12/20/2011 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 20, 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 20, 2011. Notice of the meeting was given in The Grand Island Independent
on December 14, 201 l.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember
Larry Carney 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 Bill Rowland, Beacon of Hope Church, 2525 West State
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMIINICATION: Mayor Vavricek introduced Community Youth Council
members Alex Wirth and Tori Katzberg.
City Administrator Mary Lou Brown reported that the sidewalk for Knickrehm School had been
completed.
BOARD OF EOUALIZATION: Motion by Gilbert, second by Niemann, carried unanimously to
adjourn to the Board of Equalization.
#2011-BE-7 — Consideration of Determining Benefits for Sanitary Sewer District No 526• Lot 3
Grand Island Plaza Subdivision. Public Works Director John Collins reported that the City
Council in its capacity as the Board of Equalization was required to determine the benefits for
Sanitary Sewer District No. 526. Special assessments were for the amount of $27,799.23.
Motion by Gilbert, second by Niemann to approve Resolutions #2011-BE-7. Upon roll call vote,
all voted aye. Motion adopted.
#2011-BE-8 — Consideration of Determinin� Benefits for Street Improvement District No 1256•
Capital Avenue from the Moores Creek Drain to Webb Road. Public Works Director John
Collins reported that the City Council in its capacity as the Board of Equalization was required to
determine the benefits for Street Improvement District No. 1256. Special assessments were for
the amount of $732,831.98.
Curtis Cellar, 4220 Shanna Street, Melinda Lavalleur, 2309 West Division Street, and Jeff
Vinson, 3010 Gladstone Circle spoke in opposition.
Motion by Gilbert, second by Niemann to approve Resolutions #2011-BE-8.
Page 2, City Council Regular Meeting, December 20, 2011
A lengthy discussion was held concerning questions from those people opposing the district and
how assessments were determined. Mr. Collins explained the method of calculating the costs.
Federal funds for this project were 80% and the City's costs were 20%.
Motion by Gericke, second by Niemann to refer this item to the January 10, 2012 City Council
meeting. 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 Request from GMRI Inc. dba The Olive Garden Italian Restaurant #4416
1010 Allen Drive for a Class "I" Liquor License. RaNae Edwards, City Clerk reported that an
application for a Class "I" Liquor License had been received from GMRI, Inc. dba The Olive
Garden Italian Restaurant #4416, 1010 Allen Drive. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on November 30, 201 l; notice to the general public of date, time, and place of hearing
published on December 10, 2011; notice to the applicant of date, time, and place of hearing
mailed on November 30, 2011; along with Chapter 4 of the City Code. Staff recommended
approval contingent upon final inspections. No public testimony was heard.
-- Public Hearin� on Acquisition of Utilitv Easement located West of Locust Street and North of
Schimmer Drive (Hooker Brothers Sand & Gravel). Utilities Director Tim Luchsinger reported
that acquisition of a utility easement located west of Locust Street and north of Schimmer Drive
was needed in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers for the purpose of installing underground electrical conduit
cable and a pad-mounted transformer to provide 3-Phase service to a new building located on the
property. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utilit� Easement Located at 1404 West 2°d Street (Casev's
Retail Company). Utilifies Director Tim Luchsinger reported that acquisition of a utility
easement located at 1404 West 2"d 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 underground conduit, cable and a pad-mounted transformer to provide service to Casey's
expansion of its store. Staff recommended approval. No public testimony was heard.
Public Hearin� on Amendments to Chapter 36-69 of the Grand Island City Code Relative to
(AC) Arterial Commercial Overlav Zone re a� rding Camp�rounds. Regional Planning Director
Chad Nabity reported that amendments to Chapter 36 of the Grand Island City Code were
needed relative to the number of bathroom facilities required for campgrounds. Staff
recommended approval. No public testimony was heard.
� Public Hearing on Acquisition of Public Utilitv Easement in Oak Pointe Subdivision LR B O
L.L.C. . Public Works Director John Collins reported that acquisition of a public utility easement
located in the Oak Pointe Subdivision was needed to allow for the construction, operation,
maintenance, extension, repair, replacement, and removal of public utilities within the easement.
Page 3, City Council Regular Meeting, December 20, 2011
This easement would allow a redesign of the development area. Staff recommended approval.
No public testimony was heard.
ORDINANCES:
Regional Planning Director Chad Nabity reported this was the final 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) (Final Reading)
Motion by Ramsey, second by Niemann to approve Ordinance #9346 on final 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 ordinances numbered:
#9349 — Consideration of Amendments to Chapter 36-69 of the Grand Island City Code
Relative to (AC) Arterial Commercial Overlay Zone Regarding Campgrounds
#9350 — Consideration of Assessments for Sanitary Sewer District No. 526; Lot 3, Grand
Island Plaza Subdivision
#9352 — Consideration of Vacation of a Utility Easement Located in Lot 46, Block 1 of
Dale Roush 2°d Subdivision (9 Dakota Drive)
#9353 — Consideration of Vacation of Starwood Avenue from Cedar Ridge Court East in
Oak Pointe Subdivision (R.B.O., L.L.C.)
#9354 — Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
#9355 — Consideration of Conveyance of a Tract of Land Owned by the City of Grand
Island to the State of Nebraska, Department of Roads for Project 34-4(126)
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.
#9349 — Consideration of Amendments to Chapter 36-69 of the Grand Island City Code
Relative to (AC) Arterial Commercial Overlay Zone Regarding Campgrounds
Regional Planning Director Chad Nabity reported that Ordinance #9349 would amend City Code
Section 36-69 relative to the number of bathrooms from 15 to 25 for campgrounds. Mr. Nabity
stated this was within the national standards. Building Department Director Craig Lewis stated
this would be for primitive sites or tent camping.
Motion by Donaldson, second by Haase to approve Ordinance #9349.
Discussion was held concerning the number to bathroom sites and when they would need to be
constructed after reaching 25.
Page 4, City Councit Regular Meeting, December 20, 2011
Motion by Gilbert, second by Gericke to amend the motion to add "or fraction thereof' after the
number 25 in the second sentence. Upon roll call vote, Councilmember's Niemann, Ramsey,
Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase
voted no. Motion adopted.
City Clerk: Ordinance #9349 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 #9349 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 #9349 is declared to be lawfully adopted upon publication as required by law.
#9350 — Consideration of Assessments for Sanitary Sewer District No. 526; Lot 3, Grand
Island Plaza Subdivision
Motion by Dugan, second by Ramsey to approve Ordinance #9349.
City Clerk: Ordinance #9350 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 #9350 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 #9350 is declared to be lawfully adopted upon publication as required by law.
#9352 — Consideration of Vacation of a Utility Easement Located in Lot 46, Block 1 of
Dale Roush 2°d Subdivision (9 Dakota Drive)
Motion by Gericke, second by Gard to approve Ordinance #9352.
City Clerk: Ordinance #9352 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 #9352 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 #9352 is declared to be lawfully adopted upon publication as required by law.
#9353 — Consideration of Vacation of Starwood Avenue from Cedar Ridge Court East in
Oak Pointe Subdivision (R.B.O., L.L.C.)
#9354 — Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
Page 5, City Council Regular Meeting, December 20, 2011
Public Works Director John Collins reported that R.B.O., LLC was considering redesigning the
Oak Pointe subdivision area and wished to vacate the east end of Starwood Avenue along with
the sixty (60) foot wide utility easement.
Motion by Nickerson, second by Gericke to approve Ordinances #9353 and #9354.
City Clerk: Ordinances #9353 and #9354 on first reading. All those in favor of the passage of
these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinances #9353 and #9354 on final passage. All those in favor of the passage of
these ordinances 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,
Ordinances #9353 and #9354 are declared to be lawfully adopted upon publication as required by
law.
#9355 — Consideration of Conveyance of a Tract of Land Owned by the City of Grand
Island to the State of Nebraska, Department of Roads for Project 34-4(126)
Public Works Department Director John Collins reported that the State of Nebraska, Department
of Roads (NDOR) was planning to improve a portion of US Highway 34 from US-281 to South
Locust Street. US-34 would be widened at the intersection of Blaine Street to accommodate left
turn lanes. The bridge immediately west of the Blaine Street intersection would be replaced with
a concrete box culvert. Construction is scheduled in 2012. In order for US-34 to be widened and
the new box culvert constructed, 0.03 Acre of property owned by the City of Grand Island must
be acquired by NDOR.
Motion by Donaldson, second by Dugan to approve Ordinance #9355.
City Clerk: Ordinance #9355 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 #9355 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 #9355 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-6 was pulled for further discussion. Motion by
Ramsey, second by Gard to approve the Consent Agenda excluding item G-6. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of December 6, 2011 City Council Re�ular Meetin�
A�proving Re-Appointments of John Hoggatt and Ro�er Bullington to the Grand Island
Facilities Corporation Board.
Page 6. City Council Regular Meeting. Uecember 20, 2011
A� rp oving Re-Appointments of Denise Kozel Mike Rivera Bradv Blauhorn Terry Klanecky,
and Crai�Lewis to the Electrical Board.
Approvin� Re-Appointments of Loran Peterson, Scott Hilligas Mike McElrov Mike Mvers
Todd Bredthauer, Tom O'Neill, Russ Shaw, and Crai� Lewis to the Mechanical Examining
Board.
Approvin� Re-A�pointments of Jennifer Herman, Mike Bailey Verne Penas David Scoggins
and Crai� Lewis to the Plumbers Examinin� Board.
#2011-366 — Approving Acquisition of Utilitv Easement Located West of Locust Street and
North of Schimmer Drive (Hooker Brothers Sand & Gravel�
#20ll-367 — Approvin� Acquisition of Utilitv Easement Located at 1404 West 2°d Street
(Casey's Retail Company).
#2011-368 — Approvin� Award of Safetv Glass Contract for Utilities, Public Works, and Parks
Employees for 2012-2014 with Eyecare Professionals/Grand Island Optical, of Grand Island,
Nebraska.
#2011-369 — Approving Employee Uniform Contract for Utilities and Public Works
Departments with Paramount Linen and Uniform of Kearney, Nebraska.
#2011-370 — Approving Bid Award for Cul-de-sac Snow Removal Operations for the 2011/2012
Winter Season (Streets Division of the Public Works Department) with The Diamond
En ineering Company of Grand Island, Nebraska in an Amount of: CAT Motor Patrol & Front
End Loaders -$165.00 per hour; 10 vard dump -$125.00 per hour; and 16 Xard side dump -
$145.00 per hour.
#2011-371 — Approving Acquisition of Public Utilitv Easement in Oak Pointe Subdivision
�R.B.O., L.L.C.�
#2011-372 — Ap�roving Change Order No. 2 for Broadwell Avenue Shoulder Im�rovement —
Ca�ital Avenue to Veteran's Athletic Fields with J.I.L. Asphalt Paving Co. of Grand Island,
Nebraska for an increase of $1 243.77 and a Revised Contract Amount of $126 943.67.
#2011-373 — A�proving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads for Calendar Year 2012.
#2011-374 — Approving Supplemental Agreement No. 1 with Kirkham Michael & Associates of
Omaha, Nebraska for Preliminarv Engineering Services for the US Hi way 30 Draina�e
Im�rovement Project with an Additional Cost not to exceed $38,023.00 and a total Consultin�
Service Cost of $137,254.43.
#2011-375 — A�proving Certificate of Final Completion for Buildin� Reconstruction Lift Station
No. 4 Project No. 2011-5-4 with The Diamond En 'ngi eering Companv of Grand Island,
Nebraska.
Page 7, City Council Regular Meeting, December 20, 2011
#20ll-376 — Approvin� Time Extension to the Contract with Midlands Contracting Inc of
Kearnev, Nebraska for the Moores Creek Drain Extension — Old Potash Crossing• Draina�e
Proiect No. 2088-D-2 to May 1 S 2012.
#2011-365 — A� roving Final Plat and Subdivision A�eement for Ponderosa Village
Subdivision. Regional Planning Director Chad Nabity answered questions concerning James
Road, where the four lots were in the subdivision, and the B-2 — General Business zone.
Motion by Gilbert, second by Donaldson to approve Resolution #2011-365. Upon roll call vote,
all voted aye. Motion adopted.
RESOLUTIONS:
#2011-377 — Consideration of Request from GMRI Inc. dba The Olive Garden Italian
Restaurant #4416, 1010 Allen Drive for a Class "I" Liquor License and Liquor Mana�er
Desi�ation for Beckv Janes, 2236 West llt" Street. This item related to the aforementioned
Public Hearing.
Motion by Gericke, second by Haase to approve Resolution #2011-377 contingent upon final
inspections and the Liquor Manager request from Becky Janes, 2236 West 1 lth Street contingent
upon completion of a state approved alcohol server/seller training program. Upon roll call vote,
all voted aye. Motion adopted.
#2011-378 — Approving Contract for En 'neerin� Design Services for Lincoln Park Pool. Parks
and Recreation Director Steve Paustian reported that after several years of emergency repairs,
Council determined to renovate/replace the Lincoln Park Swimming Pool. Request for
Qualifications (RFQ) for the design service for Lincoln Park Swimming Pool were solicited with
six firms responding to the request. A committee rated the proposals and are recommending JEO
Consulting Group of Wahoo, Nebraska. A contract had been negotiated with JEO in the amount
not to exceed $150,000.
Motion by Ramsey, second by Niemann to approve Resolution #2011-378.
A brief discussion was held concerning the wording "not to exceed" which was not in the
Resolution.
Motion by Gericke, second by Dugan to amend Resolution #2011-378 to add the wording "not to
exceed" before the $150,000. Upon roll call vote, all voted aye. Motion adopted.
Upon roll call vote on the main motion, all voted aye. Motion adopted.
#2011-379 — Consideration of Spending Process Requirements. Councilmember Chuck Haase
recommended a Council Policy regarding City Spending and the process required relative to
cash, budget and procurement to create awareness, compliance and openness. Explained was
Dillons Rule which the State of Nebraska follows which requires enabling authority. Requested
was that any money moved from one fund to another fund be brought to Council as a budget
amendment.
Page 8, City Council Regular Meeting, December 20, 2011
Motion by Niemann, second by Dugan to approve Resolution #2011-379.
Terry Galloway explained the difference between the Enterprise funds and General Funds.
Interim Finance Director Jaye Monter explained the reasons for lack of funds in the internal
services funds. City Administrator Mary Lou Brown commented on the vagueness of the
Resolution and how that could be a detriment to the operation of the City.
Motion by Gard, second by Gilbert to refer this item to a Study Session within the first 60 days
of 2012. Upon roll call vote, all voted aye. Councilmember Haase abstained. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gard to approve the Claims for the period of December 7, 2011
through December 20, 201 l, for a total amount of $4,484,038.49. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Nickerson to adjourn to
Executive Session at 9:16 p.m. for the purpose of a strategy session with respect to litigation
which is imminent and strategy session with respect to pending litigation.
Tracy Overstreet representing the Independent requested the identity of the parties for the closed
sessions. City Attorney Robert Sivick explained the State Statutes regarding closed sessions.
Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey to return to Regular
Session at 10:02 p.m. Upon roll call vote, all voted aye. Motion adopted. �
#2011-380 — Consideration of Approvin� Settlement Agreement between Jessica Musil and the
City of Grand Island.
Motion by Gilbert, second by Donaldson to approve Resolution #2011-380. Upon roll call vote,
all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 10:02 p.m.
�
RaNae Edwards
City Clerk