03/18/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 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 March 18,2003. Notice of the meeting was given in the Grand Island Independent on
March 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 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 John
Hayes, Grace Baptist Church, 1115 South Vine Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak
on agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Ron Underwood. Public Works Department for 35 Years of Service. Steve
Riehle, Public Works Director introduced Ron Underwood and made a few comments. Mayor
Vavricek presented Ron Underwood, Senior Civil Engineer with a certificate for 35 years of
dedicated service with the Grand Island Public Works Department.
Recognition of Fire Chief Jim Rowell for 30 Years of Service. Mayor Vavricek presented Fire
Chief Jim Rowell with a certificate for 30 years of dedicated service with the Grand Island Fire
Department.
Proclamation "Child Abuse Prevention Month" March. 2003. Mayor Vavricek proclaimed the
month of March 2003 as "Child Abuse Prevention Month". Members of the Girl Scout Junior
Troop from Wasmer Elementary School were present and handed out blue ribbons in
conjunction with the Blue Ribbon Campaign.
Proclamation "Abbott Sisters Day" March 20. 2003. Mayor Vavricek proclaimed March 20,
2003 as "Abbott Sisters Day". Library Director Steve Fosselman and Duane Bums, Board
Member were present to receive the proclamation.
PUBLIC HEARINGS:
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Page 2, City Council Regular Meeting, March 18,2003
Public Hearing on Annexation of Property Being Platted as Neumann Subdivision. Located
South of 13th Street and West of North Road. Chad Nabity, Regional Planning Director reported
that annexation of property being platted as Neumann Subdivision, an addition to the City of
Grand Island, was located South of 13th Street, and West of North Road, in the Nl/2NEl/4
Section 14, Township 11, Range 10. Louise Miller, 1104 West Charles Street spoke in
opposition. Duane Bums, 3140 Briarwood Blvd. spoke in support. No further public testimony
was heard.
Public Hearing on Annexation of Property Being Platted as Timberline Subdivision Located
North of Highway 2 and West of Webb Road. Chad Nabity, Regional Planning Director reported
that annexation of property being platted as Timberline Subdivision, an addition to the City of
Grand Island, was located North of Highway 11 and West of Webb Road, in the SEl/4NEl/4
Section 1, Township 11, Range 10. Bruce Schreiner, 3535 Grassridge Drive, spoke in support.
No further public testimony was heard.
Public Hearing on Changes to the Grand Island Zoning Map for Property Located West of Diers
Avenue and North of Faidley Avenue from B2 General Business to RD Residential
Development. Chad Nabity, Regional Planning Director reported that Concord Development
L.L.c., owner was requesting a change of zoning for property located North of Faidley Avenue,
and West of Diers Avenue (Lot 3 Crane Valley 6th Subdivision). This application proposed to
change the zoning from B2 General Business to RD Residential Development, and create the
Final Plat of Crane Valley 7th Subdivision. This change was in conformance with the Grand
Island Comprehensive Plan. Matt Rief, representing Olsson Associates spoke in support. No
further public testimony was heard.
Public Hearing of Byco, Inc. dba Byco. 1309 Diers Avnue, for Class "D" Liquor License. City
Clerk RaNae Edwards reported that Byco, Inc. dba Byco, 1309 Diers Avenue had submitted an
application with the City Clerk's Office for a Class "D" Liquor License which allows for the sale
of alcoholic beverages Off Sale only 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 February 28, 2003; notice to the applicant of
date, time and place of hearing mailed on February 28,2003; notice to the general public of date,
time and place of hearing published on March 8, 2003; along with Chapter 4 of the City Code.
Byron Wheeler, 2606 Apache Road spoke in support. Louise Miller, 1104 West Charles Street
spoke in opposition. No further public testimony was heard.
Public Hearing of By co, Inc. dba Byco, 1222 South Locust Street. for Class "D" Liquor License.
City Clerk RaNae Edwards reported that Byco, Inc. dba Byco, 1222 South Locust Street had
submitted an application with the City Clerk's Office for a Class "D" Liquor License which
allows for the sale of alcoholic beverages Off Sale only 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 February 28,2003; notice to the
applicant of date, time and place of hearing mailed on February 28, 2003; notice to the general
public of date, time and place of hearing published on March 8, 2003; along with Chapter 4 of
the City Code. Byron Wheeler, 2606 Apache Road spoke in support. Louise Miller, 1104 West
Charles Street spoke in opposition. No further public testimony was heard.
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Page 3, City Council Regular Meeting, March 18, 2003
Public Hearing on Request of Thomas Graves for a Conditional Use Permit for an Automotive
Salvage Yard Located at 403 East 4th Street. Craig Lewis, Building Department Director
reported that Thomas Graves, President of Owl Auto Parts, 403 East 4th Street, has submitted a
request with the City Clerk's Office for a Conditional Use Permit to allow for the operation of
automotive salvage yards at six locations along and adjacent to East Fourth Street. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at the East Frontage of Gold Core
Drive (Grand Island Area Economic Development) Gary Mader, Utilities Director reported that
acquisition of a utility easement located at the east frontage of Gold Core Drive, was required in
order to have access to install, upgrade, maintain, and repair power appurtenances. This
easement would be used to eliminate the possibility of electric lines in a drainage area. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at the Frontage of 4079 Gold Core
Drive (Robert and Judith Poland) Gary Mader, Utilities Director reported that acquisition of
utility easement located at the frontage of 4079 Gold Core Drive, was required in order to have
access to install, upgrade, maintain, and repair power appurtenances. This easement would be
used to keep electric lines out of a drainage area. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at Highway 281 and Wildwood
Drive (Dwaine and Evelyn Lewis) Gary Mader, Utilities Director reported that acquisition of
utility easement located at Highway 281 and Wildwood Drive, was required in order to have
access to install, upgrade, and maintain water lines. This easement would be used to locate a new
water main and give the contractor an area to place equipment to bore underground across
Highway 281. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 1810 South Locust Street
(Goodwill Industries of Greater Nebraska) Steve Riehle, Public Works Director reported that
Council action was required for acquisition of Public Utility Easements. The current Public
Utility Easement would be vacated at this meeting. The new easement would be used for sanitary
sewer main to serve the property and costs for the easement would be minimal. No public
testimony was heard.
Public Hearing on Grant Application to Nebraska Department of Economic Development for
Owner Occupied Rehabilitation Funds. Cindy Johnson, Community Projects Director reported
that the Community Projects Department had prepared an application for submittal to the
Nebraska Department of Economic Development, seeking $270,600 in grant funding to assist
. with the renovation of 10-12 homes. The community match would be met by interest buy down
and owner equity. Dave Soto and Beverly Biggs, Community Development Advisory Board
members spoke in support. No further public testimony was heard.
RESOLUTION:
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Page 4, City Council Regular Meeting, March 18, 2003
#2003-69 - Approving Acquisition of Utility Easement Located at 1810 South Locust Street
(Goodwill Industries of Greater Nebraska) Steve Riehle, Public Works Director, reported that a
Public Utility Easement along the southwest side of Lot 2 was required in order to allow sanitary
sewer service to the property. Motion was made by Councilmember Homady, second by Walker.
Unanimously approved Resolution #2003-69. Motion adopted.
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
#8796 - Consideration of Conveyance of Easement to the Hall County Airport Authority
#8797 - Consideration of Vacation of Easement at 1810 South Locust Street (Goodwill
Industries of Greater Nebraska
#8800 - Consideration of Change of Land Use Designation from Property Located West
of Diers Avenue and North of Faidley Avenue from B2 General Business to Residential
Development
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
Whitesides seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these ordinances? No public testimony was
heard.
City Clerk: Ordinances #8796, #8797, and #8800 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
any. Motion adopted.
City Clerk: Ordinances #8796, #8797, and #8800 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 cal votes on first reading and then upon final passage, Ordinances
#8796, #8797, and #8800 are declared to be lawfully passed and adopted upon publication as
required by law.
#8798 -' Consideration of Annexation of Property Being Platted at Nuemann Subdivision,
Located South of 13th Street and West of North Road. 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. The Regional Planning Commission at
their meeting of March 5, 2003, voted to approve and recommend the city council approve this
annexation.
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Page 5, City Council Regular Meeting, March 18,.2003
Steve Joel, Grand Island Public Schools Superintendent discussed funding and state aid. Also
discussed was the use of the land, the Northwest School District and bonds.
Motion was made by Whitesides, second by Larson to approve Ordinance #8798 on first reading
only. 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. 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 SE1I4NE1/4 Section 1, Township 11, Range 10. The Regional Planning Commission at
their meeting of March 5, 2003, unanimously voted to approve and recommend the city council
approve this annexation.
Motion was made by Pielstick, second by Larson to approve Ordinance #8799 on first reading
only. Discussion was had by council concerning city sewer and septic tank systems.
Motion was made by Hornady to table this issue to a Study Session, second by Meyer. Upon roll
call vote, Councilmembers Meyer, Whitesides, Pielstick, Seifert, Pauly, Hornady, Walker, and
Haase voted yes. Councilmembers Larson and Nickerson voted no. Motion adopted.
CONSENT AGENDA: Items G-6, G-10, G-13, G-16, and G-21 were pulled from the Consent
Agenda. Motion by Pielstick, second by Meyer, carried unanimously to approve the Consent
Agenda excluding items G-6, G-10, G-13, G-16, and G-21.
Receipt of Official Document - Civil Service Minutes of February 21,2003.
Approving Minutes of March 4,2003 City Council Regular Meeting.
Approving Request of By co, Inc. dba Byco, 1309 Diers Avenue, for Class "D" Liquor License.
Approving Request of Byco, Inc. dba Byco, 1222 South Locust Street, for Class "D" Liquor
License.
Approving Request of Byron Wheeler, 2606 Apache, for Liquor Manager Designation for Byco,
1309 Diers Avenue and 1222 South Locust Street.
#2003-66 - Approving Acquisition of Utility Easement Located on the East Frontage Property of
Gold Core Drive (Grand Island Area Economic Development Corporation)
#2003-67 - Approving Acquisition of Utility Easement Located on Frontage Property at 4079
Gold Core Drive (Robert and Judith Poland)
#2003-68 - Approving Acquisition of Utility Easement Located East of Highway 281 and South
of Wildwood Drive (Dwaine and Evelyn Lewis)
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Page 6, City Council Regular Meeting, March 18, 2003
#2003-70 - Approving Final Plat and Subdivision Agreement for Neumann Subdivision. It was
noted that Jacqueline Hanover, and Imogene Lechner, owners, had submitted the final plat for
Neumann Subdivision, located South of 13th Street, and West of North Road for the proposes to
develop 1 lot on a currently unplatted parcel ofland in the N 1/2 NE 1/4 of Section 14, Township
11, Range 10.
#2003- 71 - Approving Final Plat and Subdivision Agreement for Miki Subdivision. It was noted
that Timothy O'Neill, owner, had submitted the final plat for Miki Subdivision, located East of
Hope Street, and North of Hedde Street for the propose to resubdivide part of Block 12 Pleasant
Home Subdivision, and part of vacated Windolph Avenue into 2 lots.
#2003-73 - Approving Final Plat and Subdivision Agreement for Crane Valley 6th Subdivision.
It was noted that Concord Development, L.L.c., owners, had submitted the final plat for Crane
Valley 6th Subdivision, located north of Diers Avenue and east of Concord Avenue for the
propose to resubdivide part of Block A Crane Valley 3rd Subdivision into 3 lots.
#2003- 74 - Approving Final Plat and Subdivision Agreement for Crane Valley ih Subdivision.
It was noted that Concord Development, L.L.c., owners, had submitted the final plat for Crane
Valley 7th Subdivision, located north of Diers Avenue and east of Concord Avenue for the
propose to create a final plat of lot 3 Crane Valley 6th Subdivision as part of the Residential
Development.
#2003-76 - Approving Grant Application to Nebraska Department of Economic Development
for Owner Occupied Rehabilitation Funds.
#2003-77 - Avproving Guidelines Relative to Owner Occupied Rehabilitation Program.
#2003-78 - Approving Contract for Electric Safety Program with Culver Company for a Two-
Year Lease in an Amount of$5,500.
#2003-79 - Approving Bid Award for Radios for the Fire Department with D & D
Communications of Omaha, Nebraska in an Amount of$37,990.
#2003-81 - Approving Bid Award for Street Improvement District #1239 with Gehring
Construction and Ready-Mix Company, Inc. of Columbus, Nebraska in an Amount of
$627,741.88. It was noted that funds from a $400,000 Economic Development Administration
grant would reduce the cost for paving, sanitary sewer and water mains in the Platte Valley
Industrial Park.
#2003-82 - Approving Agreement for Design Services on South locust Street Bridges with the
TranSystems Corporation of Omaha, Nebraska in an Amount of$156,888.44.
#2003-83 - Approving Agreement with Nebraska Department of Roads for Utility Rehabilitation
on Highway 30 East (Merrick County West).
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Page 7, City Council Regular Meeting, March 18, 2003
#2003-84 - Approving Certificate of Final Completion for Sanitary Sewer District #506 with
The Diamond Engineering Company of Grand Island, Nebraska.
#2003-85 - Approving Community Development Guidelines Relative to Lead Based paint
Remediation and Reduction.
Approving Request of Thomas Graves for a Conditional Use Permit for Automotive Salvage
Yard Located at 403 East 4th Street. Motion by Pielstick, second by Whitesides to approve the
request of Thomas Graves for a Conditional Use Permit. Councilmembers Pielstick and
Nickerson complemented Mr. Graves on how good the salvage yard looked. Upon roll call vote,
all voted yes. Motion adopted.
#2003-72 - Approving Final Plat and Subdivision Agreement for Timberline Subdivision. It was
noted that Rick Johnson and K.C. Hehnke, owners, had submitted the final plat for Timberline
Subdivision, located North of Highway 11 and West of Webb Road for the propose to develop
11 lots on a currently unplatted parcel ofland in the SE 1/4 NE 1/4 of Section 1, Township 11,
Range 10.
Motion made by Pielstick, second by Whitesides to table Resolution #2003-72. Upon roll call
voted, Councilmembers Meyer, Pielstick, Whitesides, Nickerson, Seifert, Pauly, Hornady,
Walker, and Haase voted yes. Councilmember Larson voted no. Motion adopted.
#2003-75 - Approving Agreement with Cottonwood Lake Association for Matching Grant
Funds Under CYC Program. Cindy Johnson, Community Projects Director, reported that funding
for the Community Connections Neighborhood Association Program was included in the Family
Preservation and Support Grant budget, which funding provides matching grants to support
neighborhood programs. In January, the Community Youth Council received, and approved, an
application from the Cottonwood Lake Association for matching grant monies. This association
was requesting $1,000 to assist with the dredging of the lake in order to improve the quality of
the water that drains into Suck's Lake, improve the drainage of storm sewers into Cottonwood
Lake and contribute to the Chevron Park development.
Councilmember Pielstick wanted to make sure that if the money was granted to the Cottonwood
Lake Association, that this lake would be open to the public. Ms. Johnson stated the application
met the guidelines for matching grant funds under the CYC Program. It was stipulated that the
funds would be used for the general public.
Motion was made by Pielstick, second by Nickerson to approve Resolution #2003-75. Upon roll
call vote, Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly,
Walker, and Haase voted yes. Councilmember Hornady abstained. Motion adopted.
#2003-80 - Approving Bid Award for Storm Drainage Proiect No. 2002-D-2 with Platte Valley
Construction Company of Grand Island, Nebraska in an Amount of $69,580.80. Steve Riehle,
Public Works Director, reported that the Engineering Division of the Public Works Department
advertised for bids for Storm Drainage Project 2002-D-2, along North Road between Old Potash
Highway and Faidley Avenue on February 20,2003. The Public Works Department, Engineering
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Page 8, City Council Regular Meeting, March 18,2003
Division and the Purchasing Division of the City Attorney's Office reviewed all bids received on
March 10, 2003. All bids received met specifications. Four bids were received and all were less
than the engineer's estimate of $138,891.00.1t was recommended that Council award the bid to
Platte Valley Construction Company of Grand Island, Nebraska in the amount of$69,580.80.
Discussion was had concerning the engineer's estimate and the amount of business the City had
done with Platte Valley Construction Company. Greg Baxter, 1723 Bridle Lane spoke in
opposition. Mr. Baxter stated the sales agreement and the bid specs did not meet the
ingress/egress relative to a bridge.
Motion was made by Pielstick to table Resolution #2003-80, second by Pauly. Upon roll call
vote, Councimembers Meyer, Pielstick, Larson, Seifert, Pauly, Homady, Walker, and Haase
voted yes. Councilmembers Whitesides and Nickerson voted no. Motion adopted.
RESOLUTIONS:
#2003-86 - Approving Bid Award for Liquid Ortho-Polyphosphate for Corrosion Control. Gary
Mader, Utilities Director reported that the City was issued an Administrative Order by Nebraska
Health and Human Services (NHHS) on March 24, 1998, requiring compliance with the Lead
and Copper Rule (LCR), including the preparation of an Optimum Corrosion Control Study
(OCCT). The recommended OCCT was to inject a liquid ortho-polyphosphate solution into the
water distribution system. This solution was designed to sequester manganese and to minimize
pipeline corrosion, thereby reducing concentrations of lead and copper in the drinking water.
One bid was received from Aqua Smart, Inc. of Atlanta, Georgia in an amount of$139,950.
Motion by Seifert, second by Pauly, to approve Resolution #2003-86. Upon roll call vote, all
voted yes. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Seifert, second by Pauly, carried unanimously to approve the Claims for the period of
March 5, 2003 through March 18, 2003, for a total amount of $2,894,296.88. Councilmember
Pauly abstained from Claim's #85325, #10710, #85615, and #85447.
ADJOURNMENT: The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Q~ ffilA?~
RaNae Edwards
City Clerk