01/12/2010 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 12, 2010
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on January 12, 2010. Notice of the meeting was given in The Grand Island Independent
on January 6, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember's
were present: Meyer, Niemann, Gilbert, Haase, Carney Dugan, Ramsey, Zapata, Nickerson, and
Gericke. The following City Officials were present: City Administrator JeffPederson, 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.
COMMUNICATION: Mayor Hornady introduced CYC members Jared Bombeck, Lauren
Kruger, Allison Hoover and Board member Theresa Engelhardt.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Tom Carlson, Public Works En ing Bering Technician Supervisor for 30 Years of
Service with the City of Grand Island: Mayor Hornady and City Council recognized Tom
Carlson, Public Works Engineering Technician Supervisor for 30 years of service with the City
of Grand Island. Public Works Director Steve Riehle commented on Mr. Carlson's service with
the Public Works Department. Mr. Carlson was present for the recognition.
Proclamation of Appreciation to the Decedents of William Stoney for Establishing the Stoney
House Foundation Fund. Mayor Hornady read the proclamation recognizing Lillian Lappe,
Richard Palmer, and Grace Carmody decedents of William Stoney for establishing the Stoney
House foundation fund. Building Department Director Craig Lewis was present to receive the
proclamation.
PUBLIC HEARINGS:
Public Hearin og_ n Request from Walgreens Co. dba Walgreens #03467, 1515 West 2°d Street for
a Class "D" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class
"D" Liquor License had been received from Walgreens Co. dba Walgreens #03467, 1515 West
2nd Street. Ms. Edwards presented the following exhibits for the record: application submitted to
the Liquor Control Commission and received by the City on December 14, 2009; notice to the
general public of date, time, and place of hearing published on January 2, 2010; notice to the
applicant of date, time, and place of hearing mailed on December 14, 2009; along with Chapter 4
of the City Code. Staff recommended approval contingent upon final inspections. Becky Burks,
1324 West Anna Street spoke in opposition and Lois Maybon, 224 Ponderosa spoke in support.
No further public testimony was heard.
Page 2, City Council Regular Meeting, January 12, 2010
Public Hearin og n Request from Walgreens Co. dba Walgreens #12538 1230 North Webb Road
for a Class "D" Liquor License. RaNae Edwards, City Clerk reported that an application for a
Class "D" Liquor License had been received from Walgreens Co. dba Walgreens #12538, 1230
North Webb Road. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on December 14, 2009;
notice to the general public of date, time, and place of hearing published on January 2, 2010;
notice to the applicant of date, time, and place of hearing mailed on December 14, 2009; along
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections.
Becky Burks, 1324 West Anna Street spoke in opposition. No further public testimony was
heard.
Public Hearing on Request from Consolidated Concrete Co. for a Conditional Use Permit for
Use of Two Conex Containers to Store Concrete Located at 3440 West Old Highway 30. Craig
Lewis, Building Department Director reported that Consolidated Concrete Co. had submitted an
application for continued use of two Conex containers to store concrete located at 3440 West Old
Highway 30. Staff recommended approval for 12 months. No public testimony was heard.
Public Hearing Concerning Acquisition of Utility Easement Located at 425 N. Diers Avenue
(TK Babel Properties, LLCM Gary Mader, Utilities Director reported that a utility easement was
needed at 3815 Arch Avenue 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, cable, and apad-mounted transformer to provide electrical service to a new building.
Staffrecommended approval. No public testimony was heard.
Public Hearing, Concerning Acquisition of Utility Easement Located at 4160 Old Potash
Highway (Hall County School District #2~ Gary Mader, Utilities Director reported that a utility
easement was needed at 3815 Arch Avenue in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. This easement would also
include access to install, upgrade, maintain and repair public water lines and fire hydrants. This
easement would be used for a new 10" water main to provide fire protection and water service
for the expanded school and for primary electrical lines and transformer. Staff recommended
approval. No public testimony was heard.
CONSENT AGENDA: Consent Agenda items G-10, G-13, and G-21 were removed for further
discussion. Motion by Zapata, second by Dugan to approve the Consent Agenda excluding items
G-10, G-13, and G-21. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of December 15, 2009 City Council Regular Meeting.
Approving Minutes of December 29, 2009 City Council Special Meeting.
#2010-1 -Approving Acquisition of Utility Easement Located at 425 N. Diers Avenue (TK
Babel Properties, LLC).
#2010-2 - Approving Acquisition of Utility Easement Located at 4160 Old Potash Highway
(Hall County School District #2).
Page 3, City Council Regular Meeting, January 12, 2010
#2010-3 - Anprovin~ Certificate of Final Completion for Water Main Project 2008-W-8 -First
Street from Pine Street to Plum Street with General Excavating of Lincoln Nebraska
#2010-4 -Approving Change Order #1 for Cooling Tower Overhaul at Platte Generating Station
with International Coolin>; Tower USA Inc. of Edmonton Canada for an Increase of
$111,129.00 and a Revised Contract Amount of $1 251 129.00.
#2010-5 -Approving Change Order #1 for Rogers Reservoir with Nat un Corporation of
Wakefield, MA for an Increase of $26,201.00 and a Revised Contract Amount of $1 798 501 00
#2010-6 -Approving Bid Award for Electrical Circuit Breakers for Substation J (Wildwood and
Blaine Streets) with HVB AE Power Systems, inc. of Suwanee, GA for (2) 121 kV Circuit
Breakers in an Amount of $108,070.00; Areva T & D, Inc. of Charleroi PA for (2) 15 5 kV Bus
Circuit Breakers in an Amount of $80,357.00; and Siemens c/o Energy Solutions) of Omaha
NE for (5) 15.5 kV Distribution Circuit Breakers in an Amount of $74 241.95.
#2010-7 -Approving Installation of a Private Well by Goodwill Industries to Service Newly_
Installed HVAC Equipment.
#2010-9 -Approving Contract for Vending Machine Services at City Hall with VVS Inc. of
Cozad, Nebraska.
#2010-10 -Approving Bid Award for One (1) 2010 Four Wheel Drive Front End Loader for
Solid Waste Division with NMC, Inc. of Doniphan, Nebraska in an Amount of $108 500.00.
#2010-12 -Approving Certificate of Compliance with the Nebraska Department of Roads for
Maintenance Agreement No. 12; Calendar Year 2010.
#2010-13 -Approving Certificate of Final Completion for the Demolition and Di~osal of
Concrete for Anaerobic Digestion Site at Wastewater Treatment Plant with Hooker Brothers
Construction Company of Grand Island, Nebraska.
#2010-14 -Approving Addendum Number 1 to the Agreement for Primary Clarifier Mechanism
Replacement at the Waste Water Treatment Plant with Oakview Construction, Inc. of Red Oak
Iowa in an Amount of $290.00 and a Revised Contract Amount of $602,690.00.
#2010-15 -Approving Rental Property Rehabilitation Lien Release for Property Located at 216
East Second Street Owned by Theodore & Jean Molczyk and Helen & Richard Strehle.
#2010-16 - Approving Change Order No. 1 for Ambulance Remount with Arrow
Manufacturing, Inc. of Rock Rapids, Iowa for a Decrease of $3,425.00 and a Revised Contract
Amount of $76,489.00.
#2010-17 -Approving Contract for Temporary Help with Advance Services, Inc. of Grand
Island, Nebraska to help fill the temporary position of Meter Reader.
#2010-18 -Approving Purchase of Mobile Data Video System Upgrade with Data911 in an
Amount of $69.004.30.
Page 4, City Council Regular Meeting, January 12, 2010
#2010-8 -Approving Revised Hazard Mitigation Grant Application with Federal Emergency
Management A>?ency (FEMA) and Nebraska Emergency Management Agency (NEMA) for
Outdoor Warning Siren Replacement and Installation Project. Emergency Management Director
Jon Rosenlund commented on the number of sirens and shared cost with the county.
Motion by Gilbert, second by Nickerson to approve Resolution #2010-8. Upon roll call vote, all
voted aye. Motion adopted.
#2010-11 - Approvin>z Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads. Motion by Meyer, second by Ramsey to approve Resolution #2010-11. Upon roll call
vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Consolidated Concrete Co. for a Conditional Use Permit for Use
of Two Conex Containers to Store Concrete located at 3440 West Old Highway 30. This item
related to the aforementioned Public Hearing.
Motion by Nickerson, second by Meyer to approve the request from Consolidated Concrete Co.
for a Conditional Use Permit for use of two Conex containers to store concrete located at 3440
West Old Highway 30 until December 31, 2010. Upon roll call vote, all voted aye. Motion
adopted.
Consideration of Request from Conrado Anchondo, 917 West 4th Street for Liquor Manager
Designation for Fiesta Latina/Nebraska Music Hall, 2815 South Locust Street. RaNae Edwards,
City Clerk reported that Conrado Anchondo, 917 West 4th Street had submitted an application for
Liquor Manager Designation for Fiesta Latin/Nebraska Music Hall, 2815 South Locust Street.
Based on the Police Department report, the application was incomplete and inaccurate according
to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01 and recommended denial.
Motion by Meyer, second by Nickerson to deny the application for Liquor Manager Designation
submitted by Conrado Anchondo, 917 West 4th Street for Fiesta Latina/Nebraska Music Hall,
2815 South Locust Street. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2010-20 -Consideration of Request from Walgreens Co. dba Walgreens #03467, 1515 West
2nd Street for a Class "D" Liquor License and Liquor Manager Designation for James Karins,
4601 Browning Court, Lincoln, Nebraska. This item related to the aforementioned Public
Hearing.
Lois Maybon, 224 Ponderosa commented on the corporate practice of selling alcohol in all
Walgreens stores. Ms. Maybon stated neither of the stores here in Grand Island had sold tobacco
to minors since she had been manager over the last two years. Alcohol density per capita was
mentioned.
Page 5, City Council Regular Meeting, January 12, 2010
Motion by Gilbert, second by Meyer to approve Resolution #2010-20. Upon roll call vote,
Councilmember's Meyer, Gilbert, Haase, Carney, Ramsey, Zapata, Nickerson, and Gericke
voted aye. Councilmember's Niemann and Dugan voted no. Motion adopted.
#2010-21 -Consideration of Request from Walgreens Co dba Walgreens #12538 1230 North
Webb Road for a Class "D" Liquor License and Liquor Mana er Designation for James Karins
4601 Browning Court, Lincoln Nebraska. This item related to the aforementioned Public
Hearing.
Motion by Gilbert, second by Meyer to approve Resolution #2010-20. Upon roll call vote,
Councilmember's Meyer, Gilbert, Haase, Carney, Ramsey, Zapata, Nickerson, and Gericke
voted aye. Councilmember's Niemann and Dugan voted no. Motion adopted.
#2010-22 -Consideration of Transferring General Funds to Golf Course Fund Mary Lou
Brown, Finance Director reported that the Golf Course Fund was part of the Enterprise Funds
and had a negative cash balance and negative total net assets balance. Ms. Brown explained the
potential solutions for each and recommended council approve the transfer of $329,000 from the
General Fund to the Golf fund to eliminate the negative cash balance.
Lewis Kent, 624 East Meves Avenue questioned what the money was spent on. Discussion was
held on the financial situation over the last 5 years. The last 2 years the Golf Course had been
operating on a cash positive basis.
Motion by Meyer, second by Haase to approve Resolution #2010-22. Upon roll call vote, all
voted aye. Motion adopted.
#2010-23 -Consideration of Approving IBEW Service/Clerical Union Contract Brenda
Sutherland, Human Resources Director reported that a new union was created represented by the
International Brotherhood of Electrical Works, Local 1597 which included employees from the
following City departments: Administration, Building, Emergency Management, Finance,
Library, Parks & Recreation, Planning, Police, Public Works, and Utilities. Representatives had
been negotiating for several months and had come to an agreement on the labor agreement.
Discussion was held on comparable laws, survey, and array. Jeff Pederson, City Administrator
commented on the impact to budgets and sated these amounts would be absorbed within each
department budgets.
Motion by Meyer, second by Nickerson to approve Resolution #2010-23. Upon roll call vote,
Councilmember's Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and
Gericke voted aye. Couz~cilmember Haase voted no. Motion adopted.
#2010-19 -Approving Changes to FTE Allocation for Police Department Parks and Recreation
Department, and Finance Department. Brenda Sutherland, Human Resources Director reported
that several reclassifications within the Police Department,-Parks and Recreation Department and
Finance Department were needed.
Motion by Ramsey, second by Gericke to approve Resolution #2010-19.
Page 6, City Council Regular Meeting, January 12, 2010
Discussion was held regarding the timing and increasing salaries with our current budget
shortfalls. Steve Paustian, Parks and Recreation Director explained the duties of the current part-
time FTE's. Mr. Paustian also stated this was a $5 million facility and this position was needed
for it to succeed.
Motion by Gilbert, second by Haase to amend the motion to remove the FTE position for the
Recreation Coordinator. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert, Haase,
Dugan, Zapata, and Nickerson voted aye. Councilmember's Carney, Ramsey, and Gericke voted
no. Motion adopted.
Upon roll call vote of the main motion with amendment, all voted aye. Motion adopted.
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:
#9247 - Consideration of Salary Ordinance
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 Nickerson second the motion. Upon roll call vote, Councilmember's Meyer,
Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye.
Councilmember Haase voted no. Motion adopted.
Brenda Sutherland, Human Resources Director reported that a new salary ordinance needed to be
approved to include the IBEW, Local 1597 labor contract. Also included were the changes
approved by Council in Resolution 2010-19.
Motion by Meyer, second by Gericke to approve Ordinance #9247 with the adjustment of
removing the Recreation Coordinator.
City Clerk: Ordinance #9247 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 Meyer, Niemann,
Gilbert, Carney, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember's Haase and
Ramsey voted no. Motion adopted.
City Clerk: Ordinance #9247 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 Meyer, Niemann,
Gilbert, Carney, Dugan, Zapata, Nickerson, and Gericke voted aye. Councilmember's Haase and
Ramsey voted no. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9247 is declared to be lawfully adopted upon publication as required by law.
Page 7, City Council Regular Meeting, January 12, 2010
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of December 29,
2009 through January 12, 2010, for a total amount of $2,216,125.15. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the period of December 16,
2009 through January 12, 2010 for the Veterans Athletic Field Complex for a total amount of
$24,586.57. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:40 p.m.
~~. ~ ~ ~~.
RaNae Edwards
City Clerk