10/25/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 25, 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
October 25, 201 l. Notice of the meeting was given in The Grand Island Independent on October 19,
2011.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members
were present: Chuck Haase, Larry Carney, Bob Niemann, Peg Gilbert, Mitch Nickerson, Linna Dee
Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Kirk Ramsey was absent.
The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, Public Works Director John Collins and Interim Finance
Director Jaye Monter.
INVOCATION was given by Father Chuck Peek, St. Stephen's Episcopal Church, 422 West 2°a
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members
Michael Hollman and McKenzie Reed and Board member Jennifer Cramer. Mentioned was the State
Fair newsletter on their web-site, Chili Cook-Off here at City Hall for the United Way and several
other events taking place this week.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Grand Island Senior High Girls Golf Team for Class "A" State Championship.'Mayor
Vavricek and the City Council recognized the Grand Island Senior High Girls Golf Team and Coach
Kelli Jeffries for their win in the Class "A" Girls Golf State Championship. Ms. Jeffries and the girl's
team members: Abbie Otto, Tori Peers, Zandria Cole, Leigh Uhing, and Jennifer Wetzel were present
for the recognition.
Proclamation "National Adoption Month" November, 2011. Mayor Vavricek proclaimed the'month
of November, 2011 as "National Adoption Month". Yolanda Nuncio and Marge Creason were
present to receive the proclamation.
Recognition of Tim Luchsin�er Utilities Director for 25 Years of Service with the City of Grand
Island. Mayor Vavricek and the City Council recognized Utilities Director Tim Luchsinger for his 25
years of service with the City of Grand Island. City Administrator Mary Lou Brown commented on
Mr. Luchsinger's service. Mr. Luchsinger was present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Rec�uest from Zoul Hospitality LLC dba Willman's Bottle Shop, 1201 South
Locust Street for a Class "CK" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "CK" Liquor License had been received from Zoul Hospitality, LLC dba
Willman's Bottle Shop, 1201 South Locust Street. Ms. Edwards presented the following exhibits for
the record: application submitted to the Liquor Control Commission and received by the City on
October 5, 201 l; notice to the general public of date, time, and place of hearing published on October
15, 2011; notice to the applicant of date, time, and place of hearing mailed on October 5, 2011; along
Page 2. City Council Regular Meeting, October 25, 2011
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Dan
Thayer, Attorney for the applicant spoke in support. No further public testimony was heard.
Public Hearin� on Request from Simara Y. Rodri�uez dba El Trancazo Bar 413 West 4th 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 Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4`h
Street. Ms. Edwards presented the following exhibits for the record: application submitted'to the
Liquor Control Commission and received by the City on October 6, 2011; notice to the general
public of date, time, and place of hearing published on October 15, 201 l; notice to the applicant of
date, time, and place of hearing mailed on October 6, 2011; along with Chapter 4 of the City Code.
Staff recommended denial based on the Police Department report of Horacio Rodriguez, spouse of
Simara Rodriguez undisclosed convictions and not a United States citizen. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement located at 232 Wilmar Avenue (Texas
Roadhousel. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located
at 232 Wilmar Avenue was needed in order to have access to install, upgrade, maintain, and'repair
power appurtenances, including lines and transformers for the purpose of placing underground
conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two
new homes to be built on adjacent lots. Staff recommended approval. No public testimony was heard.
Mayor Vavricek recused himself due to a potential conflict of interest and Council President Peg
Gilbert conducted the rneeting for the following item:
Public Hearing on Request to Rezone Properties Located West of Webb Road, South of Faidley
Avenue and North of West North Front Street from LLR — Large Lot Residential to B2 — General
Business Zone. Regional Planning Director Chad Nabity reported that an application had been
submitted to rezone properties located west of Webb Road, south of Faidley Avenue and north of
West North Front Street from LLR — Large Lot Residential to B2 — General Business Zone, Staff
recommended approval. No public testimony was heard.
Mayor Vavricek resumed the meeting.
Public Hearing on Annexation for Propertv 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
Ea�le Scout Park and the Veterans Field bein� Platted as Olson Subdivision (Annexation Area 3a).
Regional Planning Director Chad Nabity reported that 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 the Veterans Field being Platted as Olson Subdivision was
being considered for annexation. Staff recommended approval. No public testimony was heard.
Public Hearing on Annexation of Property Located North of Bismark Road on the East Side of Stuhr
Road Annexation Area 6). Regional Planning Director Chad Nabity reported that property located
north of Bismark road on the east side of Stuhr Road was being considered for annexation. Staff
recommended approval. Bill Mowinkel, School Superintendent at Northwest spoke in opposition. No
—� further public testimony was heard.
Public Hearin�; on Annexation of Property Located North of U.S. Hi�hwa,y 34 on the East Side of
South Locust Street (Annexation Area 7� Regional Planning Director Chad Nabity reported that
Page 3. Ciry Council Regular Meeting, October 25. 2011
property located north of U.S. Highway 34 on the east side of South Locust Street was being
considered for annexation. Staff recommended approval. No public testimony was heard.
Public Hearing on Annexation of Property Located North of Husker Hi way to the West Side of
U.S. Highway 281 and Prairieview Street (Annexation Area 12). Regional Planning Director Chad
Nabity reported that property located north of Husker Highway to the west side of U.S. Highway 281
and Prairieview Street was being considered for annexation. Staff recommended approval. Bill
Mowinkel, School Superintendent at Northwest spoke in opposition. No further public testimony was
heard.
Public Hearin� on Annexation of Property Located South of Old Potash Hi�hway on the West Side
of North Road (annexation Area 13Z Regional Planning Director Chad Nabity reported that property
located south of Old Potash Highway on the west side of North Road was being considered for
annexation. Staff recommended approval. Bill Mowinkel, School Superintendent at Northwest spoke
in opposition. No further public testimony was heard.
Public Hearing on Annexation of Property Located South of 13`h Street on the East and West Side of
North Road and North of Faidlev Avenue (Annexation Area 14� Regional Planning Director Chad
Nabity reported that property located south of 13`h Street on the east and west side of North Road and
north of Faidley Avenue was being considered for annexation. Staff recommended approval. Bill
Mowinkel, School Superintendent at Northwest and Floyd Leiser, 3550 Engleman Road spoke in
opposition. No further public testimony was heard.
Public Hearin�; on Acquisition of Public Sanitarv Sewer Utility Easement in the SE 1/4 of Section
23-11-1 (Chief Industries, Inc.� Public Works Director John Collins reported that a public sanitary
sewer utility easement was needed in the Southeast Quarter of Section 23-11-10 to accommodate
public utilities. The easement would allow for the construction, operation, maintenance, extension,
repair, replacement, and removal of public utilities within the easement. The 20' easement would
provide for extending sanitary sewer to the new Green Line Equipment dealership on the north side
of Stolley Park Road and US Highway 30, plus allow for future development in this area. Staff
recommended approval. No public testimony was heard.
ORDINANCES:
#9334 — Consideration of Annexation of Olson Subdivision Located South of Airport Road
and North and West of US Highway 281 (Final Reading)
Regional Planning Director Chad Nabity reported this was the final of three readings for the
annexation of Olson Subdivision.
Motion by Gilbert, second by Dugan to approve Ordinance #9334 on final reading. Upon roll call
vote all voted aye. Motion adopted.
Mayor Vavricek recused himself due to a potential conflict of interest and Council President Peg
Gilbert conducted the meeting for the following item:
Councilmember Nickerson moved "that the statutory rules requiring ordinances to be read by title on
three different days are suspended and that ordinance numbered:
Page 4, City Council Regular Meeting, October 25. 2011
#9338 — Consideration of Request to Rezone Properties Located West of Webb Road, South
of Faidley Avenue and North of West North Front Street from LLR — Large Lot Residential
to B2 — General Business Zone
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 this ordinance on second reading and then upon final passage and
call for a roll call vote on each reading and then upon final passage." Councilmember Dugan second
the motion. Upon roll call vote, all voted aye. Motion adopted.
Regional Planning Director Chad Nabity reported this item related to the aforementioned Public
Hearing.
Motion by Dugan, second by Gard to approve Ordinance #9338.
City Clerk: Ordinance #9338 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 #9338 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.
Council President Gilbert: By reason of the roll call votes on first reading and then upon final
passage, Ordinance #9338 is declared to be lawfully adopted upon publication as required by law.
Mayor Vavricek resumed the meeting.
#9339 — Consideration of Annexation of Properiy Located South of Airport Road/US
Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern
Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Area 3a) (First Reading)
Motion by Dugan, second by Gericke to approve Ordinance #9339 on first reading.
City Clerk: Ordinance #9339 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.
#9340 — Consideration of Annexation of Property Located North of Bismark Road on the
East Side of Stuhr Road (Annexation Area 6) (First Reading)
Motion by Gilbert, second by Donaldson to approve Ordinance #9340 on first reading.
A lengthy discussion was held regarding the reasons for the City to annex these areas at this time.
Mr. Nabity stated these were areas that would clean up the City limits, were eligible for annexation,
and Council had recommended we move forward with annexation on these areas. Mr. Mowinkel
commented on the loss of property tax to the Northwest School District. Virgil Harden, Grand Island
Public School Superintendent commented on State Aid to schools and how that is equalized with the
property tax.
Comments were made that the City provides services to these areas and do not generate revenue from
them as they are not in the City limits. Police Chief Steve Lamken commented about cails to these
areas. City Attorney Robert Sivick reported that these agricultural areas were suburban in nature and
not rural as they were surrounded by the City.
Page 5, City Council Regular Meeting, October 25, 20] i
-- City Clerk: Ordinance #9340 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 Haase, Niemann, Gilbert,
Donaldson, Gard, and Gericke voted aye. Councilmember's Carney, Nickerson, and Dugan voted no.
Motion adopted.
#9341 — Consideration of Annexation of Property Located North of US Highway 34 on the
East Side of South Locust Street (Annexation Area 7) (First Reading)
Motion by Gard, second by Dugan to approve Ordinance #9341 on first reading.
City Clerk: Ordinance #9341 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.
#9342 — Consideration of Annexation of Property located North of Husker Highway to the
West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (First Reading)
Motion by Gard, second by Gilbert to approve Ordinance #9342 on first reading.
City Clerk: Ordinance #9342 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 Haase, Carney, Niemann,
Gilbert, Donaldson, Gard, and Gericke voted aye. Councilmember's Nickerson and Dugan voted no.
Motion adopted.
#9343 — Consideration of Annexation of Property Located South of Old Potash Highway on
the West Side of North Road (Annexation Area 13) (First Reading)
Motion by Gard, second by Gilbert to approve Ordinance #9343 on first reading.
City Clerk: Ordinance #9343 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 Haase, Carney, Niemann,
Gilbert, Gard, and Gericke voted aye. Councilmember's Nickerson, Donaldson, and Dugan voted no.
Motion adopted.
#9344 — Consideration of Annexation of Property Located South of 13`" Street on the East
and West Side of North Road and North of Faidley Avenue (Annexation Area 14) (First
Reading)
Motion by Gilbert, second by Gard to approve Ordinance #9344 on first reading.
City Clerk: Ordinance #9344 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, Gilbert, and Gard
voted aye. Councilmember's Haase, Carney, Nickerson, Donaldson, Dugan, and Gericke voted no.
Motion failed.
, CONSENT AGENDA: Consent Agenda items G-9 and G-10 were pulled for further discussion.
, Motion by Gericke, second by Haase to approve the Consent Agenda excluding items G-9 and G-10.
' Upon roll call vote, all voted aye. Motion adopted.
Approvin� Minutes of October 1 l, 2011 Citv Council Regular Meeting.
Page 6, City Councit Regular Meeting, October 25, 20ll
Approvin� Minutes of October 18, 2011 City Council Study Session.
Approvin� Refuse Hauler Permit for Scott's Hauling, 3230 Westside Street.
#2011-311 — Approvin� Final Plat and Subdivision Agreement for Olson Subdivision. It was noted
that Phil and Linda Mader, owners had submitted the Final Plat and Subdivision Agreement for
Olson Subdivision for the purpose of creating 1 lot on property located north and west of US
Highway 281 and south of Airport Road in the two mile extraterritorial jurisdiction containing 1.879
acres.
#2011-312 — Approvin� Acquisition of Utilitv Easement located at 232 Wilmar Avenue (Texas
Roadhouse Holdings, LLC).
#2011-313 — Approvin� Bid Award for Transmission Line Construction — 115 kV Interconnection
with NPPD at St. Libor� with IES Commercial, Inc. �Kayton Electric) of Holdrege, Nebraska in an
Amount of $3,732,714.50.
#2011-314 — A�provin� Acquisition of Public Sanitary Sewer Utilitv Easement in the SE 1/4 of
Section 23-11-10 (Chief Industries, Inc.).
#2011-315 — Approving Union Pacific Railroad Pi�eline Crossin� Agreement for Southwest
Drainage Project No. 2011-D-1; Central Communitv College to the Wood River.
' #2011-316 — Approvin� Amendin� the Citv of Grand Island Police Officers' Retirement Svstem Plan
' and Trust for Changes in the Applicable Tax Laws. Interim Finance Director Jaye Monter reported
this was an amendment to the current Retirement System Plan and Trust for changes in the applicable
tax laws.
Motion by Gericke, second by Haase to approve #2011-316.
Discussion was held concerning sections 6, 9, 11, and 12 that do not apply to the City. Ms. Monter
stated this was boiler plate amendments as recommended by Wells Fargo and there was no financial
impact to the City. Mr. Sivick stated we should check with Wells Fargo before we pulled any of
these items out of the plan.
City Administrator Mary Lou Brown recommended we have Wells Fargo come to our next Study
Session on November l, 2011 to explain these changes.
Motion by Nickerson, second by Haase to refer Resolution #2011-316 to the November 8, 2011 City
Council meeting. Upon roll cail vote, all voted aye. Motion adopted.
#2011-317 — Approvin� Amendin t� he City of Grand Island Firefig�ters' Retirement Svstem Plan
and Trust for Changes in the Applicable Tax Laws. Interim Finance Director Jaye Monter reported
this was an amendment to the current Retirement System Plan and Trust for changes in the applicable
tax laws.
Motion by Gericke, second by Haase to approve #2011-316.
Page 7, City Council Regular Meeting, October 25, 2011
Discussion was held concerning sections 6, 9, 1 l, and 12 that do not apply to the City. Ms. Monter
� stated this was boiler plate amendments as recommended by Wells Fargo and there was no financial
' impact to the City. Mr. Sivick stated we should check with Wells Fargo before we pulled any of
, these items out of the plan.
Motion by Nickerson, second by Haase to refer Resolution #2011-316 to the November 8, 2011 City
Council meeting. Upon roll call vote, all voted aye. Motion adopted.
City Administrator Mary Lou Brown recommended we have Wells Fargo come to our next Study
Session on November l, 2011 to explain these changes.
RESOLUTIONS:
#2011-318 — Consideration of Request from Zoul Hospitalitv, LLC dba Willman's Bottle Shop, 1201
South Locust Street for a Class "CK" Liquor License and Liquor Mana eg r Designation for Zacharv
Zoul, 3333 Ramada Road. This item related to the aforementioned Public Hearing.
Motion by Haase, second by Gericke to approve Resolution #2011-318. Upon roll call vote, all voted
aye. Motion adopted.
#2011-319 — Consideration of Rec�uest from Simara Y. RodriQuez dba El Trancazo Bar, 413 West 4�h
Street for a Class "I" Liquor License. This item related to the aforementioned Public Hearing. Simara
Rodriguez spoke in support and stated her husband was in the process of becoming a US citizen.
Police Chief Lamken commented on Ms. Rodriguez owning the business and not having a temporary
', operating permit.
Motion by Gilbert, second by Haase to deny Resolution #2011-319 based on the Police Department
Report of Horacio Rodriguez, spouse of Simara Rodriguez undisclosed convictions and not a United
States citizen. Upon roll call vote, all voted aye. Motion adopted.
#2011-320 — Consideration of Desi nJ�, ating No Parkin� on 2nd Street, Between Walnut Street and
Cedar Street. Public Works Director John Collins reported that a request from St. Steven's Episcopal
Church was received to remove parking between Walnut Street and Cedar Street, on the north side of
2°a Street.
Motion by Carney, second by Dugan to approve Resolution #2011-320.
Discussion was held regarding a loading zone versus a no parking zone. City Administrator Mary
Lou Brown commented on the Public Works Department working with the church on this request.
Motion by Carney, second by Nickerson to amend Resolution #2011-320 item #1 to loading/no
parking zone.
Police Chief Lamken recommended this be designated a loading zone which would be limited to 20
minutes.
Motion by Gericke, second by Carney to refer Resolution #2011-320 to the November 8, 2011 City
Council meeting. Upon roll call vote, all voted aye. Motion adopted.
Page 8, City Council Regular Meeting, October 25, 2011
#2011-321 — Consideration of Advancement of the US Highway 281 Sanitarv Sewer Extension to
,- Interstate 80 Project. City Administrator Mary Lou Brown clarified the $350,000 JBS settlement.
Money applied to this project would reduce the cost to the City and increase the cash balance of the
' Wastewater Treatment Plant which could be used for other projects.
Jeremy Collinson representing the Central District Health Department spoke in support.
Comments were made regarding the cost to the City to extend the sanitary sewer which would
benefit the City in the future. Mr. Sivick explained that Sanitary Improvement District's (SID's) were
created by property owners and in this case where farm ground was not in need of the sanitary sewer
immediately they could tap in at a later date. Mr. Nabity commented on the future development along
Highway 281 and at that time would pay a tap fee when they hooked up to the sewer. If a business
went under then the other property owners in the district would pick up the cost.
Motion by Gilbert, second by Niemann to approve Resolution #2011-321. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of October 12, 2011
through October 25, 2011, for a total amount of $3,272,015.40. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:20 p.m.
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RaNae Edwards
City Clerk