06/26/2001 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 26, 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 June
26,2001. Notice of the meeting was given in the Grand Island Independent on June 20, 2001.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City
Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle and
City Attorney Charlie Cuypers.
PLEDGE OF ALLEGIANCE was said followed by INVOCATION given by Pastor Richard Bacon,
First Christian Church.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on
agenda items.
BOARD OF EOUALIZATION: Motion by Pielstick, second by Whitesides, carried unanimously to
adjourn to the Board of Equalization.
#2001- BE-9 - Determining Benefits for Street Improvement District # 1232. Grand West
Subdivision. Steve Riehle, Public Works Director, reported that Street Improvement District #1232,
Grand West Subdivision, was established February 7, 2000 by Ordinance #8556, in order to provide
paving, curbing, guttering, storm drainage, and other incidental work and that it was appropriate to
conduct a hearing and determine the benefits and assessments for Street Improvement District #1232.
Motion by Murray, second by Sorensen, carried unanimously to approve.
RETURN TO REGULAR SESSION: Motion by Pielstick, second by Sorensen, carried unanimously
to Return to Regular Session.
PUBLIC HEARINGS:
Public Hearing Concerning Rezoning a Parcel of Land Located in the Nll2 of the SEl/4 of Section
14-11-10 from TA Transitional Agricultural to Rl Suburban Residential and R2 Low Density
Residential. Chad Nabity, Regional Planning Director, reported that Rudy Plate and Tim Plate
representing Plate Realty, had submitted a request to rezone approximately 50.605 acres of land
located west of North Road and south of Faidley Street from TA Transitional Agricultural to R1
Suburban Residential and R2 Low Density Residential. It was noted that the purpose of the request
was to rezone the property to allow development of the remainder of the Westwood Park
Subdivision. No public testimony was heard.
Public Hearing Concerning Changes to Chapter 36 of the Grand Island City Code Relative to AC
Zoning Overlay for Signs. Chad Nabity, Regional Planning Director, reported that approval of
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Page 2, City Council Regular Meeting, June 26, 2001
changes to Chapter 36-31 of the Grand Island City Code relative to AC Arterial Commercial Zone
for signs was required along South Locust Street corridor from Stolley Park Road to Highway 34.
The AC district is only in existence along the South Locust corridor from Highway 34 to Fonner Park
Road. The City is in the process of improving South Locust from Stolley Park Road to Highway 34.
Requested changes include this stretch of South Locust Street. No public testimony was heard.
Public Hearing on Application for a Conditional Use Permit of Libertv Park. Inc.. for a Community
meeting Place Located at 5020 West Highway 30. AIda. Nebraska. Craig Lewis, Building
Department Director, reported that Charlene Goeden, Robert Connolly and Norma Wampler
representing Liberty Park, Inc., 5020 West Highway 30, AIda, Nebraska, had submitted an
application with the City Clerk's Office for a Conditional Use Permit for a community meeting place
for the exchange of goods and services located at 5020 West Highway 30, AIda, Nebraska. Tom
Wagoner, Attorney representing the applicants spoke in favor. No additional public testimony was
heard.
Public Hearing on Request of iPCS Wireless. Inc.. for a Conditional Use Permit for a
Telecommunications Tower at 1612 South Webb Road. Craig Lewis, Building Department Director,
reported that Scott Armes representing iPCS Wireless, Inc., 1624 South Webb Road, had submitted
an application with the City Clerk's Office for a Conditional Use Permit for construction of a 190'
telecommunications tower located at 1624 South Webb Road. Scott Armes representing iPCS
Wireless, Inc. spoke in favor. No additional public testimony was heard.
Public Hearing on Request of Omaha Paper Stock Co.. Inc.. for Modifying Existing Conditional Use
Permit to Include Additional Land to be Purchased for Warehouse. Rail Track and Fencing at 1215
East Highway 30. Craig Lewis, Building Department Director, reported that Jeff Epstein, President,
Omaha Paper Stock Company, Inc., had submitted an application with the City Clerk's Office for a
Conditional Use Permit to modify existing conditional use permit to include additional land to be
purchased. John Brownell, Attorney and Glendale Reiss, 910 North Boggs, spoke in support. No
additional public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located in Lincoln Pool Subdivision. Steve
Paustain, Parks and Recreation Director, reported that acquisition of utility easement located adjacent
to the property on which the Lincoln Park Wading Pool is to be located, was required in order to
provide utility services. 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 ordinances numbered:
#8678 - Consideration of Establishing Assessment for Street Improvement District #1232,
Grand West Subdivision
#8679 - Consideration of Rezoning a Parcel of Land Located in the N1I2 of the SE1I4 of
Section 14-11-10 from TA Transitional Agricultural to R1 Suburban Residential and R2 Low
Density Residential
#8680 - Consideration of Amendment to Chapter 36 of the Grand Island City Code Relative
to AC Zoning Overlay for Signs
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Page 3, City Council Regular Meeting, June 26, 2001
#8681 - Consideration of Vacation of Portion of Lester Street From the Western Boundary of
Lots 2 and 13 East to the Eastern Boundary of Lot 1, Bachman Subdivision and Lester
Subdivision and Conveyance of Vacated Lester Street to Wilson Concrete Company
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 Murray
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: It there anyone in the audience interested in these ordinances? There was no comment.
City Clerk: Ordinances #8678, #8679, #8680 and #8681 on 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.
City Clerk: Ordinances #8678, #8679, #8680 and #8681 on 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.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8678, #8679, #8680 and #8681 are declared to be lawfully passed and adopted upon publication as
required by law.
CONSENT AGENDA: Motion by Murray, second by Pielstick, carried unanimously to approve the
Consent Agenda.
Receipt of the Following Official Documents: Civil Service Minutes of May 9.2001 and Tort Claim
Filed by Florence Dubas.
Approving Minutes of June 1 L 2001 Joint City/County/Health DelJartment Meeting.
Councilmembers Pielstick and Homady abstained.
Approving Minutes of June 12.2001 City Council Regular Meeting.
Approving Request of Central Nebraska Ethnic Festival for Special Designated Liquor License for
July 27-29.2001.
Approving Request of Randy Parks. 2907 Independence Avenue. for Liquor Manager Designation
for U-Save Foods. Inc. dba U-Save Foods #12.3420 West State Street.
Approving Appointments ofCale NeaL Ann Marsh and Dr. Janice Kutilek to Board of Health.
Approving Request for Preliminary Plat for Westwood Park Subdivision. It was noted that Rudy
Plate and Tim Plate representing Plate Realty, had submitted a preliminary plat for Westwood Park
Subdivision located south of Faidley Avenue, north of Potash Road and west of North Road and that
this plat purposed to create 95 lots on a currently unplatted parcel of ground located in the N1/2 of
the SEl/4 of Section 14-11-10.
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Page 4, City Council Regular Meeting, June 26, 2001
Approving Conditional Use Permit for iPCS Wireless, Inc. for a Telecommunications Tower Located
at 1612 South Webb Road. It was noted that receipt of two items as required by the application
would be necessary before the permit would be issued.
#2001-162 - Approving Acquisition of Utility Easement Located in Lincoln Pool Subdivision.
#2001-163 - Awarding Bid for 2001 Chevrolet Malibu Under State Contract to Husker Auto,
Lincoln, Nebraska, in the Amount of$14,687.77.
#2001-164 - Awarding Contract for Cooling Tower Fan Replacement to Midwest Towers, Lee's
Summit, Missouri, in the Amount of$89,661.03.
#2001-165 - Awarding Bid for 500 MCM Power Cable to Dutton-Lainson, Hastings, Nebraska, in
the Amount of $88,956.00.
#2001-166 - Awarding Contract for Housing Study to Hanna:Keelan, Lincoln, Nebraska, in the
Amount of$20,000.00.
#2001-167 - Awarding Contract for Skate Park Equipment for Pier Park to American Ramp
Company, Joplin, Missouri, in the Amount of$104,244.12. Students from the Skate Park Committee
were recognized and thanked by Steve Paustain, Parks and Recreation Director, for their efforts in
reviewing the needs for the Sake Park.
#2001-168 - Approving Change Order #2 to Contract for Downtown Alley Proiect - Phase II at a
Net Increase of $508,440.43 for a Revised Contract Amount of $ 1,249,560. 12.
#2001-169 - Approving Stop Signs on Howard Avenue at lOth Street.
#2001-170 - Approving Donation of Surplus Ambulance to Phillips Volunteer Fire Department &
Quick Response Team in the Amount of$I.00.
#2001-171 - Approving Emergency Repairs to Storm Sewer on Pine Street Located South of the Fire
Station in the Amount of $12,968.88 to The Diamond Engineering Company, Grand Island,
Nebraska.
REQUESTS AND REFERRALS
Request to Modify the Current Name of the Grand Island Municipal Golf Course. Steve Paustain,
Parks and Recreation Director, reported that a name change for the Grand Island Municipal Golf
Course had been requested. Typically in the minds of many, "municipal course" indicates an inferior
golf course. As this is not the case for the Grand Island Municipal Course, it had been suggested that
a contest be developed to "name the golf course" with staff developing guidelines and moving
forward with the project. Motion by Sorensen, second by Hornady, carried unanimously to approve.
Request for Conditional Use Permit for Liberty Park Inc. Located at 5020 West Highway 30, AIda,
Nebraska. Craig Lewis, Building Department Director, reported that Charlene Goeden, Robert
Connolly and Norma Wampler, had submitted an application with the City Clerk's Office for a
Conditional Use Permit for a community meeting place for the exchange of goods and services
located at 5020 West Highway 30, AIda, Nebraska. Charlie Cuypers, City Attorney, recommended
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Page 5, City Council Regular Meeting, June 26, 2001
that the conditional use permit not be issued until the trailer houses are removed and meet City Code.
Motion by Sorensen, Second by Murray, carried unanimously to approve.
Request of Modification to Existing Conditional Use Permit for Omaha Paper Stock Co.. Inc.
Located at 1215 East Highwav 30. Craig Lewis, Building Department Director, reported that Jeff
Epstein, President, Omaha Paper Stock Company, Inc., had submitted an application with the City
Clerk's Office for a Conditional Use Permit to modify existing conditional use permit to include
additional land to be purchased. Motion by Sorensen, second by Whitesides, carried unanimously to
approve.
RESOLUTIONS:
#2001-172 - Approving Revocation of Conditional Use Permit for Omaha Paper Stock. Inc. Located
at 1215 East Highwav 30. Craig Lewis, Building Department Director, reported that on August 29,
2000, City Council approved a Conditional Use Permit for Omaha Paper Stock Company, Inc. of
Omaha, Nebraska to operate a paper and cardboard recycling, loading, warehouse and shipping
business at 1215 East Highway 30. At the May 22,2001 City Council Regular Meeting, the Council
held a public hearing for the revocation of the Conditional Use Permit for violation of conditions as
set out in the permit. At that meeting a motion was made to table the revocation until June 26, 2001,
giving Omaha Paper Stock Company, Inc. time to comply with the conditions.
Councilmember Pielstick voiced concerns about Omaha Paper Stock waiting until the deadline to
meet the requirements of the existing conditional use permit conditions. Counci1member Larson
stated that the City needs new businesses, but felt that the companies needed to be responsible and
recommended that an inspection be conducted every 3 months for at least a year. Charlie Cuypers,
City Attorney, recommended the Problem Resolution Team (PRT) conducting the inspections. Jerry
Slusky, Attorney representing Omaha Paper Stock, Inc., and John Brownell, spoke in support of
continuing the conditional use permit. Motion by Sorensen, second by Walker, to revoke the
Conditional Use Permit for Omaha Paper Stock, Inc. Motion failed unanimously.
#2001-173 - Consideration of Adoption of Fee Schedule. David Springer, Finance Director,
reported that in conjunction with the development of the Fiscal Year 2001-2002 Annual Budget, it
was recommended that the user fee schedule be amended to reflect adjustments based on the cost of
providing services. Fees are contained in individual chapters of City Code as well as in the user fee
schedule. Steve Paustain, Parks and Recreation Director, spoke concerning the water park fees.
Motion by Sorensen, second by Ward, to approve the Fee Schedule. Upon roll call vote,
Counci1members Pie1stick, Ward, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen voted aye. Counci1member Seifert voted nay.
#2001-174 - Approving Resolution Amending Policy Regarding Budgeting and Capital
Expenditures. Motion by Seifert, second by Larson to approve Resolution #2001-174 Amending the
Policy Regarding Budgeting and Capital Expenditures, requiring special accounting for sales tax
revenues in the City budget and preparation of an annual sales tax use plan. Also included were
tracking of property tax reductions and elections for capital improvement projects, excluding street
and highway construction, funded with $1,000,000 or more of property and/or sales tax revenue. It
had been suggested that it would be appropriate to reconsider Resolution #94-066 in light of new
state legislation relating to the Nebraska Budget Act and Budget Limitations that required
preparation of a budget statement as part of the annual budgeting process of the City and defined
certain restricted funds.
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Page 6, City Council Regular Meeting, June 26,2001
Councilmember Pielstick made a friendly amendment that would require 8 Council votes to approve
capital projects over $1,000,000. The friendly amendment was not approved by Councilmember
Seifert. Tom O'Neill, 804 West Stolley Park Road spoke in opposition. Upon roll call vote,
Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray and Walker voted aye.
Councilmembers Pielstick and Sorensen voted nay.
#2001-175 - Approving Bus Service for Island Oasis Water Park. This item was removed from the
agenda for further study.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Seifert, carried unanimously to approve the Claims for the period
of June 13,2001 through June 26, 2001, claims #107422, #107605, #107646 and #107315 through
#107985 for a total claims amount of $2,364,222.03.
EXECUTIVE SESSION: Motion by Hornady, second by Sorensen, to adjourn to Executive Session
for the purpose of discussing acquisition of real estate. Motion was adopted unanimously at 8:30 p.m.
RETURN TO REGULAR SESSION: Motion by Pielstick, second by Whitesdies, carried
unanimously to return to Regular Session at 9:38 p.m.
ADJOURNMENT: The meeting was adjourned at 9:38 p.m.
Respectfully submitted,
Qf\~ W~
RaNae Edwards
City Clerk