05/24/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 24, 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 May 24, 2005. Notice of the meeting was given in the Grand Is/and Independent on
May 18, 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, Hornady,
Walker, and Haase. Councilmember Pauly 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 George Oxford, First Church of the Nazarene, 1022 West
6th Street followed by the PLEDGE OF ALLEGIANCE.
MA YOR COMMUNICATION: Mayor Vavricek commented on us being under a severe
thunderstorm watch. Also mentioned was the Community Youth Council having a movie night
on Friday, May 27,2005 at 8:30 p.m. at the Stolley Park Pavilion.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Older American Month" May 2005. Mayor Vavricek proclaimed the month of
May 2005 as "Older American Month". Lois Stienke, Executive Director of the Senior Citizens
Center was present to receive the proclamation.
Recognition of Louis Kaelin and Coach Jack Ross for Outstanding Performance at the
Cornhusker Trapshoot. Mayor Vavricek and the City Council recognized Louis Kaelin for
receiving 1 st Place in the Junior Division Competition of the Cornhusker Trapshoot held in
Doniphan, Nebraska. Also recognized was his coach, Jack Ross. Louis Kaelin and Jack Ross
were present for the recognition.
Recognition of Lori Farrell. Pat Johnson. and Nikki Leu for Efforts of Sending Care Packages to
Soldiers in Iraq. Mayor Vavricek and the City Council recognized Lori Farrell, Pat Johnson, and
Nikki Leu, deli workers from Five Points Skagway for their efforts of sending care packages to
soldiers in Iraq. Lori Farrell, Pat Johnson, and Nikki Leu were present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Request of Orozco's Corporation dba EI Diamante Night Club. 1600 South
Eddy Street for a Class "C" Liquor License. City Clerk RaNae Edwards reported that Orozco's
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Page 2, City Council Regular Meeting, May 24, 2005
Corporation dba El Diamante Night Club, 1600 South Eddy Street had submitted an application
with the City Clerk's Office for a Class "C" Liquor License. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on April 29, 2005; notice to the applicant of date, time, and place of hearing
mailed on May 2,2005; notice to the general public of date, time, and place of hearing published
on May 14, 2005; and Chapter 4 of the City Code. A recommendation to deny the license was
suggested. Fred Hotz, Fire Prevention Division Chief explained that Mr. Orozco had not
contacted the departments for inspections and that there was no fire sprinkler system which was
required for this size of an establishment. Rafael Orozco, 3105 Nashville spoke in favor. No
further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on the North Side ofthe Platte River.
Northeast of Highway 281. (Willaim and Carolyn Kuehner) Gary Mader, Utilities Director
reported that acquisition of a utility easement located on the north side of the Platte River,
northeast of Highway 281 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
upgrade the single phase line to a three phase line and to complete the legal documents for the
line to remain in place. The three phase line will serve a new irrigation well on Kuehner Farm
property. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on the Southwest Corner of 2nd and
Greenwich Streets. (JBWS Property Group. LLC) Gary Mader, Utilities Director reported that
acquisition of a utility easement located on the southwest corner of 2nd and Greenwich Streets
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 add
underground cable and a pad-mounted transformer to provide electricity to the new business. No
public testimony was heard.
Public Hearing on Acquisition of Property Located at 1221 West 3rd Street. (Grand Island
Library Foundation. Inc. Previously Owned by Richard L. and Joyce L. Killham) Doug Walker,
City Attorney reported that acquisition of property located at 1221 West 3rd Street was required
for the Library expansion project. No public testimony was heard.
Public Hearing Concerning Amendment to the Grand Island Zoning Map for Property South of
Seedling Mile Road between Wainwright Street and West of Shady Bend Road from TA-
Transitional Agriculture to LLR-Large Lot Residential and Property being Platted as Northview
Subdivision. West of North Road and South of Highway 2. Chad Nabity, Regional Planning
Director reported that the change would correct an error in the southeast portion of Grand Island
zoning map to LLR-Large Lot Residential. The zoning change to the property being platted as
Northview Subdivision would shift the zoning boundaries so that they were consistent with the
lot lines. No public testimony was heard.
Public Hearing on Amendments to Chapter 36 of the Grand Island City Code Relative to zoning
within the 2 Mile Extra-Territorial Jurisdiction. Chad Nabity, Regional Planning Director
reported that the changes proposed were intended to correct omissions and typographical errors
in the new zoning regulations adopted in July 2004. No public testimony was heard.
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Page 3, City Council Regular Meeting, May 24, 2005
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:
#8975 - Consideration of Amendment to the Grand Island Zoning Map for Property
South of Seedling Mile Road between Wainwright Street and West of Shady Bend Road
from TA-Transitional Agriculture to LLR-Large Lot Residential and Property being
Platted as Northview Subdivision, West of North Road and South of Highway 2
#8976 - Consideration of Amendments to Chapter 36 of the Grand Island City Code
Relative to Zoning within the 2 Mile Extra-Territorial Jurisdiction
#8977 - Consideration of Amendments to Chapter 19 of the Grand Island City Code
Relative to Library Board Authority
#8978 - Consideration of Amendments to Chapter 31 of the Grand Island City Code
Relative to Signs
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.
Doug Walker, City Attorney explained Ordinance #8977 changes and Craig Lewis, Building
Department Director explained the changes to Ordinance #8978.
Motion by Pielstick, second by Hornady to approve Ordinances #8975, #8976, #8977, and
#8978.
City Clerk: Ordinances #8975, #8976, #8977, and #8978 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 Walker voted no on Ordinance #8977. Motion adopted.
City Clerk: Ordinances #8975, #8976, #8977, and #8978 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 Walker voted no on Ordinance #8977. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8975, #8976, #8977, and #8978 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Consent Agenda items G-4 and G-5 were pulled for further discussion.
Motion by Hornady, second by Walker to approve the Consent Agenda. Upon roll call vote, all
voted aye. Motion adopted.
Approving Minutes of May 10, 2005 City Council Regular Meeting.
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Page 4, City Council Regular Meeting, May 24, 2005
Approving Minutes of May 17.2005 City Council Study Session.
Approving Re-Appointments of Bobby Ranard and Lisa Crumrine to the Community
Development Advisory Board.
#2005-151 - Approving Acquisition of Utility Easement Located on the North Side of the Platte
River. Northeast of Highway 281. (William and Carolyn Kuehner)
#2005-152 - Approving Acquisition of Utility Easement Located on the Southwest Comer of 2nd
and Greenwich Streets. (JBWS Property Group. LLC)
#2005-153 - Approving Bid Award for the UV Disinfection System for the Wastewater
Treatment Plant; Proiect 2004- WWTP-1 with Starostka Group Co. of Grand Island in an amount
of $ 1.879.400.00.
#2005-154 - Approving Acquisition of Property Located at 1221 West 3rd Street. (Grand Island
Library Foundation. Inc. Previously Owned by Richard L. and Joyce L. Killham).
#2005-155 - Approving Cooperative Proiect Agreement with State of Nebraska. Game and
Parks Commission for Development and Maintenance of a 50 Yard Pistol and 1 00 Yard Rifle
Range at CAAP.
#2005-156 - Approving Community Enhancement Program Agreement for Senior Center
Landscape Grant with the University of Nebraska - Nebraska Forest Service.
#2005-157 - Approving Bid Award for Steel Distribution Poles with WESCO Distribution. Inc.
of Sioux City. Iowa in an Amount of $57.985.44.
#2005-158 - Approving Bid Award for Replacement Pump for Stolley Park Well with Layne-
Western of Kearney. Nebraska in an Amount of $24.575.57.
#2005-159 - Approving Bid ReQuirement Waiver to Purchase Key Secure System with Knox
Box for Installation on Eight Fire Emergency Vehicles in an Amount of $4.429.00.
Approving Request of Orozco's Corporation dba EI Diamante Night Club. 1600 South Eddy
Street for a Class "C" LiQuor License. Discussion was had concerning the complaints received at
this location, the fire sprinkler system needed, and the proper occupancy permits.
Motion by Whitesides, second by Pielstick to deny the request for a Class "C" Liquor License.
Upon roll call vote, all voted aye. Motion adopted.
Approving Request of Rafael Orozco. 2105 North Nashville for LiQuor Manager Designation for
EI Diamante Night Club. 1600 South Eddy Street.
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Page 5, City Council Regular Meeting, May 24, 2005
Motion by Whitesides, second by Pielstick to deny the request of Rafael Orozco for a Liquor
Manager Designation. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2005-160 - Approving Authorization to Proceed with Emergency Repairs to Public
Infrastructure Caused by the May 11th and May 12th Flooding. Steve Riehle, Public Works
Director reported that they were requesting emergency procurement procedures to acquire
services of a contractor to perform the necessary emergency repairs due to the flooding of May
11 th & lih at the following areas:
· North Road between Northwest High school and NE Highway 2; need to replace culvert,
backfill, and asphalt road
· Coffer Dam wier structure on the Capital A venue outfall ditch which was located on the
north side of Capital A venue; need to repair or replace
· Wood River and Wood River Diversion low water crossings along the hikelbike trail;
damage assessment would not be completed until the water receded
Motion by Pielstick, second by Hornady to approve Resolution #2005-160. Upon roll call vote,
all voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Cornelius, second by Whitesides to approve the Claims for the period of May 11,
2005 through May 24, 2005, for a total amount of $2,304,379.94. Motion adopted unanimously.
Councilmember Whitesides abstained from Claim #98548.
ADJOURNMENT: The meeting was adjourned at 8: 13 p.m.
QJl~ m~
RaNae Edwards
City Clerk