04-23-2002 City Council Regular Meeting PacketCity of Grand Island
Tuesday, April 23, 2002
Council Session Packet
City Council:Mayor:
Ken Gnadt
City Administrator:
Marlan Ferguson
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Council Chambers - City Hall
100 East First Street
Joyce Haase
Margaret Hornady
Gale Larson
Glen Murray
Jackie Pielstick
Larry Seifert
Robert Sorensen
Scott Walker
Tom Ward
Fred Whitesides
City of Grand Island City Council
Call to Order
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future
Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council
action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date
will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to
speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
/Invocation - Pastor Russell Wolf, United Pentecostal Church,
515 South Oak Street
City of Grand Island City Council
Item C1
It's About Kids! Presentations by Kailey Rock and Melissa
Freeland
Youth Leadership Tomorrow, It's About Kids! assets will be presented by Kailey Rock and
Melissa Freeland.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item C2
Proclamation "Sexual Assault Awareness Month" April 2002
Because sexual assault affects every person in the State of Nebraska either as a
victim/survivor of sexual assault or as a family member, significant other, neighbor or co-
worker and inasmuch as hundreds of volunteers have generously given of their time to
educate and promote sexual assault prevention programs, the Mayor has proclaimed the
month of April 2002 as "Sexual Assault Awareness Month" and encourages public
awareness of the violence of sexual assault. See attached PROCLAMATION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, sexual assault affects every person in the State of Nebraska either
as a victim/survivor of sexual assault or as a family member,
significant other, neighbor or co-worker; and
WHEREAS, a Take Back the Night March was chosen to emphasize the artistic,
creative, and innovative ways that survivors of sexual violence
have used to heal; and to empower victims who have not yet
become survivors. This march will be held on April 23 beginning
here at City Hall; and
WHEREAS, citizens of Grand Island and Hall County are working to provide
quality care and assistance to sexual assault survivors. Hundreds of
volunteers have staffed the 24-hour hotline, responded to
emergency calls and offered support during medical exams and
criminal justice proceedings; and
WHEREAS, Crisis Center volunteers and staff promote sexual assault
prevention by offering educational programs to schools, churches,
and civic organizations. They also train medical, mental health,
law enforcement, education, and criminal justice professionals
regarding sexual assault issues; and
WHEREAS, Nebraska sexual assault programs and other professionals and
supporters have joined together as a group to support each other in
their work and to provide the State of Nebraska and its citizens
with a central 800 number; and
WHEREAS, locally the Crisis Center provides sexual assault survivors with a
24 hour crisis line, safe shelter, assistance with protection orders,
support groups, transportation, financial assistance, and referrals
for legal, medical, and professional services; and
WHEREAS, during April 2002 efforts will be intensified to promote public
awareness of the violence of sexual assault; to emphasize the need
for citizen involvement in efforts to reduce sexual assault through
public education and changing public attitudes; to publicize local
education efforts; to increase community support for agencies
providing sexual assault services; and to increase awareness of the
healing power of creative expression.
NOW, THEREFORE, I, Ken Gnadt, Mayor of Grand Island, Nebraska, do hereby
proclaim April, 2002 as
SEXUAL ASSAULT AWARENESS MONTH
in the City of Grand Island, and I urge all citizens to support
efforts to reduce sexual assault; and
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this Twenty-Third day of
April in the year of our Lord Two Thousand and Two.
_______________________________________
Mayor of Grand Island, Nebraska
Attest: _______________________________________
RaNae Edwards, City Clerk
Item C3
Proclamation "Electrical Safety Month" May 2002
As part of a nationwide effort to reduce electrical accidents, the City of Grand Island has
joined with the Electrical Safety Foundation International (ESFI) in a public education drive
to raise awareness about electrical safety.
Each year thousands of citizens are injured or die from electrical fires and electric shock or
electrocution. On average, 69,700 residential fires are caused by faulty electrical wiring
systems, appliances, tools, or air conditioning, claiming 488 lives, injuring 2,405 victims and
causing nearly $890 million in property damage. On average, one person is electrocuted in
the home each day and nearly five are electrocuted on the job each week. Millions of dollars
are lost in corporate and personal productivity and assets because of related insurance and
workers compensation claims and related litigation.
In May, the Electrical Safety Foundation kicks off National Electrical Safety Month to
remind citizens to respect electricity at home, work, school, and play and of the simple steps
one can take to avoid the personal tragedy behind the statistics. Steps like replacing old,
worn or frayed electrical cords, testing smoke detectors and ground fault circuit interrupters
(GFCIs) and performing electrical safety audits.
The City of Grand Island is pleased to be part of moving this important initiative forward
promoting a healthy respect for electricity and the safe use of electrical equipment. In
addition, the Utility Administration office may be contacted at 385-5444 Ext. 281 to schedule
an electrical safety demonstration to school groups, work groups, clubs, or service
organizations. See attached PROCLAMATION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Gary Mader
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, electricity is essential to our way of life; and
WHEREAS, electricity powers industry, agriculture and our schools, heats
and cools our homes, cooks our meals and washes our clothes;
and
WHEREAS, electricity is all around us and although it is essential to our way
of life, it is also essential to respect the use of electricity; and
WHEREAS, following basic electrical safety precautions can help prevent
injury or death to thousands of people each year; and
WHEREAS, citizens are encouraged to check their home and workplace for
possible electrical hazards to help protect lives and property;
and
WHEREAS, citizens are encouraged to test their smoke detectors and ground
fa ult circuit interrupters monthly and after every major electrical
storm; and
WHEREAS, property damage due to electrical-related fires amounts to nearly
$890 million each year; and
WHEREAS, the efforts of the Electrical Safety Foundation International (ESFI),
the U.S. Consumer Product Safety Commission (CPSC), and the
City of Grand Island Electrical Safety Program are to promote and
educate the public about the importance of respecting electricity
and practicing electrical safety in the home, school, and
workplace; and,
WHEREAS, the City of Grand Island is actively helping to move this effort
forward in order to reduce the number of electrical injuries and
deaths from electrical hazards.
NOW, THEREFORE, I, Ken Gnadt, Mayor of Grand Island, Nebraska, do hereby
proclaim the month of May, 2002 as
ELECTRICAL SAFETY MONTH
in the City of Grand Island, and I encourage all citizens to
conduct an electrical safety check of their home, school and
work place.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this Twenty-third day of
April in the year of our Lord Two Thousand and Two.
_______________________________________
Mayor of Grand Island, Nebraska
Attest: _______________________________________
RaNae Edwards, City Clerk
Item C4
Proclamation "Information Security Awareness Week" April 20-
26, 2002
We are at a time in the history of our society where computers and communication systems
are at the core of our lives. With the current climate and the rise in cyber crime, Information
Security (INFOSEC) has become an integral part of making our country and planet a safe
place. Information Security is the cornerstone of secure e-Commerce, National Security and
many other things that effect the lives of all of us in the United States every single day.
Security on the Internet and other networks has been misunderstood. Information Security
Awareness Week is an important vehicle for dispelling misconceptions and educating the
public about the role ethics, trust, technology and education play in maintaining a safe
computing environment. The Mayor has proclaimed April 20-26, 2002 as "Information
Security Awareness Week". See attached PROCLAMATION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, the importance of Information Security Awareness is an integral
part of any Information Security Program; and
WHEREAS, a growing awareness of the dangers posed by Cyber-Terrorism,
Information Warfare, and the criminal use of computer systems
has raised academic and professional interest in promoting
public awareness in Information Security; and
WHEREAS, the security of the United States of America remains uncertain
and depends upon continued public support and increased
understanding of the essential role each individual play in
Cyberspace.
NOW, THEREFORE, I, Ken Gnadt, Mayor of Grand Island, Nebraska, do hereby
proclaim April 20-26, 2002 as
INFORMATION SECURITY
AWARENESS WEEK
in the City of Grand Island, and commend this observance to the
people of this City.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this Twenty-third day of
April in the year of our Lord Two Thousand and Two.
_______________________________________
Mayor of Grand Island, Nebraska
Attest: _______________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Acquisition of Utility Easement Located on the
East Side of Elm Street, Between 1st Street and Division Streets -
St. Mary's Church
Acquisition of utility easement located on the east side of Elm Street, between 1st Street and
Division Street, is required in order to have access to install, upgrade, maintain, and repair
power appurtenances. This easement will be used to locate underground primary lines and a
pad mounted transformer to serve the new Parish Center. It is appropriate to solicit public
comment. The action item is contained under the Consent Agenda.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Item E2
Public Hearing on Acquisition of Utility Easement Located in the
Southwest Corner of the Liederkranz Building
Acquisition of utility easement located in the southwest corner of the Liederkranz building
located at 403 West 1st Street, is required in order to have access to install, upgrade,
maintain, and repair power appurtenances. This easement will be used to locate a pad-
mounted transformer to serve the entire block. It is appropriate to solicit public comment.
The action item is contained under the Consent Agenda.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Item E3
Public Hearing on Acquisition of Right of Way Located in the SW
1/4 of Section 13-11-10
Acquisition of right-of-way located in the SW 1/4 of Section 13-11-10, along the east side of
North Road from the Rogers Well property at Old Potash north to the ditch 370.0 feet north
of Faidley Avenue is required in order to construct and maintain a drainage ditch as an
extension of the Moores Creek Drainway. It is appropriate at this time to solicit public
comment. The action item is contained under the Consent Agenda.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Item E4
Public Hearing on Grant Application to the Affordable Housing
Trust Fund for Housing Development
The Nebraska Department of Economic Development Affordable Housing Program is
intended to provide funds to eligible recipients for acquisition, rehabilitation, construction
and production of affordable housing to increase the supply of decent, safe, and sanitary
housing for low—to-moderate income Nebraskans and to provide a mechanism to leverage
private investment in the development of affordable housing. The Affordable Housing
Program is funded with resources from US Department of Housing and Urban Development
Programs (the Community Development Block Grant Program) and the HOME Investment
Partnerships Program, as well as the state-funded Nebraska Affordable Housing Trust Fund
(AHTF).
The City of Grand Island, Community Projects Department, is preparing a grant application
to the Affordable Housing Trust Fund for funding to assist in the category of
Homeownership New Construction with Infrastructure. This category covers infrastructure
and development subsidies as it relates to new construction and down payment assistance.
A public hearing has been scheduled to receive comment relative to the City’s submittal of
the grant application for development of infrastructure in conjunction with the construction
of 115 single family homes in a 23 acre parcel of undeveloped land in the northeast area of
Grand Island. The grant funds ($400,000) will be used for site development, infrastructure
development, architect, engineering, and related fees, as well as grant administration. The
AHTF, along with other resources such as Community Development Block Grant Funds,
and NIFA, will be used to bring the cost of construction of the houses down to affordable
sales prices. Without these partnerships, the housing could not be made available to low to
moderate income families. As evidenced in the 2001 Housing Study, quality housing for low
to moderate income families is needed in Grand Island.
The Department of Economic Development requires a public hearing be held in conjunction
with submittal of the grant application. A resolution authorizing the submittal of the grant
application has been prepared for Council consideration. It is appropriate at this time to
solicit public comment. The action item is contained under Consent Agenda.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item F1
#8733 - Consideration of Conveyance of Real Estate in Part of
Block 13, Koehler Subdivision to Correct Title Defect
On March 27, 1942, the City of Grand Island authorized condemnation of several tracts of
land to be used in Pier Park, including all of Block 13, Koehler Subdivision, Grand Island,
Hall County, Nebraska. The South 100 feet of Block 13 contained two houses, neither of
which were utilized as park property. Later the City authorized the sale of this tract; however,
for reasons unknown, the documents which conveyed title to the buyer were not properly
recorded. A local title insurance company has asked that the City prepare and approve
replacement documents to correct this defect in the chain of title to the South 100 feet of
Block 13. This conveyance which is now before the Council does nothing more than correct a
defect in the chain of title and does not involve a new transaction or the exchange of funds.
Approval of the ordinance correcting the chain of title to the South 100 feet of Block 13,
Koehler Subdivision, Grand Island, Hall County, Nebraska, as drafted is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Approved as to Form * ___________
April 19, 2002 * City Attorney
ORDINANCE NO. 8733
An ordinance to direct and authorize the conveyance of two tracts of land
comprising of a part of Block Thirteen, Koehler Subdivision in the City of Grand Island, Hall
County, Nebraska; to provide for the giving of notice of such conveyance and the terms thereof;
to provide for the right to file a remonstrance against such conveyance; and to provide for
publication and the effective date of this ordinance.
WHEREAS, on March 27, 1942, by Ordinance 1910, the City of Grand Island
authorized the condemnation of all of Blocks 13, 14, and 15 in Koehler Subdivision to be used
for Pier Park; and
WHEREAS, the south one hundred (100.0) feet of Block Thirteen (13) Koehler
Subdivision contains two houses, neither of which is utilized as park property; and
WHEREAS, in order to establish a clear chain of title to the property in the south
one hundred (100.0) feet of Block Thirteen, Koehler Subdivision, a Quitclaim Deed from the
City to the current property owners is appropriate.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to Darrin M. Watro and Judilyn M. Watro,
husband and wife, of a tract of land comprising of the East Eighty (80.0) feet of the South One
Hundred (100.0) feet of Block Thirteen (13), Koehler Subdivision in the City of Grand Island,
Hall County, Nebraska; is hereby authorized and directed.
SECTION 2. The conveyance to Peter L. Pittz and Ellen F. Pittz, husband and
wife, of a tract of land comprising of the south One Hundred (100.0) feet, except the east Eighty
ORDINANCE NO. 8733 (Cont.)
- 2 -
Approved as to Form * ___________
April 19, 2002 * City Attorney
(80.0) feet of the south One Hundred (100.0) feet of Block Thirteen (13), Koehler Subdivision,
located on part of the Southeast Quarter of the Southwest Quarter (SE1/4, SW1/4) of Section
Fifteen (15), Township Eleven (11) North, Range Nine (9) West and part of Lot Fourteen (14) of
the County Subdivision of the West Half of the Southwest Quarter (W1/2, SW1/4) of Section
Fifteen (15), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of
Grand Island, Hall County, Nebraska; is hereby authorized and directed.
SECTION 3. The consideration for each such conveyance shall be One Dollar
($1.00). A title insurance policy is not required to be furnished by the City.
SECTION 4. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for general circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish such notice.
SECTION 5. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by legal electors of the City of Grand Island equal
in number to thirty percent of the electors of the City of Grand Island voting at the last regular
municipal election held in such City be filed with the city council within thirty days of passage
and publication of such ordinance, said property shall not then, nor within one year thereafter, be
conveyed.
SECTION 6. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City
Clerk shall make, execute and deliver to the parties identified above, a Quitclaim Deed for said
ORDINANCE NO. 8733 (Cont.)
- 3 -
Approved as to Form * ___________
April 19, 2002 * City Attorney
real estate, and the execution of such deed is hereby authorized without further action on behalf
of the City Council.
SECTION 7. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 23, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8734 - Consideration of Amending Chapter 13 of City Code
Relative to Regulations for Sidewalk Usage in Downtown
Chapter 13-50 of the City Code regulates the usage of sidewalk displays, sandwich board
signs, vending carts, and sidewalk cafes located within or directly abutting the Downtown
Business District. The Downtown Improvement Board has developed and adopted
regulations pertaining to the issuance of permits for these purposes. The applications are
reviewed, and approved by, the Building Department Director, Hall County Department of
Health, Public Works Department, Fire Department, Police Department as well as the
Downtown Development Director and Downtown Improvement Board. In order to facilitate
and expedite the application process, it is recommended that Chapter 13-50 be amended to
allow the Downtown Improvement Board to administer and modify the Regulations
pertaining to sidewalk usage in Business Improvement District #2 (Downtown). Approval is
recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? ___________
April 19, 2002 ? City Attorney
ORDINANCE NO. 8734
An ordinance to amend Chapter 13 of the Grand Island City Code; to amend
Section 13-50 pertaining to sidewalk usage in Business Improvement District No. 2; to repeal
Section 13-50 as now existing, and any ordinance or parts of ordinances in conflict herewith; and
to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 13-50 of the Grand Island City Code is hereby amended to
read as follows:
§13-50. Sidewalk Usage; Regulations
All sidewalk displays, sandwich board signs, vending carts, and sidewalk cafes located within or directly
abutting Business Improvement District No. 2 shall comply with Public Right-of-Way Usage Regulations to be
promulgated and adopted by the Downtown Business Improvement District Board and approved by the Mayor and
City Council. Copies of the Public Right-of-Way Usage Regulations shall be on file with the City Clerk,
Community Projects Director, Downtown Development Director, and shall be available for public inspection.
SECTION 2. Section 13-50 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 23, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8735 - Consideration of Amending City Code Relative to
Implementation of Fees for Parking Ramp
As discussed at the City Council Retreat, the Downtown Improvement Board, at the
suggestion of the Parking Ramp Committee, is recommending moving toward a “pay for
parking” structure at the parking ramp. Since the structure was built, downtown property
owners have funded the maintenance of this structure through an assessment district. No city
tax dollars are used to support the operations and/or maintenance of the Ramp.
Unfortunately, many property owners on the outer perimeters of the improvement district did
not realize any benefit from their assessments, as their properties are not in close proximity to
the parking ramp. The new fees will place that responsibility on people who are actually
using the ramp.
Upon Council approval, staff will commence with finalizing equipment/infrastructure pricing
information, soliciting bids for the equipment and associated electrical work, and
procurement of signage. It is anticipated this change would become effective with the new
fiscal year, October 1, 2002.
A courtesy notice/flyer has been distributed to County, State, and Federal employees, as well
as area businesses regarding the proposed user fees for the parking ramp in Downtown
Grand Island.
Suggested fees are as follows:
$25/month fee for lower level reserved space
$20/month fee for middle and upper level reserved space
$2/day fee for non-reserved spaces ($1 8 a.m. - 12 noon; $1 12 noon to 5 p.m.)
The two-hour parking on the lower level, and free extended parking on upper levels will be
eliminated. Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? ___________
April 19, 2002 ? City Attorney
ORDINANCE NO. 8735
An ordinance to amend Chapter 13 of the Grand Island City Code; to amend
Sections 13-4 and 13-17 and to add Section 13-55 pertaining to parking ramp regulations; to
repeal Sections 13-4 and 13-17 as now existing, and any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 13-4 of the Grand Island City Code is hereby amended to
read as follows:
§13-4. Use of Revenue
The proposed uses to this additional revenue derived from the imposition of a general business license and
occupation tax on businesses and users of the space within the district, are as follows:
(1) The acquisition, construction, maintenance, administration, and operation of public off-street parking
facilities for the benefit of the district area on which no charge for use shall be made.
(2) Improvement and decoration of any public place in the district area.
(3) Promotion of public events which are to take place on or in public places in the district area.
(4) Creation and implementing of a plan for improving the general architectural design of public areas in
the district area.
(5) The development of any public activities in the district area.
(6) Any other project or undertaking for the betterment of the public facilities in the district area, whether
the project be capital or noncapital in nature.
SECTION 2. Section 13-17 of the Grand Island City Code is hereby amended to
read as follows:
§13-17. Congested Parking Area
The following areas of the City are found and determined to be areas where congestion of vehicular traffic
is such that the public convenience and safety require regulation of parking by a parking meter system:
(A) Third Street between Elm Street and Sycamore Street;
(B) Second Street between Elm Street and Pine Street;
(C) Cedar Street between Second Street and Third Street;
(D) Walnut Street between First Street and South Front Street;
(E) Wheeler Street between First Street and Third Street;
(F) Locust Street between First Street and South Front Street;
(G) Pine Street between Second Street and South Front Street;
(H) The southern most row of parking stalls in the public parking lot on the south side of South Front Street
and east of vacated Wheeler Street;
(I) The public parking lot on the north side of Second Street and Walnut Street;
(J) The western most row of parking stalls in the public parking lot on the east side of Pine Street, south of
South Front Street; and
ORDINANCE NO. 8735 (Cont.)
- 2 -
Approved as to Form – ___________
April 19, 2002 • City Attorney
(K) The lower level of the public parking ramp on the east side of Locust Street, north of First Street.
All city-owned parking spaces located within said congested parking area shall be designated Metered Zone or
Express Zone and subject to the parking meter system except those parking spaces reserved for handicapped parking
only. One or more Express Zone spaces shall be located on each side of each block of on-street parking within the
congested area and shall be designated by posted signs.
SECTION 3. Article VII – Parking Ramp Regulations and Section 13-55 is
hereby added to Chapter 13 of the Grand Island City Code to read as follows:
§13-55. Parking Ramp Regulations
The Downtown Improvement Board is authorized to promulgate, subject to the approval and adoption by
the City Council, such regulations and rates as are necessary and convenient to lease to the public the parking spaces
in the public parking ramp on the east side of Locust Street, north of First Street. Said regulations and rates shall be
enacted by resolution. The rates shall be set forth in the City of Grand Island Fee Schedule.
SECTION 4. Sections 13-4 and 13-17 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 23, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#8736 - Consideration of Creating Sanitary Sewer District # 505,
Livengood, Sharon Rose and Rapien Subdivisions and part of
Sections 15-11-9 and 10-11-9
This Ordinance provides for the establishment of a Sanitary Sewer District located in
Livengood, Sharon Rose and Rapien Subdivisions and part of Sections 15-11-9 and 10-11-9.
The District would provide for the construction of a sanitary sewer line and related
appurtenances along Seedling Mile Road and Willow Street. The area is not currently served
by the City sanitary sewer system. The costs would be primarily funded through assessments.
The issue has been discussed by Council at previous sessions, and background reference
material is attached to this narrative. The formation of the District is in accordance with
State law. A 30 day protest period follows the publication of creation of the District. See
attached ORDINANCE.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Creation of Sanitary Sewer District 505
Livengood, Sharon Rose and Rapien Subdivisions and part of Sections 15- 11-9 and 10-11-9
April 19, 2002
Background
Sanitary Sewer District 502 was created by the City Council on August 28, 2001. The District
completed the 30-day protest period at 5:00 p.m. Thursday, October 4, 2001, with protests filed
by less than 50% of the front footage for the abutting property owners. Property owners in the
area are concerned that they can not afford the Sanitary Sewer District. The item for
consideration of continuation of the District was tabled at the October 23, 2001 Council meeting.
The following information was discussed at the December 4, 2001 Council meeting:
Total Costs
Public Works staff reviewed the total estimate for the project. The total estimate for the project
may be 12 ½ % higher because of the Nebraska Department of Roads’ US Highway 30 East
project. We reviewed our estimates and do not see any areas where we were high so the initial
total project cost estimate is the estimate we should use.
Grant Funding
Public Works Director Steve Riehle, Community Projects Director Cindy Johnson and Monty
Montgomery of the Grand Island Area Economic Development Corporation met to explore
funding options. The area is not eligible for Community Development Block Grant (CDBG)
funds and would be a low priority for funding by the Community Redevelopment Authority
(CRA).
Distribution of Assessments
Statute stipulates that the assessments should be allocated in proportion to the benefit to each
property. The estimated assessments were calculated by distributing ½ of the project cost by lot
area and ½ by front footage.
The motion to approve continuation of the District failed due to abutting property owners’
concerns.
Discussion
The Public Works and Community Projects Departments further researched funding avenues
such as Nebraska Department of Economic Development funding. We were unsuccessful in
identifying funding streams that would be appropriate for this operation.
State statute provides that protests are calculated based strictly on front footage. The statutes call
for assessments to be levied to the properties in proportion to their benefit. We reviewed several
methods and believe the most equitable formula for determination of benefits and the
assessments is to distribute 50% of the cost based on front footage and 50% according to lot area.
This method of distributing the assessments was used for the original District costs estimate. The
uploaded chart shows the benefits to the property owners for assessing based on a split between
front footage and lot area versus strictly front footage.
Creation of Sanitary Sewer District 505
Page 2.
Nevada Railroad Materials(NRM) will soon be operating their wood railroad tie rehabilitation
facility at 1308 East Seedling Mile Road. The Subdivision Agreement states that the subdivider
will request a Sanitary Sewer District to serve the Subdivision. A copy of the Subdivision
Agreement for Livengood Subdivision, along the north side of Seedling Mile Road is attached.
Because of the estimated time needed to complete construction of a Sanitary Sewer District,
NRM installed temporary facilities. The temporary facilities are a short-term solution and NRM
would like to connect to City sanitary sewer.
Bob Ollendick of NRM will be present at the Council meeting to discuss the issue with the
Council so NRM can start their operation in May or June of 2002.
Recommendation
The issue before the Council remains the creation of a sanitary sewer district to serve this area.
Council has four alternatives:
1. Creation of a Protest District that has the same boundaries as the original district. A
protest period would apply and Council would consider continuation of the District upon
completion of the protest period. An Ordinance to create the District will be on the
Agenda for Council consideration.
2. Creation of a Tap District whereby property owners would not be obligated to pay for
their share of the sanitary sewer until they connect. The Wastewater Division of the
Public Works Department does not have the financial resources to fund Tap Districts.
3. Require NRM to build the Sanitary Sewer as a project at their cost for the section of
the sanitary sewer along Seedling Mile Road. The cost to NRM would be increase from
an estimated $28,000 to approximately $140,000.
4. Amend the Subdivision Agreement to allow a private septic tank and leach field for the
NRM property. NRM has verbally asked to be reimbursed for the money they spent for
sanitary sewer piping on their property in anticipation of a public sanitary sewer main
along Seedling Mile Road. Private septic tanks and leach fields within City limits should
be discouraged if public sanitary sewer can be made available. An amended Subdivision
Agreement could be brought forward for Council consideration at a future meeting.
Financial Implications
If the District is created and continued, the majority of the costs will be assessed to the benefiting
properties.
Sanitary Sewer District No. 505-Estimated Assessments
Total Assessment Calculated Total Assessment
50% by Front Footage,Calculated
50% by Lot Area By Frontage
Owner & Address
Livengood Properties L.L.C.89,968.04$ 63,716.73$
Nevada Railroad Materials 28,770.53$ 28,908.37$
Wayne K. Meier (Trustee)12,211.49$ 19,076.38$
William H. & Merle H. Roberts 11,581.88$ 17,663.76$
Randy F. & Marianne Rapien 33,943.76$ 34,145.12$
Lucile A. Kensinger 20,839.28$ 33,804.64$
NDOR -$ -$
197,315.00$ 197,315.00$
Assessment Calculations
April 16, 2002
$-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
Livengood Properties L.L.C.Nevada Railroad MaterialsWayne K. Meier (Trustee)William H. & Merle H. RobertsRandy F. & Marianne RapienLucile A. Kensinger50% Front Foot, 50% Area
100% Front Foot
Approved as to Form? _____________
April 19, 2002 ? City Attorney
ORDINANCE NO. 8736
An ordinance creating Sanitary Sewer District No. 505 of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
assessment of special taxes for constructing such sewer and collection thereof; and providing for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 505 is hereby created for the
construction of ten (10.0) inch sanitary sewer mains and appurtenances thereto for Livengood
Subdivision, Rapien Subdivision, Sharon Rose Subdivision, and a part of the Southeast Quarter
(SE1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.,
and a part of the Northeast Quarter (NE1/4) of Section Fifteen (15), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., all in the city of Grand Island, Hall County,
Nebraska.
? This Space Reserved for Register of Deeds ?
ORDINANCE NO. 8736 (Cont.)
- 2 -
Approved as to Form ? ___________
April 19, 2002 ? City Attorney
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the northwest corner of Livengood Subdivision; thence south on the
west line of Livengood Subdivision, Sharon Rose Subdivision and a prolongation
thereof to the north line of U.S. Highway No. 30; thence northeasterly on the
north line of U.S. Highway No. 30, said line also being the southerly line of
Rapien Subdivision and a prolongation thereof to the south line of Section 10-11-
9; thence east on the south lines of Section 10-11-9 and Section 11-11-9 to a point
Ninety Three (93.0) feet east of the southwest corner of Section 11-11-9; thence
north on a line Ninety Three (93.0) feet east of and parallel to the west line of
Section 11-11-9 to a point on the north line of Lot 12, Bosselman Brothers
Subdivision; thence southwesterly on the north lines of Bosselman Brothers
Subdivision, Livengood Subdivision and a prolongation thereof to the point of
beginning, all as shown on the plat dated April 18, 2002, attached hereto as
Exhibit “A” and incorporated herein by reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and thereafter, bids for the construction of such sanitary
sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. The cost of construction of such sanitary sewer district shall be
assessed against the property within the district abutting upon the easement or other right-of-way
within which such sanitary sewer main has been constructed, to the extent of benefits to such
property by reason of such improvement, and a special tax shall be levied at one time to pay for
such cost of construction as soon as can be ascertained as provided by law; and such special tax
and assessments shall constitute a sinking fund for the payment of any warrants or bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; and such special
assessments shall be paid and collected in a fund to be designated and known as the Sewer and
Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of
sanitary sewer shall be paid.
ORDINANCE NO. 8736 (Cont.)
- 3 -
Approved as to Form ? ___________
April 19, 2002 ? City Attorney
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Isla nd Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: April 23, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, Cit y Clerk
Item G1
Receipt of Official Documents - Civil Service Minutes of March 7,
2002
The Minutes of the March 7, 2002 Civil Service Meeting are submitted. See attached
MINUTES.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
City Of Personnel Department
GRAND ISLAND Working Together for a
Better Tomorrow. Today.
MINUTES
CIVIL SERVICE COMMISSION
March 7, 2002
Roll Call: Members Present: Leeper, Burns, Hilligas
Members Absent: None
Also Present: Marlan Ferguson, City Administrator, Charles Cuypers, City Attorney,
Dale Shotkoski, Asst. City Attorney, Brenda Sutherland, HR Director,
Jim Rowell, Fire Chief, Curt Rohing, Fire Operations Chief
Burns called the meeting to order at 8:35 a.m.
Notice of the meeting was published in the March 5, 2002 edition of the Grand Island Independent.
Hilligas moved to approve the Minutes of the February 19, 2002, meeting. Burns seconded the motion, which carried
unanimously upon roll call vote.
The Commission received a request from the Police Department to advertise and conduct the Police Officer examination.
Hilligas moved to authorize the Secretary to advertise and conduct a Police Officer exam. Burns seconded the motion,
which carried unanimously upon roll call vote.
The Commission received, from Rowell, a document outlining reclassification from Paramedic to FF/EMT. Rowell has
received a request from a Paramedic to be reclassified to FF/EMT. No other requests have come to the Fire Department.
Rowell reminded the Commission that existing employees could be reclassified and placed where they can still provide
appropriate services. Sutherland explained to the action taken by the Commission at the January 16, 2002, meeting was,
“that should a reclassified individual want to return to the previous position as a paramedic, they must take and pass the
entry level exam and be placed by the Commission on the Certified List for Paramedic.” She also pointed to that fact we
have been successful in testing and reclassifying our own FF/EMT to Paramedics. Rowell suggested Paramedics already
trained, even with reclassification, would still provide expertise and experience, and sees this as a benefit to the Fire
Department. He said the Fire Department tries to accomplish keeping the best, most qualified people on the force and would
like a resolution today so we can proceed with hiring and training.
Shotkoski stated that there are no guarantees that a Paramedic reclassified to FF/EMT would again be eligible through
testing for Paramedic. Ferguson stated he is concerned about reclassifying after going to the expense of training and
placing Paramedics. Also, testing provides us the opportunity to recruit and hire the best candidates. Burns wondered if
this type of reclassification should be a management prerogative.
Cuypers explained hiring policies that do not permit in-house preference given to current employees. In the past, a board of
arbitrators determined that preferential treatment was not acceptable. For Civil Service positions, Nebraska statutes give
local Civil Service Commissions the authority to appoint. Currently, we test for Fire and Police positions.
Reclassification should not be done outside the jurisdiction of the Civil Service Commission. He stated that the Civil Service
Rules and Regulations create rigidity in creating the ability to involve the public in applying for positions. He expressed
concern that the rank and file is creating vacancies and would recommend that when a person is dissatisfied with a work
position they not be given the opportunity to reclassify, especially when all positions require testing.
Burns stated that because, in Cuypers’ legal opinion, we are in conflict with the Civil Service Rules and Regulations, the
January 16, 2002, action taken should be rescinded. Burns moved to rescind the action taken by the Commission on
January 16, 2002, namely, that the following should take place if a Paramedic reclassified as a FF/EMT wants to return to
the classification of Paramedic: Entry level FF/Paramedic examination administered, passing grades obtained and
placement by the Commission on the Certified List for Paramedic. Hilligas seconded the motion, which carried unanimously
upon roll call vote.
There being no further business, Burns moved to adjourn the meeting at 9:25 a.m. Hilligas seconded the motion, which
carried unanimously upon roll call vote.
Respectfully submitted,
Brenda Sutherland, Secretary Approved by Civil Service Commission: 4/9/02
Civil Service Commission Copies of approved Minutes to: City Clerk
Item G2
Receipt of Official Documents - Pawnbroker's Official Bonds for
Wayne's Pawn Shop, Stewart's Loan and Pawnshop and GI Loan
Shop
Chapter 25 of the Grand Island City Code allows for Pawnbrokers licenses. All permits expire
on May 1st of each year. City Council approval is required for new applications and
renewals. The City Clerk's Office has received applications and Official Bonds from Wayne's
Pawn Shop, Stewart's Loan and Pawnshop and GI Loan Shop. Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G3
Approving Appointment to Regional Planning Commission
With Council approval, I would like to appoint Robert Obst to serve a term on The Regional
Planning Commission. His term would begin immediately and expire on October 1, 2004.
Thank you for your consideration.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Mayor
City of Grand Island City Council
Item G4
Approving Minutes of April 9, 2002 City Council Regular Meeting
The Minutes of the April 9, 2002 City Council Regular Meeting are submitted for approval.
See attached MINUTES.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 9, 2002
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 Cha mbers of City Hall, 100 East First
Street, on April 9, 2002. Notice of the meeting was given in the Grand Island Independent on
April 3, 2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, Ward, Seifert, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. Councilmember Larson was absent. The following City Officials were present: City
Administrator Marlan Ferguson, City Clerk RaNae Edwards, City Attorney Charlie Cuypers,
Public Works Director Steve Riehle and Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by
Councilmember Jackie Pielstick.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
It’s About Kids! Youth Leadership Tomorrow, It’s About Kids! assets were presented by
Lindsey Shoemaker, Mollie Seim and Abby Robbins.
Proclamation “April is for the Arts” Month April 2002. Mayor Gnadt proclaimed the month of
April, 2002 as “April is for the Arts”. Trish Beam, representing the Convention and Visitors
Bureau and Carolyn Carr representing Moonshell Arts & Humanities Council were present to
receive the proclamation.
Proclamation “Public Health Month” April 2002. Mayor Gnadt proclaimed the month of April,
2002 as “Public Health Month”. Sojna Simpson, Health Department Director was present to
receive the proclamation.
Proclamation “Taiwan Heritage Week” May 5-11 2002. Mayor Gnadt proclaimed the week of
May 5-11, 2002 as “Taiwan Heritage Week”.
Proclamation “National Library Week” April 14-20, 2002. Mayor Gnadt proclaimed the week of
April 14-20, 2002 as “National Library Week”. Steve Fosselman, Library Director and Jerry
Bryant, President of the Library Board were present to receive the proclamation.
Proclamation “Fair Housing Month” April 2002. Mayor Gnadt proclaimed the month of April,
2002 as “Fair Housing Month”.
Page 2, City Council Regular Meeting, April 9, 2002
PUBLIC HEARINGS:
Public Hearing on Request of Todd Carpenter and Doug Redman for Conditional Use Permit for
a Parking Lot Located at 1717 West 2nd Street. Craig Lewis, Building Department Director
reported that Todd Carpenter and Doug Redman, 2106 North Webb Road, had submitted an
application with the City Clerk's Office for a Conditional Use Permit for a parking lot located at
1717 West 2nd Street. The property under consideration was the south one half of the block. The
property was currently zoned R-3 medium density residential and as such parking lots are
allowed only if approved by the City Council in the form of a conditional use permit. No public
testimony was heard.
Public Hearing on Request of Dennis and Barbara Stark for Conditional Use Permit for
Construction of a New Home While Living in Current Home Located at 3460 North Webb Road.
Craig Lewis, Building Department Director reported that Dennis and Barbara Stark, 3460 North
Webb Road, had submitted an application with the City Clerk's Office for a Conditional Use
Permit for construction of a new home while living in their current ho me located at 3460 North
Webb Road. The property was currently zoned A-G, Agricultural Zone, this zoning classification
allows that only one principal building shall be permitted on one zoning lot. Section 36-119 of
the Grand Island Zoning code does allow for temporary buildings and uses not to exceed two
years in undeveloped areas, as a conditional use approved by the City Council. No public
testimony was heard.
Public Hearing on Request of Gas Island LLC dba Gas Island, 2012 North Webb Road for a
Class “D” Liquor License. City Clerk, RaNae Edwards reported that Mark Masek, owner of Gas
Island LLC dba Gas Island, 2012 North Webb Road had submitted an application with the City
Clerk's Office for a Class "D" Liquor License which allows for the sale of alcoholic liquor off
sale only inside the corporate limits of the City of Grand Island. Ms. Edwards presented the
following exhibits for the record: application submitted to the Liquor Control Commission and
received by the City on March 26, 2002; notice to applicant of date, time and place of hearing
mailed on March 26, 2002; notice to the general public of date, time and place of hearing
published on March 31, 2002; Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Acquisition of Permanent Utility Easements for Sanitary Sewer District #493.
(Reed Road, Roth Road and Beachwood Drive) Steve Riehle, Public Works Director reported
that acquisition of permanent utility easements relative to Sanitary Sewer District #493 located
on Reed Road, Roth Road and Beachwood Drive were required in order to construct Sanitary
Sewer District 493. The individual Owners had agreed to the terms for the easements. No public
testimony was heard.
Public Hearing on Proposed Grant Application to Department of Economic Development
Relative to Community Development Funding for Nebraska Goodwill Industries Behavioral
Health Rehabilitation Center. Jeri Garroutte, Community Development Director reported that the
Nebraska Department of Economic Development accepts applications through the Community
Development Block Grant Program for grant funding to assist with public works activities,
including community centers, senior centers, primary health and mental health clinics and
dependent care facilities. Applications could only be submitted by municipalities. Community
Page 3, City Council Regular Meeting, April 9, 2002
Projects staff had met with a number of agencies who had requested the City make application
on their behalf. After careful review of the proposed projects and discussion with the DED
Program Representative, City staff recommended the submittal of an application for the
renovation and expansion of Central Nebraska Goodwill Industries Behavioral Health
Rehabilitation Center. The Center was a site for comprehensive behavioral health services
including day rehabilitation, employment services, day support, community support, and housing
for persons with a serious mental illness. The City's request to CDBG was for funding in the
amount of $322,500; total cost of the project was anticipated to be approximately $432,500. The
remaining $110,000 was available through Central Nebraska Goodwill Industries. Community
Projects staff would monitor and oversee the grant activities. Terry Loschen, 2102 Stagecoach
Road and Chris Nolan-Brown, 1720 South Curtis Street spoke in support. No further public
testimony was heard.
Public Hearing on Acquisition of Ingress/Egress Easement and Permanent Easement Located at
2322-2328 South Locust Street. (Gary Shovlain) This item was pulled from the Agenda.
ORDINANCES:
Motion by Pielstick, second by Whitesides, carried unanimously to table Ordinance #8721 and
Resolution #2002-56 until the May 7, 2002 Council Meeting.
#8721 – Consideration of Conveyance of Real Estate in Meadowlark West Third Subdivision
and Part of the SE1/4 NE1/4 of Section 13-11-10 Hall County, Nebraska to Reconfigure
Detention Cell
#2002-56 – Approving Reconfiguration of Detention Cell Including Acquisition of Real
Estate and Approval of Exchange Agreement
Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8729 – Consideration of Amendment to Chapter 29 of the Grand Island City Code
Relative to Health Inspections
#8730 – Consideration of Amendment to Chapter 17 of the Grand Island City Code
Relative to Junked Vehicles
#8731 – Consideration of Amendment to Chapter 20 of the Grand Island City Code
Relative to Disorderly Houses
#8732 – Consideration of Creating Street Improvement District #1244, Alley From Cedar
Street to Elm Street Between 3rd Street and South Front Street
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 their first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage. Councilmember
Pielstick seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there any one in the audience interested in these ordinances? City Attorney Charlie
Cuypers and Code Compliance Officer Tim Holloway presented a power point presentation
Page 4, City Council Regular Meeting, April 9, 2002
regarding Ordinance #8730 Junked Vehicles. Randy Boltz, 515 East Capital Avenue, Randy
Schoenstein, 1132 Greenwich Street and Allan Doudna, 524 West 8th Street #4 spoke in
opposition. John Luna, 712 East 8th Street spoke in favor. Steve Riehle, Public Works Director
explained Ordinance #8732. No further public testimony was heard.
City Clerk: Ordinances #8729, #8730, #8731 and #8732 on first reading. All those in favor of
the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all
voted aye.
City Clerk: Ordinance #8729m #8730, #8731 and #8732 on final passage. All those in favor of
the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all
voted aye.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8729, #8730, #8731 and #8732 are declared to be lawfully passed and adopted upon publication
as required by law.
CONSENT AGENDA: Motion by Hornday, second by Seifert carried unanimously to table
Resolution #2002-78 until May 7, 2002. Motion by Pielstick, second by Ward, carried
unanimously to approve the Consent Agenda excluding items G-7, G-8, G-15 and G-16.
Approving Minutes of March 26, 2002 City Council Regular Meeting. Councilmembers
Hornady and Seifert abstained.
Approving Minutes of April 2, 2002 City Council Study Session.
Approving Request of Todd Carpenter and Doub Redman for Conditional Use Permit for a
Parking Lot Located at 1717 West 2nd Street. David Jelinek, 1723 West 1st Street questioned the
notification process and asked about the landscaping.
Approving Request of Dennis and Barbara Stark for Conditional Use Permit for Construction of
a New Home While Living in Current Home Located at 3460 North Webb Road.
Approving Request of Gas Island LLC dba Gas Island, 2012 North Webb Road for a Class “D”
Liquor License.
Approving Request of David Masek, HC 76, Box 44, Purdum, Nebraska for Liquor Manager
Designation for Gas Island LLC dba Gas Island, 2012 North Webb Road.
#2002-56 – Approving Reconfiguration of Detention Cell Including Acquisition of Real Estate
and Approval of Exchange Agreement. This item was tabled until the April 9, 2002 City Council
Meeting. Tabled to the May 7, 2002 City Council Regular Meeting.
#2002-78 – Approving Final Plat and Subdivision Agreement for Meadowlark West Fourth
Subdivision. Tabled to the May 7, 2002 City Council Regular Meeting.
Page 5, City Council Regular Meeting, April 9, 2002
#2002-91 – Approving Acquisition of Permanent Utility Easements for Sanitary Sewer District
#493.
#2002-92 – Approving Discontinuation of Street Improvement District #1242, Third Street and
Front Street From Cedar Street to Elm Street.
#2002-93 – Approving Continuation of Street Improvement District #1243, Third Street abd
Front Street From Elm Street to Cleburn Street.
#2002-94 – Approving Chang Order #2 to the Contract with Kayton Electric for Electrical
System Improvements at the Wastewater Treatment Plant for a Net Increase of $11,935.00 and a
Revised Contract Amount of $964,981.00.
#2002-95 – Approving Application to Nebraska Department of Economic Development
Community Block Grant Program for Central Nebraska Goodwill Industries.
#2002-96 – Approving Bid Award for Water Main Project #2002-W-4 with Diamond
Engineering Company, Grand Island, Nebraska in an Amount of $26,738.71.
#2002-97 – Approving Acquisition of Ingress/Egress Easement Located at 2322-2828 South
Locust Street. (Gary Shovlain) This item was pulled from the Agenda.
#2002-98 – Approving Acquisition of Permanent Easement Located at 2322-2328 South Locust
Street. (Gary Shovlain) This item was pulled from the Agenda.
#2002-99 – Approving Bid Award for Library Expansion Project with Starostka Group
Company, Grand Island, Nebraska in an Amount of $82,000.00.
#2002-100 – Approving Bid Award for Hot Mix Asphalt for 2002 Street Maintenance with Gary
Smith Construction Company, Inc., Grand Island, Nebraska in an Amount of $16.75 per ton for
Type B Asphalt and $19.75 per ton for Type C Asphalt.
#2002-101 – Approving Bid Award from State Contract No. CA5706 for Ford F350 Pickup and
Chevrolet Silverado 2500HD Pickup for Wastewater Treatment Plant with Husker Auto Group,
Lincoln, Nebraska in an Amount of $26,737.20 for Chevrolet Silverado 2500HD Pickup and
$28,899.00 for Ford F350 Pickup.
#2002-102 – Approving Bid Award for Filter Face Piping Repair at Island Oasis with Neuman
Pools, Beaver Dam, Wisconsin in an Amount of $12,300.00.
REQUESTS AND REFERRALS:
Consideration of Request by Petition for Water Main District on Gretchen Street and to Refer to
Utilities Department to Begin Design. Gary Mader, Utilities Director reported that a petition had
been received by the City Clerk's Office for a Water Main District on Gretchen Street It had been
recommended that this be referred to the Utilities Department to begin design for the Water Main
Page 6, City Council Regular Meeting, April 9, 2002
District. Motion by Hornady, second by Murray, carried unanimously to forward to the Utilities
Department.
RESOLUTIONS:
#2002-103 – Approving Endorsing Transportation Improvements for Grand Island and the
Enactment by the Nebraska Unicameral of a New State Wide Transportation Program “Nebraska
on the Move”. Steve Riehle, Public Works Director reported that the Nebraska League of
Municipalities had requested that the City Council consider a Resolution encouraging the
Nebraska Unicameral to enact a new state-wide comprehensive transportation program. Grand
Island had been asked to identify several transportation capital improvements that were vital to
improve safety and growth of the community. South Locust Street, US Highway 30 East and US
Highway 30 through the City of Grand Island, US Highway 34 - Locust Street to US Highway
281, and Capital Avenue from US Highway 281 to St. Paul Road were identified as vital
projects. The City was unable to finance all capital transportation improvements without the
assistance of the State of Nebraska, Nebraska Department of Roads and other agencies, and the
State cannot address City needs without the enactment of a new Program. Motion by Pielstick,
second by Sorensen, carried unanimously to approve.
#2002-104 – Approving Support of the Central Nebraska Regional Airport Efforts Towards the
U.S. Department of Transportation’s Small Communities Air Service Development Program.
Marlan Ferguson, City Administrator reported that the Central Nebraska Regional Airport was
seeking to establish the Central Nebraska Air Service Consortium consisting of local
communities and counties to apply for a grant from the Small Community Air Service
Development Pilot Program. This program has been funded by Congress for two years in the
amount of $45,000,000 to make available grants for local air service development in up to 40
communities and/or consortia. The Central Nebraska Regional Airport has obtained
commitments from a number of area communities and counties to participate in the grant
application and funding of the air service development effort. The administration of the City of
Grand Island has recommended authorization to pay $24,000 to the consortium over the next two
years to be used as part of this development program and to participate in the grant application.
Motion by Seifert, second by Sorensen, carried unanimously to approve.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Hornady, carried unanimously to approve the Claims for the
period of March 27, 2002 through April 9, 2002, for a total amount of $10,374,713.96.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G5
Approving Minutes of April 16, 2002 City Council Study Session
The Minutes of the April 16, 2002 City Council Study Session are submitted for approval. See
attached MINUTES.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 16, 2002
Pursuant to due call and notice thereof, a Study Session 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 April
16, 2002. Notice of the meeting was given in the Grand Island Independent on April 10, 2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pie lstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City
Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Charlie Cuypers and
Finance Director David Springer.
PLEDGE OF ALLEGIANCE was said.
Betty Curtis, 205 North Wheeler, representing the Clean Community System invited the Mayor and
City Council to a press conference to be held on April 23, 2002 for the “Trash Bash”. Ms. Curtis
introduced Glenda Mason and Brad Fossberg committee members for “Trash Bash” who explained
some of the events for the day of May 4, 2002.
Discussion Concerning Central District Health Department Interlocal Agreement. Sonja Simpson,
Health Department Director reported that LB692 was landmark legislation passed by the legislature
in 2001. It allowed for a trust fund to be established from interest from the tobacco settlement funds.
The purpose of the legislation was to establish a public health infrastructure for the state. Nebraska
has 93 counties and only 6 had any kind of a public health department.
The lack of a coordinated public health infrastructure in the state makes it difficult to obtain major
federal funding for public health programs. In addition, the health statistics in the state of Nebraska,
in a number of areas, are low compared to other states. The legislation indicated that district health
departments could be formed and those districts needed to be at least 3 counties and 30,000
population. Grand Island invited several counties to join with their established health department.
Two counties (Hamilton and Merrick) have committed to joining the Grand Island Hall County
Health Department.
The process of formation of the new district health department has had legal counsel by Earl
Alschwede. A group of representatives of the three counties met in January of this year to draw up
the agreement moving the current health department from a city county to a district health
department. All 3 counties have agreed to the language of the agreement. A letter of approval was
issued by the state on January 3, 2002 for the formation of the district health department.
The City Administrator had two concerns and recommended changes to the agreement. The first
issue is in regards to the status of the employees. Since they are District employees is was
recommended the District establish their own personnel policy and rules and regulations. By separate
agreement they will be able to continue to be enrolled in the City's Health, Retirement, 457, Long
Term and Life benefits, and the Cafeteria plan. The City would continue to be the fiscal agent. The
Page 2, City Council Study Session, April 16, 2002
second issue was the make up of the board. Since the majority of the citizens are in Grand Island it
was recommended that three appointed board positions come from within the City of Grand Island.
Those folks would be very much aware of the public health needs and concerns of Grand Island. In
addition the City would be asked to continue funding the programs in addition to Hall County's
contribution, therefore it seemed only right that the City have additional representation on the board.
Councilmember Sorensen requested this item be placed on the May 23, 2002 Regular Council
meeting for action by the Council. Councilmember Murray spoke of concerns with the representation
on the board.
Discussion Concerning Annexation. Marlan Ferguson, City Administrator reported that further study
had been given to the annexation issue since the presentation at the Council Retreat. When people
live, work and play in close proximity to one another, municipalities were created to provide the
services essential for the protection of the health, safety and well being of residents. Many factors
drive annexation of urban and suburban areas adjacent to existing city boundaries. Expansion of
municipalities should not be based on short-term economic analysis but should be based on a long-
term plan to achieve the necessary expansion of services in the most economical manner.
Mr. Ferguson stated annexation of the proposed areas makes sense. It would be the right thing to do
if services were to be provided and growth planned for. Municipalities have historically been charged
with meeting the needs of the expanded community. The City would inherit these areas of the
community at some point. It would be best to acquire and plan for improvements in infrastructure.
Main trunk lines, lift stations, etc were already in place in many areas (paid for by customers at that
time). Extending the infrastructure provides for growth opportunities in these areas. All subsequent
customers benefit from this baseline infrastructure investment.
Mr. Ferguson further stated that municipalities provide for the protection of health, safety and well
being of property owners in areas that were used primarily for residential, industrial, and commercial
purposes, also orderly growth pursuant to land use, building, streets, sidewalks, sanitary sewer, storm
sewer, water, electrical service, parks, libraries, fire protection, and police protection.
Mr. Ferguson reviewed the 15 areas possible for annexation. The following staff recommendations
were given:
#1 North St. Paul Road Not recommended at this time
#2 Airport Recommends further consideration
#3 Fairacres Recommends further consideration
#4 East Lakes Recommends further consideration
#5a East Bismark Road Not recommended at this time
#5b Stuhr Road North of Bismark Recommends further consideration
#6 Firethorne Lake Recommends further consideration
#7 Vanosdall Lake Not recommended at this time
#8 South Lakes – East of Blaine – Rainbow Lake Not recommended at this time
#9 Scheel Subdivision Recommends further consideration
#10 South US Highway 281 Recommends further consideration
#11 Langenheder Street Recommends further consideration
#12 Schroeder and Fireside Subdivisions Recommends further consideration
#13 Stolley Park Road and Engleman RoadNot recommended at this time
#14 Airport Road and North Road Not recommended at this time
Page 3, City Council Study Session, April 16, 2002
#15 North Webb Road Not recommended at this time
Mr. Ferguson discussed the timeline for the annexation, which would take approximately 2-3
months. Nine areas of annexation were recommended.
Councilmember Murray suggested that the Council establish some criteria as to which areas need to
be annexed and recommended establishing a committee. Councilmember Larson asked if it was
staff’s recommendation to do all nine areas simultaneously. Mr. Ferguson stated that it was staff’s
recommendation but it could be done in stages. Charlie Cuyeprs, City Attorney stated that the
process is complicated enough, he would recommend doing them simultaneously. Councilmember
Sorensen questioned public safety issues. Mr. Ferguson stated that they had visited with the Police
and Fire Departments. The Police Department would not be a problem. The Fire Department would
have issues that would need to be looked at regarding water hook-ups and employees.
Councilmember Pielstick asked what the City could do to encourage the people in these areas to
annex. Mr. Ferguson stated that they would be a part of the City and have the benefits that the City
would offer. Also private wells were mentioned as possible problems for the residents.
Councilmember Ward requested a chart of the eastern part of town as to problems in this area before
a decision by Council was made. Discussions with the residents would be imperative.
Councilmember Haase stated concerns regarding the budget. Councilmember Hornady questioned
the age of the houses in the East Lakes area. Craig Lewis, Building Department Director explained
the septic tanks and leech field situations in the area. Councilmember Murray questioned the number
of years it would take to provide services for the 9 areas. Mr. Ferguson stated it was hoped to have
them all done within 5 years.
Bob Kutz, President of Kuester Lake Association spoke in opposition to the annexation of the East
Lakes area and stated his concerns regarding the economics of this plan. John Luna, 712 East 8th
Street, spoke concerning the high water table in the East Lakes area and concerns about
contamination. Cost effectiveness was mentioned. Councilmember Murray requested more cost
details before Council made any decisions.
ADJOURNMENT: The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G6
Approving Request of Donald Bradley, 4039 Manchester Road for
Liquor Manager Designation for Sam's West, Inc. dba Sam's Club
#6461, 1510 North Diers Avenue
Donald Bradley, 4039 Manchester Road representing Sam's West, Inc,. dba Sam's Club
#6461, 1510 North Diers Avenue, has submitted an application with the City Clerk's Office
for a Liquor Manager Designation in conjunction with the Class "D-26270" Liquor License.
This application has been reviewed by the Police Department and City Clerk's Office.
Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G7
#2002-105 - Approving Acquisition of Utility Easement Along the
East Side of Elm Street, Between 1st Street and Division Street - St.
Mary's Church
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to property of Sr. Mary’s
Church, located along the east side of Elm Street, between 1st Street and Division Street, in
order to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers.
This easement will be used to locate underground primary lines and a pad mounted
transformer to serve the new Parish Center. The overhead power lines across the mid block
will be removed after completion of the underground. One dollar ($1.00) for the easement
will be paid to the grantor.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
EXHIBIT "A"
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-105
WHEREAS, a public utility easement is required by the City of Grand Island, from St.
Mary's Church, a Nebraska corporation, to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers; and
WHEREAS, a public hearing was held on April 23, 2002, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lots Four (4) and Five (5), Block
Eighty Six (86) Original Town, now the city of Grand Island, Hall County, Nebraska, the easement and
right-of-way being more particularly described as follows:
The westerly ten (10.0) feet of the southerly one hundred twelve (112.0) feet of Lot Four
(4), Block Eighty Six (86) Original Town, now the City of Grand Island; and the westerly
twenty (20.0) feet of the northerly twenty (20.0) feet of Lot Four (4), Block Eighty Six
(86), Original Town now City of Grand Island; and the westerly ten (10.0) feet of Lot Five
(5), Block Eight Six (86.0) Original Town now City of Grand Island, Hall County,
Nebraska.
The above-described easement and right-of-way containing a combined total of 0.065
acres, more or less as shown on the plat dated April 8, 2002, marked Exhibit "A" attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from St. Mary's Church, a Nebraska corporation, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2002-106 - Approving Acquisition of Utility Easement - Grand
Island Liederkranz
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to property of the Grand
Island Liederkranz, located in the southwest corner of the Liederkranz building located at
403 West 1st Street, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
This easement will be used to locate a pad-mounted transformer to serve the entire block.
There is no other location available in this block to locate a transformer. One thousand
dollars ($1,000.00) for the easement will be paid to the grantor. The attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
EXHIBIT "A"
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-106
WHEREAS, a public utility easement is required by the City of Grand Island, from Grand
Island Liederkranz, a Nebraska corporation, to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers; and
WHEREAS, a public hearing was held on April 23, 2002, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot Three (3), Block Eighty Seven
(87) Original Town, now the city of Grand Island, Hall County, Nebraska, the easement and right-of-way
being more particularly described as follows:
The southerly twenty (20.0) feet of the westerly twenty (20.0) feet of Lot Three (3), Block
Eighty Seven (87) Original Town, now the City of Grand Island, Hall County, Nebraska.
The above-described easement and right-of-way containing 400 square feet, more or less
as shown on the plat dated April 9, 2002, marked Exhibit "A" attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Grand Island Liederkranz, a Nebraska corporation, on
the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2002-107 - Approving Acquisition of Right of Way Located in SW
1/4 of Section 13-11-10, (Along the east side of North Road north of
Old Potash Highway)
This item relates to the aforementioned Public Hearing. Acquisition of right-of-way located
in the SW 1/4 of Section 13-11-10, along the east side of North Road from the Rogers Well
property at Old Potash north to the ditch 370.0 feet north of Faidley Avenue is required in
order to construct and maintain a drainage ditch as an extension of the Moores Creek
Drainway. There are sufficient funds available in account no. 40033520-90013. See
attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-107
WHEREAS, the City is interested in acquiring property from T & E Cattle Company, a
corporation, for the purpose of public right-of-way along North Road, adjacent to Faidley Avenue; and
WHEREAS, a public hearing was held on April 23, 2002 for the purpose of discussing the
proposed acquisition of right-of-way being more particularly described as follows:
Tract No. 1: A tract of land comprising a part of the northwest corner of the Southwest
Quarter (SW1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska more particularly
described as follows:
Beginning at a point where the east line of North Road intersects the north line of Faidley
Avenue, said point being Thirty Three (33.0) feet east of the west line of the Southwest
Quarter (SW1/4) of Section 13-11-10; thence north on the east line of North Road for a
distance of Three Hundred Seventy (370.0) feet; thence east on a line Sixty (60.0) feet
south of and parallel to the north line of the Southwest Quarter (SW1/4) of Section 13-11-
10 for a distance of One Hundred Thirteen (113.0) feet; thence south on a line One
Hundred Thirteen (113.0) feet east of and parallel to the east line of North Road for a
distance of Three Hundred Seventy (370.0) feet to the north line of Faidley Avenue; thence
west on the north line of Faidley Avenue for a distance of One Hundred Thirteen (113.0)
feet to the point of beginning, containing 0.96 acres more or less, as shown on the plat
dated March 6, 2002 attached hereto as "Tract 1".
Tract No. 2: A tract of land comprising a part of the Southwest Quarter (SW1/4) of
Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.
in the City of Grand Island, Hall County, Nebraska, being more particularly described as
follows:
Beginning at a point on the south line of Faidley Avenue, said point being Sixty Six (66.0)
feet east of the intersection of the west line of the Southwest Quarter (SW1/4) of Section
13-11-10 and the south line of Faidley Avenue; thence east on the south line of Faidley
Avenue for a distance of Eighty (80.0) feet; thence south on a line One Hundred Thirteen
(113.0) feet east of and parallel to the east line of North Road for a distance of One
Thousand Seven Hundred Twelve and Seven Tenths (1,712.70) feet more or less to a
point; thence west on a line Four Hundred Thirty Three (433.0) feet north of and parallel to
the south line of Section 13-11-10 for a distance of One Hundred Thirteen (113.0) feet to
the east line of North Road; thence north on the east line of North Road to a point where it
intersects a prolongation of the north line of Potash Subdivision; thence east on a
prolongation of the north line of Potash Subdivision for a distance of Thirty Three (33.0)
feet; thence north on a line Thirty Three (33.0) feet east of and parallel to the east line of
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
North Road to the point of beginning, containing 3.8 acres more or less, as shown on the
plat dated March 6, 2002 attached hereto as "Tract 2".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to
acquire public right-of-way from T & E Cattle Company, a corporation, for the above-described property.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G10
#2002-108 - Approving Bid Award for Playground Equipment for
Cedar Hills Park
Four bid were received ranging from $24,845.00 to $30,726.00. The low qualified bid was
submitted by Churchich Recreational Design, of Omaha NE in the amount of $30,289.00
The equipment estimate was $35,000.00. Funds are available in account number 40044450
90036 to pay for the equipment. It is the recommendation of the Parks and Recreation
Department to award a contract to Churchich Recreation Design in the amount of
$30,289.00.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: stevep
City of Grand Island City Council
Approved as to Form ¤
_______________
April 19, 2002 ¤ City Attorney
R E S O L U T I O N 2002-108
WHEREAS, the City of Grand Island invited sealed bids for Playground Equipment for
Cedar Hills Park, according to plans and specifications on file in the Parks and Recreation Department; and
WHEREAS, on April 2, 2002, bids were received, opened and reviewed; and
WHEREAS, Churchich Recreational Design of Omaha, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $30,289.00; and
WHEREAS, Churchich Recreational Design's bid is less than the engineer’s estimate for
such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Churchich Recreational Design of
Omaha, Nebraska, in the amount of $30,289.00 for Playground Equipment for Cedar Hills Park is hereby
approved as the lowest responsive bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G11
#2002-109 - Approving Bid Award for Playground Equipment for
Ryder Park and Broadwell Park
The Park and Recreation Department has $40,000.00 in the 2001-02 budget for the purchase
of playground equipment. Requests for proposals were sent to various playground equipment
vendors requesting three different playground equipment designs be developed with a not to
exceed price of $20,000.00 per unit. Six vendors responded and provided eighteen different
options.
The Broadwell Park Neighborhood Association selected a design provided by Churchich
Recreational Design of Omaha, NE for $19,700.00 for Broadwell Park, feeling it best fits the
needs of the area.
The second system selected will be installed at Ryder Park and was selected by staff to provide
an element of play that is currently missing. The design selected was provided by PRS
Associates of Bismark, North Dakota for $16,391.00.
Funds are available in account number 14420.05608 for this purchase.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: steve p
City of Grand Island City Council
Approved as to Form ¤_______________
April 19, 2002 ¤ City Attorney
R E S O L U T I O N 2002-109
WHEREAS, the City of Grand Island invited proposals for Three (3) Playground
Equipment Play Structures, according to plans and Request for Proposals on file with the Park Maintenance
Supervisor; and
WHEREAS, proposals were due on March 28, 2002; and
WHEREAS, Churchich Recreational Design of Omaha, Nebraska, submitted a proposal in
accordance with the terms of the Request for Proposals and all other statutory requirements contained
therein; such proposal being in the amount of $19,700 for playground equipment at Broadwell Park; and
WHEREAS, PRS Associates of Bismark, North Dakota, submitted a proposal in
accordance with the terms of the Request for Proposals and all other statutory requirements contained
therein; such proposal being in the amount of $16,391 for playground equipment at Ryder Park.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Churchich Recreational Design of
Omaha, Nebraska for playground equipment at Broadwell Park in the amount of $19,700 is hereby
approved as the best proposal received for that type of playground equipment.
BE IT FURTHER RESOLVED, that the proposal of PRS Associates of Bismark, North
Dakota, for playground equipment at Ryder Park in the amount of $16,391 is hereby approved as the best
proposal received for that type of playground equipment.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G12
#2002-110 - Approving Bid Award - 2002-AC-1 Asphalt
Maintenance Program
The Public Works Department, Engineering Division, and the Parks and Recreation
Department, and the Purchasing Division of the City Attorney's Office recommend awarding
the bid for the 2002-AC-1 Asphalt Maintenance Project. The engineers estimate was
$640,175.70. Two bids were received ranging from $519,970.86 to $537,170.32. The low bid
was submitted by J.I.L Asphalt Paving Company, Grand Island, Nebraska. There are
sufficient funds for this purchase in account numbers 40033536-90081, 40044450-90029,
40044450-90033, and 40044450-90021. See attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Approved as to Form ¤
_______________
April 19, 2002 ¤ City Attorney
R E S O L U T I O N 2002-110
WHEREAS, the City of Grand Island invited sealed bids for Asphalt Maintenance Project
2002-AC-1, according to plans and specifications on file with the City Engineer; and
WHEREAS, on April 4, 2002, bids were received, opened and reviewed; and
WHEREAS, J.I.L. Asphalt Paving Co. of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $519,970.86; and
WHEREAS, J.I.L. Asphalt Paving Co.'s bid is less than the engineer’s estimate for such
project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of J.I.L. Asphalt Paving Co. of Grand
Island, Nebraska, in the amount of $519,970.86 for Asphalt Maintenance Project 2002-AC-1 is hereby
approved as the lowest responsive bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City and such
contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G13
#2002-111 - Approving the Grant of a Gas Utility Easement to
Northwestern Public Service in the SE 1/4, Section 34-12-9 (Law
Enforcement Training Center)
Easements located at the Law Enforcement Training Center are required in order to give
Northwestern Public Service access to install, upgrade, maintain, and repair natural gas
pipelines and related equipment. The gas line was originally a private service to one
customer. The line now serves multiple customers so it must be a public main located within
a public easement. The easement will be given in consideration of $1.00. Northwestern
Public Service will pay for all damages to landscaping and improvements that occur during
construction and maintenance of lines. See attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-111
WHEREAS, Northwestern Public Service, a division of Northwestern Corporation, a
Delaware corporation, has requested that the City of Grand Island grant them a Gas Utility Easement for a
natural gas pipeline and related equipment along with all appurtenances thereto; and
WHEREAS, the easement affects two areas as described below located at the Law
Enforcement Training Center:
Area "A": The west Ten (10.0) feet of the east Seventy (70.0) feet of the West Half of the
Northeast Quarter of the Southeast Quarter (W1/2, NE1/4, SE1/4) of Section Thirty Four
(34), Township Twelve (12) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska. Containing 0.30 acres more or less.
Area "B": A ten (10.0) foot wide strip of land over and across a portion of the North Half
of the Southeast Quarter (N1/2, SE1/4) of Section Thirty Four (34), Township Twelve
(12) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, with a
centerline described as follows:
Commencing at the northeast corner of the West Half of the Northeast Quarter of the
Southeast Quarter (W1/2, NE1/4, SE1/4) of said Section Thirty Four (34); thence south
along the east line of the West Half of the Northeast Quarter of the Southeast Quarter
(W1/2, NE1/4, SE1/4) of said Section Thirty Four (34) a distance of Eight Hundred
Sixteen and Seven Tenths (816.70) feet; thence N89º34'35"W a distance of Sixty (60.0)
feet to the Point of Beginning, located on the west right-of-way line of a dedicated road
right-of-way; thence continuing N89º34'35"W a distance of Six Hundred Seven and Five
Tenths (607.5) feet; thence N00º17'35"E a distance of Three Hundred Thirty Four and
Nine Tenths (334.90) feet; thence N05º05'25"W a distance of Ninety Five (95.0) feet to
the Point of Termination, containing 0.24 acres, more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to grant a gas utility easement to Northwestern Public Service, a division of Northwestern
Corporation, a Delaware corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 23, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2002-112 - Approving Submittal of Grant Application to US
Department of Justice on Behalf of Crisis Center for Safe Haven
The Crisis Center has requested that the City of Grand Island serve as the submitting body
for a grant application to the United States Department of Justice for the development of a
plan for implementation of a Safe Haven program. The Safe Haven program is intended to
create safe places for visitation with and exchange of children in cases of domestic violence,
child abuse, sexual assault or stalking. The grant funds are availalbe to local governments
that propose to enter into a collaborative working relationship with state and local courts and
a nonprofit, nongovernmental entity in the local community that provides local shelters and
programs for domestic violence and sexual assault victims. The City's role in this effort will
be patterned to that used with the HIDTA grant; the City will serve as the recipient of the
grant funding on behalf of the Crisis Center and will contract with the Crisis Center to
provide these services. The City Attorney has reviewed the grant requirements to ensure
compliance issues can be addressed. Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-112
WHEREAS, the Safe Havens: Supervised Visitation and Safe Exchange Grant Program
provides an opportunity for communities to support supervised visitation and safe exchange of children, by
and between parents, in situations involving domestic violence, child abuse, sexual assault, or stalking; and
WHEREAS, grant funding for such program is available to local governments that propose
to enter into a collaborative working relationship with state and local courts and a nonprofit,
nongovernmental entity in the local community that provides local shelters and programs for domestic
violence and sexual assault victims; and
WHEREAS, the Crisis Center has requested assistance from the City of Grand Island in
seeking funding in the amount of $119,961 to develop a plan for the expansion of the existing services in
accordance with this program; and
WHEREAS, it is recommended that the City submit a grant application and related
documentation to request funding on behalf of the Crisis Center through the Safe Havens Supervised
Visitation and Safe Exchange Grant Program to expand services currently being provided by the Crisis
Center; and
WHEREAS, if grant funding is awarded for such program, an agreement between the City
of Grand Island and the Crisis Center will be entered into prior to receipt of such funding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to
submit a grant application and related documentation to request funding on behalf of the Crisis Center from
The Office of Justice Programs through the OJP Grants Management System for the Safe Havens
Supervised Visitation and Safe Exchange Grant Program.
BE IT FURTHER RESOLVED, that if grant funding is awarded, the City of Grand Island
will collaborate with the Crisis Center to develop a plan to expand the existing services in accordance with
the grant program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G15
#2002-113 - Approving Renewal of Leases with CHAAP
When the City of Grand Island acquired the approximate 420 acre tract of land at
Cornhusker Army Ammunition Plant (CHAAP) approximately 18 months ago, the City
continued to lease out four buildings on the property which had been leased by the US Army
Corps of Engineers during their ownership. The leases which were renegotiated and
approved last year with the existing tenants were much like those issued by the army except
that rentals were increased slightly. The leases as drafted included provisions for renewal for
up to five additional one year terms. The City has received requests from each of the tenants
for their leases to be renewed and a resolution has been drafted which extends the lease
terms, including rentals for a one year period. Approval of the resolution extending the leases
to Dominion Construction Company, Kirk Hartmann and Jerry Harders for an additional
year is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-113
WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of
land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by
the US Army Corp of Engineers during their ownership of the property; and
WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building
Leases with the tenants of the buildings pending development of the property; and,
WHEREAS, the leases provide an automatic one-year renewal if requested by the
Lessee's; and
WHEREAS, each of the Lessee's have requested that their lease be extended for another
year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker
Army Ammunition Plant are hereby authorized to be extended for an additional year to the following
Lessees in accordance with the Building Leases:
Lessee Description Rental
Dominion Construction Company Storage building $2,000/yr.
Kirk Hartmann Barn use for storage $500/yr.
Jerry Harders Fire/guard building $500/yr.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G16
#2002-114 - Approving Bid Award for Purchase of Dump Truck
The Public Works Department, Street and Transportation Division and the Purchasing
Division of the City Attorney's office recommend awarding the bid for One (1) Minimum
26,000 GVW Dump Truck. Two bids were received ranging from $45,791.74 to $47,223.00.
The low bid was submitted by Hansen International Truck, Inc. of Grand Island Nebraska in
the amount of $45,791.74. There are sufficient funds for this purchase in account number
10033501-85625. See attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Approved as to Form ?
_______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-114
WHEREAS, the City of Grand Island invited sealed bids for One Minimum 26,000 GVW
Dump Truck for the Street and Transportation Division of the Public Works Department, according to plans
and specifications on file with the Street Division of the Public Works Department; and
WHEREAS, on April 16, 2002, bids were received, opened and reviewed; and
WHEREAS, Hansen International of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $45,791.74; and
WHEREAS, Hansen International's bid is less than the estimate for such vehicle.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hansen International of Grand Island,
Nebraska, in the amount of $45,791.74 for one minimum 26,000 GVW dump truck is hereby approved as
the lowest responsive bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G17
#2002-115 - Approving Bid Award for Greenhouse for Parks and
Recreation Department
The Park and Recreation Department has submitted a request for awarding a bid for one
greenhouse. Three bids were received ranging from $45,846.00 to $55,476.00. The low bid
was submitted by Stuppy Greenhouse Manufacturing Company of North Kansas City
Missouri in the amount of $45,846.00. There are sufficient funds for this purchase in
account number 40044450 90034. The budgeted estimate was $75,000.00. It is recommended
that the bid be awarded to Stuppy Greenhouse Manufacturing Company of North Kansas
City Missouri in the amount of $45,846.00. See attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: stevep
City of Grand Island City Council
Approved as to Form ¤_______________
April 19, 2002 ¤ City Attorney
R E S O L U T I O N 2002-115
WHEREAS, the City of Grand Island invited proposals for Design/Material/Construction
Services for Greenhouse Building, according to plans and Request for Proposals on file with the Parks and
Recreation Department; and
WHEREAS, proposals were due on April 12, 2002; and
WHEREAS, Stuppy Greenhouse Manufacturing Company of North Kansas City, Missouri,
submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory
requirements contained therein; such proposal being in the amount of $45,846.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Stuppy Greenhouse Manufacturing
Company of North Kansas City, Missouri for design/material/construction services for Greenhouse Building
in the amount of $45,846.00 is hereby approved as the best proposal received.
BE IT FURTHER RESOLVED, that a contract by and between the city and such
contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute
such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G18
#2002-116 - Approving Change Order #3 for Street Improvement
District 1221 - South Locust Street
The Public Works Department in coordination with Olsson Associates of Grand Island,
Nebraska developed Change Order #3 to the contract for Street Improvement District 1221,
South Locust Street from US Highway 34 to Stolley Park Road. The contract was awarded to
The Diamond Engineering Company of Grand Island Nebraska on November 21, 2000 in the
amount of $4,996,117.60. The current contact price, following Change Orders 1 and 2, is
$5,150,257.36. The net increase of Change Order #3 is $15,807.50. The revised contract
amount will be $5,166,064.86. Descriptions of the specific contract changes are attached.
See attached RESOLUTION.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Approved as to Form ?
_______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-116
WHEREAS, on November 21, 2000, by Resolution 2000-355, the City Council for the
City of Grand Island awarded the bid for the construction of South Locust Street between U.S. Highway
34 and Stolley Park Road to the Diamond Engineering Company of Grand Island, Nebraska; and
WHEREAS, it has been determined that modifications to the work to be performed by the
Diamond Engineering Company are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 3; and
WHEREAS, the result of such modifications for this project will increase the contract
amount by $15,807.50, for a revised contract amount of $5,166,064.86.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 3, between the City of Grand Island and the Diamond Engineering
Company to provide the following modifications:
Amount
Delete concrete for retaining wall at Star Motel property .........................................................($16,555.00)
Delete reinforcing steel for retaining wall at Star Motel property..................................................(1,724.80)
Delete Patrician style railing at Harley Davidson property............................................................(6,068.40)
Delete modular block retaining wall at Harley Davidson property .................................................(1,749.30)
Add Jack and Bore 2" conduit under existing pavement ................................................................3,402.00
Relocate electrical circuit that feeds the Pump and Pantry and Best Western Signs ..........................1,550.00
Add 6"x6" tapping sleeve ..........................................................................................................2,105.00
Add 12"x6" tapping sleeve.........................................................................................................2,675.00
Add 12"x4" tapping sleeve.........................................................................................................2,445.00
Tap existing water main for 1¼" service.......................................................................................400.00
Add 1¼" corporation stop ...........................................................................................................225.80
Add 1¼" curb stop with box .......................................................................................................494.40
Add 1¼" copper water service line.............................................................................................1,269.00
Remove and backfill swimming pool at Star Motel.......................................................................4,881.80
Inlay preformed plastic pavement markings Type 4 ...................................................................10,557.00
Add 4"x3" DI reducer...................................................................................................................80.00
Add 4" DI offset fitting...............................................................................................................360.00
Purchase Patrician Style railing..................................................................................................2,900.00
Remove 24" FES .........................................................................................................................40.00
Remove 36" FES .........................................................................................................................45.00
Build 36" to 24" concrete collar ...................................................................................................300.00
Adjust area inlet to grade.............................................................................................................575.00
Construct steel pipe bollard .......................................................................................................7,600.00
Approved as to Form ?
_______________
April 19, 2002 ? City Attorney
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G19
#2002-117 - Approving Application to Affordable Housing Trust
Fund Grant for Housing Development
The Nebraska Department of Economic Development Affordable Housing Program is
intended to provide funds to eligible recipients for acquisition, rehabilitation, construction
and production of affordable housing to increase the supply of decent, safe, and sanitary
housing for low—to-moderate income Nebraskans and to provide a mechanism to leverage
private investment in the development of affordable housing. The Affordable Housing
Program is funded with resources from US Department of Housing and Urban Development
Programs (the Community Development Block Grant Program) and the HOME Investment
Partnerships Program, as well as the state-funded Nebraska Affordable Housing Trust Fund
(AHTF).
The City of Grand Island, Community Projects Department, is preparing a grant application
to the Affordable Housing Trust Fund for funding to assist in the category of
Homeownership New Construction with Infrastructure. This category covers infrastructure
and development subsidies as it relates to new construction and down payment assistance.
A public hearing has been scheduled to receive comment relative to the City’s submittal of
the grant application for development of infrastructure in conjunction with the construction
of 115 single family homes in a 23 acre parcel of undeveloped land in the northeast area of
Grand Island. The grant funds ($400,000) will be used for site development, infrastructure
development, architect, engineering, and related fees, as well as grant administration. The
AHTF, along with other resources such as Community Development Block Grant Funds,
and NIFA, will be used to bring the cost of construction of the houses down to affordable
sales prices. Without these partnerships, the housing could not be made available to low to
moderate income families. As evidenced in the 2001 Housing Study, quality housing for low
to moderate income families is needed in Grand Island.
The Department of Economic Development requires a public hearing be held in conjunction
with submittal of the grant application. A resolution authorizing the submittal of the grant
application has been prepared for Council consideration.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-117
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application under the Housing and Community Development Act of 1974
as amended, for Small Cities Community Development Block Grant Program; and
WHEREAS, the City of Grand Island, Nebraska, has obtained its citizens' comments on
community development housing needs; and has conducted public hearings upon the proposed application
and received favorable public comment respecting the application which is for an amount of $288,000 for
site development, infrastructure development, architect, engineering, and related fees including grant
administration for the construction of 115 single family homes in a 23-acre parcel of undeveloped land; and
WHEREAS, the local match for the project, including down payment assistance, the home
buyers' bank mortgages, and costs associated with the construction and financing of infrastructure, will be
no less than $112,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to
proceed with the formulation of any and all documents, contracts or other memoranda between the City of
Grand Island and the Nebraska Department of Economic Development so as to effect application for and
acceptance of the grant application for the purposes outlined above.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Grand Island Senior High School
for Fireworks Display
The City Clerk's Office has received a request from Grand Island Senior High School for a
fireworks display to be presented at the conclusion of the Graduation Commencement
exercises on Saturday, May 11, 2002. The Police Fire and Legal Departments have reviewed
this matter. A MOTION is in order.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item H2
Consideration of Request by Councilmember Whitesides for
Temporary Leave as Council President and Appointment of
Interim President
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item I1
#2002-118 - Approving Adoption of Park and Recreation
Department Scheduling and Access to Athletic Field Policy
The Grand Island Parks and Recreation Department is faced with ever increasing demand
from various groups and organizations to use the City's baseball, softball and soccer fields
for practice and competition. Additionally, the Department, on occasion, must deal with
unauthorized use of fields, scheduling conflicts and questions concerning the Departments
discretion and authority to manage the fields.
In order to clearly state the nature and extent of the Department's authority and discretion,
as well as providing written guidelines of the factors considered by the Department in
resolving various conflicts, disputes and issues regarding athletic field management, it is the
intent of the Department, with the approval of the Mayor and City Council, to state the
general principals and priorities of the City of Grand Island regarding athletic field
management. See attachment.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: spaustian
City of Grand Island City Council
PARKS AND RECREATION DEPARTMENT POLICY
SCHEDULING AND ACCESS TO ATHLETIC FIELDS
The Grand Island Parks and Recreation Department is faced with ever increasing demand
from various groups and organizations to use the City’s baseball, softball and soccer fields for
practice and competition. Additionally, the Department, on occasion, must deal with
unauthorized use of fields, scheduling conflicts and questions concerning the Department’s
discretion and authority to manage the fields.
PRINCIPALS GOVERNING SCHEDULING AND ACCESS
In order to clearly state the nature and extent of the Department’s authority and
discretion, as well as providing written guidelines of the factors considered by the Department in
resolving various conflicts, disputes and issues regarding athletic field management, it is the
intent of the Department, with the approval of the Mayor and City Council, to state the general
principles and priorities of the City of Grand Island regarding athletic field management. The
Department considers the two overriding principles are as follows:
a. It is the intent of the City of Grand Island in the course of athletic field
management to give priority to organizations and teams open to all members of
the public, with consideration given to teams cons isting of youth as noted below.
This policy recognizes that the City of Grand Island and its athletic fields were
created to serve the public interest and provide as broad as range of recreational
opportunities as can be made available to residents of the City of Grand Island
and the public. Recreational programs and leagues with prior proven experience
in meeting the public purposes of this policy will be given first consideration.
b. It is the intent of the City of Grand Island in the course of athletic field
management to give priority to organizations and teams with players made up
exclusively of youth, this term meaning boys and girls, ages 18 and under. This
policy recognizes that the class consists of persons generally of school age, with
less resources, mobility and access to athletic fields other than those operated by
the Department as compared to older players.
For purposes of illustration only the following demonstrates the application of the
foregoing priority system by the Department:
a. Recreational programs open to all youth.
b. Programs open to all adults.
c. Competitive programs sponsored by non-profit entities and/or inter-scholastic
competition (i.e. Legion baseball).
d. Competitive or club teams or leagues consisting of youth. (“Elite” teams)
e. Competitive or club teams or leagues consisting of adults or a mixture of youth
and adults.
f. Any team or league consisting of 50% or more persons that are not bona fide
residents of the City of Grand Island.
g. Special uses, clinic, etc.
The foregoing policy is also applicable to the scheduling of practice play on City athletic
fields. Any dispute, conflict or issue relating to athletic field usage and/or scheduling shall be
resolved by the Director of the Parks and Recreation Department in the Director’s sole and
exclusive discretion.
ATHLETIC FIELD ACCESS AND MAINTENANCE
The Parks and Recreation Department shall have sole and exclusive discretion in
determining when athletic fields are available for play or closed due to field and/or weather
conditions, maintenance or other reasons making the field and/or surrounding premises
unsuitable for use by teams, officials or spectators. This would include closures related to
ordinary maintenance, field preparation and the availability of safe and sanitary public facilities.
Teams using the Department’s athletic fields are prohibited from making any physical changes,
whether permanent or temporary to the athletic field or surrounding premises. Any team
violating the Department’s restrictions on access and maintenance shall be subject to discipline,
including but not limited to, limitations on future athletic field access and usage, temporary
suspension or permanent suspension from usage of the Department’s athletic fields with such
discipline being imposed by the Department Director at the Director’s sole and exclusive
discretion. Any person or team found on a athletic field in violation of signage posted to indicate
the field is closed or not available for play, shall be considered as trespassing and may be cited
for a violation of the City Code.
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-118
WHEREAS, as a result of increased demand from various groups and organizations to use
the City's baseball, softball and soccer fields for practice and competition, it is necessary to implement a
policy for the scheduling and access to the City's athletic fields; and
WHEREAS, it is recommended that such policy attached hereto as Exhibit "A" be
approved and adopted effective immediately.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Parks and Recreation Department Policy for
Scheduling and Access to Athletic Fields attached hereto as Exhibit "A" is hereby approved and adopted
effective immediately.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item I2
#2002-119 - Approving Interlocal Agreement with the Central
District Health Department
As discussed at the April 16, 2002 City Council Study Session, LB692 was landmark
legislation passed by the legislature in 2001. It allowed for a trust fund to be established from
interest from the tobacco settlement funds. The purpose of the legislation was to establish a
public health infrastructure for the state. Nebraska has 93 counties and only 6 had any kind
of a public health department. The lack of a coordinated public health infrastructure in the
state makes it difficult to obtain major federal funding for public health programs. In
addition, the health statistics in the state of Nebraska, in a number of areas, are low
compared to other states. The legislation indicated that district health departments could be
formed and those districts needed to be at least 3 counties and 30,000 population. Grand
Island invited several counties to join with their established health department. Two counties
(Hamilton and Merrick) have committed to joining the Grand Island Hall County Health
Department. The process of formation of the new district health department has had legal
counsel by Earl Alschwede. A group of representatives of the three counties met in January
of this year to draw up the agreement moving the current health department from a city
county to a district health department. All 3 counties have agreed to the language of the
agreement. A letter of approval was issued by the state on January 3, 2002 for the formation
of the district health department. Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Sonja Simpson
City of Grand Island City Council
CENTRAL DISTRICT HEALTH DEPARTMENT
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE CITY OF GRAND ISALND, THE COUNTY OF HALL
THE COUNTY OF HAMILTON AND THE COUNTY OF MERRICK
THIS AGREEMENT made and entered into this _________ day of ________, 2002 by
and between the CITY OF GRAND ISLAND, NEBRASKA, hereinafter referred to as the
“City”; the COUNTY OF HALL, NEBRASKA, hereinafter referred to as “Hall”; the COUNTY
OF HAMILTON, NEBRASKA, hereinafter referred to as “Hamilton” and the COUNTY OF
MERRICK, NEBRASKA, hereinafter referred to as “Merrick”.
WITNESSETH:
WHEREAS, the City and Hall have had a joint City-County Health Department since
1972 and they along with Hamilton and Merrick agree to establish a District Health Department;
and
WHEREAS, the parties to this agreement, pursuant to Nebraska law, desire to establish a
District County Health Board hereinafter referred to as “The Board”; and
WHEREAS, the Health Department established by this Agreement shall be known as
Central District Health Department; and
WHEREAS, the City and the Counties find that it is in the best interests of their residents
that they join together through this agreement to furnish joint and cooperative health department
services; and
WHEREAS, the City, Hall, Hamilton and Merrick desire to enter into this Agreement.
NOW, THEREFORE, subject to the approval of the Department of Health and Human
Services of the State of Nebraska, the parties to this agreement mutually agree as follows:
1. All matters and activities pertaining to public health within the City and within
Hall, Hamilton and Merrick counties will be administered, as herein provided, by the Department
established by this agreement.
2. The Board shall consist of eleven members selected as provided in this
agreement, with due consideration being given to the need to secure fair and equitable
representation from the entire area to be served:
a. One representative of the Hall County Board and one public-spirited citizen
selected solely by the Hall County Board;
b. One representative of the Hamilton County Board and one public-spirited citizen
selected by the Hamilton County Board;
c. One representative of the Merrick County Board and one public-spirited citizen
selected solely by the Merrick County Board.
d. One representative of the Grand Island City Council and one public-spirited
citizen selected solely by the Grand Island City Council;
e. One physician, nominations for said position may be submitted by the county
medical society of each of the counties involved, if such nominations are
submitted, the nominees shall be considered for appointment and selected by the
Board;
f. One dentist, nominations for said position may be submitted by the county dental
society, if such nominations are submitted, they shall be considered for
appointment and selected by the Board;
g. One member of the Board is a resident of the District and is a member of an
ethnic minority in the District, shall be considered for appointment and selected
by the Board;
h. The initial board members shall be selected by the appointment of two members
representing Hall County, one member of the County Board and another public-
spirited citizen, two members selected by the Grand Island City Council, one
member from the council and one member of a public-spirited citizen; two
members selected by the Hamilton County Board, one member of that Board and
a public-spirited citizen; two members selected by the Merrick County Board, one
member of that Board and a public-spirited citizen. Those eight persons so
appointed shall select one physician and one dentist who are nominated as
provided in subsections e. and f. above and an ethnic minority from the district.
Those persons shall constitute the initial board. (Future board members shall be
selected in accordance with the procedures set forth herein by the board as
provided in Section 3 below.)
3. When the terms of any members of the Board expire, they shall be filled in the
following manner; persons who are representing a County Board or a City
Council shall be appointed by that County Board or that City Council, as shall
another public-spirited citizen within the jurisdiction of that County Board or City
Council. When the terms of the persons who are the physician, dentist, and ethnic
minority shall expire, those persons’ terms shall be filled by vote of the Central
District Health Department Board, provided that the physician and dentist have
been nominated by a county medical society within the boundary of the District or
a county dental society within the boundary of the District for the physician and
dentist respectively.
4. Board members’ terms of office shall be in accordance with the following:
a. Three of the members shall be appointed for a term of one year.
b. Four of the members shall be appointed for a term of two years.
c. Four of the members shall be appointed for a term of three years.
d. After the term of any member shall expire, each new appointment shall be for a
term of three years.
e. Appointments to fill any vacancies shall be for the unexpired term.
f. The initial Board shall determine the terms of its members so that three members
serve for one year, four members serve for two years and four members serve for
three years. Such action shall be taken within the first thirty days after the Board
commences its existence and shall be recorded in its minutes.
g. If the board representative from the City Council or any County Board ceases to
be a member of said Council or Board, the membership for said representative on
the Board shall automatically terminate. The applicable entity shall nominate a
new representative who shall be selected in accordance with the provisions of
paragraph 3 above.
h. By majority vote of the County Boards and City Council, members of the Board
shall be subject to removal for good cause shown, which shall include, but is not
limited to, three consecutive unexcused absences from regularly scheduled
meetings.
i. No board member shall be eligible to serve more than two consecutive three year
terms.
5. The Board shall annually meet and organize by the election of one of its own
members as president, one as vice-president and another as secretary. The Finance Director of
the City shall serve as Treasurer of the department. The officers shall have such power as the
board may establish from time to time. The Board may elect such other officers and appoint such
committees, as it may deem necessary from time to time. The Board may adopt and promulgate
such rules and regulations, consistent with applicable Nebraska law and this Agreement, for its
own guidance and for the governance of the Department as may be necessary. The Board shall
not transact business unless there is a quorum, herein defined as a majority of six (6) Board
members present. All questions and matters before the Board shall be decided by majority vote
of the members present.
6. Except as otherwise provided by this Agreement, the Board shall have the powers
and duties as set forth by Nebraska Revised Statutes §71-1631, as amended. Pursuant to the
Nebraska Interlocal Cooperation Act, the Central District Health Department shall constitute a
separate public body corporate and politic of the State of Nebraska and shall exercise all powers
set forth in that Act for such a corporate body.
7. Except as otherwise provided by this Agreement, the Health Director of the
Department shall have the powers and duties set forth by Nebraska Revised Statutes §71-1632,
as amended.
8. The Secretary to the Board of Health shall keep minutes of all the meetings of the
Board. The Department shall retain records of everything pertaining to expenses, income,
complaints, work done, meetings had, pamphlets printed and distributed, cases handled, and of
any other matters pertaining to the work of the Board and the Department. The Department may
dispose of records pursuant to the Records Management act, Nebraska Revised Statutes, §84-
1201, et seq.
9. The Department is hereby given full control over, and shall perform, all public
health matters in the City of Grand Island, in Hall County, Hamilton County and Merrick
County; all in the State of Nebraska.
10. Prior to June 1 each year, the Department shall prepare and submit to the City and
Counties the proposed budget for the following fiscal year and an annual report of the last
completed fiscal year’s activities. Said annual report shall contain such information as provided
by the Nebraska Revised Statute §71-1631(6) and such additional information pertaining to the
Department’s programs, operations, and finances as requested by any of the County Boards or
the City Council. The City Council and County Boards sha ll have a joint meeting on or before
July 15 each year and shall at that time agree upon the budget allocation for the ensuing fiscal
year of the Department and the appointment of persons to the Board. The City Council and any
of the County Boards involved in this agreement, may in their discretion, act on the proposed
budget and the election of additional persons to the Board prior to the annual meeting of such
council and boards at any official meeting they have and report the results of their action at the
annual joint meeting.
11. All funds received by the Department shall be accounted for separately by the
Treasurer of the City as fiscal agent for a nominal fee. The City will provide financial
management services for the department, consisting of cash mana gement, payroll processing and
financial accounting.
12. The fiscal year of the Department shall be from October 1 through September 30
of the subsequent year.
13. The staffing levels will be under the direction of the Board of Health.
14. The Director of the Central District Health Department shall serve at the will of
the Board of Health and shall be subject to its directions. The duties and responsibilities of the
Director shall include direction and management of the day-to-day operations of the Central
District Health Department; attending meetings of the Board of Health and giving them his or
her opinion on any matter, either orally or in writing as may be required; preparing an annual
budget for submission to the Board of Health; and performing such other duties as may be
required.
15. Employees of the Central District Health Department below the level of the
Director shall be employees of the Central District Health Department and shall be entitled to
benefits of the City personnel system. Any collective bargaining agreement covering such
employees shall be subject to the approval of the Board of Health.
16. This Agreement shall take effect October 1, 2002 and shall automatically renew
for successive terms of three years unless terminated as provided in paragraph 17 below.
17. Any party may terminate this Agreement at the end of a term by giving the other
parties at least ninety (90) days prior written notice of such intent to terminate. This Agreement
may also be terminated upon the failure of the City or any County to adopt a mutually agreed
upon Department budget allocation on or before June 15 for the ensuing fiscal year. This
Agreement shall remain in effect for ninety (90) days after said June 15. During such ninety (90)
day period, each party shall continue its proportionate share of funding as established in the last
agreed allocation. This Agreement may be terminated upon ninety (90) days notice by any party
for breach of this Agreement, which shall include failure to provide funding in accordance with
the agreed allocation.
18. This Agreement is made and entered into pursuant to the Interlocal Cooperation
Act of the State of Nebraska.
19. All of the assets and liabilities of the City-County Health Department for the City
and Hall shall be transferred to and vest in the Central District Health Department on September
30, 2002, pursuant to §13-806 R.R.S. 1943. The City and Hall agree that their Interlocal
Cooperation Agreement for a Joint City-County Health Department dated July 11, 2000 shall
terminate on September 30, 2002.
20. This Agreement shall be effective for the establishment of the Central District
Health Department Board, planning for services and for organizational purposes, on April 1,
2002 but shall not be effective for providing services to the public by the Central District Health
Department until October 1, 2002, at which time this Agreement shall be deemed fully
operational and effective for all of its purposes as herein provided.
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
DATED: _________________________ By__________________________________
Mayor
ATTEST:
_________________________________
City Clerk
COUNTY OF HALL
DATED:____________________________ By__________________________________
Chairman of the County Board
ATTEST:
____________________________________
County Clerk
COUNTY OF HAMILTON
DATED:_____________________________ By__________________________________
Chairman of the County Board
ATTEST:
____________________________________
County Clerk
COUNTY OF MERRICK
DATED:_____________________________ By___________________________________
Chairman of the County Board
ATTEST:
_____________________________________
County Clerk
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-119
WHEREAS, since 1972, the City of Grand Island and the County of Hall have joined
together to provide health services through the City-County Health Department; and
WHEREAS, as a result of tobacco settlement funds awarded to the State of Nebraska,
Legislative Bill 692 was passed in 2001 to develop a public health infrastructure utilizing interest from the
tobacco settlement funds; and
WHEREAS, the Grand Island – Hall County Health Department invited several counties to
join with their established health department to form a district health department; and
WHEREAS, the County of Merrick and the County of Hamilton have committed to joining
the Grand Island – Hall County Health Department, renaming the entity the "Central District Health
Department"; and
WHEREAS, it is in the best interests of the residents of the City of Grand Island to provide
joint and cooperative health department services; and
WHEREAS, an Interlocal Cooperation Agreement by and between the City of Grand
Island, the County of Hall, the County of Hamilton, and the County of Merrick has been reviewed by the
City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is interested
and supports the concept of being included with the County of Hall, the County of Merrick, and the County
of Hamilton to form the Central District Health Department.
BE IT FURTHER RESOLVED, that the Interlocal Agreement setting out the terms and
conditions for such inclusion is hereby approved; and the Mayor is hereby authorized and directed to
execute such interlocal agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item I3
#2002-120 - Approving Funding for the Central District Health
Department Building
The health department has been actively seeking improved space for at least the past five
years. After a number of meetings with various people offering space for rent, the health
department accepted the offer from Hall County to eventually move into the Hall County
Office Building. This building currently houses county attorney staff as well as probation and
other legal staff. It is anticipated that the building will become available on November 1,
2002. In January of 2002, the Board of Health authorized that staff of the Health
Department to meet with an architectural firm to develop plans for renovation of the HCOB
to become a health department and develop a cost estimate of the project. Cal Hinz
architectural firm met with staff on three occasions and developed the drawings as well as a
cost estimate. The anticipated cost of the renovation is $415,516.35. A cost estimate of the
internal furnishings is being done. The health department cannot proceed with the project
until funding is established. The Health Department has $250,000 and Hall County is willing
to put $50,000 to the project. Correspondence related to the building project have been
ongoing since June of 2001 when the health department had their budget hearing. The
request then was made to have the county and the city assist the health department in
funding of the project. The amount of money that the county and city contributes to the
health department is $124,400 each which represents 7.6% of the budget. This amount has
not increased in the last 5 years despite increase in volume of services. The health department
seeks funding from the city for the project. Approval is recommended.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: Sonja Simpson
City of Grand Island City Council
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-120
WHEREAS, due to a lack of space in the building currently used by the Grand Island – Hall
County Health Department, the County of Hall has offered to relocate the health department into the Hall
County Office Building at 117 East First Street; and
WHEREAS, estimated renovation costs are $415,516.35; and
WHEREAS, the County of Hall has agreed to provide $50,000 in funding to help with the
renovation costs; and
WHEREAS, a request has been made for the City of Grand Island to contribute matching
funds to such renovation costs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that funding in the amount of $50,000 for renovation
costs to the Hall County Office Building to locate the Central District Health Department in the building is
hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item I4
#2002-121 - Approving Interlocal Agreement with Hall County
Airport Authority Regarding Airport Security
Since the September 11, 2001, terrorist attacks, the US Department of Transportation,
Transportation Security Administration (TSA) have provided security at United States civil
aviation airports using the National Guard. With the pending departure of the National
Guard, TSA is requiring the airports which do not have federal law enforcement officers to
provide uniformed law enforcement officers at any time passengers are undergoing screening
at check points. The TSA has authorized reimbursement for airports such as the Central
Nebraska Regional Airport for the cost of providing officers. Many airports have elected to
contract with local law enforcement agencies to provide security personnel and this is the
course which has been chosen by the Hall County Airport Authority.
An Interlocal Agreement between the City of Grand Island and the Hall County Airport
Authority to provide members of the Grand Island Police Department for security has been
negotiated. In accordance with the program established by TSA, this arrangement is
proposed to run no longer than December 1, 2003. Basically, the contract between the City
and Authority would provide for assigning uniformed officers to the Central Nebraska
Regional Airport security, however, it is likely that a variety of officers will be given this
assignment rather than simply dedicating particular persons to the project. The Authority will
reimburse the City for its actual direct and indirect employee expenses for these security
services. Additionally, the Authority has the option of requesting that the City establish an off-
site work station at the airport in consideration of a payment of $3,309.85 to the police
department for providing a computer, appropriate programs, peripheral equipment and
licenses necessary to operate our current law enforcement reporting and data collection
program. The staff recommends that the Interlocal Cooperation Agreement between the City
of Grand Island and the Hall County Airport Authority for providing security personnel to
carry out Security Directive SD1542-02-01 be approved as drafted.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Agreement No.: DTFA01-02xxxxxx
Final
1
LAW ENFORCEMENT PERSONNEL AGREEMENT
ON BEHALF OF THE
TRANSPORTATION SECURITY ADMINISTRATION
April 2, 2002
DEPARTMENT OF TRANSPORTATION
TRANSPORTATION SECURITY ADMINISTRATION (TSA)
Agreement No.: DTFA01-xxxxxxxx
Final 2
MEMORANDUM OF AGREEMENT (MOA) BETWEEN
U.S. GOVERNMENT
AND
Central Nebraska Regional Airport/Hall County Airport Authority
ARTICLE 1. PARTIES
The parties to this Memorandum of Agreement (MOA), or otherwise referred to herein as
“Agreement,” are the Government of the United States of America (Government) and
Hall County Airport Authority.
ARTICLE 2. SCOPE
a. Purpose:
The purpose of this Agreement is to provide financial relief in the form of full or partial
reimbursement to: _____________________________________. Hall County Airport
Authority, for its costs in fulfilling Security Directive SD 1542-02-01. The Security
Directive takes precedence over anything in this MOA. This MOA neither guarantees
nor forbids reimbursement through other programs that may be available as long as the
United States Government does not fund the same expenses through different programs
or agencies.
b. Contributions of the Parties:
(1) The Government agrees to reimburse or partially reimburse the cost of the law
enforcement officers supplied by the SHA. Reimbursement is subject to the availability
of appropriated funding for this purpose. Such funding shall cover services provided
from inception of this agreement until such time as the TSA assumes responsibility for
said services in accordance with Article 4, Effective Date and Term or such time that this
MOA is terminated in accordance with Article 9.
(2Hall County Airport Authority is responsible for providing law enforcement officers in
accordance with SD 1542-02-01 regardless of the status of this agreement. Currently,
TSA plans to terminate this agreement when it has its own federal law enforcement
personnel at the airport’s Passenger Screening Locations.
ARTICLE 3. DEFINITIONS
Agreement No.: DTFA01-02xxxxxx
Final
3
a. The “Supporting Host Agency” (SHA) is the organizational entity authorized to enter
into this agreement. In most cases this will be the airport or its governing body.
b. United States has the meaning in 49 USC 40102(41).
c. The “Contracting Officer” (CO) is that person authorized to obligate funds on behalf
of the U.S. Government.
ARTICLE 4. EFFECTIVE DATE AND TERM
The effective date and Term of this Agreement is __________ May 1st , 2002 and shall
continue in effect until December 1, 2003 or until earlier terminated by the parties as
provided herein. The TSA may choose to extend the term of this agreement, at its sole
discretion, for up to an additional 90 days beyond the above stated completion date. The
termination of this agreement by either party does not, in itself, relieve the airport from
compliance with any federal law, rule, regulation, or directive in effect.
ARTICLE 5. POINTS OF CONTACT
For General program questions:
Alaskan Region: (AAL): Rupert Workman, (907) 271-2255
Western-Pacific Region (AWP): Bill Frank (310) 420-6114
Don Harand (310) 725-3720
Southern Region (ASO): Mike Terrell, (404) 305-6865
Cathy Weaver, (404) 305-6841
Great Lakes Region (AGL): Dave Knudson, (847) 294-7107
Ken Behrns (847) 294-7817
New England Region (ANE): Mary Carol Turano, (781) 238-7720
Central Region (ACE): Bob Dickson (816) 329-3724
Eastern Region (AEA): Mr. Garfield Harris, (718) 553-2568
Southwest Region (ASW): Michele Jekel, (817) 222-5732
Northwest Mountain Region (ANM): Steve Quinn, (425) 227-2723
TSA Program Office (please attempt to contact regional representative first):
Mr. Ron Neubauer (202) 493-2051; e-mail: Ron.Neubauer@ost.dot.gov
Assistant: Mr. Todd Watanabe (202) 493-0994; e-mail: Todd.Watanabe@ost.dot.gov
Agreement No.: DTFA01-02xxxxxx
Final
4
Non-FAA/TSA Party: Bill Stovall or Heather Schmidt
FAA Contracting Officer:
Ms. Kim Branch (703) 796-7118, fax: (703) 796-7176
ARTICLE 6. FUNDING AND PAYMENT
a. The total estimated cost of this agreement shall not exceed $___________[CO insert
not-to-exceed (NTE) amount To Be Determined (TBD)] as reimbursement for Hall
County Airport Authority providing the required law enforcement in accordance with SD
1542-02-01. Reimbursement does not include reimbursement of any fees or profit. This
amount is considered a ceiling that Hall County Airport Authority may not exceed
(except at their own risk) without the written approval of the Contracting Officer.
The ceiling amount of this agreement is [CO insert amount TBD]. This ceiling may be
increased by mutual agreement of the parties. The amount presently available for
payment and allotted to this Agreement is $[CO insert amount TBD]. It is estimated that
this amount is sufficient to provide for performance from date of award through [CO
insert date TBD].
This agreement may be incrementally funded pursuant to the availability of funds.
b. This is not a funds obligating document. Funds will be obligated by a separate
Purchase Order.
ARTICLE 7. AUDITS
The Government shall have the right to examine or audit relevant financial records for a
period not to exceed three (3) years after expiration of the terms of this Agreement. [CO
insert Name of SHA] must maintain an established accounting system that complies with
generally accepted accounting principles.
ARTICLE 8. CHANGES, MODIFICATIONS
Changes and/or modifications to this Agreement shall be in writing and signed by a
Government Contracting Officer and the Bill Stovall of Hall County Airport Authority.
The modification shall cite the subject Agreement, and shall state the exact nature of the
modification. No oral statement by any person shall be interpreted as modifying or
otherwise affecting the terms of this Agreement.
Agreement No.: DTFA01-02xxxxxx
Final
5
ARTICLE 9. TERMINATION
a. In addition to any other termination rights provided by this MOA, either party may
terminate this MOA at any time prior to its expiration date, with or without cause, and
without incurring any liability or obligation to the terminated party (other than payment
of amounts due and owing and performance of obligations accrued, in each case on or
prior to the termination date) by giving the other party at least thirty (30) days prior
written notice of termination. Termination by any party does not, in itself, relieve the
airport from compliance with any federal law, rule, regulation, or directive in effect.
b. In the event of termination or expiration of this Agreement, any funds which have not
been spent or obligated for allowable expenses prior to the date of termination, and are
not reasonably necessary to cover termination expenses shall be de-obligated from this
MOA.
ARTICLE 10. ORDER OF PRECEDENCE
In the event of any inconsistency between the terms of the Agreement or any law,
regulation, or Security Directive, the inconsistency shall be resolved by giving preference
in the following order:
(a) Laws, Regulations, Security Directives
(b) This MOA, then
(c) The Appendices to this MOA
ARTICLE 11. PROTECTION OF INFORMATION
The parties agree that they shall take appropriate measures to protect proprietary,
privileged, or otherwise confidential information that may come into their possession as a
result of this Agreement.
AGREED:
Hall County Airport Authority Federal Aviation Administration (for the TSA)
BY: ________________________ BY: _____________________
TITLE: _____________________ TITLE: ___________________
DATE: ______________________ DATE: __________________
Appendix A (To be filled-out by SHA):
Agreement No.: DTFA01-02xxxxxx
Final
6
A B C D E
Checkpoint
Designation
Operating hrs /
24-hour Period
Total Average
Daily Operating
Hours1
Number of
Posted Officers
Required – This
Checkpoint2
Row Totals:
(multiply
column C and
column D)
1 13 13 1 13
Total Average
Daily Hours:
13
1. To calculate Average Daily Operating Hours: Take the sum of all operating hours
for the checkpoint for a 7-day period and divide by 7.
2. Requirement is 1 officer for every 6 lanes. Normally this column will have a “1”
or a “2”.
Agreement No.: DTFA01-02xxxxxx
Final
7
Appendix B: Basis for Cost (To be filled-out by SHA):
Requested Item
for
Reimbursement
Total
Average
Daily
Hours
(From
Appendix
A)
Total
Average
Supervisor
Daily
Hours (7-
day
average)
Requested
Salary Rate
/ Hour
Does this
rate
include
any
overtime?
(All,
partial,
none)
Total
Funds
requested /
Day
TSA
ONLY:
Approvals
Posted Officers 13 hours $19.53 None $253.92
Supervisory/
Administrative3
0
Request for
Additional
Costs (May
explain on a
separate sheet of
paper)4
Administration- $4,500.00
Police Reporting Station: $3309.85
**Off Site Police Reporting Station
includes Computer, Radio Antennae
& Installation, Printer & License
Fees.
None $14.28
Daily Total $268.20
Notes:
3. Reimbursement for supervision is normally reserved for the largest airports with
several checkpoints.
4. Requests for direct and indirect costs (except salaries) will not normally be
considered. However, airports may consider requesting Airport Improvement
Program (AIP) funds from the FAA. (However, this does not imply approval of
AIP funds, which is a separate program that does not fall within this MOA.)
Reasonable Administrative/Scheduling time may be considered here.
Approved as to Form ? _______________
April 19, 2002 ? City Attorney
R E S O L U T I O N 2002-121
WHEREAS, as a result of the September 11, 2001 terrorist attacks, the United States
Department of Transportation, Transportation Security Administration (TSA) have provided security at
United States civil aviation airports using the National Guard; and
WHEREAS, effective May 10, 2002, the National Guard will no longer be responsible for
security duty at the airports, and the TSA is requiring the airports to provide uniformed law enforcement
officers at any time passengers are undergoing screening at check points; and
WHEREAS, the TSA has authorized reimbursement for airports such as Central Nebraska
Regional Airport for the cost of providing such officers, and many airports have elected to contract with
local law enforcement agencies to provide security personnel; and
WHEREAS, the Central Nebraska Regional Airport has negotiated with the City of Grand
Island to carry out the operational terms and conditions of the Law Enforcement Personnel Agreement
dated April 2, 2002 on behalf of the TSA; and
WHEREAS, an Interlocal Cooperation Agreement by and between the City of Grand
Island and the Hall County Airport Authority to provide uniformed officers for security purposes has been
reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement by and
between the City of Grand Island and the Hall County Airport Authority to provide uniformed officers to the
Central Nebraska Regional Airport for security purposes is hereby authorized.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 23, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item J1
Payment of Claims for the Period of April 10, 2002 through April
23, 2002
The Claims for the period of April 10, 2002 through April 23, 2002 for a total amount of
$1,533,182.83. A MOTION is in order.
Tuesday, April 23, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council