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06/28/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING June 28, 2011 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 28, 2011. Notice of the meeting was given in The Grand Island Independent on June 22, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Larry Carney, Chuck Haase, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. Councilmember Bob Niemann was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Pastor Rene Lopez, Iglesia de Dios, 2325 West State Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Samantha Moravec and Kerrigan Anspauch. Mayor Vavricek gave the semi - annual State of the City address. Mentioned was the "new normal" where it was increasingly difficult to balance the cost of city services with revenue. The City had cut the cost of government by delaying vehicle purchases, refinancing the library addition and law enforcement center, and used employee vacancies for added savings. Mentioned were the many projects the City currently were pursuing such as: the North East Interceptor sewer system replacement, train noise, City Fieldhouse, Economic Development incentive agreements, Veteran's Athletic Complex, dewatering, detention cell management, contaminated ground water, annexation, redistricting, Lincoln Pool, among many other projects. (See attached.) Councilmember President Gilbert gave the State of the Council address. President Gilbert commented on three challenges: 1) open, honest communication, 2) the ability to vote on issues, and 3) knowledge and experience during these difficult economic times. (See attached.) City Administrator Mary Lou Brown gave an update on the potential sanitary sewer extension along Highway 281, meetings with the NDEQ, feasibility study of the project, and SID tax. Quiet Zone (train horn noise) was currently moving forward. Monthly financial report for June was presented. Strong cash balance with General fund actual receipts tracking with estimated revenues. Sales tax receipts had grown over last year but were expected to come in under budget. Expenses were coming in under budget with personnel costs down and vehicle purchases delayed. Food & beverage occupation tax and gas tax were status quo. Page 2, City Council Regular Meeting, June 28, 2011 PRESENTATIONS: Recognition of Lonnie Wilsey, Sr. Materials Handler in the Utilities Department for 35 Years of Service with the City of Grand Island. The Mayor and City Council recognized Lonnie Wilsey for 35 years of service with the City as Sr. Materials Handler with the Utilities Department. Utilities Director Tim Luchsinger commented on Mr. Wilsey commitment to the City. Mr. Wilsey was present for the recognition. PUBLIC HEARINGS: Public Hearing on Request from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class "C" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "C" Liquor License had been received from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 13, 2011; notice to the general public of date, time, and place of hearing published on June 18, 2011; notice to the applicant of date, time, and place of hearing mailed on June 13, 2011; 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 Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License. RaNae Edwards, City Clerk reported that an application for a Class "I" Liquor License had been received from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on May 31, 2011; notice to the general public of date, time, and place of hearing published on June 18, 2011; notice to the applicant of date, time, and place of hearing mailed on May 31, 2011; 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 Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street, Unit #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 Gerardo Gutierrez dba Tacos Las Palmas, 645 South Locust Street, Unit #4. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on June 6, 2011; notice to the general public of date, time, and place of hearing published on June 18, 2011; notice to the applicant of date, time, and place of hearing mailed on June 6, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at the Northwest Corner of 611 Willow Street — Willow & 7t11 Streets (Robert G. Eihusen). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at the northwest corner of 611 Willow Street — Willow & 7th Streets was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of providing a location for water and sewer lines to the proposed Platte Valley Industrial Park East. Staff recommended approval. No public testimony was heard. Page 3, City Council Regular Meeting, June 28, 2011 Public Hearing; on Acquisition of Utility Easement Located West of Blaine Street South of Schimmer Drive (Grand Island Economic Development Corp. — Wildwood Trust). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located west of Blaine Street, south of Schimmer Drive was needed in order to have access to install, upgrade, maintain, and repair appurtenances, including lines and transformers for the purpose of providing a location for water and sewer lines to the proposed Platte Valley Industrial Park East. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of Wildwood Drive, East of Blaine Street (Thomas & Carlotta Hartman). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located north of Wildwood Drive and east of Blaine Street was needed in order to have access to install, upgrade, maintain, and repair water mains for the purpose of providing a termination point for the water main to be installed in Wildwood Drive as part of the Platte Valley Industrial Park East project. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of Wildwood Drive, East of the St. Joseph Branch UPRR Track (Evelyn Blattner). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located north of Wildwood Drive and east of the St. Joseph Branch UPRR Track was needed in order to have access to install, upgrade, maintain, and repair water and sewer lines for the purpose of providing a location for the water and sewer lines to the proposed Platte Valley Industrial Park East project. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent Agenda item G -2 was removed for further discussion. Motion by Ramsey, second by Nickerson to approve the Consent Agenda excluding item G -2. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 14, 2011 City Council Regular Meeting. #2011 -148 — Approving Acquisition of Utility Easement Located West of Blaine Street, South of Schimmer Drive (GI Economic Development Corp. — Wildwood Trust). #2011 -149 — Approving Acquisition of Utility Easement Located North of Wildwood Drive, East of Blaine Street (Thomas & Carlotta Hartman) #2011 -150 — Approving Acquisition of Utility Easement Located North of Wildwood Drive, East of the St. Joseph Branch UPRR Track (Evelyn Blattner). #2011 -151 — Approving Memorandum of Understanding with South Central Economic Development District, Inc. #2011 -152 — Approving Housing Development Corporation Contract Extension for Neighborhood Stabilization. Page 4, City Council Regular Meeting, June 28, 2011 #2011 -153 — Approvin Energy Efficienc�greement for Thermal Imaging Project #2011 -154 — Approving the Nebraska Department of Health and Human Services Agreement for a 2011 -2012 Child Well-Being Grant. rant. #2011 -155 — Approving Award Amendment #2 for Engineering Services for Aeration Basin Improvements at the Wastewater Treatment Plant with Black & Veatch Corporation of Kansas City, Missouri in an Amount of $35,770.25. #2011 -156 — Approving Authorization for Emergency Sanitary Sewer Repairs on Circle Drive with The Diamond Engineering _Company of Grand Island Nebraska in an Amount of $21,135.20. #2011 -157 — Approving Certificate of Final Completion for Installation of Primary Clarifier Mechanism Replacement, Project No. WWTP- 2010 -2 with Oakview Construction inc. of Red Oak, Iowa. Approving Liquor Manager Designation for Hector Hernandez, 610 West 6th Street for Zona Rosa Nightclub, 611 East 4th Street. Comments were made concerning the Police Department background investigation on Hector Hernandez' spouse. Motion by Gilbert, second by Dugan to deny the request from Hector Hernandez, 610 West 6th Street for Liquor Manager designation for Zona Rosa Nightclub, 611 East 4th Street. Upon roll call vote, Councilmember's Haase, Gilbert, Dugan, and Gericke voted aye. Councilmember's Carney, Ramsey, Nickerson, Donaldson, and Gard voted no. Motion failed. Police Chief Lamken commented on the investigation and stated the background check did not bring up concerns for the Police Department. Motion by Nickerson, second by Ramsey to approve the request from Hector Hernandez, 610 West 6th Street for Liquor Manager designation for Zona Rosa Nightclub, 611 East 4th Street. Upon roll call vote, Councilmember's Haase, Carney, Ramsey, Nickerson, Donaldson, Gard, and Gericke voted aye. Councilmember's Gilbert and Dugan voted no. Motion adopted. RESOLUTIONS: #2011 -158 — Consideration of Request from MJR, Inc. dba Bandits, 1016 Diers Avenue, Suite 118 for a Class "C" Liquor License and Liquor Manager Designation for Tim McMullen, 819 West 12th Street. This item related to the aforementioned Public Hearing. Motion by Gard, second by Gilbert to approve Resolution #2011 -158 contingent upon final inspections and completion of a state approved alcohol server /seller training program. Upon roll call vote, all voted aye. Motion adopted. #2011 -159 — Consideration of Request from Fuji Steak House, Inc. dba Fuji Japanese Steak House, 1004 North Diers Avenue, Suite 200 for a Class "I" Liquor License and Liquor Manager Designation for Tu Gen Yang, 3720 State Street, Apt. 3. This item related to the aforementioned Public Hearing. Page 5, City Council Regular Meeting, June 28, 2011 Motion by Gilbert, second by Haase to approve Resolution #2011 -159 contingent upon final inspections and completion of a state approved alcohol server /seller training program. Upon roll call vote, all voted aye. Motion adopted. #2011 -160 — Consideration of Request from Gerardo Gutierrez dba Tacos Las Palmas 645 South Locust Street, Unit #4 for a Class "C" Liquor License. This item related to the aforementioned Public Hearing. Motion by Ramsey, second by Gericke to approve Resolution #2011 -160 contingent upon final inspections and completion of a state approved alcohol server /seller training program. Upon roll call vote, all voted aye. Motion adopted. #2011 -162 — Consideration of Approving a Resolution Authorizing the he Operation of the City Dewatering Wells. Public Works Director John Collins reported that on December 21, 1998 the City Council approved an agreement with the Central Platte Natural Resources District (CPNRD) for the installation of test wells and monitoring wells for studying the success of the wells at lowering groundwater levels. The agreement was specifically limited to no more than 36 months. In order for the City to continue operating the dewatering wells it needs council approval. Staff recommended continuing the dewatering wells at the following locations: • 330 Villa Mar Dee Avenue • 4351 Cambridge Road • 4255 Nevada Avenue • 2513 Phoenix Avenue • 910 Sun Valley Drive The following people spoke: • Dan Zabka, 2319 Riverview Drive — wanted City to pay for his dewatering well • Doug Winder, 4355 Cambridge Road — support • Francis Sindelar, 2448 W. LaMar Avenue — support • Roger Lindly, 923 Phoenix Avenue — support • Gene Knehans, 2515 W. Phoenix Avenue — support • Lewis Kent, 624 Meves Avenue — support Motion by Nickerson, second by Gilbert to approve Resolution #2011 -162. Discussion was held regarding costs, replacement of wells, relocation of wells, and easements. Motion by Dugan, second by Carney to amend the Resolution to add "existing" between repair and dewatering wells; deleting "initially" and adding "the following" between of and facilities to the last paragraph. Upon roll call vote, all voted aye. Motion adopted. Motion by Carney, second by Gericke to incorporate $1.00 to the water and sewer bill until those costs were liquidated. Building Director Craig Lewis commented on a 35¢ charge on the utility bill for the backflow program. Discussion was held on the legality of adding a surcharge of $1.00 to the utility bill. City Attorney Bob Sivick stated he could not give a definite answer at this time. Page 6, City Council Regular Meeting, June 28, 2011 Upon roll call vote of the amendment, Councilmember's Carney and Gericke voted aye. Councilmember's Haase, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted no. Motion failed. Upon roll call vote of the main motion, all voted aye. Motion adopted. #2011 -161 — Consideration of Approving Fraternal Order of Police (FOP) No 24 Labor Agreement. Human Resources Director Brenda Sutherland reported that there were few changes from the current contract. Some of the changes included: tracking personal leave, vacation and medical leave, changing funeral leave to bereavement leave, increase to the amount of medical leave for immediate family members, and increasing the steps from 8 to 9. The first year of the contract would have a 0% increase and a 1.75% salary increase in the second year. FOP President Jarret Daugherty stated the two year contract was fair to both sides during these difficult economic times. Motion by Gericke, second by Gilbert to approve Resolution #2011 -161. Upon roll call vote, all voted aye. Motion adopted. #2011 -163 — Approving Bid Award for Uranium Removal System Equipment with Water Remediation Technologies of What Ridge Colorado in an amount of $8,031,066.90. Utilities Director Tim Luchsinger reported that sealed bids for Uranium Removal System Equipment Procurement were opened on May 5, 2011. Water Remediation Technologies submitted the lowest responsible bid. Discussion was held regarding bonding the capital cost. It was mentioned that rate increases would cover the operation costs. Anticipated growth to the City was mentioned. Motion by Gilbert, second by Dugan to approve Resolution #2011 -163. Upon roll call vote, all voted aye. Motion adopted. #2011 -164 — Consideration of Selling One -Stop Building Located at 1306 West 3rd Street. Building Department Director Craig Lewis reported the property was purchased in July of 1996 and was currently leased to the State of Nebraska Department of Administrative Services and would expire on June 30, 2011. Staff recommended declaring this property as surplus property and authorize City staff to proceed with a request for proposal to dispose of the property. Discussion was held regarding the current tenants. Mr. Lewis stated they would have 120 days before they would have to vacate. Motion by Carney, second by Gard to approve Resolution #2011 -164. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Ramsey to approve the Claims for the period of June 15, 2011 through June 28, 2011, for a total amount of $3,641,541.31. Unanimously approved. Page 7, City Council Regular Meeting, June 28, 2011 ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Dugan to adjourn to Executive Session at 9:02 p.m. for the purpose of union negotiation updates for the protection of the public interest. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Gard to return to Regular Session at 10:48 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 10:48 p.m. Qc� �Ll� RaNae Edwards City Clerk It's an honor to once again present a State of the City and resume efforts I initiated four years ago to promote open communication to you as Mayor of Grand Island on behalf of our City Council. First, thank you for all your support, the many kind notes, calls of encouragement, your thoughts and prayers. I would also like to thank our City Council members for their tireless work. Because of your time and dedication, Grand Island is growing and we're moving forward. To Councilmember Gericke, welcome back and Councilmember Niemann, who is not with us tonight for health reasons, we hope you recover soon to join us. We live in a great city with signs of progress, signs of strength, and signs of new beginnings. So let's take time to remind ourselves of good work accomplished and great effort from so many. In these tough economic times, the "new normal"... it's a time where it is increasingly difficult to balance the cost of City services with revenue. It is a different situation from when I served before. Almost every decision today is financially related in one way or the other. Decisions and recommendations are determined by city code, council decisions, Nebraska law, and the wisdom used to survive in business today and common sense. The past six months we cut the cost of government. We managed taxpayer dollars wisely and lived within our means. We didn't spend money we didn't have. We saved over $1 million from this year's budget. With council awareness we delayed major vehicle purchases. We used employee vacancies for added savings. Council approved refinancing the library addition and law enforcement center and over the course of the life of the loan saved $475,000 and we'll capture even more savings when council is brought forward the opportunity to refinance the City's events center debt. With council's awareness, we strengthened our cash reserve to improve our City's financial health, just like a business would do in lean times to offer citizens a greater sense of security and city financial flexibility. We protected any organization's most vital resource ... its employees. Working together, council leadership set in motion a plan to replace a large section of our City's sewer system to ease concerns of its stability for continued essential service to long -time residents. Once a "north east interceptor" is located, it may prove to serve other customer needs in the future. On the advice from City staff, council said yes, it makes sense to eventually close Elm Street to make a long standing objective more affordable to help reduce the noise of passing trains near our Downtown business district and enhance our quality of life. Construction is due for completion next year. Good news too. All parties negotiated in good faith and the council is set to approve a zero percent wage increase for our City's Police Department respecting the wishes of taxpayers to help keep our neighborhoods safe and secure from crime and gangs. Future city growth - it's important and from all corners of our community we've expanded our local economy. Supported the Nebraska State Fair and the year round use of its facilities and completed surfacing of the City's fieldhouse floor and saving taxpayers $35,000 with help from the Edgar Reynolds Foundation. Awarded two more economic incentive agreements to Case New Holland and Standard Iron as part of the eighth year of success of LB 840 creating 800 jobs and nearly $3 million worth of job performance incentives. Kept the door open to extend sewer potentially along the Highway 281 corridor at customer's expense for new economic growth. And just drive by Five Points and Skagway, see what's possible if reinvestment occurs Downtown or in the former Aurora Coop county industrial tract. Our City is proud to support family enjoyment with the opening of four lighted ball fields and 16 acres of soccer fields this fall at the Veteran's Athletic Complex near Eagle Scout Lake. Since December, efforts for broader communication and citizen awareness of pending actions before our council has included: a nine hour long range planning retreat, 14 city council meetings, 18 city council study sessions, issuance of 151 press releases and public service announcements, data from monthly city administrator reports, countless emails, managed a City web site for 24 hour day accessibility and during the course of 32 open public meetings exactly 369 agenda topics were approved by our council. But ... our work is not done yet. Dewatering plans have been brought to light and now set for discussion in addition to the City's ongoing investments to protect flooding for northwest property owners and help protect southwest neighbors with drainage improvements near Central Community College and the Wood River. Detention cell management and resolving the migrating plume of contaminated groundwater remain and need continued efforts. Clean neighborhoods, the Citizen Survey said we could do better and I believe we can. One place to start is the road sides along Highway 281 and the mall areas while being sensitive to guests and visitors. It's time to explore creating a business improvement district there to help like we do on other road side areas of pride. Otherwise, you bet. It's time for a community wide cleanup campaign. Railroad crossings... sorry, they're still on my list from campaign trail suggestions like the Burlington Northern and Union Pacific tracks on North Broadwell to crossings at Stolley Park and Blaine Street, they are not forgotten to be repaired. As for future community issues in fairness of City tax payers, they include: • Consideration of annexation of six Ag land parcels surrounded by City limits; • Lincoln Park Pool; • Marketing and rental use of the City fieldhouse; • A naming rights policy for municipal investments; • City council ward redistricting, which after second thought does need a committee involvement; • An economic plan needs to be developed for voter approval with more accountability using the knowledge we have learned; • A long term plan to deal with our unsustainable City budget, as well as any matter any council suggests. As for next year's City budget, efforts started in December when we all assumed office. So many efforts and suggestions to stretch a dollar under using guidelines of the City's budget prioritization are impending. On the heels of cutting a couple of million dollars and 25 full time positions a year ago, a second round of potential job cuts are hoped to be manageable. It's also based on reality, of the need to replace lost revenue. City staff, I and council members alike, will come to you in a series of neighborhood meetings and ask for your participation during several city council budget sessions next month. So help us. Otherwise let me conclude this State of the City. I sometimes get the impression with the hectic pace we live and trying to balance a check book at home, we fail to remind ourselves of good things and great things, some of which we take for granted like: • The ability to see stars at night in the safety of our own backyard; • Of a granddaughter reading in the City's summer reading program; • Of splashing and laughter in a wading pool; • Or stop to think a siren's sound means aid is on the way; • Or to another, the siren is warning and worry if a loved one will return home safe and sound ... ALL based on city of Grand Island services. It is important to note, that the future of our community is not driven by city government or any one organization. It is driven by energy and sense of community and faith, just as it was when settlers started a new beginning here along the Platte River to live, work, and raise a family. It's also been said "if you don't know where you're going, you'll end up somewhere." We need to define a cohesive community vision ... a process to set goals for year 2020. The spark of which needs to begin now. So ... Who will take the lead and in what way? Finally, much appreciation of hard work and effort and dedication needs to be acknowledged. To the leadership to my left and my right ... thank you, we're all in this together; devoting the time we have on this earth to successfully do the job we were elected to do. I'm confident we can. City department directors and our city administrator, you're what makes this city clock tick. Your service is on display front and center each and every day and vital, just as the dedication of 500 others in City operations. And to the men and women and our neighbors serving in harms way, Afghanistan, Iraq, Kosovo, and around the world, we're there with you and appreciate all veteran service and sacrifice over the generations that has provided us the opportunity to govern ourselves. To a fellow Islander, U.S. Army Sergeant Matt Hoggatt, wounded in action in Afghanistan, we wish you a speedy recovery. You make us proud and come home soon. People of Grand Island, there are signs of progress, signs of strength, and signs of new beginnings right here before us. Let us not lose sight of what a great community is all about and work on the future successfully in the months and years ahead. Thank you for allowing me the opportunity to speak in service to you. This concludes the State of The City this 28t' day of June, 2011. Thank you and may God bless. Respectfully submitted this 28h day of June, 2011. Jay Vavricek Mayor of Grand Island 2011 has had positive accomplishments and goals established for the future of Grand Island with what I see is the beginning framework of a new administration. As Council President I would like to offer 3 challenges /opportunities going forward. The first part of the framework is open honest communication amongst stakeholders. I don't know an industry that doesn't suffer from difficulties in communication especially when there are new communication styles entered into the mix. I can only use the data from my own profession to support what I am saying: 70 -80% of medical mishaps are related to interpersonal communication; 66% of Sentinel Events have incomplete communication as a primary root cause; 75% of adverse events have communication breakdowns as the primary contributing factor; This area can be a unique challenge between council members as we are not allowed to meet in a majority and e-mail has its restrictions. However, it is imperative to SPEAK UP in the beginning of an issue, at study sessions and for an individual citizen caller. Not all of us will agree on a topic (I hope we don't — this tends to lend to a better process) but we can't allow a difference of opinion to be thought of as conflict but simply an informed, respectful open debate. Second, the power entrusted to us by the citizens is our ability to vote on the issues. This is a power we need to hold in sacred trust so it is used only to advance or stop issues so the majority vote reflects the best interests of the community. Third, we are in difficult economic times and it will take the knowledge and experience of the dedicated colleagues whom I have the honor of serving to help with providing the vision. Everyone's background and experiences are valuable and different and I am including citizens, the mayor, staff in encouraging everyone to bring innovative solutions to improve the processes of our city, which most importantly to all of us, is our home. We alone do not have all the answers. These are what I offer to be essential parts of the new framework... communication, regular meetings where each vote reflects the betterment of our community and increasing involvement of all the stakeholders as decisions are made for the future. Thank you for the opportunity to share these thoughts and to serve as your Council President.