02/18/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 18, 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 February 18, 2003. Notice of the meeting was given in the Grand Island Independent
on February 12, 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 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 Elder Jerry
Bady, Church of Christ, 2822 West Stolley Park Road.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Ten individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
"It's About Kids!" Presentation by Paul Bennett. Youth Leadership Tomorrow, "It's About
Kids!" asset was presented by Paul Bennett.
Presentation by McDermott & Miller, for FY 2002 City Single Audit and General Purpose
Financial Statements. Mike Was singer, representing McDermott & Miller presented the City
Single Audit and General Purpose Financial Statements for FY 2002 2001 and stated that the
City had received an unqualified opinion which was the best rating given. Mr. Was singer
thanked the staff for their cooperation.
PUBLIC HEARINGS:
Public Hearing on Changes to the Grand Island Zoning Map for Property Located at 4576 West
US Highway 30. Chad Nabity, Regional Planning Director reported that Diane Means, owner,
wa,s requesting a change of zoning for property located at 4576 west US Highway 30. This
application proposed to change the zoning from T A Transitional Agricultural to B2 General
Business. This change was in conformance with the Grand Island Comprehensive Plan. The
Regional Planning Commission at their regular meeting held February 5,2003, voted to approve
and recommended the Grand Island City Council approve this amendment to the Grand Island
Zoning Map. Diane Means, 4576 West Highway 30 spoke in support. No further public
testimony was heard.
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Page 2, City Council Regular Meeting, February 18, 2003
Public Hearing on Request of Heartland Insurance Pool, Inc. for Conditional Use Permit Located
at 1023 East Airport Road. Craig Lewis, Building Department Director reported that Mike
Merrill of Heartland Insurance Pool, Inc., 1023 East Airport Road, had submitted an application
with the City Clerk's Office for a Conditional Use Permit to allow for a salvage yard and
insurance pool auction located at 1023 East Airport Road. The Grand Island city code amended
by the City Council on September 10, 2002 required all salvage operations to acquire approval of
the City Council in the form of an approved conditional use permit. No public testimony was
heard.
Public Hearing on Request of Hooker Brother Sand & Gravel for a Conditional Use Permit
Located at 3860 South Locust Street. Craig Lewis, Building Department Director reported that
Hooker Brothers Sand & Gravel, 3860 South Locust Street, had submitted a request with the
City Clerk's Office to renew their Conditional Use Permit to temporarily allow for a portable hot-
mix asphalt plant, belonging to Werner Construction to be located at 3860 South Locust Street.
On February 27, 2001, City Council approved this request for a two-year period of time. This
property was zoned T A Transitional Agricultural and as such these types of uses were only
allowed as temporary and must be approved by the City Council.
Robin Buettenback, 3742 South Locust, Ignacio Contreras, 3892 South Locust, and Otto Frauen,
394 J Road, Chapman spoke in opposition. Richard Ray representing Werner Construction spoke
in support. No further public testimony was heard.
Public Hearing on Request of Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd
Street, for a Class "C" Liquor License. City Clerk, RaNae Edwards reported that Manuel V.
Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street had submitted an application with
the City Clerk's Office for a Class "C" Liquor License which allows for the sale of alcoholic
beverages on and off sale within the corporate limits of the City of Grand Island. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on January 22, 2003; notice to applicant of date, time and
place of hearing mailed on January 29,2003; notice to the general public of date, time and place
of hearing published on February 8, 2003; Chapter 4 of the City Code. Manuel Garcia, owner of
Garcia's Mexican Restaurant spoke in support. No further public testimony was heard.
Public Hearing on Request of Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, for
Class "C" Liquor License. City Clerk, RaNae Edwards reported that Jeffrey S. Richardson,
President, representing Balz Sports Bar, 700 East Stolley Park Road had submitted an
application with the City Clerk's Office for a Class "C" Liquor License which allows for the sale
of alcoholic beverages on and off sale within the corporate limits of the City of Grand Island.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on January 28, 2003; notice to applicant of date,
time and place of hearing mailed on January 29,2003; notice to the general public of date, time
and place of hearing published on February 8, 2003; Chapter 4 of the City Code. No public
testimony was heard.
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Page 3, City Council Regular Meeting, February 18, 2003
Public Hearing on One and Six Year Street Improvement Program. Steve Riehle, Public Works
Director reported that adoption of a One and Six Year Street hnprovement Program was required
by State law as one of the requirements to receive approximately three million dollars of road
funds each year. The Regional Planning Commission unanimously approved the One and Six
Year Street Improvement Program at their meeting on Wednesday, February 5, 2003. The City
Council reviewed the program at the Tuesday, February 11,2003 Study Session. At that time, it
was requested that the widening of Stolley Park Road west of US Highway 281 be moved from
the 2005 construction season to the 2004 season. This change had been made.
Sam Huston, 2008 West Stolley Park Road spoke in opposition of the Stolley Park Road
expansion. Valerie Palu, 4019 Kay A venue spoke about problems at Kay A venue and Macron
Street. No further public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement in Lots 1 and 2, Lassonde Subdivision
Located at 1027 Capital Avenue. (R & M Lassonde Family Trust) Steve Riehle, Public Works
Director reported that Fred Hoppe would be developing the property directly south of the
Lassonde Subdivision. The Public Utility Easement would provide access for the installation and
maintenance of the public sewer mains to serve this area. Ray Lassonde, 2915 West Stolley Park
Road spoke about concerns he had and money already spent. No further public testimony was
heard.
Public Hearing on Acquisition of Public Utility Easement in Lot 2, Pedcor Subdivision Located
at 3330 Husker Highway. (Pedcor Investments) Steve Riehle, Public Works Director reported
that it was necessary to acquire an easement for the installation and maintenance of public sewer
mains. The sewer would serve businesses along Langenheder Street north and west of the
intersection of US Highway 281 and Husker Highway. Acquisition of this easement would
significantly reduce the cost of the sanitary sewer district and the assessments to the benefiting
properties. The property owner had been contacted regarding the terms of this easement and it
was now time for Council approval of the acquisition. The cost of the easement was a minimal
fee. 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 ordinance numbered
#8794 - Consideration of Change of Land Use Designation for Property Located at 4576
West US Highway 30
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 this ordinance on its 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 this ordinance? No public testimony was
heard.
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Page 4, City Council Regular Meeting, February 18, 2003
City Clerk: Ordinance #8794 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 any. Motion adopted.
City Clerk: Ordinance #8794 on final passage. All those in favor of the passage ofthis ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor: By reason of the roll cal votes on first reading and then upon final passage, Ordinance
#8794 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Councilmember Whitesides requested items G-5, G-6, and G-14 be
removed from the Consent Agenda. Councilmember Walker had questions concerning items G-
12 and G-19. Councilmember Pielstick had a question concerning item G-16. Councilmember
Larson had questions concerning items G-23 and G-24. Councilmember Nickerson had a
question on item G-17. Motion by Whitesides, second by Walker, carried unanimously to
approve the Consent Agenda excluding items G-5, G-6, G-14, G-16 and G-24.
Receipt of Official Document - Civil Service Minutes of January 29,2003.
Approving Minutes of February 4,2003 City Council Regular Meeting.
Approving Minutes of February 11, 2003 City Council Study Session. Councilmember Hornady
abstained.
Approving Request of Heartland Insurance Pool. Inc. for Conditional Use Permit Located at
1023 East Airport Road.
Approving Request of Heartland Catering, Inc. dba Heartland Catering, 700 East Stolley Park
Road, Liquor License "C-57251" for Deletion of Designated Areas. Councilmember Meyers
abstained.
Approving Request of Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, for Class "c"
Liquor License. Councilmember Meyer abstained.
Approving Request of Jeffery Richardson, #47 Kuester Lake for Liquor Manager Designation
for Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road. Councilmember Meyer
abstained.
Approving Preliminary Plat for Timberline Subdivision.
#2003-44 - Approving Final Plat and Subdivision Agreement for Country Meadows Second
Subdivision.
#2003-45 - Approving One and Six Year Street Improvement Program.
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Page 5, City Council Regular Meeting, February 18, 2003
#2003-46 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant with
Dominion Construction Company and Jerry Harders.
#2003-48 - Approving Certificate of Final Completion for Installation of Greenhouse with
StupPy Greenhouse of North Kansas City, Missouri.
#2003-50 - Approving Acquisition of Public Utility Easement in Lot 1, Pedcor Subdivision
Located at 3330 Husker Highway.
#2003-51 - Approving Authorization of RJ. Thomazin, dba Thomazin Company for U.S.
Department of Agriculture Power of Attorney for the City of Grand Island.
#2003-52 - Approving Memorandum of Understanding Between Omaha Public Power District
and Grand Island Utilities Department.
#2003-53 - Approving Agreement with Jacobson Helgoth Consultants, Inc. of Omaha, Nebraska
for Value Engineering Consulting Services at the Wastewater Treatment Plant in an Amount of
$39,100.00.
#2003-54 - Approving Agreement with Midwest Laboratories, Inc. of Omaha, Nebraska for
Environmental Monitoring Services at the Grand Island Regional Landfill.
#2003-55 - Approving Amendment to Agreement for Engineering Services with Olsson
Associates of Grand Island, Nebraska to Perform Right of Way Appraisals on South Locust
Street from Stolley Park Road to Fonner Park Road.
#2003-56 - Approving Contracts with General Collection, Inc. and Credit Management of Grand
Island, Nebraska for the Collection of Delinquent Ambulance Billings.
#2003-58 - Approving Bid Award for Sucks Lake Improvement Proiect with General
Excavating of Lincoln, Nebraska in an Amount of$414,080.87.
#2003-49 - Approving Acquisition of Public Utility Easement in Lots 1 and 2, Lassonde
Subdivision Located at 1027 Capital Avenue. Motion by Pielstick, second by Walker to table
Resolution #2003-49 to give staff time to review this issue with Mr. Lassonde. Upon roll call
vote, motion was approved unanimously.
#2003-57 - Approving Bid Award for Exercise Equipment for the Fire Department with the
following Companies: Wayne's Cyc1ery of Grand Island, Nebraska for 4 Treadmills in an
Amount of $4,820 per unit and 8 Elliptical Trainers in an Amount of $3,250 per unit; Nova
Health Equipment of Omaha, Nebraska for 8 Power Block Pro Stands in an Amount of $59.50
per unit; and Push-Pedal-Pull of Omaha, Nebraska for 8 Power Block Pro sets in an Amount of
$625.00 per unit and 4 Weight Benches in an Amount of $5,900. Discussion was held
concerning the amount for treadmills. Motion was made by Whitesides, second by Seifert to
table Resolution #2003-57 for further review. Upon roll call vote, Councilmembers Meyer,
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Page 6, City Council Regular Meeting, February 18, 2003
Whitesides, Pie1stick, Larson, Seifert, Pauly, Homady, Walker and Haase voted yes.
Councilmember Nickerson voted no. Motion adopted.
Approving Request of Hooker Brother Sand & Gravel for Conditional Use Permit Located at
1023 East Airport Road. Motion was made by Larson, second by Seifert to approve the request
of Hooker Brother Sand & Gravel for a Conditional Use Permit. A lengthy discussion was held
concerning the time limit and NDEQ regulations. Councilmember Whitesides offered an
amendment to limit the conditional use permit to 6 months and that NDEQ regulations would
have to be followed. Second by Councilmember Pielstick. Upon roll call vote, all voted yes.
Amendment adopted.
Upon roll call vote of the original motion including the amendment, Councilmembers Meyer,
Whitesides, Pielstick, Larson, Seifert, Pauly, Hornady, Walker and Haase voted yes.
Councilmember Nickerson voted no. Motion adopted.
Approving Request of Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street,
for Class "C" Liquor License. Motion by Whitesides, second by Walker to approve the request
of Manuel Garcia for a Class "C" Liquor License for Garcia's Mexican Restaurant. Upon roll
call vote, Councilmembers Meyer, Whitesides, Larson, Nickerson, Seifert, Pauly, Hornady,
Walker and Haase voted yes. Councilmember Pielstick voted no. Motion adopted.
#2003-47 - Approving Bid Award for 25 Police Mobile Data Radio Units with Platte Valley
Communications of Grand Island, Nebraska in an Amount of $1,104.00 per unit. Discussion was
held concerning the progress of the communications equipment at the Police Department.
Motion was made by Whitesides, second by Larson to approve Resolution #2003-47.
Unanimously approved.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Pauly, carried unanimously to approve the Claims for the
period of February 5,2003 through February 18, 2003, for a total amount of$I,960,340.06.
ADJOURNMENT: The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
R(Xn~ U2~
RaN ae Edwards
City Clerk