06/26/2007 MinutesOFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 26, 2007
Pursuant to due call and notice thereof, a Regular Meeting df 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 26, 2007. Notice of the meeting was given in The Grand Island Independent on
June 20, 2007.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember's Carney, Zapata, Nickerson, Gericke, Brown, Gilbert,
Whitesides, Haase, and Meyer. Councilmember Walker was absent. The following City Officials
were present: City Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director David
Springer, and Public Works Director Steve Riehle.
INVOCATION was given by Reverend Alberta Danner; First Church of the Nazarene, 1022
West 6a' Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COI\~IlVIUNICATION: Mayor Hornady acknowledged Community Youth Council
member Derrick Morrison. Mentioned was the City wide picnic at Stolley Park this Sunday, July
1, 2007 in conjunction with the Hall County 150a' Anniversary.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of Service Award to Councilmember Scott Walker. This item was pulled from the
agenda and rescheduled for the Juiy 10, 2007 City Council meeting due to Councilmember
Walker being absent.
PUBLIC HEARINGS:
Public Hearing on Request ,from Mongolian Vietnamese Restaurant, LLC dba Mon og lian
Vietnamese Restaurant, 1816 North Webb Road for Class "A" Liquor License. RaNae Edwards,
City Clerk reported that an application had been received from Mongolian Vietnamese Restaurant,
LLC dba Mongolian Vietnamese Restaurant, 1816 North Webb Road for a Class "A" Liquor
License. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on June 1, 2007; notice to the general public of
date, time, and place of hearing published on June 16, 2007; notice to the applicant of date, time, and
place of hearing mailed on June 1, 2007; along with Chapter 4 of the City Code. Staff recommended
denial because of "Falsification of Application" under Nebraska Liquor Control Rules and
Regulations Section 53-131.01 and Chapter 2 Section 010.01. Dzung Nguyen, 303 East 18~' Street
spoke in support. No further public testimony was heard.
Public Hearing on Request of JG & J Inc dba Bullwinkle's Bar and Grill 3235 South Locust
Street for a Change of Location for Class "C-23100" Liquor License to 2118 North Webb Rpad.
RaNae Edwards, City Clerk reported that an application had been received from JG & J, Inc. dba
Bullwinkle's Bar and Grill, 3235 South Locust Street for a Change of Location to their Class "C-
Page 2, City Council Regular Meeting, June 26, 2007
23100" Liquor License to 2118 North Webb Road. Ms. Edwards presented the following exhibits for
the record: application submitted to the Liquor Control Commission and received by the City on June
6, 2007; notice to the general public of date, time, and place of hearing published on June 16, 2007;
notice to the applicant of date, time, and place of hearing mailed on June 6, 2007; along with Chapter
4 of the City Code. Staff recommended approval contingent upon final inspections. Becki Keeshan,
3235 South Locust Street spoke in support. No further public testimony was heard.
Public Hearing_on Acauisition of Utility Easement Located at the Southeast Corner of the New
HY-VEE Store at Webb Road and Old Potash Highway. (HY-VEE, Inc.). Tim Luchsinger,
Assistant Utilities Director reported that acquisition of a utility easement located at the southeast
corner of the new HY-VEE store located at Webb Road and Old Potash Highway was needed to
have access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers. This easement would be used to place underground electrical cable and apan-
mounted transformer to serve the new HY-VEE store. No public testimony was heard.
Public Hearing on Acauisition of Utilitx Easement Located at 1313 Johnstown Road Across
from Diamond Plastics (Kevin and Tammie Hulsel. Tim Luchsinger, Assistant Utilities Director
reported that acquisition of a utility easement located at 1313 Johnstown Road was needed to
have access to install, upgrade, maintain, and repair power appurtenances, including Lines and
transformers. This easement would be used to locate primary underground electrical cable and a
three-phase pad-mounted transformer to a new building at this address- No public testimony was
heard.
1
Public Hearing on Amendment to Chapter 36 of the Grand Island City Code Relative to
Accessory Building and Uses. Chad Nabity, Regional Planning Director reported that Portable
Storage Unites had been used across the United States for the past several years. These units are
designed to be delivered to a property where the property owner can load them and the company
hauls them to a warehouse for storage. Mr. Nabity stated changes were needed in City Code to
regulate the size of the containers and length of time the unit could be left at a residence. No
public testimony was heard.
Public Hearin on Acquisition of Utility Easement Located at 516 and 508 Sandalwood Drive,
South of Faidley Avenue (Rudolf and Jeannice Plate: Chad Nabity, Regional Planning Director
reported that acquisition of a utility easement located at 516 and 508 Sandalwood Drive, south of
Faidley Avenue was needed to have access to install, upgrade, and maintain telephone lines and
switches, cable TV lines and switches and natural gas lines. This easement would be used to
facilitate the installation of telephone, cable TV and gas lines to the property. No public
testimony was heard.
Public Hearing on Application for Edward Byrne Memorial Justice Assistance Grant (JAGS
2007. Steve Lamken, Police Chief reported that the Grand Island Police Department and Hall
County Sheriff's Department were eligible to receive Justice Assistance Grant monies from the
U.S. Department of Justice in 2007 in the amount of $28,366.00 to be spent over a four year
period. The Hall County Sheriff's Department would receive $7,091.50 for purchase of Computer
equipment. The Grand Island Police Department would receive $14,183.00 to purchase a back-
up server for the Data911 mobile data and video equipment for patrol vehicles, additional
Data911 equipment and operational costs for the Central Nebraska Drug Court. No public
testimony was heard.
Page 3, City Council Regular Meeting, June 26, 2007
ORDINANCES:
Councilmember Whitesides moved "that the statutory rules requiring prdinances to be read by
title on three different days be suspended and that ordinances numbered:
#9114 -Consideration of Vacation of Alley through Wasmer Detention Cell (between
Koenig and Division from Broadwell to Monroe)
#9122 -Consideration of Partial Vacation of Utility Easement (Principal Financial
Group)
#9123 -Consideration of Amendment to Chapter 36 of the Grand Island City Code
Relative to Accessory Buildings and Uses
#9124 -Consideration of Vacation of a Portion of Midaro Drive (East of 610 Midaro
Drive)
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 Nickerson second the motion. Upon roll call vote, all voted aye. Motion
adopted.
Steve Riehle, Public Works Director reported Ordinance #9114 was necessary to vacate street
and alley right-of--way at the site of the old Wasmer School which is now a detention cell. There
were no utilities in the alley and the detention cell prevents use of the alley and should be
vacated.
Tim Luchsinger, Assistant Utilities Director reported Ordinance #9122 would vacate the north
10' of the current easement and allow The Principal Financial Group to extend their building
onto the easement 8'. Existing utilities would not be affected. Discussion was held concerning
landscaping. Craig Lewis, Building Department Director explained that Principal Financial
Group would expand the landscaping to the east side of the property and drainage would slope to
the south.
Chad Nabity, Regional Planning Director reported Ordinance #9123 referred to the
aforementioned Public Hearing. Discussion was held concerning portable storage units with
regards to the length of time a unit could be on a persons property.
Steve Riehle, Public Works Director reported Ordinance #9124 would allow for the vacation of a
portion of Midaro Drive that was no longer needed because of changes in the development plan.
Motion by Whitesides, second by Brown to approve Ordinances #9114, #9122, #9123 and
#9124.
City Clerk: Ordinances #9114, #9122, #9123 and #9124 on first reading. All those in favor of
the passage of these ordinances on first reading, answer roll call vote. Upon roll calf vote, all
voted aye. Motion adopted.
Page 4, City Council Regular Meeting, June 26, 2007
1
City Clerk: Ordinances #9114, #9122, #9123 and #9124 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 Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9114, #9122, #9123 and #1924 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Consent agenda item G-12 was removed for further discussion Motion
by Gilbert, second by Haase to approve the Consent Agenda excluding item G-12. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of June 12, 2007 City Council Regular Meeting.
Approving Minutes of June 19, 2007 CitkCouncil Stud! Session.
Approving Appointment of Ann Marsh to the Central District Health Department.
Approving Appointment of John Schultz to the Zoning Board of Adjustment.
#2007-143 -Approving, Acquisition of Utility Easement Located at the Southeast Corner of the
New HY-VEE Store at Webb Road and Old Potash Highway CHY-VEE, Inca
#2007-144 -Approving Acquisition of Utility Easement Located at 1313 Johnstown Road
Across from Diamond Plastics (Kevin and Tammie Hulse
#2007-145 -Approving Bid Award for Cooling Tower Rebuild at Platte Generating Station with
Midwest Towers of Blue Springs, Missouri in an Amount of $409,094.00.
#2007-146 -Approving Bid Award for Boiler Inspection and Repair at Platte Generating Station
with W-S Mechanical Group, LLC of Council Bluffs, Iowa in an Amount of $579,337.11.
#2007-147 - A roving Acquisition of Utility Easement Located at 516 and 508 Sandalwood
Drive. South of Faidley Avenue~Rudolf and Jeannice Platej..
#2007-148 -Approving Application for Edward Byrne Memorial Justice Assistance Grant
(JAG) .2007.
#2007-150 -Approving Setting Board of Equalization Date of July 24, 2007 for Annual Mowing
Assessments.
#2007-151 -Approving Change Order No. 1 for Fiber Optic Cable Installation Project 2006-
OPGW-III with Ka, on Electric of Grand Island. Nebraska for an Increase of $5.120.00 and a
Revised Contract Amount of,$64,853.00.
Page 5, City Council Regular Meeting, June 26, 2007
#2007-152 - Approving_Agreement with Farmers National Company o~Grand Island Nebraska
for Land Management Services in an Amount of 7% of the Gross Farm Income.
#2007-149 - Approving Release and Rescission of Bid Award for Backhoe/Loader with
Nebraska Machinery Co and Approving Bid Award to Ditch Witch of Nebraska in an Amount
of $59,360.61. It was noted that Nebraska Machinery Co. would be discharged from its bid upon
payment to the City for the difference in price.
Motion by Meyer, second by Whitesides to approve Resolution #2007-149. Upon roll call vote,
all voted aye. Motion adopted.
RESOLUTIONS:
#2007-153 -Consideration of Request from Mongolian Vietnamese Restaurant. LLC dba
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Request of Dua Tran Hguyen, 303 East 8~' Street for Liquor Manager Desi nag tion• RaNae
Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Discussion
was held regarding the Liquor Control requirements regarding denial.
Motion by Meyer, second by Whitesides to deny the request of Mongolian Vietnamese
Restaurant and Liquor Manager Designation with the findings that the application was falsified.
Upon roll call vote, all voted aye. Motion adopted.
#2007-154 -Consideration of Request from JG & J, Inc. dba Bullwinkle's Bar and Grill, 3235
South Locust Street for a Change of Location for Class "C-23100" Liquor License to 2118 North
Webb Road. RaNae Edwards, City Clerk reported this item related to the aforementioned Public
Hearing.
Motion by Meyer, second by Gericke to approve Resolution #2007-154. Upon roll call vote, all
voted aye. Motion adopted.
#2007-155 -Consideration of Northwestern Gas Rate NegotiationlIncrease. Dale Shotkoski,
City Attorney introduced Mark Paulson, Attorney representing Northwestern Energy and Roger
Cox, Attorney/Public Advocate representing the Public Service Commission.
Mr. Paulson explained the negotiation process. Requested was that the City negotiate directly
with Northwestern Energy on a proposed rate increase of 5.48. Benefits would be a cost savings
to the City and local control.
Mr. Cox explained the history of rate negotiations and the role of the Public Advocate. Benefits
to the City would be time savings, expertise, cost studies, availability to consultants and formal
discovery process.
Discussion was held concerning the cost to the City if negotiations were held directly with
Northwestern. Mr. Cox stated those costs would be passed through to the customers. Mr.
5hotkoski commented that if the City would decide to negotiate directly, the City would need to
hire an attorney with expertise in this field.
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Page 6, City Council Regular Meeting, June 26, 2007
Motion by Whitesides, second by Carney to approve Resolution #200'-155. Upon roll call vote,
Councilmember's Zapata, Gericke, Whitesides, Haase, and Meyer voted aye. Councilmember's
Carney, Nickerson, Brown, and Gilbert voted no. Motion failed.
Motion by Gilbert, second by Carney to not negotiate directly with Northwestern Energy. Upon
roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Haase to apprave the Claims for the period of June 13, 2007
through June 26, 2007, for a total amount of $2,080,609.59. Motion adopted unanimously.
~` ;,
A~provin~ Payment of Claim Submitted by Howard Maxon:
Motion by Meyer to deny the claim submitted by Howard Maxon. Motion died due to lack of a
second.
Motion by Whitesides, second by Nickerson to adjourn to executive session at 8:20 p.m. for the
purpose of discussing the claim submitted by Howard Maxon. Upon roll call vote, all vote aye.
Motion adopted.
Motion by Whitesides, second by Gilbert to return to regular session at 8:50 p.m. Upon roll call
vote, all voted aye. Motion adopted.
Motion by Meyer, second by Whitesides to table the claim submitted by Howard Maxon to a
future date not yet determined. Upon roll call vote, all voted aye. Motion adopted.
SPECIAL ITEMS:
Motion by Meyer, second by Gericke to adjourn to executive session at 8:55 p.m. for the purpose
of updating the council on FOP and IBEW (Wastewater Treatment Plant) Union Contract
Negotiations. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION:
Motion by Meyer, second by Gericke to return to regular session at 9:45 p.m. Upon roll call vote,
all voted aye. Motion adopted.
ADJOL>)EINMENT: The meeting was adjourned at 9:45 p.m.
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RaNae Edwards
City Clerk