11/22/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 22, 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 22, 2011. Notice of the meeting was given in The Grand Island
Independent on November 16, 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,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. 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 George Jones, Church of God of Prophecy, 1620 North
Broadwell Avenue followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMLJNICATION: Mayor Vavricek introduced Community Youth Council
members Kuulei Hose and McKenzie Reed. City Administrator Mary Lou Brown commented on
the Wastewater Treatment Plant possible Study Session on the second week of December.
PUBLIC HEARINGS:
Public Hearin� on Request from Texas Roadhouse Holdin�s LLC dba Texas Roadhouse, 232
Wilmar Avenue for a Class "IK" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "IK" Liquor License had been received from Texas Roadhouse Holdings,
LLC dba Texas Roadhouse, 232 Wilmar Avenue. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City
on November 2, 2011; notice to the general public of date, time, and place of hearing published
on November 12, 201 l; notice to the applicant of date, time, and place of hearing mailed on
November 2, 2011; along with Chapter 4 of the City Code. Staff recommended approval
contingent upon final inspections. Jonus Orillo representing Texas Roadhouse and Doug
Schliefert, 5805 Avenue O Place, Kearney, NE spoke in support. No further public testimony
was heard.
Public Hearin� on Acquisition of Utilitv Easement located at 3501 South Blaine Street (Andrew
and Nicole Meier). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 3501 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 placing primary conduit, cable and a pad-mounted transformer to provide electrical
service to a new home to be constructed on this lot. Staff recommended approval. No public
testimony was heard.
Public Hearin� to Consider Annexation for Property Located at 1120 and 1140 South Lincoln
Avenue �former Aurora Coop Site). Regional Planning Director Chad Nabity reported that Chief
Industries, Inc. had purchased the former Aurora Coop Site located north of Fonner Park Road
Page 2, City Council Regular Meeting, November 22, 201 I
and west of Lincoln Avenue which was in a county industrial park. A request was made to annex
� this property into the City of Grand Island. Staff recommended approval. No public testimony
� was heard.
ORDINANCES:
Regional Planning Director Chad Nabity gave an update on the annexation process and reported
this was the final of three readings for the annexation of properties known as Area 3a, 6, 7, 12,
and 13.
#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)
(Final Reading)
Motion by Gilbert, second by Niemann to approve Ordinance #9339 on final 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) (Final Reading)
Motion by Gard, second by Ramsey to approve Ordinance #9340 on final 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) (Final Reading)
Motion by Niemann, second by Carney to approve Ordinance #9341 on final 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) (Final
Reading)
Motion by Gilbert, second by Niemann to approve Ordinance #9342 on final reading. Upon roll
call vote Councilmember's Haase, Carney, Niemann, Ramsey, 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) (Final Reading)
Motion by Gard, second by Gericke to approve Ordinance #9343 on final reading. Upon roll call
vote Councilmember's Haase, Carney, Niemann, Ramsey, Gilbert, Donaldson, Gard and Gericke
voted aye. Councilmember's Nickerson and Dugan voted no. Motion adopted.
#9346 — Consideration of Annexation of Property Located at 1120 and 1140 South
Lincoln Avenue (former Aurora Coop Site) (First Reading)
Page 3. City Councii Regular Meeting, November 22, 2011
Discussion was held concerning environmental risks to the City. Mr. Nabity stated there would
be no risk to the City.
Motion by Niemann, second by Dugan to approve Ordinance #9346 on first 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:
#9347 — Consideration of Amending Chapter 2 and 37 of the Grand Island City Code
Relative to Community Development Division
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 Ramsey second the motion. Upon roll call vote, Councilmember's Haase,
Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye.
Councilmember Gericke voted no. Motion adopted.
City Administrator Mary Lou Brown reported that the Community Development Division was
currently under the Planning Department. Administration had examined this matter at length and
concluded the best way to achieve improved internal controls was to amend the City Code and
transfer the Community Development Division and its personnel to the Finance Department.
Marlan Ferguson, 2808 Apache Road spoke in opposition. Discussion was held concerning the
reasons for the change. Ms. Brown stated the auditors recommended a structural change. Ms.
Brown answered questions concerning other Cities which had their Community Development
Division under the Administration Department and some had it under the Finance Department.
Location of the office was mentioned along with timing, mismatch of skilis, and no Finance
Director at this time. Several Councilmember's commented on the importance of having the
Community Development Division under the Finance Department for better internal controls.
Motion by Gilbert, second by Niemann to approve Ordinance #9347.
City Clerk: Ordinance #9347 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, Ramsey,
Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember's Haase, Carney,
and Gericke voted no. Motion adopted.
City Clerk: Ordinance #9347 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 Niemann, Ramsey,
Gilbert, Nickerson, Donaldson, Dugan, and Gard voted aye. Councilmember's Haase, Carney,
and Gericke voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #934'7 is declared to be lawfully adopted upon publication as required by law.
Page 4, City Council Regular Meeting, November 22, 2011
CONSENT AGENDA: Motion by Ramsey, second by Gard to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 8, 2011 Citv Council Regular Meeting:
Approving Minutes of November 15, 2011 City Council Study Session.
#2011-344 — Ap�roving Acquisition of Utilitv Easement located at 3501 South Blaine Street
(Andrew and Nicole Meier�
#2011-345 — Ap�roving Amendment to Arch Coal Contract for 2012.
#2011-346 — A�provin�En 'nig eering Consulting Services for Water Main Project 2011-W-4 —
UPRR Extension to Merrick Countv with Olsson Associates of Lincoln, Nebraska.
#2011-347 — A�proving Bid Awards for Tree Trimmin� Contract 2012-TT-1 with Leetch Tree
Service of Grand Island Nebraska in an Amount of $66 192.00 for Sections 1 3 4 5 7 8 9 10
11 and 12 and Sheffield Tree Service of Grand Island Nebraska in an Amount of $13 400.00 for
Sections 2 and 6.
#2011-348 — A�provin� Communit,y Development Block Grant 10-ED-016 Sub-Award
A�reement.
RESOLUTIONS:
#2011-349 — Consideration of Request from Texas Roadhouse Holdings, LLC dba Texas
Roadhouse, 232 Wilmar Avenue for a Class "IK" Liquor License and Liquor Manager
Designation for pouglas Schliefert, 5808 Avenue O Place, Kearnev, Nebraska. This item related
to the aforementioned Public Hearing.
Motion by Haase, second by Niemann to approve Resolution #2011-349 contingent upon final
inspections and Mr. Schliefert completing a state approved alcohol server/seller training
program. Upon roll call vote, all voted aye. Councilmember Gard abstained. Motion adopted.
#2011-342 — Consideration of Desi Z�i� atin� Loading; Zone on 2"d 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 2nd Street. This item was referred to the November 22, 2011 meeting by City
Council. After reviewing the request with St. Steven's Episcopal Church it was decided to
designate a Loading Zone that would meet their request.
Motion by Carney, second by Niemann to approve Resolution #2011-342. 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 November 9, 2011
through November 22, 201 l, for a total amount of $4,339,220.52. Unanimously approved.
Page 5, City Council Regular Meeting, November 22, 2011
ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
�
RaNae Edwards
City Clerk