11/28/2006 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 28,2006
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 November 28, 2006. Notice of the meeting was given in The Grand Island
Independent on November 22, 2006.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase. The following City Officials were present: City Administrator
Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works
Director Steve Riehle, and Interim City Attorney Dale Shotkoski.
INVOCATION was given by Pastor Josh Sikes, Third City Christian Church, 4100 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek acknowledged Community Youth Council
members Kasey Grim and Ben Robbins.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of the Howard Eakes Award to 1-R School 8th Grade Class from Clean Community
System. The Mayor and City Council recognized the efforts of District 1-R eighth grade students
for work on an anti-littering campaign. Betty Curtis representing Clean Community Systems
presented the "Howard Eakes Award" to the eighth-graders.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Cornelius, second by Pielstick,
carried unanimously to adjourn to the Board of Equalization.
#2006-BE-12 - Consideration of Determining Benefits for Sanitary Sewer District No. 519. Lots
10 through 21 of Westwood Park Second Subdivision. Steve Riehle, Public Works Director
reported that Sanitary Sewer District No. 519 was completed by The Starostka Group Unlimited,
Inc. and a certificate of final completion was approved on October 24, 2006. The cost to be
assessed was $167,939.30.
Bill Foster, 817 Redwood Road spoke in opposition.
Motion by Pielstick, second by Hornady to approve Resolution #2006-BE-12. Upon roll call
vote, all voted aye. Motion adopted.
#2006-BE-13 - Consideration of Determining Benefits for Sanitary Sewer District No. 521: Lot
9 of Westwood Park Second Subdivision. Steve RieWe, Public Works Director reported that
Sanitary Sewer District No. 521 was completed by The Starostka Group Unlimited, Inc. and a
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Page 2, City Council Regular Meeting, November 28, 2006
certificate of final completion was approved on October 24, 2006. The cost to be assessed was
$13,994.94.
Motion by Pielstick, second by Homady to approve Resolution #2006-BE-13. 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 HEARlNGS:
Public Hearing on Change of Zoning for a Tract of Land Proposed for Platting as Ponderosa
Village Subdivision Located West of Highway 281 and South of Rae Road from RD Residential
Development to B2 General Business. Chad Nabity, Regional Planning Director reported that the
developer was proposing to move James Road to the west creating more space between U.S.
Highway 281 and the frontage road and reconfigure the intersection of James Road and Rae
Road. No public testimony was heard.
Public Hearing on Amendment to Redevelopment Plan for Blighted and Substandard Area #2 for
Southeast Crossings LLC for a Commercial Center to be Located at 939 South Locust Street
(Ray O'Connor) Chad Nabity, Regional Planning Director reported that Ray O'Connor of
Southeast Crossings LLC had applied for tax increment financing for the development of and
expansion of commercial retail/office space at 939 South Locust Street. A proposed
redevelopment contract would extend tax increment financing for 15 years and not exceed
$182,560.00 during that period oftime. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3203 Frontage Road - Webb Road
and Highway 30 (Grand Island Commercial Ventures. LLC) Gary Mader, Utilities Director
reported that acquisition of a utility easement located at 3203 Frontage Road, Webb Road and
Highway 30 was needed in order to have access to install, upgrade, maintain, and repair water
mains. This easement would be used to place a three-phase pad-mounted transformer to provide
electrical service to a new commercial building. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 1312 Sky Park Road (Central
Nebraska Humane Society) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 1312 Sky Park Road was needed in order to have access to install, upgrade,
maintain, and repair water mains. This easement would be used to place underground conduit,
cable, and a pad-mounted transformer to provide electrical service to the new Humane Society
building. 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:
#9083 - Consideration of Creation of Water Main District No. 453T - Grand Island
Army Aviation Support Facility
#9086 - Consideration of Creation of Water Main District No. 455 - Parkview Area
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Page 3, City Council Regular Meeting, November 28, 2006
#9090 - Consideration of Creating Sanitary Sewer Connection District No. 522T; Gravity
Main Force Main and Lift Station for the Nebraska Army National Guard Aviation
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Support Facility
#9091 - Consideration of Assessments for Sanitary Sewer District No. 519; Lots 10
through 21 of Westwood Park Second Subdivision
#9092 - Consideration of Assessments for Sanitary Sewer District No. 521; Lot 9 of
Westwood Park Second Subdivision
#9093 - Consideration of Vacating a Portion of James Road Right-of-Way South of Rae
Road
#9094 - Consideration of Amending Chapter 4 of the Grand Island City Code Relative to
Alcoholic Beverages
#9095 - Consideration of Change of Zoning for a Tract of Land Proposed for Platting as
Ponderosa Village Subdivision Located West of Highway 281 and South of Rae Road
from RD Residential Development to B2 General 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 first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage."
Council member Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
#9083 - Consideration of Creation of Water Main District No. 453T - Grand Island
Army Aviation Support Facility
#9086 - Consideration of Creation of Water Main District No. 455 - Parkview Area
Gary Mader, Utilities Director reported that Ordinance #9083 would extend a water system trunk
line to the Central Nebraska Regional Airport as part of competing for the Army Aviation
Support Facility. Ordinance #9086 would create a Water Main District in the Parkview
Subdivision at the request of residents in the area.
Discussion was held concerning the annexation of the Parkview area.
Motion by Gilbert, second by Cornelius to approve Ordinances #9083 and #9086.
City Clerk: Ordinances #9083 and #9086 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 #9083 and #9086 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 #9083 and #9086 are declared to be lawfully adopted upon publication as required by
law.
#9090 - Consideration of Creating Sanitary Sewer Connection District No. 522T; Gravity
Main, Force Main, and Lift Station for the Nebraska Army National Guard Aviation
Support Facility
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Page 4. City Council Regular Meeting. November 28. 2006
#9091 - Consideration of Assessments for Sanitary Sewer District No. 519; Lots 10
through 21 of Westwood Park Second Subdivision
#9092 - Consideration of Assessments for Sanitary Sewer District No. 521; Lot 9 of
Westwood Park Second Subdivision
#9093 - Consideration of Vacating a Portion of James Road Right-of-Way South of Rae
Road
Steve Riehle, Public Works Director reported that Ordinance #9090 would create Sanitary Sewer
Connection District No. 522T to provide sanitary sewer service to the Nebraska Army National
Guard Helicopter facility, Ordinance #9091 and #9092 related to the aforementioned Public
Hearing and Ordinance #9093 would vacate a portion of James Road right-of-way south of Rae
Road and west of Ponderosa Village Subdivision.
Motion by Hornady, second by Gilbert to approve Ordinances #9090, #9091, #9092, and #9093.
City Clerk: Ordinances #9090, 9091, 9092, and #9093 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 #9090, #9091, #9092, and #9093 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 #9090, 9091, 9092, and #9093 are declared to be lawfully adopted upon publication
as required by law.
#9094 - Consideration of Amending Chapter 4 of the Grand Island City Code Relative to
Alcoholic Beverages
Dale Shotkoski, Interim City Attorney reported that changes to Chapter 4 of the Grand Island
City Code had been brought before Council at their November 21, 2006 Study Session. Mr.
Shotkoski reviewed the suggested changes.
Terry Pielstick, 722 East 7th Street spoke in opposition. Robert Bonk, 1616 Stagecoach Road
clarified Project Extra Mile's position and definition of bar and restaurant. Heather Tjaden
representing Central Nebraska Council on Alcoholism spoke of strengthening the City Code and
promoting public health and safety.
A lengthy discussion was held regarding the definition of restaurant and bars relating to minors
in bars after 9:00 p.m.
Motion by Whitesides, second by Nickerson to approve Ordinance #9094.
City Clerk: Ordinance #9094 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides,
Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase voted aye. Council member
Pielstick voted no. Motion adopted.
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Page 5, City Council Regular Meeting, November 28, 2006
City Clerk: Ordinance #9094 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Council member' s Meyer, Whitesides,
Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase voted aye. Councilmember
Pielsitck voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9094 is declared to be lawfully adopted upon publication as required by law.
#9095 - Consideration of Change of Zoning for a Tract of Land Proposed for Platting as
Ponderosa Village Subdivision Located West of Highway 281 and South of Rae Road
from RD Residential Development to B2 General Business
Chad Nabity, Regional Planning Director reported this item related to the aforementioned Public
Hearing.
Motion by Cornelius, second by Gilbert to approve Ordinance #9095.
City Clerk: Ordinance #9095 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9095 on final passage. All those in favor of the passage of this ordinance
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,
Ordinance #9095 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-3 was pulled for further discussion. Motion by
Hornady, second by Cornelius to approve the Consent Agenda excluding item G-3. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of November 14. 2006 City Council Regular Meeting.
Approving Minutes of November 21.2006 City Council Study Session.
#2006-341 - Approving Final Plat and Subdivision Agreement for Ponderosa Village
Subdivision. It was noted that the Husker Retail Group, LLC, owner had submitted a Final Plat
for Ponderosa Village Subdivision located on a tract of land consisting of part of Outlot B and
part of Outlot C4 of Ponderosa Lake Estates Subdivision, all of Block 4 and all of Block 5 of
Ponderosa Lake Estates Fourth Subdivision and vacated James Road Right-of-Way located in the
SEl/4 of Section 36-11-10 consisting of approximately 4.49 acres for the purpose of creating 4
lots.
#2006-342 - Approving Amendments to Personnel Rules & Regulations Relative to Severance
Pay.
#2006-343 - Approving lnterlocal Cooperation Agreement with Hall County Airport Authority
for Law Enforcement Security at the Airport.
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Page 6, City Council Regular Meeting, November 28, 2006
#2006-344 - Approving Contract Renewal with Hall County Housing Authority for Police
Services.
#2006-345 - Approving State Bid Contract for Three (3) 2007 Ford SUV Expedition Police
Vehicles with Anderson Ford of Grand Island. Nebraska for a Total Amount of$77,595.00.
#2006-346 - Approving Change Order NO.8 with Chief Construction of Grand Island. Nebraska
for Law Enforcement Center for Decrease in the Contingency Fund of $3.337.40 and a Revised
Contingency Amount of $146.893.24.
#2006-347 - Approving Change Order NO.1 to the Contract with The Diamond Engineering
Company of Grand Island. Nebraska for Construction of Street Improvement District No. 1258
for an Increase of$1.485.00 and a Revised Contract Amount of$159.371.40.
#2006-348 - Approving Certificate of Final Completion for Street Improvement District No.
1258 with The Diamond Engineering Company of Grand Island. Nebraska.
#2006-349 - Approving Acquisition of Utility Easement Located at 3203 Frontage Road - Webb
Road and Highway 30. (Grand Island Commercial Ventures, LLC)
#2006-350 - Approving Acquisition of Utility Easement Located at 1312 Sky Park Road.
(Central Nebraska Humane Society)
#2006-351 - Approving Amendment to the Redevelopment Plan for Blighted and Substandard
Area #2 for Southeast Crossings LLC for a Commercial Center to be Located at 939 South
Locust Street. (Ray O'Connor)
Approving Preliminary Plat for Prairie Acres Subdivision. Chad Nabity, Regional Planning
Director reported that Shafer Commercial Properties LLC, owner had submitted a Preliminary
Plat for Prairie Acres Subdivision located on a tract ofland comprising a part of the E 1/2 SWl/4
of Section 12-11-10 consisting of approximately 69.4 acres for the purpose of creating 190 lots.
The following people spoke in opposition:
Doug Bandemer, 3904 Meadow Way Trail
Corby Flagel, 3932 Meadow Way Trail
Jim Brisnehan, 3927 Partridge Circle
Ryan Bartels, 3933 Partridge Circle
Todd Enck, 511 Fleetwood Circle
Ken Thompson, 3915 Meadow Way Trail
Dana Ferguson, 1521 Warbler Circle
The following people spoke in support:
Lisa Heinemann, 4077 Dack Avenue
Joel Shafer, 66 Ponderosa Drive, developer
Pat Heng, Attorney for Shafer Commercial Properties, Omaha
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Page 7, City Council Regular Meeting, November 28, 2006
Mr. Shafer stated these would be affordable housing single family homes with a minimum of
1,100 to 1,500 square feet with 2 car garages and basements in the range of $130,000 to
$180,000. He stated there would be 190 lots total with approximately 72 lots in the first phase
with a public street connecting 13th Street and State Street. He also stated he would not be
building the homes. Mr. Shafer stated there would be covenants and they would be compatible
with Summerfield Estates covenants.
Chad Nabity, Regional Planning Director reported that there had been approximately 1,500
preliminary lots and 400 lots with final plats approved this year. Discussion was held regarding
the lot size for Prairie Acres which were from 6,000 to 10,000 square feet.
Motion by Nickerson, second by Whitesides to approve the Preliminary Plat for Prairie Acres
Subdivision. Upon roll call vote, Councilmember's Whitesides, Gilbert, Nickerson, Cornelius,
Pauly, and Hornady voted aye. Councilmember's Meyer, Pielstick and Walker vote no.
Councilmember Haase abstained. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady to approve the Claims for the period of November 15,
2006 through November 28, 2006, for a total amount of $3,395,772.77. Motion adopted
unanimously. Councilmember Pielstick abstained from Claim #142637.
Motion by Cornelius, second by Hornady to approve the following Claim for the Library
Expansion for the Period of November 15, 2006 through November 28,2006:
#44 $1,250.00
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:05 p.m.
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RaNae Edwards
City Clerk
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