06-30-2009 City Council Special Meeting PacketCity of Grand Island
Tuesday, June 30, 2009
Special Meeting Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item E1
Public Hearing Concerning Ground Lease to the Nebraska State
Fair for Land Located Near Fire Station 1, Grand Island, Nebraska
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: June 30, 2009
Subject: Public Hearing Concerning Ground Lease to the
Nebraska State Fair for Land Located Near Fire Station
1, Grand Island, Nebraska
Item #’s: E-1 & I-1
Presenter(s): Jeff Pederson, City Administrator
Background
On May 12, State Fair Board Vice-Chairman appeared before the City Council requesting
access to City land located South of Fire Station No.1 for construction of an
approximately 30,000 sq. ft. building to be used for offices and exposition space for the
Nebraska State Fair.
The City and the State Fair Board have undertaken a process to negotiate a Ground Lease
for the purpose of accommodating the request of the Fair Board. The Lease includes area
sufficient for both a building and an adjacent parking lot.
Discussion
It is believed that this development will enhance the future location of the Nebraska
Firefighters Memorial to be located to the South of the Building. The Memorial
Committee and the State Fair Board have had an initial meeting to discuss the co-
location, and it is expected that the parties will meet again and reach formal accord prior
to this meeting.
A Resolution to approve the Ground Lease is included on the Agenda.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
5.
Recommendation
City Administration recommends that the Council approve the Ground Lease.
Sample Motion
Move to approve the Ground Lease between the Nebraska State Fair Board and the City
of Grand Island, Nebraska.
Item F1
#9223 - Consideration of Assessments for 2008 Weed and Nuisance
Abatement Program (Second and Final Reading)
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Wes Nespor
City of Grand Island City Council
Council Agenda Memo
From: Wesley D. Nespor, Attorney
Meeting: June 30, 2009
Subject: Assessment Ordinance for
2008 Weed Abatement Program
Item #’s: F-1
Presenter(s): Wesley D. Nespor, Attorney
Background
At the last Council meeting a Board of Equalization Resolution was passed finding the
amount of special benefits to certain properties for weed and nuisance abatement.
Because there were not eight members present, the rule requiring three readings of the
Ordinance assessing costs could not be suspended. The matter now comes before Council
for further reading or passage if Council decides to suspend the rules.
Discussion
The Ordinance has been amended from first reading to omit two of the properties. It has
been discovered that those two parcels changed ownership by trust deed sale prior to the
beginning of the assessment process.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Adopt the Ordinance as amended.
2. Take no action.
Recommendation
City Administration recommends that the Council suspend the rules and adopt the
Ordinance as amended.
Sample Motion
Move to adopt the Ordinance as amended levying special assessments for year 2008
nuisance and weed abatements.
Approved as to Form ¤ ___________
June 26, 2009 ¤ City Attorney
ORDINANCE NO. 9223
An ordinance levying a special tax to pay the cost to the City of removing
nuisances, cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to
the Grand Island City Code upon certain lots and pieces of ground; providing for the collection
thereof; and providing for the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A special tax is hereby levied for the cost of removing nuisances,
cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter
described lots and pieces of ground during the 2008 season in proportion to the special benefits
to such real estate as determined and assessed by the City Council sitting as a Board of
Equalization after due notice thereof, in the following amounts:
Name/Address Location Description Assessment
Juanita Roman Life Estate
Robert S. and Frank S. Roman
808 E. 5th Street
Grand Island, NE 68801
808 E. 5th Street
Lot 7, Block 4, Evans Addition,
City of Grand Island, Hall
County, Nebraska
$115.00
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9223 (Cont.)
- 2 -
Ronald L. Hulme
PO Box 33
Miller, NE 68858
616 E. Yund Lot 7, Block 145, Union Pacific
Railway 2nd Addition, City of
Grand Island, Hall County,
Nebraska
$240.00
Liobardo Rivera & Efrain Lazarin
c/o MGC Mortgage Inc.
7195 Dallas Parkway
Plano, TX 75024
1213 N. Cherry Lot 4, Block 2, George's Loan
Subdivision, City of Grand
Island, Hall County, Nebraska
$125.00
Warren G & Ruth Alleen Bosley
c/o Matthew M. Bosley Cons
1212 15th Street
Lincoln, NE 68502
1515 W. 1st Street
Lot 3, Block 20, Kernohan &
Decker's Addition, City of
Grand Island, Hall County,
Nebraska
$100.00
Franklin Credit Management
101 Hudson St., Fl 6
Jersey City, NY 073021
331 E. Hall Street
Lot 126, Buena Vista
Subdivision, City of Grand
Island, Hall County, Nebraska
$115.00
M & L Investments LLC
1819 N. Custer Avenue
Grand Island, NE 68803
917½ W. 12th Street
S52' of Lot 4, Block 49, Russell
Wheeler's Addition, City of
Grand Island, Hall County,
Nebraska
$105.00
SECTION 2. Such special tax shall be due and payable to the City thirty (30)
days after such levy and shall become delinquent fifty (50) days after such levy. After the same
shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon.
The same shall be collected in the same manner as other city taxes.
SECTION 3. Such special taxes shall be collected by the Finance Director of the
City of Grand Island, Nebraska, as provided by law.
SECTION 4. Such special taxes, if not previously paid, shall be certified to the
County Clerk at the same time as the next certification for general revenue purposes.
SECTION 5. Such special taxes, when received, shall be applied to reimburse the
general fund.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 9223 (Cont.)
- 3 -
Enacted: June 30, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9224 - Consideration of Amendment to Chapter 23-79 of the
Grand Island City Code Relative to Food Services, Drinking
Places, and Restaurant Tax (Second and Final Reading)
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: June 30, 2009
Subject: Amendment to Chapter 23-79 of the Grand Island City
Code Relative to Food Services, Drinking Places, and
Restaurant Tax
Item #’s: F-2
Presenter(s): Jeff Pederson, City Administrator
Background
On September 9, 2008, the City Council passed Ordinance No. 9189, instituting a 1.5%
occupation tax on prepared food and non-alcoholic beverages. The Ordinance contains a
Sunset provision that limits the duration of the tax to the collection of $5,062,500. The
money will be used to service a Lease Purchase Agreement with Wells Fargo whereby
the City of Grand Island will own a recreational building on the grounds of Fonner Park
that will serve as an Exposition Building during the annual run of the Nebraska State
Fair.
With the revelation in October of 2008 that athletic fields presently located at Fonner
Park would be lost due to parking needs for the State Fair, the City began a planning
process to replace/relocate the softball and soccer facilities from that site. Subsequently, a
long-term Lease was approved with the State of Nebraska for 78 acres of land associated
with the State Veterans Home that is located North of HW-2 and West of Broadwell
Street. The Parks & Recreation Department, in cooperation with the State Fair Board,
formulated a Master Plan for athletic facilities on the site that includes a Phase 1
component for replacement of existing facilities at a projected cash cost of $1.5m. The
City Council has participated in two Study Sessions in review of the site development
Plan.
Discussion
This Ordinance was presented to the City Council on June 23, and was passed on first
reading following an amendment that set the amount of money to be generated for
athle tic fields at $1.6m. The purpose of the additional $100,000 is to provide additional
funds to insure the construction of a fourth softball field and an additional full-size soccer
field as part of Phase 1 of the Athletic Complex project. The Sunset provision of the
Ordinance will now be expanded to add $1.6m to the amount of $5,062,500 that is now in
place.
This proposed Ordinance amending Ordina nce No. 9189 to allow up to $1.6 of revenue
from the Occupation Tax to be utilized for athletic fields development is now before the
Grand Island City Council on Second Reading. Should a minimum of eight City Council-
members be present at the meeting, the Rules can be suspended to allow passage on third
and final reading at this meeting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council pass Ordinance No. 9224, amending
Ordinance No. 9189 to provide revenue for the funding of replacement athletic fields on
the Veterans Home site. It is further recommended that the Rules be suspended and the
measure be passed on third and final reading.
Sample Motion
Move to approve Ordinance No. 9224 on second reading and suspend the Rules to
approve it on Third and Final reading.
Approved as to Form ¤ ___________
June 26, 2009 ¤ City Attorney
ORDINANCE NO. 9224
An ordinance to amend Grand Island City Code Chapter 23, Section 23-79,
pertaining to food services, drinking places and restaurant tax, to repeal any ordinance or parts of
ordinances in conflict herewith; and to provide for publicatio n and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 23-79 of the Grand Island City Code is hereby amended to
read as follows:
Article VII.
FOOD SERVICES, DRINKING PLACES, AND RESTAURANT TAX
§23-79. Sunset Provision.
The occupation tax imposed by this Article shall terminate and collection of the tax shall
cease upon the completion of the following:
(A) The City meeting all of its financing obligations with Wells Fargo Brokerage
Services, L.L.C. and all debt obligations in the principal amount of Five Million Sixty-Two
Thousand Five Hundred and No/100 Dollars ($5,062,500.00) and releases from Wells Fargo
Brokerage Services, L.L.C. are obtained; and
(B) Recreatio nal field development in the amount of $1.6 million on the property
described as follows:
A TRACT OF LAND LOCATED IN PART OF THE EAST HALF (E1/2) OF
SECTION FIVE (5), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9)
WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA,AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
EAST QUARTER (E1/4) CORNER OF SECTION 5-T11N-R9W; THENCE ON
AN ASSUMED BEARING OF N88°50'06"W UPON THE SOUTH LINE OF
THE NORTHEAST QUARTER (NE1/4) OF SAID SECTION 5 A DISTANCE
OF 40.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING
ON THE WESTERLY RIGHT-OF-WAY (ROW) LINE OF BROADWELL
AVENUE; THENCE S00°51'43"W UPON AND ALONG SAID WESTERLY
ROW LINE A DISTANCE OF 179.46 FEET; THENCE N88°10'08"W A
DISTANCE OF 254.75 FEET; THENCE S29°09'23"W A DISTANCE OF
250.49 FEET; THENCE N88°50'06"W PARALLEL WITH SAID SOUTH LINE
ORDINANCE NO. 9224 (Cont.)
- 2 -
OF NE1/4 A DISTANCE OF 1,748.67 FEET; THENCE N00°37'43"E A
DISTANCE OF 397.71 FEET TO SAID SOUTH LINE OF THE NE1/4;
THENCE N00°37'43"E A DISTANCE OF 1,233.17 FEET; THENCE
S88°25'59"E A DISTANCE OF 69.05 FEET; THENCE N00°43'20"E A
DISTANCE OF 59.94 FEET; THENCE S88°21'19"E A DISTANCE OF 259.64
FEET; THENCE S88°20'18"E A DISTANCE OF 498.58 FEET; THENCE
S88°24'58"E A DISTANCE OF 1,150.41 FEET TO A POINT BEING ON SAID
WESTERLY ROW LINE OF BROADWELL AVENUE, SAID POINT ALSO
BEING THE WESTERLY LINE OF NEBRASKA STATE ROW DESCRIBED
IN STATE OF NEBRASKA DEPARTMENT OF ROADS DOCUMENT NO.
93-104239, RECORDED MAY 26, 1993, REGISTER OF DEEDS, HALL
COUNTY, NEBRASKA; THENCE S11°16'37"E UPON AND ALONG SAID
WESTERLY ROW LINES OF BROADWELL AVENUE AND STATE DEED
A DISTANCE OF 212.80 FEET; THENCE S00°38'41"E UPON AND ALONG
SAID WESTERLY ROW LINES A DISTANCE OF 489.24 FEET; THENCE
S20°27'26"E UPON AND ALONG SAID WESTERLY ROW LINES A
DISTANCE OF 243.20 FEET; THENCE S00°00'05"E UPON AND ALONG
SAID WESTERLY ROW LINES A DISTANCE OF 354.81 FEET TO THE
POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA
OF 3,414,493.776 SQUARE FEET OR 78.39 ACRES MORE OR LESS.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 30, 2009.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of June 23, 2009 City Council Regular Meeting
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 23, 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 June 23, 2009. Notice of the meeting was given in The Grand Island Independent on
June 17, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Meyer, Gilbert, Carney, Dugan, Ramsey, Nickerson, and Gericke.
Councilmember’s Haase, Niemann, and Zapata were 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 Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Ava Mackey and Zach Stauffer, along with Board Member Celine Stahlnecker.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Meyer, second by Ramsey, carried
unanimously to adjourn to the Board of Equalization.
#2009-BE-2 – Consideration of Determining Benefits for 2008 Weed and Nuisance Special
Assessments. Wes Nespor, Assistant City Attorney reported that under Chapter 17 of the Grand
Island City Code, the City had several properties which were not mowed of which the City
contracted to have taken care of. The City also removed rotted foodstuffs from a garage pursuant
to Court order. The City Council in its’ capacity as the Board of Equalization was required to
determine the benefits for the 2008 Weed Abatement Program and nuisance abatement.
Motion by Meyer, second by Nickerson to approve Resolutions #2009-BE-2. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Meyer, second by Ramsey, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Alm, LLC dba Senor Lucky’s, 115 West 3rd 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 Alm, LLC dba Senor Lucky’s, 115 West 3rd Street. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on June 3, 2009; notice to the general public of
date, time, and place of hearing published on June 13, 2009; notice to the applicant of date, time,
and place of hearing mailed on June 3, 2009; along with Chapter 4 of the City Code. Staff
recommended approval contingent upon final inspections. Tom Wagoner, attorney for the
applicant spoke in support. No further public testimony was heard.
Page 2, City Council Regular Meeting, June 23, 2009
Public Hearing on Request from Mama Ines, Inc. dba Mama Ines, 384 North Walnut Street for a
Class “I” Liquor License. Pulled at request of applicant ’s attorney.
Public Hearing on Request from Hooker Bros. Sand & Gravel for a Conditional Use Permit for a
Sand and Gravel Operation Located at 3947 South Locust Street. Craig Lewis, Building
Department Director reported that Hooker Bros. Sand & Gravel had submitted a request for a
conditional use permit to allow for a sand and gravel operation at 3947 South Locust Street. Staff
recommended approval with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
2). CLOSURE: A closure statement identifying improvements to the property after the closing
of the sand and gravel operation has been provided along with the application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained between the pumping
operations and a finished developable width of 150’ shall be provided.
(c).Pumping and other activities (including lighting) at the site shall be limited to 6:00am to
10:00pm Monday through Saturday, no Sunday operation.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Eme rgency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. No
product, material or equipment shall be stored within any easement or in such a manor that it
would violate any safety provisions of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel from the premises over and across
any public highway or road unless said sand and gravel is complete dry and free from water or is
hauled in trucks which are designed and equipped so as to prevent water from leaking onto the
traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
Page 3, City Council Regular Meeting, June 23, 2009
(l). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational.
Jeff Hooker, 3615 Palomino Place spoke in support. No further public testimony was heard.
Public Hearing for Program Income Reuse Funds Application. Joni Kuzma, Community
Development Administrator reported that the City of Grand Island maintains a revolving loan
fund comprised of recaptured monies from Community Development Block Grant (CDBG)
Economic Development loans. The Grand Island Area Economic Development Corporation
submitted an application to the Reuse Committee requesting $4,995.00 of Revolving Loan funds
to update a previously completed Storm Sewer Drainage study for the Platte Valley Industrial
Park. Staff recommended approval. No public testimony was heard.
Public Hearing for a Disaster Recovery Program Community Development Block Grant. Joni
Kuzma, Community Development Administrator reported that the City of Grand Island was
requesting a Disaster Recovery Grant for $803,500.00, plus $40,175.00 in General
Administration, for installation of a sanitary sewer interceptor and sewer main collection system
upgrade to address an urgent community development need that occurred as a result of high
ground water levels and flooding between May 22 and June 24, 2008. Staff recommended
approval. No public testimony was heard.
ORDINANCES:
#9223 – Consideration of Assessment for 2008 Weed and Nuisance Abatement Program
(First Reading)
#9234 – Consideration of Amendments to Chapter 23-79 of the Grand Island City Code
Relative to Food Services, Drinking Places, and Restaurant Tax (First Reading)
Ordinance #9223 related to the aforementioned Board of Equalization item.
Motion by Meyer, second by Nickerson to approve Ordinance #9223 on first reading. Upon roll
call vote, all voted aye. Motion adopted.
City Administrator Jeff Pederson reported that Ordinance #9232 would amend Chapter 23-79 of
the Grand Island City Code to allow up to $1.5 million of revenue from the Occupation Tax to be
utilized for the athletic fields development on the Veterans Home land that is under lease from
the State of Nebraska.
Motion by Ramsey, second by Gericke to approve Ordinances #9224 on first reading.
Motion was made by Carney to insert under Section (B) an “s” to the word “follow” and to insert
“for a total of $6,562,500” after $1.5 million. Motion died due to a lack of a second.
Discussion was held concerning the costs of Phase I for the fourth ball field and soccer fields’
relocation at the Veterans Home property. Parks and Recreation Director Steve Paustian stated
Page 4, City Council Regular Meeting, June 23, 2009
the ball fields shown in Phase I should be completed for the $1.5 million amount. Also
mentioned was a redesign of the parking lots. Comments were made about extending the
occupation tax in order to generate $100,000 more to cover expenses of the relocation. City
Attorney Dale Shotkoski answered questions from Council and stated the extra $100,000 would
not be applied towards the $1.5 million required to be certified by the City to the State of
Nebraska.
Motion by Nickerson, second by Dugan to amend the original motion to increase the amount to
$1.6 million. Upon roll call vote, Councilmember’s Meyer, Dugan, Ramsey, Nickerson, and
Gericke voted aye. Councilmember’s Gilbert and Carney voted no. Mayor Hornady cast the
deciding vote to approve. Motion adopted.
Upon roll call of the original motion, Councilmember’s Meyer, Dugan, Ramsey, Nickerson, and
Gericke voted aye. Councilmember’s Gilbert and Carney voted no. Mayor Hornady cast the
deciding vote to approve. Motion adopted.
CONSENT AGENDA: Consent Agenda item G-12 was pulled for further discussion. Motion by
Ramsey, second by Carney to approve the Consent Agenda excluding item G-12. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of June 9, 2009 City Council Regular Meeting.
Approving Minutes of June 16, 2009 City council Study Session.
#2009-138 – Approving Program Income Reuse Funds Application.
#2009-139 – Approving Disaster Recovery Program Community Development Block Grant
Application.
#2009-140 – Approving Recovery Act – Energy Efficiency and Conservation Block Grant
Application in the Amount of $199,000.
#2009-141 – Approving Bid Award for Handicap Ramp Project No. 2009-1 with Galvan
Construction Inc. of Grand Island, Nebraska in an Amount of $128,002.90.
#2009-142 – Approving Bid Award for Sanitary Sewer District No. 76 Replacement; Vine
Street, between Ashton Avenue and Koenig Street with The Diamond Engineering Company of
Grand Island, Nebraska in an Amount of $211,322.19.
#2009-143 – Approving Agreement with Union Pacific Railroad for Preliminary Engineering
Services Related to Quiet Zone Improvements in an Amount of $10,000.
#2009-144 – Approving Change Order #1 for Cooling Tower Piping Modifications at Burdick
Power Plant with Judds Brothers Construction Company of Lincoln, Nebraska in an Amount of
$14,910.02 and a Revised Contract Amount of $281,035.02.
#2009-145 – Approving 2009/2010 Fee Schedule.
Page 5, City Council Regular Meeting, June 23, 2009
#2009-146 – Approving 2009/2010 FTE’s.
#2009-147 – Approving 2009/2010 Outside Agencies Funding. The following people spoke
against the decrease in funding proposed:
· Annette Schimmer, 4287 Monitor Road – Crisis Center
· Dennis Leonard, 3828 Rochdale Circle – Crisis Center
· Cindy Hoffman, 913 West Anna Street – Crisis Center
· Lori Knippelmeyer, 519 East 16th Street – Crisis Center
· Thokozile Gurganious, 3033 West Capital Avenue – Crisis Center
· Kelly Pederson, 4350 West Highway 30 – Crisis Center
· Alexis Larsen, Ravenna, Assistant Executive Director for the Crisis Center
· Melissa Delay, 610 West Division – Hope Harbor
· Paul Briseno, 1725 Freedom Drive – Multicultural Coalition
· Karen Rathke, 109 Ingalls Road, Cairo – President of United Way
Discussion was held regarding how this list came about. Comments were made by Council
concerning other agencies that were not included but were of value to the community. Concerns
were mentioned regarding the Health Department and Clean Community Systems which had no
reduction.
Motion by Dugan, second by Carney to approve Resolution #2009-147. Upon roll call vote,
Councilmember’s Gilbert, Dugan, Ramsey, Nickerson, and Gericke vote aye. Councilmember’s
Meyer and Carney voted no. Mayor Hornady cast the deciding vote to approve. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Hooker Bros. Sand & Gravel for a Conditional Use Permit for a
Sand and Gravel Operation Located at 3947 South Locust Street. This item related to the
aforementioned Public Hearing.
Motion by Nickerson, second by Meyer to approve the request from Hooker Bros. Sand &
Gravel for a Conditional Use Permit for a sand and gravel operation located at 3947 South
Locust Street with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
2). CLOSURE: A closure statement identifying improvements to the property after the closing
of the sand and gravel operation has been provided along with the application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained between the pumping
operations and a finished developable width of 150’ shall be provided.
Page 6, City Council Regular Meeting, June 23, 2009
(c).Pumping and other activities (including lighting) at the site shall be limited to 6:00am to
10:00pm Monday through Saturday, no Sunday operation.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. No
product, material or equipment shall be stored within any easement or in such a manor that it
would violate any safety provisions of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel from the premises over and across
any public highway or road unless said sand and gravel is complete dry and free from water or is
hauled in trucks which are designed and equipped so as to prevent water from leaking onto the
traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational.
Upon roll call vote all voted aye. Motion adopted.
RESOLUTIONS:
#2009-148 – Approving Request from Alm, LLC dba Senor Lucky’s, 115 West 3rd Street for a
Class “C” Liquor License and Liquor Manager Designation for Abbigal Meyer, 328 South Plum
Street. This item related to the aforementioned Public Hearing.
Motion by Meyer, second by Carney to approve Resolution #2009-148. Upon roll call vote,
Councilmember’s Meyer, Gilbert, Carney, Dugan, Ramsey, and Nickerson voted aye.
Councilmember Gericke voted no. Motion adopted.
#2009-149 – Approving Request from mama Ines, Inc. dba Mama Ines, 384 North Walnut Street
for a Class “I” Liquor License and Liquor Manager Designation for Iliana Garcia, 517 North
Ruby Avenue. Pulled at request of applicant ’s attorney.
Page 7, City Council Regular Meeting, June 23, 2009
#2009-150 – Approving Appointment of Mary Lou Brown as Finance Director. Mayor Hornady
submitted the name of Mary Lou Brown for appointment as Finance Director to replace David
Springer who would be retiring on August 7, 2009.
Motion by Meyer, second by Gilbert to approve Resolution #2009-150. Upon roll call vote, all
voted aye. Motion adopted.
#2009-151 – Approving Project for Athletic Field Complex at Veterans Home. City
Administrator Jeff Pederson reported that in order to authorize the Athletic Fields Replacement
Project for expenditure authority, the City Council needed to take formal action to designate $1.5
million in the budget.
Motion by Ramsey, second by Nickerson to approve Resolutio n #2009-151.
Motion by Dugan, second by Meyer to amend Resolution #2009-151 by adding a period right
after “2009-2010 budget capital fund” in the last paragraph and striking the last part of the
sentence “which project shall have sufficient appropriations by making the following
adjustments to the Capital Fund”. Upon roll call vote, all voted aye. Motion adopted.
Upon roll call vote of the main motion, all voted aye. Motion adopted.
#2009-152 – Approving Certifying $1.5 Million to State of Nebraska for Veteran Home Athletic
Field Complex. City Administrator Jeff Pederson reported that with the passage of LB 224 by the
Nebraska Unicameral, replacement of capital facilities lost at Fonner Park due to the relocation
of the Nebraska State Fair in the amount of $1.5 million may be counted towards the required
city contribution of $8.5 million. Resolution #2009-152 would allow $1.5 million to be placed in
a Trust Account by the July 1, 2009 deadline. Finance Director David Springer stated approving
Resolution #2009-152 would allow the $1.5 million project to move forward and would
authorize payment for the project.
Motion by Meyer, second by Nickerson to approve Resolution #2009-152. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motio n by Dugan, second by Ramsey to approve the Claims for the period of June 10, 2009
through June 23, 2009, for a total amount of $3,210,859.63. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
RaNae Edwards
City Clerk
Item I1
#2009-153 - Consideration of Ground Lease to the Nebraska State
Fair for Land Located Near Fire Station 1, Grand Island, Nebraska
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Approved as to Form ¤ ___________
June 26, 2009 ¤ City Attorney
R E S O L U T I O N 2009-153
WHEREAS, the Nebraska Unicameral has passed a statute which allows for the relocation
of the Nebraska State Fair from its current location in Lincoln, Lancaster County, Nebraska to property
owned by the Hall County Livestock Improvement Association located in Grand Island, Hall County,
Nebraska; and
WHEREAS, the City Council has expressed its desire to participate in the relocation of the
Nebraska State Fair; and
WHEREAS, the Nebraska State Fair Board has expressed the desire to construct a facility
on City land near Fire Station No. 1 and has proposed a lease for the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, the Mayor is hereby authorized to execute the Ground
Lease Agreement with the Nebraska State Fair Board for the future use of the land and improvement by the
Nebraska State Fair Board.
Adopted by the City Council of the City of Grand Island, Nebraska, June 30, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2009-154 - Consideration of Accepting Appraisal for Lease
Purchasing Financing for Recreational Facility at Fonner Park
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: June 30, 2009
Subject: Consideration of Accepting Appraisal for Lease
Purchasing Financing for Recreational Facility at Fonner
Park
Item #’s: I-2
Presenter(s): Jeff Pederson, City Administrator
Background
In conjunction with the decision of the City Council to contribute $5m to the location of
the Nebraska State Fair to Grand Island, it became necessary to structure a borrowing of
funds in order that the money be available to construct a building on the new State Fair
site. That building has been determined to be a recreational building that will also
function as an exposition building during the run of the State Fair. A Lease-Purchase
Agreement has been approved between the City of Grand Island and Wells Fargo that
constitutes a borrowing on the part of the City of $5m.
Discussion
Nebraska Code Section 13-403 requires a certified appraisal for a borrowing by a City for
real property improvements valued in excess $100,000. Upon receiving the required
building documents from the Nebraska State Fair, the City commissioned an appraisal for
the purpose of complying with Code Section 13-403. This Resolution certifies that the
City has had the required appraisal conducted.
While this Resolution accepts the Appraisal, the appraisal will not be completed until
June 29. The completed appraisal will be brought forward and explained at the meeting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
5.
Recommendation
City Administration recommends that the Council accept the appraisal for the 70,000 sq.
ft. recreational building that has been completed by Robin Hendrickson.
Sample Motion
Approve the appraisal for the 70,000 sq. ft. recreational building which has been
conducted by Robin Hendrickson.
Approved as to Form ¤ ___________
June 26, 2009 ¤ City Attorney
R E S O L U T I O N 2009-154
WHEREAS, the Nebraska State Legislature has adopted Legislation which allows for the
relocation of the Nebraska State Fair from the City of Lincoln to property located at the Hall County
Livestock Improvement Association in Grand Island, Hall County, Nebraska; and
WHEREAS, the City intends to construct upon property leased from the Hall County
Livestock Improvement Association an improvement to be utilized by the City as a recreational facility and
also anticipates said facility will be utilized by the Nebraska State Fair; and
WHEREAS, the City has approved a lease purchase financing arrangement with Wells
Fargo for the improvements, which have an estimated value over One Hundred Thousand and No/100
Dollars ($100,000.00); therefore, the improvements according to Nebraska Revised Statutes Section 13-
403 must be appraised by a certified real property appraiser.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Robin Hendricksen, a certified real property
appraiser in the State of Nebraska, has issued an appraisal for the city improvements on the property leased
from the Hall County Livestock Improvement Association, said appraisal which is attached hereto and
accepted by this Council.
Adopted by the City Council of the City of Grand Island, Nebraska, June 30, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I3
#2009-155 - Consideration of Approving Lease Agreement with
Fonner Park Expo & Events Center, Hall Co. Livestock
Improvement Assoc. City of GI and the Nebraska State Fair for
Recreational Facility at Fonner Park
Tuesday, June 30, 2009
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: June 30, 2009
Subject: Consideration of Approving Lease Agreement with the
Fonner Park Exposition and Events Center, Hall County
Livestock Improvement Association, City of Grand
Island and the Nebraska State Fair Board
Item #’s: I-3
Presenter(s): Jeff Pederson, City Administrator
Background
The Nebraska State Fair use of proposed site and buildings in Grand Island requires a
lease agreement between Fonner Park Exposition and Events Center, Hall County
Livestock Improvement Association, City of Grand Island and the Nebraska State Fair
Board.
Discussion
The lease agreement provides guidelines for the use of facilities and land during the time
period of the State Fair amongst all parties. Notable items within the agreement include:
· The Preliminary Term shall commence on July 1, 2009 and continue until July 31,
2010.
· Initial Term shall be for fifty years beginning June 1, 2010.
· The premises shall be leased for sixty consecutive days between June 15 and
September 30 excluding the Heartland Events Center which will commence
fifteen days prior to the Nebraska State Fair and five days after.
· Areas not included within this agreement are outlined.
· The Lessee’s permitted use, revenue, and security requirements are detailed.
· Improvements on the City Property shall not be named without the prior written
approval of the City.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the lease agreement
Sample Motion
Move to approve the lease agreement.
Approved as to Form ¤ ___________
June 26, 2009 ¤ City Attorney
R E S O L U T I O N 2009-155
WHEREAS, the Nebraska Unicameral has passed a statute which allows for the relocation
of the Nebraska State Fair from its current location in Lincoln, Lancaster County, Nebraska to property
owned by the Hall County Livestock Improvement Association located in Grand Island, Hall County,
Nebraska; and
WHEREAS, the City Council has expressed its desire to participate in the relocation of the
Nebraska State Fair and has adopted a resolution to lease purchase an improvement on property leased
from the Hall County Livestock Improvement Association; and
WHEREAS, the Nebraska State Fair Board has expressed the desire to construct the City
improvement and use it for State Fair purposes and has proposed a lease for the same; and
WHEREAS, the Nebraska State Fair Board has expressed the desire to utilize the City
facilities on land the City is leasing from the Hall County Livestock Improvement Association.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, the Mayor is hereby authorized to execute the Lease
Agreement with the Nebraska State Fair Board, Wells Fargo, and the Hall County Livestock Improvement
Association to further the efforts of the City improvement and the future use of the improvement by the
Nebraska State Fair Board.
Adopted by the City Council of the City of Grand Island, Nebraska, June 30, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk