10/27/2015 Minutes CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 27, 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 October 27, 2015. Notice of the meeting was given in The Grand Island Independent
on October 21, 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 Marlan Ferguson, City Clerk RaNae
Edwards, Interim Finance Director William Clingman, City Attorney Robert Sivick, and Public
Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Natalie Stapleton.
INVOCATION was given by Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial
Drive followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EQUALIZATION: Motion by Hehnke, second by Paulick to adjourn to the Board
of Equalization. Motion adopted.
#2015-BE-11 - Consideration of Determining Benefits and Levy Special Assessments for Water
Service Box Lowering for 219 East Charles Street. Public Works Director John Collins reported
that there was a need to lower the water service box at 219 East Charles Street at a cost of
$750.00 to be assessed to the property owner. Staff recommended approval of the connection
fee.
Motion by Donaldson, second by Stelk to approve Resolution#2015-BE-11. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Donaldson, second by Hehnke to return to
Regular Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearing on Request from Hooker Brothers Construction Company for a Renewal of
Conditional Use Permit for a Sand and Gravel Operation located at 501 Gunbarrel Road.
Building Department Director Craig Lewis reported that a request for the renewal of a
Conditional Use Penult from Hooker Brothers Construction Company for a sand and gravel
operation had been received. Staff recommended approval with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
Page 2,City Council Regular Meeting,October 27.2015
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
2). CLOSURE: A drawing of the proposed development of the property after the closing of the
sand and gravel operation has been provided along with the initial application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained between the pumping
operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours
(15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No
pumping or other processing activities shall be permitted on Sundays or from fifteen minutes
after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the
months of March, April, October, and November activities may operate from 6:00a.m. to
10:00p.m.to allow for winter condition. The second exception shall be that trucking of the
product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
"hospital grade muffler" designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. No
product, material or equipment shall be stored within any easement or in such a manor that it
would violate any safety provisions of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel fours the premises and over and
across any public highway or road unless said sand and gravel is complete dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from leaking
onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
(1). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational. Staff recommended approval. Randy Stueven, 233 S. Gunbarrel Road
Page 3,City Council Regular Meeting,October 27,2015
requested further regulations and conditions. Kerry McGrath, 3211 Ponca Circle representing
Hooker Brothers spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 3840 and 3860 S. Locust Street
(Hooker Brothers). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 3840 and 3860 S. Locust Street was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
property used for a sand and gravel operation located at 3840 and 3860 S. Locust Street was
being redeveloped for residential homes. In order to serve the area being developed by Hooker
Brothers Sand and Gravel, Inc., the Utilities Department needed to acquire an easement along the
north side of their property for operation, maintenance, and access of underground primary
power lines, pad-mounted transformers, termination equipment, and related infrastructure. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1212 Allen Drive (JoEL
Investment Group, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 1212 Allen Drive was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The new Raising
Cane's Restaurant was being constructed at the corner of 13th Street and Allen Drive. In order to
serve the new business and the lot to the south, the Utilities Department needed to acquire an
easement for operation, maintenance, and access of underground primary power lines, pad-
mounted transformer, termination equipment, and related infrastructure. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1230 Allen Drive (JoEL
Investment Group, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 1230 Allen Drive was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The new Raising
Cane's Restaurant was being constructed at the corner of 13th Street and Allen Drive. In order to
serve the new business, the Utilities Department needed to acquire an easement for operation,
maintenance, and access of underground primary power lines, pad-mounted transformer,
termination equipment, and related infrastructure. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 2036 Brentwood Blvd. (Five Points
Bank). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at
2036 Brentwood Blvd. was needed in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers. Five Points Bank was currently
constructing a new building at 2036 Brentwood Boulevard for their data processing use. In order
to provide the power supply to the building, the Utilities Depallutent needed to acquire an
easement relative to the property owned by Five Points Bank. The easement would be located on
part of Lot Two, Brentwood Seventh Subdivision, just south of the Stolley Park Road and the
Brentwood Boulevard intersection. Staff recommended approval. No public testimony was
heard.
Page 4,City Council Regular Meeting,October 27,2015
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:
#9561 -Approving Final Bond for Webb Road Street Improvement District No. 1260 and
Westgate Road Paving District No. 1261
#9562 - Consideration of Assessments for Water Service Box Lowering for 219 East
Charles Street
#9563 - Consideration of Amendments to Chapter 22 of the Grand Island City Code
Relative to Snow Emergency Routes
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.
#9561 - Approving Final Bond for Webb Road Street Improvement District No. 1260 and
Westgate Road Paving District No. 1261
Interim Finance Director William Clingman reported that based on the payments made for
District No. 1260 and 1261, intersection costs and issuance fees of the new bonds, bond
financing of$1,231,000 was needed to pay off the Bond Anticipation Notes that come due on
November 15, 2015. The assessment balances would be paid over the next 9 years.
Motion by Donaldson, second by Minton to approve Ordinance#9561.
City Clerk: Ordinance #9561 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 #9561 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 #9561 is declared to be lawfully adopted upon publication as required by
law.
#9562 - Consideration of Assessments for Water Service Box Lowering for 219 East
Charles Street
Motion by Minton, second by Hehnke to approve Ordinance#9562.
City Clerk: Ordinance #9562 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 5,City Council Regular Meeting,October 27,2015
City Clerk: Ordinance #9562 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 #9562 is declared to be lawfully adopted upon publication as required by
law.
#9563 - Consideration of Amendments to Chapter 22 of the Grand Island City Code
Relative to Snow Emergency Routes
Public Works Director John Collins reported that it had been brought to Staff's attention that
Chapter 22; Section 113 of City Code wasn't updated when Ordinance No. 9087 was passed by
City Council on November 14, 2006, thus leaving Ordinance No. 9204, approved on February
10, 2009 incorrect. The proposed corrections to Chapter 22; Section 113 of the City Code have
been drafted for City Council consideration.
Motion by Paulick, second by Jones to approve Ordinance#9562.
City Clerk: Ordinance #9562 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 #9562 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 #9562 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Paulick, second by Fitzke to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 13, 2015 City Council Regular Meeting.
Approving Appointments of Derek Apfel and John Hoggatt to the Regional Planning
Commission.
Approving Request from Aloha' Investments, LLC dba Afternooner's, 3773 Sky Park Road for a
Reconstruction to their Class "C-95177" Liquor License.
#2015-284 - Approving Acquisition of Utility Easement - 3840 and 3860 S. Locust Street -
Hooker Brothers.
#2015-285 - Approving Acquisition of Utility Easement - 1212 Allen Drive - JoEL Investment
Group, LLC.
Page 6,City Council Regular Meeting,October 27.2015
#2015-286 - Approving Acquisition of Utility Easement - 1230 Allen Drive - JOEL Investment
Group, LLC.
#2015-287 - Approving Acquisition of Utility Easement - 2036 Brentwood Blvd. - Five Points
Bank.
#2015-288 - Approving Bid Awards for Tree Trimming Project 2016-TT-1 with Leetch Tree
Service of Grand Island, NE in an Amount of$69,400.00 for Section 2, 3, 6, 7, 8, 11, and 12;
Sheffield Tree Service of Grand Island, NE for an Amount of$16,000.00 for Section 9 and 10;
and B & E Tree Service, Inc. of Grand Island, NE in an Amount of$63,000.00 for Sections 1, 5,
and 16.
#2015-289 - Approving Bid Award for Burdick Station Unit#3 Distributed Control System with
ABB, Inc. of Wickliffe, OH in an Amount of$596,977.00.
#2015-290 -Approving Compliance Consulting Agreement with Volkmann Consulting.
#2015-291 - Approving Bid Award for the Law Enforcement Center & Downtown Parking Lot
Snow Removal Operations for the 2015/2016 Winter Season with Rick's Lawn Care, Inc. of
Grand Island, NE for the following amounts: Trucks for Hauling Snow - $70.00 per load; Tractor
Loader with Box Blade - $225.00 per hour; Skid Steer Loader - $175.00 per hour; and Tractor
with Pull Blade - $185.00 per hour.
#2015-292 - Approving Contract for Medical Director for the Grand Island Fire Department with
Dr. Michael McGahan of Grand Island, NE in an Amount of$23,000.00 per year for 5 years.
#2015-293 - Approving Purchase of New Portable Radios for the Grand Island Fire Department
with Platte Valley Communication of Grand Island,NE in an Amount of$31,111.25.
#2015-294 - Approving Purchase of Opticom Traffic Signal Controllers with Mid America
Signal of Kansas City, KS in an Amount of$9,471.00.
#2015-295 - Approving Change Order No. 1 - Sterling Park Site Development— 2015 with The
Diamond Engineering Co. of Grand Island, NE for a Decrease of $4,172.00 and a Revised
Contract Amount of$88,514.63.
#2015-296 - Approving Change Order No. 1 - Sterling Park Site Development - 2015 - Phase
Two of Concrete Trail Construction with The Diamond Engineering Co. of Grand Island, NE for
an Increase of$1,150.00 and a Revised Contract Amount of$49,257.00.
REQUESTS AND REFERRALS:
Consideration of Request from Hooker Brothers Construction Company for a Renewal of
Conditional Use Pei;_ilit for a Sand and Gravel Operation located at 501 Gunbarrel Road. This
item relates to the aforementioned Public Hearing.
Page 7,City Council Regular Meeting,October 27,2015
Motion by Stelk, second by Minton to approve the request from Hooker Brothers Construction
Company for a renewal of their Conditional Use Permit for a Sand and Gravel Operation located
at 501 Gunbarrel Road with the conditions as presented.
Discussion was held regarding future stipulations and regulations. Reviewed were photos of the
gravel site including the sand pile. Mr. Lewis commented on past complaints of the sight. Mr.
Sivick stated the Council could pull the permit if conditions were not met. Jeff Hooker
commented on the decibel readings at the plant.
Motion by Donaldson, second by Haase to amend the motion that both sides along with the
Building Department study the conditions and come back by May 2016 with recommendations.
Upon roll vote, Councilmembers Paulick, Steele, Donaldson, Hehnke, Haase, Jones, and Stelk
voted aye. Councilmembers Minton, Fitzke, and Nickerson voted no. Motion adopted.
Upon roll call of the main motion, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke,
Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion
adopted.
RESOLUTIONS:
#2015-297 - Consideration of Approving a New Olympic Bunker Trap Range Venue at the
Heartland Public Shooting Park. Parks and Recreation Director Todd McCoy reported that the
Grand Island Skeet and Sporting Clays Club, Inc. recently approached the City with the idea of
adding a new Olympic Bunker Trap venue at HPSP. GI Skeet and Sporting Clays Club proposed
to raise all the funds necessary to build the estimated $270,000.00 improvement. Upon
completion of the project the City would be responsible for maintaining the improvement and
servicing the equipment and operational expenses such as electrical for the bunker trap as it does
the other venues at HPSP.
Comments were made concerning the increase in FTE's in the future.
Motion by Minton, second by Paulick to approve Resolution #2015-297. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Hehnke, second by Donaldson to approve the Claims for the period of October 24,
2015 through October 27, 2015, for a total amount of$6,600,084.58. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:26 p.m.
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RaNae Edwards
City Clerk