06/28/2016 Minutes (2)I '
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CITY OF GRAl'�?D ISLAND, NEBRASI�AA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 28, 2016
Pursuant to c�ue call and notice thereof, a Regular Meeting of the City Counci4 of the City o�
%r�nd Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, o�a Ju?�z 28, 2016. Notice of the m�eting was given in The Grand Island Independent on
.��ne 22, 2016.
�ayc�r Jerera�y �,. Jensen called the meeting to order at 7:00 p.m. The following City Council
m�rnbers were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck I�aase, Julie Hehnke,
I,inna Dee Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
M�chelle �'itzke �vas absent. The following City Officials were present: City Administrator
1l��rlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney
�erry Janulewicz, and Public Works Director John Collins.
1l�Iayor Jens�n introduced Community Youth Counci� member Jackson Richlingo
INVOCATION was given by Bishop Jared Noorlander, Church of Jesus Christ of Latter-day
��?nts, � 12 West 22"d Street followed by the PLEDGE OF ALLEGIANCE.
1�U�LIC IIEARINGS:
Pu'�lic Hearin� on Request from B& R Stores, Inc. dba Super Saver 28, 7 i 0 West State Street
for a Class "C" Liquor License. City Clerk RaNae Edwards reported that an application for �
Class "C" Liquor License had �Oeen re�ei�ed frorn B� R Stores, Inc. dba Super Saver 28, 7I0
��e�t St�t� �treet. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Cor�trol Commission and received by the City on June 3, 2016; notice to
the general p� blic of date, time, and place of hearing published on June 18, 201 f; notice to the
�pplicant �f date, time, and place of l�earing mailed on Jun� 3, 2016; along with Chapter 4 of the
Ciiy Code. Staff recor�mended approval contingent upon i`mal inspections and completion of a
state approved alcol�ol server/seller training program. No public testimony was heard.
Pubiic Hearing on Acquisition of �Jtilitv Easement - 315 iV Washin�ton Street (J & B Rentals,
LLC . P'ul�lic Works Director John Collins reported that acquisition of a utility easernent located
�i 3� 5 I�. ��s�iington Sireet was needed in order to access an existing sanitary sewer main
b�tween So-uth Front Street and 3rd Street and Washington Street to Lincoln l�venue. Sta�f
r�commended approval. No public testimony was heard.
Public I�earin� on Acquisition of Utility Easement - 905 S. Locust Street {Gosda Car Wash}.
Uiilities l�irector Tim Luchsinger reporied that acquisition of a utility easement located at 905
�outh L.acust Street was needed in order to have access to install, upgradE, maintain, and repair
povv�r appurtenances, including lines and transformers. This easement would be used to provide
access for t?�� placement, operation, and maintenance of the high voltage underground power
Page 2, City Counci] Regular Meeting, June 28, 2016
lir�e, pad-mounted transformer and appurtenances for the Gosda Car �ash remodel and upgraded
facilities. Staff recommended approval. No public testimony was heard.
1P�ablic Hearing on Redevelopment Plan far CRA Area 19 located at the Northeast Corner of US
Ili�hway 34 �nd South Locust Street (Talon Apartments, Inc.). Regional Planning Director Chad
Nabity reported that Talon Apartments had made an offer and intended to purchase property and
had sub�nitted an application for Tax Increment Financing to aid in the construction of 288
Apartrnents north of U.S. Highway 34 and east of South Locust Street. Staff recommended
approval. l�on Depue, 308 Na. Locust Street, attorney for applicant and Bruce Schreiner, 35�5
Grassridge Drive, CPA for appli�ant spoke in support. No further public testimony was heaxd.
Public Hearin� on Request to Rezone Propertv located North of U5 Hwy 34 and East of South
Locust Street from B2-AC — General Business with an Arterial Commercial Overlav to RD —
Resgdentiai �evelopment (Talon Apartments, Inc.� Regional Planning Director Chad Nabity
repo�rted that an application had been made by Talon Apartments to rezone property located
r�orth o� U.S. Highway 34 and east of South Locust Street from B2-AC — General Business with
an �rteri�l Comrriercial Overlay to RD — Residential Development. Staff recommended
ap�ar�val. Ron Depue, 308 No. Locust Street, attorney for applicant and Bruce Schreiner, 3535
Carassridge Drive, CPA far applicant spoke in sup�ort. No further public testimony was heard.
Public Hearing on Community Development Block Grant Consolidated Plan and Annual Action
Plan Fundin� Aliocations. Community �e�elopment Specialist Charley Falmlen reported thai in
Se�tember 2015 L�rand Island began the process of becoming an Entitlement Community. Part of
the planning process for the Community Development Block Grant (�DBG) m�del was the
creation of a Consolidated Plan which included the Annual Action Plan. The Consolidated Plan
ideniifies community development needs, goals, and priorities for Grand Island and contains a
hb�zsing and homeless needs assessment, housing marketing analysis, and a strategic plan. The
Aetion Plan addresses the intended use of an estimated $348,927 in entitlement grant funds
under the CI�BG program. No Council action was needed. No public testimony was heard.
�.�1►:►
Councilrnember ponaldson moved "that the statutory rules requiring ordinances to be read by
titl� on three �ifferent days are suspended and that ordinance numbered:
#9590 - Consideration of Request to Rezor�e Property located North of US Hwy 34 and
East of South Locust Sireet from B2-AC — General Business with an Arterial
Commercial Overlay to RD — Residential Development (Talon Apartments, Inc.)
b� 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 a�d call for a roll ca11 vote on each reading and then upon final passage."
Ccuncilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Page 3, City Cour.cil Regular Meeting, June 28, 2016
I9isc�ssion was held regarding the rezoning. N�r. Nabity stated if this was approved the applicant
rdad 18 months to move forward on this project otherwise if would revert back to the original
zo�ing. He exp�ained how zoning took place and the impact to the southeast part of Grand
Island. NIr. Nabity answered questions regarding the concept of walkability and access to parks.
I)iscussion was held regarding safety concerns for children. Mr. Depue commented on the
i�»ortanc� of providzng more housing in Granc7 Island.
Motion by Donaldson, second by Minton to approve Ordinance #9590.
City Clerk: Ordinance #9590 on first reading. All those in favor of the passage of this ordinance
on iirst reading, answer roll call vote. Upon roll call vote, Councilmembers Steele, IVlinton,
Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick
voted no. Motion adopted.
City Clerk: Ordinance #9590 on second and final reading. All those in favor of the passage of
this ordinarice on second and final reading, answer roll call vote. Upon roll call vote,
Councilmemt�ers Steele, Minton, Donald�c�n, Hehnke, Haase, Jones, Stelk, and Nickerson voted
aye. Coun�il�n�mber 1'aulick voted no. Motion adopted.
�O�iayar .ien�en: By reason of the roll call votes on first reading and then upon second and final
r��dings, Orciinance #9590 is declared to be lawfully adopted upon publication as required by
l�w.
CONSENT AGENDA: Consent Agenda items G-5 and G-17 (Resolution #2016-160) were
puiled for further discussion. Motion by Stelk, second by Hehnke to approve the Consent
Agenda excluarng items G-5 and G-17. U�on roll call vote, all voted aye. Motion adopted.
Ap�rovin� Minutes of June 14, 2016 City Council Re�ular Meetin�
�pprovin� Minutes of June 21, 2016 City Council Study Session.
Approving Re-A�pointment of Vdanda Stelk to the Animal Advisory Board.
App�ovin� IZe-Appointment of Rob Czaplevvski and A�pointments of Tanya Hansen and Sapna
Purawat to ih� Library Board.
Ap�,rovin�p�ointments of Karl Kostbahn Ron I�epue, Brad Bauer, Kirk Ramsey, and Lisa
�Uillman to the Occupation Tax Oversight Committee (Food & Bevera�e). Councilmember
Steele questioned the legality of this committee. City Attorney Jerry Janulewicz stated it was
le�al and the eammiitee would have to follow the open meeting laws.
Mation by Stelk, second by Hehnke to approve. Upon roll call vote, all voted aye. Motion
�dopted.
A�prov�n� I,iquor IVlanager Desi�nation for Jennifer Bonneli, 910 N. Hastin�s Avenue,
�Ias�an�s,1VE for Buffalo Wild Win�s, 809 Allen Drive.
Page 4, City Council Reguiar Meeting, June 28, 2016
#2016-150 - A�proving Request from Request from B& R Stores, Inc. dba Super Saver 28, 710
West State Street for a Class "C" Liquor License and Liquor Mana�er Designation for James
Go�dman, 2"�15 Apache Road.
�#2016-151 - A�provin� Preliminary and Final Plat and Subdivision Agreement for Talon
A�artments 1 st Subdivision. It was noted ihat Talon Apartments, Inc., owners, had submitted the
1_'r�l4minary and FinallPlat and Subdivision Agreement located north of US Highway 34 and east
of South Locusi Str�et for the purpose of creating 11 iots consisting of 10.656 acres.
#2016-152 - A�rovin� Acquisition of Utilitv Easement - 905 S. Locust Street (Gosda Car
Wash .
#2016-153 - A�rovin� 2016 Coal Purchase Carryover with Cloud Peak Ener�y.
#2016-154 - Approvin� Caal Transportation Contract with the Union Pacific Railroad.
#2016-155 - Approving Acquisition of LTtility Easement - 315 N Washington Street (J & B
Rentals, LLC).
#2016-156 -��proving Unified Plannin� Work Pro�ram UPWP) for the Grand Island Area
I�etropolita� Planning Or�anization (GIAMPO) for the 2017 Fiscal Year Transportation
Plaruiin�Program in an Amount of $28,417.00.
#2015-15% - Approving Authorization for Emer�ency Sanitary Sewer Repairs between Sunset
A�enue a�nd I3od�e Street• (7ak Street to �Iine Street with Mver Construction, Inc. of Broken
�rw, NE in an Amo�nt af $37,875.00.
#20? �-158 -�pproving �hange Order No. 2 for Hall County SID No. 2 Sanitary Sewer
Improvemenis — 2014 with Myers Construction, Inc. of Broken Bow, NE for an Increase of
�1�,880.00 and a Revised Contract Amount of $2,244,704.75.
#2016-159 - A�provin� Bid Award for �uilding Demolition - North of Hi�hway 2(Between
Railroad IVlile Marker 98 & 99) Within the Burlin�ton Northern Santa Fe Railroad Ri�ht-of-Way
with �-Iooker Brothers Construction Company of Grand Island, NE in an Amount of $32,979.60.
#2016-160 - Ap�roving Resolutian to Place Firefi�hter Ronald Tubbs on the Disabled Firefigh�
Pensian List.
Il�otion by Haase, second by Nickerson to go into Executive Session ai 8:12 p.m. Upon roll call
��ote, Co�anci�members 5teele, Minton, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye.
Councilmembers Paulick and Donaldson voted no. Motion adopted.
1Vlotion by Paulick, seconc� by Haase to returned to Regular Session at 8:44 p.m. Upon roli call
vote, all voted aye. Motion adopted.
Page 5, City Council Regulaz Meeting, June 28, 2016
1Vlotion by Haase, second by Nickerson to approve Resolution #2016-160. Upon roll call vote, all
voted aye. Motion adopted.
�UE�TS AND REFERRALS:
Consideration of Community Development Block Grant Consolidated Plan and Annual Action
Plan Funding Allocations. This item rela�es to the aforementioned Public Hearing. No Council
action is requir�d. Community Development Specialist Charley Falmlen answered questions and
explained the continuum of the Care Granto
RES�LUTIONS:
#2016-161 - Consideration of Redevelopment Plan for CRA Area 19 located at the Northeast
Corner of US Highway 34 and South Locust Street (Talon Apartmenis, Inc.). This item relates to
the aforementioned P�ablic Hearing. Bruce Schreiner commented on the financing of this project.
Mr. Nabi�y �ommented on the time frame �f the phases for this project with regard.s to bonds.
Motion by Hehnke, second by Nickerson to approve Resolution #2016-161. Upon roll call vote,
Co�aa�cilrr�.embers Steele, Minton, Donaldson, Hehnke, Haase, Jones, Stelk, and 1Vickerson voted
aye. Councilmember Pa�alick voted no. Motion adopted.
AYMENT OF CLAIMS:
Ii��otion by Donaldson, second by Hehnk� to approve the Claims for the period of June 15, 2016
through Jun� 28, 2016 for a total amour�t af $4,728,142.82. Unanimously approved.
SPECIAL ITEIVIS:
U�date on Wron�ful Death Claim of Dumale Barivi�a: City Attorney Jerry Janulewicz reported
that on 5eptember 11, 2015, the City of Grand Island received a Tort Claim from Dumale
��riyiga due to the death of her daughter Nubari Koffree on July 18, 2015 at Island Oasis Water
l�ark. Through mediation a settiement agreement had been reached in the amount of $240,000.00
t� be paid by the ��ty's insuran�e carrier. A settlement release and consideration for the release
was corr�pleted on June 16, 2016. As required by State Statutes this item was brought forward for
bublic information. Mayor Jensen state� the settlement was in no way an admission of guilt on
t�e part of ihe �City of Grand Island.
��Jt�URNMENT: The meeting was adjourned at 9:06 p.m.
•. �, � � �
RaNae Edwards
Cit� Clerk