03/24/2015 Minutes CITY OF GRAND ISLAND,NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 24, 2015
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 March 24, 2015. Notice of the meeting was given in The Grand Island Independent on
March 18, 2015.
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, Jeremy Jones, Chuck Haase, Julie Hehnke,
Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The
following City Officials were present: City Administrator Marian Ferguson, City Clerk RaNae
Edwards, Interim Finance Director William Clingman, City Attorney Robert Sivick, and Public
Works Director John Collins.
INVOCATION was given by Pastor Michael Reiners, Peace Lutheran Church, 1710 N. North
Road followed by the PLEDGE OF ALLEGIANCE.
Mayor Jensen introduced Community Youth Council members Diana Molina and Mari Paramo.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Robert Holmes, Computer Programmer with the Finance Department for 45
Years of Service with the City of Grand Island. Mayor Jensen and the City Council recognized
Robert Holmes, Computer Programmer with the Finance Department for 45 years of service with
the City of Grand Island. Mr. Holmes was present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Request to Rezone Property Located at 3721 West Capital Avenue from RD
Residential Development and R1 Suburban Residential to RD Residential Development (SB
Communities, LLC). Regional Planning Director Chad Nabity reported that an application had
been received to rezone 15.10 acres south of Capital Avenue and west of the Moore's Creek
Drainway. The developer had built five 30 unit three story apartment buildings on the east end of
the site and would build an additional five 30 unit buildings. They were requesting to change the
configuration and add one 60 unit building by adding property to the west side. Staff
recommended approval. No public testimony was heard.
Public Hearing on Request to Rezone Property Located North of State Street and East of US
Highway 281 from CD Commercial Development to Amended CD Commercial Development
(EIG Grand Island, LLC). Regional Planning Director Chad Nabity reported that a request to
change zoning for property located at 3416, 3420, 3430 and 3436 West State Street had been
received to allow 1 additional building at the south end of the property. Staff recommended
approval. No public testimony was heard.
Page 2,City Council Regular Meeting,March 24,2015
Public Hearing on Amendment to the Redevelopment Plan for CRA Area 2 for Site Specific
Redevelopment Plan Located at 1616 S. Eddy Street. Regional Planning Director Chad Nabity
reported that TC Enck Builders, Inc. had submitted a property amendment to the redevelopment
plan that would provide for site acquisition, necessary clearance, utility extensions and planning
activities and the subsequent construction of a duplex housing unit at 1616 South Eddy Street.
Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Donaldson moved "that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinances numbered:
#9526 - Consideration of Vacation of Utility Easements Located in Sterling Estates
Second Subdivision(SB Communities, LLC)
#9527 - Consideration of Creation of Street Improvement District No. 1262; Sterling
Estates 4th Subdivision — Norseman Avenue, Sunrise Avenue, Monarch Avenue &
Ebony Lane
#9528 - Consideration of Request to Rezone Property Located at 3721 West Capital
Avenue from RD Residential Development and R1 Suburban Residential to RD
Residential Development (SB Communities, LLC)
#9529 - Consideration of Request to Rezone Property Located North of State Street and
East of US Highway 281 from CD Commercial Development to Amended CD
Commercial Development (EIG Grand Island, LLC)
#9530 — Consideration of Amending Chapter 29 of the Grand Island City Code Relative
to Food Manager Permits
#9531 — Consideration of Amending Chapter 5 of the Grand Island City Code Relative to
Animal Auctions
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 first and 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.
#9526 - Consideration of Vacation of Utility Easements Located in Sterling Estates
Second Subdivision (SB Communities, LLC)
Public Works Director John Collins reported that the developer of Sterling Estates Second
Subdivision requested the vacation of dedicated easements for this area. No utilities were
currently within these easements. Staff recommended approval.
Motion by Paulick, second by Hehnke to approve Ordinance#9526.
City Clerk: Ordinance #9526 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 Regular Meeting,March 24,2015
City Clerk: Ordinance #9526 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 #9526 is declared to be lawfully adopted upon publication as required by
law.
#9527 - Consideration of Creation of Street Improvement District No. 1262; Sterling
Estates 4th Subdivision — Norseman Avenue, Sunrise Avenue, Monarch Avenue &
Ebony Lane
Public Works Director John Collins reported that the City and developer had been in contact
regarding this street improvement district since last year with funding in the 2014/2015 Capital
Improvement Program budget. The public/private partnership would allow for the development
which would include a City park with parking. Staff recommended approval.
Motion by Donaldson, second by Fitzke to approve Ordinance#9527.
City Clerk: Ordinance #9527 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 #9527 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 #9527 is declared to be lawfully adopted upon publication as required by
law.
#9528 - Consideration of Request to Rezone Property Located at 3721 West Capital
Avenue from RD Residential Development and R1 Suburban Residential to RD
Residential Development (SB Communities, LLC)
#9529 - Consideration of Request to Rezone Property Located North of State Street and
East of US Highway 281 from CD Commercial Development to Amended CD
Commercial Development(EIG Grand Island, LLC)
These items related to the aforementioned Public Hearings. Staff recommended approval.
Motion by Haase, second by Stelk to approve Ordinances#9528 and#9529.
Discussion was held on Ordinance #9529 regarding traffic/speed limits on Capital Avenue and
sidewalks. Mr. Collins stated sidewalks would be included in this area. Studies were being done
on traffic and speed zones.
Page 4,City Council Regular Meeting,March 24,2015
City Clerk: Ordinances #9528 and #9529 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 #9528 and #9529 on second and final reading. All those in favor of the
passage of these ordinances 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, Ordinances #9528 and #9529 are declared to be lawfully adopted upon publication as
required by law.
#9530 — Consideration of Amending Chapter 29 of the Grand Island City Code Relative
to Food Manager Pei is its
Assistant City Attorney Stacy Nonhof reported that a Certified Food Manager peiinit was being
requested by the Central District Health Department. Two definitions, Potentially Hazardous
Food and State Fair Pelinit, would be added to Chapter 29 of the Grand Island City Code. Staff
recommended approval.
Motion by Paulick, second by Stelk to deny Ordinance#9530.
Paul Wicht, 1708 Jerry Drive spoke in opposition. Matt Ripp, 2707 South Locust Street spoke in
a neutral position, and Jeremy Collinson from the Central Nebraska Health Department spoke in
support.
Discussion was held regarding whom would need a permit, volunteers, fund raisers, etc.
Comments were made by Council to take this issue to a Study Session.
Motion by Paulick, second by Stelk to postpone action on Ordinance #9530 until the April 28,
2015 City Council meeting. Upon roll call vote, all voted aye. Motion adopted.
#9531 —Consideration of Amending Chapter 5 of the Grand Island City Code Relative to
Animal Auctions
Assistant City Attorney Stacy Nonhof reported that changes to Chapter 5 of the Grand Island
City Code would prohibit the auctioning of dogs and cats and exempt the State Fair and post-
secondary educational institutions from the provisions of Chapter 5. Staff recommended
approval.
Motion by Donaldson, second by Hehnke to approve Ordinance#9531.
Douglas Jensen, 2704 North Webb Road spoke in support. Mayor Jensen spoke in opposition.
Discussion was held regarding Section 5-7.2 concerning animal auctions. Laurie Dethlof with the
Central Nebraska Humane Society spoke of the problems with auctioning animals. She stated
ownership was critical.
Page 5,City Council Regular Meeting,March 24,2015
Motion by Haase, second by Jones to amend the Ordinance and strike section 5-7.2. Upon roll
call vote, Councilmembers Paulick, Minton, Fitzke, Haase, Jones, Stelk, and Nickerson voted
aye. Councilmembers Steele, Donaldson, and Hehnke voted no. Motion adopted.
City Clerk: Ordinance#9531 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Minton, Fitzke,
Haase, Jones, Stelk, and Nickerson voted aye. Councilmembers Paulick, Steele, Donaldson, and
Hehnke voted no. Motion adopted.
City Clerk: Ordinance #9531 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,
Councilmembers Minton, Fitzke, Haase, Jones, Stelk, and Nickerson voted aye. Councilmembers
Paulick, Steele, Donaldson, and Hehnke voted no. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9531 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Donaldson, second by Hehnke to approve the Consent. Upon
roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 10, 2015 City Council Regular Meeting.
Approving Minutes of March 17, 2015 City Council Study Session.
#2015-71 - Approving Preliminary and Final Plat and Subdivision Agreement for Sterling
Estates 6th Subdivision. It was noted that SB Communities, owner, had submitted the
Preliminary and Final Plat and Subdivision Agreement for Sterling Estates 6th Subdivision for
the purpose of creating 1 lot located south of Capital Avenue and west of US Highway 281,
containing 7.58 acres.
#2015-72 - Approving Temporary Construction Easement for Hall County Sanitary Sewer
District 2 (SID 2) [Dale L. Bockmann] in an Amount of$200.00.
#2015-73 - Approving Amendment No. 1 to 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$15,500.00 and a Revised Agreement Amount
of$87,370.00.
#2015-74 - Approving Change Order No. 2 for North Interceptor Phase II; Project No. 2013-S-4
with S.J. Louis Construction, Inc. of Rockville, MN for a Deduction of $210,003.48 and a
Revised Contract Amount of$21,269,534.02.
#2015-75 - Approving Change Order No. 2 for Sanitary Sewer District No. 528 and No. 530T
with Van Kirk Brothers Contracting of Sutton, NE for a Net Credit of$47,507.46 and a Revised
Contract Amount of$3,326,611.24.
Page 6,City Council Regular Meeting,March 24,2015
#2015-76 - Approving Nebraska H2O Construction/Post Construction Stormwater Management
Program Development; Phase 2—Felsburg, Holt& Ullevig of Omaha, NE
#2015-77 - Approving Request from the YMCA for Permission to Use City Streets, Hike/Bike
Trail, and State Highway for the 2015 State Fair Marathon/Half Marathon/Marathon Relay/5K
Race/Kids 1 Mile.
#2015-78 - Approving Award of Proposal for Consulting Services for Geospatial Data Collection
of Grand Island's Public Stormwater Conveyance System—2015 with EA Engineering, Science,
and Technology, Inc. of Lincoln, NE in an Amount of$60,000.00.
#2015-79 - Approving Purchase of a 2015 Truck for the Water Department per State Bid with
Anderson Auto Group of Lincoln, NE in an Amount of$58,488.00.
#2015-80 - Approving Execution of a Confidentiality and Non-Disclosure Agreement regarding
Wind Energy with Invenergy Wind Development LLC.
#2015-81 - Approving Bid Award for Heartland Public Shooting Park Entry Road
Rehabilitation/Replacement with J.I.L. Asphalt Paving Co., of Grand Island, NE in an Amount
of$205,144.70.
#2015-82 - Approving Grant Application to United States Tennis Association for Ryder Park
Tennis Courts.
RESOLUTIONS:
#2015-83 - Consideration of Approving Letter of Support for Essential Air Service (EAS) to the
Department of Transportation (DOT). City Administrator Marlan Ferguson introduced Mike
Olson, Executive Director of the Hall County Airport Authority. Mr. Olson reported that every
two years the Department of Transportation (DOT) asks for proposals from air carriers for the
various EAS communities for the continuation of air service. One proposal from American
Airlines was submitted. The Hall County Airport Authority recommended American Airlines to
the DOT for air service and requested the Mayor send a letter of support to the DOT.
Motion by Haase, second by Paulick to approve Resolution #2015-83. Upon roll call vote, all
voted aye. Motion adopted.
#2015-84 - Consideration of Amendment to the Redevelopment Plan for CRA Area 2 for Site
Specific Redevelopment Plan Located at 1616 S. Eddy Street. This item related to the
aforementioned Public Hearing. Councilmember Steele commented on language in the contract
that he felt was problematic. Councilmember Haase stated he did not agree with Tax Increment
Financing for apartments. Todd Enk, 4133 Fleetwood Road spoke in support.
Motion by Stelk, second by Fitzke to approve Resolution#2015-84. Upon roll call vote, all voted
aye. Motion adopted.
Page 7,City Council Regular Meeting,March 24,2015
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Hehnke to approve the Claims for the period of March 11,
2015 through March 24, 2015, for a total amount of$4,759,809.89. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:42 p.m.
FL,„9„.„DQ..,
RaNae Edwards
City Clerk