08/22/2017 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
August 22, 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 August 22, 2017. Notice of the meeting was given in The Grand Island Independent
on August 16, 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, 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, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public Works
Director John Collins.
Mayor Jensen introduced Community Youth Council members Cynthia Serrano and Abigayle
Weese.
INVOCATION was given by Pastor Bill Rowland, Beacon of Hope Church, 2525 West State
Street followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Reco�nition of Patricia Buettner Parks and Recreation Administrative Assistant for 35 Years of
Service with the City of Grand Island. The Mayor and City Council recognized Parks &
Recreation Administrative Assistant Patricia Buettner for 35 years of service with the City of
Grand Island. Ms. Buettner was present for the recognition.
BOARD OF EQUALIZATION: Motion by Minton, second by Donaldson to adjourn to the
Board of Equalization. Motion adopted.
#2017-BE-4 - Consideration of Determinin� Benefits and Levy Special Assessments for Sterlin�
Estates Fourth Subdivision — Ebony Lane; Pavin� District No. 1262. Public Works Director John
Collins reported that work had been completed on Paving District No. 1262 located in Sterling
Estates Fourth Subdivision — Ebony Lane. The costs for this project would be assessed to the
adjacent property owners. Staff recommended approval.
Motion by Fitzke, second by Minton to approve Resolution #2017-BE-4. Upon roll call vote, all
voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Minton, second by Fitzke to return to Regular
Session. Motion adopted.
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Page 2, City Council Regular Meeting, August 22, 2017
PUBLIC HEARINGS:
Public Hearin� on Request to Rezone 1104 and 1120 East Bismark Road from R-2 — Low
Density Residential to B-2 — General Business (William & Kristine Carey). Regional Planning
Director Chad Nabity reported that a request had been made to rezone approximately 10.24 acres
of land north of Bismark Avenue and west of Stuhr Road from R-2 — Low Density Residential to
B-2 — General Business. Staff recommended approval. Zack Butz, 308 North Locust Street; Bill
Carey, 1120 East Bismark Road; and Adolfo Flores, spoke in support. No further public
testimony was heard.
Public Hearin� on Acquisition of Sidewalk Easement at 2221 West Charles Street (Maloy2
Public Works Director John Collins reported that the property owner at 2221 West Charles Street
was notified by Code Enforcement of a broken sidewalk in the public right-of-way adjacent to
the property. Due to the age of the tree and the sidewalk repairs necessary the property owner
requested to curve the sidewalk around the tree, rather than removing or trimming the tree back.
A sidewalk easement was needed. Staff recommended approval. No 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:
#9643 - Consideration of Request to Rezone 1104 and 1120 East Bismark Road from R-2
— Low Density Residential to B-2 — General Business (William & Kristine Carey)
#9644 - Consideration of Assessments for Sterling Estates Fourth Subdivision — Ebony
Lane; Paving District No. 1262
#9645 — Consideration of Intent to Annex Cornhusker Army Ammunition Plant
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.
#9643 - Consideration of Request to Rezone 1104 and 1120 East Bismark Road from R-2
— Low Density Residential to B-2 — General Business (William & Kristine Carey)
This item was related to the aforementioned Public Hearing.
Motion by Donaldson, second by Fitzke to approve Ordinance #9643.
City Clerk: Ordinance #9643 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, August 22, 2017
City Clerk: Ordinance #9643 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 #9643 is declared to be lawfully adopted upon publication as required by
law.
#9644 - Consideration of Assessments for Sterling Estates Fourth Subdivision — Ebony
Lane; Paving District No. 1262
This item was related to the aforementioned Board of Equalization.
Motion by Stelk, second by Jones to approve Ordinance #9644.
City Clerk: Ordinance #9644 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 #9644 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 #9644 is declared to be lawfully adopted upon publication as required by
law.
#9645 — Consideration of Intent to Annex Cornkusker Army Aminunition Plant
Regional Planning Director Chad Nabity reported that the Grand Island City Council had
approved the former Cornhusker Army Ammunition Plant (CAAP) property between 60th Road
and Schauppsville Road and Husker Highway and Airport Road in Hall County as Blighted and
Substandard. As a formerly used defense site in a County with a City of the First Class it was
possible for the City Council to approve redevelopment projects within boundaries of CAAP
provided certain requirements were met. One of those was that the City Council must pass an
ordinance of intent to annex the formerly used defense site. Staff recommended approval.
Jay Vavricek, 2729 Brentwood Blvd. asked several questions regarding sewer, electrical and
spoke in a neutral position. City Administrator Marlan Ferguson explained the history of the
CAAP land and the state statutes allowing development on property not annexed but with an
intent to annex in the future.
Motion by Minton, second by Nickerson to approve Ordinance #9645.
City Clerk: Ordinance #9645 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 Paulick, Steele,
Page 4, City Council Regulaz Meeting, August 22, 2017
Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember
Haase voted no. Motion adopted.
City Clerk: Ordinance #9645 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 Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and
Nickerson voted aye. Councilmember Haase voted no. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9645 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Donaldson, second by Hehnke to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approvin� Minutes of August 8, 2107 Citv Council Re�ular Meetin�.
Anprovin� Minutes of August 15, 2017 Citv Council Special Meetin�.
#2017-222 - A�provin� Bid Award for Liquid Ortho-Polyphosphate for Corrosion Control with
Carus Phosphates Inc. of Peru Illinois in an Annual Amount estimated at $85,568.40.
#2017-223 - Approvin� Agreement for Transmission Operator Services with Omaha Public
Power District.
#2017-224 - Approving Power Purchase Agreement with Sol Svstems, LLC for a Pilot Solar
Pro' ect.
#2017-225 - A�provin� 2017 GIPD and HCSO Justice Assistance Grant (JAG) Application and
Fundin�. Councilmember Jones abstained.
#2017-226 - A�provin� Small Cell License and Pole Attachment A�reement with Verizon
Wireless.
#2017-227 - A�rovin� External Search Firm for WWTP Engineer Position with Mid-America
Placement Services Inc. of Omaha Nebraska in an Amount between $13,985.00 and
$20,702.00.
#2017-228 - A�proving Acquisition of Sidewalk Easement at 2221 West Charles Street (Malov).
#2017-229 - Approving Chan�e Order No. 1 for Annual Pavement Markings for the Streets
Division of the Public Works Department with Straight-Line Striping, Inc. of Grand Island,
Nebraska for an Increase of $7 000.00 an a Revised Contract Amount of $93,690.95.
#2017-230 - A�roving Change Order No. 1 for Sanitary Sewer Collection Svstem
Rehabilitation — Various Locations• Project No. 2017-S-2A with The Diamond En�ineerin�
Page 5, City Council Regalaz Meeting, August 22, 2017
Company of Grand Island, Nebraska for an Increase of $44,632.63 and a Revised Contract
Amount of $349,012.79.
#2017-231 - A�proving Chan�e Order No. 1 for Curb Ramp Project No. 2017-CR-1 with Galvan
Construction, Inc. of Grand Island, Nebraska for an Increase of $345.00 and a Revised Contract
Amount of $109,885.99.
#2017-232 - A�proving Certificate of Final Completion for Concrete Dewaterin� Pad; Project
No. 2016-WWTP-1 at the Wastewater Treatment Plant with Starostka Group Unlimited, Inc. of
Grand Island, Nebraska.
#2017-233 - A�rovin� Certificate of Final Completion for Sanitarv Sewer District No. 538T;
North En�leman Road with Van Kirk Bros. Contractin� of Sutton, Nebraska.
#2017-234 - Approving A�reement with NDOR-Intermodal Plannin� Division for the Grand
Island Area Metropolitan Planning Or�anization (GIAMPO) for the 2018 Fiscal Year TRANSIT,
Section 5305, Transportation Planning Pro rg am.
#2017-235 - Approving Change Order No. 1(Time Extension from September 1, 2017 to
December 15 2017) for North Broadwell Avenue Drainage Proiect No. 2017-D-3 with The
Diamond En ineering Company of Grand Island, Nebraska.
#2017-236 - Ap�rovin� ing eering Consultin� A�reement for 13th Street Roadwav
Improvements• Pro�ect No. 2018-P-1 with Alfred Benesch & Company of Lincoln, Nebraska in
an Amount of $15,000.00.
#2017-237 - A�roving Agreement with Clean Community S st�
REQUESTS AND REFERRALS:
Consideration of Request from Rachel Dieken (aka Rachel Senf� to Allow Privacy Fence in
Public Ri�ht-of-Wav. Public Works Director John Collins reported that on July 3, 2017 Code
Enforcement received a complaint of a privacy fence in the public right-of-way at 2320 West 6tn
Street, causing a sight obstruction for neighboring property owner leaving their driveway. Ms.
Dieken applied for a license agreement which was denied by the Public Works Department under
City Code Sections 32-69 and 20-11. Ms. Dieken requested an appeal to the license agreement
denial.
Motion by Fitzke, second by Donaldson to deny the request from Rachel Dieken to allow a
privacy fence in the public right-of-way.
Rachel Senff, 2320 West 6th Street spoke in support. Discussion was held regarding the right-of-
way, City Code requirements, and public safety issues. City Attorney Jerry Janulewicz stated the
previous fence was legal as it was set back within City Code requirements but the new fence was
put in the right-of-way causing sight obstruction.
Page 6, City Council Regular MeeGng, August 22, 2017
Motion by Haase, second by Nickerson to defer this issue to the Public Works Department. Upon
roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Hehnke, Haase, Jones, Stelk, and
Nickerson voted aye. Councilmember ponaldson voted no. Motion adopted.
RESOLUTIONS:
#2017-23 8— Consideration of Reportin� Golf Operations in the General Fund Instead of an
Enterprise Fund. Finance Director Renae Jimenez reported that currently the operations of the
Golf course had been handled as an enterprise fund. Due to the decrease in golf rounds and
decrease in revenue the question had been raised as to whether or not the golf operations should
be reported in the general fund.
Parks & Recreation Director Todd McCoy answered questions regarding managing an Enterprise
Fund vs General Fund. He stated there would be no change in personnel.
Motion by Haase, second by Minton to approve Resolution #2017-238. Upon roll call vote, all
voted aye. Motion adopted.
AYMENT OF CLAIMS:
Motion by Minton, second by Fitzke to approve the payment of claims for the period of August
9, 2017 through August 22, 2017 for a total amount of $7,893,813.19. Upon roll call vote,
Councilmembers Steele, Minton, Fitzke, Donaldson, Haase, Jones, Stelk, and Nickerson voted
aye. Councilmember Paulick abstained. Motion adopted.
SPECIAL ITEMS:
#2017-218 - Approval of 2018 Recommended FTEs for the General Fund. Cit
Marlan Ferguson stated this item was being brought back for discussion from
2017 City Council meeting.
Council recessed at 8:44 p.m. and reconvened at 8:55 p.m.
The following people spoke supporting the Public Safety positions:
• Cody Harrie, 2654 St. Patrick Street
• Jarret Daugherty, FOP President
• Phil Thomas, IAFF President
• Darren Garrion, NE IAFF President, Omaha, Nebraska
• Jay Vavricek, 2729 Brentwood Blvd.
• Dan Quick, 1019 Kennedy Drive
Motion by Minton, second by Nickerson to approve Resolution #2017-218.
y Administrator
the August 15,
Discussion was held concerning sustainability and higher taxes. Fire Chief Cory Schmidt
commented on the number of staff, response time, impact of closing Station #3 and overtime.
Page 7, City Council Regulaz Meeting, August 22, 2017
Each councilmember commented on the importance of Public Safety and how best to balance the
2017-20189 budget and beyond.
Motion by Nickerson, second by Jones to retain all 3 iirefighters. Upon roll call vote,
Councilmembers Paulick, Steele, Fitzke, Jones, Stelk, and Nickerson voted aye.
Councilmembers Minton, Donaldson, Hehnke, and Haase voted no. Motion adopted. Mayor
Jensen exercised his right and vetoed the motion.
Motion by Paulick, second by Nickerson to override the Mayor's veto. Upon roll call vote,
Councilmembers Paulick, Steele, Fitzke, Jones, and Nickerson voted aye. Councilmembers
Minton, Donaldson, Hehnke, Haase, and Stelk voted no. Motion failed.
Motion by Donaldson, second by Minton to maintain 1 firefighter, 2 CSO and 1 Police Officer
position. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson,
Hehnke, Stelk, and Nickerson voted aye. Councilmembers Haase and Jones voted no. Motion
adopted.
ADJOURNMENT: The meeting was adjourned at 10:25 p.m.
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RaNae Edwards
City Clerk