07/23/2013 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 23, 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 23, 2013. Notice of the meeting was given in The Grand Island Independent on
July 17, 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, Finance Director Jaye Monter, City Attorney Robert
Sivick and Public Works Director John Collins.
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 Rebecca Riley.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of "You Auto Love It Downtown" Saturday, August 3rd. Mayor Vavricek
recognized the 8th Annual Grand Theatre Custom & Classic Car Show to be held downtown on
Saturday, August 3rd. Craig and Rita Hand were present to receive the recognition certificate and
commented on the car show and the Howard Hand Scholarship Fund.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement — Part of Lot 1, Block 2 Ponderosa Lake
Estates 4th Subdivision (K.C. & Deborah Hehnke). Utilities Director Tim Luchsinger reported
that a utility easement located through part of Lot 1, Block 2 Ponderosa Lake Fourth Subdivision
was needed in order to have access to install, upgrade, maintain, and repair water lines. When
Ponderosa Lake Estates Fourth Subdivision was developed, a water line was installed and turned
over to the City but was not included on the plat. The property had been sold to the Hehnkes. In
order for the City to access the water lines in the easement an appraised price of$1,700.00 had
been accepted by the owners for loss of use of this portion of their property. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 807 West 4th Street (KERJAC,
Inc.) Utilities Director Tim Luchsinger reported that a utility easement located at 807 West 4th
Street next to the alley 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 pad-
mounted three phase transformer to provide electrical service to the new business at this location.
Staff recommended approval. No public testimony was heard.
Page 2,City Council Regular Meeting,July 23,2013
Public Hearing on Acquisition of Public Right-of-Way for the North Interceptor Phase II, Park
B; Sanitary Sewer Project No. 2013-S-4 (Hall County). Public Works Director John Collins
reported that the public right-of-way was needed to accommodate the North Interceptor Phase II,
Park B project located on Capital Avenue from Webb Road to Broadwell Avenue. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II, Part
B; Sanitary Sewer Project No. 2013-S-4 (Hall County). Public Works Director John Collins
reported that acquisition of a public utility easement was needed to allow for the construction,
operation, maintenance, extension, repair, replacement, and removal of public utilities within the
easement to accommodate the North Interceptor Phase II, Park B project located on Capital
Avenue from Webb Road to Broadwell Avenue. Staff recommended approval. No public
testimony was heard.
Public Hearing on Dedication of Street Right-of-Way for the Capital Avenue — Webb Road to
Broadwell Avenue Widening Project (Ashley Park — City of Grand Island). Public Works
Director John Collins reported that the City of Grand Island was dedicating current park property
as street right-of-way to accommodate a widened roadway along Capital Avenue from Webb
Road to Broadwell Avenue and for the North Interceptor Phase II Sanitary Sewer. This area is on
the east side of Broadwell Avenue, north side of Capital Avenue. Staff recommended approval.
No public testimony was heard.
Public Hearing to Approve Authorization to apply for Contract Extension for Disaster Recovery
Grant — Lift Station #7. Community Development Administrator Marco Floreani reported that
the City had been awarded a Disaster Recovery Grant in September 2009 for $803,500.00 plus
$40,175.00 in General Administration for the installation of a sanitary sewer interceptor and
sewer main collection system upgrade— Lift Station #7. The Nebraska Department of Economic
Development awarded an additional $150,616.00 for Disaster Recovery Funding. A contract
extension was need for additional time to fund the necessary site improvement and complete the
infrastructure in the Disaster Recovery Area from July 28, 2013 to August 23, 2013. Staff
recommended approval. No public testimony was heard.
CONSENT AGENDA: Motion by Paulick, second by Nickerson to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
A'proving Minutes of July 8, 2013 City Council Joint Health Meeting.
Approving Minutes of July 9, 2013 City Council Regular Meeting.
Approving Appointment of Justin Oseka and Re-appointments of Todd Enck, Mary Webb and
Brad Kissler to the Building Code Advisory Board.
#2013-229 — Approving Preliminary and Final Plat and Subdivision Agreement for Northview
Ninth Subdivision. It was noted that P.O.G. LLC, Developer/Owner had submitted the
Preliminary and Final Plat and Subdivision Agreement for Northview Ninth Subdivision for the
purpose of creating 10 lots located east of Idaho Avenue and south of US Hwy 2 containing 2.77
acres.
Page 3,City Council Regular Meeting,July 23,2013
#2013-230 — Approving Certificate of Final Completion for City Hall HVAC System with
Honeywell, Inc.
#2013-231 —Approving Acquisition of Utility easement—Part of Lot 1, Block 2 Ponderosa Lake
Estates 4th Subdivision (K.C. & Deborah Hehnke).
#2013-232 — Approving Acquisition of Utility Easement Located at 807 West 4th Street
(KERJAC, Inc.).
#2013-233 — Approving Revision of Connection Fees for Water Main District 398T — North
Road between Potash and Stolley Park Road and Setting Board of Equalization Date for August
13, 2013.
#2013-234—Approving Southwest Power Pool (SPP) Confidentiality Agreement.
#2013-235 — Approving Acquisition of Public Right-of-Way for the North Interceptor Phase II,
Park B; Sanitary Sewer Project No. 2013-S-4 (Hall Count_).
#2013-236 — Approving Acquisition of Public Utility Easement for the North Interceptor Phase
II, Park B; Sanitary Sewer Project No. 2013-S-4 (Hall County).
#2013-237 — Approving Temporary Construction Easement for the North Interceptor Phase II,
Part B; Sanitary sewer Project No. 2013-S-4 (Hall County).
#2013-238 — Approving Bid Award for Downtown Parking Lot Pavement Patching & Crack
Repair; Project No. 2013-PL-1 with J.I.L. Asphalt Paving Co. of Grand Island, NE in an Amount
of$30,844.00.
#2013-239 — Approving Use of Land Owned by the City of Grand Island for Facilities to be
Constructed on the Capital Avenue — Webb Road to Broadwell Avenue Widening Project and
North Interceptor Phase II, Park B; Sanitary Sewer Project No. 2013-S-4.
#2013-240—Approving Dedication of Street Right-of-Way for the Capital Avenue—Webb Road
to Broadwell Avenue Widening Project(Ashley Park—City of Grand Island).
#2013-241 — Approving Change Order No. 1 for 5th Street Sanitary Sewer Improvements;
Project No. 2012-S-3 with Van Kirk Brothers Contracting of Sutton, NE for a Completion Date
of September 30, 2013.
#2013-242 — Approving Change Order No. 4 for Lift Station No. 7 Improvements Project No.
2011-S-1A with The Diamond Engineering Company of Grand Island, NE for an Increase of
$470.00 and a Revised Contract Amount of$485,263.34.
#2013-243 — Approving Leasehold Agreements for the North Interceptor Phase II, Par B;
Sanitary Sewer Project No. 2013-S-4 (United Veterans Club).
Page 4,City Council Regular Meeting,July 23,2013
#2013-244—Approving Change Order No. 1 for Blaine Street Paving; Project No. 2012-P-2 with
Gehring Construction & Ready Mix Co. of Columbus, NE for an Increase of$2,600.00 and a
Revised Contract Amount of$591,129.90.
#2013-245 — Approving Agreement for Engineering Consulting Services Related to Westgate
Road Paving District No. 1261; North Road to Copper Road with Olsson Associates of Grand
Island, NE in an Amount of$71,870.00.
#2013-246—Approving Contract Extension of CDBG Grant 08-DPI-005 Lift Station#7.
REQUESTS.AND REFERRALS:
Consideration of Request from Nebraska State Fair Regarding RV Park Use of Primitive Stalls.
Building Department Director Craig Lewis reported that the Nebraska State Fair had requested
approval of the existing site and existing improvements located at 915 East Fonner Park Road to
be deemed adequate for the purpose of the State Fair. Currently there were 112 RV sites
complete with utility services and concrete pad as required by City Code. There were 40 sites
with utility connections but only rock pads and 59 sites with sewer and water connections but no
electrical connections and no concrete parking pads.
Motion by Minton, second by Niemann to approve the request to modify the conditional use
permit by extending the time frame for completion of the required improved parking pads for the
entire facility by the end of the calendar year 2015 and allow for current and continued use
finding that the proposed use and application promotes the health, safety, and general welfare of
the community, protects property against blight and depreciation, and is generally harmonious
with the surrounding neighborhood.
Comments were made regarding the number of extensions to this Conditional Use Peitnit.
Motion by Gericke, second by Gilbert to amend the motion that there will be no further
extensions. Upon roll call vote, Councilmembers Minton, Paulick, Dugan, Gilbert, Hehnke,
Donaldson, and Niemann voted aye. Councilmembers Gericke and Nickerson voted no. Motion
adopted.
Upon roll call vote of the main motion, all voted aye. Motion adopted.
RESOLUTIONS:
Mayor Vavricek turned the meeting over to Council President Niemann and recused himself
from Resolution #2013-247 due to a conflict of interest which was on file in the City Clerk's
office.
#2013-247 — Approving Advertising Contract with the Grand Island Independent. Human
Resources Director Brenda Sutherland reported that the City had entered into contracts with the
Grand Island Independent for newspaper advertising for all departments. Advertising that fell
under the heading of"legals" was handled separately as that rate was defined by State bid, but
the City was given credit towards its commitment for advertising. By not approving this contract
Page 5,City Council Regular Meeting,July 23,2013
the City would pay nearly double the price the City was currently paying for all advertising with
the exception of legals.
Comments were made regarding the contract commitment costs and the City managing their
advertising costs better.
Motion by Nickerson, second by Gericke to approve Resolution #2013-247. Upon roll call vote,
Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann
voted aye. Councilmember Gericke voted no. Motion adopted.
The meeting was turned over to Mayor Vavricek.
#2013-248 — Consideration of Approving Resolution of Intent to Create Downtown Business
Improvement District 2013. Community Development Administrator Marco Floreani reported
that the next step in the process for creating the Downtown Business Improvement District 2013
was to approve a Resolution of Intent to create the District and setting a hearing to be held on
August 13, 2013.
Motion by Dugan, second by Paulick to approve Resolution #2013-248. Upon roll call vote, all
voted aye. Motion adopted.
#2013-249 — Consideration of Approving Resolution of Intent to Create Second Street Business
Improvement District 2013. Community Development Administrator Marco Floreani reported
that the next step in the process for creating the Second Street Business Improvement District
2013 was to approve a Resolution of Intent to create the District from 2nd and Eddy Streets to 2nd
and Broadwell Streets and setting a hearing to be held on August 13, 2013.
Motion by Dugan, second by Paulick to approve Resolution #2013-249. Upon roll call vote, all
voted aye. Motion adopted.
#2013-250 — Consideration of Approving Resolution of Intent to Create Fonner Park Business
Improvement District 2013. Community Development Administrator Marco Floreani reported
that the next step in the process for creating the Fonner Park Business Improvement District
2013 was to approve a Resolution of Intent to create the District on South Locust Street from
Stolley Park Road to Fonner Park Road and setting a hearing to be held on August 13, 2013.
Motion by Dugan, second by Paulick to approve Resolution #2013-250. Upon roll call vote, all
voted aye. Motion adopted.
#2013-251 — Consideration of Approving Resolution of Intent to Create South Locust Street
Business Improvement District 2013. Community Development Administrator Marco Floreani
reported that the next step in the process for creating the South Locust Street Business
Improvement District 2013 was to approve a Resolution of Intent to create the District from
Stolley Park Road to Highway 34 and setting a hearing to be held on August 13, 2013.
Motion by Dugan, second by Paulick to approve Resolution #2013-251. Upon roll call vote, all
voted aye. Motion adopted.
Page 6,City Council Regular Meeting,July 23,2013
#2013-252 — Approving Acceptance of Grand Island as U.S. Dept. of Housing and Urban
Development Entitlement Grantee. Community Development Administrator Marco Floreani
reported that as a Metropolitan Statistical Area, Grand Island had the opportunity to accept the
status as an entitlement grantee for the 2015 fiscal year or defer status under the U.S. Department
of Housing and Urban Development's (HUD) Community Development Block Grant Program
(CDBG). HUD's 2014 entitlement funding estimate for Grand Island was $366,214.00 and does
not require a local match.
Questioned was the process of grant applications and if they would come before the City Council
for approval. Mr. Floreani stated that all grants would have a Public Hearing and that Council
would have final approval.
Motion by Dugan, second by Minton to approve Resolution #2013-252. 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 July 10, 2013
through July 23, 2013, for a total amount of$4,165,596.50. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Dugan to adjourn to
Executive Session at 7:57 p.m. for the purpose of a strategy session with respect to pending
litigation. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Hehnke, second by Donaldson to return to
Regular Session at 8:34 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:34 p.m.
P0,,c--"
a„._ ...1).,..,0. fp.._
RaNae Edwards
City Clerk