12/06/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 6, 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 December 6,2005. Notice of the meeting was given in the Grand Is/and Independent
on November 30, 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, Cornelius, Pauly, Hornady,
Walker, and Haase. Councilmember Nickerson 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 Father Richard Piontkowski, St. Mary's Catholic Church, 204
South Cedar Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek thanked Jason and Barbara Carter for donating
this year's Christmas Tree. Olivia Exstrum from Wasmer Elementary School read her essay on
"Good Reasons to Live in Grand Island". Also present were Mrs. Susan Francis, 5th Grade
Teacher from Wasmer Elementary School, parents Brian and Amy Exstrum, and brother Charlie.
Councilmember Pielstick extended an invitation to the public for the Grand Generation Senior
Center open house to be held on Sunday, December 11,2005.
CITY COUNCIL REORGANIZATION:
Approving Minutes of November 22, 2005 City Council Regular Meeting. Motion by Hornady,
second by Walker, carried unanimously to approve.
Election of City Council President. Mayor Vavricek reported that the City Council was required
to elect one Council member to the office of Council President for a term of one year and that the
Council President automatically assumed the duties of the Mayor in the event that the Mayor was
absent or otherwise unable to fulfill his duties. Councilmember Pielstick nominated
Councilmember Meyer. Councilmember Cornelius nominated Councilmember Hornady. Motion
by Whitesides, second by Gilbert that nominations cease. Upon roll call vote, all voted aye.
Motion adopted.
City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember
Hornady had received 5 votes and Councilmember Meyer had received 4 votes. Mayor Vavricek
declared Councilmember Hornady the Council President for 2006.
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Page 2, City Council Regular Meeting, December 6, 2005
Motion was made by Whitesides, second by Gilbert to make the vote a unanimous one for
Council member Hornady as City Council President. Upon roll call vote, all voted aye. Motion
adopted.
PUBLIC HEARINGS:
Public Hearing on Request of Rod Hooker with Hooker Brothers Construction Company for a
Conditional Use Permit for Sand & Gravel Operation Located within the 500 Block of South
Gunbarrel Road on the Nl/2 of the SWl/4 and NWl/4 of the SEl/4 of Section 18-11-8 Merrick
County. Craig Lewis, Building Department Director reported that Rod Hooker from Hooker
Brothers Construction requested a conditional use permit for the above referenced location in
Merrick County and within the City of Grand Island's two mile jurisdiction. Mr. Lewis
recommended approval with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
2). CLOSURE: A drawing of the proposed development of the property after the closing of the
sand and gravel operation has been provided along with the application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b ).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained between the pumping
operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours
(15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No
pumping or other processing activities shall be permitted on Sundays or from fifteen minutes
after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the
months of March, April, October, and November activities may operate from 6:00a.m. to
W:OOp.m.to allow for winter condition. The second exception shall be that trucking of the
product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
"hospital grade muffler" designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. No
product, material or equipment shall be stored within any easement or in such a manor that it
would violate any safety provisions of the National Electric Safety Code.
(t). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
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Page 3, City Council Regular Meeting, December 6, 2005
(b). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over and
across any public highway or road unless said sand and gravel is complete dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from leaking
onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
(I). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational.
Jeff Hooker, 3615 Palomino Place and Rod Hooker, representing Hooker Brothers Sand &
Gravel spoke in support. Chuck Witter, 333 Gunbarrel Road, Bob Plummer, 535 Gunbarrel
Road, and Cindy Pfeifer, 406 Gunbarrel Road spoke in opposition. No further public testimony
was heard.
Public Hearing on Acquisition of Utility Easement Located at 3312 West Stolley Park Road.
(Dinsy.LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at 3312 West Stolley Park Road was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The purpose of this
easement would be to place underground primary electrical cable and a pad-mounted transformer
to provide electrical service to Dinsdale's expanded body shop. No public testimony was heard.
Public Hearing on Acquisition of Utility Easements Located a Along the West Line of the
Parking Lot of Wal-Mart South - US Highway 34 and South Locust Street. (Wal-Mart Real
Estate Business Trust and Wal-Mart Stores. Inc.) Gary Mader, Utilities Director reported that
acquisition of two utility easements located along the west line of the parking lot of Wal-Mart
South - US Highway 34 and South Locust Street were needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
purpose of this easement would be to place electrical cable and a pad-mounted transformer to
provide service to a new fueling station. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 803 East 9th Street. (Starostka
Group Unlimited. Inc.) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 803 East 9th Street was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The purpose of this
easement would be to provide a clean bill of sale for the owner, the two feet on the east portion
of the easement on Lot 3 would be vacated. To maintain 20 feet of total easement, a two foot
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Page 4, City Council Regular Meeting, December 6, 2005
easement would be dedicated from Lot 2 (803 East 9th Street). The overhead electrical line would
remain in place with no changes. No public testimony was heard.
Public Hearing on Community Development Block Grant Economic Development Project. Chad
Nabity, Regional Planning Director reported that the City of Grand Island is requesting $255000
to $505,000 from the Nebraska Department of Economic Development of which $250,000 to
$500,000 would be loaned to Project Cottonwood for activities associated with the start up of a
transportation - logistics center. The remaining $5,000 would be retained by the City for audit
and administrative expenses associated with the grant. 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 ordinance numbered:
#9020 - Consideration of Vacating Utilities Easement Located at 805 East 9th Street -
Starostka Group Unlimited, Inc.
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 Gilbert
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director reported Ordinance #9020 related to the previous public
hearing regarding a utility easement located at 803 East 9th Street.
Motion by Pielstick, second by Hornady to approve Ordinance #9020.
City Clerk: Ordinance #9020 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 #9020 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 #9020 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approving Council member Appointments to the following Boards and Commissions:
Building Code Advisory Board: Bob Meyer
Business Improvement District #3: Fred Whitesides
Business Improvement District #4: Fred Whitesides
Business Improvement District #5: Jackie Pielstick
City/County Communications/Civil Scott Walker, Don Pauly,
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Page 5, City Council Regular Meeting, December 6, 2005
Defense Committee:
City/County Efficiency Effectiveness:
Committee
Community Development Advisory Board:
Community Redevelopment Authority:
Fire Station #l/Training:
GI Area Economic Development Corp.
Humane Society:
Library Board:
Library Facility Committee:
Multi-Cultural Coalition:
Problem Resolution Team:
Regional Planning Commission:
Bob Meyer
Margaret Hornady &
Mitch Nickerson
Jackie Pielstick
Margaret Hornady
Bob Meyer
Peg Gilbert
Bob Meyer & Don Pauly
Margaret Hornady
Margaret Hornady
Carole Cornelius
Jackie Pielstick
Joyce Haase &
Mitch Nickerson
Systems Information Advisory Committee
(City/County)
Transportation Committee:
Mitch Nickerson
Don Pauly
Approving the Appointments of Larry Seney, Elio Castillo, Bob Bennett, and Bob Ranard to the
Electrical Board and Dean Mathis and Craig Lewis as Ex-Officio Members.
Approving the Re-Appointments of Norm Nietfeldt. Mike McElroy, Loren Peterson to the Gas
Fitters and Appliance Installers Board and David Scoggins and Craig Lewis as Ex-Officio
Members.
Approving the Re-Appointments of Larry Callahan. Eric Rose, Robert Luther, and Jennifer
Herman to the Plumbers Examining Board and David Scoggins as Ex-Officio Member.
Approving Re-Appointment of Kurt Haecker to the City/County Efficiency Effectiveness
Committee.
#2005-338 - Approving Bid Award for One (1) 2006 Ford E-450 Type III Class 1 Ambulance
with Midwest Vehicle Professionals, Inc. of York, Nebraska in an Amount of$133,953.00.
#2005-339 - Approving Acquisition of Utility Easement Located at 3312 West Stolley Park
Road. (Dinsy. LLC)
#2005-340 - Approving Acquisition of Utility Easements Located Along the West Line of the
Parking Lot of Wal-Mart South - US Highway 34 and South Locust Street. (Wal-Mart Real
Estate Business Trust and Wal-Mart Stores, Inc.)
#2005-341 - Approving Acquisition of Utility Easement Located at 803 East 9th Street.
(Starostka Group Unlimited. Inc.)
#2005-342 - Approving Safety Glass Contract for Utilities. Public Works and Parks and
Recreation departments for 2006-2008 with Eyecare Professionals/Grand Island Optical of
Grand Island. Nebraska.
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Page 6, City Council Regular Meeting, December 6, 2005
#2005-343 - Approving FTE Amendment.
#2005-344 - Approving Community Development Block Grant Economic Development Proiect.
#2005-345 - Approving Change Order NO.1 for Sanitary Sewer Project 2004-S-12; Heartland
Events Center at Fonner Park with The Diamond Engineering Company of Grand Island,
Nebraska for an Increase of $6,500.67 and a Revised Contract Amount of$7L450.77.
#2005-346 - Approving Certificate of Final Completion for Sanitary Sewer Proiect 2004-S-12;
Heartland Events Center at Fonner Park with The Diamond Engineering Company of Grand
Island. Nebraska.
#2005-347 - Approving Bid Award for One (1) 26,000 GVW Salt/Sand Truck with Hansen
International Truck, Inc. of Grand Island, Nebraska in an Amount of $49.634. 75.
REQUESTS AND REFERRALS:
Consideration of Request from Rod Hooker of Hooker Brothers Construction for Conditional
Use Permit for Sand & Gravel Operation Along Gunbarrel Road. Discussion was held by
Council regarding the hours of operation, location of operation which will start on the east end of
the property and work their way west, traffic concerns, and the time frame this sand and gravel
operation would be used. Mr. Hooker stated they were looking at a 15 to 20 year operation
possibly longer depending on the supply of gravel in the area.
Motion by Pielstick, second by Gilbert to approve the request from Hooker Brother Construction
for a Conditional Use Permit along Gunbarrel Road. Upon roll call vote, all voted aye. Motion
adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Whitesides to approve the Claims for the period of November
23, 2005 through December 6, 2005, for a total amount of $4,307,601.74. Motion adopted
unanimously.
ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
QJ\~ill~
RaNae Edwards
City Clerk