10/27/2020 MinutesCITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 27, 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 October 27, 2020. Notice of the meeting was given in The Grand Island Independent
on October 21, 2020.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Council President Mike Paulick, Jeremy Jones, Mark Stelk, Jason
Conley, Vaughn Minton, Julie Hehnke, Clay Schutz, Mitch Nickerson, Justin Scott, and Chuck
Haase. The following City Officials were present: City Administrator Jerry Janulewicz, Deputy
City Clerk Jill Granere, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof
and Public Works Director John Collins.
BOARD OF EQUALIZATION: Motion by Haase, second by Hehnke to adjourn to the Board of
Equalization. Motion adopted.
#2020-BE-7 - Consideration of Determinin� Re-establishment of Tap Fees for Subdivided Lots
in Bosselville Fifth Subdivision- Sanitary Sewer District No 530T Public Works Director John
Collins reported that the Certificate of Final Completion for Sanitary Sewer District No. 530T
was approved on November 22, 2016 with December 27, 2016 set as the date for Council to sit
as the Board of Equalization.
On December 17, 2019, via Resolution No. 2019-376, City Council approved the redistribution
of sanitary sewer tap fees within the recently subdivided Bosselville Fifth Subdivision consisting
of five (5) lots, with a portion of the parcel west of Lot One (1) being added to such subdivision
and reduced in size. An additional tract of land has recently been subdivided and the individual
lots need to have the appropriate connection fees re-established.
Motion by Nickerson, second by Stelk to approve Resolution #2020-BE-7. Upon roll call vote,
Conley, Minton and Nickerson voted aye. Haase, Hehnke, Jones, Paulick, Schutz, Scott and
Stelk voted no. Motion failed.
RETURN TO REGULAR SESSION: Motion by Paulick, second by Schutz to return to Regular
Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearin� on Request from LPB, LLC for a Conditional Use Permit for Placement of a Soil
and Groundwater Remedial System located at 704 West 3rd Street Building Department
Director Craig Lewis reported the request is for approval of a conditional use permit to allow for
the placement of a soil vapor extraction trailer to facilitate the removal of free phase petroleum
from soil and groundwater at 724 West 3`d Street. The site is currently zoned (B-3) Heavy
Business. Trailers and temporary buildings are only allowed within this zoning classification if
approved by the City Council in the form of a conditional use permit. This proposal is to allow
Page 2, City Council Regular Meeting, October 27, 2020
for the use of the trailer at the site to aid in the cleanup of soil and groundwater contaminates.
Staff recommended approval. No public testimony was heard.
Public Hearin on Request from Gerald and Pamela Dean for a Conditional Use Permit to Allow
Livestock on Premises located at 2670 N. St. Paul Road. Building Department Director Craig
Lewis reported this request is to utilize the newly amended zoning code which allows as a
conditional use livestock on property zoned Large Lot Residential.
Because the vacant lot would not have a permitted principal use and the keeping of livestock is
not a listed permitted principal use the amendment to the zoning code allows as a conditional use
the keeping of livestock. Staff recommended approval. Gerald Patterson, 2705 St. Paul Road
spoke in support. No further public testimony was heard.
Public Hearing on Zoning Chan e for propertv located at 4141 Montana Avenue from LLR
Large Lot Residential Zone and RO Residential Office to Residential Office (FAmos
Construction Inc.) Regional Planner Rashad Moxey reported an application has been made to
rezone a tract of land consisting of a portion of Lot 13 of Northwest Gateway Subdivision, 4141
Montana Avenue in Grand Island, Hall County, Nebraska from LLR Large Lot Residential Zone
and RO Residential Office to RO Residential Office. This property is south of Montana Avenue
and west of Idaho Avenue.
Rashad reported this property is zoned both LLR and RO the line between these was drawn prior
to the subdivision of this property. The RO zoning included all of the property north of the
northern property line of the lots on Utah west of Independence Avenue in the Capital Heights
Eighth Subdivision. At the time of adoption this was the logical place to draw the boundary as
this property was entirely unsubdivided. This rezoning will make the zoning on this lot
consistent with the lot boundaries. Staff recommended approval.
Bruce Bluhm, 3009 Colorado Avenue; David Warriner, 3008 Idaho Avenue; Barb Klein; 3030
Idaho Avenue; Christy Ericson; 3020 Idaho Avenue; Joe Ferris, 3024 Idaho Avenue spoke in
opposition. Amos Anson, 4234 Arizona Avenue spoke in support. No further testimony was
heard.
Public Hearing on Changes to Chapter 36 of the Grand Island City Code Relative to Definitions,
Yard Requirements and Off Street Parking Requirements. Regional Planner Rashad Moxey
reported that the Planning Department and Building Department are suggesting changes to the
following sections of the Zoning Regulations: Section 36-108 (S) Definitions to harmonize the
definition of Street Frontage and to rearrange other Street Definitions to eliminate confusion
between Chapter 33 and 36 of the City Code; and sections 36-22 Yard Requirements and 36-96
Off Street Parking Requirements by repealing changes made in June of 2018.
The purpose of this change was to avoid situations created by the Heavenly Haven Subdivision
where the street frontage along Blaine Street while technically present did not provide any
possibility of actual vehicular access to the property without either a bridge or ferry. The intent
of these changes was to make sure that there was adequate space between the overhead garage
door and the property line for a car to park in front of the garage. While the intent of this was
good this has resulted in lots, especially in the older parts of town that are very difficult to build
on or add a detached garage on. Staff is recommending that we roll back the change that were
Page 3, City Council Regulaz Meeting, October 27, 2020
made in 2018 and allow these lots to develop based on the setbacks in each zoning district as we
had for decades prior to the 2018 change. Staff recommended approval. No public testimony was
heard.
ORDINANCES:
#9791 - Consideration of Approving Annexation of Property Located at Capital Avenue
and Engleman Road NWE North Subdivision (Final Reading).
Regional Planner Rashad Moxey reported that Mettenbrink Family Investments LLC, owners of
the property, submitted a plat of NEW North Subdivision an Addition to the City of Grand
Island. Annexation of this property would not result in the extension of the Grand Island Zoning
Jurisdiction. This property is located west of Engleman Road and north of Capital Avenue. Staff
recommended approval.
Motion by Haase, second by Paulick to approve Ordinance #9791 on final reading.
Deputy City Clerk: Ordinance #9791 on final reading. All those in favor of the passage of this
ordinance on 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 final reading, Ordinance #9791 is declared to be
lawfully adopted upon publication as required by law.
#9792 - Consideration of Approving Annexation of Property Located at Husker Highway
and Engleman Road NWE South Subdivision (Final Reading).
Regional Planner Rashad Moxey reported that Steven and Elaine Hostler, as owners of the
property, submitted a plat of NWE South Subdivision an Addition to the City of Grand Island.
Annexation of this property would not result in the extension of the Grand Island Zoning
Jurisdiction. This property is located west of Engleman Road and south of Husker Highway.
Staff recommended approval.
Motion by Schutz, second by Stelk to approve Ordinance #9792 on final reading.
Deputy City Clerk: Ordinance #9792 on final reading. All those in favor of the passage of this
ordinance on 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 final reading, Ordinance #9792 is declared to be
lawfully adopted upon publication as required by law.
#9795 - Consideration of Approving Annexation of Property Located at 4127 West
Husker Highway (First Reading).
Regional Planner Rashad Moxey reported that Michael and Ralisa Leaman, husband and wife, as
owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the City of
Grand Island. Staff recommended approval.
Page 4, City Council Regular Meeting, October 27, 2020
Motion by Paulick, second by Stelk to approve Ordinance #9795 on first reading.
Deputy City Clerk: Ordinance #9795 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.
Councilmember Minton moved "that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9796 - Consideration of Approving Zoning Change for Property located at 4141
Montana Avenue Lot 13 of Northwest Gateway Subdivision from LLR Large Lot
Residential Zone and RO Residential Office to Residential Office (FAmos Construction
Inc.)
#9797 - Consideration of Approving Changes to Chapter 36 of the Grand Island City
Code Relative to Definitions, Yard Requirements and Off Street Parking Requirements
#9798 - Consideration of Amending Chapter 35, Section 35-30 to Include a Monthly
Meter Charge for a 12-Inch Water Meter
#9799 - Consideration of Approving Highway Allocation Fund Pledge Bonds
#9800 - Consideration of Approving Combined Utilities Revenue Refunding Bonds
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 Hehnke seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9796 - Consideration of Approving Zoning Change for Property located at 4141
Montana Avenue Lot 13 of Northwest Gateway Subdivision from LLR Large Lot
Residential Zone and RO Residential Office to Residential Office (FAmos Construction
Inc.)
This item was related to the above Public Hearing.
Motion by Hehnke, second by Conley to approve Ordinance #9796.
Deputy City Clerk: Ordinance #9796 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 Conley,
Haase, Hehnke, Minton, Nickerson, Schutz and Scott voted aye. Councilmembers Jones, Paulick
and Stelk voted no. Motion adopted.
Deputy City Clerk: Ordinance #9796 on second and final reading. All those in favor of this
passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote,
Councilmembers Conley, Haase, Hehnke, Minton, Nickerson, Schutz and Scott voted aye.
Councilmembers Jones, Paulick and Stelk voted no. Motion adopted.
Page 5, City Council Regulaz Meeting, October 27, 2020
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9796 is declared to be lawfully adopted upon publication as required by
law.
#9797 - Consideration of Approving Changes to Chapter 36 of the Grand Island City
Code Relative to Definitions, Yard Requirements and Off Street Parking Requirements
This item was related to the above Public Hearing.
Motion by Stelk, second by Minton to approve Ordinance #9797.
Deputy City Clerk: Ordinance #9797 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.
Deputy City Clerk: Ordinance #9797 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 #9797 is declared to be lawfully adopted upon publication as required by
law.
#9798 - Consideration of Amending Chapter 35, Section 35-30 to Include a Monthly
Meter Charge for a 12-Inch Water Meter
Tim Luchsinger reported the water meter monthly fees, noted in Chapter 35, Section 35-30, of
the Grand Island City Code, were last amended on November 22, 2016, by Ordinance No. 9613.
At that time, the largest meter size in the City was 10-inch. With the recent addition of a 12-inch
meter installed as part of JBS expansion; it is necessary to amend the noted section of code to
facilitate a meter charge for the new meter size. The recommended charge for the new 12-inch
meter size would be set at $5,600.00 per month. This is based on the same weighted, achievable
flow, rate methodology used in the 2016 calculation. Staff recommended approval.
Motion by Haase, second by Conley to approve Ordinance #9798.
Deputy City Clerk: Ordinance #9798 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.
Deputy City Clerk: Ordinance #9798 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 #9798 is declared to be lawfully adopted upon publication as required by
law.
Page 6, City Council Regulu Meeting, October 27, 2020
#9799 - Consideration of Approving Highway Allocation Fund Pledge Bonds
Finance Director Patrick Brown reported that the 2020-2021 budget included provisions for the
Old Potash Highway Roadway and North Road improvements. The project would be funded
with cash and debt financing. The debt financing would be paid from the Nebraska Highway
Allocation Fund and the additional sales and use taa� of one half of one percent (1/2%) that was
approved at the November 2018 Statewide General Election. The bond in principal amount
would not exceed $15,000,000 and would be amortized over ten years. Staff recommended
approval.
Motion by Paulick, second by Schutz to approve Ordinance #9799.
Deputy City Clerk: Ordinance #9799 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.
Deputy City Clerk: Ordinance #9799 on second and final reading. All those in favor of this
passage of this ordinance on second and fnal 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 #9799 is declared to be lawfully adopted upon publication as required by
law.
#9800 - Consideration of Approving Combined Utilities Revenue Refunding Bonds
Finance Director Patrick Brown reported on July 29, 2020 City Council approved City
Administration to explore refinancing of City bonds due to the current favorable bond market.
The City currently has one (1) Sewer Bond, one (1) Water Bond, two (2) Electric bonds in place,
and four (4) Nebraska Department of Environment and Energy (NDEE) loans.
Mr. Brown stated each of the City's above mentioned bonds and loans were individually placed
throughout the years. City Administration along with the city advisors and bond counsel
discussed the benefits of combining all of the bonds and loans into one bond. In selling one large
bond as compared to several small bonds, the city could realize increased savings. Staff
recommended approval.
Motion by Haase, second by Nickerson to approve Ordinance #9800.
Deputy City Clerk: Ordinance #9800 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.
Deputy City Clerk: Ordinance #9800 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.
Page 7, City Council Regular Meeting, October 27, 2020
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9800 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Paulick, second by Hehnke to approve the Consent Agenda
excluding item G-11 (Resolution 2020-268) due to failure to pass on Board of Equalization.
Upon roll call vote, all voted aye. Motion adopted.
Abprovin� Minutes of October 13 2020 City Council Regular Meetin�
#2020-259 - Ap roving City Council Meeting Schedule for 2021
#2020-260 - Approvin� Final Plat and Subdivision A�reement for NWE North Subdivision It
was noted that Mettenbrink Family Investments, LLC, owner, had submitted the Final Plat and
Subdivision Agreement for NWE North Subdivision located north of Capital Avenue west of
Engleman Road in Grand Island, Nebraska. (1 lot, .227 acres).
#2020-261 - Approvin� Final Plat and Subdivision A�reement for NWE South Subdivision It
was noted that Steven D. Hostler and Elaine S. Hostler, owners, had submitted the Final Plat and
Subdivision Agreement for NWE South Subdivision located south of Husker Highway west of
Engleman Road in Grand Island, Nebraska. (1 lot, .064 acres).
#2020-262 - Anprovin� Final Plat and Subdivision A�reement for Kate Subdivision It was noted
that Tom Ummel, Sr., owner, had submitted the Final Plat and Subdivision Agreement for Kate
Subdivision located east of Vine Street and south of 12th Street in Grand Island, Nebraska. (2
lots, 0.16069 acres).
#2020-263 - Abprovin� Final Plat and Subdivision A�reement for Farmstead South Subdivision
It was noted that Justin P. Oseka and Anna Oseka, owners, had submitted the Final Plate and
Subdivision Agreement for Farmstead South Subdivision located west of Farmstead Road and
south of Husker Highway in Grand Island, Nebraska. (21ots, 6.916 acres).
#2020-264 - Approvin� Inter-local Agreement with Hall County for Rehabilitation of a Portion
of Stuhr Road.
#2020-265 - A� roving Updated Parkin� Re�ulations
#2020-266 - Approving A�reement with Central Platte Natural Resources District Hall Count�
and Grand Island Area Economic Development Comoration Related to Portions of Platte Valley
Industrial Park Subdivisions.
#2020-267 - Anprovin� Bid Award for Citv Parking�Ramp Electrical Repairs at 103 North
Locust Street with IES Commercial Inc of Holdre�e Nebraska in the amount of $34 953 00
#2020-268 - Approvin� Re-established Tap Fees for Subdivided Lots in Bosselville Fifth
Subdivision- Sanitary Sewer District No 530T This item was pulled from the Consent Agenda.
Page 8, City Council Regulaz Meeting, October 27, 2020
#2020-269 - Approvin� Animal Control Contract with the Central Nebraska Humane Societv in
the amount of $388,500.00 be ig nning November 1 2020 paid in monthly installments of
$32,375.00 be inning November 2020. Councilmember Haase voted no.
#2020-270 - Ap rovin� RFP for Veteran's Sports Com lex Playground - Parks & Recreation
with Crouch Recreation of Omaha, Nebraska in the amount of $391 328 00
#2020-271 - Anprovin� Chan�e Order No. 1 for Old Potash Hi�y Roadwav Improvements•
Proiect No. 2019-P-1 with Starostka Group Unlimited Inc of Grand Island Nebraska to use
Citv owned broperty at 3505 West Old Potash Hi�y for staging at no additional cost
REQUESTS AND REFERRALS:
Consideration of Ap roving Rec�uest from LPB LLC for a Conditional Use Permit for
Placement of a Soil and Groundwater Remedial System located at 704 West 3rd Street This item
was related to above Public Hearing.
Motion by Minton, second by Conley to approve Conditional Use Permit for LPB, LLC. Upon
roll call vote, all voted aye. Motion adopted.
Consideration of Anproving Request from Gerald and Pamela Dean for a Conditional Use Permit
to Allow Livestock on Premises located at 2670 N. St. Paul Road.This item was related to above
Public Hearing.
Motion by Minton, second by Nickerson to approve Conditional Use Permit for Gerald and
Pamela Dean. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Jones to approve the payment of claims for the period of October
14, 2020 through October 27, 2020 for a total amount of $5,581,866.14. Upon roll call vote, all
voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:42 p.m.
� �
ill Granere
Deputy City Clerk