09/27/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 27, 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 September 27, 2011. Notice of the meeting was given in The Grand Island
Independent on September 21, 201 l.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember
Chuck Haase 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 Councilmember Peg Gilbert followed by the PLEDGE OF
ALLEGIANCE.
MAYOR COMMLTNICATION: Mayor Vavricek introduced Community Youth Council
members Michael Hollman and Stephanie Chandler. Mayor commented on the Hero's Climb and
plaque received. Congratulations were given to the entire community for the Hero Flights.
Mentioned was Harvest of Harmony Parade this Saturday.
City Administrator Mary Lou Brown announced that the Quiet Zone project was moving
forward. Councilmember Gilbert commented on the Christian School open house and the thanks
extended to the City Council for improvements at the Five Points area.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Dale Hilderbrand, Police Ser�eant with the Grand Island Police Department for
20 Years of Service with the City of Grand Island. Mayor Vavricek and the City Council
recognized Sergeant Dale Hilderbrand for 20 years of service with the Grand Island Police
Department. Police Chief Lamken commented on Sgt. Hilderbrand's service with the department
and introduced Sgt. Hilderbrand.
Reco�nition of Fred Schritt for ponation for New Police Service Dog_ Mayor Vavricek and the
City Council recognized Fred Schritt for his $5,000 donation to the Police , Department to
purchase a new K-9 police service dog "Noa". Police Chief Lamken explained the process of
purchasing Noa. Officer Ryan Rathbun, handler and Noa along with Mr. Schritt were present for
the recognition.
Recognition of Bud Jeffries for Service on the Hall County Board of Supervisors, This item was
postponed to the October 1 l, 2011 City Council meeting.
Recognition of the Edgar and Frances Reynolds Foundation for ponation of the Floorin ag t the
Fieldhouse. Mayor Vavricek and the City Council recognized the Edgar and Frances Reynolds
Foundation for their $35,000 donation to purchase the floor covering at the Community
Page 2, City Council Regular Meeting, September 27, 2011
Fieldhouse. Parks and Recreation Director Steve Paustian commented on the donation. Fred
Glade and Kathy Huwaldt were present for the recognition.
Reco�nition of the Fred and Amanda Glade Foundation for ponation of the Indoor Plav ound
Equ�ment at the Fieldhouse. Mayor Vavricek and the City Council recognized the $15,000
donation to purchase the indoor playground equipment at the Community Fieldhouse. Fred
Glade and Kathy Huwaldt were present for the recognition.
PUBLIC HEARINGS:
Public Hearin� on Acauisition of Utilitv Easement located at 502 East Ca,�ital Avenue (I lg esia
De Dios Eben-Ezer). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 502 East Capital Avenue was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers for the
purpose of locating new electrical service far the primary cable, conduit, and pad-mounted
transformer. Staff recommended approval. No public testimony was heard.
Public Hearin� on Acquisition of Utility Easement located at 2627 W Highway 30 - Floor to
Ceilin� Store (Jim & Donna Narber� Utilities Director Tim Luchsinger reported that acquisition
of a utility easement located at 2627 W. Highway 30 was needed in order to have access to
install, upgrade, maintain, and repair power appurtenances, including lines and transformers for
the purpose of locating a new high voltage cable, conduit, and pad-mounted transformer. Staff
recommended approval. No public testimony was heard.
Public Hearin� on Acquisition of Utilitv Easement located at 3405 South Blaine Street (Kurt &
Shirlev McCallum). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 3405 South Blaine Street was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers for the
purpose of locating primary electric cable, conduit, and a pad-mounted single phase transformer.
Staff recommended approval. No public testimony was heard.
Public Hearin� on Request to Rezone Properties Located North and West of US Hwv 281 and
South of Airport Road from AG2 — Secondar�gricultural to B2 — General Business Regional
Planning Director Chad Nabity reported that this request was submitted by Luke Olson to rezone
properties located north and west of US Highway 281 and south of Airport Road from AG2
Secondary Agriculture to B2 General Business. This would allow Mr. Olson to provide Ag
Services from this location consisting of seed sales and insurance. This would not be a high
traffic business and no fertilizer would be at this location. Staff recommended approval. No
public testimony was heard.
Public Hearing on Annexation for Propertv Located South of Airport Road/U S Hi way 281
and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks
Includin� Ea�le Scout Park and the Veterans Field bein� Platted as Olson Subdivision (Area 3aZ
This item was pulled from the agenda.
Public Hearing on Annexation of Propertv Located North of Bismark Road on the East Side of
Stuhr Road (Annexation Area 6� This item was pulled from the agenda.
Page 3, City Council Regular Meeting September 27, 2011
Public Hearin� on Annexation of Pro e�rty Located North of U S Hi way 34 on the East Side
of South Locust Street (Annexation Area 7� This item was pulled from the agenda.
Public Hearing on Annexation of Pro�erty Located North of Husker Highway to the West Side
of U.S. Hi�hway 281 and Prairieview Street (Annexation Area 12� This item was pulled from
the agenda.
Public Hearin� on Annexation of Property Located South of Old Potash Hi wav on the West
Side of North Road (annexation Area 13� This item was pulled from the agenda.
Public Hearin� on Annexation of Property Located South of 13th Street on the East and West
Side of North Road and North of Faidley Avenue (Annexation Area 14� This item was pulled
from the agenda.
Public Hearin� on Annexation of Olson Subdivision Located South of Airport Road and North
and West of U.S. Hi wa�281. Regional Planning Director Chad Nabity reported that all
property subdivided adjacent to the Corporate Limit of the City of Grand Island had to be
annexed into the City at the time of the subdivision approval. Phil and Linda Mader, owners, had
submitted the property of Olson Subdivision as an addition to the'City of Grand Island. Mr.
Nabity stated the next step was for Council to hold a public hearing and consider approval of the
ordinances to. annex the property. Annexation ordinances were to be read at three separate
meetings. Staff recommended approval. No public testimony was heard.
on Annual Report bv the Citizens' Review (
Development Pro�ram Plan. City Administrator Mary Lou Brown introduced Mark Stelk who
gave the CRC report. Marlan Ferguson, President of the Economic Development Corporation
gave a PowerPoint presentation of the annual report. Staff recommended approval. Ray
Saunders, General Manager of Standard Iron spoke in support. No further public testimony was
heard.
ORDINANCES:
The following Ordinances were pulled from the agenda:
#9328 — Consideration of Annexation for Property Located South of Airport Road/U.S.
Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern
Santa Fe Tracks Including Eagle Scout Park and Veterans Field (Annexation Area 3a)
(First Reading)
#9329 — Consideration of Annexation of Property Located North of Bismark Road on the
East Side of Stuhr Road (Annexation Area 6) (First Reading)
#9330 — Consideration of Annexation of Property Located North of U.S. Highway 34 on
the East Side of South Locust Street (Annexation Area 7) (First Reading)
#9331 — Consideration of Annexation of Property Located North of Husker Highway to
the West Side of U.S. Highway 281 and Prairieview Street (Annexation Area 12) (First
Reading
#9332 — Consideration of Annexation of Property Located south of Old Potash Highway
on the West Side of North Road (Annexation Area 13) (First Reading)
Page 4, City Council Regular Meeting, September 27, 201 I
#9333 — Consideration of Annexation of Property Located South of 13th Street on the
East and West Side of North Road and North of Faidley Avenue (Annexation Area 14)
(First Reading)
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered: '
#9327 — Consideration of Request to Rezone Properties Located North and West of U.S.
Hwy 281 and South of Airport Road from AG2 — Secondary Agricultural to B2 — General
Business
#9335 — Consideration of City Council's Approval of all Individual City Negotiators
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 second 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, all voted aye. Motion
adopted.
#932'7 — Consideration of Request to Rezone Properties Located North and West of U.S.
Hwy 281 and South of Airport Road from AG2 — Secondary Agricultural to B2 — General
Business
Regional Planning Director Chad Nabity reported this item related to the aforementioned Public
Hearing.
Motion by Dugan, second by Gilbert to approve Ordinance #9334.
City Clerk: Ordinance #9327 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 #9327 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 Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9327 is declared to be lawfully adopted upon publication as required by law.
#9335 — Consideration of City Council's Approval of all Individual City Negotiators
Councilmember Larry Carney reported that Ordinance #9335 intent was to involve the City
Council in the negotiation process. Reasons mentioned were transparency, credibility to the
process, and responsibility by the Council to represent the best interest of the citizens of Grand
Island.
Motion by Carney, second by Niemann to approve Ordinance #9335.
Lewis Kent, 624 Meves Avenue commented on the responsibility of the Council.
Page 5, City Council Regular Meeting, September 27, 2011
Discussion was held regarding the selection process of negotiators and possible delay in
negotiations due to the selection process and Council approval. Comments were made
' concerning Council having the final vote on contracts. Mentioned was more information was
given to Council this year due to the numerous closed sessions held.
Human Resources Director Brenda Sutherland commented on the negotiation representatives for
the City which were written in the job descriptions of the Human Resources Director, City
Attorney, and Finance Director. Explained was the hiring of a private negotiator to help with
union negotiations for the Fire and Police due to not having a City Attorney and Finance Director
at the time and all seven union contracts expiring this year.
City Clerk: Ordinance #9335 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, Niemann,
Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember's Ramsey, Gilbert, and
Nickerson voted no. Mo�ion adopted.
City Clerk: Ordinance #9335 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, Niemann,
Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember's Ramsey, Gilbert, and
Nickerson voted no. Motion adopted.
Mayor Vavricek spoke against the motion to approve Ordinance #9335 explaining the current
negotiation process was working well. Mayor Vavricek exercised his right to veto Ordinance
#9335.
Discussion was held regarding overriding the veto. City Attorney Robert Sivick stated it would
take 7 votes by Council to override the veto and there was no time frame specified in City Code
as to when the Council could do that.
#9334 — Consideration of Annexation of Olson Subdivision Located south of Airport
Road and North and West of U.S. Highway 281 (First Reading)
Regional Planning Director Chad Nabity reported this item related to the aforementioned Public
Hearing.
Motion by Gilbert, second by Gard to approve Ordinance #9334 on first reading. Upon roll call
vote all voted aye. Motion adopted.
CONSENT AGENDA: Consent agenda item G-14 was removed for further discussion. Motion
by Ramsey, second by Donaldson to approve the Consent Agenda excluding item G-14. Upon
roll call vote, all voted aye. Motion adopted.
A�proving Minutes of September 13, 2011 City Council Regular Meeting.
Approving Ap�ointment of Eric D. Edwards to the Business Improvement District #8 Board.
Approvin�Re=Appointment of Tom Gdowski to the Communitv Redevelopment Authority
Board.
Page 6, City Council Regular Meeting, September 27, 2011
Approving Re-A�pointment of Bob Loewenstein to the Animal Advisorv Board.
A pp rovin� Garbage Permits for Clark Brothers Sanitation, He3artland Disposal, Mid-Nebraska
Disposal, Inc. and Refuse Permits for Full Circle, Inc. and O'Neill Transportation and
Equipment.
#2011-259 — Ap�rovin� Final Plat and Subdivision Ap,reement for Bosselville Third
Subdivision. It was noted that Bosselman Incorporated, owner had submitted the Final Plat and
Subdivision Agreement for Bosselville Third Subdivision for the purpose of creating 2 lots on
property located north of Interstate 80 and west of US Hwy 281 in the two mile extraterritorial
jurisdiction containing 34/12 acres.
#2011-260 — A�roving Acquisition of Utility Easement located at 502 East Capital Avenue
(Iglesia De Dios Eben-Ezer).
#2011-261 — A�proving Acquisition of Utility Easement located at 2627 W. Hi hway 30 — Floor
to Ceiling Store (Jim & Donna Narber).
#2011-262 — A�rovin� Ac�uisition of Utility Easement located at 3405 South Blaine Street
(Kurt & Shirlev McCallum).
_ #2011-263 — A� rp ovin� Bid Award for Pipe Painting and Insulation at Platte Generation Station
with O'Neill Transportation and Equipment LLC of Grand Island Nebraska in an Amount of
$50,655.00.
#2011-264 — A�provin� Support of Nebraska Challen�e to EPA Cross State Air Pollution Rule.
#2011-265 — A�proving Certificate of Final Completion with Diamond Engineerin� Co. of
Grand Island Nebraska and Setting November 8 2011 Date for Board of Equalization for Water
Main District 456T — En�leman Road — 13th Street.
11-266 —
and Clark S
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Water Main Proiect 2011-W-1 — 7`° Street between Elm and Clark
#2011-268 — A�provin� Agreement for Funding with the Crisis Center Inc. in an Amount of
$4,800.00.
#2011-269 — Approvin� Agreement for Fundin� with the Grand Island Area Council for
International Visitors in an Amount of $400.00.
#2011-270 — A�provin Agreement for Fundin� with the Grand Island Hall Countv Convention
& Visitors Bureau in an Amount of $4 000.00.
#2011-271 — Approving A�reement for Funding with Izaak Walton Kids Fishin� Derbv in an
Amount of $800.00.
Page 7, City Council Regular Meeting, September 27, 2011
#2011 272 A�provin� A�reement for Funding with Hope Harbor in an Amount of $1 800.00.
#2011-273 — A�provin� Agreement for Fundin�Lwith the Grand Island Multicultural Coalition in
an Amount of $4,000.00. '
#2011-274 — A�provin�A�reement for Fundin� with Senior Citizens Industries, Inc. in an
Amount of $6,000.00.
#2011-275 — Approvin�Agreement for Fundin� with the Clean Communitv Svstem in an
Amount of $20,000.00.
#2011-276 — Approvina Concrete Ditch Liner and Headwall East of Harrison Street with
Diamond En ing eering Com�anv of Grand Island Nebraska in an Amount of $23,261.00.
#2011-277 — Ap�rovin� Continuation of Sanitar� Sewer District No. 528, Wildwood
Subdivision.
#2011-278 — A�,�roving A�reement for En in�rin� Consulting Services Related to Grand Island
Resurfacin� — Various Locations with Olsson Associates of Omaha, Nebraska.
#2011-279 — Approving Ageement for En 'nig eering Consultin� Services Related to 3rd Street
and Wheeler Avenue Historical Lig tin� with Olsson Associates of Omaha, Nebraska.
#2011-280 — Approvin� Bid Award for Sugar Beet Ditch Piping at Suck's Lake; Drainage
Proiect No 2011-D-3 with Diamond Engineerin� Company of Grand Island Nebraska in an
Amount of $69,664.40.
#2011-281 — Approving Bid Award in Concrete for Slud�e Storage Buildin� Protect No. 2011-
WWTP-4 for Wastewater Division of the City of Grand Island' with L& L Concrete &
Construction Inc of Grand Island in an amount of $160,843.99.
#2011-282 — Approving A�reement with Olsson Associates of Grand Island Nebraska for an
U�date to the Groundwater Studv.
ital
Avenue Widening — Webb Road to Broadwell Avenue with Olsson Associates of Umaha,
Nebraska.
#2011-284 — A�proving Annual Report bv the Citizens' Review Committee on the Economic
Development Program Plan.
#2011-285 — A�provina Continuation of Water Main District #457 - Pioneer Blvd. — Ordinance
#9300.
#2011-286 — Approvin Continuation of Water Main District #459 — Park Drive — Ordinance
#9301. '
Page 8, Ciry Council Regular Meeting, September 27, 201 I
#2011-287 — A�provin� Continuation of Water Main District #460 - Grand Avenue Riverview
Drive, and AuQust Street — Ordinance #9302.
#2011-288 — Approvin� Continuation of Water Main District #461 — Hagge Avenue — Ordinance
#9303.
#2011-289 — Approvin� Continuation of Water Main District #464 — Antelope Drive —
Ordinance #9306. '
#2011-290 — Approvin� Continuation of water Main District #465 — Elk & Cougar Drives —
Ordinance #9307.
#2011-291 — Approving Repeal of Water Main District #462 — Chochin Street — Ordinance
#9304.
#2011-292 — Approving Repeal of Water Main District #463 — Bantam & Brahma Streets —
Ordinance #9305.
#2011-293 — Approving Maintenance Consent Letter for Public Road Crossing with Union
Pacific Railroad Company at the Oak Street and Pine Street Crossin�s.
#2011-267 — Approvin� Four Railroad Crossin� A�reements with BNSF Railroad (East Stolley
Park, Mile Post 92.3, Mile Post 92.56, and Shadv Bend Crossin�s). Utilities Director Tim
' Luchsinger explained the crossing agreements with Burlington Northern Santa Fe. Discussion
, was held regarding the benefit to the City and the costs. Mr. Luchsinger stated these were only
for the electrical utilities and that more agreements would come before the Council for water and
sewer.
Motion by Gilbert, second by Dugan to approve Resolution #2011-267. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2011-294 — Consideration of Approving Fundin� of Economic Development Request. This item
related to the aforementioned Public Hearing. Comments were made concerning the rise in
medium average income in Grand Island. Questioned was the drop in EDC funds used for
recruitment and promotional events. Mr. Ferguson explained more funds in the last couple of
years were being used to purchases land.
Motion by Nickerson, second by Gilbert to approve Resolution #2011-294. Upon roll call vote,
all voted aye. Motion adopted.
#2011-295 — Consideration of Approving Jave Monter as Interim Finance Director. Mayor
Vavricek submitted the appointment of Jaye Monter as Interim Finance Director.
Lewis Kent, 624 Meves Avenue spoke in opposition. City Administrator Mary Lou Brown
clarified and answered questions from Mr. Kent concerning no qualified applicants at the time
Page 9, City Council Regular Meeting, September 27, 2011
the Finance Director's position was advertised. Jaye Monter was present and thanked the Council
for the appointment.
Motion by Carney, second by Niemann to approve Resolution #2011-295. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gilbert to approve the Claims for the period of September 13, 2011
through September 27, 201 l, for a total amount of $4,858,066.72. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to
Executive Session at 9:15 p.m. for the purpose of union negotiation updates with IBEW —
(Utilities, Finance, and Wastewater); annual job performance review of City Administrator Mary
Lou Brown, and discussion concerning possible litigation. Upon roll call vote, all voted aye.
Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gard, second by Dugan to return to Regular
Session at 10:45 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 10:45 p.m.
� E;��. �.�-
RaNae Edwards
City Clerk