05/12/2009 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 12, 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 May 12, 2009. Notice of the meeting was given in The Grand Island Independent on
May 6, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Councilmember's Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson,
Zapata, and Gericke. Councilmember Haase 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.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady mentioned the Legislature passed LB 224 on
second reading which allows the City to apply $1.5 million ball field relocation towards the $5
million City funding. Mayor Hornady introduced Community Youth Council members Claire
Mackey, Paige Liess and Katrina Molholm.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Tourism Reco~Lnition Month" May, 2009. Mayor Hornady proclaimed the month
of May "Tourism Recognition Month". Renee Seifert, Executive Director of the Convention
Visitors Bureau was present to receive the proclamation.
Presentation by Tam Allen, Vice-Chairman Nebraska State Fair Board Concerning a Request for
Ground Lease and Use of City Land for State Fair Vehicle Parking. Tam Allen, Vice-Chairman
of the Nebraska State Fair Board updated the council on State Fair issues. Mentioned was a
30,000 sq. ft. building proposed to be constructed near Fire Station 1. The State Fair Board had
an interest in utilizing City land adjacent to Island Oasis for Fair parking.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 3134 West Highway 34 (Central
Community College). Gary Mader, Utilities Director reported that a utility easement was needed
at 3134 West Highway 34 in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers. The easement would be used to place conduit,
primary electrical cable and apad-mounted transformer to provide electrical service to the new
addition of Central Community College. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 4705 Gold Core Drive (Zitski,
LLC .Gary Mader, Utilities Director reported that a utility easement was needed at 4705 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 provide underground conduit,
Page 2, City Council Regular Meeting, May 12, 2009
cable, and apad-mounted transformer to provide electrical service to the new Nova Tech
manufacturing facility. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2216 East Highway 30
(Bosselman Carriers, Inc. Gary Mader, Utilities Director reported that a utility easement was
needed at 2216 East Highway 30 in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The easement would be used to extend
an overhead power line and add transformers to improve the electrical service to the adjacent
buildings. Staff recommended approval. No public testimony was heard.
Public Hearing on Disestablishment of Business Improvement District No. 8. Jeff Pederson, City
Administrator reported that Resolution #2009-90 approved by City Council on April 14, 2009
required the City to hold a Public Hearing on the disestablishment of Business Improvement
District No. 8. This public hearing was to hear all protests and receive evidence for or against
disestablishment. Mr. Pederson explained the options available to council as required by state
law.
Mayor Hornady recommended a 1'/z minute time limit for each person to speak on this issue
since there were so many people wanting to speak.
Motion by Carney, second by Gericke to appeal the decision of the Chair to limit the amount of
time for the remaining speakers to 1'h minutes. Upon roll call vote, Councilmember's Meyer,
Niemann, Gilbert, Carney, Dugan, Ramsey, Nickerson, and Gericke voted aye. Councilmember
Zapata voted no. Motion adopted.
The time limit for each person was 3 minutes each. Submitted into the record were written
protests to disestablish BID #8.
The following people spoke in support:
• Bruce Eberle, 3219 Hiawatha
• Paul Warshauer, 217 North Locust Street
• Tom Ziller, 324 West 18th Street
• Carl Mayhew, 507 Plum Road
• Matthew Armstrong, 2616 Cottonwood Road
• Bill Ziller, 1611 St. Paul Road
• John Wayne, 1101 Nebraska Highway, Phillips, NE
• Marlan Ferguson, 2808 Apache Road
• Kurt Haecker, 2706 Wagon Road
• Marvin Webb, 4164 Allen Avenue
The following people spoke in opposition:
• Bill Francis, 222 North Cedar Street
• Richard Baasch, 216 North Cedar Street
• Jim Reed, 2511 Lakewood Drive
• Wendy Alexander, 123 North Locust Street
• Dave Gilroy, 115 East 20th Street
• Dave Marsh, 242 South Pine Street
Page 3, City Council Regular Meeting, May 12, 2009
• Louise Miller, 1104 West Charles Street
• Dick Strehle, 212 East 2°d Street
• Charlie Fox, 3115 South North Road
• Jack Hansen, 2007 West Lamar Avenue
The following person spoke in a neutral position:
• Amos Anson, 1212 Sagewood
Submitted into the record were protests against the disestablishment of BID #8. Assistant City
Attorney Wes Nespor suggested the Council keep the public hearing open and continue with the
meeting to give him a chance to count the number of protests in favor and against the
disestablishment of BID #8.
No further public testimony was heard.
ORDINANCES:
#9214 -Consideration of Annexation of Property Located South of Case New Holland
and West of Highway 281 (Second Reading)
Chad Nabity, Regional Planning Director explained this was the second of three readings to
annex property south of Case Holland and west of Highway 281.
Motion by Meyer, second by Niemann to approve Ordinance #9214 on second reading. Upon
roll call vote, all voted aye. Motion adopted.
#9215 -Consideration of Lease-Purchase Agreement, Ground Lease and Escrow
Agreement for Building and Related Improvements to Serve as a Recreational Facility for
State Fair Activities (Second Reading)
Jeff Pederson, City Administrator explained the following changes to the Ground Lease
Agreement: 1) Section 3 -Use; 2) Section 5 -Rent; and 3) Section 8 -Assignment and
Subletting. Discussion was held concerning the Escrow Agreement and payment schedule.
Marlan Ferguson, 2808 Apache Road spoke in support. Lewis Kent, 624 Meves Avenue spoke in
opposition. Jay Vavricek, 2729 Brentwood Blvd. asked about naming rights, interest rate, and
term of the lease.
Motion by Meyer, second by Carney to approve Ordinance #9215 on second reading. Upon roll
call vote, Councilmember's Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and
Gericke voted aye. Councilmember Nickerson voted no. Motion adopted.
Public Hearin~Continued on Disestablishment of Business Improvement District No. 8:
Wes Nespor, Assistant City Attorney reported there were 121 valid written protests in favor of
keeping the district. Mr. Nespor explained Council needed to make a motion on the findings of
evidence received before the Public Hearing was closed.
Page 4, City Council Regular Meeting, May 12, 2009
Motion by Nickerson, second by Zapata determining that there were 121 written protest (owners
wanting to keep the district). Upon roll call vote, all voted aye. Motion adopted. The Public
Hearing was closed.
#9216 - Consideration of Disestablishment of Business Improvement District No. 8
This item related to the aforementioned Public Hearing. A lengthy discussion was held regarding
district boundaries, assessments, timeline to create a new BID if this one wasn't continued, and
working together to resolve this issues. Bruce Eberle, 3219 Hiawatha Place explained the process
of identifying the downtown boundaries and residential assessments.
Motion by Carney, second by Niemann to approve Ordinance #9216 on fist reading only. Upon
roll call vote, Councilmember's Meyer, Niemann, Carney, Dugan, Nickerson, and Gericke voted
aye. Councilmember's Gilbert, Ramsey, and Zapata voted no. Motion adopted
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9217 - Consideration of Firefighters and Police Pension Assets
#9218 - Consideration of Issuance Refunding Various Purpose Bonds -Series 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.
#9217 - Consideration of Firefighters and Police Pension Assets
Jeff Pederson, City Administrator reported that Ordinance #9217 would authorize the City to
maintain and utilize the unallocated employer accounts and use assets to assist in meeting
expenses incurred by the City and also fund pension benefits. Lewis Kent, 624 E. Meves Avenue
spoke in opposition.
Motion by Nickerson, second by Gilbert to approve Ordinance #9217.
City Clerk: Ordinance #9217 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,
Carney, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember's Meyer and
Gericke voted no. Motion adopted.
City Clerk: Ordinance #9217 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,
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 #9217 is declared to be lawfully adopted upon publication as required by law.
Page 5, City Council Regular Meeting, May 12, 2009
#9218 - Consideration of Issuance Refunding Various Purpose Bonds -Series 2009
Bruce Lefler representing Ameritas Investment Corporation explained that Ordinance #9218 was
authorizing the refinancing of the 2002 Various Purpose bonds in the amount of $2,970,000. The
City would pay an average interest rate of 2.64% through 2017 with a savings of approximately
$266,213.
City Clerk: Ordinance #9218 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 #9218 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 #9218 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent agenda items G-12 and G-14 were removed for further
discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding
G-12 and G-14. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of Apri128, 2009 City Council Regular Meeting_
Approving Minutes of May 5, 2009 City Council Study Session.
#2009-103 - Approving Final Plat and Subdivision Agreement for DSK Subdivision. It was
noted that Danny and Susan Kunze, owners had submitted the Final Plat and Subdivision
Agreement for DSK Subdivision for the purpose of creating 6 lots east of Swan Lane and north
of Bismark Road comprising of approximately 10 acres.
#009-104 -Approving Final Plat and Subdivision Agreement for Miracle Valley Second
Subdivision. It was noted that Joseph and Lori Brown, owners had submitted the Final Plat and
Subdivision Agreement for Miracle Valley Second Subdivision for the purpose of creating 2 lots
located east of Engleman Road and north of Michigan Avenue comprising of approximately
4.375 acres.
#2009-105 -Approving Acquisition of Utility Easement Located at 3134 West highway 34
(Central CommunitYColle~e).
#2009-106 -Approving Acquisition of Utility Easement Located at 4705 Gold Core Drive
(Zitski, LLC).
#2009-107 -Approving Acquisition of Utility Easement Located at 2216 East Highway 30
(Bosselman Carriers, Inc.)
#2009-108 - Approving Anchor Point Access Permission to the Platte River Program for River
Channel Monitoring.
Page 6, City Council Regular Meeting, May 12, 2009
#2009-109 -Approving Wind Generation Agreement between Douglas Brunk and Grand Island
Utilities.
#2009-110 -Approving License Agreement with Unite Private Networks for Power Pole
Attachments in an Amount of $4.00 per pole.
#2009-111 -Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage
Buildings with Dominion Construction Company in an Amount of $2,750 per year and Jerry
Harders in an Amount of $825.00 per year.
#2009-113 -Approving Agreement for Professional En ineering Services for a Project to
Replace the Primary Clarifier Mechanisms at the Waste Water Treatment Plant with Black &
Veatch Corporation of Kansas City, Missouri in and Amount not-to-exceed $125,000.00.
#2009-112 -Approving 2 Hour Parking Zone on the East Side of Elm Street from 4th Street
South to the Alley. Steve Riehle, Public Works Director reported that in 1996 a "No Parking"
designation was approved for the east side of Elm Street from 4th Street south to the alley. A
request had been received from the property owner on the southeast corner of 4th Street and Elm
Street requesting parking be allowed on the east side of Elm Street. Discussion was held
concerning enforcement. Police Chief Steve Lamken stated if a request for enforcement was
received a Code Enforcement Officer would be sent.
Motion by Ramsey, second by Zapata to approve Resolution #2009-112. Upon roll call vote,
Councilmember's Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, and Nickerson
voted aye. Councilmember Gericke voted no. Motion adopted.
#2009-114 - Approving Pioneer Consortium Interlocal Agreement for Library Services with
Grand Island, Bellevue, Gretna, Holdrege, Lincoln, Omaha, and St. Paul. Steve Fosselman,
Library Director reported a $100,000 federal grant had been received and with the adoption of
this Interlocal Agreement library services would become more efficient and effective.
Motion by Dugan, second by Meyer to approve Resolution #2009-114. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2009-115 - Approving Refunding Various Purpose Bonds, Series 2002. David Springer,
Finance Director reported this item related the aforementioned Ordinance #9218. Approval of
Resolution #2009-115 would retire the $2,925,000 Various Purpose Bonds approved in 2002.
Motion by Gilbert, second by Zapata to approve Resolution #2009-115. Upon roll call vote, all
voted aye. Motion adopted.
#2009-116 - Approving Waste Water Cost of Services Based Rate Study. Steve Riehle, Public
Works Director reported that at the May 5, 2009 City Council Study Session a presentation was
made by Black & Veatch Corporation of Kansas City, Missouri on the rate study. Staff
recommended approving the Rate Study presented to Council on May 5, 2009.
Page 7, City Council Regular Meeting, May 12, 2009
Motion by Meyer, second by Ramsey to approve Resolution #2009-116. Upon roll call vote, all
voted aye. Motion adopted.
#2009-117 -Approving Addendum Number 1 to the Agreement for Professional Services for the
Design of an Anaerobic Digestion System at the Waste Water Treatment Plant Steve Riehle,
Public Works Director reported that at the May 5, 2009 Study Session, Black & Veatch
presented the Digestion Complex Sizing and Cost of Services Based Rate Study with a
recommendation of digester sizing option 2A. Approving Resolution #2009-117 would allow
Black & Veatch to proceed with Option 2A for the Digestion System.
Motion by Meyer, second by Ramsey to approve Resolution #2009-117. 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 April 29, 2009
through May 12, 2009, for a total amount of $2,806,007.61. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
Q~~ ~
RaNae Edwards
City Clerk