11/26/2002 Minutes (2)
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 26,2002
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 November 26, 2002. Notice of the meeting was given in the Grand Island Independent
on November 20, 2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Seifert, Ward, Larson, Hornady, Whitesides, Haase, Murray, Walker,
and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson,
City Clerk RaNae Edwards, Assistant City Attorney Dale Shotkoski, Public Works Director
Steve Riehle and Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Associate
Pastor Gary Schulte, Evangelical Free Church, 2609 South Blaine Street.
PRESENTATIONS AND PROCLAMATIONS:
"It's About Kids!" Presentations by Angela Raynolds and Emily Griess. Youth Leadership
Tomorrow, "Its About Kids!" assets were presented by Angela Raynolds and Emily Griess.
PUBLIC HEARINGS:
Public Hearing on Proposed Amendment to Chapter 36 of the Grand Island City Code Relative
to Vehicle Sales and Rental Business, Sign Regulations along South Locust Street and Self
Storage Facilities. Chad Nabity, Regional Planning Director, reported that amendments were
proposed to Chapter 36 of the Grand Island City Code to address vehicle sales and rental
business. This amendment would revise code to set performance standards for Automobile Sales
and Rental business, define and allow self-storage facilities in the B2 and Ml zoning districts,
and amend the AC Arterial Commercial Overlay district regulations relative to billboards. Mert
Nietfeldt, 4934 Fort Kearney Road, Randy Rapien, 226 Lakeside Drive and Carl Mettenbrink,
2200 E One-R Road spoke in opposition to the vehicle sales and rental changes. No further
public testimony was heard.
Public Hearing on Changes to the Grand Island Zoning Map for Property Located in the NWl/4
of Section 13-11-10. Chad Nabity, Regional Planning Director, reported that Joel Shafer, owner
was requesting a change of zoning for property located in the NW 1/4 of Section 13, Township
11, Range 10, in the City of Grand Island. This application proposed to change the zoning from
T A Transitional Agricultural to RO Residential Office and RD Residential Development. This
change was in conformance with the Grand Island Comprehensive Plan. The Regional Planning
Commission at their regular meeting held November 6, 2002 voted to approve and recommend
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Page 2, City Council Regular Meeting, November 26, 2002
to the Grand Island City Council approval of this amendment to the Grand Island Zoning Map.
No public testimony was heard.
Public Hearing on Request of Perez Brothers, Inc. dba Guitarron, 413 West 4th Street, for Class
"C" Liquor License. RaNae Edwards, City Clerk, reported that Perez Brothers, Inc. dba
Guitarron, 413 West 4th Street, had submitted an application 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 November
5, 2002; notice to applicant of date, time and place of hearing mailed on November 5, 2002;
notice to the general public of date, time and place of hearing published on November 16, 2002;
Chapter 4 of City Code and departmental reports as required by City Code. John Bain, Attorney
from Lincoln representing Perez Brother, Inc. spoke in support. No further public testimony was
heard.
Public Hearing on Proposed Economic Development Program. Marlan Ferguson, City
Administrator, reported that on November 19,2002, the City Council heard a presentation by the
Progress for Grand Island Committee on their request for the Council to consider placing the
issue of community adoption of an economic development program on a special election in May,
2003. Economic Development Programs were authorized by the Nebraska Legislature in 1991.
City staff had been working closely with the Progress for Grand Island Committee on
development ofthe Economic Development Program. The Program addressed the City Council's
priorities of creating more good paying jobs in the community, diversifying the economy for
greater economic strength and assisting all residents with the opportunity to have a high standard
of living. A three-step approval process had been developed to ensure that each request for
assistance was reviewed thoroughly by people who are intimately familiar with the project, the
finances, and the process and yet maintained an appropriate level of confidentiality for the
applicants. Minor modifications had been made to more clearly delineate the roles and
responsibilities of the City and the Economic Development Corporation.
Mr. Ferguson stated the action before the City Council would be to forward the proposed
Economic Development Program to the voters at a special election set for May 6,2003.
John Browenll, 4309 Quail Lane, Jackie Havel, 5052 Forth Kearney Road, Tim White, 1709 Rio
Grande Circle, and Steve Joel, 1716 Stagecoach Road spoke in support. No further public
testimony was heard.
Public Hearing on Acquisitio of a Temporary Access Easement Located West of Freedom Drive.
Steve Riehle, Public Works Director, reported that Sanitary Sewer District 501 was created by
the City Council on August 28, 2001 and was continued at the October 23, 2001 Council
meeting. A construction contract was awarded to The Diamond Engineering Company at the July
9, 2002 Council meeting. Construction commenced in fall 2002. Sanitary Sewer District 501
would serve properties on both sides of Freedom Drive as well as Liberty Lane. In order to
reduce costs for the district and avoid relocation expenses for other utilities, the plans for the
project involved laying the sewer main down the existing dirt median of the divided street. When
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Page 3, City Council Regular Meeting, November 26, 2002
construction started on the sanitary sewer main, it became evident we could not save enough of
the existing asphalt road to maintain access to the homes for property owners. To alleviate the
problem, an agreement had been negotiated with Hooker Brothers Construction Company for a
temporary road to be built across their property located west of the homes on the west side of
Freedom Drive. This road would be constructed from asphalt millings and would be in place
through the construction to provide access to homeowners. When construction is completed, the
land would be restored to its previous condition as a cornfield. The cost for the easement was
minimal. No public testimony was heard.
RESOLUTIONS:
#2002-366 - Approving Special Election for an Economic Development Program. City
Administrator Marian Ferguson reported that this item related to the aforementioned Public
Hearing. The action before the City Council would be to forward the proposed Economic
Development Program to the voters at a special election set for May 6, 2003. Councilmember
Ward stated the importance of this issue. Councilmember Hornady emphasized the importance
of current businesses. Motion was made by Councilmember Ward, second by Pielstick,
unanimously approved. Motion adopted.
#2002-367 - Approving Purchase Agreement with ProCon for the Former City Hall Building
Renovation. City Administrator Marian Ferguson reported that this item related to the
aforementioned Ordinance. A purchase agreement had been prepared by attorney Ron Depue,
representing ProCon, and had been reviewed by the Assistant City Attorney.
Councilmember Sorensen advised we should have kept the building for City purposes.
Councilmember Pielstick stated a feasibility study conducted in 1999 recommended using old
City Hall for cit~ purposes. Bruce Schreiner, 3535 Grassridge Drive spoke in support. John
Luna, 712 East 8t Street spoke in opposition.
Motion was made by Councilmember Murray, second by Larson. Upon roll call vote,
Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen voted yes. Councilmember Pielstick voted no. Motion adopted.
ORDINANCES:
Motion was made by Councilmember Larson, second by Seifert, to approve Ordinance #8784 on
first reading only.
#8784 - Consideration of Amendment to Chapter 36 of the Grand Island City Code
Relative to Sign Regulations Along South Locust Street
Mike Toukan, 1808 South Locust Street, Chairman of BID #4 spoke in support. Upon roll call
vote, all voted aye. Motion adopted.
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
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Page 4, City Council Regular Meeting, November 26, 2002
#8766 - Consideration of Amendment to Chapter 36 of the Grand Island City Code
Relative to Self Storage Facilities
#8785 - Consideration of Changes to Zoning for Property Located in the NWl/4 of
Section 13-11-10
#8786 - Consideration of Conveyance of Former City Hall
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
Seifert 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.
City Clerk: Ordinances #8766, #8785, and #8786 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. It was noted Councilmember Pielstick voted no on Ordinance #8786. Motion adopted.
City Clerk: Ordinance #8766, #8785, and #8786 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. It was noted Councilmember Pielstick voted no on Ordinance #8786. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8766, #8685, and #8786 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 ordinances numbered:
#8783 - Consideration of Amendment to Chapter 36 of the Grand Island City Code
Relative to Vehicle Sales and Rental 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 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
Murray seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? Councilmember
Whitesides stated these issues could be dealt with through the Code Compliance Department and
that he would be voting no. Discussion was had regarding the number of car lots and what effect
this ordinance would have on them. No further public testimony was heard.
City Clerk: Ordinance #8783 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,
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Page 5, City Council Regular Meeting, November 26, 2002
Seifert, Larson, Homady, Haase, Murray and Walker voted yes. Councilmembers Whitesides
and Sorensen voted no. Motion adopted.
City Clerk: Ordinance #8783 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, Homady, Haase, Murray and Walker voted yes. Councilmembers Whitesides
and Sorensen voted no. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8783 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Item G-13 was pulled from the Consent Agenda until December 17,
2002. Items G- 7 and G-8 were pulled. Motion by Pielstick, second by Homady, carried
unanimously to approve the Consent Agenda.
Approving Minutes of November 12,2002 City Council Special Meeting. Councilmember Ward
abstained.
Approving Minutes of November 12, 2002 City Council Regular Meeting. Councilmember Ward
abstained.
Approving Minutes of November 19, 2002 City Council Study Session.
Approving Appointments of Vic Aufdemberge, Helen Poh!, George Bartenbach, Steve
Rasmussen and Steve Poppe to Business Improvement District #2 Board Beginning January
2003 and Expiring December 2005.
Approving Correction to Term of Office for Sharon Walsh to Business Improvement District #2
Board Expiring December 31, 2004.
Approving Appointment of Barry Sandstrom to the Community Redevelopment Authority for a
Three-Year Term Expiring October 10, 2005.
Approving Preliminary Plat for Cedar Ridge Subdivision.
#2002-360 - Approving Final Plat and Subdivision Agreement for Cedar Ridge First
Subdivision.
#2002-361 - Approving Final Plat and Subdivision Agreement for Cedar Ridge Second
Subdivision.
#2002-362 - Approving Speed Limits in Annexed Areas.
#2002-364 - Approving Acquisition of a Temporary Access Easement Located West of Freedom
Drive.
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Page 6, City Council Regular Meeting, November 26,2002
#2002-365 - Approving Renewal of Police Service Contract with Hall County Housing
Authoritv.
#2002-363 - Approving Continuation of Sanitary Sewer District #508, Desch 1 st and 2nd
Subdivisions Located at the Northwest Comer of the Intersection of US Highway 281 and
Husker Highway. This item was pulled until December 17,2002.
Approving Request of Perez Brothers, Inc. dba El Guitarron, 413 West 4th Street, for Class "C"
Liquor License. Motion was made by Councilmember Murray, second by Ward to approve the
Request of Perez Brothers, Inc. dba EI Guitarron, 413 West 4th Street, for Class "C" Liquor
License contingent upon final inspections. Upon roll call, Councilmembers Ward, Seifert,
Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted yes. Councilmember
Pie1stick voted no. Motion adopted.
Approving Request of Laurencio Carrillo, 810 North Pine Street, for Liquor Manager
Designation for Perez Brothers, Inc. dba El Guitarron, 413 West 4th Street. Motion was made by
Councilmember Murray, second by Ward to approve the request of Laurencio Carrillo, 810
North Pine Street, for Liquor Manager Designation. Unanimously approved.
RESOLUTIONS:
#2002-368 - Approving Memorandum of Understanding Between Hall County and the City of
Grand Island Regarding Facilities Needs. City Administrator Marlan Ferguson reported that this
item related to the memorandum of understanding discussed at the Joint City/County Special
Meeting held at 6:00 p.m. The memorandum of understanding supporting the work of the Joint
City and County Facility Committee had been prepared and reviewed by the City and County
Attorneys.
Tom O'Neill, 804 West Stolley Park Road spoke in favor.
Motion was made by Councilmember Larson, second by Seifert, unanimously approved. Motion
adopted.
#2002-369 - Approving Contract with Central Nebraska Humane Society for Stolley Park
Holiday Lighting Display. Steve Paustian, Parks and Recreation Director reported that the City
Attorney's office had prepared a contract for the use of Stolley Park by the Central Nebraska
Humane Society. Contract verbiage was developed based on Council input at the November 19th
study session. The contract allowed for the Society to use Stolley Park for its Holiday Lighting
fund raiser.
Motion was made by Councilmember Hornady, second by Sorensen, unanimously approved.
Motion adopted. Charla Miller, 1523 Stagecoach Road and Jill Hornady, 67 Ponderosa Drive
thanked the council for approving this request.
#2002-370 - Approving Resolution Directing Staff to Require Installation of Public Sidewalks
on Harrison Street by Fall 2003. Steve Riehle, Public Works Director reported that at the August
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Page 7, City Council Regular Meeting, November 26,2002
20, 2002 City Council Study Session, the Sidewalk Committee presented a list of areas which
were recommended for sidewalk installation. At the October 9, 2002 regular City Council
meeting, the Council voted to table the installation of sidewalks on the west side of Harrison
Street because of resident's concerns about ditch drainage, damage to sprinklers and landscaping,
the potential of future street widening projects to tear up any newly installed sidewalks, and a
speeding problem in the area.
The Sidewalk Committee had reviewed their concerns and addressed them as follows: Ditch
Drainage - There would be some areas where fill material would be needed. The City would be
responsible for the costs of placing the fill. The Sidewalk Committee walked the entire area to
confirm that the sidewalks and associated fill could be constructed without causing drainage
problems. Sprinklers and Landscaping - The location of the sidewalks could be adjusted to
minimize the impact to sprinklers and landscaping. Some bushes would either have to be
trimmed or removed. Road Projects - The existing road was wide enough to carry a substantial
volume of traffic and the City does not anticipate widening it for quite some time. If the street
were widened it would only exacerbate the speeding issue. Speeding - The Public Works,
Engineering Division conducted a speed study. Although the results showed vehicles traveling
above the posted 25 mph speed, the numbers were not that different from other residential
streets. City costs would be minimal for placing fill in needed areas.
Charles Maser, 1222 South Harrison Street, Norm Saale, 1314 South Harrison Street, Bob
Wagoner, 1710 South Harrison Street, and Roy Anderson, 1810 South Harrison Street spoke in
opposition. Discussion was held regarding the policy of putting sidewalks on both sides of all
streets within the City.
Motion was made by Councilmember Whitesides, second by Walker, to approve Resolution
#2002-370. Upon roll call vote, Councilmembers Pielstick, Ward, Seifert, Larson, Hornady,
Whitesides, Haase, and Walker voted yes. Councilmember Sorensen voted no. Councilmember
Murray abstained. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Haase, carried unanimously to approve the Claims for the
period of November 13,2002 through November 26,2002, for a total amount of $2,100,242.34.
It was noted that Councilmember Hornady abstained from voting on Invoices #241825 and
249741.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Qf\~ ruw~
RaNae Edwards
City Clerk