09/12/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 12,2000
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on September 12,2000. Notice of the meeting was given in the Grand Island Independent
on September 7,2000.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Mayor Gnadt, Councilmembers Larson, Hosier, Seifert, Preisendorf, Whitesides, Ward,
Samuelson, Murray and Sorensen. Councilmember Pielstick was absent. The following City
Officials were present: City Administrator MarIan Ferguson, City Clerk RaNae Edwards,
Finance Director David Springer, City Attorney Charlie Cuypers and Steve Riehle Public Works
Director.
PLEDGE OF ALLEGIANCE was said.
PRESENTATIONS AND PROCLAMATIONS:
Mayor Gnadt and Bruce Jones, Solid Waste Superintendent, presented certificates of
accomplishment to Solid Waste Division Employees, Louis Schipman, Michael Dvorak and
Arley Pickenpaugh for their accomplishments in the National Solid Waste Association North
America Road-e-o Competition.
Mayor Gnadt proclaimed September 15 - October 15, 2000, as Hispanic Heritage Month.
Yolanda Nunzeo and students from Walnut Middle School, English as a Second Language Class,
presented the proclamation for Hispanic Heritage Month. Lewis Kent, 624 Meves, spoke in
opposition.
Mayor Gnadt proclaimed September 20, 2000, as Undoing Racism Day.
BOARD OF EQUALIZATION: Motion by Whitesides, second by Samuelson, carried
unanimously to adjourn to the Board of Equalization at 7:20 p.m.
#2000-BE-5 - Determining Benefits for Business Improvement District #2. Cindy Johnson,
Community Projects Director, reported that in its capacity as the Board of Equalization, it was
necessary for the City of Grand Island Council to consider the determination of benefits
associated with Business Improvement District #2. No public testimony was heard. Motion by
Samuelson, second by Preisendorf, carried unanimously to approve.
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Page 2, City Council Regular Meeting, September 12,2000
#2000-BE-6 - Determining Benefits for Business Improvement District #3. Cindy Johnson,
Community Projects Director, reported that in its capacity as the Board of Equalization, it was
necessary for the City of Grand Island Council to consider the determination of benefits
associated with Business Improvement District #3. No public testimony was heard. Motion by
Larson, second by Murray, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Samuelson, second by Sorenson, carried
unanimously to return to Regular Session at 7:25 p.m.
PUBLIC HEARINGS:
Public Hearing on Request of Larry and Sundra Burmood for Conditional Use Permit for Garage
Addition at 218 North Grace Avenue. Craig Lewis, Building Department Director, reported that
Larry and Sundra Burmood, 218 North Grace Avenue, had submitted a request for a Conditional
Use Permit to allow for a garage addition. No public testimony was heard.
Public Hearing on Adoption of a Digital Version of the Grand Island Future Land Use Map.
Chad Nabity, Regional Planning Director, reported that this map is a complete and accurate
portrayal of the current future land use map as adopted with the 1992 Comprehensive
Development Plan and as amended to date. No public testimony was heard.
Public Hearing on Request of Albertson's, Inc. dba Albertson's #2265, 1215 Allen Drive, for
Class "D" Liquor License. RaNae Edwards, City Clerk, reported that Gary Michael, Chairman,
representing Albertson's, Inc. dba Albertson's #2265, 1215 Allen Drive, had submitted an
application with the City Clerk's Office for a Class "D" Liquor License. Ms. Edwards offered
the following exhibits for the record: Application submitted to the Liquor Control Commission
and received by the City on August 28, 2000; notice to applicant of date, time and place of
hearing mailed August 28, 2000; notice to general public of date, time, and place of hearing
published on August 30, 2000; departmental reports as required by law; and Chapter 4 of City
Code. Approval was recommended contingent upon final inspections. Dan Klaus, Attorney
representing Albertson's and Tony Romero, 7916 Brentwood Drive, LaVista, Nebraska, spoke in
favor. No additional public testimony was heard.
Public Hearing on Setting Occupation Tax for Downtown Improvement and Parking District #1.
Cindy Johnson, Community Projects Director, reported that this Public Hearing was relative to
establishing the occupation tax for Downtown Improvement and Parking District # 1 and that the
proposed occupation tax for FY 2000-2001 was $.1164 per square foot of public use area with a
minimum fee to $86.15 annually. Ms. Johnson reported that these fees represented a slight
increase from FY 1999-2000. No public testimony was heard.
Public Hearing on General Property, Parking District #2 and Community Redevelopment
Authority Tax Request. David Springer, Finance Director, reported that a Public Hearing was
required to set the property tax requests as proposed and amended by Council budget work
sessions and that the City Budget, as amended by Addendum #1, provided municipal services
from October 1, 2000 to September 30, 2001 where the required property tax request to support
the amended budget is $5,853,209. Mr. Springer added that this also established the Parking
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Page 3, City Council Regular Meeting, September 12,2000
District #2 (Parking Ramp) property tax request of $45,000 and the Community Redevelopment
Authority tax request of $388,713 which Council approved the CRA's preliminary levy by
Resolution #2000-252 on August 29, 2000. It was noted that setting the property tax levy
required a Public Hearing under Nebraska law. No public testimony was heard.
Public Hearing on Acquisition of 420.05 Acre Tract of Land at CAAP for Use as a Multi-
Purpose Recreational Sports Facility. Charlie Cuypers, City Attorney, reported that this Public
Hearing was required for acquisition of tracts 59 and 63 of the former Cornhusker Army
Ammunition Plant (CAAP). This acquisition would be used to relocate the existing Grand Island
Skeet and Sporting Clays Club and Grand Island Modelers Club from the city well field. The
total purchase price for these lands had been agreed upon at $350,000.00, of which the City will
provide $150,000.00. No public testimony was heard.
ORDINANCES:
Councilmember Sorenson moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8618 - Considering Downtown Business Improvement District #2 Assessments
#8619 - Considering Downtown Business Improvement District #3 Assessments
#8620 - Considering of Amendment to Chapter 13 of City Code Relative to Occupation
Tax for Downtown Improvement and Parking District #1 and Downtown Fees
#8621 - Considering Salary Ordinance
#8622 - Considering Re-naming a Segment of Mansfield Road in R & B Subdivision and
Re-Addressing the Three Affected Properties
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of the ordinances on their first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Samuelson seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in any of these ordinances? There was no
comment.
City Clerk: Ordinances #8618, #8619, #8620, #8621 and #8622 on their first reading. All those
in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call
vote, all voted aye. Motion was adopted unanimously.
City Clerk: Ordinances #8618, #8619, #8620, #8621 and #8622 on their final passage. All those
in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call
vote, all voted aye. Motion was adopted unanimously.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8618, #8619, #8620, #8621 and #8622 are declared to be lawfully passed and adopted upon
publication as required by law.
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Page 4, City Council Regular Meeting, September 12,2000
CONSENT AGENDA: Motion by Murray, second by Whitesides, carried unanimously to
approve the Consent Agenda.
Approving Minutes of August 29, 2000 City Council Regular Meeting.
Approving Request of Larry & Sundra Burmood for Conditional Use Permit for Garage
Addition at 218 North Grace Avenue.
Approving Request for Albertson's Inc., dba Albertson's #2265, 1215 Allen drive, for Class
"D" Liquor License Contingent Final Inspections.
Approving Request of Tony Romero, 7916 Brentwood Drive, LaVista, Nebraska, for Liquor
Manager Designation for Albertson's, Inc. dba Albertson's #2265, 1215 Allen Drive.
Approving Extension of Non-Conforming Use at 590 Evergreen Lane. It was noted that
Sydney Crouch, 590 Evergreen Lane, had submitted a request with the City Clerk's Office for
an extension of a non-conforming use to allow for the replacement of an existing manufactured
home with a different manufactured home.
Approving Request for Preliminary Plat for College Subdivision, North of Highway 34 Along
Tech Drive. It was noted that Central Nebraska Community College had submitted a
preliminary plat for College Subdivision, a 31.15 acre tract of land located north of Highway
34 along Tech Drive and that this plat proposed to subdivide an unplatted tract of land north of
the college campus into 10 building lots.
#2000-253 - Approving Final Plat and Subdivision Agreement for Katzberg Subdivision. It
was noted that Darwin D. Katzberg, owner, had submitted the final plat for Katzberg
Subdivision, located east of Engleman Road and south of Wildwood Road and that this plat
proposed to develop 2 lots on a currently unplatted parcel of groaund located in Section 11,
Township 10, Range 10.
#2000-254 - Approving Final Plat and Subdivision Agreement for Packer & Barr's Third
Subdivision. It was noted that The Real Estate Group of Grand Island, owner, had submitted a
final plat for Packer & Barr's Third Subdivision, located south of 3rd Street and west of Logan
Street for the purpose of re-subdividing Lot 1 Block 52, Packer & Barr's 2nd Addition into 2
new lots.
#2000-255 - Approving Final Plat and Subdivision Agreement for Prensa Latina Subdivision.
It was noted that Thomas W. and Jill A. O'Neill and Thimoth R. & Moo S. O'Neill, owners
had submitted a final plat for Prensa Latina Subdivision, located north of 3rd Street and west of
Walnut Street, for the purpose of re-subdividing the El/3 of Lot 7 and all of Lot 8, Block 58,
Original Town into 4 new lots.
#2000-256 - Approving Final Plat and Subdivision Agreement for Grand Island Farmstead
Project Third Subdivision. It was noted that Maria L. Beck, owner, had submitted a final plat
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Page 5, City Council Regular Meeting, September 12, 2000
for Grand Island Farmstead Project Third Subdivision, located south of U.S. Highway 34, and
west of Stuhr Road for the purpose of re-subdividing plot 10 into 3 lots.
#2000-257 - Approving Final Plat and Subdivision Agreement for "U" (U Bar) Subdivision. It
was noted that Ricky D. Stelk, owner, had submitted a final plat for "U" (U Bar) Subdivision,
located south of Husker Highway and Highway 30 for the purpose of creating 1 lot on a
currently unplatted parcel of ground located in Section 34, Township 11, Range 10.
#2000-240 - Approving Digital version of the Grand Island Future Land Use Map.
#2000-258 - Approving Renewal of One Year Contract to Provide Advanced EMT/Paramedic
Training for McCook Community College.
#2000-259 - Approving Renewal of One Year Contract to Provide Advanced EMT/Paramedic
Training for Nebraska Methodist College of Nursing.
#2000-260 - Approving Renewal of One Year Contract to Provide Advanced EMT/Paramedic
Training for Northeast Community College.
#2000-261 - Approving Renewal of One Year Contract to Provide Advanced EMT/Paramedic
Training for Southeast Community College.
#2000-262 - Awarding Bid for Commercial Mulching Turf Mower, to Mid-West Turf,
Omaha, Nebraska, in the Amount of $12,482.00.
#2000-263 - Awarding Bid for Snow Removal Services to A-I Snow Removal, Grand Island,
Nebraska for Emergency Route #1 and Dobesh Land Leveling, Grand Island, Nebraska, for
Emergency Route #2 in the following amounts: Truck Plows for each Emergency Route -
$85.00 per hour; Front End Loaders - $85.00 per hour; and Hauling Snow - $75.00 per hour;
with a minimum payment of $500.00 per month for the 7 month contract.
#2000-264 - Awarding Bid for Audio Sound System to BTS, Inc., Grand Island, Nebraska in
the amount of $16,420.00.
#2000-265 - Awarding Bid for Architectural Service for One-Stop Building to Webb and
Company Architects, Grand Island, Nebraska, in an amount not to exceed $35,000.00.
#2000-266 - Awarding Bid for Selection of Architect for Library Feasibility Study (Phase I) to
Clark Enerson Partners, Lincoln, Nebraska, in the amount of $26,5000.00.
#2000-267 - Approving Certificate of Final Completion for Sanitary Sewer Television
Inspection Project 2000- TV-I.
#2000-268 - Approving Discontinuation of Sanitary Sewer District #495, Gosda Subdivision.
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Page 6, City Council Regular Meeting, September 12, 2000
#2000-269 - Approving Stop Signs at 8th and Beal and 9th and Beal by Lincoln School.
#2000-270 - Approving Certificate of Final Completion for Water Main District #432,
Woodland Drive and Ramada Road and Setting Date for Board of Equalization. It was noted
that it would be necessary for the City Council to consider the assessment of benefits
associated with Water Main District #432, and set October 10, 2000, for the Board of
Equalization hearing.
RESOLUTIONS:
#2000-271 - Approving Property Tax Request for 2000-2001 General All-Purpose Property
Tax, Community Redevelopment Authority and Parking District #2 (Ramp). Marlan Ferguson,
City Administrator, reported that this Resolution established the General Municipal property
tax request at $5,853,209, a $331,314 increase from the property tax request for FY 1999-
2000; the Parking District #2 property tax request at $45,000, a $21,329 increase from the
property tax request for FY 1999-2000 and the Community Redevelopment Authority property
tax request at $388,713, a $21,329 increase from the property tax request for FY 1999-2000.
Motion by Larson, second by Samuelson to approve. Glendale Reiss, 910 North Boggs, Lewis
Kent, 624 Meves and Kay Collins, 1003 West Louise, spoke in opposition. Upon roll call
vote, Larson, Hosier, Preisendorf, Whitesides, Ward, Samuelson, Murray and Sorensen voted
aye. Seifert voted nay. Motion adopted.
#2000-272 - Approving Interlocal Cooperation Agreement with Grand Island School District to
Fund School Resource Officers. Charlie Cuypers, City Attorney, reported that the Police
Department has provided five school resource officers (SRO's) to the Grand Island School
District funded as part of a grant program through the Department of Justice. The grant
revenue has declined, whereby the Police Department and Grand Island School District have
proposed to enter into an Interlocal Cooperation Agreement to continue and fund operations of
the five SRO's with the District. The school district has agreed to reimburse the City for all
direct and indirect personnel costs, including benefits, associated with the SRO's based on a
schedule which compensates the City for two police officers at Step D and three police officers
at Step E in the current labor agreement. The Interlocal Cooperation Agreement has an initial
term of five years with up to five additional one-year renewal terms. Councilmember Murray
spoke in favor of the Interlocal Cooperation Agreement. Motion by Murray, second by
Whitesides, carried unanimously to approve.
#2000-274 - Consideration of Approving 1 % Increase to the Lid Limit. David Springer,
Finance Director, reported that in 1998 the Nebraska State Legislature passed LB 989, which
put a cap on the amount of restricted revenues a political subdivision can budget for. The
restricted revenues that the City of Grand Island includes in the budget are Property Taxes,
Payments in Lieu of Property Tax, Local Option Sales Tax, Motor Vehicle Tax and State Aid.
Of these restricted revenues, property tax is the only revenue that the City can control. The
increase in restricted funds authority using the 1 % additional amount and the population
growth (when available) is not an increase in budgeted revenues. It only provides the ability to
increase restricted revenues, particularly property tax, in a future year if necessary. Glendale
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Page 7, City Council Regular Meeting, September 12, 2000
Reiss, 910 North Boggs, Lewis Kent, 624 Meves and Kay Collins, 1003 West Louise, spoke in
opposition. Motion by Murray, second by Samuelson to approve. Upon roll call vote to
approve, Councilmembers Larson, Hosier, Preisendorf, Whitesides, Ward, Murray and
Samuelson voted aye. Seifert and Sorensen voted nay. Motion failed.
#2000-275 - Consideration of Approving Waiver of the Dates, December 24, 2000 and
December 31, 2000, Relative to Selling Liquor on Sundays. Charlie Cuypers, City Attorney,
reported that several requests had been received to authorize the sale of all alcoholic liquors for
the holidays of December 24, 2000 and December 31, 2000. Section 4-9 of the Grand Island
City Code provides, "No alcoholic liquors for consumption off the premises, except beer and
wine, shall be sold at retail or dispensed within the city between the hours of 12:00 noon and
12:00 midnight on Sundays." Robin Buettenback, representing Fine Liquors, 1939 North
Broadwell, spoke in favor of adopting Resolution #2000-275. Councilmember Ward mentioned
the phone calls and messages he had received to deny this request. Motion by Whitesides,
second by Ward to deny Resolution #2000-275. Upon roll call vote, Larson, Hoiser,
Presisendorf, Seifert, Whitesides, Ward, Samuelson, and Sorensen voted aye. Murray voted
nay. Motion to deny request adopted.
#2000-276 - Approving Acquisition of 420.05 Acre Tract of Land at CAAP for Use as a
Multi-Purpose Recreational Sports Facility. Charlie Cuypers, City Attorney, reported that this
item related to the aforementioned Public Hearing. Motion by Larson, second by Seifert,
carried unanimously to approve.
PAYMENT OF CLAIMS: Motion by Samuelson, second by Preisendorf, carried unanimously
to approve the Claims for the period of August 30 through September 12,2000, claims #95851,
and #95867 through #96372, excluding #96314 for a total claims amount of $1,419,817.39.
Councilmember Whitesides abstained from voting on Claim #96036. Upon roll call vote, motion
was adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 8: 10 p.m.
Respectfully submitted,
R~\\ o-L EDw~
RaNae Edwards
City Clerk