10/28/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 28, 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 October 28,2003. Notice of the meeting was given in the Grand Island Independent on
October 22, 2003.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker and Haase. 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 David
Vaughn, Victory Bible Fellowship, 2416 North Hancock.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on continued discussions with the
State Fair Board regarding Grand Island's interest in holding the State Fair here in Grand Island.
Mentioned was a State Fair Board meeting to be held November 14, 2003. Mayor Vavricek
stated this would not compete or compromise Husker Harvest Days. Mayor Vavricek informed
Councilmembers of recent and upcoming appointments with regards to residency requirements.
Also mentioned were utility stuffer survey's for comments and ideas concerning the Yi cent sales
tax.
BOARD OF EQUALIZATION: Motion by Whitesides, second by Hornady, carried
unanimously to adjourn to the Board of Equalization.
#2003-BE-18 - Determining Benefits for Sanitary Sewer District No. 500 - South of Seedling
Mile Road and West of Shady Bend Road. Steve Riehle, Public Works Director reported that a
contract for Sanitary Sewer District 500 was awarded to The Starostka Group Company of Grand
Island, Nebraska on June 11, 2003 and was completed on schedule and at a construction price of
$195,379.27. It was now time to determine the benefits of the district. Lloyd Gloyne, 3318
Gregory questioned the amount they owed compared to other properties.
Motion by Pielstick, second by Hornady, carried unanimously to approve. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Pielstick, second by Cornelius, carried
unanimously to return to Regular Session.
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Page 2, City Council Regular Meeting, October 28, 2003
PUBLIC HEARINGS:
Public Hearing on Changes to the Grand Island Zoning Map for Property Proposed for Platting
as Grand Island Mall 14th Subdivision. Chad Nabity, Regional Planning Director reported that
Gerald Jacobsen, owner was requesting a change of zoning for property located south of Capital
Avenue and west of Webb Road. This application proposed to change the zoning from CD
Commercial Development to an amended CD Commercial Development. This change was in
conformance with the Grand Island Comprehensive Plan. No public testimony was heard.
Public Hearing on Annexation of Property Proposed for Platting as Smith Acres Subdivision,
Located North of Capital Avenue and West of Saint Paul Road. Chad Nabity, Regional Planning
Department Director reported that a Public Hearing needed to be held concerning annexation of
property being platted as Smith Acres Subdivision an addition to the City of Grand Island. The
property was located in the E 1/2 W 1/4 SE 1/4 Section 4, Township 11, Range 9. The Regional
Planning Commission at their meeting of October 1, 2003, unanimously voted to approve and
recommend the city council approve this annexation. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 5018 Antelope Drive in
Wildwood Subdivision. (ROBCO, LLC). Steve Riehle, Public Works Director reported that the
owner had requested that the city vacate a public utility easement to allow for their use of the
area. In turn they would grant a public utility easement in another area of their property. Council
action was necessary for the City of Grand Island to vacate and acquire public easements. The
owner wished to construct an addition to an existing building and needed to have the public
easement vacated to facilitate their construction plans. 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:
#8853 - Consideration of Assessments for Sanitary Sewer District No,. 500, South of
Seedling Mile Road and West of Shady Bend Road
#8858 - Consideration of Creation of Water Extension District No. 445 - Kentish Hills
Subdivision
#8859 - Consideration of Vacation of Easement Located at 5018 Antelope Drive
(Wildwood Subdivision)
#8860 - Consideration of Creation of Street Improvement District No. 1250 - Edna Drive
from North Road to Mable Drive
#8861 - Consideration of Creation of Street Improvement District No. 1251 - Grand
West Fourth Subdivision (Craig Drive, Morrison Drive, & Carol Street)
#8862 - Consideration of Creation of Sanitary Sewer District No. 512 - Maryland,
Kentish Hills, and Bradley Subdivisions
#8864 - Consideration of Chan~e of Land Use Designation for Property Proposed for
Platting as Grand Island Mall14t Subdivision
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Page 3, City Council Regular Meeting, October 28, 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 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? Discussion was held
concerning Ordinance #8858 with regards to CNH requirement of capped wells. No public
comment was heard.
City Clerk: Ordinances #8853, #8858, #8859, #8860, #8861, #8862, and #8864 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 #8853, #8858, #8859, #8860, #8861, #8862, and #8864 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
#8853, #8858, #8859, #8860, #8861, #8862, and #8864 are declared to be lawfully passed and
adopted upon publication as required by law. .
Motion was made by Pielstick, second by Cornelius, to approve Ordinance #8863 on First
Reading only.
#8863 - Consideration of Annexation of Property Being Platted as Smith Acres
Subdivision, Located North of Capital Avenue and West of Saint Paul Road
Upon roll call vote, all voted aye. Motion adopted.
CONSENT AGENDA: Motion by Hornady, second by Walker, carried unanimously to approve
the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted.
Receipt of Official Document - Civil Service Minutes of September 24, 2003.
Approving Minutes of October 14,2003 City Council Regular Meeting,
Approving Minutes of October 21, 2003 City Council Special Meeting. Councilmember
Whitesides abstained.
Approving Minutes of October 21, 2003 City Council Study Session. Councilmember
Whitesides abstained.
Approving Appointments of Tom Brown and Robert Niemann to the Regional Planning
Commission.
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Page 4, City Council Regular Meeting, October 28, 2003
Approving Appointments of Irene Abernethy, Reverend Tim Anderson, Mercedes Ayala, Kris
Nolan Brown, Jacinto Corona, Dr. Jim Keyser, Anita Lewandowski, Karina Morales, and Joses
Zapata to the Human Rights Commission.
Approving Appointment of Glen Murray to the Zoning Board of Adiustment Board.
Approving Request of Laurie Beason, 2014 North Custer Street, for a Liquor Manager
Designation for Pump & Pantry #3,2511 Diers Avenue.
#2003-307 - Approving Final Plat and Subdivision Agreement for Grand Island Mall 14th
Subdivision. It was noted that Gerald Jacobsen, owner, had submitted the final plat for Grand
Island Mall 14th Subdivision, located south of Capital Avenue and west of Webb Road for the
purpose of developing 1 lot.
#2003-308 - Approving Acquisition of Public Utility Easement Located at 5018 Antelope Drive
in Wildwood Subdivision. (ROBCO, L.L.c.)
#2003-309 - Approving Certificate of Final Completion for Street Improvement District No.
1239 - Gold Core Drive with Gehring Construction and Ready Mix Co., Inc. of Columbus,
Nebraska.
#2003-310 - Approving Certificate of Final Completion for Sanitary Sewer District No. 505 -
Livengood Subdivision with Diamond Engineering Company of Grand Island, Nebraska.
#2003-311 - Approving Certificate of Final Completion for Sanitary Sewer District No. 508 -
Desch 15t & 2nd Subdivisions with Diamond Engineering Company of Grand Island, Nebraska.
#2003-312 - Approving Bid Award for a Truck Tractor for Solid Waste Division for the Public
Works Department with Nebraska Truck Center of Grand Island, Nebraska in an Amount of
$77,327.00.
#2003-313 - Approving Bid Award for Sidewalk District No.1, 2003 with Galvan Construction
Company of Grand Island, Nebraska in an Amount of$22,615.40.
#2003-314 - Approving Bid Awards for Tree Trimming Proiect 2004- TT -1 with Sheffield Tree
Service of Grand Island, Nebraska for Sections 3, 4, 5, 7, 8, 14, 15, and 16 in an Amount of
$44,900.00 and Wright Tree Service, Inc. of West Des Moines, Iowa for Sections 1, 2, and 17 in
an Amount of$56,825.00.
#2003-315 - Approving Amendment to Interlocal Agreement with the Central District Health
Department.
RESOLUTION:
#2003-316 - Approving Bid Award for a Front End Loader for the Solid Waste Division of the
Public Works Department. Steve Riehle, Public Works Director reported that the Solid Waste
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Page 5, City Council Regular Meeting, October 28, 2003
Division of the Public Works Department Advertised for bids for a 2004 Model 29,250-pound
Four- Wheel Drive Loader. There was a need for a loader of a high lift design to replace the Solid
Waste Divisions five-year-old loader.
Bids were opened on October 9, 2003. Three local venders provided bids for the replacement
loader. Two of the venders bid HIGH LIFT design loaders that had a lift arm clearance at
maximum lift of at least 12'6" and were able to provide the complete warranty package.
Nebraska Machinery was the only vendor that matched all of the required bid specifications. It
was recommended that Nebraska Machinery Co. of Doniphan, Nebraska be awarded the bid in
the amount of$117,891.00.
Motion was made by Hornady, second by Gilbert to approve Resolution #2003-316. Upon roll
call vote, all voted aye. Motion adopted.
#2003-317 - Approving Discontinuation of Sanitary Sewer District No. 511 - Dale Roush 1st &
2nd Subdivisions. Steve Riehle, Public Works Director reported that Sanitary Sewer District 511
was created by the City Council on September 9, 2003. Legal Notice of the creation of the
District was published in the Grand Island Independent on September 16, 2003. A letter with a
copy of the Ordinance and Notice was also mailed to all property owners on September 16,2003.
Sanitary Sewer District 511 completed the 30-day protest period at 5 :00 p.m. Thursday, October
16, 2003. There were protests filed against this District by sixty-four abutting property owners.
Those owners represented 7,224.55 front feet, or 54.3% of the total District frontage of 13,307.5
feet. According to Nebraska Statute 16-667.01 Council must discontinue the District.
If Council would like to create a Sanitary Sewer District for the Subdivision and force the
improvements because of public health concerns, another district would have to be created.
Motion was made by Hornady, second by Walker to approve Resolution #2003-317. Upon roll
call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase, carried unanimously to approve the Claims for the period
of October 15, 2003 through October 28, 2003, for a total amount of $2,327,113.82. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 8:50 p.m.
Respectfully submitted,
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RaN ae Edwards
City Clerk