06/08/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 8, 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 June 8, 2004. Notice of the meeting was given in the Grand Island Independent on
June 2, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Gilbert, Nicerkson, Cornelius, Pauly, Hornady,
Walker, and Haase. Councilmember Pielstick 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.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Evangelist
Gary Bennett, Stolley Park Church of Christ, 2822 West Stolley Park Road.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Eight individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on the death of President Ronald
Reagan and the funeral service that would be held on Friday, June 11,2004. Also mentioned was
that City Hall would be open for business as usual on Friday.
PUBLIC HEARINGS:
Public Hearing on Request of Emil Schaaf/Werner Construction for a Conditional Use Permit for
Sand and Gravel Operations Located at 5588 South Engleman Road. Craig Lewis, Building
Department Director reported that Emil Schaaf and Werner Construction had submitted a request
for the continued use of a sand and gravel operation located at 5588 South Engleman Road. Mr.
Lewis stated that Hall County Board had approved Resolution #00-0063 which set conditions of
operation for the facility. Pat O'Hara, 5387 Engleman Road spoke in support. No further public
testimony was heard.
Public Hearing on Request of Hooker Bros. Sand & Gravel for Conditional Use Permit for Sand
and Gravel Operation Located at 3860 South Locust Street. Craig Lewis, Building Department
Director reported that Hooker Bros. Sand & Gravel, Inc. had submitted a request for the
continued use of a sand and gravel operation located at 3860 South Locust Street. Mr. Lewis
stated that the original request was approved by City Council on May 23, 1994 for a period of
ten years. Explained were the conditions recommended by city administration. Ron Depue,
Attorney for Hooker Bros. Sand & Gravel and Jeff Hooker, 3615 Palamino Place spoke in
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Page 2, City Council Regular Meeting, June 8, 2004
support. Ken Clausen, 3050 W. Guenther Road commented on drainage concerns, but was not
against the permit. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located 1/4 Mile North of Stuhr Road and
Highway 34. (Scott and Mary Sahling) Gary Mader, Utilities Director reported that acquisition
of a utility easements located 1/4 mile north of Stuhr Road and Highway 34 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 construct a single phase high voltage
overhead line to a new home to be built by the Sahling family. No public testimony was heard.
ORDINANCES:
Councilmember Whitesides made the motion that the statutory rules requiring ordinances to be
read by title on three different days be suspended and that ordinances numbered:
#8907 - Consideration of Vacation of Utility Easement Located at 1850 Union Road.
(Livengood Second Subdivision)
#8913 - Consideration of Vacating Right of Way and Utility Easement Along Wilmar
Avenue within Martin's Second Subdivision.
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
Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there anyone in the audience interested in these Ordinances? No public comment was
heard.
City Clerk: Ordinances #8907 and #8913 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 #8907 and #8913 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: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8907 and #8913 are declared to be lawfully passed and adopted upon publication as required by
law.
Motion by Whitesides, second by Hornady to approve Ordinance #8888 on second reading only.
#8888 - Consideration of Annexation of Property Located South of U.S. Highway 34 and
East of South Locust Street - Proposed Wal-Mart South Subdivision an Addition to the
City of Grand Island (Second Reading)
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Page 3, City Council Regular Meeting, June 8, 2004
Upon roll call vote, all voted aye. Motion adopted.
Motion by Whitesides, second by Cornelius, to approve Ordinance #8912 on second reading
only.
#8912 - Consideration of Annexation of Property South of Airport Road and East of
Shady Bend Road being Platted as Frauen Subdivision (Second Reading)
Upon roll call vote, Councilmembers Whitesides, Nickerson, Cornelius, Pauly, Hornady,
Walker, and Haase voted aye. Councilmembers Meyer and Gilbert voted no. Motion adopted.
CONSENT AGENDA: Items G-7 and G-19 were removed from the Consent Agenda. Motion by
Hornady, second by Gilbert, to approve the Consent Agenda excluding items G- 7 and G-19.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 25, 2004 City Council Regular Meeting.
Approving Minutes of June L 2004 City Council Study Session. Councilmember Nickerson
abstained.
Approving Appointment of Ann Marsh to the Central District Health Department Board.
Approving the Appointments of Police Chief Kyle Hetrick, Police Captain Robert Falldorf,
Sheriff Jerry Watson, City Administrator Gary Greer, County Board Supervisor Pam Lancaster,
Steve Lamken from the Law Enforcement Training Center, Chief Deputy Chris Rea from the
Hall County Sheriff's Department. Emergency Management Director Howard Maxon, and
Mayor Jay Vavricek to the Law Enforcement Committee. County Board Supervisor Jim Ericksen
was appointed as an alternate.
Approving the Appointments of Fire Chief Jim Rowell, Fire Operations Division Chief Curt
Rohling, Fire Training Division Chief Troy Hughes, Councilmember Bob Meyer, City
Administrator Gary Greer, and Citizen Representative Duane Donaldson to the Fire
Station/Training Committee. Councilmember Myer abstained.
Approving the Appointments of Library Director Steve Fosselman, Councilmember Margaret
Hornady, City Attorney Doug Walker, Executive Assistant Paul Briseno, Hall County Supervisor
Bob Rye, Library Board Members Michael Kneale and Billie Marvel, and Citizen Representative
Tom Ward to the Library Committee. Councilmember Hornady abstained.
Approving Preliminary Plat for Martin's Second Subdivision.
#2004-131 - Approving Final Plat and Subdivision Agreement for Martin's Second Subdivision.
It was noted that Wilmar Realty, L.L.C. had submitted the final plat for Martin's Second
Subdivision, located north of Potash Highway and west of Webb Road for the purpose of
creating 7 lots.
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Page 4, City Council Regular Meeting, June 8, 2004
#2004-132 - Approving Final Plat and Subdivision Agreement for Brentwood Sixth Subdivision.
It was noted that Grand Island Bickford Cottage, L.L.C. has submitted the final plat for
Brentwood Sixth Subdivision, located south of Wood ridge Blvd. and east of Webb Road for the
purpose of re-subdividing Lot 1 Brentwood Fifth Subdivision into 2 lots.
#2004-133 - Approving Final Plat and Subdivision Agreement for Butterfly Subdivision. It was
noted that Wayne E. Bockman, Personal Representative of the Roy Henry Bockman, Sr. Estate
had submitted the final plat for Butterfly Subdivision, located north of 13th Street and east of
Engleman Road for the purpose of creating 1 lot.
#2004-134 - Approving Final Plat and Subdivision Agreement for JPM Subdivision. It was
noted that Jerry M. and Pamela S. Saber-Miller had submitted the final plat for JPM Subdivision,
located north of Eilenstine Road and east of St. Paul Road for the purpose of re-subdividing Lot
5 Fairacres Subdivision into 6 lots.
#2004-135 - Approving Request of Emil Schaaf/Werner Construction for Conditional Use
Permit for Sand and Gravel Operation Located at 5588 South Engleman Road. Councilmember
Meyer voted no.
#2004-136 - Approving Acquisition of Utility Easement Located 1/4 Mile West and 1/2 Mile
North of Stuhr road and Highway 34 (off of Midaro Drive). (Scott and Mary Sahling)
#2004-137 - Approving Certificate of Final Completion for Downtown Alleys Phase IV, Street
Improvement District No. 1243 and 1244 with the Diamond Engineering Company of Grand
Island, Nebraska and Setting July 13, 2004 for Board of Equalization Hearing for Street
Improvement District No. 1243.
#2004-138 - Approving Continuation of Sanitary Sewer District No. 515, Dale Roush
Subdivision (Indian Acres).
#2004-139 - Approving Change Order No.1 to the Contract for Street Improvement District No.
1245, James Road, Located North of Husker Highway Approximately 950 Feet with the
Diamond Engineering Company of Grand Island, Nebraska for an increase of $1,310.00 and a
Revised Contract Amount of$100,791.35.
#2004-140 - Approving Certificate of Final Completion for Street Improvement District No.
1245, James Road, Located North of Husker Highway Approximately 950 Feet with the
Diamond Engineering Company of Grand Island, Nebraska and Setting July 13, 2004 for Board
of Equalization Hearing.
Approving Request of Hooker Bros. Sand & Gravel for Conditional Use Permit for Sand and
Gravel Operation Located at 3860 South Locust Street. Discussion was held concerning drainage
on the south side of the Hooker Bros. Sand & Gravel operation.
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Page 5, City Council Regular Meeting, June 8, 2004
Motion was made by Whitesides, second by Homady to approve the request for the Conditional
Use Permit. Upon roll call vote, Councilmembers Whitesides, Gilbert, Nickerson, Cornelius,
Pauly, Hornady, Walker, and Haase vote aye. Councilmember Meyer voted no. Motion adopted.
#2004-141 - Approving Interlocal Agreement with Hall County and the City of Grand Island for
Improvements to Schimmer Drive West of U.S. Highway 281. Motion was made by Gilbert,
second by Cornelius to approve Resolution #2004-141. Bruce Swihart, 339 Ponderosa Drive
spoke in support and thanked the council.
Upon roll call vote, all voted aye. Motion adopted.
REQUEST AND REFERRALS:
Request of Pollock Well Drilling for Non-Conforming Use of Land to Rebuild Business. Craig
Lewis, Building Department Director reported that a request was received from Pollock Well
Drilling for a Non-Conforming Use of land located at 2670 N. St. Paul Road to rebuild a
building that was destroyed by fire. Mr. Lewis stated that the Pollock Well Drilling business had
operated at that location for more than 50 years and there were no apparent negative impacts to
the neighborhood.
Motion by Gilbert, second by Hornady to approve the request of Pollock Well drilling for a non-
conforming use of land located at 2670 N. St. Paul Road. Upon roll call vote, all voted aye.
Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Homady, carried unanimously to approve the Claims for the
period of May 26, 2004 through June 8, 2004, for a total amount of $3,126,849.21. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 7:50 p.m.
Respectfully submitted,
Qcft~ ~
RaNae Edwards
City Clerk