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12/02/2008 MinutesCITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 2, 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 December 2, 2008. Notice of the meeting was given in The Grand Island Independent on November 26, 2008. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Councilmember's Haase, Zapata, Nickerson, Gericke, Carney, Gilbert, Ramsey, Niemann and Meyer. Councilmember Brown 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. The PLEDGE OF ALLEGIANCE was said. MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council members Emily Michael and Lauren Cantrell. On behalf of the CYC the Mayor thanked the citizens for their support of the Pencil Project drive. PRESENTATIONS AND PROCLAMATIONS: Recognition of Danny Quick, Power Plant Maintenance Mechanic for the Utilities Department for 20 Years of Service with the City. Mayor Hornady and the City Council recognized Danny Quick, Power Plant Maintenance Mechanic for 20 years of service with the City. Gary Mader, Utilities Department Director commented on the job Dan has done as Power Plant maintenance mechanic. Danny Quick was present to receive the certificate. CITY COUNCIL REORGANIZATION: APPROVING MINUTES OF NOVEMBER 18, 2008 CITY COUNCIL MEETING. Motion by Meyer, second by Gericke, to approve the minutes of the November 18, 2008 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. ACCEPTANCE OF ELECTION CERTIFICATE: Motion by Gericke, second by Zapata, to accept the Election Certificate for the November 4, 2008 General Election. Upon roll call vote, all voted aye. Motion adopted. COMMENTS BY OUTGOING OFFICIALS: Councilmember Joyce Haase thanked the citizen's, administration, and fellow council members for their support during her 8 years in office. RECESS: The meeting recessed at 7:15 p.m. for the transition to the new governing body. The meeting reconvened at 7:20 p.m. ADMINISTRATION OF OATH TO NEWLY ELECTED MAYOR AND COUNCIL MEMBER'S: City Clerk RaNae Edwards administered the Oath of Office to newly elected Councilmember's Scott Dugan and Chuck Haase and returning Councilmember's Kirk Ramsey, Larry Carney, and Bob Niemann. Page 2, City Council Regular Meeting, December 2, 2008 SEATING OF NEWLY ELECTED MAYOR AND COUNCILMEMBER'S FOLLOWED BY ROLL CALL: The following members were present: Mayor Hornady, Councilmember's Meyer, Nickerson, Zapata, Ramsey, Dugan, Carney, Haase, Gilbert, Gericke, and Niemann. COMMENTS BY NEWLY ELECTED OFFICIALS: Newly elected Councilmember's Carney, Dugan, Haase, Ramsey, and Niemann thanked the citizens of Grand Island for the opportunity to serve as councilmember's. ELECTION OF CITY COUNCIL PRESIDENT: City Clerk RaNae Edwards reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill her duties. Councilmember Gericke nominated Councilmember Meyer. Motion by Carney, second by Gericke to cast a unanimous ballot for Councilmember Meyer as City Council President. Upon roll call vote, all voted aye. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Bosselman, Inc. dba Pump & Pantry #42 1235 Allen Drive for a Class "B" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "B" Liquor License had been received from Bosselman, Inc. dba Pump & Pantry #42, 1235 Allen Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 31, 2008; notice to the general public of date, time, and place of hearing published on November 22, 2008; notice to the applicant of date, time, and place of hearing mailed on November 12, 2008; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Wayne Davis, 917 East Sunset Avenue spoke in support. No further public testimony was heard. Public Hearing Concerning Acquisition of Utility Easement Located at 1203 Allen Drive -Eagle Run Shopping Center (Grand Island Venue, LLCM Gary Mader, Utilities Director reported that a utility easement was needed at 1203 Allen Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to add primary underground cable and conduit to a new pad-mounted transformer to provide electricity to the south end of the building. Staff recommended approval. 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 ordinance numbered: #9200 -Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals (This item was pulled from the agenda.) 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 this ordinance 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. Page 3, City Council Regular Meeting, December 2, 2008 Wes Nespor, Attorney for the City reported Ordinance #9200 would make changes to Chapter 5 of the Grand Island City Code relating to dogs to coincide with changes to the Nebraska Revised Statutes under Legislative Bill 1055. Discussion was held concerning running at large issues. Motion by Gilbert, second by Nickerson to approve Ordinance #9200. City Clerk: Ordinance #9200 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 #9200 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 #9200 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent agenda item G-3 was pulled for further discussion. Motion by Zapata, second by Carney to approve the Consent Agenda excluding item G-3. Upon roll call vote, all voted aye. Motion adopted. Approving Appointment of Kris Nolan Brown to Business Improvement District #4. Approving Appointment of Ray Aguilar to the Regional Planning Commission. #2008-332 -Approving Interlocal Agreement with Hall County for Juvenile Attention Services. #2008-333 -Approving Change Order No. 1 for Street Improvement Project No. 2008-P-4• Concrete Pavement Repair on the Northbound Lanes of US Highway 281 from Old Potash Highway to Capital Avenue with The Diamond En ing eerin~Co. of Grand Island, Nebraska for an Increase of $27 539.81 and a Revised Contract Amount of $181,159.81. #2008-334 -Approving Certificate of Final Completion for Street Improvement Project No. 2008-P- 4; Northbound Lanes of US Highway 281 from Old Potash hi hway to Capital Avenue with The Diamond Engineering Company of Grand Island, Nebraska. #2008-335 -Approving Certificate of Final Completion for Storm Drainage Project No. 2008-D-3• Driveway Culvert Replacement at Capital Avenue Outfall Ditch with The Diamond En ing_eering Company of Grand Island, Nebraska. #2008-336 - Approving Bid Award for Sidewalk District No. 1, 2007 with Galvan Construction Inc. of Grand Island, Nebraska for an Amount of $25,345.50. #2008-337 -Approving Installation of Stop Signs on independence Avenue at Sharma Street on Lariat Lane at Sharma Street, and on Sharma Street at Mansfield Road. #2008-338 -Approving, Acquisition of Utility Easement Located at 1203 Allen Drive - Ea le Run Shopping Center (Grand Island Venue, LLCZ #2008-339 - Approving Grant Contract Addendum with Nebraska Children and Families Foundation. Page 4, City Council Regular Meeting, December 2, 2008 #2008-340 - Approving Amendment #1 to the Agreement with The Schemmer Associates Inc of Lincoln, Nebraska for Preliminary En ing Bering Related to Safe Routes to School Program for the Walk to Walnut Project. #2008-341 - Approving State Contract for (3) 2009 Ford Crown Victoria Police Interceptors with Tincher Automall from Plattsmouth Nebraska for an Amount of $65 388 00 and (3) 2009 Dodge Chargers Police Pursuit Vehicles with Performance Dodge from Lincoln Nebraska in an Amount of $64,188.00. #2008-342 - Approving Interlocal Agreement for CANDO Drug Compact with Adams County Sheriff, Hastings Police Department, Buffalo County Sheriff Kearney Police Department Kearney County Sheriff, Minden Police Department Phelps County Sheriff Holdrege Police Department Franklin County Sheriff, Franklin Police Department and Hall Countv Sheriff #2008-343 -Approving Interlocal Agreement for SCALES Compact with Adams County Sheriff Hastings Police Department, Buffalo Countv Sheriff Kearney Police Department Holdrege Police Department, Phelps County Sheriff, Aurora Police Department and Hall County Sheriff #2008-344 - Approving Agreement with the Nebraska Game and Parks Commission for Use of Heartland Public Shootin Fg acility for Hunter Education Program. Approving Preliminary Plat for Fairway Crossing at Indianhead Golf Club. Chad Nabity, Regional Planning Director explained the sewer lines and capacity. Motion by Gilbert, second by Carney to approve the Preliminary Plat for Fairway Crossing at Indianhead Golf Club. Upon roll call vote, all vote aye. Motion adopted. RESOLUSTION: #2008-345 -Approving Request from Bosselman, Inc. dba Pump & Pantry #42 1235 Allen Drive for a Class "B" Liquor License and Liquor Manager Designation for Susan McAfee 1863 7"' Avenue, Dannebrog, Nebraska. This item related to the aforementioned Public Hearing. Motion by Nickerson, second by Meyer to approve the request from Bosselman, Inc. dba Pump & Pantry #42, 1235 Allen Drive for a Class "B" Liquor License contingent upon final inspections and the Liquor Manager designation for Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska contingent upon Ms. McAfee completing of a state approved alcohol server/seller training program. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Meyer, second by Nickerson to approve the Claims for the period of November 19, 2008 through December 2, 2008, for a total amount of $2,852,523.83. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. ~~~. ~~~ RaNae Edwards City Clerk