04/13/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 13, 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 April 13, 2004. Notice of the meeting was given in the Grand Island Independent on
April 7, 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 Robert
Stretch, Berean Bible Church, 4116 West Capital Avenue.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
1. Firefighter Training Demonstration Saturday, April 17, 2004 at the Valentine Motel on
South Locust.
2. Spring was the time for cleanup, requested that all citizens keep our city looking great by
not littering.
3. Grand Island Senior High 2001 graduate - Noah Boye, a Marine serving in Iraq who lost
his life in the line of duty. Pastor Robert Stretch gave a prayer.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Communitv Development Week" April 12-18. 2004. The Mayor proclaimed the
week of April 12-18, 2004 as "Community Development Week". Joni Kuzma, Development
Specialist was present to receive the proclamation.
Proclamation "April is for the Arts Month" April 2004. The Mayor proclaimed the month of
April 2004 as "April is for the Arts Month".
Proclamation "National Library Week" April 18-24. 2004. The Mayor proclaimed the week of
April 18-24, 2004 as "National Library Week". Library Director Steve Fosselman was present to
receive the proclamation.
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Page 2, City Council Regular Meeting, April 13, 2004
Recognition of Parks and Recreation Director Steve Paustian for 25 Years of Service with the
Grand Island Parks and Recreation Department. Mayor Vavricek and the City Council
recognized and congratulated Steve Paustian, Parks and Recreation Director for his 25 years of
dedicated service to the City of Grand Island. Steve Paustian was present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Request of Gas 'N Shop, Inc. dba Gas 'N Shop, 3320 Langenheder Street for
a Class "B" Liquor License. City Clerk RaNae Edwards reported that due to annexation of
several properties in 2002, Gas 'N Shop, Inc. dba Gas 'N Shop located at 3320 Langenheder
Street had to apply for a new liquor license. Submitted wan an application with the City Clerk's
Office for a Class "B" Liquor License which allows for the sale of alcohol off 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 on
March 17, 2004; notice to the applicant of date, time and place of hearing mailed March 22,
2004; notice to the general public of date, time and place of hearing published on April 3, 2004;
and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request ofBobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park
Road, Suite 5 for a Class "I" Liquor License. City Clerk RaNae Edwards reported that due to
annexation of several properties in 2002, the Flight Deck Restaurant & Lounge located at 3773
Sky Park Road had to apply for a new liquor license. Submitted wan an application with the City
Clerk's Office for a Class "I" 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
on March 29, 2004; notice to the applicant of date, time and place of hearing mailed April 6,
2004; notice to the general public of date, time and place of hearing published on April 6, 2004;
and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3200 Bachman Street. (Lyman-
Richey Corporation) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 3200 Bachman Street 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 locate underground power lines and pad mounted transformer to
serve a new building being constructed on the lot. No public testimony was heard.
Public Hearing on Acquisition of Property Located at 508 South Shady Bend Road. (Jerry and
Pamela Miller) Steve Riehle, Public Works Director reported that the City had negotiated
acquisition of property owned by Jerry and Pamela Miller located at 508 South Shady Bend
Road. This property was in litigation between the City and the Miller's due to contamination of
their lake. A settlement of the lawsuit in the amount of $200,000 was negotiated. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Along and Within Proposed Pleasant View
Thirteenth Subdivision. (GNR Development Corporation). Steve Riehle, Public Works Director
reported that acquisition of a utility easement in the proposed Pleasant View Thirteenth
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Page 3, City Council Regular Meeting, Aprill3, 2004
Subdivision located north of Fonner Park Road and south of South Street was required in order
to have access to install, upgrade, maintain, and repair public utilities. 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:
#8896 - Consideration of Creation of Sanitary Sewer District No. 515, Dale Roush
Subdivision (Indian Acres)
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 first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage. Councilmember
Homady 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 comment was
heard.
City Clerk: Ordinance #8896 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 aye. Motion adopted.
City Clerk: Ordinance #8896 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 call votes on first reading and then upon final passage, Ordinance
#8896 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: It was noted that Item G-8 was pulled from the agenda until the April 27,
2004 City Council meeting. Item G-7 was pulled from the Consent Agenda for further
discussion. Motion by Pielstick, second by Homady, to approve the Consent Agenda excluding
Item G-7. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 23, 2004 City Council Regular Meeting.
Approving Minutes of April 6, 2004 City Council Special Meeting. Councilmember Gilbert
abstained.
Approving Request of Gas 'N Shop, Inc. dba Gas 'N Shop, 3320 Langenheder Street for a Class
"B" Liquor License.
Approving Request of Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska for Liquor
Manager Designation for Gas 'N Shop, 3320 Langenheder Street.
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Page 4, City Council Regular Meeting, April 13, 2004
Approving Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road,
Suite 5 for a Class "I" Liquor License.
Approving Preliminary Plat for Richmond Fourth Subdivision.
#2004-72 - Approving Final Plat and Subdivision Agreement for Richmond Fourth Subdivision.
It was noted that this item was pulled until the April 27, 2004 City Council meeting.
#2004-73 - Approving Intent to Enter the Nebraska Community Improvement Program.
Questioned were which projects would be submitted. Joni Kuzma, Development Specialist
reported that the projects had not been picked yet, but were in the process.
#2004-74 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage
Buildings with: Dominion Construction Company - $2,000; Jerry Harders - $500.00; and
Nebraska State Patrol - $500.00 per year.
#2004-75 - Approving Waiver of Annual Report from NorthWestern.
#2004-76 - Approving Acquisition of Utility Easement Located at 3200 Bachman Street.
(L yman- Richey Corporation)
#2004- 77 - Approving Agreement to Continue Participation in the Whelan Energy Center Unit
#2 Power Plant in an Amount not to exceed $40,000.00.
#2004-78 - Approving Bid Award for 35,000 GVW Cab and Chassis and 10 Cubic Yard
Vacuum Catch Basin Cleaner with Mid-Iowa Companies of Johnston, Iowa in an Amount of
$140,015.00. It was noted that Steve Riehle, Public Works Director explained the exceptions to
the Council.
#2004-79 - Approving Bid Award for Asphalt Maintenance Proiect 2004-AC-1 with Gary Smith
Construction Co., Inc. of Grand Island, Nebraska in an Amount of $460,123.29.
#2004-80 - Approving Bid Award for Bleacher and Dugout Covers with Backyard Adventures
of Omaha, Nebraska in an Amount of $39,427.00.
#2004-81 - Approving Bid Award for Street Improvement District No. 1251 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of$158,823.95.
#2004-82 - Approving Change Order No.1 to the Purchase Order for Emergency Sewer Line
Repairs Along the Bike Trail with The Diamond Engineering Company of Grand Island for an
Increase of $13,246.50 and a Revised Contract Amount of $18,647.00. It was noted that these
costs would be submitted to insurance.
#2004-83 - Approving Acquisition of Utilities Easement Along and Within Proposed Pleasant
View Thirteenth Subdivision. (GNR Development Corporation)
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Page 5, City Council Regular Meeting, April 13,2004
#2004-84 - Approving Bid Award for 2005 Truck with 55 ft. Non-Overcenter Aerial Device
with Terex Utilities West of Commerce City, Colorado in and Amount of$141,892.00.
#2004-85 - Approving Boiler Inspection Agreement with Alstrom Power, Inc. of Charleroi,
Pennsylvania in an Amount of $6,275.00.
#2004-86 - Approving Revision to the Copier Lease with Imagistics International, Inc. of Grand
Island, Nebraska for an Additional Monthly Rate of$113.95.
Approving Preliminary Plat for Woodland Park Subdivision. Chad Nabity, Regional Planning
Director explained that this was a preliminary plat for 159 lots on a parcel of land located north
of Capital Avenue, between Independence Avenue and Northwest High School. A lengthy
discussion was had concerning the access roads to the school, the layout of the subdivision, and
safety issues with regards to traffic affecting the school.
Bill Mowinkle and Robert Dubas representing Northwest High School spoke in support.
Mentioned was the need for a road on the north side of the school and safety issues. Terry
Brown, Olsson Associates representing the developers spoke in support.
Motion was made by Hornady, second by Nickerson to approve the Preliminary Plat for
Woodland Park Subdivision. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2004-87 - Approving Settlement Agreement and Acquisition of Property Located at 508 South
Shadv Bend Road. (Jerry and Pamela Miller) Motion by Pielstick, second by Hornady, to
approve Resolution #2004-87. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the
period of March 24, 2004 through April 13, 2004, for a total amount of $5,354,614.02. Motion
adopted. Councilmembers Hornady abstained from claim #67167, Whitesides voted no on claims
#66875 and #66876, and Pielsick abstained from #66871 and voted no on claims #66875 and
#66876.
ADJOURNMENT: The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
Rcf\aJL tD~
RaNae Edwards
City Clerk