10/28/2008 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 28, 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 October 28, 2008. Notice of the meeting was given in The Grand Island Independent
on October 22, 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 Director Steve Riehle.
INVOCATION was given by Pastor Aaron Utecht, Evangelical Free Church, 2609 South Blaine
Street followed by the PLEDGE OF ALLEGIANCE.
COMMUNICATION: Mayor Hornady introduced Community Youth Council member Malorie
Meier.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Larry Christensen Electric Distribution Supervisor in the Utilities Department
for 35 Years of Service with the City of Grand Island. Mayor Hornady and the City Council
recognized Larry Christensen for 35 years of service in the Utilities Department. Gary Mader,
Utilities Director introduced Larry Christensen who was present to receive his certificate of
recognition.
Proclamation "Pulmonar~ypertension Awareness Month" November, 2008. Mayor Hornady
proclaimed the month of November 2008 as "Pulmonary Hypertension Awareness Month".
Kristi Veeder was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request from Kenneth and Amy Friesen for Conditional Use Permit for a
Parking Lot Located at 903 West Anna Street. Craig Lewis, Building Department Director
reported that Kenneth and Amy Friesen had applied for a Conditional Use Permit for a parking
lot at 903 West Anna Street. It was recommended council approve the conditional use permit
with the condition the existing building on the property be demolished in compliance with City
codes prior to any other construction of the proposed parking lot. Joel Huffinan, 913 West Anna
Street presented a petition with stipulations. Mr. Huffman spoke in support if stipulations were
met. No further public testimony was heard.
Public Hearing on Request from Geotechnical Services Inc. for Conditional Use Permit for
Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street
Craig Lewis, Building Department Director reported that Geotechnical Services on behalf of R D
& D, Inc. had applied to renew the Conditional Use Permit to allow for the continued use of a
Page 2, City Council Regular Meeting, October 28, 2008
soil vapor extraction trailer located at 417 North Sycamore Street. It was recommended council
approve the request for two years with the condition the required landscaping be replaced within
60. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 4220 Lariat Court (Jonathan R.
and Shannon K. Boehle). Gary Mader, Utilities Director reported that a utility easement was
needed at 4220 Lariat Court 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 conduit and secondary wire to provide additional electrical service and a street light
on the cul-de-sac. Staff recommended approval. No public testimony was heard.
Public Hearin og n Acquisition of Utility Easement Located Between 3305 and 3333 Old Potash
Highway (State of Nebraska Department of Roads Gary Mader, Utilities Director reported that
a utility easement was needed between 3305 and 333 Old Potash Highway in order to have
access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers. The easement would be used to place primary underground cable and apad-
mounted transformer to provide increased electrical service to the expanded Department of
Roadways building at 3305 Old Potash Highway. Staff recommended approval. No public
testimony was heard.
Public Hearing Concerning the Semi-Annual Report by the Citizens' Review Committee (CRC
on the Economic Development Program Plan. Dehn Renter, CRC President, 1820 N. Sherman
Court gave the semi-annual report. No public testimony was heard.
Public Hearing Concerning Annexation of Property Located at 908 East CaRital Avenue. Steve
Riehle, Public Works Director reported the property owner of 908 East Capital Avenue
petitioned Council to consider annexation of this property in order to hook up to city sewer
services. Council approval was recommended. No public testimony was heard.
Public Hearing on Request from Global Industries for Expansion of Easement on Propert
Owned by Eugene and Janice Penrose Located at 2810 East Highway 30. Craig Lewis, Building
Department Director reported this request was to modify or expand an existing easement to
accommodate construction of an addition onto the existing Global Industries manufacturing
facility located at 2928 East Highway 30. Council approval was recommended. No public
testimony was heard.
ORDINANCES:
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9195 -Consideration to Amend and Restate the City of Grand Island, Nebraska Police
Officers' Retirement System Plan and Trust
#9196 -Consideration to Amend and Restate the City of Grand Island, Nebraska
Firefighters' Retirement System Plan and Trust
#9197 -Consideration of Amendments to Chapters 10 and 22 of the Grand Island City
Code Relative to Cemetery and Parking in Front Yards
Page 3, City Council Regular Meeting, October 28, 2008
#9198 - Consideration of Annexation Property Located at 908 East Capital Avenue (First
Reading)
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.
Brenda Sutherland, Human Resources Director reported Ordinances #9195 and #9196 related to
changes recommended by Wells Fargo to maintain IRS compliance for the City's Police
Officer's and Firefighter's Retirement System Plan and Trust.
Wes Nespor, Attorney reported Ordinance #9197 was part of the process to update the City
Code. Mr. Shotkoski explained changes related to Chapter 10 clarifying provisions related to
cemetery grounds and role of the cemetery superintendent. Changes to Chapter 22 were
housekeeping.
Motion by Meyer, second by Niemann to approve Ordinances #9195, #9196, and #9197.
City Clerk: Ordinances #9195, #9196, and #9197 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: Ordinance #9195, #9196, and #9197 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 #9195, #9196, and #9197 are declared to be lawfully adopted upon publication as
required by law.
#9198 - Consideration of Annexation Property Located at 908 East Capital Avenue (First
Reading)
Ordinance #9198 related to the aforementioned Public Hearing.
Motion by Meyer, second by Gericke to approve Ordinance #9198 on first reading. Upon roll
call .vote, 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 October 14, 2008 City Council Regular Meeting_
Approving Minutes of October 21, 2008 City Council Stud~Session.
Page 4, City Council Regular Meeting, October 28, 2008
Approving A~ointments of Phil Maltzahn, Mike Wanek, Cheryl Nietfeldt, Dallas Kime, RandX
Evans, Bill Raile, John Folsom, Bob Dodendorf, and Fred Groenke to Business Improvement
District No. 6 Board.
Approving Appointments of David Bartz, Gene McCloud, Bud Rasmussen, Rhonda Saalfeld,
Bill Lawrey, Jeff Reed, and Dan Naranjo to Business Improvement District No. 7 Board.
Approving Appointments of Matt Armstrong, Bruce Eberle, Craig Hand, Mark Stelk, Dee
Johnson, Tom Ziller, Mark Tracy, Kurt Haecker, and KC Hehnke to Business Improvement
District No. 8 Board.
Approving Request from Dominic Montavon, 2830 Fort Worth Avenue for Liquor Manager
Designation for Whiskey Creek Wood Fire Grill, 1016 Diers Avenue.
#2008-302 -Approving Community Oriented Police (COPS) Secure Our Schools Grant in the
Amount of $95,612.00 in Cooperation with the Grand Island Public Schools.
#2008-303 - Approving Acquisition of Utility Easement Located at 4220 Lariat Court (Jonathan
R. and Shannon K. Boehle).
#2008-304 - Annrovin~ Acauisition of Utility Easement Between 3305 and 3333 Old Potash
Highway~State of Nebraska Department of RoadsZ
#2008-305 -Approving Farm Management Authority (Tim Johnson) with Farmer's National
Company (FSA~
#2008-306 -Approving Settlement of $1,334.00 for Home Deferred Loan (Clifford H. NelsonZ
#2008-307 -Approving Semi-Annual Report by the Citizens' Review Committee on the
Economic Development Program Plan.
#2008-308 -Approving Continuation of Sanitary Sewer District No. 526, Extension of Sanitary
Sewer to Serve Grand Island Plaza Subdivision.
#2008-309 -Approving Bid Award for Repair of Concrete Surfaces of Odorous Air Scrubbing
Filter (Bio-Filter) at the Waste Water Treatment Plant with Mongan Painting Co. Inc. of
Cherokee, Iowa in an Amount of $41,481.29.
#2008-310 -Approving Request from Global Industries for Expansion of Easement on Property
Owned by Eugene and Janice Penrose Located at 2810 East Highway 30.
#2008-311 - Approvin Identity Theft Improvement Program.
RE UESTS AND REFERRALS:
Consideration of Request from Kenneth and Amy Friesen for Conditional Use Permit for a
Parking Lot Located at 903 West Anna Street. This item related to the aforementioned Public
Hearing.
Page 5, City Council Regular Meeting, October 28, 2008
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Discussion was held regarding the size of the parking lot and setback from Anna Street.
Motion by Gilbert, second by Haase to approve the request from Kenneth and Amy Friesen for a
Conditional Use Permit at 903 West Anna Street. Upon roll call vote, all voted aye. Motion
adopted.
Consideration of Request from Geotechnical Services, Inc. for Conditional Use Permit for
Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street.
This item related to the aforementioned Public Hearing.
Motion adopted.
Motion by Meyer, second by Brown to approve the request from Geotechnical Services, Inc. for
a Conditional Use Permit at 417 North Sycamore Street for two years with the stipulation that
required landscaping be replaced within 60 days of approval. Upon roll call vote, all voted aye.
Consideration from Electrical Board Recommending Revocation of Certificate of Registration
for Stevens Electric, 1316 South Sylvan. Craig Lewis, Building Department Director reported
the City Electrical Board had conducted a review of the past practices of Steven Electric
according to Chapter 15-46 of the Grand Island City Code and found justification for revocation
of Certificate of Registration. It was recommended that the certificate of registration be revoked
for a period of one year as prescribed in the City Code.
Craig Lewis, Building Department Director was sworn in by City Clerk RaNae Edwards.
Exhibits A through I were submitted to the Council and entered into the record. Mr. Lewis
reviewed and gave testimony of each violation.
Motion by Carney, second by Meyer to approve the revocation of Certificate of Registration for
Stevens Electric, 1316 South Sylvan for one year based on the record and findings presented.
Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Haase to approve the Claims for the period of October 15, 2008
through October 28, 2008, for a total amount of $3,399,918.62. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 8:15 p.m.
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RaNae Edwards
City Clerk