09/28/2004 Minutes
I
I
I
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 28, 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 28,2004. Notice of the meeting was given in the Grand Island Independent
on September 22,2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and
Haase. Councilmember Nickerson and Walker were absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Assistant Public Works Director Bud Buettner, and City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Randy
Fett, St. Paul Lutheran Church, 1515 South Harrison Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on the Harvest of Harmony Parade
this Saturday, October 2, 2004. Also mentioned was that Item C-l was being pulled from the
agenda at the request of Senator Ray Aguilar. Mayor Vavricek stated that there were many
elected officials who have given of their time and efforts to serve the people of Grand Island and
it was important to recognize them.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Senator Ray Aguilar Appreciation Week" September 27, 2004: Pulled from the
agenda at the request of Senator Ray Aguilar.
Recognition of Contributors to the GREAT Summer Youth Program: Grand Island Police
Officer Butch Hurst commented on the GREAT Summer Youth Program and introduced the
following officers that helped with the program: Sergeant Steve Rathman, Officer Rick Ressel,
Officer James Urbanski, and Officer Stan Steele. The Mayor presented plaques to the following
contributors of the Grand Island Police Department Great Summer Youth Program: +im Kim &
Tom Dinsdale and Mike Jacubowski, Tom Dinsdale Chevrolet; Fred Groenke, Super Saver;
Chris Burling, Howard School; Dr. Steve Joel, Grand Island School Systems; and Kevin Neth,
Coca-Cola. Also mentioned were Sam's Club, Wal-Mart, and Bosselman.
I
I
I
Page 2, City Council Regular Meeting, September 28, 2004
PUBLIC HEARINGS:
Public Hearing for a Nebraska Department of Economic Development Planning Grant. Joni
Kuzma, Development Specialist reported that the Nebraska Department of Economic
Development was offering a second cycle of funding for a CDBG Planning Grant. The City
would apply for the grant for needs assessment of homeless and homeless housing needs in
Grand Island and the area served by Hope Harbor which included Hall, Hamilton, Howard and
Merrick Counties, and the tri-city area. Marvin Anderson, President of Hope Harbor spoke in
support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 1123 N. St. Paul Road. (Habitat
for Humanity) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at 1123 N. St. Paul Road was needed in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. The easement would be used
to relocate a power pole to the south edge of the property to facilitate the construction of a new
home. No public testimony was heard.
Public Hearing on Request of Elks BPO Lodge 604 dba Elks BPO Lodge 604. 631 South Locust
Street for an Addition to their Class "C-01463" Liquor License. City Clerk RaNae Edwards
reported that Elks BPO Lodge 604 dba Elks BPO Lodge 604, 631 South Locust Street had
submitted an application with the City Clerk's Office for an addition to their Class "C-01463"
Liquor License. This request was to add a 24' x 28' addition to the northeast comer of the
building which would be enclosed by a 6' stockade fence. Dennis Garrels, 303 Lakeside Drive
spoke in support and was present to answer questions. No further public testimony was heard.
ORDINANCE:
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:
#8936 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative
to Nuisances
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
Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this Ordinance? Gene Dominic, 221 East 1 st
Street spoke concerning the enforcement of the laws on the books. He suggested that the City be
proactive and that maybe another full-time or part-time Code Enforcement Officer was needed.
Also mentioned was equal enforcement. Mr. and Mrs. Martin Gomez, 1 004 West Anna Street
with interpreter Yolanda Nuncio commented about being upset with regards to a newspaper
article about their property. Explained were actions taken to correct any code enforcement issues
on their property. Ms. Nuncio read two letters signed by neighbors who had no problem with the
I
I
I
Page 3, City Council Regular Meeting, September 28, 2004
Gomez property. City Attorney Doug Walker stated that the Legal Department had had contact
with the Gomez's and this ordinance would have no effect on their property as it was within the
City code regulations at this time. No further public comment was heard.
City Clerk: Ordinance #8936 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 #8936 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
#8936 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Items G-5 and G-12 were pulled from the consent agenda. Motion by
Hornady, second by Cornelius, to approve the Consent Agenda excluding items G-5 and G-12.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of September 14, 2004 City Council Regular Meeting.
Approving Minutes of September 21, 2004 City Council Study Session. Councilmember Carole
Cornelius abstained.
Approving Request of Elks BPO Lodge 604 dba Elks BPO Lodge 604, 631 South Locust Street
for Addition to their Class "C-01463" Liquor License.
#2004-236 - Approving Bid Award for Padmount Transformers with Cahoon Sales of Elkhorn,
Nebraska in an Amount of $41,450.00 plus tax.
#2004-238 - Approving Acquisition of Utility Easement Located at 1123 N. St. Paul Road.
(Habitat for Humanity)
#2004-239 - Approving Nebraska Department of Economic Development Planning Grant.
#2004-240 - Approving Lease of Vacant Lot at 3rd & Kimball with Senior Citizens Industries,
Inc.
#2004-241 - APVroving Grant Application from the Transportation Enhancement Program with
College Park for Construction of the Riverway Hike/Bike Trail.
#2004-242 - Apvroving Bid Award for Galvanized Steel Exterior Box Corrugated Culverts at
CMP with CONTECH Construction Products, Inc. of Lincoln, Nebraska in an Amount of
$89,203.20.
#2004-243 - Approving Amendment to Management Agreement with Heartland Public Shooting
Park.
I
I
I
Page 4, City Council Regular Meeting, September 28, 2004
#2004-245 - Approving Certificate of Final Completion and Setting Board of Equalization
Hearing Date for Sanitary Sewer District No. 513. Gosda Subdivision Along Lillie Drive West of
North Road.
#2004-246 - Approving Bid Award for a 35.000 GVW Truck Mounted Sewer Flushing Machine
with Nebraska Truck Center. Inc. of Grand Island. Nebraska in an Amount of$125.460.00.
#2004-247 - Approving Bid Award for a Positive Displacement Trailer Mounted Sewer Vacuum
with Elliott Sanitation Equipment Company of Lincoln. Nebraska in an Amount of $54.820.00.
#2004-248 - Approving Agreement for Consulting Services Relative to Railroad Corridor Study
with Kirkham Michael & Associates. Inc. of Omaha. Nebraska in an Amount not to exceed
$123.500.00.
#2004-237 - Approving Sole Source Bid Award for Fuel Oil Facilities Upgrade Proiect for
Burdick and Platte Generating Stations with the Diamond Engineering Company of Grand
Island. Nebraska to Pursue Negotiations. Councilmember Meyer questioned if the negotiations
was for this project only. Utilities Director Gary Mader stated that is was.
Motion was made by Meyer, second by Gilbert to approve Resolution #2004-237. Upon roll call
vote, all voted aye. Motion adopted.
#2004-244 - Approving City Council Meeting Schedule for 2005. Councilmember Pielstick
questioned why there was only one Study Session scheduled for August. City Clerk RaNae
Edwards stated that August 2, 2005 was National Night Out and typically the Council Meeting
was cancelled.
Motion was made by Pielstick, second by Meyer to approve Resolution #2004-244. Upon roll
call voted all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Request of Procon Management. Inc. to Allow Out Swing Doors Onto the Public Sidewalk:
Motion was made by Hornady, second by Cornelius to deny the request of Procon Management,
Inc. Craig Lewis, Building Department Director reported that Procon Management, Inc. had
submitted a License Agreement application for out swinging doors onto the public sidewalk in
front of 208 North Pine Street (formerly Old City Hall), which had been denied by City staff due
to public safety and Building Code regulations. This was an appeal of that decision.
Councilmember Whitesides questioned if the non-conforming doors were used on a daily basis.
Mr. Lewis stated that currently staff was using them and propping open the doors. Discussion
was had concerning fire regulations. Councilmember Gilbert asked if the Building Department
had seen the plans before the doors were installed. Mr. Lewis stated that before the doors were
installed Pro con was told that the doors needed to be either recessed or in swinging otherwise a
license agreement would be needed. Discussion was held with regards to other downtown
businesses with out swinging doors.
I
I
I
Page 5, City Council Regular Meeting, September 28,2004
K.C. Hehnke, 615 Ivy Hall Place representing Procon commented on other businesses in the
downtown area that had doors swinging onto the public streets. Mr. Hehnke presented pictures
that showed the original Old City Hall building and that it was the intent to remodel it to its
original state. He also stated the doors were for emergency exit only and that it would be
impossible to recess these doors. Discussed was marking these doors as emergency exists only,
removing the locks from the outside of these doors, and not using these doors for entrance or
blocking these doors. Railings were mentioned.
Motion was made by Whitesides to refer this issue to the next regular Council meeting of
October 12, 2004. Motion died to lack of a second.
Roll Call was taken upon the original motion to deny the request of out swinging doors onto the
public sidewalk located at 208 North Pine Street. Upon roll call vote, Councilmember Cornelius
aye. Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Pauly, Hornady, and Haase voted
no. Motion failed.
Motion was made by Whitesides, second by Hornady to refer this request to the October 12,
2004 Regular City Council meeting with the following stipulations:
1. Doors to be used as emergency exits only
2. Doors were to be marked emergency exit only
3. Alarms were to be installed
4. Locks on the outside of doors needed to be removed
After further discussion Councilmember Whitesides and Hornady withdrew their motion and
second.
Motion was made by Whitesides, second by Pielstick to approve the request of Pro con with the
following stipulations:
1. Doors to be used as emergency exits only
2. Doors were to be marked emergency exit only
3. Alarms were to be installed
4. Locks on the outside of these doors needed to be removed
Discussion was had concerning the alarm system. Gene Dominic, 221 East 1 st Street spoke
concerning the process of this discussion and not being uniformed throughout the City with
regards to other businesses.
Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Cornelius, Pauly, Hornady,
and Haase voted aye. Councilmember Gilbert voted no. Motion adopted.
I
I
I
Page 6, City Council Regular Meeting, September 28, 2004
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady, approve the Claims for the period of September 15,
2004 through September 28, 2004, for a total amount of $3,289,864.98. Motion adopted.
Councilmember Pauly abstained from voting on claims #80295 & #80796. Councilmember
Pielstick Hornady abstained from voting on invoices #323492 and #325056. Councilmember
Pielstick abstained from voting on claim #80473.
EXECUTIVE SESSION: Motion by Whitesides, second by Homady, carried unanimously to
adjourn to Executive Session at 8:45 p.m. for the purpose of discussing litigation issues and
property acquisition.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Hornady, carried
unanimously to return to Regular Session at 9:05 p.m.
ADJOURNMENT: The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Q~Ww~
RaNae Edwards
City Clerk