02/27/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 27,2001
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on February 27,2001. Notice of the meeting was given in the Grand Island Independent
on February 21,2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Ward, Seifert, Larson, Whitesides, Haase, Murray, Walker and Sorensen.
Councilmembers Pielstick and Hornady were 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! Assets were presented
by Jenny Green. Christine Haney, Family Preservation Grant Coordinator made a presentation to
Cory Foland and Joe Kovanda, winners for the "It's About Kids!" for the month of February
2001.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
an agenda item.
PRESENTATION AND PROCLAMATIONS:
Mayor Gnadt recognized Scott Usher and Swimming Coach Doug Whitman from Grand Island
Senior High for the accomplishment Scott made winning two state gold medals.
Robert Andrews, Sandy Keenan and Sunny Welch representing Groundwater Guardians
recommended that Council consider a resolution designating Grand Island as "Groundwater
Capital of the World".
PUBLIC HEARINGS:
Public Hearing on Application for Conditional Use Permit for Hooker Bros. Sand & Gravel for
Temporary Permit for a Portable Hot-Mix Asphalt Plant Belonging to Werner Construction
Located at 3860 South Locust Street. Chad Nabity, Planning Director, reported that Hooker
Bros. Sand and Gravel, 3860 South Locust Street, had submitted a request with the City Clerk's
Office for a Conditional Use Permit to temporarily allow for a portable hot-mix asphalt plant,
belonging to Werner Construction to be located at 3860 South Locust Street. Approval was
recommended not to exceed two years. Richard Ray representing Werner Construction spoke in
favor. No further public testimony was heard.
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Page 2, City Council Regular Meeting, February 27,2001
Public Hearing on Acquisition of Utility Easement Located on Roberts Street East of Broadwell
Avenue, South of McCain Foods by the Millard Warehouse (Waste Connections of Nebraska,
Inc.) Gary Mader, Utilities Director, reported that acquisition of a utility easement located on
Roberts Street east of Broadwell Avenue, is required in order to install and maintain a new 3-
phase pad mounted transformer to provide service to a new building being constructed by
Central Waste. No public testimony was heard.
Public Hearing Relative to Economic Development Project - Emulsified Asphalt Enterprises
Expansion Project at the Hall County Airport. Cindy Johnson, Community Projects Director,
reported that the Community Projects Department is currently administering a Department of
Economic Development (DED) Community Development Block Grant (CDBG) funding for Hall
County for the Emulsified Asphalt Enterprises expansion project that provides water, sewer and
street improvements at the Hall County Airport. Hall County applied for and received
$180,000.00 in Community Development Block Grant funding for the project which totaled in
excess of $355,000.00. DED regulations require a minimum of two public hearings for the
application/project; one of which was to be held near the completion of the funded activity to
obtain citizen input, comments or opinions with regard to the application and project
performance. The water, sewer and street improvements at the Airport have been completed. No
action by the City Council was required. Larry Keller, Executive Director for Crane Meadows,
spoke in favor. No further public testimony was heard.
Public Hearing Relative to Economic Development Project - Crane Meadows Foot Bridge,
Observation Tower and Connecting Trails. Cindy Johnson, Community Projects Director,
reported that the Community Projects Department is currently administering a Department of
Economic Development (DED) Community Development Block Grant (CDBG) funding for Hall
County for the Crane Meadows foot bridge observation tower and connecting trails project. Hall
County applied for and received $144,750.00 in Community Development Block Grant funding
for the project which totaled in excess of $313,500.00. DED regulations require a minimum of
two public hearings for the application/project; one of which was to be held near the completion
of the funded activity to obtain citizen input, comments or opinions with regard to the application
and project performance. The Crane Meadows project is nearing completion. No action by the
City Council was required. Larry Keller, Executive Director for Crane Meadows, spoke in favor.
No further public testimony was heard.
Public Hearing to Amend the Future Land Use Map for the City of Grand Island for
Approximatelv 20 Acres of Land near Bosselman Travel Center. Chad Nabity, Planning
Director, reported that approval of the adoption of amending the Land Use Map for the City of
Grand Island for approximately 20 acres of land in the Sl/2 of SWI/4 of the SEl/4 near
Bosselman Travel Center was required in order to extend the commercial designation. The
Regional Planning Commission approved this request unanimously at their February 7, 2001
meeting. Mike Yost representing Bosselman Travel Center spoke in favor. No further public
testimony was heard.
Public Hearing Concerning the Rezoning of a Parcel of Land Located in Section 13-10-10 from
TD Travel Development and AG Agricultural Zone to B2 General Business. Chad Nabity,
Planning Director, reported that Bosselman, Inc., had submitted a request to rezone
approximately 10 acres of land located in the SEl/4 of Section 13-10-10 near Bosselman Travel
Center from TD Travel Development and AG Agricultural to B2 General Business. The purpose
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Page 3, City Council Regular Meeting, February 27,2001
of the request was to rezone the property to allow the commercial development of the property in
a manner that was consistent with the regulations of Hall County and the City of Grand Island.
The Regional Planning Commission, at their meeting of February 7, 2001, voted unanimously to
approve the request. No public testimony was heard.
Public Hearing on Request of Copper Eagle Brewing Company LLC, dba Copper Eagle Brewing
Company, 120 East Third Street, for Class "C" and Class "L" Brew Pub Liquor License. RaNae
Edwards, City Clerk, reported that Copper Eagle Brewing Company LLC, dba Copper Eagle
Brewing Company, 120 East Third Street, had submitted an application with the City Clerk's
Office for a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
January 26, 2001; notice to applicant of date, time, and place of hearing mailed on January 31,
2001; notice to general public of date, time, and place of hearing published on February 17,
2001; Chapter 4 of City Code and departmental reports as required by City Code. No public
testimony was heard.
Public Hearing on Request of Stratford Plaza LLC, dba Best Western Riverside Inn, 3333
Ramada Road, for Class "C" Liquor License. RaNae Edwards, City Clerk, reported that Stratford
Plaza LLC, dba Best Western Riverside Inn, 3333 Ramada Road, had submitted an application
with the City Clerk's Office for a Class "C" Liquor License. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on January 26, 2001; notice to applicant of date, time, and place of hearing
mailed on January 31, 2001; notice to general public of date, time, and place of hearing
published on February 17, 2001; Chapter 4 of City Code and departmental reports as required by
City Code. No public testimony was heard.
Public Hearing on Request of Chan C. Bandasack, dba Vientiane Oriental Market, 221 West
Fourth Street, for Class "B" Liquor License. RaNae Edwards, City Clerk, reported that Chan C.
Bandasack, dba Vientiane Oriental Market, 221 West Fourth Street, had submitted an application
with the City Clerk's Office for a Class "B" Liquor License. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on February 5, 2001; notice to applicant of date, time, and place of hearing
mailed on February 7, 2001; notice to general public of date, time, and place of hearing
published on February 17, 2001; Chapter 4 of City Code and departmental reports as required by
City Code. John Higgins, 2209 Apache Road, spoke in support. No further public testimony was
heard.
CONSENT AGENDA: Motion by Seifert, second by Larson, carried unanimously to approve the
Consent Agenda.
Approving Civil Service Commission Minutes of January 12, 2001.
Approving Minutes of February 6, 2001 City Council Regular Meeting. Councilmember Ward
abstained.
Approving Minutes of Februarv 20,2001 City Council Special Meeting.
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Page 4, City Council Regular Meeting, February 27,2001
Approving Minutes of February 20,2001 City Council Study Session.
Approving Sam Zeleski to the Zoning Board of Adiustment.
Approving Doug Hough, Eric Rose, Jennifer Herman, Craig Lewis and Clark Kalkowski to the
Plumbing Board.
Approving Conditional Use Permit for Hooker Bros. Sand & Gravel for Temporary Pelmit for a
Portable Hot-Mix Asphalt Plant, Belonging to Werner Construction Located at 3860 South
Locust Street.
Approving Request of Copper Eagle Brewing Company LLC, dba Copper Eagle Brewing
Company, 120 East Third Street, for Class HC" and Class "L" Brew Pub Liquor License.
Approving Request of Mia Hough, 120 East Third Street, for Liquor Manager Designation for
Copper Eagle Brewing Company LLC, dba Copper Eagle Brewing Company, 120 East Third
Street.
Approving Request of Stratford Plaza LLC, dba Best Western Riverside Inn, 3333 Ramada
Road, for a Class HC" Liquor License.
Approving Request of Jesse E. Gilmer, 609).i West Koenig, for Liquor Manager Designation for
Stratford Plaza LLC, dba Best Western Riverside Inn, 3333 Ramada Road.
Approving Request of Chan C., Bandasack, dba Vientiane Oriental Market, 221 West Fourth
Street, for Class "B" Liquor License.
#2001-48 - Approving Acquisition of Utility Easement Located on Roberts Street East of
Broadwell Avenue, South of McCain Foods bv the Millard Warehouse (Waste Connections of
Nebraska, Inc.).
#2001-49 - Awarding Bid for Truck Mount Sludge and Compost Mixer to Nebraska Truck and
Equipment Company Inc., Lexington, Nebraska, in the Amount of$40,900.00 net.
#2001-50 - Awarding Bid for Pavement Marking Lane Line Striper to Linear Dynamics, Inc.
Omaha, Nebraska in the Amount of$36,195.00.
#2001-51 - Awarding Bid for Breathing Air System Compressor to Heiman Fire Equipment,
Ashton, Iowa, in the Amount of$ll,OOO.OO.
#2001-52 - Awarding Bid for (2) Unmarked Police Cars to Hamilton Chevrolet, Grand Island,
Nebraska, in the Amount of$35,856.00.
#2001-53 - Approving Agreement with Boy Scouts of America for Use of Camp Augustine for
City Council Retreat.
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Page 5, City Council Regular Meeting, February 27,2001
#2001-54 - Approving Amendment of the Grand Island Future Land Uses Map Relative to
Bosse1man Travel Center.
#2001-55 - Approving Final Plat and Subdivision Agreement for Besselville Subdivison. It was
noted that Bosselman Incorporated, a corporation, owner, had submitted a final plat for
Bosselville Subdivision, a 65.251 acre tract of land located west of Highway 281 adjacent to
Wood River Road for the purpose of creating 17 lots on a currently unplatted parcel of ground
located in the SII2 of the SWII4 of the SEII4 of Section 13-10-10 and the E1I2 of the NEII4 of
Section 24-10-10.
#2001-56 - Approving Final Plat and Subdivision Agreement for Rauert Acres Subdivision. It
was noted that Donald E. Rauert and Jean M. Rauert, owners, had submitted a final plat for
Rauert Acres Subdivision, a 6 acre tract ofland located north of Abbot Road and east of Monitor
Road for the purpose of creating 1 lot on a currently unplatted parcel of ground located in the
SII2 of the SWII4 of Section 27-12-10.
#2001-57 - Approving Discontinuation of Sanitary Sewer District #498, Western Heights Fourth
Subdivision.
#2001-58 - Setting March 27,2001 for Board of Equalization for Weed Abatement Program.
#2001-59 - Approving Waiver/Fine Schedule.
Jesse Gilmer, Chuyen Ngo and Heinz Schaffner representing Best Western Riverside Inn were
introduced and welcomed by Mayor Gnadt.
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:
#8660 - Consideration of Rezoning a Parcel of Land Located in Section 13-10-10 from
TD Travel Development and AG Agricultural Zone to B2 General Business
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. Counci1member
Murray seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this ordinance? No testimony was heard.
City Clerk: Ordinance #8660, 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.
City Clerk: Ordinance #8660, 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.
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Page 6, City Council Regular Meeting, February 27,2001
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8660, is declared to be lawfully passed and adopted upon publication as required by law.
RESOLUTIONS:
#2001-60 - Consideration of Annexation of the Lutheran School Area, Approve and Adopt
Annexation Plan and Schedule Public Hearing for March 13, 2001. Charlie Cuypers, City
Attorney, reported that Heartland Lutheran High School had virtually completed construction of
its building on a 24 acre tract located north of Husker Highway and east of North Road. The
school was being provided with electrical, water and sanitary sewer service by the City of Grand
Island and the Public Works Department provides routine street maintenance on North Road.
Because the school was being provided with all public services except police, fire, and
emergency medical services it had been recommended that the school land be annexed and these
remaining services be provided. A plan for annexation had been drafted. Currently it appears that
the school property will be exempt from real estate property taxes. The Regional Planning
Commission had recommended this annexation at their February 7, 2001 meeting. Approval of
the plan and setting the proposed annexation for hearing was recommended. Motion by
Sorensen, second by Whitesides, carried unanimously to approve.
PAYMENT OF CLAIMS:
Chuck Haase, 3024 Colonial Lane, questioned the omission of a claim he submitted in the
amount of $4,244.25 associated with his suspension and retirement from City Hall. Charlie
Cuypers, City Attorney, stated that the claim was invalid because 1.) it was not filed within the
90 days required by state law and 2.) the expenses fell within the terms of Haase's separation
agreement. Councilmember Whitesides requested this claim to be placed on the next regular
council meeting.
Motion by Whitesdies, second by Murray, carried unanimously to approve the Claims for the
period of February 7,2001 through February 27,2001, claims #102965, #102609 and #102103
through #102994 for a total claims amount of $2,066,066.91.
ADJOURNMENT: The meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Qcf\~ illw~
RaNae Edwards
City Clerk