09/27/2005 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 27,2005
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 September 27,2005. Notice of the meeting was given in the Grand Island Independent
on September 21, 2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember's Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Walker, and Haase. Councilmember Hornady was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, and Public Works Director Steve Riehle.
INVOCATION was given by Associate Pastor Cheryl Lamb, First Presbyterian Church, 2103
West Anna Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following items:
1.) New television in Council Chambers so the audience could see the speakers
2.) Saturday, October 1,2005 - Harvest of Harmony Parade
3.) Due to the recent hurricane destruction in the Gulf Coast and the need for
communication during disasters, the Mayor was having Lela Lowry, Emergency
Management Director look into SAT phones and other communication options.
4.) Mayor requested city staff to review and make recommendations for alternative fuel-
flex fuel, E-85, Ethonal, etc.
PUBLIC HEARINGS:
Public Hearing on Request of Perez, Inc. dba EI Rodeo for Change of Location for Liquor
License "C-61867" from 106 East 3rd Street to 410 East 4th Street. RaNae Edwards, City Clerk
reported that Perez, Inc. dba EI Rodeo, 106 East 3rd Street had submitted an application with the
City Clerk's Office for a Change of Location to their Class "C-61867" Liquor License to 410
East 4th Street. Ms. Edwards presented the following exhibits for the record: application for a
change of location submitted to the Liquor Control Commission and received by the City on
September 15, 2005; notice to the applicant of date, time, and place of hearing mailed on
September 15,2005; notice to the general public of date, time, and place of hearing published on
September 17,2005; and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Connie Hartford, 106 Cherokee Avenue for Conditional Use
Permit for Temporary Single Wide Trailer Use during Construction of Single Family Dwelling
Located at 106 Cherokee Avenue. Craig Lewis, Building Department Director reported that a
request had been made by Connie Hartford, 106 Cherokee Avenue to utilize the existing single
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Page 2, City Council Regular Meeting, September 27, 2005
wide mobile home proposed to be moved to the back of the property as a dwelling during the
construction of a new modular home on the property. Mr. Lewis recommended approval with the
following conditions: 1) The time limit is for one year from the date of the building permit issued
for a new single family dwelling on the property, and 2) The existing mobile home is connected
to all utilities in a manor approved by the City Building Department. No public testimony was
heard.
Public Hearing on Acquisition of Real Estate for Library Building Addition from the Library
Facilities Corporation. Doug Walker, City Attorney reported that the Grand Island Facilities
Corporation had entered into a contract for the construction of an addition to the Edith Abbott
Memorial Library. This addition to the library was to be built on land owned by the city that was
west of the current library building. The city had entered into a lease purchase agreement to
acquire the addition to the city library building from the Facilities Corporation and this building
was considered real estate for statutory purposes. It was necessary for the City to hold a public
hearing on the acquisition of the building from the Library Corporation. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 401 North Eddy. (4th & Eddy
Plaza. LLC) Gary Mader, Utilities Department Director reported that acquisition of a utility
easement located at 401 North Eddy was required 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 electrical cable and a pad-mounted transformer to serve the
expanded business. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 620 North Diers Avenue. (West
Faidley Medical Center, LLC) Gary Mader, Utilities Department Director reported that
acquisition of a utility easement located at 620 North Diers was required in order to have access
to install, upgrade, maintain, and repair power appurtenances, including lines and transformers.
The easement would be used to install cable and a pad-mounted transformer to provide electrical
service to the new West Faidley medical Center. No public testimony was heard.
ORDINANCES:
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9008 - Consideration of Issuing Bonds for the Library Building Expansion
#9009 - Consideration of Amending Chapter 2 of the Grand Island City Code Relative to
City Council study Sessions
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 Nicerkson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
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Page 3, City Council Regular Meeting, September 27, 2005
Doug Walker, City Attorney reported that Ordinance #9008 related to the addition to the Edith
Abbott Memorial Library. The Grand Island Facilities Corporation would issue $7,000,000
worth of bonds and the bond payments were to be made from the payments made by the city
pursuant to the lease purchase agreement. Bruce Lefler, Bonding Agent representing Ameritas
commented on the favorable interest rate of around 4% and stated all bonds had been sold.
Mr. Walker stated Ordinance #9009 was to change the mandatory language in city code relative
to Study Sessions making them discretionary. A brief discussion was held regarding the current
code being inflexible and that there were no plans of changing the date or the time of Study
Sessions when needed.
Motion by Pielstick, second by Whitesides to approve Ordinances #9008 and #9009.
City Clerk: Ordinances #9008 and #9009 on ftrst reading. All those in favor of the passage of
these ordinances on ftrst reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinances #9008 and #9009 on ftnal passage. All those in favor of the passage of
these ordinances on fmal passage, answer roll call vote. Upon roll call vote, all voted aye.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on ftrst reading and then upon ftnal passage,
Ordinances #9008 and #9009 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-6 and G-22 were removed for further
discussion. Motion by Cornelius, second by Gilbert to approve the Consent Agenda excluding
items G-6 and G-22. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of September 13. 2005 City Council Regular Meeting.
Approving Minutes of September 20. 2005 City Council Study Session.
Approving Re-Appointment of Lee Elliott to the Community Redevelopment Advisory (CRA)
Board.
Approving Re-Appointment of Bob Loewenstein to the Animal Advisory Board.
Approving the followin~ Garbage and Refuse Permits to:
Central Waste Disposal, 147 East Roberts
Clark Brothers Sanitation, 3080 West 2nd Street
Heartland Disposal, 2423 W. Old Lincoln Hwy.
Mid-Nebraska Disposal, Inc., 3080 West 2nd Street
Full Circle, Inc., 3 719 Westgate Road
Scott's Hauling, 3230 Westside Street
Garbage
Garbage
Garbage
Garbage
Refuse
Refuse
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Page 4, City Council Regular Meeting, September 27, 2005
Approving Request of Connie Hartford. 106 Cherokee Avenue for Conditional Use Pennit for
Temporary Single Wide Trailer Use during Construction of Single Family Dwelling Located at
106 Cherokee Avenue.
#2005-267 - Apvroving Acquisition of Utility Easement Located at 401 North Eddy. (4th &
Eddy Plaza. LLC)
#2005-268 - Approving Acquisition of Utility Easement Located at 620 North Diers Avenue.
(West Faidley Medical Clinic. LLC)
#2005-269 - Approving Certificate of Final Completion for Water Main District No. 443 with
The Diamond Engineering Company of Grand Island. Nebraska and Setting the Board of
Equalization Date.
#2005-270 - Approving Certificate of Final Completion for Water Main District No. 447T with
The Diamond Engineering Company of Grand Island. Nebraska and Setting the Board of
Equalization Date.
#2005-271 - Approving Cavital Financing Options for the Nebraska City #2 Power Plant Proiect
with the Omaha Public Power District.
#2005-272 - Approving Wireline Crossing Agreement between the City of Grand Island and the
Union Pacific Railroad.
#2005-273 - Approving Bid Award for Contracted Snow Removal Services on City Streets for
the 2005/2006 Winter Season with The Diamond Engineering Company of Grand Island.
Nebraska in the following Amounts: $125.00 per hour for Front End Loaders: $145.00 per hour
for Motor Graders: and $95.00 per hour for Hauling Snow.
#2005-274 - Approving Bid Award for Concrete Pavement Repair Project 2005-P-8.
Northbound Lanes of US Highway 281 - Old Potash to Capital Avenue with The Diamond
Engineering Company of Grand Island. Nebraska in an Amount of $288.000.00.
#2005-275 - Approving Off-Road Diesel Fuel Purchase of 10.000 Gallons for the Solid Waste
Division Landfill with Sapp Brothers of Grand Island. Nebraska in an Amount of $2.29 per
gallon.
#2005-276 - Approving Amendment No.3 to the Agreement with Olsson Associates of Grand
Island. Nebraska for Consulting Engineering Services on the Westridge Detention Cell in an
Amount not to exceed $36.520.00.
#2005-277 - Approving Contract with McCarthy Group Advisors. L.L.C. for Management
Services on Police and Fire Administration.
#2005-278 - Approving Amendment to the Cafeteria Plan with McDermott & Miller of Grand
Island. Nebraska.
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Page 5, City Council Regular Meeting, September 27,2005
#2005-279 - Approving Acquisition of Library Building Addition from the Library Facilities
Corporation.
#2005-280 - Approving Request for State Contract Purchase of iSeries Model 520 Express
System to Replace Existing AS400 eSeries Model 9406-600 with Pinnacle Business System. Inc.
of Edmond. Oklahoma in an Amount of$32.765.01.
#2005-282 - Approving Amending the 2005-2006 Fee Schedule.
Approving Request of Perez, Inc. dba EI Rodeo for Change of Location for Liquor License "C-
61867" from 106 East 3rd Street to 410 East 4th Street. A lengthy discussion was held regarding
prior violations, ownership of property, and processes of the Liquor Control Commission. Ralph
Bradley, Attorney for Perez, Inc. spoke in support. Silvia Perez spoke in support through and
interpreter. Lex Ann Roach representing Project Extra Mile voiced concerns about the Liquor
Control approvals and processes.
Motion by Pie1stick, second by Whitesides to deny the request for EI Rodeo change of location.
Upon roll call vote, Councilmember's Whitesides, Pielstick, Walker, and Haase voted yes.
Councilmember's Meyer, Gilbert, Nickerson, Cornelius, and Pauly voted no. Motion failed.
Motion by Nickerson, second by Gilbert to refer to the Liquor Commission with No
Recommendation. Upon roll call vote, Councilmember's Meyer, Gilbert, Nickerson, Cornelius,
and Pauly voted yes. Councilmember's Whitesides, Pielstick, Walker, and Haase voted no. The
Mayor cast his vote in the affinnative. Motion adoped.
#2005-281 - Approving 2nd Amendment for the Heartland Public Shooting Park with the Grand
Island Skeet & Sporting Clays Club, Inc. of Grand Island, Nebraska. Discussion was had
concerning volunteers and compensation in the agreement. Steve Paustian, Parks and Recreation
Director explained the history of the Shooting Park and volunteer's involvement.
Motion by Meyer, second by Pielstick to approve Resolution #2005-281. Upon roll call vote,
Councilmember's Meyer, Whitesides, Pie1stick, Nickerson, Cornelius, and Pauly voted yes.
Councilmember's Gilbert, Walker, and Haase voted no. Motion adopted.
REQUESTS AND REFERRALS:
Approving Appointment of Steve Lamken as Police Chief. Brenda Sutherland, Human
Resources Director reported on the process of testing, background checks, and interviewing for
the Police Chief's position. It was the Mayor's recommendation that Steve Lamken be appointed
the next Police Chief for the City of Grand Island.
Ms. Sutherland introduced Steve Lamken and his wife Mary. Mr. Lamken stated it was an honor
to serve as the next Chief of Police.
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Page 6, City Council Regular Meeting, September 27,2005
Motion by Whitesides, second by Pielstick to approve the appointment of Steve Lamken as
Police Chief. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Gilbert to approve the Claims for the period of September 14,
2005 through September 27, 2005, for a total amount of $3,740,069.93. Motion adopted
unanimously. Councilmember Pielstick abstained from claims #109064 and 109280.
Councilmember Paul abstained from claim #109369.
ADJOURNMENT: The meeting was adjourned at 8:15 p.m.
Qof\OJL Ww~
RaNae Edwards
City Clerk