04/22/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 22, 2003
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 April 2, 2003. Notice of the meeting was given in the Grand Island Independent on
April 16, 2003.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly,
Hornady, Walker and Haase. The following City Officials were present: City Administrator
Marian Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City
Attorney Doug Walker and Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Vern
Rice, Independent Bethel Baptist Church, 1223 East 6th Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Nine individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
"It's About Kids!" Presentations by Jenna Rathke and Anna Galbraith. Youth Leadership
Tomorrow, "It's About Kids!" assets were presented by Jenna Rathke and Anna Galbraith.
Recognition of Officer Roger Philbeck for Thirty Years of Service with the Grand Island Police
Department. Mayor Vavricek presented Officer Roger Philbeck with a certificate recognizing
Thirty Years of Service with the Grand Island Police Department. Police Chief Hetrick was
present and congratulated Officer Philbeck.
Recognition of Michael J. Nolan for Receiving the American Red Cross Certificate of Merit.
Mayor Vavricek recognized Michael J. Nolan for life saving efforts to a motorcycle victim. Todd
McCoy, Parks and Recreation Superintendent was present for the recognition.
Proclamation "Community Development Week" April 20-26. 2003. Mayor Vavrick proclaimed
the week of April 20-26, 2003 as "Community Development Week". Community Projects
Director Cindy Johnson was present to receive the proclamation.
Presentation to Heartland Events Center from Community Youth Council. Community Projects
Director Cindy Johnson and Rachael Ahrends and Amy Martinez representing the Community
Youth Council presented the Heartland Events Center with a check in the amount of $552.00.
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Page 2, City Council Regular Meeting, April 22, 2003
Presentation by Bill Stovall with Central Nebraska Regional Airport Regarding Apache
Helicopter Proiect. Bill Stovall, Executive Director with the Central Nebraska Regional Airport
updated the Mayor and Council on the Apache Helicopter Project. Presented was a video
presentation that was part of the presentation to the National Guard.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Homady, second by Seifert, carried
unanimously to adjourn to the Board of Equalization.
#2003-BE-4 - Determining Benefits for Sanitary Sewer District #506, Lillie Drive in Gosda
Subdivision. Motion by Pielstick, second by Whitesides, to approve Resolution #2003-BE-4,
carried unanimously.
RETURN TO REGULAR SESSION: Motion by Homady, second by Walker, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Changes to the Grand Island Zoning Map for Lots 23-26 and Lots 32-37
Bosselman Second Subdivision, and Lot 1 Bosselman Third Subdivision. Chad Nabity, Regional
Planning Department Director, reported that Raymond O'Connor, owner was requesting a change
of zoning for property containing lots 23-26 and lots 32-37 Bosselman Second Subdivision, and
lot 1 Bosselman Third Subdivision. This application proposed to change the zoning from RO
Residential Office and B2 General Business to RD Residential Development. No public
testimony was heard.
Public Hearing on Request of Omaha Paper Stock Company, Inc. for a Conditional Use Permit
for a Paper Recycling Facility Located at 1215 East Highway 30. Craig Lewis, Building
Department Director, reported that Michael Mercer, Vice President of Omaha Paper Stock
Company, Inc. had submitted an application with the City Clerks office for a conditional use
permit to allow for the continued operation of a paper recycling facility at 1215 E. Highway #30
in Grand Island. The operation of a salvage or recycling facility was required to be approved by
the City Council in the form of a conditional use permit. The application had been reviewed by
City staff and two exceptions were noted: 1.) the existing fence needed to be independently
constructed and not rely on the paper bails for support, and 2.) landscaping adjacent to Highway
#30 was proposed to be constructed within six months of the completion of the highway
improvement project, a completion date of October 30, 2003 needed to be established for the
landscaping. Jeff Epstein, representing Omaha Paper Stock Company from Omaha spoke in
support. Lewis Kent, 624 East Meves Avenue encouraged the Council to see that the deadlines
were met. No further public testimony was heard.
Public Hearing on Request of Oakleaf Auto Crushing for a Conditional Use Permit Located at
1911 Eldorado Street. Craig Lewis, Building Department Director, reported that Craig Oakleaf
representing Oakleaf Auto Crushing had submitted a request with the City Clerk's Office for a
Conditional Use Permit to allow for the continued operation of a salvage yard located at 1911
Eldorado Street. Two exceptions were noted in the review process: 1). the property to the west of
the proposed salvage yard was a residential zoned property and needed to be cleared of any and
all salvage operations prior to approval, and 2). the existing fence did not provide the degree of
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Page 3, City Council Regular Meeting, April 22, 2003
sight-obscuring protection intended in the City Code and needed to be modified. A September
30,2003 completion date for the modification of the fence appeared reasonable.
Wayne Gleason, 2715 N. North Road; Craig Oakleaf, 1911 Eldorado Street; Rita Hemmer, 1902
Eldorado Street; Dave Seiser, 1004 Geddes Street; and Gary Quandt, Grand Island, spoke in
support. No further public testimony was heard.
Public Hearing on Request of Kramer's Auto Parts & Iron Company, Inc. for a Conditional Use
Permit for a Salvage Yard Located at 3405 North US Highway 281. Craig Lewis, Building
Department Director, reported that Kramer's Auto Parts & Iron Company, Inc. had submitted a
request with the City Clerk's Office for a Conditional Use Permit to allow for the continued
operation of a salvage yard located at 3405 North US Highway 281. The one exception to the
requirements for a salvage operation was the installation of a site-obscuring fence around the
property. Allowing a September 30, 2003 completion date for the installation of the required
fence appeared to be reasonable. Lisa Bartz representing Kramer's Auto Parts spoke in support.
No further public testimony was heard.
Public Hearing on Request of Alter Scrap Processing for a Conditional Use Permit for a Salvage
Yard Located at 1119 East 4th Street. Craig Lewis, Building Department Director, reported that
Alter Scrap Processing had submitted a request with the City Clerk's Office for a Conditional
Use Permit to allow for the continued operation of a salvage yard located at 1119 East 4th Street.
One exception to this request was noted as the required fencing was not currently completed, a
completion date of September 30, 2003 appeared reasonable. An additional item noted in
reviewing the subdivision agreements for this property dated March 8, 1998 was that public
sidewalks were to be installed adjacent to lot 2 within six months of Council approval of the final
plat. It would appear that installation of the required sidewalks within the same time frame as the
required fencing was a reasonable request.
Danielle McGowan, representing Alter Scrap spoke in support. No further public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 920 Diers Avenue. (Shafer
Properties, LLC) Gary Mader, Utilities Department Director, reported that acquisition of utility
easement located along the north property line of 920 Diers Avenue 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 transformer to serve a new building at 920
Diers Avenue. No public testimony was heard.
Public Hearing on Submittal of Grant Application to the Nebraska Department of Economic
Development for Renovation and Expansion of the Senior Citizen Center. Cindy Johnson,
Community Projects Director, reported that the Nebraska Department of Economic Development
accepts applications through the Community Development Block Grant Program for grant
funding to assist with public works activities, including community centers, senior centers,
primary health and mental health clinics and dependent care facilities. Community Projects staff
had met with a number of agencies who had requested the City make application on their behalf.
After careful review of the proposed projects and discussion with the DED Program
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Page 4, City Council Regular Meeting, April 22, 2003
Representative, City staff was recommending the submittal of an application for the renovation
and expansion of the Senior Citizens/Grand Generation Center. The renovation would include an
additional 4,300 square feet of space for program uses and 300 square feet for kitchen expansion.
The City's request to CDBG was for funding in the amount of $350,000; total cost of the project
was anticipated to be approximately $470,000. The grant required a 25% match ($117,500)
which would be met by the Senior Citizens Industries, Inc. Community Projects staff would
monitor and oversee the grant activities. Lois Stienike, representing the Senior Citizens Center
spoke in support. No further public testimony was heard.
ORDINANCES:
#8798 - Consideration of Annexation of Property Being Platted at Nuemann Subdivision,
Located South of 13th Street and West of North Road (Final Reading). Chad Nabity, Regional
Planning Director, reported that annexation of property being platted as Neumann Subdivision an
addition to the City of Grand Island, which property was located South of 13th Street, and West
of North Road, in the N 1/2 NE 1/4 Section 14, Township 11, Range 10. First reading was
approved at the March 18, 2003 City Council meeting and second reading was approved at the
April 8, 2003 City Council meeting.
Motion was made by Pielstick, second by Seifert, to approve Ordinance #8798 on final reading.
Unanimously approved. Motion adopted.
#8799 - Consideration of Annexation of Property Being Platted as Timberline Subdivision,
Located North of Highway 2 and West of Webb Road (Second Reading). Chad Nabity, Regional
Planning Director, reported that annexation of property being platted as Timberline Subdivision
an addition to the City of Grand Island, which property was located North of Highway 11 and
West of Webb Road, in the SE1/4NE1/4 Section 1, Township 11, Range 10. It was noted that
this issue had been discussed by the City Council at their March 25, 2003 City Council Study
Session. First reading was approved at the April 8, 2003 City Council meeting.
Motion was made by Larson, second by Seifert, to approve Ordinance #8799 on second reading
only. Upon roll call vote, Councilmembers Larson, Nickerson, Seifert, Pauly, Homady, Walker,
and Haase voted yes. Councilmembers Meyer, Whitesides, and Pielstick voted no. Motion
adopted.
Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered
#8805 - Consideration of Creating Street Improvement District #1246, South Locust
Street from Stolley park Road to Fonner Park Road
#8806 - Consideration of Change of Land Use Designation for Property Containing Lots
23-26 and Lots 32-37 Bosselman Second Subdivision, and Lot 1 Bosse1man Third
Subdivision from RO Residential Office and B2 Genearl Business to RD Residential
Development
#8807 - Consideration of Assessments for Sanitary Sewer District #506, Lillie Drive in
Gosda Subdivision
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Page 5, City Council Regular Meeting, April 22, 2003
#8808 - Consideration of Amendment to Chapter 32 of the Grand Island City Code
Relative to Sidewalk Permit Fees
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? Discussion was held
regarding permits and fees. No public testimony was heard.
City Clerk: Ordinances #8805, #8806, #8807, and #8808 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 on Ordinances #8805, #8806 and #8807. Ordinance #8808, Councilmembers
Whitesides, Larson, Nickerson, Seifert, Pauly, Homady, and Walker voted aye. Councilmembers
Meyer, Pielstick and Haase voted no. Motion adopted.
City Clerk: Ordinances #8805, #8806, #8807, and #8808 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 on Ordinances #8805, #8806 and #8807. Ordinance #8808, Councilmembers
Whitesides, Larson, Nickerson, Seifert, Pauly, Homady, and Walker voted aye. Councilmembers
Meyer, Pielstick and Haase voted no. Motion adopted.
Mayor: By reason of the roll cal votes on first reading and then upon final passage, Ordinances
#8805, #8806, 8807, and #8808 are declared to be lawfully passed and adopted upon publication
as required by law.
CONSENT AGENDA: Items G-5, G-6, G-7, G-8, and G-22 were pulled from the Consent
Agenda. Motion by Whitesides, second by Homady, carried unanimously to approve the Consent
Agenda excluding items G-5, G-6, G-7, G-8, and G-22.
Receipt of Official Document - Civil Service Minutes of March 6,2003.
Receipt of Official Documents - Pawnbroker's Official Bonds for Wayne's Pawn Shop,
Stewart's Loan and Pawnshop and G.!. Loan Shop.
Approving Minutes of April 8. 2003 City Council Regular Meeting.
Approving Minutes of April 15. 2003 City Council Study Session.
#2003-109 - Approving Acquisition of Utility Easement Located at 920 Diers Avenue. ( Shafer
Properties. LLC)
#2003-110 - Approving Final Plat and Subdivision Agreement for Bockmann Subdivision. It
was noted that Dale & Marilyn Bockmann, owners, had submitted the final plat for Bockmann
Subdivision, located east of North Road, and north of Wood River Road, Hall County, within the
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Page 6, City Council Regular Meeting, April 22, 2003
Grand Island 2 mile jurisdiction. This plat proposed to develop 1 lot on a currently unplatted
parcel of land in the SE 1/4 13-10-10. This lot was being split from an 80 acre tract and the
house would be served with a well and septic system.
#2003-111 - Approving Final Plat and Subdivision Agreement for Pfeifenhof Schuett
Subdivision. It was noted that Margaret Schuett, owner, had submitted the final plat for
Pfeifenhof Schuett Subdivision, located west of Gunbarrel Road, and south of Airport Road, Hall
County, within the Grand Island 2 mile jurisdiction. This plat proposed to develop 1 lot on a
currently unplatted parcel ofland in the E 1/2 NE 1/4 1-11-9. This lot was being split from an 80
acre tract and the house would be served with a well and septic system.
#2003-112 - Approving Final Plat and Subdivision Agreement for North Pointe Subdivision. It
was noted that Raymond O'Connor, owners, had submitted the final plat for North Pointe
Subdivision, located along Diers Ave, and north of Curran Avenue. This plat proposed to
develop 14 lots as a Residential Development.
#2003-113 - Approving Resolution of Intent to Create Business Improvement District #5,
Downtown.
#2003-114 - Approving Agreement with Nebraska Children and Families Foundation Relative to
CYC Funding.
#2003-115 - Approving Request ofE.A.S.T. Neighborhood Association for Matching Funds in
the Amount of $2,550.00. Councilmember Pielstick abstained.
#2003-116 - Approving Agricultural Deferral of Assessments for Sanitary Sewer District #499,
Street Improvement District #1239, and Water Main District #437 for Judith and Robert Poland.
#2003-117 - Approving Bid Award for Sanitary sewer District #507, Cannon Road with The
Diamond Engineering Company of Grand Island, Nebraska an Amount of$121,389.95.
#2003-118 - Approving Bid Award for Padmounted Switchgear - Utilities Underground
Division with Wesco of Grand Island, Nebraska an Amount of$115,311.50 plus tax.
#2003-119 - Approving Bid Award for Mini-Derrick with Tandem Axle Trailer with SDP
Manufacturing, Inc. of Albany, Indiana in an Amount of $73,368.00.
#2003-120 - Approving Bid Award for Platte River Pumping Station No.3 Replacement - Platte
Generating Station, Utilities Department with Kayton Electric, Inc. of Holdrege, Nebraska in an
Amount of$127,500.00.
#2003-121 - Approving Subordination Agreement for House Purchased by David E. Zavala
Under CDBG Down Payment Assistance Program.
#2003-123 - Approving Submittal of Grant Application to the Nebraska Department of
Economic Development Relative to Expansion and Renovation of the Senior Citizens Center.
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Page 7, City Council Regular Meeting, April 22, 2003
#2003-124 - Approving Application for Nebraska Community Improvement Program.
Approving Request of Omaha Paper Stock Company. Inc. for a Conditional Use Permit Located
at 1215 East Highway 30. Motion was made by Hornady, second by Seifert to deny this request.
Discussion was held concerning fencing, landscaping, and compliance. It was mentioned that if
this was not approved, Omaha Paper Stock Company would have to close their business.
Motion was made by Whitesides to table this motion and give a July 1, 2003 deadline for
completion of the fence and a September 1, 2003 deadline for landscaping. Motion died to lack
of a second.
Upon roll call vote to deny the request, all voted no. Motion denied.
Motion was made by Larson, second by Whitesides to approve the request including the
Building Departments recommendations. Upon roll call vote, all voted aye. Motion adopted.
Approving Request of Oakleaf Auto Crushing for a Conditional Use Permit for a Salvage Yard
Located at 1911 Eldorado Street. Motion was made by Pielstick, second by Whitesides to
approve the request of Oakleaf Auto Crushing. Several councilmembers commented on the work
that had been done to clean up the property. Discussion was had on the sight-obscuring fence.
Oakleaf requested more time to finish the fencing. Gary Quandt mentioned grant money to help
with the fencing. The impound lot was discussed with regards to fencing and the difference
between salvage yards and the impound lot. Upon roll call vote, all voted aye. Motion adopted.
Approving Request of Kramer's Auto Parts & Iron Company. Inc. for a Conditional Use Permit
for a Salvage Yard Located at 3405 North US Highway 281. Motion was made by Seifert,
second by Larson to approve the request of Kramer's Auto Parts. Discussed was the time frame
for installation of a sight-obscuring fence. Upon roll call vote, all voted aye. Motion adopted.
Approving Request of Alter Scrap Processing for a Conditional Use Permit for a Salvage Yard
Located at 1119 East 4th Street. Motion was made by Whitesides, second by Seifert. Discussion
was held concerning the time frame for installation of the sidewalks. An Amendment to the
motion was made by Nickerson, second by Whitesides to extend the installation of sidewalks
until May 30, 2004. Upon roll call vote, all voted aye. Amendment adopted. Upon roll call vote
of the original motion, all voted aye. Motion adopted.
#2003-122 - Approving Credit Card Policy. Motion was made by Seifert, second by Whitesides
to approve Resolution #2003-122. Councilmember Haase questioned the number of departments
and credit cards to be issued. Finance Director David Springer stated not all departments would
want a card, but approximately 11 would be issued. Upon roll call vote, Councilmembers
Whitesides, Larson, Nickerson, Seifert, Pauly, Hornady, and Walker voted aye. Councilmembers
Meyer, Pielstick, and Haase voted no. Motion adoped.
I REQUEST AND REFERRALS:
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Page 8, City Council Regular Meeting, April 22, 2003
Request of Grand Island Senior High School for Fireworks Display. Motion was made by
Nickerson, second by Siefert, to approve the request of Grand Island Senior High School. Upon
roll call vote, all voted aye. Motion adopted.
RESOLUTION:
#2003-125 - Approving Waiver of Sidewalk Inspection Permit Fees for Areas Where Council
Orders Sidewalks Installed. Steve Riehle, Public Works Director, reported that this Resolution
provided for the waiving of the fee for property owners in the areas where sidewalks were
ordered in by Council Resolutions 2002-323 and 2003-370, and for providing refunds to property
owners who had already purchased the permit.
Motion was made by Larson, second by Walker, to approve Resolution #2003-125. Upon roll
call vote, Councilmembers Whitesides, Larson, Nickerson, Pauly, Hornady, and Walker voted
aye. Councilmembers Meyer, Pielstick, Seifert, and Haase voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Seifert, second by Haase, carried unanimously to approve the Claims for the period of
April 9, 2003 through April 22, 2003, for a total amount of$2,352,734.64.
EXECUTIVE SESSION:
Motion was made by Seifert, second by Walker, carried unanimously to adjourn to executive
session at 9: 15 p.m. for the purpose of discussing right of way negotiations and potential
litigation.
RETURN TO REGULAR SESSION:
Motion by Pie1stick, second by Walker, carried unanimously to reconvene in regular session at
10:00 p.m.
ADJOURNMENT: The meeting was adjourned at 10:00 p.m.
Respectfully submitted,
QJ\~ W~
RaNae Edwards
City Clerk