02/14/2012 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 14, 2012
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 February 14, 2012. Notice of the meeting was given in The Grand Island Independent
on February 8, 2012.
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 Jay Vetter, Trinity United Methodist Church, 511 North
Elm Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council members Emily Heineman and Reyna
Raymundo.
PRESENTATIONS AND PROCLAMATIONS•
Proclamation "Nebraska Dan�er Week" Februarv 20 2012 Mayor Vavricek proclaimed the
week of February 20, 2012 as "Nebraska Danger Week". Owner Charlie Bosselman, Brandi
Bosselman, Head Coach Mike Davis, General Manager Mike McCoy, and Chief Operations
Officer Brian Fausch were present for the presentation.
BOARD OF EQUALIZATION• Motion by Gilbert, second by Ramsey, carried unanimously to
adjourn to the Board of Equalization.
#2012-BE-1 — Consideration of Determinin� Benefits for Street Improvement District No 1256•
Canital Avenue from the Moores Creek Drain to Webb Road Public Works Engineer Terry
Brown 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.
Jeff Vinson, 3010 Gladstone Circle and Curtis Cellar, 4220 Shanna Street spoke in opposition.
Discussion was held regarding reasons for the Capital Avenue widening project.
Councilmembers Haase and Dugan commented on inconsistencies of the City's policy for
, determining assessments. Mr. Brown answered questions concerning the South Locust widening
project done years ago and Capital Avenue widening project as not a fair comparison. Mr.
Collins answered questions regarding truck traffic on Capital Avenue.
City Attorney Bob Sivick stated that previous actions by the City Council in 2006 were binding
today and the City could be held liable if this Resolution was not approved.
Page 2, City Council Regular Meeting, February 14, 2012
— Motion by Gilbert, second by Gard to approve Resolutions #2012-BE-1. Upon roll call vote,
Councilmembers Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard and
Gericke voted aye. Councilmember Haase voted no. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearin� on ReQUest from Baldo Inc dba El Faravon Cantina & Grill 1403 South Eddy
Street for a Class "C" Liquor License RaNae Edwards, City Clerk reported that an application
for a Class "C" Liquor License had been received from Baldo, Inc. dba El Farayon Cantina &
Grill, 1403 South Eddy Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on January 17,
2012; notice to the general public of date, time, and place of hearing published on February 4,
2012; notice to the applicant of date, time, and place of hearing mailed on January 17, 2012;
along with Chapter 4 of the City Code. Staff recommended Council make no recommendation
based on the Nebraska Liquor Control Act 53-125 – Classes of persons to whom no license is
issued. Steve Dowding, Attorney for the applicant spoke in support and requested the Council
approve the application. No further public testimony was heard.
- Public Hearin� on Rectuest to Rezone Propertv Located at 1115 & 1116 Cedar Ridge Court from
RD – Residential Development to R4 – Hi Density Residential Regional Planning Director
Chad Nabity reported that a request had been received to rezone properties located south of 13tn
Street, east of Sagewood Avenue and west of US Hwy 281 from RD - Residential Development
to R4 - High Density Residential. This change would allow the developer to build additional
housing units in Grand Island. Staff recommended approval. No public testimony was heard.
Public Hearin� on Annexation of Property Located South of US Hi way 34 and West of South
Blaine Street – Annexation Area 8b (includes Rainbow Lake Area� Regional Planning Director
Chad Nabity reported that the annexation plan for area 8b (Rainbow Lake) was completed and
approved by the Regional Planning Commission. Staff recommended approving the ordinance to
annex this area on first reading. Vi Sheeks, 3623 South Blaine Street and John Hanssen, 3715
South Blaine Street spoke in opposition. No further public testimony was heard.
Public Hearin� on Re-Adoption of the City of Grand Island Official Zoning Ma� Regional
Plamm�g Director Chad Nabity reported that there were several changes to the Official Zoning
Map which were consistent with the existing uses and the Future Land Use map for the City of
Grand Island. The proposed changes would harmonize the map and make enforcement of the
zoning regulations more consistent. Staff recommended approval. No public testimony was
heard.
-- Public Hearin� on Redevelonment Plan for Pro�ertv Located at US Hi way 34 and South
Locust Street (Howard Johnson� Regional Planning Director Chad Nabity reported that an
amendment to the Redevelopment Plan for CRA Area #2 was needed in order to authorize the
CRA to execute a contract for Tax Increment Financing (TIF) based on the plan amendment for
property located at 3333 Ramada Road. The redevelopment plan amendment permits
Page 3, City Council Regular Meeting February 14, 2012
rehabilitation and redevelopment of the convention center, hotel and restaurant at this location.
The total TIF allowed for this project would not exceed $524,520 during its 15 year period. Staff
recommended approval. Zachery Zoul, 3333 Ramada Road spoke in support. No further public
testimony was heard.
Public Hearin� on Addition to Chapter 36 of the Grand Island Citv Code Relative to Airport
Approach and Tumm Zones Regional Plannmg Director Chad Nabity reported that changes to
Section 36-46 — Airport Approach and Turning Zones - of the Grand Island City code were
needed in order to protect the airport from encroachments in the approach and turning zones.
Staff recommended approval. No public testimony was heard.
Public Hearin� on the One & Six Year Street Improvement Plan Public Works Engineer Terry
Brown reported that adoption of a One and Six Year Street Improvement Program was required
by State law as part of the requirements to receive approximately three million dollars of state
gas tax funds each year. This item was referred to the Regional Planning Commission by Council
at their January 24, 2012 Regular Meeting. The Regional Planning Commission conducted a
Public Hearing at their February l, 2012 meeting. Public Works Engineer Terry Brown
presented a PowerPoint explaining the recommendations. Staff recommended approval. No
public testimony was heard.
Public Hearin� on AcQUisition of Utilitv Easement Located at 1819 East 7th Street (Global
Industnes & D. J Eihusen) Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located at 1819 East 7th Street was needed in order to have access to install,
, upgade, maintain, and repair power appurtenances, including lines and transformers for the
purpose of placing underground conduit, high voltage power cable, and a pad-mounted
transformer to provide electrical power to the new business opened by Global Industries. Staff
recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9361 — Consideration of Determining Benefits for Street Improvement District No.
1256; Capital Avenue from the Moores Creek Drain to Webb Road
#9362 — Consideration of Request to Rezone Property Located at 1115 & 1116 Cedar
Ridge Court from RD — Residential Development to R4 — High Density Residential
#9533 — Consideration of Annexation of Property Located South of US Highway 34 and
West of South Blaine Street — Annexation Area 8b (included Rainbow Lake Area) (First
Reading)
#9364 — Consideration of Addition to Chapter 36 of the Grand Island City Code Relative
to Airport Approach and Turning Zones
— 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 Dugan second the motion. Upon roll call vote, all voted aye. Motion adopted.
Page 4. City Council Regular Meeting, February 14, 2012
#9361 — Consideration of Determining Benefits for Street Improvement District No.
1256; Capital Avenue from the Moores Creek Drain to Webb Road
Motion by Gilbert, second by Gard to approve Ordinance #9361.
City Clerk: Ordinance #9361 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Carney, Niemann,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember
Haase voted no. Motion adopted.
City Clerk: Ordinance #9361 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Carney, Niemann,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember
Haase voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9361 is declared to be lawfully adopted upon publication as required by law.
#9362 — Consideration of Request to Rezone Property Located at 1115 & 1116 Cedar
Ridge Court from RD — Residential Development to R4 — High Density Residential
#9364 — Consideration of Addition to Chapter 36 of the Grand Island City Code Relative
to Airport Approach and Turning Zones
Motion by Gilbert, second by Donaldson to approve Ordinances #9362 and #9364.
City Clerk: Ordinances #9362 and #9364 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 #9362 and #9364 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 #9362 and #9364 are declared to be lawfully adopted upon publication as required by
law.
#9363 — Consideration of Annexation of Property Located South of US Highway 34 and
West of South Blaine Street — Annexation Area 8b (included Rainbow Lake Area) (First
Reading)
Comments were made concerning the reasons for annexing this area. Mr. Nabity answered
questions concerning the cost to land owner and notification of this meeting.
Motion by Gard, second by Nickerson to approve Ordinance #9363 on first reading only. Upon
roll call vote, all voted aye. Motion adopted.
Page 5, City Council Regular Meeting, February 14, 2012
CONSENT AGENDA• Consent agenda item G-12 was pulled for further discussion. Motion by
Ramsey, second by Haase to approve the Consent Agenda excluding item G-12. Upon roll call
vote, all voted aye. Motion adopted.
A rovin� Minutes of Januarv 24 2012 City Council Regular Meetin�
Approvin� Minutes of January 31 2012 City Council Study Session
Anprovin� Appointment of Amos Anson to the Business Improvement District #8 Board
#2012-26 — Approvin� Chan�e of March 27 2012 City Council Re�ular Meeting to March 26
2012.
#2012-27 — Approvin� Re-Adoption of the Citv of Grand Island Official Zonin� M�
#2012-28 — Approvin� Extension ReQuest for Communitv Development Block Grant #08 DPI
005.
#2012-29 — Approvin� Business Continuitv and Recovery Services Agreement with IBM for a
Three Year Contract in the Amount of $10 152.00.
#2012-30 — Approvin� Acquisition of Utilitv Easement Located at 1819 East 7`h Street (Global
Industnes & D.J. Eihusen)
#2012-31 — Approvin� Purchase of 2012 Utilitv Truck — Water Division Utilities De artment
from State Contract with Sid Dillon Ford Lmcoln Mercu from Crete Nebraska in an Amount
of $46,802.00.
#2012-32 — Approvin� Parkview Well Superfund Site Access A�reement Amendment #4
#2012-33 — Approvin� Microsoft Home Use Pro am
#2012-35 — Approvin� Revised Contract Amount of $344 807 42 to Resolution 2012 7 Bid
Award to Midlands Contractm� Inc for Lift Station No 7 Repairs Project No 2011 S 1
#2012-34 — Approvin� Lease A�reement for a 2002 Ford Medtec Ambulance with Arrow
Manufacturin�, Inc. of Rock Rapids Iowa in an Amount of $1 000 00 per month for six months
Division Chief Tim Hiemer reported this was a lease agreement for 6 months to replace a current
ambulance which had mechanical problems.
Lewis Kent, 624 Meves Avenue questioned the warranty/guarantee on the current ambulance.
Motion by Donaldson, second by Dugan to approve Resolution #2012-34. Upon roll call vote, all
voted aye. Motion adopted.
Page 6, City Council Regular Meeting, February 14, 2012
RESOLUTIONS:
#2012-36 — Consideration of Re uest from Baldo Inc. dba El Fara on Cantina & Grill 1403
South Eddv Street for a Class "C" LiQUOr License and Liquor Manager Desi�nation for Alberto
Baldovinos, 235 North Custer Avenue This item related to the aforementioned Public Hearing.
Motion by Nickerson, second by Gard to approve Resolution #2012-36. Upon roll call vote,
Councilmembers Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Dugan, Gard, and
Gericke voted aye. Councilmember ponaldson voted no. Motion adopted.
#2012-37 — Consideration of Redeveloament Plan for Propertv Located at US Hi hway 34 and
South Locust Street (Howard Johnson� This item related to the aforementioned Public Hearing.
Discussion was held regarding the "but for" clause as it related to the TIF application. Mr.
Nabity stated the City Council was responsible to make the final decision on the "but for" clause.
Explained were the benefits to the South Locust area regarding this project.
Motion by Haase, second by Gilbert to approve Resolution #2012-37. Upon roll call vote, all
voted aye. Motion adopted.
#2012-38 — Consideration of Abpointment of Jave Monter as Finance Director Mayor Vavricek
turned the meetmg over to Council President Gilbert due to his partiality of this appointment.
City Administrator Mary Lou Brown reported that the Mayor was recommending Jaye Monter
for the position of Treasurer/Finance Director. Explained were the search process and the search
committee recommendation.
Paul Wicht, 936 South Kimball and Joyce Haase, 3024 Colonial Lane spoke in opposition.
Discussion was held regarding the requirement to live within 10 miles of the 2 mile jurisdiction.
Ms. Brown stated that Ms. Monter met this requirement. Councilmembers Niemann and Gilbert
commented about serving on the search committee and supported the recommendation.
Comments were made regarding her skill to lead and vision of the Finance Department in the
future.
Motion by Donaldson, second by Niemann to approve Resolution #2012-38. Upon roll call vote,
Councilmembers Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Gard, and Gericke
voted aye. Councilmembers Haase and Dugan voted no. Motion adopted.
Mayor Vavricek thanked the search committee for their work on this matter. Ms. Monter thanked
the Council for her appointment as Finance Director.
#2012-39 — Consideration of Pro osing a Ballot Measure for Open Burnin� Ban Fire Division
Chief Tim Hiemer gave a brief background of open burning. Environmental issues were
mentioned as a factor in support of a burning ban. Staff recommended having a burning ban on
the May primary ballot. City Attorney Sivick clarified the two resolutions. Resolution #2012-39
(A) was a ballot measure to repeal Ordinance #7993 and if approved by the voters would come
back to Council to decide the issue of open burning. Resolution #2012-39 (B) was also a ballot
measure with exceptions.
Page 7, City Council Regular Meeting, February 14, 2012
Lewis Kent, 624 Meves Avenue spoke in support of the burning ban.
Comments were made regarding the importance of a ballot measure as this was originally
decided by a ballot measure. Comments were also made that the Council should decide this issue
without going to a vote of the people. Mr. Sivick stated this issue would have to come back to
Council at a later date if Council wanted to ban open burning.
Motion by Niemann, second by Carney to approve Resolution #2012-39 (A). Upon roll call vote,
Councilmembers Carney, Niemann, and Nickerson voted aye. Councilmembers Haase, Ramsey,
Gilbert, Donaldson, Dugan, Gard, and Gericke voted no. Motion failed.
Discussion was held regarding the State Statutes as they related to the exemptions.
Motion by Carney, second by Nickerson to approve Resolution #2012-39 (B). Upon roll call
vote, Councilmember Nickerson voted aye. Councilmembers Haase, Carney, Niemann, Ramsey,
Gilbert, Donaldson, Dugan, Gard, and Gericke voted no. Motion failed.
This item would be brought back to Council at a future meeting.
#2012-40 — Consideration of the One & Six Year Street Improvement Plan This item related to
the aforementioned Public Hearing.
Motion by Gard, second by Ramsey to approve Resolution #2012-40. Upon roll call vote, all
voted aye. Motion adopted.
Council recessed at 9:40 p.m. and reconvened at 9:54 p.m.
#2012-41 — Consideration of Direction of Wastewater Treatment Plant Mana ement. Public
Works Director John Collins reported that at the request of City Council, information had been
presented regarding the Wastewater Treatment Plant management. The following two options
had been presented to Council: 1) contract operations and move forward with Veolia; or 2)
initiate an internal improvement plan with multiple external contractors. A PowerPoint was
presented on the two options.
If the decision was to contract with Veolia, the contract would be presented at the February 21,
2012 Study Session and brought forward for final approval at a later date. If the decision was to
initiate a plan without Veolia, the 2012 fiscal year budget would be increased by $500,000 and
two new positions would be created: Wastewater Plant Engineer and Wastewater Operations
Engineer.
Deficiencies to be addressed without Veolia were:
• Contracted
Asset Management
� Monitoring and Automation
Process Review (Treatment)
• Internal with Potential for Contracted Support
Procurement Review
Technical Skills
Page 8, City Council Regular Mee[ing, February 14, 2012
Staff Utilization and Process Review (Activities)
With Veolia the following would be realized:
• Optimize plant operations by utilizing expertise gained through years of operating dozens
of even hundreds of these facilities
• Reduce operating costs
• Advice during the infrastructure rehabilitation projects
• Local control and ownership
With Veolia Plant Staff would see the following:
• Retain their current pay
• Receive more and better training
• Have more and better opportunities
• IBEW 1597 recognized immediately
Mr. Collins reviewed the contract negotiation process and summary of contract revisions.
The following people spoke in opposition:
• John Henderson, 1068 Hwy 281, St. Paul
• Paul Wicht, 936 South Kimball
• Dave De La Motte, 623 Meves Avenue
• Dan Quick, 1019 Kennedy Drvie
• Ron Calihan, 4150 W. Capital Avenue
• Tom Olsen, 3819 Rochdale
• Robert Meyer, 648 E. Memorial Drive
• Scott Kuehl, 1419 Independence Avenue
• Lewis Kent, 624 Meves Avenue
Motion by Haase, second by Carney to reject all proposals to contract management and continue
the operations in-house.
Comment was made concerning the motion on the table. Discussion was held regarding moving
forward with this project and the public support to keep the Wastewater Treatment Plant
management local. Mr. Sivick stated the agenda item before the Council was to approve either
Resolution 2012-41 (A) which would move forward with Veolia or #2012-41 (B) which would
keep the management of the WWTP in house.
Councilmember Haase withdrew his motion and Councilmember Carney withdrew his second.
Motion by Gard, second by Ramsey to approve Resolution #2012-41 (B). Upon roll call vote, all
voted aye. Motion adopted.
- Comments were made by Council regarding the community's overwhelming response and
dedication of the WWTP employees. Mr. Sivick responded to questions concerning the contract
negotiation and that if Council approved Resolution #2012-41 (B), Veolia would not be a part of
the management of the WWTP. Mr. Collins answered questions concerning the $500,000
additional funding to the 2011/2012 Budget.
Page 9, City Council Regular Meeting. February 14, 2012
Motion by Gericke to amend the motion by deleting the $500,000 and two engineering positions.
Motion died due to lack of second.
Councilmember Gericke suggested moving the WWTP to the Utilities Department. Comments
were made regarding the process and to do what was right.
Upon roll call vote on the main motion, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Donaldson to approve the Claims for the period of January 25,
2012 through February 14, 2012, for a total amount of $3,514,033.95. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 11:23 p.m.
0.�. �
RaNae Edwards
City Clerk