01/27/2009 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 27, 2009
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 January 27, 2009. Notice of the meeting was given in The Grand Island Independent
on January 21, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Councilmember's Meyer, Nickerson, Zapata, Ramsey, Dugan, Carney, Haase,
Gilbert, Gericke, and Niemann. 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 Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Garrett Coble and Simon Walker and Board Member Randy See. Also mentioned was
the "Create Your Community" art contest at the Conestoga Mall this weekend. Mayor
commented on the successful pencil drive.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of StormReady Community. Steve Kisner and Steve Eddy, Meteorologist with the
National Weather Service were present to recognize the City of Grand Island as a StormReady
Community. Emergency Management Director Jon Rosenlund was present to receive the
recognition and thanked his staff and the community.
Proclamation "Census 2010". Mayor Hornady proclaimed full support of and participation in the
success of the "Census 2010". Steve Rein and Mike Santillanes with the Census Bureau were
present to receive the proclamation and present a video of the 2010 Census.
PUBLIC HEARINGS:
Public Hearing on Request from Vientiane Restaurant, LLC dba Vientiane Restaurant, 523 West
4t" Street for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "C" Liquor License had been received from Vientiane Restaurant, LLC
dba Vientiane Restaurant, 523 West 4t" Street. Ms. Edwards presented the following exhibits for
the record: application submitted to the Liquor Control Commission and received by the City on
January 5, 2009; notice to the general public of date, time, and place of hearing published on
January 17, 2009; notice to the applicant of date, time, and place of hearing mailed on January 5,
2009; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final
inspections. John Higgins, Attorney representing Vientiane Restaurant spoke in support. No
further public testimony was heard.
Public Hearin og_n Acquisition of Utility Easement Located at 1804 South Eddy Street Goodwill
Industries of Greater Nebraska, Inc.). Gary Mader, Utilities Department Director reported that a
Page 2, City Council Regular Meeting, January 27, 2009
utility easement was needed at 1804 South Eddy Street in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
easement would be used to place high voltage underground cable and apad-mounted transformer
to serve the increased load of Goodwill Industries. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3625 Old Potash Highwa~Hall
County, Nebraska/Hornady Family Limited Partnership). Gary Mader, Utilities Department
Director reported that a utility easement was needed on the east side of Hornady Manufacturing
Company at 3625 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 underground cable and apad-mounted transformer-to serve the increased electrical load at
the east building of Hornady Manufacturing. Staff recommended approval. No public testimony
was heard.
Public Hearing on Amendments to Chapter 36 of the City Code to the B2 General Business Zone
and AC Arterial Commercial Overlay Zone Re ag rdingLRecreation Vehicle Campgrounds and
Changes to Section 36-26 Projections from Buildings. Chad Nabity, Regional Planning Director
reported Rick Milton with the Rodeway Inn on South Locust Street had requested Council to
consider allowing campgrounds in the AC overlay district by conditional use permit. The AC
overlay district is located on both sides of South Locust between Former Park Road and U.S.
Highway 34.
The other change was for approval to change the language dealing with covered porches that
project into the required yard setbacks. The request was to revert back to language that covered
this issue prior to the 2004 Zoning Regulation changes. The older language accomplishes the
same end as the new language but would be easier to explain, implement and enforce. Staff
recommended approval. Rick Milton, 109 East Ashton Avenue spoke in support. No further
public testimony was heard.
Public Hearing Concerning Budget Amendment. Dave Springer, Finance Director reported that
discussion with the State Auditor's office had determined that a long standing procedure used in
the budgeted appropriations calculation was not the preferred method and it would be
appropriate to amend the current year's budget and revise the process for future state budget
submittals. 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 ordinances numbered:
#9202 -Consideration of Amendments to Chapter 36 of the Grand Island City Code to
the B2 General Business Zone and AC Arterial Commercial Overlay Zone Regarding
Recreation Vehicle Campgrounds and Changes to Section 36-26 Projections from
Buildings
#9203 - Consideration of Budget Amendment
Page 3, City Council Regular Meeting, January 27, 2009
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.
Ordinances #9202 and #9203 related to the aforementioned Public Hearing.
Motion by Nickerson, second by Gericke to approve Ordinances #9202 and #9203. Comments
were made concerning campgrounds along South Locust Street. Craig Lewis, Building
Department Director answered questions regarding restrictions and time limits for conditional
use permits.
Motion by Gericke to table Ordinance #9202. Motion died due to lack of a second.
Discussion was held on Ordinance #9203 regarding the current number and amount of carry over
purchase orders. Finance Director Dave Springer explained the carry over's were for projects
still in progress and that all of the projects were legitimate.
Motion by Carney, second by Haase to lay on the table Ordinance #9203 to the February 10,
2009 meeting. Upon roll call vote, Councilmember's Niemann, Gilbert, Haase, Carney, and
Gericke voted aye. Councilmember's Meyer, Dugan, Ramsey, Zapata, and Nickerson voted no.
Mayor Hornady voted no. Motion failed.
Motion by Meyer, second by Dugan to refer Ordinance #9203 to the next available Study
Session. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert, Haase, Carney, Dugan,
Ramsey, and Gericke voted aye. Councilmember's Zapata and Nickerson voted no. Motion
adopted.
City Clerk: Ordinance #9202 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, Gilbert,
Haase, Carney, Dugan, Ramsey, and Nickerson voted aye. Councilmember's Meyer, Zapata, and
Gericke voted no. Motion adopted.
City Clerk: Ordinance #9202 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, Gilbert,
Haase, Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember's Meyer and
Gericke voted no. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9202 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent agenda item G-11 was pulled for further discussion. Motion by
Zapata, second by Gilbert to approve the Consent Agenda excluding item G-11. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of January 13, 2009 City Council Regular Meeting.
Approving Minutes of January 20, 2009 City Council Study Session.
Page 4, City Council Regular Meeting, January 27, 2009
Approving Appointments of John Mayer, Todd Morgan, Scott Kuehl, and Tom Cox to the
Firefighters Pension Committee.
Approving Appointments of Kelly Mossman, Danny Dubbs, Michael Nelson, and Janet Mead to
the Police Pension Committee.
Approving Final Plat and Subdivision Agreement for Pirnie First Subdivision. It was noted that
Tom and Sue Pirnie, owners had submitted the Final Plat and Subdivision Agreement for Pirnie
First Subdivision for the purpose of creating 2 lots east of Stuhr Road and north of Bismark Road
comprising of approximately 1.581 acres.
#2009-15 -Approving Acquisition of Utility Easement Located at 1804 South Eddy Street
(Goodwill Industries of Greater Nebraska, Inc.).
#2009-16 -Approving Acquisition of Utility Easement Located at 3625 Old potash Highway
(Hall County, Nebraska/Hornad Family Limited Partnership).
#2009-17 - Approving Agreement with the Nebraska Department of Roads for Relocation of a
Power Pole for Construction of the North Bound Lanes of U.S. Highway 281 from I-80 to
Nebraska Highway 2, North of Capital Avenue.
#2009-18 - Approving Bid Award for Twelve (12) Substation Communication Processors with
Kriz-Davis Company of Grand Island, Nebraska in an Amount of $110,937.60.
#2009-19 -Approving Bid Award for Water Main Project 2009-W-2 - Wellfield Well Header
Modifications (Materials Only) with Municipal Supply of Hastings, Nebraska in an Amount of
$29 986.67 and HD Supply of Omaha, Nebraska in an Amount of $82,273.41.
#2009-21 -Approving Maintenance Agreement Number 12 Renewal for 2009 with the Nebraska
Department of Roads.
#2009-22 -Approving Update to Resolution 2008-201; for Additional Repairs and Rental of
Electrical Switch Gear at the Waste Water Treatment Plant in an Amount not to exceed
#30,326.50.
#2009-23 - Approving Updates to Sections 3.11, 3.17, 3.23, 4.01, 4.11, and 4.12 of the
Personnel Rules.
#2009-20 - Approving Household Hazardous Waste Grant with Nebraska Department of
Environmental Quality Assistant to the City Administrator Paul Briseno answered questions
regarding two FTE's, costs, and funding for the five year grant. Mr. Briseno stated there were no
other facilities within the city that provided this kind of service. An Environmental Trust Grant
was submitted in November and if that is not approved then this facility would not go forward.
Motion by Nickerson, second by Gericke to approve Resolution #2009-20. Upon roll call vote,
all voted aye. Motion adopted.
Page 5, City Council Regular Meeting, January 27, 2009
REQUESTS AND REFERRALS:
Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning
Commission. Steve Riehle, Public Works Director reported on the process of having the
Regional Planning Commission act on the One & Six Year Street Improvement Program and
then bring their recommendations to the City Council. The City Council would act on this at
their February 10, 2009 Regular meeting.
Motion by Meyer, second by Haase to approve the referral of the One & Six Year Street
Improvement Plan to the Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
RESOLUTIONS:
#2009-24 -Approving Request from Vientiane Restaurant, LLC dba Vientiane Restaurant. 523
West 4th Street for a Class "C" Liquor License and Liquor Manager Designation for Chanh
Bandasack, 510 North White Street. This item related to the aforementioned Public Hearing.
Motion by Meyer, second by Ramsey to approve Resolution #2009-24 contingent upon final
inspections and upon Mr. Bandasack completing a state approved alcohol server/seller training
program. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Zapata to approve the Claims for the period of January 14, 2009
through January 27, 2009, for a total amount of $2,167,683.42. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
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RaNae Edwards
City Clerk