12/06/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 6, 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 December 6, 2011. Notice of the meeting was given in The Grand Island Independent
on November 30, 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, and John Gericke. Councilmember Randy
Gard 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 Jan Vavricek, 2729 Brentwood Blvd. followed by the PLEDGE
OF ALLEGIANCE.
MAYOR COMMiJNICATION: Mayor Vavricek thanked Esther Obermeier for donating the
Community Christmas tree. Mayor introduced Community Youth Council members Dillon Spies
and Alex Baxter and Board member Randy See.
Mayor Vavricek gave the State of the City address. Mentioned were the many challenges facing
the City and changes taking place. The following accomplishments of several continuing projects
were mentioned: annexation; sanitary sewer system improvements; economic growth along
Highway 281 corridor; Lincoln Park Pool, Five Points rejuvenation; Veterans Athletic Complex,
Downtown Quiet Zones; budget; Community Fieldhouse; transportation improvements; North
East Interceptor; and Utility Department uranium and air pollution projects.
Looking forward to 2012 were several items: work to formalize a set of goals, Highway 281
roadsides near the malls, clean neighborhoods, public safety study, LB 840 economic
development program, the Heartland Events Center, city residency for Rainbow Lake home
owners, and the waste water treatment plant.
Councilmember President Gilbert gave the State of the Council address. President Gilbert
commented on 2011 as a year of a new journey. Mentioned were two new councilmember's,
mayor and city administrator as well as new department directors. She looked forward to the
journey of 2012.
City Administrator Mary Lou Brown updated the Council on the Wastewater Treatment Plant.
Currently they were putting numbers together and would bring this to a Study Session in
January.
Page 2, City Council Regular Meeting, December 6, 201 I
SPECIAL ITEMS:
ELECTION OF CITY COLTNCIL PRESIDENT: Mayor Vavricek opened the nominations for
Council President. Councilmember Ramsey nominated Councilmember Gilbert.
Motion by Gericke, second by Ramsey, carried unanimously to make the vote a unanimous one for
Councilmember Peg Gilbert as City Council President for 2012. Upon roll call vote, all voted aye.
Motion adopted.
PUBLIC HEARINGS:
Public Hearin� on Request from GIPH Restaurants LLC dba Pizza Hut 707 North Diers
Avenue for a Class "A" Liquor License. RaNae Edwards, City Clerk reported that an application
for a Class "A" Liquor License had been received from GIPH Restaurants, LLC dba Pizza Hut,
707 North Diers Avenue. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on November
16, 201 l; notice to the general public of date, time, and place of hearing published on November
26, 2011; notice to the applicant of date, time, and place of hearing mailed on November 16,
2011; along with Chapter 4 of the City Code. Also submitted with the application was a Liquor
Manager designation for Scott Kemery, 4156 Vermont Avenue. Staff recommended approval
contingent upon final inspections for the liquor license and denial of the Liquor Manager
designation based on the Liquor Control Rules and Regulations Section 53-131.01 (d) as
submitted by the Police Report. Dave Staab, 3103 Brentwood Blvd. spoke in support. No further
public testimony was heard.
Public Hearin� on Request from GIPH Restaurants LLC dba Pizza Hut 1608 South Locust
Street for a Class "A" Liquor License. RaNae Edwards, City Clerk reported that an application
for a Class "A" Liquor License had been received from GIPH Restaurants, LLC dba Pizza Hut,
1608 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 November
16, 2011; notice to the general public of date, time, and place of hearing published on November
26, 2011; notice to the applicant of date, time, and place of hearing mailed on November 16,
2011; along with Chapter 4 of the City Code. Also submitted with the application was a Liquor
Manager designation for Scott Kemery, 4156 Vermont Avenue. Staff recommended approval
contingent upon final inspections for the liquor license and denial of the Liquor Manager
designation based on the Liquor Control Rules and Regulations Section 53-131.01 (d) as
submitted by the Police Report. Dave Staab, 3103 Brentwood Blvd. spoke in support. No further
public testimony was heard.
Public Hearing on Acquisition of Utilitv Easement located at 1010 and 1040 Allen Drive (Batis
Development Companv). 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 electrical conduit, cable and two pad-mounted transformers to
provide power to the new building housing two new businesses. Staff recommended approval.
No public testimony was heard.
Page 3, City Council Regular Meeting December 6, 201 I
ORDINANCES:
Regional Planning Director Chad Nabity reported this was the second reading to annex property
located at 1120 and 1140 South Lincoln.
#9346 — Consideration of Annexation of Property Located at 1120 and 1140 South
Lincoln Avenue (former Aurora Coop Site) (Second Reading)
Motion by Dugan, second by Niemann to approve Ordinance #9346 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:
#9348 — Consideration of Creating Sanitary Sewer Tap District No. 530T; US Highway
281 Sanitary Sewer Extension to Interstate 80
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.
_ Public Works Director John Collins reported that several meetings had taken place with Council
concerning the request from several businesses along US Highway 281 near the Interstate 80
interchange to extend City sanitary sewer to serve their property. Council action was required to
create a sanitary sewer tap (connection) district for this area.
Motion by Gilbert, second by Donaldson to approve Ordinance #9348.
City Clerk: Ordinance #9348 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 #9348 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 #9348 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Ramsey, second by Niemann to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approvin� Minutes of November 22, 2011 Citv Council Regular Meetin�
Approving Minutes of November 29, 2011 Citv Council Study Session.
A� roving A�pointment of Kris Jerke to the Business Improvement District #8 Board.
Page 4, City Council Regular Meeting, December 6, 201 I
Approvin� Liquor Manager Desi�nation for Robert Real 609 East 9t" Street Wood River
Nebraska for United Veterans Club 1914 West Capital Avenue
#2011-350 — Approving Utility Easement Located at 1010 and 1040 Allen Drive (Batis
Development Com�anv).
#2011-351 — Approvin� Bid Award for Water Main Construction in the Parkview Area — Water
Main Districts #457, #459, #460, and #461 with K2 Construction of Lincoln Nebraska in an
Amount of $897,249.13.
#2011-352 — Approvin� Bid Award for Low NOx Conversion Burners — Platte Generating
Station with Babcock Power Services, Inc. of Lees Summit Missouri in an Amount of
$3,251,444.00.
#2011-353 — Approving Amended Subdivision A�reement for Fairwav Crossings at Indianhead
Golf Course First Subdivision.
#2011-354 — Approvin� Chan�e Order No. 1 for Broadwell Avenue Shoulder Improvement —
Capital Avenue to Veteran's Athletic Fields with J.I.L. Asphalt Paving Co of Grand Island
Nebraska_for an Increase of $6,506.20 and a Revised Contract Amount of $125 699 90
#2011-355 — Approvin Change Order No. 1 for the St. Joseph Trail Reconstruction — 2011 with
_, The Diamond En ineering Companv of Grand Island Nebraska for an Increase of $7 242 08 and
a Revised Contract Amount of $176 Ol 1.33.
#2011-356 — Approvin� Certificate of Final Completion for the St Joseph Trail Reconstruction —
2011 with The Diamond En ineerin�Company of Grand Island Nebraska.
#2011-357 — Approving Bid Award for Lift Station No. 7 Repairs• Project No. 2011-5-1 with
Midlands Contractin�, inc. of Kearnev, Nebraska in an Amount of $310 978.67.
#2011-358 — Approvin� Agreement with NDOR for US Highway 30 Improvements with the
Citv's Share Estimated to be $423,705.00.
#2011-359 — Approvin� Certificate of Final Completion for Su�ar Beet Ditch Piping at Suck's
Lake; Drainage Project No. 2011-D-3 with The Diamond En ineerin� Company of Grand Island
Nebraska.
#2011-360 — Approvin� State Bid Award for (1) 2012 3/4 Ton Ford F250 4x4 Pickup for the
Solid Waste Division of the Public Works Department with Anderson Ford Lincoln Mercur�f
Lincoln Nebraska in an Amount of $23 346 00
#2011-361 — Approving Su�plemental Agreement No. 4 with Schemmer Associates Inc. of
- Lincoln, Nebraska for En in� eering Consulting Services for the Walk to Walnut Proiect in an
Amount not to exceed $4,920.71 and a Total Consulting Service Cost of $76,230.03.
Page 5, City Council Regular Meeting, December 6, 201 I
RESOLUTIONS:
#2011-362 — Consideration of Request from GIPH Restaurants LLC dba Pizza Hut 707 North
Diers Avenue for a Class "A" Liquor License and Liquor Manager Designation for Scott
Kemery, 4156 Vermont Avenue. This item related to the aforementioned Public Hearing.
Motion by Gilbert, second by Niemann to approve Resolution #2011-362 contingent upon final
inspections and deny the Liquor Manager request from Scott Kemery, 4156 Vermont Avenue
based on the Police Department Report and Liquor Control Rules and Regulations Section 53-
131.01 (d). Upon roll call vote, all voted aye. Motion adopted.
#2011-363 — Consideration of ReQUest from GIPH Restaurants LLC dba Pizza Hut 1608 South
Locust Street for a Class "A" Liquor License and Liquor Manager Desi�nation for Scott
Kemery, 4156 Vermont Avenue. This item related to the aforementioned Public Hearing.
Motion by Gilbert, second by Niemann to approve Resolution #2011-363 contingent upon final
inspections and deny the Liquor Manager request from Scott Kemery, 4156 Vermont Avenue
based on the Police Department Report and Liquor Control Rules and Regulations Section 53-
131.01 (d). Upon roll call vote, all voted aye. Motion adopted.
#2011-364 — Approving Utilities Relocation Agreement with the Burlington Northern Santa Fe
Railroad for pouble Track Project. Utilities Director Tim Luchsinger reported that this item was
,. ___ discussed at the November 29, 2011 Study Session. BNSF were in the process of building a
double track through Grand Island. This agreement would allow BNSF to acquire property from
' the City and pay for the relocation of utility easements.
Motion by Carney, second by Niemann to approve Resolution #2011-364. 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 23,
2011 through December 6, 201 l, for a total amount of $3,465,671.14. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to
Executive Session at 7:45 p.m. for the purpose of a strategy session with respect to pending
litigation. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Dugan, second by Gericke to return to Regular
Session at 8:26 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:26 p.m.
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RaNae Edwards
City Clerk