08/09/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
August 9,2005
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 August 9, 2005. Notice of the meeting was given in the Grand Island Independent on
August 3, 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,
Walker, Hornady and Haase. The following City Officials were present: City Administrator Gary
Greer, Deputy City Clerk Paul M. Briseno, Public Works Director Steve Riehle, and City
Attorney Doug Walker.
INVOCATION was given by Pastor Scott Friesen, Berean Bible Church, 4116 West Capital
Avenue followed by the PLEDGE OF ALLEGIANCE.
PRESENT A nONS AND PROCLAMA nONS: Presentation of the Community Redevelopment
Authority (CRA) 2005-2006 Annual Budget, presented by CRA Director Chad Nabity. Also
discussed were blighted and substandard areas, CRA goals 2005/2006, Fiscal Resources,
program funding, and responsibilities of the CRA. No questions were asked by the council.
PUBLIC HEARINGS:
Public Hearing and Approval of FY 2004-05 City Single Budget. Gary Greer, City Administrator
presented the revised FY 2004-05 city single budget and proposed FY 2005-06 city single
budget. The reporting included the general fund, capital projects, mill levy, FTE's, Fee
schedules, cash balances, and an outline for the budget process. Connie Vanwie of # 1 0 Kuester
Lake and Irene Abernethy of 707 South Blain St. spoke on this issue requesting a swimming
facility for team swimming. No further public testimony was heard
Public Hearing on Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel
Operation Located at 3554 West Wildwood. Building Director Craig Lewes presented the
request to rezone the property that is currently TA or transitional agriculture. Mr. Lewis also
noted that no licenses engineer has yet approved the request and upon this request the permit
should be approved. No public testimony was heard.
Public Hearing on Change of Zoning for Lot 1, Crane Valley 7th Subdivision from RD
Residential Development to B2 General Business. Regional Planning Director Chad Nabity
reported that the rezoning of Lot 1 Crane Valley 7th Subdivision to B2 General Business was
from lack of development. In 2003 Lot 1, Crane Valley 7th Subdivision was declared RD
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Page 2, City Council Regular Meeting, July 26, 2005
Residential Development for proposed build of dwelling units. The developer had 18 months
with a 6 month extension. No public testimony was heard.
Public Hearing on Change to Development Agreement for Via Milano Subdivision relative to
Distance Between Buildings on Adiacent Lots and Infringements into the Easements and
Outlots. Planning Director Chad Nabity reported that amendments made in the council memo
were designed to clarify the rights and responsibilities of all parties with respect to the
development of Via Milano. Todd Enk, the developer for the proposal, was on hand to answer
questions.
Public Hearing on Amendments to Chapter 36 of the Grand Island City Code Relative to
Massage Therapy. Planning Director Chad Nabity reported that the planning commission has
recommended that no change be made to the regulations. Kristi Comer of 3112 Brentwood
Circle spoke in failure of the amendment to allow massage therapy in residential zones.
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:
#8994 - Approving Change of Zoning for Lot 1, Crane Valley ih Subdivision from RD
Residential Development to B2 General Business
#8995 - Consideration of Amendments to Chapter 36 of the Grand Island City Code
Relative to Massage Therapy
#8996 - Consideration of Approving Salary Ordinance
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 fmal passage."
Councilmember Cornelius seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#8994 - Approving Change of Zoning for Lot 1 Crane Valley ih Subdivision from RD
Residential Development to B2 General Business
Motion by Hornady, second by Pielstick to approve Ordinance #8994.
City Clerk: Ordinance #8994 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 #8994 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #8994 is declared to be lawfully adopted upon publication as required by law.
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Page 3, City Council Regular Meeting, July 26, 2005
#8995 - Consideration of Amendments to Chapter 36 of the Grand Island City Code
Relative to Massage Therapy
Planning Director Chad Nabity reported that the amendment had been reviewed by the Planning
Commission with a recommendation of no changes to Chapter 36 Zoning Regulations.
Discussions between council and Kristi Comer occurred.
Motion by Whitesides, second by Haase to approve Ordinance #8995.
City Clerk: Ordinance #8995 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 Haase, Walker, and
Whitesides voted yes. Councilmember's Cornelius, Gilbert, Hornady, Meyer, Nickerson, Pauly,
and Pielstick voted no. Motion Fails
Motion by Nickerson, second by Hornady to deny Ordiance #8995.
City Clerk: Motion to deny Ordinance #8995. All those in favor of the denial of this ordinance
answer roll call vote. Upon roll call vote, councilmember's Haase, Walker, and Whitesides
voted no. Councilmember's Cornelius, Gilbert, Hornady, Meyer, Nickerson, Pauly and Pielstick
voted yes. The Mayor exercised his mayoral right to vote and voted yes. Motion to deny
Ordinance #8995 passed.
#8996 - Consideration of Approving Salary Ordinance
Human Resources Director Brenda Sutherland reports on the process of calculating the proposed
salary ordinance. No questions were asked by council.
Motion by Hornady, second by Nickerson to approve Ordinance #8996.
City Clerk: Ordinance #8995 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 #8995 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #8995 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Gilbert, second by Cornelius to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of July 26, 2005 City Council Meeting.
Approving Re-Appointment of Gene McCloud and Rhonda Saalfeld to the Business
Improvement District (BID) #3 Board.
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Page 4, City Council Regular Meeting, July 26, 2005
Approving Request from Fonner Park Exposition and Events Center. Inc. for Ratification of
Election of Board of Directors.
Approving Request of Larry Knuth for Conditional Use Permit for a Sand and Gravel Operation
Located at 3554 West Wildwood. Councilmember Nickerson noted that the passage of this item
contingent that all requirement are met by the Building Department
#2005-216 - Approving Change to Development Agreement for Via Milano Subdivision
Relative to Distance Between Buildings on Adjacent Lots and Infringements into the Easements
and Outlots.
#2005-217 - Approving Final Plat and Subdivision Agreement for Goodrich Second
Subdivision.
#2005-218 - Approving Final Plat and Subdivision Agreement for Martin's Fourth Subdivision.
#2005-219 - Approving Final Plat and Subdivision Agreement for Sunny Side Second
Subdivision.
#2005-220 - Approving Bid Award - Corrosion Control Solution - Utilities Department. Water
Department.
#2005-221 - Approving Replacement of Fire Protection Systems at the Utilities Service Center.
#2005-222 - Approving Cross Street Banners
#2005-223 - Approving Agreement with USGS and the City of Grand Island for Platte River
Well Field River Channel Analysis.
#2005-224 - Approving Contract Documents for Participation in the Whelan Energy Center Unit
#2.
#2005-225 - Approving Authorization for Emergency Sanitary Sewer Force Main Repairs on
Capital Avenue.
2005-226 - Approving Bid Award for Two Bridges for Northbound Lanes on So. Locust St.
Between 1-80 and Wood River Diversion Channel.
2005-227 - Approving Keno Satellite Location and Agreement for the Midtown Holiday Inn.
Located at 2503 South Locust Street. Grand Island. Nebraska.
2005-228 - Approving Contract with University of Nebraska-Lincoln for Graduate Assistant
Planning Intern.
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Page 5, City Council Regular Meeting, July 26, 2005
2005-229 - Approving Number of Board Members for Business Imorovement District #3 and
Appointing Bill Lowery and Jeff Reed.
#2005-231 - Approving Bid Award for Asbestos Removal & Demolition of Improvements at
1204. 1212 & 1216 West 2nd Street. 214 N. Washington S1. And 1203/1205. 1209. 1215. & 1221
West 3rd Street.
REQUESTS AND REFERRALS:
Consideration of Annexation for Property Located South of Case New Holand and West of US
Highway 281 and Refer to the Regional Planning Commission. Planning Director Chad Nabity
reported that the owners of this property are anticipating development of the property and
requesting that the city bring it in to the corporate limits.
Consideration of Annexation Property Located South of Sandra Road and East of South Locust
Street and Refer to the Regional Planning Commission. Planning Director Chad Nabity
reported that Beverly Healthcare is planning to expand their operations at this site to the south.
Motion by Hornady, second by Cornelius to refer the HI and H2 to the Planning Commission.
Upon roll call vote, all voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Cornelius, second by Hornady approve the Claims for the period of July 27, 2005
through August 9, 2005, for a total amount of $3,085,621.80. Motion adopted unanimously.
Councilmember Pielstick abstained from voting on claim #105463.
~~eting was adjourned at 8:45 p.m.
Deputy City Clerk