05/10/2016 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 10, 2016
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 10, 2016. Notice of the meeting was given in The Grand Island Independent on
May 4, 2016.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council
members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry
Janulewicz, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Rylan Dvorak.
INVOCATION was given by Pastor Bill Pavuk, St. Pauls Lutheran Church, 1515 South Harrison
Street followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Presentation by Hall County Vietnam Veterans Hero Flight Committee. Hall County Supervisors
Pam Lancaster and Gary Quandt representing the Hall County Vietnam Veterans Hero Flight
Committee thanked the City of Grand Island for their work in welcoming the Vietnam Veterans
home from Washington, DC on May 3, 2016.
PUBLIC HEARINGS:
Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine
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 La Mexicana, Inc. dba La Mexicana
Market, 385 North Pine Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on Maxch 16,
2016; notice to the general public of date, time, and place of hearing published on April 30,
2016; notice to the applicant of date, time, and place of hearing mailed on April 19, 2016; along
with Chapter 4 of the City Code. Staff recommended denial based on the Police Department
report and Nebraska State Statutes 53-132 (2a, 2b & 2c). Tom Wagoner, attorney for the
applicant spoke in support. No further public testimony was heard.
Public Hearing on Request from La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th
Street for a Class "C" Liquar License. City Clerk RaNae Edwards reported that an application
for a Class "C" Liquor License had been received from La Fonda Jalisco, LLC dba La Fonda
Jalisco, 613 East 4�' Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on April 8,
2016; notice to the general public of date, time, and place of hearing published on April 30,
2016; notice to the applicant of date, time, and place of hearing mailed on April 8, 2016; along
Page 2, City Council Regular Meeting, May 10, 2016
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections
and completion of a state approved alcohol server/seller training program. Tom Wagoner,
attorney for the applicant spoke in support. No further public testimony was heard.
Public Hearin� on Request to Rezone Property located at 2220 N. Webb Road from CD —
Commercial Development to Amended CD — Amended Commercial Development Westar
Foods . Regional Planning Director Chad Nabity reported that an application had been made by
Westar Foods to rezone property located at 2220 N. Webb Road from CD — Commercial
Development to Amended CD — Amended Commercial Development. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement -(#l�pital & Broadwell Avenues (U.S.
Department of Veterans Affairs). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located north of the VA Hospital at the northwest corner of Broadwell and
Capital Avenue was needed in order to have access to install, maintain, and repair the high
voltage underground power lines and pad-mount transformers that would serve the facility. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utilitv Easement -(#2) - Capital & Broadwell Avenues (U.S.
Department of Veterans Affairs). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located north of the VA Hospital at the northwest corner of Broadwell and
Capital Avenue was needed in order to have access to install, maintain, and repair the public
water main and related appurtenances that serve the apartment buildings for veteran housing
currently being built. Staff recommended approval. No public testimony was heard.
C�77�7 V��T�.�
Councilmember ponaldson moved "that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinance numbered:
#9585 - Consideration of Request to Rezone Property located at 2220 N. Webb Road
from CD — Commercial Development to Amended CD — Amended Commercial
Development (Westar Foods)
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 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 Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Mr. Nabity answered questions regarding a shared driveway with Burger King at this location.
Motion by Haase, second by Paulick to approve Ordinance #9585.
City Clerk: Ordinance #9585 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.
Page 3, City Council Regulaz Meeting, May 1Q 2016
City Clerk: Ordinance #9585 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9585 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-9 and G-12 (Resolution #2016-110 and #2016-
113) were pulled for further discussion. Motion by Donaldson, second by Minton to approve the
Consent Agenda excluding items G-9 and G-12. Upon roll call vote, all voted aye. Motion
adopted.
Approving Minutes of Apri126, 2016 City Council Regular Meetin�.
Approving Liquor Manager Desi�nation for Besim Shala, 1203 Stonevwood Avenue for
Napoli's Italian, 3421 Conestoga Drive.
Approvin�Liquor Manager Desi�nation for Sean Roll, 2204 Chanticleer Street for Olive
Garden, 1010 Allen Drive.
#2016-105 - Approving Request from La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th
Street for a Class "C" Liquor License and Liquor Manager Designation for Blanca Ascencion,
2223 Bellwood #175.
#2016-106 - Approvin� Final Plat and Subdivision A�reement for Commercial Industrial Park
6th Subdivision. It was noted that Middleton Properties, LLC, owners, had submitted the Final
Plat and Subdivision Agreement for Commercial Industrial Park 6th Subdivision for the purpose
of creating 3 lots located south of Frontage Road and east of Industrial Lane consisting of 4.409
acres.
#2016-107 - Approving Final Plat and Subdivision Agreement for Havman's 2nd Subdivision. It
was noted that Handlers Land LLC, owners, had submitted the Final Plat and Subdivision
Agreement for Hayman's 2"d Subdivision for the purpose of creating 2 lots located east of North
Road and south of Stolley Park Road consisting of 4.75 acres.
#2016-108 - A�proving Final Plat and Subdivision A�reement for Jack Voss Horse Countrv
Club 4th Subdivision. It was noted that Joseph Brown and Lori Bear-Brown, owners, had
submitted the Final Plat and Subdivision Agreement for Jack Voss Horse Country Club 4tn
Subdivision for the purpose of creating 2 lots located east of Engleman Road and north of
Michigan Avenue consisting of 7.036 acres.
#2016-109 - A�proving Final Plat and Subdivision A�reement for Park Island Square 7th
Subdivision. It was noted that KM Grand Island Joint Venture, LLC, owners, had submitted the
Final Plat and Subdivision Agreement for Park Island Square 7th Subdivision for the purpose of
creating 21ots located south of 13�` Street and west of US Highway 281 consisting of 7.81 acres.
#2016-110 - A�provin� Subordination Agreement for Lois Stade, 236 S. Plum Street.
Community Development Specialist Charley Falmlen stated Lois Stade was looking to refinance
Page 4, City Council Regular Meeting, May 10, 2016
her home which the City had a Community Development down payment assistance lien on. The
bank was requesting the subordination agreement. Discussion was held regarding the City having
a second lien now and would still have a second lien after the subordination agreement.
Motion by Nickerson, second by Hehnke to approve Resolution #2016-110. Upon roll call vote,
all voted aye. Motion adopted.
#2016-111 - A�proving Acquisition of Utility Easement -(#1) - Capital & Broadwell Avenues
(U.S. Department of Veterans Affairs).
#2016-112 - A�proving Acquisition of Utility Easement -(#2�Capital & Broadwell Avenues
(U.S. Department of Veterans Affairs).
#2016-113 - A�proving Purchase of a 2016 Pick-up Truck for the Utilities Department, Water
Shop, via State Contract #14337 OC from Sid Dillon Chevrolet of Crete, NE in an Amount of
$48,663.00. Utilities Director Tim Luchsinger stated this truck was a replacement for a service
truck that was scheduled to be replaced in this year's budget. Comments were made concerning
the current 12 year truck with low mileage. Mentioned was having a fleet management city wide.
Mr. Luchsinger explained the difference in the Utilities Department fleet versus other companies
and the importance of having dependable vehicles. Mr. Ferguson stated the City had an extensive
record of fleet management of City vehicles.
Motion by Hehnke, second by Stelk to approve Resolution #2016-113. Upon roll call vote, all
voted aye. Motion adopted.
#2016-114 - A�proving Coal Contract for 2017 for the Platte Generatin� Station with Arch Coal
Sales, Coal Creek Mine.
#2016-115 - A�proving Purchase of a 2017 Truck with 41 Ft. Articulatin� Telescopic Aerial
Platform for the Electric Transmission/Substation Division of the Utilities Department from the
NJPA Contract No. 031014-ALT Altec Industries, Inc. in an amount of $143,615.00.
#2016-116 - Approvin� Award for Consultin� Services for Geospatial Data Collection of Grand
Island's Public Storm Water Conveyance System — 2016 with EA En ing eerin�, Science, and
Technolog.y, Inc. of Lincoln, NE in an Amount of approximatel,y $50,000.00.
#2016-117 - A�proving A�reement Amendment No. 3 with Olsson Associates of Grand Island,
NE for Professional Services Related to the Ext of Sanitary Sewer Svstem in Wildwood
Subdivision (Dist No. 528), from Wildwood Subdivision to I-80 (Dist No. 530T), and Sanitary
Sewer Improvement Dist No. 2(South of I-80) in an Amount of $38,448.00 and a Revised
Contract Amount of $580,633.00.
#2016-118 - A�proving A�reement far 2016 Pavement Condition Assessment, Traffic Control
Sign Inventory, Pavement Markings Inventorp, and Sidewalk Inventory with IMS Infrastructure
Management Services of Tempe, AZ in an Amount of $194,365.00.
Page 5, City Council Regular Meeting, May 10, 2016
RESOLUTIONS:
#2016-119 - Consideration of Approving Request from La Mexicana, Inc. dba La Mexicana
Market, 385 North Pine Street for a Class "D" Liquor License and Liquor Manager Desi ng ation
for Veronica Alvarez, 609 So. Stuhr Road. This item was related to the aforementioned Public
Hearing. Comments were made regarding the past history of the applicant selling to minors and
what procedures were in place to avoid this in the future. Tom Wagoner, attorney for the
applicant commented on the past history of the applicant.
Motion by Stelk, second by Donaldson to deny Resolution #2016-119 based upon the Police
Department Report and Nebraska State Statutes 53-132 (2a, 2b & 2c). Upon roll call vote, all
voted aye. Motion adopted.
#2016-120 - Consideration of A�proving Resolution Directin� Property Owner to Repair
Sidewalk at 103 West 3rd Street. Public Works Director John Collins reported that Code
Enforcement was notified of the sidewalk in disrepair at 103 West 3`d Street. On March 30, 2016
Code Enforcement notified the owner giving them 30 days to correct the violation under City
Code Section 32-58. The work had not been made as of April 29, 2016. The Public Works
Department requested a resolution be passed giving the property owner 15 days to obtain the
sidewalk permit and 15 days from issuance of such permit to complete the repairs of the
sidewalk.
Mr. Collins explained what the City expected the property owner needed to do to repair the
sidewalk.
Motion by Paulick, second by Minton to approve Resolution #2016-120. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Hehnke to approve the Claims for the period of Apri127, 2016
through May 10, 2016 for a total amount of $4,100,358.72. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:50 p.m.
�. , , � . i-
RaNae Edwaxds
City Clerk