09/09/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 9, 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 September 9, 2003. Notice of the meeting was given in the Grand Island Independent
on September 3,2003.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady,
Walker and Haase. Councilmember Meyer was absent. The following City Officials were
present: Interim City Administrator David Springer, City Clerk RaNae Edwards, Public Works
Director Steve Riehle, and City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Terry
Brown, Calvary Assembly of God, 1424 North Eddy Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Fifteen individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Jerry Shalberg, Utilities Line Department for 35 Years of Service with the City.
Mayor Jay Vavricek and the City Council recognized Jerry Shalberg for his 35 years of service
with the City as an Electric Distribution Crew Chief with the Utilities Line Department. Utilities
Director Gary Mader commented on his service.
BOARD OF EQUALIZATION: Motion by Pielstick, second by Whitesides, carried
unanimously to adjourn to the Board of Equalization.
Motion by Pieltick, second by Hornady, carried unanimously to approve the following
Resolutions:
#2003-BE-9 - Determining Benefits for Street Improvement District No. 1226.
#2003-BE-IO - Determining Benefits for Street Improvement District No. 1227.
#2003-BE-II - Determining Benefits for Street Improvement District No. 1228.
#2003-BE-12 - Determining Benefits for Street Improvement District No. 1229.
#2003-BE-13 - Determining Benefits for Street Improvement District No. 1235.
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Page 2, City Council Regular Meeting, September 9, 2003
#2003-BE-14 - Determining Benefits for Street Improvement District No. 1236.
#2003-BE-15 - Determining Benefits for Business Improvement District No.3.
#2003-BE-16 - Determining Benefits for Business Improvement District No.4.
#2003-BE-17 - Determining Benefits for Business Improvement District No.5. Bill Francis
representing Cedar Street properties and Richard and Arlene Baasch spoke in objection. Mr.
Francis stated he felt the district was not created legally and that there was no benefit to the
property owners.
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Pielstick, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Mert Nietfeld, 4934 Fort Kearney Road for a Conditional Use
Permit for an Auto Sales Lot Located at 322 West 5th Street. Craig Lewis, Building Department
Director reported that Mert Nietfeld, 4934 Fort Kearney Road had submitted a request for a
conditional use permit to allow for the continued operation of a used car establishment at 322
West 5th Street. The City Council earlier this year amended the City Code to require that
existing vehicle sales establishments without improved hard surfaced lots receive approval in the
form of a conditional use permit from the City Council. Section 36-49(A) allows for a waiver
approved by the City Council for businesses that were operating at the same location prior to
March 9, 1999. This request appeared to be in compliance with the established City Code and
approval was recommended. No public testimony was heard.
Public Hearing on Request of Alltel Communications for a Conditional Use Permit for a
Telecommunications Tower Located at 2818 South Locust Street. Craig Lewis, Building
Department Director reported that Alltel Communications and the Alpha Corporation had
submitted an application with the City Clerk's Office for a Conditional Use Permit to allow for
the placement of a telecommunications tower located at 2818 South Locust Street. The Grand
Island Zoning Code Article X required that all towers be approved by the City Council in the
form of a conditional use permit. This request had been reviewed by the Building, Legal,
Utilities, Planning, and Public Works Departments.
Ron Depue and Kevin Lockhorn representing Alltel, spoke in support. Dan Naranjo, 424 East
Dodge Street and Jack (Bud) Rasmussen, 557 Stagecoach Road spoke in opposition on behalf of
Business Improvement District #3. No further public testimony was heard.
Public Hearing on Request of Rafael Orozco dba Rafa's Tacos, 811 West 2nd Street for a Class
"I" Liquor License. City Clerk RaNae Edwards reported that Rafael Orozco dba Rafa's Tacos,
811 West 2nd Street had submitted an application with the City Clerk's Office for a Class "I"
Liquor License. A Class "I" Liquor License allows for the sale of alcoholic beverages on sale
only within the corporate limits of the City. Ms. Edwards presented the following exhibits for the
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Page 3, City Council Regular Meeting, September 9, 2003
record: application submitted to the Liquor Control Commission and received by the City on
August 26, 2003; notice to applicant of date, time, and place of hearing mailed on August 27,
2003; notice to the general public of date, time, and place of hearing published on August 30,
2003; and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that Nebraska
State 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
$6,480,000 in FY2002-2003 to $6,599,570 for FY2003-2004, or an increase of $119,570. This
represented a 1.8% increase in property tax dollars and no increase 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 $30,018 in FY2002-2003 to $28,000 for FY2003-2004, or a decrease of $2,018.
Parking District #2's levy decreased by 3.7%. The property tax request for the Community
Redevelopment Authority increased from $431,150 in FY2002-2003 to $449,847 for FY2003-
2004, an increase of $18,696. This represented a 4.3% increase in property tax dollars and a
1.1 % increase 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
$6,599,570, the Parking District #2 property tax at $28,000, and the Community Redevelopment
Authority property tax at $449,847. This represented the final action to be taken on the FY2003-
2004 Budget. No public testimony was heard.
ORDINANCES:
Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read
by title on three different days be suspended and that ordinances numbered:
#8838 - Consideration of Creating Sanitary Sewer District No. 511, Dale Roush 151 & 2nd
Subdivisions (Indian Acres)
#8839 - Consideration of Amending City Code Chapter 13-3 Relative to Tax Rate for
Downtown Improvement and Parking District No. 1
#8840 - Consideration of Creating Sidewalk District No.1, 2003
#8841 - Consideration of Assessments for Street Improvement District No. 1226
#8842 - Consideration of Assessments for Street Improvement District No. 1227
#8843 - Consideration of Assessments for Street Improvement District No. 1228
#8844 - Consideration of Assessments for Street Improvement District No. 1229
#8845 - Consideration of Assessments for Street Improvement District No. 1235
#8846 - Consideration of Assessments for Street Improvement District No. 1236
#8847 - Consideration of Assessments for Business Improvement District No.3
#8848 - Consideration of Assessments for Business Improvement District No.4
#8849 - Consideration of Assessments for Business Improvement District No.5
#8851 - Consideration of Amendment to Salary Ordinance Relative to Computer/GIS
Technician
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Page 4, City Council Regular Meeting, September 9, 2003
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
Walker seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these Ordinances? Earl Hubbard, 07 Navajo
Drive and Gerald and Berdena Leitschuck, 418 Arapahe Avenue spoke in opposition to
Ordinance #8838. No further public comment was heard.
City Clerk: Ordinances #8838, #8839, #8840, #8841, #8842, #8843, #8844, #8845, #8846,
#8847, #8848, #8849 and #8851 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: Ordinances #8838, #8839, #8840, #8841, #8842, #8843, #8844, #8845, #8846,
#8847, #8848, #8849 and #8851 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
#8838, #8839, #8840, #8841, #8842, #8843, #8844, #8845, #8846, #8847, #8848, #8849 and
#8851 are declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Items G-3, G-4, G-15, and G-18 were removed from the Consent
Agenda. Motion by Pielstick, second by Walker, carried unanimously to approve the Consent
Agenda, with the exceptions of G-3, G-4, G15, and G-18. Upon roll call vote, all voted aye.
Motion adopted.
Receipt of Official Document - Civil Service Minutes of August 12,2003.
Approving Minutes of August 26, 2003 City Council Regular Meeting. Councilmember
Cornelius abstained.
Approving Request of Rafael Orozco dba Rafa's Tacos, 811 West 2nd Street for a Class "I"
Liquor License.
#2003-253 - Approving Final Plat and Subdivision Agreement for Park Island Square Sixth
Subdivision. It was noted that Ray O'Connor, owner, had submitted the final plat for Park Island
Square Sixth Subdivision, located along Diers Avenue and south of 13th Street for the purpose to
resubdivide lot 1 Park Island Square Sixth Subdivision into 2 lots.
#2003-254 - Approving Final Plat and Subdivision Agreement for Firethorne Estates Second
Subdivision. It was noted that Marlene Roush, owner, had submitted the final plat for Firethorne
Estates Second Subdivision, located north of Midaro Drive and east of South Locust Street for
the proposed development of 2 lots on a currently unplatted parcel of land in the SW 1/4 of
Section 27- 11- 9. This plat would approve one 19+ acre lot and one 10+ acre lot. These lots
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Page 5, City Council Regular Meeting, September 9, 2003
would be served by individual well and septic systems as public sewer and water were not
available.
#2003-255 - Approving Bid Award for Construction of Water Main District #441 and #442T
with Starostka Group Co. of Grand Island, Nebraska in an Amount of$29,688.00.
#2003-256 - Approving Bid Award for Motor Control Equipment Installation for Platte
Generating Station with Capital Electric of Kansas City, Missouri in an Amount of$71,310.91.
#2003-257 - Approving Medical Director Contract with Saint Elizabeth Physician Network of
Lincoln, Nebraska for the Period of October 1, 2003 through September 30, 2008 for an Amount
of $11,593.00 for the First Year and a 3% Increase Allowed for each Subsequent Year of the
Contract.
#2003-258 - Approving Change Order #1 to the Contract for Sanitary Sewer District #505,
Livengood Subdivision and Along Willow Street with The Diamond Engineering Company of
Grand Island, Nebraska for an Increase of $13 J 15.71 and a Revised Contract Amount of
$84,993.86.
#2003-259 - Approving Contract for HRA Benefit's 501 (c)(9) Veba Trust to Non-Union
Employees with Security Benefit Group of Companies of Topeka, Kansas.
#2003-260 - Approving Contract for Employee Assistance Program (EAP) with Family
Resources of Grand Island of Grand Island, Nebraska in an Amount of $15,487.00 for the First
Year and $16,895.00 Annual Cost for the Following Two Years. Councilmember Walker
abstained.
#2003-261 - Approving Wildlife Control Contract with the U.S. Department of Agriculture
Wildlife Services for a Three Year Period in an Amount of $2,632.00 per year.
#2003-263 - Approving Bid Award for Traffic Signals at the Intersection of 13th Street and Allen
Drive with Kay ton Electric, Inc. of Grand Island, Nebraska in an Amount of$65,525.80.
#2003-264 - Approving Bid Award for Proiect 2003-P-l, Paving of 1/2 Block of Macron Street
North of Norseman Avenue with The Diamond EnJ?:ineering Company of Grand Island,
Nebraska in an Amount of$31,104.99.
#2003-266 - Approving Authorization to Rescind Resolution #2003-252 and Intent to Award
Bid for Proiect 2003-WWTP-1 on October 14,2003.
#2003-265 - Approving Modification to Humane Society Holiday Light Agreement at Stolley
Park. Motion by Nickerson, second by Walker to approve Resolution #2003-265. Steve Paustian,
Parks and Recreation Director reported that this modification would allow the City to provide up
front payment for the electrical modifications at Stolley Park necessary to facilitate the lighting
display. The Humane Society would then reimburse the City for the costs of the electrical
installation at a rate of 15% of the net proceeds of the event until all monies were reimbursed. It
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Page 6, City Council Regular Meeting, September 9, 2003
was anticipated the original cost of installation would be less than $40,000.00. The Humane
Society was also soliciting funds to help defray the cost of the electrical installation and so
monies needed from the City may be substantially less than the $40,000.00 estimate.
Questions were raised concerning stipulations of the pay back and controls for the outlets. Mr.
Paustian stated there was no time limit for the pay back and the outlets would be locked. Upon
roll call vote, all voted aye. Motion adopted.
Approving Request of Mert Nietfeld, 4934 Fort Kearney Road for a Conditional Use Permit for
an Auto Sales Lot Located at 322 West 5th Street. Motion by Nickerson, second by Pauly to
approve the request of Mert Nietfeld for a Conditional Use Permit at 322 West 5th Street.
Councilmember Pielstick questioned why the car lot had been vacant until just recently. Mr.
Nietfeld stated that some vehicles may have been in the building and others had been moved
around.
Upon roll call vote, Councilmembers Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady,
Walker, and Haase voted aye. Councilmember Pielstick voted no. Motion adopted.
Approving Request of Alltel Communications for a Conditional Use Permit for a
Telecommunications Tower Located at 2818 South Locust Street. Motion by Pielstick, second by
Gilbert to deny the request of Alltel Communications for a Conditional Use Permit.
Discussion was had concerning an alternate location, co-locating on other towers, and detracting
from the beautification of South Locust. Craig Lewis, Building Department Director commented
on City Code regulations and zoning requirements. Mr. Lockhorn representing Alltel submitted a
picture of what the tower would look like at this location and commented on the importance of
this location to supply quality service.
Upon roll call vote to deny the request, Councilmembers Pielstick, Pauly, and Hornady voted
aye. Councilmembers Whitesides, Gilbert, Nickerson, Cornelius, Walker, and Haase voted no.
Motion failed.
Motion by Whitesides, second by Nickerson to approve the request of Alltell Communications
for a Conditional Use Permit at 2818 South Locust Street. Upon roll call vote Councilmembers
Whitesides, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase voted yes.
Councilmembers Pielstick and Pauly voted no. Motion adopted.
#2003-262 - Approving Continuation of Sanitary Sewer District No. 510, American
Independence and Western Heights 4th & 5th Subdivisions. Motion by Nickerson, second by
Hornady to approve Resolution #2003-262. Steve Riehle, Public Works Director reported that
Council created the district at the July 22, 2003 council meeting. Gary Valasek, owner of
American Independence Subdivision requested the creation of this District. Public Works staff
established a boundary for the District that made sense for the area. Properties in Western
Heights 4th and 5th Subdivisions and part of Section 11-11-10 were included to make the
proposed District larger. Property owners in Western Heights Subdivisions had expressed
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Page 7, City Council Regular Meeting, September 9,2003
concerns that their inclusion with the properties in American Independence Subdivision had
unfairly stacked the deck against them.
Mr. Reihle stated many districts had been created and were unsuccessful in the Western Heights
area. Some individuals were against the districts because they may have relatively new septic
systems. They were not interested in city sanitary sewer till they get more useful life out of their
investment. Some of those properties now supported a district because they may be having
problems with their septic systems. Others had replaced their systems and now are against a
district. The district completed the protest period at 5:00 PM on Thursday, August 28, 2003.
Protests were filed by 16 property owners representing 2,189.08 front feet, or 38.96% of the total
district frontage of5,6l9.1O feet.
Lyle Nelson, 1316 Branding Iron Lane and Harold Carmichael, 4246 Brand Iron Lane spoke in
opposition. John Hiser, 1304 Branding Iron Lane and Darren Shenk, 1409 Branding Iron Lane
spoke in support. Discussion was had concerning the cost of the district.
Upon roll call vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Request for Approval to Construct a Single Familv Dwelling on the South 20,500 Square Feet of
Lot 50, Kuesters Lake. Motion was made by Nickerson, second by Pielstick, to deny the request
of Dr. & Mrs. Van Wie. Craig Lewis, Building Department Director reported that Vince
Dowding representing Dr. & Mrs. VanWie had submitted a request to construct a single family
dwelling on the south 20,500 square feet of lot 50 at Kuesters Lake. The Grand Island City Code
required council approval of this request as the property was a legal nonconforming use as
several dwellings were located on one property.
Section 36-86 of the City code states any extensions or expansions of a nonconforming use must
receive Council approval. Additionally City Code Section 8-22 provided that no permit should
be issued until authorized by resolution of the City Council where the real property described in
the application did not front upon a dedicated street or public road.
The basic request was to allow for an additional dwelling to be constructed on the Kuesters Lake
property, the property was one tract with several dwellings and a social club built several years
ago which did not comply with zoning restrictions imposed today. It would appear prudent to
require the property to either comply with existing zoning restrictions or rezone the entire tract to
a Residential Development zone which would allowed a more flexible regulation of land use.
The approval of an onsite wastewater treatment system for this proposed location had been
received from the State of Nebraska, Department of Environmental Quality. In reviewing that
approval it did not appear that all the neighboring sites had been considered nor had their field
and reserve spaces been identified. With the concerns and difficulties staff has had in the past
locating building additions, wells, and replacement septic systems, it doesn't appear prudent to
allow for additional dwellings to be constructed unless and until the entire site has been
evaluated with respect to future needs.
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Page 8, City Council Regular Meeting, September 9, 2003
Bruce Schreiner, 3535 Grassridge Drive representing the Van Wie's spoke in support. Bob Kutz,
#20 Kuester Lake and President of the Kuester Lake Association spoke in support. Tim Plate,
#33 Kuester Lake spoke in opposition stating the lots needed to be platted and was concerned
about the well locations from the leech fields. Ron Rockwell, 1439 Howard Place was present to
answer questions with regards to the NDEQ results.
Upon roll call voted, Councilmembers Whitesides, Pielstick, Gilbert, Nickerson, Cornelius,
Pauly, Homady, and Haase voted aye. Councilmember Walker voted no. Motion adopted.
Request from Goodwill Industries to Serve Alcohol at the Skeet Range. City Clerk RaNae
Edwards reported that the City Clerk's Office had received a letter from Goodwill Industries to
hold its Platte River Charity Shoot at the Grand Island Skeet Club on September 27, 2003 and
were requesting to serve alcoholic beverages. As this was City owned property, it had been the
policy of the City to have Council approval. If approval was given they would be required to
obtain a Special Designated Liquor License. Ken Fegter, 431 East Dodge Street spoke in
oppotition.
Motion was made by Whitesides, second by Pauly, to approve the request from Goodwill
Industries. Upon roll call vote, Councilmembers Whitesides, Gilbert, Nickerson, Cornelius,
Pauly, Walker, and Haase voted aye. Councilmember Pielstick voted no. Councilmember
Hornady abstained. Motion adopted.
RESOLUTIONS:
#2003-267 - Approving General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that this item
related to the aforementioned Public Hearing.
Motion was made by Whitesides, second by Hornady, to approve Resolution #2003-267. Upon
roll call voted, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Cornelius, carried unanimously to approve the Claims for the
period of August 27, 2003 through September 9, 2003, for a total amount of $2,800,804.01.
Motion adopted.
ADJOURNMENT: The meeting was adjourned at 9:45 p.m.
Respectfully submitted,
RJ\<u-w~
RaN ae Edwards
City Clerk