04/09/2013 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 9, 2013
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 April 9, 2013. Notice of the meeting was given in The Grand Island Independent on
April 3, 2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Bob Niemann, Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson,
Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. 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 Rene Lopez, Iglesia de Dios, 2325 West State Street
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Miranda Wieczorek and board
member Maria Lopez.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of the Donald Jelinek, Senior Engineering Technician with the Utilities Department
for 40 Years with the City of Grand Island. The Mayor and City Council recognized Donald
Jelinek for 40 Years of service with the city as a Senior Engineering Technician with the Utilities
Department. Utilities Director Tim Luchsinger said a few works regarding Mr. Jelinek's service.
Mr. Jelinek was present for the recognition.
Proclamation "Equal Pay Day" April 9, 2013. Mayor Vavricek proclaimed April 9, 2013 as
"Equal Pay Day".
Proclamation `Be Kind to Animals Week" May 4-11, 2013. Mayor Vavricek proclaimed the
week of May 4-11, 2013 as `Be Kind to Animals Week". Curt Ratliff, Laurie Dethloff, and Anita
Kreifels with the Central NE Humane Society were present to receive the Proclamation.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 3524 Farmstead Road (Oseka
Homes, LLC). Utilities Director Tim Luchsinger reported that a utility easement located at 3524
Farmstead 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 a single phase
pad-mounted transformer to provide electrical service to a new home being constructed on the
property. Staff recommended approval. No public testimony was heard.
Page 2,City Council Regular Meeting,April 9,2013
RESOLUTIONS:
#2013-105 — Consideration of Approving FTE Amendment for the Wastewater Treatment Plant.
Public Works Director John Collins stated the memo in the council packet had an error on the
wages but the Ordinance had the correct amounts.
Marvin Strong, Wastewater Plant Engineer gave a PowerPoint presentation. Mr. Strong reported
that the FTE Amendment would allow the addition of a Wastewater Project Manager and a
Wastewater Regulatory Compliance Manager to replace the elimination of the Wastewater
Engineering/Operations Superintendent, Wastewater Process Supervisor, and Wastewater
Equipment Operator.
Paul Wicht, 1708 Jerry Drive spoke in opposition. Comments were made regarding the changes
made over the past few months and the improvements being made at the Wastewater Treatment
Plant. Mentioned was that qualified staff was important.
Motion by Dugan, second by Nickerson to approve Resolution #2013-105. Upon roll call vote,
all voted aye. Motion adopted.
#2013-106 — Consideration of Approving FTE Amendment for the Fire Department. Fire Chief
Cory Schmidt gave a PowerPoint presentation and recommended the reclassification of three
captain positions to three shift commander positions, eliminate one division chief position, and
add one life safety inspector position.
Discussion was held concerning the number of days the Captains were off, the number of
Captains at each station, and the number of vacancies currently. Chief Schmidt stated they were
down three positions. He explained vacation time, inspections, and shift commander duties.
Motion by Donaldson, second by Niemann to approve Resolution #2013-106. Upon roll call
vote, all voted aye. Motion adopted.
ORDINANCE:
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinance numbered:
#9424—Consideration of Amending Salary Ordinance
be considered for passage on the same day upon reading by number only and that the City Clerk
be pemiitted to call out the number of this ordinance 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 seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Human Resources Director Brenda Sutherland reported Ordinance #9424 was the action item for
Resolutions #2013-105 and #2013-106. Discussion was held regarding the non-union positions
for the Fire Department. Ms. Sutherland stated a survey for non-union employees would be
conducted this year.
Page 3,City Council Regular Meeting,April 9,2013
Motion by Dugan, second by Minton to approve Ordinance#9424.
City Clerk: Ordinance #9424 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#9424 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#9424 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda items G-2, G-6, and G-15 were removed for further
discussion. Motion by Donaldson, second by Niemann to approve the Consent Agenda excluding
items G-2, G-6, and G-15. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March, 26, 2013 City Council Regular Meeting.
Approving A•pointment of Mitchell Stehlik to the Community Development Advisory Board.
Mr. Stehlik introduced himself and asked for councils approval.
Motion by Gilbert, second by Nickerson to approve the appointment of Mithcell Stehlik to the
Community Development Advisory Board. Upon roll call vote, all voted aye. Motion adopted.
#2013-92 —Approving Acquisition of Utility Easement Located at 3524 Farmstead Road (Oseka
Homes, LLC).
#2013-93 — Approving Bid Award for Burdick Units 1 & 3 Battery System Replacements with
Storage Battery Systems, Inc. of Menomonee Falls, WI in an Amount of$64,509.64.
#2013-94 — Approving Bid Award for Feedwater Heater #5 Installation at Platte Generating
Station with Hayes Mechanical of Omaha, NE in an Amount of$84,150.00.
#2013-95 — Approving Purchase of Dell Tablets for Patrol Fleet from State Contract in an
Amount of$49,791.76. Police Chief Steve Lamken answered questions regarding the state bid
contract. Mr. Sivick explained the state bid process.
Motion by Gericke, second by Minton to approve Resolution #2013-95. Upon roll call vote, all
voted aye. Motion adopted.
#2013-96—Approving 2013 VOCA Victim/Witness Grant Application.
#2013-97 — Approving Bid Award for Root Foaming Chemical for Sewer Infrastructure within
the Public Works Department with Nebraska Environmental Products of Lincoln, NE in an
Amount not-to-exceed $25,000.00.
#2013-98 — Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2013
with OK Paving of Hordville, NE in an Amount of$834,960.00.
Page 4,City Council Regular Meeting,April 9,2013
#2013-99 —Approving Bid Award for One (1) New Asphalt Reclaiming/Trenching Machine for
the Streets Division of the Public Works Department with Asphalt Zipper, Inc. of American
Fork, UT in an Amount of$103,490.00 under a Lease Agreement.
#2013-100—Approving Bid Award for Hot-Mix Asphalt for 2013 with J.I.L. Asphalt Paving Co.
of Grand Island, NE in an Amount of: $48.20 per ton for Type "A"; $38.55 per ton for Type "B";
$48.40 per ton for Type "C"; $50.40 per ton for Type "SPL-A"; $51.15 per ton for Type "SPL-
B"; and $45.65 per ton for Type SPR".
#2013-101 — Approving Bid Award for Concrete Ready-Mix for 2013 with Gerhold Concrete
Co., Inc. of Grand Island, NE in an Amount of$81.00 per cubic yard - estimated at $121,500.00.
#2013-102 —Approving Bid Award for One (1) 70' Heavy Duty Truck Scale for the Solid Waste
Division of the Public Works Department with Central Scale & Material Handling of Omaha,
NE in an Amount of$40,300.00.
#2013-103 — Approving Amendment No. 3 for Engineering Services for Aeration Basin
Improvements at the Wastewater Treatment Plant with Black & Veatch Corporation of Kansas
City, MO in an Amount of$49,516.00.
#2013-104 — Approving Renewal of Leases at Former Cornhusker Army Ammunition Plant for
Storage Buildings with Jerry Harders in an Amount of$925.00 per year for two years and the
Nebraska State Patrol in an Amount of $765.00 per year for two years. Parks and Recreation
Director Todd McCoy answered questions regarding the lease amount, reimbursement of
property insurance, and signature on the contract.
Motion by Donaldson, second by Gilbert to approve Resolution #2013-104. Upon roll call vote,
all voted aye. Motion adopted.
RESOLUTIONS:
#2013-107—Consideration of Approving Continuation of Street Improvement District No. 1260;
South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks.
Public Works Director John Collins reported that Street Improvement District No. 1260 was
created by Council on February 12, 2013. The 20-day protest period ended on March 11, 2013
with less than 50% protests. Funding/bonding options were presented along with the six month
actuals and year end forecast for the 2012-2013 Capital Improvement Projects 400 Fund.
Discussion was held regarding bonding and the cost to the City. Finance Director Jaye Monter
explained the bonding process. In order to move the project forward the city would need to either
bond or use cash reserves. Assessments were explained. Mr. Collins commented on the urgency
of this project. Public Works Project Manager Terry Brown answered questions regarding the
protests - 38% protested against the district. Mentioned was the city owned a large part of the
property in the district.
Motion by Gilbert, second by Gericke to approve Resolution #2013-107. Upon roll call vote, all
voted aye. Motion adopted.
Page 5,City Council Regular Meeting,April 9,2013
Mayor Vavricek turned the meeting over to City Attorney Robert Sivick and recused himself
from the meeting at 8:55 p.m.
#2013-108 — Consideration of Setting Hearing Date for Removal of Elected Official Pursuant to
Code Section 2-24. City Attorney Robert Sivick reported that on Friday, April 5, 2013
Councilmember Mike Paulick filed misconduct charges against Mayor Vavricek according to
City Code Section 2-24 for an incident of driving under the influence of alcohol. Mr. Sivick
stated the next step in the process was to set a hearing date.
The following people spoke in opposition of Resolution#2013-108:
• Ken Gnadt, 1610 Gretchen Avenue
• Margaret Hornady, 2708 Arrowhead Road
• Gene Dominick, 221 East 1st Street
• Steve Mossman, Lincoln, NE - Attorney representing Mayor Vavricek,
• Ken Staab, 3143 Briarwood Blvd.
• Wendy McCarty, 2215 Del Mar Avenue
• Herb Worthington, 4262 Pennsylvania Avenue
• Clarence Stephens, 515 E. Division Street
• Glen Wilson, 3103 Brentwood Circle
• William Kelly, Attorney for the Mayor
• Jim Reed, 2511 Lakewood Drive
• Tom Pirnie, 919 E. Phoenix Avenue
• Mark Galvan, 584 East 20th Street
• Gayle Bonnes, 812 Redwood Road
• Tom O'Neill, 2017 Barbara Avenue
• Max Mader, 3850 No. Webb Road
• Jacinto Corona, 119 East 18th Street
• Jeff Vinson, 1527 Stagecoach Road
• Tom Osterbuhr, 2511 Mill River Road
• Greg Baxter, 2121 No. Monitor Road
• Connie Wilson, 3103 Brentwood Circle
• Libby Mader, 3850 No. Webb Road
• Gary Quandt, 609 West 14th Street
The following people spoke in support of Resolution#2013-108:
• Jeb Wolsleben, 715 Box Butte Avenue, Alliance, NE
• Paul Wicht, 1708 Jerry Drive
Council took a break at 10:10 p.m. and reconvened at 10:20 p.m.
The following people spoke regarding Resolution#2013-108:
• Grady Erickson, 1405 West Koenig Street—support
• Ken Gnadt, 1610 Gretchen Avenue—opposed
• Jan Vavricek, 2729 Brentwood Blvd. - opposed
Page 6,City Council Regular Meeting,April 9,2013
Council President Niemann recused himself and turned the meeting over to Councilmember
Gilbert.
A lengthy discussion was held by Council concerning the misconduct charges. Comments were
made regarding separating emotion from the law, doing what's right and figuring out the cost
later, does the accusation rise to the level of City Code Section 2-24, would it hold up in court
and could the Mayor get a fair hearing before the Council. Mentioned was that an elected official
was held to a higher standard similar to the US Constitution.
Several Councilmembers commented on the number of calls they received, both in support and
against the Mayor and the distraction, negativity, and embarrassment this incident had caused the
city. Past issues were brought up and the turmoil the city had been in for the last two years.
Mentioned was the right to vote, if citizens didn't like what the Mayor was doing they could file
a petition for a re-call election. A couple councilmembers had asked the Mayor in private if he
had considered resigning. He didn't agree with that option.
Comments were made that nothing good would come of this for anybody in the city and no one
wins in this situation. Council wanted to move forward and do what was best for the community.
Motion by Paulick, second by Gericke to approve Resolution #2013-108. Upon roll call vote,
Councilmembers Paulick, Gericke, and Hehnke voted aye. Councilmembers Minton, Dugan,
Gilbert, Nickerson, and Donaldson voted no. Motion failed.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of March 27, 2013
through April 9, 2013, for a total amount of$2,346,079.09. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Paulick, second by Dugan to adjourn to
Executive Session at 11:13 p.m. for the purpose of a strategy session with respect to pending and
threatened litigation. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Donaldson to return to
Regular Session at 11:23 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 11:23 p.m.
pac-Th 4s._
RaNae Edwards
City Clerk