11/14/2017 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 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 November 14, 2017. Notice of the meeting was given in The Grand Island
Independent on November 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, Julie Hehnke, Linna Dee Donaldson,
Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmembers Chuck
Haase and Jeremy Jones were absent. The following City Officials were present: City Clerk
RaNae Edwards, Finance Director Renae Jimenez, City Attorney Jerry Janulewicz, and Public
Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Megan Woods.
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 Minton, second by Paulick to adjourn to the Board
of Equalization. Motion adopted.
#2017-BE-7 - Consideration of Determining Benefits for Sanitarv Sewer District No. 539; North
Webb Road and 13th Street. Public Works Director John Collins reported that work had been
completed and connection fees had been calculated. Total project cost was $104,820.49 with an
assessable amount of $69,430.57. Staff recommended approval.
Don Batenhorst, 4180 Texas Avenue spoke in opposition on behalf of his father. Public Works
Director John Collins and City Attorney Jerry Janulewicz answered questions concerning the
cost to the property owners.
Motion by Donaldson, second by Minton to approve Resolution #2017-BE-7. 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.
PUBLIC HEARINGS:
Public Hearin� on Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC,
217 E. Stolley Park Road, Suite I& J for a Class "C" Liquor License. City Clerk RaNae
Edwards reported that an application for a Class "C" Liquor License had been received from
Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf, LLC, 217 E. Stolley Park Road, Suite I&
J. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on October 17, 2017; notice to the general
Page 2, City Council Regulaz Meeting, November 14, 2017
public of date, time, and place of hearing published on November 4, 2017; notice to the applicant
of date, time, and place of hearing mailed on October 17, 2017; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon final inspections. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement - 2405 E. Stollev P�'k Road - John C.
Hoffman. Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2405 E. Stolley Park Road was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. This easement
would allow the Utilities Department to install, operate and maintain the new underground
electric service lines and related infrastructure for a new residence at this location. Staff
recommended approval. No public testimony was heard.
Public Hearin o� n Acquisition of Utilitv Easement - 3333 Ramada Road - Southeast Crossin�s,
LLC. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at
3333 Ramada Road was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. This easement would allow the Utilities
Department to have access, extend, operate and maintain the underground power lines and
transformer that service the Borders Inn Hotel property. Staff recommended approval. No public
testimony was heaxd.
Public Hearin� on Acquisition of Utilitv Easement - South of One-R Road and West of Hwv.
281 - Petersen. Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located south of One-R Road and west of Hwy 281 was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. This
easement would allow the Utilities Department access to extend, operate and maintain power
lines for the irrigation wells in the area. Staff recommended approval. No public testimony was
heard.
Public Hearin og n Request to Rezone Property Located on the East Side of Boggs Avenue from
Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium Densitv
Residential (T.C. Enck Builders, Inc.). Regional Planning Director Chad Nabity reported that
Todd Enck had submitted an application to rezone property located on the east side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3 Medium
Density Residential in order to accommodate the construction of two new duplexes. Staff
recommended approval. No public testimony was heard.
Public Hearin on Request to Rezone Propertv Located South of Capital Avenue and West of the
Union Pacific Railroad Tracks from R-3 Medium Density Residential to R-3 SL Medium
Density Residential Small Lot (Habitat for Humani�). Regional Planning Director Chad Nabity
reported that Habitat for Humanity had submitted an application to rezone property located south
of Capital Avenue and west of the Union Paciiic Railroad Tracks from R-3 Medium Density
Residential to R-3 SL Medium Density Residential Small Lot in order to accommodate 25
percent more homes on this land parcel. Staff recommended approval. Amos Anson, 4234
Arizona Avenue and Dana Jelineck, 502 West 2"d Street spoke in support. No further public
testimony was heard.
Page 3, City Council Regular Meeting, November 14, 2017
Public Hearin og n Request to Rezone Propertv Located South of Lake Street and West of South
Locust Street from LLR Lar�e Lot Residential to B-2 General Business (LBJM, LLC). Regional
Planning Director Chad Nabity reported that LBJM, LLC had submitted an application to rezone
property located south of Lake Street and west of South Locust Street from LLR Large Lot
Residential to B-2 General Business in order to accommodate business uses across the entire
parcel. Staff recommended approval. No public testimony was heard.
Public Hearing on Amendment to the Redevelopment Plan for CRA Area No. 25 located at the
Formerly Used Defense Site in Hall County (Husker Harvest Da�). Regional Planning Director
Chad Nabity reported that Farm Progress, owners had proposed to redevelopment plan for the
Husker Harvest Days site with improved water, roads, electrical systems, drainage and perimeter
fencing. Council was being asked to approve a resolution approving the redevelopment plan for
the Husker Harvest Days site along with the contract and interlocal agreement with the CRA to
fund the project using public funds. The resolution authorizes the CRA to execute a
redevelopment contract based on the redevelopment plan. The redevelopment plan specifies that
public funds in an amount not to exceed $2,000,000 or 2/7 of the cost of the project would be
used for redevelopment expenses associated with the project. As part of the contract, the City
would provide the CRA with up to $200,000 per year for 10 years that the CRA would use to pay
Farm Progress, reimbursing them for part of the cost of the improvements. Farm Progress would
agree to host a show comparable, or better than, those held at the site for the past 40 years for a
period of no less than 20 years. The CRA would issue a forgivable loan to Farm Progress for an
amount not to exceed $2,000,000. The CRA would forgive $100,000 of the loan principal each
year that a show was held until such time as the loan was forgiven. Farm Progress would grant a
lien to the CRA on the Farm Progress property, to be held in first position to secure the
$2,000,000 loan. Staff recommended approval. Matt Jungmann representing Farm Progress and
Cindy Johnson representing the Chamber of Commerce spoke in support. David Plautz, 4063
Manchester Road spoke in opposition of using tax dollars to support this project. No further
testimony was heard.
Public Hearing on Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815
Superior Street (Grand Island Area Habitat for Humanity, Inc.). Public Works Director John
Collins reported that Grand Island Area Habitat for Humanity, Inc. approached the City about
potentially acquiring the detention cell that is part of Kurz Subdivision and adding to the public
storm water drainage system. This added capacity to an existing cell was beneficial in a city with
little topographic relief. Maintenance of the added property would be minimal as the City had the
existing cell on a regular maintenance schedule. Staff recommended approval. No further
testimony was heard.
Public Hearing on Acquisition of Utility Easement at 2124 N Lafavette Avenue (Grand Island
Public School District). Public Works Director John Collins reported that a public utility
easement was needed at 2124 N Lafayette Avenue to accommodate existing utility infrastructure
and future development. The easement would allow for the construction, operation, maintenance,
extension, repair, replacement, and removal of public utilities within the easement. Staff
recommended approval. No further testimony was heard.
Public Hearin og n Acquisition of Land Purchase located at the Southwest Corner of North Road
and 13th Street (Meadows Apartment Homes, LLC.� City Attorney Jerry Janulewicz reported
that after the rejection of all bids for construction of a new 911-Emergency Center at the Fire
Page 4, City Council Regular Meeting, November 14, 2017
Station No.1/Fonner Road location, City staff searched for an alternative location for the facility
and located land suitable in size and location for this purpose and for relocation of Fire Station
No. 4, currently located on State Street at the southwest corner of the Menard's store and yard.
The land under consideration is owned by the Meadows Apartment Homes, LLC, and is located
at the northwest corner of the intersection of 13�' Street and North Road. The land is currently
available for lease with an option to purchase but the owner is unwilling to sell the land until
June 2018 as it was acquired in an IRS Sec. 1031 exchange and must be held by the owner for 12
months in order to preserve favorable tax treatment. The city would lease 3.746 acres until June
30, 2018 with the option to purchase at $27,500 per acre for a total of $103,015.00. Staff
recommended approval. No further testimony was heard.
RESOLUTIONS:
#2017-331 - Consideration of A�proving Amendment to the Redevelopment Plan, Interlocal
Agreement, and Redevelopment Contract for CRA Area No. 25 located at the Formerlv Used
Defense Site in Hall Count,�(Husker Harvest Da,ys). This item was related to the aforementioned
Public Hearing. Staff recommended approval. Comments were made concerning the benefits to
businesses in Grand Island and the impact on the community. Amy Allen representing Farm
Progress answered questions regarding the corporation structure. Matt Jungmann stated the
project should be completed by July 2018 weather permitting. Mr. Jungmann introduced Roger
and Jason Libby and thanked them for all the work they did at the Husker Harvest site.
Motion by Paulick, second by Donaldson to approve Resolution #2017-331. Upon roll call vote,
all voted aye. Motion adopted.
#2017-332 - Consideration of Lease A�reement with Option to Purchase from Meadows
Aparhnent Homes, LLC for Propert,y Located at the Southwest Corner of North Road and 13th
Street. This item was related to the aforementioned Public Hearing. Staff recommended
approval. Ray O'Connor, 611 Fleetwood Road spoke in support.
Motion by Nickerson, second by Fitzke to approve Resolution #2017-332. Upon roll call vote,
all voted aye. Motion adopted.
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:
#9662 - Consideration of Request to Rezone Property Located on the East Side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3
Medium Density Residential (T.C. Enck Builders, Inc.)
#9663 - Consideration of Request to Rezone Property Located South of Capital Avenue
and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to
R-3 SL Medium Density Residential Small Lot (Habitat for Humanity)
#9664 - Consideration of Request to Rezone Property Located South of Lake Street and
West of South Locust Street from LLR Large Lot Residential to B-2 General Business
(LBJM, LLC)
Page 5, City Council Regular Meeting, November 14, 2017
#9665 - Consideration of Approving Benefits for Sanitary Sewer District No. 539; North
Webb Road and 13th Street
#9666 - Consideration of Directing Sale of Fire Station No. 4, 3690 West State Street to
Menards
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, a11 voted aye. Motion
adopted.
#9662 - Consideration of Request to Rezone Property Located on the East Side of Boggs
Avenue from Fourth Street to Fifth Street from R-2 Low-Density Residential to R-3
Medium Density Residential (T.C. Enck Builders, Inc.)
This item relates to the aforementioned Public Hearing.
Motion by Stelk, second by Minton to approve Ordinance #9662.
City Clerk: Ordinance #9662 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 #9662 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 #9662 is declared to be lawfully adopted upon publication as required by
law.
#9663 - Consideration of Request to Rezone Property Located South of Capital Avenue
and West of the Union Pacific Railroad Tracks from R-3 Medium Density Residential to
R-3 SL Medium Density Residential Small Lot (Habitat for Humanity)
This item relates to the aforementioned Public Hearing.
Motion by Nickerson, second by Donaldson to approve Ordinance #9663.
City Clerk: Ordinance #9663 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 #9663 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 #9663 is declared to be lawfully adopted upon publication as required by
law.
Page 6, City Council Regulaz Meeting, November 14, 2017
#9664 - Consideration of Request to Rezone Property Located South of Lake Street and
West of South Locust Street from LLR Large Lot Residential to B-2 General Business
(LBJM, LLC)
This item relates to the aforementioned Public Hearing.
Motion by Stelk, second by Donaldson to approve Ordinance #9664.
City Clerk: Ordinance #9664 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 #9664 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 #9664 is declared to be lawfully adopted upon publication as required by
law.
#9665 - Consideration of Approving Benefits for Sanitary Sewer District No. 539; North
Webb Road and 13th Street
This item relates to the aforementioned Board of Equalization. City Attorney Jerry Janulewicz
explained what would happen if a property owner defaulted on their payments. He stated the City
Council could authorize foreclosure on the property.
Motion by Minton, second by Fitzke to approve Ordinance #9665.
City Clerk: Ordinance #9665 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 #9665 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 #9665 is declared to be lawfully adopted upon publication as required by
law.
#9666 - Consideration of Directing Sale of Fire Station No. 4, 3690 West State Street to
Menards
City Attorney Jerry Janulewicz reported that the Purchase Sale Agreement (the "Agreement") for
council consideration would, if approved by ordinance, authorize the execution of the Purchase
Sale Agreement and direct the sale of Lot One in State Subdivision in the City of Grand Island,
Hall County, Nebraska, in consideration of $103,015.00 cash consideration paid at closing. As
additional consideration for the sale of the city property, within two years of closing Menard
Page 7, City Council Regulaz Meeting, November 14, 2017
shall construct and convey to City, at Menard's cost, a new fire station pursuant to, and closing
contingent upon, the parties' reaching mutual agreement on construction plans and specifications
and a development agreement for the new fire station.
Motion by Paulick, second by Fitzke to approve Ordinance #9666.
City Clerk: Ordinance #9666 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 #9666 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 #9666 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent agenda item G-5 (Resolution #2017-309) was removed for
further discussion. Consent agenda item G-6 (Resolution #2017-310) was pulled from the agenda
at the request of the Regional Planning Department. Motion by Donaldson, second by Minton to
approve the Consent Agenda excluding items G-5 and G-6. Upon roll call vote, all voted aye.
Motion adopted.
Approving Minutes of October 24, 2107 City Council Re�ular Meeting.
Approving Minutes of November 7, 2017 City Council Study Session.
Approvin R� e_A�pointment of Hector Rubio to the Interjurisdictional Planning Commission.
#2017-308 - Approving Request from Bearded Buffalo Golf, LLC dba Bearded Buffalo Golf,
LLC, 217 E. Stolley Park Road, Suite I& J for a Class "C" Liquor License and Liquor Manager
Designation for Nicholas Papke, 727 So. Blaine Street.
#2017-309 - Approving Contract with OpenGov Program throu�h the State of Nebraska via SHI
International Corp. in an Amount of $55,284.70 and recurrin� Annual Cost of $48,944.70.
Discussion was held regarding the amount of the contract and that this item had not been
included in the 2017-2018 budget.
Motion by Minton, second by Hehnke to approve Resolution #2017-309. Upon roll call vote,
Councilmembers Minton, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye.
Councilmembers Paulick and Steele voted no. Motion adopted.
#2017-310 - Approving Final Plat and Subdivision Agreement for JGMO Subdivision. This item
was pulled at the request of the Regional Planning Department.
#2017-311 - A� rovin� Correction to Final Plat and Subdivision Agreement for Eberl
Subdivision. It was noted this will correct Resolution #2017-255 adopted on September 26,
2017.
Page 8, City Council Regulaz Meeting, November 14, 2017
#2017-312 - A�proving Acquisition of Utility Easement - 2405 E. Stolley Park Road - John C.
Hoffman.
#2017-313 - A�proving Acquisition of Utilitv Easement - 3333 Ramada Road - Southeast
Crossings, LLC.
#2017-314 - Approving Acquisition of Utility Easement - South of One-R Road and West of
Hwy. 281 — Petersen.
#2017-315 - A�proving Certificate of Final Completion for Paving Project #2015-P-6 - Jefferson
Street with The Diamond Engineering Companv of Grand Island, Nebraska.
#2017-316 - A�provin� Change Order #1 for Precipitator, Bottom Ash and Boiler Industrial
Cleanin� at PGS - Fa112017 Outa�e with W-S Industrial Services of Council Bluffs, Iowa for an
Increase of $13,016.95 and a Revised Contract Amount of $125,820.95.
#2017-317 - Approving Purchase of 2018 Compact Track Loader for the Utilities Department,
Underground Division from NJPZ Contract with the Bobcat Company in an Amount of
$59,578.64.
#2017-318 - A��roving Bid Award for One (1) Trailer Mounted Landfill Hvdro Seeder for the
Solid Waste Division of the Public Works Department with Roadbuilders Machinery & Supply
of Grand Island, Nebraska in an Amount of $39,900.00.
#2017-319 - Approving Bid Award for Cell 3 Liner and Leachate System at the Grand Island
Re�ional Landfill with Van Kirk Bros. Contracting of Sutton, Nebraska in an Amount of
$3,093,150.00.
#2017-320 - A�proving Bid Award for One (1) 2018 Transfer Trailer for the Solid Waste
Division with Wilkens Industries of Morris, Minnesota in an Amount of $56,958.00.
#2017-321 - A�proving Bid Award for One (1) 2019 90,000 GVW Conventional Truck-Tractor
for the Solid Waste Division from Hansen International, Inc. of Grand Island, Nebraska in an
Amount of $95,100.00.
#2017-322 - A�proving Bid Award for Sanitarv Sewer Collection Svstem Rehabilitation -
Various Locations Project No. 2017-S-2B with Municipal Pipe Tool Companv, LLC of Hudson,
Iowa in an Amount of $433.786.75.
#2017-323 - A�proving Acquisition of Detention Cell Land in Outlot A, Kurz Subdivision at 815
Superior Street (Grand Island Area Habitat for Humanit ,y Inc.).
#2017-324 - Approving Certificate of Final Completion for Shadv Bend Road Draina�e; Project
No. 2017-D-2 with Van Kirk Bros. Contractin� of Sutton, Nebraska.
Page 9, City Council Regulaz Meeting, November 14, 2017
#2017-325 - Approvin� Amendment No. 2 with HDR En ing eerin�, Inc. of Omaha, Nebraska for
En ine�er'�n� Services Related to Ce113 Liner Construction at the Grand Island Regional Landfill
in an Amount of $339,910.00.
#2017-326 - Approving FTE Title Change from Public Works CADD Operator to Public Works
En ing eering Technician for the En ing eerin� Division of the Public Works Department.
#2017-327 - A�proving Acquisition of Utility Easement at 2124 N Lafayette Avenue (Grand
Island Public School District).
#2017-328 - A�proving Purchase of One (1) 2018 Front End Wheel Loader for the Solid Waste
Division of the Public Works Department with NMC/Nebraska Machinery Company of
Doniphan, Nebraska in an Amount of $187,655.00.
#2017-329 - Approvin� Long Term Disability Contract Renewal Cigna Group Insurance in an
Amount of $0.255 per $100 of Wages.
#2017-330 - Approving Adoption of the 2017 Hazard Miti�ation Plan.
PAYMENT OF CLAIMS:
Motion by Minton, second by Fitzke to approve the payment of claims for the period of October
25, 2017 through November 14, 2017 for a total amount of $5,455,745.72. Upon roll call vote,
Councilmembers, Minton, Steele, Fitzke, Donaldson, Hehnke, Stelk, and Nickerson voted aye.
Councilmember Paulick abstained. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:47 p.m.
�� , , � • �-
RaNae Edwards
City Clerk