02/14/2017 Minutes�
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 14, 2017
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 February 14, 2017. Notice of the meeting was given in The Grand Island Independent
on February 8, 2017.
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, City Attorney Jerry Janulewicz, and Public Works
Director John Collins.
Mayor Jensen introduced Community Youth Council member Katelyn Hill.
INVOCATION was given by Pastor Michael Reiners, Peace Lutheran Church, 1710 N. North
Road followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EOUALIZATION: Motion by Minton, second by Nickerson to adjourn to the
Board of Equalization. Motion adopted.
#2017-BE-1 - Consideration of Determining Benefits for Sanitary Sewer District No. 528. Public
Works Director John Collins reported that Sanitary Sewer District No. 528 was created at the
request of four property owners in the Wildwood Subdivision. The district was originally created
as an assessment district which should have been a tap district. Staff recommended approval
from Council to establish the tap connection fees for Sanitary Sewer District 528.
Michael Rickert, attorney for Rich & Sons Camper Sales and Greg Neuhaus, attorney for Robco,
LLC spoke regarding the connection fees that had been paid by their clients to the City. They
requested no action be taken at this time. City Attorney Jerry Janulewicz explained the
assessment process. Discussion was held regarding assessment districts versus tap districts.
Motion by Haase, second by Fitzke to approve Resolution #2017-BE-1. Upon roll call vote,
Councilmembers Paulick, Steele, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted
aye. Councilmember Minton voted no. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to
Regular Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearin on�Request from Salome Bernal dba Re d�padas, 1403 S. Eddy Street for a Class
"P' Liquor License. City Clerk RaNae Edwards reported that an application for a Class "I" Liquor
Page 2, City Council Regular Meeting, February 14, 2017
License had been received from Salome Bernal dba Rey de Espadas, 1403 S. Eddy Street. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on January 23, 2017; notice to the general public
of date, time, and place of hearing published on February 4, 2017; notice to the applicant of date,
time, and place of hearing mailed on January 23, 2017; along with Chapter 4 of the City Code.
Staff recommended denial based on the Police Department report and the Nebraska Liquor
Control Commission Rules and Regulations — 010.01 Falsification of Application and Nebraska
State Statute 53-125. No public testimony was heard.
Public Hearin� on Redevelopment Plan for CRA Area 6 located at 204 Carey Avenue (Think
Smart, LLC). Regional Planning Director Chad Nabity reported that Think Smart Properties LLC
has submitted an application for Tax Increment Financing to aid in the redevelopment of
property to acquire and prepare for the construction of a four-unit apartment building at 204 N.
Carey Avenue, at the northwest corner of George and Carey Streets. Staff recommended
approval. Keith Reinders, 2706 Pioneer Boulevard spoke in support. No further public testimony
was heard.
Public Hearing on an Amendment to Redevelopment Plan for CRA Area 1 located at 112 West
2nd Street (Peaceful Root, LLC� Regional Planning Director Chad Nabity reported that Peaceful
Root LLC, the owner of the former Brown Hotel had submitted a proposed amendment to the
redevelopment plan that would provide for renovation and redevelopment of this property for
commercial and residential uses at 112 West 2"d Street. Staff recommended approval. Amos
Anson, 4234 Arizona Avenue spoke in support. No further public testimony was heard.
Public Hearing on CRA Area 20 Blighted and Substandard Studv for 285.26 Acres at the Former
Cornhusker Arm�Ammunition Plant located at the Northwest Corner of 70th and Old Potash
Highwav (Pat O'Neill� Regional Planning Director Chad Nabity reported that Patrick O'Neill,
owner of O'Neill Wood Resources, commissioned a Blight and Substandard Study for Proposed
Redevelopment Area No. 20 to be prepared by Marvin Planning Associates of David City, Nebraska.
The study area included approximately 285.26 acres referred to as CRA Area No. 20. The study
focused on property located north of Old Potash Highway and west of Alda Road. Staff
recommended approval. Pam Lancaster representing the Hall County Board of Supervisors;
Jason Hornady, 2517 Apache Road; Ron Depue, 308 N. Locust Street; Keith Marvin, David
City, Nebraska; and Dave Taylor, 123 North Locust Street spoke in support. No further public
testimony was heard.
Public Hearin� on CRA Area 21 Blighted and Substandard Study for 35.62 Acres located along
U.S. Hi hway 30, North of Seedling Mile Road and East of Stuhr Road (Craig & Lesa Dixson�
Regional Planning Director Chad Nabity reported that Craig and Lesa Dixson, owners of CIK
Investments, commissioned a Blight and Substandard Study for Proposed Redevelopment Area
No. 21 to be prepared by Marvin Planning Associates of David City, Nebraska. The study area
included approximately 35.62 acres referred to as CRA Area No. 21. The study focused on
property located north of Seedling Mile Road and east Stuhr Road in eastern Grand Island. Staff
recommended approval. Ron Depue, 308 North Locust Street; Keith Marvin, David City,
Nebraska; and Tracy Howard, 2314 Highway 30 representing Wilson Trailer Company spoke in
support. No further public testimony was heard.
Page 3, Ciry Council Regulaz Meeting, February 14, 2017
Public Hearing on CRA Area 22 Blighted and Substandard Study for 281.8 Acres at the Former
Cornhusker ArmY Ammunition Plant located North of Old Potash Hi�,hway and West of 80th
Road (Platte River Industrial Park, LLC). Regional Planning Director Chad Nabity reported that
Platte River Industrial Park LLC, an affiliate of Hornady Manufacturing, commissioned a Blight
and Substandard Study for Proposed Redevelopment Area No. 22 to be prepared by Marvin
Planning Associates of David City, Nebraska. The study area included approximately 281.80
acres at the former Cornhusker Army Ammunition Plant referred to as CRA Area No. 22. The
study focused on property located north of Old Potash Highway and west of 80th Road. Staff
recommended approval. Pam Lancaster representing the Hall County Board of Supervisors;
Jason Hornady, 2517 Apache Road; Keith Marvin, David City, Nebraska; and Dave Taylor, 123
North Locust Street spoke in support. No further public testimony was heard.
Public Hearing on Establishing Fonner Park Business Improvement District. City Attorney Jerry
Janulewicz reported that the Fonner Park Business Improvement District 2013 expired in 2016 as
a result of a termination date contained in the 2013 ordinance creating the district. Business
owners within the district were seeking re-establishment of the Fonner Park Business
Improvement District. Staff recommended approval. No public testimony was heard.
Public Hearin� on Establishin� South Locust Street Business Improvement District. City
Attorney Jerry Janulewicz reported that the South Locust Street Business Improvement District
2013 expired in 2016 as a result of a termination date contained in the 2013 ordinance creating
the district. Business owners within the district were seeking re-establishment of the South
Locust Street Business Improvement District. Staff recommended approval. Jack Armstrong, 106
Brookline Drive spoke in opposition. Cindy Johnson representing the Chamber of Commerce
spoke in support. No further public testimony was heard.
ORDINANCES:
Councilmember Minton moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9622 - Consideration of Approving Establishing Fonner Park Business Improvement
District
#9623 - Consideration of Approving Establishing South Locust Street Business
Improvement District
#9624 - Consideration of Vacation of West 7th Street; Broadwell Avenue to Jefferson
Street & Madison Street; Broadwell Avenue South to the Alley (Grand Island Public
Schools)
#9625 - Consideration of Amending the Salary Ordinance
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.
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Page 4, City Council Regular Meeting, February 14, 2017
#9622 - Consideration of Approving Establishing Fonner Park Business Improvement
District
This item was related to the aforementioned Public Hearing.
Motion by Donaldson, second by Minton to approve Ordinance #9622.
City Clerk: Ordinance #9622 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 #9622 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 #9622 is declared to be lawfully adopted upon publication as required by
law.
#9623 - Consideration of Approving Establishing South Locust Street Business
Improvement District
This item was related to the aforementioned Public Hearing.
Motion by Stelk, second by Hehnke to approve Ordinance #9623.
City Clerk: Ordinance #9623 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 #9623 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 #9623 is declared to be lawfully adopted upon publication as required by
law.
#9624 - Consideration of Vacation of West 7th Street; Broadwell Avenue to Jefferson
Street & Madison Street; Broadwell Avenue South to the Alley (Grand Island Public
Schools)
Councilmember Steele recused himself from this item.
Public Works Director John Collins reported that the Grand Island Public Schools has submitted
a written request to vacate a portion of 7th Street, from Broadwell Avenue to Jefferson Street to
accommodate the rebuilding of Jefferson Elementary. Staff recommended approval.
Page 5, City Council Regular Meeting, February 14, 2017
Virgil Harden representing the Grand Island Public Schools and Ken Scholl, 1504 West 6�` Street
spoke in support.
Motion by Nickerson, second by Paulick to approve Ordinance #9624.
City Clerk: Ordinance #9624 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 #9624 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 #9624 is declared to be lawfully adopted upon publication as required by
law.
#9625 - Consideration of Amending the Salary Ordinance
Human Resource Director Aaron Schmid reported that the proposed change to the salary
ordinance would create the non-union position of Transit Program Manager. Staff recommended
approval. Discussion was held regarding the position and salary comparison.
Motion by Paulick, second by Fitzke to approve Ordinance #9625.
City Clerk: Ordinance #9625 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 #9625 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 #9625 is declared to be lawfully adopted upon publication as required by
law.
Council recessed at 8:50 p.m. and reconvened at 8:55 p.m.
CONSENT AGENDA: Motion by Donaldson, second by Minton to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Ap rp ovin� Minutes of January 24, 2017 City Council Regular Meetin�
Approving Minutes of February 7, 2017 City Council Studv Session.
Receipt of Official Document — Tort Claim filed by Tim and Lisa Spiehs.
Page 6, City Council Regulaz Meeting, Februazy 14, 2017
#2017-19 - A� rp oving Final Plat and Subdivision Agreement for Nagy's Third Subdivision. It
was noted that J& B Rentals, LLC (William and Julann Ziller), owners, had submitted the Final
Plat and Subdivision Agreement for Nagy's Third Subdivision located north of 5�' Street and
west of Plum Street for the purpose of creating 21ots on 0.132 acres.
#2017-20 - Approving Purchase of a 2017 Coal Dozer for Platte Generating Station from NJPA
Contract No. 032515 in the amount of $980,898.00.
#2017-21 - A�proving Bid Award for Pine Street Pump #3 Replacement with Iowa Pump Works
of Ankeny, Iowa in an Amount of $28.594.50.
#2017-22 - A� roving Bid Award for Precipitator, Bottom Ash & Boiler Industrial Cleanin�
S�ring 2017 with Mevlan Entemrises, Inc. of Omaha, Nebraska in an Amount of $142 228.34.
#2017-23 - Approving CDBG Contract #2016-1 with Housing Development Corporation.
#2017-24 - A�proving CDBG Contract #2016-2 with The Literacy Council of Grand Island,
LLC.
#2107-25 - A�provin� Request to the State of Nebraska for CDBG Grant 10-ED-010 Contract
Extension.
#2017-26 - Approving Changes to Guidelines for CDBG Pro�ram Income Reuse Funds.
#2017-27 - Approving Bid Award for Draina�e Ditch Grading Excavating and Hauling 2017
with Harders Dozer and Scraper, LLC of Cairo, Nebraska; Kit Held Trucking LLC of Leigh
Nebraska; O'Neil Transportation and Equipment LLC of Grand Island, Nebraska• and Starostka
Group Unlimited, Inc. of Grand Island, Nebraska.
#2017-28 - A� roving Change Order No. 1 for Community Development Block Grant Handica�
Ramps 4th to Sth Streets; Sycamore Street to Eddv Street• Project No. 2014-2G with Saul Ramos
Construction. Inc. of Shelton, Nebraska for an Increase of $5,300.00 and a Revised Contract
Amount of $720,165.00.
#2017-29 - Approving Designation of Sole Source Provider for Liquid Clay Spray at the Grand
Island Landfill with Enviro-Group, Inc. of Green Wood, Indiana.
#2017-30 - A�proving Award of Sanitary Sewer Collection Svstem Flow Meters for the
Wastewater Division of the Public Works Department off the Minnesota State bid with gpm of
Blair, Nebraska in an Amount of $22,391.00.
#2017-31 - A� roving Agreement for En�ineering Consulting Services Related to Svcamore
Street Underpass Rehabilitation with Alfred Benesch & Com�anv of Lincoln Nebraska in an
Amount of $70,912.00.
Page 7, City Council Regulaz Meeting, Februa�y 14, 2017
#2017-32 - A rovin� A�reement for Engineering Consultin� Services Related to West StolleX
Park Road and Engleman Road Sanitarv Sewer Extension; Project No. 2017-5-3 with Olsson
Associates of Lincoln, Nebraska in an Amount of $98,840.00.
#2017-33 - Approvin�greement for En ing eerin� Consultin� Services Related to Central
Nebraska Re�ional Airport Sanitary Sewer Collection Svstem Rehabilitation with HDR
En ineerin�, Inc. of Omaha, Nebraska in an Amount of $35,550.00.
#2017-34 - Approving Agreement for En ing eering Consulting Services Related to Five Points
Si�nal and Geometric Improvements with Olsson Associates of Lincoln, Nebraska in an Amount
of $72,550.00.
#2017-35 - A� rovin� Continuation of Street Improvement District No. 1262• Sterling Estates
Fourth Subdivision — Ebony Lane.
#2017-36 - Approvin� Bid Award for Sterling Estates Fourth Subdivision — Ebony Lane• Paving
District No. 1262 with The Diamond En ing eering Compan,y of Grand Island Nebraska in an
Amount of $172,967.00.
RESOLUTIONS:
#2017-37 - Approvin�Request from Salome Bernal dba Re,�padas 1403 S. Eddv Street
for a Class "I" Liquor License. This item was related to the aforementioned Public Hearing. Staff
recommended denial.
Motion by Stelk, second by Paulick to deny Resolution #2017-37 based on the Police
Department report and the Nebraska Liquor Control Commission Rules and Regulations —
010.01 Falsification of Application and Nebraska State Statute 53-125. Upon roll call vote, all
voted aye. Motion adopted.
#2017-38 - Consideration of A� roving Redevelopment Plan for CRA Area 6 located at 204
Carey Avenue (Think Smart, LLC� This item was related to the aforementioned Public Hearing.
Motion by Donaldson, second by Minton to approve Resolution #2017-38. Upon roll call vote,
all voted aye. Motion adopted.
#2017-39 - Consideration of Approving an Amendment to the Redevelopment Plan for CRA
Area 1 located at 112 West 2nd Street (Peaceful Root, LLC� This item was related to the
aforementioned Public Hearing. Mr. Nabity answered questions regarding parking.
Motion by Nickerson, second by Hehnke to approve Resolution #2017-39. Upon roll call vote,
all voted aye. Motion adopted.
#2017-40 - Consideration of Approving CRA Area 20 Bli�hted and Substandard Stud�
285.26 Acres at the Former Cornhusker Armv Ammunition Plant located at the Northwest
Corner of 70th and Old Potash Hi hwa�(Pat O'Neill� This item was related to the
Page 8, City Council Regulaz Meeting, February 14, 2017
aforementioned Public Hearing. Comments were made concerning developing areas outside of
the City limits. Annexation was discussed.
Motion by Minton, second by Donaldson to approve Resolution #2017-40. Upon roll call vote,
all voted aye. Motion adopted.
#2017-41 - Consideration of Approving CRA Area 21 Blighted and Substandard Study for 35.62
Acres located along U.S. Hi�hwav 30, North of Seedling Mile Road and East of Stuhr Road
(Craig & Lesa Dixson� This item was related to the aforementioned Public Hearing. Ron Depue
attorney for the applicants commented on concerns by Council regarding residential homes being
designated as blighted and substandard.
Motion by Paulick, second by Donaldson to approve Resolution #2017-41. Upon roll call vote,
all voted aye. Motion adopted.
#20_17-42 - Consideration of Approving CRA Area 22 Bli�hted and Substandard Studv for 281.8
Acres at the Former Cornhusker Army Ammunition Plant located in North of Old Potash
Hi�hway and West of 80th Road (Platte River Industrial Park, LLC� This item was related to the
aforementioned Public Hearing. Councilmember Fitzke recused herself from this item.
Motion by Nickerson, second by Minton to approve Resolution #2017-42. Upon roll call vote, all
voted aye. Motion adopted.
#2017-43 - Consideration of Approving Tap Fees for Sanitarv Sewer District No. 528. This item
was related to the aforementioned Public Hearing. Discussion was held concerning the policy of
the City having assessment districts instead of tap districts. Mr. Collins stated he strongly
preferred assessment districts unless there were unusual circumstances where a tap district was
best used.
Motion by Haase, second by Fitzke to approve Resolution #2017-43. Upon roll call vote, all
voted aye. Motion adopted.
#2017-44 - Consideration of Approving Agreement with the Central Nebraska Humane Societ�
City Attorney Jerry Janulewicz reported that the City of Grand Island and Central Nebraska
Humane Society (CNHS) previously entered into an agreement for CNHS to provide Animal
Control and Pet Licensing services for the City. By its terms, this agreement expired at midnight
on October 31, 2016. On October 25, 2016, Council approved a proposed agreement for animal
control services with CNHS for a one-year term, with automatic annual renewals unless either
party gave notice on non-renewal. However, the agreement approved by Council on October 25
was not approved by the CNHS Board of Directors. Following notice that CNHS did not approve
the agreement, City's legal staff engaged in negotiations with CNHS, represented by its Director
and a lawyer-board member, resulting in the agreement now before Council. Staff recommended
approval.
City Attorney Jerry Janulewicz answered questions regarding the negotiations of the agreement
and stated Police Chief Robert Falldorf had been involved.
Page 9, City Council Regular Meeting, February 14, 2017
Motion by Nickerson, second by Hehnke to approve Resolution #2017-44. Upon roll call vote,
all voted aye. Motion adopted.
#2017-45 - Consideration of Approving Purchase of Fiber Optic Cables for the New EM-911
Buildin�. Emergency Management Director Jon Rosenlund reported that the construction of the
new EM-911 building required high speed data connectivity back to the City and County IT
networks. The Emergency Management Department recommended the purchase of Fiber Optic
Cable from Graybar Electric Company of Jefferson City, Missouri in the amount of $20,164.14
for its installation by the Grand Island Utilities Department.
Motion by Minton, second by Paulick to approve Resolution #2017-45. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Fitzke to approve the Claims for the period of January 25, 2017
through February 14, 2017 for a total amount of $6,880,648.91. Upon roll call vote,
Councilmembers Steele, Minton, Fitzke, Donaldson, Haase, Hehnke, Stelk, and Nickerson voted
aye. Motion adopted. Councilmember Paulick abstained.
ADJOURNMENT: The meeting was adjourned at 9:36 p.m.
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RaNae Edwards
City Clerk