07/09/2013 Minutes CITY OF GRAND ISLAND,NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 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 July 9, 2013. Notice of the meeting was given in The Grand Island Independent on
July 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, Chuck Haase, Julie Hehnke, Mitch
Nickerson, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. Councilmember Peg
Gilbert was absent. The following City Officials were present: City Administrator Mary Lou
Brown, City Clerk RaNae Edwards, Finance Director Jaye Monter, and Public Works Director
John Collins.
INVOCATION was given by Pastor Mark Oberbeck, Northridge Assembly of God, 3025
Independence Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Allie Richardson and Board
member Maria Lopez.
CONSENT AGENDA: Consent Agenda items G-4, G-7, G-8, and G-11 were removed for
further discussion. Motion by Donaldson, second by Niemann to approve the Consent Agenda
excluding items G-4, G-7, G-8, and G-11. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of June 21, 2013 City Council Special Meeting.
Approving Minutes of June 25, 2013 City Council Regular Meeting.
#2013-214 — Approving Bid Award for Stagecoach Detention Cell Improvement Project No.
2013-D-1 with Hooker Brothers Construction Co. of Grand Island, NE in an Amount of
$112,544.70.
#2013-215 — Approving Bid Award for Grand Generation Center Paving Project No. 2013-P-5
with The Diamond Engineering Company of Grand Island, NE in an Amount of $39,977.58.
Public Works Director John Collins reported that one bid was received with the exception to the
September 10, 2013 completion date. Due to the busy construction season The Diamond
Engineering Co. based their bid on a May 1, 2014 completion date.
Comments were made by Council regarding the importance of this project and the concern of the
later completion date. Questioned was whether the Streets Department could do this work instead
of contracting it out. Mr. Collins stated the Streets Department could do this project but other
projects would have to wait. He stated this was a Building Department project and he would
need a directive to move staff from streets to do a building project.
Discussion was held concerning federal funding for projects and taking Public Work employees
away from other jobs. Mr. Collins stated there were no federal funds for this project. A lengthy
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discussion was held regarding the timeline the contractor could finish this project. Comments
were made in favor of the Streets Department to complete this work in this construction season.
Cost of the project was mentioned and which department would be responsible. Mr. Collins
stated Public Works had been approved to pay for this project and it would be paid from the
2012/2013 budget.
Motion by Nickerson, second by Haase to approve Resolution#2013-215. Upon roll call vote, all
voted no. Motion failed.
Motion by Gericke, second by Niemann to direct Public Works to complete the work for the
Grand Generation Center Paving Project No. 2013-P-5. Upon roll call vote, all voted aye. Motion
adopted.
#2013-216 — Approving Bid Award for Fire Station No. 4 (3690 West State Street ) and No. 3
(2310 South Webb Road) Concrete Pavement Replacement — 2013 with The Diamond
Engineering Company of Grand Island, NE in an Amount of$99,804.00.
#2013-217 — Approving Resolution Directing Property Owner to Repair Sidewalk at 1141
Pleasant View Drive.
#2013-218 — Approving Summerfield 8th Subdivision Paving Agreement with Little B's
Corporation. Mr. Collins reported that in association with the street paving for Summerfield
Estates 8th Subdivision there were two City projects that could be completed; construction of a
headwall for the drainage ditch and a connection to the state Street hike/bike trail. The Developer
had agreed to complete these two projects jointly with the street paving, with reimbursement
being made to the Developer by the City.
Motion by Dugan, second by Haase to approve Resolution #2013-218. Upon roll call vote, all
voted aye. Motion adopted.
#2013-219 — Approving Agreement with IMS Infrastructure Management Services, LLC of
Tempe, AZ for Pavement Management Services not-to-exceed $137,150.00. Mr. Collins
reported that Pavement Management System was a set of tools and methods that assisted
decision makers in finding optimum strategies for providing and maintaining pavements in an
acceptable, serviceable condition over a given time period. This system would assist in making
decisions to implement the right maintenance activities at the right times and would be less labor
intensive and cost effective.
Mentioned was the importance of technical data that would be collected for a cost saving to the
City. Explained was the process of how this worked.
Motion by Nickerson, second by Dugan to approve Resolution #2013-219. Upon roll call vote,
all voted aye. Motion adopted.
#2103-220 — Approving Change Orders Nos. 2 & 3 for Lift Station No. 7 Improvements Project
No. 2011-S-1A for a decrease of$3,336.89 and a Revised Contract Amount of$484,793.34.
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#2013-220 — Approving Certificate of Final Completion for Lift Station No. 7 Repairs — Project
2011-S-1 with Midland Contracting, Inc. of Kearney, NE.
The meeting was turned over to Council President Niemann due to Mayor Vavricek having a
conflict of interest on Resolution#2013-222.
#2013-222 — Approving Advertising Contract with the Grand Island Independent. Human
Resources Director Brenda Sutherland reported this was a renewal contract to cover advertising
for all departments in the City. Advertising that falls under the heading of"legals" was handled
separately as the rate was defined by State Statutes. Last year's contract was for $30,000 which
the City had exceeded. To take advantage of the best pricing possible, it was proposed to
increase that amount to $40,000 for the current year. Explained was the rate structure.
Discussion was held regarding the cost set by state statute. Managing volume of advertising was
encouraged.
Motion by Donaldson, second by Gericke to approve Resolution #2013-222. Upon roll call vote,
Councilmembers Minton, Gericke, Nickerson, Donaldson, and Niemann voted aye.
Councilmembers Paulick, Dugan, Hehnke, and Haase voted no. Motion failed. Since the Mayor
had recused himself his vote could not be cast.
#2013-223 —Approving Purchase of 2014 Smeal Fire Pumper Truck from Smeal Fire Apparatus
of Snyder,NE in an Amount of$490,591.75.
#2013-224 — Approving Bid Award for 2014 Complete Hook Lift Truck with Flatbed (Unit
#1565)—Line Division from Hansen International Truck, Inc. of Grand Island,NE in an Amount
of$110,096.00.
#2013-225 — Approving Certificate of Final Completion for Water Main Project 2013-W-1 —
Clark Street at the Union Pacific Railroad Tracks with Van Kirk Brothers Contracting of Sutton,
NE.
RESOLUTIONS:
#2013-226 — Consideration of Approving Contract with Mid-Plains Power, LLC for Installation
of the Grand Island Third and Wheeler Historical Lighting Improvements Project. Public Works
Director John Collins reported that Federal-aid Transportation Enhancement (TE) funds were
providing 80% funding for the construction of 21 Historical Street Lights near the Kaufmann
Park at 3rd Street and Wheeler Avenue. 20% would be matched by the Downtown Business
Improvement District.
Motion by Minton, second by Gericke to approve Resolution #2013-226. Upon roll call vote, all
voted aye. Motion adopted.
#2013-227 — Consideration of Approving Contract for Utility Billing Customer Information
System. Finance Director Jaye Monter reported that the current Utility billing system which
included Electric, Water, Sewer and Backflow billing and collections was 33 years old. In
September, 2012 Request for Proposals were issued for third party software in which twelve
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proposals were received and reviewed. Staff recommended approval of the contract with N.
Harris Computer Corporation in an amount of$932,500.00.
Discussion was held regarding costs for support maintenance fees, hidden costs such as computer
equipment, servicer and hardware. Ms. Monter stated less than $10,000 would be needed for
hardware. Mentioned was that this was a 14 month project and money would come out of this
year's budget and next year's budget.
Motion by Haase, second by Dugan to approve Resolution #2013-227. Upon roll call vote, all
voted aye. Motion adopted.
#2013-228 — Consideration of Removal of City Attorney. Mayor Vavricek reported that on June
11, 2013 and June 25, 2013 Resolutions were approved by Council directing the removal of sign
violations. Explained was City Code §2-30 terms of employment for the statutory positions and
the authority of the Mayor with Council approval to terminate employment. Mayor Vavricek
stated he and the City Administrator's duties were to carry out direction of the City Council.
The following people spoke:
• Bob Sivick, 1119 So. Eddy Street
• Marian Bahensky, 1021 6th Street, St. Paul,NE
• Lewis Kent, 624 Meves Avenue
• John Folsom, 1504 West 2nd Street
• Paul Wicht, 1708 Jerry Drive
Steve Mossman, Attorney retained by Mayor Vavricek was also present.
Motion by Dugan, second by Niemann to approve Resolution#2013-228.
Discussion was held regarding Council's request to seek a court order to remove signs and the
City Attorney refusing to do that. Comments were made by Council that a policy had been set by
Council and had not been carried out. Mentioned was that this was a management problem.
Human Resources Director Brenda Sutherland explained the personnel rights of the five statutory
positions. These positions were at-will positions and could be terminated by the Mayor with
Council approval.
City Administrator Mary Lou Brown stated she had met with Mr. Sivick three times since the
June 27th meeting and that Mr. Sivick stated he would not go forward with filing the court
documents.
Motion by Nickerson, second by Haase to give Mr. Sivick 48 hours to file the paperwork with
the Court regarding the signs. Upon roll call vote, Councilmembers Paulick, Gericke, Nickerson,
Hehnke, and Haase voted aye. Councilmembers Minton, Dugan, Donaldson, and Niemann voted
no. Mayor Vavricek voted no. Motion failed.
Comments were made regarding the breakdown of the relationship between the Mayor, City
Council, and City Attorney and that there were more issues than just the sign issue.
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Motion by Donaldson, second by Dugan to go into Executive Session for the protection of the
public interest or the prevention of needless injury to the reputation of an individual and if such
individual has not requested a public meeting. Mr. Sivick requested this matter be held in public.
Upon roll call vote of the main motion, Councilmembers Minton, Dugan, Donaldson, and
Niemann voted aye. Councilmembers Paulick, Gericke, Nickerson, Hehnke, and Haase voted no.
Motion failed.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Paulick to approve the Claims for the period of June 26, 2013
through July 9, 2013, for a total amount of$4,301,109.72. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Dugan, second by Niemann to adjourn to
Executive Session at 10:03 p.m. for the purpose of a strategy session with respect to collective
bargaining with the Fraternal Order of Police (FOP) Lodge No. 24. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Dugan, second by Paulick to return to Regular
Session at 10:42 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:42 p.m.
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RaNae Edwards
City Clerk