09/12/2006 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 12, 2006
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 12, 2006. Notice of the meeting was given in The Grand Island
Independent on September 6, 2006.
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, Cornelius, Hornady,
Walker, and Haase. Council member Pauly was absent. The following City Officials were
present: City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director
Steve Riehle, and Interim City Attorney Dale Shotkoski.
INVOCATION was given by Reverend David McCreary, First United Methodist Church, 724
West 12th Street followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Grand Island South Side Nationals Little League Baseball Team, Nebraska
Champions and Mid-West Regional Semi-Finalists. The Mayor and City Council recognized the
Grand Island South Side Nationals Little League Baseball Team. They were the City, Districts,
and State Champions and went on to play in the Mid-West Regional Semi-Finals in Indianapolis,
Indiana. The following boys and their coaches were recognized: Will Bamesberger, Sam Foltz,
Blake Fruchtl, Ryker Fyfe, Ryan Harris, Austin Meyer, Tanner Meyer, Ben Moul, Kyle
Simonds, Austin Steinwart, Alee Waters, and Coaches Monte Fyfe, Greg Enck, and Dennis
Fruchtl.
Recognition of Contributors to the "GREA Tn Summer Youth Program. The Mayor and City
Council recognized Coca-Cola, Pepsi Bottling Group, Sam's Club, Skagway, Swift and Co., and
Howard School for sponsoring the Gang Resistance Education Awareness Training (GREAT)
program this summer. Police Officer Rick Ressel gave an update on the summer's program. Dr.
Steve Joel thanked the Police Department and commented on the impact of this program.
Representatives from Sam's Club, Swift & Co., and Skagway were present along with several
students who had attended the program.
Mayor Vavricek stated he had a potential conflict of interest with Resolution #2006-BE-ll and
Ordinance #9072 and would not be voting in case of a tie.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Pielstick,
carried unanimously to adjourn to the Board of Equalization.
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Page 2, City Council Regular Meeting, September 12, 2006
#2006-BE-7 - Consideration of Determining Benefits for Street Improvement District No. 1257.
Shanna Street in Western Heights 4th Subdivision. Steve Riehle, Public Works Director reported
that Street Improvement District No. 1257 was completed by Diamond Engineering Company
and a certificate of final completion was approved on August 8, 2006. The cost to be assessed
was $129,474.92.
Motion by Pielstick, second by Hornady to approve Resolution #2006-BE-7. Upon roll call vote,
all voted aye. Motion adopted.
#2006-BE-8 - Consideration of Determining Benefits for Water Main District No. 452. Knott
and Palu Subdivision Areas. Gary Mader, Utilities Director reported that Water Main District
No. 452 was created at the request of the property owners to serve Knott Avenue, Lake Street,
and Tri Street. The cost to be assessed to the district was $72,353.27.
Motion by Hornady, second by Pielstick to approve Resolution #2006-BE-8. Upon roll call, all
voted aye. Motion adopted.
#2006-BE-9 - Consideration of Determining Benefits for Business Improvement District #3.
David Springer, Finance Director reported 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.
Motion by Nickerson, second by Cornelius to approve Resolution #2006-BE-9. Upon roll call,
all voted aye. Motion adopted.
#2006-BE-10 - Consideration of Determining Benefits for Business Improvement District #4.
David Springer, Finance Director reported 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$17,348.99.
Motion by Nickerson, second by Cornelius to approve Resolution #2006-BE-10. Upon roll call,
all voted aye. Motion adopted.
#2006-BE-ll - Consideration of Determining Benefits for Business Improvement District #5.
David Springer, Finance Director reported 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 $80,004.04. Also mentioned was a letter received from the Arter Group protesting the
method of assessments.
Motion by Nickeson, second by Cornelius to approve Resolution #2006-BE-11. Upon roll call,
all voted aye. Motion adopted.
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Page 3, City Council Regular Meeting, September 12, 2006
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Pielstick, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request of ScoJay Investments. LLC dba The Tank. 123 E. South Front Street
for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an application had
been received from Scott Johnson and Jay Beckby, owners of ScoJay Investments, LLC dba The
Tank, 123 E. South Front Street 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 14, 2006; notice to the general public of date, time, and place of
hearing published on September 2, 2006; notice to the applicant of date, time, and place of
hearing mailed on August 22, 2006; along with Chapter 4 of the City Code. Staff recommended
approval contingent upon final inspections. Jay Beckby, 800 S. Short Drive was present to
answer questions. No further public testimony was heard.
Public Hearing on Request of Edwin Bolanos dba La Zona Rosa. 611 East 4th Street for a Class
"C" Liquor License. RaNae Edwards, City Clerk re~orted that an application had been received
from Edwin Bolanos dba La Zona Rosa, 611 East 4 Street 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 16, 2006; notice to the general public
of date, time, and place of hearing published on September 2, 2006; notice to the applicant of
date, time, and place of hearing mailed on August 22, 2006; along with Chapter 4 of the City
Code. Ms. Edwards stated Mr. Bolanos had completed a state approved alcohol server/training
program on July 20, 2006. Staff recommended approval contingent upon final inspections. Al
Fitzgerald, 1304 West Sycamore Street spoke in support. Lex Ann Roach representing Project
Extra Mile thanked Mr. Bolanos for not promoting kids in bars. No further public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 602 West Stolley Park Road - Bar
Middle School (The School District of Grand Island) Gary Mader, Utilities Director reported that
acquisition of a utility easement located at 602 West Stolley Park Road, north and south side of
Barr Middle School was needed in order to have access to install, upgrade, maintain, and repair
water mains. This easement would be provide service and fire protection in the area of the new
expansions of Barr Middle School. 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 $5,467,530, Parking
District No. 2 at $11,000, and the Community Redevelopment Authority property tax at
$492,540. No public testimony was heard.
Public Hearing on Request from Equitable Federal Savings Bank of Grand Island for Conditional
Use Permit for Temporary Placement of Modular Banking Facility Located at 3012 South Locust
Street. Craig Lewis, Building Department Director reported that Equitable Federal Savings Bank
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Page 4, City Council Regular Meeting September 12, 2006
of Grand Island had requested a Conditional Use Permit for temporary placement of a modular
banking facility located at 3012 South Locust Street until such time as a permanent building can
be designed and built. Staff recommended approval for a two year period of time. 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:
#9067 - Consideration of Vacation of Utility Easements - 602 West Stolley Park Road -
Bar Middle School
#9068 - Consideration of Assessments for Water Main District No. 452 - Knott and Palu
Subdivision Areas
#9069 - Consideration of Assessments for Street Improvement District No. 1257, Shanna
Street in Western Heights 4th Subdivision
#9070 - Consideration of Assessments for Business Improvement District #3
#9071 - Consideration of Assessments for Business Improvement District #4
#9072 - Consideration of Assessments for Business Improvement District #5
#9073 - Consideration of Amendments to Chapter 12 of the Grand Island City Code
Relative to Civil Service
#9074 - Consideration of Amendments to Chapter 13 of the Grand Island City Code
Relative to Occupation Tax for Downtown Improvement and Parking District NO.1
#9075 - Consideration of Corrections to Salary Ordinance
#9076 - Consideration of Amendments to Chapter 5 of the Grand Island City Code
Relative to Animals
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 Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
#9067 - Consideration of Vacation of Utility Easements - 602 West Stolley Park Road-
Bar Middle School
#9068 - Consideration of Assessments for Water Main District No. 452 - Knott and Palu
Subdivision Areas
Gary Mader, Utilities Director commented that Ordinance #9067 related to the aforementioned
Public Hearing and Ordinance #9068 related to the aforementioned Board of Equalization action
taken earlier.
Motion by Pielstick, second by Cornelius to approve Ordinances #9067 and #9068.
City Clerk: Ordinances #9067 and #9068 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.
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Page 5, City Council Regular Meeting, September 12, 2006
City Clerk: Ordinances #9067 and #9068 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 #9067 and #9068 are declared to be lawfully adopted upon publication as required by
law.
#9069 - Consideration of Assessments for Street Improvement District No. 1257, Shanna
Street in Western Heights 4th Subdivision
Steve Riehle, Public Works Director stated Ordinance #9069 related to the aforementioned
Board of Equalization action taken earlier.
Motion by Hornady, second by Meyer to approve Ordinance #9069.
City Clerk: Ordinance #9069 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 #9069 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 #9069 is declared to be lawfully adopted upon publication as required by law.
#9070 - Consideration of Assessments for Business Improvement District #3
#9071 - Consideration of Assessments for Business Improvement District #4
#9072 - Consideration of Assessments for Business Improvement District #5
David Springer, Finance Director stated Ordinances #9070, #9071, and #9072 related to the
aforementioned Board of Equalization action taken earlier.
Motion by Hornady, second by Walker to approve Ordinances #9070, #9071 and #9072.
City Clerk: Ordinances #9070, #9071 and #9072 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 #9070, #9071 and #9072 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 #9070, #9071 and #9072 are declared to be lawfully adopted upon publication as
required by law.
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Page 6, City Council Regular Meeting, September 12, 2006
#9073 - Consideration of Amendments to Chapter 12 of the Grand Island City Code
Relative to Civil Service
Dale Shotkoski, Interim City Attorney commented that code revisions to Chapter 12 would
mirror the current state statute requirements for civil service.
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Motion by Hornady, second by Walker to approve Ordinance #9073.
City Clerk: Ordinance #9073 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 #9073 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 #9073 is declared to be lawfully adopted upon publication as required by law.
#9074 - Consideration of Amendments to Chapter 13 of the Grand Island City Code
Relative to Occupation Tax for Downtown Improvement and Parking District No. 1
David Springer, Finance Director reported that Ordinance #9074 related to the Downtown
Improvement and Parking District No.1 assessments. The FY 2006-2007 occupation tax factor
was $.1375 which would provide for occupation taxes in the amount of $40,002.
Motion by Pielstick, second by Walker to approve Ordinance #9074.
City Clerk: Ordinance #9074 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 #9074 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 #9074 is declared to be lawfully adopted upon publication as required by law.
#9075 - Consideration of Corrections to Salary Ordinance
Brenda Sutherland, Human Resources Director reported that Ordinance #9075 would correct
Ordinance #9061 to include Evidence Technician at the Police Department and Maintenance
Worker I position at the Heartland Shooting Park. Also included was Bilingual pay in the amount
of $1,000. Pay ranges for the following positions were also corrected: Fire Captain,
Firefighter/EMT, and Firefighter/Paramedic.
Motion by Cornelius, second by Nickerson to approve Ordinance #9075.
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Page 7, City Council Regular Meeting, September 12, 2006
City Clerk: Ordinance #9075 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,
Pielstick, Gilbert, Nickerson, Cornelius, Hornady, and Walker voted aye. Councilmember Haase
voted no. Motion adopted.
City Clerk: Ordinance #9075 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,
Pielstick, Gilbert, Nickerson, Cornelius, Hornady, and Walker voted aye. Councilmember Haase
voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9075 is declared to be lawfully adopted upon publication as required by law.
#9076 - Consideration of Amendments to Chapter 5 of the Grand Island City Code
Relative to Animals
Dale Shotkoski, Interim City Attorney reported that the City Code Revision Committee had met
and drafted changes for Chapter 5. The Animal Advisory Board had also met and recommended
changes. Mr. Shotkoski stated Section 5-1 changes to the definitions would mirror state statute
definitions of dangerous animals. Recommended changes were to delete reference to vicious
animals. Recommended changes to Section 5-41.1 would prohibit the keeping of fowl, including
chickens, which included both hens and roosters from being maintained on residential premises
within the City.
Karen and Steve Hancock, 2303 East 7t1t Street spoke in support of keeping chickens. Leon
Cederland, 4706 Gunbarrel Place also spoke in support of keeping chickens and commented on
other noises which were louder than roosters such as motorcycles, boom boxes, and train
whistles.
Motion by Haase, second by Whitesides to approve Ordinance #9076.
A lengthy discussion was held regarding allowing chickens within the city limits, the number of
chickens, the size of property, commercial establishments, non-profit businesses, and educational
institutions which could have chickens. Mr. Shotkoski stated commercial retail establishments
who offer live fowl or chickens for retail sale, governmental and/or non-profit educational
facilities would be exempt.
Motion by Haase to amend the motion to allow chickens on residential properties of 5 acres or
more. Motion died due to lack of a second.
Motion by Whitesides, second by Walker to amend the main motion to allow four (4) hens per
one (1) acre within the City limits. Upon roll call vote, Council member' s Whitesides, Gilbert,
Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember's Meyer and
Pielstick voted no. Motion adopted.
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Page 8, City Council Regular Meeting, September] 2, 2006
City Clerk: Ordinance #9076 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 Whitesides,
Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember
Meyer voted no. Motion adopted,
City Clerk: Ordinance #9076 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 Whitesides,
Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember
Meyer voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9076 is declared to be lawfully adopted upon publication as required by law.
It was noted that this ordinance would go into effect 15 days after publication or the first week of
October. Further discussion was held regarding those properties currently with chickens would
be in violation after the effective date. Discussed was held regarding conditional use permits.
CONSENT AGENDA: Consent Agenda items G-9 and G-I0 were pulled for further discussion.
Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding items G-9
and G-I0. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of August 22. 2006 City Council Regular Meeting.
Approving Minutes of August 29.2006 City Council Study Session.
Approving Minutes of September 5. 2006 City Council Study Session.
Approving Request from Becki Hatte. 4164 Texas Avenue for Liquor Manager Designation for
Bullwinkle's Bar & GrilL 3235 South Locust Street.
#2006-243 - Approving Acquisition of Utility Easement Located at 602 West Stolley Park Road
- Barr Middle School. (The Grand Island School District)
#2006-244 - Approving Bid Award for Boiler and Machinery Insurance with Factory Mutual
Insurance Co. ofSt. Louis. Missouri in an Amount of$367.507.00.
#2006-245 - Approving Bid Award for 750 MCM Power Cable with WESCO of Grand Island,
Nebraska in an Amount of $188.351.24.
#2006-246 - Approving Electric Distribution System Engineering Services with Advantage
Engineering. Inc. of Chesterfield. Missouri in an Amount of$191.400.00.
#2006-249 - Approving Nebraska Children & Families Foundation Prevention Grant.
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Page 9, City Council Regular Meeting, September 12, 2006
#2006-250 - Approving Change Order NO.2 with Tri Valley Builders, Inc. of Grand Island for
Construction of Fire Station NO.1 for an Increase of $55.489.00 and a Revised Contract Amount
of $2.387,368,00.
#2006-251 - Approving Renewal of South Central Area Law Enforcement Services (SCALES)
Interlocal Agreement for an Additional Five Years.
#2006-252 - Approving Contract for Employee Assistance Program with Family Resources of
Grand Island. Nebraska for an Annual Cost of $14.475.00 for the next three years. for a Total
Amount of $43.425.00.
#2006-253 - Approving Change Order NO.2 with Hooker Brothers Construction of Grand
Island. Nebraska for Site Preparation and Lake Excavation at the Heartland Public Shooting Park
for an Increase of$4.574.01 and a Revised Contract Amount of $578.224.00.
#2006-254 - Approving Annual Agreements for Support. License. Operating System and
Database Administration with MUNIS. Inc. of Falmouth. Maine in the Amounts of $19.509.02
and $76.282.31.
#2006-255 - Approving Final Plat and Subdivision Agreement for D K Second Subdivision. It
was noted that Paul D. and Rhonda M. Hassett, owners proposed to create 2 lots on a tract of
land comprising all of Lot One (1), D.. Subdivision consisting of approximately 0.533 acres.
#2006-256 - Approving Final Plat and Subdivision Agreement for Knott Third Subdivision. It
was noted that Ronnie L. and Solveig L. Knott, owners proposed to create 2 lots on a tract of
land comprising all of Lot Nine (9), Knott Subdivision consisting of approximately 0.446 acres.
#2006-257 - Approving Final Plat and Subdivision Agreement for Menard Seventh Subdivision.
It was noted that Triad Holdings, L.L.C., owners proposed to replat all of Lot Seven (7), and the
north 185 feet of Lot Eight (8), Menard Second Subdivision consisting of approximately 1. 905
acres.
#2006-258 - Approving Subordination Request for 1208 East 5th Street. (Galen and Rebecca
Williams)
#2006-259 - Approving Subordination Request for 115 East 9th Street. (Victor M. and Gina A.
Henriquez)
#2006-560 - Approving Subordination Request for 1805 Freedom Drive. (Dean A. and Patricia
D. Bierhaus)
#2006-261 - Approving Certificate of Final Completion with Hooker Brothers Construction of
Grand Island. Nebraska for Site Preparation and Land Excavation at the Heartland Public
Shooting Park.
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Page 10, City CoWlcil Regular Meeting, September 12, 2006
#2006-262 - Approving Certificate of Final Completion with Galvan Construction of Grand
Island. Nebraska for Building Constructio~ Baftles. and Sheds at Heartland Public Shooting
Park.
#2006-247 - Approving Contract for Engineering Services for Mercury Emissions Monitoring
with Black & Veatch of Kansas City. Missouri in an Amount not to exceed $64.500.00.
Councilmember Pielstick questioned the amount of the bid submitted by Sargent & Lundy. Gary
Mader, Utilities Director commented that he did not have the information with him but that the
prices were comparable and Black & Veatch was selected from past performances.
Motion by Pielstick, second by Walker to approve Resolution #2006-247. Upon roll call vote, all
voted aye. Motion adopted.
#2006-248 - Approving Bid Award for Sidewalk District No. L 2006 with Galvan Construction.
Inc. of Grand Island, Nebraska in an Amount of $6.212.25. Councilmember Gilbert questioned
whether this would be in the area of Water Main District No. 454 and would require the removal
of sidewalks. Steve Riehle, Public Works Director stated that it was not.
Motion by Cornelius, second by Hornady to approve Resolution #2006-248. Upon roll call vote,
all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Equitable Federal Savings Bank of Grand Island for Conditional
Use Permit for Temporary Placement of Modular Banking Facility Located at 3012 South Locust
Street. Craig Lewis, Building Department Director reported this item related to the
aforementioned Public Hearing.
Motion by Hornady, second by Cornelius to approve the request of Equitable Federal Savings
Bank for a Conditional Use Permit for temporary placement of a modular banking facility
located at 3012 South Locust Street not to exceed two years. Upon roll call vote, all voted aye.
Motion adopted.
Consideration of Request for Brad Harder for Extension of Non-Conforming Use for Harold's
Upholster Shop Located at 215 W. South Street. Craig Lewis, Building Department Director
reported that Brad Harder, owner of Harold's Upholstery Shop located at 215 W. South Street
requested an extension of the non-conforming use to construct additions to the current building.
Proposed was a 16'8" x 32'6" addition to the east and a 36'8" x 10' addition to the south.
Current zoning does not allow for the additions without Council approval. Staff recommended
approval of the request with the condition that the exterior construction be completed within the
next 12 months.
Motion by Nickerson, second by Hornady to approve the request of Brad Harder with the
condition that the exterior construction be completed within the next 12 months. Upon roll call
vote, all voted aye. Motion adopted.
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Page 11, City Council Regular Meeting, September 12, 2006
RESOLUTIONS:
#2006-263 - Consideration of Request from ScoJay Investments. LLC dba The Tank. 123 E.
South Front Street for a Class "Cn Liquor License and Request of George Jay Beckby. 800 S.
Shore Drive. Hastings. Nebraska for Liquor Manager Designation. RaNae Edwards, City Clerk
reported this item related to the aforementioned Public Hearing. Approval was recommended
contingent upon final inspections and the stipulation that a state approved alcohol server/seller
training program be completed by Mr. Beckby.
Motion by Hornady, second by Cornelius to approve Resolution #2006-263 contingent upon
final inspections and the stipulation that a state approved alcohol server/seller training program
be completed by Mr. Beckby. Upon roll call vote, all voted aye. Motion adopted.
#2006-264 - Consideration of Approving Request of Edwin Bolanos dba La Zona Rosa. 611
East 4th Street for a Class "Cn Liquor License. RaNae Edwards, City Clerk reported this item
related to the aforementioned Public Hearing. Approval was recommended contingent upon final
inspections.
Motion by Nickerson, second by Pielstick to approve Resolution #2006-264 contingent upon
final inspections. Question was raised if City Code required window in this building. Craig
Lewis, Building Department Director stated windows were not a requirement, but door assess
was. Steve Lamken, Police Chief stated he was satisfied with the work that had been done and
had no objections to approving this request.
Upon roll call vote, Councilmember's Whitesides, Pielstick, Gilbert, Nickerson, Cornelius,
Hornady, Walker, and Haase voted aye. Councilmember Meyer voted no. Motion adopted.
#2006-265 - Consideration of Approving General Property. Parking District #2 (Ramp). and
Community Redevelopment Authority Tax Request. David Springer, Finance Director reported
this item related to the aforementioned Public Hearing.
Motion by Walker, second by Gilbert to approve Resolution #2006-265. Upon roll call vote, all
voted aye. Motion adopted.
Mayor Vavricek commented that he could not approve this Resolution. Mentioned were the
goals set at the Council Retreat in January where the council agreed to lower the City tax rate to
make a more efficient government. With the increase in valuation and a tax rate request of $.25
per $100 valuation this would increase the taxes. The Mayor requested that the council
reconsider the tax asking dollars for the General Property tax levy and keep it the same as the FY
2005-2006 request of$5,212,064 instead of $5,467,530.
Council voted to reconsider the motion. Upon roll call vote, Councilmember's Whitesides,
Pie1stick, Gilbbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember's Meyer
and Nickerson voted no. Motion adopted.
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Page 12, City Council Regular Meeting, September 12, 2006
Motion by Whitesides, second by Cornelius that the General Property tax rate be identical to FY
2005-2006 in the amount of $5,212,064. Upon roll call vote, Councilmember's Whitesides,
Pielstick, Gilbbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember's Meyer
and Nickerson voted no. Motion adopted.
#2006-266 - Approving Personnel Rules and Regulations. Brenda Sutherland, Human Resources
Director reported that City Council reviewed the proposed changes at their August 29, 2006
Study Session. Some of the proposed changes were the addition of administrative policies being
incorporated into the Personnel Rules. Presented were the proposed changes.
Motion by Whitesides, second by Hornady to approve Resolution #2006-266.
A lengthy discussion was held concerning Section 3.13 Nepotism.
Motion by Whitesides, second by Hornady to amend the main motion to include in Section 3.13
Nepotism, second paragraph, second sentence the following: "No relative shall work within the
same shift or station of the City, nor shall any relative work within any supervisory capacity of
another relative on a daily basis".
Discussion was held regarding the impact to union contracts.
Upon roll call vote of the amendment, all voted aye. Motion adopted.
Motion by Hornady, second by Haase to amend the main motion to allow tuition reimbursement
as follows: 1000.10 for an A., 85% for a B, and 70% for a C. Discussion was held regarding the
benefits of tuition reimbursement, level of learning, and the importance of encouraging higher
education.
Upon roll call vote, Councilmember's Pielstick, Homady, Walker, and Haase voted aye.
Councilmember's Meyer, Whitesides, Gilbert, Nickerson, and Cornelius voted no. Motion failed.
Motion by Gilbert, second by Meyer to amend the main motion by removing the following
paragraph in Section 3.13 Nepotism: "In addition to family relationships, and for the same
reasons mentioned above, employees involved in romantic and/or sexual relationships or dating
must also observe the chain of command rules mentioned above".
Discussion was held regarding dating, romantic relationships, enforcement, etc. Brenda
Sutherland, Human Resources Director commented on checking with other cities and the
importance of having this in the Personnel Rules and Regulations.
Upon roll call vote, Councilmember's Meyer, Pielstick, Gilbert, and Cornelius voted yes.
Councilmember's Whitesides, Nickerson, Hornady, Walker, and Haase voted no. Motion failed.
Motion by Cornelius, second by Whitesides to amend the main motion to allow tuition
reimbursement as follows: 100% for an A or B and 85% for a C. Upon roll call vote,
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Page 13, City CoWlcil Regular Meeting, September 12, 2006
Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Hornady, Walker, and Haase
voted aye. Councilmember Nicerson voted no. Motion adopted.
Upon roll call vote of the main motion, including the amendment to the Nepotism Policy and the
amendment to the Tuition Reimbursement, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of August 23, 2006
through September 12, 2006, for a total amount of$2,987,904.68. Motion adopted unanimously.
Councilmember Pielstick abstained from Claim #136795.
Motion by Cornelius, second by Haase to approve the following Claim for the Library Expansion
for the Period of August 9, 2006 through September 12, 2006:
#34 $388,607.92
ADJOURNMENT: The meeting was adjourned at 9:55 p.m.
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RaNae Edwards
City Clerk
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