10/09/2012 Minutes CITY OF GRAND ISLAND,NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 9, 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 October 9, 2012. Notice of the meeting was given in The Grand Island Independent on
October 3, 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 Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance
Director Jaye Monter.
INVOCATION was given by Pastor Dave Covey, Spirit of Life Church, 2304 Macron Street
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Danny Gamboa.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of the "Mayor's Builder Award" to Sara Robinson. Mayor Vavricek presented the
fourth "Mayor's Builder Award" to Sara Robinson a 4th grade teacher at Gates Elementary
School. The Mayor congratulated Ms. Robinson on receiving the Milken Family Foundation
Educator Award. Ms. Robinson was present to receive the award. Also present were Grand
Island Public Schools Superintendent Dr. Robert Winter and Mrs. Martin, Gates Elementary
Principal.
Presentation of Capital Avenue Project — Webb Road to Broadwell Avenue. Interim Public
Works Director Terry Brown introduced Matt Rief, PE, of Olsson Associates who reported that
the Capital Avenue project from Webb Road to Broadwell Avenue would improve Capital
Avenue from a two-lane asphalt roadway to a five-lane concrete roadway along with updated
street lighting, new storm sewer, sidewalks on the south side, and a 10' concrete trail to the
north. This project was made possible through funds provided by the Nebraska Department of
Roads Surface Transportation Program and the Federal Highway Administration. Mr. Rief, PE
presented the proposed project and summarized feedback that was received at the August 21,
2012 Public Informational Meeting.
Interim Public Works Director Terry Brown commented on paving assessments in the past and
for the future. Assessments needed to be in proportion according to benefits. This item would be
brought back to Council during a Study Session and future action by Council relative to
assessments.
The following people spoke against assessments for this project:
• Evelyn Brown, 3027 West Capital Avenue, Suite 1, Windsor Square
Page 2,City Council Regular Meeting,October 9,2012
• Janet Knapp, 3027 West Capital Avenue, Windsor Square
• Beth Engler, 3027 West Capital Avenue, Suite 34, Windsor Square
• Athel Lamborn, 2623 West Capital Avenue
• Andy Marsh, 2306 Apache Road
• Ryan Banzhaf, 2423 No. Howard Avenue
• Jim O'Neill, 2426 No. Custer Avenue
• Daniel Nielsen, 3027 West Capital Avenue#3
• Gilbert Kyhn, 2424 No. Grand Island Avenue
• Kay Blair, 2431 Sheridan Avenue
Discussion was held concerning the timeline of this project. Mentioned was that decisions were
needed by the Council in order not to delay the project and lose Federal funding. Project
Manager Scott Griepenstroh stated this could be brought before Council for a decision at the
October 23, 2012 meeting. Comments were made regarding the cost of a five lane compared to a
three lane. Mr. Rief stated Federal funding would be jeopardized.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located by Millard Refrigerated services
North of the Burlington Northern Tracks, East of North Highway 281 (Grand Island Area
Economic Development Corporation). Utilities Director Tim Luchsinger reported that
acquisition of real estate located north of the Burlington Northern tracks, east of North Highway
281 was needed in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers for the purpose of providing electrical service to
a new switch building belonging to BNSF Railroad. This was part of the double tack project
currently under construction. Staff recommended approval. No public testimony was heard.
Public Hearing Concerning Acquisition of Drainage Easements for the Southwest Outfall
Drainage Project No. 2011-D-1 (The Diamond Engineering Co., Clark Gauthier, Carl & Lori
Armstrong, and Kevin & Karen Houtwed). Interim Public Works Director Terry Brown reported
that acquisition of drainage easements for the Southwest Outfall Drainage Project were needed in
order for the construction, operation, maintenance, extension, repair, replacement, and removal
of drainage utilities within the easements. Staff recommended approval. No public testimony was
heard.
RESOLUTIONS:
#2012-305 — Consideration of Approving Appointment of Todd McCoy as Parks and Recreation
Director. Mayor Jay Vavricek recommended the appointment of Todd McCoy as Parks and
Recreation Director. Todd McCoy was present and introduced his family.
Motion by Gericke, second by Gilbert to approve Resolution #2012-305. Upon roll call vote, all
voted aye. Motion adopted.
Comments were made by Council complementing Mr. McCoy on his appointment and filling in
during the interim. Mr. McCoy thanked everyone for their support.
Page 3,City Council Regular Meeting,October 9,2012
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:
#9402 — Consideration of Assessments for South Locust Business Improvement District
2012
#9403 — Consideration of Request to Rezone Property Located at 2430 & 2522 Stolley
Park Road and 2433 & 2425 Del Mar Avenue — Hornady Subdivision from R2 Low
Density Residential to RD Residential Development
#9404 — Consideration of Vacation of a Portion of Del Mar Avenue in Hornady
Subdivision(JEH Holdings, LLC)
#9405 — Consideration of Vacation of a Utility Easement Located in Hornady
Subdivision(JEH Holdings, LLC)
#9406—Consideration of Vacation a Part of Outlot A Lake Heritage Second Subdivision
#9407 — Consideration of Ordinance Prohibiting Discrimination in Employment,
Housing, and Public Accommodations against Persons Based on their Sexual Orientation
or Gender Identity
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, Councilmember's Haase,
Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Minton voted aye.
Councilmember Gericke voted no. Motion adopted.
#9407 — Consideration of Ordinance Prohibiting Discrimination in Employment,
Housing, and Public Accommodations against Persons Based on their Sexual Orientation
or Gender Identity
Councilmember Larry Carney stated he brought this forward because discrimination was wrong.
This ordinance would add sexual orientation to the City Code Chapter 11 —Civil Rights.
The following people spoke:
• Grady Ericson, 1405 W. Koenig Street—support
• Gail Pemberton, 123 No. Mill Street, Dannebrog, NE - support
• Ray Absher, 1330 Grand Avenue- opposed
• Jill Liske Clark, 3928 Chelsea Place- support
• Dave Olson, 4234 Kay Avenue- opposed
• Todd Ruhter, 910 E. Oklahoma- support
• Bob Rhodes, 2022 West 15th Street- support
• Brian Whitecalf, 1506 No. St. Paul Road - support
• Gilleramo Pena, 311 East 3rd St. Apt. #18 - support
• Dick Troester, 2110 Topeka Circle - opposed
• Marion Bahensky, 1021 6th Street, St. Paul, NE - support
• Lisa Heineman, 4077 Dack Avenue - support
• Chad Bohling, 4214 W. Capital Avenue - support
Page 4,City Council Regular Meeting,October 9,2012
• Christopher Langenberg, 810 No. Bellevue, Hastings, NE—support
• Peggy Lang, 123 No. Mill Street, Dannebrog, NE—support
• Diane Covey, 4020 Mason Avenue—opposed
• Brandi Weaver, 150 N. Woodland, Hastings,NE—support
• Clint Harders, 619 So. Boston, Hastings, NE—support
• Jeb Wolsleben, 1620 No. Huston Avenue—support
• Lex Ann Roach, 917 West 10th Street—support
• Bruce Eberle 321 Hiawatha—opposed
• Rose Marie Cargill, 3011 Colonial Lane - opposed
Motion by Carney, second by Ramsey to approve Ordinance#9407.
City Attorney Robert Sivick answered questions regarding consequences of violating this
ordinance. He stated there were no consequences. Comments were made that religious
organizations would be exempt. Mr. Sivick clarified state statutes and stated Grand Island had no
protected classes in City Code as Section 11 —Civil Rights was dissolved in 2006.
Motion by Niemann, second by Gericke that this issue be put on the ballot. Upon roll call vote,
Councilmember's Niemann, Ramsey, Gericke, Donaldson and Nickerson voted aye.
Councilmember's Haase, Carney, Gilbert, Minton and Dugan voted no. Mayor chose not to vote.
Motion failed.
Motion by Carney to amend the Ordinance to include Chapter 11 of the City Code with the
addition of sexual orientation. Motion failed due to lack of a second.
Discussion was held regarding what should be brought back to Council regarding other protected
classes and reinstatement of Chapter 11 Civil Rights.
Motion by Donaldson, second by Carney to refer this Ordinance to a Regular Council meeting in
30 days (first meeting in November). Upon roll call vote, Councilmember's Carney, Niemann,
Donaldson, and Minton voted aye. Councilmember's Haase, Ramsey, Gilbert, Nickerson,
Dugan, and Gericke voted no. Motion failed.
City Clerk: Ordinance #9407 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember's Carney and
Donaldson voted aye. Councilmember's Haase, Niemann, Ramsey, Gilbert, Nickerson, Dugan,
Minton, and Gericke voted no. Motion failed.
Council took a recess at 10:37 p.m. and reconvened at 10:47 p.m.
#9402 — Consideration of Assessments for South Locust Business Improvement District
2012
Motion by Dugan, second by Ramsey to approve Ordinance #9402 on second and final reading.
Upon roll call vote, all voted aye. Motion adopted.
Page 5,City Council Regular Meeting,October 9,2012
#9403 — Consideration of Request to Rezone Property Located at 2430 & 2522 Stolley
Park Road and 2433 & 2425 Del Mar Avenue — Hornady Subdivision from R2 Low
Density Residential to RD Residential Development
Discussion was held regarding storm sewer and drainage.
Motion by Ramsey, second by Gericke to approve Ordinance#9403 on second and final reading.
Upon roll call vote, all voted aye. Motion adopted.
#9404 — Consideration of Vacation of a Portion of Del Mar Avenue in Hornady
Subdivision (JEH Holdings, LLC)
#9405 — Consideration of Vacation of a Utility Easement Located in Hornady
Subdivision(JEH Holdings, LLC)
Motion by Dugan, second by Donaldson to approve Ordinances No. #9404 and #9405 on second
and final reading. Upon roll call vote, all voted aye. Motion adopted.
#9406—Consideration of Vacation a Part of Outlot A Lake Heritage Second Subdivision
Regional Planning Director Chad Nabity reported that this property was located east of Blaine
Street and north of Bass Road as part of Lake Heritage Second Subdivision. The owner,
Doralene Niedfelt wished to retain a 22 foot strip of property at the southeast corner of the outlot
and have it included with her adjoining property. In order to join this platted tract to the unplatted
tract it was necessary to vacate a portion of the platted Outlot A.
Motion by Donaldson, second by Dugan to approve Ordinance#9406.
City Clerk: Ordinance #9406 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#9406 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,
Ordinances #9402, #9403, #9404, #9405 and #9406 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Consent Agenda item G-15 was pulled for further discussion. Motion by
Ramsey, second by Haase to approve the Consent Agenda excluding item G-15. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of September 25, 2012 City Council Regular Meeting.
Approving Minutes of October 2, 2012 City Council Study Session.
Approving Re-Appointments of Julie Connelly and Karen Bredthauer to the Regional Planning
Commission Board.
Page 6,City Council Regular Meeting,October 9,2012
#2012-259 — Approving Preliminary and Final Plat and Subdivision Agreement for Hornady
Second Subdivision. It was noted that JEH Holdings, LLC, owners had submitted the
preliminary plat, final plat and subdivision agreement for Hornady Second Subdivision located
north of Stolley Park Road and west of Arthur Street for the purpose of creating 23 lots
containing 7.822 acres.
#2012-280 — Approving Final Plat and Subdivision Agreement for DSK Second Subdivision. It
was noted that Danny Kunze, owner had submitted the final plat and subdivision agreement for
DSK Second Subdivision located north of Bismark Road and south of Stoneridge Path for the
purpose of creating 2 lots containing 3.250 acres.
#2012-281 — Approving Final Plat and Subdivision Agreement for Lake Heritage Third
Subdivision. It was noted that Doralene Niedfelt, owner had submitted the final plat and
subdivision agreement for Lake Heritage Third Subdivision located south of US Hwy 34 and east
of Blaine Street for the purpose of creating 3 lots containing 9.43 acres.
#2012-282—Approving City Council Meeting Schedule for 2013.
#2012-283 — Approving Agreement for Funding with the Crisis Center, Inc. in an Amount of
$2,400.00.
#2012-284 — Approving Agreement for Funding with the Grand Island Area Council for
International Visitors in an Amount of$200.00.
#2012-285 — Approving Agreement for Funding with the Grand Island Hall County Convention
&Visitors Bureau in an Amount of$2,000.00.
#2012-286 — Approving Agreement for Funding with Izaak Walton Kids Fishing Derby in an
Amount of$400.00.
#2012-287—Approving Agreement for Funding with Hope Harbor in an Amount of$900.00.
#2012-288 —Approving Agreement for Funding with the Grand Island Multicultural Coalition in
an Amount of$2,000.00.
#2012-289 — Approving Agreement for Funding with Senior Citizens Industries, Inc. in an
Amount of$3,000.00.
#2012-290 — Approving Agreement for Funding with the Clean Community System in an
Amount of $20,000.00. Greg Eirick, 4051 Palace Drive was present to answer questions. He
commented on the death of Betty Curtis and the work she had done for the Clean Community
System.
Motion by Gilbert, second by Carney to approve Resolution #2012-290. Upon roll call vote, all
voted aye. Motion adopted.
Page 7,City Council Regular Meeting,October 9,2012
#2012-291 — Approving Acquisition of Utility Easement Located by Millard Refrigerated
Services North of the Burlington Northern Tracks, East of North Highway 281 (Grand Island
Area Economic Development Corporation).
#2012-292 — Approving Agreement for Temporary Construction Easements for the Southwest
Outfall Drainage Project No. 2011-D-1.
#2012-293 — Approving Bid Award for Three (3) Multi-Directional Folding Vee Plows for the
Solid Waste Division and Streets Division of the Public Works Department with Murphy Tractor
& Equipment of Grand Island, NE in an Amount of$66,421.00.
#2012-294 — Approving Bid Award for One (1) 81,000 Pound Landfill Compactor for the Solid
Waste Division of the Public Works Department with NMC of Doniphan, NE in an Amount of
$724,833.00.
#2012-295 — Approving Bid Award for One (1) Snow Blower, Front-End Loader Mounted for
the Street Division of the Public Works Department with Nebraska Environmental Products of
Lincoln, NE in an Amount of$95,836.62.
#2012-296 — Approving Supplemental No. 1 for Engineering Consulting Services with The
Schemmer Associates, Inc. Related to State street and Capital Avenue Connector Trail Project.
#2012-297 — Approving Acquisition of Drainage Easement for the Southwest Outfall Drainage
Project No. 2011-D-1 (The Diamond Engineering Co., Clark Gauthier, Carl & Lois Armstrong,
and Kevin & Karen Houtwed).
#2012-298 —Approving Payment to Families and Schools Together of NE Children and Families
Foundation and NE Dept. of Health and Human Services Grants in an Amount fo $18,135.00.
#2012-299 — Approving Payment to Grand Island YMCA for NE Children and Families
Foundation and NE Dept. of Health and Human Services Grants in an Amount of$14,070.27.
RESOLUTIONS:
#2012-300 — Approving Revised MOU with UPRR Regarding a Fence along Railroad Right of
Way. City Attorney Robert Sivick reported that on August 28, 2012 the City Council approved a
Memorandum of Understanding with the Union Pacific Railroad to erect a fence constructed of
aesthetically pleasing ornamental black steel along its tracks in downtown Grand Island from
Burlington Northern tracks west to Broadwell Avenue. The City agreed to maintain the fence.
The revised MOU included no potion of the fence will be chain link.
Motion by Dugan, second by Minton to approve Resolution #2012-300. Upon roll call vote, all
voted aye. Motion adopted.
#2012-301 — Approving Amending Resolution No. 2012-225 — Project Management Fees Only
for the State Street and Capital Avenue Connector Trail Project with Midwest Right of Way
Services. Interim Public Works Director Terry Brown reported that on August 28, 2012 the City
Council approved Resolution No. 2012-225 to provide for appraisal and project management
Page 8,City Council Regular Meeting,October 9,2012
services from Midwest Right of Way Services for the State Street and Capital Avenue Connector
Trail Project. Services included compensation estimates of$2,700.00 and Project Management
fees of $680.00 for a total agreement of $3,380.00. Since the appraisal services were to be
handled by a separate firm, (Capital Appraisal Services) is was appropriate to amend Resolution
No. 2012-250 for a cost of$1,020.00 for the Project Management services with Midwest Right
of Way Services.
Motion by Gericke, second by Donaldson to approve Resolution #2012-301. Upon roll call vote,
all voted aye. Motion adopted.
#2012-302 —Approving Relocation of Memorial Marker and Flagpole to Hall County Veteran's
Park. Parks and Recreation Director Todd McCoy reported that a veteran's citizen group and the
American Legion Post #53 had made a request to remove, refurbish, and relocate the memorial
marker and flagpole from Memorial Park to the Hall County Veterans Memorial Park next to the
VFW at no cost to the City. It was the goal of the group to locate memorials from each war to the
Hall County Veterans Memorial Park so that all veterans could be honored in one convenient
location.
Discussion was held regarding the location of the memorials. Mr. McCoy stated Memorial Park
was owned by the City.
Motion by Carney, second by Niemann to approve Resolution#2012-302. Upon roll call vote, all
voted aye. Motion adopted.
Mayor Vavricek turned the meeting over to Council President Gilbert as he had a conflict of
interest on Resolution#2012-303.
#2012-303 — Consideration of Approving Cable Franchise Agreement with Charter
Communications. City Attorney Robert Sivick reported that an agreement had been negotiated
with Charter Communications for the Cable Franchise Agreement with the City of Grand Island.
The proposed agreement was for a period of fifteen years. It would increase the number of
Public, Educational, and Government (PEG) channels from two to three and sets the PEG fee at
forty cents per subscriber, per month and increases the number of governmental facilities and
schools receiving free cable television service. It also sets the franchise fee for the City at 5%
and strengthens customer service standards for Grand Island citizen subscribers.
Motion by Ramsey, second by Dugan to approve Resolution #2012-303. Upon roll call vote, all
voted aye. Motion adopted.
Mayor Vavricek resumed conducting the meeting.
#2012-304—Consideration of Modifying Language Relative to Residency Requirements for City
Department Directors. City Attorney Robert Sivick reported that at the October 2, 2012 City
Council Study Session he was directed by Council to remove language referring to the City's
zoning jurisdiction from the Director residency requirements as that language existed in no other
provisions related to residency of other City employees.
Page 9,City Council Regular Meeting,October 9,2012
Discussion was held regarding the Senior Leadership Team and consistency within the Personnel
Rules.
Motion by Haase, second by Niemann to approve Resolution#2012-304.
Motion by Haase to amend the motion to change the 12 miles to 0 miles. Motion failed due to
lack of a second
Upon roll call vote of the main motion, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of September 26,
2012 through October 9, 2012, for a total amount of$2,787,857.08. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 11:13 p.m.
POsc---'\)0.9.— GOCti-LOQ.,
RaNae Edwards
City Clerk