03/09/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 9, 2004
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 9, 2004. Notice of the meeting was given in the Grand Island Independent on
March 3, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nicerkson, 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 City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Paul
Hofrichter, Evangelical Free Church, 2609 South Blaine Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: None.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Abbott Sisters' Day 2004" March 20. 2004. The Mayor proclaimed March 20,
2004 as "Abbott Sisters' Day 2004". Steve Fosselman, Library Director, Jerry Bryant and Billie
Marvel were present to receive the proclamation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Hornady,
carried unanimously to adjourn to the Board of Equalization.
#2004-BE-l - Determining Reallocation of Benefits for Sanitary Sewer District No. 490. Motion
by Pielstick, second by Whitesides, to approve Resolution #2004-BE-l, carried unanimously.
#2004-BE-2 - Determining Reallocation of Benefits for Water Main District No. 432. Motion by
Pielsick, second by Whitesides, to approve Resolution #2004-BE-2, carried unanimously.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Walker, carried
unanimously to return to Regular Session.
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Page 2, City Council Regular Meeting, March 9, 2004
PUBLIC HEARINGS:
Public Hearing on Request of the City of Grand Island dba Jackrabbit Run Golf Course, 2800
North Shady Bend Road for a Class "A" Liquor License. City Clerk RaNae Edwards reported
that due to annexation of several properties in 2002, Jackrabbit Run Golf Course, owned by the
City of Grand Island located 2800 North Shady Bend Road had to apply for a new liquor license.
Submitted was an application with the City Clerk's Office for a Class "A" Liquor License which
allows for the sale of alcohol on sale only within the corporate limits of the City. Ms. Edwards
presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City Clerk of February 27, 2004; notice to applicant of date,
time and place of hearing mailed on February 27,2004; notice to the general public of date, time
and place of hearing published on February 29,2004; and Chapter 4 of the City Code. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located Y2 Mile East of 2nd Road and Y2 Mile
South of "F" Road Located in Merrick County. (Harry C. Preisendorf and JoAnn Wieland) Gary
Mader, Utilities Department Director reported that acquisition of a utility easement located Y2
mile east of 2nd Road and Y2 mile south of "F" Road, located in Merrick County, was required in
order to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers. This easement would be used to construct a new three phase overhead
power line along the half section line to serve five irrigation wells. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located Y2 Mile East of 2nd Road and Y2 Mile
South of "E" Road Located in Merrick County. (Nicholas and Adrian Mattoni) Gary Mader,
Utilities Department Director reported that acquisition of a utility easement located Y2 mile east
of 2nd Road and Y2 mile south of "E" Road, located in Merrick County, was required in order to
have access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers. This easement would be used to construct a new three phase overhead power line
along the half section line to serve five irrigation wells. No public testimony was heard.
Public Hearing on Acquisition of Property Along South Locust Street Between Stolley Park
Road and Fonner Park Road for Right-of-Way Purposes. Steve Riehle, Public Works Director
reported that acquisition of public right-of-way, landscape easements, utility easements,
ingress/egress easements, and temporary construction easements were required in order to make
improvements along South Locust Street between Stolley Park Road and Fonner Park Road. Don
Mehring, 3028 West College Street stated he had no objections. No further public testimony was
heard.
Public Hearing on Acquisition of Right-of-Way Located at 610 Midaro Drive. (Garry & Jeanne
Williams). Steve Riehle, Public Works Director reported that acquisition of right-of-way located
at 610 Midaro Drive was required in order to grade Midaro Drive. No public testimony was
heard.
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Page 3, City Council Regular Meeting, March 9, 2004
Public Hearing on Acquisition of Right-of- Way Located at 550 Midaro Dirve. (Rich and Patricia
Johnson) Steve Riehle, Public Works Director reported that acquisition of right-of-way located at
550 Midaro Drive was required in order to grade Midaro Drive. No public testimony was heard.
Public Hearing on Acquisition of Right-of-Way Located at 520 Midaro Drive. (Donald and
Deborah Razey) Steve Riehle, Public Works Director reported that acquisition of right-of-way
located at 610 Midaro Drive was required in order to grade Midaro Drive. 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:
#8890 - Consideration of Reallocating Assessments for Sanitary Sewer District No. 490
#8891 - Consideration of Reallocating Assessments for Water Main District No. 432
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
Hornady 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 comment was
heard.
City Clerk: Ordinances #8890 and #8891 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 #8890 and #8891 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
#8890 and #8891 are declared to be lawfully passed and adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda Items G-11 and G-15 were acted upon separately.
Consent Item G-16 was pulled from the agenda until the March 16, 2004 City Council Special
Meeting. Motion by Hornady, second by Cornelius, to approve the Consent Agenda excluding
Items G-11, G-15, and G-16. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of February 21. 2004 City Council Special Study Session (Council Retreat).
Approving Minutes of February 24, 2004 City Council Regular Meeting.
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Page 4, City Council Regular Meeting, March 9, 2004
Approving Minutes of March 2, 2004 City Council Study Session. Correction was made as
noted. Councilmembers Cornelius and Pielstick abstained.
Approving Request of Lois Stade, 4111 West Airport Road for Liquor Manager Designation for
Garden Cafe/Tiffany's Lounge, 3333 Ramada Road.
Approving Request of Carl Rezabek, 216 South Eddy Street for Liquor Manager Designation for
Fraternal Order of Eagles #378, 213 North Sycamore Street.
Approving Request of the City of Grand Island dba Jackrabbit Run Golf Course, 2800 North
Shady Bend Road for a Class "A" Liquor License.
Approving Request of John C. Hadwick, 131 East Ashton Avenue for Liquor Manager
Designation for Jackrabbit Run Golf Course, 2800 North Shady Bend Road.
#2004-38 - Approving Acquisition of Utility Easement Located 12 Mile East of 2nd Road and 12
Mile South of"F" Road Located in Merrick County. (Harry Preisendorf & JoAnn Wieland)
#2004-39 - Approving Acquisition of Utility Easement Located 12 Mile East of 2nd Road and 12
Mile North of"E" Road Located in Merrick County. (Nicholas and Adrian Mattoni)
#2004-40 - Approving Final Plat and Subdivision Agreement for Pleasant View 13th
Subdivision. It was noted that GNR Develo~ment Corporation of Hastings, Nebraska, had
submitted the final plat for Pleasant View 13t Subdivision, located on a parcel of land in the
WII2 NE 1/4 of Section 22-11-9 for the purpose of creating 11 lots.
#2004-42 - Approving Bid Award for Concrete Ready-Mix for 2004 to Brodsky's Ready-Mix of
Grand Island, Nebraska in an Amount of $52.20 per cubic yard.
#2004-43 - Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2004 to
OK Paving of Grand Island, Nebraska in an Amount of$368,502.50.
#2004-44 - Approving Bid Award for Asphalt Hot-Mix for 2004 to Gary Smith Construction
Co. of Grand Island, Nebraska in an Amount of$16.85 per ton for Type "B" and $20.00 per ton
for Type "c" Asphalt Hot-Mix.
#2004-46 - Approving Agreement with Grand Island Skeet and Sporting Clays Club for a Loan
up to $100,000 for Improvements to the City-Owned Shooting Facility.
#2004-47 - Approving Contract with James A. Culver dba Chippewa Northwestern Railway
Company of Lincoln, Nebraska for Train and Food Concession Services at Stolley Park.
#2004-48 - Approving Two-Year Contract with the Hall County Housing Authority for Police
Services.
#2004-49 - Approving Authorization for City Treasurer to Sell Stocks and Securities.
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Page 5, City Council Regular Meeting, March 9, 2004
#2004-50 - Approving Bid Award for Low Service Pump #2 Repair with Rotating Equipment
Repair, Inc. of Sussex, Wisconsin in and Amount of $22500.00.
#2004-51 - Approving Bid Award for Electrical Project 2001-UG-4 Installation of Electrical
Conduits with K-D Cable, Inc. of Grand Island, Nebraska in an Amount of $64,070.00.
#2004-52 - Approving Acquisition of Right-ot-Way Located at 610 Midaro Drive. (Garry and
Jeanne Williams)
#2004-53 - Approving Acquisition of Right-of-Way Located at 550 Midaro Drive. (Rich and
Patricia Johnson)
#2004-54 - Approving Acquisition of Right-of- Way Located at 520 Midaro Drive. (Donald and
Deborah Razey)
#2004-55 - Approving Agreement with Nebraska Children and Families Foundation Relative to
CYC Funding.
#2004-41 - Approving Final Plat and Subdivision Agreement for Meadow Lane 6th Subdivision.
It was noted that Harold and Judith Rosenkotter and Deborah and Stephen Spaulding, had
submitted the final plat for Meadow Lane 6th Subdivision, located on a parcel of land in the El/2
SEl/4 of Section 26-11-9 for the purpose of creating 3 lots. Councilmember Gilbert questioned
septic tanks and wondered if there were any other alternatives. Planning Director Chad Nabity
stated there was no sewer or water in this subdivision because of it being outside the City limits,
but within the 2 mile jurisdiction and that there were no other alternatives at this time.
Motion was made by Hornady, second by Cornelius to approve Resolution #2004-41. Upon roll
call vote, Councilmembers Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker,
and Hasse voted aye. Councilmembers Meyer and Pielstick voted no. Motion adopted.
#2004-45 - Approving Acquisition and Condemnation of Property Along South Locust Street
Between Stolley Park Road and Fonner Park Road. Councilmember Gilbert questioned the
condemnation process and status of the temporary construction easements. Public Works
Director Steve Riehle explained the process and that this was a way of bringing to the table those
property owners who had not signed agreements yet.
Motion by Hornady, second by Walker to approve Resolution #2004-45. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2004-56 - Approving Ballot Language for 12 Cent Sales Tax Vote. Doug Walker, City Attorney
reported that Resolution #2004-56 authorized a 12 Cent Sales Tax Measure to be placed on the
May 11 th Primary Election along with designating how the proceeds of the sales tax would be
expended.
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Page 6, City Council Regular Meeting, March 9, 2004
Councilmember Whitesides requested the City Clerk to read the ballot language. City Clerk
RaNae Edwards read the ballot language as proposed in Resolution #2004-56.
Motion by Whitesides, second by Meyer, to approve Resolution #2004-56. Upon roll call, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase, carried unanimously to approve the Claims for the period
of February 25, 2004 through March 9, 2004, for a total amount of $2,346,572.68. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
Ocf\~ WW~
RaNae Edwards
City Clerk