03/13/2012 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 13, 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 March 13, 2012. Notice of the meeting was given in The Grand Island Independent on
March 7, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember
Chuck Haase 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 Finance Director Jaye Monter.
INVOCATION was given by Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer
Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Josh Sugita and Board member
Theresa Engelhardt.
PRESENTATIONS AND PROCLAMATIONS•
Reco�nition of Hall County WWII Hero Fli�hts to Washin on DC Mayor Vavricek and the
City Council recognized the outstanding work of the Hall County WWII Hero Flights to send
World War II veterans to Washington, DC to visit the World War II Memorial. Don Shuda was
present for the recognition and explained the flights. Viewed was a short video of the first flight.
Proclamation "National Agricultural Day" March 8 2012 Mayor Vavricek proclaimed March 8,
2012 as "National Agricultural Day". FFA Students from Northwest High School were present
for the presentation.
PUBLIC HEARINGS:
Public Hearin� on ReQuest from Napoli LLC dba El Napoli's Italian 3421 Conestoga Drive for
a Class "I" Liquor License. City Clerk RaNae Edwards reported that an application for a Class
"I" Liquor License had been received from Napoli, LLC dba Napoli's Italian, 3421 Conestoga
Drive. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on February 10, 2012; notice to the general
public of date, time, and place of hearing published on March 3, 2012; notice to the applicant of
date, time, and place of hearing mailed on February 10, 2012; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon completion of a state approved alcohol
server/seller training program. No public testimony was heard.
Public Hearin� on the Proposal for Use of Pro�ram Income Reuse Funds Community
Development Administrator Marco Floreani reported that through the Community Development
Block Grant (CDBG) the City submitted an application on behalf of the Grand Island Business
Page 2, City Council Regular Meeting, March 13, 2012
Improvement District #8 for a$12,500 Revolving Loan funds. If approved these fund would
provide a portion of the required match for a 2012 Phase 1 Downtown Revitalization Grant from
the Nebraska Department of Economic Development. No public testimony was heard.
Public Hearin� on Application for Communitv Development Block Grant Pro am Community
Development Admmistrator Marco Floreani reported that a Community Development Block
Grant had been prepared for $30,000 to fund the Downtown Revitalization Phase 1 Pre-
Development Planning Grant to develop a revitalization plan for downtown infrastructure and
growth. No public testimony was heard.
Public Hearin� on Acquisition of Public Street Ri�ht-of Wav in Oak Pointe Subdivision (R B O
L.L•C•)• Public Works Manager of Engineering Services Terry Brown reported that acquisition
of a Public Street right-of-way was needed in order to allow for redesign of the development area
at Starwood Avenue and Cedar Ridge Court for development of a cul-de-sac at the south end of
Lot One. Staff recommended approval. No public testimony was heard.
Public Hearin� on Acctuisition of Public Utilitv Easement in Oak Pointe Subdivision (R B O
L.L•C•)• Public Works Manager of Engineering Services Terry Brown reported that acquisition
of a Public Utility easement was needed in the Oak Pointe Subdivision to allow for the
construction, operation, maintenance, extension, repair, replacement, and removal of public
utilities within the easement for the purpose of allowing for this area to be redeveloped as a cul-
de-sac. No public testimony was heard.
ORDINANCES:
#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) (Final
Reading)
Motion by Gilbert, second by Donaldson to approve Ordinance #9363 on third 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:
#9370 — Consideration of Amendment to Chapter 35 of the Grand Island City Code
Relative to Groundwater Control Area #4 — Nebraska Solvents Company Site on the
Eastern Side of the City of Grand Island and a Portion of Western Merrick County
#9371 ()— Consideration of Amendments to Chapter 35 of the Grand Island City Code
Relative to Revisions of the Water Rate Schedule
#9372 — Consideration of Amendments to Chapter 32 of the Grand Island City Code
Relative to Streets and Sidewalks
#9373 — Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
#9374 — Consideration of Vacation of Starwood Avenue and Cedar Ridge Court in Oak
Pointe Subdivision (R.B.O., L.L.C.)
#9375 — Consideration of Amendment to Chapter 16 of the Grand Island City Code
Relative to Open Burning
Page 3, City Council Regular Meeting, March 13, 2012
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 Gard second the motion. Upon roll call vote, all voted aye. Motion adopted.
#9370 — Consideration of Amendment to Chapter 35 of the Grand Island City Code
Relative to Groundwater Control Area #4 — Nebraska Solvents Company Site on the
Eastern Side of the City of Grand Island and a Portion of Western Merrick County
Utilities Director Tim Luchsinger reported that Union Pacific would like to create a groundwater
control area restricting development and use of new water sources by property owners in the
contaminated area. This ordinance also had a housekeeping function of clearly delineating the
provisions of Groundwater Control Area No. 3.
Lewis Kent, 624 Meves Avenue questioned if Swift would be putting in a well. Mr. Luchsinger
stated he was not aware of any well drilling by Swift.
Motion by Dugan, second by Gericke to approve Ordinance #9370.
City Clerk: Ordinance #9370 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 #9370 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 #9370 is declared to be lawfully adopted upon publication as required by law.
#9371 (A) — Consideration of Amendments to Chapter 35 of the Grand Island City Code
Relative to Revisions of the Water Rate Schedule
Utilities Director Tim Luchsinger reported that revision of the Water Rate Schedule had been
presented to Council for possible funding methods for the capital cost and annual operating costs
for the uranium removal system project. The following two options were presented to Council:
1) creating a Meter Fee Schedule or 2) increasing each billing unit rate (100 cubic feet) by $0.16.
Lewis Kent, 624 Meves Avenue spoke in support.
Discussion was held regarding meter fee being consistent and fair so people could plan their
monthly bills. Comments were also made concerning the advantage of the set rate increase of
$.16 per 100 cubic feet. Mr. Luchsinger clarified the differences in the Ordinances. Customers
could control the price of their bill with Option (B) by the amount of water used. The Utilities
Department favored Option (A).
Motion by Donaldson, second by Gericke to approve Ordinance #9371 (A).
Page 4, City Council Regular Meeting, March I3, 2012
City Clerk: Ordinance #9371 (A) 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 Niemann,
Ramsey, Gilbert, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmembers Carney and
Nickerson voted no. Motion adopted.
City Clerk: Ordinance #9371 (A) 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 Niemann,
Ramsey, Gilbert, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmembers Carney and
Nickerson voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9371 (A) is declared to be lawfully adopted upon publication as required by law.
#9372 — Consideration of Amendments to Chapter 32 of the Grand Island City Code
Relative to Streets and Sidewalks
Public Works Manager of Engineering Services Terry Brown reported that Ordinance #9372
were needed Amendments to Chapter 32-69 in order to meet Federal-Aid Transportation
requirements for encroachments relating to streets and sidewalks. Ordinance #9373 related to
vacating a utility easement in Oak Pointe Subdivision and Ordinance #9374 related to vacating a
portion of Starwood Avenue and Cedar Ridge Court in Oak Pointe Subdivision.
_ David Jelinek, 1723 West lst Street addressed concerns on the US Hwy 30 drainage easements
regarding sprinkler system reimbursement. Discussion was held regarding creating a license
agreement to identify location of underground sprinklers.
Motion by Ramsey, second by Gilbert to approve Ordinance #9372.
City Clerk: Ordinance #9372 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 #9372 on fnal 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 #9372 is declared to be lawfully adopted upon publication as required by law.
#9373 — Consideration of Vacation of a Utility Easement Located in Oak Pointe
Subdivision (R.B.O., L.L.C.)
#9374 — Consideration of Vacation of Starwood Avenue and Cedar Ridge Court in Oak
Pointe Subdivision (R.B.O., L.L.C.)
Ordinances #9373 and #9374 related to the aforementioned Public Hearings.
Motion by Carney, second by Gard to approve Ordinances #9373 and #9374
Page 5, City Council Regutar Mee[ing, Mazch 13, 2012
City Clerk: Ordinances #9373 and #9374 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 #9373 and #9374 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 #9373 and #9374 are declared to be lawfully adopted upon publication as required by
law.
#9375 — Consideration of Amendment to Chapter 16 of the Grand Island City Code
Relative to Open Burning
Fire Division Chief Tim Hiemer reported that Ordinance #9375 was to amend the City Code
banning Open Burning.
Jerry Rapp, 802 East 15th Street spoke in opposition. Lewis Kent, 624 Meves Avenue spoke in
support.
Motion by Gericke, second by Carney to approve Ordinance #9375.
Mayor Vavricek answered the question as to why this issue had been brought forward. It was at
the request of Councilmember Gericke. Discussion was held regarding the enforceability and the
vote of the people to have open burning in the City.
Motion was made by Nickerson, second by Gard to amend this Ordinance to make it effective
May l, 2012. Upon roll call vote, Councilmembers Carney, Ramsey, Gilbert, Nickerson,
Donaldson, Dugan, and Gard voted aye. Councilmembers Niemann and Gericke voted no.
Motion adopted.
A lengthy discussion on the pros and cons of a burning ban was held. Mentioned was the
complexity and number of exceptions in the Ordinance. Discussion was held on the current City
Code and if we were in compliance with State Statute. Mr. Hiemer stated we would be if we
enforced the permit policy. The Fire Department didn't have the staff for enforcement. City
Attorney Bob Sivick explained in order for this Ordinance to pass there needed to be a 2/3 vote.
City Clerk: Ordinance #9375 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 Ramsey, Donaldson,
Dugan, Gard and Gericke voted aye. Councilmebmers Carney, Niemann, Gilbert, and Nickerson
voted no. Motion failed.
CONSENT AGENDA: Motion by Ramsey, second by Gard to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approvin� Minutes of February 25 2012 Citv Council Studv Session (Retreat)
Page 6, City Council Regular Meeting, March 13, 2012
A rovin� Minutes of Februarv 28 2012 Citv Council ReQular Meetin�
Approvin� Minutes of March 6 2012 City Council Study Session
A rovin� Councilmember Appointments to Boards and Commissions
#2012-55 — Approvin� Final Plat and Subdivision Agreement for Chief Fab Second Subdivision
It was noted that Chief Industnes, Inc. owner, had submitted the Final Plat and Subdivision
Agreement for Chief Fab Second Subdivision for the purpose of creating 2 lots on property
located north of Fonner Park Road and west of Adams Street containing 15.448 acres.
#2012-56 — Approvin� Proposal for Use of Program Income Reuse Funds
#2012-57 — Approvin� Application for Communitv Development Block Grant Pro�ram
#2012-58 — Approvin� Grant Spendin� for the Nebraska Children and Families Foundation and
Nebraska Department of Health and Human Services Grants
#2012-59 — Approvin� Grant Evaluation A�reement for the NE Children and Families
Foundation and NE Denartment of Health and Human Services Grants
#2012-60 — Approvin� AcQUisition of Public Street Ri t of Wav in Oak Pointe Subdivision
(R.B.O., L.L.C.).
#2012-61 — Approvin� Acquisition of Public Utilitv Easement in Oak Pointes Subdivision
(R.B.O., L.L.C.�
#2012-62 — Approvin� Certificate of Final Completion for Broadwell Avenue Shoulder
Improvement — Capital Avenue to Veteran's Athletic Fields with J I L Asphalt Pavin� Com any
of Grand Island Nebraska
#2012-63 — Approvin� Chan�e Order No 3 for Project WWTP 2010 3 for Aeration Basin
Improvements at the Wastewater Treatment Plant with Oakview dck LLC of Red Oak Iowa for
a decrease of $30 124.00 and a Revised Contract Amount of $3 944 025.00.
#2012-64 — Approvin� Supplementin� Inter-Departmental Fund Transfer for Project WWTP
2010-3 for Aeration Basin Imnrovements at the Wastewater Treatment Plant
#2012-65 — Approvin� Support of the Hall Countv Historical Societv Pursuin� Placement of the
Seedhn� Mile Site on the National Re istry of Historic Places
#2012-66 — Approvin� Bid Award for Handicap Ramp Project No 2012 1 with The Diamond
En�ineenn� Companv of Grand Island Nebraska in an Amount of $98 370 30
#2012-67 — Approvin� Bid Award for Concrete Ready-Mix for 2012 with Gerhold Concrete Co
Inc. of Grand Island Nebraska in an Amount of $77.00 er cubic ard for Portland Cement
Concrete Readv-Mix
Page 7, Ciry Council Regular Meeting, March 13, 2012
#2012-68 — Approvin� Bid Award for Hot-Mix Asphalt for 2012 with Gary Smith Construction
Co. of Grand Island Nebraska m an Amount of $48.50 er ton for T e"A" as haltic concrete
$44.27 per ton for Tvt�e "BC" asphaltic concrete $54 60 per ton for Type "C" asphaltic concrete
and $51.50 per ton for Type "SPL" asphaltic concrete
#2012-69 — Approvin� Chan�e Order #1 for Additional Infield Soil Conditioner at the Veterans
Athletic Field Complex with Dakota Transport Inc of Hampton Minnesota for an Increase of
$936.80 and a Revised Contract Amount of $96 936.80.
#2012-70 — Anprovin� Certificate of Final Completion for Infield Soil Conditioner at the
Veterans Athletic Field Comblex with Dakota Transport Inc of Hampton Minnesota
RESOLUTIONS:
#2012-71 — Consideration of Reauest from Napoli LLC dba Napoli's Italian 3421 Conestoga
Dnve for a Class "I" Liquor License This item related to the aforementioned Public Hearing.
Motion by Carney, second by Gericke to approve Resolution #2012-71 contingent upon final
inspections and completion of a state approved alcohol server/seller training program. Upon roll
call vote, all voted aye. Motion adopted.
#2012-72 — Consideration of Letter of Su ort for VA Homeless Veterans Housin Pro'ect.
- Building Department Craig Lewis reported that a request had been made by Pridon, a national
; developer specializing in homes for military families and veterans for application for Low
Income Housing Tax Credits from NIFA.
Motion by Dugan, second by Niemann to approve Resolution #2012-72. 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 February 29, 2012
through March 13, 2012, for a total amount of $4,202,309.40. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
� GL?C�T'
RaNae Edwards
City Clerk