02/08/2005 Minutes
I
I
I
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 8, 2005
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 February 8, 2005. Notice ofthe meeting was given in the Grand Island Independent on
February 2,2005. .
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady,
Walker, and Haase. Councilmember Pielstick was absent. 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 Terry Brown, Calvary Assembly of God, 1424 North Eddy
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Gloria Wolbach representing the
AOK Lady's and explained the "Acts of Kindness" week. Mayor Vavricek mentioned the on-
going process of the Fire Station and Fire Training Site. Also mentioned was the upcoming
Council retreat which was set for March 5, 2005.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Troy Hughes, Fire Training Division Chief for 20 Years of Service with the
Grand Island Fire Department. The Mayor and Council recognized Fire Training Division Chief
Troy Hughes for 20 years of service with the City of Grand Island. Troy Hughes was present for
the recognition.
Recognition of Fred Hotz, Fire Prevention Division Chief for 20 Years of Service with the Grand
Island Fire Department. The Mayor and Council recognized Fire Prevention Division Chief Fred
Hotz for 20 years of service with the City of Grand Island. Fred Hotz was present for the
recognition.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Whitesides,
carried unanimously to adjourn to the Board of Equalization.
#2005-BE-3 - Consideration of Determining Benefits for Street Improvement District No. 1253~
Island Circle West of Webb Road in Lacy Subdivision. Steve Riehle, Public Works Director
reported that Street Improvement District No. 1253 was completed on November 4, 2004 and
this action was for determining the benefits for this district. Motion by Nickerson, second by
Cornelius, to approve Resolution #2005-BE-3, carried unanimously.
I
I
I
Page 2, City Council Regular Meeting, February 8, 2005
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Hornady, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Amy Anderson. Personal Representative of the Estate of Thomas
Anderson for Conditional Use Permit for Sand and Gravel Operation Located at 2819 South
Locust Street. Craig Lewis, Building Department Director reported that an application was
received from Amy Anderson, Personal Representative of the Estate of Thomas Anderson to
allow for the continued operation of a sand and gravel facility located at 2819 South Locust
Street, not to exceed 3 years. Mr. Lewis stated the original request was approved by City Council
in 1972 and had received subsequent approvals for the past 33 years. Mentioned were restrictions
or conditions which appeared appropriate if approved by Council. Garry Williams, 610 Midaro
Drive and Don Razey, 520 Midaro Drive spoke concerning the subdivision agreement which
provided for a road to be put in by the subdivider. Their request was that Council approve the
conditional use permit contingent upon the Anderson's signing a contract for the road work. No
further public testimony was heard.
Public Hearing on One & Six Year Street Improvement Program. Steve Riehle, Public Works
Director reported that adoption of a One and Six Year Street Improvement Program was required
by State law as part of the requirements to receive approximately three million dollars of state
gas tax funds each year. This item was reviewed by Council at their January 25, 2005 Regular
Meeting and referred to the Regional Planning Commission. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3429 West 13th Street. CRT Omaha
Franchise. LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at 3429 West 13th Street was required in order to have access to install, upgrade,
maintain, and repair power appurtenances. This easement would be used to place primary
underground electrical cable and a pad-mounted transformer to serve the new Ruby Tuesday
Restaurant. No public testimony was heard.
ORDINANCES:
Councilmember Whitesides moved "that the statutory rules requiring ordinances to be read by
title on three different days be suspended and that ordinance numbered:
#8952 - Consideration of Assessments for Street Improvement District No. 1253; Island
Circle West of Webb Road in Lacy Subdivision
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, voted aye. Motion adopted.
Motion by Hornady, second by Cornelius to approve Ordinance #8952.
I
I
I
Page 3, City Council Regular Meeting, February 8, 2005
City Clerk: Ordinance #8952 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 #8952 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
#8952 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Items G-5 and G-ll were removed from the Consent Agenda for further
discussion. Motion by Hornady, second by Gilbert to approve the Consent Agenda excluding
Items G-5 and G-l1. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of January 25, 2005 City Council Regular Meeting.
Approving Minutes of February 1, 2005 City Council Study Session.
Approving Appointment of Councilmember Bob Meyer to the Humane Society Board.
Approving Request of Alice Frazeur, 2323 West George Street for Liquor Manager Designation
for Pump & Pantry #3,2511 Diers Avenue.
#2005-34 - Approving One & Six Year Street Improvement Program.
#2005-35 - Approving Bid Award for One Commercial Front Mount Mower for the Wastewater
Division of the Public Works Department with Green Line Equipment of Grand Island, Nebraska
in an Amount of $6,956.00.
#2005-36 - Approving Bid Award for One 20 Ton Pull Type Trailer Mounted Spreader for the
Wastewater Division of the Public Works Department with West Point Design, Inc. of West
Point, Nebraska in an Amount of$31J24.00.
#2005-37 - Approving Acquisition of Utility Easement Located at 3429 West 13th Street. (RT
Omaha Franchise, LLC)
#2005-38 - Approving Request for Proposal for Engineering Services for Transmission Line
Work with Advantage Engineering, Inc. of Chesterfield, Missouri in an Amount not to exceed
$52,000.00.
#2005-40 - Approving Final Plat and Subdivision Agreement for Backer Subdivision. It was
noted that Grand Island Habitat for Humanity, owners had submitted the final plat for Backer
Subdivision, located on land comprising of the Wl/2 SEl/4 of Section 10-11-9 for the purpose of
creating 4 lots.
I
I
I
Page 4, City Council Regular Meeting, February 8, 2005
#2005-41 - Avproving Final Plat and Subdivision Agreement for RDR Subdivision. It was noted
that Donald and Connie Robertson, owners had submitted the final plat for RDR Subdivision,
located on land comprising Lot 3, Block 134 Union Pacific Railway Co Second Addition for the
purpose of creating 2 lots.
#2005-42 - Approving Police and Firefighter Pension Plan Documents and Appointment of
Wells Far~o Bank. N.A. as Trustee.
#2005-43 - Approving Amendment to the Agreement with the Nebraska Department of Roads
for Widening US Hi~hway 30 from Grant Street to Greenwich Street.
Approving Request of Amy Anderson. Personal Representative of the Estate of Thomas
Anderson for Conditional Use Permit for Sand and Gravel Operation Located at 2819 South
Locust Street. Craig Lewis, Building Department Director explained the background of the
conditional use permit which allowed Lyman-Richey Corp. to pump sand and gravel and the
subdivision agreement which provided for the Anderson's to build a road. Doug Walker, City
Attorney commented on the legal issues surrounding these two issues, stating they were two
separate issues. A lengthy discussion was held concerning the subdivision agreement and the
Anderson's responsibility and the application for the conditional use permit to allow Lyman-
Richey Corp. to continue to pump sand and gravel. Mentioned were safety issues of not having a
road built in this subdivision.
Steve Riehle, Public Works Director commented on contact he had with the Anderson's stating a
design work and a contract for the road had been completed, but the Anderson's had not signed.
Garry Williams, 610 Midaro Drive commented that he did not want to stop Lyman-Richey Corp.
from pumping but wanted leverage to get the contract signed by the Anderson's for the road
work.
Motion was made by Whitesides, second by Haase to approve the Conditional Use Permit as
requested by Amy Anderson, PR contingent upon the contract being signed to build the road as
stated in the subdivision agreement. Upon roll call vote Councilmember's Whitesides, Gilbert,
Cornelius, Pauly, and Haase voted yes. Councilmembers Meyer, Nickerson, Hornady, and
Walker voted no. The Mayor stated he could not approve the motion with the stipulation of the
subdivision agreement. Motion failed.
Motion by Nickerson, second by Meyer to approve the request of Amy Anderson for a
Conditional Use Permit. Upon roll call vote, Councilmember's Meyer, Gilbert, Nickerson, Pauly,
Hornady, and Walker voted yes. Councilmember's Whitesides, Cornelius, and Haase voted no.
Motion adopted.
#2005-39 - Approving Bid Award for Cardiac Monitors for the Grand Island Fire Department
with Medtronic Physio-Control of Redmond. Washington in an Amount of $62.330.00. Terry
Leslie, EMS Division Chief explained the purpose of the six cardiac monitors and how they
would be used. Motion by Gilbert, second by Meyer to approve Resolution #2005-39. Motion
was adopted unanimously.
I
I
I
Page 5, City Council Regular Meeting, February 8, 2005
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady to approve the Claims for the period of January 26,
2005 through February 8, 2005, for a total amount of $2,577,193.87. Motion adopted
unanimously.
ADJOURN TO EXECUTIVE SESSION: Motion by Hornady, second by Cornelius, to adjourn
to Executive Session at 8:30 p.m. for the purpose of discussing Acquisition of Real Estate and
Personnel Issues. Motion adopted unanimously.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Pauly to return to Regular
Session at 9:35 p.m. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:35 p.m.
QD~ ID~
RaNae Edwards
City Clerk