05/28/2013 Minutes CITY OF GRAND ISLAND,NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 28, 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 May 28, 2013. Notice of the meeting was given in The Grand Island Independent on
May 22, 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, Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. The
following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick
and Public Works Director John Collins.
INVOCATION was given by Pastor Sylvia Karlsson, St. Paul Lutheran Church, 1515 South
Harrison Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Kerrigan Anspauch.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation "Pandemic 2013 — Zombies in the Heartland" May 31 — June 2, 2013. Mayor
Vavricek proclaimed May 31 — June 2, 2013 as "Pandemic 2013 — Zombies in the Heartland".
Steve Hornady was present to receive the proclamation and commented on the event.
Proclamation "Tourism Recognition Month" May 2013. Mayor Vavricek proclaimed the month
of May 2013 as "Tourism Recognition Month". Convention and Visitors Bureau Executive
Director Brad Mellema was present to receive the proclamation and commented on impact of
tourism in Grand Island.
PUBLIC HEARINGS:
Public Hearing on Request from Besi and Zeki, LLC dba Napoli's Italian Restaurant, 3421
Conestoga Drive for a Class "I" Liquor License. City Clerk RaNae Edwards reported that an
application for a Class "I" Liquor License had been received from Besi and Zeki, LLC dba
Napoli's Italian Restaurant, 3421 Conestoga Drive. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on April 30, 2013; notice to the general public of date, time, and place of hearing
published on May 18, 2013; notice to the applicant of date, time, and place of hearing mailed on
April 30, 2013; along with Chapter 4 of the City Code. Staff recommended approval contingent
upon final inspections. No public testimony was heard.
Public Hearing on Request from Sunrise Restaurants, LLC dba Denny's, 3333 Ramada Road for
an Addition to Class "I-98966" Liquor License. City Clerk RaNae Edwards reported that an
application for an addition to Class "1-98966" Liquor License had been received from Sunrise
Restaurants, LLC dba Denny's, 3333 Ramada Road. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
Page 2,City Council Regular Meeting,May 28,2013
the City on May 9, 2013; notice to the general public of date, time, and place of hearing
published on May 18, 2013; notice to the applicant of date, time, and place of hearing mailed on
May 10, 2013; along with Chapter 4 of the City Code. The addition would be for 103' x 76'
Conference Center. Staff recommended approval with the following conditions: 1) completing
the installation of emergency egress windows, and 2) submission of a concept plan for code
compliance. Andy Zahar representing Denny's spoke in support. No further public testimony
was heard.
Public Hearing on Request to Rezone Property Located South of Capital Avenue West of the
Moores Creek Drainway from RD Residential Development to Amended RD Residential
Development Zone. Regional Planning Director Chad Nabity reported that this request to rezone
Sterling Estates 2nd Subdivision would peliuit the construction of 5 additional detached garage
buildings in conjunction with the first phase of the development. Staff recommended approval.
No public testimony was heard.
Public Hearing Concerning the Semi-Annual Report by the Grand Island Area Economic
Development Corporation/Citizens' Review Committee on the Economic Development Program
Plan. Lisa Willman, Chair of the Citizens' Review Committee gave the Semi-Annual Report for
the Citizens' Review Committee. Ms. Willman gave background information of the LB 840 Plan
and reported a public hearing for the semi-annual report was required. The Citizens' Review
Committee met on May 21, 2013 and approved the report.
Ann Martin, Chair of the Grand Island Economic Development Board of Trustees reported that
we neared the final months of the tenth year of the Local Option Plan, LB-840. Nineteen projects
had been approved over the past years creating 1,188 direct jobs with an economic impact of
over $36.6 million in payroll. Mentioned was the development of the Platte Valley Industrial
Park East, sewer extension to Interstate 80, Career Pathways Institute, Revitalization of
Downtown, and Legislation. The top priority for this year was to insure the Grand Island
Veterans Home stayed in Grand Island. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Public Right-of-Way in Summerfield Estates 5th Subdivision
(Little B's Corporation). This item was pulled off the agenda at the request of Greg Baxter,
owner.
Public Hearing for Neighborhood Stabilization Program Income Reuse Program. Community
Development Administrator Marco Floreani reported that currently the City had $583,603.15 of
Neighborhood Stabilization Program (NSP) generated program income to be allocated under the
guidelines of the City of Grand Island Program Income Reuse Plan for Neighborhood
Stabilization Program (NSP1). The program guidelines had been reviewed and approved by the
Nebraska Department of Economic Development. Approval by the Council would allow the
release of NSP Program Income and fund NSP1 eligible activities. Staff recommended approval.
Lewis Kent, 624 Meves Avenue spoke in support. No further public testimony was heard.
ORDINANCES:
#9426 — Consideration of Annexation of Ummel Second Subdivision Located North of
Bronco Road and East of Shady Bend Road (Third Reading)
Page 3,City Council Regular Meeting,May 28,2013
Regional Planning Director Chad Nabity reported this was the third of three readings for the
annexation of Ummel Second subdivision. Mentioned was that sewer and water were not
available at this time. City Clerk RaNae Edwards read it by title only.
Motion by Dugan, second by Donaldson to approve Ordinance #9426. Upon roll call vote, all
voted aye. Motion adopted.
Councilmember Gilbert moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9430 — Consideration of Request to Rezone Property Located South of Capital Avenue
West of the Moore's Creek Drainway from RD Residential Development to Amended
RD Residential Development Zone
#9431 — Consideration of Amending Chapter 27 of the Grand Island City Code Relative
to Purchasing
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.
#9430 — Consideration of Request to Rezone Property Located South of Capital Avenue
West of the Moore's Creek Drainway from RD Residential Development to Amended
RD Residential Development Zone
Regional Planning Director Chad Nabity reported this item related to the aforementioned Public
Hearing.
Motion by Gilbert, second by Minton to approve Ordinance#9430.
City Clerk: Ordinance#9430 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#9430 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#9430 is declared to be lawfully adopted upon publication as required by law.
#9431 — Consideration of Amending Chapter 27 of the Grand Island City Code Relative
to Purchasing
Assistant City Attorney Stacy Nonhof reported that Ordinance #9431 would amend Chapter 27
of the City Code to approve the use of the State Contract list and other buying groups for City
departments. Mentioned was that this would allow the use of state bids but would not require it
in all purchases. All cooperative agreements would have to be approved by the Council.
Page 4,City Council Regular Meeting,May 28,2013
Motion by Donaldson, second by Niemann to approve Ordinance#9431.
City Clerk: Ordinance#9431 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#9431 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#9431 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-8 was pulled from the agenda. Consent Agenda
item G-3 was removed for further discussion. Motion by Gilbert, second by Nickerson to
approve the Consent Agenda excluding items G-3 and G-8. Upon roll call vote, all voted aye.
Motion adopted.
Approving Minutes of May 14, 2013 City Council Regular Meeting.
Approving Minutes of May 21, 2013 City Council Study Session.
Approving the Appointments of Eric Olson and Todd Dvorak to the Police Pension Committee.
City Attorney Robert Sivick reported that the Police Pension Committee was created under the
Police Officer Retirement Act. Explained was the process of appointments to the committee.
State Statutes required Police Officers to be elected by their peers. Discussion was held
regarding the requirement of Council approval. Past practice had been for Council to approve the
appointments.
Motion by Gericke, second by Niemann to approve the appointments of Erick Olson and Todd
Dvorak to the Police Pension Committee. Upon roll call vote, Councilmembers Minton, Dugan,
Gericke, Gilbert, Nickerson, Hehnke, Haase, Donaldson, and Niemann voted aye.
Councilmember Paulick voted no. Motion adopted.
#2013-151 — Approving Final Plat and Subdivision Agreement for Ummel Second Subdivision.
It was noted that Tommy Ummel Jr., owner had submitted the Final Plat and Subdivision
Agreement for Ummel Second Subdivision for the purpose of creating 5 lots located north of Bronco
Road and east of Shady Bend Road containing 36.003 acres.
#2013-152 — Approving the Semi-Annual Report by the Grand Island Area Economic
Development Corporation/Citizens' Review Committee on the Economic Development Program
Plan.
#2013-153 —Approving Addendum to SCALES Agreement to Include the City of Cozad.
#2013-154 —Approving Pipeline Crossing Agreement with UPRR for Water Main District 466T
—Airport Road in an Amount of$2,500.00.
Page 5,City Council Regular Meeting,May 28,2013
#2013-155 — Approving Acquisition of Public Right-of-Way in Summerfield Estates 5th
Subdivision (Little B's Corporation). This item was pulled off the agenda at the request of Greg
Baxter, owner.
#2013-156 — Approving Continuation of Street Improvement District No. 1261; Westgate Road
—North Road East to Paved Section of Westgate Road.
#2013-157 — Approving Deferral of Assessments for Agricultural Property Located within the
Boundaries of Street Improvement District No. 1261; Westgate Road — North Road East to
Paved Section of Westgate Road.
REQUESTS AND REFERRALS:
Consideration of Liquor Manager Designation for Candace Rivera, 2815 West Capital Avenue
for Red Lobster Restaurant #0734, 3430 West 13th Street. City Clerk RaNae Edwards reported
that staff recommendation was to deny the request based upon the Police Department report with
regards to the potential character of Candy Rivera and false application. Candace Rivera, 2815
West Capital Avenue spoke in support. Council commented on the importance of the Police
Department investigation and supporting their recommendation.
Motion by Gilbert, second by Nickerson to deny the request from Candace Rivera, 2815 West
Capital based upon the Police Department report with regards to potential character and false
application. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2013-158 —Consideration of Request from Besi and Zeki, LLC dba Napoli's Italian Restaurant,
3421 Conestoga Drive for a Class "I" Liquor License and Liquor Manager Designation for
Florim Ramadani, 5011 Starling Drive, Lincoln, NE. This item related to the aforementioned
Public Hearing.
Motion by Gilbert, second by Haase to approve Resolution #2013-158. Upon roll call vote, all
voted aye. Motion adopted.
#2013-159 — Consideration of Request from Sunrise Restaurants, LLC dba Denny's, 3333
Ramada Road for an Addition to Class "1-98966" Liquor License. This item related to the
aforementioned Public Hearing.
Motion by Haase, second by Minton to approve Resolution #2013-159 with the following
conditions: 1) completing the installation of emergency egress windows, and 2) submission of a
concept plan for code compliance. Upon roll call vote, all voted aye. Motion adopted.
#2013-160—Consideration of Economic Development Incentive Agreement with CNH America,
LLC (Case New Holland). Ann Martin, Chair of the Grand Island Area Economic Development
Corporation Board of Trustees reported that an application had been made by CNH America, LLC —
Case New Holland for a $500,000 forgivable LB 840 loan for job creation and training of 100 new
employees. Discussion was held regarding the incentive fund balance. Denise McGovern-Gallagher
Page 6,City Council Regular Meeting,May 28,2013
representative of the EDC stated there were enough funds to cover all applications with some carry
over funds.
Motion by Niemann, second by Minton to approve Resolution #2013-160. Upon roll call vote, all
voted aye. Motion adopted.
#2013-161 — Consideration of Economic Development Incentive Agreement with Chief
Industries, Inc. Ann Martin, Chair of the Grand Island Area Economic Development Corporation
Board of Trustees reported that an application had been made by Chief Industries, Inc. for a$305,800
forgivable LB 840 loan for infrastructure,job creation, and training for 41 new jobs.
Motion by Niemann, second by Gericke to approve Resolution #2013-161. Upon roll call vote, all
voted aye. Motion adopted.
#2013-162 — Consideration of Economic Development Incentive Agreement with Central
Community College. Ann Martin, Chair of the Grand Island Area Economic Development
Corporation Board of Trustees reported that an application had been made by Central Community
College (CCC) for a $95,000 forgivable LB 840 loan for additional equipment for the Industrial
Academy.
The following people spoke in support:
• Mike Calvert, CCC Campus President
• Larry Glaser, CCC Business Officer
• Debra Brennan, CCC Executive Vice-President
• Ann Martin, GIAEDC Board Chair
Mr. Sivick commented on state statutes regarding the types of incentives LB 840 could be used for. It
was his opinion that this application fell within the law. Comments were made of the importance of
the college, but that LB 840 was to be used for businesses and creating jobs which could be defined
by numbers. Mentioned was that CCC had their own taxing authority.
Lisa Willman, Chair of the Citizens' Review Committee (CRC) commented on the reasons the CRC
denied this request.
Mr. Glaser answered questions concerning the application. They currently had 30 welding stations
and wanted to add 10 more. Construction would take three to four months. Comments were made
about the importance of training. A lengthy discussion was held regarding the state statutes with
regards to the principal source of income to qualify. Fund raising was mentioned.
Motion by Gericke, second by Minton to approve Resolution #2013-162. Upon roll call vote,
Councilmembers Paulick, Gericke, Hehnke, Haase, Donaldson, and Niemann voted aye.
Councilmembers Minton, Dugan, Gilbert, and Nickerson voted no. Motion adopted.
#2013-163 — Consideration of Approving Elimination of Proposed Street Right-of-Way in a
Portion of Voss Subdivision (Michael P. Graham). Public Works Director John Collins reported
that a request had been received from Michael P. Graham at 3135 E. Highway 30 to vacate a
proposed street right-of-way in Lot 4 of Voss Subdivision. The elimination would clear up
records on properties associated with this proposed street and allow for redevelopment/building
Page 7,City Council Regular Meeting,May 28,2013
construction on this lot, as the City had no future plans for a street in this location. Staff
�— recommended approval.
Motion by Dugan, second by Minton to approve Resolution#2013-163. Upon roll call vote, all voted
aye. Motion adopted.
#2013-164 — Consideration of Approving Neighborhood Stabilization Program Income Reuse
Program. This item related to the aforementioned Public Hearing. A detailed explanation of the
program was given and who was eligible. Comments were made on the success of the program.
Motion by Minton, second by Donaldson to approve Resolution #2013-164. Upon roll call vote, all
voted aye. Motion adopted.
#2013-165 — Consideration of(1) Approving Contract for Grand Generation Center Roof Repair
and (2) Funding for Roof and Drainage Repairs. Building Department Director Craig Lewis
reported that three proposals were received on May 14, 2013 for the roof repairs or replacement
to the western section of the Senior Citizens Center at 304 East 3rd Street. The best responsive
proposal was received from Weathercraft Co. of Grand Island, NE for a total of$62,986.00.
Also,based on discussion at the May 21, 2013 study session, any remaining balance of the City's
budgeted appropriation of$100,000.00 would be directed first to repairs of the middle section of
the roof and then to the modification of parking lot drainage. If the $100,000.00 appropriation
was exceeded by these three repairs, the Public Works Department would absorb up to the
complete parking/drainage repair cost in its current fiscal year budget.
Comments were made regarding the $100,000 budget. Mentioned was the timing of getting the
project done before the weather turned cold. Mr. Collins explained the process of fixing the alley
and parking lot.
Motion by Gilbert, second by Donaldson to amend and strike paragraph six and reference of
Public Works paying for remaining balance with a cap of $100,000. Upon roll call vote,
Councilmembers Gilbert, Donaldson and Niemann voted aye. Councilmembers Minton, Paulick,
Dugan, Gericke,Nickerson, Hehnke, and Haase voted no. Motion failed.
Motion by Niemann, second by Gericke to approve Resolution #2013-165. Upon roll call vote,
Councilmembers Minton, Paulick, Dugan, Gericke, Nickerson, Hehnke, Haase, and Niemann voted
aye. Councilmembers Gilbert and Donaldson voted no. Motion adopted.
#2013-166 — Consideration of Request for Approval of Transfer of Building Located at 1306
West 3rd Street and Related Department Relocations. Building Department Director Craig Lewis
reported that at the May 21, 2013 study session, city staff presented a proposal to transfer the
property at 1306 West 3rd Street to the Utilities Department which would lead to the relocation of
Utilities Engineering, Emergency Management, Information Technology and Human Resources,
in addition to the expansion of Finance. The first step was to request an appraisal of the property
at 1306 West 3rd Street to establish the current market value of the property.
Discussion was held regarding the timing of relocations. Mr. Lewis stated each stop would come
back to Council regarding bids and it would take many years to complete. Mr. Sivick stated the
Page 8,City Council Regular Meeting,May 28,2013
intent of the Resolution was to get an appraisal to obtain a fair market value before the transfer of
this property to the Utilities Department.
Motion by Gericke, second by Niemann to approve Resolution#2013-166.
Motion by Gilbert, second by Dugan to remove paragraph three. Upon roll call vote,
Councilmembers Minton, Paulick, Dugan, Gilbert, Nickerson, Hehnke, Haase, Donaldson and
Niemann voted aye. Councilmember Gericke voted no. Motion adopted.
Upon roll call vote of the main motion, all voted aye. Motion adopted.
#2013-167 — Consideration of Funding the Community Offering and Approving Authorized
Official to retain the Grand Island Veterans Home. Mayor Vavricek explained the history of the
Grand Island Veterans Home and the importance of keeping it here in Grand Island. Cindy
Johnson, President of the Chamber of Commerce reported on the competitive process of this
project.
Mentioned was that Council was being asked to approve the City's financial commitment of
funding not to exceed three million dollars and the authorizing official, which would be the
Mayor.
The following people spoke in support:
• Paul Wicht, 1708 Jerry Drive
• James Dugg, 2411 Cochin
• Lewis Kent, 624 Meves Avenue
• Ken Gnadt, 1610 Gretchen
• Ann Martin, Doniphan
Comments were made regarding Grand Island meeting the needs of the Veterans Home. Ms.
Johnson explained the proposal required funds to be available probably in 2016/2017 time frame.
The City would have time to come up with the $3 million. Mentioned was the city was only one
piece of the project. Community partners and donations were the others.
Motion by Niemann, second by Haase to approve Resolution #2013-167. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of May 15, 2013
through May 28, 2013, for a total amount of$4,292,555.49. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:37 p.m.
RaNae Edwards
City Clerk