05-21-2002 City Council Regular Meeting PacketCity of Grand Island
Tuesday, May 21, 2002
Council Session Packet
City Council:Mayor:
Ken Gnadt
City Administrator:
Marlan Ferguson
City Clerk:
RaNae Edwards
T
u
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 - Dr. James Keyser, Trinity United Methodist
Church, 511 North Elm Street
City of Grand Island City Council
Item C1
Recognition of Kenneth Hasenauer, Utility Employee for 20 Years
of Service
The Mayor and Council will recognize Kenneth Hasenauer, Utility employee for his 20 years
of dedicated service to the City of Grand Island.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
W E HEREBY EXPRESS OUR SINCERE APPRECIATION TO
For your Loyalty, Diligence, and Outstanding Performance During Your Tenure With
Date Department Director
Date Mayor
KENNETH HASENAUER KENNETH HASENAUER KENNETH HASENAUER
GRANDCity of I SLAND
Item C2
Proclamation "Emergency Medical Services Week" May 19-25,
2002
Whereas, the members of emergency medical services teams devote their lives to saving the
lives of others and because the people of Grand Island, Nebraska benefit daily from the
knowledge and skill of these trained professionals; and whereas the designation of
Emergency Medical Services Week will serve to educate the people of Grand Island about
accident prevention and what to do when confronted with a medical emergency, the Mayor
has proclaimed May 19-25, 2002 as “Emergency Medical Services Week.” See attached
proclamation.
Tuesday, May 21, 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, the members of emergency medical services teams devote their lives to saving
the lives of others; and
WHEREAS, emergency medical services teams consist of emergency physicians,
nurses, emergency medical technicians, paramedics, educators and
administrators; and
WHEREAS, the people of Grand Island, Nebraska, benefit daily from the knowledge
and skill of these trained individuals; and
WHEREAS, advances in emergency medical care increase the number of lives saved every year; and
WHEREAS, the professional organizations of providers of emergency medical services
promote research to improve and adapt their skills as new methods of
emergency treatment are developed; and
WHEREAS, the members of emergency medical services teams encourage national
standardization of training and testing of emergency medical personnel and reciprocal recognition of training and credentials by the State; and
WHEREAS, the designation of Emergency Medical Services Week will serve to educate
the people of Grand Island, Nebraska, about accident prevention and what
to do when confronted with a medical emergency; and
WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services teams by designating Emergency Medical
Services Week.
NOW, THEREFORE, I, Ken Gnadt, Mayor of Grand Island, Nebraska, do hereby proclaim May 19 - 25, 2002 as Emergency Medical Services Week
in the City of Grand Island and encourage the community to observe this
week with appropriate programs, ceremonies, and activities
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the City of Grand Island to be affixed this 21st day of May 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 Request of Raymond O'Connor for Change of
Land Use Designation for Property Located in Part of the SW1/4
of the SE1/4 of Section 14, Township 11, Range 10 from AG to R1
and R2.
Raymond O'Connor, has submitted a request to rezone approximately 25 acres of land
located North of Old Potash Hwy, and east of Shoemaker Elementary School from AG to R1
and R2. The purpose of the request is to rezone the property to allow residential housing.
The Regional Planning Commission, at their meeting of May 1, 2002, with 7 members voting
in favor and 1 member abstaining, voted to approve the request. It is appropriate at this time
to solicit public comment. The action item is contained under Ordinances.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: chad nabity
City of Grand Island City Council
May 2, 2002
Honorable Ken Gnadt, Mayor
and Members of the Council
City Hall
Grand Island NE 68801
Dear Mayor and Members of the Council:
RE: An amendment to the Zoning Map for properties located North of Old Potash
Hwy, and East of Shoemaker School from AG to R1 & R2.
At the regular meeting of the Regional Planning Commission, held May 1, 2002 the
above item was considered following a public hearing. This application proposes to
rezone property comprising of part of the SW ¼ of the SE ¼ of Section 14, Township 11,
Range 10. This application proposes to rezone the land from AG Agricultural Zone and
R1 Suburban Residential, and R2 Low Density Residential Zone.
Greg Baxter expressed concern with the drainage from this subdivision and if the area
could handle the drainage needed for an additional subdivision. Greg owns the land on
the east side of North Road that the 1977 drainage plan identifies for a detention cell and
open ditch drainage. He told the Planning Commission that there is some debate right
now as to if that detention cell will be put in or not. He did agree that the drainage ditch
will likely be built across his property but said that he would not be willing to let that
happen for 2 or 3 more years. His concerns were not as much with the overall drainage
plan as with continued development of subdivisions dependent upon this drainage.
These subdivisions are in direct competition with a subdivision being developed by Mr.
Baxter a mile to the north.
Steven Riehle, Grand Island Public Works Director and Ron Rockwell, engineer for the
developer answered questions about the drainage and dependence of this subdivision
on uncompleted sections of the overall drainage plan. Both agreed that if the expected
ditch is not in place to accept the drainage that 12” pipes could be installed at the end of
the 30” storm sewer to restrict flows and carry the water in the existing ROW to the
drainage ditch in place on the north side of Faidley Ave. This would cause the storm
drainage system in and along Redwood Drive to function as a holding facility for storm
waters.
Charlie Cuypers, Grand Island City Attorney explained that the ditch along Mr. Baxter’s
property is part of the comprehensive city drainage plan for that is almost 30 years in the
making. The City Council, at their meeting on April 23, 2002 gave City staff permission
to do what it takes to acquire the land for the detention cell. He also reiterated that the
engineers have an alternative plan as temporary solution if the land for the drainage
ditch is not acquired.
Following further discussion a motion was made by Ruge 2nd by Miller to approve and
recommend that the City of Grand Island approve this amendment to the Grand Island
Zoning Map.
The Planning Commission passed this motion with 7 members voting in favor
(Obermeier, Haskins, Ruge, Eriksen, O’Neill, Lechner, Miller) and 1 member (Obst)
abstaining.
Yours truly,
Chad Nabity AICP
Planning Director
cc: City Attorney
Director of Public Works
Director of Utilities
Director of Building Inspections
Manager of Postal Operations
Rockwell & Associates
Item E2
Public Hearing to Consider Revocation of Conditional Use Permit
for Automobile Wrecking Yard, Oakleaf Auto Crushing, 1803-
1911 Eldorado Street
Previously the Mayor and City Council have received copies of a letter dated May 1, 2002,
advising Craig Oakleaf, d/b/a Oakleaf Auto Crushing, of the intent of the City Attorney’s
Office, Code Compliance Officer and Building Department to conduct a public hearing to
consider revocation of the conditional use permit for the automobile wrecking yard operated
at 1803-1911 Eldorado Street, Grand Island, Hall County, Nebraska. This business has been
in operation for more than two decades, accompanied by virtually continual enforcement
action going back to at least October 13, 1981, at which time Oakleaf Auto Crushing was sent
a letter by then Assistant City Attorney William Shreffler, advising the manager of
complaints regarding junked vehicles and junked vehicle parts being stored outside the fence
in the public right-of-way and that the fence did not meet the requirements set forth in the
Grand Island City Code requiring that it be at least eight feet in height and site obscuring in
nature. Additional correspondence was sent periodically to this business over the years and
virtually innumerable personal conversations have been conducted between city staff and
manager Craig Oakleaf.
The results of the conversations have been periodic minimal improvements related solely to
removing junked vehicles, vehicle parts and salvage materials from Eldorado Street but there
has never been any significant progress toward lowering the height of the stacks of material
which reach above the fence and the business has continued to use Lot 18, Frank P. Bark’s
Subdivision No. 2 adjacent to the west side of the yard in violation of the Grand Island
Zoning Code. Because the adjacent property is zoned R4, it cannot be used as a salvage yard
or for any of the uses to which Oakleaf Auto Crushing has been utilizing the property for a
number of years.
We have received repeated promises during the course of our many visits with Mr. Oakleaf
that corrections and improvements will occurs but as mentioned earlier, other than removing
temporarily junk from Eldorado Street temporarily, nothing has changed. In fact, when the
May 1 letter was sent the entire operation was in worse condition and greater violation of the
City Code than has ever been the case previously. We are recommending that the conditional
use permit be revoked so that the City can proceed to bring the operation to closure. As an
alternative, the Grand Island City Council may revoke the existing conditional use permit
and reissue a new permit with additional conditions and periodic review opportunities.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Item E3
Public Hearing on Acquisition of Utility Easement Located at 3405
N. U.S. Hwy. 281 - Kramer's Auto Parts and Iron Company, Inc.
Acquisition of utility easement relative to property of Kramer's Auto Parts and Iron
Company, Inc. located at 3405 North U.S. Hwy. 281, is required in order to have access to
install, upgrade, maintain, and repair power appurtenances. This easement will be used to
facilitate a new pad mounted transformer. It is appropriate to solicit public comment. The
action item is contained under the Consent Agenda.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Item E4
Public Hearing on Acquisition of Utility Easement Located in the
Southwest Corner of 3015 W. North Front Street - OH HO
Partnership
Acquisition of utility easement located in the southwest corner of property located at 3015 W.
North Front Street, is required in order to have access to install, upgrade, maintain, and
repair power appurtenances. This easement will be used as a site for a pad mounted
transformer to serve a new apartment building. It is appropriate to solicit public comment.
The action item is contained under the Consent Agenda.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Item E5
Public Hearing on Acquisition of Utility Easement Located on East
Highway 30 & Shady Bend Road - GIA
Acquisition of utility easement located at East Highway 30 and Shady Bend Road, is required
in order to have access to install, upgrade, maintain, and repair power appurtenances. This
easement will be used in the extension of both overhead and underground distribution lines
to a new pad mounted transformer. It is appropriate to solicit public comment. The action
item is contained under the Consent Agenda.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Item E6
Public Hearing on Request of Westside Bowling Lanes, Inc. dba
Huddle Lounge, 112 Kaufman Avenue for Class "K" Liquor
License
Roy Fredrickson, representing Westside Bowling Lanes, Inc. dba Huddle Lounge, 112
Kaufman Avenue has submitted an application with the City Clerk's Office for a Class "K"
Liquor License in conjunction with their Class "C-04162" Liquor License. A Class "K" or
"Catering" Liquor license allows a Retail Class C, D, I or L license to deliver, sell or dispense
alcoholic liquors, including beer, for consumption at a location designated on a Special
Designated License (SDL). A Licensee shall not cater an event unless a SDL has been
obtained. This application has been reviewed by the Building, Fire, Health and Police
Departments. It is appropriate at this time to solicit public comment. The action item is
contained under the Consent Agenda.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item F1
#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
The Robert M. Allen Family Limited Partnership, the owner of Eagle Run, has requested
that Detention Cell B-6A previously dedicated to the City of Grand Island be reconfigured in
order to accommodate future commercial development of Meadowlark West Fourth
Subdivision. A public hearing regarding this matter was held during the February 26, 2002
City Council meeting. The Public Works Department has reviewed and approved the
reconfiguration. There are two actions before the Council in connection with this matter,
including (a) an ordinance approving acquisition of the reconfigured cell as Outlot "A", and
(b) approving an exchange agreement swapping the existing detention cell B-6A tract for
Outlot "A". Other than the cost of preparation of documents for presentation to the City
Council and the publication of a notice of public hearing, the City of Grand Island is
incurring no other expenses in connection with the exchange transaction. We recommend
that the ordinance and resolution be approved as drafted.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Approved as to Form ? _____________
May 16, 2002 ? City Attorney
ORDINANCE NO. 8721
An ordinance to direct and authorize the conveyance of a tract of land located in
the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in 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.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The conveyance to Robert M. Allen Family Limited Partnership of
a tract of land known as Detention Cell B-6A located in the Southeast Quarter of the Northeast
Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows is hereby
authorized and directed:
To ascertain the actual point of beginning, commence at the southeast corner of
said Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4); thence running
north on the east line of said Section Thirteen (13) for a distance of Seven
Hundred (700.0) feet; thence deflecting left ninety degrees and no minutes
(90º00') and running west on a line for a distance of Two Hundred Seventy
(270.0) feet to the actual point of beginning; thence continuing west on said line
for a distance of Two Hundred Thirty (230.0) feet; thence deflecting right ninety
degrees and no minutes (90º00') and running north on a line for a distance of Two
Hundred Seventy (270.0) feet; thence deflecting right ninety degrees and no
minutes (90º00') and running east on a line for a distance of Two Hundred Thirty
(230.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and
running south on a line for a distance of Two Hundred Seventy (270.0) feet to the
actual point of beginning; said tract of land containing 62,100 square feet, or 1.4
acres, more or less, identified as Cell B-6A as shown on Exhibit "B" dated 2-6-74,
attached hereto and incorporated herein by reference. The description herein is set
out in a Warranty Deed dated July 23, 1974 and recorded on July 31, 1974 in
ORDINANCE NO. 8721 (Cont.)
- 2 -
Approved as to Form ? ___________
May 16, 2002 ? City Attorney
Miscellaneous Records Book 175, Page 526 in the Office of the Register of
Deeds, Hall County, Nebraska.
SECTION 2. The consideration for such conveyance shall be the acquisition of a
tract of land consisting of approximately 1.47 acres, more or less, located in a part of Lot Six (6),
Meadowlark West Third Subdivision to be used for the reconfiguration of such detention cell.
Such conveyance shall be conditioned upon the terms and conditions of an Exchange Agreement
between the parties. A title insurance policy is not required to be furnished by the City.
SECTION 3. 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 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance agains t 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 5. 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 Robert M. Allen Family Limited Partnership, a deed for
ORDINANCE NO. 8721 (Cont.)
- 3 -
Approved as to Form ? ___________
May 16, 2002 ? City Attorney
said real estate, and the execution of such deed is hereby authorized without further action on
behalf of the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the drawing, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: May 21, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8736 - Consideration of Creating Sanitary Sewer Distinct #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, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle
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
May 16, 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.
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.
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? _____________
May 16, 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 ? ___________
May 16, 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 ? ___________
May 16, 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: May 21, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8737 - Consideration of Change of Land Use Designation for Part
of the SW1/4 of the SE1/4 of Section 14-11-10 From AG
Agricultural to R1 Suburban Residential and R2 Low Density
Residential
This item relates to the aforementioned Public Hearing. Raymond O'Connor, has submitted
a request to rezone approximately 25 acres of land located North of Old Potash Hwy, and
east of Shoemaker Elementary School from AG to R1 and R2. The purpose of the request is
to rezone the property to allow residential housing. The Regional Planning Commission, at
their meeting of May 1, 2002, with 7 members voting in favor and 1 member abstaining,
voted to approve the request.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ? __________
May 16, 2002 ? City Attorney
ORDINANCE NO. 8737
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising of a part
of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Fourteen (14),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the city of Grand Island,
Hall County, Nebraska, from AG-Agricultural Zone to R1-Suburban Residential Zone and R2-
Low Density Residential Zone; directing the such zoning change and classification be shown on
the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7;
and providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on May 1, 2002, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on May 21, 2002, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land, as shown on the attached drawing, is
hereby rezoned and reclassified and changed from AG-Agricultural Zone to R1-Suburban
Residential Zone:
Beginning at the southwest corner of Lot Fifty Four (54), Potash
Subdivision, said point being on the east line of said Southwest Quarter of
the Southeast Quarter (SW1/4, SE1/4); thence running northerly along the
west line of Potash Subdivision, a distance of approximately One
Thousand Eighty Two and Seven Tenths (1282.70) feet, to the northwest
ORDINANCE NO. 8737 (Cont.)
- 2 -
Approved as to Form ? ___________
May 16, 2002 ? City Attorney
corner of Lot Forty Three (43), Potash Subdivision and the northeast
corner of said Southwest Quarter of the Southeast Quarter (SW1/4,
SE1/4); thence running westerly along the north line of said Southwest
Quarter of the Southeast Quarter (SW1/4, SE1/4), a distance of
approximately One Hundred Eighty and Fifteen Hundredths (180.15) feet;
thence running southerly parallel with the west line of said Southwest
Quarter of the Southeast Quarter (SW1/4, SE1/4), a distance of
approximately One Hundred Thirty One and Ninety Three Hundredths
(131.93) feet; thence running westerly parallel with the south line of said
Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4), a distance of
approximately Six Hundred Fifty Nine (659.0) feet; thence running
southerly parallel with the west line of said Southwest Quarter of the
Southeast Quarter (SW1/4, SE1/4), a distance of approximately Nine
Hundred Seventy Five and Sixty Eight Hundredths (975.68) feet; thence
running westerly parallel with the south line of said Southwest Quarter of
the Southeast Quarter (SW1/4, SE1/4), a distance of approximately Three
and Six Hundredths (3.06) feet; thence running southerly parallel with the
west line of said Southwest Quarter of the Southeast Quarter (SW1/4,
SE1/4), a distance of One Hundred Seve nty Four and Five Tenths (174.50)
feet, to a point Forty (40.0) feet north of the south line of said Southwest
Quarter of the Southeast Quarter (SW1/4, SE1/4); thence running easterly
parallel with the south line of said Southwest Quarter of the Southeast
Quarter (SW1/4, SE1/4), a distance of approximately Eight Hundred Forty
Five and Three Tenths (845.30) feet, to the point of beginning and
containing 22.76 acres more or less.
SECTION 2. The following tract of land, as shown on the attached drawing, is
hereby rezoned and reclassified and changed from AG-Agricultural Zone to R2-Low Density
Residential Zone:
Beginning at the northwest corner of Lot Forty Three (43), Potash
Subdivision, said point also being the northeast corner of said Southwest
Quarter of the Southeast Quarter (SW1/4, SE1/4); thence running westerly
along the north line of said Southwest Quarter of the Southeast Quarter
(SW1/4, SE1/4), a distance of approximately One Hundred Eighty and
Fifteen Hundredths (180.15) feet, to the Actual Point of Beginning; thence
running southerly parallel with the west line of said Southwest Quarter of
the Southeast Quarter (SW1/4, SE1/4), a distance of approximately One
Hundred Thirty One and Ninety Three Hundredths (131.93) feet; thence
running westerly parallel with the south line of said Southwest Quarter of
the Southeast Quarter (SW1/4, SE1/4), a distance of approximately Six
Hundred Fifty Nine (659.0) feet; thence running northerly parallel with the
ORDINANCE NO. 8737 (Cont.)
- 3 -
Approved as to Form ? ___________
May 16, 2002 ? City Attorney
west line of said Southwest Quarter of the Southeast Quarter (SW1/4,
SE1/4), a distance of approximately One Hundred Twenty Nine (129.0)
feet, to a point on the north line of said Southwest Quarter of the Southeast
Quarter (SW1/4, SE1/4); thence running easterly along the north line of
said Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4), a
distance of approximately Six Hundred Fifty Nine (659.0) feet, to the
actual point of beginning and containing 1.97 acres more or less.
SECTION 3. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 4. 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: May 21, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#8738 - Grand Island Heritage Zoo - Chapter 2, Article X
Because the Grand Island Heritage Zoo has been closed and its assets liquidated, the
provisions found in Chapter 2, Article X of the Grand Island City Code pertaining to the zoo
are superfluous and should be repealed. The ordinance before the City Council as drafted
will accomplish this. Accordingly, we are recommending that the ordinance be approved and
adopted as drafted.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Approved as to Form ? ___________
May 16, 2002 ? City Attorney
ORDINANCE NO. 8738
An ordinance to amend Chapter 2 of the Grand Island City Code; to repeal Article
X. Grand Isle Heritage Zoo and Sections 2-113, 2-114, and 2-115 pertaining to the Grand Isle
Heritage Zoo property; repeal 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. Article X. Grand Isle Heritage Zoo and Sections 2-113, 2-114, and
2-115 of the Grand Island City Code are hereby repealed:
Article X. Grand Isle Heritage Zoo
§2-113. Ownership
Upon request of the Grand Island Area Zoological Society accompanied by receipt of proper documents of
conveyance, the City of Grand Island shall accept ownership from said Society of all animals, exhibits, and property
used in operation of the Grand Island Heritage Zoo; provided, said conveyance shall be free and clear of any and all
debts, liens, and contingent liabilities.
§2-114. Purpose
Upon receipt of conveyance as provided in §2-113, the City of Grand Island will own, maintain, and
operate the Grand Isle Heritage Zoo for public recreational and educational purposes and to preserve, display, and
provide instruction in animals, plants, and other objects of natural or scientific curiosity for such term and in such
manner as shall from time to time be established by the City.
§2-115. Management and Operation
The City may enter into an exclusive license agreement with a qualified person or organization for
such time and upon such terms and conditions as it may find in its best interests for the management and operation
of said Heritage Zoo.
SECTION 2. 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: May 21, 2002.
ORDINANCE NO. 8738 (Cont.)
- 2 -
Approved as to Form – ___________
May 16, 2002 • City Attorney
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#8739 - Consideration to Refer Annexation Areas to the Regional
Planning Commission
BACKGROUND
When people live, work and play in close proximity to one another, municipalities are created
to provide the services essential for the protection of the health, safety and well being of
residents. Municipalities provide the governmental services essential for sound urban
development. They provide for the protection of health, safety and well being of property
owners in areas that are used primarily for residential, industrial, and commercial purposes.
Municipalities must concern themselves with orderly growth pursuant to land use, building,
streets, sidewalks, sanitary sewer, storm sewer, water, electrical service, parks, libraries, fire
protection, and police protection.
Many factors drive annexation of urban and suburban areas adjacent to existing city
boundaries. Expansion of municipalities should not be based on a short-term economic
analysis but rather on a long-term plan to achieve the necessary expansion of services in the
most economical manner. This requires sound planning. Annexation of the proposed areas
makes sense. It is the right thing to do if services are to be provided and growth planned
for. Municipalities have historically been charged with meeting the needs of the expanded
community. The City will inherit these areas of the community at some point. It is best to
acquire and plan for improvements in infrastructure.
It is incumbent upon cities to anticipate and allocate resources for existing and future
infrastructure improvements.
SUMMARY
Council has identified at the two previous Retreat/Planning sessions an interest in
annexation.
Staff identified 15 areas that were appropriate for consideration of annexation. An
inventory of services, costs for infrastructure improvements, and other information was
developed for the annexation plan presented to the City Council at their retreat on March 5,
2002.
Because all 15 areas have budgetary implications and city officials must recognize the
fiscal realities of providing services to newly annexed areas, staff refined the potential
annexation areas based on 1) need; 2) available resources and has forwarded 9 areas to the
City Council for consideration. Phasing of infrastructure construction (especially of area #4)
allows costs to be spread out over multiple years.
While the proposed annexation timetable allows several opportunities for citizen
comment at OFFICIAL meetings, an additional effort was made to discuss annexation issues
Tuesday, May 21, 2002
Council Session
City of Grand Island
City of Grand Island City Council
with property owners in an informal setting. The open houses provided an excellent
opportunity for one on one interaction allowing property owners, as well as City staff and
officials to discuss concerns and issues. The meetings were very successful. Meeting at Cedar
Hollow - 67 people attended Meeting at Seedling Mile on Saturday morning - 63 people
attended Meeting at Seedling Mile on Wednesday evening - 44 people attended. Staff did their
best to answer questions with factual information while neither advocating nor opposing
annexation.
The proposed annexation timetable is as follows:
Referral of annexation issue to Regional Planning Commission on May 21, 2002
June 5, 2002 Regional Planning Commission Meeting
June 11, 2002 Resolution Setting Public Hearing
June 25, 2002 Public Hearing and First Reading of the Ordinance
July 9, 2002 Second Reading of the Ordinance
July 23, 2002 Third and Final Reading of the Ordinance
The reasons for this timetable include:
Impending infrastructure issues
Process needs to be structured and timely
Council’s discussions last two years at Retreat
Issue that shouldn’t be left unresolved
The process of considering areas for annexation is one which is lengthy and provides
multiple opportunities for input from the public and deliberation by the Mayor and City
Council. The formal process is generally initiated by the passage of an ordinance which
refers the territories under consideration for annexation to the Regional Planning
Commission to conduct the public hearing and make recommendations back to the Mayor
and City Council. These recommendations are not binding, but are based on the special
powers and duties of the Commission to express its judgment regarding the relation of the
proposed annexations to the planning of the municipality and whether the proposed
annexations are consistent with and should be included in the annexation component of the
comprehensive development plan.
The ordinance referring the nine areas recommended for annexation to the Regional
Planning Commission for consideration also directs that the City Clerk formally notify all
school districts within which the areas are situated to be notified of these deliberations and
that a referral has been made to the Regional Planning Commission. The City Clerk is to
notify the school districts of the time, date and place of the meeting of the Regional Planning
Commission at which the public hearing and deliberations will occur. The notice is to
include a copy of this ordinance as approved and adopted.
As has been stated repeatedly, including particularly during three open houses, there will be
at least five meetings during the annexation deliberations for the public to appear and
comment, including one before the Regional Planning Commission and four before the
Mayor and City Council. This procedure allows the Mayor and City Council to have multiple
opportunities to receive information, pro and con, regarding each area considered for
annexation prior to making a final decision. We recommend approval of the ordinance as
drafted.
Staff Contact:
City of Grand Island City Council
Approved as to Form ? _____________
May 16, 2002 ? City Attorney
ORDINANCE NO. 8739
An ordinance to refer certain areas suitable for annexation to the Regional
Planning Commission for proceedings and recommendations; to direct the City Clerk to provide
notice to Boards of Education; to repeal 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. The Mayor and City Council have previously discussed whether
certain areas which are urban or suburban in character, and are contiguous or adjacent to the City
of Grand Island should be annexed and made a part of the City.
SECTION 2. Information has been compiled regarding fifteen such areas which
conform to the statutes of the state of Nebraska for purposes of annexation, and the
administration and staff have made favorable recommendations regarding nine of the fifteen
areas as shown on attached Exhibit "A".
SECTION 3. The Mayor and City Council wish to provide the public with
opportunities to provide input into the deliberations considering annexation and are required by
Neb. Rev. Stat. §19-929 to receive recommendations from the Regional Planning Commission
concerning territories considered for annexation prior to any final action and to set a reasonable
time within which to receive said recommendations from the commission.
SECTION 4. The Mayor and City Council do hereby refer the nine areas for
which favorable recommendations for annexation have been received from the administration
and staff to the Regional Planning Commission for such public hearings and proceedings as are
ORDINANCE NO. 8739 (Cont.)
- 2 -
Approved as to Form – ___________
May 16, 2002 • City Attorney
provided by law, and request that the Commission provide recommendations to the City on or
before June 10, 2002 with respect to each such area.
SECTION 5. The Mayor and City Council direct the City Clerk to notify the
Board of Education of each school district in which the nine areas are situated of the
consideration before the Regional Planning Commission and advise each said board of the
meeting time, date and place of the commission meeting at which this matter is to be considered.
Said notification shall include a copy of this Ordinance as approved and adopted.
SECTION 6. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
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: May 21, 2002.
____________________________________
Ken Gnadt, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Receipt of Official Document - Civil Service Minutes of April 9,
2002
The Minutes of the April 9, 2002 Civil Service Meeting are submitted. See attached
MINUTES.
Tuesday, May 21, 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
APRIL 9, 2002
Roll Call: Members Present: Burns, Leeper
Members Absent: Hilligas
Also Present: Pete Kortum, Police Capt., Jim Rowell, Fire Chief
Curt Rohling, Fire Operations Chief
Leeper called the meeting to order at 8:35 a.m.
Notice of the meeting was published in the April 5, 2002, edition of the Grand Island Independent.
Burns moved to approve the minutes of the March 7, 2002, meeting. Leeper seconded the motion, which carried
unanimously upon roll call vote.
The Commission reviewed the list of 47 applicants for the Police exam scheduled for April 18, 2002. Burns moved
to certify 42 candidates as eligible to take the exam. Leeper seconded the motion, which passed unanimously
upon roll call vote. Five applicants, namely, Burget, Harris, McConnon, Muir and Puncohar are ineligible for
failure to submit proper verification (birth certificate, high school diploma, correct application).
The Commission reviewed Veteran’s Preference points awarded Richard Backer on the October, 2001, Firefighter
exam. Because Backer had only basic training and a se paration from the Army rather than the required service
and an honorable discharge, Veteran’s Preference points should not have been awarded. Burns moved that the
erroneous awarding of Veteran’s Preference points be removed from Backer’s score, dropping him from #2 to #8
on the certified eligibility list. Leeper seconded the motion, which passed unanimously upon roll call vote.
Assistant City Attorney, Dale Shotkoski, also reviewed the procedure and concurred that the Commission is
correct in adjusting Backer’s score to reflect no addition of Veteran’s Preference points. Backer will be notified
of the change.
The Commission received a request from the Fire Department to certify candidates to fill one Firefighter/EMT
position. Burns moved to certify the top three names, namely, Goldfeder, Brown and Thiele. Leeper seconded
the motion, which carried unanimously upon roll call vote.
There being no further business, Burns moved to adjourn the meeting at 9:35 a.m. Leeper seconded the motion,
which carried unanimously upon roll call vote.
Respectfully submitted,
Brenda Sutherland, Secretary Approved by Civil Service Commission: 5/6/02
Civil Service Commission Copies of approved Minutes to: City Clerk
Item G2
Appointment of Paul A. Leeper to Civil Service Commission
Paul Leeper has served on the Civil Service Commission since December 12, 1992. His
knowledge and experience have made him a valuable member of the Civil Service
Commission. With Council approval, I would like to reappoint Mr. Leeper to serve another 4-
year term, beginning June 1, 2002 and ending June 1, 2006.
Thank you for your consideration
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Marlan Ferguson
City of Grand Island City Council
Item G3
Approving Appointing Council Representative and Citizen to
Central District Health Department Board
With Council approval, I will appoint Bob Sorenson as the Council Representative, and Ann
Marsh as the citizen appointment to the Central District Health Department Board. The
terms of each member will be determined by the Board once they begin. The terms will be
staggered, 3-year terms.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Marlan Ferguson, Ken Gnadt
City of Grand Island City Council
Item G4
Approving Appointments to Library Board
The terms of two library board members – Gerald Bryant and Mike Kneale - expire as of
June 30, 2002. The board unanimously recommend reappointment of both board members,
subject to the Mayor's appointment and City Council confirmation at its May 21, 2002
regular session.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council
INTEROFFICE
MEMORANDUM
TO: Mayor Ken Gnadt
FROM: Steve Fosselman, Library
RE: Reappointment of Two Board Members
DATE: May 15, 2002
The terms of two library board members – Gerald Bryant and Mike Kneale - expire as of
June 30, 2002. Following are the board’s unanimous recommendations, for your
appointment and City Council confirmation at its May 21, 2002 regular session.
Ø Reappointment of Gerald Bryant to a four-year term on the library board, from July 1,
2002 through June 30, 2006. Mr. Bryant resides at 1313 Hagge Avenue in Grand
Island. He has been on the library board since 1996 due to his appointment to fill an
unexpired term, was reappointed in 1998 for his first full term and qualifies for his
second full term. He is currently president of the library board.
Ø Reappointment of Michael P. Kneale to a four-year term on the library board, from
July 1, 2002 through June 30, 2006. Mr. Kneale resides at 2615 Riverside Drive in
Grand Island. He was appointed in 2000 to fill an unexpired term and qualifies for his
first full term.
Item G5
Approving Minutes of May 7, 2002 City Council Regular Meeting
The Minutes of the May 7, 2002 City Council Regular Meeting are submitted for approval.
See attached MINUTES.
Tuesday, May 21, 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
May 7, 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 May 7, 2002. Notice of the meeting was given in the Grand Island Independent on
May 1, 2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and
Sorensen. Councilmember Pielstick 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 Pastor Dick
Bacon, Hall County Chaplaincy Corps.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on
agenda items.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Tourism Week” May 6-10, 2002. Mayor Gnadt proclaimed the week of May 6-
10, 2002 as “Tourism Week”. Trish Beam and Rene’ Seifert representing the Hall County
Convention Visitors Bureau were present to receive the proclamation. Introduced was Ted Lee
Uubanks representing Fermata, Inc. was introduced and spoke about tourism.
Proclamation “Salvation Army Week” May 13-19, 2002. Mayor Gnadt proclaimed the week of
May 13-19, 2002 as “Salvation Army Week”. Captain Al Simmert representing the Salvation
Army was present to receive the proclamation.
Proclamation “Older American Month” May, 2002. Mayor Gnadt proclaimed the month of May,
2002 as “Older American Month”. Lois Stienike, Executive Director of the Grand Generation of
Hall County was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request of Jerome Niedfelt for Conditional Use Permit for
Telecommunications Tower Located at 1124 South Adams Street Craig Lewis, Building
Department Director reported that Laurie Kelly representing Faulk & Foster and Western
Wireless and Jerome Niedfelt, had submitted an application with the City Clerks Office for a
Conditional Use Permit to allow for the construction of a Telecommunication Tower located at
Page 2, City Council Regular Meeting, May 7, 2002
1124 South Adams Street. Laure Kelly representing Faulk & Foster spoke in support. No further
public testimony was heard.
Public Hearing on Acquisition of Right of Way Located Along the North Side of Stolley Park
Road From U.S. Highway 30 West to Freedom Acres. (Chief Industries, Inc.) Gary Mader,
Utilities Director reported that acquisition of property located along the north side of Stolley
Park Road, from U.S. Highway 30 west to Freedom Acres, was required in order to have access
to install, upgrade, maintain, and repair power appurtenances. The overhead power line will be
moved from the south side of Stolley Park Road to facilitate the installation of a sewer line to
serve Freedom Acres. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 707 North Diers Avenue. (Grand
Island P.H., Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement
located in the northeast corner of property at 707 North Diers Avenue - Faidley & U.S. Highway
281, was required in order to have access to install, upgrade, maintain, and repair power
appurtenances. Pizza Hut was constructing a new building at this location. This easement would
be used to locate a pad-mounted transformer to serve the new business. No further public
testimony was heard.
ORDINANCES:
Motion was made by Larsen, second by Whitesides, to table Ordinance #8721 and Resolutions
#2002-56 and #2002-78 until the May 21, 2002 Regular Council meeting. Motion was adopted
unanimously.
#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.
CONSENT AGENDA: Items G-5 and G-6 were removed from the Consent Agenda. Motion by
Whitesides, second by Sorensen, carried unanimously to approve the Consent Agenda excluding
items G-5 and G-6.
Approving Minutes of April 23, 2002 City Council Regular Meeting.
Approving Request of Nancy Smith, 1614 West 7th Street, Hastings, Nebraska for Liquor
Manager Designation for Stratford Plaza, LLC dba Best Western Riverside Inn, 3333 Ramada
Drive.
Approving Request of Olivia Llamas, 3005 East Highway 30, Grand Island, Nebraska for Liquor
Manager Designation for El Tapatio of Grand Island Inc. dba El Tapatio Restaurant, 2610 South
Locust Street.
Approving Request of Jerome Niedfelt for Conditional Use Permit for Telecommunications
Tower Located at 1124 South Adams Street.
Page 3, City Council Regular Meeting, May 7, 2002
#2002-56 – Approving Reconfiguration of Detention Cell Inc luding Acquisition of Real Estate
and Approval of Exchange Agreement. This item was tabled until the May 21, 2002 City
Council Meeting.
#2002-78 – Approving Final Plat and Subdivision Agreement for Meadowlark West Fourth
Subdivision. This item was tabled until the May 21, 2002 City Council Meeting.
#2002-122 – Approving Amending Resolution #2002-77 Final Plat and Subdivision Agreement
for The Village Third Subdivision. It was noted that Resolution #2002-77 approved The Village
Third Subdivision with one lot as it was originally presented in December of 2001. The Regional
Planning Commission recommended approval of The Village Third Subdivision as presented in
March of 2002 with 29 lots and 3 outlots. Resolution #2002-77 needed to be amended to show
that The Village Third Subdivision was made up of 29 lots and 3 outlots.
#2002-123 – Approving Acquisition of Right of Way Located Along the North Side of Stolley
Park Road From U.S. Highway 30 West to Freedom Acres. (Chief Industries, Inc.)
#2002-124 – Approving Acquisition of Utility Easement Located at 707 North Diers Avenue.
(Grand Island P.H., Inc.)
#2002-125 – Aproving Engineering Services for Well Field Collection Basin Project CH2M Hill,
Englewood, Colorado in an Amount Not to Exceed $74,414.00.
#2002-126 – Approving Utility Property Farm Leases. It was noted that The Utilities, Public
Works and Parks and Recreation Departments lease lands owned at the Platte Valley Industrial
Park, Burdick Station, the Well Field, land north of the Wastewater Treatment site, the City
Landfill and CHAAP to the following tenants: Larry Knuth, Kenneth Clausen, Jack Webb, Mike
Peters, Gerald Bremer, Robert Nunnenkamp, Matt Turek and Bill Cure.
#2002-127 – Approving Continuation and Construction of Street Improvement District #1240,
Grand West Third Subdivision.
#2002-128 – Approving Supplemental Agreement #1 to Project No. S-30-4(1019) with the
Nebraska Department of Roads to Improve US Highway 30 in Grand Island.
#2002-129 – Approving Bid Award for (1) New Commercial Mulching Turf Mower with
Midwest Turf & Irrigation, Omaha, Nebraska in the Amount of $10,543.00.
RESOLUTIONS:
#2002-130 – Approving Bid Award for Motor Grader for the Street Department. Steve Riehle,
Public Works Director reported that the Public Works Department, Street and Transportation
Division, was replacing a 40 year old motor grader. Bids were received on April 16, 2002 for a
33,000 lb., 6-wheel drive, 180 horsepower grader. All bids that were received were higher than
the estimate of $137,221.00. The bids ranged from $152,660.00 to $172,360.00. A motor grader
Page 4, City Council Regular Meeting, May 7, 2002
was available from the state contract holder at a cost that was less than the estimate, under State
of Nebraska Contract Number CA-5747. The Public Works Department recommended that the
purchase be awarded to Spreitzer, Inc. of Omaha in the amount of $135,173.00 per this contract.
Mr. Riehle stated that if the Council did not award the bid to the lowest bidder, all bids would be
rejected and the project re-advertised with bid specifications that took into account the other
items that can be considered when selecting equipment.
Councilmember Larson stated that he felt the lowest bid was not always the best bid. His concern
was what the motor grader would be worth in 40 years. Councilmember Whitesides wanted to
know what Steve Riehle’s opinion was in purchasing a Volvo motor grader instead of one of the
others. Mr. Riehle stated that he had some reservations, but the Street Department personnel
were in favor of purchasing a Volvo motor grader from the State Contract.
Bob Snodgrass, Norfolk, Nebraska representing Volvo spoke in support.
Motion by Seifert, second by Sorensen, to approve the purchase of a motor grader through State
Contract Number CA-5747 with Spreitzer, Inc., Omaha, Nebraska in the amount of $135,173.00.
Motion carried unanimously.
#2002-131 – Approving No Smoking Policy. Marlan Ferguson, City Administrator reported that
at the April 2, 2002 City Council Study Session, representatives from the Tobacco Free Hall
County organization made a presentation requesting City Council establish a policy banning
smoking in city facility and vehicles. As a result of that, a policy had been prepared for the
Council's consideration.
Tim Gregory, 1403 North Howard Place; Luke McMahan, 1109 South Cherry Street; Laura
Haberman, 3007 Sothman Drive; Jason Meis, 3121 Briarwood Boulevard; Clint McCarthy, 2210
Gateway Avenue and Tom O’Neill, 804 West Stolley Park Road spoke in favor.
Councilmember Sorensen questioned if this Resolution could be enforced. City Attorney Charlie
Cuypers stated that typically resolutions are advisory or self enforced. Councilmember
Whitesides stated he felt we pass too many laws that are not enforceable. Councilmember Haase
felt that putting up signs would help and she congratulated the youth on taking a stand.
Councilmember Walker asked if there had been problems in the pool areas. Steve Paustian, Parks
and Recreation Director stated that there would not be much of a change except in the bleachers,
grandstands and athletic fields. Councilmember Hornady stated she feels that non-smokers are
passing off the responsibility and she has problems with government intruding on people’s lives.
Motion by Seifert, second by Haase, to approve Resolution #2002-131 regarding the No
Smoking Policy. Upon roll call vote, Councilmembers Seifert, Larsen, Haase, Murray and
Walker voted yes. Councilmembers Ward, Hornady, Whitesides and Sorensen voted no. The
Mayor voted in favor casting the sixth and deciding vote. Motion was adopted.
PAYMENT OF CLAIMS:
Page 5, City Council Regular Meeting, May 7, 2002
Motion by Whitesides, second by Ward, carried unanimously to approve the Claims for the
period of April 24, 2002 through May 7, 2002, for a total amount of $3,259,355.66.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G6
Approving Minutes of May 14, 2002 City Council Study Session
The Minutes of the May 14, 2002 City Council Study Session are submitted for approval. See
attached MINUTES.
Tuesday, May 21, 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
May 14, 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
May 14, 2002. Notice of the meeting was given in the Grand Island Independent on May 8,
2002.
Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Pielstick, 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 and Finance Director David
Springer.
PLEDGE OF ALLEGIANCE was said.
Sidewalk Committee Report. Steve Riehle, Public Works Director and Craig Lewis, Building
Department Director reported that in 1997 the City Council adopted Resolution #97-214 for the
continued installation of public sidewalks. The policy required a plan to accommodate pedestrian
school traffic. A committee consisting of staff from the Public Works, Building and Planning
Departments had been meeting to develop priorities for sidewalks near schools. In April 2002,
the committee met with the Principals of Stolley Park, Seedling Mile, Westridge and Engleman
schools to discuss their thoughts regarding sidewalks.
The Committee wanted direction from the Council in order to proceed. If Council resolved to
pursue sidewalks in these areas, property owners would be notified to install sidewalks and be
given a deadline for compliance. Mr. Riehle stated a Resolution directing staff to notify property
owners to install sidewalks would be on the May 21, 2002 Council Agenda.
A presentation was made with proposed sidewalks along Stolley Park, Seedling Mile, Westridge
and Engleman Elementary schools. Councilmember Walker asked what the cost per square foot
of sidewalk would be. Mr. Riehle stated $10 – $12 per foot if hired by a contractor.
Councilmember Pielstick requested that the preliminary work be done by the City before we ask
the property owners to put in sidewalks. Councilmember Larson mentioned the difficulty in not
doing things right the first time and urged staff to require new subdivisions to put in sidewalks.
Councilmember Ward clarified that the City would be responsible for the dirt work where the
sidewalks would be required. Councilmember Pielstick mentioned the neighborhood associations
and contacting them to help.
Tom Noble, 1715 Hudson Circle and Jacey McGowan, 533 Linden Avenue spoke in support.
Update on Annexation. Marlan Ferguson, City Administrator reported that Annexation had been
a subject of discussion many times over the past several years and was one of the top Council
Page 2, City Council Study Session, May 14, 2002
priorities identified at the 2001-2002 Annual Council Retreat. When Council directed
Administration to look at annexation, the emphasis was on addressing infrastructure needs,
equalizing tax situations for those who are currently receiving City services, and acknowledging
current and anticipated growth of the community in order to best plan for service delivery.
Nebraska law provides the authority for municipalities to annex land.
One of the challenges associated with annexation involved timing. Mr. Ferguson stated that
several open house meetings had taken place to inform and answer questions from the public.
The timeline for this process was reviewed. Mr. Ferguson stated that city staff needed the
Councils direction on this issue.
Rollie Reynolds, 239 South Lakeside Drive spoke against annexation due to cost. Bob Kutz, 20
Kuester Lake and Otis Williamson, 22 Kuester Lake spoke in opposition. Gary Rosacker, 4408
Quail Lane spoke in favor of annexation and would like to become a part of the city.
Councilmember Seifert questioned the reimbursement of lights, sidewalks, etc. Mr. Reihle stated
that the City would not reimburse these expenses. Chad Nabity, Regional Planning Director
stated that Kuester Lake had a private road and it would remain that way unless it was donated to
the City. The Council had an opportunity to review the maps and ask questions.
Councilmember Murray asked about the requests that had been made earlier as far as the age and
numbers of septic tanks and costs. Mr. Lewis stated that this would be time consuming and
nearly impossible to compile. Mr. Murray stated that maybe this should be put off and work it
into our comprehensive plan. Councilmember Haase stated her biggest concern was getting
information on the financial end of this and how it would effect the City with other projects. Mr.
Ferguson stated that the City was in good financial shape and now would be the time to do this.
There may be some projects that might have to be pushed back.
Councilmember Hornady wanted clarification on Title 124. Craig Lewis, Building Department
Director explained Title 124 relating to ground water, evaluation, etc. Ms. Hornady questioned
the water quality at Kuester Lake. Councilmember Larson stated that this is often times an
emotional issue, but we need to look at the big picture. Mr. Larson encouraged the Council to
move this along to the Planning Commission.
It was the consensus of the Council to move this forward with the timeline set out.
ADJOURNMENT: The meeting was adjourned at 8:45 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G7
Approving Request of Westside Bowling Lanes, Inc. dba Huddle
Lounge, 112 Kaufman Avenue for Class "K" Liquor License
This item relates to the aforementioned Public Hearing. Roy Fredrickson, representing
Westside Bowling Lanes, Inc. dba Huddle Lounge, 112 Kaufman Avenue has submitted an
application with the City Clerk's Office for a Class "K" Liquor License in conjunction with
their Class "C-04162" Liquor License. A Class "K" or "Catering" Liquor license allows a
Retail Class C, D, I or L license to deliver, sell or dispense alcoholic liquors, including beer,
for consumption at a location designated on a Special Designated License (SDL). A Licensee
shall not cater an event unless a SDL has been obtained. This application has been reviewed
by the Building, Fire, Health and Police Departments. Approval is recommended.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G8
Approving Request of George P. Kurtz, 616 Pheasant Place for
Liquor Manager Designation for Albertson's, Inc. dba Albertson's
Express #2265, 1235 Allen Drive
George P. Kurtz, 616 Pheasant Place representing Albertson's, Inc. dba Albertson's Express
#2265, 1235 Allen Drive, has submitted an application with the City Clerk's Office for a
Liquor Manager Designation in conjunction with the Class "B-50160" and "K-50162"
Liquor Licenses. This application has been reviewed by the Police Department and City
Clerk's Office. Approval is recommended.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G9
Approving Preliminary Plat for Country Meadows Subdivision
Raymond O'Connor, owner, has submitted the preliminary plat for Country Meadows
Subdivision, located North of Old Potash Hwy, and East of Shoemaker Elementary School.
This plat proposes to develop an unplatted parcel of land into 83 lots. This plat has been
reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning
Commission, at their meeting of May 1, 2002, with 7 members voting in favor and 1 member
abstaining voted to recommend approval. Approval is recommended. See attached
RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: chad nabity
City of Grand Island City Council
Item G10
#2002-56 - Approving Reconfiguration of Detention Cell Including
Acquisition of Real Estate and Approval of Exchange Agreement
The Robert M. Allen Family Limited Partnership, the owner of Eagle Run, has requested
that Detention Cell B-6A previously dedicated to the City of Grand Island be reconfigured in
order to accommodate future commercial development of Meadowlark West Fourth
Subdivision. A public hearing regarding this matter was held during the February 26, 2002
City Council meeting. The Public Works Department has reviewed and approved the
reconfiguration. There are two actions before the Council in connection with this matter,
including (a) an ordinance approving acquisition of the reconfigured cell as Outlot "A", and
(b) approving an exchange agreement swapping the existing detention cell B-6A tract for
Outlot "A". Other than the cost of preparation of documents for presentation to the City
Council and the publication of a notice of public hearing, the City of Grand Island is
incurring no other expenses in connection with the exchange transaction. We recommend
that the ordinance and resolution be approved as drafted. See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-56
WHEREAS, Robert M. Allen Family Limited Partnership has expressed an interest in
reconfiguring the detention cell known as the City of Grand Island Detention Cell B-6A in order to
accommodate future development in and around Meadowlark West Third Subdivision in the City of Grand
Island, Hall County, Nebraska; and
WHEREAS, such property owner has recommended exchanging property with the City of
Grand Island in order to reconfigure such detention cell; and
WHEREAS, a public hearing was held on February 26, 2006 for the purpose of discussing the
proposed acquisition of property located in the City of Grand Island Detention Cell B-6A and part of Lots Six
(6), Eight (8) and Nine (9), Meadowlark West Third Subdivision in the City of Grand Island, Hall County,
Nebraska, all in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, and more
particularly described as follows:
Commencing at the southeast corner of Lot 7, Meadowlark West Third Subdivision; thence
on an assumed bearing of S90º00'00"W along the south line of said Lot 7, a distance of
216.07 feet to a point being the southeast corner of said Detention Cell B-6A, said point also
being the point of beginning; thence S00º07'16"W a distance of 45.52 feet; thence
N89º52'44"W a distance of 336.73 feet; thence N00º07'16"E a distance of 190.13 feet;
thence S89º51'18"E a distance of 336.73 feet; thence S00º07'16"W a distance of 147.47 feet
to the point of beginning. Said tract contains 63,999.42 square feet or 1.47 acres more or less,
as shown on the drawing revised April 30, 2002, attached hereto as Exhibit "A" and
incorporated herein by reference; and
WHEREAS, an Exchange Agreement has been prepared by the City Attorney's office for such
property exchange.
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
approximately 1.47 acres of property from Robert M. Allen Family Limited Partnership, for use in
reconfiguring the existing detention cell adjacent to Lots Six (6), Eight (8) and Nine (9), Meadowlark West
Third Subdivision as set out in the Exchange Agreement.
BE IT FURTHER RESOLVED, that the Exchange Agreement for such conveyance of
property is hereby approved; 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 May 21, 2002.
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
_____________________________________
RaNae Edwards, City Clerk
Item G11
#2002-78 - Approving Final Plat and Subdivision Agreement for
Meadowlark West Fourth Subdivision
Robert M. Allen Family Limited Partnership, owners, have submitted the final plat for
Meadowlark West 4th Subdivision, located South of 13th Street, and Wet of Webb Road. This
plat proposes to develop 15 lots and 1 out lot. This plat has been reviewed by the Planning,
Public Works and Utilities Departments. The Regional Planning Commission, at their
meeting of May 1, 2002, unanimously voted to recommend approval. See attached
RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-78
WHEREAS, Robert M. Allen Family Limited Partnership, as owner, has caused to be laid
out into lots and an Outlot, a tract of land comprising all of Lots One (1) through Nine (9), and Twenty Four
(24) through Twenty Nine (29), Meadowlark West Third Subdivision, in the City of Grand Island, and the
City of Grand Island Detention Cell B-6A, all in the East Half of the Northeast Quarter (E1/2, NE1/4) of
Section 13, Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska,
under the name of MEADOWLARK WEST FOURTH SUBDIVISION, and has caused a plat thereof to
be acknowledged by it; and
WHEREAS, such subdivision was approved by the Regional Planning Commission on
March 6, 2002; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Board of
Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19-
923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner and
the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of MEADOWLARK WEST FOURTH
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G12
#2002-132 - Approving Acquisition of Utility Easement - Kramer's
Auto Parts and Iron Company, Inc.
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 Kramer’s Auto
Parts and Iron Company, Inc., located at 3405 N. U.S. Hwy. 281, on Hwy. 281, ¼ mile north
of Airport Road, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Kramer’s Auto Parts is adding a new crusher to recycle aluminum cans. The increased load
and consolidation of existing services requires a new pad mounted transformer which this
easement will facilitate. One dollar ($1.00) for the easement will be paid to the grantor. See
attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
EXHIBIT "A"
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-132
WHEREAS, a public utility easement is required by the City of Grand Island, from
Kramer's Auto Parts and Iron Company, Inc., a Nebraska corporation, to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers; and
WHEREAS, a public hearing was held on May 21, 2002, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter (SW1/4) of
Section Thirty Three (33), Township Twelve (12) North, Range Nine (9) West of the 6th P.M. in Hall
County, Nebraska, the centerline of the twenty (20.0) foot wide utility easement and right-of-way being
more particularly described as follows:
Tract No. 1:
Beginning at a point on the northerly line of Lot one (1) Kramers Subdivision, Hall County,
Nebraska, being one hundred sixty five and five tenths (165.5) feet easterly of the
northwest corner; thence northerly parallel to the westerly line of the Southwest Quarter
(SW1/4) of Section Thirty Three (33), Township Twelve (12) North, Range Nine (9) West
of the 6th P.M., a distance of five hundred sixty one and five tenths (561.5) feet to a point
on the northerly line of the tract of land as described in Document 94-108632, recorded at
the Register of Deeds Office, Hall County, Nebraska. AND
Tract No. 2:
Commencing at a point on the westerly line of the Southwest Quarter (SW1/4) of Section
Thirty Three (33), Township Twelve (12) North, Range Nine (9) West of the 6th P.M.,
being one thousand three hundred fifty and eight tenths (1,350.8) feet north of the
southwest corner of the said Southwest Quarter (SW1/4); thence easterly perpendicular to
the westerly line of said Southwest Quarter (SW1/4), a distance of two hundred thirty one
and five tenths (231.5) feet to the Actual Point of Beginning; thence continuing easterly on
the last described course, a distance of twenty four (24.0) feet; thence northerly parallel to
the westerly line of said Southwest Quarter (SW1/4), a distance of thirty (30.0) feet.
The above-described easement and right-of-way containing a combined total of 0.278
acres acres, more or less as shown on the plat dated May 1, 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 Kramer's Auto Parts and Iron Company, Inc., a
Nebraska corporation, on the above-described tract of land.
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 21, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2002-133 - Approving Acquisition of Utility Easement - OH HO
Partnership
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 OH HO
Partnership, located in the southwest corner of property located at 3015 West North Front
Street, in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers.
A new apartment building will be built at this location. This easement will provide a site to
serve the new apartment building with a pad mounted transformer. One dollar ($1.00) for the
easement will be paid to the grantor. See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
EXHIBIT "A"
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-133
WHEREAS, a public utility easement is required by the City of Grand Island, from Oh Ho
Partnership, to install, upgrade, maintain, and repair power appurtenances, including lines and transformers;
and
WHEREAS, a public hearing was held on May 21, 2002, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot One (1), Hehnke Subdivision in
the City of Grand Island, Hall County, Nebraska, the utility easement and right-of-way being more
particularly described as follows:
The westerly twenty (20.0) feet of the southerly twenty (20.0) feet of Lot One (1) Hehnke
Subdivision.
The above-described easement and right-of-way containing a total of 400 square feet,
more or less as shown on the plat dated May 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 Oh Ho Partnership on the above-described tract of
land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 21, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2002-134 - Approving Acquisition of Utility Easement - G.I.A.,
Inc.
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 G.I.A., Inc.
located on East Highway 30 and Shady Bend Road, in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers.
This easement will be used in the extension of both overhead and underground distribution
lines to a new pad mounted transformer. The transformer is needed to serve increased
electrical load at GIA. One dollar ($1.00) for the easement will be paid to the grantor. See
attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
EXHIBIT "A"
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-134
WHEREAS, a public utility easement is required by the City of Grand Island, from G.I.A.,
Inc., a Nebraska corporation, to install, upgrade, maintain, and repair power appurtenances, including lines
and transformers; and
WHEREAS, a public hearing was held on May 21, 2002, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of the Southeast Quarter of the
Northeast Quarter (SE1/4, NE1/4) of Section Eleven (11), Township Eleven (11) North, Range Nine (9)
West of the 6th P.M. in Hall County, Nebraska, the centerline of the twenty (20.0) foot wide utility
easement and right-of-way being more particularly described as follows:
Commencing at the southeast corner of the Southeast Quarter of the Northeast Quarter
(SE1/4, NE1/4) of Section Eleven (11), Township Eleven (11) North, Range Nine (9)
West; thence westerly along the southerly line of said Southeast Quarter of the Northeast
Quarter (SE1/4, NE1/4), a distance of seven hundred thirty eight and seventy eight
hundredths (738.78) feet to the ACTUAL POINT OF BEGINNING; thence deflecting
right 84º51'00" and running northerly, a distance of thirty and twelve hundredths (30.12)
feet; thence deflecting right 95º9'00" and running easterly, a distance of two hundred sixty
three and forty eight hundredths (263.48) feet; thence deflecting left 12º5'59" and running
northeasterly, a distance of two hundred fifty three and one hundredth (253.01) feet; thence
deflecting left 90º00'00" and running northwesterly, a distance of one hundred two and sixty
one hundredths (102.61) feet; thence deflecting right 90º00'00" and running northeasterly, a
distance of sixty six and thirty four hundredths (66.34) feet; thence deflecting left 90º00'00"
and running northwesterly, a distance of eighty two and eight hundredths (82.08) feet.
The above-described easement and right-of-way containing a total of 0.368 acres acres,
more or less as shown on the plat dated May 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 G.I.A., Inc., a Nebraska corporation, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 21, 2002.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2002-135 - Approving Joint Reporting Agreement - NPPD and
City of Grand Island
The problems associated with deregulation of the nations electric industry have been well
documented in the media over the past few years. As a result of the problems, federal
regulation has increased, and as is often the case with federal regulation, extensive
documentation and reporting are required to comply. The National Electric Reliability
Council (NERC) and, regionally, the Mid American Power Pool (MAPP) have promulgated
expanded rules and regulations governing the operation of electric utilities.
Mutual support and emergency back-up service have long been parts of utility operations.
But with deregulation many more entities have access to the transmission system, increasing
the chances of manipulating the rules to gain a financial advantage not intended by the
original rules. Also during this same time frame, the nations reserves were being reduced by
growing electric loads during a period of little plant construction. With dwindling reserves
and deregulation came the need to more firmly document support arrangements and
establish more detailed pricing methods.
NPPD is the area control for MAPP and Grand Island is located within that regional control
area. NPPD is a member of the MAPP organization. Grand Island is not. Until now, the
two utilities have continued to operate in much the same way as pre-deregulation, routinely
buying and selling power and providing backup when needed, to the mutual benefit of both.
However, regulation now requires that Grand Island comply with the new regulation in order
to receive the benefit of MAPP support in an emergency, e.g. the loss of PGS.
Over the past several months, GI Utility and NPPD staff have reviewed a number of options
to provide compliance with MAPP rules. The result of this analysis is the attached proposed
Joint Reporting Agreement. Since NPPD is the MAPP control for the area around the City,
and, because of logistics, is the entity through which Grand Island accesses other MAPP
utilities for mutual support services, it seemed reasonable to add Grand Island requirements
directly to the overall control area requirements as reported and administered by NPPD. If
the parties approve this Agreement, it is then subject to additional approvals at MAPP; the
Accreditation Working Group (AWG), the Design Review Subcommittee (DRS), and the
MAPP Board.
It is the recommendation of the Utilities Department that the Joint Reporting Agreement be
approved.
Fiscal Effects:
Tuesday, May 21, 2002
Council Session
City of Grand Island
City of Grand Island City Council
Some staff time to provide the required specific data for MAPP accreditation, payment to
NPPD for the additional costs associated with adding the GI capacity to their reporting;
estimated at $20,000 per year, and purchase of firm transmission service for emergency
access to MAPP utilities’
reserves; estimated at $250,000 per year.
Alternatives:
Join MAPP which would require added utility staff and equipment installation, plus
$128,000 first year payment and an annual payment of $108,000 thereafter. At the present
time, there is substantial uncertainty about the future of MAPP. Use of NPPD T-2
transmission service estimated at $857,000 per year. Purchase of transmission network firm
service estimated at over $1,000,000 annual cost. Operate duplicate City generation to
provide 100% back up in the event that a City generator experiences an unplanned outage.
See attached RESOLUTION.
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-135
WHEREAS, the North American Electric Reliability Council (NERC) and the Mid Continent Area
Power Pool (MAPP) have established standards to maintain the reliability and capability of the nations electric
system; and
WHEREAS, those reliability standards require reporting of generation and transmission system
capabilities, and prescribe operational requirements for member facilities; and
WHEREAS, Nebraska Public Power District (NPPD) owns and operates certain electric
generating facilities together with a transmission system and various distribution systems in the State of Nebraska
and is engaged in the generation, purchase, transmission, distribution, and sale of electric power and energy; and
WHEREAS, the City of Grand Island owns and operates certain electric generating facilities
together with an electric distribution system and is engaged in the generation, purchase, transmission, distribution
and sale of electric power and energy; and
WHEREAS, NPPD and the City have provided power and energy to each other since 1981
through an Interconnection and Interchange Agreement; and
WHEREAS, the City is physically located within the control area of NPPD and NPPD's control
area is part of the MAPP region; and
WHEREAS, the parties' respective electric systems are presently interconnected and they wish to
provide joint reporting of generation and transmission facilities to MAPP, making possible a more beneficial use of
generating facilities and assuring better service in emergencies, thereby providing important benefits to the areas
served by the parties and the public; and
WHEREAS, after reviewing available options, it was recommended that the City enter into a Joint
Reporting Agreement with NPPD to provide compliance with MAPP rules; and
WHEREAS, the proposed Joint Reporting Agreement has been reviewed and approved by the
City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the Joint Reporting Agreement by and between the City and
Nebraska Public Power District is hereby approved; 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 May 21, 2002.
_____________________________________
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
RaNae Edwards, City Clerk
Item G16
#2002-136 - Approving Bid Award for Turbine Control System
Equipment - Platte Generating Station
The current control system for the turbine generator at the Platte Generating Station was
originally purchased in 1977. The system is essential for operation of the plant, however, it is
obsolete and no longer supported by its manufacturer, General Electric. It has been reliable,
but failed components cannot be replaced. They must be repaired by third party contractors,
and that service is also dwindling. The major plant outage to inspect the turbine generator
this fall allows an opportunity to replace the system in a planned manner. Therefore,
specifications were developed for replacing the turbine control system equipment by our
consultant for this project, Black & Veatch, and were issued in accordance with City
purchasing procedures.
Specifications for the turbine control system equipment were advertised with responses
received from the following bidders. Sales tax was not included in either bid. The engineer’s
estimate for this project was $450,000.
Bidder Bid Pric
ETSI/ABB Automation Inc, from Littleton, CO $ 210,520
GE Global Control Services from Loveland, CO $ 405,000
The bids were reviewed for compliance with the City’s detailed specifications. The bid from
ETSI/ABB took exception to a major portion of the specifications. Their bid excluded the
specified operator workstation, which includes software development to integrate the new
turbine controls into the existing plant controls systems. The bid was evaluated to be
incomplete and not further evaluated. The bid from GE meets all the requirements of the
technical specification with no exceptions. They are also the original manufacturers of the
control system and are supplying the control systems for the new combustion turbines at
Burdick Station. It is the recommendation of the Utilities Department that GE be awarded
the contract for this work in the amount of $405,000 from Electric account 520.
See Attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 9, 2002 at 11:00 a.m.
FOR: Turbine Control System Equipment
DEPARTMENT: Utilities - PGS
ENGINEER’S ESTIMATE: $450,000
FUND/ACCOUNT: E520
PUBLICATION DATE: April 13, 2002
NO. POTENTIAL BIDDERS: 2
SUMMARY
Bidder: GE Global Controls Services ABB, Inc.
Loveland, CO Littleton, CO
Bid Security: Federal Insurance Company Federal Insurance Company
Exceptions: Noted Noted
Bid Price: $405,000.00 $210,520.00
cc: Gary Mader, Utilities Director
Tim Luchsinger, PGS
RaNae Edwards, City Clerk
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
Bid specs given to Roger Frandsen, PGS
P-714
Approved as to Form ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-136
WHEREAS, the City of Grand Island invited sealed bids for Turbine Control System
Equipment, according to plans and specifications on file with the Purchasing Division of the Legal
Department; and
WHEREAS, on May 9, 2002, bids were received, opened and reviewed; and
WHEREAS, GE Global Control Services of Loveland, Colorado, 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 $405,000; and
WHEREAS, GE Global Control Services' bid is less than the engineer’s estimate for such
equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GE Global Control Services of
Loveland, Colorado, in the amount of $405,000.00 for turbine control system equipment 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G17
#2002-137 - Approving Bid Award for Generator Excitation
Control Equipment - Platte Generating Station
The current voltage control system for the generator at the Platte Generating Station was
originally purchased in 1977. The system is essential for operation of the plant, however, it is
obsolete and no longer supported by its manufacturer, General Electric. It has been reliable,
but failed components cannot be replaced and must be repaired by third party contractors.
The major plant outage to inspect the turbine generator this fall allows an opportunity to
replace the system in a planned manner. Therefore, specifications were developed for
replacing the generator excitation control system equipment by our consultant for this
project, Black & Veatch, and were issued in accordance with City purchasing procedures.
The specifications for the generator excitation control system were issued for bid and
responses were received from the following bidders. Only E2 Power Systems included sales
tax in their bid. The engineer’s estimate for this project was $175,000.
Bidder Bid Price Evaluated Bid Price
ABB Automation Inc, from Littleton, CO $ 125,000 $125,000.00
GE Global Control Services from Loveland, CO $ 220,400 $220,400.00
E2 Power Systems from Chesterfield, MO $ 202,762 $193,106.67
Department engineering staff reviewed the bids for compliance with the City’s detailed
specifications. The bid from ABB did not provide an operator workstation, a power control
module, or an interface to the plant control system as specified and was not further
evaluated. The other two bids meet the requirements of the technical specification with no
exceptions. GE offered, in their bid, a deduct of $86,020 if they were awarded both the
contract for the Turbine Controls replacement and the Generator Controls replacement. GE
was the only compliant bidder on the Turbine Controls contract. It is the recommendation of
the Utilities Department that GE be awarded the contract for this work in the amount of
$134,380 from Enterprise Fund 520.
See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 9, 2002 at 11:15 a.m.
FOR: Generator Excitation Control Equipment
DEPARTMENT: Utilities - PGS
ENGINEER’S ESTIMATE: $175,000
FUND/ACCOUNT: E520
PUBLICATION DATE: April 13, 2002
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: GE Global Controls Services ABB, Inc.
Loveland, CO Littleton, CO
Bid Security: Federal Insurance Company Federal Insurance Company
Exceptions: Noted Noted
Bid Price: $220,400.00 $125,000.00
Bidder: E2 Power Systems, Inc.
Littleton, CO
Bid Security: $10,108.10
Exceptions: Noted
Bid Price: $202,762.00
cc: Gary Mader, Utilities Director
Tim Luchsinger, PGS
RaNae Edwards, City Clerk
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
Bid specs given to Roger Frandsen, PGS P-715
Approved as to Form ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-137
WHEREAS, the City of Grand Island invited sealed bids for Generator Excitation Control
Equipment, according to plans and specifications on file with the Purchasing Division of the Legal
Department; and
WHEREAS, on May 9, 2002, bids were received, opened and reviewed; and
WHEREAS, GE Global Control Services of Loveland, Colorado, 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 $134,380.00; and
WHEREAS, GE Global Control Services' bid is less than the engineer’s estimate for such
equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of GE Global Control Services of
Loveland, Colorado, in the amount of $134,380.00 for generator excitation control equipment 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G18
#2002-138 - Approving Bid Award for Wildwood Railroad
Crossing Replacement - Platte Generating Station
The Platte Generating Station (PGS) is located on Wildwood Drive, two miles south of the
City. A spur track serves the PGS site for rail deliveries of coal and heavy equipment. The
spur crosses Wildwood Drive approximately ½ mile west of the plant site. The crossing is in
need of repair. Also, since the county raised and paved Wildwood several years ago, the
crossing needs to be raised to match the road grade. This project includes replacing the
crossing on Wildwood Drive, replacing the crossing for the farm access road to the south of
Wildwood Drive, installing new ties under both crossings, grading and replacing the asphalt
for the approaches to both crossings, raising and stabilizing the track and correcting the
track gage. Specifications were developed for replacing the crossing and were issued in
accordance with City purchasing procedures.
Specifications for the railroad crossing replacement were issued for bid and responses were
received from the following bidders. The bid prices below include sales tax. The engineer’s
estimate for this project was $120,000.
Bidder Bid price
Railworks Track Systems, Inc. from Grand Island, NE $ 40,821.90
Judds Bros. Construction Co. from Lincoln, NE $ 47,475.00
R & S Track Maintenance, Inc. from Columbus, NE $ 56,753.00
Department engineering staff reviewed the bids for compliance with the City’s detailed
specifications. It is the recommendation of the Utilities Department that Railworks Track
Systems, Inc., of Grand Island, be awarded the contract for this work in the amount of
$40,821.90, with expenditure from Enterprise Fund 520.
See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: April 25, 2002 at 11:00 a.m.
FOR: Wildwood Drive RR Crossing Replacement
DEPARTMENT: Utilities - PGS
ENGINEER’S ESTIMATE: $120,000.00
FUND/ACCOUNT: E520
PUBLICATION DATE: March 22, 2002
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Railworks Track Systems, Inc. Judds Bros. Construction, Co.
Grand Island, NE Lincoln, NE
Bid Security: $2,041.10 Travelers Casualty and Surety
Company of America
Bid Price: $40,821.90 $47,475.00
Bidder: R & S Track Maintenance, Inc.
Columbus, NE
Bid Security: $2,837.65
Bid Price: $56,753.00
cc: Gary Mader, Utilities Director
Tim Luchsinger, PGS
RaNae Edwards, City Clerk
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
Bid specs given to Shelly at PGS
P-711
Approved as to Form ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-138
WHEREAS, the City of Grand Island invited sealed bids for Wildwood Drive Railroad
Crossing Replacement, according to plans and specifications on file at the Platte Generating Station; and
WHEREAS, on April 25, 2002, bids were received, opened and reviewed; and
WHEREAS, Railworks Track Systems, Inc. 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 $40,821.90; and
WHEREAS, Railworks Track Systems, Inc.'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 Railworks Track Systems, Inc. of Grand
Island, Nebraska, in the amount of $40,821.90 for the Wildwood Drive railroad crossing replacement 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G19
#2002-139 - Approval to Proceed with Engineering Services for
Corrosion Control System Implementation - CH2M Hill
The Environmental Protection Agency (EPA) copper rule has a long history.
1991 EPA Lead and Copper Rule promulgated.
1992 City water tested at the customer’s tap in accordance with EPA protocol.
1992 Test results show lead levels well within compliance. Copper is above action level.
1994 CH2M Hill is selected from RFP responses to proceed with EPA required Optimum
Corrosion Control Treatment (OCCT) Study.
1994 Nebraska Health and Human Services (NHSS) commissioned studies of copper health
affects by the Center for Disease Control (CDC).
1995 CDC Study in Delaware concluded “those people drinking the highest level of copper
identified in Delaware are not suffering adverse acute effect from this exposure;” and in
Nebraska“…no relationship between copper concentration in drinking water and
gastrointestinal illness.”
1995 Based on CDC study results, the OCCT study by CH2M Hill is put on hold.
1995 – 1997 A series of meetings questioning the basic science of EPA’s action level
involving
Nebraska Health and Human Services (NHHS), League of Nebraska Municipalities,
cities, Senator Kerrey, Senator Hagel, Representative Barrett, and the EPA
1998 EPA directs NHHS to prosecute compliance with EPA Lead & Copper Rule as
published in 1991.
March 1998 NHHS issues Administrative Order (AO) to over 60 Nebraska water systems.
1998 Congressmen are successful in procuring federal legislation to commission a study of
copper by the National Academy of Science (NAS).
Dec. 1998 HHS issues a two-year extension to the Administrative Order, citing the NAS
Study.
Tuesday, May 21, 2002
Council Session
City of Grand Island
City of Grand Island City Council
1999 Grand Island begins publishing quarterly public notices of violation of the Copper
Rule in accordance with the AO.
2000 NAS study concludes that “Additional information on total copper doses received from
drinking water is needed before systemic chronic toxicity can be evaluated…” but “the
committee recommends that the MCLG (Maximum Contaminate Level Goal) for copper not
be increased at this time.”
2000 Nebraska Attorney General challenges EPA authority to set regulatory standards.
2001 Federal appeals court upholds dismissal of the lawsuit by Nebraska.
2001 NHHS ordered by EPA to resume pursuit of AOs issued in 1998.
2001 NHHS directs submittal of OCCT study by December 31, 2001. CH2M Hill is
authorized to proceed with completion of the study originally begun in 1994. That study is
submitted to NHHS prior to deadline.
2002 April, NHHS formally approves Grand Island’s OCCT Study. NHSS order requires
installation of OCCT systems by April of 2003.
There are currently 82 water systems in Nebraska with copper levels above the EPA action
level.
In accordance with the RFP from which CH2M Hill was selected from the Water System
Engineering work, that firm has provided a price of $63,288 for the engineering services for
this project. Utilities Department Staff has reviewed the engineer’s proposal.
The CH2M Hill proposal includes engineering services for project management, engineering,
design, plan and specification preparation, development of a pilot study plan, and technical
assistance during the implementation of the OCCT systems.
It is the recommendation of the Utilities Department that CH2M Hill be authorized to
proceed with the engineering required to implement the required OCCT program. The
attached Proposed Scope of Services report from CH2M Hill defines the cost of engineering
not to exceed $63,288 from Enterprise Fund 525. There are sufficient funds available.
See attached RESOLUTION.
Staff Contact: Gary R. Mader
City of Grand Island City Council
Proposed Scope of Services and Fee Estimate for the
City of Grand Island Corrosion Control Program.
Project Understanding
In response to the Nebraska Health and Human Services (NHHS) Department’s Amended
Copper Administrative Order dated December 31, 1998, a report entitled City of Grand Island
Corrosion Control Study was prepared on behalf of the City of Grand Island (the CITY) by
CH2M HILL (the CONSULTANT). The purpose of the study was to identify and evaluate
corrosion control alternatives and recommend the optimal corrosion control strategy for
implementation by the CITY. The analyses presented were based on documented analogous
treatment with other systems of similar size, water chemistry, and distribution system
configuration. Recommendations in the report favored the use of SeaQuest for corrosion
control, but also left open the possibility that phosphoric acid be used as a corrosion control
option. The report was submitted to NHHS in December, 2001 with report
recommendations approved by NHHS in April 2002.
The Scope of Services presented herein outlines proposed activities associated with the
preparation of detailed plans and specifications for the corrosion control treatment system,
as well as to provide assistance in conducting, and analyzing data collected during the
Corrosion Control Pilot Study. Nebraska law requires NHHS approval of plans and
specifications, prepared by a registered Professional Engineer in Nebraska, prior to
implementation. Additionally, ongoing technical assistance will be necessary to ensure that
the Pilot Study is conducted consistently with City of Grand Island Corrosion Control Study, as
approved by the NHHS. Data collected during the pilot study must be carefully analyzed to
objectively determine the success of SeaQuest in reducing copper concentrations, as well as
monitoring changes to other water quality parameters, such as pH and manganese.
The following specific tasks shall be performed by the ENGINEER.
Task 1 – Project Management
1.1 CONSULTANT shall provide routine project management services including, but
not limited to, budget and schedule tracking, project team coordination, progress
updates for the CITY, and preparation of invoices.
Task 2 – Prepare Plans and Specifications
2.1 CONSULTANT shall prepare contract documents consisting of plans and
specifications for the implementation of the corrosion control system including, but
not limited to, proposed metering pumps, chemical storage facilities, and other
miscellaneous mechanical modifications to the distribution system that will be
required prior to beginning the Pilot Study. These final plans and specifications shall
be consistent with the corrosion control methodology approved by NHHS.
2.2 CONSULTANT shall submit five (5) copies of DRAFT plans and specifications at the
90 percent Design Stage to the CITY for review. CONSULTANT shall incorporate
CITY comments into the final contract documents.
2.3 CONSULTANT shall submit twelve (12) copies of FINAL plans and specifications to
the CITY.
Task 3 – Corrosion Control Pilot Study Implementation Plan
3.1 CONSULTANT shall develop specific operational and sampling methodologies for
the pilot study, in concert with the chemical supplier (Aqua Smart, Inc.), to include:
3.1.1 Develop operational procedures for running the pilot study, including
metering pump settings, logistical issues, etc.
3.1.2 Identify sampling locations throughout the distribution system that will best
demonstrate the effectiveness of the pilot study.
3.1.3 Develop sampling protocol outlining a sample schedule, number of samples
to be collected, and a list of parameters for laboratory analysis
3.2 CONSULTANT shall summarize Corrosion Control Program Operational
Methodology and Sampling Protocol in a brief Technical Memorandum (TM). It is
assumed that fifteen (15) copies will provided to the CITY.
Task 4 – Technical Assistance During Pilot Study
4.1 CONSULTANT shall conduct a field visit to all chemical injection sites to be
included in the pilot study to verify all instrumentation and connections have been
installed as recommended. CONSULTANT will accompany CITY personnel during
initial sampling to insure proper protocols are followed. It is assumed that the site
visit shall be conducted in one business day with one CONSULTANT representative
on site. CITY to provide sampling results to CONSULTANT as collected.
4.2 CONSULTANT will be available for frequent communications with CITY personnel
regarding interim results and procedural questions.
4.3 CONSULTANT shall review intermediate data collected during the pilot study and
coordinate with Aqua Smart, Inc. to 1) ensure that the chemical additions are being
added in sufficient quantities to control corrosion, or 2) prevent any unforeseen
water quality problems from developing that are a direct result of the pilot study. It
is assumed that the CONSULTANT shall spend a maximum of 2 labor hours per
month during the pilot testing reviewing intermediate results.
4.4 CONSULTANT shall review final data collected during the pilot study and make a
final recommendation for future corrosion control, to include either:
a) Continuation of the pilot study until more conclusive data is collected, or
b) Future implementation of a corrosion control program based on the positive
results of the pilot study, or
c) Recommendations for an alternative corrosion control treatment method should
the pilot study results be inconclusive.
4.5 At the conclusion of the pilot study, CONSULTANT shall prepare and submit five
(5) copies of a DRAFT report on the pilot study results to the CITY for review.
CONSULTANT shall incorporate CITY comments in FINAL report.
4.6 CONSULTANT shall submit fifteen (15) copies of FINAL report to CITY.
4.7 CONSULTANT shall prepare and deliver a presentation to City Council
summarizing results and recommendations of the corrosion control pilot testing
program.
Fee Estimate
Project ManagerSenior Project EngineerProject EngineerJunior Project EngineerSenior Consultant (Process)Senior TechnicianTechnicianClericalAccounting/OfficeLabor Expenses Total
$139 $109 $ 89 $ 72 $155 $ 89 $ 72 $ 61 $ 61 Task 1 - Project Management
1.1 Routine project management services 48 12 $5,964 $351 $6,315
Task 1 - Subtotal 0 48 0 0 0 0 0 0 12 $5,964 $351 $6,315
Task 2 - Plans and Specifications
2.1 Prepare plans and specifications 4 40 80 4 12 80 32 $21,436 $1,724 $23,160
2.2 Submit DRAFT plans and specifications to City 8 $1,240 $47 $1,287
2.3 Submit FINAL plans and specifications to City 8 16 4 8 20 8 $5,224 $624 $5,848
Task 2 - Subtotal 4 48 96 4 12 20 100 40 0 $27,900 $2,395 $30,295
Task 3 - Corrosion Control Implementation Plan
3.1 Develop operational and sampling methodologies
3.1.1 Developing operational procedures 8 3 $1,337 $64 $1,401
3.1.2 Develop sampling locations 8 3 $1,337 $64 $1,401
3.1.3 Develop list of parameters to be sampled + sampling protocols 8 3 $1,337 $64 $1,401
3.2 Submit operational and sampling methodology memorandum 2 20 3 $2,923 $146 $3,069
Task 3 - Subtotal 2 44 0 0 12 0 0 0 0 $6,934 $339 $7,273
Task 4 - Technical Assistance During Pilot Study
4.1 Field visit to chemical injection facilities + sampling locations 12 $1,308 $1,070 $2,378
4.2 Interim communications 20 $2,180 $117 $2,297
4.3 Review intermediate data 24 4 $3,236 $164 $3,400
4.4 Review of final data 12 $1,308 $70 $1,378
4.5 Submit DRAFT report to City 2 32 2 6 $4,610 $346 $4,956
4.6 Submit FINAL report to City 8 2 $1,050 $159 $1,209
4.7 Presentation to City Council 8 12 $2,420 $1,367 $3,787
Task 4 - Subtotal 10 120 0 0 6 8 0 0 0 $16,112 $3,292 $19,404
Total for Tasks 1 and 2 4 96 96 4 12 20 100 40 12 $33,864 $2,746 $36,610
Total for Tasks 1, 2 and 3 6 140 96 4 24 20 100 40 12 $40,798 $3,086 $43,884
Total for Tasks 1, 2, and 4 14 216 96 4 18 28 100 40 12 $49,976 $6,039 $56,015
Total for Tasks 1, 2, 3 and 4 16 260 96 4 30 28 100 40 12 $56,910 $6,378 $63,288
Task Description
Approved as to Form ?
_______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-139
WHEREAS, in 1991, the Environmental Protection Agency promulgated rules pertaining to
the acceptable level of lead and copper in the public drinking water; and
WHEREAS, the copper levels tested at customer taps in various areas of the City have
levels higher than the acceptable rate; and
WHEREAS, in April of 2002, the Nebraska Health and Human Services ordered the City
of Grand Island to install Optimum Corrision Control Treatment (OCCT) systems by April of 2003 to
comply with such regulations; and
WHEREAS, on April 10, 2000, by Resolution 2000-110, the City Council for the City of
Grand Island awarded the proposal submitted by CH2M Hill of Englewood, Colorado for municipal water
system engineering services for the Utilities Department; and
WHEREAS, due to CH2M Hill's experience and history working with the City's water
system, it is recommended that CH2M Hill be authorized to proceed with the engineering required to
develop specifications and provide engineering services for the installation of the OCCT systems.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that CH2M Hill is hereby authorized to proceed with
the engineering required to develop specifications and provide engineering services for the installation of the
OCCT systems in an amount not to exceed $63,288.
BE IT FURTHER RESOLVED, that an agreement between the City and CH2M Hill 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G20
#2002-140 - Approving Final Plat and Subdivision Agreement for
Country Meadows Subdivision
Raymond O'Connor, owner, has submitted the final plat for Country Meadows Subdivision,
located North of Old Potash Hwy, and East of Shoemaker Elementary School. This plat
proposes to develop 39 lots on a currently unplatted parcel of land. This plat has been
reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning
Commission, at their meeting of May 1, 2002, with 7 members voting in favor and 1 member
abstaining voted to recommend approval. Approval is recommended. See attached
RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: chad nabity
City of Grand Island City Council
Approved as to Form ? _______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-140
WHEREAS, The Meadows Apartment Homes, L.L.C., a Nebraska limited liability
company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the Southwest
Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Fourteen (14), Township Eleven (11) North,
Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name
of COUNTRY MEADOWS SUBDIVISION, and has caused a plat thereof to be acknowledged by it;
and
WHEREAS, such subdivision was approved by the Regional Planning Commission on May
1, 2002; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Board of
Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19-
923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner and
the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of COUNTRY MEADOWS
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G21
#2002-141 - Approving Bid Award for Asbestos Removal at Old
City Hall
The Building Department has submitted a request for award of a bid for removal of asbestos
containing material and interior demolition at the old City Hall building in the amount of
$96,487.00. Three bids were received ranging in the amount from $87,900.00 to $149,000.00.
The lowest bid was received from Great Plains Asbestos Control Inc. which was withdrawn
from consideration leaving the bid from Environmental Direct as the lowest responsible bid.
There are sufficient funds in the budget for this project and it is recommended that the bid be
awarded to Environmental direct in the amount of $96,489.00. See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: April 15, 2002 at 2:00 p.m.
FOR: Asbestos Removal – Old City Hall
DEPARTMENT: Building Department
ENGINEER’S ESTIMATE: $400,000.00
FUND/ACCOUNT:
PUBLICATION DATE: March 14, 2002
NO. POTENTIAL BIDDERS:
SUMMARY
Bidder: Great Plains Asbestos Control Environmental Direct
Kearney, NE Grand Island, NE
Bid Security: American Guarantee & Liability American Guarantee & Liability
Exceptions: None None
Bid Price: $87,900.00 None
Alt. #1 $87,900.00 Alt. #1 None
Alt. #2 $81,300.00 Alt. #2 $96,487.00
Bidder: Enviro Safe Air, Inc.
Omaha, NE
Bid Security: Great American Insurance Co.
Exceptions: None
Bid Price: $149,000.00
Alt. #1 $149,000.00
Alt. #2 $149,000.00
cc: Craig Lewis, Building Dept. Director
RaNae Edwards, City Clerk
Mary Kaye Usrey, Finance Secretary
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P0702
Approved as to Form ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-141
WHEREAS, the City of Grand Island invited sealed bids for Asbestos Removal and
Demolition at the former city hall building at 208 North Pine Street, according to plans and specifications on
file with the Purchasing Division of the Legal Department; and
WHEREAS, on April 15, 2002, bids were received, opened and reviewed; and
WHEREAS, Environmental Direct 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 $96,487.00; and
WHEREAS, Environmental Direct'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 Environmental Direct of Grand Island,
Nebraska, in the amount of $96,487.00 for the removal of asbestos containing material and interior
demolition at the former City Hall building at 208 North Pine Street 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G22
#2002-142 - Approving Bid Award for Sanitary Sewer District 503,
Gosda Subdivision
The Engineering Division of the Public Works Department advertised for bids for Sanitary
Sewer District No. 503, Edna Drive on April 19, 2002. The Public Works Department,
Engineering Division and the Purchasing Division of the City Attorney’s Office reviewed all
bids received on May 7, 2002. All bids received met specifications. The bids received were
less than the engineer’s estimate of $65,970.00. A summary of the bids is attached..
The Public Works Department recommends awarding the contract to The Diamond
Engineering Company of Grand Island, Nebraska. There are sufficient funds in Account
No. 53030055-85213. The costs for this project will be assessed to the benefiting properties.
See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 7, 2002 at 11:00 a.m.
FOR: Sanitary Sewer District No. 503
DEPARTMENT: Public Works - WWTP
ENGINEER’S ESTIMATE: $65,970.00
FUND/ACCOUNT: 53030055-85213
PUBLICATION DATE: April 19, 2002
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: The Diamond Engineering Company, Inc. Starostka Group Co.
Grand Island, NE Grand Island, NE
Bid Security: Travelers Casualty and Surety Company Merchants Bonding Company
of America
Exceptions: None None
Bid Price: $39,212.90 $48,926.68
cc: Steve Riehle, Public Works Director
Ben Thayer, WWTP
RaNae Edwards, City Clerk
Mary Kaye Usrey, Finance Secretary
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
Bid specs given to Ben Thayer
P-716
Approved as to Form ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-142
WHEREAS, the City of Grand Island invited sealed bids for the construction of Sanitary
Sewer District No. 503, according to plans and specifications on file with the City Engineer; and
WHEREAS, on May 7, 2002, bids were received, opened and reviewed; and
WHEREAS, The Diamond Engineering Company, Inc. 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 $39,212.90; and
WHEREAS, The Diamond Engineering Company, Inc.'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 The Diamond Engineering Company,
Inc. of Grand Island, Nebraska, in the amount of $39,212.90 for the construction of Sanitary Sewer District
No. 503 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G23
#2002-143 - Approving Certificate of Final Completion for Street
Improvement District 1238, Tech Drive and Setting Board of
Equalization Date.
Street Improvement District 1238, Tech Drive was awarded to The Diamond Engineering
Company of Grand Island on June 12, 2001. Work commenced in Summer 2001 and was
completed in Spring 2002. The project was completed at a construction price of
$328,808.86. Total cost of the project, including Engineering Services, is $356,540.13.
There are sufficient funds in Account No. 40033530-90063 and 85% of the costs will be
assessed to the benefiting properties. Central Community College and College Park will
receive credit for the existing paving. The Public Works Department recommends acceptance
of the Certificate of Final Completion and scheduling of the Board of Equalization for June
25, 2002. See attached RESOLUTION.
Tuesday, May 21, 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 ?
_______________
May 17, 2002 ? City Attorney
R E S O L U T I O N 2002-143
WHEREAS, the Public Works Director of the City of Grand Island has issued his
Certificate of Final Completion for Street Improvement District 1238, located along Tech Drive, certifying
that The Diamond Engineering Company of Grand Island, Nebraska, under contract dated June 12, 2001,
has completed such project according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the Public Works Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs with the Public Works Director's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Public Works Director's Certificate of Final Completion for Street Improvement District 1238,
is hereby confirmed.
2. The City Council will sit as a Board of Equalization on June 25, 2002 to determine benefits and set
assessments for Street Improvement District 1238.
3. A warrant be issued from Account No. 40033530-90063 in the amount of $13,774.82 payable to
The Diamond Engineering Company for the total amount due the contractor.
4. The costs of engineering and publication be credited to Account No. 100.130.04516 from Account
No. 40033530-90063 in the amount of $4,364.27.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G24
#2002-144 - Approving Certificate of Final Completion for Island
Landscape Project No. 1, 2001
Island Landscaping Project No. 1-2001, located at Charles and Locust/Walnut Streets, was
awarded to Partridge Construction, Inc. on September 25, 2001. Work commenced in
September 2001 and was completed in April 2002. This project was completed on schedule
and at a construction price of $30,802.97. Total cost for the project, including Engineering
Services, is $33,883.27. There are sufficient funds available in Account No.40033535-90076
and Account No. 40033530-90052 to finalize payment on this contract. The Public Works
Department recommends acceptance of the Certificate of Final Completion and the issuing
of the final payment to the contractor. See attached RESOLUTION.
Tuesday, May 21, 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 ¤
_______________
May 16, 2002 ¤ City Attorney
R E S O L U T I O N 2002-144
WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate
of Final Completion for Island Landscaping Project No. 1-2001, certifying that Partridge Construction Inc.
of Grand Island, Nebraska, under contract dated September 25, 2001, has completed such project
according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the Public Works Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs with the Public Works Director's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Engineer's Certificate of Final Completion for Island Landscape Project No. 1 - 2001, is
hereby confirmed.
2. A warrant be issued from Account No. 40033530-90052 in the amount of $1,601.90 and from
Account No. 40033535-90076 in the amount of $3,606.20 for a total amount of $5,208.10
payable to Partridge Constructions, Inc. for the total amount due the contractor.
3. The costs of engineering and publication be credited to Account No. 100.130.04516 from Account
No. 40033530-90052 in the amount of $3,080.30.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G25
#2002-145 - Approving Bid Award for Shoemaker Hike/Bike Trail
The Parks and Recreation Department, has submitted a request for awarding a bid for the
Shoemaker Hike/Bike Trail. Three bids were received ranging from $274,491.00 to
$298,628.52. After the bid opening another bid was submitted and deemed late. The low bid
was submitted by Galvan Construction of Grand Island in the amount of $274,491.00. There
are sufficient funds for this purchase in account number 4004445090031. The engineers
estimate was $323,237.25. It is recommended that the bid be awarded to Galvan Construction
of Grand Island in the amount of $274,491.00. See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: May 17, 2002
FOR: Shoemaker Trail Project No. STPB-40(49) C.N. 42178
DEPARTMENT: Parks and Recreation
ENGINEER’S ESTIMATE: $323,237.25
FUND/ACCOUNT: 4004445090031
PUBLICATION DATE: April 27, 2002
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Starostka Group Co. Blessing L.L.C. Galvan Construction, Inc.
Grand Island, NE Kearney, NE Grand Island, NE
Bid Security: Merchants Bonding Co. Universal Surety Co. AMCO Insurance Co.
Exceptions: None None None
Bid Price: $298,628.52 $284,266.15 $274,491.00
Alternate Bid A $282,069.52 $260,855.15 $256,219.00
** Another bid was received late after the bid opening and was rejected.
cc: Steve Paustian, Parks and Recreation Director
RaNae Edwards, City Clerk
Mary Kaye Usrey, Finance Secretary
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
Bid specs given to Steve Paustian and Olsson Associates
P-720
Approved as to Form ¤
_______________
May 17, 2002 ¤ City Attorney
R E S O L U T I O N 2002-145
WHEREAS, the City of Grand Island invited sealed bids for the construction of Shoemaker
Trail, Project No. STPB-40(49) C.N. 42178, according to plans and specifications on file with the
Purchasing Division of the Legal Department; and
WHEREAS, on May 17, 2002, bids were received, opened and reviewed; and
WHEREAS, Galvan Construction 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 $274,491.00; and
WHEREAS, Galvan Construction'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 Galvan Construction of Grand Island,
Nebraska, in the amount of $274,491.00 for the construction of Shoemaker Trail, Project No. STPB-
40(49) C.N. 42178 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G26
#2002-146 - Approving Certificate of Final Completion for Ball
Field Lighting at George Park
The Parks and Recreation Department has recommended that the Certificate of Final
Completion be issued for Ball Field Lighting at George Park. The contract was awarded to
Ensley Electrical Services on January 8, 2002. The work commenced in early February and
was completed in early May. The performance of the contract was supervised by the Parks
and Recreation Department and a Certificate of Final Completion has been issued by the
Parks and Recreation Director subject to City Council approval. Approval is recommended.
See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: steve paustian
City of Grand Island City Council
Approved as to Form ? ______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-146
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for Ball Field Lighting at George Park certifying that Ensley Electrical
Services of Grand Island, Nebraska, under contract dated January 8, 2002, has completed such project
according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for Ball Field Lighting at
George Park is hereby confirmed.
2. That a warrant be issued from Account No. 40044450-90024 in the amount of $16,180.00
payable to Ensley Electrical Services for the final amount due the contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G27
#2002-147 - Approving Certificate of Final Completion for Filter
Face Piping Repairs at Island Oasis Water Park
The Parks and Recreation Department has recommended that the Certificate of Final
Completion be issued for Filter Face Piping Repairs at Island Oasis Water Park. The
contract was awarded to Neuman Pools, of Beaver Dam, Wisconsin on April 15, 2002 and
was completed in early May of 2002. The performance of the contract was overseen by the
Parks and Recreation Department and a Certificate of Final Completion has been issued by
the Parks and Recreation Director subject to Council approval. Approval is recommended.
See attached RESOLUTION.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: stevep
City of Grand Island City Council
Approved as to Form ? ______________
May 16, 2002 ? City Attorney
R E S O L U T I O N 2002-147
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for Filter Face Piping Repairs at Island Oasis Water Park, certifying that
Neuman Pools of Beaver Dam, Wisconsin, under contract dated April 15, 2002, has completed such
project according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for filter face piping
repairs at Island Oasis Water Park is hereby confirmed.
2. That a warrant be issued from Account No. 10044525-85324 in the amount of $12,300.00
payable to Neuman Pools for the final amount due the contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G28
#2002-148 - Approving Public Sidewalk Plans in the Vicinity of
Seedling Mile, Stolley Park, and Engelman Elementary Schools.
At the May 14, 2002 Council Study Session, the Sidewalk Committee submitted a plan for
construction of sidewalks in the vicinity of Seedling Mile, Stolley Park and Engleman
Schools. The proposal, timeline and Resolution are attached.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Director
City of Grand Island City Council
Proposed Sidewalks Near Stolley Park,
Seedling Mile and Engleman Schools
May 21, 2002
Proposed sidewalks located near Seedling Mile, Stolley Park and Engleman Elementary Schools
were reviewed at the May 14, 2002 Council Study Session. The recommended locations were
selected to accommodate pedestrian traffic to the schools.
These areas do not have sidewalks because they were developed as asphalt roadways without
curb and gutter. Many of the locations have ditches or shallow swales (depressions) to
accommodate rainwater. Construction of sidewalks in some of these areas will be
straightforward because the ditches are shallow or have been filled in. Other locations will be
problematic because of the ditches.
The Council expressed their desire to have sidewalks installed before school starts in the fall of
2002. The following schedule is recommended for sidewalk installation:
May 21, 2002
Council directs staff to request property owners install sidewalks before August 21, 2002 at the
following locations:
1. Seedling Mile School
a. On the North side of Seedling Mile Road from Voss Road to Shady Bend Road.
b. On the South side of Seedling Mile Road from Villa Mar Dee Avenue to Main Street.
2. Stolley Park School
a. On both sides of William Street from Grand Avenue to Stolley Park Road.
b. On the North side of Grand Avenue east from Riverview Drive to the existing
sidewalk east of August Street.
c. On both sides of Riverview Drive south of Grand Avenue.
3. Engleman School
a. On both sides of Gateway Avenue from Sherwood Road to Capital Avenue.
b. On the West side of Marian Road from the School north to Blauvelt Road.
c. On the South side of Blauvelt Road from Marian Road to Northwest Avenue.
d. On the East side of Northwest Avenue from Capital Avenue to Texas Avenue.
e. On the West side of Northwest Avenue from Capital Avenue to Saddle Horse Court.
August 29, 2002
Council creates a Sidewalk District for properties that have not installed sidewalks.
Proposed Installation of Sidewalks
City Council
Page 2.
The remaining locations where sidewalks were discussed have ditch and drainage concerns that
will make installation of sidewalks difficult. These areas are at the furthest ends of the sidewalk
areas where the numbers of school children using the sidewalk will be less. Installation of
sidewalks in these areas will require re-grading of the ditch. The ditch or the sidewalk may have
to be constructed within an easement on private property.
Councilmember Larson suggested that sidewalks be considered on Pioneer Boulevard South of
Stolley Park Road and on August Street between Rosemont Avenue and Grand Avenue. Staff
recommends that these areas be studied and included in the next phase of sidewalks to be
constructed.
If Council would like to pursue installation of sidewalks in the areas with ditch and drainage
concerns, staff will begin design work. Two possibilities exist for a typical section:
1. Ditch within existing Right of Way with a sidewalk on an Easement or purchased Right
of Way.
2. A sidewalk within existing Right of Way with a ditch located within an Easement or
purchased Right of Way.
Approved as to Form ¨ _______________
May 17, 2002 ¨ City Attorney
R E S O L U T I O N 2002-148
WHEREAS, Section 32-58 of the Grand Island City Code authorizes the City Council to
give notice to property owners to construct sidewalks contiguous to the street side boundary lines of any lot,
tract or parcel of land within the city; and
WHEREAS, it is recommended that the City contact the property owners of the following
properties near Stolley Park School, Seedling Mile School and Engleman Elementary School, giving them
notice to construct such sidewalk according to the provisions set out in Section 32-58 of the Grand Island
City Code:
· Both sides of the street along William Street, from Grand Avenue to Stolley Park Road;
· North side of Grand Avenue east from Riverview Drive to the existing sidewalk east of August
Street;
· Both sides of the street along Riverview Drive, south of Grand Avenue;
· North side of Seedling Mile Road from Voss Road to Shady Bend;
· South side of Seedling Mile Road from Villa Mar Dee Avenue to Main Street;
· Both sides of the street along Gateway Avenue from Sherwood Road to Capital Avenue;
· West side of Marian Road from Engleman Elementary School north to Blauvelt Road;
· South side of Blauvelt Road from Marian Road to Northwest Avenue;
· East side of Northwest Avenue from Capital Avenue to Texas Avenue;
· West side of Northwest Avenue from Capital Avenue to Saddle Horse Court
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 give the property owners of the above-listed property, notice to install sidewalks in the areas
identified above.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G29
#2002-149 - Approving Partial Waiver of Water and Sewer
Connection Fee
In the course of development of the Wood River Warm Slough\Flood Diversion Project, the
US Army Corps of Engineers obtained an easement across the extreme southeast corner of
Block Three, Ponderosa Lake Estates Third Subdivision, an outlot located at the intersection
of US Highway 281 and Schimmer Drive. Although Block Three is not likely to be ever
developed, the City levied connection fees (tap fees) against this lot for Water Connection
District No. 416T and Sewer Connection District No. 476T in 1995. The Corps of Engineers
has requested that the City release the tap fees as to the 0.17 acre tract, subject to the above
referenced easement, a common practice and requirement in connection with federal
projects. The City Attorney’s Office has drafted and received approval for a waiver of these
connection fees as the 0.17 acre tract and a reallocation of the fees to the remaining portion
of Block Three. We recommend approval of the resolution approving the Waiver and
Reallocation of Connection Fees as drafted.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Approved as to Form ? _______________
May 17, 2002 ? City Attorney
R E S O L U T I O N 2002-149
WHEREAS, the U.S. Army Corps. Of Engineers obtained an easement for the Wood
River Warm Slough/Flood Diversion project across a tract of land comprising 0.17 acres more or less in
Block 3, Ponderosa Lake Estates Third Subdivision, Grand Island, Hall County, Nebraska; and
WHEREAS, the City of Grand Island has previously levied connection fees for Water
Connection District No. 416T and Sewer Connection District No. 476T on said Block 3; and
WHEREAS, the U.S. Army Corps. Of Engineers has requested that the City waive the
aforementioned connection fees as to said 0.17 acre tract, and has no objection to reallocation of the
connection fees to the remainder of Block 3; and
WHEREAS, said waiver and reallocation of said connection fees is in furtherance of
development of the Wood River Warm Slough/Flood Diversion project and in the best interests of the City
of Grand Island; and
WHEREAS, the City Attorney's office has drafted and received approval for the proposed
Waiver and Reallocation of Connection Fee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Waiver and Reallocation of Connection Fee for
Water Connection District No. 416T and Sewer Connection District No. 476T with respect to a tract of
land containing 0.17 acres, more or less in Block 3, Ponderosa Lake Estates Third Subdivision, Grand
Island, Hall County, Nebraska is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such document on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item G30
#2002-150 - Approving Construction Engineering Services with
Olsson Associates for Shoemaker Trail Project
The Parks and Recreation Department is requesting a contract be awarded for the
construction engineering and construction observation portion of the Shoemaker Hike/Bike
Trail project. A contact in an amount not to exceed $29,750.00 is before you for your
approval. The contract was created and approved by the State of Nebraska Department of
Roads for this project. Approval is recommended. See attached RESOLUTION
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Approved as to Form ?
_______________
May 17, 2002 ? City Attorney
R E S O L U T I O N 2002-150
WHEREAS, on August 14, 2001, by Resolution 2001-210, the City Council for the City of
Grand Island awarded the proposal submitted by Olsson Associates of Grand Island, Nebraska for
engineering services relating to the construction of a hike/bike trail; and
WHEREAS, due to Olsson Associates' experience and history working with the City's
hike/bike trails, it is recommended that Olsson Associates be authorized to proceed with the engineering
required to develop specifications and provide engineering services for the construction of the bicycle and
pedestrian trail known as the Shoemaker Trail.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Olsson Associates of Grand Island, Nebraska, is
hereby authorized to proceed with the engineering services required to construct a ten foot wide concrete
bicycle and pedestrian trail, known as the Shoemaker Trail, for an amount not to exceed $29,750.00.
BE IT FURTHER RESOLVED, that an agreement between the City and Olsson
Associates 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 May 21, 2002.
_____________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Revocation of Conditional Use Permit for
Automobile Wrecking Yard, Oakleaf Auto Crushing, 1803-1911
Eldorado Street
Previously the Mayor and City Council have received copies of a letter dated May 1, 2002,
advising Craig Oakleaf, d/b/a Oakleaf Auto Crushing, of the intent of the City Attorney’s
Office, Code Compliance Officer and Building Department to conduct a public hearing to
consider revocation of the conditional use permit for the automobile wrecking yard operated
at 1803-1911 Eldorado Street, Grand Island, Hall County, Nebraska. This business has been
in operation for more than two decades, accompanied by virtually continual enforcement
action going back to at least October 13, 1981, at which time Oakleaf Auto Crushing was sent
a letter by then Assistant City Attorney William Shreffler, advising the manager of
complaints regarding junked vehicles and junked vehicle parts being stored outside the fence
in the public right-of-way and that the fence did not meet the requirements set forth in the
Grand Island City Code requiring that it be at least eight feet in height and site obscuring in
nature. Additional correspondence was sent periodically to this business over the years and
virtually innumerable personal conversations have been conducted between city staff and
manager Craig Oakleaf.
The results of the conversations have been periodic minimal improvements related solely to
removing junked vehicles, vehicle parts and salvage materials from Eldorado Street but there
has never been any significant progress toward lowering the height of the stacks of material
which reach above the fence and the business has continued to use Lot 18, Frank P. Bark’s
Subdivision No. 2 adjacent to the west side of the yard in violation of the Grand Island
Zoning Code. Because the adjacent property is zoned R4, it cannot be used as a salvage yard
or for any of the uses to which Oakleaf Auto Crushing has been utilizing the property for a
number of years.
We have received repeated promises during the course of our many visits with Mr. Oakleaf
that corrections and improvements will occurs but as mentioned earlier, other than removing
temporarily junk from Eldorado Street temporarily, nothing has changed. In fact, when the
May 1 letter was sent the entire operation was in worse condition and greater violation of the
City Code than has ever been the case previously. We are recommending that the conditional
use permit be revoked so that the City can proceed to bring the operation to closure. As an
alternative, the Grand Island City Council may revoke the existing conditional use permit
and reissue a new permit with additional conditions and periodic review opportunities.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: Charlie Cuypers
City of Grand Island City Council
Item H2
Request of Leroy & Arlene Kramer for Extension of Non-
Conforming Use at 3405 N. U.S.Hwy. 281
This is a request of Leroy and Arlene Kramer of Kramer's Auto Parts & Iron Co. Inc. for
approval of an extension of a non-conforming use at 3405 North U.S. Highway 281. The
request is to allow for the construction of a 50'x50' building addition to accommodate a
bailer for the processing of metals. Council approval is required as the property is currently
zoned T-A Transitional Agriculture and that zoning classification does not allow for the
present use. The use was in existence prior to zoning restriction creating a legal non-
conforming use. Any expansions, extensions, or additions to the legal non-conforming use
must by section 36-86 of the City code be approved by the City council. This request for a
building addition does not appear to create any negative impact upon the neighboring
properties and approval appears reasonable.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item J1
Payment of Claims for the Period of May 8, 2002 through May 21,
2002
The Claims for the period of May 8, 2002 through May 21, 2002 for a total amount of
$2,463,524.21. A MOTION is in order.
Tuesday, May 21, 2002
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council