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09/09/2008 MinutesCITY OF GRAND ISLAND, NEBRASKA 11~NUTES OF CITY COUNCIL REGULAR MEETING September 9, 2008 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 9, 2008. Notice of the meeting was given in The Grand Island Independent on September 3, 2008. Mayor 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, Ramsey, Niemann, and Meyer. 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 Engineer Ron Underwood. INVOCATION was given by Pastor George Oxford, First Church of the Nazarene, 1022 West 6~' Street followed by the PLEDGE OF ALLEGIANCE. COMMUNICATION: Mayor Hornady introduced Community Youth Council members Sam Schneider and Kayla Harris along with Board Member, Officer Butch Hurst. Also welcomed were several FFA students. Mayor Hornady mentioned she received a letter of retirement from Fire Chief Jim Rowell effective October 24, 2008. PRESENTATIONS AND PROCLAMATIONS: Proclamation "Preparedness Month" September 2008. Mayor Hornady proclaimed the month of September 2008 as "Preparedness Month". Jon Rosenlund, Emergency Management Director was present to receive the proclamation. Proclamation "National Alcohol and Drug Addiction Recovery Month" Mayor Hornady proclaimed the month of September 2008 as "National Alcohol and Drug Addiction Recovery Month". Connie Holmes, Executive Director of the Central NE Council on Alcoholism and Addictions, Inc. and Randy See, coordinator of the Grand Island Substance Abuse Prevention Coalition were present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Harold E. & Kathv D. Carmichael. Jr. dba OK Liquor, 305 West Koenig Street for a Class "D" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "D" Liquor License had been received from Harold E. & Kathy D. Carmichael, Jr., dba OK Liquor, 305 West Koenig Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 11, 2008; notice to the general public of date, time, and place of hearing published on August 30, 2008; notice to the applicant of date,. time, and place of hearing mailed on August 20, 2008; along with Chapter 4 of the City Code. Staff made no recommendation. Sam Schneider, 405 Rosewood Circle and Lex Ann Roach, 609 South Cleburn Street spoke in Page 2, City Council Regular Meeting, September 9, 2008 opposition. Bill Kelly, Attorney for OK Liquor spoke in support. No further public testimony was heard. Public Hearin og n Request from Roadhouse Garage, Inc dba Roadhouse Garage & Grill, 2710 Diers Avenue Suite B for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "C" Liquor License had been received from Roadhouse Garage, Inc., dba Roadhouse Garage & Grill, 2710 Diers Avenue, Suite B. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 22, 2008; notice to the general public of date, time, and place of hearing published on August 30, 2008; notice to the applicant of date, time, and place of hearing mailed on August 25, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections and with the restrictions that Sarah Tjaden and Jeff Leo have no involvement in the operation of the business. Simon Jensen, 223 Cottage Street spoke in support. No further public testimony was heard. Public Hearing Concerning Acquisition of Utility Easement Located at 820 North Webb Road ~LBJM~LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 820 North Webb Road in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground electric cable and apad-mounted transformer to serve a new building. Staff recommended approval. No public testimony was heard. Public Hearing Concerning, Acquisition of Utility Easement Located at 4201 Gold Core Drive Scannell Properties #106, LLC). Gary Mader, Utilities Director reported that a utility easement was needed at 4201 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place underground electric cable and apad-mounted transformer to serve the new Federal Express building. Staff recommended approval. No public testimony was heard. Public Hearing, on Creation of Business Improvement District #6, Second Street. Wes Nespor, Attorney reported the Mayor and Council set preliminary boundaries and appointed an initial Board of Director for Business Improvement District #6. The next step in the process was to hold a public hearing to hear all protests and receive evidence for or against the District and to adopt the Ordinance formally creating the District. No public testimony was heard. Motion by Nickerson, second by Zapata that there were no protests filed for District #6. Upon roll call vote, all voted ayes. Motion adopted. Public Hearing,, on Creation of Business Improvement District #7, South Locust from Stollev Park Road to Highway 34. Wes Nespor, Attorney reported the Mayor and Council set preliminary boundaries and appointed an initial Board of Director for Business Improvement District #7. The next step in the process was to hold a public hearing to hear all protests and receive evidence for or against the District and to adopt the Ordinance formally creating the District. No public testimony was heard. Motion by Nickerson, second by Zapata that there were no protests filed for District #7. Upon roll call vote, all voted ayes. Motion adopted. Page 3, Ciry Council Regular Meeting, September 9, 2008 Public Hearing on General Pronertv Parkins District #2 (Ramps 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 $5,711,871, Parking District No. 2 at $9,000, and the Community Redevelopment Authority property tax at $475,000. No public testimony was heard. Public Hearin og n Request from~,rand Island Public Schools for a Conditional Use Permit for Concrete Parking Lot for Gates Elementary School Located at 2723 West Louise Street. Craig Lewis, Building Department Director reported Grand Island Public Schools had applied for a Conditional Use Permit to allow for the construction of a parking lot for Gates Elementary School located at 2723 West Louise Street. It was recommended council approve the conditional use permit with the condition that landscaping be provided in compliance with Section 36-102 of the Grand Island City Code. No public testimony was heard: Public Hearing for a Community Development Block Grant/Planning, Grant Application for Cornhusker Industrial Park. Joni Kuzma, Community Development Administrator reported the City was eligible to apply for Community Development Block Grant funding to formulate a development plan for the re-use of a 1,700 acre military munitions production facility into a regional industrial center at the Cornhusker Industrial Park (CAAP). The application consists of $75,000 funding from the Nebraska Department of Economic Development and $75,000 from the Department of Commerce, Economic Development Agency grant which had been secured. Marian Ferguson, 2808 Apache Road spoke in support. No further public testimony was heard. Public Hearing, for Ground Lease and Lease Purchase of Building Located on Property Owned Hall County Livestock Improvement Association (Former Park2 Jeff Pederson, City Administrator reported action steps were necessary to form a partnership with the community and Former Park to make possible the contribution of $5 million towards the $8.5 million required to becoming the new host of the Nebraska State Fair. Mr. Pederson stated negotiations had been on-going with Former Fark for agreements that would permit the construction of a building by the City at Former Park. Donald Dunn, Chairman of the Grand Island Chamber of Commerce, Marian Ferguson, 2808 Apache Road and Jay Vavricek, 2729 Brentwood Blvd. spoke in support. David Plautz, 4063 Manchester Road, Ray Ericson, 656 Joehnck Road, and Lewis Kent, 624 Meves Avenue spoke in opposition. No further 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 ordinances numbered: #9181 -Consideration of Water Rate Change for Fiscal Year 2008-2009 #9182 -Consideration of Amending Chapter 32 of the Grand Island City Code Relative to Size of Address Numbers #9183 -Consideration of Creation of Sanitary Sewer District No. 52b, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision #9184 -Consideration of Approving FY 2008-2009 Annual Single City Budget, The Annual Appropriations Bill Including Addendum # 1 Page 4, City Council Regular Meeting, September 9, 2008 #9185 -Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 #9186 -Consideration of Creating Business Improvement District #6, Second Street #9187 -Consideration of Creating Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 #9188 -Consideration of Sale of Old Fire Station No. 1 Located at 302 South Pine Street #9189 -Consideration of Occupation Tax on Food Services, Beverage Places and Restaurants 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 Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. #9181 -Consideration of Water Rate Change for Fiscal Year 2008-2009 Gary Mader, Utilities Director reported costs of materials necessary for the expansion, maintenance and operation of the water system had continued to increase. Ordinance #9181 included a rate increase of 3% in the 2008-2009 Water Department budget to keep pace with increasing costs. Motion by Carney, second by Nickerson to approve Ordinance #9181. City Clerk: Ordinance #9181 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 #9181 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 Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9181 is declared to be lawfully adopted upon publication as required by law. #9182 -Consideration of Amending Chapter 32 of the Grand Island City Code Relative to Size of Address Numbers #9183 -Consideration of Creation of Sanitary Sewer District No. 526, Extension of Sanitary Sewer to Serve Grand Island Plaza Subdivision Jim Rowell, Fire Chief reported Ordinance #9182 would amend Chapter 32 of the Grand Island City Code to require all street addresses placed on buildings to be 4 inch letters consistent with IFC regulations. Ron Underwood, Public Works Engineer reported Ordinance #9183 would create Sanitary Sewer District No. 526 in connection with the Capital Avenue widening project to serve the Grand Island Plaza Subdivision. Motion by Gilbert, second by Zapata to approve Ordinances #9182 and #9183. Page 5, City Council Regular Meeting, September 9, 2008 City Clerk: Ordinances #9182 and #9183 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 #9182 and #9183 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 #9182 and #9183 are declared to be lawfully adopted upon publication as required by law. #9184 -Consideration of Approving FY 2008-2009 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 David Spring, Finance Director reported this was the last step in the budget process and that the budget must be submitted to the state by September 20, 2008. Explained were changes to be included that were made to the budget during the budget work sessions. Discussion was held regarding the transfer of Fire Pension monies to the General Fund and the benefits of a $2 million bond if added to the budget. Motion by Nickerson, second by Brown to approve Ordinance #9184 as revised by Finance Director David Springer. Motion by Meyer, second by Gericke to amend the motion to include the $2 million bond proposal into the FY 2008-2009 Budget. Upon roll call vote, Councilmember's Meyer, Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember's Gilbert and Haase voted no. Motion adopted. City Clerk: Ordinance #9184 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 Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember'sMeyer, Gilbert and Haase voted no. Motion adopted. City Clerk: Ordinance #9184 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 Niemann, Ramsey, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember's Meyer, Gilbert and Haase voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9184 is declared to be lawfully adopted upon publication as required by law. #9185 -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 this was the annual Council action to establish the occupatian tax for Downtown Improvement and Parking District No. 1. FY 2008-2009 occupation tax factor was $.1480 per square foot and would provide taxes of $40,000. Page 6, City Council Regular Meeting, September 9, 2008 Motion by Zapata, second by Meyer to approve Ordinance #9185. City Clerk: Ordinance #9185 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 #9185 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 Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9185 is declared to be lawfully adopted upon publication as required by law. #9186 -Consideration of Creating Business Improvement District #6, Second Street #9187 -Consideration of Creating Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 Ordinances #9186 and #9187 related to the aforementioned Public Hearings. Motion by Meyer, second by Gericke to approve Ordinances #9186 and #9187. City Clerk: Ordinances #9186 and #9187 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 #9186 and #9187 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 #9186 and #9187 are declared to be lawfully adopted upon publication as required by law. #9188 -Consideration of Sale of Old Fire Station No. 1 Located at 302 South Pine Street Jim Rowell, Fire Chief reported Ordinance #9188 was for the sale of Old Fire Station No. 1 located at 302 South Pine Street to David C. Hill of Grand Island, Nebraska in the amount of $70,000. Chief Rowell explained the process of receiving and reviewing the three proposals submitted. Paul Warshauer, 217 North Locust Street spoke in opposition. City Clerk: Ordinance #9188 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, Niemann, Ramsey, Gilbert, Carney, Nickerson, Zapata and Brown voted aye. Councilmember's Gericke and Haase voted no. Motion adopted. City Clerk: Ordinance #9188 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, Niemann, Page 7, City Council Regular Meeting, September 9, 2008 Ramsey, Gilbert, Carney, Nickerson, Zapata and Brown voted aye. Councilmember's Gericke and Haase voted no. Motion adopted. Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9188 is declared to be lawfully adopted upon publication as required bylaw. #9189 -Consideration of Occupation Tax on Food Services, Beverage Places and Restaurants Jeff Pederson, City Administrator reported Ordinance #9189 would contribute to the requirement of LB 1116 for Grand Island to become the host City for the Nebraska State Fair to raise $8. S million. The rate imposed on businesses would be 1.S%. The following people spoke in support of the State Fair move to Grand Island: Donald Dunn, 72 Ponderosa Drive; Rich Milton, 109 E. Ashton Avenue, Ken Gnadt, 1610 Gretchen, and Jay Vavricek, 2729 Brentwood Blvd. Speaking in opposition was David Plautz, 4063 Manchester Road and Lewis Kent, 624 Meves Avenue. Motion by Carney, second by Ramsey to approve Ordinance #9189. Discussion was held concerning the total amount to be raised by the occupation tax. Dale Shotkoski, City Attorney stated an occupation tax was based on food sales. Funds would be put in the general fund and could be earmarked specifically for a building at Former Park for the Nebraska State Fair. David Springer, Finance Director stated the amount would be $5,062,500 with approximately 6'/z years to pay offthe lease purchase. A sunset provision was discussed. Motion by Meyer, second by Carney to amend the motion to include the principal amount of $5,062,500 and sunset when the debt is paid off. Upon roll call vote, all voted aye. Motion adopted. Discussion was held concerning the Escrow Agreement and process of moving this issue forward. Donald Dunn, 72 Ponderosa Drive commented Council could adopt the Ordinance tonight, but it would not be effective until December 1, 2008. Motion by Nickerson, second by Gilbert to postpone this issue to Thursday, September 11, 2008 Special Meeting. Upon roll call vote, Councilmember's Gilbert, Gericke, and Nickerson voted aye. Councilmember's Meyer, Niemann, Ramsey, Carney, Zapata, Haase, and Brown voted no. Motion failed. Upon roll call vote of the main motion with amendment, all voted aye. Motion adopted. CONSENT AGENDA: Motion by Zapata, second by Brown to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 26 2008 City Council Regulaz Meeting. Approving Request from Debra Waterman, 1116 Orange Road for Liquor Mana eg r Desi ng~ation for the United Veterans Club, 1914 West Capital Avenue. Page 8, City Council Regular Meeting, September 9, 2008 #2008 236 - Appraving Acquisition of Utility Easement Located at 820 North Webb Road (LBJM. LLC). #2008 237 Approving Acquisition of Utility Easement Located at 4201 Gold Core Drive Scannell Properties #106~LLCl. #2008 238 -Approving Bid Award for Burdick Cooling Tower Replacement with Midwest Towers Inc from Blue Sprites Missouri in an Amount of $1,015,050.00. #2008-239 - Approving Non Disclosure Agreement between the City of Grand Island and Northwestern Ener;¢y. #2008-240 - Approving,Change Order No 1 for Handicap Ramp Project 2008-1 with Galvan Construction, Inc of Grand Island~Nebraska for an Increase of $150.00 and a Revised Contract in the Amount of $31,773.32. #2008-241 -Approving Certificate of Final Completion for Handicap Ramp Project No. 2008-1 with Galvan Construction, Inc. of Grand Island. Nebraska. #2008-242 - Approving Bid Award for Street Improvement Project No. 2008-P-4, Concrete Pavement Repair on the Northbound Lanes of US Highway 281 from Old Potash Hi hwav to Capital Avenue with The Diamond Engineering Company of Grand Island Nebraska in an Amount of $153,620.00. #2008-243 -Approving. Supplemental Agreement #1 to the Agreement with Olsson Associates of Grand Island Nebraska for Construction En~yineering Services on Capital Avenue Widening Pro„~ect in an Amount not to exceed $35,000.00. #2008-245 -Approving Certificate of Final Completion for Law Enforcement Center with Chief Construction Co. of Grand Island Nebraska. #2008-246 - Approving Application for 2008 Transportation Enhancement Program Grant. #2008-247 -Approving Funding of Economic Development Corporation Request for Platte Valley Industrial Park (NWPS Rate Agreement Funds2in the Amount of $50,648.65. #2008-248 - Approvins Proposal for Property and General Liability .Insurance with EMC Insurance Company in an Amount of $703 851 for 2008-2009 with Subsequent Renewal O to ions. #2008-249 -Approving Certificate of Final Completion for New Fire Station No. 1 Construction with Tri Valle~Builders, Inc. of Grand Island. Nebraska. Page 9, City Council Regular Meeting, September 9, 2008 #2008-250 - Approvina Community Develo ment Block Grant/Plannin Grant A lication for Cornhusker Industrial Park. REQUESTS AND REFERRALS: Consideration of Request from Grand Island Public Schools for a Conditional Use Permit for Construction of Concrete Parking Lot for Gates Elementary School Located at 2723 West Louise Street. This item related to the aforementioned Public Hearing. Motion by Nickerson, second by Meyer to approve the request with conditions as presented at the Public Hearing regarding landscaping requirements. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2008-251 -Consideration of Request from Harold E. & Kathy D. Carmichael, Jr. dba OK Liquor, 305 West Koenig Street for a Class "D" Liquor License. This item related to the aforementioned Public Hearing. Discussion was held regarding stipulations that could be included on this license. Motion by Meyer, second by Gilbert to approve Resolution #2008-251 with the stipulation Mr. Carmichael attend a state approved alcohol server/seller training program and if his business has one violation of sale to a minor the license shall be cancelled. Upon roll call vote, Councilmember's Meyer, Gilbert, Carney, Nickerson and Brown voted aye. Councilmember's Niemann, Ramsey, Gericke, Zapata and Haase voted no. Mayor Hornady voted aye to break the tie. Motion adopted. #2008-252 -Consideration of Request from Roadhouse Garage. Inc. dba Roadhouse Garage & This item related to the aforementioned Public Hearing. Motion by Meyer, second by Haase to approve Resolution #2008-252 contingent upon final inspections and with the restrictions that Sarah Tjaden and Jeff Leo have no involvement in the operation of the business. Also approve the request for Liquor Manager designation from Simon Jensen, 642 4a' Street, Hampton, Nebraska contingent upon Mr. Jensen completing a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. #2008-253 -Consideration of Approving General Property, Parking District #2 (Ramp and Community Redevelopment Authority Tax Request. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Nickerson to approve Resolution #2008-253. Upon roll call vote, all voted aye. Motion adapted. #2008-254 -Consideration of Approving 1% Increase to the Lid Limit. David Springer, Finance Director reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on Page lo, City Council Regular Meeting September 9, 2008 the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues, property tax was the only revenue that the City could control. The increase in restricted funds authority using the 1% additional amount and the population growth (when available) was not an increase in budgeted revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a future year if necessary. Motion by Meyer, second by Gericke to approve Resolution #2008-254. Upon roll call vote, Councilmember's Meyer, Niemann, Ramsey, Gilbert, Carney, Gericke, Nickerson, Zapata and Brown voted aye. Councilmember Haase voted no. Motion adopted. #2008-255 -Consideration of Lease Purchase Agreement with Wells Fargo. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Carney to approve Resolution #2008-255. Discussion was held concerning the lack of information on the document. David Springer, Finance Director stated the interest rate today was 3.73% but would be the rate on the date the document was signed. Dale Shotkoski, City Attorney explained the remaining missing information would be filled in at the time the document was signed. Motion by Gilbert, second by Nickerson to postpone Resolution #2008-255 to Thursday, September l I, 2008 Special meeting. Upon roll call vote, Councilmember's Niemann, Gilbert, Carney, Gericke, Nickerson, and Haase voted aye. Councilmember's Meyer, Ramsey, Zapata and Brown voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Brown, second by Haase to approve the Claims for the period of August 21, 2008 through September 9, 2008, for a total amount of $2,000,438.46. Motion adopted unanimously. ADJOLIIZNMENT: The meeting was adjourned at 10:10 p.m. ~~~ ~ ~~~ RaNae Edwards City Cierk