09/24/2002 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 24, 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 24, 2002. Notice ofthe meeting was given in the Grand Island Independent
on September 18,2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen.
Councilmembers Ward and Seifert were absent. The following City Officials were present: City
Administrator Marlan Ferguson, City Clerk RaNae 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 Pastor Allen
Runyon, Grand Island Family Church, 2304 Macron Street. Ashley Suntych and George Burgess
presented an It's About Kids! Asset.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Republic of China Day", October 10, 2002. Mayor Gnadt proclaimed October
10, 2002 as "Republic of China Day" and encouraged all citizens join in extending
congratulations and best wishes to the Republic of China on Taiwan during their 91 st anniversary
celebration.
ADJUOURN TO BOARD OF EQUALIZATION: Motion by Sorensen, second by Pielstick,
carried unanimously to adjourn to the Board of Equalization.
Motion by Sorensen, second by Pielstick, to approve Resolutions #2002-BE-8, #2002-BE-9, and
#2002-BE-10 carried unanimously.
#2002-BE-8 - Determining Benefits for Business Improvement District #4.
#2002-BE-9 - Determining Benefits for Sanitary Sewer District #493, Old Potash
Subdivision.
#2002-BE-10 - Determining Benefits for Sanitary Sewer District #503, Edna Drive in
Gosda Subdivision.
RETURN TO REGULAR SESSION: Motion by Larson, second by Whitesides, carried
unanimously to return to Regular Session.
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Page 2, City Council Regular Meeting, September 24, 2002
PUBLIC HEARINGS:
Public Hearing on Annexation Component to the Grand Island Comprehensive Development
Plan. MarIan Ferguson, City Administrator, reported that a proposal to add an annexation
Component to the Grand Island Comprehensive Development Plan had been submitted. This
proposal had been approved by the Regional Planning Commission at their June 6, 2002
meeting. No public testimony was heard.
Public Hearing on Amendment to the Grand Island Zoning Map. Chad Nabity, Regional
Planning Director, reported that the Evangelical Free Church, owner of property located at 2916
West Stolley Park Road was requesting a change of zoning from R-4 High Density Residential to
RO Residential Office. This change was in conformance with the Grand Island Comprehensive
Plan. The Regional Planning Commission at their regular meeting held September 4, 2002
unanimously voted to approve and recommend the Grand Island City Council approve this
amendment to the Grand Island Zoning Map. Sam Huston, representing the Evangelical Free
Church spoke in support. No further public testimony was heard.
Public Hearing on Request of Heartland Catering, Inc., 700 East Stolley Park Road, for Class
"CIK" Liquor License. City Clerk RaNae Edwards, reported that Gary Shovlain, representing
Heartland Catering, Inc., 700 East Stolley Park Road, had submitted an application with the City
Clerk's Office for a Class "C/K" Liquor License. A Class "CK" Liquor License allows for the
sale of alcoholic beverages on and off sale within the corporate limits of the City and for a
catering license to deliver, sell or dispense alcoholic liquors for consumption at a location
designated on a Special Designated License (SDL). Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on September 6, 2002; notice to applicant of date, time and place of hearing mailed on
September 6, 2002; notice to the general public of date, time and place of hearing published on
September 14, 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 610 Midaro Drive. (Garry and
Jeanne Williams) Gary Mader, Utilities Director, reported that acquisition of a utility easement
located at 610 Midaro Drive was required in order to have access to install, upgrade, maintain,
and repair power appurtenances. This easement would be used to locate primary electrical
underground cable and a pad mounted transformer to serve a new home at that location. No
public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 3511 Andrew Avenue.
(James and Judith Webb) Steve Riehle, Public Works Director, reported that acquisition of a
utility easement located at 3511 Andrew Avenue was required in order to have access to install,
upgrade, maintain and repair sanitary sewer mains to be installed in Sanitary Sewer District No.
500. The cost of the easement was expected to be a small portion of the District costs. The
easement was necessary so the construction could proceed. No public testimony was heard.
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Page 3, City Council Regular Meeting, September 24, 2002
Public Hearing on Acquisition of Public Utility Easement Located in Lot 1. Crane Vallev Fourth
Subdivision. (Concord Development. L.L.c.) Steve Riehle, Public Works Director, reported that
it was necessary to acquire an easement for the installation, upgrade, maintenance and repair of
the sewer mains to be installed in conjunction with new construction in Crane Valley Fourth
Subdivision. The sewer was being routed outside of the current easements to allow for changes
in the design for the property. The property owner had been contacted regarding the terms of this
easement and it was now time for Council approval of the acquisition. The cost of the easement
was a token fee of $1.00. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located in Lot 3, Crane Valley Fourth
Subdivision. (Shafer Properties) Steve Riehle, Public Works Director, reported that it was
necessary to acquire an easement for the installation, upgrade, maintenance and repair of the
sanitary sewer mains to be installed in conjunction with new construction in Crane Valley Fourth
Subdivision. The sewer was being routed outside of the current easements to allow for changes
in the design for the property. The property owner had been contacted regarding the terms of this
easement and it was now time for Council approval of the acquisition. The cost of the easement
was a token fee of $1.00. 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:
#8771 - Consideration of Assessments for Business Improvement District No.4
#8772 - Consideration of Assessments for Sanitary Sewer District #493, Old Potash
Subdivision
#8773 - Consideration of Assessments for Sanitary Sewer District #503, Edna Drive in
Gosda Subdivision
#8774 - Consideration of Changes to the Grand Island Zoning Map for Property Located
at 2916 West Stolley Park Road from R-4 High Density Residential to RO Residential
Office
#8775 - Consideration of Vacating Fortune Street from the Intersection with Trust Street
South 340', Adjacent to Lot Twenty-One, Grand Island Industrial Park West Subdivision
#8776 - Consideration of Conveyance of a Tract of Land in the Southeast Quarter
(SEl/4) of Section 23-11-11
#8777 - Consideration of Two Hour Parking Designation for the North Side of First
Street from Wheeler Avenue to Sycamore 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 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? City Attorney Charlie
Cuypers noted that Ordinance #8775 Section 2 was in error. Property to be vacated would be
City owned and not revert to the property owners. No public testimony was heard.
Page 4, City Council Regular Meeting, September 24, 2002
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Motion was made by Whitesides to approve Ordinance #8775 with the amendment. Second by
Homady. Carried unanimously.
City Clerk: Ordinances #8771, #8772, #8773, #8774, #8775 with amendment, #8776 and #8777
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 #8771, #8772, #8773, #8774, #8775 with amendment, #8776 and #8777
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
#8771, #8772, #8773, #8774, #8775 with amendment, #8776 and #8777 are declared to be
lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Motion by Pielstick, second by Walker, carried unanimously to approve
the Consent Agenda.
Receipt of Official Document - Civil Service Minutes of August 23, 2002.
Approving Minutes of September 10, 2002 City Council Regular Meeting.
I Approving Appointment o[Dianne Miller to the Regional Planning Connnission.
Approving Garbage and Refuse Haulers Permits for Full Circle, Inc., Clark Brothers Sanitation,
Inc., Mid-Nebraska Disposal, Inc., Central Waste Disposal and Scott's Hauling.
Approving Request of Heartland Catering, Inc., 700 East Stolley Park Road, for Class "CIK"
Liquor License.
Approving Request of Gary Shovlain, 2211 Riverside Drive, for Liquor Manager Designation for
Heartland Catering, Inc., 700 East Stolley Park Road.
#2002-286 - Approving Annexation Component to the Grand Island Comprehensive
Development Plan.
#2002-287 - Approving Acquisition of Utility Easement Located at 610 Midaro Drive. (Garrv
and Jeanne Williams)
#2002-288 - Approving Acquisition of Public Utility Easement Located at 3511 Andrew
Avenue. (James and Judith Webb)
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#2002-289 - Approving Acquisition of Public Utility Easement Located in Lot 1, Crane Valley
Fourth Subdivision. (Concord Development, L.L.C.)
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Page 5, City Council Regular Meeting, September 24, 2002
#2002-290 - Approving Acquisition of Public Utility Easement Located in Lot 3, Crane Valley
Fourth Subdivision. (Shafer Properties)
#2002-291 - Approving Bid Award for Storage Building at Fire Station #4 with Husker's Sales
and Distribution, Inc. of Grand Island, Nebraska in an Amount of $29,847.00.
#2002-292 - Approving Bid Award for Snow Removal Services with Nickman Brothers of
Kearney. Nebraska in an Amount of $95.00 per hour for Truck Plows and $95.00 per hour for
Hauling Snow.
#2002-293 - Approving S?eed Limit on South Locust Street from Stagecoach to Stolley Park
Road at 35 mph.
#2002-294 - Approving Change Order #1 for Concrete Overlay of Tennis Courts in Buechler
Park with L & L Concrete & Construction. Inc. of Grand Island. Nebraska for a Net Increase of
$1.584.12 and a Revised Contract Amount of$37,116.12.
#2002-295 - Approving Certificate of Final Completion for Concrete Overlay to Tennis Courts
in Buechler Park with L & L Concrete & Construction. Inc. of Grand Island. Nebraska.
#2002-296 - Approving Certificate of Final Completion for Park Maintenance Building
Construction with Chief Construction of Grand Island. Nebraska.
#2002-297 - Approving Certificate of Final Completion for Street Improvement District #1240.
Grand West Third Subdivision with The Diamond Engineering Company of Grand Island and
Setting Board of Equalization Date for October 22. 2002 to Set Assessments.
#2002-298 - Approving Correction to the AFSCME Contract.
REQUESTS AND REFERRALS:
Request to Refer Proposed Amendment to Chapter 36 of the Grand Island City Code Relative to
Vehicle Sales and Rental Businesses to the Regional Planning Commission. City Attorney
Charlie Cuypers, reported that the City had previous considered whether to require certain
minimum improvements for all vehicle sales and rental lots and in 1999 required all new lots to
have hard surfaced storage and display areas. Since then there had been several car lots started
which have been the subject of complaints concerning whether the premises were suited for this
type of use based on appearance, lack of space, storage of used tires, batteries, oil, etc. Dealing
with complaints about car lots had become a continual, if not continuous problem for the
building department, police department, public works and code compliance office. City staff
requested the Mayor and City Council revisit the issue of requiring minimum improvements for
car lots. The first step was to refer the matter to the Regional Planning Commission for a public
hearing and recommendation.
Councilmember Pielstick mentioned the used car lots in her neighborhood and the problems that
existed. Councilmember Murray questioned how many car lots currently comply with this
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Page 6, City Council Regular Meeting, September 24, 2002
change. City Attorney Charlie Cuypers stated approximately ~ of the almost 100 car lots have
store front and about 10 had hard surfaced lots. Councilmember Larson questions what would
happen if they did not comply. Mr. Cuypers stated they would get a letter and then ultimately the
case would be filed in the District Court to obtain an injunction.
The following people spoke in opposition: Randy Rapien, 226 lakeside Drive, Mert Niedfelt,
4934 Fort Kearney Road, Carl Mettenbrink, 2200 East One-R Road, Roger Roscoe, 3114 West
15th Street, Allen Doudna, 524 West 8th Street #4, and Lloyd Soukop, 701 West 4th Street.
Motion was made by Pielstick, second by Whitesides to approve this request. Upon roll call vote,
Councilmembers Pielstick, Larson, Hornady, Whitesides, Haase, Walker and Murray voted yes.
Councilmember Sorensen voted no. Motion was adopted.
RESOLUTIONS:
#2002-299 -Approving Adoption of the 2002 Edition to the Grand Island City Code. City
Attorney Charlie Cuypers, reported that the City Code was reissued as a new edition periodically
in order to clean up references to amendments, deleting old numbers, and generally updating the
work available to the public. The last edition was adopted in 1995 and because the City Code
was now available on the internet, it was prudent to approve and adopt the City Code as the 2002
edition. There were no provisions of the code which were amended by adopting this edition, but
a substantial amount of accumulated, unnecessary, amendment references would be eliminated.
It was recommended adoption of a new edition every year or two.
Motion was made by Larson, second by Hornady, carried unanimously to approve.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the
period of September 11, 2002 through September 24,2002, for a total amount of$5,353,662.66.
ADJOURN TO EXECUTIVE SESSION: Motion by Whitesides, second by Walker, carried
unanimously to adjourn to executive session at 8:25 p.m. to discuss FOP Union Negotiations.
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Walker, carried
unanimously to return to Regular Session at 9:25 p.m.
ADJOURNMENT: The meeting was adjourned at 9:25 p.m.
Respectfully submitted,
Qf\~ CCD-w~
RaNae Edwards
City Clerk