04/12/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 12, 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 April 12, 2005. Notice of the meeting was given in the Grand Island Independent on
April 6, 2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's 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 Rene Lopez, Iglesia de Dios, 2525 West State Street
followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
1. Grand Island hosting the GREAT Race on July 2, 2005
2. Congratulated Chad Nabity, Regional Planning Director for recelvmg the Mitsuo
Kawamoto Award
3. Wall of Remembrance displayed at City Hall through the month of April, 2005. This wall
honors those service men and women who have died in Iraq serving our country.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Dick Strehle. Meter Reader Supervisor for the Finance Department for 40 Years
of Service with the City. Mayor Vavricek and the City Council recognized Dick Strehle, Meter
Reader Supervisor with the Finance Department for 40 years of service with the City. Finance
Director David Springer commented on Mr. Strehle's service. Mr. Strehle was present for the
recognition.
Proclamation "Red Hat Society Day" April 25. 2005. Mayor Vavricek proclaimed April 25, 2005
as "Red Hat Society Day". Patricia Cook and members of the Chrysalis Red Hat Society were
present in full regalia to receive the proclamation.
Proclamation "National Autism Awareness Month" April. 2005. Mayor Vavricek proclaimed the
month of April, 2005 as "National Autism Awareness Month". Russell Wing was present to
receive the proclamation.
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Page 2, City Council Regular Meeting, April 12, 2005
Proclamation "National Library Week" April 10-16. 2005. Mayor Vavricek proclaimed the week
of April 10-16, 2005 as "National Library Week". Library Director Steve Fosselman was present
to receive the proclamation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to the Board of Equalization.
#2005-BE-4 - Consideration of Determining Benefits for Street Improvement District 1221,
South Locust Street from US Highway 34 to Stolley Park Road. Steve Riehle, Public Works
Director reported that the Certificate of Final Completion for Street Improvement District 1221
was approved on March 8, 2005 with an April 12, 2005 date set for determining the benefits for
this district. Only a portion of the project was to be assessed for sidewalks that did not exist prior
to construction.
Motion by Pielstick, second by Gilbert, to approve Resolution #2005-BE-4, carried unanimously.
Motion adopted.
RETURN TO REGULAR SESSION: Motion by Hornady, second by Cornelius, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of Edward & Anita Sabatka dba Uncle Ed's Steakhouse. 2624 South
Locust Street for a Class "I" Liquor License. City Clerk RaNae Edwards reported that Edward &
Anita Sabatka dba Uncle Ed's Steakhouse, 2624 South Locust Street had submitted an
application with the City Clerk's Office for a Class "I" Liquor License which allows for the sale
of alcoholic beverages 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 March 22, 2005; notice to the applicant of date, time,
and place of hearing mailed on March 22, 2005; notice to the general public of date, time, and
place of hearing published on April 2, 2005; and Chapter 4 of the City Code. No public
testimony was heard.
Public Hearing on Request of Svoboda & Henk. Inc. dba Godfather's Pizza. 1201 South Locust
Street for a Change of Location for Class "A-12626" Liquor License. City Clerk RaNae Edwards
reported that Svoboda & Henk, Inc. dba Godfather's Pizza, 1201 South Locust Street had
submitted an application with the City Clerk's Office for a change in location to their Class "A-
12626" Liquor License to 1916 South Locust Street. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on March 28,2005; notice to the applicant of date, time, and place of hearing mailed on
March 28, 2005; notice to the general public of date, time, and place of hearing published on
April 2, 2005; and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Dale Hartwig for Conditional Use Permit for Temporarv Crushed
Concrete Parking/Staging Area to be used during St. Francis Medical Center Bed Tower
Addition Located at 905 North Custer Street. Craig Lewis, Building Department Director
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Page 3, City Council Regular Meeting, April 12, 2005
reported that an application was received from Dale Hartwig on behalf of St Francis Medical
Center to allow for a temporary parking lot located at 904 North Custer Street for use as a
construction staging area. Mr. Lewis recommended approval with the following two conditions
being placed upon this request: 1) a landscape buffer of 5' along the north and south boundaries,
and 10' adjacent to the east and west boundaries of the property need to be provided to comply
with the landscape requirements of the City Code and to help buffer neighboring properties from
the proposed parking lot. 2) the responsibility of controlling any dust created from the lot needs
to be addressed by the applicants during any dry months throughout the duration of the use. No
public testimony was heard.
Public Hearing on Request of Richard Hartman for Conditional Use Permit for Sand and Gravel
Operation Located at 3812 South Blaine Street. Craig Lewis, Building Department Director
reported that an application was received from Richard Hartman to allow for a sand and gravel
facility located at 3812 South Blaine Street to be operated by Lyman-Richey Corporation dba
Central Sand and Gravel. Mr. Lewis suggested several conditions being placed upon this request
if approved by Council:
The following people spoke in opposition:
. Dr. Casey Iverson, 3604 South Blaine Street
. Kathy Miller, 4015 Scheel Road
. Vi Sheeks, 3623 South Blaine Street
. Dick Miner, 3527 South Blaine Street
. Scott Leisiner, 2119 Bass Road
. Dan Lind, 2111 Bas Road
The following people spoke in support:
. Bill Francis, Attorney representing Richard Hartman
. Carl Roberts employed by Lyman-Richey
No further public testimony was heard.
Public Hearing for a Community Revitalization Assessment Grant Application. Joni Kuzma,
Community Development Specialist reported that the Nebraska Department of Economic
Development (NDED) was accepting grant applications for community revitalization through a
Community Development Block Grant (CDBG). The application would be for a Comprehensive
Needs Assessment and a Revitalization Study for the City of Grand Island. No public testimony
was heard.
Public Hearing on Acquisition of Right-of-Way at 431 Cherokee Avenue (James and Pauline
Thornton). Steve Riehle, Public Works Director reported that acquisition of a right-of-way
located along 431 Cherokee Avenue was needed in order to construct a Sanitary Sewer District
in this area. No public testimony was heard.
Public Hearing on Purchase of Thornton Property located at 1 Navaio Drive. (Chester and
Juliann Thornton). Steve Riehle, Public Works Director reported that acquisition of property
located at 1 Navajo Drive was needed as part of a Sanitary Sewer District that would be
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Page 4, City Council Regular Meeting, April 12, 2005
constructed in this area. Also a portion of this property would be needed for future construction
and development of through streets connecting to northwest Grand Island. A purchase price of
$75,000.00 had been agreed upon. Julie Thornton, 1 Navajo Drive commented on the price
received compared to what was needed to buy another home to relocate. No further public
testimony was heard.
Public Hearing on Application for Edward Byrne Memorial Justice Assistance Grant (JAG)
2005. Police Chief Kyle Hetrick reported that the Grand Island Police Department and the Hall
County Sheriffs Department were eligible to receive Justice Assistance Grant money from the
U.S. Department of Justice in 2005. A combined amount for both agencies was awarded in the
amount of $34,581.00 to be spent over a four year period. No public testimony was heard.
Public Hearing on Acquisition of Property Located at 1203-1205 West 3rd Street. (Grand Island
Library Foundation. Inc. Previously Owned by S. Douglas Kucera and Marcia. Almquist) City
Attorney Doug Walker reported that acquisition of property located at 1203-1205 West 3rd Street
was needed for the Abbott Memorial Library expansion. The Library Foundation has acquired
this property and was donating it to the City. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 530 North Webb Road. (Abundant
Life Christian Center) Steve RieWe, Public Works Director reported that acquisition of a utility
easement located at 530 North Webb Road was required in order to have access to install,
upgrade, maintain, and repair public utilities. This easement would be used to construct a
Sanitary Sewer Project. No public testimony was heard.
Public Hearing on Acquisition of Sanitary Sewer Easement Located at 9 Dakota Drive. (Joel
Shafer) Steve Riehle, Public Works Director reported that acquisition of a sanitary sewer
easement located at 9 Dakota Drive was needed in order to install, upgrade, maintain, and repair
public utilities. This easement would be used to construct a Sanitary Sewer Project. No public
testimony was heard.
Public Hearing on Acquisition of Right-of-Way Adjacent to and North of 1 Navajo Drive and 2
Navajo Drive. (Jacqueline Hanover and Ted & Imogene Lechner) Steve Riehle, Public Works
Director reported that acquisition of right-of-way located adjacent to and North of 1 Navajo
Drive and 2 Navajo Drive was needed in order to install, upgrade, maintain, and repair public
utilities. This would be used to construct a Sanitary Sewer Project. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 2620 West Faidley Avenue. (St.
Francis Medical Center) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 2620 West Faidley Avenue was required in order to have access to install,
upgrade, maintain, and repair water lines. This easement would be used to install a new water
main to provide fire protection and domestic service to the new nine story structure of St. Francis
Medical Center. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 804 North Webb Road. (WCt
LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 804
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Page 5, City Council Regular Meeting, April 12, 2005
North Webb Road 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
high voltage underground cables and a pad-mounted transformer to serve electricity to the new
building (Zenon International Hair Design School). 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:
#8969 - Consideration of Assessments for Street Improvement District 1221, South
Locust Street from US Highway 34 to Stolley Park Road
#8970 - Consideration of Vacating an Alley Between 4th Street and 5th Street, West of St.
Paul Road (Behind Former 3rd City Livestock Sale Barn)
#8971 - Consideration of Amending Chapter 24-8 of the Grand Island City Code
Relative to Swimming at L.E. Ray Lake
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 Hornady seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Public Works Director Steve Riehle explained Ordinances #8969 and #8970.
Motion by Pielstick, second by Homady to approve Ordinances #8969 and #8970.
City Clerk: Ordinances #8969 and #8970 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 #8969 and #8970 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8969 and #8970 are declared to be lawfully adopted upon publication as required by
law.
Parks and Recreation Director Steve Paustian explained Ordinance #8971. Steve Horn, 1715
South Blaine Street wanted the Council to consider all options and encouraged allowing the Dive
Rescue Team to use the lake for scuba diving.
Motion by Pielstick, second by Haase to approve Ordinance #8971.
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Page 6, City Council Regular Meeting, April 12, 2005
City Clerk: Ordinance #8971 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides,
Pielstick, Gilbert, Nicerkson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember
Cornelius voted no. Motion adopted.
City Clerk: Ordinance #8971 on final reading. All those in favor of the passage of this ordinance
on final reading, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides,
Pielstick, Gilbert, Nicerkson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember
Cornelius voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #8971 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Items G-5 and G-9 were pulled from the Agenda. Item G-14 was pulled
for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda
excluding Items G-5, G-9, and G-14. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 22,2005 City Council Regular Meeting.
Approving Minutes of March 29,2005 City Council Special Meeting.
Approving Minutes of April 5, 2005 City Council Study Session.
Approving Appointments of Karl Kostbahn and Jerry Bryant to the Library Facilities Committee.
Approving Request of Matthew Carr, 3720 West State Street for Liquor Manager Designation
for Whiskey Creek Steakhouse, 1016 Diers Avenue. This item was pulled from the Agenda at
the request of the applicant.
Approving Request of Edward & Anita Sabatka dba Uncle Ed's Steakhouse, 2624 South Locust
Street for a Class "I" Liquor License.
Approving Request of Svoboda & Henk, Inc. dba Godfather's Pizza, 1201 South Locust Street
for a Change of Location to their Class "A-12626" Liquor License to 1916 South Locust Street.
Approving Request of Dale Hartwig for Conditional Use Permit for Temporary Crushed
Concrete Parking/Staging Area to be used during St. Francis Medical Center Bed Tower
Addition Located at 905 North Custer Street. Councilmember Gilbert abstained.
#2005-97 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage
Buildings with Dominion Construction Company in an Amount of $2,000.00 per year; Jerry
Harders in an Amount of $500.00 per year; and Nebraska State Patrol in an Amount of $500.00
per year. This item was pulled from the Agenda at the request of the Parks and Recreation
Director until the April 26, 2005 City Council Regular Meeting.
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Page 7, City Council Regular Meeting, April 12, 2005
#2005-98 - Approving Extension of Lease Agreement with Hall County Airport Authority for
Jackrabbit Run Golf Course until April 30. 2006.
#2005-99 - Approving Request for a Community Revitalization Assessment Grant Application.
#2005-100 - Approving Acquisition of Right-of-Way Located at 431 Cherokee Avenue. (James
and Pauline Thornton)
#2005-101 - Approving Acquisition of Real Estate Located at 1 Navaio Drive in an Amount of
$75.000.00. (Chester and Juliann Thornton)
#2005-103 - Approving Bid Award for the Asphalt Maintenance Proiect 2005-AC-L Annual
Resurfacing Program with Gary Smith Construction Company of Grand Island. Nebraska in an
Amount of$587.245.05.
#2005-104 - Approving Bid Award for Pole Yard Improvements - Electrical Proiect 2005-PY-l
with Rathman-Manning Corp. of Chapman. Nebraska in an Amount of $1 09.536.92.
#2005-105 - Approving The Great Race 2005 Overnight City Host Agreement and Coordination
of Activities with Rally Partners. Inc. a Nevada Corporation.
#2005-106 - Approving Change Order # 1 for Engineering Services for Fuel Storage and
Handling Area Upgrades with Black & Veatch of Overland Park. Kansas for an Increased
Amount of $7.900.00 and a Modified Contract Amount of $67.500.00.
#2005-107 - Approving Wireline Crossing Agreement with Union Pacific Railroad and Grand
Island Utilities Department.
#2005-108 - Approving Application for Edward Byrne Memorial Justice Assistance Grant
(JAG) 2005.
#2005-109 - Approving Memorandum of Understanding with Hall County Relative to
Allocation of JAG Grant Monies in the Amount of $8.645.00.
#2005-110 - Approving Acquisition of Property Located at 1203-1205 West 3rd Street. (Grand
Island Library Foundation. Inc. Previously Owned by S. Douglas Kucera and Marcia K.
Almquist)
#2005-111 - Approving Acquisition of Utility Easement Located at 530 North Webb Road.
(Abundant Life Christian Center)
#2005-112 - Approving Acquisition of Sanitary Easement Located at 9 Dakota Drive. (Joel
Shafer)
#2005-113 - Approving Acquisition of Right-of- Way Adiacent to and North of 1 Navaio Drive
and 2 Navaio Drive. (Jacqueline Hanover and Ted & Imogene Lechner)
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Page 8, City Council Regular Meeting, April 12, 2005
#2005-114 - Approving 2nd Amendment to the Agreement for Engineering Services with Olsson
Associates of Grand Island, Nebraska for Construction Administration on the Project to Pave
Independence Avenue in an Amount not to exceed $42.519.00.
#2005-115 - Approving Bid Award for Phelps Control Contract Project 2005-0PGW-1 with
Kavton Electric, Inc. of Holdrege, Nebraska in an Amount of $71.317.00.
#2005-116 - Approving Acquisition of Utility Easement Located at 2620 West Faidley Avenue.
(St. Francis Medical Center) Councilmember Gilbert abstained.
#2005-117 - Approving Acquisition of Utility Easement Located at 804 North Webb Road.
(WCt LLC)
#2005-118 - Approving Agreement for Reconfiguration of Segments of Electric Distribution
Circuits and 115kV Transmission Line Between the City of Grand Island and EXT Incorporated.
#2005-119 - Approving GITV Engineering Services with A VI Systems of Omaha, Nebraska in
an Amount of $13,863.00.
#2005-102 - Approving Bid Award for One Four-Wheel Drive Skid Steer Loader for the Street
& Transportation Division of the Public Works Department with Central Nebraska Bobcat of
Grand Island, Nebraska in an Amount of $24585.50. Steve Riehle, Public Works Director
explained that they were not recommending the low bid for this item because it did not meet the
specifications.
Dan Anderson, 4245 Utah Avenue and Jason Morgan, 104 West 14th Street spoke in opposition.
Don Mustion, 4010 Driftwood spoke in support.
Motion by Whitesides, second by Hornady to approve Resolution #2005-102. Upon roll call
vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Approving Request of Richard Hartman for Conditional Use Permit for Sand and Gravel
Operation Located at 3812 South Blaine Street.
Motion by Whitesides, second by Cornelius to deny the request of Richard Hartman for a
Conditional Use Permit for sand and gravel operation located at 3812 South Blain Street. Upon
roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2005-73 - Approving Economic Development Incentive Agreement with CXT Incorporated.
City Attorney Doug Walker reported that the Economic Development Corporation had taken an
application of CXT for a $100,000 infrastructure grant and a $100,000 forgivable loan as an
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Page 9, City Council Regular Meeting, April 12, 2005
incentive to assist with the expansion of their facility to manufacture concrete railroad ties
located at 710 East Highway 30.
Motion by Hornady, second by Whitesides to approve Resolution #2005-73. Upon roll call vote,
all voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of March 23,2005
through April 12, 2005, for a total amount of $3,388,102.59. Motion adopted unanimously.
Councilmember Pielstick abstained from voting on Claims #95134 and #95428.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
Rof\~ffi~
RaNae Edwards
City Clerk