05/21/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 21,2002
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 May 21, 2002. Notice of the meeting was given in the Grand Island Independent on
May 15,2002.
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 RaN ae Edwards, City Attorney Charlie Cuypers, Public Works Director Steve Riehle
and Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Dr. James
Keyser, Trinity United Methodist Church, 511 North Elm Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: 12 individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Kenneth Hasenauer, Utility Employee for 20 Years of Service. Mayor Gnadt and
the City Council recognized Kenneth Hasenauer for his 20 Years of Service in the Utility
Department. Gary Mader, Utilities Director introduced Kenneth Hasenauer.
Proclamation "Emergency Medical Services Week" May 19-25, 2002. Mayor Gnadt proclaimed
the week of May 19-25, 2002 as "Emergency Medical Services Week". Larry Nelson, EMS
Division Chief was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request of Raymond O'Connor for Change of Land Use Designation for
Property Located in Part of the SWIM of the SEl/4 of Section 14, Township 1 L Range 10 from
AG to R1 and R2. Chad Nabity, Regional Planning Department Director reported that Raymond
O'Connor, had submitted a request to rezone approximately 25 acres of land located North of
Old Potash Highway, and east of Shoemaker Elementary School from AG to R1 and R2. The
purpose of the request was to rezone the property to allow residential housing. The Regional
Planning Commission, at their meeting of May 1, 2002, with 7 members voting in favor and 1
member abstaining, voted to approve the request. Bill Francis, Attorney, representing Raymond
O'Connor spoke in favor. No further public testimony was heard.
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Page 2, City Council Regular Meeting, May 21, 2002
Public Hearing on Acquisition of Utility Easement Located at 3045 North U.S. Highway 281.
(Kramer's Auto Parts and Iron Company, Inc.) Gary Mader, Utilities Director reported that
acquisition of a utility easement relative to property of Kramer's Auto Parts and Iron Company,
Inc. located at 3405 North U.S. Highway. 281, was required in order to have access to install,
upgrade, maintain, and repair power appurtenances. This easement would be used to facilitate a
new pad mounted transformer. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located in the Southwest Comer of 3015
West North Front Street. (Oh Ho Partnership) Gary Mader, Utilities Director reported that
acquisition ofa utility easement located in the southwest comer of property located at 3015 West
North Front Street, was required in order to have access to install, upgrade, maintain, and repair
power appurtenances. This easement would be used as a site for a pad mounted transformer to
serve a new apartment building No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on East Highway 30 and Shady Bend
Road. (GIA, Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at East Highway 30 and Shady Bend Road, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used in the
extension of both overhead and underground distribution lines to a new pad mounted
transformer. No public testimony was heard.
Public Hearing on Request of Westside Bowling Lanes, Inc., dba Huddle Lounge, 112 Kaufman
Avenue for Class "K" Liquor License. RaNae Edwards, City Clerk reported that Westside
Bowling Lanes, Inc. dba Huddle Lounge, 112 Kaufman Avenue, had submitted an application
with the City Clerk's Office for a catering license in conjunction with their Class "C-4162"
Liquor License currently held. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on May 8,
2002; notice to applicant of date, time and place of hearing mailed on May 8, 2002; notice to the
general public of date, time and place of hearing published on May 12, 2002; Chapter 4 of City
Code and departmental reports as required by City Code. 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:
#8721 - Consideration of Conveyance of Real Estate in Meadowlark West Third
Subdivision and Part of the SE1/4 NE1I4 of Section 13-11-10 Hall County, Nebraska to
Reconfigure Detention Cell
#8736 - Consideration of Creating Sanitary Sewer District #505, Livengood, Sharon
Rose and Rapien Subdivisions and Part of Sections 15-11-9 and 10-11-9
#8737 - Consideration of Change of Land Use Designation for Part of the SW1I4 of the
SE1I4 of Section 14-11-10 from AG Agricultural to R1 Suburban Residential and R2
Low Density Residential
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Page 3, City Council Regular Meeting, May 21,2002
#8738 - Consideration of Deleting Chapter 2, Article X from the Grand Island City Code
Relative to the Grand Island Heritage Zoo
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 these 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
Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? Bill Francis, Attorney
spoke in support of Ordinance #8736. Randy Rapien, 226 Lakeside Drive spoke in opposition to
Ordinance #8736. No further public testimony was heard.
City Clerk: Ordinances #8721, #8736, #8737 and #8738 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. Councilmember Pielstick voted no on Ordinance #8736 and #8737. Councilmember
Haase voted no on Ordinance #8736. Motion adopted.
City Clerk: Ordinance #8721, #8736, #8737 and #8738 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. Councilmember Pielstick voted no on Ordinance #8736 and #8737. Councilmember Haase
voted no on Ordinance #8736. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8721, #8736, #8737 and #8738 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 ordinance numbered:
#8739 - Consideration to Refer Annexation Areas to the Regional Planning Commission
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 this 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
Hornady seconded the motion. Upon roll call vote, Councilmembers Ward, Seifert, Larson,
Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmember Pielstick
voted no. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? Rollie Reynolds, 239
Lakeside Drive; Randy Rapien, 226 Lakeside Drive and Willie Skala, 323 Mallard Lane spoke in
opposition. City Attorney Charlie Cuypers explained that approving Ordinance #8739 was the
first step in the process and that this item would come before the Council again at least four
times. No further public testimony was heard.
City Clerk: Ordinance #8739 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Ward, Seifert,
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Page 4, City Council Regular Meeting, May 21,2002
Larson, Homady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmember
Pielstick voted no. Motion adopted.
City Clerk: Ordinance #8739 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Ward, Seifert,
Larson, Homady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmember
Pielstick voted no. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8739 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Items G-9, G-19, G-20 and G-28 were removed from the Consent
Agenda. Motion by Pielstick, second by Sorensen, carried unanimously to approve the Consent
Agenda excluding items G-9, G-19, G-20 and G-28.
Receipt of Official Document - Civil Service Minutes of April 9, 2002.
Approving Appointment of Paul A. Leeper to the Civil Service Commission.
Approving Appointments of Bob Sorensen and Ann Marsh to the Central District Health Board.
Approving Appointments of Gerald Bryant and Mike Kneale to the Library Board.
Approving Minutes of May 7, 2002 City Council Regular Meeting. Councilmember Pielstick
abstained.
Approving Minutes of May 14, 2002 City Council Study Session.
Approving Request of Westside Bowling Lanes, Inc. dba Huddle Lounge, 112 Kaufinan Avenue
for Class "K" Liquor License.
Approving Request of George P. Kurtz, 616 Pheasant Place for Liquor Manager Designation for
Albertson's, Inc. dba Albertson's Express #2265, 1235 Allen Drive.
#2002-56 - Approving Reconfiguration of Detention Cell Including Acquisition of Real Estate
and Approval of Exchange Agreement.
#2002-78 - Approving Final Plat and Subdivision Agreement for Meadowlark West Fourth
Subdivision. It was noted that Robert M. Allen Family Limited Partnership, owners, had
submitted the final plat for Meadowlark West 4th Subdivision, located South of 13th Street,
and West of Webb Road for the propose to develop 15 lots and lout lot.
#2002-132 - Approving Acquisition of Utility Easement Located at 3405 North U.S. Highway
281. (Kramer's Auto Parts and Iron Company, Inc.)
#2002-133 - Approving Acquisition of Utility Easement Located at 3015 West North Front
Street. (Oh Ho Partnership)
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Page 5, City Council Regular Meeting, May 21,2002
#2002-134 - Approving Acquisition of Utility Easement Located on East Highway 30 and Shady
Bend Road. (G.I.A., Inc.)
#2002-135 - Approving Joint Reporting Agreement with Nebraska Public Power District and the
City of Grand Island.
#2002-136 - Approving Bid Award for Turbine Control System Equipment with GE Global
Services, Loveland, Colorado in the Amount of$405,000.00.
#2002-137 - Approving Bid Award for Generator Excitation Control Equipment with GE Global
Services, Loveland, Colorado in the Amount of$134,380.00.
#2002-138 - Approving Bid Award for Wildwood Railroad Crossing Replacement with
Railworks Track Systems, Inc., Grand Island, Nebraska in the Amount of$40,82l.90.
#2002-139 - Approval to Proceed with Engineering Services for Corrosion Control System
Implementation with CH2M Hill, Englewood, Colorado in an Amount not to exceed $63,288.00.
#2002-141 - Approving Bid Award for Asbestos Removal at Old City Hall with Environmental
Direct, Grand Island, Nebraska in the Amount of $96,487.00.
#2002-142 - Approving Bid Award for Sanitary Sewer District #503, Gosda Subdivision with
The Diamond Engineering Company, Grand Island, Nebraska in the Amount of $39,212.90.
#2002-143 - Approving Certificate of Final Completion for Street Improvement District
#1238, Tech Drive with The Diamond Engineering Company, Grand Island, Nebraska and
Setting June 25, 2002 for the Board of Equalization to Determine Benefits and Set
Assessments.
#2002-144 - Approving Certificate of Final Completion for Island Landscape Proiect No. L
2001 with Partridge Construction, Inc., Grand Island, Nebraska.
#2002-145 - Approving Bid Award for Shoemaker Hike/Bike Trail with Galvan Construction,
Grand Island, Nebraska in the Amount of $274,491.00.
#2002-146 - Approving Certificate of Final Completion for Ball Field Lighting at George Park
with Ensley Electrical Services, Grand Island, Nebraska.
#2002-147 - Approving Certificate of Final Completion for Filter Face Piping Repairs at Island
Oasis Water Park with Neuman Pools, Beaver Dam, Wisconsin.
#2002-149 - Approving Partial Waiver of Water and Sewer Connection Fee Located on Block 3,
Ponderosa Lake Estates Third Subdivision.
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Page 6, City Council Regular Meeting, May 21,2002
#2002-150 - Approving Construction Engineering Services with Olsson Associates for
Shoemaker Trail Proiect in an Amount not to exceed $29,750.00.
Approving Preliminary Plat for Country Meadows Subdivision. It was noted that Raymond
O'Connor, owner, had submitted the preliminary plat for Country Meadows Subdivision, located
North of Old Potash Highway and East of Shoemaker Elementary School for the propose to
develop an unplatted parcel of land into 83 lots.
Motion was made by Murray, second by Larson to approve. Councilmember Seifert questioned
curbs and gutters. Steve Riehle, Public Works Director stated that this subdivision would be in
compliance with sewer, water and curbs. Upon roll call vote. Councilmembers Ward, Seifert,
Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmember
Pielsick voted no. Motion adopted.
#2002-140 - Approving Final Plat and Subdivision Agreement for Country Meadows
Subdivision. It was noted that Raymond 0 I Connor, owner, had submitted the final plat for
Country Meadows Subdivision, located North of Old Potash Highway and East of Shoemaker
Elementary School for the propose to develop 39 lots on a currently unplatted parcel of land.
Motion was made by Murray, second by Larson to approve Resolution #2002-140. Upon roll
call vote. Councilmembers Ward, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen voted aye. Councilmembers Pielsick and Seifert voted no. Motion adopted.
#2002-148 - Approving Public Sidewalk Plans in the Vicinity of Seedling Mile, Stolley Park and
Engelman Elementary Schools. Motion was made by Larson, second by Ward to approve
Resolution #2002-148. Dan Yenny, 2805 East Seedling Mile Road and Charlie Mefferd, 2725
East Seedling Mile Road opposed Resolution #2002-148. Rick Schroder, 3407 Gregory Street;
Shelly Anderson, 3712 East Seedling Mile Road; Tom Brown, 2510 Commerce Avenue; Tom
Noble, 1715 Hudson Circle; Jeff Gilbertson, Principal at Stolley Park and Seedling Mile
Schools; Randy Rapien, 226 Lakeside Drive; Deidre Mack, 112, Villa Mar Dee Avenue and
Tom O'Neill, 804 West Stolley Park Road spoke in favor.
Councilmember Sefiert offered a friendly amendment to the motion to have the sidewalks
completed by the 2002 fall school year. Upon roll call vote, all voted aye. Motion adopted.
PUBLIC HEARING
Public Hearing to Consider Revocation of Conditional Use Permit for Automobile Wrecking
Yard, Oakleaf Auto Crushing, 1803-1911 Eldorado Street. Charlie Cuypers, City Attorney
reported that the Mayor and City Council had received copies of a letter dated May 1, 2002,
advising Craig Oakleaf, d/b/a Oakleaf Auto Crushing, of the intent of the City Attorney's Office,
Code Compliance Officer and Building Department to conduct a public hearing to consider
revocation of the conditional use permit for the automobile wrecking yard operated at 1803-1911
Eldorado Street, Grand Island, Hall County, Nebraska.
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Page 7, City Council Regular Meeting, May 21,2002
The business had been in operation for more than two decades, accompanied by virtually
continual enforcement action going back to at least October 13, 1981, at which time Oakleaf
Auto Crushing was sent a letter by then Assistant City Attorney William Shreffler, advising the
manager of complaints regarding junked vehicles and junked vehicle parts being stored outside
the fence in the public right-of-way and that the fence did not meet the requirements set forth in
the Grand Island City Code requiring that it be at least eight feet in height and site obscuring in
nature. Additional correspondence was sent periodically to this business over the years and
virtually innumerable personal conversations had been conducted between city staff and manager
Craig Oakleaf
The results of the conversations had been periodic minimal improvements related solely to
removing junked vehicles, vehicle parts and salvage materials from Eldorado Street but there had
never been any significant progress toward lowering the height of the stacks of material which
reach above the fence and the business had continued to use Lot 18, Frank P. Bark's Subdivision
No.2 adjacent to the west side of the yard in violation ofthe Grand Island Zoning Code. Because
the adjacent property is zoned R4, it cannot be used as a salvage yard or for any of the uses to
which Oakleaf Auto Crushing had been utilizing the property for a number of years.
The City had received repeated promises during the course of many visits with Mr. Oakleaf that
corrections and improvements would occur but as mentioned earlier, other than removing
temporarily junk from Eldorado Street temporarily, nothing had changed.
It was recommended that the conditional use permit be revoked so that the City could proceed to
bring the operation to closure. As an alternative, the Grand Island City Council could revoke the
existing conditional use permit and reissue a new permit with additional conditions and
periodically review opportunities
Craig Lewis, Building Department Director and Tim Holloway, Code Compliance Officer spoke
regarding the conditions over the years of this property. Jim Wagoner, Attorney for Oakleaf
Auto; Craig Oakleaf, 1911 Eldorado Street; Larry Cook, 517 West 4th Street and Gary Quandt
3111 Magnolia Road spoke in opposition.
REQUESTS AND REFERRALS:
Consideration of Revocation of Conditional Use Permit for Automobile Wrecking Yard, Oakleaf
Auto Crushing, 1803-1911 Eldorado Street. Charlie Cuypers, City Attorney reported that this
item related to the aforementioned Public Hearing.
Motion by Ward, second by Larson, to approve the revocation of Conditional Use Permit for
Oakleaf Auto Crushing. Councilmember Haase questioned how many other salvage yards had
been sent letters. City Attorney Charlie Cuypers stated that they have had contact with several
others. Councilmember Pielstick was concerned about putting Oakleaf out of business but was
more concerned about meeting the City Code regulations.
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Page 8, City Council Regular Meeting, May 21, 2002
Councilmember Whitesides made a motion to table this matter until the June 11, 2002 Regular
Meeting to give staff time to look into changing the City Code. Second by Sorensen. Upon roll
call vote, all voted aye. Motion adopted.
Councilmember Pielstick recommended referring this property to the Problem Resolution Team
for review over the next year to keep them in compliance. Councilmember Murray stated that he
would like to see new conditional use permits with time lines and regulations. Councilmember
Larson stated his concern of City staff's time put into this issue over the last 20 years. City
Attorney Charlie Cuypers stated that he would be looking at new conditional use permits for all
salvage yards with an annual review.
Consideration of Leroy and Arlene Kramer for Extension of Non-Conforming Use at 3405 North
U.S. Highway 281. Craig Lewis, Building Department Director reported that this item related to
the aforementioned Public Hearing. A requested was submitted by Leroy and Arlene Kramer of
Kramer's Auto Parts & Iron Co. Inc. for approval of an extension of a non-conforming use at
3405 North U.S. Highway 281. The request was to allow for the construction of a 50'x50'
building addition to accommodate a bailer for the processing of metals. Council approval was
required as the property was zoned T -A Transitional Agriculture and that zoning classification
does not allow for the present use. The use was in existence prior to zoning restriction creating
a legal non-conforming use. Any expansions, extensions, or additions to the legal non-
conforming use must by section 36-86 of the City Code be approved by the City council.
Motion by Larson, second by Sorensen, carried unanimously to approve the request. Motion
adopted.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Homady, carried unanimously to approve the Claims for the
period of May 8, 2002 through May 21,2002, for a total amount of$2,463,524.21.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
Respectfully submitted,
QJ\Q9- IDw~
RaNae Edwards
City Clerk