06/26/2012 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 26, 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 June 26, 2012. Notice of the meeting was given in The Grand Island Independent on
June 20, 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, Vaughn Minton, and John Gericke. The
following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick,
Public Works Director John Collins and Finance Director Jaye Monter.
INVOCATION was given by Pastor Dan O'Neill, Abundant Life Christian Center, 3411 West
Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Rebecca Riley and Board
member Randy See.
Mayor Vavricek announced that he asked and received the resignation of City Administrator
Mary Lou Brown effective September 30, 2012. He stated he would seek an interim city
administrator with council input and consult with Council President Gilbert to determine if
anyone on staff may work or if another interim outside of city employment might be a
possibility. Announced was the formation of a Mayor's Advisory Group for input on this
position and to move the City forward.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Pandemic 2012 Zombie Week" June 30 — July 1, 2012. Mayor Vavricek and the
City Council recognized the "Pandemic 2012 Zombie Week: beginning June 30 through July 1,
2012. Present to receive the proclamation was Interim Parks and Recreation Director Todd
McCoy, Heartland Public Shooting Park Superintendent Bill Starkey, Jason Hornady, Steve
Hornady, Bill Davies, and Kent Koehn.
Recognition of Public Works Department Streets Division. Mayor Vavricek and the City Council
recognized the Public Works Department Streets Division for work on the Sycamore Street
underpass. Public Works Director John Collins commented on the work done by the Streets
Department. Present for the recognition was Street Superintendent Shannon Callahan, Dave
Wells and Pete DeLeon.
PUBLIC HEARINGS:
Public Hearing on Request from Los Dos Henuanos Mexican Restaurant, LLC dba Los Dos
Hermanos Mexican Restaurant, 2004 North Broadwell Avenue for a Class "I" Liquor License.
City Clerk RaNae Edwards reported that an application for a Class "I" Liquor License had been
received from Los Dos Hermanos Mexican Restaurant, LLC dba Los Dos Heirnanos Mexican
Page 2,City Council Regular Meeting,June 26,2012
Restaurant, 2004 North Broadwell Avenue. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City on
May 23, 2012; notice to the general public of date, time, and place of hearing published on June
16, 2012; notice to the applicant of date, time, and place of hearing mailed on May 23, 2012;
along with Chapter 4 of the City Code. Staff made no recommendation. No public testimony was
heard.
Public Hearing on Request from Dreisbach's Steak House, Inc. dba Dreisbach's Carry-Out, 3337
West State Street #D for a Class "CK" Liquor License. City Clerk RaNae Edwards reported that
an application for a Class "CK" Liquor License had been received from Dreisbach's Steak
House, Inc. dba Dreisbach's Carry-Out, 3337 West State Street #D. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on June 1, 2012; notice to the general public of date, time, and place of
hearing published on June 16, 2012; notice to the applicant of date, time, and place of hearing
mailed on June 1, 2012; along with Chapter 4 of the City Code. Staff recommended approval. No
public testimony was heard.
Public Hearing on Request from Zoul Hospitality, LLC dba Willman's Express Bottle Market,
404 South Webb Road for a Class "C" Liquor License. City Clerk RaNae Edwards reported that
an application for a Class "C" Liquor License had been received from Zoul Hospitality, LLC dba
Willman's Express Bottle Market, 404 South Webb Road. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on June 6, 2012; notice to the general public of date, time, and place of hearing
published on June 16, 2012; notice to the applicant of date, time, and place of hearing mailed on
June 6, 2012; along with Chapter 4 of the City Code. Staff recommended approval. No public
testimony was heard.
Public Hearing on Request to Rezone Property Located at 4223 Shanna Street from LLR Large
Lot Residential to R1 Suburban Residential. Regional Planning Director Chad Nabity reported
that a request had been made to rezone properties consisting of 2.885 acres located west of
Independence and north of 13th Street, Lot 1 of Western Heights Sixth Subdivision from LLR
Large Lot Residential Zone to R1 Suburban Residential Zone. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 4106 West Stolley Park Road
(Green Line Equipment, Inc.). Utilities Director Tim Luchsinger reported that acquisition of real
estate located at 4106 West Stolley Park Road was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers for the
purpose of placing City owned electric and water lines through the property to provide the
utilities to the new building currently under construction by Green Line Equipment, Inc. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3751 East U.S. Highway 34
(Doralene and John Niedfelt, Trustees of the Jerome Niedfelt Family Trust). Utilities Director
Tim Luchsinger reported that acquisition of real estate located at 3751 East U.S. Highway 34
was needed in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers for the purpose of allowing a power line from an existing line
Page 3,City Council Regular Meeting,June 26,2012
across the Niedfelt property to a new home being built south and west of this property. 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:
#9388 — Consideration of Request to Rezone Property Located at 4223 Shanna Street
from LLR Large Lot Residential to Rl Suburban Residential
#9389 — Consideration of Amending Chapter 2 of the Grand Island City Code to Require
City Council Approval of Future Appointments of Police and Fire Chiefs
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 seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9388 — Consideration of Request to Rezone Property Located at 4223 Shanna Street
from LLR Large Lot Residential to RI Suburban Residential
Motion by Donaldson, second by Niemann to approve Ordinance#9388.
City Clerk: Ordinance #9388 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#9388 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#9388 is declared to be lawfully adopted upon publication as required by law.
#9389 — Consideration of Amending Chapters 2 and 12 of the Grand Island City Code to
Require City Council Approval of Future Appointments of Police and Fire Chiefs
City Attorney Robert Sivick reported that Ordinance #9389 would amend the Grand Island City
Code Chapters 2 and 12 to require the mayoral appointment of a Police and/or Fire Chief be
approved by the Council.
Lewis Kent, 624 Meves Avenue and Paul Wieck, 936 South Kimball spoke in support.
Motion by Gilbert, second by Dugan to approve Ordinance#9389.
Comments were made by council regarding the importance of council involvement in these two
positions.
Page 4,City Council Regular Meeting,June 26,2012
Motion by Carney, second by Niemann to amend Ordinance #9389 to include the Utilities and
Library Director.
City Attorney Bob Sivick recommended this amendment be brought back to Council in two
weeks for property notice to the public. The motion was withdrawn.
City Clerk: Ordinance #9389 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#9389 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#9389 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.
Approving Minutes of June 12, 2012 City Council Regular Meeting.
#2012-155 — Approving Final Plat and Subdivision Agreement for Western Heights 7th
Subdivision. It was noted that Thomas & Vickie Connelly, owners, had submitted the Final Plat
and Subdivision Agreement for Western Heights 7th Subdivision for the purpose of creating 4
lots on property located west of Independence Avenue and north of 13th Street containing 2.885
acres.
#2012-156 — Approving Acquisition of Utility Easement Located at 4106 West Stolley park
Road (Green Line Equipment).
#2012-157 — Approving Acquisition of Utility Easement Located at 3751 East U.S. Highway 34
(Niedfelt).
#2012-158 — Approving Bid Award for Steam Generator Boiler Repair at Platte Generating
Station with Hayes Mechanical of Omaha, NE in an Amount of$145,600.00.
#2012-159 — Approving Change Order #1 with Kiewit Power Engineer of Lenexa, KS for Air
Quality Control System Engineering Services at Platte Generating Station for an Increase of
$82,992.00 and a Revised Contract Amount of$432,032.00.
#2012-160 —Approving Agreement for Administrative Services & Development of Promotional
Materials Regarding MEAN Nebraska Refrigeration Recycling Program for an Amount not-to-
exceed $3,250.00.
#2012-161 —Approving Termination of Notice of WEC2 Marketing Service.
#2012-162 — Approving Changing the Name of the Public Library's Heritage Room to the
Roberta A. Lawrey Heritage Room.
Page 5,City Council Regular Meeting,June 26,2012
#2012-163 —Approving Change Order No. 4 for Contract Time Extension for the Aeration Basin
Improvements at the Wastewater Treatment Plant with Oakview dck, LL of Red Oak, IA.
#2012-164 —Approving Certificate of Final Completion for Handicap Ramp Project No. 2012-1
with The Diamond Engineering Company of Grand Island, NE.
#2012-165 — Approving Program Supplemental Agreement No. 3 with the State of Nebraska
Department of Roads for the Walk to Walnut Project.
#2012-166 — Approving Microsoft License Enterprise Agreement Update with En Pointe
Technologies in an Amount of$80,857.68 plus Mandatory True-Up Costs of$42,159.00.
REQUESTS AND REFERRALS:
Consideration of Request from Nebraska State Fair for Modification to Conditional Use Permit
for Recreational Vehicle Camper Site at Fonner Park. Building Department Director Craig Lewis
reported that a letter had been received from the Nebraska State Fair requesting the approval to
allow for 78 sites within the recreational vehicle park to be primitive for the 2012 State Fair.
Staff recommended approval of primitive sites for the 2012 State Fair and use of recreation sites
throughout the year that are fully compliant.
Motion by Haase, second by Ramsey to approve the request from the Nebraska State Fair for
Modification to the Conditional Use Permit for Recreation Vehicle Camper Site at Fonner Park
of primitive sites for the 2012 State Fair and use of recreation sites throughout the year that are
fully compliant. Upon roll call vote, all voted aye. Motion adopted.
Consideration of Referring Blight and Substandard Study for Proposed Redevelopment Area#10
to the Regional Planning Commission (South of Bismark and East of South Locust Street).
Regional Planning Director Chad Nabity reported that a Substandard and Blight Study prepared
for Larry Fowles by Marvin Planning Consultants was the first micro-blight study conducted in
the City of Grand Island. This study was for approximately 7.5 acres of property in southeast
Grand Island between Bismark Road and Phoenix Street and along Kimball and Oak Street. The
next step in the process was for Council to refer this item to the Regional Planning Commission.
Motion by Donaldson, second by Gericke to refer the Blight and Substandard Study for Proposed
Redevelopment Area #10 to the Regional Planning Commission. Upon roll call vote, all voted
aye. Motion adopted.
Consideration of Referring Blight and Substandard Study for Proposed Redevelopment Area#11
to the Regional Planning Commission (Veterans Hospital Property South of Capital Avenue and
East of Broadwell Avenue). Regional Planning Director Chad Nabity reported that a Substandard
and Blight Study prepared for Pridon LLC by RDG Planning and Design was for approximately
27 acres of property in north central Grand Island encompassing the Veterans Hospital Campus
south of Capital Avenue between Broadwell and Wheeler. The next step in the process was for
Council to refer this item to the Regional Planning Commission.
Page 6,City Council Regular Meeting,June 26,2012
Comments were made by Council regarding the need of this project for our veterans. Questioned
was if this area met the qualifications for blight and substandard since it was owned by a
government agency. Mr. Nabity stated this area did qualify.
Motion by Minton, second by Niemann to refer the Blight and Substandard Study for Proposed
Redevelopment Area #11 to the Regional Planning Commission. Upon roll call vote, all voted
aye. Motion adopted.
RESOLUTIONS:
#2012-167 — Consideration of Request from Los Dos Hermanos Mexican Restaurant, LLC dba
Los Dos Heramanos Mexican Restaurant, 2004 North Broadwell Avenue for a Class "I" Liquor
License and Liquor Manager Designation for Maria Rico, 617 West 13th Street. This item is
related to the aforementioned Public Hearing.
Motion by Carney, second by Minton to make no recommendation to the NE Liquor Control
Commission based on the Police Department report due to gross omissions, inaccuracies, and
discrepancies in the application. Upon roll call vote, all voted aye. Motion adopted.
#2012-168 — Consideration of Request from Dreisbach's Steak House, inc. dba Dreisbach's
Carry-Out, 3337 West State Street #D for a Class "CK" Liquor License and Liquor Manager
Designation for Angela Dowd, 2140 2nd Avenue, Boelus, NE. This item is related to the
aforementioned Public Hearing.
Motion by Ramsey, second by Donaldson to approve Resolution #2012-168 contingent upon
final inspections and completion of a state approved alcohol server/seller training program. Upon
roll call vote, all voted aye. Motion adopted.
#2012-169 — Consideration of Request from Zoul Hospitality, LLC dba Willman's Express
Bottle Market, 404 South Webb Road for a Class "C" Liquor License and Liquor Manager
Designation for Zachary Zoul, 2723 Brentwood Blvd. This item is related to the aforementioned
Public Hearing.
Motion by Carney, second by Gericke to approve Resolution #2012-169 contingent upon final
inspections and completion of a state approved alcohol server/seller training program. Upon roll
call vote, all voted aye. Motion adopted.
#2012-170 — Consideration of Amendment to City of Grand Island Police Officers' Retirement
System Plan and Trust. Finance Director Jaye Monter reported that Amendment No. 2 would
incorporate recent changes to the Police Officers Retirement Act from Legislative Bill 1082.
Greg Anderson, Wells Fargo Police Officers' Retirement Plan Representative was present to
answer questions. The cost increase amount would be $48,000 annually.
Motion by Gilbert, second by Niemann to approve Resolution#2012-170. Upon roll call vote, all
voted aye. Motion adopted.
#2012-171 — Consideration of Approving Boundaries for South Locust Street — Stoller Park
Road to Fonner Park Road Business Improvement District 2012 and Appointing Board.
Page 7,City Council Regular Meeting,June 26,2012
Community Development Administrator Marco Floreani reported that Business Improvement
District (BID) #4 was set to expire on September 30, 2012. BID #4 would like to continue for
one year with an interest to merge with BID #7 (Stolley Park Road to Highway 34) after
September 30, 2013 when that BID expires. The first step to creating the district was to approve
the boundaries and appoint a board. The following names were recommended for the board:
Hugh Miner, Roy Nenemen, Bennett Chamness, Buzz Douhit, James Goodman, Kris Nolan
Brown, and Scott Zana. Staff recommended approval.
Cindy Johnson, Chamber of Commerce President spoke in support.
Motion by Haase, second by Carney to approve Resolution #2012-171. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gericke to approve the Claims for the period of June 13, 2012
through June 26, 2012, for a total amount of$5,966,382.65. Unanimously approved.
Motion by Haase, second by Carney to remove Item X-1 Executive Session. Upon roll call vote,
all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
RaNae Edwards
City Clerk