09/13/2005 Minutes
I
I
I
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 13,2005
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
September 13,2005. Notice of the meeting was given in the Grand Island Independent on September
7,2005.
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, Pauly, Hornady, Walker, and
Haase. Councilmember Cornelius was absent. The following City Officials were present: City
Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, and
Assistant Public Works Director Bud Buettner.
INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West
Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Walk to D'Feet ALS" September 18. 2005. Mayor Vavricek proclaimed September
18,2005 as "Walk to D'Feet ALS". Steve Langan, Awareness & Development Coordinator for the
ALS Association and Steve White were present to receive the proclamation.
Proclamation "Hispanic Heritage Month" September 15. 2005 through October 15. 2005. Mayor
Vavricek proclaimed the month of September 15, 2005 through October 15, 2005 as "Hispanic
Heritage Month" . Yolanda Nunzio was present to receive the proclamation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Homady, second by Pielstick, carried
unanimously to adjourn to the Board of Equalization.
#2005-BE-5 - Consideration of Determining Benefits for Business Improvement District #3. Finance
Director David Springer stated that the City Council in its' capacity as the Board of Equalization was
required to determine the benefits for BID #3. Special assessments were for the amount of
$34,314.47.
#2005-BE-6 - Consideration of Determining: Benefits for Business Improvement District #4.
Finance Director David Springer stated that the City Council in its' capacity as the Board of
Equalization was required to determine the benefits for BID #4. Special assessments were for the
amount of$17,349.05.
#2005-BE-7 - Consideration of Determining Benefits for Business Improvement District #5. Finance
Director David Springer stated that the City Council in its' capacity as the Board of Equalization was
required to determine the benefits for BID #5. Special assessments were for the amount of
$80,007.27. Comments were made concerning the parking ramp and a letter of protest received from
The Arter Group Ltd. owners of the Yancey Hotel. Cindy Johnson, President of the Chamber of
I
I
I
Page 2, City Council Regular Meeting, September 13, 2005
Commerce commented on the history of the parking ramp and the board looking into this. Doug
Walker, City Attorney explained the City Code.
#2005-BE-8 - Consideration of Determining Benefits for 2004 Weed Abatement Program. Doug
Walker, City Attorney reported that under Chapter 17 of the Grand Island City Code, the City had
several properties which were not mowed of which the City contracted to have taken care of. The
City Council in its' capacity as the Board of Equalization was required to determine the benefits for
the 2004 Weed Abatement Program.
Motion by Pielstick, second by Whitesides to approve Resolutions #2005-BE-5, #2005-BE-6, #2005-
BE-7, and #2005-BE-8 carried unanimously. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Hornady, Second by Pielstick, carried unanimously
to return to Regular Session.
PUBLIC HEARINGS:
Public Hearin!? on Request of H & H Catering. Inc. dba H & H Catering. 700 East Stolley Park Road
for a Class "CK" Liquor License. City Clerk RaNae Edwards reported that H & H Catering, Inc. dba
H & H Catering, 700 East Stolley Park Road had submitted an application with the City Clerk's
Office for a Class "CK" Liquor License. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on August
18, 2005; notice to the applicant of date, time, and place of hearing mailed on August 26, 2005;
notice to the general public of date, time, and place of hearing published on September 3,2005; and
Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Rona Rae Kucera dba The Flight Deck Restaurant. 3773 Sky Park
Road. Suite 5 for a Class "I" Liquor License. City Clerk RaNae Edwards reported that Ronad Rae
Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 had submitted an application
with the City Clerk's Office for a Class "I" Liquor License. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by the
City on August 22,2005; notice to the applicant of date, time, and place of hearing mailed on August
26,2005; notice to the general public of date, time, and place of hearing published on September 3,
2005; and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Edwin D. Bolanos dba La Zona Rosa. 613 West 4th Street for a Class
"C" Liquor License. City Clerk RaNae Edwards reported that Edwin D. Bolanos dba La Zona Rosa,
613 West 4th 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 August 29,2005; notice to the applicant of
date, time, and place of hearing mailed on August 29, 2005; notice to the general public of date, time,
and place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public
testimony was heard.
Public Hearing on Request of Dora. Inc. dba Copas d'Oro Bar. 413 West 4th Street for a Class "C"
Liquor License. City Clerk RaNae Edwards reported that Dora, Inc. dba Copas d'Oro Bar, 413 West
4th 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 August 31, 2005; notice to the applicant of date,
I
I
I
Page 3, City Council Regular Meeting, September 13, 2005
time, and place of hearing mailed on August 31,2005; notice to the general public of date, time, and
place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public
testimony was heard.
Public Hearing on Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist
Church for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend
Road. Craig Lewis, Building Department Director reported that this request was to allow for the
construction of an 80 foot telecommunications tower located at 636 Shady Bend Road for the
broadcast of a low power FM station. Jeff Greer, 514 Shady Bend Road spoke in opposition. No
further public testimony was heard.
Public Hearing on Acquisition of Utility Easements (Heartland Events Center - Fonner Park). Bob
Smith, Assistant Utilities Director reported that acquisition of utility easements located at the
Heartland Events Center at Fonner Park were required in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. These easements would
be used to locate primary electrical cable and a pad-mounted transformer to provide electricity to the
Heartland Events Center. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 1212 Johnstown Road.
(Diamond Plastics) Bud Buettner, Assistant Public Works Director reported that acquisition of a
public utility easement located at 1212 Johnstown Road was required in order to have access to
install, upgrade, maintain, and repair public utilities. The easement would be used for sanitary sewer
service to Diamond Plastics. No public testimony was heard.
Public Hearing on Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley Avenue.
(Abundant Life Christian Church) Bud Buettner, Assistant Public Works Director reported that
acquisition of a sanitary sewer easement located at 3411 W. Faidley Avenue was required in order to
have access to install, upgrade, maintain, and repair public utilities. The easement would be used to
extend sanitary sewer from the existing sanitary sewer main on west North Front Street west of
Webb Road to the church on Faidley. No public testimony was heard.
Public Hearing on General Property. Parking District #2 (Ramp), and Community Redevelopment
Authority Tax Request. David Springer, Finance Director reported that state statutes requires the City
to conduct a public hearing if the property tax request changes from one year to the next. Property tax
request for the general property tax was $5,212,064, Parking District No.2 at $13,000, and the
Community Redevelopment Authority property tax at $492,540. 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:
#9001 - Consideration of Assessments for Business Improvement District #3
#9002 - Consideration of Assessments for Business Improvement District #4
#9003 - Consideration of Assessments for Business Improvement District #5
#9004 - Consideration of Amending Chapter 13 of the Grand Island City Code Relative to
Downtown Improvement and Parking District No. 1 Taxes
#9005 - Consideration of Amending Chapter 21 of the Grand Island City Code Relative to
Recreational Vehicles and Mobile Home Parks
I
I
I
Page 4, City Council Regular Meeting, September 13, 2005
#9006 - Consideration of Assessments for 2004 Weed Abatement Program
#9007 - Consideration of Vacating Right of Way at 722 East ih Street
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.
David Springer, Finance Director stated Ordinances #9001, #9002, and #9003 related to the action
taken earlier during the Board of Equalization. Ordinance #9004 set the tax rate for the FY 2005-
2006 budget.
Craig Lewis, Building Department Director reported that Ordinance #9005 would amend the City
Code to allow for a reduction in the amount of space provided by Manufactured Home Parks when
providing recreational vehicle spaces.
Doug Walker, City Attorney stated Ordinance #9006 related to the action taken earlier during the
Board of Equalization.
Bud Buettner, Assistant Public Works Director reported that Ordinance #9007 would vacate excess
right-of-way along 7th Street in front of 722 East 7th Street retaining an easement for an existing
water main.
Motion by Pielstick, second by Whitesides to approve Ordinances #9001, #9002, #9003, #9004,
#9005, and #9006.
City Clerk: Ordinances #9001, #9002, #9003, #9004, #9005, and #9006 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 #9001, #9002, #9003, #9004, #9005, and #9006 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 #9001, #9002, #9003, #9004, #9005, and #9006 are declared to be lawfully adopted upon
publication as required by law.
Motion by Walker, second by Whitesides to approve Ordinance #9007.
City Clerk: Ordinance #9007 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, Gilbert,
Nickerson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick abstained.
Motion adopted.
City Clerk: Ordinance #9007 on final passage. All those in favor of the passage of this ordinance on
final passage, answer roll call vote. Upon roll call vote, Councilmember's Meyer, Whitesides,
Gilbert, Nickerson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick
abstained. Motion adopted.
Page 5, City Council Regular Meeting, September 13, 2005
I
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9007 is declared to be lawfully adopted upon publication as required by law.
CONSENT AOENDA: Consent items 0-9, 0-18, 0-26, 0-29, and 0-30 were pulled for further
discussion. Motion by Homady, second by Nickerson to approve the Consent Agenda excluding
items 0-9, 0-18, 0-26, 0-29, and 0-30. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of August 23. 2005 City Council Regular Meeting.
Approving Request of H & H Catering. Inc. dba H & H Catering. 700 East Stolley Park Road for a
Class "CK" Liquor License.
Approving Request of Donita Hagemeier. R. R. !. Box 190 East Hwy. 70. Arcadia. Nebraska for
Liquor Manager Designation for H & H Catering. 700 East Stolley Park Road.
Approving Request of Ron a Rae Kucera dba The Flight Deck Restaurant. 3773 Sky Park Road. Suite
5 for a Class "I" Liquor License.
Approving Request of Edwin D. Bolanos dba La Zona Rosa. 613 West 4th Street for a Class "C"
Liquor License.
I
Approving Request of Dora. Inc. dba Copas d'Oro Bar. 413 West 4th Street for a Class "C" Liquor
License.
Approving Request of Mateo Martinez. 11 0 West 11 th Street for a Liquor Manager Designation for
Copas d'Oro Bar. 413 West 4th Street.
Approving Request of Matthew Carr. 3720 West State Street for Liquor Manager Designation for
Old Chicago. 3404 West 13th Street.
Approving Preliminary Plat for Kaaar Subdivision.
#2005-244 - Approving Final Plat and Subdivision Agreement for Luzenac Fourth Subdivision. It
was noted that the County of Hall, owner had submitted the final plat for Luzenac Subdivision for the
purpose of re-subdividing lot 1 Luzenac Third Subdivision into 2 lots.
#2005-245 - Approving Final Plat and Subdivision Agreement for Northview Second Subdivision. It
was noted that Melvin & Dorothy Zichek, owners had submitted the final plat for Northview Second
Subdivision for the purpose of creating 21 lots on a parcel of land located in the E 1/2 NE 1/4 Section
2-11-10.
#2005-246 - Approving Annexation Plan for Properties Located South of Case New Holland. West
of US Highway 281 and South of Sandra Road and East of South Locust Street and Scheduling
Public Hearing.
I #2005-247 - Approving Acquisition of Utili tv Easements (Heartland Events Center - Fonner Park).
I
I
I
Page 6, City Council Regular Meeting, September 13, 2005
#2005- 248 - Approving Appointment of Tim Luchsinger as Board Member from the City of Grand
Island Utilities Department to the Public Power Generation Agency.
#2005-249 - Approving Extension of Interlocal Agreement with Hall County School District No. 40-
002 for School Resource Officers and Crossing Guards.
#2005-250 - Approving Certificate of Final Completion with The Diamond Engineering Company of
Grand Island. Nebraska for Street Improvement Proiect 2005-P-l. Claude Road between Old
Highway 30 and New Highway 30.
#2005-252 - Approving Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley
Avenue (Abundant Life Church).
#2005-253 - Approving Changing the Name of the Beltline HikefBike Trail to the John Brownell
Hike/Bike Trail.
#2005-254 - Approving Change Order No.1 to the Contract with Rathman & Manning Corp. of
Chapman. Nebraska for an increase of $650.00 and a Revised Contract Amount of $105.050.00.
#2005-255 - Approving Change Order No. 1 to the Contract with The Diamond Engineering
Company of Grand Island. Nebraska for Sanitary Sewer District Nos. 510 and 514: American
Independence Subdivision. Western Heights Fourth and Fifth Subdivisions. and Bockman
Subdivision for an increase of$3.180.60 and a Revised Contact Amount of$355.237.75.
#2005-256 - Approving Certificate of Final Completion with The Diamond Engineering Company of
Grand Island. Nebraska for Sanitary Sewer District Nos. 510 and 514: American Independence
Subdivision. Western Heights Fourth and Fifth Subdivisions. and Bockman Subdivision.
#2005-257 - Approving Bid Award for Concrete Ditch Lining Between Arizona and Nevada from
Independence to East of Idaho: 2005-D-2 with The Diamond Engineering Company of Grand Island
in an Amount of $48.234.75.
#2005-258 - Approving Down Payment Assistance Program Subordination Agreement. (David M.
Job)
#2005-260 - Approving Annual Agreements for Operating System and Database Administration: and
Licensing and Support with MUNIS of$18.063.90 and $68.298.43 respectively.
#2005-261 - Approving Changes to Parking Restrictions on the North Side of 3rd Street West of Oak
Street: in Front of the Senior Center.
#2005-264 - Approving Certificate of Final Completion for the Transfer Station Storage Building
with Rathman-Manning Corp. of Chapman. Nebraska.
Approving Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist Church
for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend Road.
Craig Lewis, Building Department Director answered questions of where the tower would be located.
I
I
I
Page 7, City Council Regular Meeting, September 13, 2005
Motion by Nickerson, second by Meyer to approve the request of Pastor D. Randolph Brehms for a
Conditional Use Permit. Upon roll call vote, all voted aye. Motion adopted.
#2005-251 - Approving Acquisition of Utility Easement at 1212 Johnstown Road (Diamond
Plastics). Bud Buettner, Assistant Public Works Director answered questions concerning
contaminants going into the sewer system.
Motion by Meyer, second by Gilbert to approve Resolution #2005-251. Upon roll call vote,
Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Homady, Walker, and Haase
voted aye. Councilmember Pauly voted no. Motion adopted.
#2005-259 - Approving Heartland Family Visitation Center MOU Revision and Grant Extension
Request. Discussion was held regards to the Safe Havens grant funds and the size of the building.
Motion by Homady, second by Pielstick to approve Resolution #2005-259. Upon roll call vote, all
voted aye. Motion adopted.
#2005-262 - Approving Continuation of Sanitary Sewer No. 519. Lots 10 through 21 Westwood
Park Second Subdivision.
#2005-263 - Aooroving Discontinuation of Sanitary Sewer No. 520. Lots 1 through 18 and Lots 29
through 47 Westwood Park Subdivision.
Discussion was held regarding Resolutions #2005-262 and #2005-263 and the costs of the sewer
districts and the pay back from 10 to 20 years.
Motion by Homady, second by Nickerson to approve Resolutions #2005-262 and #2005-263. Upon
roll call vote, all voted aye. Motion adopted.
REOUESTS AND REFERRALS:
Consideration of Request from Ray and Dianne Stahla to Amend Mobile Home Park Plan for Stahla
Mobile Home Park Located in the 2200 Block of South Engleman Road. Craig Lewis, Building
Department Director reported that this request was to modify the park plan for Stahla Mobile Home
Park. Mr. & Mrs. Stahl a requested the addition of two additional recreational vehicle sites on lots 59
and creating four new recreational vehicle spaces on lot 58.
Motion by Homady, second by Walker to approve the request from Mr. & Mrs. Stahla. Upon roll call
vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2005-265 - Approving General Property. Parking District #2 (Ramp). and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported this item referred
to the aforementioned Public Hearing.
Motion was made by Pielstick, second by Walker to approve Resolution #2005-265. Upon roll call
vote, all voted aye. Motion adopted.
I
I
I
Page 8, City COIUlciI Regular Meeting, September 13, 2005
#2005-266 - Consideration of Resolution Supporting Enabling Legislation for the Creation of a
Storm Water Funding Mechanism. Bud Buettner, Assistant Public Works Director reported that the
City of Grand Island had been designated as a National Pollutant Discharge Elimination System
(NPDES) Phase II Storm Water community. An application for a storm water permit had been
submitted to the NDEQ which would require the city to develop a Storm Water Management
Program (SWMP). As this was an un-funded federal mandate with an estimated cost of over
$300,000 proposed "enabling" legislation would allow a municipality to decide at the local level how
to fund the SWMP.
Motion by Hornady, second by Pielstick to approve Resolution #200-266. Upon roll call vote, all
voted aye. Motion adopted.
PA YMENT OF CLAIMS:
Motion by Hornady, second by Haase to approve the Claims for the period of August 24, 2005
through September 13, 2005, for a total amount of $4,180,446.76. Motion adopted unanimously.
Councilmember Pauly abstained from voting on claim #108056.
ADJOURNMENT: The meeting was adjourned at 8:15 p.m.
-RJl~W~
RaNae Edwards
City Clerk