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10/26/2021 MinutesCITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 26, 2021 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 26, 2021. Notice of the meeting was given in The Grand Island Independent on October 20, 202 L Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mark Stelk, Jason Conley, Bethany Guzinski, Mitch Nickerson, Chuck Haase, Vaughn Minton, and Maggie Mendoza. Councilmembers Michelle Fitzke, Justin Scott, and Mike Paulick 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 Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Steele introduced Community Youth Council members Sydney Millsap and Reagan Fries. BOARD OF EpUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. #2021-BE-5 - Consideration of Determining Benefits for Sanitary Sewer District No. 544; Ellin�ton Pointe and Westwood Park Subdivisions. Public Works Director John Collins reported that the Certificate of Final Completion for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions was approved by City Council on September 28, 2021, via Resolution No. 2021-253; with October 26, 2021 set as the date for Council to sit as the Board of Equalization. The Diamond Engineering Company of Grand Island, Nebraska was hired to perform such work in the amount of $678,366.25. Work was completed at a price of $671,194.58; with additional costs of $275,131.98 for a total cost of $946,326.56. The costs for this project will be assessed to the benefitting properties. Staff recommended approval. Discussion was held regarding the rates. Motion by Guzinseki, second by Stelk to approve Resolution #2021-BE-5. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Guzinski to return to Regular Session. Motion adopted. Page 2, City Council Regulaz Meeting, October 26, 2021 PUBLIC HEARINGS: Public Hearing on Zoning Change to Propertv located at 817 West Sth Street from R4-High Density Residential to B2-General Business (Veronica Ramos� Regional Planning Director Chad Nabity reported that the owners of 817 West 5�` Street were requesting that the zoning on their property be changed from R4 High Density Residential to B2 General Business. The owners of the adjacent property on the corner of Sth and Eddy were making improvements to their parking lot. Based on the current zoning of the two properties this would require a buffer between the existing house on 817 West 5�' and the new parking lot. The owners of 817 West 5�' would rather have a newly paved parking lot than the existing gravel parking lot. Staff recommended approval. No public testimony was heard. Public Hearing on Zoning Change to Pro e�rty located West of North Road and South of Old Potash Highwav from LLR-Lar�e Lot Residential to RD-Residential Development (Rhoads Enterprises, Inc.). Regional Planning Director Chad Nabity reported that the proposed owners of 26 acres located south of Old Potash Highway and west of North Road were requesting that the zoning on property be changed from LLR Large Lot Residential to RD Residential Development Zone. The proposal was to build 192 units of single story aparhnents in three and five unit buildings on this property. Staff recommended approval. Zach Butz, 308 North Locust Street, representing Rhoads Enterprises, Inc., spoke in support. No further public testimony was heard. Public Hearin� on Acquisition of Utility Easement - 4940 Gold Core Drive (Mountain Tower & Land, LLC). Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 4940 Gold Core Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Mountain Tower & Land, LLC was upgrading their existing electrical service to the tower located at 4940 Gold Core Drive. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 3518 S. Locust Street (R.S. Wheel LLC� Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 3518 South Locust Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Mountain Tower & Land, LLC was upgrading their existing electrical service to the tower located at 4940 Gold Core Drive. The Utilities Department was converting the overhead electric primary to underground at the intersection of US Highway 34 and South Locust Street. Staff recommended approval. No public testimony was heard. Public Hearin� on Acc�uisition of Utility Easement - 3536 S. Locust St (Mid-Nebraska Coin-Op, Inc. . Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 3536 South Locust Street in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The Utilities Department was converting the overhead electric primary to underground at the intersection of US Highway 34 and South Locust Street. Staff recommended approval. No public testimony was heard. Page 3, Ciry Council Regulaz Meeting, October 26, 2021 Public Hearing on Acquisition of Utility Easement - 1931 and 1935 Ellie Drive (Dana Point Development Corporation). Utility Director Tim Luchsinger reported that the Utilities Department needed to acquire a utility easement located at 1931 and 1935 Ellie Drive in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Dana Point Development Corporation had requested new electrical infrastructure service to their new McCoy Meadows housing development. Staff recommended approval. No public testimony was heard. ORDINANCES: #9855 - Consideration of Approving Zoning Change for Property located at 817 West Sth Street from R4-High Density Residential to B2-General Business (Veronica Ramos) This item was related to the aforementioned Public Hearing. Motion by Nickerson, second by Conley to approve Ordinance #9855 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. #9856 - Consideration of Approving Zoning Change for Property located West of North Road and South of Old Potash Highway from LLR-Large Lot Residential to RD- Residential Development (Rhoads Enterprises, Inc.) This item was related to the aforementioned Public Hearing. Motion by Haase, second by Guzinski to approve Ordinance #9856 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. #9857 - Consideration of Proposed Modifications to City Council Ward Boundaries Resulting from Redistricting Regional Planning Director Chad Nabity reported that every 10 years following the release of the decennial census of population and housing counts, it was the responsibility of every governing body whose members are elected by wards or districts to balance the population across those wards or districts. A redistricting committee was formed and met and prepared a new ward map. Staff recommends approval. Motion by Nickerson, second by Minton to approve Ordinance #9857 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. #9858 - Consideration of Approving Benefits for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions This item was related to the aforementioned Board of Equalization. Page 4, City Council Regulaz Meeting, October 26, 2021 Motion by Haase, second by Stelk to approve Ordinance #9858 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. #9859 - Consideration of Amending Chapter 4-9 of the Grand Island City Code Relative to Hours of Alcohol Sales Interim City Attorney Stacy Nonhof reported that at the request of some bar owners through their attorney and through their Councilmember it was requested to extend the hours of sale of alcohol from 1:00 a.m. until 2:00 a.m. The Grand Island Police Department and the Grand Island Fire Deparhnent were opposed to extending the hours. Staff recommended denial. Police Chief Robert Falldorf, 2211 Bass Road spoke in opposition. The following people spoke in support: • Mark Porto, 3119 Briar Blvd • Brent Lindner, 1322 W. John Street • Amos Anson, 4234 Arizona Avenue • Nathan Stewart, 5316 W. Calvin Drive, Lincoln, NE • Herson Castanea, 1733 South Blaine Street • Hanna Witt, 1111 East Oklahoma Avenue • Francisco Garcia, 1111 East Oklahoma Avenue • Kaylee Johnson, 3615 Bronco Road • Tyler Pitchler, 1524 Coventry Lane • Marty Klein, Hall County Attorney Motion by Haase, second by Guzinski to approve Ordinance #9858 on first reading. Motion by Guzinski, second by Nickerson to postpone this vote until November 9, 2021. Upon roll call vote, all voted aye. Motion adopted. #9860 - Consideration of Amending Chapter 22 of the Grand Island City Code Relative to Semi Truck Parking Interim City Attorney Stacy Nonhof reported that a complaint was made to Councilmember Haase about a semi-truck parked in the driveway of a home running all night long. The home was not on a designated truck route. This ordinance amends Chapter 22-92 of City Code, Truck and Trailer Parking Prohibited to make it clear that semi-trucks and trailers cannot be paxked on residential lots. Staff recommends approval. Discussion was held concerning enforcement. Motion by Haase, second by Guzinski to approve Ordinance #9860 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 5, City Council Regulaz Meeting, October 26, 2021 CONSENT AGENDA: Motion by Guzinski, second by Conley to approve the Consent Agenda excluding item G-11 (Resolution #2021-292). Upon roll call vote, all voted aye. Motion adopted. Approvin� Minutes of October 12, 2021 Citv Council Regular Meeting. #2021-283 - Approving City Council Meeting Schedule for 2022. #2021-284 - Approving Acquisition of Utilitv Easement - 4940 Gold Core Drive (Mountain Tower & Land, LLCI. #2021-285 - A�provin� Acquisition of Utilitv Easement - 3518 S. Locust Street (R.S. Wheel LLC . #2021-286 - A rovin Ac uisition of Utilit Easement - 3536 S. Locust St Mid-Nebraska Coin-O , Inc.). #2021-287 - Ap rp ovin� Acguisition of Utilitv Easement - 1931 and 1935 Ellie Drive (Dana Point Development Corporation). #2021-288 - A� roving Change Order #1 for Water Main Project 2021-W-2 - Newcastle Road with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $3,603.55 and a Revised Contract Amount of $!50,877.40. #2021-289 - Approving Change Order #1 for Electrostatic Precipitator Transformer-Rectifier Replacement with NWL, Inc. of Bordentown, New Jersey for an Increase of $9 800.00 and a Revised Contract Amount of $171,750.00. #2021-290 - Approving Final Plat and Subdivision A�reement for Copper Creek Estates 18th Subdivision. It was noted that the Guarantee Group, LLC, owners, had submitted the Final Plat and Subdivision Agreement for Copper Creek Estates 18�' Subdivision located south of Thomas Street and west of Kenneth Drive for the purpose of creating 73 lots on 4.086 acres. #2021-291 - A� rovin� Final Plat and Subdivision A�reement for Sunset Acres Subdivision. It was noted that Robert and Cindy Loewenstein, owners, had submitted the Final Plat and Subdivision Agreement for Sunset Acres Subdivision located south of Stolley Park Road and west of Stuhr Road for the purpose of creating 1 lot on 4.553 acres. #2021-292 - Approving Preliminary and Final Plat for Jaxson Subdivision. This item was pulled from the agenda at the request of the Regional Planning Director. #2021-293 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Haulin 2g 021 _ 2022 with Amp Works, LLC of Grand Island, Nebraska and Harders Dozer and Scraper Work LLC of Cairo, Nebraska. For various amounts Page 6, City Council Regulaz Meeting, October 26, 2021 #2021-294 - A� roving Lease A�reement with Union Pacific Railroad for Property at Street Division and Fleet Services Facility in an Amount of $14,300 annually with a 3% increase each year renewed. #2021-295 - Approving Purchase of One (1) 2022 Mode136,000 Pound Four Wheel Drive Front End Loader for the Solid Waste Division of the Public Works Department from NMC/Nebraska Machiner�ompany of Doniphan, Nebraska in an Amount of $158,315.00. #2021-296 - Approvin One (1) Leachate Evaporation System for Grand Island Re ig onal Landfill from RWI Enhanced Evaporation of Grand Junction, Colorado in an Amount of $45,088.00. #2021-297 - Approving Change Order No. 2 for JBS Trail Construction with The Diamond En ineerin� Company of Grand Island, Nebraska for an Increase of $231,500.00 and a Revised Contract Amount of $834,300.16. #2021-298 - A�provin� Bid Award for Eddv Street Underpass Rehabilitation; Project No. 2019- U-1 with The Diamond En�ineering Company of Grand Island, Nebraska in an Amount of $1,341,464.90. #2021-299 - Approving Bid Award for Reconditioning Island Oasis Waterslides with Slide Guvs Restoration of Crosswell. Michigan in an Amount of $67,774.00. #2021-300 - Approving Purchase of Park Maintenance Equipment from Midwest Turf and Irri�ation of Omaha, Nebraska in an Amount of $183,086.12. PAYMENT OF CLAIMS: Motion by Minton, second by Conley to approve the payment of claims for the period of October 13, 2021 through October 26, 2021 for a total amount of $5,138,651.63. Upon roll call vote, all voted aye. Motion adopted. ADJOURN TO EXECUTIVE SESSION: Motion by Minton, second by Mendoza to adjourn to Executive Session at 8:46 p.m. for the purpose of a strategy session with respect to IBEW Utilities Union negotiations. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Haase, second by Nickerson to return to Regular Session at 9:32 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:32 p.m. �, . � � . �� RaNae Edwards City Clerk