09/14/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 14, 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 September 14, 2004. Notice of the meeting was given in the Grand Island Independent
on September 8, 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 a moment of silence for fallen serviceman
Eric Knott who was killed in Iraq. INVOCATION was given by Pastor Scott Jones, Third City
Christian Church, 41 00 West 13 th Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek reminded everyone of the funeral services that
were held today for Serviceman Eric Knott and for all to remember his family.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Michael Peterson from Fleet Services of the Public Works Department for 20
Years of Service with the City: Mayor Vavricek and the City Council recognized Michael
Peterson for 20 years of service with the City. Public Works Director Steve Riehle commented
on Michael's service with the City. Michael Peterson was present to receive a certificate.
Proclamation "Reducing Underage Drinking: a Collective Responsibility" Presented by Proiect
Extra Mile: The Mayor presented the Proclamation "Reducing Underage Drinking: a Collective
Responsibility". Lex Ann Roach representing Project Extra Mile and 3 students spoke with
regards to underage drinking.
Proclamation "Walk to D'Feet ALS" September 19. 2004. Mayor Vavricek proclaimed
September 19, 2004 as "Walk to D'Feet ALS". John and Diane Brownell were present to receive
the proclamation and thank the City for their support. Mentioned was a walk to be held on
Sunday, September 19, 2004 at 2:00 p.m. at Eagle Scout Park to raise funds to find a cure and
assist those afflicted with the disease.
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Page 2, City Council Regular Meeting, September 14, 2004
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to Board of Equalization.
#2004-BE-15 - Consideration of Determining Benefits for Business Improvement District #3.
Finance Director David Springer stated that the City Council in its' capacity as the Board of
Equalization was required to determine the benefits for BID #3. Special assessments were for the
amount of $34,368.44. Motion by Pielstick, second by Hornady, to approve Resolution #2004-
BE-I5, carried unanimously.
#2004-BE-16 - Consideration of Determining Benefits for Business Improvement District #4.
Finance Director David Springer stated that the City Council in its' capacity as the Board of
Equalization was required to determine the benefits for BID #4. Special assessments were for the
amount of $17,324.59. Motion by Pielstick, second by Hornady, to approve Resolution #2004-
BE-16, carried unanimously.
#2004-BE-17 - Consideration of Determining Benefits for Business Improvement District #5.
Finance Director David Springer stated that the City Council in its' capacity as the Board of
Equalization was required to determine the benefits for BID #5. Special assessments were for the
amount of $80,006.00. Mr. Springer stated that the City had received a protest from The Arter
Group concerning assessments for residential and commercial being the same. This would be
studied for future assessments. Motion by Pielstick, second by Hornady, to approve Resolution
#2004-BE-17, carried unanimously.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Hornady, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Public Utility Easement Along the Property of 3936 Hampton Road, Lot 27 of
the Kentish Hills Subdivision. (Ron and DarIa Sitzman). Steve Riehle, Public Works Director
reported that an easement located along the easterly 20' of the westerly 28' of Lot 27 of Kentish
Hills Subdivision was required to have access to install and maintain a sanitary sewer. No public
testimony was heard.
Public Hearing on Public Utility Easement Along the Property of3937 Dover Court, Lot 3 of the
Kentish Hills Subdivision. (Ryan & Whitney Witt) Steve Riehle, Public Works Director reported
that an easement located along the easterly 20' of the westerly 28' of Lot 3 of Kentish Hills
Subdivision was required to have access to install and maintain a sanitary sewer. No public
testimony was heard.
Public Hearing on General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that state
statutes requires the City to conduct a public hearing if the property tax request changes from one
year to the next. Property tax request for the general property tax was $4,708,194, the Parking
District No. 2 at $26,000, and the Community Redevelopment Authority property tax at
$457,391. No public testimony was heard.
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Page 3, City Council Regular Meeting, September 14, 2004
Public Hearing on Proposed Use of Local Law Enforcement Block Grant Funds. Captain Robert
Falldorf reported that the Grand Island Police Department was eligible for federal LLEBG funds
in the amount of $7,388. The funds were tentatively allocated to purchase four LED Rotation
Lights for patrol vehicles. No public testimony was heard.
Public Hearing on Acquisition of Real Estate Located at 414 S. Shady Bend Road. (Timothy &
Mary Arends) Steve Riehle, Public Works Director reported that acquisition of real estate located
at 414 S. Shady Bend Road owned by Timothy & Mary Arends was required as part of the
overall settlement of litigation initiated by the Arends in 2003. The settlement of the lawsuit was
for a total of $240,000.00. George Sinner, 507 N. Sherman commented that there was more to
this issue than the Wastewater Treatment Plant. No further public testimony was heard.
Public Hearing for Acquisition of Public Utility Easement Along the Property of 514 Congdon
Avenue. Lot 1 of Lambert's Addition. (Galvan Construction) Steve Riehle, Public Works
Director reported that acquisition of a public utility easement located along the southerly 6' of
Lot 1 of Lambert's Addition was required in order to have access to maintain an existing sanitary
sewer. No public testimony was heard.
Public Hearing on Acquisition of Four (4) Utility Easements Located Along the North and South
Sides of East Highway 30. West of Shady Bend Road. (Woodward Family Trust and Woodward
Marital Trust) Gary Mader, Utilities Director reported that acquisition of utility easements
located along the north and south sides of East Highway 30, west of Shady Bend Road were
required in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers. The easements would be used to relocate overhead power lines
and the required anchors to back -up those lines due to the expansion and widening of East
Highway 30. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located in the Northwest Comer of the
Proposed Super Wal-Mart Property Located at Diers and Carleton Avenue. (Wal-Mart Real
Estate Business Trust) Gary Mader, Utilities Director reported that acquisition of a utility
easement located in the northwest comer of the proposed Super Wal-Mart property located at
Diers and Carleton A venue was required in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. The easement would be used
to facilitate electrical service and provide access to the electrical facilities on the north side of the
Super Wal-Mart property. No public testimony was heard.
Public Hearing on Request of Bag 'N Save. Inc. dba Bag 'N Save. 1215 Allen Drive for a Class
"D" LiQuor License. City Clerk RaNae Edwards reported that Bag 'n Save, Inc. dba Bag 'N
Save, 1215 Allen Drive had submitted an application with the City Clerk's Office for a Class
"D" Liquor License which allows for the sale of alcoholic beverages, 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 on September
1, 2004; notice to applicant of date, time, and place of hearing mailed on September 1, 2004;
notice to the general public of date, time, and place of hearing published on September 4,2004;
and Chapter 4 of the City Code. Helene Shrago, 12639 Shirley Street, Omaha, Nebraska spoke in
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Page 4, City Council Regular Meeting, September 14, 2004
support and was present for questions. George Sinner, 507 N. Sherman spoke in opposition. No
further public testimony was heard.
Public Hearing on Request of Bag 'N Save, Inc. dba Bag 'N Save. 1235 Allen Drive for a Class
"B" and "K" Liquor Licenses. City Clerk RaNae Edwards reported that Bag 'n Save, Inc. dba
Bag 'N Save, 1235 Allen Drive had submitted an application with the City Clerk's Office for a
Class "B" and "K" Liquor Licenses which allows for the sale of beer and wine, 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 on
September 2, 2004; notice to applicant of date, time, and place of hearing mailed on September
2, 2004; notice to the general public of date, time, and place of hearing published on September
4,2004; and Chapter 4 ofthe City Code. Helene Shrago, 12639 Shirley Street, Omaha, Nebraska
spoke in support and was present for questions. George Sinner, 507 N. Sherman spoke in
opposition. No further public testimony was heard.
Public Hearing on Application to the Nebraska Department of Economic Development for an
Economic Development CDBG Grant. Stewart Jobes, Nebraska State Department of Economic
Development reported that the Nebraska Department of Economic Development offers
Community Development Block grant funding for economic development. The City was
applying for a grant in the amount of $429,947 of which $425,947 would be loaned to Standard
Iron, Inc. for building construction and equipment purchases. The City would retain the
remaining $4,000 for audit and administrative expenses associated with the grant. 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:
#8931 - Consideration of Assessments for Business Improvement District #3
#8932 - Consideration of Assessments for Business Improvement District #4
#8933 - Consideration of Assessments for Business Improvement District #5
#8934 - Consideration of Amending the Grand Island City Code Relative to Downtown
Improvement and Parking District Taxes
#8935 - Consideration of Water Rate Change
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
Homady seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these Ordinances? Jose Zapat, 2110
Independence spoke in opposition to Ordinance #8935. George Sinner, 507 N. Sherman spoke in
support of Ordinance #8935. No further public comment was heard.
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Page 5, City Council Regular Meeting, September 14,2004
City Clerk: Ordinances #8931, #8932, #8933, #8934, and #8935 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. Councilmember Pielstick voted no on Ordinance #8935. Motion adopted.
City Clerk: Ordinances #8931, #8932, #8933, #8934, and #8935 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. Councilmember Pielstick voted no on Ordinance #8935. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8931, #8932, #8933, #8934, and #8935 are declared to be lawfully passed and adopted upon
publication as required by law.
CONSENT AGENDA: Items G-3, G-12, and G-25 were pulled from the consent agenda. Motion
by Hornady, second by Cornelius, to approve the Consent Agenda excluding items G-3, G-12,
and G-25. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of August 24, 2004 City Council Regular Meeting. Councilmember
Margaret Hornady abstained.
Approving Minutes of September 7, 2004 City Council Study Session and Special Meeting.
Approving Request of Bag 'N Save, Inc. dba Bag 'N Save, 1215 Allen Drive for Class "D"
Liquor License.
Approving Request of Bag 'N Save, Inc. dba Bag 'N Save, 1235 Allen Drive for Class "B" and
"K" Liquor Licenses.
Approving Request of Helene Rae Shrago, 12639 Shirley Street, Omaha, Nebraska for Liquor
Manager Designation for Bag 'N Save, 1215 Allen Drive and 1235 Allen Drive.
#2004-177 - Approving Acquisition of Public Utility Easement Along the Property of 3936
Hampton Road, Lot 27 of the Kentish Hills Subdivision. (Ron and DarIa Sitzman)
#2004-178 - Approving Acquisition of Public Utility Easement Along the Property of 3937
Dover Court, Lot 3 of the Kentish Hills Subdivision. (Ryan and Whitney Witt)
#2004-217 - Approving Changing the Delivery Date from 250 Days to 350 Days for Final
Clarifier Mechanisms Project 2003-WWTP-2 for the Waste Water Treatment Plant with Dorr-
Oliver EIMCO of Salt Lake City, Utah.
#2004-218 - Approving Continuation of Asphalt Street Improvement District No. 1254: Dale
Roush and Dale Roush 2nd Subdivisions. (Indian Acres)
#2004-219 - Approving Bid Award for Sanitary Sewer District No. 512, Marylane, Kentish
Hills, and Bradley Subdivisions with General Excavating of Lincoln, Nebraska in an Amount of
$477,488.14.
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Page 6, City Council Regular Meeting, September 14, 2004
#2004-221- Approving Proposed Use of Local Law Enforcement Block Grant Funds.
#2004-222 - Approving Application to the Nebraska Department of Economic Development for
an Economic Development CDBG Grant.
#2004-223 - Approving Amendment to the 2004-2005 Fee Schedule for Parking District #2
(Ramp) and Police Department.
#2004-224 - Approving Acquisition of Real Estate Located at 414 S. Shady Bend Road.
(Timothy and Mary Arends)
#2004-226 - Approving Acquisition of Four (4) Utility Easements Located Along the North and
South Sides of East Highway 30. West of Shady Bend Road. (Woodward Family Trust and
Woodward Marital Trust)
#2004-227 - Approving Bid Award for the Ditch Restoration from North Road Along Faidley
Avenue Extending Toward Diers Avenue then North at 1/4 Mile West of US Highway 281 with
Dobesh Land Leveling of Grand Island. Nebraska in an Amount of $79.100.00.
#2004-228 - Approving Acquisition of Public Utility Easement Along the Property of 514
Congdon Avenue. Lot 1 of Lambert's Addition. (Galvan Construction)
#2004-229 - Approving Bid Award for Asphalt Street Improvement District No. 1252~ Lillie
Drive from North Road to Mabel Drive and Mabel Drive North to Edna Drive with J.I.L. Asphalt
Paving Co. of Grand Island. Nebraska in an Amount of $34.217.25.
#2004-230 - Approving Transfer of Funds from BID #2 to BID #5.
#2004-231 - Approving Assignment of Lease from Toba. Inc. to the City of Grand Island,
Utilities Department, for Union Pacific Railroad Right-of-Way.
#2004-232 - Approving Acquisition of Utility Easement Located in the Northwest Comer of
Diers and Carleton Avenue. (Wal-Mart Real Estate Business Trust)
#2004-233 - Approving Time Extension to Contract with J.I.L. Asphalt Paving Company for
Construction of Street Improvement District No. 1250, Edna Drive. North Road to Mabel Drive.
Approving Garbage and Refuse Haulers Permits to: Central Waste Disposal, 147 East Roberts~
Clark Brothers Sanitation, 3080 West 2nd Street Mid-Nebraska Disposal, Inc., 3080 West 2nd
Street~ Full Circle. Inc., 3719 Westgate Road~ and Scott's Hauling, 3230 Westside Street. George
Sinner, 507 N. Sherman commented on three garbage hauling services in his neighborhood and
recommended that routes be created whereby companies pick up garbage only on designated
routes. He also recommended that all residential and rental properties should be required to have
garbage service.
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Page 7, City Council Regular Meeting, September 14,2004
Motion was made by Nickerson, second by Gilbert to approve the Garbage and Refuse Haulers
Permits for 2004-2005. Upon roll call vote, all voted aye. Motion adopted.
#2004-220 - Approving Final Plat and Subdivision Agreement for Schaafs Seventh
Subdivision. It was noted that Leo and Maxine Liske had submitted the final plat for Schaafs
Seventh Subdivision, located on a parcel of land comprising of Lot 1 and part of Lot 2 Schaafs
Subdivision for the purpose of creating 2 lots.
Councilmember Pielstick questioned if this property was in Merrick County. Chad Nabity,
Regional Planning Director stated that is was. Discussion was held with regards to drainage,
annexation, and distance from Hall County.
Motion was made by Pielstick, second by Meyer to deny Resolution #2004-220. Upon roll call
vote, Councilmembers Meyer, Whitesides, and Pielstick voted yes. Councilmembers Gilbert,
Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted no. Motion failed.
Motion was made by Hornady, second by Nickerson to approve Resolution #2004-220. Upon
roll call vote, Councilmembers Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and
Haase voted yes. Councilmembers Meyer, Whitesides, and Pielstick vote no. Motion adopted.
#2004-234 - Approving Addendum to Agreement to Share Initial Costs to Investigate Creation
of South Dakota Public Power Authority. Doug Walker, City Attorney reported that the City had
been contacted by a group of South Dakota municipalities to see if the City would be interested
in exploring the possibility of creating a new public power entity that would investigate the
possibility of acquiring the assets of Northwestern Corporation in the event the company was
sold. The approximate cost to the City would be $33,300.00 for the initial feasibility studies.
Linda Wittrock, Sioux Falls, South Dakota representing Northwestern Public Service Co.
cautioned the Council about costs and explained that Northwestern Public Service Co. was
currently in bankruptcy, but that it was going well. George Sinner, 507 N. Sherman complained
about his gas prices and was not in favor of the City buying a gas company. Councilmember
Whitesides stated that the City would be very capable of handling a gas company as it had with
the City owned utilities.
Motion was made by Whitesides, second by Pielstick to approve Resolution #2004-234. Upon
roll call vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Request of Elvin and Carline Denman, 6125 South U.S. Highway 281 for Consideration of
Damaged Billboard: Craig Lewis, Building Department Director reported that Elvin and Carline
Denman, 6125 South U.S. Highway 281 had requested Council consideration for the repair and
replacement of a billboard sign that had been damaged by recent winds. City Code would not
allow for the repairs and requires that the sign be removed.
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Page 8, City Council Regular Meeting, September 14,2004
Elvin and Carline Denman, 6125 S. US Hwy 281 mentioned that they thought their signs were
grandfathered in when the City Code was changed last year. The Denman's commented on the
income from these signs. Discussion was had with regards to code regulations. It was mentioned
that the Denman's had 10 signs on their property and this sign was income to the Denman's in
the amount of $700.00 per year.
Don Deitemeyer representing Lamar Signs commented that the percentage of the sign was not
over 50% replacement value and that the Denman's should be allowed to replace the sign.
Craig Lewis, Building Department Director explained the process and code regulations to
determine the percentage of damage. Pictures of the Denman sign were presented to Council.
Motion was made by Meyer, seconded by Gilbert to deny the request of replacing or repairing
the damaged sign. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2004-235 - Approving General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that this item
referred to the previous public hearing.
Motion by Walker, second by Hornady to approve Resolution #2004-235. Upon roll call vote, all
voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Cornelius, second by Pauly, approve the Claims for the period of August 25, 2004
through September 14,2004, for a total amount of $4,688,987.81. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
R~ w.~
RaNae Edwards
City Clerk