06/08/2010 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 8, 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 June 8, 2010. Notice of the meeting was given in The Grand Island Independent on
June 2, 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, Nickerson, Zapata, and
Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk
RaNae Edwards, City Attorney Dale Shotkoski, Finance Director Mary Lou Brown, and Public
Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced CYC members Michael Hollman
and Aaron Oswald. Introduced were Boy Scout Troops #1 and #7. Mayor Hornady shared a
sample check of the volunteer hours totaling $35,476.28 from the Volunteer Teacher
Association. Also mentioned was the Hope Harbor Charity Shoot -June 12, 2010 at the
Heartland Public Shooting Park.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation " 20t" Anniversary Americans with Disabilities Act". Mayor Hornady proclaimed
July 26, 2010 as the " 20t" Anniversary -Americans with Disabilities Act".
Proclamation " 30t" Anniversary of the Grand Island Tornadoes" June 3, 2010. Mayor Hornady
proclaimed the " 30t" Anniversary of the Grand Island Tornadoes" June 3, 2010. Jon Rosenlund,
Emergency Management Director was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers
Avenue Suite #4 for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "C" Liquor License had been received from Full Circle Venue LLC dba
Full Circle Venue, 1010 Diers Avenue, Suite #4. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City
on May 14, 2010; notice to the general public of date, time, and place of hearing published on
May 29, 2010; notice to the applicant of date, time, and place of hearing mailed on May 18 2010;
along with Chapter 4 of the City Code. Staff recommended approval contingent upon final
inspections. No public testimony was heard.
Public Hearing on Request from Myriam Alvarez dba El Trancaso 413 West 4`" Street for a
Class "I" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "I"
Liquor License had been received from Myriam Alvarez dba El Trancaso, 413 West 4t" Street.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Page 2, City Council Regular Meeting, June 8, 2010
Control Commission and received by the City on May 19, 2010; notice to the general public of
date, time, and place of hearing published on May 29, 2010; notice to the applicant of date, time,
and place of hearing mailed on May 19 2010; along with Chapter 4 of the City Code. Staff made
no recommended. John Boehm, Attorney representing Myriam Alvarez spoke in support. No
further public testimony was heard.
Public Hearin og; n Request from Aurora Cooperative for a Conditional Use Permit for Bulk Fuel,
Propane and Anhydrous Ammonia Storage Located at 4415 East Highway Craig Lewis,
Building Department Director reported that Aurora Cooperative had requested a Conditional Use
Permit for the construction of a bulk fuel storage facility and storage of anhydrous ammonia at
4155 East Highway 30. This request would relocate the existing bulk fuel and propane storage
from 1104 S. Lincoln Street to the new location outside the City limits but within the two mile
zoning jurisdiction. Staff recommended approval. Dan Lau, 2550 N. Gunbarrel Road spoke in
opposition. Don Engel, Gibbon, Nebraska representing Aurora Cooperative spoke in support. No
further public testimony was heard.
Public Hearing on Request from Olsson Associates on behalf of the Nebraska State Fair, with
Hall Co. Livestock Improvement Assn. (Former Park) for a Conditional Use Permit for
Recreation Vehicle~RV) Park Located at 700 East Stolley Park Road. Craig Lewis, Building
Department Director reported that Olsson Associates on behalf of the Nebraska State Fair, with
Hall Co. Livestock Improvement Assn. (Former Park) had requested a Conditional Use Permit
for a Recreation Vehicle (RV) Park located at 700 East Stolley Park Road. Staff recommended
approval with the following conditions:
1) All interior roads and streets shall be improved to the design standards as
identified in section 36-96(G), permanent, dust-free like asphalt, concrete or
paving brick.
2) Annual inspection shall be conducted by the Building Department to check
compliance with City Codes; conditions imposed, and adopted building,
plumbing, electrical, and fire codes.
3) A 90 day time limit on the maximum allowable stay shall be imposed on all
recreational vehicles and campers in the campground. No RV shall be allowed to
remain longer than a 90 day consecutive period.
4) The size of any propane tank or other fuel container shall be limited to original
equipment supplied by the manufacture; no additional or external tanks shall be
permitted.
5) No skirting of any kind shall be allowed to be utilized with any recreational
vehicle or camper within the camp grounds.
6) Use be limited to the State Fair only until such time as all of the required
improvements and conditions established by the City Council are completed.
No public testimony was heard.
Public Hearing on Request from Prudent Technologies Inc. for a Conditional Use Permit for a
Temporary Office Construction Trailer Located at 3304 S. En~leman Road. Craig Lewis,
Building Department Director reported that Prudent Technologies, Inc. had requested a
Conditional Use Permit for the temporary placement of an office trailer at 3304 S. Engleman
Road. The office trailer would facilitate operations for a groundwater remediation project. Staff
recommended approval for a two year period. Mark Snyder representing Prudent Technologies
spoke in support. No further public testimony was heard.
Page 3, City Council Regular Meeting, June 8, 2010
Public Hearing_on Application for Edward Byrne Memorial Justice Assistance Grant (JAG)
2010. Steve Lamken, Police Chief reported that Grand Island Police Department and Hall
County Sheriff's Department were eligible to receive Justice Assistance Grant money in the
amount of $23,621.00 and $7,873.00 respectively. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located Along the South Side of Pioneer
Blvd. West of Blaine Street (Kenmare Owners Association). Gary Mader, Utilities Director
reported that a utility easement was needed along the south side of Pioneer Blvd., west of Blaine
Street in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers. Staff recommended approval. No public testimony was heard.
Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to Wireless
Communications Tower Regulations. Chad Nabity, Regional Planning Director reported that
proposed regulations would amend the Wireless Tower Regulations in Section 36-168 of the
Grand Island City Code. Staff recommended approval. Bob Naumann representing the Center for
Municipal Solutions spoke in support. No further public testimony was heard.
ORDINANCES:
#9262 - Consideration of Changes to Chapter 36 of the Grand Island City Code Relative
to Wireless Communications Tower Regulations
Motion by Meyer, second by Dugan to move Ordinance #9262 to the next available Study
Session. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert, Haase, Dugan,
Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Carney voted no. Motion
adopted.
CONSENT AGENDA:. Consent agenda items G-6 and G-9 were pulled from the agenda.
Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding items G-6
and G-9. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of May 25 2010 City Council Regular Meeting.
#2010-147 -Approving Final Plat and Subdivision Agreement for Woodland Park Eleventh
Subdivision. It was noted that Hastings Ventures, LLC, owners had submitted the Final Plat and
Subdivision Agreement for Woodland Park Eleventh Subdivision for the purpose of creating 11
lots on a tract of land comprising a part of Outlot A of Woodland Park Tenth Subdivision
comprising of approximately 4.317 acres.
#2010-148 - A~provin~ Application for Edward Byrne Memorial Justices Assistance Grant
JAG 2L 0.
#2010-149 - Approving Certificate of Final Completion for Water Main Proiect 2009-W-3 -
Alda Water Line with Van Kirk Brothers Contracting of Sutton, Nebraska.
Page 4, City Council Regulaz Meeting, June 8, 2010
#2010-150 - Approving- Acquisition of Utility Easement Located Along the South Side of
Pioneer Blvd., West of Blaine Street (Kenmare Owners Association).
#2010-151 -Approving Designation of Mc2 as the Sole Source Provider for Fluid Dynamics
Parts at the Wastewater Treatment Plant. This item was pulled from the agenda.
#2010-152 -Approving Advertising Contract with the Grand Island Independent in an Amount
of $20 000 from June 1, 2010 through May 31, 2011.
#2010-153 - Approvin Renewal of Pioneer Consortium Interlocal Agreement for Library
Services with the City of Bellevue, City of Gretna, City of Holdrege, City of Lincoln, City of
Omaha and City of St. Paul, Nebraska from May 1, 2010 to Apri130, 2011.
#2010-154 - Approving Contract with Center for Municipal Solutions Re ag rding
Communications Towers. This item was pulled from the agenda.
RE UESTS AND REFERRALS:
Consideration of Request from Aurora Cooperative for a Conditional Use Permit for Bulk Fuel,
Propane and Anhydrous Ammonia Storage Located at 4415 East Highway 30. This item is
related to the aforementioned Public Hearing.
Discussion was held regarding safety concerns with storing anhydrous ammonia. Don Engel
reported Aurora Cooperative had no safety problems or violations with storing anhydrous
ammonia and stated the Fire Marshall regulated these sites.
Motion by Meyer, second by Ramsey to approve the request from Aurora Cooperative for a
Conditional Use Permit for Bulk Fuel, Propane and Anhydrous Ammonia storage located at 4415
East Highway 39. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert, Haase,
Dugan, Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Carney voted no.
Motion adopted.
Consideration of Request from Olsson Associates on behalf of the Nebraska State Fair, with Hall
Co Livestock Improvement Assn. (Former Park) for a Conditional Use Permit for Recreation
Vehicle (RV) Park Located at 700 East Stollen Park Road. This item is related to the
aforementioned Public Hearing.
Discussion was held on the length of use for this year, drainage ditch, and dust control. Craig
Lewis, Building Department Director stated the length of use for the RV Park was for this years
State Fair until further improvements could be made.
Motion by Ramsey, second by Zapata to approve the request from Olsson Associates on behalf
of the Nebraska State Fair, with Hall Co. Livestock Improvement Assn. (Former Park) for a
Conditional Use Permit for Recreation Vehicle (RV) Park located at 700 East Stolley Park Road
with conditions as set out by City staff. Upon roll call vote, all voted aye. Motion adopted.
Page 5, City Council Regular Meeting June 8, 2010
Consideration of Request from Prudent Technologies, Inc. for a Conditional Use Permit for a
Temporary Office Construction Trailer Located at 2204 S. Engleman Road. This item is related
to the aforementioned Public Hearing.
Motion by Dugan, second by Niemann to approve the request from Prudent Technologies, Inc.
for a Conditional Use Permit for a temporary office construction trailer located at 3304 S.
Engleman Road for a two year period. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2010-155 - Consideration of Request from Full Circle Venue LLC dba Full Circle Venue, 1010
Diers Avenue Suite #4 for a Class "C" Liquor License and Liquor Manager Designation for
Casey Williams, 1321 Sheridan Place. This item related to the aforementioned Public Hearing.
Motion by Ramsey, second by Gericke to approve Resolution #2010-155 contingent upon final
inspections and Mr. Williams completing a state approved alcohol server/seller training program.
Upon roll call vote, all voted aye. Motion adopted.
#2010-156 -Consideration of Request from Myriam Alvarez dba El Trancaso, 413 West 4th
Street for a Class "I" Liquor License. This item related to the aforementioned Public Hearing.
Motion by Carney, second by Gilbert to make no recommendation to the Nebraska Liquor
Control Commission. Upon roll call vote, all voted aye. Motion adopted.
#2010-157 -Consideration of Updating the Personnel Rules. Brenda Sutherland, Human
Resources Director reported that the proposed changes in the Personnel Rules represented three
basic areas which included compliance, clarification, and policy changes. Changes included
adding "genetic information", language for drug testing for cause in the event of an accident or
injury, disciplinary actions, layoffs, furloughs, steps one and two be changed from six months
steps to one year steps, five consecutive days for vacation, funeral leave, and tuition
reimbursement.
Motion by Gericke, second by Niemann to postpone Resolution #2010-157 to the next available
meeting Ms. Sutherland would be present. Upon roll call vote, Councilmember's Meyer,
Niemann, Haase, Carney, and Gericke voted aye. Councilmember's Gilbert, Dugan, Ramsey,
Zapata, and Nickerson voted no. Mayor Hornady voted no. Motion failed.
A lengthy discussion was held on disciplinary actions due to loss of license to perform duties,
furloughs, step raises, bereavement leave, and worker's compensation claims and reporting
requirements.
Motion by Dugan, second by Nickerson to approve Resolution #2010-157. Discussion was held
regarding the Bereavement Leave and definitions of immediate family.
Motion by Dugan, second by Carney to amend Section 4.05 Bereavement Leave to include in the
immediate family -grandchildren and grandparents. Upon roll call vote, Councilmember's
Meyer, Niemann, Haase, Carney, Dugan, Zapata, Nickerson, and Gericke voted aye.
Councilmember's Gilbert and Ramsey voted no. Motion adopted.
Page 6, City Council Regular Meeting, June 8, 2010
Upon roll call vote on the main motion, Councilmember's Niemann, Gilbert, Haase, Carney,
Dugan, Ramsey, Zapata, and Nickerson voted aye. Councilmember's Meyer and Gericke voted
no. Motion adopted.
#2010-158 -Consideration of Early Retirement Program. Brenda Sutherland, Human Resources
Director reported that due to budget shortfalls and challenges in future budgets an early
retirement program was proposed for those employees within 18 months of regular retirement.
This program would allow employees to voluntarily leave early and receive the benefit of having
the City continue to pay the employer's portion of the health insurance for the next 18 months
until they qualify for Medicare.
Lewis Kent, 624 E. Meves Avenue spoke in opposition. Discussion was held on cash savings
through vacancies and lower pay for the next budget year. Mary Lou Brown, Finance Director
explained the break-even point which would happen in the next fiscal year.
Motion by Haase, second by Gilbert to approve Resolution #2010-158. Upon roll call vote, all
voted aye. Motion adopted.
#2010-159 -Consideration of Changes to the 2009/2010 Fee Schedule. Chad Nabity, Regional
Planning Director reported that fee increases were brought forward to more adequately cover the
cost of service provided. Discussion was held on fees and the cost to the City to provide certain
services. Mentioned was a review process.
Motion by Gilbert, second by Haase to wait until the budget process to approve changes to the
fee schedule. Upon roll call vote, Councilmember's Meyer, Niemann, Gilbert, Haase, Dugan,
Ramsey, Zapata, Nickerson, and Gericke voted aye. Councilmember Carney voted no. Motion
adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of May 26, 2010
through June 8, 2010, for a total amount of $2,667,177.41. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of May 26, 2010
through June 8, 2010 for the Veterans Athletic Field Complex for a total amount of $31,927.98.
Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of May 26, 2010
through June 8, 2010 for the State Fair Recreation Building for a total amount of $4,777.55.
Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
Q~~~
RaNae Edwards
City Clerk