09/10/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 10, 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 September 10, 2002. Notice of the meeting was given in the Grand Island Independent
on September 4, 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 Marian Ferguson,
City Clerk RaNae Edwards, Public Works Director Steve Riehle and Finance Director David
Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Youth Minister
Brian Pielstick, Independent Bethel Baptist Church, 1223 East 6th Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Ten individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Always Remember 9-11 Day", September 11, 2002. Mayor Gnadt proclaimed
September 11, 2002 as "Always Remember 9-11 Day" and encouraged all citizens to honor the
victims of September 11 by reaffirming their commitment to sustaining our newfound patriotism
through volunteerism, community involvement, and service.
ADJUOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Sorensen,
carried unanimously to adjourn to the Board of Equalization.
#2002-BE-6 - Determining Benefits for Business Improvement District #2, Downtown. Motion
by Murray, second by Whitesides, to approve Resolution #2002-BE-6 carried unanimously.
#2002-BE-7 - Determining Benefits for Business Improvement District #3, South Locust Street
from Highwav 34 to Stolley Park Road. Motion by Murray, second by Whitesides, to approve
Resolution #2002- BE- 7 carried unanimously.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Sorensen, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
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Page 2, City Council Regular Meeting, September 10, 2002
Public Hearing on Request of Stalker Development, Ltd., Harry Stalker, President for
Conditional Use Permit for Temorarv Placement of a Hot Dog Stand Located at 410 South Webb
Road. Chad Nabity, Regional Planning Director, reported that Harry Stalker, President of Stalker
Development, Ltd., 410 South Webb Road, had submitted an application with the City Clerk's
Office for a Conditional Use Permit to allow for a 14' x 33' mobile kitchen to be used as a hot
dog stand for drive-in customers at 410 South Webb Road. A conditional use permit was
required as the applicant is requesting utility connections to this temporary building. No public
testimony was heard.
Public Hearing Concerning Change to the Grand Island Zoning Ordinance to Allow Self Storage
Facilities in TZ Transitional Agriculture and B2 General Business Zone. Chad Nabity, Regional
Planning Director, reported that this item would change the Grand Island Zoning Ordinance to
define and allow self-storage facilities within various zoning districts as presented, as requested
by Bryce Bartu. Mr. Nabity also stated that at the regular meeting of the Regional Planning
Commission on August 7, 2002, they voted to recommend approval of this item with 6 members
present voting for, 2 members voting against, and 1 member abstaining. Ron Depue, Attorney for
Bryce Bartu spoke in favor. The following people spoke in opposition: Virginia Stevens, 3035
North Webb Road; Golda Bockbrader, 3005 North Webb Road; Carol Swanson, 3023 North
Webb Road; and Amy Norton, 3131 North Webb Road. No further public testimony was heard.
Public Hearing to Consider Revisions to the Grand Island Zoning Ordinance Pertaining to
Salvage Yards and Conditional Use Permits. Chad Nabity, Regional Planning Director, reported
that this would change the Grand Island Zoning Ordinance Chapter 36 pertaining to salvage
yards, and conditional use permits. At the regular meeting of the Regional Planning Commission
on August 7, 2002, they unanimously voted to approve these changes. The proposed revisions
would update the definition of salvage yards to include items other than wrecked autos,
established a more complete set of standards for the physical items required in order to operate a
yard, such as sight obscuring fencing completely around the facility, proper storage of EP A
hazardous materials, and sets out in detail the process for reviewing violations by operators. Jim
Lennon representing Alter Scrap Processing and Tim Barts, 3371 North Highway 281 spoke in
opposition. No further 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 request was the annual Council
action to establish the occupation tax that supports the budget for Downtown Improvement and
Parking District #1. Assessments in this district were based upon an occupation tax on the public
space of the businesses operating within the District and were ordinarily paid by the business
occupants of the space. This district had been in place since 1975, and was primarily focused on
physical improvements such as the purchase and maintenance of parking lots and public green
areas, the alleyway improvement project, purchase of holiday decorations, flags, banners, trees,
parking monitoring, and snow removal and other activities as allowed by NE. Rev. Statutes 19-
4016-4038. The FY2002-2003 occupation tax factor was $00.1354 per square foot of public use
space, with a minimum annual fee of $104.72. This level was slightly higher than last year's tax
factor of $00.1260. The increase would allow for the continuation and completion of many of the
projects underway in the Downtown area. These projects were identified in the Downtown
Identity and Design Study and had been adopted as priorities of the Downtown Board. Efforts
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Page 3, City Council Regular Meeting, September 10, 2002
included: maintenance and care of the green space area in the downtown, including the pocket
park on South Front Street, Kaufman-Cummings Park, as well as the entryway signage, and
parking enforcement. 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 Nebraska State Statute
77-1601-02 required that the City of Grand Island conduct a public hearing if the property tax
request changed from one year to the next. The general property tax request increased from
$6,050,018 in FY2001-2002 to $6,480,000 for FY2002-2003, or an increase of $429,982. This
represented a 7.1 % increase in property tax dollars and a 0.3% decrease in the city of grand
Island's levy. The property tax request for Parking District #2, also known as the Parking Ramp
(Fund 271), decreased from $47,250 in FY2001-2002 to $30,018 for FY2002-2003, or a
decrease of $17,232. Parking District #2's levy decreased by 36.4%. The property tax request for
the Community Redevelopment Authority increased from $402,431 in FY2001-2002 to
$431,150 for FY2002-2003, an increase of$28,719. This represented a 7.1 % increase in property
tax dollars and no change in the CRA's levy. Mr. Springer stated the City Council needed to pass
a resolution by majority vote setting the property tax request for the General property tax at
$6,480,000, the Parking District #2 property tax at $30,180 and the Community Redevelopment
Authority property tax at $431,150. No public testimony was heard.
Public Hearing on Proposed Use of Local Law Enforcement block Grant Funds. Police Chief
Kyle Hetrick, reported that the Grand Island Police Department was eligible for federal LLEBG
funds annually. This year, the award was $33,593. Because of Hall County being federally
designated as a "disparate community", 25% of the funds would be awarded to the Hall County
Sheriffs Office. Our share, including the city match of $2,604, would be $23,432. These funds
were not to be used for personnel costs; just police equipment. Chief Hetrick also stated there
was a federal mandate that required a public hearing regarding the dispersing of the block grant
funds. Additionally, a grant advisory board meeting was held to discuss the funds allocation. In
September 2002, members of the grant advisory board consisting of Dr. Kent Mann, Jerry
Janulewicz, Carol Castleberry, Charlotte Lanzdorf, and Chief Hetrick discussed the 2001 grant.
The grant funds were tentatively allocated for the following: portable radios with replacement
batteries and chargers and for supplemental replacement and installation costs of wireless
communication equipment. No public testimony was heard.
Public Hearing on Request of GCB Restaurant Group, LLC dba Garden Cafe &
Bakery/Tiffany's Lounge, 3333 Ramada Road, for Class "C" Liquor License. City Clerk RaNae
Edwards, reported that Brian Lockman, Owner of GCB Restaurant Group, LLC dba Garden Cafe
& Bakery/Tiffany's Lounge, 3333 Ramada Road, had submitted an application with the City
Clerk's Office for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of
alcoholic beverages on and off sale within the corporate limits of the City. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on August 28, 2002; notice to applicant of date, time and
place of hearing mailed on August 28, 2002; notice to the general public of date, time and place
of hearing published on August 31, 2002; Chapter 4 of City Code and departmental reports as
required by City Code. No public testimony was heard.
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Page 4, City Council Regular Meeting, September 10, 2002
Public Hearing on Request of Daryl V. Harney dba Scooter's BBQ, 3234 West Schimmer Road,
for Class "C" Liquor License. City Clerk RaNae Edwards, reported that Daryl V. Harney dba
Scooter's BBQ, 3234 West Schimmer Road, had submitted an application with the City Clerk's
Office for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of
alcoholic beverages on and off sale within the corporate limits of the City. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on August 29, 2002; notice to applicant of date, time and
place of hearing mailed on August 29, 2002; notice to the general public of date, time and place
of hearing published on August 31, 2002; Chapter 4 of City Code and departmental reports as
required by City Code. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at Faidley and Weis Drive. (Farm
Credit Services) Gary Mader, Utilities Director, reported that acquisition of a utility easement
located at Faidley and Weis Drive (west of Webb Road), was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate both water and electric lines on the north side of the property and electric lines only on the
west side of the property. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located North of Husker and West of
Highway 281. (Pedcor Investments) Gary Mader, Utilities Director, reported that acquisition of a
utility easement located in the Pedcor Subdivision north of Husker Highway and west of
Highway 281, was required in order to have access to install, upgrade, maintain, and repair
power appurtenances. This easement would be used to locate underground cable and pad-
mounted transformers to serve new apartment buildings. 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:
#8762 - Consideration of Vacating Public Utility Easement at 2910 West 5th Street
#8763 - Consideration of Vacating Public Utility Easement at 2320 South Locust Street
#8764 - Consideration of Downtown Business Improvement District #2 Assessments
#8765 - Consideration of Downtown Business Improvement District #3, South Locust
Street from Highway 34 to Stolley Park Road, Assessments
#8768 - Consideration of Amendment to Chapter 13 of City Code Relative to Occupation
Tax for Downtown Improvement and Parking District #1 and Downtown Fees
#8770 - Consideration of Creation of Sidewalk District No.1, 2002
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? No public testimony was
heard.
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Page 5, City Council Regular Meeting, September 10, 2002
City Clerk: Ordinances #8762, #8763, #8764, #8765, #8768 and #8770 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 adopted.
City Clerk: Ordinance #8762, #8763, #8764, #8765, #8768 and #8770 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 adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8762, #8763, #8764, #8765, #8768 and #8770 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:
#8766 - Consideration Concerning Changes to the Grand Island Zoning Ordinance to
Define and Allow Self-Storage Facilities within the TA Transitional Agriculture and B2
General Business Zone
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 Murray seconded the motion. Upon roll call vote, Councilmembers Larson,
Whitesides and Murray voted yes. Councilmembers Pielstick, Ward, Seifert, Hornady, Haase,
Walker, and Sorensen voted no. Motion failed.
Motion was made by Murray and second by Larson to approve Ordinance #8766 on first
reading. Councilmembers Pielstick and Seifert voiced concerns about the owner of this
property beginning work before the zoning changes were in place. Councilmember Larson
questioned what was permitted on TA ground. Discussion was held concerning set backs,
location of storage units and appearances. Al Avery, 3125 North Webb Road spoke in
opposition. Upon roll call vote, Councilmembers Whitesides and Murray voted yes.
Councilmembers Pielstick, Ward, Seifert, Larson, Hornady, Haase, Walker and Sorensen
voted no. Motion failed.
Councilmember Larson requested this issue be brought back before Council at a Study Session.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8767 - Consideration Concerning Revisions to the Grand Island Zoning Ordinance
Pertaining to Salvage Yards and Conditional Use Permits
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
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Page 6, City Council Regular Meeting, September 10, 2002
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Pielstick seconded the motion. Upon roll call vote, Councilmembers Pielstick, Ward, Seifert,
Larson, Hornady, Whitesides, Haase and Murray voted yes. Councilmembers Walker and
Sorensen voted no. Motion was adopted.
Jim Lennon representing Alter Scrap Processing and Lewis Kent, 624 East Meves spoke in
opposition. Councilmembers Pielstick and Whitesides voiced concerns about fencing.
City Clerk: Ordinance #8767 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 Pielstick, Ward,
Seifert, Larson, Hornady, Whitesides, Haase and Murray voted yes. Councilmembers Walker
and Sorensen voted no. Motion was adopted.
City Clerk: Ordinance #8767 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 Pielstick, Ward,
Seifert, Larson, Hornady, Whitesides, Haase and Murray voted yes. Councilmembers Walker
and Sorensen voted no. Motion was adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8767 is 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:
#8769 - Consideration of Approving Salary Ordinance
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.
Jarrett Daugherty, FOP President, spoke in opposition to changes in the Salary Ordinance with
regards to the FOP. Don Dreier, 2520 South Stuhr Road spoke in support of the Police Officers.
City Administrator Marlan Ferguson explained the reasons for the changes. Human Resources
Director Brenda Sutherland explained the AFSCME changes. Councilmember Whitesides
suggested that Council wait until the appeal process is complete. Police Chief Kyle Hetrick
spoke in support of the changes. Discussion was held regarding the overtime pay. No further
public testimony was heard.
Motion was made by Whitesides to table the 7-K portion of Ordinance #8769 relative to FOP to
a later date. Seconded by Seifert. Carried unanimously to approve.
City Clerk: Ordinance #8769 on 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 adopted.
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Page 7, City Council Regular Meeting, September 10, 2002
City Clerk: Ordinance #8769 on 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 adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8769 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Motion by Pielstick, second by Hornady, carried unanimously to approve
the Consent Agenda.
Approving Minutes of August 27,2002 City Council Regular Meeting. Councilmember Hornady
abstained.
Approving Request of Stalker Development, Ltd, Harry Stalker, President, for Conditional Use
Permit for Temporary Placement of a Hot Dog Stand Located at 410 South Webb Raod.
Approving Request of GCB Restaurant Group, LLC dba Garden Cafe & Bakery/Tiffany's
Lounge, 3333 Ramada Road, for Class "C" Liquor License.
Approving Request of Timothy Peterson, 11010 South 1 ih Street, Bellevue, Nebraska, for
Liquor Manager Designation for GCB Restaurant Group, LLC dba Garden Cafe &
Bakery/Tiffany's Lounge, 3333 Ramada Road.
Approving Request of Daryl V. Harney dba Scooter's BBQ, 3234 West Schimmer Road, for
Class "C" Liquor License. Councilmember Pielstick voted no.
#2002-272 - Approving Use of Local Law Enforcement Block Grant Funds.
#2002-273 - Approving Acquisition of Utility Easement Located at Faidley and Weis Drive.
(Farm Credit Services)
#2002-274 - Approving Acquisition of Utility Easement Located North of Husker Highway and
West of Highway 281. (Pedcor Investments)
#2002-275 - Approving Final Plat and Subdivision Agreement for Commercial Industrial Park
Third Subdivision. It was noted that Gary Jacobson, owner, had submitted the final plat for
Commercial Industrial Park Third Subdivision, located South of Frontage Road, and East of
Webb Road for the propose to resubdivide part of Commercial Industrial Park Subdivision into 3
new lots.
#2002-276 - Approving Amendment to Agreement with CH2MHill for Review of Sewage
Sludge Handling and Disposal at the Wastewater Treatment Plant in an Amount Not to Exceed
$625,149.00.
#2002-277 - Approving Supplemental Agreement with the Nebraska Department of Roads for
Two New Northbound Bridges on South Locust Street for a Cost of 20% of the Engineering
Services or Approximately $30,000.00.
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Page 8, City Council Regular Meeting, September 10, 2002
#2002-278 - Approving Bid Award for Water Main District #440 with Starostka Group
Company, Grand Island, Nebraska in an Amount of$93,167.12.
#2002-279 - Approving Bid Award for 2003-2004 Coal Supply with RAG Energy Sales, Inc., of
Englewood, Colorado.
#2002-280 - Approving Authorization of Grant Application from the Transportation
Enhancement Program for Historic Lighting in Downtown.
#2002-281 - Approving Nomination of Central Nebraska Ethnic Festival to the Nebraska
Community Improvement Program.
#2002-282 - Approving Annual Maintenance and Support Contract for Accounting Software and
Integrated Financial Program with Process, Inc., dba Munis in an Amount of $73,829. 70.
#2002-283 - Approving Annual Maintenance and Support Contract for Ambulance Billing
Software with Sweet Computer Services, Inc. in an Amount of$1,860.00.
#2002-284 - Approving Amendment Chapter 5 of the Grand Island City Code Relative to the
Approved Animal List.
REQUESTS AND REFERRALS:
Request to Use a Portion of the Alley West of Eddy Street Between 2nd Street and 3rd Street for
Parking. Public Works Director Steve Riehle, reported that U Save Pharmacy, Central Pharmacy,
located at 802 West 2nd Street, recently completed a paving project in the alley behind their
store. Tim Terjak owns the property directly north of the Pharmacy across the alley at 216 North
Eddy. This property was a residential rental facility. Prior to the paving project, tenants of the
Terjak property used the alley to park behind the residence. Since the completion of the paving
project, the Grand Island Police Department had been enforcing the "No Parking" restrictions for
alleys. Mr. Terjak requested a License Agreement .from the City to allow parking in this area. He
requested permission to use the north 2'-3' of the alley for parking. City staff had reviewed his
request and do not feel they should approve the request due to traffic in the alley. Mr. TeIjak had
decided to appeal that decision to the City Council. It was recommended that Council deny the
appeal and maintain the No Parking restriction for the alley.
Tim Terjek, 1547 North Monitor Road spoke in support.
Motion was made by Seifert, second by Sorensen, to approve this request. Motion adopted
unanimously.
RESOLUTIONS:
#2002-285 - Consideration of Approving Property Tax Request for FY2002-2003 General All-
Purpose Property Tax, Community Redevelopment Authority and Parking District #2 (Ramp).
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Page 9, City Council Regular Meeting, September 10,2002
Finance Director David Springer, reported that the general property tax request increased from
$6,050,018 in FY2001-2002 to $6,480,000 for FY2002-2003, or an increase of $429,982. This
represented a 7.1 % increase in property tax dollars and a 0.3% decrease in the city of Grand
Island's levy. The property tax request for Parking District #2, also known as the Parking Ramp
(Fund 271), decreased from $47,250 in FY2001-2002 to $30,018 for FY2002-2003, or a
decrease of $17,232. Parking District #2's levy decreased by 36.4%. The property tax request for
the Community Redevelopment Authority increased from $402,431 in FY2001-2002 to
$431,150 for FY2002-2003, an increase of$28,719. This represented a 7.1 % increase in property
tax dollars and no change in the CRA's levy. It was recommended that the City Council pass
Resolution #2002-285 by majority vote setting the property tax request for the General property
tax at $6,480,000, the Parking District #2 property tax at $30,180 and the Community
Redevelopment Authority property tax at $431,150.
Motion was made by Sorensen, second by Hornady, to approve Resolution #2002-285. Carried
unanimously to approve.
#2002-271 - Consideration of Approving 1% Increase to the Lid Limit. City Administrator
MarIan Ferguson, reported that in 1998 the Nebraska State Legislature passed LB 989, which put
a cap on the amount of restricted revenues a political subdivision could budget for. The restricted
revenues that the City of Grand Island included in the budget were Property Taxes, Payments in
Lieu of Property Tax, Local Option Sales Tax, Motor Vehicle Tax and State Aid. Of those
restricted revenues, property tax was the only revenue that the City could control. The increase in
restricted funds authority using the 1 % additional amount and the population growth (when
available) was not an increase in budgeted revenues. It only provided the ability to increase
restricted revenues, particularly property tax, in a future year if necessary.
A lengthy discussion was held concerning the advantages of approving the 1 % increase to the lid
limit. Motion was made by Whitesides, seconded by Seifert, to approve Resolution #2002-271.
Carried unanimously to approve.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Seifert, carried unanimously to approve the Claims for the
period of August 28,2002 through September 10, 2002, for a total amount of$2,005,605.98.
ADJOURNMENT: The meeting was adjourned at 9:35 p.m.
Respectfully submitted,
QS\ClL<2Q~
RaNae Edwards
City Clerk