04/11/2006 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 11, 2006
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 11, 2006. Notice of the meeting was given in The Grand Island Independent on
April 5, 2006.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady,
Walker, and Haase. Councilmember Gilbert was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Public Works Director Steve Riehle, and Attorney Dale Shotkoski.
INVOCATION was given by Pastor Nancy Lambert, Trinity United Methodist Church, 511
North Elm Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
1. Scott Usher - Short Course World Championships in Shanghai, China placing 7th in
the 100 Breast, 7th in the 200 Breast, 24th in the 50 Breast and 2nd in the Medley Relay
Swimming Competition.
2. Heartland Events Center bid for State Volleyball Championship. Even though we
didn't get the bid will work towards statewide events in the future.
3. Brianna Hanse, 5th grade student from Knickrehm Elementary School gave her
"Greatest Reasons to Live in Grand Island".
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Child Abuse Prevention Month" April 2006. Mayor Vavricek has proclaimed the
month of April 2006 as "Child Abuse Prevention Month". Dori Bush and Janice Lee were
present to receive the proclamation.
ADJOURN TO BOARD OF EOUALIZA TION: Motion by Hornady, second by Cornelius,
carried unanimously to adjourn to the Board of Equalization.
#2006-BE-4 - Consideration of Determining Connection Fees for Water Main District No. 499T:
North Road and Faidley Avenue. Gary Mader, Utilities Department Director reported that the
work had been completed and special connection fees had been calculated for Water Main
District No. 499T. The total cost to construct the district was $349,454.36. The total chargeable
amount was $188,844.29.
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Page 2, City Council Regular Meeting, Aprilll, 2006
Motion by Pielstick, second by Hornady to approve Resolutions #2006-BE-4. Upon roll call
vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Grand Island Venue I. Inc. dba Cop a Cabana. 2850 Old Fair Road
for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that Grand Island Venue I,
Inc. dba Copa Cabana, 2820 Old Fair Road had submitted an application with the City Clerk's
Office for a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
March 1, 2006; notice to the applicant of date, time, and place of hearing mailed on March 27,
2006; notice to the general public of date, time, and place of hearing published on April 1, 2006;
along with Chapter 4 of the City Code. Staff recommended approval. Attorney Bill Francis spoke
in support. No further public testimony was heard.
Public Hearing on Request of De Luna Corporation dba Tabares Bar & Grill. 106 West 4th Street
for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that De Luna Corporation
dba Tabares Bar & Grill, 106 West 4th Street had submitted an application with the City Clerk's
Office for a Class "C" Liquor License. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
March 13, 2006; notice to the applicant of date, time, and place of hearing mailed on March 13,
2006; notice to the general public of date, time, and place of hearing published on April 1, 2006;
along with Chapter 4 of the City Code. Staff recommended approval. John Sellers, 207 West 3rd
Street spoke in support and about the error in the social security number on the background
check. No further public testimony was heard.
Public Hearing on Request of Funk Family, LLC by Dale Funk for Conditional Use Permit for
Temporary Office Located at 1612 South Webb Road. Craig Lewis, Building Department
Director reported that Dale Funk representing Funk Family, LLC had requested a conditional use
permit to allow for the temporary use of a trailer to facilitate office operations at Lumbermen's
located at 1612 South Webb Road due to damage by the recent snow storm to the building. No
public testimony was heard.
Public Hearing on Request of John Luisi for NE Colorado Cellular. Inc. dba Viaero Wireless for
Conditional Use Permit for a 120' Telecommunications Tower Located at 305 Wilmar Avenue.
Craig Lewis, Building Department reported that John Luisi had requested a conditional use
permit on behalf of NE Colorado Cellular, Inc. dba Viaero Wireless located at 305 Wilmar
Avenue for a 120' telecommunications tower. Staff recommendation was to deny the request as
the application was not submitted as prescribed in the City Code and that the proposal would not
protect residential areas and land uses from the potential adverse impact of the
telecommunications tower. John Luisi, 1512 South Locust Street spoke in support. No further
public testimony was heard.
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Page 3, City Council Regular Meeting, April II, 2006
Public Hearing on Acquisition of Utility Easement Located 1/2 Mile North of Bismark Road and
1/2 Mile East of Gunbarrel Road. (Hooker Brothers) Gary Mader, Utilities Director reported that
acquisition of a utility easement located 1/2 mile north of Bismark Road and 1/2 mile east of
Gunbarrel Road, located in Merrick County was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
purpose of the easement would be to construct a three phase overhead power line to serve the
property. No public testimony was heard.
Public Hearing Concerning the Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan. Tim White, Chairman of the Citizens' Review
Committee stated the Citizens' Review Committee was required by State Statute and the Grand
Island City Code to make a semi-annual report to the City Council. No public testimony was
heard.
ORDINANCES:
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9041 - Consideration of Creating Sanitary Sewer District No. 521; Lot 9 of Westwood
Park 2nd Subdivision (829 Redwood Road)
#9042 - Consideration of Vacating a 10' by 15' Utilities Easement on Lot #6 of Santa
Anita Estates 2nd Subdivision (204 Saratoga Circle, Shafer Properties, LLC)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to callout the number of these ordinances on first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage."
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Motion by Pielstick, second by Hornady to approve Ordinances #9041 and #9042.
City Clerk: Ordinances #9041 and #9042 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 #9041 and #9042 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9041 and #9042 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
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Page 4, City Council Regular Meeting, April II, 2006
Receipt of Official Documents - Pawnbroker's Official Bonds for G.I. Loan Shop. Stwewart's
Loan and Pawnshop. and Wayne's Pawn Shop.
Approving Minutes of March 28. 2006 City Council Regular Meeting. Councilmember Meyer
abstained.
Approving the Appointment of Dale Shotkoski as Interim City Attorney.
Approving Request of funk Family. LLC by Dale Funk for Conditional Use Permit for
Temporary Office Located at 1612 South Webb Road.
Approving Preliminary Plat for Springdale Subdivision. It was noted that Karen Bredthauer,
owner proposed to create 36 lots on a parcel ofland located in the SE 1/4 NE 1/4 of Section 23-
11-10 consisting of approximately 14.229 acres.
Approving Preliminary Plat for Sterling Estates Subdivision. It was noted that Niedfelt Property
Management Preferred, LLC, owner proposed to create 241 lots on a parcel of land located in the
NW 1/4 of Section 12-11-10 consisting of approximately 116.13 acres.
Approving Preliminary Plat for Summerfield Estates Fifth Subdivision. It was noted that Little
B's Corporation, owner had proposed to create 14 lots on a parcel of land in the W 1/2 SW 1/4 of
Section 12-11-10 consisting of approximately 3.51 acres.
#2006-95 - Approving Contract with the Nebraska Department of Roads to Acquire Right-of-
Way and a Temporary Easement Adiacent to the City Library Parking Lot for the Widening of
US Highway 30 on 2nd Street.
#2006-105 - Approving Final Plat and Subdivision Agreement for Bosselville Second
Subdivision. It was noted that Bosselman Incorporated, owner proposed to create 2 lots on a
parcel ofland consisting of Lots 5 & 6, Block 1, Bosselville Subdivision and part of the NE 1/4
of Section 24-10-10 consisting of approximately 2.19 acres.
#2006-106 - Approving Final Plat and Subdivision Agreement for Larue Subdivision. It was
noted that Housing Plus LLC, owner proposed to create 142 lots on a parcel ofland in the E 1/2
NW 1/4 of Section 13-11-10 consisting approximately 35.922 acres.
#2006-107 - Approving Final Plat and Subdivision Agreement for Livermore Subdivision. It
was noted that James C. and Marlys M. Livermore, owners proposed to create 2 lots on a parcel
of land in the E 1/2 NW 1/4 of Section 28-11-09 consisting approximately 1.052 acres.
#2006-108 - Approving Final Plat and Subdivision Agreement for Neumann Second
Subdivision. It was noted that Hall County School District 2, owner proposed to create 2 lots on
a parcel ofland comprising of Lot 1, Neumann Second Subdivision consisting of approximately
108.256 acres.
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Page 5, City Council Regular Meeting, Aprilll, 2006
#2006-109 - Approving Final Plat and Subdivision Agreement for Summerfield Estates Fifth
Subdivision. It was noted that Little B's Corporation, owner had proposed to create 14 lots on a
parcel ofland in the W 1/2 SW 1/4 of Section 12-11-10 consisting of approximately 3.51 acres.
#2006-110 - Approving Certificate of Final Completion for Concrete Ditch Lining Between
Arizona and Nevada from Independence to East of Idaho: Proiect 2005-D-2 with The Diamond
Engineering Company of Grand Island. Nebraska.
#2006-111 - Approving Bid Award for Street Improvement District No. 1258: Faidley Avenue
Extending West for Six Hundred Fifty Fee (650 Feet) with The Diamond Engineering Company
of Grand Island. Nebraska in an Amount of $157.866.40.
#2006-112 - Approving Acquisition of Utility Easement Located 1/2 Mile North of Bismark
Road and 1/2 Mile East of Gunbarrel Road. (Hooker Brothers)
#2006-113 - Approving Connection Fees for Water Main District 449T: North Road and Faidley
Avenue.
#2006-114 - Approving Bid Award for Transmission Line and Substation Engineering Services
with Advantage Engineering of Chesterfield. Missouri in an Amount not to exceed
$2.383.000.00.
#2006-115 - Approving Renewal of Leases at Cornbusker Army Ammunition Plant for Storage
Buildings with Dominion Construction Company of Scottsbluff. Nebraska in an Amount of
$2.000.00: Jerry Harders of Wood River. Nebraska in an Amount of $500.00: and Nebraska
State Patrol of Lincoln. Nebraska in an Amount of$500.00.
#2006-116 - Approving Subordination Request for Doug and Angie Boersen. 3324 Homestead
Drive.
#2006-117 - Approving Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan.
#2006-118 - Approving a Time Extension to the Contract with the Starostka Group Unlimited.
Inc., for Construction of Sanitary Sewer District 519: Lots 10 through 21 of Westwood Park
Second Subdivision with a new completion date of June 24. 2006.
#2006-119 - Approving Installation of a Traffic Signal on US Highway 30 at the Shared
Driveway Serving the Public Safety Center and the Hall County Jail Complex.
#2006-120 - Approving Memorandum of Understanding with the Nebraska Emergency
Management Agency for Homeland Security Grant Funding.
#2006-121 - Approving Interlocal Agreement for Cooperative Public Safety Services for
Interoperable Radio System.
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Page 6, City Council Regular Meeting, April II, 2006
REQUESTS AND REFERRALS:
Consideration of the Request from Ryan Hansen for Extension of Nonconforming Use at 2216
South Locust Street. Craig Lewis, Building Department Director reported that Ryan Hansen had
submitted a request to allow for the expansion of a nonconforming use at the property located at
2216 South Locust Street. It was proposed to construct a new building at 2216 South Locust
Street for a body shop operation and the possibility of selling the existing building at 212
Wyandotte for an alterative business.
Motion by Hornady, second by Pielstick to approve the request of Ryan Hansen for the extension
of nonconforming use located at 2216 South Locust Street. Upon roll call vote, all voted aye.
Motion adopted.
Approving Request of John Luisi for NE Colorado Cellular. Inc. dba Viaero Wireless for
Conditional Use Permit for a 120' Telecommunications Tower Located at 305 Wilmar Avenue.
Craig Lewis, Building Department Director reported this item related to the aforementioned
Public Hearing.
Discussion was held on the co-location options of other towers. Wes Barnett, Vice President of
Technical Services stated that it was not possible to co-locate on a government owned tower due
to regulations, which eliminated the State Patrol Tower. Mr. Lewis pointed out 5 other towers in
the one mile area. Mr. Luisi commented that their tower was only 120' which was not as tall as
the other towers in the area.
Motion by Whitesides, second by Nickerson to approve the request of John Luisi on behalf of
Viaero Wireless for a Conditional Use Permit for Telecommunications Tower located at 305
Wilmar Avenue. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2006-104 - Approving Request of Grand Island Venue I. Inc. dba Copa Cabana. 2850 Old Fair
Road for a Class "C" Liquor License. RaNae Edwards, City Clerk reported this item related to
the aforementioned Public Hearing and recommended approval contingent upon final
inspections.
Motion by Hornady, second by Walker to approve the request of Grand Island Venue I, Inc. dba
Copa Cabana, 2850 Old Fair Road for a Class "C" Liquor License contingent upon final
inspections. Upon roll call vote, all voted aye. Motion adopted.
#2006-122 - Approving Request of De Luna Corporation dba Tabares Bar & GrilL 106 West 4th
Street for a Class "C" Liquor License and Octavio De Luna-Rodriquez. 908 East Bismark Road
for Liquor Manager Designation. RaNae Edwards, City Clerk reported this item related to the
aforementioned Public Hearing with the request of Octavio De Luna Rodriquez for a Liquor
Manager designation. Approval was recommended contingent upon final inspections and the
stipulation that a state approved server/seller training program be completed.
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Page 7, City Council Regular Meeting, April 11, 2006
Motion by Hornady, second by Nickerson to approve the request. of De Luna Corporation dba
Tabres Bar & Grill, 106 West 4th Street for a Class "C" Liquor License contingent upon final
inspections and the request of Octavio De Luna Rodriquest for a Liquor Manager designation
with the stipulation that a state approved server/seller training program be completed. Upon roll
call vote, all voted aye. Motion adopted.
#2006-123 - Approving Bid Award for Construction of Fire Station #1 with Tri Valley Builders,
Inc. of Grand Island, Nebraska. Jim Rowell, Fire Chief introduced the committee and reported
that the bids came in over the estimate due to the price increase of steel and fuel. All the bids
received were very competitive and good bids. After checking with the Legal Department,
Finance Department, and Administration it was agreed to bring this forward as there were funds
available.
Motion by Meyer, second by Whitesides to approve the bid award for construction of Fire
Station #1 with Tri Valley Builders, Inc. of Grand Island in an amount of $2,195,000.00 and the
following alternates:
1. Alternate No.1 - Fourth drive-thru bay - $125,000.00
2. Alternate No.2 - Plymovent exhaust system - $3,500.00
3. Alternate No.3 - Natural gas generator - $55,000.00
4. Alternate No.4 - Storage building - $77,000.00
Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady to approve the Claims for the period of March 29,
2006 through April 11, 2006, for a total amount of$I,713,001.53. Motion adopted unanimously.
Council member Pielstick abstained from Claim #123790.
Motion by Corneilus, second by Hornady to approve the following Claims for the Library
Expansion for the period of March 29,2006 through April 11, 2006:
#25 $222,699.85
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 8: 10 p.m.
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RaNae Edwards
City Clerk
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