08/27/2013 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
August 27, 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 August 27, 2013. Notice of the meeting was given in The Grand Island Independent
on August 21, 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, City Treasurer and Finance Director Jaye Monter, City
Attorney Robert Sivick and Street Superintendent Shannon Callahan.
INVOCATION was given by Pastor Dan O'Neill, Abundant Life Christian Center, 3411 West
Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #3, 2511
N. Diers Avenue for a Class "D" Liquor License. City Clerk RaNae Edwards reported that an
application for a Class "D" Liquor License had been received from Bosselman Pump & Pantry,
Inc. dba Pump & Pantry #3, 2511 N. Diers Avenue. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on August 8, 2013; notice to the general public of date, time, and place of hearing
published on August 17, 2013; notice to the applicant of date, time, and place of hearing mailed
on August 8, 2013; along with Chapter 4 of the City Code. Staff recommended approval. No
public testimony was heard.
Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #6, 3355
West Stolley Park Road for a Class "D" Liquor License. City Clerk RaNae Edwards reported
that an application for a Class "D" Liquor License had been received from Bosselman Pump &
Pantry, Inc. dba Pump & Pantry #6, 3355 West Stolley Park Road. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on August 8, 2013; notice to the general public of date, time, and place of
hearing published on August 17, 2013; notice to the applicant of date, time, and place of hearing
mailed on August 8, 2013; along with Chapter 4 of the City Code. Staff recommended approval.
No public testimony was heard.
Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry#10, 3212
South Locust Street for a Class "D" Liquor License. City Clerk RaNae Edwards reported that an
application for a Class "D" Liquor License had been received from Bosselman Pump & Pantry,
Inc. dba Pump & Pantry #10, 3212 South Locust Street. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on August 8, 2013; notice to the general public of date, time, and place of hearing
published on August 17, 2013; notice to the applicant of date, time, and place of hearing mailed
Page 2,City Council Regular Meeting,August 27,2013
on August 8, 2013; along with Chapter 4 of the City Code. Staff recommended approval. No
public testimony was heard.
Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry#15, 2028
E. Highway 30 for a Class "D" Liquor License. City Clerk RaNae Edwards reported that an
application for a Class "D" Liquor License had been received from Bosselman Pump & Pantry,
Inc. dba Pump & Pantry #15, 2028 E. Highway 30. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on August 8, 2013; notice to the general public of date, time, and place of hearing
published on August 17, 2013; notice to the applicant of date, time, and place of hearing mailed
on August 8, 2013; along with Chapter 4 of the City Code. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located on Lots 1 through 26 — Westwood
Park 12th Subdivision (Curt L. Ratliff). Utilities Director Tim Luchsinger reported that a utility
easement located on Lots 1 through 26 along Redwood Road and Westwood Circle was needed
in order to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers. The purpose was to allow for separate easements serving the 26 lots of
Westwood Park Twelfth Subdivision to locate electric transformers, cable, and other
appurtenances. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located between Webb Road and U.S. Hwy.
281, North of Stolley Park Road (Dinsy, L.L.C.). Utilities Director Tim Luchsinger reported that
a utility easement located through a part of Lot One (1) and Lot Two (2) Dinsdale Subdivision
between Webb Road and U.S. Hwy 281, north of 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 providing a looped feed for electrical service to the new Dinsdale
GMC building and underground for the existing building. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1612 S. Webb Road (Mead
Building Centers of Grand Island Real Estate, L.L.C.). Utilities Director Tim Luchsinger
reported that a utility easement located at 1612 S. Webb Road was needed in order to have
access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers for the purpose of underground power lines and public water main to serve the
Mead Lumber Center at 1612 S. Webb Road and the new Dinsdale Autoplex at 1706 S. Webb
Road. Staff recommended approval. No public testimony was heard.
Public Hearing on Property Sales and Acquisitions in the Sterling Estates Fourth Subdivision.
Regional Planning Director Chad Nabity reported that the City owned 6.75 acres of ground for a
park within the area to be developed as the Sterling Estates Subdivision south of Capital Avenue
and west of the Moore's Creek Drainway. The owners of Sterling Estates Fourth Subdivision
requested an exchange of a 10 foot wide strip along the south side for a 10 foot wide strip along
the north side. Staff recommended approval. No public testimony was heard.
Public Hearing on Annexation of Property Located at the Corner of W. Phoenix Street and
Lincoln Avenue (Clark Gauthier). Regional Planning Director Chad Nabity reported that Clark
Gauthier, owner of property located at 1104 W. Phoenix Street had submitted a petition to the
Page 3,City Council Regular Meeting,August 27,2013
Hall County Board of Supervisors requesting that this property be removed from the County
Industrial Tract. The County Board approved his request on July 16, 2013. Mr. Gauthier
requested that the City annex this property into the City of Grand Island. Staff recommended
approval. No public testimony was heard.
ORDINANCES:
Councilmember Niemann moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9440 — Consideration of Sale of Real Estate to Neidfelt Property Management, LLC
(Tract A)
#9441 — Consideration of Acquisition of Real Estate from Neidfelt Property
Management, LLC (Tract B)
#9442 — Consideration of Acquisition of Real Estate from Neidfelt Property
Management, LLC (Tract C)
9443 — Consideration of Sale of Real Estate to Neidfelt Property Management, LLC
(Tract D)
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.
These items related to the aforementioned Public Hearings.
Motion by Donaldson, second by Dugan to approve Ordinances #9440, #9441, #9442, and
#9443.
City Clerk: Ordinances #9440, #9441, #9442, and #9443 on first reading. All those in favor of
the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all
voted aye. Motion adopted.
City Clerk: Ordinances #9440, #9441, #9442, and #9443 on final passage. All those in favor of
the passage of these ordinances 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 #9440, #9441, #9442, and #9443 are declared to be lawfully adopted upon
publication as required by law.
#9444 — Consideration of Annexation of Property Located at the Corner of W. Phoenix
Street and Lincoln Avenue(Clark Gauthier)
This item related to the aforementioned Public Hearing.
Page 4,City Council Regular Meeting,August 27,2013
Motion by Dugan, second by Paulick to approve Ordinance #9444 on first reading only. Upon
roll call vote, all voted aye. Motion adopted.
CONSENT AGENDA: Consent Agenda item G-18 was pulled for further discussion. Motion by
Donaldson, second by Minton to approve the Consent Agenda excluding item G-18. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of August 8, 2013 City Council Study Session.
Approving Minutes of August 13, 2013 City Council Regular Meeting.
Approving Minutes of August 13, 2013 City Council Study Session.
Approving Minutes of August 15, 2013 City Council Special Meeting.
Approving Minutes of August 20, 2013 City Council Study Session.
A.proving Minutes of August 20, 2013 City Council Special Meeting.
#2013-274 — Approving Exchange of Property with Neidfelt Property Management, LLC of
Tract A for Tract B and Tract D for Tract C in the Sterling Estates Fourth Subdivision.
#2013-275 — Approving Acquisition of Utility Easement 0 Lots 1 through 26, Westwood Park
12th Subdivision (Curt L. Ratliff).
#2013-276 — Approving Acquisition of Utility Easement — Part of Lot One and Lot Two.,
Dinsdale Sudivision Located between Webb Road and U.S. Hwy. 281, North of Stolley Park
Road(Dinsy, L.L.C.).
#2013-277 — Approving Acquisition of Utility Easement Located at 1612 S. Webb Road (Mead
Building Center).
#2013-278 — Approving Certificate of Final Completion for Downtown Parking Lot Pavement
Patching & crack Repair; Project No. 2013-PL-1 with J.I.L. Asphalt Paving Co. of Grand Island.,
NE.
#2013-279 — Approving Agreement with Olsson Associates, Inc. of Grand Island, NE for
Construction Engineering Services for the Third and Wheeler Historical Lighting Project.
#2013-280 — Approving Change Order No. 5 for Lift Station No. 7 Improvements; Project No.
2011-S-1 A with The Diamond Engineering Company of Grand Island, NE for a final completion
date of August 23, 2013.
#2013-281 — Approving Certificate of Final Completion for Lift Station No. 7 Improvements;
Project 2011-S-1A with The Diamond Engineering Company of Grand Island, NE.
Page 5,City Council Regular Meeting,August 27,2013
#2013-282 — Approving Change Order No. 2 for 5th Street Sanitary Sewer Improvements;
Project No. 2012-S-3 with The Van Kirk Brothers Contracting of Sutton, NE for a Reduction of
$162,005.32 and a Revised Contract Amount of$1,572,100.61.
#2013-283 — Approving Certificate of Final Completion for 5th Street Sanitary Sewer
Improvements; Project No. 2012-S-3 with The Van Kirk Brothers Contracting of Sutton, NE.
#2013-284 — Approving Forgiving Loan to Grand Island Skeet and Sporting Clay Club in an
Amount of$10,000.00.
#2013-285 — Approving Annual Agreement for Financial Software Licensing and Support with
Tyler Technologies, Inc. in an Amount of$138,272.24. Finance Director Jaye Monter reported
this was the annual agreement for the City's financial software which had been in place since
2001. Councilmember Haase commented on the cost and suggested bidding for a multiple year
agreement.
Motion by Haase, second by Nickerson to approve Resolution#2013-285. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Forwarding Blighted and Substandard Area #14 Study to the Hall County
Regional Planning Commission. Regional Planning Director Chad Nabity reported that a
Substandard and Blight Study for approximately 6.82 acres located in north central Grand Island
between 13th Street and Faidley Avenue east of Webb Road had been received from Scott Rief.
This was a micro-blight study for a small area that Mr. Rief intended to redevelop if the area
could be declared blighted and substandard. Staff recommended forwarding to the Regional
Planning Commission. Ron Depue, 308 N Locust Street spoke in support.
Motion by Haase, second by Paulick to approve forwarding Blighted and Substandard Area #14
Study to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
RESOLUTIONS:
#2013-286—Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump &Pantry
#3, 2511 N. Diers Avenue for a Class "D" Liquor License and Liquor Manager Designation for
Brian Fausch, 2009 W Hwy 34. This item related to the aforementioned Public Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2013-286. Upon roll call vote,
all voted aye. Motion adopted.
#2013-287—Consideration of Request from Bosselman Pump &Pantry, Inc. dba Pump &Pantry
#6, 3355 West Stolley Park Road for a Class "D" Liquor License and Liquor Manager
Designation for Brian Fausch, 2009 W Hwy 34. This item related to the aforementioned Public
Hearing.
Page 6,City Council Regular Meeting,August 27,2013
Motion by Donaldson, second by Gericke to approve Resolution #2013-287. Upon roll call vote,
all voted aye. Motion adopted.
#2013-288 —Consideration of Request from Bosselman Pump &Pantry, Inc. dba Pump &Pantry
#10, 3212 South Locust Street for a Class "D" Liquor License and Liquor Manager Designation
for Brian Fausch, 2009 W Hwy 34. This item related to the aforementioned Public Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2013-288. Upon roll call vote,
all voted aye. Motion adopted.
#2013-289—Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry
#15, 2028 E. Highway 30 for a Class "D" Liquor License and Liquor Manager Designation for
Brian Fausch, 2009 W Hwy 34. This item related to the aforementioned Public Hearing.
Motion by Donaldson, second by Gericke to approve Resolution #2013-289. Upon roll call vote,
all voted aye. Motion adopted.
#2013-290 — Consideration of Approving Interlocal Agreement with Hall County Regarding
Transit Services. Regional Planning Director Chad Nabity reported that the City of Grand Island
was declared a Census Defined Urbanized Area which changed the funding for Transportation
Services within the City. An Interlocal Agreement with the County was recommended that
would allow Hall County to continue to contract with Senior Citizens Industries, Inc. to provide
the same level of transit services within the City until the City was ready to authorize a separate
contract for transit services. The agreement would also allow the City to provide a payment of
$109,526 to Hall County in FY 2013-2014 for Transit Services using the 5307 funds. The
agreement would end on September 30, 2014.
Mr. Nabity answered questions regarding the funding source for these services. Urban funding
was explained.
Motion by Dugan, second by Minton to approve Resolution #2013-290. Upon roll call vote, all
voted aye. Motion adopted.
#2013-291 — Consideration of Approving Bid Award for Furnishing & Installation of Golf
Course Irrigation System. Parks and Recreation Director Todd McCoy gave a brief background
history of the Jackrabbit Run Golf Course. He stated four bids were received for the installation
of the Golf Course irrigation system. Dunininck, Inc. of Prinsburg, MN submitted the low bid of
$492,538.
Mr. McCoy answered questions regarding labor and energy savings. He stated we could save up
to 30% on the electricity. Mr. McCoy explained the difference between the Rainbird system to
the Toro system.
Motion by Haase, second by Nickerson to approve Resolution#2013-291. Upon roll call vote, all
voted aye. Motion adopted.
#2013-292 — Consideration of Legal Fee Contribution for Analysis of Options Regarding
Veterans Home. Senator Mike Gloor stated he was very supportive of this issue and wanted to
Page 7,City Council Regular Meeting,August 27,2013
see what the options were. Mayor Vavricek stated the Chamber of Commerce, on behalf of The
Home For Our Heroes Committee, would like to hire the Rembolt Ludtke, LLP law firm from
Lincoln, NE to evaluate all legal options available with the intent or retaining the Veteran's
Home. Proposed was a flat fee of$15,000.00 to provide an evaluation of the governing statutes,
regulations and processes. The City's portion of the legal fees was $5,000.00.
Motion by Gericke, second by Niemann to approve Resolution #2013-292. 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 August 14, 2013
through August 27, 2013, for a total amount of$5,442,175.64. Unanimously approved.
Council recessed at 7:44 p.m. to the Special Meeting and returned to the Regular Meeting at 9:57
p.m.
ADJOURN TO EXECUTIVE SESSION: Motion by Dugan, second by Paulick to adjourn to
Executive Session at 9:57 p.m. for the purpose of a strategy session with respect to real estate
purchase. Unanimously approved.
RETURN TO REGULAR SESSION: Motion by Dugan, second by Gericke to return to Regular
Session at 10:21 p.m. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:21 p.m.
ana.„,
RaNae Edwards
City Clerk