01/28/2020 Minutes;
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 28, 2020
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 January 28, 2020. Notice of the meeting was given in The Grand Island Independent
on January 22, 2020.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton,
Clay Schutz, Mitch Nickerson, and Chuck Haase. Councilmembers Justin Scott and Julie
Hehnke were absent. The following City Officials were present: City Administrator Jerry
Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney
Stacy Nonhof, and Public Works Director John Collins.
INVOCATION was given by Father pon Buhrman, St. Leo's Catholic Church, 2410 South
Blaine Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Steele introduced Community Youth Council members Carlos Tavira and Elizabeth
Miller.
PUBLIC HEARINGS:
Public Hearing on Request from Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street for a
Class "C" Liquor License. City Clerk RaNae Edwards reported that an application for a Class
"C" Liquor License had been received from Dani Enterprises, Inc. dba Sluggers, 707 West Anna
Street. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on December 30, 2019; notice to the
general public of date, time, and place of hearing published on January 18, 2020; notice to the
applicant of date, time, and place of hearing mailed on December 30, 2019; along with Chapter 4
of the City Code. Staff recommended approval contingent upon final inspections and completion
of a state approved alcohol server/seller training program. No public testimony was heard.
Public Hearing on Amendment to the Redevelopment Plan for CRA No. 17 for Phase 3 of the
Prairie Commons Development located West of Ewoldt Street, South of Husker Hi way
(Tabitha Grand Island, Inc� Regional Planning Director Chad Nabity reported that Tabitha
Grand Island, Inc. had submitted an application for tax increment financing to aid in the
redevelopment of property to prepare for the construction of a senior housing community,
offering a continuum of care. The planned development was expected to have 157 total
apartment homes, including 81 independent living apartments, 20 assisted living apartments, 20
memory care apartments, and 36 skilled nursing apartments. The proposed site is located near the
new hospital, west of Ewoldt Street and south of Husker Highway. Staff recommended approval.
John Fletcher, 4720 Randolph Street, Lincoln, Nebraska spoke in support. No further public
testimony was heard.
Page 2, City Council Regulaz Meeting, January 2g, 2020
--_____ __.,,.,.,.. ,,., ��lilll �.jlan e iocatect aouth of 13th Street East of En leman Road from
TA- Transitional A ricultural to R1- Suburban Residential Lechner Famil Partnershi .
Regional Planning Director Chad Nabity reported that the owners of a tract of land located south
of 13�' Street and east of Engleman Road were requesting that the zoning be changed from TA —
Transitional Agricultural to R1 — Suburban Residential, which would allow 4 dwelling units per
acre. Staff recommended approval. Gayle Bonnes, 12 Redwood Road spoke of safety concerns.
Greg B�ter, 2121 Na Monitor Road spoke in opposition. Tedd Lechner, 1423 Grand Island
Avenue spoke in support. No further public testimony was heard.
Public Hearin on Zonin Chan e located North of Bismark Road East of Che Street from
CD- Commercial Develo ment to RD- Residential Develo ment and Commercial Develo ment
(GOSAN INC ) Regional Planning Planner Rashad Moxey reported that the owners of a tract of
land located north of Bismark Road and east of Cherry Street were requesting that the zoning be
changed from CD — Commercial Development to RD — Residential Development and Amended
CD — Commercial Development. This would change the use from a Bowling Alley-Family
Entertainment Center to a Museum and Reception Hall. Staff recommended approval. John
Nykodym, 1104 East Oklahoma and Bethany Guzindski, 819 South Stuhr Road spoke in support.
No further public testimony was heard.
Public Hearin on Amendin Cha ter 36 of the Grand Island Cit Code re ardin Wireless
Communications Towers. Regional Planning Director Chad Nabity reported that the Legal
Department and the Hall County Regional Planning Department had been working with Bob
Duchen of River Oaks Communications Corporation in Colorado Springs, Colorado for changes
to the Grand Island Zoning Ordinance to update the rules for Macro Cell Towers. The proposed
changes would regulate the placement of macro cell towers located on private property. Staff
recommended approval. No public testimony was heard.
i u�ii� nCar�n on �vc uisition of Utilit Easement - 3020 West 14th Street - Van Hoosen &
Stubbs. Utilities Director Tim Luchsinger reported that acquisition of a utility easement located
at 3020 West 14�' Street was needed in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers. The Utilities Department would be
upgrading the overhead power lines between 14th and 15t" Streets from Webb Road to Piper
Street. Two new service poles would be relocated to accommodate electric service to three
customers at 14�' and Piper Streets. Staff recommended approval. No public testimony was
heard.
4RDINANCES:
Councilmember Minton moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9755 - Consideration of Creation of Sanitary Sewer District No. 544; Ellington Pointe
and Westwood Park Subdivision
#9756 - Consideration of Amending Salary Ordinance Relative of Meter Readers
#9757 - Consideration of Approving Benefits for Sidewalk District No. 1- 2019; 13th
Street
Page 3, City Council Regulaz Meeting, January 28, 2020
#9758 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative
to Tobacco
#9759 - Consideration of Approving Zoning Change located South of 13th Street, East of
Engleman Road from TA- Transitional Agricultural to R1- Suburban Residential
(Lechner Family Partnership)
#9760 - Consideration of Approving Zoning Change located North of Bismark Road,
East of Cherry Street from CD- Commercial Development to RD- Residential
Development and Commercial Development (GOSAN INC.)
#9761 - Consideration of Amending Chapter 36 of the Grand Island City Code Relative
Wireless Communications Towers
#9762 - Consideration of Amending Chapter 34 of the Grand Island City Code Relative
to Small Cell Antenna's in Public Right-of-Way
#9763 - Consideration of Amendments to Chapter 30 of the Grand Island City Code
Relative to Sewers and Sewage Disposal
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.
#9755 - Consideration of Creation of Sanitary Sewer District No. 544; Ellington Pointe
and Westwood Park Subdivision
Public Works Director John Collins reported that a petition for creation of a Sanitary Sewer
District to serve the new subdivision of Ellington Pointe and the existing subdivision of
Westwood Park had been received. Staff recommended approval.
Motion by Haase, second by Stelk to approve Ordinance #9755.
City Clerk: Ordinance #9755 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 #9755 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9755 is declared to be lawfully adopted upon publication as required by
law.
#9756 - Consideration of Amending Salary Ordinance Relative of Meter Readers
Human Resources Director Aaron Schmid reported that wage changes presented in this
Ordinance would create a part time Meter Reader classification. The Finance Department
recently experienced a retirement of a full time Meter Reader. After evaluating staffing needs, it
was determined that a part time position would be more appropriate to backfill the opening. Staff
Page 4, City Council Regulaz Meeting, January 28, 2020
recommended approval. Mr. Schmid answered questions regarding the wage range and stated
there was no benefits for part-time employees.
Motion by Minton, second by Schutz to approve Ordinance #9756.
City Clerk: Ordinance #9756 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 #9756 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9756 is declared to be lawfully adopted upon publication as required by
law.
#9757 - Consideration of Approving Benefits for Sidewalk District No. 1- 2019; 13th
Street
Public Works Director John Collins reported that Sidewalk District No. 1-2019 along 13th Street
had been completed for a total amount of $31,862.94 which would be assessed to the adjacent
property owners. The Board of Equalization item #2020-BE-1 was approved at the January 14,
2020 City Council meeting. The Ordinance was postponed to the January 28, 2020 City Council
meeting. Staff recommended approval.
Motion by Haase, second by Stelk to approve Ordinance #9757.
City Clerk: Ordinance #9757 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 #9757 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9757 is declared to be lawfully adopted upon publication as required by
law.
#9758 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative
to Tobacco
Interim City Attorney Stacy Nonhof reported that this ordinance amends Chapter 20 of Grand
Island City Code, Minor in Possession of Tobacco to increase the age of legally possessing
tobacco products, vapor products or alternative nicotine products in the City of Grand Island
from 19 to 21. This ordinance makes the City compliant with Federal Law on the age for legally
possessing these products. Staff recommended approval.
Page 5, City Council Regulaz Meeting, January 28, 2020
Motion by Stelk, second by Jones to approve Ordinance #9758.
City Clerk: Ordinance #9758 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 #9758 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9758 is declared to be lawfully adopted upon publication as required by
law.
#9759 - Consideration of Approving Zoning Change located South of 13th Street, East of
Engleman Road from TA- Transitional Agricultural to R1- Suburban Residential
(Lechner Family Partnership)
This item was related to the aforementioned Public Hearings. Discussion was held regarding
changing the zoning with no plan on file. Greg Baxter spoke about the liability to his company.
Mr. Nabity stated the feedlot should not stop the growth of the City.
Motion by Minton, second by Jones to approve Ordinance #9759.
City Clerk: Ordinance #9759 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 no. Motion failed.
#9760 - Consideration of Approving Zoning Change located North of Bismark Road,
East of Cherry Street from CD- Commercial Development to RD- Residential
Development and Commercial Development (GOSAN INC.)
This item was related to the aforementioned Public Hearings. Discussion was held regarding
traffic safety and the community garden which would remain. It was mentioned that there was no
plan for this property but it was in an area where housing could be developed.
Motion by Paulick, second by Conley to approve Ordinance #9760.
City Clerk: Ordinance #9760 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 Haase, Nickerson,
Minton, Conley, Stelk, Jones, and Paulick voted aye. Councilmember Schutz voted no. Motion
adopted.
City Clerk: Ordinance #9760 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 Haase, Nickerson, Minton, Conley, Stelk, Jones, and Paulick voted aye.
Councilmember Schutz voted no. Motion adopted.
Page 6, City Council Regular Meeting, January 28, 2020
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9760 is declared to be lawfully adopted upon publication as required by
law.
#9761 - Consideration of Amending Chapter 36 of the Grand Island City Code Relative
Wireless Communications Towers
This item was related to the aforementioned Public Hearings.
Motion by Jones, second by Conley to approve Ordinance #9761.
City Clerk: Ordinance #9761 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 #9761 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9761 is declared to be lawfully adopted upon publication as required by
law.
#9762 - Consideration of Amending Chapter 34 of the Grand Island City Code Relative
to Small Cell Antenna's in Public Right-of-Way
Regional Planning Director Chad Nabity reported that both the Federal Communications
Commission (FCC) and the State of Nebraska had made changes to the rules and regulations for
the placement of private small cell wireless technology in the public rights-of-way. City staff
from multiple departments that work in or with the right-of-way and regulations had worked with
Bob Duchen of River Oaks Communications out of Colorado Springs, Colorado to craft
regulations that create a workable environment for Cellular companies wishing to operate in
Grand Island while protecting the public use of the right-of-way. Staff recommended approval of
the changes to Chapter 34 of the Grand Island City Code.
Discussion was held regarding the fee structure, pole attachment fee and SG network.
Motion by Haase, second by Minton to approve Ordinance #9762.
City Clerk: Ordinance #9762 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 #9762 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.
I
Page 7, City Council Regulaz Meeting, January 28, 2020
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9762 is declared to be lawfully adopted upon publication as required by
law.
#9763 - Consideration of Amendments to Chapter 30 of the Grand Island City Code
Relative to Sewers and Sewage Disposal
Public Works Director John Collins reported on the following changes to Chapter 30 of the
Grand Island City Code:
• Addition of Total Nitrogen within the definition of Normal Strength Wastewater in
Section 30-1
• Updates within Sections 30-57 and 30-58 related to the changes in FY 2020 Fee
Schedule; changing from Total Kjeldahl Nitrogen (TKN) to Total Nitrogen
• Revisions within Section 30-67 regarding Excessive Pollutant Penalty according to FY
2020 Fee Schedule
Staff recommended approval.
Motion by Minton, second by Stelk to approve Ordinance #9763.
City Clerk: Ordinance #9763 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 #9763 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9763 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-13 and G-15 (Resolutions #2020-28 and
#2020-30) were pulled for further discussion. Motion by Paulick, second by Stelk to approve the
Consent Agenda excluding items G-13 and G-15. Upon roll call vote, all voted aye. Motion
adopted.
Approving Minutes of Januarv 14, 2020 Citv Council Regular Meeting.
#2020-17 - A� roving on Reguest from Dani Enterprises, Inc. dba Sluggers, 707 West Anna
Street for a Class "C" Li�uor License and Liquor Mana e� r Desi�nation for Danielle Schaeffer,
1740 Idlewood Lane.
#2020-18 - Approvin� Bid Award - Burdick Generatin� Station Water Treatment Demineralizer
Svstem with Consolidated Water of Omaha, Nebraska in an Amount of $116,358.00.
Page 8, City Council Regulaz Meeting, January 28, 2020
#2020-19 - Approving Bid Award - Bottom Ash & Boiler Industrial Cleaning at Platte
Generating Station - Spring 2020 Outage with Meylan Enterprises, Inc. of Omaha, Nebraska in
an Amount of $106,652.91.
#2020-20 - Ap rp oving Bid Award - Chimney Repairs 2020 at Platte Generating Station with R&
P Industrial Chimnev Companv of Nicholasville, Kentucky in an Amount of $116,350.00.
#2020-21 - Approvin� Bid Award - Boiler Inspection and Repair at Platte Generating Station -
�ring 2020 with Locke AMI of Olathe. Kansas in an Amount of $90,037.00.
#2020-22 - Approving Acquisition of Utility Easement - 3020 West 14th Street - Van Hoosen &
Stubbs.
#2020-23 -Ap roving Bid Award for Asphalt Hot-Mix 2020 with Gary Smith Construction Co.
of Grand Island, Nebraska and J.I.L. Asphalt Paving Co. of Grand Island, Nebraska for various
amounts.
#2020-24 - A� rp ovin� Bid Award for Concrete Ready-Mix for 2020 with Gerhold Concrete
Companv, Inc. of Grand Island, Nebraska in an Amount of $107.00 per cubic yard and
Consolidated Concrete Co. of Hastings, Nebraska in an Amount of $111.75 per cubic yard.
#2020-25 - A�proving Bid Award for Road Grave12020 with Hooker Brothers Sand & Gravel of
Grand Island, Nebraska in an Amount of $9.00 per ton.
#2020-26 - Approvin� Bid Award for Crushed Rock for 2020 with Dobesh Land Levelin ,g LLC
of Grand Island, Nebraska; Southwest Gravel Products, LLC of Axtell, Nebraska; and Blessin�
Construction of Kearnev, Nebraska for various amounts.
#2020-27 - Approvin� Purchase of One (1) Asphalt Hot-Box for the Streets Division of the
Public Works Department from Logan Contractors Su�ply of Omaha, Nebraska in an Amount of
$30,778.00.
#2020-28 - Approving Supplemental Agreement No. 1 with NDOT and Olsson Associates for
Preliminarv En in� eering Services for Five Points Intersection in Grand Island. Public Works
Director John Collins reported that during an environmental research there was some
underground fuel tanks found. This would allow for burrowing to see if there was contamination.
Councilmember Pualick stated he would not approve any road projects until the 281 corridor was
fixed. Discussion was held regarding a round-a-bout at this location.
Motion by Paulick, second by Nickerson to approve Resolution #2020-28. Upon roll call vote,
Councilmembers Haase, Nickerson, Schutz, Minton, Conley, Stelk, and Jones voted aye.
Councilmember Paulick voted no. Motion adopted.
#2020-29 - A�provin� Amendment to the Parks and Recreation Department Fee Schedule
Relative to Golf and Recreation Divisions..
Page 9, City Council Regulaz Meeting, January 28, 2020
#2020-30 - Approvin�posal for Recruitin� Firm to Search to Fill CitYAttornev Position with
Celebritv Staff of Omaha Nebraska in an Amount of 30% of the candidate's first vear base
salarv Human Resources Director Aaron Schmid reported that they had been looking for a City
Attorney since last May. Comments were made concerning the cost for this firm to do the search
and that this was an appointed position by the Mayor for two years and 10 months. Questioned
was could this be contracted out. Mayor Steele explained the process and the need to have a City
Attorney. Comments were made regarding the decision making process, salary, and
comparables.
Motion by Paulick, second by Minton to approve Resolution #2020-30. Upon roll call vote,
Councilmembers Haase, Schutz, Minton, Conley, Stelk, Jones, and Paulick voted aye.
Councilmember Nickerson voted no. Motion adopted.
#2020-31 - Approvin� Memorandum of A�reement and Deed for the Transfer of the Veterans
Home Cemeterv to the Citv of Grand Island with the State of Nebraska Department of
Administrative Services (DAS).
#2020-32 - Approvin� Final Plat and Subdivision A�reement for Nikodvm Subdivision. It was
noted that Gosan, Inc., owner, had submitted the Final Plat and Subdivision Agreement for
Nikodym Subdivision located east of Cherry Street and north of Bismark Road for the purpose of
creating 3 lots on 19.492 acres.
#2020-33 - A�proving Support of Establishment of a State Veterans Cemeterv.
RESOLUTIONS:
#2020-34 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 17
for Phase 3 of the Prairie Commons Development located West of Ewoldt Street, South of
Husker Hi��Tabitha Grand Island, Inc.). This item relates to the aforementioned Public
Hearings.
Motion by Nickerson, second by Minton to approve Resolution #2020-34. Upon roll call, all
voted. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Paulick to approve the payment of claims for the period of January
15, 2020 through January 28, 2020 for a total amount of $4,733,570.89. Upon roll call vote, all
voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 9:08 p.m.
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RaNae Edwards
City Clerk