06/22/2004 Minutes
I
I
I
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 22, 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 June 22, 2004. Notice of the meeting was given in the Grand Island Independent on
June 16, 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 Onamae
Waddel, Trinity United Methodist Church, 511 North Elm Street. Pastor Waddel then sang "God
Bless America".
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Fifteen individuals reserved time to speak
on agenda items.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Cornelius,
carried unanimously to adjourn to Board of Equalization.
#2004-BE-9 - Consideration of Determining Benefits for Street Improvement District No. 1248.
Faidley Avenue from Moore's Creek Drainway Easterly Towards Diers Avenue. Public Works
Director Steve Riehle stated that work had been completed on Street Improvement District No.
1248 and action was required by the Council to set the assessments for this district. Motion by
Pielstick, second by Hornady, to approve Resolution #2004-BE-9, carried unanimously.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on a Change to the Grand Island Zoning Map for Property Being Proposed for
Platting as Wal-Mart South Subdivision Located South of Highway 34 and East of South Locust
Street from TA Transitional Agricultural to CD Commercial Development. Chad Nabity,
Regional Planning Director reported that this change in zoning was for the Wal-Mart Super
Center to be located on 36.19 acres at the southeast comer of U.S. Highway 34 and South Locust
Street proposed for platting as Wal-Mart South Subdivision. Mentioned was that this item related
to the Preliminary Plat and the Final Plat and Development Agreement for Wal-Mart South
I
I
I
Page 2, City Council Regular Meeting, June 22, 2004
Subdivision before council. Mr. Nabity explained two changes to the Development Agreement
that City Administration recommended. Recommended changes were: a 10' Hike/Bike Trail
instead of 5' and a 20" water main instead of 10" to be paid by Wal-Mart.
Ken Bunger, Attorney representing Wal-Mart spoke in support ofthe zoning change, annexation,
and plat, but was opposed to the extra expense to Wal-Mart for the 20" water main. Mike
Morrow and Gary Franz representing the owners at this location requested that if the
development agreement were not approved, that Council wait with the annexation of this
property. Don Day and Brett Martinez representing Olsson Associates on behalf of Wal-Mart
were present to answer questions and encourage the city to pay for the increased size of the water
main. No further public testimony was heard.
Public Hearing on Request of Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant,
1816 Webb Road for a Class "]" Liquor License. City Clerk RaNae Edwards reported that
Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant, 1816 Webb Road had
submitted an application with the City Clerk's Office for a Class "]" Liquor License which
allows for the sale of wine and beer, 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 on June 7, 2004; notice to applicant of date, time,
and place of hearing mailed on June 7, 2004; notice to the general public of date, time, and place
of hearing published on June 12,2004; and Chapter 4 of the City Code. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 2719 South Locust Street.
(William and Sandra Lawrey) Tim Lusinger, Utilities Assistant Director reported that acquisition
ofa utility easement located at 2719 South Locust 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 electrical cables and a pad-mounted
transformer to serve the new Harley Davidson Central Store. No public testimony was heard.
Public Hearing on Request of CXT/LB Foster Company for Renewal of Conditional Use Permit
for Temporary Buildings Located at 710 East Highway 30. Craig Lewis, Building Department
Director reported that CXT /LB Foster Company had submitted a request for renewal of a
Conditional Use Permit for temporary buildings located at 710 East Highway 30. Mr. Lewis
stated these buildings were initially intended for a five year period, but have extended to eight. It
was recommended that Council approve the two year renewal as requested, but no future
approvals were recommended. No public testimony was heard.
Public Hearing on Acquisition of all Real Estate Property Located in the Block Bordered by
Walnut, Cedar, Koenig, and Charles Streets. Doug Walker, City Attorney reported that this was
the site for construction of Fire Station #1 as discussed at the June 15,2004 Study Session. This
public hearing was required for Council approval to proceed with the acquisition of the real
estate.
Jerry Benker, 1710 West Oklahoma Avenue stated that he realized that a new station was needed
and that if this was the only location for Fire Station #1, he wanted to be treated fairly. Gene
I
I
I
Page 3, City Council Regular Meeting, June 22,2004
McIntosh, 424 West Charles spoke regarding response times and coverage areas. No further
public testimony was heard.
Public Hearing on Acquisition of Approximately 90 Acres of Real Estate Located South of
Capital Avenue. East of Nebraska Central Railroad. North of Lincoln View Estates Subdivision.
and West of Geddes Street. Doug Walker, City Attorney reported that this was the site for
construction of the Fire Training Facility as discussed at the June 15,2004 Study Session. This
public hearing was required for Council approval to proceed with the acquisition of the real
estate.
Doug Petersen, 1414 Capital Avenue and Brad Petersen, 2020 East Capital Avenue commented
on a piece of property they owned north of Capital Avenue and east of McCain Foods that they
would rather have the city look at for the fire training center. Bob Hines, 1304 North Geddes
spoke in opposition. No further 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 ordinance numbered:
#8916 - Consideration of Change to the Grand Island Zoning Map for Property Being
Proposed for Platting as Wal-Mart South Subdivision Located South of Highway 34 and
East of South Locust Street from T A Transitional Agricultural to CD Commercial
Development
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to callout 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
Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this Ordinance? Ken Bunger, Attorney for
Wal-Mart commented on the unfairness of having Wal-Mart pay for the increased water main
and hikelbike trail. He stated that Wal-Mart would pay for the 10' hikelbike trail, but felt it was
not fair to have them pay for the 20" water main. No further public comment was heard.
City Clerk: Ordinance #8916 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 #8916 on final passage. All those in favor of the passage of this 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
#8916 is declared to be lawfully passed and adopted upon publication as required by law.
Motion by Pielstick, second by Nickerson to defer Ordinance #8888 to a later time to work out
the Development Agreement.
I
I
I
Page 4, City Council Regular Meeting, June 22, 2004
#8888 - Consideration of Annexation of Property Located South of U.S. Highway 34 and
East of South Locust Street - Proposed Wal-Mart South Subdivision an Addition to the
City of Grand Island (Final Reading)
Ken Bunger, Attorney for Wal-Mart requested that approval be given at this meeting so the
project could move forward. Mike Morrow representing the owners of the property stated that if
the Development Agreement were not approved by Council, the owners would not want to annex
this property at this time. Discussion was held with regards to the development agreement and
the 20" water main.
Upon roll call vote, Councilmembers Meyer, Pielstick, Nickerson, Pauly, and Walker voted aye.
Councilmembers Whitesides, Gilbert, Cornelius, Hornady, and Haase voted no. Mayor Vavricek
exercised his Mayoral right to break the tie vote by casting his vote against referring this matter
to a later time. Motion failed.
Motion by Whitesides, second by Gilbert to approve Ordinance #8888 on Final Reading.
Mike Morrow requested that Resolution #2004-150 the Development Agreement for Wal-Mart
South Subdivision be approved before the vote on Ordinance #8888. City Attorney Doug Walker
stated that Council could repeal this Ordinance if the Development Agreement was not approved.
Upon roll call vote, Councilmembers Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady,
Walker, and Haase voted aye. Councilmembers Meyer and Nickerson voted no. Motion adopted.
Motion by Pielstick, second by Hornady, to approve Ordinance #8912 on Final reading.
#8912 - Consideration of Annexation of Property South of Airport Road and East of
Shady Bend Road being Platted as Frauen Subdivision (Final Reading)
Upon roll call vote, Councilmembers Whitesides, Pielstick, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase voted aye. Councilmembers Meyer and Gilbert voted no. 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:
#8914 - Consideration of Creation of Street Improvement District No. 1253, Island
Circle - West of Webb Road in Lacy Subdivision
#8917 - Consideration of Assessments for Street Improvement District No. 1248, Faidley
Avenue from Moore's Creek Drainway Easterly Towards Diers Avenue
#8918 - Consideration of the Sale of Excess Right-of- Way to Menard, Inc., Adjacent to
the South Side of Menard's Property
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
I
I
I
Page 5, City Council Regular Meeting, June 22, 2004
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Haase 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 #8914, #8917 and #8918 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 #8914, #8917 and #8918 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
#8914, #8917 and #8918 are declared to be lawfully passed and adopted upon publication as
required by law.
CONSENT AGENDA: Item G-13 was pulled from the consent agenda. Motion by Hornady,
second by Walker, to approve the Consent Agenda excluding item G-13. Upon roll call vote, all
voted aye. Motion adopted.
Approving Minutes of June 8, 2004 City Council Regular Meeting. Councilmember Pielstick
abstained.
Approving Minutes of June 15, 2004 City Council Study Session. Councilmember Cornelius
abstained.
Approving Request of Mongolian Grill of Omaha, LLC dba Mongolian Grill Restaurant, 1816
Webb Road for a Class "J" Liquor License.
Approving Request of Tri Nguyen, 3122 North 168th Street, Omaha, Nebraska for a Liquor
Manager Designation for Mongolian Grill Restaurant, 1816 Webb Road.
Approving Request of CXT/LB Foster Company for Renewal of Conditional Use Permit for
Temporary Buildings Located at 710 East Highway 30.
Approving Preliminary Plat for Wal-Mart South Subdivision.
#2004-142 - Final Plat and Subdivision Agreement for Frauen Subdivision. It was noted that
Karen Frauen had submitted a final plat for Frauen Subdivision, located on a parcel of land in the
Wl/2 NWl/4 of Section 1-11-9 South of Airport Road, west of Shady Bend Road for the
purpose of creating 2 lots from an 80 acre tract of land. Councilmember Meyer voted no.
#2004-143 - Approving Acquisition of Utility Easement Located at 2719 South Locust Street.
(William and Sandra Lawrey)
I
I
I
Page 6, City Council Regular Meeting, June 22, 2004
#2004-144 - Approving Discontinuation of Water Main District No. 448 - Stolley Park Road,
Bellwood to Kingwood.
#2004-145 - Approving Bid Award for Horizontal Split-Case Pump with Electric Motor for
Roger's Pumping Station Pump #3 Installation with Patterson Pump Company of Toccoa,
Georgia in an Amount of$I13,OO.OO Plus Sales Tax.
#2004-146 - Approving Discontinuation of Sanitary Sewer District No. 516, Along Stolley Park
Road from Bellwood Drive to East of Kingswood Drive (Roush Subdivision).
#2004-147 - Approving Amendment to the Grand Island Employees Pension Plan.
#2004-149 - Approving Warranty Work for Burdick Station Combustion Turbines 2 and 3 with
Donaldson Company, Inc. of Bloomington, Minnesota.
#2004-148 - Ap{>roving State Contract Award for Purchase of 20 Computers for the Public
Library with Dell Computers of Round Rock, Texas in an Amount of $24,971.08. Motion by
Walker, second by Whitesides to approve Resolution #2004-148. Tim Victor, 4228 Springview
Drive spoke in opposition. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2004-150 - Approving Final Plat and Development Agreement for Wal-Mart South
Subdivision. Motion by Nickerson, second by Cornelius to approve Resolution #2004-150 with
the modification that Wal-Mart pay for a 20" water main and a 10' hikelbike trail.
Ken Bunger, Attorney for Wal-Mart commented concerning the fairness of making Wal-Mart
pay for the increased size of water main and hikelbike trail and requested that this item be
deferred to a later date if the council were to require Wal-Mart to pay the full costs.
Upon roll call vote, Councilmembers Meyer, Whitesides, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase voted aye. Councilmember Pielstick voted no. Motion adopted.
#2004-151 - Approving Resolution Proposing a Ballot Measure Banning Smoking from all
Enclosed Public Places and Places of Employment within the City of Grand Island. City
Attorney Doug Walker reported that at the June 1, 2004 Study Session, representatives of
Tobacco Free Hall County made a presentation requesting a ordinance banning smoking in all
public places within the City of Grand Island. The consensus of Council was to place this issue
on the ballot for voters to decide at the next general election. With further study from City
Administration, it was recommended that this issue be referred to the Central District Health
Department for further study.
A lengthy discussion by council followed with comments made with regards to health issues,
business owner's rights, and ballot issues. Teresa Anderson, Central District Health Department
Director supported further study of a smoking ban and the establishment of smoke free policies.
I
I
I
Page 7, City Council Regular Meeting, June 22, 2004
Collette Shaughnessy representing Tobacco Free Hall County commented that they had not been
notified or had any input in what was being presented to council, hut stated they would support a
ballot issue. Ms. Shaughnessy read a letter from Dr. Richard Fruehling supporting the smoking
ban.
The following people spoke regarding this issue:
Russell Wing, 3125 Westside Street
Dean Burch, 407 East 18th Street
Robert Mahood, 123 North Locust
Dean Pegg, 120 East 3rd Street
Richelle Cellar, 4258 Nevada Avenue
Gene Dominick, 221 East 1 st Street
Cory Cameron, 3009 W. Stolley Park Road
opposed ballot - supported ordinance
opposed smoking ban
opposed smoking ban
opposed smoking ban
opposed smoking ban
supported smoking ban
opposed smoking ban
Motion by Nickerson, second by Meyer to refer this matter to the Central District Health
Department for further study.
Upon roll call, Councilmembers Meyer, Nickerson, and Walker voted aye. Councilmembers
Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and Haase voted no. Motion failed.
Motion by Whitesides to deny Resolution #2004-151. Motion died due to lack of a second.
Motion by Whitesides, second by Pauly to take the time necessary for further study of this issue
and address ballot and/or ordinance language with the possibility of bringing this to an election.
Upon on roll call vote, all voted aye. Motion adopted.
Council took a recess at 10:40 p.m. and reconvened at 10:50 p.m.
#2004-153 - Approving Acquisition of Approximately 90 Acres of Real Estate Located South of
Capital A venue. East of Nebraska Central Railroad. North of Lincoln View Estates Subdivision.
and West of Geddes Street.
City Administrator Gary Greer commented on a discussion with the Petersen's of an alternate
site. Mr. Greer recommended looking at the alternate site located north of Capital Avenue and
east of McCain Foods. Doug Petersen, 1414 Capital Avenue commented on a preference for that
site.
Motion by Pielstick, second by Meyer to approve Resolution #2004-153. Upon roll call vote, all
voted no. Motion failed.
#2004-152 - Approving Acquisition of all Real Estate Property Located in the Block Bordered
by Walnut. Cedar. Koenig. and Charles Streets.
Councilmember Gilbert stated she felt we were rushing this decision. Councilmember Haase
supported the proposed site but had concerns about cost. Councilmember Meyer commented that
I
I
I
Page 8, City Council Regular Meeting, June 22, 2004
a Fire Station at Fonner Park solved no problems. Jerry Benker, 1710 West Oklahoma Avenue
and Elaina Barber, 417 West Koenig Street spoke in opposition. Paul Jakubowski, 1511
Stagecoach Road commented on the lack of communication with regards to this issue.
Motion by Gilbert, second by Haase to refer Resolution #2004-152 to the July 20, 2004 Study
Session meeting. Upon roll call, all voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the
period of June 9, 2004 through June 22, 2004, for a total amount of $3,451,550.11. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 11 :30 p.m.
Respectfully submitted,
RJk EQ~
RaNae Edwards
City Clerk