09/08/2009 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 8, 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
September 8, 2009. Notice of the meeting was given in The Grand Island Independent on September
2, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were
present: 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 Mary Lou Brown, 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
Lauren Cantrell and Danielle Jim along with Board Member Jared Stockwell
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Michael Peterson Fleet Services with the Public Works Department for 25 Years of
Service with the City of Grand Island. The Mayor and City Council recognized Michael Peterson,
Fleet Inventory Specialist with the Public Works Department for 25 years of service with the City of
Grand Island. Michael Peterson was present.
Presentation from Central District Health Department Regarding H1N1 Update. Teresa Anderson,
Executive Director of the Central District Health Department updated the Council on the H1N1 Flu.
Presented were recommended action steps under the current flu conditions.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Meyer, second by Nickerson, carried
unanimously to adjourn to the Board of Equalization.
#2009-BE-3 -Consideration of Determining Benefits for Business Improvement District #4, South
Locust Street from Stolley Park Road to Former Park Road. Mary Lou Brown, Finance Director
reported that the City Council in its' capacity as the Board of Equalization was required to determine
the benefits for BID #4. Special assessments were for the amount of $26,233.69.
#2009-BE-4 -Consideration of Determining Benefits for Business Improvement District #6, Second
Street. Mary Lou Brown, Finance Director reported that the City Council in its' capacity as the Board
of Equalization was required to determine the benefits for BID #6. Special assessments were for the
amount of $39,293.84.
#2009-BE-5 -Consideration of Determining_Benefits for Business Improvement District #7, South
Locust Street from Stolley Park Road to Highwa~34. Mary Lou Brown, Finance Director reported
that the City Council in its' capacity as the Board of Equalization was required to determine the
benefits for BID #7. Special assessments were for the amount of $46,615.31.
Page 2, City Council Regular Meeting, September 8, 2009
Motion by Nickerson, second by Ramsey to approve Resolutions #2009-BE-3, #2009-BE-4, and
#2009-BE-5. Upon roll call vote, all voted aye. Motion adopted.
#2009-BE-6 -Consideration of Determining Benefits for Business Improvement District #8,
Downtown. Mary Lou Brown, Finance Director reported that the City Council in its' capacity as the
Board of Equalization was required to determine the benefits for BID #8. Special assessments were
for the amount of $89,410.19. Presented were three Resolutions with a 0%, 70% and 100%
assessment for owner occupied residents.
Discussion was held on residents paying any assessment. Bruce Eberle, 3219 Hiawatha Place
commented on how the assessment was arrived at for BID #8. Wendy Alexander, 123 North Locust,
Apt. 805 and Lynn Buckley, 123 North Locust, Apt. 1103 spoke in opposition.
Motion by Gilbert, second by Ramsey to approve Resolution #2009-BE-6 (B). Upon roll call vote,
Councilmember's Gilbert, Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember's
Meyer, Niemann, Carney, and Gericke voted no. Mayor Hornady voted aye to make the sixth
deciding vote. 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 Olsson Associates for a Conditional Use Permit for a Soil Vapor
Extraction Trailer Located at 373 North Vine Street. Craig Lewis, Building Department Director
reported that Olsson Associates had submitted an application for an extension of a current
conditional use permit located at 373 North Vine Street. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 441 Pheasant Drive (Roy R.
Rath eg, ber). Gary Mader, Utilities Director reported that a utility easement was needed at 441
Pheasant Drive 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 a new home being constructed on the lot. Staff recommended approval. No
public testimony was heard.
Public Hearin og n Acquisition of Alley Right of Way Located at 518 North Eddy Street in Lot 9,
Block 10 of Rollins Addition (Bank of Doniphan). Steve Riehle, Public Works Director reported that
the Bank of Doniphan was dedicating a 16 feet wide alley to create an "L" shaped alley between Stn
and 6th Streets from Clark Street to Eddy Street to replace the one being vacated by Ordinance #9230.
Staff recommended approval. No public testimony was heard.
Public Hearing_ on General Property, Parkin; District #2 (Ramp) and Community Development
Authority Tax Request. Mary Lou Brown, Finance Director reported that state statutes requires the
City to conduct a public hearing if the property tax request changes from one year to the next.
Property tax request for the general property tax was $6,406,867, Parking District No. 2 at $8,000,
and the Community Redevelopment Authority property tax at $425,000. Staff recommended
approval. No public testimony was heard.
Page 3, City Council Regular Meeting, September 8, 2009
Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking
District No. 1. Mary Lou Brown, Finance Director reported that this was the annual Council action to
establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2009-2010
occupation tax factor was $.1588 per square foot and would provide taxes of $40,000. 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:
#9231 -Consideration of Approving Salary Ordinance
#9232 -Consideration of Vacation of East 52.8 Feet of Alley Between 5th and 6th Street,
from Clark Street to Eddy Street in Block 9 of Robbins Addition (Bank of Doniphan at 518
North Eddy Street)
#9233 Consideration of Approving FY 2009-2010 Annual Single City Budget, The Annual
Appropriations Bill Including Addendum #1
#9234 -Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative
to Occupation Tax for Downtown Improvement and Parking District No. 1
#9235 -Consideration of Assessments for Business Improvement District #4, South Locust
Street from Stolley park Road to Former Park Road
#9236 -Consideration of Assessments for Business Improvement District #6, Second Street
#9237 -Consideration of Assessments for Business Improvement District #7, South Locust
from Stolley Park Road to Highway 34
#9238 Consideration of Assessments for Business Improvement District #8, Downtown
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.
Brenda Sutherland, Human Resources Director reported that Ordinance #9231 was the salary
ordinance setting the wages for the upcoming fiscal year. Explained was the non-union increase of
3% and the salary survey.
Motion by Carney, second by Nickerson to approve Ordinance #9231.
Discussion was held concerning the 3% versus 4.5%. The 3% would be an across the board raise for
non-union employees. Jeff Pederson, City Administrator commented on the salary survey and
recommended the survey should be implemented if Council voted on the 3.5%. He mentioned that
the non-union salaries could be pulled from this ordinance and be brought back to Council at the next
meeting.
Motion by Meyer, second by Nickerson to table this vote until after the vote was taken on the budget.
Upon roll call vote, Councilmember's Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson,
and Gericke voted aye. Councilmember Gilbert voted no. Motion adopted.
#9232 Consideration of Vacation of East 52.8 Feet of Alley Between 5th and 6th Street,
from Clark Street to Eddy Street in Block 9 of Robbins Addition (Bank of Doniphan at 518
North Eddy Street)
Page 4, City Council Regular Meeting, September 8, 2009
Steve Riehle, Public Works Director reported that Ordinance #9232 would vacate a public alley at
518 North Eddy Street. Discussion was held on the drive thru at the bank and parking.
Motion by Carney, second by Dugan to approve Ordinance #9232.
City Clerk: Ordinance #9232 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 #9232 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 #9232 is declared to be lawfully adopted upon publication as required by law.
#9233 -Consideration of Approving FY 2009-2010 Annual Single City Budget, The Annual
Appropriations Bill Including Addendum #1
Mary Lou Brown, Finance Director reported Ordinance #9233 related to the aforementioned Public
Hearing.
Motion by Ramsey, second by Zapata to approve Ordinance #9233.
Discussion was held regarding the non-union employee salaries.
Motion by Carney, second by Gericke to amend Ordinance #9233 to reflect a reduction of non-union
salaries from 4.5% to 3.5%.
Discussion was held regarding the salary survey, cost-of-living, implementation process, and non-
union employees covered by the CIR. Jeff Pederson, City Administrator mentioned the comparability
between positions regarding the salary survey. Health insurance was recommended by
Administration to increase from 15% to 16% across the board. Brenda Sutherland, Human Resources
Director explained the insurance coverage and the process of salary surveys being done every three
years. She mentioned the Department Director's hadn't been done for four years.
Upon roll call vote of the amendment, Councilmember's Meyer, Carney, Dugan, and Gericke voted
aye. Councilmember's Niemann, Gilbert, Ramsey, Zapata, and Nickerson voted no. Motion failed.
City Clerk: Ordinance #9233 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, Ramsey, Zapata,
and Nickerson voted aye. Councilmember's Councilmember's Meyer, Gilbert, Carney, Dugan and
Gericke voted no. Motion failed.
Discussion was held regarding deleting money in the budget for the Hike/Bike Trails, Heartland
Shooting Park, and Lincoln Pool. Reduction in force was mentioned.
Council recessed at 9:10 p.m. and reconvened at 9:25 p.m.
Motion by Gericke, second by Dugan to approve Ordinance #9233 with the addition of 3.5% for non-
union employees.
Page 5, City Council Regular Meeting, September 8, 2009
Motion by Meyer, second by Nickerson to have the number of speeches each councilmember can
speak be removed. Upon roll call vote, all voted aye. Motion adopted.
Motion by Niemann, second by Meyer
eliminating:
• Street Sweeper $168,000.00
• Hike/Bike Trail $200,000.00
• Lincoln Pool $ 68,000.00
• Total $436,000.00
to amend the budget by adjusting the following by
Comments were made that these items would only come back next year. Reduction in the cash
reserves were discussed.
Upon roll call vote, councilmember's Meyer, Niemann, Gilbert, Carney, and Zapata voted aye.
Councilmember's Dugan, Ramsey, Nickerson, and Gericke voted no. Mayor Hornady voted no.
Motion failed.
Motion by Gilbert, second by Nickerson to eliminate over-time in non-emergency departments.
Discussion was held on emergency situation such as snow removal and waste water emergencies
such as we had last year.
Upon roll call vote, Councilmember Gilbert voted aye. Councilmember's Meyer, Niemann, Carney,
Dugan, Ramsey, Zapata, Nickerson, and Gericke voted no. Motion failed.
Motion by Carney, second by Ramsey to call for the question. Upon roll call vote, Councilmember's
Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember's Meyer,
Niemann, and Gilbert voted no. Motion adopted.
City Clerk: Ordinance #9233 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 Carney, Dugan, Ramsey,
Zapata, Nickerson, and Gericke voted aye. Councilmember's Meyer, Niemann, and Gilbert voted no.
Motion adopted.
City Clerk: Ordinance #9233 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 Carney, Dugan, Ramsey,
Zapata, Nickerson, and Gericke voted aye. Councilmember's Meyer, Niemann, and Gilbert voted no.
Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9233 is declared to be lawfully adopted upon publication as required by law.
#9234 -Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative
to Occupation Tax for Downtown Improvement and Parking District No. 1
#9235 -Consideration of Assessments for Business Improvement District #4, South Locust
Street from Stolley park Road to Former Park Road
#9236 -Consideration of Assessments for Business Improvement District #6, Second Street
#9237 -Consideration of Assessments for Business Improvement District #7, South Locust
from Stolley Park Road to Highway 34
Page 6, City Council Regular Meeting, September 8, 2009
#9238 -Consideration of Assessments for Business Improvement District #8, Downtown
Mary Lou Brown, Finance Director reported Ordinances #9234, #9235, #9236, #9237 and #9238
related to the aforementioned Public Hearing and Board of Equalization.
Motion by Meyer, second by Zapata to approve Ordinances #9234, #9235, #9236, #9237 and #9238.
City Clerk: Ordinances #9234, #9235, #9236, #9237 and #9238 on first reading. All those in favor of
the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted
aye. Councilmember's Meyer and Gilbert voted no on Ordinance #9239. Motion adopted.
City Clerk: Ordinance #9234, #9235, #9236, #9237 and #9238 on final passage. All those in favor of
the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted
aye. Councilmember's Meyer and Gilbert voted no on Ordinance #9239. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9234, #9235, #9236, #9237 and #9238 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Consent Agenda items G-17 and G-19 were removed for further discussion.
Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding G-17 and G-19.
Upon roll call vote, all voted aye. Motion adopted.
Annrovin:? Minutes of Aus?ust 25, 2009 City Council Rel?ular Meetin>i.
#2009-207 -Approving Final Plat and Subdivision Agreement for Country Club Third Subdivision.
It was noted that Ramiro and Barbara Faz, owners had submitted the Final Plat and Subdivision
Agreement for Country Club Third Subdivision for the purpose of creating 2 lots on a tract of land all of
Lot One, Country Club 2°d Subdivision comprising of approximately .813 acres.
#2009-208 - Approvin~Final Plat and Subdivision Agreement for J.H. Harders Third Subdivision. It
was noted that Marie H. Harder Estate, owners had submitted the Final Plat and Subdivision Agreement
for J.H. Harders Third Subdivision for the purpose of creating 2 lots on a tract of land north of Capital
Avenue and west of St. Paul Road comprising of approximately 10.5148 acres. Councilmember Gilbert
voted no.
#2009-209 -Approving Acquisition of Utility Easement Located at 441 Pheasant Drive (Roy R.
Rath eber .
#2009-210 -Approving Bid Award for Burdick Station GT1 Generator Rotor Inspection and Testing
with TurboCare Generator Services, Inc. of Farmington, New Mexico in an Amount of $75,627.38.
#2009-211 -Approving Bid Award for Burdick Station Controls Computer Upgrade with Metso
Automation of Landsdale, Pennsylvania in an Amount of $224,167.00.
#2009-212 -Approving Supplemental Agreement Number 1 with the Nebraska Department of
Roads for R~airs to a Portion of US Highway 34/LTS Highway 281.
#2009-213 - Approving_ Time Extension of October 15, 2009 to the Contract with Galvan
Construction Inc. of Grand Island Nebraska for Construction of Handicap Ramp Project No. 2009-
1.
Page 7, City Council Regular Meeting, September 8, 2009
#2009-214 -Approving Amendment #3 to the Consulting Services Agreement for Major Permit
Modification at the Solid Waste Landfill with Aquaterra Environmental Solutions, Inc. of Omaha,
Nebraska in an Amount not to exceed $28,800.00.
#2009-215 -Approving Award of Proposal for En ing Bering Consulting Services for the Central
Communit~ge to Wood River Drainage Project with Olsson Associates of Grand Island,
Nebraska in an Amount of Actual Costs with a Maximum of $51,900.00.
#2009-216 -Approving Acquisition of Alley Right of Way Located at 518 North Eddv Street in Lot
9, Block 10 of Rollins Addition (Bank of Doniphan).
#2009-217 - Approving Chans;e Order Number 3 for Capital Avenue Widening, Street Improvement
District #1256 with The Diamond En in~~pany of Grand Island, Nebraska for an Increase
of $88,735.01 and a Revised Contract Amount of $3,851,360.44.
#2009-218 -Approving Bid Award for Surface Prep and Painting; of Island Oasis Water Park with
Jameson Painting of Minden, Nebraska in an Amount of $58,974.00.
#2009-219 -Approving Bid Award for Furnishing & Installation of Well at the Veterans Athletic
Field Complex with Nunnenkamp Well Co., Inc. of Grand Island, Nebraska in an Amount of
$29,890.00.
#2009-220 -Approving Bid Award for Furnishing & Installation of Irri atg ion System at the Veterans
Athletic Field Complex with Nature's Helper of Omaha, Nebraska in an Amount of $123,750.00.
#2009-221 - Approving Bid Award for Grading Improvements for the Veterans Athletic Field
Complex with Slepicka Construction of Dorchester, Nebraska in an Amount of $83,526.25.
#2009-223 -Approving Authorizing Park and Recreation Department Staff to Apply for Trail Grant.
#2009-225 -Approving Annual Agreement for Financial Software Licensing and Support with Tyler
Technologies Inc., MUNIS Division of Falmouth, Maine in an Amount of $114,357.50.
#2009-222 - Approving Agreement with the Nebraska Game and Parks Commission for
Enhancement of Hunter Education at the Heartland Public Shooting Park. Steve Paustian, Parks and
Recreation Director reported that the Nebraska Game and Parks Commission had developed a
program where the Commission would provide two boxes of ammunition to each successful
participant in the hunter education program firing a shotgun. This agreement would hold harmless the
Game and Parks Commission.
Motion by Gilbert, second by Dugan to approve Resolution #2009-222. Upon roll call vote, all voted
aye. Motion adopted.
#2009-224 - Approving First Amendment to Lease Agreement with Former Park Exposition and
Events Center Inc. Hall County Livestock Improvement Association, City of grand Island, and the
Nebraska State Fair Board. Councilmember Dugan stated he would pull any item from the Consent
Agenda that dealt with the Nebraska State Fair in order for the City to be transparent.
Page 8, City Council Regular Meeting, September 8, 2009
Motion by Dugan, second by Meyer to approve Resolution #2009-224. Upon roll call vote, all voted
aye. Motion adopted.
ORDINANCE:
#9231 -Consideration of Approving Salary Ordinance
Motion by Dugan, second by Meyer to approve Ordinance #9231 for all unions and pull out the non-
union portion and bring back to Council on September 22, 2009.
Lewis Kent, 624 Meves Avenue spoke in support of the unions.
Upon roll call vote, all voted aye. Motion adopted.
REQUEST S AND REFERRALS:
Consideration of Request from Olsson Associates for a Conditional Use Permit for a Vapor
Extraction Trailer Located at 373 North Vine Street. This item related to the aforementioned Public
Hearing.
Motion by Nickerson, second by Zapata to approve the request from Olsson Associates for a
Conditional Use Permit for a vapor extraction trailer located at 373 North Vine Street. Upon roll call
vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2009-226 -Consideration of Approving General Property, Parking District #2 (Ramp and
Community Redevelopment Authority Tax Request. This item related to the aforementioned Public
Hearing.
Motion by Ramsey, second by Zapata to approve Resolution #2009-226. Upon roll call vote,
Councilmember's Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted
aye. Councilmember Gilbert voted no. Motion adopted.
#2009-227 -Consideration of Approving 1 % Increase to the Lid Limit. Mary Lou Brown, Finance
Director reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on the
amount of restricted revenues a political subdivision could budget for. The restricted revenues that
the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor
Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues, property tax was the
only revenue that the City could control. The increase in restricted funds authority using the 1
additional amount and the population growth (when available) was not an increase in budgeted
revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a
future year if necessary.
Motion by Meyer, second by Gericke to approve Resolution #2009-227. Upon roll call vote,
Councilmember's Meyer, Niemann, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted
aye. Councihnember Gilbert voted no. Motion adopted.
#2009-228 -Consideration DirectingLProperty Owner to repair Sidewalk at 216 South Oak Street.
Steve Riehle, Public Works Director reported that the City had the authority to direct the repair and
Page 9, City Council Regular Meeting, September 8, 2009
replacement of sidewalks by owners of the abutting property. The sidewalk at 216 South Oak Street
was in need of repair and/or replacement. Discussion was held on the ability for the property owner
to pay for the repair of the sidewalk.
Motion by Meyer, second by Ramsey to approve Resolution #2009-228. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gericke to approve the Claims for the period of August 26, 2009
through September 8, 2009, for a total amount of $3,941,872.65. Unanimously approved.
Motion by Dugan, second by Gericke to approve the Claims for the Period of July 29, 2009 through
September 8, 2009 for the Veterans Athletic Field Complex for a total amount of $1,573.68.
Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:30 p.m.
R~~. ~~~
RaNae Edwards
City Clerk