11/23/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 23,2004
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 November 23,2004. Notice of the meeting was given in the Grand Is/and Independent
on November 17,2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, 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.
INVOCATION was given by Pastor Curtis Holzworth, Evangelical Free Church, 2609 South
Blaine Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the property tax impact of
Grand Island with a negative 3.1 % compared to other communities in the state.
PUBLIC HEARINGS:
Public Hearing on Changes to the Grand Island Zoning Map for Lots 1 & 2, Block 1, Academy
Heights Subdivision Located South of Capital A venue and West of Hancock Avenue from R2
Low Density Residential to RD Residential Development. Regional Planning Director Chad
Nabity reported that Todd Enck, developer had submitted a proposal to change the zoning for
Lots 1 & 2, Block 1, Academy Heights Subdivision from R2 Low Density Residential to RD
Residential Development. Mr. Nabity commented that this item related to the Preliminary and
Final Plat for Via Milano Subdivision before Council at this meeting. Steve Johnson, 3535
Blaine Street, David Vaughn, 301 West 2nd Street, and Todd Enck, 511 Fleetwood Circle spoke
in support. No further public testimony was heard.
Public Hearing on Acquisition of Sanitary Sewer Easement Located West of Fonner Park Main
Building East of South Locust Street. (Hall County Livestock Improvement Association) Steve
Riehle, Public Works Director reported that acquisition of a sanitary sewer easement located
west of Fonner Park Main Building, east of South Locust Street was required in order to have
access to install, upgrade, maintain, and repair public utilities and appurtenances. The easement
would be used for construction of public sanitary sewer to serve the Heartland Events Center. No
public testimony was heard.
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Page 2, City Council Regular Meeting, November 23, 2004
Public Hearing on Acquisition of Hike/Bike Path Easement Located Along the East Side of US.
Highway 281 and South Side of U.S. Highway 34. (The Museum Board of Hall County
Nebraska) Steve Paustian, Parks & Recreation Director reported that over the last few months
the City had been negotiating with Stuhr Museum representatives for an easement located along
the east side of U.S. Highway 281 and the south side of U.S. Highway 34 to extend the
Hike/Bike Trail across museum property. The easement would be used to install, upgrade,
maintain, and repair a hikelbike path along the west and north side of the Stuhr Museum property
at U.S. Highway 281 and U.S. Highway 34. No public testimony was heard.
ORDINANCES:
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8942 - Consideration of Vacating Easement and Right of Way Located on Lot 1,
Heartland Event Center First Subdivision
#8943 - Consideration of Zoning Change to the Grand Island Zoning Map for Lots 1 &
2, Block 1, Academy Heights Subdivision Located South of Capital Avenue and West of
Hancock Avenue from R2 Low Density Residential to RD Residential Development
#8944 - Consideration of Issuing Building Bonds for Heartland Events Center, Second
Addendum to the Lease Purchase Agreement, Management Agreement and Parking
Rights and Access Agreement
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 Haase
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Utilities Director Gary Mader reported that Ordinance #8942 vacated an easement to allow for
construction of the new Heartland Events Center.
Regional Planning Director Chad Nabity reported that Ordnance #8943 was for the zoning
change with regards to the Via Milano Subdivision. Discussion was held with regards to concern
of the 20' private street, maintenance of the street, and sidewalks.
City Attorney Doug Walker reported that Ordinance #8944 was for bonding the construction of
the Heartland Events Center. Included was an Addendum to the Lease Purchase Agreement,
Management Agreement and Parking Rights and Access Agreement. Mr. Walker introduced Bill
Beavers and Bruce Lefler representing Ameritas Investment Corporation. They reported the
successful sale of the bonds at an interest rate of 4.12%.
Motion was made by Cornelius, second by Hornady to approve Ordinances #8942 and #8944.
City Clerk: Ordinances #8942 and #8944 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.
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Page 3, City Council Regular Meeting, November 23, 2004
City Clerk: Ordinances #8942 and #8944 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
#8942 and #8944 are declared to be lawfully adopted upon publication as required by law.
Motion was made by Pielstick, second by Hornady to approve Ordinance #8943.
City Clerk: Ordinance #8943 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Whitesides, Pielstick,
Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Meyer
and Gilbert voted no. Motion adopted.
City Clerk: Ordinance #8943 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Whitesides,
Pielstick, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers
Meyer and Gilbert voted no. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8943 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Item G-5 was removed from the Consent Agenda. Motion by Hornady,
second by Gilbert to approve the Consent Agenda excluding item G-5. Upon roll call vote, all
voted aye. Motion adopted.
Approving Minutes of November 9,2004 City Council Regular Meeting.
Approving Minutes of November 16,2004 City Council Study Session.
Approving Preliminary Plat for Via Milano Subdivision. Councilmember Meyer voted no.
#2004-293 - Approving Final Plat and Development Agreement for Via Milano Subdivision.
Councilmember Meyer voted no.
#2004-295 - Approving Bid Award for Tree Trimming Contract 2005-TT-l with Tom's Tree
Service of Grand Island, Nebraska in an Amount of $29,900.00; Sheffield Tree Service of Grand
Island, Nebraska in an Amount of $15,700.00; and Wright Tree Service, Inc. of Grand Island,
Nebraska in an Amount of$87,828.75.
#2004-296 - Approving Bid Award for Water Main Proiect 2005-W-l and Sanitary Sewer
Proiect 2004-S-12 with Diamond Engineering Company of Grand Island, Nebraska in an
Amount of$189,684.76.
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Page 4, City Council Regular Meeting, November 23, 2004
#2004-297 - Approving Wireline Crossing Agreement with Union Pacific Railroad m an
Amount of $1.500.00.
#2004-298 - Approving UP Circular 111 with Union Pacific Railroad for Continued Coal
Transportation to the Platte Generating Station for the years 2005. 2006 and 2007.
#2004-299 - Approving Participation in NPPD's Ainsworth Wind Energy Facility.
#2004-300 - Al'proving Acquisition of Utility Easement Located West of Fonner Park Main
Building and East of South Locust Street. (Hall County Livestock Improvement Association)
#2004-301 - Approving Keno Satellite Location and A~reement for The Chicken Coop of Grand
Island. Inc.. 120 East Third Street.
#2004-302 - Approving Agreement with ROCO Rescue Training Pro~rams of Baton Rouge.
Louisiana for Rescue Training Grant in an Amount of$12.687.40.
#2004-303 - Approving Funding for Relocation of Utilities at the Heartland Events Center in an
Amount of $440.000.00.
#2004-304 - Approving Contract with the Central Nebraska Ethnic Festival for Office Space and
Supplies. and use of Office Equipment.
#2004-305 - Approvin~ Acquisition of Hike/Bike Path Easement Located Alon~ the East Side of
U.S. Highway 281 and South Side of U.S. Highway 34. (The Museum Board of Hall County
Nebraska.)
#2004-306 - Approving 2005-2006 Coal Supply Agreement with Kennecott Energy Company of
Gillette. Wyoming.
#2004-307 - Approving New Pedestrian Crossing Agreement with Union Pacific Railroad
Company.
#2004-294 - Approving Creation of a Public Building Commission and Appointing Kirk
Ramsey. Terry Loschen. Tom Graves. Dee Price. and Roger Bullington to the Board. City
Attorney Doug Walker reported that the Public Building Commission was a non-profit
corporation created to assist and promote the development of public facilities to be used by the
City of Grand Island. City Administrator Gary Greer explained the purpose of the corporation
which was to issue tax exempt bonds and enter into lease purchase agreements with the City.
Discussion was held with regards to open meetings, council input, and types of projects that
would be eligible.
Motion was made by Pielstick, second by Hornady to approve Resolution #2004-294. Upon roll
call vote, all voted aye. Motion adopted.
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Page 5, City Council Regular Meeting, November 23, 2004
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady to approve the Claims for the period of November 10,
2004 through November 23, 2004, for a total amount of $2,420,340.16. Motion adopted
unanimously.
EXECUTIVE SESSION: Motion by Hornady, second by Cornelius to adjourn to Executive
Session at 8:05 p.m. for the purpose of discussing property negotiations. Motion adopted
unanimously.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Haase to return to
Regular Session at 8:55 p.m. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 8:55 p.m.
Po.n~ ~
RaNae Edwards
City Clerk