01/13/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 13,2004
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 January 13,2004. Notice of the meeting was given in the Grand Island Independent on
January 7, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nicerkson, Cornelius, Pauly,
Hornady, Walker and Haase. The following City Officials were present: City Administrator Gary
Greer, City Clerk RaNae Edwards, Finance Director David Springer, Assistant Public Works
Director Bud Buettner, and City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Youth Minister
Brian Pielstick, Independent Bethel Baptist Church, 1223 East 6th Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek mentioned that the Quad City Mayor's
Conference would be held on January 21, 2004 and the Council Retreat on February 21, 2004.
Also mentioned were the following deadlines for filing for office: Incumbent deadline February
15, 2004 and Non-incumbent deadline March 1, 2004. It was noted that Councilmember
Margaret Hornady had filed for re-election. Mayor stated that the council would meet on March
9, 2004 for a Study Session even though the Chamber of Commerce Annual Banquet was that
same night.
PUBLIC HEARINGS:
Public Hearing on Request of Chicken Coop of Grand Island, Inc. dba Chicken Coop Sports Bar
and Grill, 120 East 3rd Street, for Class "c" Liquor License. City Clerk RaNae Edwards reported
that Chicken Coop of Grand Island, Inc. dba Chicken Coop Sports Bar and Grill, 120 East 3rd
Street had submitted an application with the City Clerk's Office for a Class "c" Liquor License
which allows for the sale of alcoholic beverages on and off sale within the corporate limits of the
City of Grand Island. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on December 24, 2003;
notice to applicant of date, time, and place of hearing mailed on December 24, 2003; notice to
the general public of date, time, and place of hearing published on January 3, 2004; Chapter 4 of
the City Code. No public testimony was heard.
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Page 2, City Council Regular Meeting, January 13,2004
Public Hearing on Request of Emil Schaaf on Behalf of Werner Construction for Conditional
Use Permit Located at 5588 South Engleman Road for Gravel Dredging and Aggregate
Stockpiling. Craig Lewis, Building Depmiment Director reported that Emil Schaaf on behalf of
Werner Construction, Hastings, Nebraska, had submitted an application with the City Clerk's
Office for a Conditional Use Permit for gravel dredging and aggregate stockpiling located at
5588 South Engleman Road. The property was currently zoned AG-Agricultural Zone and as
such, an operation of a sand and gravel pit and accessory uses were allowed only if approved by
the City Council in the form of a conditional use permit. The existing operation had the approval
of the Hall County Board in the form of a conditional use permit approved on July 11, 2000.
Because part of the property was within the two mile zoning jurisdiction of the City of Grand
Island and the applicants had requested modifications to the existing approval it was required
that the City approve the modifications in a new permit. Richard Ray, Hastings, Nebraska
representing Werner Construction spoke in suppOli. Bill Carson, 5575 South Engleman Road
spoke in opposition and submitted a petition with approximately 50 signatures from residents in
the area. Alan Hult, 4262 West Wildwood Drive also spoke in opposition. No further public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on the East Side of North Road at
Manchester Road. (Johnson and Johnson, Inc.) Gary Mader, Utilities Director, reported that
acquisition of a utility easement located on the east side of North Road at Manchester Road, was
required in order to have access to install, upgrade, maintain, and repair power appurtenances.
This easement would be used for an anchor and down guy to hold the overhead line going west
from this location. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on the East Side of North Road at
Manchester Road. (Good Hitters, Inc.) Gary Mader, Utilities Director, reported that acquisition
of a utility easement located on the east side of North Road at Manchester Road, was required in
order to have access to install, upgrade, maintain, and repair power appurtenances. This
easement would be used to construct an overhead three-phase line to serve the property. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 527 North Diers Avenue.
(Encinger Properties It L.L.c.) Gary Mader, Utilities Director, reported that acquisition of a
utility easement located at 527 North Diers Avenue, was required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement would be used to
locate a new pad-mounted transformer to serve a new building at this location. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at Midaro Drive and U.S. Highway
34. (Ryan and Lisa Crouch) Gary Mader, Utilities Director, reported that acquisition of a utility
easement located on the east side of Midaro Drive and north of U.S. Highway 34, was required
in order to have access to install, upgrade, maintain, and repair power appmienances. This
easement would be used to serve an upgraded overhead power line to serve a new home. No
public testimony was heard.
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Page 3, City Council Regular Meeting, January 13,2004
Public Hearing on Acquisition of Utility Easement Located at 3356 North Gunbarrel Road.
(Herman, Robin, and Janet Elstermeier) Gary Mader, Utilities Director, reported that acquisition
of a utility easement located at 3356 North Gunbarrel Road, was required in order to have access
to install, upgrade, maintain, and repair power appurtenances. This easement would be used for a
relocated overhead power line. No public testimony was heard.
ORDINANCES:
Motion by Pielstick, second by Hornady, to approve Ordinance #8884 on Second Reading.
#8884 - Consideration of Annexation of Property Located at 2860 East Bismark Road
Upon roll call vote, all voted aye. Motion adopted.
Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read
by title on three different days be suspended and that ordinance numbered:
#8885 - Consideration of Amendment to the Salary Ordinance Relative to City
Administrator
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 Haase
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in this Ordinance? No testimony was heard.
City Clerk: Ordinance #8885, 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 #8885, on final passage. All those in favor of the passage ofthis 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
#8885 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: Items G-ll and G-24 were pulled from the Consent Agenda for further
discussion. Item G-22 was pulled from the agenda at the request of the Finance Department.
Motion by Cornelius, second by Pielstick, to approve the Consent Agenda excluding items G-ll,
G-24, and G-22. Upon roll call vote, all voted aye. Motion adopted.
Receipt of Official Document - Tort Claim filed by Luis Gutierrez.
Approving Minutes of December 23,2003 City Council Regular Meeting.
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Page 4, City Council Regular Meeting, January 13,2004
Approving Minutes of January 6, 2004 City Council Study Session. Councilmember Whitesides
abstained.
Approving Appointment of Doug Jensen to the Animal Advisory Board.
Approving Appointment of Dehn Renter to the Economic Development Program Citizens'
Review Committee.
Approving Appointments of Shawn Messersmith, Chad Johnson, Pat Bittner, and Bruce Kleint to
the Electrical Board and Dean Mathis and Craig Lewis as Ex-Officio Members.
Approying Appointments of Norm Nietfeldt, Mike McElroy, and Loren Peterson to the Gas
Fitters and Appliance Installers Board and David Scoggins and Craig Lewis as Ex-Officio
Members.
Approving Appointments of Larry Callahan, Robert Luther, Eric Rose, and Jennifer Herman to
the Plumbers Examining Board and David Scoggins as Ex-Officio Member.
Approving Request of Chicken Coop of Grand Island, Inc. dba Chicken Coop Sports Bar and
Grill, 120 East 3rd Street, for a Class "c" Liquor License.
Approying Request of Dean Pegg, #28 Redwood Drive, Kearney, Nebraska, for Liquor Manager
Designation for Chicken Coop Sports Bar and Grill, 120 East 3rd Street.
#2004-1 - Approving Acquisition of Utility Easement Located on the East Side of North Road at
Manchester Road. (Johnson and Johnson, Inc.)
#2004-2 - Approving Acquisition of Utility Easement Located on the East Side of North Road at
Manchester Road. (Good Hitters, Inc.)
#2004-3 - Approying Acquisition of Utility Easement Located at 527 North Diers Avenue.
(Encinger Properties It L.L.c.)
#2004-4 - Approying Acquisition of Utility Easement Located East of Midaro Drive and North
of U.S. Highway 34. (Ryan and Lisa Crouch)
#2004-5 - Approying Acquisition of Utility Easement Located at 3356 North Gunbarrel Road.
(Herman, Robin, and Janet Elstermeier)
#2004-6 - Approving Bid Award for Coal Handling and Machine Room Roof Replacement with
Weathercraft Company of Grand Island, Nebraska in an Amount of $69,447.00.
#2004-7 - Approving Change Order #1 for Platte River Pumping Station No. 3 Replacement
with Kay ton Electric of Grand Island, Nebraska for an Increase of $9,184.89 and a Revised
Contract Amount of $136,684.89.
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Page 5, City Council Regular Meeting, January 13,2004
#2004-8 - Approving Bid Award for Street Improvement District No, 1245, James Road with the
Diamond Engineering Company of Grand Island, Nebraska in an Amount of$99,481.35.
#2004-9 - Approving Interlocal Cooperative Agreement for Victim Witness Services with Hall
County.
#2004-10 - Approving Bid Award for Underground Electrical Lines at the Former Cornhusker
Army Ammunition Plant with Southern Public Power District in the Amount of$23,014.00.
#2004-12 - Approving Intent to Annex, Adoption of Annexation Plan, and Schedule Public
Hearing for Property Located on the Southeast Comer of the Intersection of Highway 34 and
South Locust Street.
Approving Request of Emil Schaaf on Behalf of Werner Construction for Conditional Use
Permit Located at 5588 South Engleman Road. Motion was made by Hornady, second by Walker
to approve the request for Conditional Use Permit. Discussion was held with regards to trucks
traveling north past the Cedar Hollow School and safety issues, the storing of asphalt millings,
noise, hours of operation, and the 300' setback recommended by the Building Department. Craig
Lewis, Building Department Director explained the permit issued by Hall County and the fact
that this operation would continue even if the City denied this request.
Richard Ray, Hastings, Nebraska representing Werner Construction spoke with regards to some
trucks traveling north past the school, but stated most traveled south. Bill Carson, 5575 South
Engleman Road commented on safety issues and wear to the road. Enforcement issues were
discussed briefly.
Motion was made by Nickerson to amend the original motion to include the following
recommendations from the Building Department:
1. The applicant apply for and receive a Flood Plain Development Permit from the
Building and Regional Planning Departments.
2. No storage of material or any change in the existing grade elevations shall occur
in the designated Floodway Boundary Area as identified on the Floodway
Boundary and Floodway Map for Hall County, issued by the Federal Emergency
Management Agency dated September 29, 1986.
3. A minimum setback of 300 feet shall be provided adjacent to the public street
right of ways along Guenther and Engleman roads to provide for vehicular safety
and future development. Existing areas already pumped shall be filled in to
accommodate this setback at the completion of the dredging operation, no new
pumping shall occur within the 300 foot setback.
Motion died due to lack of a second.
Motion was made by Hornady, second by Gilbert to refer this issue to a Study Session. Upon roll
call vote, Councilmembers Meyer, Pielstick, Gilbert, Cornelius, Pauly, Hornady, and Haase
voted aye. Councilmembers Whitesides, Nickrson, and Walker voted no. Motion adopted.
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Page 6, City Council Regular Meeting, January 13,2004
#2004-13 - Approving Dedicated Parking Stalls in the Public Parking Lot at South Front and
Walnut Streets and at the Chamber Lot. City Attorney Doug Walker reported that ProCon
Development and Jim Beltzer, President of the Old Sears Development Inc. were in the process
of submitting a response to a request for proposals from the Nebraska Department of Health and
Human Services for office space. Part of the response to this request was providing the
Department with assurance that there would be adequate parking.
The Downtown Improvement board for BID #5 had reviewed the requests of each developer and
was recommending that the City Council pass a resolution that woulod assure that adequate
dedicated parking would be available if either developer submitted the successful proposal.
Wells Fargo Bank currently had dedicated spaces for which they paid a monthly rental so there
was precedent for dedicated parking in the downtown area. If either developer was successful in
obtaining the NHHS lease a fee would be charged for the dedicated parking as set forth in the
resolution.
Cindy Johnson, President of the Chamber of Commerce spoke with regards to the downtown
assessments, parking lots, parking needs, and current use of the parking lots. Bruce Schreiner
representing Procon regarding NHHS requirements. Tom O'Neill, 804 Stolley Park Road spoke
in support but mentioned concerns about prices being consistent with the parking ramp and other
designated parking areas.
Motion by Pielstick, second by Walker to approve Resolution #2004-13. Upon roll call vote,
Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Homady,
and Haase voted aye. Councilmember Walker voted no. Motion adopted.
#2004-11 - Approving Bid Award for Copiers/Printers/Scanners for City Hall. This item was
removed from the Agenda at the request of the Finance Department.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase, carried unanimously to approve the Claims for the period
of December 24, 2003 through January 13, 2004, for a total amount of $2,895,536.11. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Q[\~ WW~
RaNae Edwards
City Clerk