11/06/2000 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 6, 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 November 6, 2000. Notice of the meeting was given in the Grand Island Independent
on November 2, 2000.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Counci1members Larson, Pie1stick, Hosier, Seifert, Preisendorf, Whitesides, Samuelson, Murray
and Sorensen. Counci1member Ward was absent. The following City Officials were present: City
Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer,
City Attorney Charlie Cuypers and Steve Riehle Public Works Director.
PLEDGE OF ALLEGIANCE was said followed by an It's About Kids! Asset which was
presented by Maggie Lee.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Seven individuals reserved time to speak
on agenda items.
PRESENT A nONS AND PROCLAMA nONS:
Presentation by Betty Curtis, Clean Community System for Beautification Award. Betty Curtis,
Clean Community System, presented the Mayor and City Council with a plaque representing
first place of the "Keep Nebraska Beautiful" Deanie Anderson Award for outstanding over all
Community Environmental efforts for communities.
Recognition of Barr Junior High School Students and Guidance Counselors for Clean Up Work
at the Beltline Hike/Bike Trail. The Mayor and City Council recognized the efforts of
approximately 600 Barr Junior High School students and their Guidance Counselors, Kirk
Ramsey and Marilyn Miller for their clean up work on the Beltline Hike/Bike Trail.
Recognition of Chase Daily for Eagle Scout Proiect of Labeling Storm Sewers. The Mayor and
City Council along with Roger Andrews representing the Ground Water Guardians, Gary Mader,
Utilities Director, Betty Curtis, Darwin Daily and Julie Frandsen presented Chase Daily with a
certificate of appreciation for the work he did labeling storm sewers for his Eagle Scout Project.
National Family Week - November 19-25, 2000. Mayor Gnadt proclaimed November 19-25,
2000 as "National Family Week".
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Page 2, City Council Regular Meeting, November 6, 2000
National Children's Book Week - November 13-19, 2000. Mayor Gnadt proclaimed November
13-19, 2000 as "National Children's Book Week". Steve Fosselman, Library Director spoke
concerning activities relating to the week of November 13-19, 2000.
National World War II Memorial Groundbreaking Day - November 11, 2000. Mayor Gnadt
proclaimed November 11, 2000 as "National World War II Memorial Groundbreaking Day".
Diane Miller-Ruhlman accepted the Proclamation on behalf of all funeral directors.
BOARD OF EQUALIZATION: Motion by Sorensen, second by Samuelson, carried
unanimously to adjourn to Board of Equalization.
#2000-BE-8 - Determining Benefits for Water Main District #430T, Stuhr Road and Bismark
Road. Gary Mader, Utilities Director, reported that in its capacity as the Board of Equalization,
it was necessary for the City Council to consider the assessment of benefits and assessments
associated with Water Main District #430T. Motion by Murray, second by Samuelson, carried
unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Samuelson, second by Whitesides, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Bellows Outdoor Advertising, Inc., 1803 South Locust Street, for
Conditional Use Permit for Outdoor Advertising Sign (Billboard). Craig Lewis, Building
Department Director, reported that Bellows Outdoor Advertising, Inc., 1803 South Locust Street,
had submitted a request for a Conditional Use Permit to allow for outdoor advertising sign
(billboard). Approval was recommended for one year. Cindy Johnson representing BID #3 spoke
in favor of a six month extension. Dick Bellows, Cairo, June O'Neill & Mike O'Neill, 1002
South Shady Bend Road, Mike Toukon, 1808 South Locust and Rich Weigman, 3910 Mary Lane
spoke in favor of the Conditional Use Permits. No further testimony was heard.
Public Hearing on Request of Bellows Outdoor Advertising, Inc., 2216 South Locust Street, for
Conditional Use Permit for Outdoor Advertising Sign (Billboard). Craig Lewis, Building
Department Director, reported that Bellows Outdoor Advertising, Inc., 2216 South Locust Street,
had submitted a request for a Conditional Use Permit to allow for outdoor advertising sign
(billboard). Approval was recommended for one year. Cindy Johnson representing BID #3 spoke
in favor of a six month extension. Dick Bellows, Cairo, June O'Neill & Mike O'Neill, 1002
South Shady Bend Road, Mike Toukon, 1808 South Locust and Rich Weigman, 3910 Mary Lane
spoke in favor of the Conditional Use Permits. No further testimony was heard.
Public Hearing on Request of Bellows Outdoor Advertising, Inc., 2412 South Locust Street, for
Conditional Use Permit for Outdoor Advertising Sign (Billboard). Craig Lewis, Building
Department Director, reported that Bellows Outdoor Advertising, Inc., 2412 South Locust Street,
had submitted a request for a Conditional Use Permit to allow for outdoor advertising sign
(billboard). Approval was recommended for one year. Cindy Johnson representing BID #3 spoke
in favor of a six month extension. Dick Bellows, Cairo, June O'Neill & Mike O'Neill, 1002
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Page 3, City Council Regular Meeting, November 6, 2000
South Shady Bend Road, Mike Toukon, 1808 South Locust and Rich Weigman, 3910 Mary Lane
spoke in favor of the Conditional Use Permits. No further testimony was heard.
Public Hearing on Acquisition of Utility Easement One Mile East of Gunbarrel Road and Two
Miles North of Capital Avenue. Gary Mader, Utilities Director, reported that acquisition of an
easement located one mile east of Gunbarrel Road and two miles north of Capital Avenue, was
required to locate a new overhead electric line and transformer to serve a new residence to be
built at that location. Approval was recommended. No public testimony was heard.
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:
#8636 - Considering Conveyance of Community Development Property at Lincoln View
Estates Subdivision, 931 North Lambert Street
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 ordinance on its first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Preisendorf seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this ordinance? There was no comment.
City Clerk: Ordinance #8636, on its first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion was
adopted unanimously.
City Clerk: Ordinance #8636, on its final passage. All those in favor of the passage of this
ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion was
adopted unanimously.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8636, is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Councilmember Murray requested item G-4a, b & c be removed from the
Consent Agenda. Motion by Pielstick, second by Whitesides, carried unanimously to approve the
Consent Agenda excluding items G-4a, band c.
Approving Official Documents, including Minutes of Civil Service Commission Meeting of
September 13, 2000.
Approving Minutes of October 24, 2000 City Council Regular Meeting. Councilmember
Preisendorf abstained from voting on this item.
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Page 4, City Council Regular Meeting, November 6,2000
Approving Request of Nathan Detroit's, Ine dba Nathan Detroit's, 316 North Pine Street for
Deletion to Licensed Premises.
#2000-328 - Approving Acquisition of Utility Easement One Mile East of Gunbarrel Road and
Two Miles North of Capital Avenue.
#2000-329 - Awarding Contract for Capital Heights Swim Club for $3,000.00.
#2000-330 - Awarding Contract for Retired Senior Volunteer Program for $6,120.00.
#2000- 331 - Awarding Contract for Senior Citizens Industries, Inc. for $15,000.00.
#2000-332 - Awarding Contract for Family Violence Coalition for $4,080.00.
#2000-333 - Awarding Contract for Crisis Center, Inc. for $10,2000.00.
#2000-334 - Awarding Contract for Clean Community System for $15,000.00.
#2000-335 - Awarding Bid for Trailer-Mounted Asphalt Crack Sealing Machine to Logan
Contractors Supply, Inc., Omaha, Nebraska in the Amount of $17,800.00.
#2000-336 - Approving Contract for Well Field Substation Refurbishment to Grand Eagle
Services, Grimes, Iowa in the Amount of$68,120.00.
#2000-337 - Awarding Bid for Ford F150 Extended Cab Pickup Under State Contract to
Anderson Ford, Inc., Lincoln, Nebraska in the Amount of$22,188.00.
#2000-338 - Awardinf? Bid for Water Main Proiect 2000-W-6 and Water Main District #436 to
Diamond Engineering Company, Grand Island, Nebraska in the Amount of$28,261.51.
#2000-339 - Awarding Bid for 2001 Malibu Sedan Under State Contract to Husker Automotive
Chevrolet, Lincoln, Nebraska in the Amount of$14,687.77.
#2000-340 - Approving Certificate of Final Completion for Master Plan for Heritage Zoo.
#2000-341 - Approving Final Plat and Subdivision Agreement for Habitat for Humanity
Subdivision. It was noted that D & D Investments, a Nebraska Partnership, owner, had submitted
the final plat for Habitat for Humanity Subdivision, located at the southwest corner of 5th Street
and Oak Street and that this plat proposed to re-subdivide Lot 1, Block 28, Original Town into
two lots.
#2000-342 - Approving Final Plat and Subdivision for Community College Subdivision. It was
noted that Central Community College, owner, had submitted a final plat for Community
College Subdivision, located north of Highway 34 along Tech Drive and that this plat proposed
to develop five lots to accommodate future student housing.
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Page 5, City Council Regular Meeting, November 6,2000
#2000-343 - Approving Final Plat and Subdivision for Chevron Subdivision. It was noted that
Chevron U.S.A., Inc. a Pennsylvania Corporation, owner, had submitted a final plat for Chevron
Subdivision, located east of Harrison Street and that this plat proposed to create one lot in
Section 21-11-9.
#2000-344 - Approving Amendment to Ponderosa Lake Estates Third Subdivision. It was noted
that a requested had been submitted to amend Ponderosa Lake Estates Third Subdivision to
change the setback restrictions for Lot 12 to reduce the front yard minimum setback to 15' and
the back yard minimum setback to 15'.
#2000-345 - Approving Request for Traffic Modification for Handicap Parking III the
Downtown Area.
#2000-346 - Approving Keno Satellite Location and Agreement for Curl CurL A Corporation,
dba Bonzai Beach Club/Wave Pizza Company, 107-109 North Walnut Street.
#2000-347 - Approving Connection Fees for Water Main District #430T Stuhr Road and
Bismark Road.
Request of Bellows Outdoor Advertising, 1803 South Locust, 2216 South Locust Street and
2412 South Locust Street for Conditional Use Permit for Outdoor Advertising Signs (Billboard).
Charlie Cuypers, City Attorney, spoke regarding the changes that will be occurring with the
South Locust/Interstate 80 interchange project and that in the next several months the council
and business owners will be getting information about proposals to change the appearance on
South Locust Street. Mr. Cuypers stated that the council will be in a better position to make a
decision on the billboards at a later date and suggested that the council table the matter at least
six months. Mr. Cuypers also mentioned the fact that zoning laws are established to set the
outside limits of permissible activity within a particular zoning area and that conditional use is
presumed to be lawful in a zone unless the city can show some reason why that activity should
not be conducted there. Motion was made by Pielstick, second by Sorensen, to table the request
of Bellows Outdoor Advertising for Conditional Use Permits for outdoor advertising signs
(billboards) at 1803 South Locust Street, 2216 South Locust Street and 2412 South Locust Street
for six months to a study session. Upon roll call vote, all voted aye. Motion was adopted.
RESOLUTIONS:
#2000-348 - Approving Consideration of Request of Petition Submitted by Alan Sydow for
Creation of Endowment Fund and 1!2!t Sales Tax.
Charlie Cuypers, City Attorney, reported that Alan Sydow had filed a petition with the City
Clerk's Office on October 10,2000, representing 1,583 signatures for a proposed ballot issue of
1!2~ Sales Tax for creating an endowment fund for the City of Grand Island. Mr. Cuypers stated
two statutes that have been discussed with Mr. Sydow regarding the number of signatures
required to put the issue to a vote of the people. Mr. Cuypers stated that 3,600 signatures are
required by State Statute Sections 18-2501 through 18-2538, wherein Mr. Sydow wants to create
an endowment fund, not just increase the existing city sales tax. Councilmember Pielstick
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Page 6, City Council Regular Meeting, November 6, 2000
questioned whether Mr. Sydow knew the number of signatures required in April when he started
the petition drive. Mr. Cuypers stated that he had met with Mr. Sydow and that they had
discussed this issue. Councilmember Larson questioned what the recourse for Mr. Sydow would
be if the council passed Resolution #2000-348. Mr. Cuypers stated that Mr. Sydow could
challenge the city's action in court, which he estimated could take up to four months.
Councilmember Samuelson questioned the need to send the petitions to the Election
Commissioners Office for verification if the council feels there are not enough signatures as
referred to by Mr. Cuypers under state statutes. Mr. Cuypers stated that the state statutes make it
mandatory to verify the signatures by passage of a resolution by the Council and that he had
visited with the Election Commissioner and had been told that there would be no charge to the
City to verify these signatures. Councilmembers Whitesides and Pielstick stated they wanted
more time to study this issue.
Alan Sydow, 1804 West 10th Street, spoke with regards to State Statute 77-27,142.02 whereby he
feels the number of required signatures to be 1,248. Mr. Sydow then spoke to the council relative
to issues pertaining to the petition, the petition drive and options the council had before them.
Donna Fredrick, 2708 West Anna Street, circulator, spoke in support of putting this issue to a
vote of the people.
Motion was made by Whitesides, seconded by Pielstick, to table this issue until the November
21, 2000 Regular Meeting. Upon roll call vote, Pielstick, Whitesides, Samuelson and Sorensen
voted aye. Larson, Hosier, Seifert, Preisendorf, and Murray voted nay. Motion failed.
Motion was made by Larson, seconded by Murray, to approve Resolution #2000-348. Upon roll
call vote, Larson, Hosier, Seifert, Preisendorcf, Samuelson and Murray voted aye. Pielstick and
Sorensen voted nay. Whitesides, abstained. Motion was adopted.
PAYMENT OF CLAIMS: Motion by Samuelson, second by Seifert, carried unanimously to
approve the Claims for the period of October 11 through November 6, 2000, claims #97308 and
#98032 through #98603 and deleted claim #98356 in the amount of $300.00, for a total claims
amount of$2,095,178.88 . Councilmember Whitesides abstained from voting on Claim #98390.
ADJOURNMENT: The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Qf\OL K)~
RaN ae Edwards
City Clerk