1992 Minutes
(
I
I
-
:JAN G.
r~' ~ I
,-~,' \, .J,
1D92
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
January 6, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on January 6, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on January 3, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Attorney Keith Sinor, Public Works Director Wayne Bennett and City Clerk Muritta
Czaplewski.
Progress Report by BRW on Comprehensive Development Plan. This item was pulled from the
agenda as the representative from BRW was unable to be present. It will be placed on the next
Study Session agenda on February 3, 1992.
Request of Grand Island Zoological Society for Funding. A request has been received from the
Grand Island Zoological Society for a permanent operational subsidy from the City of $100,000
per year. Speaking for the zoo were: Alicia Haussler, Board President; Dan Fogland, Past
President; Gail Foreman, Zoo Director and Tina Heinz, Director of the Grand Island-Hall
County Convention and Visitors Bureau, Janie Rudnick, Junior Volunteer and Tracy Divis, Zoo
Keeper. Speaking from the audience were Earl Wilson, 2323 Bellwood Drive, who opposed
subsidizing a private entity; Sallie Folsom, 1504 West Second Street, who challenged the
concept the zoo was intended to be self-supporting; Cale Neal, 1809 South Harrison, who
thought it was poor timing and that a precedent would be set; and Gene McCormick, 707 South
Pleasant View Drive, who felt it should be placed on the ballot.
It was the consensus of the council members that there was a need for more time to study the
issue, and it was referred to the next Study Session on February 3, 1992. Councilmember
Hutchinson requested that the city attorney furnish his opinion on the legality of the City funding
the zoo. He also asked Tina Heinz to expound on the possibility of the use of revenue from a
lodging tax or a car rental tax. Council member Johnson requested to see the original design of
the zoo as prepared by Nelson Helm and also a copy of the original goals and omissions of the
Zoological Society. Councilmember Kuzma asked if the City has liability insurance to cover
all the buildings and land and requested that the liability questions be answered.
Request of Council member Hutchinson to say Pledge of Allegiance. At Council member
Hutchinson's request, the Pledge of Allegiance will be said at all city council meetings.
(
I
I
I
, " .,: 1: ;,<.1 .J'::f"~
~\',.-::,'; ..., J';f~
'l'(>l'
() U ~ )
Page 2, Study Session, January 6, 1992
Presentation by Public Works Department on Concrete Construction and Inspection. Tom
Carlson of the Public Works Department gave a slide presentation on Asphalt Concrete
Construction and Inspection.
Meeting was adjourned at 8:30 p.m.
~J-P:>~
Muritta F. Czaplewski
City Clerk
(
I
I
I
.JAN ]. $) ~e~
~~~ '~l <~,
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
JANUARY 13, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on January 13, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on January 10, 1992.
A quorum present, Mayor Dobesh call the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Muritta Czaplewski, Attorney Keith Sinor, Deputy City
Attorney Lisa Thayer, and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation which was given by Reverend Fred
C. Gardner of the United Congregational Church.
Approval of Minutes: Motion by Sorensen, second by Feaster, carried unanimously to approve
the minutes of the Regular Council Meeting of December 16, 1991; Special Council Meeting
of December 23, 1991 and of the Study Session of January 6, 1992. Councilmember Johnson
requested that the words "due to an emergency" be added to the sentence "Councilmember
Johnson left the meeting at this time" on page 2 of the December 16, 1991 Council Meeting.
Motion by Hutchinson, second by Wit, carried unanimously to go into Executive Session for the
Council to discuss the TCI contract and cable before the Council that evening. Council
adjourned to Executive Session at 7:03 p.m. and returned to Regular Session at 8:00 p.m. upon
motion by Hutchinson, second by Wit, which carried unanimously. John Wagoner, 1710 South
Harrison, questioned the purpose for going into Executive Session and stated that the City
Council's departure from the public agenda was not proper because a just reason was not given.
City Attorney Keith Sinor indicated that the City was considering possible litigation which was
the reason for the Executive Session and agreed that a better explanation could have been stated
in the motion.
Public Hearing - Class "D" Liquor License for Bag 'N Save. Public Hearing was held on the
request of Bag 'N Save for a Class "D" Liquor License. City Attorney Keith Sinor introduced
the following exhibits: Application for the Liquor License filed with the Liquor Control
Commission and received by the City Clerk on December 11, 1991; Notice to applicant of date,
time, and place of hearing mailed on December 17, 1991; Notice to general public of date, time
and place of hearing published on January 3, 1992; Chapter 4, City Code - Alcoholic Beverages;
and Department reports as required by City Code. Attorney William G. Stockdale, who
I
I
I
\o,
~,;~~.~. 1 3 i9~1
'} ;~,' ')
~~) t i)
Page 2, Regular Session, January 13, 1992
represented Bag 'N Save, and Manager John Ell were present. There was no pro or con from
the audience.
Public Participation: Gene McCormick, 707 South Pleasantview Drive, stated that he had noted
in the accounting of all the bonds and cash holdings of the City of Grand Island that there is
$44,000,000. He indicated his contention is that there are discrepancies; namely, that the City
has the amount of $44,000,000 on hand and that it does not have a finance committee to check
the city finances. He said that was one of the responsibilities of City Council members.
Presentation of Economic Indicators Report. This item was pulled from the agenda and was
referred to the next Study Session.
Request of Bag 'N Save for Class "DII Liquor License. This item relates to the aforementioned
Public Hearing. Motion was made by Feaster, second by Wit, to approve the request of Bag
'N for a Class IIDII Liquor License. Upon roll call vote, Hutchinson, Wit, Murray, Neal,
Feaster, Seifert and Shafer voted aye. Johnson, Sorensen and Kuzma voted nay. Motion
carried .
Request of Residents for Water Main along Driftwood Drive. Three residents in the 4100 block
of Driftwood Drive have submitted a request for the creation of a Water Main District to serve
four lots on Driftwood Drive, located in west Grand Island. The improvements sought for this
area would consist of the installation of a ten-inch water main along Driftwood drive, west of
Sweetwood Drive for approximately 500 feet west. Motion by Seifert, second by Sorensen,
carried unanimously to approve the request of the three residents for a water main along
Driftwood Drive.
Request of Council Member Seifert for formation of a Citizens' Cable Television Advisory
Committee. Council Member Seifert has recommended the establishment of a Cable Television
Advisory Committee to study cable television matters and provide recommendations to the
Mayor and City Council. The committee would hear and address citizen complaints, service
delivery, programming and policy matters. It could also deal with legislative and policy issues
before the City Council, including such subjects as the possibility of a municipal cable system.
Motion by Seifert, second by Johnson, carried unanimously to form a Citizens' Cable Television
Advisory Committee.
Request of Public Works Department to refer the Six - Year Street Improvement Plan to Regional
Planning Commission. The plan addresses street and drainage improvements and is intended
to prioritize needs and address federal and local funding availability. The plan is revised each
year in order to incorporate changing requirements resulting from revised local priorities and
funding limitations. Motion by Hutchinson, second by Wit, carried unanimously to refer the
Six- Year Street Improvement Plan to the Planning Commission and to the next Study Session.
Claim by Monfort. Inc. regarding water supply. A claim has been filed with the City Attorney
by Ms. P. Kay Norton, Vice President and General Counsel of Monfort, Inc. of Greeley,
I
I
I
.<;1,; ;: "2J..
:)'~; ')
',.' ,; -,J
Page 3, Regular Meeting, January 13, 1992
Colorado, seeking damages associated with the quality of the municipal water supplied to the
local plant on November 14, 1991. During this period, the water contained black granular
particles. Monfort claims the particles caused discoloration of their products, requiring the
Company to suspend production at a cost of $36,125.68 and is asking reimbursement from the
City in this amount. Motion was made by Shafer, seconded by Kuzma, to deny the claim of
Monfort for reimbursement in the amount of $36,125.68 for damages associated with the water
supply on November 14, 1991. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay. Motion carried.
Request for dwelling addition providing for handicap accessibility through Community
Development Department. A request has been received from Leighton and Connie Wiley, 4040
Scheel Road, Grand Island, by the Community Development Department seeking grant assistance
through the 1991 Community Development Block Grant Program to construct a 24'x 26'
addition to their residence. The addition is intended to provide a bedroom and bathroom for their
daughter who has cerebral palsy and is confined to a wheelchair. This request is made under
the "Special Needs" category. Motion Kuzma, second by Hutchinson, carried unanimously to
approve the application of Leighton and Connie Wiley for a loan in the amount of $15,000, at
3 % interest to be amortized over fifteen years, for the Special Needs Project for their daughter,
Toni Wiley.
Request of John and Sharon Bates, 722 East 16th Street. for vacation of 16th Street, east of St.
Paul Road. In September 1991, Mr. and Mrs. Bates requested the City vacate a tract, 20'x
658' of city property. The parcel is known as East Sixteenth Street, even though the street has
not been platted or dedicated. As a result of a dedication in a private deed, the City acquired
the property in 1922. It is used as a driveway by Bates and others in order to provide access
to their property. Motion by Sorensen, second by Johnson, carried unanimously to have the
City pay $2,230 for the west half of Lot 13; to deed the east half of Sixteenth Street adjacent
to Lot 14 and the west half of Lot 13 to John Bates; and to deed the west half of Sixteenth
Street, adjacent to Lot 14, to Karen Luft, the owner of Lot 14; to have the Bates, Luft and
Panowicz properties all replatted at city expense to reflect the new boundaries; and that the
property will be conveyed subject to a power line easement retained by the City.
RESOLUTIONS:
Council Member Hutchinson requested clarification of "Resolution H-6 - Adopting Phase 1 of
Personnel Compensation and Classification Plan and Amendments to Personnel Policy" passed
at the last City Council meeting. He indicated there was some question pertaining to how
compensation was being administered in reference to salaried employees leave for periods less
than a full day. Gene Green, Personnel Director, explained the intent of the Fair Labor
Standards Act concerning salaried supervisory employees and indicated he would be sending
clarification to the involved personnel.
#92-001 - Regarding protests filed against creation of Water Main District 403, Stauss Road
from North Road west to Garland Place Subdivision. On November 25, 1991, the City Council
I
I
I
'i~'-\ 1 3
.",,!~. . 1991
~)' r'~ 4
,:) ! J_
Page 4, Regular Council Meeting, January 13, 1992
adopted Ordinance #7766 establishing Water Main District 403 which would provide water
service to Stauss Road. The deadline for objections was January 2, 1992 and 89.85 of the front
footage in District 403 filed objections. Jerenne Garroutte, 4072 Stauss Road, who had
requested the establishment of Water Main District 405, was present and requested that the
Council consider the creation of a Tap District. She pointed out that the nitrate level in their
drinking water well tested 41 mg/I. Motion by Neal, second by Hutchinson, carried
unanimously to withdraw Ordinance #7766 which created Water Main District 403 and that the
consideration of making this a Tap District be placed on the next Study Session.
#92-002 - Approving Final Plat and Subdivision Agreement for Kenmare Subdivision. Mr. and
Mrs. Jeffrey Kelly of Grand Island have submitted the final plat for this subdivision which is
a 20.49 acre tract of land located west of Blaine Street on both sides of Pioneer boulevard
extended. Motion by Hutchinson, second by Murray, carried unanimously to approve the final
plat and Subdivision Agreement for Kenmare Subdivision.
#92-003 - Approving Agreement with Ewoldt Family to acquire public easements to serve
Ponderosa Lake Estates Subdivision. Water and sewer improvements are to be constructed in
spring 1992 to serve the newly platted and annexed Ponderosa Lakes Estates Subdivision. The
water main will be extended from its present termination along Husker Highway, across
Highway 281, and to a point at the northeast comer of the subdivision. The sewer line will be
extended from its present termination along Husker Highway, then across Husker Highway for
a distance of approximately 3,400 feet to the subdivision. These utility lines will require a 16
foot wide permanent utility easement and 890 foot wide temporary easement from Husker
Highway south to the subdivision. The Public Works Department has requested a permanent
utility easement and a temporary construction easement from the Ewoldt family, the owners of
the property, whereby the City would purchase these at a cost of $8,204. Motion by Murray,
second by Wit, carried unanimously to approve agreement with Ewoldt Family to acquire public
easements to serve Ponderosa Lake Estates Subdivision.
#92-004 - Approving Traffic Control modifications at intersection of Stuhr Road and Bismark
Road. The intersection of Stuhr Road and Bismark Road is a four-way stop resulting in noise
associated with trucks breaking and oftentimes causing cattle trucks to have manure spillage.
A change to a two-way stop intersection, whereby north-south traffic would not stop would
lessen this problem. Motion by Sorensen, second by Kuzma, carried unanimously to approve
the traffic control modifications at intersection of Stuhr Road and Bismark Road.
#92-005 - Awarding bid for property appraisal services for the CDBG Contract 91-CR-001. The
Community Development Department, as part of the 1991 Community Development Block Grant
Program, is slated to purchase four to five properties through the Voluntary Acquisition
Program. It is necessary to have the properties appraised by a licensed property appraiser.
The Community Development Department has secured quotations from three firms, ranging from
$175 to $215 per appraisal. Motion was made by Johnson, second by Murray to award the bid
in the amount of $175.00 to Patricia A. Wieser in the amount of $175.00 for property appraisal
,
(
I
I
I
!
r~ ~J,'!\' ,\', 1 -
_ " ..,.,~'" ~,',i. ,..., U \.
~ Ji l; .... ;$ /t~:0;~. T ~ _~
.... '" \)
Page 5, Regular Meeting, January 13, 1992
services for the CDBG Contract 91-CR-OOl. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Sorensen and Kuzma voted aye. Shafer voted nay. Motion
carried.
#92-006 - Approving Renewal of the Cable Television Franchise Agreement with TCI
Cablevision of Nebraska. Larry Monroe of Municon was present and reviewed the proposed
renewal of the Cable Television Franchise Agreement with TCI. Bob Richardson, Director of
Government Affairs for TCI Cablevision, Inc.; John Steinmark, the State Manager; and
Ron Hoff, Manager of TCI Cablevision of Grand Island, also addressed the city council
regarding this agreement. The City Clerk read a statement made by John Wagoner that he did
not approve the signing of the franchise agreement with TCI. Motion was made by Neal, to
approve the addendum to the proposed agreement which includes the safety alert technology
statement, and the franchise term to be ten years with an option for a five-year extension, if after
the third year, TCI passes the performance review as required by the city's cable ordinance and
including a clarification on the statement of the rates. Murray seconded the motion.
Gene McCormick relayed that he had spoken with the Hall County Housing Director, Rod
Rupple, who informed him that he had not gotten a commitment from TCI as to what the cost
would be per unit for hooking up to TCI in the Golden Towers and Centennial Towers.
Glendale Reiss of Centennial Towers said he understood Golden Age Village was to have cable
by January 28 and wondered if that was correct. He indicated there are many unhappy senior
citizens at Golden Age Village as they understood they were to have had cable much sooner.
Ron Hoff of TCI informed they plan to have the cable in the ground, the aerial up and activated
by the 28th and after that time they could start installing the individual buildings at Golden Age
Village as soon as they receive approval from Mr. Rupple. Earl Wilson, 2323 Bellwood Drive,
stated, "If you folks cave in every time somebody says there is a rare possiblity somebody is
going to sue you, what is going to happen to this town?"
Upon roll call vote on the motion, Hutchinson, Murray, Johnson, Neal, Feaster, Shafer and
Kuzma voted aye. Wit, Seifert and Sorensen voted nay. Motion carried.
#92-007 - Awarding bid for Energy Management/Supervisory Control and Data Acquisition
System (SCADA) for Electric Utility. The purchase and installation of a new Supervisory
Control and Data Acquisition and Energy Management System will expand the City's capability
to provide for centralized power control and monitoring. This will replace an existing system
that was purchased in 1972 and lacks expansion capability and for which spare parts are difficult
to find. Four bids were submitted on December 11, 1991, ranging from $701,431 to
$1,377,000. Motion was made by Feaster, second by Sorensen, to award the bid for Energy
Management/Supervisory Control and Data Acquisition System (SCADA) for Electricy Utility
to Advance Control Systems of Atlanta, Georgia in the amount of $1,069,423. Upon roll call
vote, Wit, Murray, Johnson Neal, Feaster, Sorensen, Shafer and Kuzma voted aye. None voted
nay. Hutchinson and Seifert were absent when vote was taken. Motion carried.
I
I
-
'I" n:'\l ~ >) ~~
th"))'Y .,& >i1 itIJ'.:.u.
'1.' /, 11...
(' U;J
(
Page 6, Regular Meeting, January 13, 1992
#92-008 - To support LB 948 authorizing a temporary permit to Central Nebraska Public Power
and Irrigation District. State Senator Schrock of Elm Creek has filed a legislative bill that would
grant a three-year permit enabling the CNPPID to irrigate the 33,000 acres in Kearney, Gosper,
and Phelps Counties which are the subject of the pending water rights application before the
Nebraska Department of Water Resources. CNPPID has asked the support of the City for this
bill. Motion was made by Feaster and seconded by Johnson to support LB 948 authorizing a
temporary permit to Central Nebraska Public Power and Irrigation District. Upon roll call vote,
Hutchinson, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma voted aye. Wit
voted nay. (Seifert was absent when vote was taken.) Motion carried.
A five-minute recess was taken at this time.
Council Member Hutchinson announced that the Grand Isle Heritage Zoo withdrew its request
for funding from the city and has asked for a combined committee, composed of zoo and council
members, to study the zoo's financial problems and to find possible alternatives to bailout the
financially troubled zoo.
ORDINANCES:
1-1. #7777 - To amend Chapter 32, Section 32-31, pertaining to Barricades and Lights.
This item provides authority for the Public Works Department to charge the
individual or business requiring street barricades associated with detours or
construction, the costs associated with the erection of such barricades. Motion
was made by Shafer to deny the amendment of Chapter 32, Section 32-31
pertaining to barricades and lights. Motion was seconded by Johnson. Upon roll
call vote, Hutchinson, Wit, Johnson, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. Murray and Neal voted nay. Motion carried.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7779
To annex Highway #281 and Highway #34 between Stuhr Museum and
Ponderosa Lake Estates Subdivision.
#7781
To vacate alley, Block 78, Original Town.
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to call out the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Council Member Johnson. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, and Kuzma voted aye. Seifert and
Sorensen voted nay. Motion carried.
I
I
-
:} .~
, r..r~
~J r 0.)
;:J \J (J
Page 7, Regular Meeting, January 13, 1992
After inviting questions or comments, and there being none, the mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7779 and #7781 on their first reading. All those in favor of passage,
answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Shafer,
and Kuzma voted aye. Seifert and Sorensen voted nay. Motion carried.
Clerk: Ordinances #7779 and #6681 on final passage. All those in favor of passage of said
ordinances on their final passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster and Kuzma voted aye. Seifert and Sorensen voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7779 and #7781 are declared to be lawfully passed and adopted upon publication
as required by law.
PA YMENT OF CLAIMS:
Motion was made by Wit, second by Hutchinson, to pay the claims of January 13, 1992 in the
amount of $3,006,641.28. Seifert abstained from voting on Claim #20105 in the amount of
$45.73 to Larry Seifert for bills and copies, and Wit abstained from voting on Claim #20336
in the amount of $100.00 to Gary Wit for reimbursement of payment for personal umbrella
policy.
Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Seifert, Shafer
and Kuzma voted aye. None voted nay. Motion carried.
ADJOURNMENT
The meeting was adjourned at 10: 10 p. m.
~jt~
Muritta F. Czaplewski
City Clerk
I
I
I
, .1
0,
.'
\.
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF STUDY SESSION
January 20, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on January 20, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on January 17, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council.m Members Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma. Hutchinson was absent. The following officials
were present: City Clerk Muritta Czaplewski, City Attorney Keith Sinor, and Public Works
Director Wayne Bennett.
Discussion of Personnel Residency Requirement: A discussion was held regarding the present
Residency Requirement Rule for city employees. Each department director that was present and
council member expressed their opinion. This item was referred to the next regular council
meeting on January 27, 1992.
Discussion of City Council Salaries. This item was pulled from the agenda and will be placed
on the forthcoming retreat agenda.
Presentation of Economic Indicators Report. City Administrator Zachary Zoul reviewed a list
of economic indicators for the past ten years which indicate that Grand Island in particular has
a strong economic base, that it is healthy and is prospering. He stated this is a time for
continued economic efforts, for the pursuit of community betterment, and for taking a proactive
and aggressive approach to problem solving.
Request of Jerenne Garroutte for creation of a Water Tap District. Mrs. Garroutte, who resides
at 4072 Stauss Road has requested the Council to create a Water Tap District. Utilities Director
Gary Mader explained that it would be feasible to create the Water Tap District. Council
Member Johnson asked Mr. Mader to obtain from the Grand Island Board of Realtors a report
regarding the effect excessive nitrates in private wells have on sales and consequently values of
real estate. This item was referred to the next City Council meeting on January 27, 1992.
Six- Year Street Improvement Plan. Public Works Director Wayne Bennett reviewed the major
plans of the proposed Six-Year Street Improvement Plan. He explained state law requires it be
tted in order for the City to obtain its gas tax. It is a planning document which is subject to
change from year to year and even within the year. This item was referred to the Regional
Planning Commission.
I
I
I
JAN. 2 0 1991
~)'. r'/ I'.
"' ,{ n
,.j ~ ,;-
Page 2, Study Session, January 20, 1992
Fiscal Policies Manual. Finance Director Robert Hain reported that the Fiscal Policies Manual
is a major building block in the operation of the accounting system and will hopefully provide
some consistency. He stressed that this is not a finance department manual but rather the city
council's policy manual. He asked the council to review it and to have it brought back in
resolution form.
Platte River Water Management and Kingsley Dam Relicensing. The Central Nebraska Public
Power and Irrigation District has applied for a permit to provide irrigation water to 33,000 acres
of South-Central Nebraska farmland. The city originally opposed that permit but has withdrawn
its opposition. City Attorney Keith Sinor was present and requested the council to become
involved in current legislation pending in the Nebraska Legislature regarding water. He stressed
that the municipal well fields need to be protected and recommended hiring a hydrologist on a
long term basis.
~J.?~
Muritta F. Czaplewski
City Clerk
I
I
-
.'.i"i:::...' J:;;fJ1
~ ~'.r."
L' ! ,,"
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
JANUARY 20, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of G.rand Island
was conducted in the Council Chambers of City Hall on January 20, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on January 17, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma. Hutchinson was absent. The following officials were
present: City Attorney Keith sInor, Public Works Director Wayne Bennett and City Clerk
Muritta Czaplewski.
Appointment of Members to the Heritage Zoo Committee. Motion by Shafer, second by Seifert,
carried unanimously to approve the appointments of Council Members, Bob Sorensen, Bud
Feaster and Joni Kuzma, to the Heritage Zoo Committee.
Motion by Feaster, second by Shafer, carried unanimously for adjournment of meeting. Meeting
adjourned at 7:05 p.m.
~~.~~
Muritta F. Czaplewski
City Clerk
I
I
I
;JAN 2 '? -m92
~l" C) I'
~.~; C) ,}
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
JANUARY 27, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on January 27, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on January 24, 1992
A quorum present, Mayor Dobesh call the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, Clerk Muritta Czaplewski, Attorney Keith Sinor, Public Works
Director Wayne Bennett and Deputy City Attorney Lisa Thayer.
Pledge of Allegiance was said followed by the Invocation which was given by Reverend Scott
Parsons of Covenant Presbyterian Church.
Approval of Minutes: Motion by Seifert, second by Johnson, carried unanimously to approve
the minutes of the January 13, 1992 Regular City Council Meeting; January 20, 1992 Special
City Council Meeting; and the January 20, 1992 Study Session of the City Council.
Proclamations: The Mayor designated January 31, 1992 as "Grand Island Police Officer
Awareness Day" in recognition of the outstanding performance of the officers of the Grand
Island Police Department.
In conjunction with Governor Nelson, the Mayor designated the week of January 26-February
1, 1992 as "Discover Catholic Schools Week."
Public Hearings: Application of Eulen C. Whitten for Renewal of Conditional Use Permit for
a temporary structure at the Sundowner. 3234 Schimmer Drive. Applicant was unable to be
present. Building Director Craig Lewis explained that Mr. Whitten's request was for his being
able to continue using a mobile home for a night watchman's facility and that he has had a
Conditional Use Permit for this purpose for the past eleven years. Council Member Hutchinson
expressed his desire that this be the last Conditional Use Permit issued to Mr. Whitten and that
he put in place a permanent structure. Council Members Neal and Kuzma also felt the
temporary mobile home should be replaced with a permanent structure.
Application of Robert Gartner for a Conditional Use Permit for Storage of Fireworks at 3325
West Second Street. Mr. Gartner was present at the hearing as well as Mr. Mark Kolar who
was interested in leasing the building at 3325 West Second Street from Mr. Gartner. Mr. Kolar
plans to store Class "c" Fireworks at this location. Building Director Craig Lewis pointed out
that obtaining the Conditional Use Permit is the first step for the applicant, and the next step
I
I
I
11:~' -,..... l' q. r) ....
>I.. ;',;1. ::.~ ('}81 (~b ;)
Page 2, Regular Session, January 2' , 1992
for him is to conform with the Building and Life Safety Codes. Gene McCormick of the
audience suggested that recommendations be obtained from the fire chief before the council
proceeds any further.
PUBLIC PARTICIPATION: Gene McCormick, 707 South Pleasant View Drive, referred to
the Personnel Policy relative to the residency requirement for city employees. He implied it
would be an objectional step to repeal the residency requirement as city employees residing
outside the city do not have the civic rights and privileges as inhabitants of the city have.
Mr. McCormick expressed his concern about the Treasurer's Report which indicated
$28,000,000 had to be reinvested in the last six months. He asserted there would be a shortage
of $300,000 in interest earnings before the end of the year. Mr. McCormick stated he and Mr.
Wagoner last summer had contested this method of financing and he was again requesting the
mayor to appoint a finance committee of three members of the council, one member of an
auditing firm and one from an investment firm, with each of the latter two individuals being a
$1.00 per year appointee.
Mr. McCormick also stated he objected to members of the public and city employees, who live
outside the city, voicing their opinions at meetings about city actions. He feels it is illegal for
them to participate in the determination of some matters.
DISCUSSION AND INFORMATION ITEMS:
Discussion of Environment Impact Statement on Kingsley Dam Relicensing. The Federal
Energy Regulatory Commission has released their draft Environmental Impact Statement on the
Kingsley Dam Relicensing as part of the application process by the Central Nebraska Public
Power and Irrigation District for a license to operate their power and irrigation system. The
review process associated with the Environmental Impact Statement provides for a 60 day
comment period during which interested parties may submit comments concerning the report.
Stipulations attached to the license can affect Grand Island's water supply. The process is an
important one inasmuch as it will have an impact on Platte River Water flows.
City Attorney Keith Sinor reviewed the actions the council may take and pointed out that the
city's participation carries with it the burden of having to deal with those who oppose the city's
position. Mr. Sinor stated he believed there would be sufficient time for the staff to prepare a
response and to bring it back to the council for review and consideration of adoption. Motion
made by Neal, second by Johnson, carried unanimously to have the city staff prepare a response
to the Environment Impact Statement on Kingsley Dam Relicensing and return it to council for
approval before filing it with the Federal Energy Regulatory Commission. Mr. Gene
McCormick of the audience stated that the council should learn what priority the City has to the
water in the Platte River and referred to a World Herald article about the priorities.
I
I
I
J"N. 2 7 1991.
~1' (j /
() () 4:
Page 3, Regular Session, January 27, 1992
Discussion of Platte River Hydrological Study. This matter was discussed at the January 20,
1992 Study Session. City Attorney Keith Sinor pointed out the importance of maintaining water
flows in the Platte River in order to provide a sufficient quality and quantity of water from the
city's well field. He stressed the importance of proceeding with a study of ongoing issues that
are taking place about water issues and of understanding the hydrology of the river basin. Mr.
Mr. Sinor and Utilities Director Gary Mader recommended that a hydrological study be made.
It was the consensus of the council to refer this item to the retreat and asked staff to prepare a
proposed scope of service and some alternative levels of services.
Presentation and Discussion on Municipal Cable Television Feasibility Study Proposals was
moved to the end of the agenda.
REQUESTS AND REFERRALS:
Receipt of Minutes: Motion by Sorensen, second by Kuzma, carried unanimously to receive the
minutes of the December 17, 1991 Downtown Improvement Board Meeting; January 8, 1992
Community Development Advisory Committee Meeting and the January 15, 1992 Board of
Health Meeting.
Request of Thomas Baxter for referral of property rezoning to Regional Planning Commission.
Mr. Thomas Baxter of Grand Island has submitted a request to rezone a 50.54 acre tract of
property located between George Park and Westridge School from Independence Avenue to
North Road from T A (Transitional Agriculture) zone to R2 (Low Density Residential) zone.
Motion by Hutchinson, second by Wit, carried unanimously to refer the request of Thomas
Baxter for property rezoning to the Regional Planning Commission.
Consideration of a Request for Referral of Property Rezoning to Regional Planning Commission.
Mr. Rudolf Plate and Mr. Don Janzen of Grand Island have submitted a request to reZOne two
tracts, totalling 2.4 acres located north of Capital A venue and east of Saint Patrick Avenue from
Bl (Light Business) zone to B2 (General Business) zone. Motion by Hutchinson, second by Wit,
carried unanimously to refer the request of Rudolf Plate and Don Janzen for property rezoning
to the Regional Planning Commission.
Report on Aquatic Facility and review of construction documents. Jim Wilgus of Reery
Engineering, Project Engineers for the Water Park facility, presented a progress report on the
project. This included a review of preliminary construction plans and a summary of the Market
Feasibility Study prepared by william C. Harralson and Associates with respect to operations
and attendance. The timetable for the project provides that construction bids will be solicited
on February 15, 1992 and received on March 16, 1992. The Purchasing division has issued two
bid packets on January 17, 1992 for two water slides and wave generating equipment. Bids will
be received on February 19, 1992 for this equipment. Motion was made by Kuzma, and
seconded by Shafer, to approve the preliminary plans on the water park facility. Upon roll call
I
I
I
'-" ,-, ')
J!',ii. 2 7 1991. b) i)
Page 4, Regular Session, January 27, 1992
vote, Hutchinson, Wit, Murray, Johnson, Neal, Seifert, Shafer and Kuzma voted aye. Feaster
and Sorensen voted nay. Motion carried.
Request of Jerenne Garroutte for creation of a Water Tap District. Mrs. Jerenne Garroutte of
4072 Stauss Road has requested the establishment of a Water Tap District to serve the Garland
Place Subdivision. This area is presently served by private water wells and Mrs. Garroutte's
well tested high in nitrates. Motion was made by Seifert, second by Feaster, to approve the
request of Mrs. Jerenne Garroutte of 4072 Stauss Road for creation of a water tap district.
Upon roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. Johnson abstained. Motion carried.
Request of Grand Island Independent for use of public right-of-way to install Handicap Ramp.
Mr. Kent Thomas, representing the Grand Island Independent at 422 West First Street, has
submitted an application requesting a License Agreement to construct a handicapped ramp on
the sidewalk adjacent to First Street. Public Works Director Wayne Bennett pointed out
obtaining approval from the council is the first step of the process and that applicant must then
obtain a permit from the Nebraska Department of Roads. Motion by Sorensen, second by
Hutchinson, carried unanimously to approve the application of the Grand Island Independent for
use of public right-of-way to construct a handicapped ramp at 422 West First Street.
Application of Eulen C. Whitten for Renewal of Conditional Use Permit for a temporary
structure at the Sundowner. 3234 Schimmer Drive. This item was addressed at the
aforementioned public hearing. Motion was made by Sorensen, second by Seifert, to approve
the application of Eulen C. Whitten for renewal of Conditional Use Permit for a temporary
structure at the Sundowner, 3234 Schimmer Drive. Hutchinson offered an amendment to the
motion that this be the last conditional use permit issued to Mr. Whitten for the temporary
structure and that within the two-year period a permanent structure will be constructed.
Sorensen accepted the amendment. Upon roll call vote, Hutchinson, Wit, Murray, Johnson,
Feaster, Seifert, Sorensen and Shafer voted aye. Neal and Kuzma voted nay. Motion carried.
Application of Robert Gartner for a Conditional Use Permit for Storage of Fireworks at 3325
West Second Street. This item was addressed at the aforementioned public hearing. Motion by
Seifert, second by Sorensen, carried unanimously to approve the application of Robert Gartner
for a Conditional Use Permit for Storage of Fireworks at 3325 West Second Street.
RESOLUTIONS:
#92-009 - Adopting Fiscal Policies Manual. Finance Director Robert Hain explained that the
proposed Fiscal Policies Manual was prepared to afford everyone an opportunity to be aware
and understand the general direction of the City in fiscal matters, and will allow a systematic
fashion in developing the new accounting system. Motion was made by Johnson, second by
Wit, to adopt the Fiscal Policies Manual. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen abstained.
(
I
I
I
JfV1. 2 "I 1S~1 i) 9 (.
(
Page 5, Regular Session, January 27, 1992
#92-010 - Amending Personnel Policy Relative to Residency Requirement. The present City
Personnel Policy requires all city employees, upon completion of their probationary period, to
reside within the city limits or the two-mile zoning jurisdiction. Personnel Director Gene Green
has recommended the residency requirement be repealed. Motion was made by Feaster, second
by Seifert, to deny amending the> Personnel Policy Relative to Residency Requirement and to
leave the Policy as is. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal and Shafer
voted nay. Feaster, Seifert, Sorensen and Shafer voted aye. Motion failed.
Motion was made by Wit, second by Hutchinson, to approve amending the Personnel Policy
relative to Residency Requirement. Upon roll call vote, Hutchinson, Wit, Murray, Neal, Shafer
and Kuzma voted aye. Johnson, Feaster, Seifert, Sorensen and Shafer voted nay. It was a tie
vote, and Mayor Dobesh voted nay. Motion failed.
#92-011 - Awarding bid for removal of asbestos from Parks Garage Building. Six bids were
received for removal of asbestos from the Parks Garage Building which ranged from $3,438 to
$12,809. Motion was made by Shafer, second by Seifert, to award the bid of $3,438 to Enviro
Clean Contractors of Grand Island. Upon roll call vote, Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay. Motion carried.
#92-012 - Approving Construction or Purchase of Maintenance Building for Parks Department.
Four bids were received which ranged from $103,640 to $138,931 for construction of this
Maintenance Building. An alternate bid for construction of an additional 2,000 square feet of
storage area for the Street Division of the Public Works Department was provided for. Motion
was made by Hutchinson, second by Shafer, to award the bid to Chief Construction in the
amount of $116,420.00 for construction of a Maintenance Building for Parks Department plus
space for the Street and Alley Division. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Shafer and Kuzma voted aye. Seifert and Sorensen voted nay. Motion
carried .
#92-013 - Awarding bid for purchase of bucket truck for Electric Utility. One bid in the amount
of $71,591.13 was received for purchase of this bucket truck. This bid included the trade in of
a 1979 chassis cab service truck. Motion was made by Seifert, second by Kuzma, to award the
bid to Hi-Ranger Midwest of Kieler, Wisconsin in the amount of $71,591.13 for purchase of
bucket truck for electric utility department. Upon roll call vote, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen and Kuzma voted aye. Hutchinson and Shafer voted nay.
#92-014 - Awarding bid for the demolition and site clearance of Parks Department Garage
Building. Seven bids were received for this demolition and site clearance which ranged from
$16,700 to $34,766. Motion was made by Johnson, second by Murray, to award the bid in the
amount of $16,700 to Island Landhandlers, Inc. of Grand Island. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Shafer and Kuzma voted aye. Seifert and
Sorensen voted nay. Motion carried.
I
I
I
\
f "'1"1 I"""t. .~"
~.!-" . -.;.:.' ,1(]C-I 'J' Q t
~ .U'~, ,"~f"
......' '-.J_A
Page 6, Regular Session, January 27, 1992
#92-015 - Approving termination of contract with Richard Halpine for Professional Services.
The Tennis Center Advisory Board, has recommended that the City terminate its contract with
the Tennis Professional Richard Halpine because they do not feel he has fulfilled his
responsibilities under the contract. It will expire on May 15, 1992 and provides for an automatic
renewal unless either party gives a 90 days notice. The Tennis Center Advisory Board is
recommending the City solicit proposals from interested tennis professionals. Mr. Halpine
would be entitled to submit a proposal which would then be evaluated in relation to all others.
Tom Kovanda, a member of the Tennis Center Advisory Board, stated that Mr. Halpine is an
excellent tennis instructor but that he has not provided enthusiasm in promoting tennis,
generating tournaments and has fallen short in other activities.
The following members of the audience spoke in support of Mr. Halpine as a tennis instructor:
Dr William Fowles and Mrs. Fowles, 2808 Cottonwood Road; Dr. Tom Nabity and Mrs.
Nabity, 2319 Stagecoach Road; Deborah Schultz, 2508 Cottonwood Rd.; and Brian Anderson,
1810 South Harrison.
Motion was made by Kuzma to send this matter back to the Tennis Center Advisory Board, to
see that it is taken back to Mr. Halpine, that they discuss exactly what the council has been
talking about, and to bring it back to council later. Motion died for a second. Motion was
made by Feaster and seconded by Seifert to take this matter to the Study Session. Hutchinson
asked to have instead a committee of three councilmembers, the mayor and Mr. Zoul meet with
Mr. Halpine and the Tennis Center Advisory Board. Shafer asked that Personnel Director Gene
Green be included. Council Member Feaster accepted this amendment. Upon roll call vote, the
motion carried unanimously.
Authorizing grant application for funding of land acquisition for a Materials Recovery Facility.
Acquisition of land adjacent to present transfer station would allow for possible future expansion
as a yard waste composting facility as well as provide a depository location of yard waste. The
waste in turn would be transported to the WasteWater Treatment Plant where it would be mixed
with sewer sludge. Motion by sorensen, second by Hutchinson, carried unanimously to
authorize staff to submit a grant application in the amount of $7,875 for funding of land
acquisition for a Materials Recovery facility. This represents 50 % for the land purchase,
appraisal costs and legal fees. The city's 50% match would be funded through the landfill fund.
392-018 - Authorizing grant application for funding of composting. Motion by Sorensen, second
by Hutchinson, carried unanimously to authorize the Public Works Department to submit a
second grant application in the total amount of $190,000 for purchase of a windrow mixer--
$172,725 is requested from the State program and City would provide 10% or $17,275 from city
funding.
#92-019 - Approving transfers within 1991-92 Annual Budget. Motion by Hutchinson, second
by Johnson, carried unanimously to make the following adjustments in the fiscal year 1991-92
I
I
I
,':'.!.z: ',';,,:2, B 8 0
Page 7, Regular Session, January 27, 1992
budget: 1.) $6,000 increase in Legal Division 105-1011 Account to provide for a personnel
shift; 2.) $3,000 increase in Legal Division 105-2726 Account to provide for court costs
associated with court appointed legal fees; 3.) $6,000 increase in General Division 109-2777
Account to provide for contractual services associated with Municon; 4.) $1,850 increase in
Purchasing Division 108-3111 Account to provide for a Computer; and 5.) $20,000 increase in
Self-Insurance Division 213-2802 Account to provide for legal costs associated with the Fire
Officer lawsuit.
ORDINANCES:
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7780
#7782
To create Water Main Connection District 405T
To authorize conveyance of Lots 2 and 3, Chateau Orleans Subdivision to
Edgar C. McMullen
To vacate easement in center of Lots 2 and 3, Chateau Orleans Third
Subdivision
To establish a Cable Television Advisory Board
#7783
#7784
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Council Member Johnson. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye. None voted nay. Motion carried.
After inviting questions or comments, and there being none, the mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7780, #7782, #7783 and #7784 on their first reading. All those in favor
of passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7780, #7782, #7783 and #7784 on their second reading. All those in favor
of passage of said ordinances on their final passage, answer roll call. On roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye. None voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7780, #7782, #7783 and #7784 are declared to be lawfully passed and adopted upon
publication as required by law.
(
I
I
I
f1:~' ..., ~ ':\1,,,
.:itl~ ~ : ho,,-
g,c~ln
t..' ! II'
Page 8, Regular Session, January 27, 1992
PAYMENT OF CLAIMS:
Motion was made by Kuzma, second by Shafer, to pay the claims of January 27, 1992 in the
amount of $1,212,458.77. Seifert abstained from voting on Claim #20579 to Larry Seifert in
the amount of $39.93 for telephone calls. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Motion carried.
A seven-minute recess was taken at this time (9:35 p.m.), and Council Members Hutchinson and
Sorensen left the meeting.
Presentations and Discussion on Municipal Cable Television Feasibility Study Proposals. A
screening group of the Cable Committee (Council Member Seifert, Council Member Shafer,
Deputy City Attorney) and the Mayor, City Administrator, and Director of Utilities was
established. Three finalists were selected. Their names and fees are as follows: CTIC
Associates of Waterford, Virginia - $17,172 and unspecified expenses; Excel Communications
of San Antonio - $32,000 and $7,250 expenses; and Rice, Williams Associates of McLean,
Virginia -$33,000 and $4,000 expenses. Rice's bid included a $12,000 consumer market survey
which wasn't part of the bids. Representatives were present from Excel Communications and
Rice, Williams Associates and gave a presentation. The representative of CTIC Associates of
Waterford, Virginia made his presentation by telephone. Motion was made by Johnson, second
by Neal, to table any action on the Municipal Cable Television Feasibility Study Program until
the Council Retreat and to authorize staff to check the references on the three firms. Upon roll
call vote, Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Wit voted no.
(Hutchinson and Sorensen were absent.) Motion carried.
City Administrator Zachary Zoul announced the Council Retreat will be held in the City Council
Chambers on Saturday, February 15, 1992 from 8:00 a.m. to 4:30 p.m.
Meeting was adjourned at 11:00 p.m.
~ .1. rp~
Muritta F. Czaplewski
City Clerk
I
I
I
FES <$ 1992
":,, f\
. ~_: ~}
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
SPECIAL CITY COUNCIL MEETING
Tuesday, February 4, 1992
The Special City Council Meeting, which was to be held at conclusion of 7:00 p.m. Study
Session on February 4, 1992, with the following agenda item: "Municipal Cable Television
System Feasibility Study", was cancelled because information had not been distributed to
the City Council relative to this subject.
'W]~,j.G~
Muritta F. Czaplewski
City Clerk
I
I
I
~~ ,Q R
,--,v,_.J
i
\
FEf1. 4 1991.
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
February 4, 1992
Pursuant to due call and notice thereof, a meeting of the City Council Study Session of the City
of Grand Island was conducted in the Council Chambers of City Hall on February 4, 1992.
Notice of this meeting was given in the Grand Island Daily Independent on January 31, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Attorney Keith Sinor, Deputy City Attorney Lisa Thayer and City Clerk Muritta Czaplewski.
Request of Residents for Burning Days. A petition containing 509 names and three additional
-requests were received for allowing open burning two weekends in the spring and two weekends
in the fall. The following addressed the council in opposition to this request: Fire Chief Ronald
Schwieger and Gene McCormick, 707 South Pleasant View Drive. Those who spoke in support
were Matjorie Creason, 4310 Blauvelt Road; Ron Greenwalt, 2632 North Road; Rocky Beason,
2515 Commerce Avenue; Dale DeyErmand, 2421 Commerce Avenue; Etnier Ruhe, 2508
Commerce Avenue and Gary Morgan, 2915 West 17th Street. This item was referred to the
next council meeting on February 10, 1992.
Personnel Residency Requirement Violation. Mr. Larry Fox, Accountant in the Finance
Department was hired on September 30, 1991 and his six-month probationary period ends on
March 30, 1992. He resides in Aurora. When the position was offered to him on September
2, 1991, he was advised by the City he would not be required to relocate. The statement was
made based on the Personnel Director's belief that residency requirements had been struck down
by the Courts and could not be enforced. After Mr. Fox began work, it was determined that
a residency requirement could be upheld. Furthermore, the City Council recently declined to
repeal the requirement.
Personnel Director Gene Green reiterated his belief that the Personnel Residency Requirement
Rule should be done away because it is indiscriminatory. He pointed out that the mechanism
which allows for emergency personnel response time is written in the job descriptions and is
written in the Civil Service Rules and Regulations for the police and fire personnel. Council
Member Johnson stated he would like to include the Department Heads in the list of emergency
personnel. Gene McCormick of the audience stated the council members should vote the
opinions of their ward constitutents.
Mr. Fox addressed the council regarding the above matter and stated he accepted the position
having been advised that the residency requirement was not required. He indicated a change
I
I
I
rE!3. 4 1991-
90""1
(_~ ~w) l
Page 2, Study Session, February 4, 1992
was needed in the residency requirement, especially since there are city employees who maintain
an address in the city but reside outside of the city. He requested the council to resolve the
issue.
Earl Wilson, 2323 Bellwood Drive, stated that he felt the city administrator and personnel
director should have been able to avert the dilema Mr. Fox is now facing.
At the request of Council Members Johnson, Kuzma and Wit, the discussion of the Personnel
Residency Requirement was placed on the agenda of the next regular City Council meeting on
February 10, 1992.
Presentation on Comprehensive Plan by BRW. Mr. Jeff Benson ofBRW gave a progress report
on the Comprehensive Plan. He gave a detailed report on the transportation forecast for the next
twenty years and on the possible roadway improvements in the city. He plans to return in two
months to give another update on the plan.
Report on Electric Utility Debt Retirement. Utility Director Gary Mader gave an update on the
Utility Debt Retirement. Mr. Bill Beavers of Shearson and Lehman gave a review of the general
plan for reevalutating the present financing of the electric utility debt retirement.
Property Maintenance Task Force. This item was removed from the agenda and will be on a
placed on a future agenda.
Review of City Hall Plans. This item was referred to the next regular meeting of the City
Council on February 10, 1992.
Presentation on 1992 Asphalt Resurfacing Program and Specifications. Public Works Director
Wayne Bennett gave a presentation on this program.
"Jrtw.ttt:v j , C-~v
\
Muritta F. Czaplewski
City Clerk
I
I
,
fES 1 {) 1992
,f.]: 0 f)
'-" v.;
(
l
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
February 10, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on February 10, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on February 7, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Adminstrator Zachary Zoul, City Clerk Muritta Czaplewski, City Attorney Keith Sinor, Public
Works Director Wayne Bennett, and Deputy City Attorney Lisa Thayer.
Pledge of Allegiance was said followed by the Invocation which was given by Reverend Terry
Brown of the Calvary Assembly of God Church.
Approval of Minutes: Motion by Shafer, second by Seifert, carried unanimously to approve the
minutes of the January 27, 1992 Regular City Council Meeting and February 4, 1992 City
Council Study Session.
Presentations:
Presentation to Fire Marshal Jim Carter on his Retirement: Mayor Dobesh presented Mr. Jim
Carter with a gold watch in recognition of his 27 years of dedicated service to the Fire,
Department of the City of Grand Island. At the time of his retirement, he served as Fire
Marshal.
Presentation by Ductile Iron Pipe Research Association. Mr. John Anderson of the Ductile Iron
Pipe Research Association presented a plaque to the Mayor in recognition of the City's 100
years of providing water utility services. The Ductile Iron Pipe Research Association is an
organization representing ductile iron and cast iron pipe manufacturers.
Proclamations: The Mayor, in conjunction with the National Society Daughters of the American
Revolution, has designated the month of February 1992 as "American History Month", to stress
pride in the United States through the study of American history, and awareness of the
importance of freedom, equality, justice and humanity.
Council Member Wit asked that it be acknowledged that February is also "American Black
History Month."
I
I
,
F~',B :~, d
"i,,"1~-()
..... .....--
'-i. 08
(: 'I..,'
Page 2, Regular Session, February 10, 1992
Public Hearings:
Application of Robert J. Gartner for renewal of Conditional Use Permit for a scrap paper baling
operation at 1215 East Highway 30. A public hearing was held on Mr. Gartner's application
for renewal of a Conditional Use Permit, and there was no public comment.
Land Use Change for property located between George Park and Westridge School. A public
hearing was held on the application of Mr. Thomas Baxter to rezone a 50.4 acre tract of land
between George Park and Westridge School from Independence A venue to North Road from
"TA" (Transitional Agriculture Zone) to "R2" (Low Density Residential Zone). The purpose
of the change is to allow for a new residential development. There was no public comment.
Nelson Helm, Director of Regional Planning, related that there was no opposition at the public
hearing held by the Regional Planning Commission and that approval was recommended.
Land Use Change for property located north of Capital A venue. east of Saint Patrick Avenue.
A public hearing was held on the application of Mr. Rudolf Plate and Mr. Don Janzen to rezone
a 2.4 acre tract of land located north of Capital Avenue and east of Saint Patrick Avenue from
"Bl (Light Business Zone) to "B2" (General Business Zone. The purpose of the zoning change
is to allow for the construction of new storage garages and to establish an existing used car sales
lot to a conforming use. There was no public comment. Nelson Helm, Director of Regional
Planning Commission, related that there was no opposition at the public hearing held by the
Regional Planning Commission and that approval was recommended.
Cable Television Franchise Agreement with TCI Cablevision of Nebraska. Inc. A public
hearing was held on the Cable Television Franchise Agreement with TCI Cablevision of
Nebraska. Deputy City Attorney Lisa Thayer explained that all the revisions, as requested to
be made by the City Council at their January 13, 1992 meeting, have been incorporated into the
franchise agreement and that there have been no other changes made to the contract. There was
no public comment.
Six-Year Street Improvement Program. A public hearing was held on the Six-Year Street
Improvement Program. Wayne Bennett, Director of Public Works, reported that the Regional
Planning Commission held a hearing on January 13, 1992 on this program and have
recommended approval. There was no public comment.
Community Development Block Grant Application for Home Ownership Opportunity Program.
A public hearing was held on the Community Development Block Grant Application for Home
Ownership Opportunity Program. Jerenne Garroutte, Community Development Director,
explained that Community Deyelopment is requesting permission to submit an application to the
Department of Economic Development in the amount of $164,000 and that these funds would
be used for down payment assistance for new construction by people meeting the low income
I
I
.~~~
-
FE'S 1 . 1892
iJ "'''''i
'~i ,
Page 3, Regular Session, February 10, 1992
guidelines. She indicated the homes would be built on scattered sites, preferably in the project
area, and that if a request is received to build outside of the project area, the request would be
submitted to the City Council, as well as to the Department of Economic Development for their
approval. There was no public comment. Council Member Johnson expressed- interest in the
Homes for Humanity Program and asked Mrs. Garroutte to arrange a presentation by them at
a council meeting.
Public Participation:
Andy Baird, President of the Industrial Foundation, was present and requested the City Council
to authorize the mayor to sign an offer to sell 7.5 acres at $9,000 per acre to the United States
Postal Service for a Mail Processing Center. It would exclude utilities and right-of-way. The
property is located in the southern border of the Platte Valley Industrial Site. He explained the
deadline for submission of offers was the next day and that he was asking that this matter be
added to the agenda as an emergency item. Motion was made by Feaster, second by Sorensen,
to add as an emergency item to the agenda, the request of the Industrial Foundation to authorize
the mayor to sign an offer to sell 7.5 acres at $9,000 per acre to the United States Postal Service
for a Mail Processing Center. Upon roll call vote, Murray, Neal, Feaster, Seifert, Sorensen and
Shafer voted aye. Hutchinson, Wit, Johnson and Kuzma voted nay. Motion failed. Mr. Baird
explained there is a possibility a bid could still be submitted. This item will again be considered
at the February 24, 1992 City Council meeting.
Mr. and Mrs. Jeff Kelly, 2712 Pioneer Boulevard, are the subdividers of Kenmare Subdivision.
Mr. Kelly was present and explained that the language in the Subdivision Agreement would need
to be amended as it limits the placement of the storm sewer drainage to one location which is
north of the Union Pacific Railroad tracks. This does not meet with the approval of the Union
Pacific Railroad Company. He asked that this matter be added to the agenda as an emergency
item and defined the urgency as being various real estate transactions that are chained to one
another. Motion by Wit, second by Neal, carried unanimously to place on the agenda as an
emergency item the request of Mr. and Mrs. Jeff Kelly to amend the Kenmare Subdivision
Agreement. Copies of Resolution #92-033 were distributed to the council members. Motion
by Sorensen, second by Seifert, carried unanimously to approve Resolution #92-033, whereby
the Kenmare Subdivision Agreement is amended from the form approved by Resolution #92-002,
and will allow for the acceptance of different possible locations for the storm drainage.
Gary Wit stressed the importance of individuals identifying themselves when make phone calls
or in corresponding with council members as he feels it does not carry much weight when
contact is made anonymously.
Gene McCormick, 707 South Pleasantview Drive, made a request to place an item on the next
regular City Council meeting agenda.
I
I
I
\
. ~,L~,2
{"j {; f \
,} .'! ft
Page 4, Regular Meeting, February 10, 1992
DISCUSSION AND INFORMATION ITEMS:
Review of City Hall Project Design and Drawings. This item was moved to the conclusion of
the meeting.
Open Burning Regulations. Motion was made by Wit, seconded by Shafer, to return to allow
open burning on Wednesdays and Saturdays. Upon roll call vote, Wit, Johnson, Seifert, and
Shafer voted aye and Hutchinson, Murray, Neal, Feaster, Sorensen and Kuzma voted nay.
Motion failed.
Motion was made by Johnson, second by Shafer, to allow open burning two weekends in the
spring and two weekends in the fall, until such a time that a compost site is in place. Council
Member Murray offered an amendment to define specific times and those being two weekends
before April 1 and two weekends after October 31. Ron Greenwalt, 2632 North North Road
reiterated his request for open burning two weekends in the spring and in the fall. Upon roll
call vote, Murray, Johnson, Seifert and Shafer voted aye and Hutchinson, Wit, Neal, Feaster,
Sorensen and Kuzma voted nay. Motion failed.
REOUESTS AND REFERRALS:
Application of Robert J. Gartner for renewal of Conditional Use Permit for a scrap paper baling
operation at 1215 East Highway 30. There was no opposition to this request at the
aforementioned hearing held. Motion by Seifert, second by Hutchinson, carried unanimously
to approve the request of Robert J. Gartner for renewal of a Conditional Use Permit for a scrap
paper baling operation at 1215 East Highway 30 for a two-year period or until February 10,
1994.
Application of Stephan Johnson/dba Johnson & Associates for a License Agreement to occupy
city right-of-way. Stephan Johnson, owner of Johnson and Associates, located at 411 East
Fourth Street, made application for a License Agreement to use the public right-of-way for a
brick planter and sign. This application was reviewed by the Building Inspection and Public
Works Department. It was recommended that the brick planter be approved, but that the request
for the sign be denied on the grounds that the City ordinance does not allow signs in the right-
of-way. Mr. Johnson was present and stated he originally had received approval for placement
of the concrete at which time the sign was already in place and assumed the approval included
the placement of the sign. He presented pictures of other signs he felt are in the public right-of-
way. Director of Public Works Wayne Bennett stated that Mr. Johnson did obtain a permit for
the concrete placement; however, he did not obtain a sign permit. Motion was made by Wit,
seconded by Murray, to approve the application of Stephan Johnson/dba Johnson & Associates
for a License Agreement to occupy city right-of-way. Upon roll call vote, Hutchinson, Wit,
Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Murray voted nay.
Motion carried.
I
I
I
"
FE8 1 <1 1992
':;1 () _.
<'- ~},:)
Page 5, Regular Meeting, February 10, 1992
Request of Ruzicka Carburetor Electric for use of City property west of 1414 West Stolley Park
Road. Mr. Don Ruzicka of Ruzicka Carburetor Electric has requested the use of the city
property west of Ruzicka Carburetor Electric for a car show. Motion by Sorensen, second by
Feaster, carried unanimously to approve the request of Ruzicka Carburetor Electric to use the
city property west of Ruzicka Carburetor Electric at 1414 West Stolley Park Road for the 1992
Late Great Car Show/Picnic #3 on July 11, 1992 from 10:00 a.m. to 6:00 p.m.
Acquisition of Property at 415 East Ninth Street for Homestead Program. Jerenne Garroutte,
Community Development Director, was present to explain this program. Paul and Betty
Obermiller have offered for sale to the City, under the Community Development Voluntary
Acquisition Program, their substandard property at 415 East Ninth Street for the appraisal price
of $14,750. Motion by Hutchinson, second by Neal, carried unanimously to grant permission
for the purchase of the substandard property at 415 East Ninth Street in the amount of $14,750
under the Community Development Voluntary Acquisition Program.
Request of Lacy Building and Supply Company for a contract Change Order relative to Library
Improvement Proiect. Motion by Seifert, second by Kuzma, carried unanimously to approve
the request of Lacy Building and Supply Company for a contract change order relative to the
Library Improvement Project for an increase in the amount of $309. This will provide for the
additional small piece of vinyl wall covering, an additional of 17 carpet flange rings, and the
deletion of vinyl base in the receiving area.
Request for Street Improvement District on Poplar Street. from Ninth Street to Eleventh Street.
This item was removed from the agenda. See Ordinance #7786.
Approval of Appointments to Cable Television Advisory Board. This board will be a collection
center for citizens' complaints and all related cable problems and possible solutions. If the City
would build its own cable system, this committee would be responsible for customer surveys,
site selections, programming, different types of technology needed, etc., with Council approval.
Motion was made by Sorensen, second by Feaster, to approve the recommended appointments
by the mayor of the following individuals to the Cable Television Advisory Board: John
Wagoner, John Paustian, Jim Sander, Lynn Weaver, Fred Roeser, Reverend George Peek and
LeRoy Stegman. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen and Shafer voted aye and Kuzma voted nay. Motion carried.
Approval of Appointments to Property Maintenance Task Force. In order to accomplish one of
the top priorities to make Grand Island a safer and better place to live in 1992, the Mayor has
recommended establishment of a Property Maintenance Task Force. Motion by Wit, second by
Johnson, carried unanimously to approve the following individuals to serve on the Property
Maintenance Task Force: Zachary Zoul, City Administrator; Council Members, Larry Seifert,
Alice Neal, Glen Murray, Bob Sorensen and Mike Hutchinson; Ed Edwards, Director of Public
Health; Craig Lewis, Director of Building Department; Keith Sinor, City Attorney; Lisa Thayer,
Deputy City Attorney and Gene Watson, Chief of Police.
(
I
I
I
'.
FE P "1 ~1 "tD:?2
J,-",!;\ .,
.~ 'J
Page 6, Regular Session, February 10, 1992
RESOLUTIONS:
#92-015 - Approving closing of current contract with Tennis Professional and negotiation of a
new contract. At the January 27, 1992 City Council meeting, a proposal was made by the Parks
and Recreation Department and the Tennis Center Advisory Board that the contract be
terminated with Tennis Professional Richard Halpine. The Mayor appointed an ad hoc
committee consisting of Council Members Feaster, Shafer and Murray, and a number of the
facility users. The group met on February 1, 1992 and agreed the current contract contains
provisions unacceptable to both the City and Mr. Halpine. Motion by Kuzma, second by Shafer,
carried unanimously to approve the recommendation of the committee that the automatic renewal
provision of the existing contract with Tennis Professional Richard Halpine be voided by mutual
agreement of the City and Mr. Halpine and that a new contract be renegotiated.
#92-016 - Approving amendment to Personnel Rules pertaining to Residency. Motion was made
by Wit, second by Johnson, to approve the adoption of the modification of the Personnel Rules
pertaining to Residency Rules. John Hoffman, city employee who works at the Platte
Generating Station, expressed his desire that the residency requirement be abolished. He pointed
out the Platte Generating Station is not even in the city. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, and Kuzma voted aye. Feaster, Seifert, Sorensen and Shafer voted nay.
Motion carried. At this time, Mayor Dobesh stated that at the request of many citizens of Grand
Island, and in his personal judgment, it was his decision to veto any change of ordinance, code,
revision or amendment to the Personnel Rules pertaining to residency requirement. City
Attorney Keith Sinor explained that pursuant to the Grand Island City Code, when a measure
is adopted by the council and is vetoed by the mayor, that item automatically goes back to the
council in two weeks and is on that agenda. At that time, the council can override the veto with
two-thirds majority vote of the council.
#92-020 Approving Photogrammetic Mapping Program. The Public Works and Utilities
Departments have received a proposal from Aero-Metric Engineering, Inc. of Sheboygan,
Wisconsin to conduct an aerial photogrammetric mapping project for aerial photo mapping of
the entire city and Hall County. This project is to be conducted in conjunction with Hall County
who will also have a contract with Aero-Metric Engineering to do a similar project county-wide.
The City's share is $80,536 for the current fiscal year, and $90,490 for the fiscal year beginning
August 1, 1992. Motion by Seifert, second by Hutchinson, carried unanimously to authorize
the Mayor to sign the contract with Aero-Metric Engineering for City/County aerial Photo
Project for Phase I and Phase II.
At this time, Council Member Wit excused himself from the meeting.
#92-021 - Approving "Adopt-A-Road" Program. The Public Works Department has developed
a proposal that would establish this program. The idea for a local program originated with
Newell Elementary School which recommended the City allow non-profit groups to take
responsibility for litter collection along certain roads. Motion was made by Seifert and seconded
by Hutchinson to approve the "Adopt-A-Road" Program. Upon roll call vote, Hutchinson,
(
\.
I
I
I
I.
FE8 1 {) 1902
'i ;i C)
.~ ';:./ 'i :f
Page 7, Regular Meeting, February 10, 1992
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye; none voted
nay. Wit was absent. Motion carried.
#92-022 - Approving Loading Zone on Pine Street for Anderson Auto Parts. Due to the
construction of the new City Hall Building, the alley will be closed, and Anderson Auto Parts
has requested the use of two parking spaces. Motion was made by Shafer and seconded by
Kuzma to approve the request of Anderson Auto for two parking spaces south of the alley on
the east side of Pine Street for a loading zone. Upon roll call vote, Hutchinson, Murray,
Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye; none voted nay. Wit
was absent. Motion carried.
#92-023 - Authorizing execution of Community Development Block Grant Application under
Home Ownership Opportunity Program. Favorable citizens' comments were obtained regarding
housing needs at a public hearing held by Community Development. The Block Grant would be
used to provide down payment assistance to low/moderate income applicants for newly
constructed houses under the Home Ownership Opportunity Program. Motion was made by
Hutchinson, second by Murray, to authorize the Mayor to sign all documentation in support of
the grant application in the amount of $164,000. Upon roll call vote, Hutchinson, Murray,
Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Wit
was absent. Motion carried.
#92-024 - Authorizing Purchasing Division to advertise for bids for Ponderosa Lake Estates
Subdivision Sanitary Sewer and Water Project. At the June 24, 1991 City Council meeting,
action was taken to approve the request of James B. Baldwin to serve the Ponderosa Lakes
Estates Subdivision with sanitary sewer at an estimated cost of $300,000. The 1991-1992
Budget contains an appropriation for this in the Sewer Fund budget, as well as an appropriation
in the Water Fund budget for water system improvements. Motion was made by Murray,
second by Johnson, to authorize the Purchasing Division to advertise for bids for Ponderosa
Lake Estates Subdivision Sanitary Sewer and Water Project. Upon roll call vote, Hutchinson,
Murray, Johnson, Neal, Feaster, Shafer and Kuzma voted aye. Seifert and Sorensen voted nay.
Wit was absent. Motion carried.
#92-025 - Awarding bid for Water Main District 401 and Water Main District 402. The Utilities
Department received three bids, which ranged from $46,949.90 to $69,500, for this project
which provides for water system improvements in Gosda Subdivision. Motion was made by
Sorensen and seconded by Seifert to award the bid to Rutjens Construction in the amount of
$46,949.90 for construction of Water Main District 401 and Water Main District 402. Upon
roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kumza
voted aye; none voted nay. Wit was absent. Motion carried.
#92-026 - Approving Six-Year Street Improvement Program. This item relates to the
aforementioned public hearing. The plan addresses street and drainage improvements throughout
the City and is intended to prioritize needs and address federal and local funding availability.
(
I
I
I
\
F'.:.:5 ~~ S~ ~ ,.
,
~; ,;, ()
",. .,.1
Page 8, Regular Session, February 10, 1992
Motion by Sorensen, second by Hutchinson, was made to approve the Six-Year Street
Improvement Program. Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye; none voted nay. Wit was absent. Motion
carried.
#92-027 - Approving Subdivision Agreement and Final Plat for Colonial Estates Eighth
Subdivision. Johnson Cashway Lumber Company has submitted the final plat for this
subdivision which is a 3.4 acre tract of land located east of Kennedy Drive and provides for
eleven residential lots. Motion was made by Sorensen, second by Shafer, to approve the
Subdivision Agreement and Final Plat for Colonial Estates Eighth Subdivision. Upon roll call
vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye; none voted nay. Wit was absent. Motion carried.
#92-028 - Awarding contract for Municipal Cable Television System Feasibility Study. At the
January 27, 1992 City Council meeting, presentations for a feasibility study on a municipally
owned cable system were made by three consulting firms. Motion was made by Johnson to
delay selecting a consulting firm to conduct a municipal cable television system feasibility study
until it can be further studied at a study session or at the retreat. Motion died for lack of a
second.
Council member Wit returned to the meeting at this time.
Motion was made by Wit, second by Seifert, to hire Excel Corporation to build a Municipal
Cable System for the City of Grand Island. Council Member Murray stated he felt a Feasibility
Study should be made first. Council Member Wit modified his motion to hire Excel Corporation
to do a Feasibility Study and in retrospect upon approval of that Feasibility Study, that Excel
Corporation be hired to build the municipal cable television system. It was seconded by Seifert.
City Attorney Keith Sinor explained that any capital improvement would be required to be let
on bid to the lowest responsible bidder and a contract that ties the construction to the Feasibility
Study would not be legal. Council Member Wit further amended his motion to hire Excel
Corporation to do a Feasibility Study for the City of Grand Island to see whether it is
appropriate to operate a municipally owned cable television system. Seifert seconded the
motion. Upon roll call vote, Hutchinson, Wit, Feaster, Seifert, Sorensen and Kuzma voted aye;
Murray, Johnson and Neal voted nay. Shafer abstained. Motion carried.
Council Member Johnson requested that a full copy of the responses on the survey taken on the
three consulting firms be furnished.
#92-029 - Approving Cable Television Franchise Agreement. This matter relates to the
aforementioned public hearing. Lisa Thayer, Deputy City Attorney, relayed that Mr. John
Wagoner had requested that approval be delayed until March 24, 1992 to allow more time for
public comment. Motion was made by Kuzma, second by Hutchinson, to approve the Cable
Television Franchise Agreement with TCI Cablevision without delay. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Shafer and Kuzma voted aye; Seifert and
(
I
I
-
I!""'''' .. '" "".fl)
~; X~ 1;'; .;.~ tV : u.~.';!.
'JD J
Page 9, Regular Session, February 10, 1992
Sorensen voted nay. Motion carried.
#92-030 - Awarding Bid for Technical Services during Overhaul of Unit #1 Turbine Generator
at Burdick Station Power Plant. One proposal was received for engineering services during the
overhaul of a turbine generator at the Burdick Station Power Plant. Motion by Seifert, second
by Wit, carried unanimously to award the bid to Allis Chalmers for technical services during
overhaul of Unit #1 Turbine Generator at Burdick Power Plant.
#92-031 - Opposing Legislative Bill 913 to repeal City Sales Tax. State Senators Haberman,
Hefner, Elmer, Peterson and Rodgers have submitted a legislative bill which, if approved, would
eliminate the provision for the local option sales tax. Motion by Seifert, second by Shafer,
carried unanimously to oppose Legislative Bill 913 which repeal the city sales tax.
#92-032 - Approving Loading Zone at 1021 North Elm Street for Heather Gutierrez. Ms.
Heather Gutierrez was present and requested a loading/unloading zone in front of her residence
where she operates a child care center. Motion by Seifert, second by Shafer, carried
unanimously to deny the request of Heather Gutierrez for a loading/unloading zone at 1021
North Elm Street.
A five-minute recess was taken at this time.
ORDINANCES:
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that the ordinances numbered:
#7785
#7786
#7787
To create Water Main District 406
To create Street Improvement District 1178
To change Land Use Designation of property located between George
Park and Westridge School
To change Land Use Designation of property located on the north side of
Capital A venue and east of St. Patrick Avenue.
#7788
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Council Member Kuzma seconded the motion.
After inviting questions or comments, there being one, the Mayor called for a roll call vote on
the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7785, #7786, #7787 and #7788 on their first reading. All those in favor
(
I
I
-
;rt..8 g \~ '12~?l
;1 n "
: ,: :,/ ~ Y
Page 10, Regular Session, February 10, 1992
of passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7785, #7786, #7787 and #7788 on their second reading. All those in favor
of passage of said ordinances on their final passage, answer roll call. On roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye. None voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7785, #7786, #7787 and #7788 are declared to be lawfully passed and adopted upon
publication as required by law.
PAYMENT OF CLAIMS:
Motion was made by Seifert, second by Shafer, to pay the claims of February 10, 1992 in the
amount of $1,374,444.24. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer and Kuzma voted aye; Hutchinson voted nay. Motion carried.
At this time, a study session was held in the Committee Room to review the new City Hall
Project Design and Drawings. Representatives of the Leo Daly Company were present. Motion
was made by Wit, second by Shafer, to move forward with the original concept design. Upon
roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Seifert, Shafer and Kuzma voted aye;
Johnson voted nay and Sorensen abstained. Motion carried.
City Administrator Zachary Zoul reported that he had met last week with the Federal Emergency
Management Agency regarding the status of the grant application for funds which would allow
for the construction of a full basement to accommodate a Survival Crisis Management Center
and Emergency Operation Center. Motion was made by Johnson, second by Hutchinson, that
an alternate bid be authorized for a full basement. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye; Sorensen voted nay.
Council Member Johnson offered to donate his services to install a sculptured mural on the wall
behind the council table in the council chambers.
Meeting was adjourned at 10: 10 p.m
~J1JUJW~. ~~
~S~t~~ F. Czaplewski
City Clerk
I
I
I
~ (\ "'....1
U;
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
February 24, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on February 24, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on February 21, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Muritta Czaplewski, City Attorney Keith Sinor, Public
Works Director Wayne Bennett and Lisa Thayer, Deputy City Attorney.
Pledge of Allegiance was said followed by the Invocation given by Reverend David Harris,
AIda United Methodist Church.
Approval of Minutes: Motion by Sorensen, second by Kuzma, carried unanimously to approve
the minutes of February 10, 1992 Regular City Council Meeting.
Public Participation: Gene McCormick, 707 South Pleasant View Drive, indicated he felt there
is misunderstanding and misinformation given out about the "Roles of the Mayor, the City
Council and the Bureaucracy of the City of Grand Island." He furnished a copy of his letter to
the mayor expressing his views regarding this matter and asked that copies be distributed.
Dan Steele, 1505 West Koenig, representing the Third City Baseball Board of Directors,
requested approval of placement of lights at the Athletic Field at the corner of Ashton and Oak
Streets (across the street east of Pier Park Pool). The Claussen Trust has agreed to fund the
estimated $14,909 cost of the lighting equipment. This request for the placement of lights will
be placed on the Special City Council agenda on March 2, 1992 and a public notice will be
placed in the Grand Island Independent of City Council's intent to act on this matter.
George Solt, 3523 East Seedling Mile, spoke in opposition to increasing city employees' salaries
while people in the private sector faced uncertain employment.
DISCUSSION AND INFORMATION ITEMS:
Presentation and Discussion on City Services and Staffing Report. City Administrator Zachary
Zoul presented an illustration of the level of city services which have been provided over the last
ten years. He reiterated that the demands for services have greatly increased, whereas the
resources have not, and that city employees need to be recognized for their commitment in
providing a continued high level of service.
(
I
I
',<:'
I
\
( n "
~} ~j~
Page 2, Regular Meeting, February 24, 1992
Presentation by Fiscal Advisor Bill Beavers and Discussion on refinancing of Electric Utility
Debt. Bill Beavers of Shearson Lehman Brothers explained the proposed procedures for
restructuring the electric utility debt service and indicated that the finalization process would take
four to eight weeks. The current debt service for the 1977 and 1979 bond issues is $5.9 millon
a year. Under these payment rates, these bonds would be paid off in 2013 and 2015,
respectively. With the restructuring, the debt service would be reduced to $5.4 million annually
and would be retired by 2004.
REOUESTS AND REFERRALS:
Request of Central Catholic High School to operate Concession Stand at Tennis Center. The
Government Class of Central Catholic High School has submitted a request with the Parks and
Recreation Department to operate a concession stand at the Tennis Center during two
tournaments, one in March and one in July as a fund raising event. Motion by Sorensen, second
by Seifert, carried unanimously to approve the request of Central Catholic High School to
operate a Concession Stand at the Tennis Center during two tournaments.
Appointments by Mayor: Motion by Sorensen, second by Shafer, carried unanimously to
approve the following appointments by Mayor Dobesh: Electrical Board - Randy Herrold, Steve
Govier, Randy Leiser, Jim Price, Craig A. Lewis and Dean Mathis. Gas Fitters and Appliance
Installers Board - Larry Callahan, Tom Harrahill, Jay Determan, Craig A. Lewis and David
Scoggins. Plumbers Examining Board - Terry Kelly, Clark Kalkowski, Gene Rallens, David
Larson, Craig A. Lewis and David Scoggins.
Gene McCormick at this time reiterated it is his belief that it is the duty of the mayor to appoint
a Finance Committee and stated he made reference to this matter in the letter he had given to
the mayor.
Receipt of Board and Commission Minutes: Motion by Kuzma, second by Murray, carried
unanimously to receive the minutes of the following meetings: January 28, 1991, Downtown
Improvement Board; February 5, 1992, Regional Planning Commission; February 5, 1992,
Community Development Advisory Committee and February 11, 1992, Communications-Civil
Defense Committee.
Discussion was held on the Downtown Improvement Board Minutes which made reference to
the 3/4 block of the new City Hall site and the fact that the Downtown Parking District, from
1975-1984, made the city bond payments which purchased this property. Reference was also
made that with the construction of the new City Hall on this location, the Downtown
Improvement Board felt there is a need to determine a fair settlement by which the City will
reimburse, or make compensation, to the Parking District for this investment. Council Member
Feaster requested this matter be placed on a future Study Session agenda for further study.
/
(
I
I
I
\
,,-; ri ~.~
'... \... tJ
Page 3, Regular Session, February 24, 1992
Request for traffic control modification at intersection of Stuhr Road and Bismark Road. The
City Council, at the January 13, 1992 City Council meeting, modified traffic control at the
intersection of Stuhr Road and Bismark Road by changing from a "four-way stop" to a "two-way
stop." A request was received from Dan and Carol Govier, Randy and Kathy Bonhart and Tom
Stepp for traffic signs to be erected at this location. Dan Govier, as well as Tom Stepp, were
present and expressed their concern for safety and asked that an updated traffic study be made.
Motion by Hutchinson, second Kuzma, carried unanimously to refer this matter to the Public
Works Department and to have a traffic study made of this intersection by the Nebraska
Department of Roads.
Request of KSYZ 108FM. to hold Fireworks Display on July 4. 1992 at Fonner Park. This
activity is to take place at the east side of Fonner Park. Motion by Seifert, second by Shafer,
carried unanimously to approve the request of Jay Vavricek, representing KSYZ 108FM, to hold
a Fireworks Display on July 4, 1992 at 10:00 p.m. at Fonner Park.
Request of Opal Bieber for rehabilitation of property at 721 east Eighth Street under Community
Development Housing Program. Opal Bieber, owner of the property at 721 East Eighth Street,
was selected for funding at the February 5, 1992 Community Development Advisory Committee
meeting. Repairs to the house include garage siding, driveway, wiring, plumbing and floor
coverings. Motion by Feaster, second by Seifert, carried unanimously to approve the application
of Opal Bieber for rehabilitation of property at 721 East Eighth Street, under Community
Development Housing Program, in the amount of $9,500.
RESOLUTIONS:
#92-016 - Approving amendment to Personnel Rules pertaining to Residency. (Return of item
vetoed by Mayor at February 10. 1992 Council Meeting). At the February 10, 1992 City
Council meeting, the Mayor vetoed Resolution #016 which applied the residency requirement
to only Police, Fire, and Department Director personnel. In accordance with the procedure
governing a veto of a City Council action, the vetoed resolution was returned to the agenda.
Motion was made by Hutchinson, second by Wit, to amend the Personnel Rules pertaining to
Residency as per Resolution #016 whereby the residency requirement applies to only Police,
Fire, and Department Director Personnel. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Shafer and Kuzma voted aye. Feaster, Seifert and Sorensen voted nay. Motion
carried and this action thereby overrides the mayor's veto.
#92-034 - Approving Plans and Specifications for City Hall Project. Tom Findley and Mark
Chalkley of Leo Daly Company were present to ask the Council for approval of the final design
and bid specifications for the new City Hall. Mr. Findley explained that with this approval,
the contract could be awarded at the March 30, 1992 meeting and construction could then began
the second week of April with a completion date of April 30, 1993. Motion was made by
Kuzma, second by Wit, to approve the plans and specifications for the new City Hall Project.
I
I
I
;1 0, .t
..", j "".
Page 4, Regular Session, February 24, 1992
Upon roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Shafer and Kuzma voted aye.
Johnson, Seifert and Sorensen voted nay. Motion carried.
#92-035 - Approving Statement of Hardship relative to 1990 Personal Property Tax Refund for
1990. In a Nebraska Supreme Court ruling of March 1, 1991, relative to the constitutionality
of the personal property tax structure, counties were directed to provide for refunds in the
personal property taxes assessed to and paid by private utilities and railroads. Hall County has
acted to comply with the mandate. This will require the City to refund its share with respect
to all levies, which for 1990 amounts to $41,166.10. Local governments have up to two years
to refund the monies. Motion by Seifert, second by Kuzma, carried unanimously to adopt
resolution #92-035 approving statement of hardship relative to 1990 personal property tax refund
for 1990. This resolution was adopted last year and must be adopted annually.
#92-036 - Approving meeting date for Board of Equalization to consider 1991 Weed Abatement
Assessments. Motion by Johnson, second by Neal, carried unanimously to establish the date of
March 23, 1992 at 7: 00 p. m., as the meeting date for the Board of Equalization to consider the
1991 Weed Abatement Assessments. Council Member Johnson made reference to a lot at 1203
East Eighth Street in regard to tree limbs on the property and asked Community Development
Director Jerenne Garroutte to check it out.
#92-037 - A warding bid for Circuit Shield Distribution Protection Units for Electric Utility
Substations. Bids have been received for the purchase of five circuit protection units for use in
Substation "C" located on Airport Road. Two bids were received ranging from $19,112.86 to
$21,124.74. Motion by Sorensen, second by Seifert, carried unanimously to award the bid to
Dutton Lainson in the amount of $19,112.86 for Circuit Shield Distribution Protection Units for
Electric Utility Substations.
#92-038 - A warding bid for generator retaining ring removal at Burdick Station. Bids have been
received for the removal of generator retaining rings on Unit one Turbine Generator located at
Burdick Station. One bid was received. Motion by Seifert, second by Feaster, carried
unanimously to award the bid to A-C Equipment Services of West Allis, Wisconsin in the
amount of $36,280 for generator retaining ring removal at Burdick Station.
#92-039 - A warding bid for metering current transformer device at Burdick Station and Platte
Generating Station. Bids have been received for a current transformer metering device for
generators located at the Platte Generating Station and the Burdick Station. Four bids were
received ranging from $82,228.14 to $105,417.00. Motion by Kuzma, second by Feaster,
carried unanimously to award the bid to Kriz Davis in the amount of $82,228.14 for metering
current transformer device at Burdick Station and Platte Generating Station.
#92-040 - A warding bid to Diamond Engineering Company for construction of Water Main
Project 92-W-1, Bids have been received for this project which provides for water system
(
I
I
I
f n ')
u ~)
Page 5, Regular Session, February 24, 1992
improvements in Koenig Street area on the east side of the City. Two bids have been received
ranging from $234,628.15 to $282,000.00. Motion by Seifert, second by Kuzma, carried
unanimously to award the bid to Diamond Engineering Company in the amount of $234,628.15
for construction of Water Main Project 92-W-1.
#92-041 - Approving Ouit Claim Deed for Aquatics Facility Site. In August 1991, the Hall
County Livestock Improvement Association offered to donate 14 acres of land at the northwest
comer of the Fonner Park grounds to the City as the site for the new aquatics facility. The City
will assume title by transference of a Quit Claim Deed. The terms of the agreement provide that
the real estate shall be used by the City for the propose of building, maintaining and operating
a swimming pool and water park for the use of the general public. Motion by Wit, second by
Seifert, carried unanimously to adopt Resolution #041 authorizing acceptance of the Quit Claim
Deed for Aquatics Facility Site.
#92-042 - Authorizing Renewal of Agricultural Leases for land assigned to Utilities Department.
Various parcels of city-owned property, under the jurisdiction of the Utilities Department, are
leased for agricultural uses. The leases were entered into in February 1991. Motion by Shafer,
second by Murray, carried unanimously to renew the agricultural leases with Jack Webb,
Charles McDonald, Kenneth Claussen and Larry Knuth for land assigned to the Utilities
Department.
Council Member Neal requested that a study be made of the cost of providing utilities out to the
Platte Valley Industrial Park.
#92-043 - Adopting Phase II of Personnel Compensation and Classification Plan. The City
Council approved Phase I of the plan relating to personnel classification on December 9, 1991
when it approved Classification Concepts, Point Factor Job Evaluations, and Classification
Specifications. Phase II is entitled "Final Compensation Report" and contains salary
recommendations and addresses implementation. Consultant Donna Starling of the firm Ralph
Anderson and Associates was present to explain the available procedures for implementation
and recommended that employees be placed in the range step closest to their current salary.
Motion was made by Kuzma, second by Wit, to approve paragraphs one and three of Resolution
#92-043, which is the adoption of Phase II of the Personnel Compensation and Classification
Plan; to delete paragraphs two and four regarding the implementation and after further study to
come back to council with an implementation plan. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, and Kuzma voted aye. Seifert, Sorensen and Shafer voted nay.
#92-044 - Authorizing execution of Consulting Agreement with Excel Communications Group.
Inc. for Municipal Cable Television System Feasibility Study. The City Council took action at
the February 10, 1992 City Council meeting to proceed with a feasibility study on a Municipal
Cable Television System. They selected the firm of Excel Communications, Inc. of San
Antonio, Texas to perform the study. Motion by Seifert, second by Neal, was made to authorize
execution of Consulting Agreement with Excel Communications Group, Inc. in the amount of
I
I
I
1 (1. ~)
\/ (",,I
(
Page 6, Regular Session, February 24, 1992
$23,000.00 and expenses not to exceed $7,250.00, for a Municipal Cable Television System
Feasibility Study. Upon roll call vote, Hutchinson, Murray, Neal, Feaster, Seifert, Sorensen
and Kuzma voted aye. Johnson and Shafer voted nay. Wit abstained. Motion carried.
#92-045 - Approving support of the Resource Conservation and Development Program.
Mr. Harold Rosenkotter and Mr. Jim Erickson, representing the U. S. Soil Conservation Service
made a presentation on the U.S. Soil Conservation Service's Rural Resources Conservation and
Development Program. The program will seek to facilitate employment and economic
opportunities for people of the Platte Valley area. If the federal funding is approved, the
will be initiated in December 1992 and will be administered by the U.S. Soil Conservation
Service. The council support was requested. Motion by Sorensen, second by Seifert, carried
unanimously to approve support of the Resource Conservation and Development Program.
#92-046 - Awarding bid for Chain Link Fence and Gate for Police Impound Yard. The Police
Department is relocating its vehicle impound yard to a one-half acre site of city-owned land on
Stuhr Road across from the Monfort Plant. The new site will allow for over 100 vehicles to be
stored. In order to provide adequate security, the Impound Yard must be fenced with a six-foot
fence with barbed wire at the top. Four bids were received ranging from $8,430 to $9,755.
Motion was made by Kuzma, second by Murray, to approve awarding bid for chain link fence
and gate for the police impound yard to American Fence Company in the amount of $8,430.
Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Shafer and Kuzma voted aye. Feaster,
Seifert and Sorensen voted nay. Wit abstained. Motion carried.
#92-047 - Approving Detour and Drainage Maintenance Agreement with Nebraska Department
of Roads. The Nebraska Department of Roads will be closing the intersection of Highway 281
and Airport Road for about two months during the summer of 1993. This is to allow for the
reconstruction of the intersection and construction of a four-lane highway north to the Chapman
Road. The Department of Roads has asked the City to allow for a detour of traffic south of the
intersection along old Highway 281 (Broadwell A venue) and then west along Old Highway 2 (to
the intersection of new Highway 2 and Highway 281). Motion by Sorensen, second by Johnson,
carried unanimously to approve a detour and drainage maintenance agreement with the Nebraska
Department of Roads.
ORDINANCES:
Council Member Murray made a motion, seconded by Wit, to substitute Ordinance #7790 with
an amended version wherein the annual compensation commencing at the first regular council
meeting in December 1992 for city council members shall be increased to $4,000 per year; shall
be increased to $5,000 per year for council members commencing at the first regular council
meeting in December 1994 and shall be increased to $12,000 for the mayor commencing at the
first regular council meeting in December 1994.
I
I
I
"f (\ ~
. (J 1.
Page 7, Regular Session, Pebruary 24, 1992
Council Member Sorensen made a motion to authorize the police chief to hire extra personnel
at time and a half on weekends. Police Chief Watson explained this provision is already in place
and that it does not require approval of the council. Motion died because there was no second.
Councilman Sorensen also expressed his concern about the writings on buildings and asked if
this was covered by an ordinance. Police Chief Eugene Watson indicated this was covered by
state statute under criminal mischief.
Upon roll call vote of the above mentioned motion by Council Member Murray, Hutchinson,
Wit, Murray, Neal, Feaster, Seifert and Kuzma voted aye. Sorensen and Shafer voted nay.
Johnson abstained. Motion carried
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that the ordinances numbered:
#7789
#7790
To create Water Main Connection District #407T in Stauss Road
To establish Compensation for Council Members and Mayor
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to call out the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Council Member Kuzma seconded the motion.
After inviting questions or comments, there being none, the Mayor called for a roll call vote on
the motion. Wit, Johnson, Murray, Neal, Feaster, Shafer and Kuzma voted aye. Hutchinson,
Seifert and Sorenson voted nay. Motion failed.
Motion was made by Neal, second by Wit, to pass Ordinance #7789, on its first reading. Upon
roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Seifert, and Kuzma voted aye. Sorensen
and Shafer voted nay. Johnson abstained. Motion carried. Council Member Johnson requested
it be noted that he raised a concern related to the water utilities being able to recoup their
monies expended on tap districts. Council Member Murray suggested this matter be brought
up at a study session.
Motion was made by Murray to adopt substitute Ordinance #7790 on its first reading. Upon
roll call vote, Hutchinson, Murray, Neal, Feaster, Seifert, Shafer and Kuzma voted aye.
Johnson voted nay and Wit abstained. Motion carried.
PAYMENT OF CLAIMS:
Council Member Neal abstained on voting on claim #21135 to Alice Neal for expenses of
$137.87. Motion was made by Wit, second by Murray, to pay the claims of February 24,1992
I
I
I
.~ ') 11
"'.("U
Page 8, Regular Meeting, February 24, 1992
in the amount of $749,388.41. Upon roll call vote, Wit Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye; Hutchinson voted nay. Motion carried.
ADJOURNMENT
Meeting was adjourned at 10: 10 p.m.
~ -i,~~
Muntta F. Czaplewski
City Clerk
I
I
I
~1 ~) _ It1
~,L r..'
(
\
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
March 2, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, March 2, 1992. Notice
of this meeting was given in the Grand Island Independent on February 28, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:07 p.m. immediately
following the Special City Council Meeting. The following members were present: Mayor
Dobesh, Council members Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
and Kuzma. Shafer was absent. The following officials were present: City Administrator
Zachary Zoul, City Clerk Muritta Czaplewski, City Attorney Keith Sinor, and Public Works
Director Wayne Bennett.
Grand Isle Heritage Zoo Request. At the January 6, 1992 Council Meeting, the request of the
Grand Island Zoological Society for a permanent operation subsidy from the City of $100,000
per year was discussed. It was the consensus that more study time was needed. Mayor Dobesh
appointed Councilmembers Kuzma, Feaster and Sorensen to the Joint City/Zoological Society
Committee at the January 20, 1992 council meeting. Committee meetings were held and since
they were unfruitful, Mayor Dobesh dissolved this committee effective February 27, 1992.
Speaking on behalf of the Grand Isle Heritage Zoo were Alicia Haussler, Board President; Dan
Fogland, Past Board President; Nadine Mathews, Board Member and Gail Foreman, Zoo
Director. They again reiterated the need for a solution to the financial problems the Zoo is
experiencing and requested the City Council's assistance in resolving these problems. Mr.
Fogland indicated that without assistance, this will be the last year the Grand Island Zoological
Society will operate the zoo. Mrs. Haussler pointed out that the request for the $100,000 was
withdrawn and different proposals were presented to the committee.
Marie Black, 2105 Sherwood Road, spoke in support of the Zoo. Pat Rerucha, 808 East Eighth
Street, spoke against financial support; Warren Matthews, 282 South Kimball, furnished a copy
of a resolution, passed by the City Council, on May 6, 1985, whereby the Zoological Society
was granted a lease to construct and operate a zoological garden, and that the city staff and
department heads were thereby given permission to use their personnel and equipment to assist
the Grand Island Zoological Society. He felt the present council should follow the directions
of their predecessors.
Discussion was held about placing this issue on the May primary ballot which must be filed by
March 23. Council Member Kuzma requested that a new zoo committee be formed and this be
an agenda item at the next council meeting. She volunteered to serve on this committee as well
Council Members Murray and Johnson.
I
I
I
" l'
. ...J
Page 2, Study Session, March 2, 1992
City Administrator Zachary Zoul explained the primary issue is whether the City should fund
the Zoo and that this decision needs to be made by the council as a whole. If the decision is in
the affirmative, the next decision would be how much funding should be provided.
This item was referred to the next regular City Council meeting.
A five-minute recess was taken at this time.
Presentation on 1990-91 Finance Audit. Mark Nelson of Peat Marwick presented the 1990-91
Audit Report for all funds. He reviewed two documents furnished by his company, namely, the
"Letter to Management on Internal Controls" and the "Auditor's Report on the General Purpose
Financial Statement of the City." He pointed out that with the implementation of a new data
processing system, and the hiring of a new person have helped to make major changes to
increase the efficiencies within the finance department.
During Mr. Nelson's presentation, Gene McCormick, 707 South Pleasant View Drive, referred
to the "Letter to Management on Internal Controls, of which he had a copy even though it was
marked "Confidential." News Reporter Mr. Jim Titsworth questioned why he was not furnished
a copy. Council Member Hutchinson wanted it noted that he gave his copy to Mr. Titsworth.
McCormick also asked for the Question of Privilege and referred to the city attorney's
explanation of a resolution being the same as an ordinance and to the residency requirement.
The mayor had the city attorney explain when the Question of Privilege can be used.
Building Demolition Procedures and New Building Maintenance Fund. These two items were
removed from the agenda.
Burlington Northern Grade Separation Project. Director of Public Works Director Wayne
Bennett gave an update on the Burlington Northern Overhead Rail project which will provide
an ov~rhead rail and grade separation on Capital A venue, Tenth and Fourth Streets, Highway
30,
Seventh Street and Pedestrian Underpass at Knichrehm School. He indicated that Tom Jarnigan,
General Manager of Burlington Northern, will be present at the March 23, 1992 council meeting
to address the council.
City Code Revisions. City Administrator Zachary Zoul explained that there was interest
expressed at the Council Retreat in revising Section 2-11 of the City Code which relates to
Standing Committees and Section 2-12 which refers to the Executive Committee. He pointed
out that there were some deficiencies in the City Code which were inconsistent with statutory
provisions and that these were addressed in some language changes. City Attorney Keith Sinor
reviewed the proposed changes.
Louie Knopik, 411 Kay Avenue, of the audience expressed his concern about the application of
Mr. Thomas Baxter to rezone_ a 50.4 acre tract of land between George Park and Westridge
School from "TA" (Transitional Agriculture Zone) to "R2) (Low Density Residential Zone).
(
I
I
I
,_~J 0
Page 3, Study Session, March 2, 1992
A public hearing was held at the City Council Meeting of February 10, 1992 and Ordinance
#7787 was adopted to change this specific land use. There was no opposition voiced at the
public hearing. Mr. Knopik's concern was about the lot size and asked the city council to
reconsider this issue. City Attorney Keith Sinor reminded that those half acres were created
specifically because they were outside the city, and needed to be this size to be able to provide
septic tanks. With the development and annexation of that area, and the installation of sanitary
sewer mains, they will have the same density requirements as the general city. Half acre lots
are not required by the general city. Marie Black, 2105 Sherwood Road, also addressed the
council with her concerns and felt the size of lots proposed is not conducive to the area. She
wondered what input was received from the residents of the area and felt there could be a
problem of an overbuild. She also felt it will put a demand on the schools with approximately
550 children that will come into that area.
Council Member Johnson requested that Regional Planning Director Nelson Helm, along with
the consultants of BRW, to provide a response on this matter and to forward it to the residents
of this subdivision.
Mr. Sinor pointed out that there is some misunderstanding and that the only thing the council
has done is approved the rezoning and that the proposed development plan is not a requirement
of the rezoning. He explained the subivision of the land and lots has not been given to council
yet.
John Wagoner, 1710 South Harrison Street, voiced his opinion about the proposed City Code
changes and suggested several changes regarding the revision of the city ordinances.
Meeting was adjourned at 10: 10 p.m.
~J.~~
M~tta F. Czaplewski
City Clerk
I
I
-
::
1 (') q.
..'. 1(/
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
March 2, 1992
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on March 2, 1992. Notice
of this meeting was given in the Grand Island Independent on February 28, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, and Kuzma. Shafer was absent. The following officials were
present: City Clerk, Muritta Czaplewski, City Attorney Keith Sinor, and Public Works Director
Wayne Bennett.
Request of Third City Baseball to light Ashton Street Baseball Field. Mr. Dan Steele,
representing the Third City Baseball Board of Directors, was present at the February 24, 1992
City Council Meeting. He requested approval for placement of lights at the Athletic Field at the
corner of Ashton and Oak Streets. The Claussen Trust has agreed to fund the estimated $14,909
cost of the lighting equipment. A public notice was placed in the Grand Island Independent on
February 28, 1992 of City Council's intent to act on this matter at this special meeting. There
was no one present in opposition. Motion by Sorensen, second by Wit, carried unanimously to
approve the request of Third City Baseball for placement of lights at the Athletic Field at the
corner of Ashton and Oak Streets.
Contract for Aerial Photographic Mapping Program. By resolution #92-020 dated February 10,
1992, the City Council accepted the proposal of Aero-Metric Engineering, Inc., of Sheboygan,
Wisconsin for a joint Hall County-City project for Phases I and II of a photogrammetric mapping
program. Motion by Seifert, second by Wit, carried unanimously to approve execution of the
contract with Aero-Metric Engineering, Inc. of Sheboygan, Wisconsin, on behalf of the City,
for the photogrammetric mapping program which is to be a joint project with Hall County.
Ordinances:
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinance numbered:
#7789 - To create Water Main Connection District #407T in Stauss Road
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its second reading, and then upon its final passage, and call for a roll call vote on second reading
and final passage. Council Member Neal seconded the motion.
I
I
I
'~
Page 2, Regular Minutes, March 2, 1992
After inviting questions or comments, there being none, the Mayor called for a roll call vote on
the motion. Hutchinson, Wit, Johnson, Murray, Neal, Feaster, Seifert, Sorensen and Kuzma
voted aye. None voted nay. Motion carried.
Clerk: Ordinance #7789, on its second reading. All those in favor of passage of said ordinance
on its second reading, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Neal,
Feaster, Seifert, Sorensen and Kuzma voted aye. Johnson abstained. None voted nay. Motion
carried.
Clerk: Ordinance #7789, on its final passage. All those in favor of passage of said ordinance
on its final reading, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Neal,
Feaster, Seifert, Sorensen and Kuzma voted aye. Johnson abstained. None voted nay. Motion
carried .
By reason of the roll call votes on the second and final passage of said ordinance, Ordinance
#7789 is declared to be lawfully passed and adopted upon publication as required by law.
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that the ordinance numbered:
#7790
To establish Compensation for Council Members and Mayor
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its second reading, and then upon its final passage, and call for a roll call vote on each reading
and final passage. Council Member Wit seconded the motion. Council Member Johnson wanted
it noted that he would vote in the affirmative on this motion but that he would vote negative on
the motion to pass Ordinance #7790
After inviting questions or comments, there being none, the Mayor called for roll call vote on
the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, and Kuzma voted aye. Seifert
and Sorensen voted nay. None voted nay. Motion failed.
Clerk: Ordinance #7790, which was read by title by City Clerk, on its second reading. All
those in favor of passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Neal,
Feaster and Kuzma voted aye. Johnson, Seifert and Sorensen voted nay. Motion carried.
Meeting was adjourned at 7:06 p.m.
Muritta F. Czaplewski
City Clerk
1
I
I)
/
! t
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
March 9, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on March 9, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on March 6, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. Tbe following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Seifert, SoreIlsen, Shafer and Kuzma. The following officials were
present: City Administrator Zachary Zoul, Deputy City Clerk Jerenne Garroutte, City
Attorney Keith Sinor and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Revered Del Roper,
Trinity United Methodist Church.
Approval of Minutes: Motion by Sorensen, second by Murray, carried unanimously to
approve the minutes of February 24, 1992 Regular City Council Meeting, March 2, 1992
Special Council Meeting and March 2, 1992 Study Session.
REQUESTS AND REFERRALS
Reconsideration of the Land Use Change for property located between George Park and
Westridge School from North Road to Independence Avenue. Area residents who spoke
in opposition to the R2 zoning were: Bob Hayes, 4311 Lariat Lane, Steve Stauffer, 2208
Viking Road, Lois Lubbers, 4239 Norseman Avenue, Marie Black, 2105 Sherwood Road,
Don Anderson, 2126 Viking Place, Ed Briseno, 4013 Zola Lane, Don Black, 2105
Sherwood Road and Doug O'Brien, 4245 Norseman Avenu~. Attorney William Francis,
representing developers Reed and Reed said the developers had a contractual agreement
to purchase the 55 acres from the owner, Tom Baxter, based on the council's R2 zoning.
City Attorney Sinor cautioned the council it could be financially responsible for money lost
to the developer because of the change in zoning. After a lengthy discussion a motion was
made by Seifert and second by Sorensen to forward the request to change the zoning from
R2 to R1 back to the Planning Commission. Motion carried with Hutchinson, Wit, Murray,
Feaster, Seifert, Sorensen, Shafer and Kuzma voting aye. Councilmembers Johnson and
Neal voting nay.
Following a 10 minute recess, the council reconvened at 8:45 p.m.
Approving Preliminary Study of Jeffrey Oaks Subdivision. Motion by Seifert to table the
preliminary plat. Second by Sorensen. Motion carried unanimously.
Page 2, Regular Meeting, March 9, 1992
1 RESOLUTIONS
#92-063 - Approving sale of Surplus Real Estate. After a brief discussion, Lot 2~ Sunset
Eighth Subdivision was removed from the city-owned surplus real estate inventory.
Disposition of this parcel will be discussed at a later date. Motion by Sorensen, second by
Murray, carried unanimously to approve the sale of the remaining city owned surplus real
estate. Councilman Shafer inquired about the status of the Castle Estate lots. City
Attorney Sinor stated the City has legal title to these lots but that equitable title is held by
the bond holder and they are in the process of trying to put together a proposal offering
these lots for sale. These lots need to be sold by approval of the trustee. The proposal will
come back to City Council for review and final approval.
;
REQUESTS AND REFERRALS
I
Mayor Dobesh stated a new proposal has been received from the Zoo with a request for
$36,100. The Mayor suggested four alternatives; approve the request, deny the request,
place the matter on public ballot, or form a new committee. Alicia Hapssler, 2021 Faidley
Avenue, President of the Zoo, stated she would like to see a new committee formed to
discuss all the options the zoo has proposed and also look at any options the City may
come up with. Attorney John Wagoner spoke in opposition to the Zoological Society's
proposal that would include placing the Zoo under the umbrella of the Parks and
Recreation Department with a license agreement for operation of the zoo drawn up
between the Zoological Society and the City of Grand Island. The proposal indicated the
city provide an operating budget from taxes and the zoo provide a separate budget from
zoo revenue. Mr. Wagoner cautioned such an agreement would open a Pandora's box to
other financially troubled agencies and that he foresaw large problems in trying to entwine
the zoo with the City of Grand Island. Dr. Foreman stated the proposal presented to the
City is one that works very well in Nebraska and is currently in use at the Scottsbluff Zoo.
Mike McCann, 4107 Mason Avenue, feels the zoo is very important to children and would
like to see someone come up with a workable solution for the zoo.
Councilmember Shafer asked Dr. Foreman how she felt about putting this item on the
ballot. She said the zoo did not have the money to campaign and would like to see it
worked out a different way if possible. Councilmember Shafer said we continually talk
about the lack of family oriented activities in the city and irregardless of what has happened
in the past at the zoo, "l think its a very important part of our community and I would like
to go on record that I support it and I would support it by voting for adding tax dollars to
it".
I;
Motion by Murray, second by Kuzma, that the Mayor be directed to appoint a committee
to meet with representatives of the zoological society to discuss financing options and
report back to the Council. Councilman Johnson made a friendly amendment to have the
t
I
I
I)
Page 3, Regular Meeting, March 9, 1992
committee look at language for the ballot. The Mayor selected Murray, Sorensen and
Seifert for the Committee.
Kuzma asked City Attorney Sinor if the Council has the authority to appoint committees?
Attorney Sinor responded "The council can establish committees, can establish membership
of the committees in the process of making that committee, tbe council does not have the
authority to appoint committees as such, but it can create its own committees and can
establish membership on that committee". At this time Kuzma moved to appoint Glen,
Larry and Steve to the zoo committee. As there was a motion on the floor, Councilman
Murray accepted Kuzma's motion as a friendly amendment. Motion carried with
Hutchinson, Wit, Murray, Johnson, Neal, Seifert, Shafer and Kuzma voting aye. Feaster
and Sorensen voted nay.
Mayor Dobesh asked City Attorney Sinor if this was correct. Attorney Sinor replied that
the motion that was made, was a motion to direct that the Mayor appoint certain people
and that portion of the motion is improper. The Mayor has the ability to use his veto
power if he feels the proposed action of the City Council is improper...
Motion by Wit, second by Hutchinson, to accept Mr. Fogland's proposal as referred to on
page 66A of the packet and modify ordinance #6929 which sets up the current
arrangement between the City and the Zoological Society. Motion failed with Wit,
Hutchinson, Seifert and Shafer voting aye. Murray, Johnson, Neal, Feaster and Sorensen
voted nay and Kuzma abstained.
PROCLAMATIONS
National Employ The Older Worker Week - March 8 - 14, 1992.
PUBLIC HEARINGS
Public Hearing was held on the application for Patsios Inc. dba "Vlassey's
Restaurant/Bailey's Lounge", 2610 South Locust. City Attorney Sinor introduced the
following Exhibits:
1. Application for Liquor License filed with Liquor Control Commission and
received by the City on February 14, 1992;
2. Notice to applicant of date, time and place of hearing mailed on February 18,
1992;
3. Notice to general public of date, time, and place of hearing published on
February 28, 1992;
4. Copy of Chapter 4, City Code - Alcoholic Beverages;
5. Departmental Reports as required by Grand Island City Code.
1
I
I)
Page 4, Regular Meeting, March 9, 1992
Vlassey Patsios and Gus Patsios spoke on behalf of the application. There was no pro or
con discussion from the audience.
Public Hearing was held on the application of the Muffler Shop. Inc. for Conditional Use
Permit for outdoor sales of automobiles at 703 West 2nd Street. James Atwood, President
of The Muffler Shop, Inc., was present to answer questions on the application. There was
no pro or con discussion from the audience.
Public Hearing was held on the 1992 Community Block Grant Application. Jerenne
Garroutte, Director of the Community Development Department spoke on the application.
The application is to request $300,000 for a 1992 Comprehensive grant to include the
following activities: Acquisition-$40;000; Disposition-$500; Street Improvements-$80,000;
Clearance-$I,OOO; Rehabilitation-$130,500; Housing Administration $33,000; and General
Administration-$15,OOO; Mrs. Garroutte addressed the Council regarding the matching
funds required for the paving project. If the grant application is approved, matching city
funds of $26,250 will need to be approved in the 1993 City Budget. An estimated 87% of
the funds will benefit lower income persons. No displacement of persons will occur as a
result of any activities. There was no pro or con discussion from the ~audience.
PUBLIC PARTICIPATION
Don Moeller, 4317 Lariat Lane, stated some concerns about the proposed development in
the Capital Heights area and feels the Council needs to take a look at the zoning process.
Mike McCann, 4107 Mason Avenue, also expressed concerns with the rezoning ordinance
process.
George Solt, 3523 East Seedling Mile, spoke on the local economy.
City Attorney Sinor stated th~ Council should consider equal time for all candidates.
Jim Sanders, 218 North Harrison, addressed the Council on local economy and
employment.
DISCUSSION AND INFORMATION ITEMS
New Building Maintenance Fund.
Motion by Shafer to establish a maintenance fund for future maintenance cost of the new
city hall. Second by Kuzma. Motion carried with Hutchinson, Wit, Murray, Johnson, Neal,
Shafer and Kuzma voting aye. Feaster, Seifert and Sorensen voting nay.
I
I
II
/
Page 5, Regular Meeting, March 9, 1992
Building Demolition Specifications
Councihpan Shafer suggested an auction be held prior to the demolition of the Reitan
building whereby salvageable items would be sold at auction. Greg Garey, 219 South
Sycamore, a partner in a local auction firm concurred with Shafer's suggestion. No decision
was made at this time.
Financial Audit Presentation Process
Councilmember Wit had some concerns regarding the confidentiality on portions of the
1990-1991 Financial Audit Report. It was pointed out that all information in the Council
packets is public information.
Councilmember Seifert left the meeting at 10:30 p.m.
REQUESTS AND REFERRALS:
Request of Patsios Inc. dba "Vlassey's RestaurantIBaiIey's Lounge" for Class "C" Liquor
License. Motion by Hutchinson to approve, second by Neal. Motion c~rried unanimously.
Request of The Muffler Shop for a Conditional Use Permit for Outdoor Sales of new and
used automobiles. Motion by Shafer to approve, second by Feaster. Motion carried
unanimously.
Appointments by the Mayor: Motion by Feaster, second by Kuzma, carried unanimously
to approve the following appointments to the Downtown Improvement Board: Dick
Brown, Mark Myers, Helen Pohl and Victor Aufdemberge.
Request of Grand Island Joggers to hold three marathon races in 1992:
The races will be held on April 4, May 30 and September 19, 1992. Motion by Sorensen
to approve, second by Hutchinson. Motion carried unanimously.
Receipt of Board and Commission Minutes:
Motion by Hutchinson, second by Murray to receive the minutes of the following meetings:
Downtown Improvement Board, February 18, 1992; Cable Television Advisory Board
Meeting, March 2, 1992. Motion carried with Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Sorensen and Shafer voting aye. Kuzma abstained.
Request for Water Main District for Westwood Park Second Subdivision:
Request from residents in the area for a water system extension. Owners of 21 of the 25
lots along Driftwood Drive, Redwood Road, Maywood Drive and Redwood Court have
submitted the request. Motion by Hutchinson to approve the request, second by Murray.
Motion carried unanimously. '
1
I
I)
Page 6, Regular Meeting, March 9, 1992
Request for Water Main District for Castle Estates Subdivision:
Residents along Buckingham Drive, Palace Drive and Regal Drive have submitted a request
for the creation of a Water main District. Motion by Neal to approve the request, second
by Hutchinson. Motion carried unanimously.
RESOLUTIONS:
#92-048 - Approving Union Pacific Storm Sewer Pipeline Agreement with Union Pacific
Railroad for Kenmare Subdivision. Kenmare Subdivision is a tract of land located on
South Blaine Street, adjacent to the Union Pacific Railroad lien. The plat and subdivision
agreement provide that drainage should be accomplished through a storm drainage system
to an on site detention cell constructed by the developer. Development requires the City
to enter into a Pipeline Agreement and Contractors Right of Entry Agreement with the
Union Pacific Railroad prior to construction. Motion by Sorensen to approve, second by
Feaster. Motion carried unanimously.
#92-050 - Awarding bid for Electric Substation Modifications. Contract is for materials
only with installation by the Utility crews. Motion by Sorensen, seconcfby Kuzma to award
the low bid to WESCO in the amount of $36,128.72. Motion carried unanimously.
#92-051 - Awarding bid for wire stringing trailer for Utilities Department. Three bids were
received. Recommendation is to award the bid to the second lowest bidder which is Sauber
Manufacturing Company of Virgil, Illinois. Lowest bid did not comply with specifications
pertaining to load rating. Motion to approve by Hutchinson, second by Sorensen. Motion
carried unanimously.
#92-052 - Awarding bid for' Bottom Ash Hopper wall cooling and seal trough
modifications. Only one bid was received for this custom designed modified hopper cooling
spray system. Motion by Hutchinson to approve the bid from United Conveyor
Corporation in the amount of $11,600, second by Sorensen. Motion carried unanimously.
#92-053 - Approving 1992 Community Development Block Grant Application.
Resolution to authorize the Mayor to sign all documentation in support of the 1992 CDBG
application. Motion by Feaster to approve, second by Murray. Motion carried
unanimously.
#92-054 - Awarding bid for Vacuum Basin Cleaner/Street Sweeper Vehicle.
Four bids were received for the Vacuum Basin Cleaner/Street Sweeper Vehicle. The lowest
bid meeting specifications was Nebraska Tractor and Equipment in the amount of $98,958.
Motion by Sorensen to award the contract to Nebraska Tractor and Equipment, second by
Feaster. Motion carried unanimously.
1
I
I)
Page 7, Regular Meeting, March 9, 1992
#92-055 . Approving contract with JMM for engineering services associated with Landfill
Development.
Motion by Sorensen to approve the contract with JMM, Consulting Engineers for the
completion of construction drawings and
specifications for the landfill expansion, second by Feaster.
Motion carried with Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma
voting aye. Hutchinson voted nay.
#92-056 - Awarding Bid for Sewer Television Inspection Contract 92-TV-1.
Bids were received for inspectional services associated with 52,000 lineal feet of se~er line
in various locations of the City. The inspection is performed by televising the lines utilizing
a camera. Motion by Sorensen that the bid be awarded to Johnson Service Co. in the
amount of $39,360. Motion second by Feaster. Motion carried with Wit, Murray, Johnson,
Neal, Feaster, Sorensen, Shafer and Kuzma voting aye. Hutchinson voted nay.
#92-057 .-Approving bid for Sanitary Sewer Project 92-S-1 and Water Project 405T:
Bids were received for the combined sanitary sewerfwater main project to serve the
Ponderosa Lakes Estates Subdivision. Motion by Wit, second by Hutcninson to award the
contract to Omni Contracting of Grand Island, in the amount of $694,721.70. Motion
carried unanimously.
#92-058 - Approving contract for Wastewater Treatment Plant Facilities Planning:
An engineering consultant is required to determine the most cost effective way to expand
the Wastewater Treatment Plant to meet new state and federal requirements. A Review
Committee has selected the firm of CH2M Hill for consulting engineering services. Motion
by Hutchinson, second by Johnson to award the contract for Wastewater Treatment Plant
Facilities Planning to CH2M Hill of Denver, for a lump sum fee not to exceed $149,500.
Motion carried unanimously.
#92-059 - Awarding bid for Asphalt Maintenance Project 92-AC-1:
Proposals were received for the construction of Asphalt Maintenance Project 92-AC-l,
consisting of miscellaneous street repairs at various locations throughout the City. Motion
by Hutchinson, second by Johnson to approve the bid from JIL Asphalt from Grand Island,
in the amount of $108,902.51. Motion carried unanimously.
#92-060 - Approving Final Plat for Brownell Subdivision:
Brownell Subdivision is a 1.18 acre tract of land located on the east side of Locust Street
just south of Fonner Park Road. The subdivision provides for expansion of an existing lot
containing storage garages by the addition of 10 feet of land along the existing easterly
property line. Motion to approve the Final Plat for Brownell Subdivision was made by
Sorensen and second by Kuzma. Motion carried unanimously.
1
I
I)
Page 8, Regular Meeting, March 9, 1992
#92-061 - Approving Subdivision Agreement and Final Plat for Morningside Subdivision.
Morningside Acres Second Subdivision is a 3.43 acre tract of land located on the north side
of Stagecoach Road between Parkview Drive and August Street. The subdivision provides
for four residential lots and a lot for a storm water detention cell. Motion to approve the
subdivision agreement and final plat was made by Sorensen and second by Kuzma. Motion
carried unanimously.
#92-062 - Approving Subdivision Agreement and Final Plat for Schmader Second
Subdivision.
Schmader Second Subdivision is a 14.1 acre tract of land located south of Fourth Street at
Sky Park Road. The subdivision provides for two industrial lots. Motion to approve the
subdivision agreement and final plat for Schmader Second Subdivision was made by
Sorensen and second by Kuzma. Motion carried unanimously.
ORDINANCES
Motion by Wit to pass Ordinance #7790 on final reading, second by ~urray. Ordinance
#7790, an ordinance to provide for annual compensation for council members and the
mayor; to repeal Ordinance No. 7477; and to provide the effective date of this ordinance.
Motion carried with Hutchinson, Wit, Murray, Neal, Shafer and Kuzma voting aye.
Johnson and Sorensen voted nay and Feaster abstained.
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by
title on three different days be suspended and that ordinance numbered:
#7791
To create Water Main District No. 408
be considered for passage on the same day upon reading by number only, and then placed
on final passage, and that the City Clerk be permitted to call out the number of the
Ordinance on its first reading, and then upon its final passage, and call for a roll can vote
on each reading and final passage. Councilman Shafer seconded the motion.
Mayor: "Any discussion? Anyone in the audience interested in any of the Ordinances?"
There being none, he called for a Roll Call Vote on the motion. Voting "Aye" -
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma. Voting
"No" - None.
Mayor: "The motion to suspend the statutory rules having been concurred in by three
fourths of the City Council, said motion is declared passed and adopted."
1
I
I)
/
, \)
Page 9, Regular Meeting, March 9, 1992
Clerk: "ORDINANCE numbered 7791 on its FIRST READING. All those in favor of the
passage of said Ordinance on its first reading, answer roll call, "Roll Call Vote - Voting
"Aye" - Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma.
Voting "No" - None.
Clerk: "ORDINANCE numbered 7791 on FINAL PASSAGE. All those in favor of the
passage of said Ordinance on its final passage; answer roll call, "Roll Call Vote - Voting
"Aye" - Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma.
Voting "No" - None. .
Mayor: "By reason of the Roll Call Votes on the First Reading and Final Passage of the
Ordinances, Ordinance No. 7791 is declared to be lawfully passed and adopted upon
publication as required by law."
CLAIMS
Motion by Johnson, second by Feaster, that claims in the amount gf $1,824,309.32, as
presented by the City Clerk, be allowed. Upon roll call vote, Wit, Murray, Johnson, Neal,
Feaster, Sorensen and Kuzma voted aye; Hutchinson voted nay and Shafer abstained.
Motion carried. .
ADJOURNMENT
Meeting was adjourn~d at 10:55 .p.m.
;.,. a /'(;/ n '...... J.--f;z;.... " - ,/1,.'.-'
{,^" lA-~ If' ~Vc. /V~VI
v', u-
J erenne J. Garroutte
Deputy City Clerk
1
I
I)
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
March 16, 1992
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on March 16, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on March 13, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. Hutchinson was absent. The following
officials were present: City Administrator Zachary Zoul, City Clerk Muritta Czaplewski, and
City Attorney Keith Sinor.
Resolution #92-068 - Fiscal Policies Manual Amendment. Motion was made by Sorensen,
second by Wit, to approve the Fiscal Policies Manual Amendment. Johnson moved to table until
a commentary is furnished as to what the specific changes were. City Administrator Zachary
Zoul explained that the changes would address the mayor and city council in its capacity as the
governing body of the City of Grand Island. Upon roll call vote, Johnson, Feaster and Kuzma
voted aye. Wit, Murray, Neal, Seifert, Sorensen and Shafer voted nay. Motion failed. Roll call
vote was taken on the motion to approve the Fiscal Policies Manual Amendment. Wit, Murray,
Neal, Feaster, Seifert, Sorensen and Shafer voted aye. Johnson and Kuzma voted nay.
Motion carried.
Approval of Zoo Committee Appointments: Council Member Johnson has withdrawn his
membership on the Zoo Committee. Motion was made by Shafer, seconded by Johnson, to
approve the mayor's appointment of Council Member Seifert to the Zoo Committee as a
replacement for Council Member Johnson. Upon roll call vote, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma abstained. Motion carried.
Resolution #92-069 - Compensation Plan Implementation Alternatives. Donna Starling of Ralph
Anderson & Associates illustrated three options for the implementation of the Compensation
Plan. Currently, a particular job classification has seven steps based on years of employment,
and the new pay plan creates an additional step for a total of eight steps. The new system also
closes the pay differential between new employees and more tenured and more experienced
employees. Motion was made by Wit, seconded by Johnson, to adopt Option "A" for the
Compensation Plan implementation. Upon roll call vote, Wit, Murray, Johnson, Neal, Seifert
and Kuzma voted aye. Feaster, Sorensen and Shafer voted nay. Motion carried.
Cable Television Survey Authorization. It has been recommended by Excel Communications
Group, Inc. and the Cable Television Advisory Board that a citizen survey be distributed to gain
knowledge as to citizen needs, concerns, and preferences relative to cable television servIces.
1
I
I)
\ )
Page 2, Special City Council Meeting, March 16, 1992
A random sample of 5,000 utilities customers was recommended. Motion by Seifert, second by
Sorensen, carried unanimously to approve the Cable Television Survey.
The meeting was adjourned at 8: 15 p.m.
~J~~
Murik F. Czaplewski
City Clerk
Ii
1
I
I)
"1,
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
March 18, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on March 18, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on March 16, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 5:00 p.m. The following
members were present: Mayor DobeSh, Councilmembers, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma. Hutchinson was absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Muritta Czaplewski, and City Attorney
Keith Sinor.
Zoo Funding. Council Member Murray gave a report on the Zoo Committee Meeting of March
16, 1992 regarding funding for the Grand Isle Heritage Zoo. The committee presented two
options to the City Council, namely, (1) to place the item on the May Ballot, or (2) to place the
item on the November ballot with some provision for interim funding so that the Zoo could be
kept open until November. Motion by Sorensen, second by Seifert, carried unanimously to
adopt Resolution #92-064 whereby funding for the zoo shall be submitted to the electors of the
City of Grand Island in conjunction with the statewide primary election to be held on May 12,
1992.
Meeting was adjourned at 5:04 p.m.
1ilfvxt;,) j ~lf'ffl~dt;
Muritta F. Czaplewski
City Clerk
I
I
I
:: (l
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
March 23, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on March 23, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on March 20, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Muritta Czaplewski, Deputy City Attorney Lisa Thayer,
and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Reverend Dick Bacon of the
First Christian Church.
Approval of Minutes: Motion by Kuzma, second by Shafer, carried unanimously to approve the
minutes of March 9, 1992 Regular Council Meeting; March 16, 1992 Special Council Meeting;
and March 18, 1992 Special Council Meeting.
Proclamations: Alcohol Awareness Month, April 1992 and National Library Week, April 5-11,
1992
Board of Equalization: Motion by Sorensen, second by Shafer, carried unanimously to adjourn
to Board of liqualization.
Resolution #92-067 - Determining benefits of 1991 Weed Cutting Program. Each year it is
necessary for the City Council to meet as the Board of Equalization to consider a Resolution
relative to the Weed Abatement Program. There was no public comment. Motion by Wit,
second by Hutchinson, carried una.1imously to approve Resolution #92-067 determining benefits
of the 1991 Weed Cutting Program.
PUBLIC HEARING:
)
Application of Steven Kramer for a Conditional Use Permit for a temporary Greenhouse at 3333
West Stolley Park Road. A public hearing was held on Mr. Kramer's application for a
temporary Greenhouse at 3333 West Stolley Park Road for the period April 28, 1992 to June
3, 1992. There was no public comment.
. :~. H
Page 2, Regular Session, March 23, 1992
I
DISCUSSION AND INFORMATION ITEMS:
Presentation by Tom Jarnagin of Burlington Northern Railroad on Elevated Rail Corridor
Project. Mr. Tom Jarnagin, Division General Manager of the Burlington Northern Railroad,
addressed the City Council in order to provide a status report on the proposed Elevated Rail
Corridor Project. The plan provides for the Burlington Northern Railroad tracks to be elevated
from Capital Avenue to Highway 30, thereby eliminating eight railroad crossings and creating
six grade separation underpasses. Mr. Jarnagin indicated that Burlington Northern's board of
directors will see the plan April 3. After that, Burlington Northern officials will begin
negotiations with state officials within 30 days concerning financing. He said he expects a final
decision within 90 days.
Presentation by CH2M Hill on Wastewater Treatment Plant Planning. At the March 9, 1992
City Council meeting, a contract was awarded to CH2M Hill for consulting engineering services
associated with the development of a facilities plan for the Wastewater Treatment Plant. It is
intended to develop a plan to address long-term facilities requirements rejative to wastewater
treatment. The study is to be conducted between April 1, 1992 and October 1, 1992. Tom
Heinemann and Glen Daigger of CH2M Hill made a presentation to the City Council and
reviewed the process and answered questions.
I REQUESTS AND REFERRALS:
Receipt of Minutes: Motion by Hutchinson, second by Murray, carried unanimously to receive
and place on file the minutes of the following meetings: March 4, 1992, Regional Planning
Commission; March 10, 1992, Cable Television Advisory Board; 12:00 p.m., March 12, 1992
Cable Television Advisory Board and the 7:00 p.m., March 12, 1992, Cable Television
Advisory Board.
Request of Steven Kramer for a Conditional Use Permit for a temporary greenhouse at 3333
West Stolley Park Road. This item relates to the aforementioned Public Hearing and provides
for the approval of a Conditional Use Permit for a temporary greenhouse, owned by Steven
Kramer. Motion by Sorensen, second by Shafer, carried unanimously to approve the
Conditional Use Permit of Steven Kramer for a temporary greenhouse (for 37 days) at 3333
West Stolley Park Road.
I
Request of Melvin Meyer of Little B' s Corporation for referral of property rezoning to Regional
Planning Commission. Mr. Melvin Meyer, representing Little B's Corporation, has submitted
a request to rezone a 7.86 tract of property located on the south side of Old Potash Highway,
immediately west of Claude Road from B2 (General Business) Zone to M2 (Heavy
Manufacturing) Zone. Motion was made by Seifert, second by Kuzma, to refer this request to
the Regional Planning Commission for hearing and recommendation. Upon roll call vote, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted
) nay. Hutchinson abstained. Motion carried.
1
I
I)
.~ ~}
:~- '_\
Page 3, Regular Session, March 23, 1992
Request of Katharine A. Newman and Inez M. Maurer for referral of property rezoning to
Regional Planning Commission. Ronald Depue of Grand Island, an ~ttorney representing
Katharine A. Newman and Inez M. Maurer, has submitted a request to rezone a 17.5 acre tract
of property located at the west side of Highway 281 immediately south of State Street (extended)
from T A (Transitional Agricultural Zone to B2 (General Business ) Zone. Motion by Wit,
second by Murray, carried unanimously to refer this request to the Regional Planning
Commission for hearing and recommendation.
Claim against the City of Grand Island by Omni Construction. Mr. Merlin Brenden, President
of Omni Construction Company, Inc., of Grand Island, has filed a claim against the City seeking
damages associated with the isolation df a water main on Capital Avenue west of Highway 281
at the point where the drainage ditch crosses Capital Avenue. They allege that actions by the
City caused delays thereby imposing costs upon the company. The company is seeking
reimbursement from the City in the amount of $39,760.22. The City contends the water main
was shut down and was handled in accordance with project specification. Motion by Seifert,
second by Hutchinson, carried to deny the claim against the City of GfjUld Island by Omni
Construction.
Request of Central Sanitation of Central City to dispose of out-of-county solid waste at Landfill.
A request has been received from central Sanitation of Central City to dispose of refuse collected
from rural portions of western Merrick County. This will exclude yard waste, hazardous waste,
special wastes or other restricted items. This material will be delivered to the Landfill and does
not pose any potential environmental risks. The hauler would be charged the established rate
for out-of-county waste which is 100% higher than the in-county rate. Motion was made by
Hutchinson, second by Murray, to approve the request of Central Sanitation of Central City to
dispose of out-of-county solid waste at the Landfill'. Upon roll call vote, Hutchinson, Murray,
Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma voted aye. Wit and Seifert voted nay.
Motion carried. Concern was expressed by Council Members Wit and Hutchinson as to who
would be liable if prohibitive waste was delivered to the landfill. Deputy City Attorney Lisa
Thayer was asked to provide a response to the city council. .
Approval of Acting City Clerk Appointment. City Clerk Muritta Czaplewski has announced her
retirement effective March 27, 1992. Mrs. Czaplewski has served the City for 20 years working
as City Clerk since, August, 1990, and as Utilities Department Clerk Steno from 1972 to 1973.
Motion by Johnson, second by Neal, carried unanimously to appoint Community Development
Director Jerenne Garroutte, who is currently serving as Deputy City Clerk, as Acting City
Clerk.
RESOLUTIONS:
#92-065 - Approving statement of non-protests against Street Improvement District 1178. Poplar
Street. The City Council acted on February 10, 1992, to create Street Improvement District
#1178 for the purpose of paving Poplar Street from Ninth Street to Eleventh Street. Inasmuch
1
I
I)
I.' .-~_f
I
..,. '"
Page 4, Regular Session, March 23, 1992
as this improvement is being undertaken under a Neighborhood Revitalization Project through
the Community Development Department, residents meeting established guidelines are eligible
to receive funding for their assessments. State law provides for a twenty-day protest period
The protest period ended March 9, 1992, without any protests from property owners. Concern
was expressed by Council Member Wit as to how property owners are notified. Public Works
Director Wayne Bennett indicated they were all notifed by letter. Motion was made by Seifert
second by Sorensen, that all property owners in this area be notified by certified letter.
Community Development Director Jerenne Garroutte verified that all property owners were
notified. Seifert amended his motion to place the matter of procedures for public notification
on the next Study Session agenda.
Motion was made by Hutchinson, secdnd by Neal to approve statement of non-protests against
Street Improvement District 1178, Poplar Street. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay. Motion
carried.
#92-066 - Establishing date for Board of Equalization to consider Wat~r Main Connection
District #400T. Claude Road. In its capacity as the Board of Equalization, it is necessary for
the City Council to consider the assessment of benefits associated with Water Main Connection
District #400T, Claude Road. Motion by Seifert, second by Sorensen, carried unanimously to
set the date of April 20, 1992 for the Board of Equalization to determine the benefits and
assessment for Water Main Connection District #400T, Claude Road.
#92-070 - Establishing date for Board of Equalization to consider Water Main Connection
District No. 398T. Potash Highway. This District was established on April 1, 1991, in order
to provide for improvements in the form of a 20" water main along North Road and a 20" water
main along Old Potash Highway. Construction was completed on September 16, 1991. Motion
by Seifert, second by Sorensen, carried unanimously to establish the date of April 20, 1992 for
the Board of Equalization to consider Water Main Connection District No. 398T, Potash
Highway.
#92-071 - Authorizing continuation of Water Main District #406 - Driftwood Drive west of
Sweetwood Drive. The City Council acted on February 10, 1992, to create Water Main District
406 for the purpose of extending water service as requested by property owners to the waste end
of the Westwood Second Subdivision. Receipt of protest from property owners representing
over 51 % of the front footage in the district prohibits continuation of the district. The protest
period ended March 19, 1992, and no protests were received. Motion by Seifert, second by
Feaster, carried unanimously to establish the date for Board of Equalization to consider Water
Main Connection District No. 398T, Potash Highway.
#92-072 - Authorizing condemnation procedures to acquire easement for Ponderosa Lake Estates
Utility extension. At the March 9, 1992 City Council meeting, a contract was awarded to Omni
Construction Company, Inc., to construct water and street improvements to serve a portion of
.,':-- r ~
''''1 -.
Page 5, Regular Session, March 23, 1992
I
southwest Grand Island, including the Ponderosa Lakes Estates Subdivision. The City requires
a 16 foot wide easem~nt encompassing approximately 4,466 square feet in which to locate
sanitary sewer and water main. The Department has been unable to negotiate a purchase. The
owner refused to provide a price. Inasmuch as a voluntary acquisition is not possible, it was
recommended the City obtain the property through an eminent domain procedure. Motion by
Seifert, second by Kuzma, was made authorizing condemnation procedures to acquire easement
for Ponderosa Lake Estates Subdivision utility extension. Upon roll call vote, Hutchinson,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted
nay. Wit abstained. Motion carried.
#92-073 - Approving Intergovernmental Agreement governing South Locust Street/Interstate 80
Interchange Project. The City Council has previously directed the City staff to develop an
intergovernmental agreement governing the South Locust Street/Interchange Project. The City
Attorney has drafted an agreement in connection with the County Attorney and Nebraska
Department of Roads. The proposed agreement sets forth the responsibilities of the City,
County and State relative to the project. Earl Wilson, 2323 Bellwood Drive, stated he felt this
issue should be placed on the ballot. Motion by Neal, second by Murray, to approve the
Intergovernmental Agreement governing South Locust Street/Interstate 80 Interchange Project.
Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seif0rt, Sorensen, Shafer
and Kuzma voted aye. Seifert voted nay. Motion carried.
I ORDINANCES:
Council Member Murray moved that Ordinance 7792 be pulled from the agenda and be placed
on the agenda for next Study Session. Seconded by Johnson. Upon roll call vote, Hutchinson,
Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted
nay. Motion carried.
Council Member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#7794 - To levy assessments for 1991 Weed Cutting Program
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Council Member Seifert. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert Sorensen, Shafer and Kuzma voted
aye. Motion carried.
I
After inviting questions or comments, and there being none, the mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voted aye. None voted nay. Motion carried.
)
1
I
1\
l
.'
~) ;
:'W ~ j
Page 6, Regular Session, March 23, 1992
Clerk: Ordinance #7794 on its first reading. all those in favor of passage, answer roll call.
On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer
and Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinance #7794 on final passage. All those in favor of passage of said ordinance on
final passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion carried.
Ordinance #7795 - To amend personnel salaries in accordance with Compensation Plan. Council
Member Johnson moved to amend Ordihance #7795 and to incorporate a low of $4500 base level
to a $6400 ceiling for the salary of the city administrator position. Council Member Murray
seconded the motion. Upon roll call vote, Hutchinson, WK, Murray, Johnson, Neal, Feaster,
Seifert, ~, ~ and Kuzma voted aye. Wit, Sorensen and Shafer voted nay. Motion
carried.
..
Council Member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#7795 - To amend personnel salaries in accordance with Compensation Plan
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Council Member Kuzma. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Seifert, Shafer and Kuzma voted aye. Feaster and
Sorensen voted nay. Motion carried.
After inviting questions or comments, and there being none, the mayor called for a roll call vote
on the motion. Hutchinson, Murray, Johnson, Neal, Seifert and Kuzma voted aye. Wit, Feaster
Sorensen and Shafer voted nay.
Clerk: Ordinance #7795 on its first reading. All those in favor of passage, answer roll call
vote. On roll call vote, Hutchinson Murray, Johnson, Neal, Seifert and Kuzma voted aye. Wit,
Feaster, Sorensen and Shafer voted nay. Motion carried.
Clerk: Ordinance #7795 on final passage. All those in favor of passage of said ordinance on
final passage, answer roll call. On roll call vote, Hutchinson, Murray, Johnson, Neal Seifert
and Kuzma voted aye. Wit, Feaster, Sorensen and Shafer voted nay. Motion carried
1
I
I)
f ,; i
'~ '.,; '*
Page 7, Regular Session, March 23, 1992
PAYMENT OF CLAIMS:
Motion by Murray, second by Wit, to pay the claims of March 23, 1992 in the amount of
$914,263.99. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye. Hutchinson voted nay. Motion carried.
ADJOURNMENT
Meeting was adjourned at 8:47 p.m.
'f)' J r; " ,0,
i tUJuW0! --:i . ~ U~)/u~-u
Muritta F. Czaplewski
City Clerk
1
I
I)
I'" ,
,( J
.~ ~
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
March 30, 1992
Pursuant to due call and notice thereof, a meeting of the City Council Study Session of the City
of Grand Island was conduct.ed in the Council Chambers of City Hall on March 30, 1992.
Notice of this meeting was given in the Grand Island Daily Independent on March 27, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 10:18 p.m. immediately
following the Special City Council Meeting. The following members were present: Mayor
Dobesh, Councilmembers Hutchinson; Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma. The following officials were present: City Administrator Zachary Zoul,
Acting City Clerk Jerenne Garroutte, City Attorney Keith Sinor, Assistant City Attorney Lisa
Thayer and Public Works Director Wayne Bennett.
Request of Lynne M. Coates for Gap Paving. Larry Coates, 4078 Dack ~venue addressed the
Council on a request to pave a small portion of Jay Street that connects to Capital Avenue.
Some of Jay Street has been paved at the request of property owners. However, a portion of
the road was left unpaved because of the opposition of adjacent property owners. The residents
are requesting gap paving, which would not allow the adjacent property owners to block the
project by protesting the creation of the paving district. There was no opposition voiced. The
request will be forwarded to the April 6, 1992, City Council meeting for action.
Request of Gene McCormick regarding Legislative Powers and Code Changes. Mr. McCormick
was in attendance and requested this item be pulled from the agenda.
Parking Regulations and Towing. This item was pulled from the agenda at the request of
Councilman Seifert.
Procedures for Public Notification. Planning Director Nelson Helm spoke on the city's
notification procedures on zoning changes. Helm said he was not in favor of sending
notifications by certified mail because of the extra expense and additional work for city staff.
He said that additional information could be included in the voluntary letters of notification to
property owners adjacent or within 300' of a proposed change to improve communication with
property owners in the area. He also noted that the signs currently used are larger than required
by the ordinance but that an effort will be made to post them away from utility poles, etc. so
that they will be more visible as a free-standing sign. City Administrator Zoul said some cities
use a form of advertising called a "City Clerk's Comer". Ads would run in the newspaper the
same day each week, notifying the public about upcoming meeting or other issues that might be
of interest.
Councilman Seifert left the meeting at 10:37 p.m.
1
I
I)
f:~. ,-',
tn5
Page 2, Study Session, March 30, 1992
Regulations governing Temporary Structure. \Vith the increasing request for temporary
structures, Building Director Craig Lewis has offered 3 possible (option) solutions. Require
conditional use permits for all temporary buildings; create a new ordinance establishing permits,
fees, definitions, and regulations for temporary building; establish criteria for temporary
buildings to be allowed without a permit up to a certain length of time. Lewis will develop
procedures and return to Study Session in two weeks.
Sewer Rates. Public Works Director informed the Council that Wastewater Treatment Plant
expansion is necessary to provide for the growth of the City, meet new, more stringent, sewage
treatment requirements, and meet new, more stringent, sludge disposal regulations. Those
improvements could cost $15 million, and Bennett said delaying a rate increase may be bad
timing for the city, which could find itself facing even higher rates in the future if it tries to
postpone the inevitable. Bennett said the city has three choices: Do nothing; Immediately double
sewer use fees, or initiate a series of moderate increases. Bennett recommended a series of
moderate increases be initiated. Wes Potter, Vice President of Environmental Operations for
Con Agra Red Meat Companies spoke in opposition to the proposed increase. Monforts recently
spent $800,000 upgrading its pretreatment plant and he felt the company should have a chance
to recoup its investment, and cannot do that if the city increases its sewer charges. This item
will be placed on the April 6, 1992, City Council agenda for action.
Report on Comprehensive Development Plan by BRW. Jeff Benson stated he would forego his
presentation and passed out copies of the Roadway Improvement Alternatives analysis that he
had planned to present this evening. Mr. Benson will come back to the City Council at the June
1st meeting with a discussion of alternatives and recommendations.
Tom Findley, Project Architect for the new City Hall, briefly reviewed some of the items that
were eliminated from the bid. Some of the items include: landscaping (lawn only will be
provided) the fountain in the court yard has been eliminated, movable partitions will not be
included as well as most of the millwork and window blinds. Councilmembers expressed
interest in retaining the blinds and movable partitions.
The meeting adjourned at 11:00 p.m.
P!kL4cnh 9-- Y:jONL<9-<~.
Jerenne J. Garroutte
Acting City Clerk
I
I
I
.., ><
~ '.
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
March 30, 1992
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on March 30, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on March 27, 1992.
,
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, Acting City Clerk Jerenne Garroutte, City Attorney Keith Sinor,
Assistant City Attorney Lisa Thayer and Public Works Director Wayne Bennett.
~
Alice Neal asked to begin the meeting with a minute of silent reflection and/or prayer to reflect
our relationships with one another and the effect those relationships can have on good City
Government.
Mayor Dobesh commented on the $100,000 advance payment check the City received from
FEMA for storm damage cleanup caused by the June 1990 wind storm. There is a possibility
of receiving an additional $35,000 to $37,000.
Resolution #92-074 - To award bid for City Hall Project. Fiscal plans, Alternate 1 and
Alternate 2 were discussed. City Attorney Sinor responded to concerns about the financing of
the project. Council member Neal questioned whether the utility department could lease space
in City Hall or use some other method of financing that would not be considered a transfer.
City Administrator Zoul stated, he does not consider the proposed financing method a transfer.
Attorney John Wagoner spoke against using funds from the electric utility for the project. City
Administrator Zoul pointed out that the only way the city can actually appropriate utility money
for the new City Hall is through the 1992-93 budget process. He reminded the Council the only
necessary part of the resolution is the section awarding the contract to Lacy Building and Supply
and another section authorizing the mayor to execute all of the construction contracts. Following
a lengthy discussion, a motion was made by Kuzma and seconded by Wit to approve resolution
#92-074 to award the bid for the City Hall project. Councilman Johnson moved that of the
motion on the floor, Items 2 through 5 be stricken and only items 1 and 6 be considered for
passage. Johnson's motion was seconded by Neal. Upon roll call vote, Hutchinson, Murray,
Johnson, Neal and Shafer voted aye. Wit, Feaster, Seifert, Sorensen and Kuzma voted nay.
Motion failed. Mayor Dobesh had the option to break the tie but did not vote. Motion by Neal
to pass the motion with an amendment that the City Council will not consider itself bound by
)
I
I
I
....' ~
~ ~
Page 2, Special City Council Meeting, March 30, 1992
the fiscal plan provided and will give further consideration to it at the time of appropriation.
Motion seconded by Murray. Upon roll call, Hutchinson, Wit, Murray, Johnson, Neal and
Shafer voted aye. Feaster, Seifert, Sorensen and Kuzma voted nay. Motion carried. Motion
on modified resolution, upon roll call vote, carried with Hutchinson, Wit, Murray, Johnson,
Neal, Shafer and Kuzma voting aye. Feaster, Seifert and Sorensen voted nay.
Motion by Kuzma, second by Wit to adjourn to "Executive Session" at 8: 15 p.m., motion
carried unanimously.
Motion by Hutchinson to reconvene, second by Wit carried unanimously. Special City Council
meeting reconvened at 10:15 p.m.
Approval of Contract with State of Nebraska. Department of Roads for reimbursement of State's
share of aerial photography of South Locust I-80 Interchange. Motion by Seifert to approve,
second by Hutchinson. Motion carried unanimously.
Approval of Addendum No. 1 with Aerometric for aerial photography of South Locust Street
and I-SO Interchange. Motion by Seifert to approve, second by Hutchinson. Motion carried
unanimously.
Resolution #92-075 - To Award bid for Padmount Transformers. Motion by Hutchinson to
approve, second by Wit. Motion carried unanimously.
The meeting was adjourned at 10: 17 p. m.
(l"0/1 [). c-lf....., ~
\k.cL-1/'-/~ (f-.. -^:~1 u./"<. C<:O-C<'A.-^.<2...)
v
Jerenne J. Garroutte
Acting City Clerk
)
I
I
I
,1 ,;,
,~,_ r J
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
APRIL 6, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on April 6, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on April 3, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Attorney Keith Sinor, Public Works Director Wayne Bennett
and Acting City Clerk Jerenne J. Garroutte.
Pledge of Allegiance was said followed by the Invocation which was given by Reverend William
Doran of the Trinity United Methodist Church.
Approval of Minutes: Motion by Sorensen, second by Shafer, carried unanimously to approve
the minutes of the Regular Council Meeting of March 23, 1992.
Presentations: Mayor Dobesh presented Arthur Decker with a gold watch in recognition of his
many years of dedicated service to the City of Grand Island. Mr. Decker retired April 1, 1992
after 30 years of service. At the time of his retirement, Mr. Decker served as Fire Captain in
the Fire Department.
Dave Swanson and Jenifer Worthington, Representative of the Hall County Chapter of The Red
Cross presented Leo Tylkowski of Grand Island, with a "Certificate of Recognition for
Extraordinary Personal Action" for saving a child from drowning.
Proclamations: Mayor Dobesh has proclaimed April 1992, as "Child Abuse Prevention
Awareness Month".
PUBLIC HEARINGS:
Application of Bob Leetch for a Conditional Use Permit for temporary structure at 1503 East
8th Street. Building Director Craig Lewis commented that the owner of the property is in the
process of renovating an existing structure on this property. Amanda Kelsey, 1522 East 7th,
spoke in favor of the project. No one spoke in opposition to the application.
)
1
I
I)
! I ~
Page 2, Regular Meeting, April 6, 1992
Application of JG and J Inc.ldba "Desert Rose". 3235 South Locust Street for a Class "c"
Liquor License. City Attorney Keith Sinor introduced the following exhibits: Application for
Liquor License filed with Liquor Control Commission and received by the City Clerk on March
23, 1992; Notice to general public of date, time, and place of hearing published on March 27,
1992; Notice to applicant of date, time, and place of hearing mailed on March 23, 1992; Copy
of Chapter 4, City Code-Alcoholic Beverages and Department Reports as required by City Code.
James Keeshan, representing Mary Ann Keeshan (President and Secretary) was present to answer
questions. There was no pro or con discussion from the audience.
Application of Jerome K. Selle. d/b/a Gapital Liquor. 3357 West Capital for a Class "D" Liquor
License. City Attorney Keith Sinor introduced the following exhibits: Application for Liquor
License filed with Liquor Control Commission and received by the City Clerk on March 23,
1992; Notice to general public of date, time, and place of hearing published on March 27, 1992;
Notice to applicant of date, time, and place of hearing mailed on March 30, 1992; Chapter 4,
City Code - Alcoholic Beverages and Department Reports as required by City Code. Jerome
Selle was present to answer questions. There was no pro or con discussion from the audience.
Proposed change of land use district from R2 Zone to Rl Zone for properties located between
Westridge School and George Park. from North Road to Independence A venue.
Recommendation from the Regional Planning Commission that zoning be changed from R-2
Zone to R-1 Zone. Councilman Hutchinson asked City Attorney Sinor about the legality
involved in this change. Sinor told the council it had followed proper procedures and that the
procedures are valid and legal under Nebraska statutes. However, Sinor stated there were. two
other issues to be considered. One is the so called "unlawful taking" of property. The second
issue is what financial harm the developer might have suffered by relying on the council's initial
decision to zone Jeffrey Oaks from transitional agriculture to low density residential. Sinor said
the city may be liable for no more than the "platting costs" incurred so far under the low density
zoning designation. Attorney William Frances, attorney for Jeffrey Oaks developers did not
agree with City Attorney Sinor. Francis said the developers stand to lose nine lots, at a cost
of $15,000 each and stated "the city has a grave responsibility and a potential loss" . Doug
O'Brien, 4245 Norseman Avenue, spoke in favor of the proposed change. (O'Brien said that
people in the northwest area have felt left out of the decisions that have affected their future and
asked that their feelings be considered in this case.)
Requested change of land use district from B2 Zone to M2 Zone for property located on the
south side of Old Potash Highway west of Claude Road. The purpose of the zoning change is
to allow for a new United States Postal Service Distribution Center. There was no opposition
to this request.
1
I
I)
it
Page 3, Regular Meeting, April 6, 1992
Requested change of land use district from T A Zone to a B2 Zone for a parcel of property
located west of Highway 281, south of State Street extended. The purpose of the zoning change
is to allow for a new commercial area with a Wendy's Restaurant proposed as the initial use in
the area. Ron Depue, an attorney representing the owners of the property, was present and
asked the Council to continue to defer the assessments for sanitary sewer until the property is
actually sold. There was no opposition from the audience to this request.
Proposed amendment to the Zoning Ordinance to eliminate the use of crushed asphalt for
required off-street parking and loading facilities. Regional Planning Commission considered the
proposed amendment at their April 1, 1992 meeting and recommended approval of the change.
Surfaces will consist of permanent type, dust-free surfaces such as asphaltic cement concrete,
portland cement concrete or paving brick. There was no opposition from the audience.
ORDINANCES:
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that ordinance numbered:
#7799 Rezoning R2 to R1 the area between Westridge School and
George Park from North Road to Independence A venue
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its first reading, and then upon its final passage, and call for a roll call vote on each reading and
final passage. Councilman Seifert seconded the motion.
Mayor: Any discussion? Anyone in the audience interested in the ordinance, he called for a roll
call vote on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye. No one voted nay. Motion carried.
Clerk: Ordinance #7799 on its first reading. All those in favor of passage, answer roll call.
On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer
and Kuzma voted aye. No one voted nay. Motion carried.
Clerk: Ordinance #7799 on its final passage. All those in favor of passage of said ordinance
on its final passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. No one voted nay. Motion
carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinance,
Ordinance #7799 is declared to be lawfully passed and adopted upon publication as required by
law.
1
I
I)
./
i..~ (~
'j I,
Page 4~ Regular Meeting~ April 6~ 1992
Councilman Wit asked to speak on Ordinance #7796. Peter Wissing had contacted Councilman
Wit with reference to this ordinance. The adjacent property owners have submitted a petition
in opposition to this ordinance.
DISCUSSION AND INFORMATION ITEM:
Don Anderson~ 2126 Viking Road~ spoke with reference to a request of Russ Martinez who
would like to expand his existing car wash enterprise. This expansion will require a new
driveway to be installed along 3rd Street. Such a driveway will be contrary to the guidelines
as adopted by the City Council. Mr. Anderson~ Chief Construction~ asked this item to be added
to the agenda as an emergency item. Motion to approve placing the item on the agenda was
made by Seifert~ seconded by Sorensen. Motion carried unanimously. Motion by Sorensen to
approve the request~ second by Seifert. Motion carried unanimously.
REOUESTS AND REFERRALS:
Receipt of Minutes: Motion by Wit~ second by Johnson~ carried unanimously to receive and
place on file the minutes of the March 17 ~ 1992~ meeting of the Downtown Improvement Board.
Request to form a sewer district in Rand B First and Second Subdivision. The improvements
would provide for the construction of sanitary sewer lines to serve this residential area. There
is a 30 day protest period for Sanitary Sewer Districts from the date of publication. Motion by
Seifert to approve~ second by Shafer. Motion carried unanimously.
Request of Bob Leetch for a Conditional Use Permit for temporary structure at 1503 East 8th
Street. This item relates to the aforementioned Public Hearing and provides for the approval
of a Conditional Use Permit to place a trailer house on the property during the renovation of the
structure currently on the property. Motion to approve by Sorensen~ second by Kuzma. Upon
roll call vote~ Hutchinson~ Wit~ Murray~ Johnson, Nea1~ Feaster~ Sorensen~ Shafer and Kuzma
voted aye. Seifert voted nay. Motion carried.
Request of JG and J Inc.ldba "Desert Rose". 3235 South Locust Street for a Class "C" Liquor
License. This item relates to the aforementioned Public Hearing and provides for the approval
and issuance of a Class "C" Liquor License. This request has been reviewed by the Bui1ding~
Fire~ Health~ and Police Department. Motion by Shafer to approve~ second by Seifert. Motion
carried unanimously.
Request of Jerome K. Selle/dba "Capital Liquor". 3357 West Capital Avenue. for a Class "D"
Liquor License. This item relates to the aforementioned Public Hearing and provides for the
approval and issuance of a Class "D" Liquor License. This request has been reviewed by the
Bui1ding~ Fire~ Health, and Police Department. Motion by Sorensen to approve~ second by
Shafer. Motion carried unanimously.
1
I
I)
- f.,
Page 5, Regular Meeting, April 6, 1992
RESOLUTIONS:
#92-076 - Bid award for Water Main District 407T - 6" main in Stauss Road from North Road
west to Garland Place Subdivision. Improvements are to consist of six and eight inch
watermains, and will provide for water service to adjacent properties. The Engineer's estimate
was $34,000. The low bid of $20,721.40 was submitted by Diamond Engineering. Motion to
approve by Neal, second by Wit. Upon roll call vote, Hutchinson, Wit, Murray, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye. Johnson voted nay. Motion carried.
#92-077 - Approving final plat and subdivision agreement for Fox Creek Subdivision. A 9.92
acre tract of land located on the south side of Capital Avenue, approximately one fourth west
of Sky Park Road. The subdivision provides for two single family home lots. Motion to
approve by Sorensen, second by Feaster. Motion carried unanimously.
#92-078 - Approving final plat and subdivision agreement for Horizons West Subdivision.
This item relates to the aforementioned Public Hearing. This 7.86 acre tract of land located on
the south side of Old Potash Highway, immediately west of Claude Road. The subdivision
provides a site for the proposed new United States Postal Service Distribution Center. Motion
to approve by Sorensen, second by Feaster. Motion carried unanimously.
#92-079 - Approving final plat for Norwood Second Subdivision. A 4.93 acre tract of land
located north of 15th Street and east of St. Paul Road. The subdivision provides for 3 single
family home lots and clarifies lot line adjustments concerning a partially vacated right-of-way
deeded to the City. Motion to approve by Sorensen, second by Feaster. Motion carried
unanimously.
#92-080 - Approving final plat for Wrede-Meyer Subdivision. A 11,670 square foot tract of
land located on the north side of Third Street, approximately 32 feet west of Madison Street.
The subdivision provides for two single family home lots. Motion to approve by Sorensen,
second by Feaster. Motion carried unanimously.
#92-081 - Awarding bid for Ashley Park Restroom. Bids have been received for the Ashley
Park Restroom Project which provides for construction of a new handicap restroom accessible
at Ashley Park. Improvements are to consist of stainless steel fixtures, drinking fountain,
changing table and vandal-resistant exterior. Adequate funds have been appropriated in the 91-
92 Budget for this project utilizing the budget amount of $26,000 plus funds remaining in the
other Parks Capital accounts. Johnson had some questions on using donated funds. Paustian
said he had cleared this expenditure with the Barrier Free Playground Committee. Paustian said
if any additional funds were left in the Barrier Free Playground account at the completion of the
playground project those funds would also be utilized for the restroom project. Motion to award
the bid to the low bidder was made by Seifert and seconded by Sorensen. Motion carried
unanimously.
1
I
I)
,,,:>';
Page 6, Regular Meeting, April 6, 1992
#92-082 - Awarding bid for Pole-mount Transformers. Bids were received from four suppliers.
Only one bidder met the specification for the high efficiency units. For the first transformer
type, the low bidder is Wesco. The balance of the transformer types were specified to be
amorphous. Only Husker Electric complied with this bidding requirement. It has been
recommended by the Purchasing and Utilities Department staff that the bid for Item I be awarded
to Wesco and the bids for Items II, III, IV, and V be awarded to Husker Electric. Motion to
approve the recommendation by Sorensen, second by Kuzma. Motion carried unanimously.
#92-083 - Renewal of Contract between Fire Department and Cornhusker Army Ammunition
Plant. The Fire Department, along with three area departments provide fire suppression services
to the Comhusker Army Ammunition Plant. The existing two year contract expires on May 1,
1992. This service is provided at an annual cost of $60,000, or $15,000 to each department.
In addition, each department is compensated for manpower and equipment on an hourly basis.
Motion by Seifert to approve the contract renewal, second by Feaster. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen and Kuzma voted aye.
Shafer abstained. Motion carried.
#92-084 - Approving 1991-1992 Budget Amendment. The Finance Department has compiled
a number of amendments to the Fiscal Year 1991-1992 Annual Budget to reflect the actual and
projected costs associated with various projects and activities. Existing spending authority is
being shifted from various accounts to those accounts determined to have a greater need. The
net appropriation budget is not being increased from the previously approved level. Johnson
expressed concern on using the Sidewalk Improvements funds. Motion to approve by Seifert,
second by Murray. Upon roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Sorensen,
Seifert and Shafer voted aye. Johnson and Kuzma voted nay.
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:
#7796
Gap Paving District on Jay Street from Capital Avenue to Dack Avenue.
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion seconded by Wit. After inviting questions or comments, and there
being none, the Mayor called for a vote on the motion. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Seifert, Shafer and Kuzma voted aye. Feaster and Sorensen voted nay.
1
I
I)
Page 7, Regular Meeting, April 6, 1992
The motion to suspend the statutory rules having been concurred in by three fourths of the City
Council, said motion is declared passed and adopted.
Clerk: Ordinance No. 117796 on its first reading. All those in favor of the passage of said
ordinance on its first reading answer roll call. Upon roll call vote, Hutchinson and Murray.
and Murray voted aye. Wit, Johnson, Neal, Feaster, Sorensen, Shafer and Kuzma voted nay.
Seifert abstained. Motion failed.
This item has been referred to the next study session at which time alternate methods of
surfacing will be discussed.
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that ordinance numbered:
#7797
Sewer Rate Fees
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the ordinance on
its first reading, and then upon its final passage, and call for a roll call vote on each reading and
final passage. Motion seconded by Seifert. After inviting questions or comments, and there
being none, the Mayor called for a vote on the motion. Upon roll call vote, Wit, Murray,
Johnson, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen and Hutchinson voted nay.
Neal abstained. Motion to suspend the rules failed.
Clerk: Ordinance No. #7797 on its first reading. All those in favor of the passage of said
ordinance on its first reading answer roll call. Upon roll call vote, Hutchinson, Wit, Murray,
Johnson, Feaster, Seifert, and Kuzma voted aye. Neal, Sorensen and Shafer voted nay. Motion
carried.
Councilman Hutchinson moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#7800
Rezoning B2 to M2 a tract south of Old Potash Highway immediately west
of Claude Road.
#7801
Rezoning TA to B2 a tract west ofU. S. Highway 281 immediately south
of State Street extended. (Amended)
#7802
Amendment to Zoning Ordinance to eliminate use of crushed asphalt for
required off-street parking and loading facilities.
1
I
I)
;3 t;
Page 8, Regular Meeting, April 6, 1992
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion seconded by Wit.
Mayor: "Any discussion? Anyone in the audience interested in the Ordinances?" There being
none, he called for a roll call vote on the motion. Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7800, #7801 and #7802 on there first reading. All those in favor of
passage, answer roll call. Roll call vote - Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye. None voted nay. Motion carried.
Clerk: Ordinances #7800, #7801 and #7802 on final passage. All those in favor of passage of
said ordinance on their final passage, answer roll call. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted
"No". Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7800, #7801 and #7802 are declared to be lawfully passed and adopted upon
publication as required by law.
CLAIMS:
Motion by Murray, second by Wit, to pay the claims of April 6, 1992 in the amount of
$1,198,596.01. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye. Hutchinson voted nay. Motion carried.
ADJOURNMENT
Meeting was adjourned at 8:20 p.m.
Respectfully submitted,
()l), "" . (1._-'4 Ck/cjc.-6l-<- .<!.Y::t?-.
PVJ ~f'-C f--. ,-.1
Jerenne J. Garroutte
Acting City Clerk
I
I
I
,. "
L; ;)
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
April 6, 1992
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on April 6, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on April 4, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 4: 10 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Sorensen, and Kuzma. The following officials were present: Acting City Clerk
Jerenne J. Garroutte. ~
Motion by Johnson, seconded by Hutchinson to adjourn to Executive Session at 4: 11 p.m. to
discuss a personnel matter. Motion carried unanimously.
Councilman Seifert joined the Council during the Executive Session.
Motion by Wit, seconded by Johnson to reconvene to Special City Council Session at 5: 10 p.m.
Motion carried unanimously.
Councilman Hutchinson commented that he would like to work with the Mayor and
Administrator on a statement to the press regarding some issues that are currently under
consideration by the Council.
Motion by Kuzma, seconded by Johnson, to appoint Hutchinson as the spokesperson, and that
he coordinate anything that he says, with the Mayor and the City Administrator. Motion carried
unanimously.
Meeting adjourned at 5: 14 p.m.
~~~ K~~v~
Jerenne J. Garroutte
Acting City Clerk
)
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
April13, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on April13, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on April 8, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Counci1members Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma. Councilmembers absent: Hutchinson and Wit. The
following officials were present: City Administrator Zachary Zou1, Deputy City Clerk Jerenne
Garroutte, City Attorney Keith Sinor and Public Works Director Wayne Bennett.
Appointment of City Clerk. Motion was made by Seifert, seconded by Murray to approve
Cindy Cartwright as the new City Clerk. Motion carried with Seifert, Murray, Shafer, Feaster,
Johnson and Neal voting aye and Sorenson voting nay. Kuzma was not present at the vote.
Bill Beavers from Shearson Lehman Brothers Inc., presented information regarding the Electric
Utility Debt Restructuring Process. Bond Counsel Richard Pedersen, of the law firm of Baird,
Holm, McEachen, Pedersen, Hamann and Strasheim, of Omaha, Nebraska, was also available
to answer any questions the Counci1members posed.
RESOLUTIONS
#92-085 - To Call Outstanding Electric System Revenue Bonds; 1979 Series. Motion to approve
was made by Johnson, seconded by Murray, carried unanimously.
#92-086 - To Direct Deposit of Funds with Trustee to Provide for Satisfaction of a Portion of
Electric System Revenue Bonds; 1977 Series. Motion to approve was made by Feaster,
seconded by Kuzma. Motion carried unanimously.
ORDINANCES
Councilman Sorensen moved that the statutory rules requiring ordinance to be read by title on
three different days be suspended and that Ordinance numbered -
#7798 - Authorizing issuance of Electric System Revenue Refunding
Bonds, 1992 Series.
I
I
I
)
"
<<C,,.
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City CLerk be permitted to callout the number of the Ordinance on
its first reading, and then upon its final passage, and call for a Roll Call Vote on each reading
and final passage. Council Member Feaster seconded the motion.
Mayor DObesh: "Any discussion? Anyone in the audience interested in the ordinance?" There
being none, he called for a Roll Call Vote on the motion. Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye. Voting nay - none.
Mayor Dobesh: "The motion to suspend the statutory rules having been concurred in by three-
fourths of the City Council, said motion is declared passed and adopted."
City Clerk: "Ordinance #7798 on its first reading. All those in favor of passage of said
ordinance on its first reading, answer roll call." Roll Call Vote - Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Voting nay - none.
City Clerk: "Ordinance #7798 on final passage. All those in favor of the passage of said
Ordinance on its final passage, answer roll call." Roll Call Vote -- Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. None voted n~.
Mayor DObesh: "By reason of the Roll Call Votes on the First Reading and Final Passage of
said Ordinance, Ordinance #7798, is declared to be lawfully passed and adopted upon publication
as required by law.
Motion by Seifert, seconded by Feaster to direct an ordinance be prepared for the April 20, 1992
City COuncil meeting to amend Secion 9-98 of Cable Television Ordinance. Motion carried
unanimously.
Procedures to follow to enforce noncompliance with Cable Ordinance and/or franchise agreement
was discussed at the request of the Cable Television Advisory Committee. Discussion was heard
from Mary Lindholm, a resident of Centennial Towers and from Ron Hoff, local manager of
TCI. Johnson made a motion to table further discussion until the COuncil has specific written
information regarding the alleged noncompliance and after the legal department has had an
opportunity to view this information. Murray seconded the motion. Motion failed with Murray,
Johnson, Neal, Shafer and Kuzma voting aye and Feaster, Seifert and Sorensen voting nay.
Mayor DObesh exercised his option to vote, voting aye. Motion carried.
ORDINANCES
#7797 - Sewer Rate Fees
City CLerk: "Ordinance #7797 on its second reading. All those in favor of the passage of said
ordinance on its second reading, answer roll call." Roll Call Vote - Neal, Feaster, Seifert, and
Kuzma voting aye. Murray, Johnson, Sorensen and Shafer voting nay.
Motion by Neal and seconded by Johnson to approve Ordinance #7797 - Sewer Rate Increase.
Motion failed with Murray, Johnson, Neal, Feaster, Seifert and Kuzma voting aye and Sorenson
I
I
II
and Shafer voting Nay. Johnson made motion to approve Ordinance on second reading, and
Murray seconded motion. Motion carried. Ordinance #7797 will be up for final passage next
week.
DISCUSSION AND INFORMATION ITEMS
The procedure to follow to enforce noncompliance with Cable ordinance and/or franchise
agreement was discussed at the request of the cable television advisory committee. Discussion
was heard from Mary Lindholm, a resident of Golden Age Village and from Ron Hoff, local
manager of TCI. Johnson made motion to table further discussion until the Council has specific
written information regarding the alleged noncompliance and after the legal department has had
an opportunity to view this information. Murray seconded this motion. Motion failed with
Murray, Johnson, Neal, Shafer and Kuzma voting Aye and Feaster, Seifert and Sorenson voting
Nay. Mayor exercised option to vote, voting Aye. Motion carries.
Meeting adjourned at 8:08 p.m.
Respectfully submitted,
f&u>v;u/ !J-91/aN7~
Jerenne J. Garroutte
Acting City Clerk
I
I
I)
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
April 13, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, April 13, 1992. Notice
of this meeting was given in the Grand Island Independent on April 8, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 8: 12 p.m. immediately
following the Special City Council Meeting. The following members were present: Mayor
Dobesh and Council members Murray" Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma. Wit and Hutchinson were absent. The following officials were present: City
Administrator Zachary Zoul, Deputy City Clerk Jerenne Garroutte, City Attorney Keith Sinor
and Public Works Director Wayne Bennett.
City Administrator Zachary Zoul presented plaques on groundbreaking ceremonies for the new
City Hall to Council members Seifert, Johnson, Shafer and Neal.
Regulations Governing Temporary Structures. Craig Lewis, Building Department Director,
provided proposed regulations governing temporary structures. Lewis was asked to provide a
listing of known buildings that would not comply with these regulations. Lewis will have
information available for the next meeting.
Jay Street Surfacing. Wayne Bennett, Director of Public Works, spoke regarding curb and
gutter paving. Three alternatives were recommended to the Council. Johnson requested the third
recommendation for consideration at the April 20, 1992 City Council Meeting. This
recommendation would allow asphalt streets with open ditches to replace existing gravel streets
where the other streets are asphalt with open ditches. Gene McCormick, 709 South
Pleasantview, voiced concern regarding state law that services mu~t be provided to all areas
within one year of annexation. Jaye Kieselhorst of 4080 Cannon Road expressed his concern
regarding the developer's responsibility to gap pave if a development causes a new road.
Request by T. Atkins regarding Police Staffing. Request pulled from agenda per Mr. Atkins.
Parking Regulations and Towing. Councilman Seifert had proposed a change in parking
regulations and towing. Police Chief Watson believes the system in place is working and does
not feel a change is in order. After much discussion, no further action was taken on this issue.
Meeting adjourned at 8:48 p.m.
1eJru>-nL' f ~d-H~
Jerenne J. Garroutte
Acting City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
April 20, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on April 20, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on April 17, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma. Absent: Wit (excused by Mayor). The
following officials were present: City Administrator Zachary Zoul, City Attorney Keith Sinor,
Public Works Director Wayne Bennett, Assistant City Attorney, Lisa Thayer and Acting City
Clerk Jerenne Garroutte.
Pledge of Allegiance was said followed by Invocation given by Reverend Kay Alnor, Trinity
United Methodist Church.
Approval of Minutes: A motion was made by Feaster, second by Shafer, to approve the minutes
of the Special Council Meeting, March 30, 1992, Council Study Session, March 30, 1992,
Special Council Meeting, April 6, 1992, Regular Council Meeting, April 6, 1992, with all
members voting aye, motion carried.
Presentation: Council member Bob Sorensen, on behalf of the Girls Softball Program, presented
an engraved clock to Larry and Norma Trosper in recognition of the many hours of volunteer
service and the great dedication Mr. and Mrs. Trosper have shown for Girls Softball Program.
Proclamations: Mayor Dobesh has proclaimed April 1992 as Parliamentary Law Month, April
20-26, 1992 as The Days of Remembrance of the Victims of the Holocaust, April 28, 1992 as
Workers Memorial Day, April 28, 1992 as National Youth Service Day, May 1, 1992 as A Day
for Altrusa Club.
Board of Equalization: Motion by Hutchinson, second by Murray, carried unanimously to
adjourn to Board of Equalization.
Resolution #92-BE-00l - Determining Benefits and Connection Fee for Water Main Connection
District 398T - North Road to Potash Road. There was no public comment. Motion by Feaster,
second by Sorensen, carried unanimously to approve Resolution #92-BE-001 determining
benefits and connection fee for Water Main Connection District 398T.
I
I
I
Page 2, Regular Meeting, April 20, 1992
Resolution #92-BE-002 - Determining Benefits and Connection Fee for Water Main Connection
District 400T - Claude Road. There was no public comment. Motion by Feaster, second by
Hutchinson to approve Resolution #92-BE-ool determining benefits and connection fee for
Water Main Connection District 400T. Upon roll call vote, Hutchinson, Murray, Johnson,
Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert abstained. Motion carried.
Public Hearing:
Application of Riverside Inn for a Conditional Use Permit to place an entrance sign at 3200
South Locust on Bosselman's Inc. property. A public hearing was held on Riverside Inn's
application for a Conditional Use Permit to place an entrance sign at 3200 South Locust.
Because the size of the sign has changed from the original size given, Craig Lewis, Building
Inspection Department, will prepare an amendment. There was no public comment.
Community Development Investment Application Grant. Jerenne Garroutte, Community
Development Director has prepared a proposal to submit a grant application seeking $100,000
in funds to develop a parking lot on the corner of Third and Kimball to be leased to the YMCA.
Public Participation: Bill Marshall, representing College Park, addressed the Council on the
need for additional funds for College Park. The shortage of approximately $140,000 is due to
College Park having to pay unanticipated sales tax. Mr. Marshall is requesting $17,000 from
the City either by cash refund or by payment in kind. City Attorney, Keith Sinor, stated that
the City can not directly refund the $17,000; the Council would have to look at alternative ways
to participate. Motion by Murray, second by Seifert to place this on the next study session
agenda. Motion carried unanimously.
Requests and Referrals:
Receipt of Official Documents: Motion by Hutchinson, second by Kuzma, carried unanimously
to receive and place on file the following: Official Bonds for the following Pawnbrokers, Grand
Island Loan Shop, Wayne's Pawn Shop, Stewart's Loan and Pawn Shop, and Third Street Pawn
Emporium, Regional Planning Commission Meeting Minutes, April 1, 1992, Community
Development Advisory Committee Meeting Minutes, April 1, 1992. Motion by Kuzma, second
by Shafer, carried unanimously to receive and place on file the Proposed Regional Planning
Commission's Budget for 1992-1993 Fiscal Year.
Request of Riverside Inn for Conditional Use Permit to place Entrance Sign on Bosselman
Property located at 3200 South Locust. This item relates to the aforementioend Public Hearing
and provides for the approval of a Conditional Use Permit for an off premise sign. Motion by
Sorensen, second by Feaster, arried unanimously to approve.
I
I
I
Page 3, Regular Meeting, April 20, 1992
Request for License Agreement for Saint Francis Medical Center to use Public Right-of-way for
Installation of their Fiber Optic Cable. An application was submitted to the City Clerk's Office
for a License Agreement to allow for the burying of a fiber optic cable in the public right of way
from the Saint Francis Medial Center to the Saint Francis Memorial Health Center in the right
of way along the north side of Faidley Avenue. To provide for this, it is necessary to enter into
a License Agreement. Motion by Shafer, second by Kuzma to approve. Upon roll call,
Hutchinson, Murray, Johnson, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Neal
abstained. Motion carried.
Request of Samantha J. Saylor for Manager Application for Svoboda & Henk, Inc., d/b/a
Godfather's Pizza, 1201 South Locust. Motion by Seifert, second by Shafer to approve. Upon
roll call, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye.
Hutchinson voted nay. Motion carried.
Request of March of Dimes Birth Defects Foundation to use city streets for their annual Walk
America on April 25, 1992. Motion by Feaster, second by Shafer to approve. Motion carried
unanimously.
Appointment of Finance Director. Finance Director Robert Hain has submitted his resignation
effective June 1, 1992. His last working day will be May 1, 1992. Mayor Dobesh submitted
to the City Council the appointment of Utility Services Manager Chuck Haase to the position
of Finance Director. There was concern among some Councilmembers as to the process used
to submit Mr. Haase's name to the Council. Many Council members felt a more thorough search
process was in order. Gene McCormick, 707 South Pleasant View Drive and Earl Wilson, 2323
Bellwood Drive, spoke in support of appointing Chuck Haase to the Finance Director position.
Motion by Seifer, second by Sorensen to approve Chuck Haase as Finance Director. Upon roll
call vote, Feaster, Seifert and Sorensen voted aye. Hutchinson, Murray, Johnson, Neal, Shafer
and Kuzma voted nay. Motion failed.
Motion by Sorensen, second by Feaster to appoint Chuck Haase as temporary Finance Director
until a full time Finance Director is appointed. Upon roll call vote, Feaster, Seifert and
Sorensen voted aye. Hutchinson, Murray, Johnson, Neal, Shafer and Kuzma voted nay. Motion
failed .
RESOLUTIONS:
#92-087 - Approving Revised Pole Attachment Fee. The Cable Television Advisory Board has
recommended that the City's pole attachment fee be increased from $3.50 per pole per year to
$4.00 per pole per year. Motion by Shafer, second by Murray, carried unanimously.
I
I
I
Page 4, Regular Meeting, April 20, 1992
#92-088 - Continuing Water Main District 408 - Driftwood Drive, Redwood Road and Maywood
Drive. The City Council acted on March 9, 1992 to create Water Main District 408 for the
purpose of extending water service as requested by property owners located on Driftwood Drive.
State law provides for a 30-day protest period. The protest period ended April 16, 1992, and
no protests from property owners were received. Motion by Shafer, second by Murray, motion
carried unanimously to approve Continuing Water Main District 408.
#92-089 - Awarding Bid for Technical Services for Platte Generating Station Turbine Generator.
One bil was received for engineering services associated with overhaul of a turbine-generator
at the Platte Generating Station Power Plant. General Electric Company submitted a bid of
$56,300. Motion by Shafer, second by Murray, carried unanimously to award the bid to
General Electric Company in the amount of $56,300 for Technical Services for Platte Generating
Station Turbine-Generator.
#92-090 - A warding Bid for Retaining Ring Replacement for Platte Generating Station. One bid
was received for the placement of generator rotor retaining rings on Platte Generating Station
Unit #1. General Electric submitted a bid of $84,150. Motion by Shafer, second by Murray,
carried unanimously to award the bid to General Electric for Retaining Ring Replacement for
Platte Generating Station.
#92-091 - Approving Community Development Investment Grant Application. This matter
relates to the aforementioned public hearing and provides for the submittal of a grant application
to the Nebraska Department of Economic Development for $100,000 in Community
Development Block Grant funds to assist in the development of a Reinvestment Program to
finance a parking lot. Motion by Hutchinson, second by Marry, carried unanimously to approve
authorizing submittal of Community Development Investment Grant Application.
#92-092 - A warding Bid for purchase of Polemount Transformers. Bids have been received for
the purchase of polemount transformers to serve the Utilities Department, Line Division to
replace stock in anticipation of the summer construction season. Fifteen bids were received.
The lowest, evaluated bidder was Cresent Electric in the amount of $21,996.81. Motion by
Seifert, second by Shafer, carried unanimously to award the bid for the purchase of Polemount
Transformers to Cresent Electric in the amount of $21,996.81.
#92-093 - A warding Bid for purchase of Pickup Truck. The Purchasing Department has
contacted the State of Nebraska about the purchase of a one-half ton pickup truck to serve the
Public Works Department, Street and Alley Division. Motion by Murray, second by Kuzma to
award the bid in the amount of $9,890 to H.P. Smith Motors of Omaha, Nebraska. Upon roll
call vote, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye.
Hutchinson voted nay. Motion carried.
I
I
I
Page 5, Regular Meeting, April 20, 1992
#92-096 - A warding Bid for Community Development Sidewalk Project. The Community
Development Department 1991 Comprehensive Grant Program provides for the construction of
approximately 650 lineal feet of sidewalks in the project area of the northeast portion of the
City. Funding is provided through a grant from the Nebraska Department of Economic
Development and matching City funds. One bid was received for this improvement. Mike
Galvan Construction of Grand Island submitted a bid of $3,458. Motion by Murray, second by
Hutchinson, carried unanimously to award the bid in the amount of $3,458 for the Community
Development Sidewalk Project to Mike Galvan Construction of Grand Island.
#92-097 - A warding Bid for Community Development Mowing Contract. The Community
Development Department has under its jurisdiction, 13 residential lots in the northeast portion
of the City. The Department has been contracting for mowing services. Three bids, ranging
from $101 per mowing to $472.95 per mowing, were received for the 1992 season. Motion by
Shafer, second by Hutchinson, carried unanimously to award bid for Community Development
Mowing Contract to Bob's Maintenance of St. Libory in the amount of $101 per mowing.
#92-098 - Awarding Bid for Water Park Paving/Utilities Contract. One bid was received on the
paving and utilities component of the Water Park. The bid from The Diamond Engineering
Company is in the amount of $228,807.58. An alternate bid was submitted in the amount of
$202,682.13. The alternate bid provides for concrete roadways but substitutes a six inch asphalt
pavement surface for concrete in the parking lot. Motion by Seifert, second by Shafer to award
bid for the Water Park Paving/Utilities Contract to Diamond Engineering in the amount of
$202,682.13. Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Seifert, Shafer and
Kuzma voted aye. Feaster and Sorensen voted nay. Motion carried.
#92-099 - Authorizing renewal of agreement for Employee Benefits Consulting with Schumaker
and Company. The City has utilized the firm of Schumaker and Company to provide employee
benefits consulting services associated with Group medical Insurance. The current contract
expired on April 1, 1992. Estimated annual cost is $7,200. Motion by Shafer, second by
Hutchinson, carried unanimously to renew contract to Schumaker and Company for one year for
Employee Benefits Consulting.
#92-100 - Approving Agricultural Lease Agreement with Gerald Arnold and Wayne Arnold for
Land Adjacent to Landfill. The City owns land immediately adjacent to and surrounding the
existing developed landfill. This land has been leased for agricultural purposes pending future
development. The leasee will pay the City $2,200 a year to pasture livestock. Motion by
Hutchinson, second by Murray, carried unanimously to approve Agricultural Lease Agreement
with Gerald Arnold and Wayne Arnold.
I
I
I
Page 6, Regular Meeting, April 20, 1992
#92-101 - Approving Traffic Modifications on Potash Road to three lanes, from Highway 281
west to Claude Road. The public has requested that the traffic control markings on Old Potash
Highway between Highway 281 and Claude Road be modified to provide for three lanes of
traffic instead of two. Motion by Hutchinson, second by Marry, carried unanimously to approve
Traffic Modifications on Potash Road.
#92-102 - Establishing a Policy for Rural Design Asphalt Streets on Existing Gravel Roads. This
item was presented at the April 13, 1992 Study Session. Motion by Johnson, second by
Hutchinson, carried unanimously to establish a Policy for Rural Design Asphalt Streets on
Existing Gravel Roads.
#92-103 - Approving Testimony on the Federal Energy Regulatory Commission Environmental
Impact Statement relative to Platte River Hydro Power Projects relicensing. The Utilities
Department has prepared a proposed statement for submission to the Federal Energy Regulatory
Commission in response to their Environmental Impact Statement relative to the relicensing of
the Kingsley Dam Hydro Power Plant. Motion by Kuzma, second by Murray, carried
unanimously to approve testimony on the Federal Energy Regulatory Commission Environmental
Impact Statement.
#92-104 - Approving Notice to TCI Cablevision regarding Customer Service. The Cable
Television Advisory Board has received a number of complaints from customers relative to their
cable television service. Motion by Seifert, second by Shafer, motion carried unanimously to
authorize a letter from the Legal Department to TCI notifying TCI of the customer service
complaints.
ORDINANCES:
Ordinance #7797 - To amend Sewer Rates. On it's final passage, Hutchinson, Murray, Johnson,
Neal, Feaster, Seifert and Kuzma voted aye. Sorensen and Shafer voted nay. Motion carried.
Council member Sorensen moved that statutory rules requiring ordinances to be read by title on
three different days be suspended and that ordinances numbered:
#7803 - To amend Cable Television Ordinance to delete a portion of Section 9-98
#7804 - To amend Section 8-15 of City Code as it pertains to Temporary Structures
#7805 - To amend Chapter 17 of City Code pertaining to Garbage Collection
#7806 - To amend Chapter 22-52 of City Code Prohibiting Racing on the Streets
#7807 - To amend Chapter 20-4 of City Code pertaining to Shoplifting
I
I
I
Page 7, Regular Meeting, April 20, 1992
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Council member Hutchinson seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Huchinson, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Kuzma
voted aye. Shafer voted nay. Motion carried.
Clerk: Ordinances #7803, #7804, #7805, #7806, #7807 on their first reading. All those in
favor of passage, answer roll call. On roll call vote, Hutchinson, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, and Kuzma voted aye. Shafer voted nay. Motion carried.
Clerk: Ordinances #7803, #7804, #7805, #7806, #7807 on final passage. All those in favor
of passage of said ordinance on final passage, answer roll call. On roll call vote, Hutchinson,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen and Kuzma voted aye. Shafer voted nay.
Motion carried.
PAYMENT OF CLAIMS:
Motion by Hutchinson, second by Murray, carried unanimously to pay the claims of April 20,
1992 in the amount of $1,390,884.81.
ADJOURNMENT:
Meeting was adjourned at 8:48 p.m.
Respectfully submitted,
&/dtl L&JzJr-1JIc?-I-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
May 4, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on May 4, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on May 1, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma. Absent: Wit. The following officials were
present: City Administrator Zachary Zoul, City Attorney Keith Sinor, Assistant Public Works
Director Bud Buettner, Assistant City Attorney, Lisa Thayer and City Clerk Cindy Cartwright.
Invocation was given by Chaplain George Wheat of the Veteran's Administration Medical
Center.
Approval of Minutes - A motion was made by Feaster, seconded by Shafer to approve the
minutes of the Special City Council Meeting, April 13, 1992, Council Study Session, April 13,
1992 and Regular Council Meeting, April 20, 1992, with all members voting aye, motion
carried.
Proclamations. Mayor Dobesh has proclaimed May 1992 as National Sight Saving Month, May
1992 as Dianetics Month, May 6, 1992 as Epsilon Sigma Alpha International Day, May 7, 1992
as National Day of Prayer, May 10-16, 1992 as National Nursing Home Week, May 10-16,
1992 as Nebraska Business and Industry Recognition Week.
REOUESTS AND REFERRALS:
Request of Center Land Company. Inc. for Vacation of Monroe Street between 2nd and 3rd
Streets and a Portion of Alley. Duane Bums of Mayer, Bums and Ahlschwede Law Firm
presented a request on behalf of Center Land Company, Inc. for vacation of Monroe Street
between 2nd and 3rd Streets and a portion of alley. Center Land Company submitted a proposal
to develop a new Food-4-Less grocery store facility in this two block site. The company
reviewed their plans to acquire most of the block east of their current location. Michael Curry,
Vice President of Center Land Company, discussed the company's proposal and answered
questions. Sallie Folsom, 1504 West 2nd Street, voiced her opposition to the street and alley
vacation and asked the City Council to delay action on this request for ninety days. LaBerta
Dewhirst, representing Louise Dewhirst, 214 North Madison Street, also stated her opposition
to the request. Dale Clark, owner of Holtz TV & Stereo, 1524 West 2nd Street, stated Center
Land Company had been very fair in their dealings involving the purchase of his property.
I
I
I
Page 2, Regular Meeting, May 4, 1992
Sam Houston, local realtor, stated that he had attempted to negotiate with both the Folsoms and
Mrs. Dewhirst but had been unable to reach an agreement on the purchase price of their
respective properties. Hutchinson made a motion to place this matter on the agenda for a
Special Council Meeting on May 11, 1992 to allow Councilmembers time to acquire additional
information. Kuzma seconded the motion. Motion carried unanimously.
Request of Central Nebraska Ethnic Festival for Use of Public Streets and Special Desi~nated
Liquor Permit. Dianne Kelley, Downtown Development Director, spoke in regard to the Central
Nebraska Ethnic Festival and reviewed plans for enhanced security associated with the events
which will be held on July 24, 2S, and 26, 1992. Councilmember Johnson expressed opposition
to the beer garden and the preference that the Festival become self supporting without the use
of liquor. Elizabeth Bernal, Project Manager for the Festival, was present to answer questions
and address concerns on the request. Chief Watson stated he was satisfied with the
improvements the Committee had made regarding security and he recommended approval.
Motion by Hutchinson, second by Johnson to approve request. Motion carried with Hutchinson,
Murray, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voting aye and Johnson voting nay.
Request of Harvest of Harmony Committee for Parade Permit. Motion by Hutchinson, second
by Johnson to approve request of Harvest of Harmony Committee for Parade Permit on October
3, 1992. Motion carried with Hutchinson, Murray, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma voting aye and Johnson voting nay.
Request of American Association of Retired Persons for use of public streets. Motion by
Hutchinson, second by Johnson to approve request of American Association of Retired Persons
for use of public streets for "Fun Walk" on June 27, 1992. Motion carried with Hutchinson,
Murray, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voting aye and Johnson voting nay.
Request of American Legion Post #S3 for a Parade Permit. Motion by Hutchinson, second by
Johnson to approve request of American Legion Post #S3 for a Parade Permit on June 27, 1929.
Upon roll call vote, Hutchinson, Murray, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma
voted aye, Johnson voted nay.
Request of Monfort for use of Public Streets for Monfort Stampede SK Run/Walk. Motion by
Hutchinson, second by Johnson to approve request of Monfort for use of Public Streets for
Monfort Stampede SK Run/Walk on May 30, 1992. Motion carried with Hutchinson, Murray,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voting aye and Johnson voting nay.
Request of John B. McDermott for Permission to Conduct Vending Business on Public Streets.
Motion by Hutchinson, second by Johnson to approve request of John B. McDermott for
Permission to Conduct Vending Business on Public Streets. Motion carried. Upon roll call,
Hutchinson, Murray, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye, Johnson
voted nay.
I
I
I
Page 3, Regular Meeting, May 4, 1992
Request of Sabrina M. Ross for Liquor Manager Application for Coastal Mart. Inc. Motion by
Seifert, second by Shafer to approve. Upon roll call Murray, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye, Hutchinson and Johnson voted nay. Motion carried.
Request by Monfort. Inc.. for Damages Associated with Water Supply. A claim filed with the
City Attorney by Ms. P. Kay Norton, Vice President and General Counsel of Monfort, Inc. of
Greeley, Colorado, was presented seeking damages associated with the quality of the municipal
water supplied to the local plant on March 16, 1992. The claim alleges that the water contained
black granular particles. Monfort claimed the particles caused discoloration of their products,
requiring the Company to suspend production at a cost of $29,300.00. Reimbursement from the
City in this amount was requested. Motion by Seifert, second by Shafer to deny claim. Upon
roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted
aye. Sorensen abstained. Motion carried.
Request of Grand Island Super Bowl to Install Septic Tank and Leach Field at 1010 Bismark.
Jerry Ferrell, Jr., General Manager of Grand Island Super Bowl, was present to discuss the
request for installation of septic tank and leach field at 10 10 Bismark. Mr. Farrell stated that
this would be a temporary structure with the intent that as expansion continues, the area would
be connected to the sanitary sewer system. Due to the cost difference of a septic tank versus
City sewer, Super Bowl requested a septic tank. Councilmember Neal asked if there were
provisions in City Code for installation of a septic tank on a temporary basis. Craig Lewis,
Building Inspection Department, stated that at this time there is no provision for a temporary
installation; an amendment would have to be made to the subdivision agreement. Motion made
by Shafer, second by Kuzma to approve Super Bowl's request to install a septic tank and leach
field. Upon roll call vote, Murray, Sorensen, Shafer and Kuzma voted aye, Hutchinson,
Johnson, Neal, Feaster and Seifert voted nay. Motion failed. Johnson made motion to amend
subdivision agreement to allow for temporary installation of septic tank and leach field for a
maximum of two years. Second by Seifert. Motion carried unanimously.
RESOLUTIONS:
#92-105 - Approving Agreement with Environmental Protection Agency relative to Well Access.
A request by the Environmental Protection Agency that the City grant access to public right-of-
way to allow for testing of tetrachloroethylene at the Cleburn well was reviewed. Motion by
Kuzma, second by Hutchinson to approve agreement with Environmental Protection Agency
relative to well access. Motion carried unanimously.
#92-106 - Approving Maintenance Agreement No. 12 with State Department of Roads. A
renewal of a maintenance agreement with State Department of Roads was presented which
provides that the City maintain State Highways 281, 30, 34 and 2, within the City Limits in
return for payment from the State based on the lane miles maintained. Motion by Feaster,
second by Murray to approve Maintenance Agreement No. 12 with State Department of Roads.
Motion carried unanimously.
I
I
I
Page 4, Regular Meeting, May 4, 1992
#92-107 - A warding bid for Sanitary Sewer Project 92-S-7. Downtown Project. Two bids were
received for this project. The low bid of $31,000 by Omni Construction took exception to the
specifications - with regard to providing protection to the Grand Island Daily Independent
building while excavating adjacent to it. The second by Diamond Engineering was found to
comply with contract requirements. Motion by Feaster, second by Murray to award bid for
Sanitary Sewer Project 92-S-7, Downtown Project, to Diamond Engineering in the amount of
$35,000. Motion carried unanimously.
#92-108 - Authorizing use of aerial photogrammetric map-ping by Soil Conservation Service.
The Department of Agriculture, Soil Conservation Service requests use of the new City/County
aerial photos to update the Hall County Soil Survey. Motion by Feaster, second by Murray to
authorize use of aerial photogrammetric mapping by Soil Conservation Service. Motion carried
unanimously.
#92-109 - Accepting Certificate of Final Completion on 91- P-4 Claude Road Proiect. The City
Engineer certified that Diamond Engineering completed the work provided for in the contract
for Street Improvement Project 91-P-4. Motion by Feaster, second by Murray to accept
Certificate of Final Completion on 91-P-4 Claude Road Project. Motion carried unanimously.
#92-110 - Authorizing Sale of Remaining Castle Estate Lots. A recommendation from Mr.
Philip Lorenzen of Kirkpatrick, Pettis, Smith, and Polian, Inc. was presented on behalf of the
secured bond holders relative to the sale of the twenty-four lots in Castle Estates Subdivision.
The proposal provided that sales proceeds go to the bondholders with any surplus funds remitted
to the City. Motion by Neal, second by Johnson to Authorize Sale of lots in Castle Estate
Subdivision. Bid deadline is May 29, 1992, 3 p.m., to be placed on the June 1, 1992 City
Council Agenda. Motion carried unanimously.
#92-111 - Setting Hearing for Annexation of Two Former Industrial Tracts. Pursuant to the
City's request, the County Board acted to remove seven parcels of land from two county
industrial areas. A proposed Annexation Ordinance was reviewed. Motion by Hutchinson,
second by Feaster to Set Hearing for Annexation of Two Industrial Tracts for May 18, 1992.
Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer
voted aye; Kuzma abstained. Motion carried.
ORDINANCES
Councilman Sorensen moved that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that the ordinances numbered:
#7808
To authorize conveyance of Lots 1, 2, and 3, Norwood Second
Subdivision
I
I
I
Page 5, Regular Meeting, May 4, 1992
#7809
To amend Chapter 17, Section 1 of City Code pertaining to definitions of
Garbage
To create Sanitary Sewer District #471 R & B Subdivision and R & B
Second Subdivision
#7810
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Councilmember Seifert seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
Clerk: Ordinances #7808, #7809 and #7810 on their first reading. All those in favor of
passage, answer roll call. On roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma voted aye. Motion carried unanimously.
Clerk: Ordinance #7808, #7809 and #7810 on their final passage. All those in favor of passage
of said ordinances on their final passage, answer roll call. On roll call vote, Hutchinson,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Motion
carried unanimously.
By reason of the roll call votes on the first and final passage of said ordinances, Ordinances
#7808, #7809 and #7810 are declared to be lawfully passed and adopted upon publication as
required by law. Motion carried.
DISCUSSION AND INFORMATION ITEMS:
Jim Sanders, member of the Cable Television Advisory Board, was present to discuss the
Board's continuing concerns with TCI Cablevision, Inc. Mr. Sanders stated that 91 % of the
respondents of a survey indicated dissatisfaction with TCI, and the Board asked that the Council
do something to rectify the situation. The Board recommended that TCI be prohibited from
building or rebuilding their system until all existing franchise requirements have been met. Mr.
Sanders also presented information to the Council on new data that Councilmember Seifert had
acquired during his attendance at the Competitive Cable Association National Conference in
Washington, D.C. John Wagoner, 1710 South Harrison Street, spoke in favor of the action
proposed by the Cable Advisory Board. Assistant City Attorney, Lisa Thayer spoke in regard
to the legal issues associated with the possibility of action against TCl. Motion by Hutchinson
to prohibit TCI from building or rebuilding their system until they have met the requirements
of the current agreement and until the Council is notified by TCI of future increases associated
I
I
I
Page 6, Regular Meeting, May 4, 1992
with the rebuild. Second by Seifert. Johnson made motion to table until a legal opinion is
obtained from an expert in this field. Neal seconded Johnson's motion to table. Upon roll call,
Murray, Johnson, Neal and Kuzma voted aye; Hutchinson, Feaster, Seifert, Sorensen and Shafer
voted nay. Motion to table vote failed.
Vote was called on motion by Hutchinson, second by Seifert, to prohibit TCI Cablevision, Inc.
from building or rebuilding the system until the current franchise agreement is fulfilled. Upon
roll call, Hutchinson, Feaster, Seifert, Sorensen voted aye. Murray, Johnson, Neal, Shafer and
Kuzma voted nay. Motion failed.
Motion by Hutchinson, second by Seifert to instruct City staff to investigate the possibility of
a broad based fiber optic Communications System after receipt of the Municipal Cable System
Feasibility Study. The Communications System, as presented by Mr. Sanders, would have the
capability to provide enhanced service to public safety departments; electric, water and gas meter
readings; traffic light management and control. Upon roll call vote, Hutchinson, Johnson,
Murray, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma abstained. Motion
carried .
ADJOURNMENT TO EXECUTIVE SESSION: Motion by Hutchinson, second by Murray to
adjourn to Executive Session for discussion on personnel matters relative to the Harding Report.
Motion carried unanimously. Paul Hamilton, 305 Cherokee, addressed the Council relative to
the use of sales tax funds. Meeting adjourned to Executive Session at 9:40 p.m.
RETURN TO REGULAR SESSION: Motion made by Shafer, second by Feaster to return to
Regular Council Session at 11:37 p.m. Motion carried unanimously.
PAYMENT OF CLAIMS:
Motion by Feaster, seconded by Sorensen, to pay the claims of May 4, 1992 in the amount of
$956,385.74. Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen and Shafer voted aye, Kuzma voted nay. Motion carried. Kuzma expressed
opposition to payment of Claim #23043 to Harding and Ogborn.
STATEMENT ON HARDING REPORT:
Council President Hutchinson read the following joint statement of the Mayor and City Council
relative to the Harding Report. "The City Council did not authorize the investigation and report
by the Harding and Ogborn firm, but we accept it's findings 100% and find the work to have
been done in a thorough and objective manner. The Mayor and City Administrator have agreed
to put the past behind them. We are concerned about the tremendous amount of time that our
professional City staff has been spending responding to these trivial charges of the Mayor and
some citizens; this is a terrible waste of taxpayer money. We call on the Mayor, City
Administrator, and other City staff to do the jobs for which they were hired. The Mayor and
I
I
I
Page 7, Regular Meeting, May 4, 1992
City Council now wish to extend their vote of confidence to Mr. Zoul." Motion seconded by
Seifert. Upon roll call vote, motion carried unanimously.
Meeting was adjourned at 11:40 p.m.
Respectfully submitted,
~ll< (Jvdu)I(~1Pj
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
May 8, 1992
Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on May 8, 1992 at 5:00 p.m.
Notice of this meeting was given in the Grand Island Independent on May 7, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 5:05 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma. Wit was absent. The following officials were
present: City Attorney Keith Sinor and City Clerk Cindy Cartwright.
Award Bid for Water Park Project. Three bids were received for the Water Park Project. Merit
Construction Company, Inc., Lcnexa, Kansas, was the low bidder with a bid of $1,300,684.
There was a $173,742 difference between Merit and the second bidder, Chief Construction,
Grand Island. As there had been some concern regarding Merit's qualifications, detailed
rcsea.rch w?:s done by the project engineers, Beery Engineering, Inc. and Olsson Associates.
Based on their conversations with staff from other City governments and various project
engineers, ReefY and Olsson found no grounds for disqualifying Merit. The staff submitted
three options to the Council for their consideration. Council member Hutchinson made a motion
to approve Option II. Seifert seconded the motion. Councilmember Murray noted that the
lighting included in Option III would be a benefit to teenagers in that the pool could be open
after dark. Councilmember Feaster expressed his belief that additional money would be
requested in the future for the wave generating equipment. Councilmember Johnson expressed
concern over the loss of value associated with the deletion of the proposed change orders.
Johnson suggested the Project be rebid. Kevin Prior, Olsson Associates, recommended against
a rebid due to the timing and the potential for contractors to not rebid. Parks and Recreation
Director Steve Paustian emphasized that the integrity of the facility will remain and that nothing
in the design will be jeopardized by going with Option It Mr. Paustian also pointed out that
all electrical wiring will be in place so lighting can be added in the future. Upon roll call vote,
Hutchinson, Murray, Neal, Seifert, Shafer and Kuzma voted aye. Johnson, Feaster and
Sorensen voted nay. Motion carried to approve Option II for the Water Park Project and award
bid to Merit Construction Company, Inc. in the amount of $1,300,684. Randy Van Sickle,
Project Manager for Merit Construction Company, was present to answer questions. Mr. Van
Sickle stated he had bid an average of two water park projects each week for the past year and
that this project was one of the best he had seen. He added the water park project will be a nice
addition for Grand Island and stated he plans to use local contractors for as much of the work
as possible.
Meeting adjourned at 5:40 p.m.
Respectfully submitted,
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
May 11, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, May 11, 1992. Notice
of this meeting was given in the Grand Island Independent on May 8, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:58 p.m. immediately
following the Special City Council Meeting. The following members were present: Mayor
Dobesh, Councilmembers Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and
Kuzma. Hutchinson and Wit were absent. The following officials were present: City
Administrator Zachary Zoul, City Attorney Keith Sinor, Public Works Director Wayne Bennett,
Police Chief Watson and City Clerk Cindy Cartwright.
Progress Report on New Sanitary Landfill. Wayne Bennett, Director of Public Works, presented
a progress report on the new sanitary landfill. Our existing sanitary landfill is expected to last
only until approximately October of 1993. There are also new Federal Regulations which take
effect in October 1993 that make it desirable to close our existing Sanitary Landfill before then.
In March 1989, the City Council authorized JMM Consulting Engineers to begin planning and
design for a new Sanitary Landfill. JMM then prepared a site license application for the City
that was forwarded to the Nebraska Department of Environmental Control. The Nebraska
Department of Environmental Control posted a 30-day public notice relative to our license
application in our local paper on March 7, 1992. The 30-day Public Notice has expired. No
comments were received. The Hall County Board held a public hearing during their regular
board meeting on April 28, 1992. No opposition to the landfill was voiced. Bonding will be
required to finance the initial development. General Obligation Bonding can be used to get the
most favorable rates. However, the bonds would be retired by Sanitary Landfill gate fees. The
Public Works Department has made preliminary estimtes of the gate fees necessary for operation
and debt retirement at the new facility. These projections indicate an $8.00 to $10.00 per cubic
yard fee will be necessary. Our current gate fee is $4.00 per cubic yard. Since the gate fees
will be increasing, Mr. Bennett expects the current $10.00 a month residential garbage rate to
increase also.
Speed Limit on Blaine Street South of Stolley Park Road. Council member Shafer had requested
the Public Works Department to investigate the benefits of decreasing the speed limit on Blaine
Street south of Stolley Park Road from an existing 35 miles per hour. Councilmember Shafer
has had citizens ask to have the speed reduced to 25 miles per hour due to the increase in traffic,
bike riders and pedestrians. Public Works Director Wayne Bennett stated that Basic Traffic
Engineering principles were used to set speed limits in Grand Island. In addition, a speed
survey was conducted in the 2000 block of South Blaine on April 22, 1992 at 1:15 p.m.
Seventy-eight percent of the drivers were operating their vehicles over 30 miles per hour.
I
I
I
Page 2, Study Session, May 11, 1992
Mr. Bennett recommended that the existing 35 mile per hour speed limit be retained. He stated
Traffic Engineering studies in both 1982 (when speed limit was increased from 25 miles per
hour) and 1992 confirm this is the proper speed limit. Mr. Bennett stated the 35 mile per hour
speed limit is safe, proper and defensible. Police Chief Watson concurred with Mr. Bennetts
remarks. However, Council member Shafer asked that this matter be put on the agenda for the
May 18, 1992 regular meeting. Councilmember Neal also stated she would like to see this item
on next week's agenda.
Community Warning and Information System Proposal. Marty Callahan of the HollyAnne
Corporation, presented information on a safety alert monitor, indoor warning and community
information system. This system could be made available to all citizens, whether or not they
are cable subscribers. Three options were presented. The costs for these options ranged from
.87/month per household to $1.08/month per household. These models assume 90% of the
homes in Grand Island would be connected.
Meeting adjourned at 8:31 p.m.
Respectfully submitted,
6/!d!; ;(" f!a;JuJ/u~j-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
MAY 11, 1992
Pursuant to due call and notice thereof, a special study session of the City Council of the City
of Grand Island was conducted in the Council Chambers of City Hall on May 11, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on May 8, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer and Kuzma. Absent: Hutchinson and Wit. The following officials
were present: City Administrator Zachary Zoul, Public Works Director Wayne Bennett, City
Attorney Keith Sinor and City Clerk Cindy Cartwright.
Request of Center Land Company. Inc. for Vacation of Monroe Street between 2nd and 3rd
Streets and a portion of alley. Duane Burns, Mayer, Burns and Ahlschwede Law Firm,
representing Center Land Company, Inc., reviewed plans to develop a new Food-4-Less facility.
Food-4-Less President, Stan Schrier, pointed out that a new facility would benefit Grand Island
in several ways, including increased employment and increased tax revenue. Michael Curry,
Vice President of Center Land Company reported Center had been negotiating with Louise
Dewhirst, 214 North Madison Street, and an agreement was expected to be reached. Mr. Curry
also stated a similar offer was made to John and Sally Folsom, 1504 West Second Street, but
the Folsoms had declined the offer. Gene McCormick, 707 South Pleasantview Drive, stated
the City should be reimbursed for the property they are vacating. Attorney Brad Ashford,
representing John and Sallie Folsom, discussed legal concerns of the Folsoms. Sallie Folsom
reiterated her belief that the City should not approve this request. Council member Feaster
pointed out that the City Council should not be involved in property negotiations; the Council's
only business is to consider the vacation of the alley and street. Council member Feaster moved
to approve Resolution #92-118 for vacation of Monroe Street between 2nd and 3rd Streets and
a portion of alley. Seifert seconded motion. Jim Sanders, 218 North Harrison, stated he also
believed the City should receive compensation for the vacation of this land. City Attorney Keith
Sinor reported that since this area was dedicated prior to 1901, the property reverts to the
adjacent owners upon vacation. Regarding vacation of the alley, the law reads if the City
vacates an alley, the property reverts equally to property owners on either side. Roll call vote
was taken, Council voted unanimously to approve Center Land Company's request.
Temporary Extension of Tennis Pro Contract. Councilmember Feaster moved to approve
Resolution #92-113 to extend Tennis Pro Richard Halpin's current contract to June 16, 1992,
as a new contract has not been completed. Second by Johnson. Motion carried unanimously.
Meeting adjourned at 7:53.
Respectfully submitted,
Cindy K. Cartwright
City Clerk
I
I
I
CITY.OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
May 18, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on May 18, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on May 15, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Attorney Keith Sinor, Public Works Director Wayne Bennett
and City Clerk Cindy Cartwright.
Pledge of Allegiance was said followed by Invocation given by Reverend Robert Washington.
APPROV AL OF MINUTES: A motion was made by Murray, second by Neal to approve the
minutes of the Regular Council Meeting, May 4, 1992, Special Council Meeting, May 8, 1992,
Special Council Meeting, May 11, 1992, and Council Study Session, May 11, 1992.
PRESENTATIONS:
City Administrator Zachary Zoul presented plaques commemorating the Groundbreaking
Ceremonies for the new Water Park Project to Councilmembers Hutchinson, Wit and Sorensen.
Alan Sydow of the Grand Island/Hall County Committee on the Bicentennial of the United States
Constitution presented the Council with literature on the Bill of Rights.
PROCLAMATION: Mayor Dobesh proclaimed May 17-23, 1992 as Adult Abuse Awareness
Week.
PUBLIC HEARINGS:
1992-1993 Annual Budget. Mayor Dobesh convened a Public Hearing on the 1992-1993 Annual
Budget. City Administrator Zachary Zoul reviewed the purpose of the hearing and asked for
public input relative to the 1992-1993 Annual Budget. There were no public comments.
Application of Ken Knott for a Conditional Use Permit for a temporary mobile home structure
at 1220 East Capital. Building Director Craig Lewis reviewed an application by Ken Knott for
a temporary mobile home structure, indicating that the request is for a renewal of a current
Conditional Use Permit. There was no public comment on the application.
I
I
I
Page 2, Regular Meeting, May 18, 1992
ApJ>lication of A & L Farm/ Inc. for a Conditional Use Permit for a sand and gravel operation
on Bismark Road. east of Stuhr Road. Building Director Craig Lewis reviewed an application
by A & L Farm, Inc. for a sand and gravel operation, indicating that the request is for a renewal
of a current Conditional Use Permit.
Ap.vlication of Amigos. 3404 West 13th Street for a Class "I" Liquor License. City Attorney
Keith Sinor introduced the following exhibits: Application for a Liquor License filed with
Liquor Control Commission and received by the City Clerk on May 5, 1992; Notice to general
public of date, time, and place of hearing published on May 8, 1992; Notice to applicant of date,
time, and place of hearing mailed on May 6, 1992; Copy of Chapter 4, City Code-Alcoholic
Beverages and Department Reports as required by City Code. Mr. Michael Dreher, Manager,
was present on behalf of the application. No testimony from the public was received.
Proposed Annexation of Former Industrial Tracts. Nelson Helm, Regional Planning Director,
presented information on the annexation proceedings for properties near the intersection of
Highway 281 and Highway 30 and a City tract in the south central part of the City. The City
had requested the Hall County Board remove these parcels from the Industrial Tract designation.
There was no discussion from the audience.
PUBLIC PARTICIPATION:
Gene McCormick, 707 South Pleasantview Drive, spoke on the public's right to participate in
any special or regular meeting.
DISCUSSION AND INFORMATION ITEMS:
Report and Discussion on Finance Director Recruitment. Gene Green, Director of
Administrative Services, presented information on the status of the recruitment process for the
position of Finance Director. He reported that twenty-two applications had been submitted and
advised that the application deadline was May 26, 1992. The next step in the hiring process is
to narrow the field to the top ten candidates and schedule interviews. Mayor Dobesh indicated
that the Council members may view the applications if they so choose.
Report and Discussion on 1992-1993 Annual Budget. City Administrator Zachary Zoul
reviewed the budget process. A proposed budget is expected to be submitted to the Council on
May 26, 1992. Budget workshop dates have been set for the week of May 25, 1992 and for the
week of June 1, 1992. Mr. Zoul indicated that this budget was actually part of a two year fiscal
plan for 1991-1992 and 1992-1993. When the 1991-1992 Budget was adopted, commitments
were made that committed the City to certain costs for 1992-1993 including five major projects:
Water Park Project, City Hall Project, Personnel Compensation Plan, Library Automation and
Improvement Project and Police Car Replacement. In addition, funding is required for the
Grand Isle Heritage Zoo. The Council identified increased police officer staffing as the top
priority for 1992-1993. Several options relative to staff additions were presented to the Council.
Councilmember Sorensen voiced support for the immediate addition of six new police officers.
Councilmember Hutchinson expressed concern that the City may be losing trained police officers
due to non-competitive wages. City Administrator Zoul stated that the Compensation Wage Plan
addressed this issue and that the new wages will be competitive in the labor market.
Council member Johnson made a motion to direct staff to add a minimum of two additional police
officers or three officers, if funds allow, in the 1992-1993 budget.
I
I
I
Page 3, Regular Meeting, May 18, 1992
Hutchinson seconded the motion. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay. Motion carried.
REOUESTS AND REFERRALS:
Receipt of Minutes: Motion by Sorensen, second by Shafer, carried unanimously to receive and
place on file the minutes of the following meetings: Regional Planning Commission, May 6,
1992 and Downtown Improvement Board, April 21, 1992.
Request of Harold Rosenkotter for License Agreement for parking lot paving at 1233 North
Webb Road. Motion by Sorensen, second by Shafer, carried unanimously to approve License
Agreement to allow for the construction of an asphalt pavement surface over a storm sewer
easement.
Request of Capitol Winnelson Company. 721 Oklahoma Avenue. relative for approval of
driveway at comer of South Eddy and Phoenix Street. Motion by Sorensen, second by Shafer,
carried unanimously to approve request to replace a section of curb with a driveway opening
within twenty feet of the intersection at South Eddy Street and Phoenix Street.
Request of Kenneth B. Knox for renewal of a Conditional Use Permit for temporary mobile
home at 1220 East Capital Avenue. Motion by Sorensen, second by Shafer, carried unanimously
to approve renewal of a Conditional Use Permit for temporary mobile home structure.
Request of A & L Farm. Inc.. for renewal of a Conditional Use Permit for a sand gravel
operation on Bismark Road. east of Stuhr Road. Motion by Sorensen, second by Shafer, carried
unanimously to approve request for renewal of a Conditional Use Permit for a sand and gravel
operation.
Request of Amigos for a Class "I" Liquor License at 3404 West 13th Street. Motion by Shafer,
second by Seifert, carried unanimously to approve request of Amigos for a Class "I" Liquor
License. Applicant not present.
Request of Roger D. Moore for Liquor Manager Application for Amigos. 3404 West 13th
Street. Motion by Shafer, second by Seifert, carried unanimously to approve request. Applicant
not present.
Request of Crispin Perales. 1211 East 7th Street. to change from Conventional to Curb
Sidewalk. Motion by Hutchinson, second by Sorensen, carried unanimously to approve request
to change sidewalk from conventional to curb sidewalk.
Approval of Preliminary Study of Jeffrey Oaks Subdivision. Nelson Helm, Regional Planning
Director, presented information on the Jeffrey Oaks Subdivision. Council members expressed
concern with parking and pedestrian traffic around George Park. Councilmember Seifert noted
he would like to see the City acquire additional land south of George Park for future growth and
parking. Wayne Bennett, Director of Public Works, reminded the Council that the subdividers
have redone the subdivision at Council's request. Mr. Helm explained that all lots meet or
exceed current regulations. Motion by Wit, second by Johnson to approve the Preliminary Study
of Jeffrey Oaks Subdivision. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Sorensen, Shafer and Kuzma voted aye. Seifert voted nay. Motion carried.
I
I
I
Page 4, Regular Meeting, May 18, 1992
Ap'proval of Preliminary Study of Toukan Subdivision. Motion by Sorensen, second by Shafer,
carried unanimously to approve Preliminary Study of Toukan Subdivision, a 16.28 acre tract of
land located west of U.S. Highway 281, immediately south of State Street extended.
Approval of Library Board Appointments. Mayor Dobesh, upon recommendation of the Library
Board, submitted the appointments of Mr. William Marsh, Mr. John Brownell, and Mrs.
Elizabeth Petersen to the City Council for consideration for two year terms to the Library Board.
Motion by Seifert, second by Feaster to approve. Motion carried unanimously.
RESOLUTIONS:
#92-114 - Approving Final Plat and Subdivision Agreements for Toukan Subdivision. Mid-
States Enterprises, Inc., of Columbus, Ohio, submitted the final plat for the Toukan Subdivision,
a 4.71 acre tract of land located on the west side of U. S. Highway 281, immediately south of
State Street. Motion by Hutchinson, second by Sorensen, carried unanimously to approve.
#92-115 - Ap'proving Final Plat and Subdivision Agreements for Colonial Estates Ninth
Subdivision. Johnson Cashway Lumber Company of Grand Island submitted the final plat for
the Colonial Estates Subdivision, a three acre tract of land located west of Kennedy Drive on
both sides of Dixie Square, extended. Motion by Hutchinson, second by Sorensen, carried
unanimously to approve.
#92-116 - Approving Final Plat and Subdivision Agreements for N & J Subdivision. Diamond
Plastics Corporation of Grand Island submitted the final plat for the N & J Subdivision, a 3.03
acre tract of land located between U. S. Highway 30 and Reuting Road, immediately east of
North Road. Motion by Hutchinson, second by Sorensen, carried unanimously to approve.
#92-117 - A warding bid for Switch Capacitor Banks. Five bids were received, ranging from
$32,327.88 to $35,329.80. The lowest bid meeting specifications was submitted by WESCO
in the amount of $32,327.88. Motion by Hutchinson, second by Seifert, carried unanimously
to award bid to WESCO.
#92-119 - A warding bid for Installation of Kimball Reservoir Roof. Three bids were received
ranging from $27,439 to $34,285 for improvements to the Kimball Reservoir roof. The low bid
was submitted by Krause Roofing in the amount of $27,439. Motion by Hutchinson, second by
Seifert, carried unanimously to award bid to Krause Roofing.
#92-120 - Awarding bid for Water Storage Tank Painting. One bid was received in the amount
of $147,300 from W. S. Bunch Company. A breakdown of the bid indicated a price of
$110,000 for the Rogers Reservoir and $37,300 for the Platte Generating Station storage tanks.
The bid for the Rogers Reservoir was considerably more than the projected estimate. Therefore,
painting of the Rogers Reservoir was removed from the project. Motion by Hutchinson, second
by Seifert, carried unanimously to award bid to W. S. Bunch Company for painting the Platte
Generating Station storage tanks only in the amount of $37,300.
#92-121 - A warding bid for Construction of Water Main District 406 and Water Main District
408. Two bids were received ranging from $74,620.45 to $84,000. The low bid was submitted
by Diamond Engineering Company in the amount of $74,620.45. Motion by Hutchinson,
second by Seifert, carried unanimously to award bid to Diamond Engineering Company.
I
I
I
Page 5, Regular Meeting, May 18, 1992
#92-122 - Awarding bid for Polemount Transformers. Five bids were received ranging from
$1,132.30 to $1,246.50 per unit. The lowest bid meeting specifications was from Crescent
Electric in the amount of $21,896.21. Motion by Hutchinson, second by Seifert, carried
unanimously to award bid to Crescent Electric.
#92-125 - Awarding bid for Street Improvement Program #1. 1992. Two bids were received
in the amounts of $123,797.98 and $127,721.13 for Street Improvement Program #1, 1992,
which consisted of two petition districts: #1177 - Congdon Avenue from 4th Street to 7th Street;
and #1178 - Poplar Street from 9th Street to 11th Street. The lowest bidder meeting
specifications was Diamond Engineering Company in the amount of $123,797.98. Motion by
Hutchinson, second by Seifert, carried unanimously to award bid to Diamond Engineering.
#92-124 - Designation of U.S. Highway 34 as "Henry Fonda Memorial Highway". Motion by
Hutchinson, second by Murray, carried unanimously to designate a 5.6 mile segment of U. S.
Highway 34 between the Hamilton County Bridge and the intersection of U.S. Highway 281 as
the "Henry Ford Memorial Highway" as a symbol of the community's respect and appreciation
for Henry Fonda's outstanding life achievements.
#92-126 - Approving Loading Zone at northeast comer of Third Street and Elm Street. Motion
by Hutchinson, second by Murray, carried unanimously to approve request of Ron Eakes, for
a Loading/Unloading Zone to be located at the first stall immediately south of the alley on the
east side of Elm Street between 3rd Street and South Front Street.
#92-127 - Setting date for Public Hearing relative to Downtown Improvement and Parking
District. Motion by Hutchinson, second by Kuzma, carried unanimously to set a Public Hearing
date of June 1, 1992 relative to Downtown Improvement and Parking District.
#92-123 - Setting date for Board of Equalization Hearing relative to Downtown Business District
#1. for June 15. 1992. Motion by Hutchinson, second by Kuzma, carried unanimously to set
a Board of Equalization Hearing date for June 15, 1992 relative to the Business Improvement
District #1 to enable the City Council to establish the proposed budget for this district.
#92-128 - Approving License Agreement with Center Land Company. Inc. relative to vacation
of Monroe Street between 2nd and 3rd Streets and a portion of alley. The Center Land
Company, Inc. reviewed a proposal to develop a new Food-4-Less grocery store facility in a two
block site at the comer of Broadwell and Second Street. The specific actions requested of the
City were: 1.) vacation of Monroe Street from 2nd to 3rd and transfer of that property to Food-
4-Less, 2.) vacation of the alley inside the Food-4-Less development and transfer of that
property to Food-4-Less, 3.) permission for driveways closer than 75 feet from the 3rd and
Madison intersection. Motion by Neal, second by Wit to approve license agreement with Center
Land Company, Inc. Upon roll call vote, Hutchinson, Wit, Murray, Neal, Feaster, Seifert,
Sorensen, Shafer and Kuzma voted aye. Johnson abstained. Motion carried.
#92-129 - Approving Reduction of Speed Limit on Blaine Street South of Stolley Park Road.
Motion by Johnson, second by Hutchinson to reject Resolution #92-129 and leave the speed limit
on Blaine Street south of Stolley Park Road at 35 miles per hour. Tina Heinz, 2204 South
Blaine, spoke in favor of reduction of the speed limit. Council member Wit asked for an
estimate on a safety fence/crosswalk for this area. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson and Feaster voted aye. Neal, Seifert, Sorensen, Shafer and Kuzma voted nay.
I
I
I
Page 6, Regular Meeting, May 18, 1992
Mayor voted nay to break the tie. Motion to reject Resolution 92-129 failed. Motion made by
Shafer, second by Sorensen to approve Resolution #92-129 to reduce speed limit on Blaine Street
south of Stolley Park Road to 25 miles per hour. Upon roll call vote, Neal, Seifert, Sorensen,
Shafer and Kuzma voted aye. Hutchinson, Wit, Murray, Johnson and Feaster voted nay.
Mayor Dobesh voted aye to approve the reduction of the speed limit to 25 miles an hour stating
the increased traffic around Kelly Lake and the truck traffic warranted the reduction.
#92-130 - Ap'proving Agreement with Central Sanitation for Receipt and Disposal of Out of
County Waste. Central Sanitation of Central City was given approval at the March 23, 1992
City Council Meeting, to dispose of material from outside Hall County at the Sanitary Landfill.
City Code requires an Agreement to formalize the receipt and disposal of out-of-county waste.
Motion by Hutchinson, second by Neal to approve agreement with Central Sanitation.
Council members expressed interest in verification procedures relative to hazardous materials.
Mr. Bennett, Public Works Director, stated on site inspections are completed at the landfill for
monitoring purposes. Upon roll call vote, Hutchinson, Murray, Johnson, Neal, Feaster, Seifert,
Shafer and Kuzma voted aye. Wit voted Nay and Sorensen abstained. Motion carried.
ORDINANCES:
Peg Bunger, President of the Grand Island Housing Commission voiced support for Ordinance
#7814 - Authorizing Conveyance of Lot 4, Block 2, Nagy's Addition. Habitat for Humanity has
extended an offer to purchase this vacant land located on the southeast comer of 7th Street and
Vine Street for $1. Habitat for Humanity helps provide housing for people not able to obtain
housing through conventional financing. Houses are constructed using donated materials, labor
and money and using specialized contractors where required. Bud Whitaker, President of Board
of Directors for Habitat for Humanity, pointed out that qualified families would be allowed to
purchase the house for its cost to the organization with an interest free loan and by assisting in
the construction. Mr. Whitaker expressed his gratitude to the City for their part in helping this
hope become a reality. Mr. Whitaker also invited the City Council to the groundbreaking
ceremony and the dedication of the home to the family and also requested volunteer assistance
in building the home.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7811
To amend Chapter 7, Sections 3 and 4 of City Code pertaining to
imposition of City Bingo tax
To authorize conveyance of Lot 4, Block 2, Nagy's Addition
To Amend Landfill Rates
To authorize vacation of portion of Monroe Street and alleyway.
To authorize Acceptance of the Animals, Exhibits, and Property of the
Grand Island Area Zoological Society
#7814
#7815
#7816
#7793
be considered for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Council member Hutchinson seconded the motion.
I
I
I
Page 7, Regular Meeting, May 18, 1992
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
Clerk: Ordinances #7811, #7814, #7815, #7816, #7793 on their first reading. All those in
favor of passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Motion carried unanimously.
Clerk: Ordinances #7811, #7814, #7815, #7816, #7793 on their final passage. All those in
favor of passage of said ordinances on their final passage, answer roll call. On roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye. Motion carried unanimously.
By reason of the roll call votes on the first and final passage of said ordinances, Ordinances
#7811, #7814, #7815, #7816, #7793 are declared to be lawfully passed and adopted upon
publication as required by law. Motion carried.
PAYMENT OF CLAIMS:
Mayor Dobesh read the following statement relative to the Harding and Ogborn Report.
"Members of the Council and citizens of Grand Island, I'd like to talk with you regarding the
statement for services submitted to the City by the Law Firm of Harding and Ogborn for the
recent investigation conducted by them. Originally, this investigation was estimated to cost
between $5,000 and $10,000. The investigation was intended to be limited, and provide for
corrections in needed areas. As time went along, however, more and more people became
involved, and made more and more requests of the law firm. Many additional telephone calls
and consultation sessions were required, which greatly added to the expense. The ensuing
circumstances were beyond my or anyone's control, but nonetheless, at this time, I wish to
extend my sincere apology to the taxpayers of Grand Island for the cost of the investigation" .
Motion by Sorensen, second by Feaster to approve claims. Councilmember Hutchinson
abstained from approving Claim #23478 and Council member Seifert abstained from approving
Claim #23380. Councilmembers Kuzma and Neal voiced opposition to payment of Claim
#23647 to Harding and Ogborn. Councilmember Murray questioned the source of funding to
pay Claim #23647. City Administrator Zachary Zoul stated that the most logical funding source
would be from Account 109 which is the General Fund Unallocated Account. Jim Sanders, 218
North Harrison, voiced concern relative to the need for such an investigation and the subsequent
expense of the study. Councilmember Johnson recommended that Claim #23647 be withdrawn
until a funding source is found. This was considered an amendment to Councilmember
Sorensen's motion to approve claims. Upon roll call vote, Murray, Johnson, Neal, Shafer and
Kuzma voted aye to approve claims with Amendment excluding Claim #23647 to Harding and
Ogborn. Hutchinson, Wit, Feaster, Seifert, Sorensen, voted nay to approve claims with
Amendment excluding Claim #23647 to Harding and Ogborn. Mayor Dobesh cast his vote
against the amendment, breaking the tie. Original motion by Sorensen, second by Feaster to
approve entire claims was voted upon. Upon roll call vote, Hutchinson, Wit, Johnson, Feaster,
Seifert, Sorensen, Shafer voted aye to approve claims. Murray and Kuzma voted nay. Neal
abstained. Motion carried to approve claims in the amount of $22,364,255.09.
Page 8, Regular Meeting, May 18, 1992
ADJOURNMENT:
I Meeting adjourned at 8:55 p.m.
Respectfully submitted,
&v:i~ < 6Utjzulu9M~
Cindy K. Cartwright
City Clerk
I
I
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
May 26, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Tuesday, May 26, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on May 22, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:05 p.m. The following
members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Neal, Feaster,
Seifert, Shafer and Kuzma. Absent were: Hutchinson and Sorensen. The following officials
were present: City Administrator Zachary Zoul, City Attorney Keith Sinor, Public Works
Director Wayne Bennett and City Clerk Cindy Cartwright.
Presentation of Proposed 1992-1993 Budget. City Administrator Zachary Zoul presented the
Council with copies of the Proposed Fiscal Year 1992-1993 Annual Budget. Mr. Zoul stated
that when the 1991-1992 Annual Budget was presented on June 24, 1991, that budget was, in
reality, a fiscal plan for two years. The proposed Fiscal Year 1992-1993 Annual Budget seeks
to carry out plans initiated one year ago. Two major capital improvement projects, the new City
Hall and the Water Park Project, have been funded over this two year period. The budget
provides for an appropriation sufficient to fund that portion of the $1,950,000 Water Park
Project budget that will not be expended in Fiscal Year 1991-1992. An additional $260,947 is
provided for the addition of wave generation equipment and exterior pool lighting, two priority
items that were omitted from the initial contract. In addition, the budget provides for an
appropriation sufficient to fund that portion of the $4,564,715 City Hall Project Capital
Improvement Budget that will not be expended in Fiscal Year 1991-1992. Mr. Zoul pointed out
that City services, as well as Public Safety Services, have increased to reflect increased
population and development and changing citizen expectations. The budget provides for three
additional police officer positions. In addition, the budget also provides for the replacement of
the fleet of twelve police patrol vehicles and one unmarked vehicle. The 1992-1993 Budget
holds the line on property taxes. The property tax asking is $4,993,275. This compares to the
1991-1992 level of $4,755,500, amounting to a 5% increase. Given increased valuation, the
actual increase in the tax rate will be less. Sales Tax Revenue for 1992-1993 is projected at
$4,200,000, a $400,000 increase over the amount budgeted in Fiscal Year 1991-1992, but an
amount consistent with actual receipts, which are projected at $4,003,259 for Fiscal Year 1992-
1992. It was noted that without the sales tax, property taxes would have to be 84% higher in
order to support the budget. The Wastewater Fund reflects a 10% increase in sewer rates
effective August 1, 1992. The 1992-1993 budget provides for a major facility expansion at the
Municipal Landfill. During Fiscal Year 1992-1993, the City will close the existing landfill and
expand into the adjacent 320 acre site. The new landfill will have a 45 year capacity. The
improvements at the landfill will be undertaken at a cost of $4,500,000 and will require a staff
of 10 full-time employees. The Landfill Fund reflects an increase in gate fees effective July 1,
I
I
I
Page 2, Study Session, May 26, 1992
1992. The Water Fund incorporates an increase in water rates intended to generate, at the
minimum, an additional $250,000 in water system revenue. A significant component of the
Water Fund budget is an appropriation of $150,000 for the development of a Hydrological
Study. This plan is intended to study the Platte River and our Well field as they relate to our
long-term water supply requirements. An appropriation of $140,000 is provided for the Library
Automation Project. The automation expense will be the first phase of a two year project. The
Capital Improvement Fund budget contains an appropriation of $100,000 for the City's share of
either the Burlington Northern Elevated Railroad or the Capital Avenue Underpass Project.
Beginning August 1, 1992, the Grand Isle Heritage Zoo will be owned and operated by the City.
The City will need to provide a first year subsidy of $50,000 in the form of payment to the
Zoological Society. Furthermore, City assistance will be provided in the form of certain in kind
services and by the ability of the Zoological Society to reduce certain overhead costs such as
insurance.
Mr. Zoul concluded by stating that the budget is designed to reflect the priorities, policies and
goals of the Mayor and City Council and is intended to address community needs. Mr. Zoul
thanked the Department Directors and administrative and support staff for their assistance in the
preparation of the budget.
Keno. Steve Schatz, Tax Law Conferee, with the Charitable Gaming Division of the
Department of Revenue, presented information on the City Council's options relative to keno
in Grand Island. Mr. Schatz stated that because keno was approved by Hall County voters, the
County can operate keno anywhere within the County with one stipulation: any city within that
jurisdiction can tax, regulate or prohibit the lottery from being played. Mayor Dobesh suggested
the establishment of a joint committee of Hall County Supervisors and City Councilmembers.
Councilmember Neal questioned the City's ability to restrict keno in Grand Island. Mr. Schatz
explained that the City could, by ordinance, prohibit keno within City limits or could set limits
or guidelines regarding the number of operations or location of operations. Mr. Schatz
explained that of the total keno money wagered, 65 % MUST be returned to players (Mr. Schatz
indicated that a return of 72 % is more commonly used when determining percentage of revenue
available), no more than 14% can be applied to operating expenses, 2% is allocated to State tax,
and 2% is allocated to the Racing Commission. Using the suggested return of72%, there would
be a profit margin of approximately 10% profit for the City/County. Councilmember Kuzma
inquired as to the effect a Statewide Lottery might have on keno. Mr. Schatz explained the two
points of view on this: 1) There are only so many gambling dollars available and the more
gambling choices, the less profit each realizes; 2) The State lottery will not compete with keno.
Mr. Schatz believes the State Lottery, instant win (scratch off) or on line lottery (similar to
Lotto America) and keno could coexist without adversely affecting the other. When asked about
anticipated revenue, Mr. Schatz stated that it is not possible to predict the amount of revenue
keno will generate. Margaret Landis, Hall County Supervisor and several Council members
spoke in favor of the establishment of a joint City/County Keno Committee.
I
Page 3, Study Session, May 26, 1992
Fiber Optic Communication Network. Councilmember Neal stated that the concerns she had
relative to a Fiber Optic Communication network have been alleviated and she did not feel the
need for further discussion.
Guidelines for Cable Advisory Board. Councilmember Neal expressed interest in the
establishment of guidelines for the Cable Advisory Board. Councilmember Neal suggested the
following: 1) All requests of the Cable Advisory Board be discussed at Study Session prior to
Regular Council meeting; 2) Cable Advisory Board, or Assistant City Attorney on the Board's
behalf, to check existing ordinances and franchise agreement before making proposals; 3)
Enhance mediation efforts. Jim Sanders, 218 North Harrison, who is a member of the Cable
Advisory Board, believes there has been miscommunication regarding the responsibilities of the
Cable Advisory Board. Councilmember Seifert questioned the fact that the Cable Advisory
Board was the only Board with Council established guidelines. Councilmember Kuzma stated
she would like to see the Board comply with standard committee protocol. Assistant City
Attorney Lisa Thayer stated she had informed the Cable Advisory Board they could mediate with
customers but no action could be taken without City Council approval. John Wagoner, 1710
South Harrison, asked that the Council provide a clear indication of what is required of the
Cable Advisory Board. Mr. Wagoner stated his belief that the people expect action to be taken
regarding their concerns relative to cable television.
I Adjournment. Meeting was adjourned at 8:58 p.m.
Respectfully submitted,
bfitq J( 6JJ/I)A~fj,ki-
Cindy K. Cartwright
City Clerk
I
I
I
(
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION
May 28, 1992
Pursuant to due call and notice thereof, a Special Study Session of the City Council of Grand
Island was conducted in the Council Chambers of City Hall on Thursday, May 28, 1992. Notice
of this meeting was given in the Grand Island Daily Independent on Thursday, May 28, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:07 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster
and Kuzma. Absent were: Hutchinson, Seifert, Sorensen, and Shafer. City Officials present
were: . City Administrator Zachary Zoul and City Clerk Cindy Cartwright.
Proposed 1992-1993 Annual Budget. Earl Wilson, 2323 Bellwood Drive, expressed concerns
with the Proposed 1992-1993 Annual Budget. City Administrator Zachary Zoul noted that a
Public Hearing will be held with respect to the Budget on June 1, 1992, at which time input
from the Public will be heard. Councilmembers asked questions regarding the increase in
employee insurance rates, the change in the Community Development personnel allocation and
budget, addition of a Park Superintendent to replace a Maintenance Worker II position for the
Parks and Recreation Department, and the possibility of live broadcasts of City Council
meetings. Councilmember Johnson inquired as to the source of the donation of an ambulance
several years ago and questioned the possibility of an additional donation. Councilmembers
asked the Finance Department to determine the reason balances remained in the Social Security
Fund #203, Employee General Pension Fund #204, and Employee Insurance Agency Fund #209.
Larry Fox, Accounting Manager, and Chuck Haase, Utility Services Manager, provided
information on these funds. Mr. Fox stated that Fund #203 has a balance of $173,878.13. This
Fund was used to remit employee FICA withholdings only. In Fiscal Year 1990-1992, both the
employer and employee share of FICA was paid out of Fund #203. The 1991-1992 Budgetfor
Fund #203 also provided for both the employer and employee share of Fica. However, only the
employee's share is to be paid out of Fund #203. The employer share of FICA is expended in
the individual departments. Fund #204, the Employee General Pension Fund, with a balance
of $316,583.97, is used to remit the employee withholding pension contributions for all
employees except Police and Fire personnel. The withholdings are not an expenditure to the
City of Grand Island. In Fiscal Year 1990-1991, both the employer and employee pension
contributions were paid out of Fund #204. The 1991-1992 Budget for Fund #204 also provided
for both the employer and employee pension contributions. However, only the employee
withholding pension contribution is paid out of Fund #204 for Fiscal Year 1991-1992. The
Employer contributions are expended to the individual departments. Mr. Fox added that the
Employee Insurance Fund, Fund #209 with a balance of $296,381.00, is used to remit employee
contributions for COBRA Health, Supplemental Life and Cancer insurance premiums. This fund
is merely an agent which withholds funds from employees, receives funds directly from
(
I
(
I
I
Page 2, Study Session, May 28, 1992
employees or the Health Department and remits these funds directly to insurance companies for
premium payment. In Fiscal Year 1990-1991, all insurance was paid out of Fund #209. The
1991-1992 budget for Fund #209 provided for the payment of all insurance as well. However,
only COBRA Health, Supplemental Life and Cancer insurance are paid out of this fund which
is then reimbursed by the individual employee. The insurance that the City of Grand Island
provides for its employees is now expended to the individual departments. City Administrator
Zoul stated that the balance of these three funds could be transferred to the Capital Improvement
Fund. This would provide an option to the plan to transfer funds from the Utility Department
to the Capital Improvement Fund as had previously been proposed.
Adjournment: 9:04 p.m.
Respectfully submitted,
u~ I( tbJJv;,1'~ .
Cindy K. Cartwright
City Clerk
~.
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
May 30, 1992
Pursuant to due call and notice thereof, a special study session of the City Council of the City
of Grand Island was conducted in the Council Chambers of City Hall on May 30, 1992. Notice
of the meeting was given in the Grand Island Daily Independent on May 28, 1992.
Mayor Dobesh called the meeting to order at 9:00 a.m. The following members were present:
Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Shafer and Kuzma. Absent were:
Hutchinson, Seifert, Feaster, and Sorensen. City Officials present were: City Administrator
Zachary Zoul and City Clerk Cindy Cartwright.
Proposed 1992-1993 Annual Budget. Steve Paustian, Director of Parks and Recreation, Howard
Maxon, Director of Communications/Civil Defense, Wayne Bennett, Director of Public Works,
and Bud Buettner, Assistant Director of Public Works answered questions relative to their
respective departments. Larry Fox, Accounting Manager and Chuck Haase, Utility Service
Manager, answered questions regarding the excess revenue in Funds #203, #204, and #209. The
consensus of the Council was to transfer the unencumbered fund balances in Funds #203, #204,
and #209 to the Capital Improvement Fund. Councilmembers also expressed their desire to
pursue a declaratory judgement with the District Court relative to the appropriation of a transfer
of Utilities Funds to the Capital Improvement Funds to support the cost of the new City Hall
which are directly attributable to the Utilities functions. Councilmember Shafer inquired as to
the proposed admission charges to the Water Park. It was noted that no decision has been made
yet relative to admission charges or the possibility of a payment plan. Councilmember Murray
suggested a change be made in the budget format which would make it easier to track fund
transfers.
City Administrator Zoul stated an amendment to the budget will be prepared to be available for
the Regular Council Meeting on June 1, 1992.
Adjournment. Meeting was adjourned at 11:14 a.m.
Respectfully submitted,
~4 z(!mtPAJ/u~---
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
June 1, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on June 1, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on May 29, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen and Shafer. Kuzma was absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith
Sinor and Public Works Director Wayne Bennett.
APPROVAL OF MINUTES: A motion was made by Sorensen, second by Shafer to approve
the minutes of the Regular City Council Meeting, May 18, 1992. Motion carried unanimously.
PRESENTATION:
Councilmember Seifert presented a Certificate of Appreciation to Mrs. Cece Meyer in
recognition of her contributions to the Junior City Council Program. A motion was made by
Seifert, second by Sorensen and carried unanimously to endorse the Junior City Council
Program.
PROCLAMATION:
Mayor Dobesh proclaimed June 14, 1992 as National Flag Day.
PUBLIC HEARINGS:
Proposed Fiscal Year 1992-1993 Annual Budget. Paul Hamilton, 305 Cherokee, requested
clarification on information contained in the budget. John Wagoner, 1710 South Harrison,
expressed the need for increased public information relative to the budget. Arlene Nelson, 3127
Woodridge Boulevard, commended the Council and staff on the extensive work required for
preparation of the Proposed 1992-1993 budget. Mrs. Nelson provided information on
Legislative Bill #672 relative to Firefighter and Police Pension Funds and property tax levy
limitations.
Proposed 1992-1993 Property Tax Levy. No testimony from the public was received.
I
I
I
Page 2, Regular Meeting, June 1, 1992
Tax Levy for Downtown Improvement and Parkin~ District. Louise Miller, 1104 West Charles,
questioned if there would be an increase in the tax. Robert Thomas, Acting Finance Director,
informed Mrs. Miller that there would be no change in the amount of taxes.
Application of Coffin's Comer. 715 South Locust. for a Class "B" Liquor License. City
Attorney Keith Sinor introduced the following exhibits: Application for a Liquor License filed
with the Liquor Control Commission and received by the City Clerk on May 8, 1992; Notice
to general public of date, time and place of hearing published on May 21, 1992; Notice to
applicant of date, time, and place of hearing mailed on May 11, 1992; Copy of Chapter 4, City
Code-Alcoholic Beverages and Department Reports as required by City Code. Larry Coffin,
owner, was present. No testimony from the public was received.
Application of Glass Bar. 375 North Lincoln. for a Class "c" Liquor License. City Attorney
Keith Sinor introduced the following exhibits: Application for a Liquor License filed with the
Nebraska Liquor Control Commission and received by the City Clerk on May 8, 1992; Notice
to general public of date, time and place of hearing published on May 21, 1992; Notice to
applicant of date, time and place of hearing mailed on May 11, 1992; Copy of Chapter 4, City
Code-Alcoholic Beverages and Department Reports as required by City Code. Mark Johnson,
owner of Glass Bar and his attorney, Mike Kneale, were present to answer questions.
Councilmember Hutchinson asked if the violation relative to use of extension cords as noted
during the Building Department inspection had been corrected. Mr. Johnson stated that this
violation had been corrected.
PUBLIC PARTICIPATION:
Ted George, 2722 Stewart Drive, informed the Council of his desire to have a monument
erected in George Park in memory of his wife. Mr. George also inquired s to the possibility
of installation of a sign at the entrance of George Park. Steve Paustian, Parks and Recreation
Director, stated funds had been appropriated in the 1992-1993 Budget for improvements for the
City parks but no specific allocations had been determined at this time.
Louise Miller, 1104 West Charles, suggested the Council research the significance of the gold
fringe on the American flag which is displayed in the Council Chambers. Mrs. Miller indicated
the fringe may need to be removed.
Paul Hamilton, 305 Cherokee, inquired as to the anticipated life of the new landfill. Wayne
Bennett, Director of Public Works, stated that based on anticipated usage, the landfill is expected
to last 45 years.
Mayor Dobesh called for a five minute recess at 7:58 p.m. Meeting reconvened at 8:03 p.m.
I
I
I
Page 3, Regular Meeting, June 1, 1992
DISCUSSION AND INFORMATION ITEMS:
Jeff Benson of BRW, the consultant for the City on the Comprehensive Plan and Transportation
Study, presented information on the Preliminary Draft of the Grand Island Comprehensive Plan.
Mr. Benson identified the Transportation Improvement Project Implementation Staging in three
phases: Short-term (1 to 5 years), Mid-Term (6 to 10 Years) and Long-Term (11 to 20 Years).
The plan identified city street efficiencies and deficiencies - capacity and continuity. A list of
recommended changes was submitted. Projected costs for the short term improvements were
estimated at $5 million. Mr. Benson stated that a newsletter summarizing the Comprehensive
Plan will be mailed out in June. Councilmember Sorensen questioned the need for a four lane
highway on Webb Road. Councilmember Johnson inquired as to whether the physical condition
of Clark Street would support increased traffic if the proposal to make Clark Street and Eddy
Street opposing one way streets was adopted. Public Works Director Wayne Bennett stated that
Clark Street would be able to handle the increase in traffic. Nelson Helm, Regional Planning
Commission Director, informed the public that the primary issue he had received public input
on was for the formation of a public transportation system. Mr. Benson indicated the need to
incorporate existing individual transportation systems into any mass transit system plans. Doing
this could allow the City access to federal funding.
Proposed Fiscal Year 1992-1993 Annual Budget. City Administrator Zoul presented Addendum
#1 to the Proposed Fiscal Year 1992-1993 Annual Budget. Included in Addendum #1 was the
provision for the transfer of the unencumbered $786,000 from the Social Security Fund,
Employee General Pension Fund and the Employee Insurance Fund, and the Employee Insurance
Fund into the Capital Improvement Fund. Council member Sorensen spoke regarding the benefits
of having an outside committee review the City's budget. Councilmember Neal suggested the
budget format show the cross referencing of capital improvement items to the individual
department budgets. Councilmember Hutchinson addressed the need for a Public Information
Officer to coordinate the release of information to the public. Councilmember Neal asked that
the Council consider the appropriation of funds to the Family Violence Coalition.
REOUESTS AND REFERRALS:
Request of Coffin's Corner for a Class "B" Liquor License at 715 South Locust. Motion by
Feaster, second by Shafer, carried unanimously to approve request.
Request of Larry D. Coffin for Liquor Manager Application for Coffin's Comer. 715 South
Locust. Motion by Neal, second by Feaster, carried unanimously to approve request.
Request of Glass Bar for a Class "C" Liquor License at 375 North Lincoln. Motion by Shafer,
second by Murray, carried unanimously to approve request.
I
I
I
Page 4, Regular Meeting, June 1, 1992
Request by Mark Johnson for Liquor Mana~er Application for Glass Bar. 375 North Lincoln.
Motion by Feaster, second by Shafer, carried unanimously to approve request.
Request of Candelario Ramirez for Permission to Conduct V endin~ Business on Public Streets.
Motion by Johnson, second by Feaster to approve request of Candelario Ramirez for Permission
to Conduct Vending Business on Public Streets. Councilmember Sorensen asked that the
vendors be informed of the areas they are allowed to conduct their vending business. Upon roll
call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye.
Hutchinson voted nay. Motion carried to approve request.
Approval of A~pointments. Motion by Wit, second by Johnson, carried unanimously to approve
Glen Murray as the City of Grand Island's representative to the Nebraska Municipal League
Legislative Committee; and Mayor Dobesh, Councilmember Seifert, Council member Feaster,
and City Attorney Keith Sinor to the City-County Keno Committee.
Request of Riverside Golf Club to hold Fireworks Display on July 4. 1992. The Riverside Golf
Club submitted a request to approve July 5,1 992 as an alternate date for a fireworks display.
Motion by Sorensen, second by Seifert, carried unanimously to approve the request of Riverside
Golf Club for July 5, 1992 as an alternate date for a fireworks display.
Receipt of Minutes: Motion by Hutchinson, second by Wit, carried unanimously to receive and
place on file the minutes of the following meetings: Downtown Improvement Board, May 19,
1992 and Civil Service Commission, May 26, 1992.
RESOLUTIONS:
#92-131 - A wardin~ bid for One Ton Dump Truck. The Purchasing Division presented bids for
the purchase of a one ton dump truck to serve the Parks and Recreation Department. Three bids
were received ranging from $15,937.50 to $16,406. The low bid was from Hamilton Chevrolet
of Grand Island in the amount of $15,937.50. The Parks and Recreation Department Budget
contained an appropriation for $12,000 for this purchase. It was indicated that the balance of
$3,937.50 would be funded by Fund 150 of the Parks and Recreation Department. Motion by
Seifert, second by Hutchinson, carried unanimously to award the bid to Hamilton Chevrolet.
#92-132 - Awardin~ bid for Brush Chipper. The Purchasing Division presented bids for the
purchase of a Brush Chipper to serve the Parks and Recreation Department. Three bids were
received ranging from $10,736 to $14,481. The low bid was submitted by Nebraska Tractor
and Equipment of Grand Island. Motion by Seifert, second by Hutchinson, carried unanimously
to award bid to Nebraska Tractor and Equipment.
#92-133 - A warding bid for Okonite Cable. The Purchasing Division presented bids for the
purchase of Okonite Cable to serve the Utilities Department, Electric Division. Two bids were
received ranging from $15,597 to $15,658.59. The low bid was submitted by Wesco of Grand
I
I
I
Page 5, Regular Meeting, June 1, 1992
Island. Motion by Feaster, second by Seifert, carried unanimously to award bid to Wesco.
#92-134 - A warding bid for Electric Distribution System Hardware. The Purchasing Division
presented bids for the purchase of miscellaneous hardware to serve the Utilities Department,
Electric Division. Four bids were received for the twenty different line items. Dutton-Lainson's
low bid of$2,355.50 for five of the miscellaneous line items was awarded by purchase order
since the amount was under the $10,000 limit set in the Procurement Code. The two bids
meeting specifications for the balance of items were submitted by Husker Electric of Lincoln in
the amount of $11,316.06, and Wesco of Grand Island in the amount of $17,306.50. Motion
by Feaster, second by Sorensen, carried unanimously to award bids to Husker Electric and
Wesco.
#92-136 - Awarding bid of Water main Proiect 92-W-9. The Utilities Department presented bids
for Watermain Project 92-W-9 which provides for the extension of a watermain under Highway
281 to serve the westerly extension of State Street. Two bids were received, ranging from
$25,092 to $29,450. The low bid was submitted by Omni Construction Company. Motion by
Feaster, second by Seifert, carried unanimously to award bid to Omni Construction.
ORDINANCES:
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7813
Amending Section 13-3 of the Grand Island City Code as it pertains
to Downtown Improvement and Parking District
Annexing Two Former Industrial Tracts
#7818
be considered for passage on the same day upon reading by number only, and then placed on
final passage and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Councilmember Hutchinson seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
Clerk: Ordinances #7813 and #7818 on their first reading. All those in favor of passage,
answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, and Shafer voted aye. Motion carried unanimously.
Clerk: Ordinances #7813 and #7818 on their final passage. All those in favor of passage of
said ordinances on their final passage, answer roll call. On roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Motion carried
unanimously.
I Page 6, Regular Meeting, June 1, 1992
By reason of the roll call votes on the first and final passage of said ordinances, Ordinances
#7813 and #7818 are declared to be lawfully passed and adopted upon publication as required
by law. Motion carried.
PA YMENT OF CLAIMS:
Motion by Wit, second by Murray to approve claims in the amount of $28,275,831.19. Wit,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Hutchinson voted nay.
Motion carried.
ADJOURNMENT:
Meeting adjourned at 9:43 p.m.
Respectfully submitted,
{
I
turzab;j l\ C!/uuZdAc~
Cindy K. Cartwright
City Clerk
I
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
June 8, 1992
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on June 8, 1992. Notice of
the meeting was given in the Grand Island Independent on June 5, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma. City Officials present were: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, Director
of Public Works Wayne Bennett.
APPROVAL OF MINUTES: A motion was made by Shafer, second by Sorensen, carried
unanimously to approve the Minutes of the Council Study Session, May 26, 1992, Council Study
Session, May 28, 1992, Council Study Session, May 30, 1992.
RESOLUTIONS:
#92-137 - Approving Of Tennis Professional Contract. The two year contract between the City
and Tennis Professional Richard Halpine expired on May 15, 1992. The City Administrator,
Parks and Recreation Director, and City Attorney have worked with Richard Halpine in the
intervening months to develop a proposed contractual arrangement whereby Richard Halpine
would operate and manage the Tennis Center in a fashion very similar to that performed by the
Golf Professional at the Municipal Golf Course. Councilmember Johnson inquired if there had
been any further discussion with the Tennis Advisory Board. Parks and Recreation Director
Steve Paustian stated that the consensus supported by the ad hoc committee was to develop a
contract that more clearly defined responsibilities and eliminated the areas of overlapping duties
and the resulting potential for conflict. Motion by Shafer, second by Johnson to approve Tennis
Professional Contract. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Sorensen, Shafer and Kuzma voted aye. Seifert voted nay. Motion carried to approve the
Tennis Professional Contract.
#92-138 - Approving of Plat/Subdivision Agreement for Jeffrey Oaks. At the May 18, 1992
City Council Meeting, the City Council approved the preliminary plat and study for Jeffrey Oaks
Subdivision, a 56 acre tract of land locate between Westridge School and George Park from
North Road to Independence A venue. The developer has submitted a final plat for Phase I of
the subdivision which provides for 32 single family residential lots with lot sizes ranging from
9,035 to 11,768 square feet located on 8.61 acres on thejouthwest comer of the tract. Motion
by Johnson, second by Hutchinson to approve the pla{ and subdivision agreement for Jeffrey
Oaks. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer
I
I
I
and Kuzma voted aye. Seifert voted nay. Motion carried to approve.
#92-139 - Acceptance of Council member Resignation. Councilmember Mike Hutchinson has
submitted his resignation as Councilmember from Ward 5 effective Tuesday, June 30, 1992.
Motion by Sorensen, second by Feaster to accept Councilmember Hutchinson's resignation. Earl
Wilson, 2323 Bellwood Drive, questioned Council member Hutchinson's legal residence since
Council member Hutchinson's home is sold and his phone has been disconnected.
Council member Neal stated that Council member Hutchinson has served the City of Grand Island
well and his work is appreciated. City Attorney Keith Sinor stated that the issues Mr. Wilson
took exception to Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Seifert,
Shafer and Kuzma voted aye. Hutchinson abstained. Motion carried.
#92-140 - Adoption of Fiscal Year 1992-1993 Annual Budget. Gene McCormick, 707 South
Pleasantview, voiced concern with the 1992-1993 Annual Budget. Mr. McCormick questioned
the Council's authority to move funds from the utility budget, believes that the contingency funds
are too high, questioned where the money was coming from for the landfill, detected errors in
the mathematical calculations. City Administrator Zoul responds indicated that the
unencumbered funds are surplus funds for which there is no purpose. The purpose for those
funds in that account do not exist. These funds would have been shown as part of the fund
balance in the 1991-1992 Budget. Additionally, there are contingency accounts in several funds.
Because there is no way to predict everything that will come up in 1992-1993, contingency
accounts are necessary and in fact, essential. There is no requirement for an election for the
issuance of landfill bonds or any enterprise bonds. Was not able to respond to the comments
on budget errors since this information has not been furnished to the City Administrator. Chuck
Haase, Utility Services Manager, reiterated that the $786,000 is unencumbered funds with no
purpose to being left in the present accounts. John Wagoner, 1710 South Harrison, suggested
the City take the unencumbered funds and use these monies to reduce taxes, either real property
or sales tax. Mr. Wagoner stated the money belongs to the people and should not be spent for
Capital Improvement. Councilmember Feaster expressed concern that approval of the budget
as a whole would guarantee the zoo get the budgeted $50,000 with no strings attached. City
Administrator Zoul responded that the zoo is not guaranteed the $50,000; the budget is simply
allowing for that money if the Council decides to proceed with money to the zoo. The Zoo
would have to enter into a license agreement with the City and this must be approved by the City
Council. Motion by Hutchinson, second by Wit to approve budget. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye.
Sorensen voted nay. Motion to adopt the Fiscal Year 1992-1993 Annual Budget was approved.
ORDINANCES:
Councilmember Seifert moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7792
Amending Chapter 2, Section 2 of City Code Pertaining to
Procedures
Establishing Sanitary Sewer District #472
Approving Tax Levy Ordinance
#7819
#7820
I
I
I
#7821
Approving Appropriation Ordinance
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Wit. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay.
Motion carried.
After inviting questions or comments and there being none, the mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma
voted aye. Sorensen voted nay.
Clerk: Ordinance #7792, #7819, #7820, #7821 on their first reading. All those in favor of
passage, answer roll call. On roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Shafer, and Kuzma voted aye. Sorensen voted nay.
Clerk: Ordinances #7792, #7819, #7820, #7821 on final passage. All those in favor of passage
of said Ordinances on final passage, answer roll call. On roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Shafer and Kuzma voted aye. Sorensen voted nay.
Motion to approve Ordinances #7792, #7819, #7820, and #7821 carried.
DISCUSSION AND INFORMATION:
Kingsley Dam Relicensing. Councilmember Neal discussed the need for the Council to be
involved in any further discussions regarding our water supply.
Fiber Optic. Councilmember Hutchinson asked Utilities Director Gary Mader to explain the
potential of a fiber optic network. Utilities Director Mader felt that the fiber optic network was
more than what the electric department itself would need. John Wagoner, 1710 South Harrison,
stated that the Cable Advisory Board has taken issue of fiber optics up and are looking at ways
the system would pay for itself. Would like Councilmember Hutchinson to be in attendance at
the June 22, 1992 Cable Advisory Board Meeting.
ADJOURNMENT: Meeting was adjourned at 8:09 p.m.
Respectfully submitted,
~.~~
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
June 15, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on June 15, 1992. Notice
of the meeting was given in the Grand Island Independent on June 12, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Neal, Feaster,
Sorensen, and Kuzma. Absent were: Councilmembers Hutchinson and Shafer. City Officials
present were: City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works
Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by Reverend Terry Brown.
APPROVAL OF MINUTES: A motion was made by Feaster, second by Kuzma, carried
unanimously to approve the minutes of the Regular Council Meeting, June 1, 1992.
BOARD OF EOUALIZATION: Motion by Wit, second by Johnson, carried unanimously to
adjourn to Board of Equalization.
Resolution #92-BE-003 - Business Improvement District #1 Assessments. Dianne Kelley,
Downtown Improvement Coordinator explained that the line items on this year's assessment
show a small increase due to the purchase of a copy machine and an increase in salaries. Wayne
Janssen, Holcomb Hatchery, 317 North Elm, Verna M. Frandson representative from the
Liederkranz, inquired as to the benefits of this tax. Louise Miller, 1104 West Charles asked
why there was only one business district in Grand Island. Ms. Kelley explained that the purpose
of Business Improvement District #1 was to promose downtown as a viable entity, to provide
for physical maintenance, attractiveness of area, and promotions. Ms. Kelley added that the
Business Improvement District #1 was created in response to requests from downtownbusiness
owners who realized the need for this district. Motion by Johnson, second by Neal to adopt
Resolution 92-BE-003.
Motion by Seifert, second by Sorensen to recess due to tornado warning. Motion carried
unanimously.
Meeting reconvened at 7:40 p.m. On roll call vote to adopt Resolution #92-BE-003, Wit,
Murray, Johnson, Neal and Kuzma voted aye. Feaster, Seifert, Sorensen voted nay. Mayor
Dobesh cast his vote to adopt the resolution. Motion to adopt Resolution #92-BE-003 carried.
Motion by Johnson, second by Neal, carried unanimously to return to regular session.
I
I
I
Page 2, Regular Meeting, June 15, 1992
PUBLIC PARTICIPATION: Richard Schlaman, 1503 Stolley Park Road, spoke in opposition
to the proposed plan to convert Stolley Park Road into a four lane highway. Mr. Schlaman
stated that safety was a concern inasmuch as there are four schools on this road.
DISCUSSION AND INFORMATION ITEMS:
Industrial Foundation Semi-Annual Report. Andrew Baird, President of the Industrial
Foundation, presented the Foundation's semi-annual report. Mr. Baird stated that the BRW plan
will show new businesses the City's dedication to growth. Mr. Baird expressed the need to
develop an infrastructure in public service and private industry to meet the needs of employers
and to encourage existing industry to expand in Grand Island. Mr. Baird expressed his
appreciation to the City Council, Mayor and City staff for working as a team to encourage
economic growth. Councilmember Murray stated his support of the Industrial Foundation.
Wastewater Treatment Plant Facilities Plan. Public Works Director Wayne Bennett stated the
progress made at the second workshop on wastewater plant expansion was very encouraging.
Mr. Tom Heinemann, CH2M Hill, presented information on the status of the development of
the wastewater plant expansion and answered questions. Mr. Heinemann stressed the importance
of phasing in implementation of the plan in order to make the plan more economical. A final
workshop is scheduled for July. Councilmember Kuzma questioned the cost effectiveness of the
plans. Mr. Heinemann stressed that all the different techniques meet economical guidelines and
that the decision would be based on present value analysis operating and maintenance cost and
chemicals. The alternative with the lowest overall cost would be the best alternative.
Councilmember Kuzma stressed the importance of choosing an option with sufficient odor
control capabilities.
Municipal Representation in Platte River Water Management Planning. A proposed draft letter
to Governor Ben Nelson was endorsed. The letter will be sent to the League of Municipalities
also.
Employee Dental Insurance and Health Insurance for Retired Employees. Administrative
Services Director, Gene Green, introduced Mr. Charles E. Wood, who is the City's consultant
on health insurance. Mr. Wood discussed the feasibility of City retirees continuing under the
City's Blue Cross/Blue Shield Health Insurance plan at the retiree's cost. Councilmembers were
concerned that this policy may raise the City's premiums and be an additional expense to the
City. Mr. Wood also spoke relative to dental insurance for employees. Mr. Wood
recommended the City consider the Ameritas insurance plan for dental insurance.
REOUEST AND REFERRALS:
Receipt of Minutes. Motion by Sorensen, second by Murray, carried unanimously to approve
minutes ofthe following meetings: Library Board, May 5, 1992; Library Board, May 11, 1992;
I
I
I
Page 3, Regular Meeting, June 15, 1992
Downtown Improvement Board, May 19, 1992; Firefighters Retirement Committee, May 21,
1992; Civil Service Commission, May 26, 1992; Cable Advisory Board, June 2, 1992; Regional
Planning Commission, June 3, 1992.
Request of Grand Island Kiwanis Club for parade permit on September 26. 1992. Motion by
Sorensen, second by Johnson, carried unanimously to approve the request of the Grand Island
Kiwanis Club for parade permit on September 26, 1992.
Request of Arthritis Foundation for use of public streets for "Jinl:le Bell Run" on December 19.
1992. Motion by Sorensen, second by Johnson, carried unanimously to approve the request of
the Arthritis Foundation for use of public streets for "Jingle Bell Run" on December 19, 1992.
Approval of Revised 1992 City Council Meetinl: Schedule. Ordinance #7792 as adopted by the
City Council on June 8, 1992, included in part, a provision for the establishment of a
standardized schedule for City Council meetings. The Ordinance provided that regular City
Council meetings would be held on the second and fourth Mondays of each month and that City
Council Study Sessions would be held on the first and third Mondays of each month. Motion
by Sorensen, second by Johnson, carried unanimously to approve Revised 1992 City Council
Meeting Schedule.
RESOLUTIONS:
#92-141 - Platte Generatinl: Station Turbine Cleaninl: and Inspection. The Purchasing Division
received bids for the Platte Generating Station turbine cleaning and inspection. Three bids were
received ranging from $10,330 to $411,226. The lowest bid meeting specifications was Midwest
Turbine Inspection, Inc., of Claremore, Oklahoma, in the amount of $10,330. The engineer's
estimate for this project was $12,000. Motion by Sorensen, second by Seifert, carried
unanimously to award bid to Midwest Turbine Inspection, Inc.
#92-142 - Platte Generatinl: Station Turbine Insulation. The Purchasing Division received bids
for the Platte Generating Station turbine insulation to serve the Utilities Department, Power Plant
Division. Three bids were receiving ranging from $14,990 to $31,880. The lowest bid meeting
specifications was AC&S Insulation of Omaha, Nebraska. Motion by Sorensen, second by
Seifert, carried unanimously to award bid to AC&S Insulation.
#92-143 - Concrete Utility Poles. The Purchasing Division received bids for the purchase of
miscellaneous hardware to serve the Utilities Department, Line Division. Five bids were
received for the five line items. The total of the low bids equaled $17,876.12. Three low bids
totalling $522.85 for line items 1, 3, and 4 were awarded by purchase order since the amounts
were under the $10,000 limit set in the Procurement Code. The two low bids meeting
specifications for the balance of line items 2 and 5 were submitted by Husker Electric of
Lincoln, Nebraska, in the total amount of $17,353.27. Motion by Sorensen, second by Seifert,
carried unanimously to award bid to Husker Electric.
I
I
I
Page 4, Regular Meeting, June 15, 1992
#92-144 - Utility Pole Trailer. The Purchasing Division received bids for the purchase of a
utility pole trailer to serve the Utilities Department, Electric Line Division. Two bids were
received ranging from $4,911.94 to $8,500. The low bid did not meet specifications and the
firm chose to withdraw the bid. The bid of $8,500 was submitted by Clifton Metal Products,
Inc., of Fort Worth, Texas. Motion by Sorensen, second by Seifert, carried unanimously to
award bid to Clifton Metal Products, Inc.
#92-146 - Computer Recovery System. The Purchasing Division received a quotation from IBM
of Armonk, New York, for a Business Recovery Service to service the Data Processing
Department. This service provides for continuing data processing activities by providing a
configuration of machines and equipment in a designated IBM facility. It is desirable to provide
for this in the event that a major equipment problem or disaster strikes City Hall. IBM's
quotation of $115 per month for a five-year contract is based on State contract pricing. The
contract documents contain a provision which allows the City to terminate the contract prior to
a fiscal year for which funds have not been appropriated. Motion by Sorensen, second by
Seifert, carried unanimously to approve contract with IBM.
#92-147 - Burdick Breaker Rebuild. The Purchasing Division received bids for the rebuilding
of five 480 volt breakers to serve the Utilities Department, Power Plant Division. One bid was
received in the amount of $17,445 from Westinghouse of West Des Moines, Iowa. Motion by
Sorensen, second by Seifert, carried unanimously to award bid to Westinghouse.
#92-152 - Approving Acceptance of Certificate of Final Completion on Project 91-P-1. GLC,
Inc., of Columbus completed the construction work associated with Street Improvement District
91-P-l, which consisted of the replacement of deteriorated portland cement concrete pavement
slabs at locations throughout the City. Motion by Sorensen, second by Kuzma, carried
unanimously to approve Acceptance of Certificate of Final Completion on Project 91-P-l.
#92-153 - Approving Extension of Time in Sanitary Sewer Project 92-S-7. Bob Holeczy,
Project Superintendent for the Austin Company, requested that the City delay repair of the
sanitary sewer in the alleyway adjacent to the Grand Island Daily Independent until the
construction of the building addition is substantially complete. Motion by Sorensen, second by
Kuzma, carried unanimously to Approve Extension of Time in Sanitary Sewer Project 92-S-7.
#92-154 - Approving Final Plat for Erwin Subdivision. Erwin W. Schuster and Lorna D.
Schuster of Grand Island submitted the final plat for the Erwin Subdivision, a 2.043 acre tract
ofland located on the west side of North Road. Motion by Sorensen, second by Feaster, carried
unanimously to approve final plat and subdivision agreement for Erwin Subdivision.
#92-155 - Hugo's Subdivision. Hugo G. Wiese and Susan L. Wiese of Grand Island submitted
the final plat for Hugo's Subdivision, a 0.328 acre tract of land located on the south side of
Faidley Avenue and east of Darr Avenue. The subdivision combines two platted lots into a
single 14,280 square foot platted lot in order to permit the owner's desired placement of an
I
I
I
Page 5, Regular Meeting, June 15, 1992
accessory structure. Motion by Sorensen, second by Feaster, carried unanimously to approve
final plat for Hugo's Subdivision.
#92-156 - S & H Subdivision. Arthur P. Stelk and Geraldine M. Stelk of Grand Island
submitted the final plat for the S & H Subdivision, a 1.240 acre tract of land located on the east
side of North Road. Motion by Sorensen, second by Feaster, carried unanimously to approve
final plat and subdivision agreement for S & H Subdivision.
#92-157 - Smith Subdivision. Douglas J. Smith of Omaha submitted the final plat for the Smith
Subdivision, a 1.919 acre tract of land located on the north side of Roberts Street. Motion by
Sorensen, second by Feaster, carried unanimously to approve final plat and subdivision
agreement for Smith Subdivision.
#92-158 - Approving Labor Agreement with IAFF Local 647. A collective bargaining
agreement for 1992-1993 was negotiated with the International Association of Firefighters Local
No. 647 representing the firefighters in the Fire Department, including Emergency Medical
Technicians and Paramedics. Councilmember Johnson questioned the addition of Arbor Day as
a paid holiday. Director of Administrative Services Gene Green noted that both the State and
County offices observe Arbor Day. Motion by Sorensen, second by Wit, carried unanimously
to approve Labor Agreement with IAFF Local 647.
#92-159 - Approving Disability Retirement for Firefighter Robert Jussel. Firefighter/Paramedic
Robert Jussel was employed by the City on March 7, 1982. On March 19, 1991, Mr. Jussel
sustained a serious neck injury on the job and has been off work since that time. Director of
Administrative Services Gene Green stated that a Key Functional Assessment performed by a
physical therapist on April 6, 1992, could not conclude that Mr. Jussel was able to return to
work. Motion by Sorensen, second by Wit, carried unanimously to approve disability retirement
for Firefighter Robert Jussel.
ORDINANCES:
#7822 - Approving Increase in Food Service License Fees. Ed Edwards, Director of Health,
explained that all licensing fees are to be increased for the first time since 1986.
#7823 - Approving Sale of Castle Estate Lots. Mr. Philip Lorenzen of Kirkpatrick,Pettis,
Smith, and Polian, Inc., has recommended on behalf of the secured bond holders, a procedure
for selling the remaining 24 City owned lots in Castle Estates Subdivision. City Attorney Sinor
stated that two rights of refusal were exercised and that the bids met the minimum bid
requirement.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
I
I
I
Page 6, Regular Meeting, June 15, 1992
#7822
#7823
Approving Increase in Food Service License Fees
Approving Sale of Castle Estate Lots
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion seconded by Wit. Upon roll call, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, and Kuzma voted aye. None voted nay. Motion carried.
After inviting questions or comments and there being none, the mayor called for a roll call vote
on the motion. Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Kuzma voted aye.
None voted nay.
Clerk: Ordinance #7822, #7823 on their first reading. All those in favor of passage, answer
roll call. On roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Kuzma
voted aye. None voted nay.
Clerk: Ordinance #7822, #7823 on final passage. All those in favor of passage of said
Ordinances on final passage, answer roll call. On roll call vote, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, and Kuzma voted aye. None voted nay. Motion to approve
Ordinances #7822, #7823 carried.
#7817 - Approving Downtown Improvement and Business District #1 Assessments. Gene
Fenton, secretary for the Eagles Club, 213 North Sycamore Street, questioned the basis for the
tax assessments and inquired as to what benefits would be realized. Dianne Kelley, Downtown
Improvement Director, explained that the assessments are related to assessed property values
which are established by the County. Business Improvement District #1 was created to provide
for improvements in the downtown area, promotions, physical improvements and staffing to
accomplish these goals. Ms. Kelley added that information relative to Business District #1 had
been sent to all businesses in the district and stated that expansion of the banner program is
anticpated as funds permit.
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinance numbered:
#7817 Approving Downtown Improvement and Business District #1
Assessments
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion seconded by Kuzma. Upon roll call vote, Murray, Johnson, Neal,
Seifert, and Kuzma voted aye. Wit, Feaster, and Sorensen voted nay. Motion failed. Motion
by Murray, second by Neal, to pass Ordinance on its first reading. Councilmember Feaster
I
I
I
Page 7, Regular Meeting, June 15, 1992
stated more investigation on how taxes are assessed should be done. Bob Thomas, Interim
Finance Director, reiterated that the assessments are based on assessed valuation of real property
taken from Hall County records. Motion made by Feaster to table this item and return it to
study session. Seifert seconded the motion. Upon roll call vote, Feaster, Seifert, and Sorensen
voted aye. Wit, Murray, Johnson, Neal, and Kuzma voted nay. Motion to table issue failed.
City Attorney Sinor explained that the District was created by petition by downtown businesses
in the district. The Ordinance specifies how assessment is established. Councilmember Neal
expressed hope that the businesses who are not in favor of the downtown business district
volunteer for the downtown board and attend meetings so they have a voice in the process.
Councilmember Wit requested historical information on the assessment of individuals versus
businesses, evaluation on the business district operations, and suggested the Downtown Business
District look at equal benefits for equal assessments. Upon roll call, Wit, Murray, Johnson,
Neal and Kuzma voted aye to pass Ordinance #7817 on the first reading. Feaster, Seifert, and
Sorensen voted nay. Mayor Dobesh cast his vote for passing the Ordinance on the first reading.
Motion carried to approve Ordinance #7817 on its first reading.
CLAIMS:
Motion by Wit, second by Murray to approve claims in the amount of $2,818,560.98.
Councilmember Seifert abstained from voting on Claims #24128 and #24251. Motion carried
unanimously.
ADJOURNMENT: Meeting was adjourned at 9:19 p.m.
Respectfully submitted,
<
~ <_ CoAJuht-~
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
June 22, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, June 22, 1992. Notice
of the meeting was given in the Grand Island Daily Independent on June 19, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:01 p.m. The following
members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Neal, Fester,
Seifert, Sorensen, Shafer, and Kuzma. Hutchinson was absent. The following officials were
present: City Attorney Keith Sinor, and City Clerk Cindy Cartwright.
Bill Yost, Registration Chairman of the Korean Veterans Association, extended an invitation to
the Mayor and City Council to attend the dedication ceremonies of a monument honoring the
Veterans of the Korean War. The dedication is scheduled for Saturday, June 27, 1992 at 4:00
p.m. at the Hall County Administration Building.
Presentation by Betty Curtis on Clean Community Systems. Betty Curtis, Executive Coordinator
of the Clean Community Systems, presented an update of the Agency's activities. Ms. Curtis
emphasized the success of the Juvenile Alternative Sentencing Diversion Program.
Councilmember Johnson commended Ms. Curtis and the Clean Community Systems on their
contributions to Grand Island. Earl Wilson, 2323 Bellwood Drive, expressed concern relative
to liability of the City relative to the participants in the Juvenile Alternative Sentencing Diversion
Program.
Presentation and Discussion on Municipal Cable Television Feasibility Study. Kevin Dawson,
Vice President of Marketing for the Excel Corporation, presented information relative to the
Municipal Cable Television Feasibility Study. Mr. Dawson distributed an Executive Summary
which highlighted the study's findings. The Feasibility Study stressed the need for a
Communications Infrastructure in the City and contained three options for the City's
consideration relative to the installation of a Municipal Cable Television System. The study
reported that Nebraska law does not currently allow for the ownership and operation of cable
television systems by a municipality. Therefore, the recommendation set forth by the Excel
Report provided for the City to build a fiber optic network and lease the cable television
operation. Additional uses of the system could be phased in gradually. Excel estimates the cost
for the fiber optic network would be $7.6 million. City Attorney Keith Sinor requested a copy
of referenced statutory guidelines relative to the leasing of the fiber optic lines. Councilmember
Johnson asked Mr. Dawson to provide information on the number of cities who have competitive
cable systems which are owned by a municipality. Councilmember Johnson also inquired if Mr.
Dawson had an opinion as to why there is not a competing cable system in Grand Island. Mr.
I
I
I
Page 2, Study Session, June 22, 1992
Dawson stated information had been given out by Cable Television Systems Group on Wall
Street that discouraged competition in the Cable Industry. Councilmember Murray voiced
concern with the lateness of the report, and stated he had expected a much more comprehensive
study which included competition analysis and information from other cities who own municipal
cable systems. Council member Seifert pointed out that the recommendation by the Cable
Advisory Board was to request the City Council give careful consideration to Excel's
recommendation for the City to build a fiber optic network. Council member Johnson stated his
opposition to Council action at this time. Councilmember Neal suggested City Staff contact
State Senators to urge legislative reform relative to the cable industry. Councilmember Feaster
noted that the building of a fiber optic network should be brought to a vote by the citizens. Jim
Sanders, Cable Advisory Board member, requested the City look not only at the cost of the
project, but also at the revenue return. Gary Mader, Utilities Director, stated an ~onomic
benefit to the utilities department is not apparent at this time. Mr. Mader added if a fiber optic
network is shown to be less expensive and more reliable than current practice, it should be
considered.
Review of Cable Advisory Board Recommendations. The Cable Advisory Board made four
recommendations to the City Council. The recommendations were to 1) send letter to TCI
relative to the Quarterly report form; 2) Request information on anticipated charges once the
overbuild is completed; 3) Inquire as to TCl's plans relative to a fiber optic network; 4)
Purchase a video camera to use at meetings of the Cable Advisory Board. City Attorney Sinor
stated the City has the authority to act on the recommendations by the Cable Advisory Board.
Councilmember Seifert explained that City Administrator Zachary Zoul had indicated there are
funds in the 1992-1993 budget allocated for the purchase of a camera which could be utilized
by the Cable Advisory Board.
Discussion on Community Warning and Information System. Council member Sorensen
requested this item be referred to Howard Maxon, Director of Communications Department, for
cost and feasibility analysis.
Presentation by Dori Bush on Grand Island 2000. Mrs. Bush presented information on the
Grand Island 2000 program which is a strategy for attaining the National Goals for Education
and its responses to the challenge of ensuring America's competitiveness in the 21st century.
It is anticipated that task forces will be established to help realize the six goals of Grand Island
2000. Business owners, community leaders and educators will be needed to serve on the task
forces.
Request of Downtown Improvement Board for Reimbursement for Downtown Property. Dianne
Kelley, Downtown Development Director, presented information relative to the request of the
Downtown Improvement Board for reimbursement for Downtown Property. Ms. Kelley
provided historical data relative to transfer of ownership on this property and stated that the
Downtown District is responsible for snow removal, maintenance and repairs, and improvements
to the downtown streets. John Miller, 417 West Third, Ben Wassinger, 123 West Third Street,
and Ron Eakes, 617 West Third, voiced support for reimbursement to the Downtown District.
I
I
I
Page 3, Study Session, June 22, 1992
Jim Greer, 637 MacArthur Avenue, spoke in opposition to reimbursement to the Downtown
Improvement Board and expressed concern over the source of funding to provide for this
reimbursement. Ms. Kelley requested that the Downtown Improvement Board be treated as any
other City department and be reimbursed for the transfer of an asset. Mr. Bill Fischer
completed a limited appraisal of the property. Mr. Fischer appraised the property at $268,000.
Ms. Kelley requested compensation of the $268,000 over a five year period of time beginning
fiscal year 1993-1994. Councilmember Johnson requested City staff determine the total amount
paid by the Downtown Improvement Board for this property. Mayor Dobesh stated this issue
would be placed on the June 29, 1992 Agenda for action.
Discussion on Future Plans for Pier Park Pool. This item was initially placed on the agenda at
the request of Councilmember Sorensen. Council member Sorensen subsequently asked that this
item be rescheduled to the July 6, 1992, City Council Study Session.
Adjournment: Meeting was adjourned at 9:20 p.m.
Respectfully submitted,
&/I~{y- J(!LUJ-Wv~
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
JUNE 29, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on June 29,1992. Notice of
the meeting was given in the Grand Island Daily Independent on June 26, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma. City Officials present were: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public
Works Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by Reverend Steve Warriner.
APPROVAL OF MINUTES: A motion was made by Murray, second by Johnson, carried
unanimously to approve the minutes of the June 8, 1992 Special City Council Meeting.
PRESENTATION: Mayor Dobesh presented outgoing Councilmember Michael Hutchinson with
a plaque commemorating Mr. Hutchinson's service to the City.
PROCLAMATION: Mayor Dobesh proclaimed July 4, 1992 as Veterans Appreciation Day.
PUBLIC HEARING:
Application of J G & J. Inc.. 3235 South Locust Street. for an Addition to Premises Liquor
License. City Attorney Keith Sinor introduced the following exhibits: Application for an
Addition to Premises Liquor License filed with the Liquor Control Commission and received by
the City Clerk on June 11, 1992; Notice to general public of date, time, and place of hearing
published on June 16, 1992; Notice to applicant of date, time, and place of hearing mailed on
June 11, 1992; Chapter 4, City Code-Alcoholic Beverages and Department Reports as required
by City Code. Dick Rezac, Assistant Manager for J G & J, Inc., was present on behalf of the
application. No testimony from the public was received.
PUBLIC PARTICIPATION:
Richard Schalaman, 1503 Stolley Park Road, spoke in opposition to the proposed widening of
Stolley Park Road to a four-lane roadway. Public Works Director Wayne Bennett stated that
the public opposition to this project had been relayed to BRW, the consultant for the City on the
Comprehensive Plan and Transportation Study.
I
I
I
Page 2, Regular Meeting, June 29, 1992
Gene McCormick, 707 South Pleasantview, voiced concern with budget appropriations.
DISCUSSION AND INFORMATION ITEMS:
Election of City Council President. A new City Council President was elected to fulfill the
remaining City Council President term of office which was vacated with the resignation of
Council member Hutchinson. Councilmember Sorensen nominated Council member Seifert and
Councilmember Shafer nominated Councilmember Neal. The results of the secret ballot vote
were seven votes for Council member Neal and three votes for Council member Seifert.
Council member Neal was elected as new City Council President.
Earl Wilson, 2323 Bellwood Drive, voiced objection to Council member Hutchinson's
participation at this meeting as Mr. Wilson believes there is a question as to Mr. Hutchinson's
legal residence. City Attorney Keith Sinor stated that he would look into the matter of
Councilmember Hutchinson's residency.
Discussion on State Legislative Issues. Council member Glen Murray reported that in addition
to issues previously noted, legislation relative to ownership by a municipality of cable television
services would be submitted to the Nebraska League of Municipalities for preparation for the
1993 legislative session. Council member Johnson requested Council member Murray add
legislation relative to the establishment of regulations for roadside trash disposal.
Finance Director Recruitment. Council member Johnson requested that Council members be
involved in the selection process for the Finance Director and stated that he would like an
opportunity to be provided for Councilmembers to visit with the Finance Director applicants.
Mayor Dobesh stated the interview and selection process was already arranged, but
Council members could meet informally with the Finance Director candidates.
REQUESTS AND REFERRALS:
Receipt of Minutes. Motion by Kuzma, second by Shafer, carried unanimously to receive and
place on file the minutes of the following meetings: Plumbing Board, June 2, 1992; Plumbing
Board, June 10, 1992; Community Development Advisory Committee, June 10, 1992; Civil
Service Commission, June 17, 1992; Firefighters Retirement Committee, June 18, 1992; Cable
Advisory Board, June 22, 1992.
Official Bond for City Clerk. City Code requires that the City Clerk be bonded in the sum of
$10,000. Motion by Sorensen, second by Feaster, carried unanimously to approve the Official
Bond for Cindy K. Cartwright, City Clerk.
Glendale Reiss, 910 North Boggs, stated that any action which Councilmember Hutchinson voted
on should be declared invalid until the legality of Council member Hutchinson's residency is
established.
I
I
I
Page 3, Regular Meeting, June 29, 1992
Request of J G & J. Inc.. for an Addition to Premises Liquor License. Mary Ann Keeshan,
owner of J G & J, Inc., dba Desert Rose, 3235 South Locust Street, submitted an application
for an Addition to Premises Liquor License. The addition is a 56' x 135' enclosed, outdoor
volleyball court. Motion by Feaster, second by Seifert, carried unanimously to approve the
Addition to Premises Liquor License Request.
Request of Nebraska Mil-Nic. Inc.. for a Special Designated Liquor Permit. Richard Milton,
General Manager of Nebraska Mil-Nic, Inc., dba, Riverside Inn Lounge, located at 3333
Ramada Road, made application for a Special Designated permit to provide for the sale of beer,
wine and distilled spirits in a fenced in, outdoor area, on July 4, 1992, from 11:00 a.m. to 11:00
p.m. Motion by Shafer, second by Neal to approve request. Upon roll call, Murray, Neal,
Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Hutchinson voted nay. Wit and
Johnson abstained. Motion carried to approve request of Mil-Nic., Inc., for a Special
Designated Liquor License for July 4, 1992.
Request of Bill Thiemann for License Agreement for Drainage Easement. Mr. Bill Thiemann,
2729 Lakewood Drive, made application for a License Agreement to allow for a proposed
driveway to be placed on an existing drainage easement. Mr. Thiemann was present to answer
questions. Motion by Murray, second by Johnson, carried unanimously to approve request for
License Agreement for Drainage Easement.
Request of Hamilton Chevrolet Cadillac. Inc.. for License Agreement for Erection of Signs.
Carey Hamilton, owner of Hamilton Chevrolet Cadillac, Inc., submitted an application with the
City Clerk's Office for a License Agreement to allow for the erection of four 2'x 16'x 8' signs
in the public right-of-way along south Webb Road and for acquisition of a License Agreement
for the existing General Motors sign currently in the right-of-way. Motion by Seifert, second
by Feaster, carried unanimously to approve the request of Hamilton Chevrolet Cadillac for a
License Agreement for Erection of Signs.
Request of Downtown Retailers to hold Annual Sidewalk Sale. The Downtown Retailers
submitted a request to use sidewalks at the location of Third Street, from Cedar Street east to
Sycamore Street, with the north/south through streets of Pine Street and Walnut Street to remain
open and unobstructed, for their 51st annual sidewalk sale to be held on Wednesday, July 8,
1992 from 7:00 a.m to 8:00 p.m. Motion by Shafer, second by Kuzma, carried unanimously
to approve.
RESOLUTIONS:
#92-145 - Awarding Bid for Padmounted Switchgear. Bids were received for the purchase of
pad mounted switchgear to serve the Utilities Department, Electric Line Division. Nine bids
from a total of four vendors were received ranging from $75,344 to $119,564. After bid
evaluation, the lowest bid meeting specifications was Kriz-Davis of Grand Island in the amount
of $85,648. Kriz-Davis offered an alternative to deduct the cost of 1 % for delivery FOB
I
I
I
Page 4, Regular Meeting, June 29, 1992
factory. The resulting Kriz-Davis total bid was $84,800. Motion by Shafer, second by Feaster,
carried unanimously to award bid to Kriz-Davis in the amount of $84,800.
#92-148 - Awarding Bid for Wave Generation Equipment. The Purchasing Division received
bids for the purchase of the wave generation equipment component of the Grand Island Water
Park Project. Two bids were received, however, one bid did not include required bidder
security and could not be considered. Aquatic Amusement Associates, LTD of Cohoes, New
York submitted a bid of $107,500. Motion by Shafer, second by Feaster, carried unanimously
to award bid to Aquatic Amusement Associates in the amount of $107,500.
#92-149 - Awarding Bid for 115 lev Transmission. The Purchasing Division received bids for
the purchase of 115 kv transmission line to serve the Utilities Department, Electric Line
Division. Three bids were received ranging from $719,355.90 to $988,530.40. The lowest bid
meeting specifications was Dominion Construction Company, Scottsbluff, Nebraska, in the
amount of $719,355.90. Motion by Shafer, second by Feaster, carried unanimously to award
bid to Dominion Construction Company.
#92-150 - Awarding Bid for Serpentine Slides. The Purchasing Division received bids for the
purchase of two serpentine slides for the Grand Island Water Park Project. Two bids were
received ranging from $100,021 to $116,133. The lowest bid meeting specifications was
Whitewater USA of Columbus, Ohio, in the amount of $100,021. Motion by Shafer, second
by Feaster, carried unanimously to award bid to Whitewater USA.
#92-151 - A warding Bid for Meter Reading Device System. The Purchasing Division received
bids for the purchase of a hand-held meter reading device system to serve the Finance
Department, Meter Reading Division. Two proposals were received with base bids ranging from
$33,698 to $44,085. Options for additional services/equipment were provided. The lowest
proposal meeting specifications was Syscon Corporation of San Diego, California, in the amount
of $33,698. Additional training was recommended for a total cost of $36,548. Motion by
Shafer, second by Feaster, carried unanimously to award bid for Meter Reading Device System
to Syscon Corporation.
#92-160 - Repealing R & B Subdivision Sanitary Sewer District #471. Because property owners
who own more than 50% or more of the front footage in Sanitary Sewer District #471 filed
objection to the establishment of this District, dissolution of the District was required. Motion
by Johnson, second by Neal, carried unanimously to dissolve Sanitary Sewer District #471.
#92-161 - Approving Initiation of Eminent Domain Proceedings of Reitan Building. It was
reported that it is necessary for the City to assume occupancy of the property known as the
Reitan Building, prior to the September 30, 1993 lease expiration. City officials have made a
number of unsuccessful efforts to negotiate an early buyout of the lease with Anderson Auto
Parts, legally known as KKES, Inc., of Omaha. If a voluntary accord is not reached, it may
be necessary to utilize the City's eminent domain authority relative to the lease only. William
I
I
I
Page 5, Regular Meeting, June 29, 1992
Francis, of the law firm Cunningham, Blackburn, Francis, Brock and Cunningham, attorney for
KKES, Inc., objected to the passage of Resolution #92-161 stating that the City had not
negotiated in good faith with KKES, Inc. City Administrator Zachary Zoul outlined the previous
negotiation attempts which had taken place with KKES, Inc. Mr. Zoul stated several letters had
been sent to the two law firms which had been representing KKES, Inc. prior to Mr. Francis.
Mr. Zoul added that this resolution states that further negotiations would be pursued, but in the
event that negotiations prove fruitless, other options would be looked at to keep the project on
schedule. Gene McCormick, 707 South Pleasantview, Earl Wilson, 2323 Bellwood Drive, and
Glendale Reiss, 910 North Boggs, questioned the need for the City's early occupancy of the
building. Mr. Wilson inquired as to what additional charges would be incurred for the early
occupancy. Council member Sorensen suggested further negotiations should take place. Motion
by Wit, second by Murray to approve initiation of eminent domain proceedings of Reitan
Building. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Shafer, and
Kuzma voted aye. Seifert and Sorensen voted nay. Motion to approve initiation of eminent
domain proceedings of the Reitan Building carried.
#92-162 - Approving Acceptance of Certificate of Final Completion on Project 92- TV-I.
Johnson Service Company of Osceola, Nebraska, completed the work provided for in the
contract for Sewer Inspection Project 92-TV-l. Motion by Wit, second by Hutchinson, carried
unanimously to approve Acceptance of Certificate of Final Completion on Project 92- TV-I.
#92-163 - Endorsing Grand Island as Nebraska 2000 Community. Nebraska 2000 is a strategy
for attaining the National Goals for Education and its response to the challenge of ensuring
America's competitiveness in the 21st Century. Motion by Hutchinson, second by Murray,
carried unanimously to approve Resolution #92-163 endorsing Grand Island as a Nebraska 2000
Community.
#92-164 - Approving Community Development Advisory Board Request for Acquisition of
Substandard Dwelling. Community Development Director Jerenne Garroutte, stated that the
property at 404 East Sixth Street was offered to the City under the Voluntary Acquisition
Program for the appraised value of $11,500. Council member Murray stated he would abstain
from the vote due to a possible conflict of interest. Motion by Hutchinson, second by Wit to
approve the request to acquire the property at 404 East Sixth Street. Upon roll call vote,
Hutchinson, Wit, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye.
Murray abstained.
#92-165 - Amending Compensation and Classification Plan. City Administrator Zoul stated that
this plan would codify guidelines and implement new positions. Motion by Kuzma, second by
Hutchinson, to amend Compensation and Classification Plan. Upon roll call vote, Hutchinson,
Wit, Murray, Johnson, Neal, Feaster, Shafer, and Kuzma voted aye. Seifert, and Sorensen
voted nay. Motion carried.
I
I
I
Page 6, Regular Meeting, June 29, 1992
#92-166 - Approving Compensation to Downtown Improvement and Parking District #1 for New
City Hall Site. Dianne Kelley, Downtown Improvement Director, provided information on the
acquisition by the Downtown Improvement and Parking District #1 of the property for the new
City Hall site. Paul Hamilton, 305 Cherokee, questioned the ownership of the property and
asked if additional tax money would be required in order for the reimbursement to take place.
Motion by Wit, second by Murray to approve reimbursement to the Downtown Improvement
and Parking District in the appraised value amount of $268,000. Councilmember Johnson
inquired if the resolution would legally obligate future councils to continue this payment. City
Attorney Sinor stated the resolution could be adopted as a resolution of intent and would,
therefore, not be binding upon future councils. Council member Johnson moved to amend
original motion to reflect this. Motion died for lack of a second. Council member Wit requested
that the minutes of the meeting reflect the intent of the Council, even if the resolution does not.
Gene McCormick, 707 South Pleasantview, stated that all appropriations must end the year for
which they were appropriated. Councilmember Sorensen favored tabling the issue of
compensation until a later date. Mayor Dobesh noted that the Downtown Improvement and
Parking District needed a decision in order to proceed accordingly. Louise Miller, 1104 West
Charles, stated that any compensation should be returned to the taxpayers. Council member Wit
made motion to call the question. Councilmember Johnson objected to calling the question.
Murray seconded the motion to call the question. Upon roll call vote, Hutchinson, Wit, Murray,
Neal, Feaster, and Kuzma voted aye. Johnson, Seifert, Sorensen, Shafer voted nay. Motion
to call the question failed. Glendale Reiss and Gene McCormick voiced opposition to the
reimbursement to the Downtown Improvement and Parking District. Mark McCue, 1507
Stagecoach Road, spoke in favor of reimbursement in the amount of the assessed value of the
property. Roll call vote to approve reimbursement to the Downtown Improvement and Parking
District in the amount of $268,000 was held. Hutchinson, Wit, Murray, Neal, Kuzma voted
aye. Seifert, Sorensen, Shafer, Feaster, and Johnson voted nay. Mayor Dobesh had option to
vote but did not. Mayor Dobesh stated there was room for negotiation. Motion failed.
Council member Johnson made motion to approve Resolution #92-166 to compensate the
Downtown Improvement and Parking District #1 $191,103.00 which is the amount of the
principal and interest paid by the Downtown Improvement and Parking District #1 for the
property. Second by Wit. Council member Neal requested Resolution #92-166 be amended to
compensate the Downtown Improvement and Parking District #1 an even $200,000.
Council member Johnson rejected the amendment to the original motion. Upon roll call vote,
Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Shafer, and Kuzma voted aye. Seifert and
Sorensen voted nay. Motion to compensate the Downtown Improvement and Parking District
#1 in the amount of $191,103 was approved.
Mark McCue, member of the Downtown Improvement and Parking District #1, requested that
a contract be established to reflect the intent of the Council.
I
I
I
Page 7, Regular Meeting, June 29, 1992
#92-167 - Establishing Golf Fees for 1993. Motion by Sorensen, second by Hutchinson to
increase existing golf fees for 1993. Upon roll call vote, Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-168 - Establishing Tennis Complex Fees. Motion by Sorensen, second by Hutchinson to
increase tennis complex fees. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-169 - Establishing Public Works Department Service Fees. Motion by Sorensen, second
by Hutchinson to approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-170 - Establishing Police Department Service Fees. Motion by Sorensen, second by
Hutchinson to approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-171 - Establishing Municipal Parks and Swim Pool Fees. Motion by Sorensen, second by
Hutchinson to approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-172 - Establishing Fire Department Services Fees. Motion by Sorensen, second by
Hutchinson to approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster,
Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-173 - Water Department Services Fees. Motion by Sorensen, second by Hutchinson to
approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen,
Shafer and Kuzma voted aye. Seifert voted nay. Motion carried.
#92-174 - Approving of 1992-1993 Budget Addendum. The enhanced budget format, with the
inclusion of actual receipts and disbursements for Fiscal Year 1990-1992, improved the
reconciliation with future years information. A scheduled transfer-out of debt service, Fund
601, in Fiscal Year 1992-1993, had already occurred. This addendum removed the transfer-out
with no effect on the appropriations and no adverse financial impact. Motion by Sorensen,
second by Hutchinson to approve. Upon roll call vote, Hutchinson, Wit, Murray, Johnson,
Neal, Feaster, Shafer, and Kuzma voted aye. Seifert and Sorensen voted nay. Motion carried
to approve.
ORDINANCES:
#7817 - Approving Downtown Improvement and Business District #1 Assessments. City
Attorney read the title of Ordinance #7817. This was the second reading for this ordinance.
Motion by Johnson, second by Murray to approve. Upon roll call, Hutchinson, Wit, Murray,
Page 8, Regular Meeting, June 29, 1992
I
Johnson, Neal, Feaster, Shafer, and Kuzma voted aye. Seifert and Sorensen voted nay. Motion
to approve #7817 on its second reading carried.
Councilmember Johnson requested Ordinance #7817 be included for final reading with the
remaining Ordinances.
Louise Miller, 1104 West Charles, inquired as to the frequency of the increase in fees.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#7824
#7825
#7827
#7828
I #7829
#7830
#7831
#7832
#7833
#7834
#7835
#7836
Amending Chapter 3, Section 3 of the City Code pertaining to
Alarm System fees
Amending Chapter 7, Section 7 of City Code pertaining to Bingo
Permit fees
Amending Chapter 10, Sections 9, 11, and 26 of City Code
pertaining to Cemetery fees
Amending Chapter 15, Section 51 of City Code pertaining to
Electric Service fees
Amending Chapter 16, Section 13 pertaining to Fireworks Permit
fee, Section 27 pertaining to Ambulance Service Rates, and Section
28 pertaining to Paramedic Service Rates
Amending Chapter 17, Section 15 of City Code pertaining to
License Fees for Garbage and Refuse Haulers
Amending Chapter 22, Sections 106 and 107 of City Code
pertaining to fees for Impoundment of Motor Vehicles
Amending Chapter 23, Section 31 of City Code pertaining to
Occupation Tax for Solicitors
Amending Chapter 25, Section 3 of City Code pertaining to
Occupation Tax for Pawnbrokers
Amending Chapter 32, Section 27 and 28 of City Code pertaining
to fees for Pavement Cuts and CallOut Charges and Section 69
pertaining to fees for License Agreements
Amending Chapter 34, Section 17 of City Code pertaining to Taxi
Driver Permit fees
Amending Chapter 36, Sections 69 and 84 of City Code pertaining
to fees for Board of Adjustment and for Conditional Use Permits
I
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the ordinance on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Councilmember Johnson seconded the motion.
I
I
I
Page 9, Regular Meeting, June 29, 1992
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Hutchinson, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma
voted aye. Seifert voted nay.
Mayor: The motion to suspend the statutory rules having been concurred in by three fourths of
the City Council, said motion is declared passed and adopted.
Clerk: Ordinances numbered #7824, #7825, #7827, #7828, #7829, #7830, #7831, #7832,
#7833, #7834, #7835, #7836 on their first reading. All those in favor of the passage of said
Ordinances on their first reading, answer roll call. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay.
Clerk: Ordinances numbered #7817, #7824, #7825, #7827, #7828, #7829, #7830, #7831,
#7832, #7833, #7834, #7835, #7836 on final passage. All those in favor of the passage of said
ordinances on their final passage, answer roll call. Upon roll call vote, Hutchinson, Wit,
Murray, Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay.
Mayor: By reason of the Roll Call Votes on the First Reading and Final Passage of the
Ordinances, Ordinances #7817, #7824, #7825, #7827, #7828, #7829, #7830, #7831, #7832,
#7833, #7834, #7835, and #7836 are declared to be lawfully passed and adopted upon
publication as required by law.
CLAIMS:
Motion by Kuzma, second by Shafer, that claims in the amount of $974,431.13 as presented by
the City Clerk, be allowed. Upon roll call vote, Hutchinson, Wit, Murray, Johnson, Neal,
Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion carried.
ADJOURNMENT:
Meeting was adjourned at 8:40 p.m.
Respectfully submitted,
~~~
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
July 6, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, July 6, 1992. Notice
of the meeting was given in the Grand Island Daily Independent on July 3, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:07 p.m. The following
members were present: Mayor Dobesh, Council members Johnson, Wit, Murray, Jacobsen,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present:
City Administrator Zachary Zoul, City Clerk Cindy Cartwright and Public Works Director
Wayne Bennett.
Presentation by United Way Task Force on Community Needs. Doug Eicher, Marylyn Larson,
Heidi Bamesberger, and Sam Zeleski of the Task Force presented information to the Council
relative to community needs. Mr. Eicher spoke on the growing minority population in Grand
Island and asked for assistance from the City in addressing corresponding issues. Mr. Zeleski
stated that the Family Assistance Center had been established to assist in allaying the fears that
discourage non-legal, non-English speaking families from seeking assistance. The Family
Assistance Center will complete assessments, make referrals, and maintain subsequent followup.
Suggestions for City involvement included: sensitivity awareness training and bilingual
education for City employees, surveyor study of minority population needs, and publication of
pamphlets regarding City services printed in native languages. Mr. Eicher invited the City
Council to the next Task Force Meeting scheduled for July 16, 1992 at 8: 15 a.m.
Councilmember Johnson stated the City had taken a proactive stance inasmuch as several
emergency personnel have completed Spanish classes. Mr. Johnson suggested the City
reimburse those employees who are individually taking Spanish classes. Councilmember Kuzma
stated there appeared to be a willingness among new residents to learn English, but a need
remained for additional tutors and support from the community.
Presentation on Wastewater Treatment Plant Facilities Plan. Tom Heinemann, CH2M Hill,
presented information on the status of the development of the Wastewater Treatment Plant
expansion. Mr. Heinemann stated excellent progress was being made and indicated that the next
step would be a draft version of the Facilities Plan. Ways to improve the current plant have
been identified and a phasing approach has been established which will increase capacity and
keep the plant in compliance with established guidelines. Mr. Heinemann stressed that the
suggested procedures are both effective and cost efficient. Councilmember Murray questioned
the additional capacity and asked if the plans provided for a reserve for increased usage. Public
Works Director Wayne Bennett stated that an industrial reserve is planned and added that both
Monfort and Delicious Foods have participated in the discussions relative to future Wastewater
Treatment Plant requirements.
I
I
I
Page 2, Study Session, July 6, 1992
Discussion on Demolition Timetable for Pier Park Pool. Council member Sorensen suggested
delaying the scheduled Summer, 1993 demolition of Pier Park Pool and utilizing the $50,000
appropriated for the demolition for additional improvements at the new Water Park.
Councilmember Johnson suggested that input should be received from the residents if any action
is planned other than what had been previously noted. Councilmember Kuzma objected to the
delay in the demolition stating that funds have been appropriated for this purpose, and that Pier
Park Pool would be useless once the heaters are removed for the new Water Park. Parks and
Recreation Director Steve Paustian stated that the initial plan was to raze the pool and landscape
the area. Suggestions have since been made to construct off street parking. Mr. Paustian added
the Water Park was sold as a package that included Pier Park demolition and stressed the City
should follow through on this.
Discussion on Request for City Maintenance and Development of Soccer Fields. Mike Ley,
Grand Island Soccer Association Complex Chairman, was present on behalf of the Soccer
Association's request for City involvement in the maintenance and development of a proposed
soccer field complex. Fonner Park has agreed to donate land for the soccer fields contingent
upon the City's involvement. Councilmember Johnson inquired as to the establishment of a user
fee structure for the soccer fields. Councilmember Neal questioned the ability of the Parks and
Recreation Department to handle the increased responsibility. Mr. Paustian reported that
additional funds would be required for labor, supplies, and equipment. Mr. Paustian estimated
that the additional expenses relative to the soccer fields would be paid partially from user fees,
but that additional funds would be required. Mr. Paustian indicated that volunteer services from
the Grand Island Soccer Association would be welcomed. Councilmember Neal stated that
because soccer is becoming more popular, and because Fonner Park has donated the land for
the soccer fields, this would be an excellent opportunity for the City to establish City soccer
fields.
Discussion on Future Plans for City Owned Property at 804 North Lambert. The City owns a
structure in Lincoln Park which has been rented for the last three years. Inasmuch as the lease
on this property will expire October 31, 1992, a decision on future plans for the property must
be made. Pastor Brian Pielstick, Faith Baptist Tabernacle Church, has indicated interest in rent
or purchase of the building. The current tenant, Shiloh Temple, Inc., is interested in
continuation of their current lease. At the request of the Council, Parks and Recreation Director
Steve Paustian will investigate several options including sale, auction, and continuation of lease.
Regional Landfill Concept. Wayne Bennett, Director of Public Works, stated that Grand Island
had been identified by the State, as a regional landfill for South Central Nebraska. Mr. Bennett
added that the City would like to find a way to stabilize long term landfill fees and that accepting
out of county waste would provide for this. Councilmember Kuzma stated the fees being
proposed for the out of county waste were higher than other area landfills and expressed concern
that the City may be pricing themselves out of competition. Councilmember Johnson expressed
interest on policies regulating the out of county usage. Councilmember Wit suggested changing
the current ordinance to give all counties in the south central region access to the landfill without
I
I
I
Page 3, Study Session, July 6, 1992
the contract which is now required. Mr. Bennett stated it is to the City's benefits to have these
contracts to alleviate questions relative to regulation. Earl Wilson, 2323 Bellwood Drive, noted
that if the new landfill were to reach its capacity sooner than anticipated, rates would again need
to be raised. Gene McCormick, 707 South Pleasantview, stated contracts with out of county
haulers are necessary from a liability standpoint. Councilmember Johnson noted that because
all cities must have a letter of intent relative to solid waste completed by October 1, 1992, it
would be wise to begin marketing the landfill. The Council supported sending a draft letter to
surrounding cities and counties marketing the City's landfill.
Discussion on Proposed Water Rate Increase. Gary Mader, Director of Utilities, presented
information on the proposed water rate increases. Mr. Mader stated that the base water rate
provided the most significant portion of utilities financing. Council member Johnson requested
the Utilities Department look at various methods of calculating water rate increases.
Councilmember Murray stated the need to emphasize conservation. Recommendation by the
Council was to have the Utilities Department investigate several options on rate increases and
provide this information to Council at a later date.
ADJOURNMENT: Meeting was adjourned at 8:52 p.m.
Respectfully submitted,
&tidy f( (iLvdWA#
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
JULY 6, 1992
Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, July 6, 1992.
Notice of the meeting was given in the Grand Island Daily Independent on July 3, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City Administrator
Zachary Zoul, City Attorney Keith Sinor, City Clerk Cindy Cartwright, and Public Works
Director Wayne Bennett.
APPROVAL OF MINUTES: A motion was made by Sorensen, second by Shafer, carried
unanimously to approve the minutes of the June 15, 1992 Regular Council Meeting and the June
22, 1992 Council Study Session.
APPOINTMENT OF COUNCILMEMBER: Mayor Dobesh submitted to the Council, the
nomination of Mrs. RoseAnn Jacobsen to serve the remainder of Mike Hutchinson's term as
Councilmember in Ward 5. Motion by Wit, second by Murray to approve the appointment of
Mrs. Jacobsen. Upon roll call vote, Wit, Murray, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Johnson abstained. Motion carried. The Oath of Office was administered
to Mrs. Jacobsen by the City Clerk.
APPOINTMENT OF INTERIM ADMINISTRATIVE SERVICES DIRECTOR: Mayor Dobesh
submitted the nomination of Beth Griffiths to serve as Interim Administrative Services Director
effective July 17, 1992, to fill the vacancy created by the resignation of Gene Green. Motion
by Sorensen, second by Shafer, carried unanimously to approve.
REQUESTS AND REFERRALS:
Request of Dreisbach's Steakhouse. Inc.. for Special Designated Liquor Permit. Patrick Dowd,
President of Dreisbach's Steakhouse, Inc., submitted an application with the City Clerk for
Special Designated Liquor Permits for use during social hours and dinner meetings to be held
at the Stuhr Museum of the Prairie Pioneer, 3133 Highway 34 West, on July 14, 1992 from
5:00 p.m. to 10:00 p.m. and on July 18, 1992 from 5:00 p.m. to 10:00 p.m. Sandra Bauer,
Manager, was present and verified that the Museum would be closed to the public during the
time requested for the Special Designated Liquor Permits.
Waiver of Landfill Gate Fees for County Pickup of Roadside Trash. Wayne Bennett, Director
of Public Works, stated that it was the consensus of the Compost Committee to allow the County
I
I
I
Page 2, Special City Council Meeting, July 6, 1992
access to the landfill, at no cost, for the disposal of roadside trash collected along County roads.
Councilmember Kuzma voiced concern that this would not discourage roadside dumping and
might, in fact, take away the motivation to prosecute those who are doing so. Mayor Dobesh
stated that most of the trash picked up is from the City and not the County. Councilmember
Johnson stated that waiving the landfill gate fees would not solve the problem but would serve
to contribute towards the County's costs associated with the pickup of roadside trash. Gary
Quandt, Hall County Board of Supervisor, stated that the burning ban may be a contribution to
this problem. Mayor Dobesh disagreed, indicating that the problem preceded the burning ban.
Motion by Sorensen, second by Seifert to waive the landfill gate fees. Upon roll call vote, Wit,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma voted nay.
Motion carried.
ADJOURNMENT: Meeting was adjourned at 7:06 p.m.
Respectfully submitted,
~ CU>>JuJv;;JJ---
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
July 13, 1992
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on July 13, 1992. Notice
of the meeting was given in the Grand Island Daily Independent on July 8, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Jacobsen, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present:
City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and
Assistant Public Works Director Bud Buettner.
Pleage of Allegiance was said followed by Invocation given by City Clerk Cindy Cartwright.
APPROVAL OF MINUTES: Glendale Reiss, 910 North Boggs, and Earl Wilson, 2323
Bellwood Drive, objected to the approval of the minutes from the June 29, 1992 City Council
meeting stating that former Council member Hutchinson voted illegally at that meeting. City
Attorney Keith Sinor stated that no Council action was taken on June 29, 1992 in which Mr.
Hutchinson's vote was the deciding vote. Additionally, inasmuch as minutes are a record of
what actually transpired at a meeting, the minutes should not be modified. Councilmember Wit
voiced agreement with Mr. Sinor. Mr. Sinor stated that the Council could approve an
amendment to the minutes to include, as an Exhibit, a memorandum by the City Attorney
relative to Mr. Hutchinson's voting eligibility. Motion by Wit, second by Johnson to approve
the minutes of the July 6, 1992 Special City Council Meeting, July 6, 1992 City Council Study
Session, and June 29, 1992 City Council Meeting to include Mr. Sinor's memorandum as an
Exhibit. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer,
and Kuzma voted aye. Jacobsen abstained. Motion to approve minutes carried.
Councilmember Johnson expressed exception to the accusation made by Earl Wilson that the
Councilmembers knowingly violated the law by allowing former Council member Hutchinson to
vote. Council member Neal added that at no time did she believe Mr. Hutchinson was acting
illegally nor did she think Mr. Hutchinson was aware he was acting illegally.
PUBLIC PARTICIPATION:
Chuck Schmidt, 1821 North Hancock Avenue, stated he and several others were present in
support of the appointment of Chuck Haase as Finance Director.
I
I
I
Page 2, Regular Meeting, July 13, 1992
Glendale Reiss, 910 North Boggs, invited the Council to meet with the Director of Veteran
Affairs at the Veterans Administration Center on July 25, 1992 at 10:00 a.m.
Frank Sittler, 904 West Eleventh Street, spoke in opposition to the proposed Clark and Eddy
Street modifications. 'Council member Johnson asked that this item be placed on the July 20,
1992 Study Session.
PUBLIC HEARING:
Application of Harlan Sorensen for a Conditional Use Permit for a Temporary Mobile Home
Structure. Building Inspection Director Craig Lewis reviewed the application of Harlan
Sorensen for a temporary mobile home structure, indicating that the request was for the renewal
of a current Conditional Use Permit. Council member Kuzma stated that the intent of the
Conditional Use Permits should not be to allow the use of a mobile home for long periods of
time. The applicant, Harlan Sorensen, 124 East Capital Avenue, spoke on behalf of the
application.
REQUESTS AND REFERRALS:
Receipt of Minutes. Motion by Wit, second by Murray to receive and place on file the minutes
of the Library Board, June 1, 1992; Downtown Improvement Board, June 16, 1992; Compost
Committee, June 29, 1992; Civil Service Commission, June 30, 1992; Zoo Committee, July 1,
1992. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Jacobsen abstained.
Consideration of Finance Director Appointment. The Mayor presented the nomination of Chuck
Haase to the Council for consideration as Finance Director. Motion by Sorensen, second by
Feaster to approve the nomination of Chuck Haase as Finance Director. Upon roll call vote,
Council members Seifert, Sorensen, Jacobsen, Feaster, and Wit voted aye. Kuzma, Shafer,
Neal, Murray, and Johnson voted nay. Mayor Dobesh broke the tie, voting to approve the
nomination of Chuck Haase. Motion to approve Chuck Haase as Finance Director carried.
Request of Harlan Sorensen for Conditional Use Permit for Temporary Mobile Home Structure.
Councilmember Johnson stated that similar extensions for Conditional Use Permits had generally
been approved by the City Council. Motion by Johnson, second by Sorensen to approve request
of Harlan Sorensen for a Conditional Use Permit for temporary mobile home structure at 124
East Capital Avenue. Upon roll call vote, Johnson, Wit, Murray, Neal, Feaster, Sorensen,
Shafer, and Jacobsen voted aye. Kuzma and Seifert voted nay. Motion to approve request
carried.
Requests of Cable Television Advisory Board. Motion by Neal, second by Wit to approve the
requests of the Cable Television Advisory Board relative to TCI Cablevision Quarterly Report
Format, TCI Cablevision Rate Projection; TCI Cablevision plans for a fiber optic system, and
I
I
I
Page 3, Regular Meeting, July 13, 1992
for the purchase of a video camera. After discussion, it was determined that the video camera
purchase would be made in conjunction with the needs for the studio in the new City Hall. John
Wagoner, 1710 North Harrison, stated the Cable Advisory Board wanted the meetings
videotaped to provide a public record of all meetings. Councilmember Wit stated his willingness
to tape the Cable Tel~ision Advisory Board meetings if available. Councilmember Johnson
suggested the purchase of a mobile camera for use by various boards be explored. Upon roll
call vote, motion to approve the requests of the Cable Television Advisory Board carried
unanimously.
Request of Ralph Engelhardt for License Agreement for Installation of Sewer Leach Field in
Easement. Ralph Engelhardt, 530 Hermitage Court, submitted an application for a License
Agreement to allow for the placement of a sewage leach field in the easement adjacent to the
north property line of the premises. Motion by Shafer, second by Sorensen, carried
unanimously to approve.
Request of Dennis Beran for License Agreement for Waiver in Sidewalk Construction Standards.
Dennis Beran, owner of Rustic Razor, 1402 West Third Street, submitted an application for a
License Agreement for installation of a redwood boardwalk which would protrude into the public
right of way. Motion by Seifert, second by Shafer, carried unanimously to approve.
Request to Extend Timetable for Demolition of Pier Park Pool. Council member Sorensen made
a motion to delay the demolition of Pier Park Pool, and thereby utilize the $50,000 allocated for
this expense for other projects. Gary Swallow, 309 East Ashton Avenue, voiced concern that
money had been allocated for the Pier Park Pool demolition but that citizens were uncertain of
the actual plans. Mr. Swallow added that the increased baseball activity at the Ashton Street
Field might warrant the retention of the restrooms at Pier Park Pool. Steve Paustian, Director
of Parks and Recreation, stated that several options are available relative to the demolition.
Council member Wit inquired as to the City's potential liability if Pier Park Pool is not
demolished. Councilmember Johnson clarified that the Pier Park Pool demolition would not
begin until the Water Park is operational. Council member Sorensen agreed to withdraw the
motion to delay demolition until additional information is obtained.
Claim of Diego Mendoza. et al Relative to Damages Relating to Traffic Accident. This item
was withdrawn from the agenda at the request of City Attorney Sinor pursuant to a request from
the claimant's attorney.
Request of Grand Island Soccer Association Relative to Maintenance and Development of Soccer
Fields. Steve Paustian, Director of Parks and Recreation, requested Council approval to instruct
City staff to establish a contract agreement with the Grand Island Soccer Association relative to
the maintenance and development of soccer fields. Motion by Jacobsen, second by Wit, carried
unanimously to establish a contract agreement with the Grand Island Soccer Association.
I
I
I
Page 4, Regular Meeting, July 13, 1992
Request of Grand Island Liederkranz for Special Designated Liquor Permit. Mayor Dobesh
requested this item be added to the agenda as an Emergency Item. Motion by Wit, second by
Jacobsen to add the request of the Grand Island Liederkranz for a Special Designated Liquor
Permit to the agenda. Upon roll call vote, Jacobsen, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, and' Shafer voted aye. Kuzma voted nay. Motion to add request of Grand
Island Liederkranz for Special Designated Liquor Permit carried. Mel Boroff, Liederkranz
board member, was present on behalf of the application. The Special Designated Liquor permit
was requested for July 25, 1992 and July 26, 1992 to provide for the sale of alcoholic beverages
in the Liederkranz courtyard. Motion by Seifert, second by Sorensen, carried unanimously to
approve request.
RESOLUTIONS:
#92-175 - Approving Final Plat and Subdivision Agreement for Hadenfeldt Subdivision. Mr.
and Mrs. Monty Hadenfeldt, Cairo, Nebraska, submitted the final plat for the Hadenfeldt
Subdivision, a 2.9 acre tract of land located on the south side of Cannon Road, approximately
one-fourth mile west of North Road. Councilmember Seifert expressed concern with the
expected lot sizes for this subdivision if the final plat and agreement are approved. Vivian
Walters, 4040 Cannon Road, voiced concern that area residents were not notified of the
proposed subdivision. City Attorney Sinor stated that notification to area residents is not
required for a change in a subdivision and that the subdivision agreement was in accordance with
the City subdivision guidelines. Motion by Seifert, second by Feaster to table this item until
additional information was obtained from the Regional Planning Commission relative to the
subdivision agreement. Council member Wit questioned the need for further information and
stated that the Council was required to approve the subdivision if all requirements for City Code
were met. Council member Seifert withdrew the motion to table this item. Motion by Jacobsen,
second by Neal to approve the final plat and subdivision agreement for Hadenfeldt Subdivision.
Upon roll call vote, Jacobsen, Wit, Murray, Neal, Johnson, Feaster, Shafer, and Kuzma voted
aye. Seifert voted nay. Sorensen abstained. Motion to approve final plat and subdivision
agreement for Hadenfeldt Subdivision carried.
#92-176 - Approving Final Plat for Bramer Subdivision. Mr. and Mrs. Howard Bramer of
Grand Island submitted the final plat for the Bramer Subdivision, a .40 acre tract of land located
on the west side of Vine Street between Fonner Park Road and Nebraska Avenue. The
subdivision will correct a title deficiency for one residential lot upon which a triplex is located.
Motion by Murray, second by Johnson, carried unanimously to approve the final plat for
Bramer Subdivision.
#92-177 - Approving Acceptance of Certificate of Completion for Watermain Districts 401 and
402 and setting date for Board of Equalization. Rutjens Construction of Tilden, Nebraska,
completed the construction work associated with Watermain Districts 401 and 402. Motion by
Shafer, second by Kuzma to approve Acceptance of Certificate of Completion and set Board of
Equalization date as August 24, 1992. Motion carried unanimously.
I
I
I
Page 5, Regular Meeting, July 13, 1992
#92-178 - Approving Intergovernmental Agreement with the Nebraska- State Patrol. The
intergovernmental agreement with the Nebraska State Patrol allows for the utilization of the
Police Department personnel to assist the Nebraska State Patrol in deterring, identifying,
investigating, apprehending, and facilitating the prosecution of minors attempting to purchase
alcohol, persons attempting to procure alcohol for a minor, and related offenses. A grant from
the Nebraska Office of Highway Safety will reimburse the City for the overtime costs incurred.
Motion by Seifert, second by Sorensen, carried unanimously to approve.
ORDINANCES:
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7837
Amending Personnel Salaries in Accordance with
Compensation Plan
Authorizing Conveyance of Homestead House at 415 East
Ninth Street
Amending Chapter 7, Section 7 of City Code pertaining to
Bingo Permit Fee and Repealing Ordinance #7825 Relative
to Bingo Permit Fee
#7840
#7841
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Motion was seconded by Feaster. Upon roll call vote, Jacobsen, Wit,
Murray, Neal, Johnson, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay.
Motion carried.
After inviting questions or comments and there being none, the mayor called for a roll call vote
on the motion. Jacobsen, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma
voted aye. Seifert voted nay. Motion carried.
Clerk: Ordinances #7837, #7840, #7841 on their first reading. All those in favor of passage,
answer roll call. On roll call vote, Jacobsen, Wit, Murray, Johnson, Neal, Feaster, Sorensen,
Shafer, and Kuzma voted aye. Seifert voted nay.
Clerk: Ordinances #7837, #7840, #7841 on their final reading. All those in favor of passage
of said Ordinances on final passage, answer roll call. On roll call vote, Jacobsen, Wit, Murray,
Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert voted nay. Motion
carried.
I
I
I
Page 6, Regular Meeting, July 13, 1992
Mayor: By reason of the Roll Call Votes on the First Reading and Final Passage of the
Ordinances, Ordinances #7837, #7840, and #7841 are declared to be lawfully passed and
adopted upon publication as required by law.
CLAIMS:
Motion by Kuzma, second by Murray, carried unanimously that claims in the amount of
$2,569,570.34 as presented by the City Clerk, be allowed. Motion carried.
ADJOURNMENT:
Meeting was adjourned at 8: 12 p.m.
Respectfully submitted,
(r( / l(i'Lf' 1<(. {!(lJJuJ JuqJJ-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
July 20, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, July 20, 1992. Notice
of the meeting was given in the Grand Island Daily Independent on July 15, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:02 p.m. The following
members were present: Mayor Dobesh, Councilmembers Jacobsen, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present:
City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and Public Works Director
Wayne Bennett.
Discussion on Clark/Eddy Street Traffic Modifications. Councilmember Sorensen stated that
he had received a petition signed by approximately 800 residents who were concerned about the
proposed Clark/Eddy Street traffic modifications. Mr. Sorensen asked that the plans for this
project be discontinued. Wayne Bennett, Public Works Director, stated that the official public
hearing had been scheduled for July 27, 1992, and, therefore, no representatives from BRW
were present to explain the study. Mr. Bennett added that the proposed Clark/Eddy Street
modifications were the result of an ongoing ten month process. Over 100,000 newsletters had
been mailed to the public, inviting comment. Information on the BRW Comprehensive Plan and
Transportation Study had been enclosed with utility bills for the past several months. No
adverse comments were received on the Clark/Eddy Street modifications. Mr. Bennett stated
that the concerns voiced at the Study Session would be forwarded to BRW for additional review.
Paul Hamilton, 305 Cherokee, Michael Cole, 2516 West Phoenix, Gene McCormick, 707 South
Pleasantview, Hank Price, 824 West 12th, Andrew Galloway, 904 West 5th Street, Sharon
Sorensen, 903 West 16th Street, Kenneth Jeppesen, 819 West 13th Street, George Solt, 3523
East Seedling Mile Road, Dane Smith, 1404 North Park Avenue, and John Wagoner, 1710
North Harrison, voiced opposition to the BRW plan relative to the Clark/Eddy Street
modifications. Council member Kuzma stated that the City had hired BRW to complete a
comprehensive plan for the entire city and to review all options. Ms. Kuzma added that the City
has the right to accept or reject any of the recommended options. City Administrator Zachary
Zoul noted that the Mayor and City Council had appointed 100 people to serve on various
Citizen Task Forces to provide for public input during the process and that two different
advisory committes were guiding the process. Council members Wit, Neal, Kuzma, and Johnson
applauded the citizens who were in attendance at the Study Session.
A five minute recess was taken at 7:50 p.m. Study Session reconvened at 7:58 p.m.
I
I
Page 2, Study Session, July 20, 1992
Discussion on Proposed Fireworks Ban. Councilmember Murray, as a result of public concern
relative to safety and air pollution, had proposed the possibility of a fireworks ban.
Councilmember Seifert spoke in opposition to a fireworks ban. Councilmember Sorensen added
that several non-profit organizations and civic groups rely on the revenue from the sale of
fireworks for their yearly fund raising. Jim Mayer, 2108 West Louise, Rich and Lou Rosno,
2539 Jan Street, Marie Black, 2105 Sherwood Road, Wayne Menke, 2120 North Huston, Marv
and Margie Kolar, 1739 South Ingalls, spoke in opposition to a fireworks ban. Mr. Kolar
requested the Council consider amending the City Code to allow for the sale of one and one half
inch firecrackers. Councilmember Seifert asked that this request be referred to a future agenda.
Councilmember Murray stated his intent in bringing this item to the Council was to solicit public
input. Mr. Murray acknowledged the consensus to reject a fireworks ban and withdrew the
proposal.
Discussion of Grand Isle Heritage Zoo Contract and Subsidy. City Attorney Sinor explained the
proposed contract with the Grand Isle Heritage Zoo. The contract includes a five year term and
a ninety day termination clause designed to protect the City's interest. Steve Paustian, Parks and
Recreation Director, stated that several options were explored relative to an agreement with the
zoo. The contract forwarded is similar to the current contract with the golf course and the tennis
center. City Attorney Sinor stated the Zoological Society is required to either provide the City
with a list of the Zoological Society's creditors in order for the City to notify the creditors of
the transfer of Zoological Society property; or the Zoological Society would need to provide a
signed affidavit stating the Zoological Society has no outstanding debts. Alicia Haussler,
President of the Zoological Society, stated that the Society is in agreement with the contract and
would provide any information required. City Administrator Zoul noted the Contract could be
modified to provide for greater control of the animals by the City if the Council desired. John
Wagoner, 1710 North Harrison, questioned the $50,000 subsidy allocated for 1991-1992. Gene
McCormick, 707 South Pleasantview, voiced his opinion that because July 31, 1992 is the end
of Fiscal Year 1991-1992, all appropriations should be made by that time. City Administrator
Zoul stated if the intent of the Council is to allocate $50,000 to the Zoological Society in 1991-
1992, it must be done by July 31, 1992.
Presentation by Don Beason on Drug and Crime Awareness. Don Beason, 310 West First
Street, presented information on his concerns relative to drug use and crime. Mr. Beason
requested the City endorse speaker Dave Story and his efforts to reduce drug use and gang
formation. Councilmember Johnson supported Mr. Beason's efforts. Councilmember Neal
voiced concern relative to the use of Mr. Story as a role model for children. Councilmember
Seifert proposed that Mr. Beason meet with Police Chief Watson and that Chief Watson submit
a recommendation to the City Council for consideration at a future meeting. Paul Hamilton, 305
Cherokee, supported the efforts of Dave Story.
tI Councilmember Johnson left the meeting at 9:31 p.m.
I
I
I
Page 3, Study Session, July 20, 1992
Review of College Park Lease Agreement. City Attorney Sinor presented a proposed lease
agreement with College Park, in which the City would have access to the College Park
auditorium and front lobby. The agreement is proposed for ten years. Earl Wilson, 2323
Bellwood Drive, questioned the legality of the contract if the intent is to replace sales tax paid
by the College. Gene McCormick added that Nebraska law prohibits the compensation of
services for sales tax. City Attorney Sinor replied that the agreement is for services which will
be available to the City, not for compensation of sales tax money.
Presentation and Discussion on Public Information and Communication Program. City
Administrator Zoul presented information on the initiation of a Public Information Program as
provided for in the 1992-1993 Annual Budget. Several views were expressed by
Council members relative to public information. Marie Black, 2105 Sherwood Road, spoke in
support of the public information program stating that citizens are becoming more involved in
government and are, therefore, demanding more information. Ms. Black encouraged the City
to follow through on this program. Gene McCormick, 707 South Pleasantview, added that
information provided to the citizens must be understandable to them or the information is not
helpful.
Councilmember Sorensen left the meeting at 10:00 p.m.
Review of Alternate Water Rate Structures. Gary Mader, Utilities Director, presented several
options to the Council relative to the proposed increase in water rates. Mr. Mader will prepare
an Ordinance for the July 27, 1992 meeting with the appropriate options for Council approval.
Discussion on Traffic Control at West Old Lincoln Highway and Custer Street Intersection.
Public Works Director, Wayne Bennett, will investigate the concerns of Councilmember Seifert
relative to this intersection and will report back to the Council at a later date.
ADJOURNMENT: Meeting was adjourned at 10: 13 p.m.
Respectfully submitted,
fl/~ Y., t[lJJw}uJYV
Cindy K. Cartwright
City Clerk
I
I
I
CITY OP GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF REGULAR CITY COUNCIL MEETING
July 27, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, July 27, 1992.
Notice of this meeting was given in the Grand Island Daily Independent on July 22, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Jacobsen, Wit, Murray, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. Councilmember Johnson was absent. The following
officials were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City
Attorney Keith Sinor and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Reverend Fred Gardner.
Approval of Minutes: Motion by Sorensen, second by Kuzma, carried unanimously to approve
the minutes of July 13, 1992, Regular City Council Meeting and July 20, 1992 City Council
Study Session.
PROCLAMATION: The City Clerk read a proclamation issued by Mayor Dobesh which
proclaimed Saturday, August 15, 1992, as "Henry Fonda Day".
PUBLIC HEARING: Comprehensive Land Use and Transportation Plan. Nelson Helm,
Regional Planning Commission Director, and Jeff Benson, consultant from BRW, Inc., presented
information on the Comprehensive Land Use and Transportation Plan. They indicated that
BRW, Inc., had been working with City staff, a Citizen's Advisory Committee, and a Technical
Advisory Committee for the last ten months to address land use and transportation issues through
the development of a Comprehensive and Transportation Plan. Mr. Helm noted that the
proposed plan identified various land use and transportation proposals to address future growth
and requests within the identified target year of 2010. Mr. Benson stated that several
alternatives had been suggested to facilitate improved north/south transportation in Grand Island
and that the proposed Clark/Eddy one way modification was one of the least expensive
suggestions offered. Mr. Benson added that the BRW, Inc. plan was a comprehensive plan for
the next 20 years, and encouraged the Council to look toward the City's future needs. Earl
Wilson, 2323 Bellwood Drive, Sharon Sorensen, 903 West 16th, Tim Wells, 1704 North Eddy,
Gene McCormick, 707 South Pleasantview, Teresa Gruener, 820 West 17th Street, Mike
Boston, 908 West Fifth, and Hank Price, 824 West 12th, Joyce Williams, 511 North Wheeler,
Janice Munn, 823 West 16th, Ranae Dugan, 816 West 17th Street, Fred Tustin, 808 West 16th,
and LaDonna Belzer, 910 West 16th, spoke against the proposed Clark/Eddy Street
modifications. Dan Govier, 716 South Stewart, Dick Good, 215 West 22nd, Denzel Busick,
3027 Brentwood Place, Jerry Huismann, 2410 Sante Fe Circle, spoke in favor of the proposed
I
I
I
Page 2, Regular Meeting, July 27, 1992
BRW plan, and commended the City Council on their efforts to provide for the future and to
make a decision based on the entire plan and not on just one facet of the study.
Clark/Eddy Street Traffic Modifications. Councilmember Sorensen moved to delete the
Clark/Eddy Street traffic modifications from Resolution #92-194. Councilmember Jacobsen
seconded the motion. Upon roll call vote, Wit, Murray, Feaster, Sorensen, Seifert, Shafer, and
Kuzma voted aye. Neal voted nay. Motion to delete Clark/Eddy Street traffic modifications
from the proposed BRW plan carried. Council member Wit stated that the perception of the
problem was the issue and added that alternative solutions to the problem of congestion on Eddy
Street had not been fully considered. Councilmember Kuzma stressed the need for citizen
involvement in any future discussions. Council member Neal made a motion to appoint a
committee consisting of the Citizen's Advisory committee and representatives of the Clark/Eddy
Street area to further study the traffic on Clark/Eddy Streets. Second by Kuzma. Upon roll call
vote, Murray, Neal, Wit, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Sorensen
voted nay. Motion to appoint committee carried. Mayor Dobesh asked that citizens interested
in serving on a committee relative to this issue contact his office.
1991-1992 Budget Amendment. Gene McCormick, 707 South Pleasantview, voiced support for
the utility debt restructuring. Paul Hamilton, 305 Cherokee, voiced various concerns about the
operation of City government.
DISCUSSION AND INFORMATION:
Sale of Dickey Seventh Subdivision Lots. City Attorney Sinor presented information relative
to the proposed sale of the Dickey Seventh Subdivision lots. Mr. Sinor stated the Council
should direct staff on how to proceed with the issue inasmuch as two offers to purchase the lots
had been received. John B. McDermott, attorney for the Grand Island Kingdom Hall of
Jehovah's Witnesses, was present. Arthur Wenn, the other interested party, was not present.
Council member Seifert made a motion to initiate an ordinance and contract to allow for the sale
of the lots to the Grand Island Kingdom Hall of Jehovah's Witnesses inasmuch as their offer to
purchase had been the first offer received. Council member Sorensen seconded the motion.
Upon roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Sorensen and Shafer voted
aye. Kuzma voted nay. Motion to instruct staff to initiate documents for sale of Dickey Seventh
Subdivision lots to Grand Island Kingdom Hall of Jehovah's Witnesses carried.
REOUESTS AND REFERRALS:
Receipt of Minutes. Motion by Sorensen, second by Murray, carried unanimously to receive
and place on file the minutes of the following meetings: Regional Planning Commission, July
8, 1992, and Civil Service Commission, July 14, 1992.
"-.--
I
I
I
Page 3, Regular Meeting, July 27, 1992
Special Designated Liquor Permits. The Special Designated Liquor Permits as requested are for
August 1, 1992 from 10:00 a.m. to 11:00 p.m. and for August 22, 1992, from 10:00 a.m. to
11:00 p.m. to provide for the sale of alcoholic beverages in a fenced in area immediately west
of the Generations building. Tom Bernard, owner of Generations, was present on behalf of the
application. Motion by Shafer, second by Seifert, carried unanimously, to approve request of
Generations for Special Designated Liquor Permits.
LICENSE AGREEMENT FOR USE OF CITY OWNED PROPERTY. The United States Army
Corps of Engineers submitted an application for a License Agreement to allow for the use of
City owned property, northeast of the Cornhusker Army Ammunition Plant, for the placement
of wells to monitor groundwater. Motion by Sorensen, second by Murray, carried unanimously
to approve request of the Army Corp of Engineers for a License Agreement for use of City
owned property.
LICENSE AGREEMENT TO MAINTAIN FENCE IN PUBLIC RIGHT-OF-WAY. Mr. and
Mrs. Fred Knefelkamp submitted an application for a License Agreement to allow for the
continued placement of a fence in the public right-of-way along Howard Avenue. Mr.
Knefelkamp was present on behalf of the application. Motion by Jacobsen, second by Sorensen,
carried unanimously to approve the request of Fred Knefelkamp for a License Agreement.
SUBDIVISION AGREEMENT FOR JEFFREY OAKS SUBDIVISION. Mr. William A.
Francis, legal counsel for Mr. Jim Reed, submitted a request to amend the subdivision
agreement for the Jeffrey Oaks Subdivision. Mr. Francis was present on behalf of the
petitioner. Nelson Helm, Regional Planning Commission Director, stated the intent of the
section of the Agreement in question provides that property owners waive the right to object to
the creation of a paving district but not the manner or method of assessment and that the waiver
is bound to property within the subdivision for which the Agreement is drawn and not upon
other lands that the subdivider may own that are not a part of the subdivision. Mr. Helm added
that changing the wording to specifically state that the waiver relates to the creation of a district
would be acceptable. City Attorney Sinor cautioned the Council to consider all issues involved
if the wording in the subdivision is changed. Council member Neal made a motion to continue
using the subdivision agreement, but to include the word "creation" in the agreement to clarify
the intent. Motion died for lack of a second. Council member Wit asked for information on the
anticipated implications of changing the subdivision agreement. Council member Seifert made
motion to table issue until further study can be done. Murray seconded the motion.
Councilmember Wit stressed the need to address the issue comprehensively. Upon roll call,
Jacobsen, Wit, Murray, Feaster, Seifert, Sorensen, and Shafer voted aye to table further
discussion. Kuzma and Neal voted nay. Motion to table request until further study carried.
I
I
I
Page 4, Regular Meeting, July 27, 1992
RESOLUTIONS:
#92-179 - Grant Application for Composting Machine and Site Development. The Public Works
Department presented a plan and grant application for a yard waste composting facility. Motion
by Seifert, second by Sorensen to approve Grant Application or Composting Machine and Site
Development. Upon roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Sorensen,
and Shafer voted aye. Kuzma abstained. Motion carried to approve grant application.
#92-189 - Grant Application for Educational Material relative to Waste Reduction and Recycling.
The Public Works Department presented an application for funds for the printing of educational
materials for solid waste reduction and recycling. Motion by Seifert, second by Feaster, to
approve grant application. Upon roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert,
Sorensen, and Shafer voted aye. Kuzma abstained. Motion carried to approve grant application.
#92-180 - Lease Agreement with Union Pacific Railroad. Wayne Bennett, Public Works
Director, stated that the Street and Alley Division of the Public Works Department is
headquartered at a site leased from the Union Pacific railroad, at 1111 West North Front Street
and that the lease expired on March 1, 1992. Mr. Bennett presented a lease renewal which
included an additional area which extended to the west of the existing leased area, and the
deletion of a rectangular area located along the southern boundary of the lease area. Motion by
Shafer, second by Kuzma, carried unanimously to approve the supplemental lease agreement
with Union Pacific Railroad.
#92-181 - Certificate of Final Completion for Asphalt Maintenance Proiect 92-AC-1. JIL
Asphalt Paving Company completed the work associated with Street Maintenance Project 92-AC-
1. Motion by Seifert, second by Murray, carried unanimously to approve Acceptance of
Certificate of Final Completion for Asphalt Maintenance Project 92-AC-1.
#92-182 - 1992-1993 Annual Budget Amendment. Finance Director, Chuck Haase, stated that
the Fiscal Year 1992-1993 Annual Budget and Program of Municipal Services was amended to
revise the personnel allocations contained in the Legislative Division and the Utilities
Department, Production Division. Motion by Wit, second by Murray to amend the 1992-1993
Annual Budget. Councilmember Feaster questioned the need for a Public Information Officer
at this time. Gene McCormick, 707 South Pleasantview, stated that the public notice relative
to this hearing did not indicate the amount of funds included in the amendment and did not
contain a copy of budget previously adopted. Councilmember Seifert spoke in support of the
Public Information Officer and stated the incorporation of this position would allow for
information relative to City government to be provided to citizens. Mayor Dobesh stated he
would be assembling information for a report which would be distributed to Council within the
week. Ken Hastings, 1414 West North Front, and George Solt, 3523 East Seedling Mile Road,
spoke in support of the change in the Production Division of the Utilities Department. Upon
roll call vote, Wit, Murray, Neal, Kuzma, Shafer, and Seifert voted aye. Jacobsen, Sorensen,
Feaster voted nay. Resolution carried. Mayor Dobesh then vetoed the approval of the 1992-
1993 Annual Budget Amendment.
I
I
I
Page 5, Regular Meeting, July 27, 1992
#92-183 - Bid Award for Wooden Utility Poles. The Purchasing Division presented bids for the
purchase of wooden poles to serve the Utilities Department, Electric Line Division. Four bids
were received ranging from $158.50 to $226.50 per individual pre-tax pole cost. The lowest
bid meeting specifications was submitted by Larsen Marketing of Lincoln in the amount of
$158.59 per pole. Motion by Seifert, second by Feaster, to award bid to Larsen Marketing.
Upon roll call vote, Jacobsen, Murray, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma
voted aye. Wit abstained. Motion carried.
#92-184 - Bid Award for Deadfront Padmount Transformers. The Purchasing Division
presented bids for the purchase of deadfront padmount transformers to serve the Utilities
Department, Electric Line Division. Five bids were received ranging from $33,332.76 to
$38,969. The lowest bid meeting specifications was by Husker Electric of Lincoln, in the
amount of $33,332.76. Motion by Seifert, second by Feaster to award bid to Husker Electric.
Upon roll call vote, Jacobsen, Murray, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma
voted aye. Wit abstained. Motion carried.
#92-185 - Bid Award for Watermain Proiect 92-W-1O. The Utilities Department presented bids
for Watermain Project 92-W-1O, to provide for the construction of a new 10 inch diameter
watermain along the west side of Highway 281, from 13th Street to the north Walnut property
line. Two bids were received ranging from $16,859 to $19,489,97. The low bid was submitted
by Omni Construction Company in the amount of $16,859. Motion by Seifert, second by
Feaster to award bid to Omni Construction Company. Upon roll call vote, Jacobsen, Murray,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit abstained. Motion carried.
#92-186 - Third Street Traffic Modifications. A proposal from the Comprehensive Land Use
and Transportation Plan providing for short-term improvements on Third Street between Eddy
Street and Blaine Street in the form of 1.) restriping Third Street as a three-lane street with a
center left turn lane, 2.) prohibiting on-street parking, and 3.) increasing the speed limit from
25 mph to 30 mph was presented. Councilmember Sorensen made a motion to reject Resolution
#92-186. Motion was seconded by Shafer. Upon roll call vote, Feaster, Seifert, Sorensen,
Shafer, and Kuzma voted aye to reject Resolution #92-186. Jacobsen, Murray, and Neal voted
nay. Wit abstained. Motion defeated. No further motion was made. This item was forwarded
to a future study session for further discussion.
#92-187 - State Street Traffic Lane Modifications. A proposal from the Comprehensive Land
Use and Transportation Plan recommending that the traffic control markings on State Street be
modified to provide for three lanes of traffic instead of four with a center left turn lane between
Webb Road and Highway 281 was presented. Motion by Seifert, second by Feaster, to approve
Resolution #92-187. Upon roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert,
Sorensen, and Kuzma voted aye. Shafer voted nay. Motion carried.
#92-188 - Support of LB216 relative to Roadside Refuse. It was reported that at the joint
meeting of the City Council Compost Committee and Hall County Waste Disposal Committee,
on June 29, 1992, the consensus of the members present was to draft a letter supporting LB216
I
I
I
Page 6, Regular Meeting, July 27, 1992
for signatures of members of both governing bodies. LB216 related to penalties for littering and
was viewed as beneficial to both the City and the County in their efforts to reduce the amount
of illegal dumping along the county roadsides. Councilmember Kuzma requested modifications
be made to the letter before the City Council signed it. Council member Neal asked that this
letter be returned to the City/County committee for further modifications. Louise Miller, 1104
West Charles, voiced opinion that roadside dumping was due to the burning ban. Motion by
Feaster, second by Sorensen to approve the joint letter. Upon roll call vote, Feaster, Sorensen,
and Jacobsen voted aye. Wit, Murray, Neal, Seifert, Shafer, and Kuzma voted nay. Motion
to approve the letter failed. Council member Neal made a motion to establish joint City staff and
Hall County Supervisors Committee to modify the letter. Second by Wit. Upon roll call vote,
Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Sorensen
abstained. Motion to establish committee to modify joint letter carried.
#92-190 - Optional Dental Insurance Plan for Personnel. Beth Griffiths, Interim Administrative
Services Director presented a proposal for optional dental coverage for City personnel based on
rates and plans available from Ameritas Life Insurance Company. Mrs. Griffiths added that
there would be no cost to the City for this voluntary coverage. Gene McCormick, 707 South
Pleasantview, questioned the employees' response to the optional insurance. Motion by Wit,
second by Sorensen to approve. Motion carried unanimously.
#92-191 - Health Coverage Contract with Blue Cross and Blue Shield. Beth Griffiths, Interim
Administrative Services Director, stated that the renewal offer for Health Coverage by Blue
Cross and Blue Shield is based on claims paid from May 1, 1991 to May 1, 1992 and resulted
in an 18.4% increase in annual premiums. Motion by Wit, second by Sorensen to authorize
renewal of the health coverage annual contract with Blue Cross/Blue Shield. Motion carried
unanimously.
#92-192- Health Insurance Coverage for Retired Employees. Beth Griffiths, Interim
Administrative Services Director, presented information relative to group health insurance
coverage for qualified retired City personnel. Mrs. Griffiths explained that Blue Cross and Blue
Shield of Nebraska offered an amendment to the group health insurance coverage which would
provide retired personnel the option of remaining on the health insurance plan by paying the
same rate as applicable to current personnel and that this optional coverage would be available
to those employees who retire on August 1,1992, or thereafter. Motion by Wit, second by
Sorensen, carried unanimously to approve contract amendment with Blue Cross and Blue Shield
for Optional Medical Coverage for Retired Employees.
#92-193 - Cummins Claim Under Political Subdivision's Tort Claim Act. Beth Griffiths,
Interim Administrative Services Director stated that Mr. and Mrs. Frank Cummins, 319
Pheasant Drive, filed a claim with the City of Grand Island under the Tort Claim Act on the
premise that they cannot build on their property, Lot 8 of Hidden Lakes Subdivision in Hall
County, because the placement of a leach field would be within 100 feet of the water well
located on an adjacent lot. Mrs. Griffiths explained that State Statutes require that there be 100
foot or greater separation between a well and a leach field but that this requirement is not set
I
I
I
Page 7, Regular Meeting, July 27, 1992
forth by City Code and that there were no known code violations on the adjacent lot. Motion
by Shafer, second by Kuzma, carried unanimously to deny claim.
#92-195 - Insurance Provisions relative to City Hall and Water Park Projects. City Attorney
Keith Sinor reported that Supplementary Conditions Section 1.13 of the City Hall construction
contract and Supplementary Conditions Section A-5 of the Water Park construction contract
require that the City provide property insurance during construction with a $1,000 deductible.
Mr. Sinor added that the contractor is responsible for any loss up to the amount of the
deductible. It was reported that because the City is self insured, it does not carry first claim
insurance on losses under $50,000. Mr. Sinor stated that in order to meet the insurance
requirements of the contracts, the city needed to purchase a separate policy or policies. Mr.
Sinor went on to state that in a related matter, Section 11.3.7 of the City Hall and the Water
Park construction contracts provide for a waiver of subrogation for insured losses to property
during construction. Mr. Sinor added that the City Hall contractor has requested a confirmation
of that waiver. Motion by Wit, second by Neal to approve. Upon roll call vote, Jacobsen, Wit,
Neal, Murray, Feaster, Seifert, Shafer, and Kuzma voted aye. Sorensen voted nay. Motion to
approve waiver insurance provisions carried.
ORDINANCES:
#7845 - To Amend Chapter 35. Section 30 relative to Water Rates. Three options relative to
water rates were presented to the Council for consideration. Motion by Murray, second by
Jacobsen, to select Option C which calculated all rate blocks, 12 % increase across the board,
and dropped the last rate block. Upon roll call vote, Jacobsen, Neal, Murray, Feaster, Shafer,
and Kuzma voted aye. Seifert, Sorensen, and Wit voted nay. Motion to select Option C relative
to water rate increases carried.
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7838 - To Create Water Main District 409T, Castle Estates
#7839 - To Create Water Main District 410, Castle Estates
#7842 - To Create Street Improvement District - Taft Street
#7843 - To Create Street Improvement District - Market Street
#7844 - To Create Street Improvement District - Superior Street
#7845 - To Amend Chapter 35, Section 30 Relative to Water Rates
#7846 - To Amend Personnel Salaries by Recodification
#7847 - To Amend 1991-1992 Annual Budget
#7848 - To authorize Vacation of Easement at 3214 West Westside Street
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to call out the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Council member Feaster seconded the motion.
I
I
I
Page 8, Regular Meeting, July 27, 1992
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Jacobsen, Wit, Murray, Neal, Feaster, Shafer, and Kuzma voted aye. Seifert,
and Sorensen voted nay. Motion failed. Councilmember Seifert requested #7845 be voted on
separately. Motion by Sorensen, second by Feaster to consider #7845 separately from the other
resolutions. Upon roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Shafer, and
Kuzma voted aye. Sorensen voted nay. Motion carried.
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7838 - To Create Water Main District 409T, Castle Estates
#7839 - To Create Water Main District 410, Castle Estates
#7842 - To Create Street Improvement District - Taft Street
#7843 - To Create Street Improvement District - Market Street
#7844 - To Create Street Improvement District - Superior Street
#7846 - To Amend Personnel Salaries by Recodification
#7847 - To Amend 1991-1992 Annual Budget
#7848 - To authorize Vacation of Easement at 3214 West Westside Street
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, and then upon their final passage, and call for a roll call vote on each reading
and final passage. Councilmember Feaster seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye.
Sorensen voted nay. Motion carried.
Clerk: Ordinances #7838, #7839, #7842, #7843, #7844, #7846, #7847, and #7848 on their first
reading. All those in favor of passage, answer roll call. Upon roll call vote, Jacobsen, Wit,
Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Sorensen voted nay. Motion
carried.
Clerk: Ordinances #7838, #7839, #7842, #7843, #7844, #7846, #7847, and #7848 on their final
passage. All those in favor of passage of said ordinances on their final passage, answer roll call.
On roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye.
Sorensen voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7838, #7839, #7842, #7843, #7844, #7846, #7847, and #7848 are declared to be
lawfully passed and adopted upon publication as required by law.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinance numbered:
I
I
I
Page 9, Regular Meeting, July 27, 1992
#7845 - To Amend Chapter 35, Section 30 Relative to Water Rates
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its first reading, and then upon its final passage, and call for a roll call vote on each reading and
final passage. Councilmember Shafer seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Jacobsen, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye.
Sorensen voted nay. Motion carried.
Clerk: Ordinance #7845 on its first reading. All those in favor of passage, answer roll call.
On roll call vote, Jacobsen, Wit, Murray, Neal, Feaster, Shafer, and Kuzma voted aye. Seifert
and Sorensen voted nay. Motion carried.
Clerk: Ordinance #7845 on its final reading. All those in favor of passage of said ordinance
on its final passage, answer roll call. On roll call vote, Jacobsen, Wit, Murray, Neal, Feaster,
Shafer, and Kuzma voted aye. Seifert and Sorensen voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinance #7845 is declared to be lawfully passed and adopted upon publication as required by
law.
CLAIMS:
Gene McCormick, 707 South Pleasantview, stated the City was out of compliance with point of
law inasmuch as the City Council members do not review each claim.
Motion by Seifert, second by Murray, carried unanimously to approve the claims in the amount
of $1,373,518.90 as submitted by the City Clerk.
ADJOURNMENT: Meeting was adjourned at 10:12 p.m.
Respectfully submitted, ,
~~cSg~
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
July 31, 1992
Pursuant to due call and notice thereof, a Special meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Friday, July 31, 1992 at
4:00 p.m. Notice of the meeting was given in the Grand Island Independent on July 29, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 4:00 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma. Councilmember Johnson was present via telephone. Jacobsen
was absent. The following officials were present: City Administrator Zachary Zoul, City Clerk
Cindy Cartwright, and City Attorney Keith Sinor.
Agreement for Operation and Management of Grand Isle Heritage Zoo. City Attorney Keith
Sinor stated that the Zoological Society had provided the required information necessary for the
conveyance of the zoo property to the City. Nadine Mathews spoke on behalf of the Zoological
Society and noted the Zoological Society was satisfied with the proposed agreement.
Councilmember Feaster voiced reservation relative to the zoo's outstanding debt and stated that
citizens should not be required to pay for the prior mismanagement of the zoo. Dan Fogland,
2508 Riverside Drive, spoke in support of the zoo and noted that the contract was for a one year
period of time. Councilmember Sorensen objected to the $50,000 appropriation for the zoo in
the 1991-1992 Annual Budget. Council member Johnson stated that the message sent by the
voters was one of genuine interest in City support of the zoo. Councilmember Neal stated that
although she initially opposed the allocation to the zoo, she had since determined that the citizens
wanted the City to operate the zoo. Earl Wilson, 2323 Bellwood Drive, spoke in opposition to
payment to the zoo. Motion by Kuzma, second by Seifert to approve the agreement. Upon roll
call vote, Wit, Murray, Neal, Johnson, Seifert, Shafer, and Kuzma voted aye. Sorensen and
Feaster voted nay. Motion carried to approve agreement for operation and management of
Grand Isle Heritage Zoo.
College Park Lease Agreement. City Attorney Sinor presented a proposed lease agreement with
College Park allowing City use of the College Park auditorium and lobby. Motion by Murray,
second by Neal to approve the College Park Lease Agreement. Upon roll call vote, Wit,
Murray, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Johnson abstained.
Motion carried.
#7849 - 1992-1993 Annual Budget Amendment. Councilmember Sorensen moved that the
statutory rules requiring ordinances to be read by title on three different days be suspended and
that the ordinance numbered:
I
I
I
Page 2, Special City Council Meeting, July 31, 1992
#7849 - Amending 1992-1993 Annual Budget
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its first reading, and then upon its final passage, and call for a roll call vote on each reading and
final passage. Motion was seconded by Kuzma. Motion carried unanimously.
After inviting questions or comments and there being none, the mayor called for a roll call vote
on the motion. Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma
voted aye. Motion carried.
Clerk: Ordinance #7849 on its first reading. All those in favor of passage, answer roll call.
On roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma
voted aye. Motion carried.
Clerk: Ordinance #7849 on its final reading. All those in favor of passage of said Ordinance
on final passage, answer roll call. On roll call vote, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma voted aye. Motion carried.
Mayor: By reason of the Roll Call Votes on the First Reading and Final Passage of the
Ordinance, Ordinance #7849 is declared to be lawfully passed and adopted upon publication as
required by law.
#92-196 - GAB Business Services. Inc. The Risk Management Division presented a renewal
contract from GAB Business Services, Inc., for the administration of general liability, auto
physical damage, auto liability, boiler and machinery, athletic participation, inland marine,
property and workers' compensation (medial only and indemnity) claims. Beth Griffiths, Interim
Administrative Services Director, stated that the renewal contract period was August 1, 1992
through July 31, 1992 and that the annual fee for these services was $12,350.04. Motion by
Sorensen, second by Shafer, carried unanimously to approve.
#92-197 - Errors and Omissions Insurance Policy. The Risk Management Division presented
a renewal contract from The Insurance Group for Errors and Omissions Insurance for the City's
elected and appointed officials. Interim Administrative Services Director, Beth Griffiths, stated
that insurance coverage would be provided by Scottsdale Insurance Company and that the
renewal premium for contract period August 1, 1992 through July 31, 1992 was $24,095.82.
Motion by Shafer, second by Seifert, carried unanimously to approve contract renewal.
CLAIMS:
Motion by Shafer, second by Seifert, that claims in the amount of $50,000.00 as presented by
the City Clerk be allowed. Upon roll call vote, Wit, Murray, Neal, Feaster, Seifert, Sorensen,
Shafer, and Kuzma voted aye. Johnson abstained. Motion carried.
I Page 3, Special City Council Meeting, July 31, 1992
ADJOURNMENT:
I
I
Meeting was adjourned at 4: 16 p.m.
Respectfully submitted,
c~w~t
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
August 3, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers on Monday, August 3, 1992. Notice of this
meeting was given in the Grand Island Independent on July 29, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Murray, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma. Jacobsen, Wit, and Johnson were absent. The following officials
were present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright and Public Works
Director Wayne Bennett.
Presentation on Well Head Protection Areas. Bruce Hansen, Well Head Protection Coordinator
from the Nebraska Department of Environmental Control, presented information on the Nebraska
Well Head Protection Program. He stated that the goal of the program was to protect the well
head areas of public water supplies from contaminants which may have an adverse effect on the
health of persons and that the program was initiated after a mandate from Congress. Don
Lewis, Bladen, Nebraska, questioned if any influence from the Platte River could be shown in
groundwater. Debra McDowell, 4042 Roth Road, asked if the contaminate list would be made
available to the public. Ms. McDowell also questioned the process which would be followed
when a landowner is identified as a potential contaminate. Mr. Hansen stated that although
everyone had a moral obligation to work with the program, as yet there were no legal
ramifications for offenders. Councilmember Murray asked if the City had adopted any of the
options relative to well head protection. Gary Mader, Utilities Director, replied that because
the process was still in the information stage, no recommendation was made at this time. Jim
Sanders, 218 North Harrison, asked if a correlation between surface water used for irrigation
and contaiminated groundwater could be found, and asked if identification of a problem
enhanced prevention. Mr. Hansen replied that the correlation between surface water and
groundwater was being studied but no specific determinations had been made. Mr. Hansen
added that when a problem is identified, in time the problem will resolve itself.
Discussion of Fireworks Standards. Fire Chief Schwieger expressed concern over amending the
City Code to allow for the sale of larger fireworks. Marv Kolar, 1739 South Ingalls, spoke in
favor of allowing for the sale of one and one half inch fireworks in the City, which would be
consistent with State law. Gene McCormick, 707 South Pleasantview, questioned if fireworks
could be tampered with to increase the amount of powder. Mr. Kolar replied that the casing on
the fireworks made tampering almost impossible. Councilmember Seifert questioned the loss
of revenue to the City due to the ordinance preventing sale of one and one half inch fireworks.
Councilmember Kuzma asked that amending the City Code to allow for the sale of one and one
half inch fireworks be referred to the August 10, 1992 City Council meeting for action.
I
I
I
Page 2, Study Session, August 3, 1992
Traffic Control at West Old Lincoln Highway and Custer Street Intersection. Wayne Bennett,
Director of Public Works, stated that the Public Works Department had been monitoring this
intersection for several years and that the accident rate at this intersection had not been a
problem. Mr. Bennett suggested another study be conducted at this intersection in September
when school traffic resumes. Councilmember Seifert asked Mr. Bennett to also monitor the
Engleman Road and Capital A venue intersection for possible installation of a school zone traffic
light.
Jeffrey Oaks Subdivision Agreement Waiver. Nelson Helm, Director of the Regional Planning
Commission, stated that the clause in question had been in the subdivision code for many years.
The removal of the clause would impair street improvements and cause the City to pay for
improvements normally funded for by adjacent property owners. Bill Francis, legal counsel for
Jim Reed, owner of Jeffrey Oaks Subdivision, was present on behalf of the request. Mr. Francis
stated that the future property owners of adjoining property would not have input on
improvements if in the future the Council approves a street improvement district for this area
or decides to pave the street. Council member Kuzma questioned if potential buyers would be
aware of this situation. Mr. Helm stated that the subdivision agreement is filed in the Register
of Deeds Office and would be available to any prospective buyer. Mr. Helm added that the
waiver of the right to protest creation of a district had been successfully defended in District
Court. Councilmember Sorensen stated that everyone should have the right to protest action by
the City and voiced support for the waiver. The request for waiver for Jeffrey Oaks Subdivision
Agreement was scheduled for action at the August 10, 1992 City Council Meeting.
Presentation and Discussion on Preliminary Draft Hydrological Study Solicitation. Gary Mader,
Utilities Director, stated that the preliminary draft hydrological study consisted of two separate
phases of study. Mr. Mader suggested the City solicit proposals from qualified hydrological
engineering firms to provide the services desired. Council member Seifert asked if the studies
conducted at the University of Lincoln would be beneficial. Mayor Dobesh stated that other
cities might be interested in a joint venture. Mr. Mader replied that Lincoln, Omaha, Wood
River, Kearney, and Lexington all rely on the Platte River for their water supply.
Council member Murray stated that the initial phase of the project involved soliciting proposals
and that the City would not incur any costs from doing this. Gene McCormick, 707 South
Pleasantview, stated that since Lincoln was a long time user of the Platte River, city officials
in Lincoln might have information available. Council member Neal spoke in favor of proceeding
with the requests for proposals. Mrs. Neal stated this was an essential step which needed to be
taken.
Discussion on Joint Letter in Support of LB216 relative to Roadside Refuse. Wayne Bennett,
Director of Public Works, presented an amended version of the joint letter in support ofLB216,
ready for Council member signatures.
I
I
I
Page 3, Study Session, August 3, 1992
Work Session to Review Status on Water Park and City Hall Projects. City Administrator
Zachary Zoul provided an update on the current budget status of the Water Park and City Hall
Projects and indicated that updates would be given on a regular basis to keep Council appraised
of the progress and financial status.
Adjournment. Meeting was adjourned at 9:30 p.m.
Respectfully submitted,
~1
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF REGULAR CITY COUNCIL MEETING
August 10, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, August 10,
1992. Notice of this meeting was given in the Grand Island Daily Independent on August 5,
1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Jacobsen, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present:
City Administrator Zachary Zoul, City Clerk Cindy Cartwright, Assistant City Attorney Lisa
Thayer, and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Pastor Lawrence Becker.
Approval of Minutes: Motion by Shafer, second by Sorensen, carried unanimously to approve
the minutes of the July 27, 1992 Regular City Council Meeting, July 31, 1992 Special City
Council Meeting, and August 3, 1992 City Council Study Session.
PUBLIC HEARING:
Proposed Amendments to Zoning Ordinance. Nelson Helm, Regional Planning Commission
Director, presented a number of amendments to the Zoning Code which were designed to
eliminate conflict with the Uniform Building Code and to bring the flood hazard zone definitions
in compliance. No testimony from the public was received.
PUBLIC PARTICIPATION:
Earl Wilson, 2323 Bellwood Drive, voiced concern relative to the landfill project and the
establishment of the Grand Island Solid Waste Agency.
DISCUSSION AND INFORMATION ITEMS:
Establishment of Rates for Aerial Photography. Wayne Bennett, Public Works Director,
provided information relative to the proposed fees for aerial photography. Councilmember
Johnson suggested a fee of $3 per square foot.
Sale of Dickey Seventh Subdivision Lots. Arnold Wenn, 2410 Overland Trail Circle, was
present to protest the sale of the Dickey Seventh Subdivision lots to the Grand Island Kingdom
Hall of Jehovah's Witnesses, inasmuch as Mr. Wenn had also submitted a purchase request for
I
I
I
Page 2, Regular Meeting, August 10, 1992
the property. City Administrator Zachary Zoul outlined the sequence of events which had led
to Council action of July 27, 1992, for the sale of the Dickey Seventh Subdivision Lots to the
Grand Island Kingdom Hall of Jehovah's Witnesses. Councilmember Johnson stated that it
would be in the City's best interest to deny sale of the lots at this time and to advertise for bids,
stating the minimum bid would be the appraised value of $4,500 per lot. Motion by Neal,
second by Johnson to reject both current bids for property, and readvertise property for sale.
Upon roll call vote, Neal, Murray, Johnson, Wit, and Kuzma voted aye. Jacobsen, Feaster,
Seifert, Sorensen, and Shafer voted nay. Mayor Dobesh broke the tie, voting nay. Motion to
reject both bids and readvertise sale failed. Motion by Sorensen, second by Seifert, to sell
property to Jehovah's Witnesses. Upon roll call vote, Feaster, Seifert, and Sorensen voted aye.
Jacobsen, Wit, Murray, Johnson, Neal, Shafer, and Kuzma voted nay. Motion failed.
Councilmember Johnson made a motion that the Council not sell the properties at this time.
Motion seconded by Wit. Upon roll call vote, Feaster, Seifert, Kuzma, Neal, Murray, Johnson,
and Wit voted aye. Sorensen, Shafer, and Jacobsen voted nay. Motion carried.
Mayor Dobesh declared a five minute recess at 8:35 p.m. Meeting resumed at 8:40.
Councilmember Jacobsen left the meeting at 8:35 p.m.
REOUESTS AND REFERRALS:
Receipt of Minutes: Motion by Seifert, second by Sorensen, carried unanimously to receive and
place on file the minutes of the following meetings: Civil Service Commission, July 14, 1992,
Board of Health, July 15, 1992, Civil Service Commission, July 31, 1992.
Use of Public Streets. Motion by Feaster, second by Kuzma, carried unanimously to approve
the request of Ms. Michele Blakely, 512 East Second Street, for use of public streets for the
purpose of engaging in the business of street vending.
Subdivision Agreement for Jeffrey Oaks Subdivision. Nelson Helm, Regional Planning
Commission Director, stated that this clause in the subdivision agreement was standard, and that
the intent of the clause was to waive the right to object to,the creation of a paving district and
not the manner or method of assessment. Mr. William Francis, legal counsel for Mr. Jim Reed,
reiterated that the future property owners of this land would not have the right to protest the
creation of a paving district. Jaye Kieselhorst, 4080 Cannon Road, spoke against the proposed
change in the subdivision agreement. Motion by Johnson, second by Wit, to amend the
subdivision agreement as requested. Upon roll call vote, Wit, Johnson, Neal, and Feaster voted
aye. Murray, Seifert, Sorensen, Shafer, and Kuzma voted nay. Motion to amend subdivision
agreement failed.
Subdivision Agreement for Commonwealth Business Park Subdivision. Motion by Shafer,
second by Seifert, carried unanimously to approve the request of Roger Anderson and Fred
Bosselman relative to amendment of the subdivision agreement for Commonwealth Business Park
I
I
I
Page 3, Regular Meeting, August 10, 1992
Subdivision in order to provide additional paving for the Anderson Dealership adjacent to Old
Potash Highway.
License Agreement for Garage Encroachment in Public Right of Way. Motion by Sorensen,
second by Shafer, carried unanimously to approve the request on behalf of Gerald Gibson, 404
West Avenue, for a License Agreement to allow for the continued placement of a garage in the
public right of way.
License Agreement to Maintain Fence in Public Right of Way. Motion by Feaster, second by
Seifert, carried unanimously to approve the request of Mr. and Mrs. David Talkington, 2122
West Fourth Street, for a License Agreement to maintain their fence in the public right of way.
Mr. and Mrs. Talkington were present to answer questions.
License Agreement for Location of Driveway on Easement. Motion by Feaster, second by
Sorensen, carried unanimously to approve the request of Mr. and Mrs. Kenneth Schmidt, 1018
Kennedy Drive, for a License Agreement to locate a driveway on an easement. Mr. Schmidt
was present to answer questions.
Vacation of Horizons West Subdivision. Motion by Kuzma, second by Shafer, carried
unanimously to approve the request of Greg Baxter for vacation of Horizons West Subdivision,
with City retentionof the right of way.
Approval of Appointments. Mayor Dobesh, submitted the appointments ofMikeJ. Horn, M.D.,
and Linda Gartner, to serve three year terms on the Board of Health, Councilmember Steve
Johnson as Downtown Improvement Board Liaison and Community Development Advisory
Board Liaison, and, upon the recommendation of the Community Development Board, the
appointment of Lupe Valderaz and George Bartenbach to the Community Development Advisory
Board, to the City Council for consideration. Motion by Sorensen, second by Feaster, carried
unanimously to approve.
Dissolution of Committees. Motion by Sorensen, second by Shafer, carried unanimously to
approve the recommendation by Mayor Dobesh to disband the Skateboard Committee,
Liederkranz Committee, and the Redistricting Committee.
RESOLUTIONS:
#92-182 - 1992-1993 Budget Amendment. Motion by Kuzma, second by Shafer, to approve
Resolution #92-182 which was vetoed by Mayor Dobesh on July 27, 1992. Councilmember
Johnson voiced agreement with Councilmember Seifert on the importance of providing correct
information to the public. Upon roll call vote, Wit, Murray, Johnson, Neal, Shafer, and Kuzma
voted aye. Jacobsen, Seifert, Sorensen, and Feaster voted nay. Motion to override Mayor
Dobesh's veto failed. Motion by Seifert, second by Sorensen, carried unanimously to approve
Resolution #92-182 incorporating only the Utility personnel modifications.
I
I
I
Page 4, Regular Meeting, August 10, 1992
#92-199 - Change Orders to City Hall Project Contract. Beth Griffiths, Interim Director of
Administrative Services, presented two change orders for the City Hall Project Contract, which
address necessary revisions to the building design and the addition of certain building
components which were deleted from the original bid due to funding considerations. Motion by
Wit, second by Murray to approve the change orders to the City Hall Project Contract. Upon
roll call vote, Wit, Murray, Neal, Feaster, Shafer, and Kuzma voted aye. Johnson, Seifert, and
Sorensen voted nay. Motion carried.
#92-200 - Telephone System Consultant. The Purchasing Division presented proposals for
telephone system consulting services associated with the new City Hall. Proposals ranged from
$9,500 to $27,090. Motion by Seifert, second by Shafer to award bid for telephone system
consultant for the new City Hall to Reed Veach Wurdeman. Upon roll call vote, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Sorensen voted nay. Motion
carried.
#92-201 - Final Plat and Subdivision Agreement for Toukan Second Subdivision. Mid-States
Enterprises, Inc. of Columbus, Ohio, submitted the final plat for Toukan Second Subdivision,
a 6.028 acre tract of land located on the south side of State Street west of Diers Avenue.
Motion by Feaster, second by Shafer, carried unanimously to approve the Final Plat and
Subdivision agreement for Toukan Second Subdivision.
#92-202 - Loading Zone on West Side of Walnut Street Adiacent to 401 West Third Street.
Public Works Director Wayne Bennett reported that Mr. Tom Hill, owner of Hill's Furniture,
requested that one parking stall on the west side of Walnut Street along the east side of the
business at 401 West Third Street, be changed to a loading zone. Motion by Sorensen, second
by Feaster, carried unanimously to approve request.
#92-203 - Fiber Optic Communication Utility. Councilmember Seifert presented a
recommendation from the Cable Television Advisory Board, that the City Council proceed with
the development of a fiber optic communications utility and place a $4.6 million general
obligation bond necessary to finance the system on the November 1992 general election ballot.
Motion by Seifert, second by Sorensen to approve Resolution #92-203. Council member Murray
questioned the source of funding for the project until revenues were generated. Jim Sander,
Cable Television Advisory Board member, 218 North Harrison, reported that the system would
not be expected to be profitable until the second year of operation. Councilmember Murray
asked what businesses might be interested in leasing the fiber optic lines. Council member
Seifert replied that the telephone company, colleges, security system businesses, were all
potential customers. Councilmember Johnson stated he had not received the requested
supporting documentation from other cities which have a municipally owned cable system. Mr.
Johnson stated he would be willing to meet in a special session when more information was
forthcoming. Councilmember Johnson made a motion to table any action until additional
information was produced. Councilmember Murray seconded the motion. Councilmember
Seifert reminded Mr. Johnson that 91 % of the City's constituents voted for municipally owned
I
I
I
Page 5, Regular Meeting, August 10, 1992
cable. Council member Johnson called for the question. Upon roll call vote, Murray, Johnson,
Neal and Kuzma voted aye. Jacobsen, Wit, Shafer, Sorensen, Seifert, and Feaster voted nay.
Motion failed. Councilmember Neal stated that the Council should examine the cost/return
calculations. Mrs. Neal asked that statements from businesses who showed an interest in the
system be collected. Councilmember Seifert called for the question. Council members Kuzma
and Murray objected to the call for question. Councilmember Johnson stated it would be
irresponsible for the Council to vote without an opinion from the Legal and Finance
Departments. Chuck Haase, Finance Director, stated that he had not had a chance to review the
proposal and that information on the bond issue had not yet been decided. Mr. Haase added that
the debt service would have to be approved by the voters in order to increase the tax levy. Lisa
Thayer, Assistant City Attorney, stated that because of the cost involved, the issue of the legality
of owning and leasing out a system was important. Council member Wit questioned the
marketability of general obligation bonds. John Wagoner, 1710 South Harrison, stated that the
voters would make the decision on having a municipally owned cable system. Councilmember
Kuzma stressed the importance of giving citizens enough information to make an educated
choice. Council member Shafer stated he believed that private competition was the solution.
Gene McCormick, 707 South Pleasantview, stated that putting this issue on the ballot would
determine what the people want. Council member Seifert withdrew calling the question. Upon
roll call vote, Jacobsen, Wit, Feaster, Seifert, Sorensen, and Shafer voted aye. Murray,
Johnson, and Neal voted nay. Kuzma abstained. Motion carried to approve Cable Television
Board's recommendation relative to the fiber optic communication utility.
ORDINANCES:
Councilmember Seifert asked that Ordinance #7855 and #7856 be acted upon separately from
the remaining balance of the ordinances. Councilmember Kuzma seconded the motion. Upon
roll call vote, Wit, Murray, Johnson, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye.
Neal voted nay. Motion carried. Gene McCormick, 707 South Pleasantview, spoke against the
proposed intergovernmental agreement with Hall County to create the Grand Island Area Solid
Waste Agency. John McDermott, 213 South Greenwich Street, requested clarification on the
action taken relative to the sale of the Dickey Seventh Subdivision lots.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7850 - Approving Execution of Intergovernmental Agreement with Hall County
Creating the Grand Island Area Solid Waste Agency
#7852 - Authorizing Conveyance of Landfill Property to Grand Island Solid Waste
Agency
#7853 - Approving Amendments to Zoning Ordinance
#7854 - Amending Chapter 16, Section 20 of City Code pertaining to Fireworks
#7857 - Authorizing Conveyance of Homestead House at 503 East Ninth Street
I
I
I
Page 6, Regular Meeting, August 10, 1992
be considered for passage on the same day upon reading by number only, and then placed on
final passage, 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
final passage. Councilmember Seifert seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
Clerk: Ordinances #7850, #7852, #7853, #7854, #7857, on their first reading. All those in
favor of passage, answer roll call. Motion carried unanimously.
Clerk: Ordinances #7850, #7852, #7853, #7854, #7857, on their final passage. All those in
favor of passage of said ordinances on their final passage, answer roll call. Motion carried
unanimously.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7850, #7852, #7853, #7854, and #7857 are declared to be lawfully passage and
adopted upon publication as required by law.
Motion was made by Councilmember Sorensen, second by Murray to approve ordinances #7855,
and #7856. Upon roll call vote, Wit, Murray, Johnson, and Neal voted aye. Feaster, Seifert,
Sorensen, Shafer, and Kuzma voted nay. Motion failed.
Councilmember Seifert explained that the concern with passage of these ordinances was that the
sale of this property was to a corporation, not an individual. City Clerk read the number and
title of Ordinances #7855 and #7856 for first reading. Upon roll call vote, Wit, Murray,
Johnson, and Neal voted aye. Feaster, Seifert, Sorensen, Shafer, and Kuzma voted nay.
Motion failed.
Council member Sorensen made a motion to forward Ordinance #7855 and #7856 to the August
17, 1992 Study Session. Motion seconded by Feaster. Upon roll call vote, Wit, Murray,
Johnson, Neal, Feaster, Seifert, and Sorensen voted aye. Kuzma and Shafer voted nay. Motion
carried.
CLAIMS:
Motion by Sorensen, second by Murray, carried unanimously to approve the claims in the
amount of $2,565,246.50 as submitted by the City Clerk.
ADJOURNMENT: Meeting was adjourned at 9:31 p.m.
I
I
I
Page 7, Regular Meeting, August 10, 1992
Respectfully submitted,
~~
Cindy K. Cartwright
City Clerk
I
I
I
CITY OP GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
August 17, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, August 17, 1992.
Notice of this meeting was given in the Grand Island Independent on August 12, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, and Shafer. Jacobsen and Kuzma were absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, and Public Works
Director Wayne Bennett.
Vacation of Alleyway and Sale of Block 11. Lot 1. Joehnck's Addition. Nelson Helm, Regional
Planning Director, stated that Larry Boesen had submitted an offer to purchase a vacant, surplus
City lot. Council member Johnson stated that the concern raised at the August 10, 1992 City
Council meeting, was that the purchaser was listed as a corporation, not an individual. Gene
McCormick, 707 South Pleasantview, voiced concern with the sale of City property without
retainment of easements.
Comprehensive Land Use and Transportation Plan. Nelson Helm, Regional Planning Director,
explained that the Comprehensive Land Use and Transportation Plan was a culmination of work
which began approximately one year ago and that this is Grand Island's first Comprehensive
Plan since 1964. Mr. Helm stated that the process began with ten task forces comprised of
thirteen citizens, one City Councilmember, and one staff member. Mr. Helm stated that the
input from the committees was forwarded to the City's consultant, BRW, and that this
information was used to determine short term, mid term and long term objectives.
Councilmember Shafer questioned the decision to widen East Highway 30 to the Hall County
line, instead of terminating at the City limits which is Shady Bend Road. Wayne Bennett,
Director of Public Works, and Chuck McCann, Nebraska Department of Roads, explained that
the City would only be responsible for expenses incurred with the widening to Shady Bend Road
and that the State would be responsible for expenses associated with the widening of the road
from City limits to the Hall County line. Councilmember Sorensen voiced concern about the
expansion of Webb Road to a five lane highway because of the close proximity of Highway 281,
and about the removal of parking from Third Street in respect to the parks on this street. Mr.
Sorensen also added that the Burlington Northern overhead project and the extension of State
Street to Cannon Road should be made top priorities. Mr. Helm stated that the five lane on
Webb Road was necessary inasmuch as US Highway 281 had limited access whereas Webb Road
was a primary access road. Mr. Bennett explained that because Grand Island was a major retail
trade center, attractive roads with a minimum of traffic congestion are required. Mr. Helm
I
I
I
Page 2, Study Session, August 17, 1992
stressed that the objective of the plan was to look at the needs of the entire community, not just
a small section of the community. Denzel Busick, 3027 Brentwood Place, spoke in favor of the
Comprehensive Plan and stated that failure to plan was planning to fail. Councilmember
Johnson questioned the addition of multifamily dwellings in the Northwest area and stated that
the City should not wait nineteen years to make the changes recommended in a twenty year plan.
Councilmember Murray suggested an individual be designated to insure that the changes in the
Plan are brought to the Council for action. Gene McCormick, 707 South Pleasantview, spoke
in agreement with the Plan but voiced concern with the elimination of the Clark/Eddy Street
modification. Mr. McCormick stated that failure to address the problems with these streets will
affect other streets. Mayor Dobesh questioned the status of the Burlington Northern Overhead
Project. Mr. Bennett responded that information from Burlington Northern was expected by
mid-September. Debra Schultz, 2508 Cottonwood Road, stated that the overall projections of
the City of Grand Island were exciting and she urged the Council to look beyond what was
currently happening and to realize that although change might be painful, it was necessary.
George Poullos, 2616 Cottonwood Road, stated that the Council should reinvest in the future
by reinvesting in the community and stressed the importance of recognizing that the needs of the
many outnumber the needs of the few.
Adjournment. Meeting was adjourned at 7:45.
Respectfully submitted,
~^
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
August 24, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on August 24, 1992. Notice of the
meeting was given in the Grand Island Independent on August 19, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:02 p.m. The following
members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, and Kuzma. Jacobsen and Shafer were absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith
Sinor and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation by Reverend Michael Cole.
Approval of Minutes: Motion by Sorensen, second by Feaster, carried unanimously to approve
the Minutes of the August 10, 1992 Regular City Council Meeting, August 17, 1992 City
Council Study Session.
PRESENTATIONS:
Presentation to Officers on their Retirement. Mayor Dobesh presented Mr. Donald C. Poole
and Mr. Cecil J. Zornes each with a gold watch to commemorate their retirement from the
Police Department.
ADJOURN TO BOARD OF EOUALIZA TION: Motion by Kuzma, second by Murray, carried
unanimously to adjourn to the Board of Equalization.
Determining Benefits of Water Main District #401. Utilities Director Gary Mader reported that
this District had been created in September, 1991 to provide improvements in the form of a 6-
inch water main along Edna Drive from Mabel Drive to North Road. Mr. Mader added that
construction was completed by April 30, 1992. No public testimony was received.
Determining Benefits of Water Main District #402. Utilities Director Gary Mader reported that
this District had been created in September, 1991 to provide improvements in the form of a 6-
inch water main along Lillie Drive from Mabel Drive to North Road. Construction was
completed on April 30, 1992. No public testimony was received Motion by Johnson, second
by Wit, to approve Resolution #92-BE-004 to Determine Benefits for Water Main District #401
and Resolution #92-BE-005 to Determine Benefits for Water Main District #402. Motion carried
unanimously.
I
I
I
Page 2, Regular Meeting, August 24, 1992
ADJOURN TO REGULAR SESSION: Motion by Kuzma, second by Sorensen, carried
unanimously to adjourn to Regular Session.
PUBLIC HEARING:
Application for Liquor License. Public hearing was held on the request of Valentino's Inc.,
2245 North Webb Road, for a Class "J" Liquor License. City Attorney Keith Sinor introduced
the following exhibits: Application for the Liquor License filed with the Liquor Control
Commission and received by the City Clerk on July 22, 1992; Notice to applicant of date, time,
and place of hearing mailed on August 4, 1992; Notice to general public of date, time, and place
of hearing published on August 7, 1992; Chapter 4, City Code - Alcoholic Beverages; and
Departmental reports as required by City Code. John Thompson, Valentino's manager, was
present on behalf of the application. No testimony from the public was received.
PUBLIC PARTICIPATION: Justin Webb, 1223 West Eighth Street and Andy Larsen, 510 East
Seventh Street, representatives from the Junior City Council, were present to provide the
Council with an update of the activities of the Junior City Council.
Glendale Reiss, 910 North Boggs, requested the City investigate the need for sidewalks in
specific areas, and voiced concern over the blockage of Fourth Street when trucks are loaded
for P & G Poultry.
Earl Wilson, 2323 Bellwood Drive, questioned the need for the continuation of City band
concerts. Mr. Wilson asked the Finance Department to determine the amount of revenue this
organization had provided to the City. Harvey Larsen, 1007 South Vine Street, spoke in favor
of the summer band concerts. Steve Paustian, Parks and Recreation Director, reported that the
band concerts were held in Grace Abbott Park and Beachler Park for eight weeks during the
summer. Council member Sorensen spoke in support of the continuation of the band concerts.
George SoH, 3523 East Seedling Mile Road, spoke in support of the CityDesk newsletter and
encouraged unity by the Council and Administration on this project.
DISCUSSION AND INFORMATION ITEMS:
Pier Park Pool. Steve Paustian, Parks and Recreation Director, requested Council approval for
a special event commemorating the closing of Pier Park Pool. Mr. Paustian asked that free
admission for Saturday, August 29, 1992, and Sunday, August 30, 1992, from 1:00 p.m. to 6:00
p.m., and a photo session for past employees of the municipal pool be approved. Motion by
Seifert, second by Sorensen, carried unanimously to approve.
REOUEST AND REFERRALS:
Receipt of Minutes. Motion by Sorensen, second by Feaster, to receive and place on file the
minutes of the Library Board, July 6, 1992; Library Foundation Board, July 6, 1992; Library
I
I
I
Page 3, Regular Meeting, August 24, 1992
Foundation Board, July 13, 1992; Downtown Improvement Board, July 21, 1992; Cable
Television Advisory Board, August 4, 1992; Regional Planning Commission, August 5, 1992;
and Cable Television Advisory Board, August 13, 1992. Upon roll call vote, Wit, Murray,
Johnson, Neal, Feaster, Seifert, and Kuzma voted aye. Sorensen abstained.
Application for Liquor License. Motion by Wit, second by Sorensen, carried unanimously to
approve the request of Valentino's Inc., 2245 North Webb Road, for a Class "J" Liquor
License. Manager John Thompson, was present on behalf of the application.
Application for Liquor Manager. Motion by Sorensen, second by Feaster, carried unanimously
to approve the request of Randal J. Wissing for Liquor Manager for Valentino's Inc., 2245
North Webb Road. Mr. Wissing was not present. No testimony from the public was received.
Request for Parade Permit. Motion by Kuzma, second by Sorensen, carried unanimously to
approve the request of William Tolle, on behalf of the American Bikers Aiming Toward
Education, for use of public streets to hold a Toy Run on September 12, 1992. Mr. Tolle was
present on behalf of the request.
Request for Parade Permit. Motion by Kuzma second by Sorensen, carried unanimously to
approve the request of Church World Services CROP Hunger Walk for a parade permit for
September 27, 1992.
License Agreement to Pave Over Easement. Motion by Seifert, second by Wit, carried
unanimously to approve the request of Roger Anderson, 120 Diers Avenue, for a License
Agreement to allow for the extension of the current asphalt parking lot on Potash Street to the
south property line.
RESOLUTIONS:
#92-204 - Repealing Sanitary Sewer District #472. Wayne Bennett, Public Works Director,
stated that more than 50% of the property owners filed objections to the establishment of
Sanitary Sewer District #472 and that, therefore, the District was dissolved. Motion by
Sorensen, second by Johnson to approve Resolution #92-204 Repealing Sanitary Sewer District
#472.
#92-205 - Labor Union Agreement with IBEW - Finance and Data Processing. Paul Peter, an
attorney with Bruckner Law Firm in Lincoln, spoke in support for the approval of the labor
union agreements. Mr. Peter stated that both communication and accountability were required
to successfully negotiate labor union agreements. Council member Sorensen made a motion to
request Mayor Dobesh appoint a finance committee which would be involved in labor
negotiations as well as other areas of financial concern. Seifert seconded the motion.
Councilmember Johnson voiced agreement with City Attorney Sinor to involve the
Administrative Services Director in discussions involving labor negotiations. Gene McCormick,
707 South Pleasantview, stated he understood that State law required cities to have a Finance
I
I
I
~
Page 4, Regular Meeting, August 24, 1992
Committee. City Attorney Sinor stated that a Finance Committee was not required.
Councilmember Johnson suggested the establishment of a Finance Committee be placed on a
future Study Session agenda. Roll call vote was taken on Councilmember Sorensen's motion
to appoint a Finance Committee. Upon roll call, Seifert, Sorensen, and Feaster voted aye.
Kuzma, Neal, Johnson, Murray, and Wit voted nay. Motion failed. Motion by Murray, second
by Johnson, carried unanimously to put the establishment of a Finance Committee on a future
Study Session agenda. Motion by Johnson, second by Kuzma, carried unanimously to approve
Resolution #92-205, Labor Union Agreement with IBEW - Finance and Data Processing.
#92-206 - Labor Union Agreement with IBEW - Utilities. Motion by Johnson, second by
Kuzma, carried unanimously to Resolution #92-206, Labor Union Agreement with IBEW -
Utilities.
#92-207 - Labor Union Agreement with AFSCME. Motion by Johnson, second by Kuzma,
carried unanimously to approve Resolution #92-207, Labor Union Agreement with AFSCME.
#92-208 - Use of Landfill Agreement. Public Works Director Wayne Bennett stated that the
Public Works Department had received a request from Wood River/Aida Sanitation for the
disposal of solid waste from outside Hall County at the Sanitary Landfill. Motion by Wit,
second by Murray, carried unanimously to approve the request.
#92-209 - Establishing Fees for Aerial Photography. Public Works Director Wayne Bennett
reported that the aerial photography of the City and surrounding area was completed in July,
1992. Mr. Bennett reported that the recommendation of the Public Works Department was to
set the fee for paper prints to be sold to governmental agencies and departments, and non-profit
organizations at $0.25/s.f., or the current paper print rate; the rate for individuals, businesses
and other "for profit" agencies would be at $3.oo/s.f. George Solt, 3523 East Seedling Mile
Road, voiced opinion that individuals should not be required to pay the same rate as businesses.
Motion by Murray, second by Johnson, carried unanimously to approve Resolution #92-909.
#92-210 - Miscellaneous Electric Items. The Purchasing Division presented bids for the
purchase of miscellaneous electrical items to serve the Utilities Department, Line and
Underground Division. Beth Griffiths, Interim Administrative Services Director, reported that
he bid $16,218.42 from Westinghouse Electric of Grand Island was for line items 1 through 6.
Motion by Seifert, second by Sorensen, carried unanimously to award bid to Westinghouse
Electric of Grand Island, Nebraska.
#92-211 - Burdick Station Silica Analyzer. The Purchasing Division presented bids for the
contract award for the Burdick Station Silica Analyzer to serve the Utilities Department,
Production Division. Ms. Griffiths reported that three bids had been received ranging from
$16,675 to $36,601 and that the low bid was submitted by Scientific Instruments of Hawthorne,
New York in the amount of $16,675. Motion by Seifert, second by Sorensen, carried
unanimously to award bid to Scientific Instruments.
I
I
I
Page 5, Regular Meeting, August 24, 1992
#92-212 - Street Patching Project 92-P-8. The Purchasing Division presented bids for the
contract award for Street Patching Project 92-P-8 to serve the Public Works Department, Street
and Alley Division. Ms. Griffiths reported that two bids had been received ranging from
$102,025,26 to $108,480.08 and that the low bid was submitted by GLC, Inc., of Columbus,
Nebraska. Motion by Seifert, second by Sorensen, carried unanimously to award bid to GLC,
Inc.
#92-213 - Governmental-Education Television System Consultant. The Purchasing Division
presented bids for the Governmental-Education Television System Consultant. Ms. Griffiths
stated that three bids were received ranging from $3,675 (plus lodging) to $24,200, and that the
low bid was submitted by Wilton Chase, Communications Coordinator for the City of St. Peters,
Missouri, in the amount of $3,675. Motion by Seifert, second by Sorensen, carried unanimously
to award the bid to Wilton Chase.
#92-216 - Leo A. Daly Supplemental Services. The Purchasing Division presented a contract
amendment with Leo A. Daly for supplemental architectural services for the City Hall project.
Motion by Seifert, second by Sorensen, carried unanimously to approve Resolution #92-216.
#92-214 - Contract with JMM for Engineering Services associated with Landfill Development.
Public Works Director Wayne Bennett stated that additional elements in the original design for
the landfill must be included in order to take advantage of construction cost economies of scale.
Motion by Kuzma, second by Murray, carried unanimously to approve.
#92-215 - Comprehensive Land Use and Transportation Plan. Nelson Helm, Regional Planning
Commission Director, stated that Council approval was in order to finalize the Comprehensive
Land Use and Transportation Plan. Councilmember Sorensen asked that parking on Third Street
be addressed before any modifications were implemented. Motion by Neal, second by Johnson,
carried unanimously to approve. '
#92-217 - Commonwealth Business Park Subdivision Agreement. Nelson Helm, Regional
Planning Commission Director, stated that Roger Anderson and Fred Bosselman submitted a
request to amend the Subdivision Agreement for the Commonwealth Business Park Subdivision
which was approved at the August 10, 1992 City Council meeting. Mr. Helm added that
Resolution #92-217 would implement the amendment. Motion by Seifert, second by Johnson,
carried unanimously to approve.
Mayor Dobesh called for a five minute break at 8:07 p.m. City Council meeting resumed at
8: 14 p.m.
#92-218 - Fiber Optic Communication Utility. Lynn Weaver, member of the Cable Television
Advisory Board, read a statement approved by the Cable Television Advisory Board, which
recommended to the City Council that the bond issue for the installation of a fiber optic
communication utility be delayed until a future date. Motion by Seifert, second by Feaster to
approve the delay of the bond issue until a later date. Councilmember Neal suggested an
I
Page 6, Regular Meeting, August 24, 1992
amendment to the motion be made to rescind the action taken at the August 10, 1992 City
Council meeting relative to the fiber optic communication utility. Councilmember Seifert
accepted the amendment. Fiscal Agent Bill Beavers, and Bond Counsel Richard Pedersen, were
present to provide information relative to the proposed fiber optic communication utility. Mr.
Beavers stated that upon consideration of a bond issue, the legality of the proposal and the ability
to repay the bond must be analyzed. Mr. Beaver added that he did not believe the two
requirements needed to raise capital were provided for in this proposal. Mr. Pedersen stated that
cities only have the power given to them by the legislature and that there was no permission
given to cities to operate a fiber optic communication utility. Mr. Pedersen advised that the
appropriate body to address this issue with is the State Legislature. Council members Murray
and Neal voiced appreciation for the work done by the Cable Advisory Board. Council member
Johnson stated he would still like the requested information from Excel relative to cities which
are currently using the fiber optic system. Jim Sander, member of the Cable Television
Advisory Board, stated that the Cable Television Advisory Board was not involved in political
activities, as reported in the Grand Island Daily Independent and that the Board was working for
the good of Grand Island. Roll call vote was taken on the motion to accept the recommendation
of the Cable Television Advisory Board and delay the bond issue until a later date and to rescind
the action taken at the August 10, 1992 City Council meeting. Motion carried unanimously.
ORDINANCES:
I Larry Boesen was present on behalf of his request to purchase Lot 1, Ioehuck's Addition.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
I
#7855 - Approving Sale of Lot 1, Joehnck's Addition
#7856 - Authorizing Vacation of Alleyway at Block 11, Lot 1, Joehnck's Addition
#7858 - Amending Chapter 16, Section 11 of City Code pertaining to Open Fires
#7859 - Levying Special Assessments for Water Main District #401
#7860 - Levying Special Assessments for Water Main District #402
#7861 - Approving Management Agreement with the Grand Island Solid Waste Agency
#7862 - Approving Service Agreement with the Grand Island Solid Waste Agency
#7863 - Authorizing Vacation of Horizons West Subdivision
#7864 - Authorizing Vacation of Easements in the Riverside Villas Subdivision
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout 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
final passage. Council member Kuzma seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
I
I
I
Page 7, Regular Meeting, August 24, 1992
Clerk: Ordinances #7855, #7856, #7858, #7859, #7860, #7861, #7862, #7863, and #7864, on
their first reading. All those in favor of passage, answer roll call. Upon roll call vote, Wit,
Murray, Johnson, Neal, Feaster, and Kuzma voted aye. Seifert and Sorensen voted nay.
Motion carried.
Clerk: Ordinances #7855, #7856, #7858, #7859, #7860, #7861, #7862, #7863, and #7864, on
their final passage. All those in favor of passage of said ordinances on their final passage,
answer roll call. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, and Kuzma voted
aye. Seifert and Sorensen voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7855, #7856, #7858, #7859, #7860, #7861, #7862, #7863, and #7864 are declared
to be lawfully passed and adopted upon publication as required by law.
CLAIMS:
City Clerk Cindy Cartwright presented a claim from the Excel Corporation to be considered with
the remainder of claims for approval. Motion by Kuzma, second by Neal to approve the claims.
Councilmember Murray stated he wished to abstain form voting on claim #001547. Upon roll
call vote, Wit, Murray, Neal, Feaster, and Kuzma voted aye. Johnson, Seifert, and Sorensen
voted nay. Motion failed. Councilmember Johnson stated he would like the claim from Excel
to be acted on separately from the balance of the claims. Councilmember Johnson made a
motion to approve the claims, excluding the claim of Excel, as submitted by the City Clerk in
the amount of $1,121,064.93. Motion was seconded by Neal. Upon roll call vote, Wit,
Murray, Johnson, Neal, Feaster, and Kuzma voted aye. Seifert, and Sorensen voted nay.
Motion carried. Councilmember Johnson made a motion to table payment of Excel claim until
the information requested was received. Councilmember Murray seconded the motion.
Councilmember Wit asked if the contract with Excel Was a performance contract. City
Administrator Zachary Zoul stated the Council could not hold Excel responsible for the
Council's nonacceptance of the study and that Excel's failure to answer one question would not
be sufficient cause to withhold the entire payment. Councilmember Johnson withdrew the
motion to table payment of the claim. Councilmember Johnson made a motion to pay 90% of
the Excel claim at this time and to pay the remaining 10 % when additional information was
received. Motion carried unanimously. With the Excel claim included, total claims as presented
by the City Clerk were in the amount of $1,136,874.72.
ADJOURNMENT: Meeting was adjourned at 9:00 p.m.
Respectfully submitted,
f!;llcL/l !< ~JzJutfi-J
Cindy'i<:. 6lartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
September 8, 1992
Pursuant to due call and notice thereof, a Special Meeting of the City of Grand Island was
conducted in the Council Chambers of City Hall on September 8, 1992. Notice of the meeting
was given in the Grand Island Independent on September 6, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City Clerk Cindy
Cartwright, and City Attorney Keith Sinor.
Council member Resignation. Motion by Sorensen, second by Shafer, carried unanimously to
accept the resignation of Councilmember RoseAnn Jacobsen.
Cable Television Advisory Board. Motion by Seifert, second by Sorensen, carried unanimously
to approve the recommendation of Mayor Dobesh to appoint Mike Milhon, 2316 Cottonwood
Road, to the Cable Television Advisory Board. City Attorney Keith Sinor stated that it was not
required to advertise the vacancy.
Adjournment. Meeting was adjourned at 7:02 p.m.
Respectfully submitted,
!2::lcj;L&~
City Clerk
I
I
I
CITY OF GRAND ISLAND
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
September 8, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Tuesday, September 8, 1992.
Notice of this meeting was given in the Grand Island Independent on September 2, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:02 p.m. The following
members were present: Mayor Dobesh, Councilmembers Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City Clerk Cindy
Cartwright, and City Attorney Keith Sinor.
Future Plans for Lincoln Park Property. Steve Paustian, Parks and Recreation Director,
presented information on alternate plans for the building at Lincoln Park, 804 North Lambert.
Mr. Paustian stated the best option would be to move the building but because that option was
not feasible and because the City does not want to sell the land, leasing the building was the
remaining option. This item was referred to the September 14, 1992 City Council meeting for
action.
Establishment of Playground in Westwood Subdivision Area. Steve Paustian, Parks and
Recreation Director, informed the Council that area residents had requested a playground in the
Westwood Subdivision Area. Mr. Paustian stated that development in that area would consist
of beautification and installation of playground equipment. Mr. Paustian added that space was
limited at the top of the detention cell where the playground equipment would likely be placed.
Councilmember Seifert suggested that the available money be used first for playground
equipment and then for beautification. Susan Reed, 2807 Brentwood Boulevard, present on
behalf of the builders, stated that the residents have indicated that beautification would be the
top priority. Mr. Paustian stated that he would be interested to see the residents of the area
establish a fund to contribute to the purchase of playground equipment. Gene McCormick, 707
South Pleasantview, stated that the public had a right to participate in decisions and that written
material for the meeting had not been made available.
Hike and Bike Trail along Burlington Northern Beltline. Steve Paustian, Parks and Recreation
Director, presented information on the possibility of the establishment of a hike and bike trail
along the abandoned Burlington Northern Beltline. Mr. Paustian explained that the proposed
hike and bike trail would include a total of 11.5 miles, of which 2.5 miles would be acquired
from the railroad. Mr. Paustian stated that because the majority of the costs involved in this
project could be funded through a Federal grant, this might be the only opportunity in the near
future for the City to establish a hike and bike trail. Mr. Paustian asked the Council for
direction on whether to proceed with the grant application. Council member Johnson questioned
I
I
I
Page 2, City Council Study Session, September 8, 1992
the use of the Federal grant money for beautification efforts to the entrances to the City. Chuck
McCann, Nebraska Department of Roads, added that the grant money was available on a first
come, first serve basis this year and that the funds were only available for non-highway projects
where no other funds were available. Councilmember Kuzma stated the hike and bike trail was
a major need addressed in the committee groups established for the Comprehensive Land Use
Plan and asked Mr. Paustian to provide brochures or photographs and additional information on
established hike and bike trails. Councilmember Feaster suggested postponing action on the
issue until the new City Council was established and stated the City should charge the railroad
for maintenance of the property. Richard Davis, 2504 West Lamar Avenue, voiced opposition
to the hike and bike trail and spoke in support of the land reverting to the adjacent land owners
upon vacation by Burlington Northern. Charles Cuypers, 1508 Spruce Place, spoke in support
of the bike and hike trail noting that the establishment of the trail would benefit all residents.
Gene McCormick, 707 South Pleasantview, voiced concern with the installation of traffic lights,
fences, gates and path lighting. Nelson Helm, Regional Planning Director, stated the long term
needs of the community should be considered. Tom Sealock, 2515 West Phoenix, stated
opposition to the establishment of the hike and bike trail and questioned the cost of maintenance
of the trail and patrol of the area. Council member Johnson suggested that if the Council would
vote to move ahead with this project, there should be a way to satisfy both the proponents of the
trail system and the property owners. Mayor Dobesh suggested the formation of a committee
to further study the issue and invited City residents interested in serving on the committee to
notify his office.
Castle Estates Subdivision Water Service. Utilities Director, Gary Mader, explained that water
service to Castle Estates had been petitioned in February by residents and that the establishment
of the district was approved by City Council and the 30 day protest period ended September 3,
1992. Mr. Mader explained the difference between an assessment district and tap district and
stated that the procedure for protesting a district was established by State Law. Mr. Mader
noted that inasmuch as only 36% of the property owners protested the district, Water Main
District 410 would continue unless Council took opposing action. Jeff White, 4037 Regal Drive,
spoke in opposition to the creation of the water main district noting that the nitrate levels were
not significant and that the majority of the home owners in the district did not want the district
established. Mr. White voiced concern that the property owners included developers who
planned to sell the lots and would not personally be living in the district. Susan Reed, 2807
Brentwood Boulevard, noted that inasmuch as State Law did not differentiate between property
owners and home owners, both property owners and home owners had the same rights. Coad
Miller, 1807 West John Street, added that the lots were sold after the water district had been
petitioned, therefore, the developers assumed City water would be installed. Council member
Wit stated that the precedent had been set and if a variance were made to this district, other
residents might come forward and protest past action. City Attorney Keith Sinor explained that
although State Law determined the right to protest, the City had the right to adjust the
assessments.
Page 3, City Council Study Session, September 8, 1992
I
Adjournment. Meeting was adjourned at 8:36 p.m.
Respectfully submitted,
tClI dtt. J\ U~.hLYcuq!J-j
Cindy K. Cartwright
City Clerk
I
I
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF REGULAR CITY COUNCIL MEETING
September 14, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, September 14,
1992. Notice of the meeting was given in the Grand Island Independent on September 9, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:08 p.m. The following
members were present: Mayor Dobesh, Council members Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City Administrator
Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works
Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Reverend Roger Ridley.
Approval of Minutes. Motion by Sorensen, second by Shafer, carried unanimously to approve
the minutes of the August 24, 1992 Regular City Council Meeting, September 8, 1992 Special
City Council Meeting, and September 8, 1992 City Council Study Session.
PROCLAMATIONS: The City Clerk reported that September, 1992 had been proclaimed as
Treatment Works Month, September, 1992 as Foster Family Recognition Month, October 1,
1992 as "Book It" Day, and October 8, 1992 as Child Care Provider Day.
PUBLIC HEARING:
Conditional Use Permit for Temporary Structure at 3420 West State Street. Building Inspections
Director Craig Lewis presented information on the request for a renewal of a Conditional Use
Permit for Central Nebraska Goodwill for a temporary structure located at 3420 West State
Street. No testimony from the public was heard.
PUBLIC PARTICIPATION:
Public Works Director, Wayne Bennett, reported that a Nebraska Department of Public Roads
Public Hearing was scheduled for September 15, 1992 at 7:00 p.m. in Kearney. The hearing
would highlight the Nebraska Highway Program for Fiscal Years 1993-1998 and beyond.
Mr. and Mrs. Allen Shaul voiced concern with current City Zoning and Ordinance Regulations
which prohibit them from erecting a storage building on property they own across the street from
their residence. Craig Lewis, Building Inspections Director, reported that because the property
in question was zoned R-l (Suburban Residential Zone), accessory buildings are permitted only
I
I
I
Page 2, Regular City Council Meeting, September 14, 1992
on the same platted lot as the principal building. Mr. Lewis added that if Council were to
approve this request, changes in the Zoning Codes would need to be made.
Richard Davis, 2504 West Lamar Avenue, presented the City Clerk with two petitions relative
to the proposed hike and bike trail.
DISCUSSION AND INFORMATION ITEMS:
Videotaping of Special City Council Meetings. Discussion was held on the suggestion to
videotape Special City Council Meetings. City Clerk Cindy Cartwright presented information
on the cost and availability of videotaping services and recommended against videotaping Special
City Council Meetings until the move to the new City Hall. Council member Wit voiced concern
over the quality of the Channel 19 broadcast of the Council meetings.
REOUESTS AND REFERRALS:
Approval of Appointments. Motion was made by Sorensen, second by Feaster to approve the
appointment of William C. Dietrich as Council member of Ward 5. Upon roll call vote, Wit,
Murray, Neal, Feaster, Seifert, Sorensen, and Kuzma voted aye. Shafer voted nay and Johnson
abstained. Motion to approve the appointment of William C. Dietrich as Councilmember for
Ward 5 carried. The Oath of Office was administered to Mr. Dietrich by the City Clerk.
Motion by Kuzma, second by Wit, to approve the appointments of Joel Foster as Administrative
Services Director, Dee Price to serve on the Regional Planning Commission Board, Reverend
Dennis Hahle to serve on the Community Development Advisory Board, Ms. Dori Bush, Frank
Henke and Ms. Rona Jackson to serve on the Human Rights Commission. Upon roll call vote,
Wit, Murray, Johnson, Neal, Feaster, Shafer, and Kuzma vote aye. Sorensen and Seifert
abstained. Motion carried.
Receipt of Official Documents. Motion by Feaster, second by Wit to receive and place on file
the minutes of the following meetings: Downtown Improvement Board, August 18, 1992; Cable
Television Advisory Board, August 24, 1992; Regional Planning Commission, September 2,
1992; Civil Service Commission, September 2, 1992; and Community Development Advisory
Committee, September 2, 1992. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma voted aye. Dietrich abstained. Motion carried.
Motion by Seifert, second by Sorensen to receive the Official Bond for Third City Sanitation for
a Garbage Haulers Permit. Councilmember Kuzma stated that she had received telephone calls
from citizens concerned with the issuance of a license to Third City Sanitation. Upon roll call
vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma
and Dietrich abstained. Motion carried.
I
I
I
Page 3, Regular City Council Meeting, September 14, 1992
Liquor Manager Application. Motion by Sorensen, second by Wit to approve the application
of Donna J. Wooten for Liquor Manager for Bosselman, Inc., Stolley Park and Highway 281.
Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma
voted aye. Dietrich abstained. Motion carried.
Conditional Use Permit for 3420 West State Street. Motion by Sorensen, second by Shafer, to
approve the request of Central Nebraska Goodwill for renewal of a Conditional Use Permit for
a temporary structure at 3420 West State Street. Upon roll call vote, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted aye. Dietrich abstained. Motion
carried.
Preliminary Subdivision Studies. Nelson Helm, Regional Planning Director, presented
information on the Preliminary Subdivision Studies for Colonial Estates Tenth and Eleventh
Subdivision, submitted by Johnson Land Company of Grand Island for an 8.8 acre tract of land
located on the west side of Kennedy Drive, and Trafalgar Square Subdivision, submitted by 3H
Partnership and Mr. Allen Cole of Grand Island for a 12.95 acre tract of land located on the
north side of Stolley Park Road on both sides of Ada Street. Motion by Shafer, second by
Sorensen to approve. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma voted aye. Dietrich abstained. Motion carried.
Detention Cell in Westwood Subdivision. Steve Paustian, Parks and Recreation Director,
presented information on the development of a detention cell in Westwood Subdivision. Motion
by Sorensen, second by Seifert to approve. Upon roll call vote, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Dietrich abstained. Motion carried.
Lincoln Park Property. Steve Paustian, Parks and Recreation Director, recommended that a new
lease be developed for the property at Lincoln Park with maintenance and expense costs to be
assigned to the tenant. Motion by Seifert, second by Kuzma to approve. Upon roll call vote,
Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Dietrich
abstained. Motion carried.
Encroachment in Public Right of Way. Mr. Dave Smith of Smith Signs of Kearney, submitted
an application for a License Agreement for construction of a canopy to the front of Computer
Hardware, Inc., of 416 West Third Street. Motion by Murray, second by Johnson to approve
the request. Upon roll call vote, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer, and Kuzma voted aye. Dietrich abstained. Motion carried.
Sewer Backup Claim. Beth Griffiths, Interim Administrative Services Director, stated that based
on the information available, the Risk Management Department recommended against approval
of the claim by Daniel Rock. Mrs. Shaun Rock, 1404 North Ruby Avenue, presented
information relative to the claim. City Attorney Keith Sinor stated that because there had not
been any indication of negligence on the City's part, the Council should be aware that approving
this claim could set a precedent for future claims. Wayne Bennett, Public Works Director,
stated that the City had an aggressive inspection and cleaning system. After lengthy discussion,
I
I
I
Page 4, Regular City Council Meeting, September 14, 1992
motion was made by Seifert, second by Sorensen to approve the claim. Upon roll call, Wit,
Seifert, Sorensen, Shafer, and Kuzma voted aye. Dietrich, Murray, Neal and Feaster voted nay.
Johnson abstained. Motion to approve the claim of Daniel Rock failed.
RESOLUTIONS:
#92-219 - Final Plat and Subdivision Agreement for Berkshire Subdivision. Nelson Helm,
Regional Planning Commission Director, presented information on the final plat and subdivision
agreement for Berkshire Subdivision, submitted by Dr. and Mrs. Thomas Nabity for a 4.092
acre tract of land located at the south end of the Stagecoach Road cul-de-sac. Motion by Neal,
second by Shafer, carried unanimously to approve.
#92-220 - Electrical/Control Engineering Services. The Purchasing Division presented proposals
for Engineering Services associated with electrical/control improvements to the power generation
facilities to serve the Utilities Department. Motion by Shafer, second by Murray to award bid
to Black and Veatch of Kansas City, Missouri. Upon roll call vote, Dietrich, Wit, Murray, Neal,
Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen abstained.
Motion carried.
#92-221 - Platte Generating Station Precipitator Cleaning. The Purchasing Division presented
bids for the purchase of Precipitator Cleaning to serve the Platte Generating Station. Two bids
were received in the amounts of $21,086 and $22,740. The low bid was Vac-N-Jet
Environmental in the amount of $21,086. Motion by Shafer, second by Murray to award bid
to Vac-N-Jet Environmental. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert,
Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-222 - Platte Generating Station Nozzle Block Rework. The Purchasing Division presented
bids for the installation of a Nozzle Block at the Platte Generating Station. One bid was
received in the amount of $45,175 from General Electric Company. Motion by Shafer, second
by Murray to award bid to General Electric Company. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen
abstained. Motion carried.
#92-223 - Platte Generating Station Bottom Ash Hopper Modifications. The Purchasing Division
presented bids for the purchase of Bottom Ash Hopper Modifications to serve the Utilities
Department, Platte Generating Station. Two bids were received in the amounts of $39,750 and
$48,600. The low bid was submitted by AAB Combustion Engineering in the amount of
$39,750. Motion by Shafer, second by Murray to award bid to AAB Combustion Engineering.
Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted
aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-224 - Watthour Meters for Utility Department. The Purchasing Division presented bids for
the purchase of Watthour Meters to serve the Utilities Department, Electric Line Division.
Three bids were received ranging from $34,482 to $47,238. Motion by Shafer, second by
I
I
I
Page 5, Regular City Council Meeting, September 14, 1992
Murray to award bid for Line Items 1, 2, and 5 to Westinghouse Electric in the amount of
$15,645.60 and award bid for Line Items 3, and 4 to Kriz Davis in the amount of $17,573.95.
Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted
aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-225 - Food Service Equipment for Water Park. The Purchasing Division presented bids for
the Food Service Equipment component of the Water Park Project. Two base bids were
received in the amounts of $82,950 and $85,700. The lowest bid received was an alternate bid
in the amount of $60,426 from Mid-Nebraska Restaurant Supply Company. Motion by Shafer,
second by Murray to award bid to Mid-Nebraska Restaurant Supply Company in the amount of
$60,426. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma
voted aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-226 - Solid Waste Landfill Construction Project. The Purchasing Division presented bids
for the construction of Phase 1 of the Landfill Construction Project to serve the Public Works
Department, Landfill Division. Three bids were received ranging from $2,975,659 to
$3,342,775.35. The low bid was submitted by Gilbert Central Corporation in the amount of
$2,975,659. Motion by Shafer, second by Murray to award bid to Gilbert Central Corporation.
Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted
aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-227 - Gallagher Bassett Services. Inc. Beth Griffiths, Interim Administrative Services
Director, presented information on the contract with Gallagher Bassett Services Inc., which
enables the City to access the London Package Proprietary Program which constitutes the
majority of the City's insurance policies. Motion by Shafer, second by Murray to approve
renewal. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma
voted aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-228 - Sales Conditions for Handheld Meter Reading Device System. Beth Griffiths, Interim
Administrative Services Director, stated that the Syscon sales condition form needed approval
by the City Council inasmuch as the form had not been included with the original award of the
bid. Motion by Shafer, second by Murray to approve. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen
abstained. Motion carried.
#92-229 - Coal Supply Agreement with Cordero Mining Company. Gary Mader, Utilities
Director, stated that the City had entered into a contract with Cordero Mining Company in
March, 1991, to purchase coal for the Platte Generating Station. Mr. Mader indicated that this
agreement was an extension of the current agreement. Motion by Shafer, second by Murray to
authorize extension of contract. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster,
Seifert, Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen abstained. Motion
carried .
I
I
I
Page 6, Regular City Council Meeting, September 14, 1992
#92-230 - Water Main District 410 - Castle Estates. Gary Mader, Utilities Director, stated that
because less than 50% of the property owners protested the establishment of Water Main District
410, the District could be continued. Motion by Shafer, second by Murray to approve
continuation and construction of Water Main District 410. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson voted nay. Sorensen
abstained. Motion carried.
#92-231- Street Improvement District No. 1180. Wayne Bennett, Public Works Director, stated
that the City Council had acted on July 27, 1992 to create Street Improvement District #1180
for the purpose of paving Taft Street from Fourth Street to Fifth Street, and that the protest
period ended August 24, 1992, with no protests being received. Motion by Shafer, second by
Murray to approve continuation and construction of Street Improvement District No. 1180.
Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted
aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-232 - Street Improvement District No. 1181. Wayne Bennett, Public Works Director, stated
that the City Council had acted on July 27, 1992 to create Street Improvement District #1181
for the purpose of paving Market Street from Fourth Street to Fifth Street, and that the protest
period ended August 24, 1992, with no more than 50% protests being received. Motion by
Shafer, second by Murray to approve continuation and construction of Street Improvement
District No. 1181. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer,
and Kuzma voted aye. Johnson voted nay. Sorensen abstained. Motion carried.
#92-233 - Street Improvement District No. 1182. Wayne Bennett, Public Works Director, stated
that the City Council had acted on July 27, 1992 to create Street Improvement District #1182
for the purpose of paving Superior Street from Eighth Street to Ninth Street, and on Ninth Street
from Superior Street to the Ord Branch Union Pacific Railroad tracks, and that the protest period
ended August 24, 1992, with no protests being received. Motion by Shafer, second by Murray
to approve continuation and construction of Street Improvement District No. 1182. Upon roll
call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson
voted nay. Sorensen abstained. Motion carried.
#92-234 - Reciprocal Intent with the Village of AIda. Wayne Bennett, Public Works Director,
stated that the City of Grand Island intends to provide solid waste disposal facilities to all
municipalities in Hall County and that the Village of AIda wished to utilize our solid waste
disposal facilities. Motion by Shafer, second by Murray, to approve agreement. Upon roll call
vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson
voted nay. Sorensen abstained. Motion carried.
#92-235 - Landfill Inspection and Testing Services. Public Works Director Wayne Bennett
stated that three proposals had been received for the landfill clay liner ranging from $52,750 to
$85,011.50. The lowest bid meeting specifications was Geotechnical Services, Inc. Motion by
Shafer, second by Murray to award bid to Geotechnical Services, Inc. Upon roll call vote,
I
I
I
Page 7, Regular City Council Meeting, September 14, 1992
Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson voted
nay. Sorensen abstained. Motion carried.
#92-236 - Bond Resolution for Landfill Construction for Expansion. Public Works Director
Wayne Bennett presented information on the issuance of bonds necessary to finance the
construction of the Solid Waste Landfill. Motion by Sorensen, second by Murray, carried
unanimously to approve bond resolution for the landfill.
#92-237 - Sponsorship of Resource Conservation and Development Program. Council member
Murray, at the request of Jim Erickson of the Soil Conservation Office, requested that the
Council add this item as an Emergency Item inasmuch as a deadline for submission of the
sponsorship prohibited this item from being presented at a later City Council Meeting. Motion
by Sorensen, second by Shafer, carried unanimously to add this item to the agenda due to the
time constraints Mr. Erickson was operating under. Mr. Erickson presented information on the
Resource Conservation and Development Program. Motion by Murray, second by Wit, carried
unanimously to approve sponsorship.
ORDINANCES:
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7865 - Authorizing Conveyance of Community Development Property at 915 East Fifth
Street
#7866 - Authorizing Conveyance of Community Development Property at 421 East
Eighth Street
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinances on
their first reading, an then upon final passage, and call for a roll call vote on each reading and
final passage. Councilmember Shafer seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Upon roll call, Dietrich, Wit, Murray, Neal, Johnson, Feaster, Seifert, Shafer,
and Kuzma voted aye. Sorensen abstained.
Clerk: Ordinances #7865, #7866 on their first reading. All those in favor of passage, answer
roll call. Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer,
and Kuzma voted aye. Sorensen abstained.
Clerk: Ordinances #7865, #7866 on their final passage. All those in favor of passage of said
ordinances on their final passage, answer roll call. Upon roll call vote, Dietrich, Wit, Murray,
Johnson, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Sorensen abstained.
I
I
I
Page 8, Regular City Council Meeting, September 14, 1992
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7865 and #7866 are declared to be lawfully passed and adopted upon publication
as required by law.
CLAIMS:
Motion by Johnson, second by Neal to approve the claims in the amount of $2,098,914.83 as
submitted by the City Clerk. Council member Sorensen questioned the claim from Rasmussen
and Associates. City Administrator Zachary Zoul explained that the claim was for services
provided for the design, layout, and printing of the CityDesk newsletter and that these charges
had previously been itemized in a memo to the Council. Councilmember Seifert questioned the
procedure followed in the publication of the CityDesk newsletter. City Attorney Keith Sinor
reported that publication of the newsletter was included specifically in the budget which was
approved by the Council. Mr. Sinor added that the money was appropriated by passage of the
budget but stated that only the Council had authority to approve claims. Mr. Zoul stated there
was no correlation between the Public Information Officer position and the distribution of the
CityDesk newsletter and added that he had indicated to the Mayor that if a Public Information
Officer was not hired, the newsletter would be done by existing staff. Councilmember Kuzma,
Wit, and Johnson voiced support for the newsletter but were surprised that some
Council members were responding negatively to the publication of the CityDesk inasmuch as the
newsletter was both professionally done and well received by the public. Jim Sander, 218 North
Harrison, stated the Council and staff should examine the procedures involved in the publication
of the newsletter. Earl Wilson, 2323 Bellwood Drive, voiced opinion that the newsletter was
unnecessary. Upon roll call vote, Dietrich, Wit, Johnson, Murray, Neal, Shafer, and Kuzma
voted aye to approve the claims. Feaster, Seifert, and Sorensen voted nay. Motion to approve
the claims in the amount of $2,098,914.83 as presented by the City Clerk carried.
ADJOURNMENT: Meeting was adjourned at 8:40 p.m.
Respectfully submitted,
CMdt; ztlJ1}uJug/tP
Cindy K. Cartwright
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
September 21, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, September 21, 1992.
Notice of this meeting was given in the Grand Island Independent on September 16, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, and Assistant City Attorney Lisa
Thayer.
Citizen Assistance Line. Council member Johnson presented information on a Citizen Assistance
Line which would give citizens the ability to relay municipal concerns to the City after normal
business hours. Council member Johnson stated that an answering machine could be used to
record citizen concerns and that the concerns would be forwarded to the appropriate department
for action. Councilmember Seifert stated that St. Peters, Missouri, utilized an on line computer
system which recorded citizen concerns and produced a work order for issuance to the
appropriate department. Council member Johnson indicated that the responsibility for tracking
the calls and responses could be assigned to the Public Information Officer when that position
was filled. Authorization of the establishment of a Citizen Assistance Line was referred to the
September 28, 1992 City Council meeting for action.
Council Committees. Councilmember Sorensen expressed interest in the establishment of two
committees, each composed of five Council members appointed by the Mayor, to review
concerns that could not be addressed in a City Council Study Session. Mr. Sorensen added that
the establishment of two committees would alleviate the need to appoint Councilmembers to
unpopular committees, inasmuch as the committees would be pre-established and the topics of
concern would be rotated between the two committees. Council member Kuzma stated that
rotation of appointments to committees could take place without the addition of the two
additional committees. This item referred to the September 28, 1992 City Council meeting for
action.
Noise Pollution. Council member Murray reported that citizens had voiced concern relative to
the current City Ordinance relative to noise pollution. Councilmember Sorensen stated that the
fines imposed for violation of the current ordinance, which prohibits disturbing the peace and
quiet of any person by loud noise, should be increased in an effort to deter violations of the
ordinance. Assistant City Attorney Lisa Thayer stated that the implementation of additional
ordinances relative to noise pollution had been researched in 1986 but it had been determined
I
I
I
Page 2, City Council Study Session, September 21, 1992
that changes in current ordinances would not be effective in reducing noise level. Mayor
Dobesh requested Mrs. Thayer and Police Chief Watson prepare a joint recommendation to the
City Council at the October 5, 1992 City Council Study Session.
Future Power Supply Study. Gary Mader, Utilities Director, presented information on the need
to review the City's future power supply sources and indicated that the consulting firm of Bums
and McDonnell had been hired in 1991 to address this concern. The results of the completed
study were presented to the City Council by Project Manager for Bums and McDonnell, Roger
McCloud, and Vice President of Burns and McDonnell, Mike McComas.
Adjournment. Meeting was adjourned at 8:55 p.m.
Respectfully submitted,
~~~
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
SEPTEMBER 28, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on September 28, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on September 23, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: ;Mayor Dobesh, Councilmembers Dietrich, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. Wit was absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith
Sinor and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Reverend Dick Bacon.
APPROYAL.OF.MINUTES: Motion by Shafer, second by Sorensen, carried unanimously to
approve the minutes of the September 14, 1992 Regular City Council Meeting and the September
21, 1992 City Council Study Session.
PUBLIC PARTICIPATION:
Mike Garrett, owner of Platte Yalley Retreaders Inc., 602 East Fourth Street, and Jack Roark,
556 East 18th Street, spoke in opposition to the proposed Burlington Northern Elevated Railway.
Gene McCormick, 707 South Pleasantview, voiced opposition to the Chamber of Commerce's
recommendation that the City's form of government be changed from Mayor/Council to City
Manager. Earl Wilson, 2323 Bellwood Drive, voiced concern with the travel and training
budgets for City government, and for the fees paid to the Nebraska League of Municipalities.
Louise Miller, 1104 West Charles, suggested the City consider an ordinance regulating the
leasing of housing units to illegal aliens.
REQUESTS AND REFERRALS:
Receipt of Official Documents. Motion by Kuzma, second by Murray, to receive and place on
file the minutes of the following meetings: Library Board, August 3, 1992; Board of
Adjustment, September 8, 1992; Grand Island Area Solid Waste Agency, September 14, 1992;
and Downtown Improvement Board, September 15, 1992. Upon roll call vote, Dietrich,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was
absent. Motion carried.
I
I
I
Page 2, Regular City Council Meeting, September 28, 1992
Motion by Kuzma, second by Murray to receive the Official Bond for Wayne Vanosdall
Sanitation, Mid-Nebraska Disposal, Inc., Clark Brothers Sanitation, Inc., and Wood River and
AIda Sanitation Service. Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
KKES. Inc. Claim. City Attorney Keith Sinor presented information on the claim of KKES,
Inc., for alleged loss of telephone service. Motion by Feaster, second by Seifert to deny claim.
Upon roll call vote, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer and Kuzma voted
aye. Dietrich abstained. Wit was absent. Motion to deny claim carried.
Concession Stands for Harvest of Harmony Parade. Motion by Shafer, second by Kuzma to
approve the request for concession stands for the Harvest of Harmony Parade. Upon roll call
vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted
aye. Wit was absent. Motion carried.
Sidewalk Installation Request. Public Works Director, Wayne Bennett, presented information
on the request of Mike Rakestraw, 917 Saint Paul Road, for installation of a sidewalk across the
Burlington Northern Railroad tracks, on the north side of Tenth Street, extended across the
Burlington Northern Railroad to Saint Paul Road. Ms. Kristen Tharp, Department of Public
Institutions, was present on behalf of the application. Mr. Bennett recommended that the City
Council authorize the issuance of a notice to Burlington Northern Railroad requiring the
installation of the sidewalk as City Code gives the Council authority to order sidewalks installed
at the adjacent owner's expense. Motion by Johnson, second by Neal to authorize the Public
Works Department to send notice to Burlington Northern. Upon roll call vote, Dietrich,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was
absent. Motion carried.
Citizen Assistance Line. Councilmember Johnson presented information on the establishment
of a Citizen Assistance Line to be utilized by citizens wishing to report routine, non-emergency
concerns that were identified after normal business hours. Motion by Johnson, second by Seifert
to approve the establishment of the Citizen Assistance Line. Upon roll call vote, Dietrich,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was
absent. Motion carried.
Street Improvement Program No.2. 1992. Public Works Director Wayne Bennett informed the
Council that bids had been let for Street Improvement Program No.2, 1992, which would be
partially funded by Community Development Grants. Motion by Murray, second by Dietrich
to receive bids for the program. Upon roll call vote, Dietrich, Murray, Neal, Feaster, Seifert,
Shafer, and Kuzma voted aye. Johnson and Sorensen voted nay. Wit was absent. Motion
carried .
I
I
I
Page 3, Regular City Council Meeting, September 2&, 1992
RESOLUTIONS:
#92-238 - Personal Property Tax Refund Schedule. Chuck Haase, Finance Director, reported
that personal property tax refunds for certain taxable public utility entities for 1989 and 1990
was ordered by the Nebraska Supreme Court on March 1, 1991, and that political subdivisions
were required to file a written payment plan with the Hall County Treasurer's Office. Mr.
Haase added that the City's proposal was that the 1989 Personal Property Tax Refund of
$179,289.79 be paid February 1, 1996, and that the 1990 Personal Property tax refund of
$37,576.03 be paid July 1, 1996, both from General Fund. Motion by Shafer, second by
Murray to approve tax refund schedule. Upon roll call vote, Dietrich, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
#92-239 - Personal Property Tax Refund Schedule for Downtown Improvement Parking District
tI1... Finance Director Chuck Haase reported that the personal property tax refund schedule
proposal for the Downtown Improvement Parking District #2 called for the 1989 Personal
Property tax refund of$14,738.73 be paid February 1, 1996 and that the 1990 Personal Property
tax refund of $3,590.07 be paid July 1, 1996 and that both would be paid from the 1994
Property Tax levy. Motion by Shafer, second by Murray to approve. Upon roll call vote,
Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit
were absent. Motion carried.
#92-240 - Burlington Northern Elevated Rail Corridor Project. Public Works Director Wayne
Bennett explained that the plan provided for the Burlington Northern Railroad tracks to be
elevated from Capital A venue to Highway 30 thereby eliminating eight railroad crossings and
creating grade separation underpasses at Capital A venue, Tenth Street, Seventh Street, Third
Street, Fourth Street, and Highway 30 and a pedestrian underpass to Knickrehm School. Mr.
Bennett added that an agreement had been reached whereby the Nebraska Department of Roads
would fund $6.4 million to the project, the Railroad would fund $11 million, and the City's
share would be approximately $200,000. Paul Hamilton, 305 Cherokee, questioned if contact
had been made with residents and businesses affected by the project. Mike Garrett, 3424
Primrose Drive, stated that he had received correspondence from the Burlington Northern
Railroad but that the information provided was not complete. City Attorney Keith Sinor stated
that the project had been publicized for the last 1 1/2 to 2 years and that the local newspaper had
been covering the project. Motion by Johnson, second by Sorensen to approve. Upon roll call
vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted
aye. Wit was absent. Motion carried.
#92-241 - Reciprocal Intent for Use of Solid Waste Disposal Facilities. Wayne Bennett, Public
Works Director, stated that the City of Grand Island intended to provide solid waste disposal
facilities to interested municipalities and that the Village of Dannebrog, City of Superior and
Nuckolls County wished to utilize the City's solid waste disposal facilities. Motion by Feaster,
second by Kuzma to approve. Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
I
I
I
Page 4, Regular City Council Meeting, September 28, 1992
#92-242 - Reciprocal Intent for Use of Solid Waste Disposal Facilities. Wayne Bennett, Public
Works Director, stated that the City of Grand Island intended to provide solid waste disposal
facilities to all municipalities in Hall County and that the City of Wood River, Village of Cairo
and the Village of Doniphan wishes to utilize the City's solid waste disposal facilities. Motion
by Feaster, second by Kuzma to approve. Upon roll cal vote, Dietrich, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
#92-243 - Platte Generating Station Locomotive Repair. The Purchasing Division presented bids
for the repair of a locomotive utilized by the Utilities Department, Power Division. Beth
Griffiths, Interim Administrative Services Director, reported that two bids were received with
an evaluated bid price ranging from $20,494.11 to $22,765 and that the low bid was submitted
by Independent Locomotive Services of Betha, Minnesota in the amount of $20,494.11. Motion
by Seifert, second by Sorensen to award bid to Independent Locomotive Services. Upon roll
call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, sorensen, Shafer, and Kuzma voted
aye. Wit was absent. Motion carried.
#92-244 - Platte Generating Station Electrical Testing. The Purchasing Division presented bids
for electrical testing services for the Utilities Department, Power Division. Beth Griffiths,
Interim Administrative Services Director, reported that one bid had been received in the amount
of $13,500 from General Electric Company of Omaha, Nebraska. Motion by Seifert, second
by Sorensen to award bid to General Electric Company. Upon roll call vote, Dietrich, Murray,
Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was absent.
Motion carried.
#92-245 - Snow Removal Services. The Purchasing Division stated that one bid had been
received for snow removal service for the 1992-1993 Winter Season. Beth Griffiths, Interim
Administrative Services Director, reported that the bid from Hooker Brothers, Inc., included unit
pricing for various snow removal tasks and added that the Resolution contained a typographical
error in that the rate for Front End Loaders was actually $75.00/hour not $72.00/hour as stated
in the resolution. Motion by Seifert, second by Sorensen to award bid to Hooker Brothers, Inc.
Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Wit was absent. Motion carried.
#92-246 - Radioactive Source Switches. The Purchasing Division reported that one bid for the
purchase of radioactive source switches to serve the Utilities Department, Power Division had
been received and that the bid was for $14,800 from Stock Equipment Company of Prairie
Village, Kansas. Motion by Seifert, second by Sorensen to award bid to Stock Equipment
Company. Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen,
Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
#92-247 - Wooden Distribution Poles. The Purchasing Division presented bids for the purchase
of wooden distribution poles to serve the Utilities Department, Electric Line Division. Interim
Administrative Services Director, Beth Griffiths, reported that three bids had been received
ranging from $16,290 to $19,383 and that the low bid was received from Larsen Marketing of
I
I
I
Page 5, Regular City Council Meeting, September 28, 1992
Lincoln, Nebraska. Motion by Seifert, second by Sorensen to award bid to Larsen Marketing.
Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Wit was absent. Motion carried.
#92-248 - Loading Zone on Kennedy Drive. Public Works Director Wayne Bennett reported
that Dr. Jose A. Nader had requested a loading zone in front of a new office building located
at 3016 Faidley Avenue, inasmuch as the handicap parking in the off street parking lot would
be too far away form the building entrance for patients. Motion by Seifert, second by Shafer
to approve request. Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
#92-249 - Paramedic Training Program Agreement. Motion by Shafer, second by Seifert, to
approve the agreement with McCook Community College for a Paramedic Training Program.
Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Wit was absent. Motion carried.
#92-250 - Contract Change Orders for Water Park. Interim Administrative Services Director,
Beth Griffiths, presented information on the two contract change orders for the Water Park
Project. Motion by Shafer, second by Kuzma to approve the change orders. Upon roll call
vote, Dietrich, Murray, Johnson, Neal, Seifert, Shafer, and Kuzma voted aye. Sorensen voted
nay. Feaster abstained. Wit was absent. Motion carried.
#92-251 - Waiver of Formal Bidding Requirement for Platte Generating Station Turbine
Overhaul. Gary Mader, Utilities Director, reported that during the September 23, 1992 turbine
generator overhaul, an inspection of the generator revealed necessary repair work. Mr. Mader
stated that the Utilities Department had proceeded to obtain written quotations of the required
repairs, which were in excess of $10,000. Inasmuch as the formal advertising and bidding for
purchases would delay completion of the overhaul by approximately four weeks, Mr. Mader
requested that the City Council formally declare an emergency and waive the formal bidding
requirements of the Procurement Code for the necessary repair work. Motion by Seifert, second
by Feaster to approve waiver of formal bidding requirements. Upon roll call vote, Dietrich,
Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was
absent. Motion carried.
ORDINANCE:
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7867 - Authorizing Vacation of Silverwood Subdivision
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to call out the number of the Ordinance on
I
I
I
Page 6, Regular City Council Meeting, September 28, 1992
its first reading, and then upon final passage, and call for a roll call vote on each reading and
final passage. Council member Shafer seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Upon roll call, Dietrich, Murray, Neal, Johnson, Feaster, Seifert, Shafer, and
Kuzma voted aye. Sorensen abstained. Wit was absent. Motion carried.
Clerk: Ordinance #7867 on its first reading. All those in favor of passage, answer roll call.
Upon roll call vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and
Kuzma voted aye. Wit was absent. Motion carried.
Clerk: Ordinance #7867 on its final reading. All those in favor of passage of said ordinance
on its final passage, answer roll call. Upon roll call vote, Dietrich, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Wit was absent. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinance,
Ordinance #7867 is declared to be lawfully passed and adopted upon publication as required by
law.
CLAIMS:
Motion by Feaster, second by Seifert to approve the claims in the amount of $1,188,839.80 as
presented by the City Clerk. Councilmember Seifert abstained from voting on Claim #2640.
ADJOURNMENT: Meeting was adjourned at 7:50 p.m.
Respectfully submitted,
&! i({0t- Z (!J)LA~2/1qivf
Cindy K. Cartwright
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
October 5, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, October 5, 1992.
Notice of this meeting was given in the Grand Island Daily Independent on September 30, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Neal, Feaster,
Seifert, Sorensen, and Kuzma. Absent were Johnson, and Shafer. The following officials were
present: City Administrator Zachary Zoul, and City Clerk Cindy Cartwright.
CityDesk Newsletter Proof. City Administrator Zachary Zoul presented a proof copy of the
second issue of the CityDesk Newsletter. Earl Wilson, 2323 Bellwood Drive, questioned the
costs associated with the publication of the newsletter. Councilmember Sorensen suggested
inserting the newsletter in the monthly utility bills in order to save postage costs.
1991-1992 Financial Report. Chuck Haase, Finance Director, presented a financial review of
the 1991-1992 Fiscal Year.
Noise Pollution. Assistant City Attorney, Lisa Thayer, recommended that the Council accept
the recommendation of the Police Department and not amend the City Ordinance relative to
noise pollution at this time.
Back Flow Prevention and Cross Connection Control. Assistant Utilities Director, Bob Rannard,
stated that in March of 1992, Governor Nelson signed amendments to Title 179 Nac 2,
Regulations Governing Public Water Supply Systems, which resulted in the Federal Law 93-523
Safe Drinking Water Act. Mr. Rannard added that all public water systems are required to have
a Back Flow and Cross Connection Control program implemented by January 1, 1993. Mr.
Rannard introduced Mr. Al Hermsen, a recognized authority on the Nebraska regulations on
cross connection control. Mr. Hermsen presented information to the Council on causes of back
flow prevention and cross connection control.
Adjournment. Meeting was adjourned at 8: 10 p. m.
Respectfully submitted,-
(!{I /1 C{;-j !<( (J/)ufUJ--rAtjllDl--
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF REGULAR CITY COUNCIL MEETING
October 12, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, October 12,
1992. Notice of the meeting was given in the Grand Island Daily Independent on October 7,
1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public
Works Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by Reverend Kay Alnor.
APPROVAL OF MINUTES: Motion by Sorensen, second by Wit, carried unanimously to
approve the minutes of the September 28, 1992 Regular City Council Meeting, and the October
5, 1992 City Council Study Session.
PROCLAMATIONS: The City Clerk reported that October 1992 had been proclaimed as
Disability Employment Awareness Month.
PUBLIC HEARINGS:
Application for Liquor License. Public hearing was held on the request of Pizza Hut, 1608
South Locust Street, for a Class "A" Liquor License. City Attorney Keith Sinor introduced the
following exhibits: Application for the Liquor License filed with the Liquor Control
Commission and received by the City Clerk on September 28, 1992; Notice to applicant of date,
time, and place of hearing mailed on October 6, 1992; Notice to general public of date, time,
and place of hearing published on October 1, 1992; Chapter 4, City Code - Alcoholic Beverages;
and Departmental reports as required by City Code. Teresa Roll, President of Pizza Hut, was
present on behalf of the application. No testimony from the public was received.
Application for Liquor License. Public hearing was held on the request of Sportsman's, Inc.,
501 North Pine Street, for a Class "C" Liquor License. City Attorney Keith Sinor introduced
the following exhibits: Application for the Liquor License filed with the Liquor Control
Commission and received by the City Clerk on September 22, 1992; Notice to applicant of date,
time, and place of hearing mailed on October 6, 1992; Notice to general public of date, time,
and place of hearing published on September 30,1992; Chapter 4, City Code - Alcoholic
Beverages; and Departmental reports as required by City Code. Debra Adams, President of
I
I
I
Page 2, Regular Meeting, October 12, 1992
Sportsman's Inc., June Thomas, Manager, and Legal Counsel, Jim Wagoner, were present on
behalf of the application. No testimony from the public was received.
PUBLIC PARTICIPATION:
Earl Wilson, 2323 Bellwood Drive, voiced concern with claims relative to the Little Theater and
the golf professional.
REQUEST AND REFERRALS:
Receipt of Minutes. Motion by Shafer, second by Sorensen, carried unanimously to receive and
place on file the minutes of the Library Board, September 14, 1992; Civil Service Commission,
September 24, 1992; Civil Service Commission, September 29, 1992; Grand Island Area Solid
Waste Agency, October 5, 1992; Civil Service Commission, October 5, 1992.
Application for Liquor License. Motion by Seifert, second by Feaster, carried unanimously to
approve the request of Pizza Hut, 1608 South Locust Street, for Class "A" Liquor License.
Application for Liquor Manager. Motion by Seifert, second by Feaster, carried unanimously
to approve the request of Peggy Reeve for Liquor Manager for Pizza Hut, 1608 South Locust
Street.
Application for Liquor License. Motion by Seifert, second by Feaster, carried unanimously to
approve the request of Sportsman's Inc., 501 North Pine Street, for Class "C" Liquor License.
Application for Liquor Manager. Motion by Seifert, second by Feaster, carried unanimously
to approve the request of June Thomas for Liquor Manager for Sportsman's Inc., 501 North
Pine Street. Ms. Thomas was present on behalf of the request.
License Agreement to Locate Leach Field in Easement. Motion by Seifert, second by Feaster,
carried unanimously to approve the request of Beverly Herndon, 1604 Jerry Drive, for License
Agreement to allow for the location of a leach field in easement.
RESOLUTIONS:
#92-252 - Increased Funding from Nebraska Department of Roads for Highway Construction.
Wayne Bennett, Public Works Director, reported that funding for Highway Construction for
District #4 as set forth in the Nebraska Department of Roads' FY 1993 Highway Construction
Plan, was 50% less than what the District had historically been allocated since 1984. Mr.
Bennett stated that this resolution would petition the Governor to restore lost funding and fund
the District at its fair share level of 16.4%. Motion by Kuzma, second by Shafer, to approve.
Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Feaster, Sorensen, Shafer, and
Kuzma voted aye. Seifert abstained. Motion carried.
I
I
I
Page 3, Regular Meeting, October 12, 1992
#92-253 - Partial Cloverleaf Intersection Design at Highway 281 and Interstate 80. Wayne
Bennett, Public Works Director, explained that the partial cloverleaf improvements had been
considered a priority by the Department of Road and had been scheduled for construction in
1993, but that the State Engineer had canceled the project and now recommended traffic signals.
Mr. Bennett stated that Resolution #92-253 would support construction of a partial cloverleaf
at the Interstate 80 and Highway 281 Interchange. Councilmember Kuzma asked if Hastings
and Kearney would be sending similar correspondence to the State Engineer. Mr. Bennett
replied that both Kearney and Hastings would be sending correspondence. Motion by Kuzma,
second by Shafer to approve. Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert abstained. Motion carried.
#92-254 - Expedited Construction of South Locust Street/Interstate 80 Interchange Project.
Wayne Bennett, Director of Public Works, reported that the Nebraska Department of Roads had
indicated its willingness to accelerate the timetable for the South Locust Street/Interstate 80
Interchange Project, and stated that Resolution #92-254 confirmed support of the City for the
Project and expressed appreciation to the Director of the Nebraska Department of Roads.
Motion by Kuzma, second by Shafer to approve. Upon roll call vote, Dietrich, Wit, Murray,
Johnson, Neal, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert abstained. Motion
carried.
#92-255 - Final Plat and Subdivision Agreement for Birmingham Estates Subdivision. Nelson
Helm, Regional Planning Commission Director, presented information on the final plat and
subdivision agreement for Birmingham Estates Subdivision, submitted by Dr. William Gomes
for a .29 acre tract of land located immediately south of Hedde Street on the east side of Hope
Street. Motion by Murray, second by Shafer, carried unanimously to approve.
#92-256 - Final Plat and Subdivision Agreement for Pioneer Ranch Subdivision. Nelson Helm,
Regional Planning Commission Director, presented information on the final plat and subdivision
agreement for Pioneer Ranch Subdivision, submitted by Mr. and Mrs. Bruce Stoltenberg, Mr.
and Mrs. Louis Schnedler, Jr., and Ms. Janice Janlovitz for a 7.66 acre tract of land located on
the west side of Engleman Road, approximately three-eights mile south of Schimmer Drive.
Motion by Murray, second by Shafer, carried unanimously to approve.
#92-257 - Final Plat and Subdivision Agreement for Trafalgar Square Subdivision. Nelson
Helm, Regional Planning Commission Director, presented information on the final plat and
subdivision agreement for Trafalgar Square Subdivision, submitted by 3H Partnership and Mr.
Allen Cole for a 3.54 acre tract of land located on the north side of Stolley Park Road, on both
sides of Ada Street. Motion by Murray, second by Shafer, carried unanimously to approve.
Reciprocal Intent for Use of Solid Waste Disposal Facilities. Representatives from North Loup
asked that this item be withdrawn for Council consideration.
I
I
I
Page 4, Regular Meeting, October 12, 1992
#92-258 - Ambulance. The Purchasing Division presented bids for the purchase of an
Ambulance to serve the Fire Department, Emergency Medical Services Division. Beth Griffiths,
Purchasing Agent, reported that five vendors submitted 14 bids which ranged from $60,220 to
$67,290 and that the low bid did not meet specifications. Ms. Griffiths reported that the second
lowest bid was submitted by Smeal Fire Equipment Company, Inc., of Snyder, Nebraska, in the
amount of $61,258. Motion by Johnson, second by Wit, carried unanimously to award bid to
Smeal Fire Equipment Company, Inc.
#92-259 - Street Improvement Project 1992-2. City Clerk Cindy Cartwright reported that
Resolution #92-259 contained a typographical error and that the actual amount of the bid by
Diamond Engineering for StreetImprovement Project 1992-2 was $105,655.19. Wayne Bennett,
Public Works Director, reported that the bid from Diamond Engineering was the only bid
received for the Street Improvement Project. Motion by Johnson, second by Wit, carried
unanimously to award bid to Diamond Engineering in the amount of $105,655.19.
#92-260 - Change Order for City Hall Project. Beth Griffiths, Purchasing Agent, reported that
the change order for the City Hall Project included modifications for second floor framing,
electrical power for communications equipment, additional conduit for future communications
wiring, additional HV AC transfer ducts with the deletion of duct access doors, and over-
excavation of footing column to expose suitable bearing soil. Council member Johnson voiced
disappointment that these items were not included in the original document. Motion by Shafer,
second by Neal to approve. Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Feaster,
Shafer, and Kuzma voted aye. Seifert and Sorensen voted nay. Motion carried.
#92-261 - City Desk Newsletter. City Administrator Zachary Zoul reported that funds had been
budgeted for the quarterly publication of a citizen newsletter designed to provide continuing
information to residents of Grand Island. Council member Dietrich, Sorensen, and Feaster
voiced opposition to the newsletter, stating that the coverage by the Grand Island Independent
was sufficient, and that the cost of the newsletter was not justified. Councilmember Kuzma
stated that the City Desk was a source of information that the City had a responsibility to
provide to citizens. Councilmember Neal reflected on the Clark/Eddy Street hearing and stated
that the people were angry because they had not known about the planned modifications. Mrs.
Neal added that there were many different ways of reaching people and that the newsletter was
an effort to do this. Council member Johnson stated that the newsletter was one of the best
investments the City could make. Earl Wilson, 2323 Bellwood Drive, stated that there appeared
to be several postage accounts in the claims. Motion by Kuzma, second by Shafer to approve.
Upon roll call vote, Wit, Murray, Johnson, Neal, Shafer, and Kuzma voted aye. Dietrich,
Feaster, Seifert, and Sorensen voted nay. Motion carried. Mayor Dobesh then vetoed the
approval of the publication of the City Desk newsletter.
Gene McCormick, 707 South Pleasantview, requested copies of the monthly appropriation
report.
I
I
I
Page 5, Regular Meeting, October 12, 1992
#92-262 - State Legislation Permitting Municipal Cable Television Utilities. Mike Milhon, Vice
Chairman of the Cable Television Advisory Board, reported on the Board's recommendation to
the Council to pursue State Legislation Permitting Municipal Television Utilities.
Council member Wit voiced support for private competition and asked what the benefits of a
municipally owned system would be. Mr. Milhon stated that there were no private competitors
interested in servicing Grand Island at this time, and that the benefits of a municipally owned
system would include better service, more competitive rates, and City retention of the revenue.
Motion by Murray, second by Neal to approve. Upon roll call vote, Wit, Murray, Johnson,
Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted aye. Dietrich voted nay. Motion
carried.
ORDINANCE:
Wayne Bennett, Public Works Director, explained the proposal for an amendment to the City
Code which would grant the City Council wider latitude in the establishment of charges and
conditions for the acceptance of out -of-county solid waste. Council member Kuzma voiced
acceptance of the plan, stating that the City may otherwise have priced themselves out of
competition. Gene McCormick, 707 South Pleasantview, stated he hoped a provision for
liability insurance was included.
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinance numbered:
#7868 - To Amend City Code Pertaining to Requirements for Out of County Waste
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout 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
final passage. Councilmember Shafer seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Upon roll call, Dietrich, Wit, Murray, Johnson, Neal, Feaster, Seifert,
Sorensen, Shafer, and Kuzma voted aye. Motion carried unanimously.
Clerk: Ordinance #7868 on its first reading. All those in favor of passage, answer roll call.
Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Feaster, Seifert, Shafer, and Kuzma
voted aye. Sorensen abstained. Motion carried.
Clerk: Ordinance #7868 on its final passage. All those in favor of passage of said ordinance
on its final passage, answer roll call. Upon roll call vote, all voted unanimously to approve.
Motion carried.
I
I
I
Page 6, Regular Meeting, October 12, 1992
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinance #7868 is declared to be lawfully passed and adopted upon publication as required by
law.
CLAIMS:
Councilmember Neal abstained from voting on Claim #003055 and Councilmember Murray
abstained from voting on Claim #002839. Motion by Neal, second by Johnson, carried
unanimously to approve the claims in the amount of $2,485,432.94 as presnted by the City
Clerk.
City Administrator Zoul introduced Joel Foster as the new Administrative Services Director.
ADJOURNMENT: Meeting was adjourned at 7:55 p.m.
Respectfully submitted,
fhuUt-. K Uichuv1 ~<
Cindy K. ~artwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
CITY COUNCIL STUDY SESSION
October 19, 1992
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on Monday, October 19, 1992.
Notice of this meeting was given in the Grand Island Daily Independent on October 14, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Council members Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright and City Attorney Keith Sinor.
Community Development Home Ownership Program. Jerenne Garroutte, Community
Development Director, provided information on the status of the Home Ownership Grant
Application. Mrs. Garroutte indicated that a grant application had been submitted to the
Department of Economic Development for funding for down payment assistance and that these
funds would be used for construction of single family dwellings on scattered sites with
preference in the Northeast area. R. W. Bass, Executive Director of the Grand Island Area
Housing Corporation, was informed the Council that the Corporation, in conjunction with the
Community Development Program, planned to build 24 houses in the Grand Island area within
the next two years. Mr. Bass stated that construction had started on two housing units, both in
the northeast area of Grand Island, but that requests had been received to go outside the
designated area. Mr. Bass added that the value of the homes would be approximately $55,000
and that currently the corporation had 129 applications, and would welcome more.
Councilmember Kuzma stated that several residents of the Cherry Street area were opposed to
Community Development funding of houses along Pleasantview Drive. Ray Curtis, 1115 South
Eugene Street, spoke in opposition to the Community Development Home Ownership Program
and against locating the houses on Pleasantview Drive. Council member Johnson stated that the
City had control only over the Community Development Program and not over the Grand Island
Area Housing Corporation and that citizens concerned with the proposal of the Housing
Corporation should attend the next meeting of the Housing Corporation to express their views.
City Desk Newsletter. City Administrator Zachary Zoul presented information on three options
for publication of the City Desk Newsletter and explained that this information was provided to
insure that everyone was aware of the correct expenses and to note that the budget would be
adhered to. Councilmember Johnson stated he had received approximately 70% - 80% favorable
response to the newsletter and that citizens believed that the newsletter was a good use of public
funds. Mr. Johnson referenced the Mayor's comments at the October 12, 1992 City Council
Meeting relative to the newsletter and Mr. Johnson stated he could not understand the Mayor's
position on postponing the newsletter until after the election or until occupation of the new City
Hall. Council member Dietrich stated that the main issue should be whether people were getting
information in the newsletter that they were not getting elsewhere. Councilmember Seifert
I
I
I
Page 2, Study Session, October 19, 1992
suggested looking at alternative ways to provide information to the citizens. Council members
Kuzma and Shafer voiced support for the newsletter stating that the Council had identified public
information as a priority and that the Council had a responsibility to provide information to the
public. Council member Kuzma stated that any attempt to withhold information should concern
the public. Earl Wilson, 2323 Bellwood Drive, stated that there had not been information on
the current budget status of the City Hall and the Water Park. Louise Miller, 1104 West
Charles, voiced opposition to the newsletter.
Children's Village Resource Center. Tom Cook, Manager/Clinician of Children's Village, and
Celeste Heaivilin, Social Service Worker with the Nebraska Department of Social Services,
provided information on the Foster Children Program. Councilmembers Kuzma, Neal, Dietrich,
and Wit complimented Mr. Cook and Ms. Heaivilin on the program and encouraged them to
continue.
Mayor Dobesh called for a five minute break at 8:17 p.m. Meeting resume at 8:24 p.m.
Neighborhood Clean Up Programs. Dan Nitzel and Ken Elshoff of the Old Towne Heritage
Neighborhood Association requested City assistance consisting of equipment and personnel for
the next neighborhood clean up scheduled for spring of 1993. City Administrator Zachary Zoul
stated that the street and alley department was funded with gas tax money and that according to
State guidelines the City was prohibited from using these funds for neighborhood clean up
projects. Mr. Zoul added that the if the Council wanted to set policy on City involvement in
neighborhood clean up programs, City funds would have to be allocated. Councilmember
Johnson stated that the Council could begin by establishing minimum area and participation
guidelines which would have to be met before City assistance was provided, and suggested that
the funds allocated to the Clean Community Systems could be used to fund this project since that
money comes from landfill funds. Councilmember Neal stated that the Property Maintenance
Task Force was in the process of developing a City Code relative to property maintenance
guidelines. City Administrator Zoul reported that when the street department was involved in
major street cleanup, reimbursement funds are requested from the Federal Energy Management
Agency.
Public Library. J an Karr, President of the Grand Island Board of Trustees for the City Library,
and Steve Fosselman, Director of the Library, presented information on the status of the
Library. Mr. Fosselman noted that services at the Library had increased as a result of a
renewed commitment by the Mayor, City Council and City Administrator. Mr. Fosselman
added that the item check out limit had been lifted and the age limit for a library card holder had
been eliminated.
Municipal Golf Course. Steve Paustian, Parks and Recreation Director, and John Hadwick, Golf
Superintendent, and Scott Brunzell, Golf Professional, presented information on the status of the
Municipal Golf Course. Mr. Paustian reported that the golf course required no tax money to
operate and, in fact, generated revenue for return to the improvement fund. Council member
I
I
I
Page 3, Study Session, October 19, 1992
Seifert asked if consideration had been given to allowing the use of private golf carts. Mr.
Hadwick reported that initially a Council decision prohibited private golf carts and that
approximately six years ago a second Council upheld the decision to prohibit private golf carts.
Mr. Hadwick added that most newer municipal golf courses follow this practice in an effort to
regulate the golf carts used.
ADJOURNMENT: Meeting was adjourned at 9:22 p.m.
Respectfully submitted,
~ ~ tAAnLI/jrJ-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
OCTOBER 26, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on October 26, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on October 21, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and
Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by the Invocation given by Pastor James Carretto,
Trinity Lutheran Church.
APPROVAL OF MINUTES: Motion by Sorensen, second by Murray, carried unanimously to
approve the minutes of the October 12, 1992 Regular City Council Meeting, and the October
19, 1992 City Council Study Session.
PRESENTATIONS:
Fire Chief. City Clerk Cindy Cartwright read a Resolution honoring Fire Chief Ronald
Schwieger upon his retirement from the Fire Department.
Assistant Utility Director. Mayor Dobesh presented Mr. Bob Ranard with a placque to
commemorate his retirement from the Utilities Department.
PUBLIC HEARING:
Application for Liquor License. Public hearing was held on the request of B. T.'s Lounge, 2320
South Locust Street, for a Class "C" Liquor License. City Attorney Keith Sinor introduced the
following exhibits: Application for the Liquor License filed with the Liquor Control
Commission and received by the City Clerk on October 7, 1992; Notice to applicant of date,
time, and place of hearing mailed on October 9, 1992; Notice to general public of date, time,
and place of hearing published on October 15, 1992; Chapter 4, City Code - Alcoholic
Beverages; and Departmental reports as required by City Code. Pamela Hall, owner, was
present on behalf of the application. No testimony from the public was received.
PUBLIC PARTICIPATION:
Glendale Reiss, 910 North Boggs, spoke against placement of the City Council Agendas in the
back of the Council Chamber.
I
I
I
Page 2, Regular Meeting, October 26, 1992
DISCUSSION AND INFORMATION ITEMS:
Grand Isle Heritage Zoo Programs. Gail Foreman, Director of the Grand Isle Heritage Zoo,
and Cindy Summers, Education Curator, presented information on the zoo's Outreach Program,
and notified the Council that a 1992 van had been donated to the zoo by Anderson Ford. Earl
Wilson, 2323 Bellwood Drive, spoke in opposition to educational activities at the zoo.
Building Activity. Craig Lewis, Building Inspection Director, presented information on the
building construction activity in Grand Island for 1991-1992. City Administrator Zachary Zoul
commended the Building Department Staff for efficient handling of the large volume of activity.
REOUESTS AND REFERRALS:
Receipt of Official Documents. Motion by Seifert, second by Feaster to receive and place on
file the minutes of the following meetings: Downtown Improvement Board, September 15,
1992; Regional Planning Commission, October 7, 1992; Community Development Advisory
Committee, October 7, 1992; Keno Committee Meeting, October 14, 1992; and to receive an
Official Bond, in the amount of $50,000, from Central Waste Disposal, Inc. Upon roll call
vote, Dietrich, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, Shafer, and Kuzma voted
aye. Wit abstained. Motion carried.
Appointment of Fire Chief. Mayor Dobesh stated that inasmuch as the position of Fire Chief
was a Civil Service position, the Mayor had the authority to fill the position without Council
approval. City Attorney Keith Sinor stated that in 1985 when the State revised Civil Service
Laws, the City adopted these regulations into City Code and that these regulations allow for the
Mayor to be the appointing authority for Civil Service positions. Mayor Dobesh appointed Fire
Captain Jimmy Rowell as Fire Chief. Councilmembers Seifert and Johnson voiced concern with
the Civil Service test and asked that the test be reviewed.
Liquor License Application. Motion by Shafer, second by Feaster, carried unanimously to
approve the request of B. T.'s Lounge for a Class "C" Liquor License. Councilmember Johnson
questioned the new legislation relative to issuance of liquor licenses. City Attorney Sinor stated
that it is anticipated that the Legislature would establish new guidelines with input from the
League of Nebraska Municipalities.
Connection to Interceptor Sanitary Sewer. Motion by Seifert, second by Sorensen to approve
the request of Dr. and Mrs. R. L. Pomajzl of 2512 South Blaine Street, for a License
Agreement to allow their home to be connected to the interceptor sanitary sewer that crosses
their property. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Sorensen,
Shafer and Kuzma voted aye. Johnson abstained. Motion carried.
Ingress/Egress Across Easement. Motion by Seifert, second by Sorensen, to approve the request
of Mr. Clinton W. John of 3417 Schroeder Avenue to obtain access rights across an easement
I
I
I
Page 3, Regular Meeting, October 26, 1992
to provide ingress and egress to Lots Twelve, Thirteen and Fourteen of Reuting's First
Subdivision. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Sorensen,
Shafer, and Kuzma voted aye. Johnson abstained. Motion carried.
RESOLUTIONS:
#92-261 - City Desk Newsletter. This item was returned to the Council after a veto by Mayor
Dobesh at the October 12, 1992 City Council Meeting. Motion by Murray, second by Wit to
approve publication of the second issue of the City Desk Newsletter. Gene McCormick, 707
South Pleasantview, voiced opposition to the newsletter and to the City Administrator's
participation in the promotion of the City Desk newsletter. Tom Atkins, 2723 North Road,
spoke in support of the City Desk Newsletter, stating that citizens had the right to know what
was happening with their tax money and that the newsletter would help keep government
accountable. Earl Wilson, 2323 Bellwood Drive, stated that the newsletter should provide
factual information. George SoH, 3523 Seedling Mile Road, stated the issue should be one of
cost versus benefit. Council member Wit expressed concern with the belief that a newsletter is
redundant simply because information is available in the newspaper, inasmuch as that statement
is based on the assumption that everyone subscribes to the newspaper. Council member Johnson
questioned Mayor Dobesh on the Mayor's veto of the newsletter and asked if common ground
could be found relative to the publication and distribution of the newsletter. Mayor Dobesh
replied that he objected to the handling of the newsletter, as well as the expenditures involved
in the publication and distribution of the newsletter and that he was opposed to publication of
a newsletter until after the election or until the move to the new City Hall. Upon roll call vote,
Wit, Murray, Johnson, Neal, Shafer, and Kuzma voted aye. Dietrich, Seifert, Feaster and
Sorensen voted aye. Inasmuch as seven votes were needed to override the Mayor's veto, the
veto is upheld.
Appraisal of Commercial Property. This item was withdrawn from the agenda at the request
of Ms. Jerenne Garroutte, Community Development Director.
#92-263 - Okonite Cable. The Purchasing Division presented bids for the purchase of okonite
cable to serve the Utilities Department, Electric Line Division. Beth Griffiths, Purchasing
Agent, stated that three bids had been received ranging from $17,486.82 to $19,700.10 and that
the low bid was submitted by Westinghouse Electric of Grand Island in the amount of
$17,486.82. Motion by Wit, second by Murray to award bid to Westinghouse Electric. Upon
roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer
voted aye. Kuzma was absent at the time the vote was taken. Motion carried.
#92-264 - Water Park Irrigation System. The Purchasing Division presented bids for the
purchase of an irrigation system at the Water Park. Beth Griffiths, Purchasing Agent reported
that two bids had been received in the amounts of $24,685 and $29,995 and that the low bid was
submitted by Tilley Sprinkler Systems, Inc., of Grand Island, in the amount of $24,685. Motion
by Wit, second by Murray to award bid to Tilley Sprinkler Systems, Inc. upon roll call vote,
I
I
I
Page 4, Regular Meeting, October 26, 1992
Dietrich, Wit, Murray, Johnson, Neal, Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma
was absent at the time the vote was taken. Motion carried.
ORDINANCES:
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7869 - Creating Street Improvement District - Hall Street
#7870 - Creating Street Improvement District - Dodge Street
#7871 - Authorizing Conveyance of Property at 7th and Plum
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout 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
final passage. Councilmember Seifert seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
. on the motion. Upon roll call vote, all voted aye.
Clerk: Ordinances #7869, #7870, #7871 on their first reading. All those in favor of passage,
answer roll call. Upon roll call vote, all voted aye.
Clerk: Ordinances #7869, #7870, #7871 on their final passage. All those in favor of passage
of said ordinances on their final passage, answer roll call. Upon roll call vote, all voted aye.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7869, #7870, #7871 are declared to be lawfully passed and adopted upon
publication as required by law.
CLAIMS:
Motion by Feaster, second by Wit, carried unanimously to approve the claims in the amount of
$812,199.01 as presented by the City Clerk. Councilmember Seifert abstained from voting on
Claim #3245.
ADJOURNMENT: Meeting was adjourned at 8:05 p.m.
Respectfully submitted,
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF REGULAR CITY COUNCIL MEETING
November 9, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, November 9,
1992. Notice of the meeting was given in the Grand Island Daily Independent on November 4,
1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City
Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public
Works Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by City Clerk Cindy Cartwright.
APPROVAL OF MINUTES: Motion by Shafer, second by Murray, carried unanimously to
approve the minutes of the October 26, 1992 Regular City Council Meeting.
PROCLAMATION: The City Clerk reported that November 15-21, 1992 had been proclaimed
as American Education Week.
PUBLIC HEARINGS:
Application for Renewal of Conditional Use Permits. Public hearing was held on the request
of Bellows Outdoor Advertising for renewal of Conditional Use Permits for billboards at 2216
South Locust Street, 2412 South Locust Street, 2929 South Locust Street, and 1803 South Locust
Street. No testimony from the public was received.
Application for Liquor Licenses. Public hearing was held on the request of Skagway Discount
Department Stores, Inc., 620 West State Street, for Class "B" and Class "K" Liquor Licenses.
City Attorney Keith Sinor introduced the following exhibits: Application for the Liquor License
filed with the Liquor Control Commission and received by the City Clerk on October 26, 1992;
Notice to applicant of date, time, and place of hearing mailed on October 28, 1992; Notice to
general public of date, time, and place of hearing published on October 30, 1992; Chapter 4,
City Code - Alcoholic Beverages; and Departmental reports as required by City Code. William
Blackburn, attorney for the applicant, and William C. Martin, President of Skagway, were
present on behalf of the application. Vanessa Ward, 118 East 19th Street, spoke in opposition
to the issuance of the liquor licenses.
I
Page 2, Regular Meeting, November 9, 1992
Application for Liquor Licenses. Public hearing was held on the request of Skagway Discount
Department Stores, Inc., 1607 South Locust Street, for Class "B" and Class "K" Liquor
Licenses. City Attorney Keith Sinor introduced the following exhibits: Application for the
Liquor License filed with the Liquor Control Commission and received by the City Clerk on
October 26, 1992; Notice to applicant of date, time, and place of hearing mailed on October 28,
1992; Notice to general public of date, time, and place of hearing published on October 30,
1992; Chapter 4, City Code - Alcoholic Beverages; and Departmental reports as required by
City Code. William Blackburn, attorney for the applicant, spoke in support of the application.
Gene McCormick, 707 South Pleasantview, stated that it would be discriminatory to refuse a
liquor license to Skagway inasmuch as other stores had been awarded liquor licenses.
Land Use Change. Nelson Helm, Regional Planning Commission Director, reported that an
application had been submitted with the City Clerk's Office to rezone a 4,080 square foot tract
of land located west of Custer Avenue and north of Sixth Street, extended. No testimony from
the public was heard.
Land Use Change. Nelson Helm, Regional Planning Commission Director, reported that an
application had been submitted with the City Clerk's office to rezone a three acre tract of land
located approximately 1/4 mile north of 13th Street and 492 feet west of Diers Avenue. No
testimony from the public was heard.
I PUBLIC PARTICIPATION:
Gene McCormick, 707 South Pleasantview, spoke in reference to a letter received from the
Nebraska Accountability and Disclosure Commission.
I
Dennis Wing, 3012 West 16th Street, spoke against installation of a monopole antennae at the
new City Hall, and in favor of installation of a self supporting radio antennae instead. This
matter was referred to the November 16, 1992 City Council Study Session for further review.
Louise Miller, 1104 West Charles, spoke in reference to Grand Island as a Nebraska 2000
community.
REOUESTS AND REFERRALS:
Receipt of Minutes. Motion by Murray, second by Wit, carried unanimously to receive and
place on file the minutes of the Library Board, October 5, 1992; Hike and Bike Trail
Committee, October 6, 1992; Library Board, October 19, 1992; Downtown Improvement Board,
October 20, 1992; and Board of Health, October 21, 1992.
Request for Renewal of Conditional Use Permits. Motion by Johnson, second by Wit, carried
unanimously to approve the request of Bellows Outdoor Advertising for renewal of the
Conditional Use Permit for billboards at 2216 South Locust Street, 2412 South Locust Street,
2929 South Locust Street, and 1803 South Locust Street.
I
I
I
Page 3, Regular Meeting, November 9, 1992
Application for Liquor Licenses. Council member Sorensen stated that although he was not in
favor of issuing liquor licenses to grocery stores, inasmuch as licenses had been approved for
other stores, there were no grounds to deny a license to Skagway. Councilmember Kuzma
voiced disappointment that a grocery store needed to go into the liquor business to stay
competitive. Councilmember Johnson voiced opposition to the application stating that the
opposition was not based on the quality of the applicant, but that historically he had voted
against liquor in grocery stores. Motion by Shafer, second by Sorensen to approve the request
of Skagway Discount Department Stores, Inc., for Class "B" and Class "K" Liquor Licenses.
Councilmember Shafer amended his original motion to include approval of Application for
Liquor Licenses for both Skagway locations and for approval of request of William Martin for
Liquor Manager at both Skagway locations. Upon roll call vote, Dietrich, Wit, Murray, Neal,
Feaster, Seifert, Sorensen, and Shafer voted aye. Kuzma and Johnson voted nay. Motion
carried .
Application for Liquor Manager. Motion by Shafer, second by Sorensen to approve the request
of William C. Martin, 2416 Apache, for Liquor Manager for Skagway Discount Department
Stores, 620 West State Street. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster,
Seifert, Sorensen, and Shafer voted aye. Kuzma and Johnson voted nay. Motion carried.
Application for Liquor Licenses. Motion by Shafer, second by Sorensen to approve the request
of Skagway Discount Department Stores, Inc., 1607 South Locust Street, for Class "B" and
Class "K" Liquor Licenses. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert,
Sorensen, and Shafer voted aye. Kuzma and Johnson voted nay.
Application for Liquor Manager. Motion by Shafer, second by Sorensen to approve the request
of William C. Martin, 2416 Apache, for Liquor Manager for Skagway Discount Department
Stores, 1607 South Locust Street. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster,
Seifert, Sorensen, and Shafer voted aye. Kuzma and Johnson voted nay. Motion carried.
Claim of Diego Mendoza. et al. City Attorney Keith Sinor presented information relative to the
claim. Councilmember Seifert asked if the State of Nebraska had the authority to regulate the
traffic signals and asked if these signals had ever been modified. Public Works Director, Wayne
Bennett, stated that the State had authority to regulate traffic signals on State highways and was
unsure if these particular lights had been modified. Motion by Wit, second by Murray, carried
unanimously to deny the claim.
George Solt, 3523 East Seedling Mile Road, raised a Point of Order. Mr. Solt questioned the
motion on the approval of the liquor licenses and liquor manager applications. City Attorney
Sinor stated that Councilmember Shafer had amended his original motion, which had been to
approve the Liquor License for Skagway Discount Department Stores at 620 West State Street,
to approve the Liquor Licenses for Skagway at both locations and to approve the Liquor
Manager applications for William C. Martin for both Skagway locations.
I
I
I
Page 4, Regular Meeting, November 9, 1992
License Agreement for Encroachment on Easement. Motion by Seifert, second by Shafer,
carried unanimously to approve the request of St. Francis Medical Center for a License
Agreement for Encroachment on Easement in order to construct footings for a proposed parking
facility at 2620 West Faidley Avenue.
License Agreement for Placement of Fence on Easement. Motion by Kuzma, second by
Johnson, carried unanimously to approve the request of Mr. James Roth, President of the
Pinewood Owners Association, to allow for the placement of a fence on the east edge of a 16
foot utility easement.
Appointment to Fire Pension Committee. Motion by Feaster, second by Sorensen, carried
unanimously to appoint Finance Director Chuck Haase and Dick Rabe, Assistant Vice President
of First Tier Bank, to serve four year terms on the Firefighters Pension Committee.
Preliminary Study for Highway 281 Retail Subdivision. Nelson Helm, Regional Planning
Commission Director, reported that Mr. Al Szewczyk of Civil Land Consultants, Inc., on behalf
of Jim Narber, Inc., Burlington Employees Credit Union, and the estate of Fred L. Kirschbaum,
submitted a Preliminary Study for 281 Retail Subdivision, a 27.39 acre tract of land located on
the west side of U. S. Highway 281 and Diers Avenue, extended immediately north of Wal-
Mart. Motion by Seifert, second by Shafer, carried unanimously to approve.
Purchase of Property. Jerenne Garroutte, Community Development Director, reported that the
Community Development Advisory Committee recommended that the City Council approve the
acquisition of the properties through the Community Development Block Grant Program for the
purpose of furthering affordable housing objectives. Motion by Kuzma, second by Murray,
carried unanimously to approve the purchase of property at 1421 East Fifth Street, and eight
vacant lots at 12th Street and Bea1 Street.
License Agreement for Installation of Wheelchair Ramp at 311 West Fourth Street. Motion by
Shafer, second by Sorensen, carried unanimously to approve the request of T-Shirt Engineers
to allow for the placement of a wheelchair ramp in the public right of way in order to meet
requirements of the Americans with Disabilities Act.
Representation at National League of Cities Conference. Motion by Johnson, second by Shafer,
carried unanimously to appoint City Administrator Zachary Zoul as the Representative from the
City of Grand Island at the National League of Cities Conference.
RESOLUTIONS:
#92-266 - Approving Call for Outstanding Bonds for Law Enforcement Training Center. Chuck
Haase, Finance Director, explained that the City of Grand Island owns the Nebraska Law
Enforcement Training Center and leases it to the State of Nebraska. Mr. Haase added that given
the lower interest rates, refunding the outstanding bonds would produce a savings of
approximately $123,000. Councilmember Johnson questioned if any expenses would be incurred
I
I
I
Page 5, Regular Meeting, November 9, 1992
by the City as a result of the reissuance of the bonds. Mr. Haase explained that all expenses
would be paid by the State of Nebraska. Gene McCormick, 707 South Pleasantview, stated that
the payment for the bond should be made to the City, not to the bond agent. Bill Beavers,
Managing Director for Chiles Heider Division of Shearson Lehman Brothers, Inc., explained
that these were not general obligation bonds, they were annual appropriation debt. Motion by
Murray, second by Wit, carried unanimously to approve.
#92-267 - Final Plat and Subdivision Agreement for Kamy Subdivision. Nelson Helm, Regional
Planning Commission Director, reported that Chief Industries, Inc., had submitted the final plat
for the Kamy Subdivision, located on the south side of Knight Drive and east of Buckingham
Drive, extended. Motion by Feaster, second by Seifert, carried unanimously to approve.
#92-268 - Final Plat and Subdivision Agreement for Miracle Valley Subdivision. Nelson Helm,
Regional Planning Commission Director, reported that Kenmar Unlimited, In., of Grand Island
had submitted the final plat for the Miracle Valley Subdivision, a 4.75 acre tract of land located
on the east side of Engleman Road approximately 220 feet north of Michigan Avenue. Motion
by Feaster, second by Seifert, carried unanimously to approve.
#92-269 - Transfer of Non-Departmental Funds to Departmental Accounts. Chuck Haase,
Finance Director, stated that this resolution allocated funds from the Unallocated Account to the
departmental accounts. Motion by Kuzma, second by Murray, carried unanimously to approve.
#92-270 - Policy Statement Relating to Implementation of Personnel Schedules. Joel Foster,
Administrative Services Director, reported that implementation of the personnel schedules was
designed to bring all employees to an equivalent level, crediting them for time of merit service.
Motion by Johnson, second by Neal, carried unanimously to approve.
#92-271 - Request for State Funding of Roadway Lighting on Highway 34. Motion by
Sorensen, second by Johnson, carried unanimously to approve the request for submittal of a
Highway Improvement Planning Request to the Nebraska Department of Roads.
#92-272 - Request for State Funding of Roadway Lighting on Highway 281. Motion by
Sorensen, second by Neal, carried unanimously to approve the request for submittal of a
Highway Improvement Planning Request to the Nebraska Department of Roads.
#92-273 - Installation of Sidewalk Improvements along Burlington Northern Railroad on North
Side of Tenth Street. Motion by Dietrich, second by Murray, carried unanimously to approve
the resolution which indicated the necessity for sidewalk improvements at this location.
#92-275 - Lease Agreement for Property at 804 North Lambert. Steve Paustian, Parks and
Recreation Director, reported that a lease agreement for 804 North Lambert had been prepared
by the City Attorney's office. Motion by Shafer, second by Kuzma, carried unanimously to
approve the lease agreement.
I
I
I
Page 6, Regular Meeting, November 9, 1992
#927-276 - Awardin~ Bid for Polemount Transformers. Beth Griffiths, Purchasing Agent,
reported that the Purchasing Division had received bids for the purchase of polemount
transformers to serve the Utilities Department, Line Division and that bids were received from
five bidders. Ms. Griffiths recommended that the bid be awarded to Crescent Electric, in the
amount of $39,937.99. Motion by Johnson, second by Murray, carried unanimously to award
bid to Crescent Electric.
#92-277 - Awarding Bid for Additional Services for Leo A Daly. Beth Griffiths, Purchasing
Agent, reported that additional architectural services were required relative to the legal hearings
involving the City and KKES, Inc., relating to possession of the City-owned Reitan building and
that the supplemental services fee included professional services billed at the project management
rate. Motion by Wit, second by Murray to approve. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Johnson, Feaster, Sorensen, Shafer, and Kuzma voted aye. Seifert abstained.
Motion carried.
#92-278 - Awarding Bid for Street Sweeper. Beth Griffiths, Purchasing Agent, reported that
the Purchasing Division had received bids for the purchase of a street sweeper to serve the
Public Works Department, Street Division. Ms. Griffiths explained that three bids had been
received ranging from $67,100 to $73,545 (after trade in) and that the low bid meeting
specifications was submitted by Highway Equipment Company in the amount of $68,250.
Council member Seifert questioned the bid process, stating that the bid proposal was designed
around an Elgin street sweeper. Mr. Seifert also stated that the City should go with the low bid
and that Nebraska Tractor had the low bid and was a local company. Councilmember Seifert
made a motion to reject this Resolution and to award the bid to Nebraska Tractor.
Councilmember Sorensen seconded the motion. Mike Higgins, Regional Sales Manager of Elgin
Pelican Street Company stated that the two sweeps quoted were markedly different and that the
overall cost to the City and the recommendation of the Street Superintendent should be noted.
Ralph Struss, sales representative for Nebraska Tractor, spoke in support of the local bid and
questioned the comparison report. Ms. Griffiths added that the City was required to accept the
low bid which meets specifications and that she had confirmed that most of the towns which use
the sweeper sold by Nebraska Tractor are small towns without the volume of activity that the
City of Grand Island has. Street Superintendent, Walt Vargason, stated that the Elgin sweeper
appeared to be the most cost efficient and most effective. Gene McCormick, 707 South
Pleasantview, voiced support for the purchase of the sweeper from Nebraska Tractor.
Councilmember Kuzma stated the bid process was designed to get the best prices and that the
department heads are the experts on the best products used in their department. Upon roll call
vote of the motion by Councilmember Seifert to award bid to Nebraska Tractor, Seifert and
Sorensen voted aye. Dietrich, Wit, Murray, Johnson, Neal, Feaster, Shafer, and Kuzma voted
nay. Motion failed. Motion made by Council member Johnson, second by Murray to award bid
to Highway Equipment Company for the Elgin Street Sweeper. Upon roll call vote, Dietrich,
Wit, Murray, Neal, Johnson, Feaster, Shafer, and Kuzma voted aye. Seifert and Sorensen voted
nay. Motion carried.
I
I
I
Page 7, Regular Meeting, November 9, 1992
#92-279 - Release of Sanitary Sewer Assessment for District #469. Motion by Johnson, second
by Shafer, carried unanimously to release the Sanitary Sewer Assessment for District 469 in the
principal amount of $13,348.90 plus the interest amount in order to provide a clear title so
ownership could be transferred. Motion by Johnson, second by Shafer, carried unanimously to
approve.
ORDINANCES:
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7872 - Changing Land Use Designation for Property Located West of Custer Avenue
and North of Sixth Street
#7873 - Changing Land Use Designation or Property Located North of 13th Street and
West of Diers Avenue
#7874 - To Create Sidewalk District No.1, 1992 along Burlington Northern Railroad on
North Side of Tenth Street
#7875 - To Authorize Issuance of Refunding Bonds for the Nebraska Law Enforcement
Training Center
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout 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
final passage. Councilmember Feaster seconded the motion.
After inviting questions or comments, and there being none, the Mayor called for a roll call vote
on the motion. Motion carried unanimously.
Clerk: Ordinances #7872, #7873, #7874, #7875 on their first reading. All those in favor of
passage, answer roll call. Motion carried unanimously.
Clerk: Ordinances #7872, #7873, #7874, #7875 on their final passage. All those in favor of
passage of said ordinances on their final passage, answer roll call. Motion carried unanimously.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7872, #7873, #7874, #7875 are declared to be lawfully passed and adopted upon
publication as required by law.
CLAIMS:
Motion by Murray, second by Wit, carried unanimously to approve the claims in the amount of
$1,911,207.43 as presented by the City Clerk.
I
I
I
Page 8, Regular Meeting, November 9, 1992
ADJOURNMENT: Meeting was adjourned at 8:25 p.m.
Respectfully submitted,
~ ~.~jJ-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF SPECIAL CITY COUNCIL MEETING
November 16, 1992
Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on November 16, 1992.
Notice of this meeting was given in the Grand Island Independent on November 15, 1992 and
was posted in City Hall on November 13, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 9:27 p.m., immediately
following the City Council Study Session. The following members were present: Mayor
Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal, Seifert, Sorensen, Shafer, and
Kuzma. Feaster was absent. City Officials present were: City Administrator Zachary Zoul,
City Clerk Cindy Cartwright, City Attorney Keith Sinor and Public Works Director Wayne
Bennett.
#92-281 - REITAN BUILDING SETTLEMENT. City Administrator Zachary Zoul presented
a Release and Settlement Agreement with KKES, Inc. Motion by Dietrich, second by Johnson
to approve the Settlement Agreement. Upon roll call vote, Dietrich, Wit, Murray, Johnson,
Neal, Seifert, Shafer, and Kuzma voted aye. Sorensen voted nay. Motion carried.
#92-280 - COMMUNICATIONS TOWER. Purchasing Agent, Beth Griffiths, presented
information on the proposed Communications Tower for the new City Hall. Motion by Johnson,
second by Neal to approve the purchase of the Monopole Communications Tower. Upon roll
call vote, Dietrich, Wit, Murray, Johnson, Neal, Shafer, and Kuzma voted yes. Sorensen voted
nay and Seifert abstained. Motion carried.
CIVIL SERVICE COMMISSION APPOINTMENTS. Mayor Dobesh reported that he had
appointed Paul Leeper to the Civil Service Commission effective December 12, 1992, to fill the
vacancy created by Richard Preisendorf's resignation, and had reappointed Ken Hilligas to serve
another six year term on the Commission.
PLUMBERS EXAMINING BOARD. Motion by Seifert, second by Seifert, carried unanimously
to approve appointments of Randall Stueven, Matt Preisendorf, Kevin Kirkland, Gene Rallens,
Craig Lewis, and David Scoggins to the Plumbers Examining Board.
ADJOURNMENT. Meeting was adjourned at 9:29 p.m.
Respectfully submitted,
&41rfj) K~1.i-
Cind;l Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL STUDY SESSION
November 16, 1992
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island was conducted in the Council Chambers of City Hall on Monday, November 16,
1992. Notice of the meeting was given in the Grand Island Daily Independent on November 11,
1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal,
Seifert, Sorensen, Shafer, and Kuzma. Feaster was absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith
Sinor and Public Works Director Wayne Bennett.
NEBRASKA ACCOUNTABILITY AND DISCLOSURE COMMISSION GUIDELINES.
Finance Director, Chuck Haase, presented information on the Nebraska Accountability and
Disclosure Commission guidelines. Mr. Haase stated that the commission attempted to
determine what were public funds, and what public funds could be used for. Council member
Johnson asked if the noon meal provided at the 1992 City Council Retreat was an appropriate
use of public funds. Mr. Haase stated that those expenses would be appropriate if the meal was
considered as compensation, but that in town meal expenses were generally not appropriate.
Councilmember Johnson asked Mr. Haase to prepare a listing of expenses associated with the
meal inasmuch as Councilmember Johnson wished to reimburse the City for his meal cost if the
expense was not an acceptable City fund expenditure.
WASTEWATER TREATMENT FACILITIES PLAN. Tom Heinemann, P.E., Project
Manager, and Glen Daigger, Vice President Principal in Charge, representatives from the City's
consultant, CH2M Hill, presented a final report on the Wastewater Sewer Treatment Plant. Mr.
Heineman explained that the plan was designed to meet today's requirements and to plan for the
next 20-30 years, and that the plan emphasized a phase in approach in an effort to minimize user
rates. Councilmember Johnson asked if other cities were required to make changes. Mr.
Heinemann stated that the majority of Nebraska cities, with the exception of those close to the
Missouri River, would be required to complete the same evaluations the City of Grand Island
was. Councilmember Murray inquired as to the amount of reserve incorporated into the plans.
Mr. Heinemann stated that the reserve size was set at an amount twice that which Delicious
Foods was set at.
CITY HALL PROJECT WORK SESSION. City Administrator Zachary Zoul provided an
update on the current budget status of the City Hall Project.
I
I
I
Page 2, Study Session, November 16, 1992
WATER PARK PROJECT WORK SESSION. This item was pulled from the agenda due to
time.
ADJOURNMENT. 9:24 p.m.
Respectfully submitted,
iLliaUf \&~
Cindy K. Cartwnght
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
NOVEMBER 23, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on October 26, 1992. Notice of this
meeting was given in the Grand Island Daily Independent on November 18, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following
members were present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal,
Feaster, Seifert, Shafer, and Kuzma. Sorensen was absent. The following officials were
present: City Administrator Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith
Sinor and Public Works Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by Vicar John Hood, Trinity
Lutheran Church.
APPROVAL OF MINUTES: Motion by Wit, second by Feaster, carried unanimously to
approve the minutes of the November 9, 1992 Regular City Council Meeting, the November 16,
1992 City Council Study Session and the November 16, 1992 Special City Council Meeting.
PROCLAMATIONS: City Clerk Cindy Cartwright reported that November 22-29, 1992 had
been proclaimed as National Bible Week and that December 1, 1992 had been proclaimed as
World AIDS Day. Mary Henn with the Health Department spoke briefly on World AIDS Day.
PUBLIC PARTICIPATION:
Gene McCormick, 707 South Pleasantview, spoke on the Accountability and Disclosure
Commission letter received by the City.
John Riggs, 416 West Charles, spoke in favor of the proposed traffic modification at Charles
Street and Locust Street.
REOUESTS AND REFERRALS:
Receipt of Official Documents. Motion by Murray, second by Seifert, carried unanimously to
receive and place on file the minutes of the following meetings: Regional Planning Commission,
November 4, 1992; Keno Committee, November 5, 1992; Keno Committee, November 10,
1992; Hike and Bike Trail Committee, November 10, 1992; Keno Committee, November 12,
1992; and Hike and Bike Trail Committee, November 17, 1992.
Mechanical Code Committee. Motion by Wit, second by Shafer, carried unanimously to
approve the establishment of a Mechanical Code Committee and Appointment of Members to
I
I
I
Page 2, Regular City Council Meeting, November 23, 1992
the Committee as requested by Building Inspections Director Craig Lewis.
Vacation of Public Right of Way. Building Inspections Director Craig Lewis reported that Mr.
Stephen Chitty, 2331 North Park Avenue, had submitted a request for vacation of a portion of
public right-of-way along Cottage Street to allow for the construction of a carport adjacent to
his house. Mike Hutchinson, 5101 Northwest Seventh Street, Lincoln, Nebraska, and Mr.
Chitty spoke in support of the request. Wayne Bennett, Public Works Director, requested the
Council consider other options which would allow Mr. Chitty to construct the carport. City
Attorney Keith Sinor encouraged the Council to view the problem as a clear violation of the City
Code. Councilmember Wit stated that this request should be given special consideration
inasmuch as the 80' setback was more than required by the City. Councilmember Murray spoke
in favor of modifying the City Code in lieu of vacating the right of way. Motion by Johnson,
second by Murray to table request until staff had a chance to provide further information. Upon
roll call vote, Murray, Johnson, Kuzma and Neal voted aye. Dietrich, Wit, Feaster, Seifert,
and Shafer voted nay. Motion failed. Motion by Wit, second by Feaster to approve request of
Mr. Chitty for vacation of public right of way. Upon roll call vote, Dietrich, Wit, Feaster,
Seifert, Shafer, Murray and Kuzma voted aye. Johnson and Neal voted nay. Motion carried.
RESOLUTIONS:
#92-274 - Parking Zones at Comer of Fourth Street and Walnut Street. Wayne Bennett, Public
Works Director, reported that Mr. Rodney Green, owner of East Meets West Antiques, located
at 383-B North Walnut Street, had submitted a request with the City Clerk's Office requesting
two 20-minute parking zones at the southeast comer of Fourth Street and Walnut Street. Don
Walters, 225 West Fourth Street, spoke in opposition to the request stating that one 20-minute
parking space would be sufficient. Motion by Johnson, second by Wit, to table this request until
staff had opportunity to contact all involved. Upon roll call vote, Dietrich, Wit, Johnson, Neal,
Feaster, Seifert, Shafer, and Kuzma voted aye. Murray abstained. Motion to table this request
carried .
#92-282 - Library Automation System. Library Director Steve Fosselman presented information
on the Library Automation System Contract and reported that the City's share of the Project was
50% and that 25% was funded by the Nebraska Library Commission and 25% from the Peter
Kiewit Foundation. Motion by Seifert, second by Kuzma, carried unanimously to approve.
#92-283 - Library Database Preparation Service. Library Director Steve Fosselman presented
information on the proposed Database Preparation Service Contract. Motion by Seifert, second
by Kuzma, carried unanimously to approve.
#92-284 - Contract Change Orders for Water Park Proiect. Steve Paustian, Parks and
Recreation Director, reported that two contract Change Orders which incorporate both State
Health Department regulations and necessary revisions to the facility design, had been
developed. Council member Feaster questioned the source for funding for the Change Orders.
I
I
I
Page 3, Regular City Council Meeting, November 23, 1992
City Administrator Zachary Zoul reported that the Change Orders had been provided for in the
1992-1993 budget. Gene McCormick, 707 South Pleasantview, questioned the cost of the Water
Park Project as compared with information provided in the Grand Island Independent. City
Administrator Zoul stated it appeared confusion resulted when people began thinking of the
general contract award as the total budget for the project when in fact the general contract
amount was but only one line item of the entire project budget. Mr. Zoul reiterated that the
total budget for the Water Park project was $2,210,947. Motion by Seifert, second by Neal to
approve contract Change Orders. Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal,
Seifert, Shafer, and Kuzma voted aye. Feaster voted nay. Motion carried.
#92-285 - Contract Change Order for City Hall Project. City Administrator Zachary Zoul
presented information on Change Order #4 for the City Hall Project and stated that the net cost
of the Change Order was $15,791 and would result in a revised general construction contract
amount of $4,042,486. Motion by Seifert, second by Neal to approve. Upon roll call vote,
Dietrich, Wit, Murray, Johnson, Neal, Seifert, Shafer, and Kuzma voted aye. Feaster voted
nay. Motion carried.
#92-286 - Custom Centron Telephone Service Contract. Motion by Kuzma, second by Shafer,
carried unanimously to approve the contract for Custom Centron Telephone Service.
#92-287 - Watermain District 396T. Gary Mader, Utilities Director, reported that Omni
Construction Company, Inc., had completed the construction work associated with Watermain
District 396T, which consisted of a 16 inch watermain along Stolley Park Road, from North
Road to Freedom Drive. Motion by Shafer, second by Seifert, carried unanimously to accept
the Certificate of Final Completion and set the date for Board of Equalization for January 11,
1993.
#92-288 - Watermain District 397. Gary Mader, Utilities Director, reported that Omni
Construction Company, Inc., had completed the construction work associated with Watermain
District 397, which consisted of a 6 inch watermain along Freedom Drive and Liberty Lane.
Motion by Shafer, second by Seifert, carried unanimously to accept the Certificate of Final
Completion and set the date for Board of Equalization for January 11, 1993.
#92-289 - Watermain District 407T. Gary Mader, Utilities Director, reported that Diamond
Engineering Company had completed the construction work associated with Watermain District
407T, which consisted of an eight inch watermain along Stauss Road, from North Road to a
point 1,284 feet west. Motion by Shafer, second by Seifert, carried unanimously to accept the
Certificate of Final Completion and set the date for Board of Equalization for January 11, 1993.
#92-290 - 92-PCC-2 Electric Distribution System Improvements. Administrative Services
Director, Joel Foster, reported that the Purchasing Division had received six bids for
improvements to the Electrical Distribution System to serve the Utilities Department and that
I
I
I
Page 4, Regular City Council Meeting, November 23, 1992
the low bid, in the amount of $429,519.42, had been submitted by Kay ton Electric, Inc. Motion
by Dietrich, second by Murray, carried unanimously to award bid to Kay ton Electric.
#92-291 - 1000 KV A Padmount Transformer. Administrative Services Director Joel Foster
reported that the Purchasing Division had received bids for the purchase of one 1000 KV A
Padmount Transformer to serve the Utilities Department and that bids were received from four
suppliers. Mr. Foster added that the low bid had been submitted by Crescent Electric in the
amount of $14,776.40. Motion by Dietrich, second by Murray, carried unanimously to award
the bid to Crescent Electric.
#92-292 - Interior Furnishings - City Hall Project. Administrative Services Director Joel Foster
stated that the Purchasing Division had received bids for the purchase of interior furnishings for
the City Hall Project and that the total of the low bids was $367,866.14. Motion by Kuzma,
second by Neal to award bids to: All Makes Equipment Company of Omaha, Business Interior
and Design of Omaha, and Eakes Office Products of Grand Island. Upon roll call vote,
Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson abstained.
Motion carried.
#92-293 - Carpet - City Hall Proiect. Administrative Services Director Joel Foster reported that
the Purchasing Division had received three bids for the purchase of carpet for the City Hall
Project. Mr. Foster added that the base bids ranged from $58,265 to $68,265 and that with the
inclusion of Alternate 3, which provided for the purchase and installation of the originally
specified lump sum base material bid plus allowed the City to take advantage of the installation
of Networx modular carpet tile in four offices where trench ducts were located, there was an
additional cost of $298 which resulted in a low bid of $58,714 by Floors, Inc., of Lincoln.
Motion by Kuzma, second by Neal to award bid to Floors, Inc. Upon roll call vote, Dietrich,
Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye. Johnson abstained. Motion
carried .
#92-297 - Bucket Truck. Administrative Services Director Joel Foster reported that the
Purchasing Division had received bids for the purchase of a bucket truck to serve the Utilities
Department and that the low truck bid had been submitted by Nebraska Truck Center and the
low bid for the aerial device, body, and winch had been submitted by Teague Equipment
Company for a total low bid package in the amount of $49,500. Motion by Kuzma, second by
Neal to award the low bid to Nebraska Truck Center and Teague Equipment Company. Upon
roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and Kuzma voted aye.
Johnson abstained. Motion carried.
#92-294 - Grant Application for Housing Improvements. Community Development Director,
Jerenne Garroutte, presented information on the preparation of a grant application through the
1992 Community Development Block Grant "Home" Program. Councilmember Johnson asked
if the $150,000 for investor-owned rehabilitation was established exclusively for the downtown
area. Mrs. Garroutte stated that the money was requested for the entire project area which is
I
I
I
Page 5, Regular City Council Meeting, November 23, 1992
12th Street down to Koenig Street. Council member Johnson stated that it appeared there were
more funds for the investor-owned rehabilitation than for the owner occupied rehabilitation and
stated his hope that the funds would be allocated equally. Motion by Seifert, second by Kuzma
to approve. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert, Shafer, and
Page 5, Regular City Council Meeting, November 23, 1992
Kuzma voted aye. Johnson abstained. Motion carried.
#92-295 - Traffic Control Modification at Charles Street and Locust Street. Wayne Bennett,
Public Works Director, explained that the "No Left Turn" sign for north-bound traffic at the
intersection of Locust Street and Charles Street, had been erected in 1984 to alleviate a cruising
problem. Mr. Bennett added that the cruising problem had been alleviated and that residents had
expressed a desire for removal of the sign. Motion by Shafer, second by Murray to approve
traffic modification at Charles Street and Locust Street. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Johnson, Seifert, Shafer, and Kuzma voted aye. Feaster was absent at the time
of vote. Motion carried.
#92-296 - Certificate of Final Completion for Sanitary Sewer Project 92-S-7. Wayne Bennett,
Public Works Director, explained that Omni Construction Company had completed the work
provided for in the contract for Sanitary Sewer Repair Project 92-S-7, between First Street and
Second Street, Cedar Street to Walnut Street. Motion by Shafer, second by Murray to approve.
Upon roll call vote, Dietrich, Wit, Murray, Johnson, Neal, Shafer, and Kuzma voted aye.
Feaster was absent at the time of the vote. Motion carried.
#92-298 - Design Revision for City Hall Project. City Administrator Zachary Zoul explained
that the proposed design revision had been reviewed at the November 16, 1992 Study Session
Meeting and that the revision related to the second floor, northeast comer of the building. Mr.
Zoul introduced Dave Richardson, Leo A Daly, who answered questions relative to the design
revision. Motion by Seifert, second by Wit, to approve the design modificatons at a not to
exceed cost of $6,000. Upon roll call vote, Dietrich, Wit, Murray, Neal, Feaster, Seifert,
Shafer, and Kuzma voted aye. Johnson voted nay. Motion carried.
ORDINANCES:
Councilmember Johnson moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinances numbered:
#7876 - Amending Chapter 35, Section 14 of City Code Pertaining to Public Fire
Hydrants
#7877 - Amending Chapter 22, Section 82 Pertaining to Loading Zones
be considered for passage on the same day upon reading by number only, and then placed on
I
I
I
Page 6, Regular City Council Meeting, November 23, 1992
final passage, and that the City Clerk be permitted to callout 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
final passage. Councilmember Wit seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Upon roll call vote, all voted aye.
Clerk: Ordinances #7876 and #7877 on their first reading. All those in favor of passage,
answer roll call. Upon roll call vote, all voted aye.
Clerk: Ordinances #7876 and #7877 on their final reading. All those in favor of passage of said
ordinances on their final passage, answer roll call. Upon roll call vote, all voted aye.
Mayor: By reason of the roll call votes on the first and final passage of said ordinances,
Ordinances #7876 and #7877 are declared to be lawfully passed and adopted upon publication
as required by law.
STATEMENT OF APPRECIATION. Council member Murray voiced appreciation to outgoing
Council members Neal, Kuzma, Dietrich and Feaster for their dedication to the City Council.
CLAIMS:
Councilmember Feaster questioned Claim #4255 and asked that payment of this claim be
postponed. Chuck Haase, Finance Director, explained that Claim #4255 was a payment to the
Downtown Development for rent of the Downtown property which has become the site for the
new City Hall. Mr. Haase added that the expenditure for the rent had inadvertently been
omitted from the 1992-1993 annual budget. City Administrator Zachary Zoul stated that the
payment in question was for the building which had been purchased with Downtown funds. Mr.
Zoul added that the City had been paying rent for this building for several years and that the
Council had reviewed this line item in great detail at the June 1, 1992 City Council meeting.
Mr. Zoul stated that the Council had approved payment to the Downtown Development
Department for their equity interest in the building and that payments would begin with the
1993-1994 budget and that therefore, the $9,600 rent would continue for 1992. Motion by
Seifert, second by Feaster to table payment on Claim #4255. Upon roll call vote, Shafer,
Feaster, Seifert, and Dietrich voted aye. Wit, Murray, Johnson, Neal, and Kuzma voted nay.
Motion failed. Discussion followed relative to which account the $9,600 would be paid from.
City Administrator Zoul stated that the funds would be paid out of the General Fund Unallocated
Division, Contigency Account. City Attorney Sinor stated that if it were necessary to transfer
funds in order to pay this claim, eight votes of the Council would be required to pass the
motion, but that because the funds were to be paid out of the Unallocated Division, only six
votes would be needed to approve. Motion by Kuzma, second by Neal to approve claims in the
I
I
I
Page 7, Regular City Council Meeting, November 23, 1992
amount of $1,351,389.03 as presented by the City Clerk. Upon roll call vote, Dietrich, Wit,
Murray, Neal, Johnson, Shafer, and Kuzma voted aye. Feaster and Seifert voted nay. Motion
to approve all claims passed.
WORK SESSION ON WATER PARK PROJECT. City Administrator Zachary Zoul provided
an update on the current budget status of the Water Park Project.
ADJOURNMENT: Meeting was adjourned at 8:54 p.m.
Respectfully submitted,
A 1
{!.(/ Litel ~~ Cl/ ~j-L{,~ tJ 9/0+-
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
DECEMBER 14, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on December 14, 1992. Notice of
this meeting was given in the Grand Island Daily Independent on December 9, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:00 p.m. The following were
present: Mayor Dobesh, Councilmembers Dietrich, Wit, Murray, Johnson, Neal, Feaster,
Seifert, Sorensen, Shafer, and Kuzma. The following officials were present: City Administrator
Zachary Zoul, City Clerk Cindy Cartwright, City Attorney Keith Sinor, and Public Works
Director Wayne Bennett.
Pledge of Allegiance was said followed by Invocation given by Pastor John Reehl.
APPROVAL OF MINUTES. Motion by Sorensen, second by Wit, to approve the minutes of
the November 23, 1992 Regular City Council Meeting. Upon roll call, Dietrich, Wit, Murray,
Johnson, Neal, Seifert, Sorensen, Shafer, and Kuzma voted aye. Feaster abstained.
CITY COUNCIL REORGANIZATION
Election Certificate. Motion by Sorensen, second by Shafer, carried unanimously to accept the
Election Certificate for the November 3, 1992 General Election, from the Hall County Election
Commissioner's Office.
Presentation to Outgoing City Councilmembers. City Administrator Zachary Zoul thanked
Council members William Dietrich, Bud Feaster, Joni Kuzma and Alice Neal for their dedication
and service to the City of Grand Island. Mayor Dobesh presented plaques to the four outgoing
Councilmembers.
Recess. A five minute recess was called at 7:06 p.m. Meeting resumed at 7: 11 p.m.
Administration of Oath to Newly Elected Councilmembers. City Clerk Cindy Cartwright
administered the Oath of Office to the newly elected Councilmembers, David Hosier, Todd
Kehm, Steve Johnson, Richard Preisendorf, and George Solt.
PUBLIC HEARING
Application for Liquor License. Public hearing was held on the request of JG & J, Inc., d/b/a
"Chubby's", 2302 North Webb Road, for Class "c" Liquor License. City Attorney Keith Sinor
introduced the following exhibits: Application for the Liquor License filed with the Liquor
I
I
I
Page 2, Regular City Council Meeting, December 14, 1992
Control Commission and received by the City Clerk on November 18, 1992; Notice to applicant
of date, time, and place of hearing mailed on November 20, 1992; Notice to general public of
date, time, and place of hearing published on December 2, 1992; Chapter 4, City Code -
Alcoholic Beverages; and Departmental reports as required by City Code. Junior Keeshan, 1708
Lariat Lane, was present on behalf of the application. Steve Anderson, representing Skate
Island, 2310 North Webb Road, spoke in opposition to the issuance of a liquor license for JG
& J stating that the location was inappropriate for such establishment.
PUBLIC PARTICIPATION:
Gene McCormick, 707 South Pleasantview, spoke in favor of removing the City Attorney, City
Clerk, and City Finance Director from the immediate supervision of the City Administrator.
DISCUSSION AND INFORMATION ITEMS:
Fraternal Order of Police. Administrative Services Director, Joel Foster, reported that the
negotiations with the Fraternal Order of Police Union had reached an impasse and that the City's
last offer had been on the bargaining table since June. Mr. Foster added that he believed that
the Union had violated current labor agreement by approaching the City Council on this matter,
and asked that the Council not make a determination on this matter. City Attorney Keith Sinor
stated that the unanimous feeling of the City's bargaining team was that this attempt by the
Union to seek something from the City Council that the City's bargaining team did not agree
with should not be permitted. Mr. Sinor added that the course of action decided on relative to
this issue would become the standard for future union negotiations and stated that if the Council
wished to become involved in union negotiations, they might wish to do so with the next year's
union negotiations. Mr. Sinor explained that all union negotiation meetings were open to the
public. Council member Solt spoke against the Council setting a precedent by becoming involved
in the negotiations. John Gericke, president of the Fraternal Order of Police, stated that the
Union was not present to negotiate with the Council, but rather to ask that a Council committee
be appointed to review the negotiations. City Attorney Sinor reminded the Council that no
matter what happened at the bargaining table, the final decision always rested with the Council.
City Administrator Zachary Zoul and Police Chief Watson spoke in favor of the City's current
offer and against the requests of the Union. Gene McCormick, 707 South Pleasantview,
objected to City Administrator's participation in the discussion. Council member Johnson
requested that the past policies relative to seniority be discussed at a future Study Session.
Council member Seifert made a motion to have the Mayor appoint a committee to review the
negotiations and report back to the Council within thirty days. Second by Sorensen.
Council member Johnson made a motion, which was later withdrawn, to discuss the negotiations
in Executive Session. Roll call vote was held on the motion to direct the Mayor to appoint a
committee to review the negotiations. Preisendorf, Wit, Hosier, Kehm, Seifert, Sorensen, and
Shafer voted aye. Johnson and Murray voted nay. Solt abstained. Motion carried.
REOUEST AND REFERRALS
I
I
I
Page 3, Regular City Council Meeting, December 14, 1992
Election of City Council President. City Clerk Cindy Cartwright reported that the City Code
dictated that a City Council President be elected each December for a one year term.
Council member Sorensen nominated Council member Seifert for City Council President.
Council member Murray nominated Councilmember Johnson. The results of the secret ballot
vote was seven votes for Councilmember Seifert and three votes for Council member Johnson.
Council member Seifert was elected as City Council President. Motion by Shafer, second by
Sorensen,carried unanimously to make the vote a unanimous one for Larry Seifert as City
Council President.
Receipt of Official Documents. Motion by Sorensen, second by Seifert, carried unanimously
to receive and place on file the minutes of the following meetings: Library Board, November
2, 1992; Civil Service Commission, November 9, 1992; Downtown Improvement Board,
November 24, 1992; Cable Television Advisory Board, December 1, 1992; Hike and Bike Trail
Committee, December 1, 1992; Regional Planning Commission, December 2, 1992. Gene
McCormick, 707 South Pleasantview, objected to the receipt of the Hike and Bike Trail
Committee Meeting of December 1, 1992, stating that public input was not allowed at that
meeting and that the recommendation of the Committee reflected the vote of an individual who
was not a member of the Committee. City Attorney Sinor reported that public participation was
not required at all meetings. City Administrator Zoul stated that the action required was simply
receipt of the documents, not approval of the actions which transpired at the meeting.
Committee Appointments. Motion by Shafer, second by Sorensen, carried unanimously to
approve the appointments to the Community Development Advisory Board,
Communications/Civil Defense Committee, Downtown Improvement Board, Industrial
Foundation Liaison, Keno Committee, League of Municipalities Legislative Committee, Regional
Planning Commission Liaisons, South Locust/I-80 Interchange Steering Committee, Warm
Slough-Moores Creek Committee, and Electrical Board, as submitted by the Mayor.
Councilmember Johnson expressed appreciation to Councilmember Murray for his past tenure
as a member of the League of Municipalities Legislative Committee.
Dissolution of Committees. Motion by Sorensen, second by Seifert, carried unanimously to
approve the dissolution of the Central Nebraska Ethnic Festival Committee, Composting
Committee, Latin Club Committee, Property Maintenance Task Force, RDX Committee, School
Liaisons, Water Rights Committee, Zoo Committee, Council Cable Committee and Hike and
Bike Trail Committee.
Liquor License. Motion by Sorensen, second by Solt to reject the Liquor License Application
for JG & J, Inc., d/b/a Chubby's, 2302 North Webb Road. Councilmember Johnson asked if
a friendly amendment could be added to the motion to incorporate the reasons for the denial.
Council member Johnson cited citizens' protests, existing distance and times established between
liquor licenses as reasons for the denial of the liquor license. Councilmember Sorensen accepted
the amendment. Upon roll call vote, motion to deny liquor license carried unanimously. City
Attorney Sinor recommended a closed session be held to discuss the potential litigation liability
when liquor license applications are rejected.
I
I
I
Page 4, Regular City Council Meeting, December 14, 1992
Liquor Manager Application. Motion by Sorensen, second by Solt, carried unanimously to
reject the Liquor Manager application for Mary Ann Keeshan for Chubby's, 2302 North Webb
Road.
Liquor Manager Application. Motion by Wit, second by Sorensen, carried unanimously to
approve the request for Liquor Manager for Jesse Glenn Watts for the Elks Lodge, 631 South
Locust Street.
Children's Fishing Tournament. Motion by Johnson, second by Shafer, carried unanimously to
approve the City's sponsorship of a Children's Fishing Tournament to be held at L. E. Ray
Park, in June, 1993.
Revised 1992 City Council Meeting Schedule. Motion by Wit, second by Shafer, to approve
the revised 1992 City Council Meeting Schedule. Upon roll call vote, Wit, Murray, Johnson,
Hosier, Seifert, Sorensen, Shafer, and Solt voted aye. Kehm and Preisendorf voted nay.
Motion carried.
RESOLUTIONS
#92-274 - Parking Zones at Comer of Fourth Street and Walnut Street. Public Works Director
Wayne Bennett explained that an agreement had been reached with the area businesses relative
to the parking zones and that a Resolution calling for one parking zone was presented for
approval. Motion by Johnson, second by Preisendorf to approve Resolution #92-274. Upon roll
call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted
aye. Murray abstained. Motion carried.
#92-299 - Call for Outstanding Bonds for Sanitary Improvement District #1. Finance Director
Chuck Haase explained that this was a request that the General Obligation Bond Issue for
Sanitary Improvement District No. 1 of Hall County, Nebraska, be called for payment on
January 29, 1993. Motion by Shafer, second by Solt, to approve. Upon roll call vote,
Preisendorf, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye.
Wit was absent at the time of vote. Motion carried.
#92-300 - 281 Retail Subdivision. Nelson Helm, Regional Planning Director, reported that Wal-
Mart Stores, Inc., and Jim Narber, Inc., had submitted the final plat for the 281 Retail
Subdivision, a 27.39 acre tract of land located on the west side of U. S. Highway 281 an Diers
Avenue, extended immediately north and west of Wal-Mart. Motion by Johnson, second by
Hosier, carried unanimously to approve the final plat and subdivision agreement.
#92-301 - Conestoga North Eighth Subdivision. Nelson Helm, Regional Planning Director,
reported that the final plat for the Conestoga North Eighth Subdivision, a 8.5 acre tract of land
located immediately north of the Conestoga Mall had been submitted. Motion by Johnson,
second by Hosier, carried unanimously to approve the final plat and subdivision agreement.
I
I
I
Page 5, Regular City Council Meeting, December 14, 1992
#92-302 - Traffic Modification at Custer Avenue and Thirteenth Street. Public Works Director
Wayne Bennett reported that this matter related to a request for Federal funding for a proposed
traffic signal at the intersection of 13th Street and Custer Avenue. Councilmember Hosier
questioned if a turning signal would be installed. Mr. Bennett reported that a study would need
to be completed to determine if a left turning signal would be warranted. Motion by Sorensen,
second by Seifert, carried unanimously to approve.
#92-304 - Street Improvement District No. 1183. Public Works Director Wayne Bennett stated
that the Council had acted on October 26, 1992, to create Street Improvement District #1183 for
the purpose of street pavement construction with curb and gutter, and that the protest period
ended November 26, 1992, with no protests received. Motion by Solt, second by Shafer,
carried unanimously to approve.
#92-305 - Street Improvement District No. 1184. Public Works Director Wayne Bennett
reported that the Council had acted on October 26, 1992, to create Street Improvement District
#1184 on Hall Street from Eugene Street to Pleasant View Drive for the purpose of pavement
construction with curb and gutter, and that the protest period ended November 26, 1992, with
protests representing 20.7% of the front footage of the district received. Motion by Solt, second
by Shafer, carried unanimously to approve.
#92-306 - Appraisal of Potential Community Development Property. Community Development
Director Jerenne Garroutte reported that as part of the 1992 Community Reinvestment Grant
Program, the Community Development Department was slated to purchase one commercial
property and that it was necessary to have the property appraised by a licensed property
appraiser. Motion by Shafer, second by Seifert, to approve. Upon roll call vote, Preisendorf,
Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson voted nay.
Motion carried.
#92-307 - Map Revision for Prairie Creek-Silver Creek and Moore's Creek Project Area.
Nelson Helm, Regional Planning Director, reported that the recent completion of the Prairie
Creek-Silver Creek and Moore's Creek Flood Control Projects provided improved drainage
control and flood protection for an area in the northwestern part of the City and that this
resolution requested that the Federal Emergency Management Agency consider the issuance of
a Letter of Map Revision for a part of the Project boundaries. Motion by Sorensen, second by
Shafer, carried unanimously to approve.
#92-308 - Water Main District 409T. North Road - Hampton Road to Castle Estates. Utilities
Director Gary Mader reported that the Utilities Department had received bids for Water Main
Project 409T, along North Road on the Southwest side of the City, and that three bids had been
received, ranging from $70,602.60 to $90,000. Mr. Mader added that the low bid had been
submitted by Diamond Engineer. Motion by Seifert, second by Wit to award bid to Diamond
Engineering. Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen,
Shafer, and Solt voted aye. Johnson voted nay.
I
I
I
Page 6, Regular City Council Meeting, December 14, 1992
#92-309 - Water Main District 410, Castle Estates. Utilities Director Gary Mader reported that
the Utilities Department had received bids for Water Main District 410 in the Castle Estates
Subdivision on the southwest side of the City, and that three bids were received ranging from
$93,100 to $125,700. Mr. Mader added that the low bid was submitted by Omni Construction
Company. Attorney Bill Francis, representing Diamond Engineering, spoke against the
awarding of the bid to Omni Construction, inasmuch as Omni had not provided a Fair Labor
Statement with their bid as requested in the advertisement to bidders. Beth Griffiths, Purchasing
Agent, stated that it was not uncommon for bidders to miss this requirement. City Attorney
Sinor stated that the City had not historically made this a reason to reject the bid. Mr. Sinor
added that he had notified Omni that a complaint had been filed but had not received a response.
Motion by Seifert, second by Wit, to award bid to second low bidder, Diamond Engineering.
Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and
Solt voted aye. Johnson abstained. Motion carried.
#92-310 - Miscellaneous Electrical Items. Beth Griffiths, Purchasing Agent, reported that the
Purchasing Division had received bids for the purchase of miscellaneous electrical items to serve
the Utilities Department, Line and Underground Division, and that all line items, with the
exception of the Okonite Cable, were less than $10,000 and therefore did not require City
Council action for placement of purchase orders. Ms. Griffiths added that the low bid for the
cable was submitted by Westinghouse Electric in the amount of $10,144.20. Motion by
Sorensen, second by Shafer to approve. Upon roll call vote, Preisendorf, Wit, Murray, Hosier,
Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson voted nay. Motion carried.
#92-311 - Police Fleet Vehicles. Beth Griffiths, Purchasing Agent, reported that the Purchasing
Division had received bids for the purchase of police fleet vehicles to serve the Police
Department and that six bids had been received ranging from $106,138 to $150,936, after trade-
in. Don Bauer, representing Anderson Ford, asked the Council to consider trade in value as
well as purchase value of the vehicles. Council member Sorensen questioned the specifications
for the vehicles. Council member Solt stated that the City Council had no choice but to either
reject all bids or to accept the low bid and that there did not appear to be a tangible reason to
reject all bids. Motion by Solt, second by Shafer, carried unanimously to award bid to the low
bidder, Park Place. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm,
Seifert, Shafer, and SoU voted aye. Sorensen voted nay. Motion carried.
#92-316 - Asbestos Removal in Reitan Building. Motion by Sorensen, second by Shafer, to
award bid for asbestos removal in the Reitan Building to Enviro Clean Contractors in the amount
not to exceed $5,000. Councilmember Johnson voiced disapproval of the award of a bid for an
unspecified amount and asked Ms. Griffiths to provide documentation on this when received.
Upon roll call vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Shafer, Sorensen, and
SoU voted aye. Johnson voted nay. Motion carried.
#92-318 - Videotaping of City Council Meetings. City Clerk Cindy Cartwright reported that the
City Clerk's Office had received bids for the videotaping of City Council and Study Session
meetings and added that two bids on a per minute/minimum fee basis ranging from .30C/$75 to
I
I
I
Page 7, Regular City Council Meeting, December 14, 1992
.50C/$30 respectfully had been received. Ms. Cartwright added that the low bid was submitted
by Wit Enterprises. Gene McCormick, 707 South Pleasantview, stated that Special City Council
Meetings should be videotaped. Motion by Sorensen, second by Shafer to award the bid to Wit
Enterprises. Upon roll call vote, Preisendorf, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer,
and Solt voted aye. Johnson voted nay. Wit abstained. Motion carried.
#92-312 - Amending Classification and Compensation Plan. Administrative Services Director
Joel Foster reported that an addendum to the Classification and Compensation plan relative to
the Fire Lieutenant and Wastewater Plant Filter Operator positions was requested. Motion by
Murray, second by Solt to approve the addendum. Upon roll call vote, Preisendorf, Wit,
Murray, Johnson, Hosier, and Solt voted aye. Kehm, Seifert, Sorensen, and Shafer voted nay.
Motion carried.
#92-314 - Accrual of Vacation. Administrative Services Director Joel Foster reported that
concern over the current vacation carryover policy provisions of the Personnel rules had been
expressed by both support and management personnel and that the recommendation by the
Administrative Services Director was to increase the number of vacation carryover days form
five to ten. Motion by Murray, second by Solt to approve. Upon roll call vote, Preisendorf,
Wit, Murray, Johnson, Hosier, and Solt voted aye. Kehm, Seifert, Sorensen, and Shafer voted
nay. Motion carried.
#92-315 - Contract Change Order for City Hall Project. Beth Griffiths, Purchasing Agent,
presented information relative to the contract Change Order for the new City Hall. Ms. Griffiths
stated that these changes were required for receipt of the Federal Grant funds associated with
the Emergency Operating Center/Survivable Crisis Management Center. Motion by Shafer,
second by Wit to approve. Upon roll call vote, Wit, Murray, Johnson, Hosier, and Shafer voted
aye. Kehm, Seifert, Sorensen, and Solt voted nay. Preisendorf abstained. Motion failed.
Mayor Dobesh opted not to vote on this motion. Ms. Griffiths asked the Council for direction
to follow relative to the Change Order. Motion by Seifert, second by Kehm to place this item
on a future Study Session. Upon roll call vote, Wit, Murray, Johnson, Hosier, Kehm, Seifert,
Sorensen, Shafer, and Solt voted aye. Preisendorf abstained. Motion carried.
#92-317 - Notification Relative to Cable Television Rates. City Administrator Zachary Zoul
reported that Resolution #92-317 provided for formal notification to TCl Cablevision of the
City's intentions to pursue a rate rollback after August 3, 1993. Jim Sander, 218 North
Harrison, requested that the Cable Television Advisory Board be provided with a photocopy of
the letter. Motion by Seifert, second by Preisendorf, carried unanimously to send the letter to
the Federal Communications Commission and to TCl Cablevision.
#92-319 - Filing of Certificate with Federal Communications Commission Relative to Cable
Television Rate Regulation. City Administrator Zoul explained that Resolution #92-319
authorized the City to file a certificate with the Federal Communications Commission relative
to cable television rate regulations. Motion by Shafer, second by Solt, carried unanimously to
approve.
I
I
I
Page 8, Regular City Council Meeting, December 14, 1992
ORDINANCES:
#7878 - Approving Vacation of Public Right of Way at 2331 North Park. Discussion was held
on the request of Stephen Chitty, 2331 North Park for Vacation of Public Right of Way. City
Attorney Sinor urged the Council to either enforce the existing Ordinances, or to change the
Ordinances. Craig Lewis, Building Inspections Director, presented information on the option
of modifying a Zoning Ordinance which would allow for the placement of a carport at this
location. Public Works Director Wayne Bennett stated that a Conditional Use Permit could be
issued once the Zoning Ordinance was modified. Stephen Chitty, 2331 North Park, asked if the
Conditional Use Permit was transferrable to a future owner if the property were sold. Nelson
Helm, Regional Planning Director, stated that the permit would go with the land. Motion by
Murray, second by Johnson, carried unanimously to table Ordinance #7878 relative to Vacation
of Right of Way and to direct staff to prepare an amendment to the Zoning Ordinance.
Council member Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that the ordinance numbered:
#7879 - Amending Personnel Salaries in Accordance with Compensation Plan
be considered for passage on the same day upon reading by number only, and then placed on
final passage, and that the City Clerk be permitted to callout the number of the Ordinance on
its first reading, and then upon final passage, and call for a roll call vote on each reading and
final passage. Council member Seifert seconded the motion.
After inviting questions or comments and there being none, the Mayor called for a roll call vote
on the motion. Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert,
Shafer, and Solt voted aye. Sorensen voted nay. Motion carried.
Clerk: Ordinance #7879 on its first reading. All those in favor of passage, answer roll call.
Upon roll call vote, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Sorensen, Shafer, and
Solt voted aye. Sorensen voted nay. Motion carried.
Clerk: Ordinance #7879 on its final passage. All those in favor of passage of said ordinance
on its final passage, answer roll call. Upon roll call vote, Preisendorf, Wit, Murray, Johnson,
Hosier, Kehm, Sorensen, Shafer, and Solt voted aye. Sorensen voted nay. Motion carried.
Mayor: By reason of the roll call votes on the first and final passage of said ordinance,
Ordinance #7879 is declared to be lawfully passed and adopted upon publication as required by
law.
CLAIMS:
Council member Preisendorf abstained from voting on Claim #04361, 04492, and 04504 and
/~
I
I
I
Page 9, Regular City Council Meeting, December 14, 1992
Council member Kehm abstained from voting on Claim #4380. Motion by Johnson, second by
Shafer, carried unanimously to approve the claims in the amount of $3,204.727.17 as presented
by the City Clerk.
ADJOURNMENT: Meeting was adjourned at 9:50 p.m.
Respectfully submitted,
" /' , ) ,"
If . ' ') / .
II / ,1 "':j . ". _ :,-- - ,/ /-- f I
lJ'lcLLj +<\ . Clv L~ 10 ,~' .
Cindy K. Cartwright
City Clerk
I
I
I
CITY OF GRAND ISLAND, NEBRASKA
OFFICIAL PROCEEDINGS
MINUTES OF CITY COUNCIL MEETING
DECEMBER 21, 1992
Pursuant to due call and notice thereof, a meeting of the City Council of the City of Grand
Island was conducted in the Council Chambers of City Hall on December 21, 1992. Notice of
this meeting was given in the Grand Island Independent on December 18, 1992.
A quorum present, Mayor Dobesh called the meeting to order at 7:04 p.m. The following were
present: Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt.
The following officials were present: City Administrator Zachary Zoul, City Clerk Cindy
Cartwright, City Attorney Keith Sinor, and Public Works Director Wayne Bennett.
Pled~e of Alle~iance was said followed by Invocation given by City Clerk Cindy Cartwright.
APPROV AL OF MINUTES: Motion by Sorensen, second by Kehm, carried unanimously to
approve the minutes ofthe December 14, 1992 Regular City Council Meeting, with the inclusion
of Councilmember Johnson's request that past seniority practices for City,employees be referred
to a future Study Session.
DISCUSSION AND INFORMATION ITEMS:
Preparation and Distribution of A~enda Packets. Mayor Dobesh postponed discussion on this
item u'ntil the January 4, 1993 City Council Study Session.
Presentation on the Property Maintenance Task Force Report. City Administrator Zachary Zoul
stated that this presentation would be made at the January 4, 1993 City Council Study Session
and noted that a Public Hearing would be held in January relative to this issue.
REOUESTS AND REFERRALS.
Receipt of Official Documents. Motion by Preisendorf, second by Wit, carried unanimously to
receive and place on file the minutes of the following meetings: Property Maintenance Task
Force, December 9, 1992; Keno Committee Meeting, December 15, 1992; Police Labor
Contract Committee, December 16, 1992. Council member Murray questioned the inclusion of
- the minutes from the Executive Session by the Police Labor Contract Committee. City Attorney
Keith Sinor stated that minutes of Executive Sessions were not usually made available.
Approval of Appointments. Motion by Seifert, second by Sorensen, carried unanimously to
approve the appointments to the Keno Committee, Police Labor Contract Committee, and
Downtown Improvement Board.
I
I
I
Page 2, Regular City Council Meeting, December 21, 1992
RESOLUTIONS:
#92-315 - Contract Change Order for City Hall Project. Purchasing Agent, Beth Griffiths,
reported that this Change Order included all pending items that have been resolved to date.
Motion by Seifert, second by Shafer to approve Change Order #5 for the City Hall Project.
Upon roll call, Preisendorf, Wit, Murray, Johnson, Hosier, Kehm, Seifert, Shafer, and SoU
voted aye. Sorensen voted nay. Motion carried.
#92- 303 - Approval of Hike and Bike Trail Concept. Council member Wit, who served as
Chairman of the Hike and Bike Trail Committee, stated that the Committee had voted
unanimously to accept the 80 % grant funds for the development of the hike and bike trail in the
event the funds were awarded and moved to approve Resolution #92-303 which stated approval
of the hike and bike trail concept. Council member Murray seconded the motion and stated that
the route proposed was a compromise between the proponents and opponents of the project.
Richard Davis, 2504 West LaMar, spoke in opposition to the establishment of the Hike and Bike
Trail. Councilmember Soh commended the committee on its work and voiced concern with the
potential risk factors involved in having a trail with a road bed the same height as the City's
roadways. Council member Sorensen suggested that Burlington Northern should donate the right-
of-way to the City. Councilmember Kehm asked if the property owners would have an
opportunity to purchase the land that would not be used for the hike and bike trail.
Council member Kehm added that the concept of the hike and bike trail would be reduced if the
detour was incorporated and suggested that the original plan be reconsidered. Council member
Preisendorf stated that the Council should look at what was best for the entire city, not just for
a segment of the community. Mel Gosda, 2735 Lakewood Drive, spoke in support of the
establishment of the trail and stated that Grand Island must move forward and not remain a
status quo town. Steve Woodmen, 2511 Park Drive, voiced support for the hike and bike trail
and stated that the bike path could be easily marked with traffic signs to eliminate accidents.
Ken Gnadt, 1610 Gretchen Avenue, stated that Grand Island had been named an All American
City three times because of the progressive people and stressed that the quality of life was what
kept people in Grand Island. Councilmember Sorensen questioned the maintenance costs for the
project. Parks and Recreation Director Steve Paustian stated that costs for a comparable trail
in Lincoln were $7,200 per year which would be less than what was spent for three months
usage of the ballfields. Mr. Paustian added that there was the possibility that Burlington
Northern would donate the land or that the purchase price would be less than the estimated
$250,000. Councilmember Seifert asked how many of the committees involved with the
Comprehensive Plan supported a hike and bike trail. Nelson Helm, Regional Planning Director,
reported that four out of 10 committees recommended the inclusion of a hike and bike trail.
Earl Wilson, 2323 Bellwood Drive, and Louis Kent, 624 East Meves, spoke against the
establishment of the hike and bike trail. Jim Sander, 218 North Harrison, stated the major issue
was whether more good will or ill will would be created if the hike and bike trail were built.
. Councilmember Wit amended his motion to include approval of Resolution #92-303 with the
addition of language supporting Alternate 1 as the recommendation of the Hike and Bike Trail
Committee and stated that the consensus of the committee was that a greater number of citizens
supported the program than opposed it. Upon roll call vote, Preisendorf, Wit, Murray, Johnson,
I
I
I
Page 3, Regular City Council Meeting, December 21, 1992
Seifert, and Shafer voted aye. Solt, Sorensen, Kehm and Hosier voted nay. Motion carried.
#92-320 - Maintenance Agreement with State Department of Roads. Wayne Bennett, Director
of Public Works, stated that the Maintenance Agreement with the Nebraska Department of Roads
provided that the City maintain State Highways 281, 30, 34, and 2 within the city limits in 1993
in return for payment of $30,860. Motion by Johnson, second by Murray, carried unanimously
to approve.
#92-321 - Engineering Contract for Wastewater Treatment Plant. Wayne Bennett, Director of
Public Works, explained that an amendment to CH2M Hill's contract had been prepared to
include construction plans and specifications for the expansion project to be completed by
December 1993, which would provide for construction of the project to be completed by
January, 1996. Council member Johnson questioned the competitive bid process. Mr. Bennett
explained that proposals had been received and that the quote compared favorably with other
cities' projects and Civil Engineers estimates. Motion by Wit, second by Preisendorf, carried
unanimously to approve.
#92-322 - Approval of Police Labor Contract Position Statement. Administrative Director Joel
Foster stated that the Police Labor Contract Committee had met on December 16, 1992 and
unanimously agreed to uphold the position of the City's bargaining team. Motion by Wit,
second by Hosier, carried unanimously to approve Resolution #92-322.
#92-324 - Labor Agreement with Fraternal Order of Police. Councilmember Solt stated that the
members of the Police Labor Contract Committee supported the negotiation team and believed
that an equitable solution had been obtained. City Administrator Zachary Zoul explained that
the Fraternal Order of Police met on December 18, 1992 and voted to accept the City's offer.
John Gericke, 523 Hedde Street, confirmed that the Union had voted to ratify the Contract.
Motion by Wit, second by Seifert, carried unanimously to approve the labor agreement with the
Fraternal Order of Police.
#92-323 - Policy Statement Relative to Keno Lottery. City Attorney Keith Sinor presented
information on the progress of the City Keno Committee relative to the establishment of a keno
lottery in Grand Island. Mr. Sinor stated that at the joint City and County Keno Committee
Meeting of December 17, 1992, Councilmember Seifert moved to forward several questions, as
outlined in Resolution #92-323, to the City Council and County Board for further consideration.
Mr. Sinor explained that if a keno lotteries were to be established within the city limits, an
Ordinance providing for this would need to be passed. Mr. Sinor added that in early discussions
three principals, that keno would be operated by a contracted operator, that all proceeds would
be divided equally between the City and the County, and that Fonner Park would be one of the
recipients of an operator's license, but not necessarily the only operator, were agreed upon by
the Committee. Mr. Sinor explained that all keno proceeds must be used for community
betterment purposes but that the intent to use profits to reduce property taxes was difficult to
establish inasmuch as the current Council could only allocate funds for the current budget and
could not make decisions for future Councils. Councilmember Shafer made a motion to approve
I
I
I
Page 4, Regular City Council Meeting, December 21, 1992
Resolution #92-323 with an addition to Paragraph 3 naming Fonner Park as the single operator.
Council member Solt stated that the City needed to examine the keno lottery as a source of
revenue and asked if there would be a benefit for the City if keno lotteries were authorized
within the city limits. Council members Wit and Sorensen voiced agreement with
Councilmember Shafer relative to the inclusion of Fonner Park as the sole operator.
Council members Seifert, Kehm and Murray stated that because the voters of Hall County had
approved a keno lottery, one should be implemented. Council member Johnson stated his belief
that keno was an inappropriate fund for government revenue; however, he would support the
establishment of a keno lottery since a lottery was approved by the electorate. Council member
Shafer withdrew his original motion to approve the entire resolution and made a motion to
approve Paragraph One of Resolution #92-323. Second by Solt. Motion carried unanimously.
Councilmember Solt stated that all interested prospective keno operators should have a public
forum to express their viewpoint. City Attorney Sinor stated that Paragraph 2 of the Resolution
provided a basic understanding that the City and County would split proceeds equally.
Councilmember Johnson commented that the proceeds from keno in Omaha were split 60% to
the City and 40% to the County and voiced disappointment that the issue relative to the
establishment of a keno lottery was not discussed at a Study Session. Mayor Dobesh explained
that pressure being applied to make timely decisions. Motion by Solt, second by Shafer to
accept Paragraph 2 of Resolution #92-323. Upon roll call vote, Preisendorf, Wit, Murray,
Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Johnson abstained. Motion
carried. City Attorney Sinor explained that Paragraph 3 of Resolution #92-323 referred to the
issue of whether there would be one single operator or multiple operators of keno and explained
that a single operator could have satellite operations if authorized, established by Ordinance and
approved by the County Board. Council member Murray asked if potential operators would be
submitting bids. Mr. Sinor explained that some type of process would be used to determine the
operator but that the general consensus of the Committee was that issues other than low bid
would be considered. Councilmember Solt questioned Mr. Sinor on the wording of the
Resolution. Mr. Sinor stated that the majority of the Committee favored a single operator and
that the determination of the number of satellite operations to approve was the main question.
Mr. Sinor explained that if a single operator were approved, that operator could be allowed
satellite operations under his control. Earl Wilson, 2323 Bellwood Drive, asked if City
government existed for the support of Fonner Park or for 40,000 other people. Cale Neal, 1809
South Harrison Street, spoke in favor of one keno operation in Grand Island stating that control
and supervision would be more effective. Jim Sander, 218 North Harrison Street, voiced
opposition to gambling as a revenue source. Irene Abernathy, 707 South Blaine Street, stated
that Omaha and Douglas County had a three year agreement whereby Omaha received 60% of
the keno proceeds and Douglas County received 40%. Ken Gnadt, 1610 South Gretchen, stated
that the majority of people believe that Fonner Park was qualified to operate the keno lottery.
Mike Johnson, Fonner Park and Fonner Keno, Inc. attorney, stated that all shares of stock in
Fonner Keno Inc were owned by Fonner Park and Fonner Park had a ruling which allowed the
proceeds of keno to go to Fonner Park for use in Fonner Park's civic activities. Councilmember
Shafer stated that the main question was whether to issue a single operator's license to Fonner
Park or to open up the opportunity to other entities. Council member Shafer made a motion to
support Fonner Park as the single operator and asked that Resolution #92-323 be amended to
I
I
I
Page 5, Regular City Council Meeting, December 21, 1992
reflect this action. Second by Wit. Councilmember Solt asked if Fonner Keno, Inc. would
supplement Fonner Park racing. Mr. Johnson stated that the legislation granted to Fonner Park
the right to operate a parimutuel horse racing operation to provide civic and charitable benefit
to Grand Island and that the profits from keno would be used for the same purpose as Fonner
Park's profits which was to provide civic and charitable benefits. Dick Hartman, 5075 South
Locust Street, stated that no discussions with the County had taken place relative to the two mile
jurisdiction area, only within city limits. Councilmember Solt called the question.
Council member Murray stated that more time was needed to ascertain that the procedure was
fair and open to all parties. Council member Johnson asked if Fonner Park's books would be
open to the City Council and questioned if there might not be an opportunity to inflate the
Fonner Keno,Inc. expenses to offset expenses of Fonner Park. Mr. Johnson emphasized that
Fonner Park was a nonprofit organization whose profits were used to provide a benefit to the
community. Mr. Johnson added that no information would be hidden and that the Nebraska
Department of Revenue, the City Council and the County Board would have access to the
records for Fonner Keno, Inc. Mayor Dobesh voiced support for Fonner Park as sole operator.
Mr. Sinor suggested that Councilmember Shafer amend his motion to name Fonner Keno, Inc.,
instead of Fonner Park, as the sole keno operator. Councilmember Shafer accepted the
amendment. Margaret Landis, 5301 West Capital Avenue, requested clarification on the zoning
area stated in the Resolution. Mr. Sinor stated that the zoning area was the two mile City
jurisdiction. Upon roll call vote, Preisendorf, Wit, Johnson, Hosier, Kehm, Seifert, Sorensen,
Shafer, and Solt voted aye. Murray voted nay. Motion carried. Councilmember Solt moved
to approve Paragraph 4 of Resolution #92-323. Shafer seconded the motion. Councilmember
Sorensen suggested a friendly amendment to include Paragraph 5 in the motion. Councilmember
Solt accepted the friendly amendment. Councilmember Murray referenced an editorial in the
Grand Island Independent of December 21, 1992 and stated it was premature to be deciding
where the proceeds would be distributed until more information was available. Council member
Wit questioned the possibility of establishing a separate fund for keno proceeds until the
following year. Mr. Sinor stated that a reserve could be created if the reserve was not more
than 50% of the total budget expenditures. Councilmember Johnson requested Paragraphs 4 and
5 be voted on separately. Councilmember Solt stood by his motion to vote on Paragraphs 4 and
5 together. Council member Johnson asked ifpublic input could be utilized for guidelines on the
expenditures of the keno revenue, and suggested limiting the terms of the operators agreement
to two years. Upon roll call vote for approval of Paragraphs 4 and 5, Preisendorf, Wit, Hosier,
Kehm, Seifert, Sorensen, Shafer, and Solt voted aye. Murray and Johnson voted nay. Motion
carried. Motion by Seifert, second by Sorensen to adopt Resolution #92-323. Upon roll call
vote, Preisendorf, Wit, Murray, Hosier, Kehm, Seifert, Sorensen, Shafer, and Solt voted aye.
Johnson voted nay. Motion carried.
CLAIMS:
Motion by Shafer, second by Solt, carried unanimously to approve the claims in the amount of
$982,904.07 as presented by the City Clerk.
I
I
I
Page 6, Regular City Council Meeting, December 21, 1992
ADJOURNMENT: Meeting was adjourned at 9:44 p.m.
Respectfully submitted,
~i[riu~-K ~
Cindy ;- -~~wright
City Clerk