11/08/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 8, 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 November 8, 2011. Notice of the meeting was given in The Grand Island Independent
on November 2, 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, Kirk Ramsey, Peg Gilbert,
Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Mitch
Nickerson 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 Pastor Scott Jones, Third City Christian Church, 4100 West 13th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMIINICATION: Mayor Vavricek introduced Community Youth Council
members Ashley Bykerk and Jackson Buck. City Administrator Mary Lou Brown commented on
technical difficulties with the internet in the Council Chambers and gave an update on the Quiet
Zone project.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Dr. Rebecca Stenke 2011 Phvsician Volunteer of the Year and Dr. Jama
Obermiller 2011 Dentist Volunteer of the Year. Susan Aguilar representing Third City
Community Clinic commented on the services of the clinic. Mayor Vavricek and the City
Council recognized Dr. Rebecca Steinke and Dr. Jama Obermiller for 2011 Physician and
Dentist Volunteer of the Year. Dr. Steinke and Dr. Obermiller were present for the recognition.
Reco�nition of the Nebraska National Guard. Mayor Vavricek and the City Council recognized
those men and women serving in the Nebraska National Guard. Also recognized were men and
women who are currently serving in the armed forces and those who had served in the past.
Captain Mike Wieneke with the Nebraska National Guard was present for the recognition and
commented on the service of the troops from this area in Kosovo and Afghanistan.
BOARD OF EQUALIZATION: Motion by Gilbert, second by Ramsey, carried unanimously to
adjourn to the Board of Equalization.
#2011-BE-6 — Consideration of Determining Benefits for Water Main District 456T — Engleman
Road from 13th Street to Old Potash Hi way and Old Potash Hi wav East of Engleman Road
for 600'. Utilities Director Tim Luchsinger reported that the City Council in its' capacity as the
Board of Equalization was required to determine the benefits for Water Main District 456T.
Special assessments were for the amount of $537,854.24.
Page 2, City Council Regular Meeting, November 8. 2011
Motion by Gilbert, second by Dugan to approve Resolutions #2011-BE-6. Upon roll call vote, all
voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Gard carried unanimously to
return to Regular Session.
PUBLIC HEARINGS:
Public Hearin� on Rectuest from Bosselman Pump & Pantry Inc dba Pump & Pantrv #43 1222
South Locust 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 Bosselman Pump & Pantry,
Inc. dlia Pump & Pantry #43, 1222 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 1 l, 2011; notice to the general public of date, time, and place of hearing
published on October 29, 2011; notice to the applicant of date, time, and place of hearing mailed
on October 11, 2011; along with Chapter 4 of the City Code. Staff recommended approval
contingent upon final inspections. No public testimony was heard.
Public Hearin on Request from Bosselman Pump & Pantrv Inc dba Pump & Pantry #44 1309
Diers Avenue for a Class "D" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "D" Liquor License had been received from Bosselman Pump & Pantry,
Inc. dba Pump & Pantry #44, 1309 Diers Avenue. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City
on October 1 l, 201 l; notice to the general public of date, time, and place of hearing published on
October 29, 2011; notice to the applicant of date, time, and place of hearing mailed on October
1 l, 2011; along with Chapter 4 of the City Code. Staff recommended approval contingent upon
final inspections. No public testimony was heard.
Public Hearin on Request from Pamela D. Hall dba BT's Loun�e 2320 South Locust Street for
a 12' x 26' Addition — Beer Garden to Liquor License "C-24627". RaNae Edwards, City Clerk
reported that an application for a 12' x 26' Beer Garden addition to Class "C-24627" Liquor
License had been received from Pamela D. Hall dba BT's Lounge, 2320 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 13, 2011; notice to the general public
of date, time, and place of hearing published on October 29, 2011; notice to the applicant of date,
time, and place of hearing mailed on October 13, 2011; along with Chapter 4 of the City Code.
Staff recommended approval contingent upon final inspections. No public testimony was heard.
ORDINANCES:
Regional Planning Director Chad Nabity gave an update on the annexation process and reported
this was the second of three readings for the annexation of properties known as Area 3a, 6, 7, 12,
and 13. City Administrator Mary Lou Brown commented on no cost to the City to annex these
areas.
Virgil Harden representing the Grand Island Public Schools spoke in support of all five
annexations.
Page 3. City Council Regular Meeting, November 8, 2011
#9339 — Consideration of Annexation for Property 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 (Annexation Area 3a)
(Second Reading)
Motion by Ramsey, second by Niemann to approve Ordinance #9339 on second reading. 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) (Second Reading)
Motion by Donaldson, second by Gard to approve Ordinance #9340 on second reading. Upon
roll call vote all voted aye. 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) (Second Reading)
Motion by Gard, second by Gericke to approve Ordinance #9341 on second reading. 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) (Second
Reading)
Discussion was held regarding the timing and need of this annexation. Comments were made by
Council regarding the reasons to annex this area. Investment of the City for infrastructure in this
area, emergency response, to equitably apply ordinances to property with regards to firearms,
fireworks, animals and open burning was mentioned.
Motion by Ramsey, second by Niemann to approve Ordinance #9342 on second reading. Upon
roll call vote Councilmember's Carney, Niemann, Ramsey, Gilbert, Donaldson, Dugan, Gard,
and Gericke voted aye. Councilmember Haase 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) (Second Reading)
Motion by Gilbert, second by Niemann to approve Ordinance #9343 on second reading. Upon
roll call vote all voted aye. Motion adopted.
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinance numbered:
#9345 — Consideration of Proposed Modifications to City Council Ward Boundaries
Resulting from Redistricting
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
Page 4, City Councii Regular Meeting, November 8, 201 I
passage and call for a roll call vote on each reading and then upon final passage."
Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted.
Regional Planning Director Chad Nabity reported that every ten years after the census the
Council needed to redistrict the Council wards to allow for equal-population representation.
Motion by Donaldson, second by Niemann to approve Ordinance #9345.
City Clerk: Ordinance #9345 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 #9345 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 #9345 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-3 was pulled for further discussion. Motion by
Ramsey, second by Dugan to approve the Consent Agenda excluding item G-3. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of October 25, 2011 Citv Council Re�ular Meeting_
Approving Minutes of November 1, 2011 Citv Council Study Session.
#2011-323 — A�proving Bid Award for (19) Transmission Distance Relavs with Power Delivery
Services Inc. of Omaha Nebraska in an Amount of $132 145 00
#2011-324 — A� roving Certificate of Final Completion for Water Main Project 2011-W-3 —
Broadwell Avenue at the Union Pacific Railroad Tracks and Vine Street at the Union Pacific
Railroad Tracks with Diamond En ineering Company of Grand Island Nebraska.
#2011-325 — Approving Benefits for Water Main District 456T — Engleman Road from 13tn
Street to Old Potash Hi wav and Old Potash Hi wav East of Engleman Road for 600'.
#2011-326 — Ap rp oving; Chan�e Order No. 2 for Grand Island Ouiet Zone Project No. 2012-QZ-
1 with Diamond En ineering Company of Grand Island, Nebraska for no Chan�e in Contract
Amount.
#2011-327 — Approvin� Continuation of Sanitary Sewer District No. 529, Westwood Park
Subdivision.
#2011-328 — Approving the Wireline Crossing Agreement between the Union Pacific Railroad
Company and the City of Grand Island.
#2011-329 — A� rp oving Chan�e Order No. 1 for Concrete Ditch Liner and Headwall East of
Harrison Street with Diamond En�ineering Companv of Grand Island, Nebraska for an Increase
of $1 725.00 and a Revised Contract Amount of $24 986.00
Page 5, City Council Regulat Meeting, November 8, 2011
: #2011-330 — Approvin� Chan�e Order No 1 for Sugar Beet Ditch Piping at Suck's Lake•
Draina�e Proiect No. 2011-D-3 with Diamond En�ineering Companv of Grand Island Nebraska
for an Increase of $12,550.00 and a Revised Contract Amount of $82 214 40
#2011-331 — Approvin� Change Order No. 1 for Buildin� Reconstruction — Lift Station No 4•
Proiect NO. WWTP-2011-5-4 with Diamond En ing eering Companv of Grand Island Nebraska
for an Increase of $1,840.00 and a Revised Contract Amount of $40 212 80
#2011-332 — Approvin� Certificate of Final Completion for the 2011 Asphalt Resurfacin�
Proiect No. 2011-AC-1 with J I L Asphalt Paving Company of Grand Island Nebraska
#2011-333 — Approvin� Certificate of Final Completion for Concrete Ditch Liner and Headwall
East of Harrison Street with Diamond Engineerin� Company of Grand Island Nebraska
#2011-334 — Approving Amending the 2011/2012 Fee Schedule
#2011-335 — Approving Update to the Emer�encv Mana�ement/Communication Center
Interlocal Cooperation A�reement with Hall Count�
#2011-336 — Approvin� Certificate of Final Completion with Diamond En 'nig eering Com,pany of
Grand Island, Nebraska and Schedulin� December 20 2011 for the Board of Equalization for
,�_�_, Street Improvement District No. 1256; Capital Avenue from the Moores Creek Drain to Webb
Road.
#2011-337 — Approvin� Certificate of Final Completion with Diamond En�ineerin�Compan�f
Grand Island, Nebraska and Scheduling December 20 2011 for the Board of Equalization for
Sanitarv Sewer District No. 526; Lot 3 of Grand Island Plaza Subdivision.
#2011-316 — Approvin� Amendin� the Citv of Grand Island Police Officers' Retirement Svstem
Plan and Trust for Changes in the Applicable Tax Laws.
#2011-317 — Amending the Citv of Grand Island Firefi�hters' Retirement Svstem Plan and Trust
for Chan�es in the Applicable Tax Laws.
#2011-322 — Approvin� Greater Nebraska Cities Membershi� City Administrator Mary Lou
Brown reported that the Quad Cities of Grand Island, Hastings, North Plate and Kearney had met
for the past twelve years to discuss legislative impact to the respective communities. Requested
was to add Lexington to the group and change the name to Greater Nebraska Cities (GNC).
There were no dues associated with belonging to this group.
Mike Gloor, 3115 Brentwood Circle spoke in support.
Motion by Haase, second by Carney to refer Resolution #2011-322 to the next Study Session for
' discussion. Upon roll call vote, Councilmember's Haase, Carney, Niemann, Dugan, and Gericke
voted aye. Councilmember's Ramsey, Gilbert, Donaldson, and Gard voted no. Motion failed.
Motion by Ramsey, second by Gilbert to approve Resolution #2011-322.
Page 6, City Council Regular Meeting, November 8, 2011
Discussion was held regarding how this organization would work and how Council would be
represented.
Motion by Haase, second by Gericke to amend Resolution #2011-322 to include the Council
President or Council designee to attend the meetings. Upon roll call vote, all voted aye. Motion
adopted.
Upon roll call vote of the main motion, all voted aye. Motion adopted.
RESOLUTIONS:
#2011 338 Consideration of Re�uest from Pump & Pantrv Inc dba Pump & Pantry #43, 1222
South Locust Street for a Class "D" Liquar License and Liquor Mana�er Desi�nation for Susan
McAfee 1863 7th Avenue Dannebrog Nebraska. This item related to the aforementioned Public
Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2011-338 contingent upon
final inspections. Upon roll call vote, all voted aye. Councilmember Gard abstained. Motion
adopted.
#2011 339 Consideration of Re�uest from Pump & Pantrv Inc. dba Pump & Pantrv #44, 1309
T 4 � Q»a�n
This item related to the aforementioned Public
Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2011-339 contingent upon
final inspections. Upon roll call vote, all voted aye. Councilmember Gard abstained. Motion
adopted.
#2011 340 Consideration of Re�uest from Pamela D Hall dba BT's Loun�e 2320 South
Locust Street for a 12' x 26' Addition — Beer Garden to Liquor License "C-24627". This rtem
related to the aforementioned Public Hearing.
Motion by Ramsey, second by Niemann to approve Resolution #2011-340 contingent upon final
inspections. Upon roll call vote, all voted aye. Motion adopted.
#2011 341 A�provin� Confidentialitv Agreement with Municipal Energv A�encv of Nebraska
(MEAN) to Provide Southwest Power Pool Marketmg Service A�r'eement Proposal. Utilities
Director Tim Luchsinger reported that electnc generation plants are connected to a national
electric transmission grid for the distribution of electricity to users. Grand Island is located in the
Southwest Power Pool (SPP) and is not a member of SPP. Grand Island Utilities had contacted
MEAN and NPPD to submit proposals to become our broker to transfer power. In order for
MEAN to submit a proposal a Confidentiality Agreement was needed.
Motion by Gilbert, second by Dugan to approve Resolution #2011-341. Upon roll call vote, all
voted aye. Motion adopted.
Page 7, City Council Regular Meeting, November 8, 2011
#2011-342 — Consideration of Desi atin� No Parking on 2"d Street Between Walnut Street and
Cedar Street. Public Works Director John Collins reported that at the October 25, 2011 City
Council meeting a request from St. Steven's Episcopal Church was received to remove parking
between Walnut Street and Cedar Street, on the north side of 2nd Street. This item was referred to
the November 8, 2011 meeting by City Council.
It was noted that the Public Works Department had the approval from the Nebraska Department
of Roads but there were still some items that needed to be looked into.
Motion by Gericke, second by Dugan to refer this item to the November 22, 2011 City Council
meeting. Upon roll call vote, all voted aye. Motion adopted.
#2011-343 — Consideration of Declaration of Intent to Issue Bonds for Uranium Removal
S sv tem• Utilities Director Tim Luchsinger reported that the estimated capital cost of this project
was $3,000,000 and Council proposed this would funded by bonding, with an annual operating
cost of approximately $800,000 which was to be funded by a rate adjustment. Ameritas, bond
underwriter for the City, advised that Council should declare their intention to use bond revenue
to fund the capital improvements which would allow bond proceeds to be used for costs of the
uranium removal system prior to the bonds being issued and the funds received.
Motion by Gard, second by Haase to approve Resolution #2011-343. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gericke to approve the Claims for the period of October 26, 2011
through November 8, 201 l, for a total amount of $3,803,152.42. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
��_i� �;� �a�
RaNae Edwards
City Clerk