10/26/2010 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 26, 2010
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 October 26, 2010. Notice of the meeting was given in The Grand Island Independent
on October 20, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata and
Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk
RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public
Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Alex Wirth and Ashley Bykerk and Board member Darren Sanchez. Mentioned were
the following upcoming CYC events: 3rd Annual Create Your Community Art Contest at the
Conestoga Mall on November 20 and 21 and Art Wall at the Library during the month of
December.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "National Adoption Month" November, 2010. Mayor Hornady proclaimed the
month of November 2010 as "National Adoption Month". Marge Creason and Barb Ernst
representing the Department of Health and Human Services were present to receive the
proclamation.
Recognition of the City of Grand Island for Safety Award. Brenda Sutherland, Human Resources
Director stated that Governor Dave Heineman recently presented the City of Grand Island with
the GO Safety Award at the annual Great Plains Safety and Wellness Conference in Kearney,
Nebraska. The City was recognized for their efforts of its Citywide Safety Committee which
resulted in the City's experience rating dropping from 1.15 in 2008/2009 budget year to .94 in
the 2009/2010 budget year which have a direct impact on insurance premiums paid by the City.
Ms. Sutherland introduced those present representing the City's Safety Committee.
PUBLIC HEARINGS:
Public Hearing on Request from Cases Retail Company dba Casey's General Store #2903,
3428 West Capital Avenue for a Class "B" Liquor License. RaNae Edwards, City Clerk reported
that an application for a Class "B" Liquor License had been received from Casey's Retail
Company dba Casey's General Store #2903, 3428 West Capital Avenue. Ms. Edwards presented
the following exhibits for the record: application submitted to the Liquor Control Commission
and received by the City on October 4, 2010; notice to the general public of date, time, and place
of hearing published on October 16 2010; notice to the applicant of date, time, and place of
Page 2, City Council Regular Meeting, October 26, 2010
hearing mailed on October 4, 2010; along with Chapter 4 of the City Code. Staff recommended
approval contingent upon final inspections. No public testimony was heard.
Public Hearing fora 2010 Economic Development -Community Development Block Grant for
Infrastructure. Chad Nabity, Regional Planning Director reported that a Community
Development Block Grant had been prepared for $935,000 for infrastructure improvements at
the Platte Valley Industrial Park East. This grant would fund City water and sanitary sewer
installation to enhance the Industrial Park for further development. Staff recommended approval.
Marlan Ferguson, 2808 Apache Road spoke in support. No further public testimony was heard.
Public Hearing fora 2010 Tourism Development -Community Development Block Grant. Chad
Nabity, Regional Planning Director reported that a Community Development Block Grant had
been prepared for $110,000 for renovations at the Grand Theatre. The grant would fund Facade
and Lobby renovations to enhance tourism at the theatre. The Grand Theatre would contribute
matching funds of $250,000 to the project. Staff recommended approval. No public testimony
was heard.
Public Hearing on Acquisition of Utility Easement Located between Airport Road and Abbott
Road and East of North Road (Leon Stanczyk). Gary Mader, Utilities Director reported that
acquisition of a utility easement located between Airport and Abbott Roads and between North
and Webb Roads was needed in order for construction a 115 kV transmission interconnection to
the north of the City. The negotiated price of the easement was $3,230.00. Staff recommended
approval. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#9277 -Consideration of Amendments to Chapter 40 of the Grand Island City Code
Relative to Storm Water Management
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
Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director reported that the Nebraska Department of Environmental
Quality (NDEQ) required the City to adopt a Storm Water Management Plan (SWMP). These
changes would amend the current section of the Grand Island City Code Chapter 40. Terry
Brown and Scott Sekutera presented a PowerPoint explaining the Storm Water Regulations.
Discussion was held regarding cost to developers and who would monitor these projects. Steve
Riehle mentioned the DEQ permits required on larger projects. Also mentioned was this
Ordinance does not affect the 2 mile zoning jurisdiction.
Motion by Gilbert, second by Meyer to approve Ordinance #9277.
Page 3, City Council Regular Meeting, October 26, 2010
City Clerk: Ordinance #9277 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 #9277 on final passage. All those in favor ofthe passage ofthis ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9277 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-5 was removed for further discussion. Motion
by Zapata, second by Nickerson to approve the Consent Agenda excluding item G-5. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of October 12, 2010 City Council Regular Meetin>;.
Approving Re-Appointment of Scott Ericksen to the Regional Planning Commission.
Approving Request from John Foss 1425 West 112th Street Kearney Nebraska for Liquor
Mana eg r Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue.
#2010-292 -Approving 2010 Economic Development -Community Development Block Grant
Project for Infrastructure.
#2010-294 -Approving Community Oriented Police (COPS) Hirin Gg rant.
#2010-295 -Approving Change Order Number 1 for Sanitary Sewer Manhole Rehabilitation
Project 2010-MH REHAB-1 for the Wastewater Treatment Plant with Midlands Contracting,
inc. of Kearney, Nebraska for an Increase of $9,360.00 and a Revised Contract Amount of
$196,228.25.
#2010-296 -Approving- Contract for Snow Removal Operations for the 2010-2011 Winter
Season at the Law Enforcement Center and Downtown Parking Lots for the following amounts:
Trucks for Hauling Snow - $40.00 per load. Tractor Loader w/Box Blade - $120.00 per hour;
Skid Steer Loader - $110.00 per hour and Tractor with Pull Blade - $200.00 per hour.
#2010-297 - Approving Acquisition of Utility Easement Located between Airport Road and
Abbott Road and East of North Road (Leon Stanczyk).
#2010-298 -Approving Pipeline Crossing Agreement with the Union Pacific Railroad -Cedar
Street at the Union Pacific Railroad for Water Main Project 2009-W-1 in an Amount of
$ 7,100.00.
#2010-299 - Approving~Certificate of Final Completion for Installation of Artificial Turf at the
Fieldhouse with All Sports Enterprises inc. from Exton Pennsylvania.
#2010-300 - Approving_Grant Agreement with Baseball Tomorrow for Baseball Equipment at
the Fieldhouse.
Page 4, City Council Regular Meeting, October 26, 2010
#2010-301 -Approving Contract for Long Term Disability Insurance with CIGNA Group
Insurance from December 1, 2010 through November 30, 2013.
#2010-302 -Approving Amendment to Library Personnel FTE Budget Allocation.
#2010-303 -Approving Certificate of Final Completion with Galvan Construction, Inc. of Grand
Island, Nebraska and Scheduling the Board of Equalization for Sidewalk District No. 1 2007 for
November 23. 2010.
#2010-304 -Approving Certificate of Final Complete for Sod at the Veterans Athletic Field
Complex with Tilley Sprinkler Systems of Grand Island, Nebraska.
#2010-293 -Approving 2010 Tourism Development -Community Development Block Grant
Project for the Grand Theatre. Chad Nabity, Regional Planning Director reported this grant
would be used for renovations at the Grand Theatre. The grant was for $110,000 and the total
project was $850,000.
Motion by Haase, second by Dugan to approve Resolution #2010-293. Upon roll call vote, all
voted aye. Motion adopted.
REQUEST S AND REFERRALS:
Consideration of Approving Request from Brett Klanecky, 310 Cody Road, St. Libory, Nebraska
for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street. City Clerk RaNae
Edwards reported that an application had been received from Brett Klanecky, 310 Cody Road,
St. Libory, Nebraska for Liquor Manager Designation for Pizza Hut, 1608 South Locust Street.
The Police Department recommendation was denial based on recent alcohol related convictions,
failing to disclose other convictions and barely being of the legal drinking age.
Andy Baack, attorney for the applicant spoke in support of approving the request. Brett Klanecky
spoke of bad decisions during college. He mentioned he had completed a state approved alcohol
server/seller training program. Police Chief Steve Lamken stated the decision rested with the
Council.
Motion by Meyer, second by Gericke to deny the request from Brett Klanecky, 310 Cody Road,
St. Libory, Nebraska for Liquor Manager designation for Pizza Hut, 1608 South Locust Street
based on the Police Department recommendations of recent alcohol related convictions, failing
to disclose other convictions and barely being of the legal drinking age. Upon roll call vote,
Councilmember's Meyer and Niemann voted aye. Councilmember's Gilbert, Haase, Carney,
Dugan, Ramsey, Zapata, Nickerson, and Gericke voted no. Motion failed.
Motion by Gilbert, second by Gericke to approve the request from Brett Klanecky, 310 Code
Road, St. Libory, Nebraska for Liquor Manager designation for Pizza Hut, 1608 South Locust
Street. Upon roll call vote, Councilmember's Gilbert, Haase, Carney, Ramsey, Zapata,
Nickerson, and Gericke voted aye. Councilmember's Meyer, Niemann, and Dugan voted no.
Motion adopted.
Page 5, City Council Regular Meeting, October 26, 2010
RESOLUTIONS:
#2010-305 -Approving Request from Casey's Retail Company dba Casey's General Store
#2903, 3428 West Capital Avenue for a Class "B" Liquor License and Liquor Manager
designation for Tina Krings, 1009 Milan Drive #7, Norfolk, Nebraska. This item related to the
aforementioned Public Hearing.
Motion by Ramsey, second by Zapata to approve Resolution #2010-305 contingent upon final
inspections and Ms. Krings completing a state approved alcohol server/seller program. Upon roll
call vote, all voted aye. Motion adopted.
#2010-306 - Approving Resolution in Support of Amendment No. 1. Mayor Hornady reported
that Amendment No. 1, if approved at the General Election on November 2, 2010, would allow
the Legislature to grant municipalities more flexibility in funding sources for LB 840 plans to
fund local economic or industrial projects and programs.
Discussion was held regarding the Legislature needing to change the state statutes. Cash reserves
were mentioned. City Attorney Dale Shotkoski commented on the sources of funding. Utilities
funds for LB 840 projects were discussed. Utilities Director Gary Mader stated using funds from
the Utilities Department would be an additional expense to the department and may require a rate
increase.
City Administrator Jeff Pederson stated current LB 840 funds were paid from the General Fund,
if approved this would broaden the funding sources. Marlan Ferguson, EDC President explained
the current LB 840 plan was voted by the people of Grand Island and approved by the City
Council. The dollar amount in the plan couldn't be changed unless by a vote of the people.
Motion by Nickerson, second by Zapata to approve Resolution #2010-306. Upon roll call vote,
Councilmember's Niemann, Gilbert, Dugan, Ramsey, Zapata, and Nickerson voted aye.
Councilmember's Haase, Carney, and Gericke voted no. Councilmember Meyer abstained.
Motion adopted.
#2010-307 -Approving Interlocal Agreement with Nebraska First Class Cities for L200 Federal
Transportation Funding. Steve Riehle, Public Works Director reported that the Nebraska
Department of Roads (NDOR) had allocated approximately $900,000 of annual federal
transportation funds (L200 funding category) to the City of Grand Island. The Federal Highway
Administration (FHWA) had advised the NDOR that federal transportation funds had to be
obligated to a project before the federal fiscal year ended on September 30th of each year.
Approving the Interlocal Agreement with other Nebraska first class Cities would allow for
unused funds to be allocated for subsequent years.
Discussion was held regarding the Interlocal Agreement and how it would affect other First
Class Cities. Competition between cities and projects was mentioned. City Attorney Dale
Shotkoski commented on the duration and termination in the agreement.
Motion by Gilbert, second by Ramsey to approve Resolution #2010-307. Upon roll call vote, all
voted aye. Motion adopted.
Page 6, City Council Regular Meeting, October 26, 2010
#2010-284 -Approving Acquisition of a Portion of South Locust Street between the Grand
Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80
Interchange (County of Hall, Nebraskan Steve Riehle, Public Works Director reported that this
item was postponed from the October 12, 2010 City Council meeting for further information.
Mr. Riehle explained the 1992 Interlocal Agreement between the City of Grand Island, Hall
County, the Nebraska Department of Roads and the Federal Highway Administration obligations
for the new Locust Street I-80 Interchange and 4-lane roadway. Staff recommended approval and
if denied could jeopardize future projects and federal transportation funds.
Discussion was held regarding City spending funds to develop a road in the County.
Motion by Dugan, second by Carney to approve Resolution #2010-284. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of October 13,
2010 through October 26, 2010, for a total amount of $4,225,959.80. Unanimously approved.
Motion by Dugan, second by Nickerson to approve the Claims for the Period of October 13,
2010 through October 26, 2010 for the Veterans Athletic Field Complex for a total amount of
$13,404.77. Unanimously approved.
Motion by Dugan, second by Nickerson to approve the Claims for the Period of September 29,
2010 through October 26, 2010 for the State Fair Recreation Building for a total amount of
$212,080.00. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:50 p.m.
RaNae Edwards
City Clerk