11/04/2003 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 4,2003
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 November 4, 2003. Notice of the meeting was given in the Grand Island Independent
on October 29,2003.
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 Todd
Bowen, Covenant Presbyterian Church, 418 West 1ih Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek recognized Councilmember Nickerson's
birthday on November ih. Mentioned was no council meeting on November 11th due to
Veteran's Day holiday. Also mentioned was the Humane Society Festival of Lights at Stolley
Park starting in November.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Hunger and Homeless Week" November 9-15,2003. Mayor Vavricek proclaimed
the week of November 9-15, 2003 as "Hunger and Homeless Week". Cindi Preisendorf
representing the Community Humanitarian Resource Center was present to receive the
proclamation.
BOARD OF EQUALIZATION: Motion by Pielstick, second by Hornady, carried unanimously
to adjourn to the Board of Equalization.
#2003-BE-20 - Determining Assessments for Water Main District No. 440 - Kay-Dee
Subdivision. Gary Mader, Utilities Director reported that Water Main District 440 was created
by the Council upon receipt of a petition from property owners within the district. The water
main was located in: Roberta Avenue between Barbara Avenue and Stolley Park Road; Gretchen
Avenue between Barbara Avenue and Del Mar A venue; and Del Mar Avenue, between Arthur
Avenue and Harrison Street; within the Kay-Dee Subdivision.
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Page 2, City Council Regular Meeting, November 4, 2003
All construction was installed as per City Standards, placed in service, and incorporated into the
City system. The district was an "assessment district" used by the City to recoup construction
costs when mains are installed at the request of the property owners. Computations for fees
within the District were based on the actual cost of construction, divided by the number of lots
which received service within the subdivision. This method provided an equal and same
assessment to each property in the amount of $2,808.10. The total project cost was $115,790.17.
The City's share in the construction was $42,779.57 due to the lay-out of the area previously
served by other districts.
Motion by Hornady, second by Pielstick, carried unanimously to approve Resolution #2003-BE-
20. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Cornelius, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 1833 East Seedling Mile Road.
(Livengood Properties LLC) Gary Mader, Utilities Department Director reported that acquisition
of a utility easement located at 1833 East Seedling Mile Road, was required in order to have
access to install, upgrade, maintain, and repair power appurtenances. This easement would be
used to locate a new pad-mounded transformer to feed the existing UPS/ ARA Mark building. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3225 West Wildwood Road.
(Lewis Greenscape, Inc.) Gary Mader, Utilities Department Director reported that acquisition of
a utility easement located at 3225 West Wildwood Road, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
place a pad-mounted transformer to serve the business, including a new addition. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3516 Richmond Circle.
(Richmond Building, LLC) Gary Mader, Utilities Department Director reported that acquisition
of a utility easement located at 3516 Richmond Circle, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate a pad-mounted transformer to serve electricity to the new building. No public testimony
was heard.
Public Hearing on Acquisition of Utility Easement Located at 2009 West Faidley Avenue.
(Kraft-Janda, Inc.) Gary Mader, Utilities Department Director reported that acquisition of a
utility easement located at 2009 West Faidley Avenue, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate a pad-mounted transformer to serve a new Dental Clinic. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2810 East Highway 30. (Eugene
and Janet Penrose). Gary Mader, Utilities Department reported that acquisition of a utility
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Page 3, City Council Regular Meeting, November 4, 2003
easement located at 2810 East Highway 30 was required in order to have access to install,
upgrade, maintain, and repair power appurtenances. This easement would be used for an anchor
and down guy to back-up a line to the south of the highway. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2809 East Highway 30. (Virgil R.
Eihusen) Gary Mader, Utilities Department Director reported that acquisition of a utility
easement located at 2809 East Highway 30, was required in order to have access to install,
upgrade, maintain, and repair power appurtenances. This easement would be used to relocate
both overhead and underground facilities to continue service to the business at 2809 East
Highway 30. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 3732 West Husker
Highway. (Gladys V. Schoen Steve Riehle, Public Works Director reported that in conjunction
with the installation of Water Main District No. 444, Marylane and Sanitary Sewer District 512,
Kentish Hills, it was necessary to acquire an easement for the installation, upgrade, maintenance
and repair of the water and sewer mains to be installed under these Districts. No public testimony
was heard.
Public Hearing on Acquisition fo Public Utility Easement Located at 3803 Marylane. (Matthew
J. and Lori A. Beiber) 2 Steve Riehle, Public Works Director reported that in conjunction with
the installation of Water Main District No. 444, Marylane and Sanitary Sewer District 512,
Kentish Hills, it was necessary to acquire an easement for the installation, upgrade, maintenance
and repair of the water and sewer mains to be installed under these Districts. No public testimony
was heard.
ORDINANCES:
Motion was made by Pielstick, second by Walker, to approve Ordinance #8863 on Second
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.
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:
#8865 - Consideration of Assessments for Water Main District 440 - Kay-Dee
Subdivision
#8866 - Consideration of Amendment to Chapter 31 of the Grand Island City Code
Relative to Billboards
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
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Page 4, City Council Regular Meeting, November 4, 2003
passage and call for a roll call vote on each reading and then upon final passage. Counci1member
Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these Ordinances? June O'Neill, 1002
South Shady Bend Road commented on Ordinance #8866 with regards to the size of signs and
recommended that the square footage be increased from 300 to 378. Craig Lewis, Building
Department Director had no objections to increasing the size of signs. Ron Deitemeyer, 10750
South Buffalo Road, Doniphan spoke in support of Ordinance #8866. No further public comment
was heard.
Motion was made by Pie1stick, second by Haase to amend Ordinance #8866 to reflect the 378
square foot size of signs instead of 300 square foot. Upon roll call vote, Counci1members Meyer,
Pie1stick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye.
Counci1member Whitesides vote nay. Motion adopted.
City Clerk: Ordinances #8865 and #8866 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 #8865 and #8866 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
#8865 and #8866 are declared to be lawfully passed and adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-2, G-9, G-I0, and G-16 were removed. Motion
by Whitesides, second by Haase, carried unanimously to approve the Consent Agenda. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of October 28, 2003 City Council Regular Meeting.
#2003-319 - Approving Acquisition of Utility Easement Located at 1833 East Seedling Mile
Road. (Livengood Properties, LLC)
#2003-320 - Approving Acquisition of Utility Easement Located at 3225 West Wildwood Road.
(Lewis Greenscape, Inc.)
#2003-321 - Approving; Acquisition of Utility Easement Loolcated at 3516 Richmond Circle.
(Richmond Building, LLC)
#2003-322 - Approving Acquisition of Utility Easement Located at 2009 West Faidley Avenue.
(Kraft-Janda, Inc.)
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Page 5, City Council Regular Meeting, November 4, 2003
#2003-323 - Approving Acquisition of Utility Easement Located at 2810 East Highway 30.
(Eugene and Janet Penrose)
#2003-324 - Approving Acquisition of Utility Easement Located at 2809 East Highway 30.
(Virgil R. Eihusen)
#2003-327 - Approving Purchase of One Clay Based Alternative Daily Cover Sprayer and One
Semi-Load of Clay Product for Solid Waste Division of the Public Works Department with
Enviro Group, Inc. of Greenwood, Indiana in an Amount of$37,970.00.
#2003-328 - Approving Amendment #4 to Design Agreement with Olsson Associates of Grand
Island, Nebraska for South Locust Street; Stolley Park Road to Fonner Park Road in an Amount
of$23,258.27.
#2003-329 - Approving Purchase of One 2 x 4 Half Ton Pickup Truck for the Solid Waste
Division of the Public Works Department with Husker Auto Group of Lincoln, Nebraska in an
Amount of$17320.00.
#2003-330 - Approving Removal ofa 20 Minute Express Parking Zone Located at 414 West 3rd
Street.
#2003-331 - Approving Procurement Procedures and Code of Conduct for Use of Community
Development Block Grant (CDBG) Funds.
#2003-333 - Approving Continuation of Water Main District No. 443 - American Independence
Subdivision.
#2003-334 - Approving Authorization for Negotiating an Agreement with Kirkham Michael and
Associates, Inc. of Omaha, Nebraska for Consulting Services Relative to Water Main Work on
Second Street.
#2003-318 - Approving Agreement with Gladys V. Schoel Regarding Terms for Utility
Easement Acquisition. Public Works Director Steve Rhiehle reported that the City Utility and
Public Works Departments were seeking an easement to facilitate the installation of City Sewer
service to the Marylane and Kentish Hills Subdivisions in the event that the residents of these
subdivisions chose to permit the formation of a City Sewer District. Acquisition of this easement
would also permit the water mains that would be installed in the Marylane and Kentish Hills
Subdivisions to be looped to enhance the flow of water through those mains and the service to
the residents of those areas. Discussion was had concerning the about of the easement.
Motion was made by Walker, second by Gilbert to approved Resolution #2003-318. Upon roll
call voted, all voted aye. Motion adopted.
#2003-325 - Approving Acquisition of Public Utility Easement Located at 3732 West Husker
Highway. (Gladys V. Schoel) Public Works Director Steve Riehle reported that this acquisition
was connected to Resolution #2003-318. Discussion was held with regards to cost of the
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Page 6, City Council Regular Meeting, November 4, 2003
acquisition. Utilities Director Gary Mader explained the advantages of this easement with
regards to the water main being construction in the Maryland and Kentish Hills Subdivisions.
Motion was made by Cornelius, second by Haase to approve Resolution #2003-325. Upon roll
call vote, all voted aye. Motion adopted.
#2003-326 - Approving Acquisition of Public Utilitv Easement Located at 3803 Marvlane.
(Matthew J. and Lori A. Beiber) Motion was made by Pieldtick, second by Gilbert to deny
Resolution #2003-326.
Public Works Director Steve Riehle reported that in conjunction with the installation of the
Water Main Districts No. 444 and 445 and Sanitary Sewer District 512, it was necessary to
acquire an easement for the installation, upgrade, maintenance and repair of the water and sewer
mains to be installed under these Districts. Discussion was held concerning the cost to the City
for acquisition of this easement.
Upon roll call vote, all voted nay. Motion failed.
Motion was made by Whitesides, second by Cornelius to approve Resolution #2003-326. Upon
roll call vote, all voted aye. Motion adopted.
#2003-332 - Approving Contract with Central Nebraska Humane Society. City Attorney Doug
Walker reported that the following language was added to the contract: "The Humane Society
shall obtain approval from the Central District Health Department prior to submitting each
animal for rabies testing if reimbursement is to be requested." Council questioned if this change
would slow down the process for rabies testing. It would not.
Discussion was had concerning the hours of operation. Pat Devine representing the Central
Nebraska Humane Society commented that this change would coincide with what was currently
being done. She stated she would bring the issue of longer office hours to the Humane Society
Board. City Attorney Doug Walker stated that the agreement was for a minimum number hours
of operation. Councilmember Whitesides stated Council should not dictate the Humane Society
hours as they were an outside agency and encouraged the Council to approve the Resolution with
the recommendation that the Humane Society Board look at extending their hours of operation.
Motion was made by Whitesides, second by Cornelius to approve Resolution #2003-332 with the
addition relative to the Central District Health Department wording regarding rabies testing.
Upon roll call vote, all voted aye. Motion adopted.
REQUEST AND REFERRALS:
Request of Grand Island Kennel Club, Inc. 2860 East Bismark Road to be Annexed into the City
of Grand Island. City Attorney Doug Walker reported that the Grand Island Kennel Club was
requesting that their property be annexed into the City of Grand Island. The Kennel Club was
also requesting that city sewer service be extended to the improvements on their property as soon
as possible. If the council approved this request for annexation and referred it to the Planning
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Page 7, City Council Regular Meeting, November 4,2003
Commission for approval prior to the Council adopting an annexation ordinance, then Public
Works could begin the process of extending sewer service to the Kennel Club property.
Motion was made by Nickerson, second by Cornelius, to approve the request of the Grand Island
Kennel Club. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Nickerson, carried unanimously to approve the Claims for the
period of October 29, 2003 through November 4, 2003, for a total amount of $1,874,481.13.
Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
QS\eu- WLo~
RaNae Edwards
City Clerk