11/13/2007 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 13, 2007
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 November 13, 2007. Notice of the meeting was given in The Grand Island
Independent on November 7, 2007,
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember's Brown, Haase, Zapata, Nickerson, Gericke, Carney,
Gilbert, and Meyer. Councilmember Niemann was absent. The following City Officials were
present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David
Springer, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Pastor Rod Mohler, First Church of the Nazarene, 1022 West 6th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council
members Ben Robbins and Malorie Meier along with Board Member Randy See. Also
mentioned was the Community Services Award CYC received from the Community
Improvement Program for Family Day in the Park.
Mayor Hornady mentioned the Old Fashion Downtown Christmas event this Friday, November
16, 2007 from 5:00 p.m. to 8:00 p.m. and the Grand Island Unit of Parliamentarians meeting,
Wednesday, November 14, 2007 at 6:30 p.m.
PUBLIC HEARINGS:
Public Hearins on Request of JR Enterprises LLC dba JR Liquor. 624 West 4~' Street for a Class
"D" Liquor License. RaNag Edwards, City Clerk reported. that an application had been received
from JR Enterprises LLC dba JR Liquor, 624 West 4"' Street for a Class "D" Liquor License. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor Control
Commission and received by the City on October 15, 2007; notice to the general public of date, time,
and place of hearing published on November 3, 2007; notice to the applicant of date, time, and place
of heazing mailed on October 15, 2007; along with Chapter 4 of the City Code. Staff recommended
approval contingent upon final inspections. No public testimony was heard.
Public. Hearing on Request of Munoz R. Rodriguez. Inc. dba Zona Rosa Nightclub. 611 East 4~'
Street for a Class "C" Lic.Iuor License. RaNae Edwazds, City Clerk reported that an application had
been received from Munoz R. Rodriguez, Inc. dba Zona Rosa Nightclub, 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 October 18, 2007; notice to
the general public of date, time, and place of hearing published on November 3, 2007; notice to the
applicant of date, time, and place of heazing mailed on October 18, 2007; along with Chapter 4 of the
City Code. Staff recommended denial based on findings from the Nebraska Liquor Control Act Part
II Chapter 2 "Falsification of Application" 010.01 and code violations. Bill Francis, Attorney for
the applicant requested this item be withdrawn.
Page 2, City Council Regular Meeting, November 13, 2007
Public Hearing Concerning_Acquisition of Utility Easement Located at 1119 East 4"' Street (East
4a' Street Company -Alter Scrap Processing). Gary Mader, Utilities Director reported that
acquisition of a utility easement located at 1119 East 4a' Street was needed in order to have
access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers. This easement would be used to place primary underground electrical cables and a
pad-mounted transformer to provide electric service to a new building under construction at
Alter Scrap Processing. No public testimony was heard.
Public Hearing on Request from Chief Industries Inc. for a Conditional Use Permit for
Additional Parking and Use of a Rock or Crushed Concrete Surface for One Year Located at
1208 South Adams Street. Craig Lewis, Building Department Director reported that Chief
Industries, Inc. requested a conditional use permit to allow for additional parking and the use of a
rock or crushed concrete surface at 1208 South Adams Street. Mr. Lewis recommended approval
for a one year period of time with the following stipulations: 1) a landscape buffer of 20' along
the east boundary adjacent to Adams Street needed to be provided to comply with the landscape
requirements of the City Code, and; 2) the responsibility of controlling any dust created from the
lot needed to be addressed by the applicants during any dry months throughout the duration of
the use. Don Dunn, Attorney for Chief Industries spoke in support. John Niedfelt, 1028 S.
Adams spoke in support with concerns regarding drainage and pedestrian traffic. No further
public testimony was heard.
ORDINANCES
Councilmember Meyer moved "that the statutory rules requiring ordinances to be read by title on
three different days be suspended and that ordinances numbered:
#9142 -Consideration of Amending City Code Chapter 5 Relative to Animal Fee
Schedule
#9143 -Consideration of Amending City Code Chapter 8 Relative to Insurance
Requirements for Movers and Wreckers
#9144 -Consideration of Amending City Code Chapter 15 Relative to Electrical
Contractors Insurance Requirements
#9145 -Consideration of Amending City Code Chapter 18 Relative to Gas General
Rules
#9146 -Consideration of Amending City Code Chapter 26 Relative to Insurance
Requirements for Plumbing Water Conditioning Contractor
#9147 -Consideration of Amending City Code Chapter 31 Relative to Insurance
Requirements for Sing Hangers
#9148 -Consideration of Amending City Code Chapter 15 Relative to Power Cost
Adjustment
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 Zapata second the motion. Upon roll call vote, all voted aye_ Motion adopted.
Page 3, City Council Regular Meeting, November 13, 2007
Dale Shotkoski, City Attorney explained Ordinance #9142 which proposed a fee of $50 for
kennel inspection for a potentially dangerous animal and a $100 annual fee to keep a dangerous
animal on a person's property.
Craig Lewis, Building Department Director explained Ordinances #9143, #9144, #9145, #9146,
#9147 and #9148 would increase the limit of insurance covering the operation of registered
contractors in the are of building movers and wreckers, electrical contractors, water conditioning
contractors and sign installers. Also Chapter 18-25 would increase the time required to be in the
trade for apprentice and journeyman mechanical fitters.
Gary Mader, Utilities Director reported that if approved Ordinance #9148 would set the October
2007 power cost for purposes of computing the PCA at 22.14 mils per megawatt hour.
Motion by Gilbert, second by Zapata to approve Ordinances #9142, #9143, #9144, #9145,
#9146, #914?, and #9148.
City Clerk: Ordinances #9142, #9143, #9144, #9145, #9146, #9147, and #9148 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 #9142, #9143, #9144, #9145, #9146, #9147, and #9148 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
#9142, #9143, #9144, #9145, #9146, #9147, and #9148 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Consent agenda items G-13 and G-20 were removed for further
discussion. Motion by Haase, second by Gilbert to approve the Consent. Agenda exchiding items
G-13 and G-20. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 23, 2007 City Council Regular Meeting:
#2007-269 - Annrovinu Acauisition of Utility Easement Located at 1119 East 4a' Street (East 4`~
Street Company -Alter Scrap Processing).
#2007-270 -Approving the National Incident Management System (NIMS) as the Standard for
Incident Mana eg; ment.
#2007-271 -Approving Interlocal Agreement for Cooperative Public Safety Services with the
South Central Planning Exercise and training Re ion SCPETR).
#2007-272 -Approving State Bid Award for (1) 2008 Dodge Ram Pickup for the Emergency
Management Department with Lincoln Dodge, Inc. or Lincoln, Nebraska in an Amount of
$24,576.00.
}'age d, (:ity (`ouncii Regular Meeting, November 13, 2()07
#2007-273 - Approving Intergovernmental Agreement with _ the Nebraska Department of
Environmental Quality for Storm water Management Plan Pro .gram"
#2007-274 -Approving Change Order #1 for US Highway 30 and Public Safety Drive Signal
Proiect No. 2006-TS-1 with Ensley Electrical Services, Inc. of Grand Island, Nebraska for an
increase of $4,644.00 and a Revised Contract Amount of $90,479.60.
#2007-275 -Approving State Bid Award for (1) 2008 Ford F250 XI, 4x4 Pickup for the
En ing Bering Division of the Public Works Department with Anderson Ford Lincoln Mercury of
Lincoln, Nebraska in an Amount of $23,399.00.
#2007-276 - Approving Certificate of Final Completion for Handicap Ram~Project No. 2007-1
with Galvan Construction Inc. of Grand Island Nebraska.
#2007-277 -Approving State Bid Award for (1) '/a Ton Ford Pickup Truck for the Streets and
Transportation Division of the Public Works Department with Anderson Ford Lincoln Mercury
of Lincoln, Nebraska in an Amount of $22,090.00.
#2007-278 -Approving State Bid Award for ~) Ford Crown Victoria's Police Fleet Vehicles
with Anderson Ford of Grand Island Nebraska in an Amount of $130 374.00.
#2007-279 - Approving Contract for Council Chamber AudioNideo/Votin~ S~rstem Equipment
Up;;rade with AVI Systems of Omaha, Nebraska in an Amount of $107.948.00.
#2007-281 -Approving Amendment to the 2007/2008 Fee Schedule.
#2007-282 - Approving_Change Order #2 -Water Main District 455 -Park-View Area with
Starostka Group Unlimitedz Inc. of Grand Island, Nebraska to Extend the Warranty Period on the
Backfill for Three Years at not Additional Cost.
#2007-283 - Approving Bid Award for Uniform Rental for Utilities and Public Works
Employees with Paramount Linen and Uniform of Kearney, Nebraska in an Amount of
$23,150.14 Annually..
#2007-284 -Approving Change Order #1 for Boiler Inspection and Repair Contract with W-S
Mechanical Group. LLC of Council Bluffs, Iowa for an Increase of $123,237.93 and a Revised
Contract Amount of $702,575.04.
#2007-285 -Approving Final Plat and Subdivision Agreement for Deadwood Second
Subdivision. It was noted that Kevin and Tammie Hulse, owners had submitted a Final Plat for
Deadwood Second Subdivision located south of W. Old Highway 30, between Johnstown Road
and Claude Raad. This proposes to create 2 lots on a tract of land comprising all of Lot Six (6),
Deadwood Subdivision consisting of approximately 4.652 acres. Councilmernber Gilbert voted
no.
#2007-286 -Approving State Bid Award for (1) 2008 Chevrolet Impala for the Building
Department with Sid Dillon Chevrolet-Buick-Pontiac of Wahoo, Nebraska in an Amount of
$15, 597.00.
Page 5, City Council Regular Meeting, November 13, 2007
#2007-288 -Approving State Bid Award for Portable Radios for the Fire Department with Platte
Valley Communications of Grand Island Nebraska in an Amount of $43,255.10.
#2007-289 -Approving Right-of-Wav Acquisition Certification for Capital Avenue Widening
Proiect.
#2007-280 -Approving Contract for Electric Load Profiling; & Cost of Service Study with
Christensen Associates of Madison Wisconsin in an Amount not to exceed $200,000.00. Gary
Mader explained the study was substantially different than the economic study done in 2004.
This study would be a cost of service study.
Motion by Gilbert, second by Haase to approve Resolution #2007-280. Upon roll call vote, all
voted aye. Motion adopted.
#2007-287 - Annrovina Reallocating $250,000.00_ within the General Fund for the Purpose of
the Law Enforcement Center Costs in Excess of Budget. Ryan Greenwood, 3324 Primrose Drive
spoke about concerns of increasing taxes to cover this expense. Steve Lamken, Police Chief
explained the reasan far the extra expense. It was mentioned this money was a reallocation of
funds.
Motion by Zapata, second by Brown to approve Resolution #2007-287. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Chief Industries Inc for a Conditional Use Permit for Additional
Parking and Use of a Rock or Crushed Concrete Surface for One Year Located at 1208 South
Adams. Street. Craig Lewis, Building Department Director reported this item related to the
aforementioned Public Hearing. Discussion was held concerning the pedestrian crossing.
Motion by Gilbert, second by Haase to approve the request from Chief Industries, Inc. for a
Conditional Use Permit for a one year period of time with the following conditions: 1) a
landscape buffer of 20' along the east boundary adjacent to Adams Street needed to be provided
to comply with the landscape requirements of the City Code, and; 2) the responsibility of
controlling any dust created from the lot needed to be addressed by the applicants during any dry
months throughout the duration of the use. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2007-290 -Consideration of Request of JR Entemrises LLC dba JR Liquor, 624 West 4`1i Street
for a Class "D" Liquor License and Liquor Manager Designation for Judy Sheeks-Rivas, 3207
East Seedling Mile Road. RaNae Edwards, City Clerk reported this item related to the
aforementioned Public Hearing.
Motion by Gilbert, second by Gericke to approve Resolution #2007-290. Upon roll call vote, all
voted aye. Motion adopted.
Page 6, City Council Regular Meeting, November 13, 2007
#2007-291 -Consideration of Approving Request of Munoz R. Rodri uez. Inc. dba Zona Rosa
Nightclub 611 East 4a' Street for a Class "C" Liquor License and Liquor Mana er Desi ng ation
for E1sLRamos, 243 South Sycamore. This item was withdrawn at the request of the applicants
attorney.
#2007-292 -Consideration of Desianatina Old Fire Station No. 1 as Surplus. Provertv and
Directing Method of Disposal. Jim Rowell, Fire Chief reported that Fire Station 1 located at 302
South Pine was replaced by the new fire station at 409 East Former Park Road. Chief Rowell
explained two general approaches to the sale of this kind of real estate was either auction or
request for proposals which could include a business plan and schedule for the project.
Motion by Meyer, second by Carney to approve Resolution #2007-292.
Discussion was held concerning the method of disposal. Dale Shotkoski, City Attorney explained
the sale would be subject to a remonstrance similar to the old City Hall building.
Motion by Meyer, second by Brown to amend the motion to direct the method of disposal
through the Request for Proposal process including a business plan and a timeline. Upon roll call
vote, all voted aye. Motion adopted.
Upon roll call vote of the main motion including the amendment, Councilmember's Brown,
Haase, Zapata, Nickerson, Carney, Gilbert, and Meyer voted aye. Councilmember Gericke voted
no. Motion adopted.
#2007-293 -Consideration of Northwestern's Application for Natural Gas Rate Adjustment.
Dale Shotkoski, City Attorney reported that the cities of Grand Island, Kearney, North Platte and
the Village of Aida were in negotiations with Northwestern and had agreed to an adjustment for
new natural gas rates. Mr. Shotkoski explained the surcharge fee in the amount of $86,000
annually to be used for economic development purposes.
Jim Hartman, 4153 Driftwood Drive representing Northwestern discussed the surcharge fee.
Motion by Gilbert, second by Haase to approve Resolution #2007-293 with the economic
development surcharge. Upon rail call vote, Councilmember's Brown, Gericke, Carney, Gilbert,
and Meyer voted yes. Councilmember's Haase, Zapata, and Nickerson voted no. Mayor Hornady
voted aye. Malian adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Haase to approve the Claims for the period of October 24, 2007
through November 13, 2007, for a total amount of $6,986,178.13. Motion adopted unanimously.
Motion by Brown, second by Haase to approve the following Claims for the Library Expansion
for the Period of October 24, 2007 through November 13, 2007:
#93 $1,440.00
#94 $645.00
#95 $2,065.35
Page 7, City Council Regular Meeting, November 13, 2007
#96 $1,486.50
#97 $152,855.06
#98 $410.00
Total $158,901.91
Motion adopted unanimously.
ADJOURN TO EXECUTIVE SESSION:
Motion by Meyer, second by Haase to adjourn to executive session at 8:30 p.m. for the purpose
of discussing FOP, IAFF, and IBEW union negotiations and real estate acquisition for Capital
Avenue condemnation. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION:
Motion by Meyer, second by Brown to return to Regular Session at 10:10 p.m. Upon roll call
vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
Q r1~. ~
RaNae Edwards
City Clerk
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