04-27-2004 City Council Regular Meeting PacketCity of Grand Island
Tuesday, April 27, 2004
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
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 - Father Tom Ryan, St. Mary's Cathedral Catholic
Church, 204 South Cedar Street
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
City of Grand Island City Council
Item C1
Proclamation "Tourism Month" May, 2004
Whereas, travel and tourism is extremely important to the community of Grand Island in
terms of revenues generated, and because the travel and tourism industry contributes to the
employment, economic prosperity, international trade, and relations and peace,
understanding, and goodwill, Mayor Vavricek, in conjunction with the Hall County
Convention and Visitors Bureau, has proclaimed the month of May as "Tourism Month".
See attached PROCLAMATION.
Tuesday, April 27, 2004
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 tourism industry is extremely important to the State of
Nebraska and to the community of Grand Island, as an
economic development catalyst, by contributing to local
employment, economic prosperity, local pride and trade; and
WHEREAS, we all benefit from the effects of tourism. Tourism promotes
intercultural understanding and appreciation of geography,
history and people of Nebraska. With a strong economy,
personal incomes and leisure, will increase more rapidly; and
WHEREAS, tourism can be expected to play an even greater role in the lives
of all Nebraskans.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City Grand Island, Nebraska, do
hereby proclaim, the month of May, 2004 as
“Tourism Month”
in the City of Grand Island, and I urge all citizens to observe
such month with appropriate 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 27th day of April in
the year of our Lord Two Thousand and Four.
________________________________________
Mayor of Grand Island, Nebraska
Attest: ________________________________________
RaNae Edwards, City Clerk
Item C2
Proclamation "Drinking Water Week" May 2-8, 2004
Drinking water is used every day by each and every one of us and it is important to recognize
its importance. Water plays an important role through its contributions to public health,
agriculture, recreation and economic development. Vitally important is the conservation of
our drinking water supply. Mayor Vavricek has proclaimed the week of May 2-8, 2004 as
"Drinking Water Week" and encourages all citizens to recognize its importance. See attached
PROCLAMATION.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary Mader
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, quality drinking water is one of our state’s most important
resources; and
WHEREAS, water plays an important role in the lives of Nebraskans through
its contributions to public health, agriculture, recreation and
economic development; and
WHEREAS, Nebraskans are committed to preserving the quality and purity
of the state’s drinking water supply; and
WHEREAS, conservation of our drinking water supply is vitally important;
and
WHEREAS, Drinking Water Week is observed nationally during the month
of May to recognize the importance of programs that protect and
preserve the purity of our drinking water supply.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska,
do hereby proclaim the week of May 2-8, 2004 as
“DRINKING WATER WEEK”
in the City of Grand Island, and encourage all citizens to take
due note of the observance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this Twenty-Seventh day
of April in the year of our Lord Two Thousand and Four.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item D1
#2004-BE-3 - Consideration of Determining Benefits for Sanitary
Sewer District No. 507, Cannon Road and North Road
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: April 27, 2004
Subject: Board of Equalization Hearing to Determine Benefits and
Ordinance Establishing Assessments for Sanitary Sewer
District No. 507, Cannon Road and North Road
Item #’s: D-1 & F-4
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
The Certificate of Final Completion for Sanitary Sewer District No. 507 was
approved on February 24, 2004 with March 23, 2004 set as the date for Council to
sit as the Board of Equalization. However, it was determined that modifications to
the proposed assessments were necessary; therefore the Board of Equalization
Hearing was rescheduled for April 27, 2004.
Discussion
The contract for Sanitary Sewer District No. 507 was awarded to The Diamond
Engineering Company of Grand Island, Nebraska on April 22, 2003. Work
commenced on September 24, 2003 and was completed on December 22, 2003.
The project was completed on schedule at a construction price of $114,756.80.
Total cost of the project, including contract administration, is $128,487.08. Costs
for the project break down as follows:
Original Bid $ 121,389.95
Change Order No. 1 $ 2,040.00
Underruns ($ 8,673.15)
Sub Total (Construction Price) $ 114,756.80
Additional Costs
Publication, T.V. Inspection, Etc. $ 2,254.60
Engineering and Administration $ 11,475.68
Total Cost $ 128,487.08
The estimated cost at creation of the district was $197,500.00.
Alternatives
1. Approve the recommendation to allow the Board of Equalization to determine
benefits for Sanitary Sewer District No. 507 and pass an ordinance allowing
the City to recover the majority of the District costs and assessing the
benefiting owners.
2. Disapprove or /Deny recommendation to allow the Board of Equalization to
determine benefits for Sanitary Sewer District No. 507.
3. Modify the recommendation to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council, sitting as a Board of Equalization,
determine the benefits and pass an ordinance to levy Special assessments to individual
properties.
Sample Motion
Move to approve the recommendation, allowing the Board of Equalization to determine
benefits for Sanitary Sewer District No. 507 and pass an ordinance to determine benefits.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-BE-3
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
507, after due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$119,953.37; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 507, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Donald E. & Delores A. Kaelin Lot 1, Sussex Place Subdivision 8,824.19
Rhett M. & Christina L. Martin Lot 2, Walters Subdivision 7,008.42
Reis Construction Inc. Lot 1, Walters Subdivision 5,125.40
John T. Beckstead
Kendra M. Corman
Lot 2, Sussex Place Second Subdivision 5,755.22
William M. & Ingrid A. Glassbrenner Lot 1, Sussex Place Second Subdivision 6,398.68
Darwin D. Katzberg
Judith Ann Christensen
Lot 2, Kieselhorst Subdivision 6,677.55
Robert E. & Peggy Coffey Lot 1, Kieselhorst Subdivision 5,484.07
The Diocese of Grand Island Lot 11, Sussex Place Subdivision 8,532.77
Frank J. & Joni L. Brower Lot 1, Hadenfeldt Subdivision 6,019.38
Max A. & Melanie S. Bachman Lot 2, Hadenfeldt Subdivision 6,560.08
Robert H. & Sonja A. Zwiebel Lot 1, Saunders Subdivision 6,022.07
Ray M. & Rae Ann Saunders Lot 2, Saunders Subdivision 6,672.17
James H. & Julie Pedersen Lot 1, Adams Way Subdivision 5,898.15
Gary L. & Brenda F. Schumacher Lot 2, Adams Way Subdivision 6,257.00
David E. & Marsha R. Bartlett Lot 2, Sussex Place Third Subdivision 5,755.58
Christopher L. & Frances Ellen May Lot 1, Sussex Place Third Subdivision 6,398.68
Lance H. & Scherry G. Hermansen Lot 1, Burris Subdivision 6,775.82
Lance H. & Scherry G. Hermansen Lot 2, Burris Subdivision 2,062.36
RESOLUTION 2004-BE-3
- 2 -
Bob R. & Karen L. Nagel Part of SW1/4, NW1/4 of Section 12-11-10; more
particularly described as follows:
Beginning at the north ROW line of State Street and 33
feet east of the west line of SW1/4, N1/4 of Section 12-
11-10; thence north 245 feet; thence east 267 feet;
thence south 245 feet to the north ROW line of State
Street; thence west 267 feet to the point of beginning
7,725.78
TOTAL $119,953.37
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on April 27, 2004.
____________________________________
RaNae Edwards, City Clerk
Item D2
#2004-BE-4 - Consideration of Determining Benefits for 2003
Weed Abatement Program
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: April 27, 2004
Subject: Determination of Benefits–2003 Weed
Abatement Program
Item #’s: D-2 & F-5
Presenter(s): Douglas R. Walker, City Attorney
Background
Article III of Chapter 17 to the Grand Island City Code contains a procedure for abating
nuisances created by properties that have excessive growths of weeds, grasses and other
vegetation. The City Code provides for owners to receive a notice to cut their weeds and
grasses and if the owners do not comply with such notice, then the City is authorized to
proceed to have the work done and bill the property owner. Once the property owner has
been billed, if the owner fails to pay the bill or refuses to do so, the City is authorized by
Section 17-38 of the City Code to levy an assessment on the property for the amount of
the mowing expenses.
Discussion
The City Council is being asked to assess the benefits for the weed abatement program
that took place during the growing season of 2003. There were several properties within
the City of Grand Island which were not mowed after notice had been sent that they were
not in compliance. When the property owners did not respond to the notice, the City
contracted to have the properties mowed and then sent a statement to the property owners
for the cost of the mowing. The determination of benefits and levying of special
assessments on the properties is the next step in the process of collecting on the mowing
expense from those property owners who have not paid their mowing statements.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the determination of benefits and approve levying the assessment
against the property owners who have not paid their mowing bills.
2. Disapprove or /Deny the determination of benefits and levying an assessment
against the property owners who have not paid their mowing bills.
3. Modify the determination of benefits and levying of special assessments to
meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council determine the benefits of mowing done
during 2003 and levy the unpaid benefits as a lien against the properties that were
mowed.
Sample Motion
Approve the determination of benefits. Approve the levying of assessments for unpaid
mowing in 2003 against the properties which benefited from this service.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-BE-4
WHEREAS, pursuant to Sections 16-230 and 16-707, Neb. R.R.S. 1943, as amended,
the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten days prior thereto by
publication in a newspaper having general circulation in the City and by mail to persons whose addresses
were known to her that the City Council would meet as a Board of Equalization to equalize special weed
cutting assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the purpose of
assessing the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation to the
various lots and pieces of ground during the 2003 season, that:
1. The special benefits accruing to the real estate hereinafter described for each cutting is the actual
expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof; and
2. The several lots and pieces of ground hereinafter described are respectively benefited by reason
of such weed elimination as follows:
Name/Address Description Assessment
Jose Torres
200 E. Park Avenue
Norfolk, NE 68701
West 2/3 of Lots 5, 6, and 7, Hann's 3rd Addition 125.00
Lenders Asset Management
7325 S. Pierce Street, Suite 203
Littleton, CO 80128
Lot 6, Block 11, Original Town 125.00
Agnes Wilson
319 E. 10th
Grand Island, NE 68801
Lot 2, Nagorski Subdivision 140.00
Gosna Inc.
1010 E. Bismark
Grand Island, NE 68801
Lot 1, Super Bowl Subdivision 1,169.02
Troy Noziska
6363 N. Gunbarrel Road
Grand Island, NE 68801
Lot 6, Block 30, Packer & Barr's 2nd Subdivision 125.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on April 27, 2004.
_____________________________________
RaNae Edwards, City Clerk
Item D3
#2004-BE-5 - Consideration of Determining Benefits for Water
Main District 441 - Faidley Avenue, Diers to Claude Road -
extended, and lots 9 & 13, Richmond Subdivision
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: April 27, 2004
Subject: Determining Benefits for Water Main District 441 –
Faidley Avenue, Diers to Claude Road Extended and
Lots 9 and 13, Richmond Subdivision.
Item #’s: D-3 & F-6
Presenter(s): Gary R. Mader, Utilities Director
Background
Water Main District 441 was created by Council upon receipt of a request from Larry
Bird, owner of the properties within Crane Valley 6th and 7th Subdivisions. The project
involved the construction of a 10” main in Faidley Avenue, from Diers Avenue to the
west approximately 700’ to the Moore’s Creek Drainway; then extending south, tying
into an existing 10” main at Claude Road extended. The project provides City service to
the Crane Valley 6th and 7th Subdivisions and completes a major loop in the water system
(see attached plat).
In this case, since a single water main serves both developed properties (on the north side
of Faidley) and undeveloped frontage (on the south side of Faidley). The administrative
processes for an assessment district were used for the north properties and the connection
fee processes were used for the south properties (District 442T).
The total cost of construction for Water Main Districts 441 and 442T was $38,023.09.
The City’s share is $9,158.52 due to the layout of the area previously served, and the cost
of over-sizing the main to meet system demands.
Discussion
Water Main District 441 was created to serve the properties on the north side of Faidley
Ave nue, and is an assessment district. This is the Department’s standard method for
installing water mains to developed areas requesting City service. The assessments will
be collected over a five year period, at 7% simple interest on the unpaid balance.
The district’s fees are based on the calculated cost of installing an 8” water main, the
standard size for commercial areas. To arrive at a proportional cost for each property, the
district’s assessable amount was divided by the frontage of the properties adjacent to the
water main. This computes to a $19.333172 per front foot fee.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the assessments for the properties within the boundaries of the
district.
2. Disapprove the assessments.
3. Modify the assessments for the properties within the boundary of District 441,
to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the assessments for Water
Main District 441 as calculated.
Sample Motion
Approve the assessments for Water Main District 441 as calculated.
Water Main District 441 – Ownerships, Parcel Descriptions, And Assessments
Concord Development, LLC
c/o Larry S Bird, Member
1701 Windhoek Drive
Lincoln, NE 68506
Lot 1 Crane Valley 6th Subdivision
$5,367.86
Concord Development, LLC
c/o Larry S Bird, Member
1701 Windhoek Drive
Lincoln, NE 68506
Lot 2 Crane Valley 6th Subdivision
$6,748.24
Concord Development, LLC
c/o Larry S Bird, Member
1701 Windhoek Drive
Lincoln, NE 68506
Part of Lot 1 Crane Valley 7th Subdivision being more particularly described as follows: Beginning at a
southeast corner of Lot One (1) Crane Valley 7th Subdivision in the City of Grand Island, Hall County,
Nebraska, also being the southwest corner of Lot One (1) Crane Valley 6th Subdivision; thence
N89°41’56”W along the northerly right-of-way line of Faidley Avenue, a distance of sixty and one
hundredth (60.01) feet to the southeast corner of Lot Two (2) Crane Valley 6th Subdivision; thence
N00°34’22”W along the easterly line of said Lot Two (2) Crane Valley 6th Subdivision, a distance of two
hundred seven (207.0) feet to the northeast corner of said Lot Two (2) Crane Valley 6th Subdivision;
thence S89°41’46”E to the northwest corner of said Lot One (1) Crane Valley 6th Subdivision; thence
S00°34’22”E along the westerly line of said Lot One (1) Crane Valley 6th Subdivision, a distance of two
hundred seven (207.0) feet to the said Point of Beginning.
$3,472.38
City Of Grand Island – Utilities Department
Substation “B” site
Part of the Southeast Quarter (SE 1/4) Section Thirteen (13), Township Eleven (11) North, Range Ten
(10) West of the 6th P.M., Grand Island, Hall County Nebraska, being more particularly described as
follows: Beginning at the northwest corner of the Northwest Quarter of the Southeast Quarter (NW 1/4,
SE 1/4) Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West; thence southerly along
the westerly line of the Southeast Quarter (SE 1/4) said Section Thirteen (13), on an assumed bearing of
S00°00’00”W, a distance of two hundred fifty (250.0) feet, to a northwest corner of Lot Nine (9) Richmond
Subdivision; thence S89°04’59”E, a distance of One hundred eighty-three and ninety-four hundredths
(183.94) feet to a southeast corner of said Lot Nine (9) Richmond Subdivision; thence N00°01’22”E, a
distance of two hundred fifty and fifteen hundredths (250.15) feet, to a northwest corner of said Lot Nine
(9) Richmond Subdivision, also being a point on the southerly right-of-way line of Faidley Avenue; thence
westerly along the said southerly right -of-way line of Faidley Avenue, a distance of One hundred Eighty-
four (184.0) to the said Point Of Beginning.
$3,557.30
TOTAL =$19,145.78
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-BE-5
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 441,
after due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$19,145.78; and
According to the front foot and cost of installation to provide service to each of
the respective lots, tracts, and real estate within such Water Main District No. 441, such benefits
are the sums set opposite the several descriptions as follows:
Name Description Assessment
Concord Development, LLC Lot 1, Crane Valley 6th Subdivision 5,367.86
Concord Development, LLC Lot 2, Crane Valley 6th Subdivision 6,748.24
Concord Development, LLC Part of Lot One (1), Crane Valley 7th Subdivision, more
particularly described as follows: Beginning at a southeast
corner of Lot (1) Crane Valley 7th Subdivision in the City of
Grand Island, Hall County, Nebraska, also being the
southwest corner of Lot One (1), Crane Valley 6th
Subdivision; thence N89º41'56"W along the northerly right-
of-way line of Faidley Avenue, a distance of sixty and one
hundredth (60.01) feet to the southeast corner of Lot Two
(2) Crane Valley 6th Subdivision; thence N00º34'22"W along
the easterly line of said Lot Two (2) Crane Valley 6th
Subdivision, a distance of two hundred seven (207.0) feet to
the northeast corner of said Lot Two (2) Crane Valley 6th
Subdivision; thence S89º41'46"E to the northwest corner of
said Lot One (1) Crane Valley 6th Subdivision; thence
S00º34'22"E along the westerly line of said Lot One (1)
Crane Valley 6th Subdivision, a distance of two hundred
seven (207.0) feet to the said Point of Beginning
3,472.38
City of Grand Island, Nebraska
(Substation "B")
Part of the Southeast Quarter (SE1/4) of Section 13-11-10,
more particularly described as follows: Beginning at the
northwest corner of the Northwest Quarter of the Southeast
Quarter (NW1/4, SE1/4) of Section Thirteen (13), Township
Eleven (11) North, Range Ten (10) West; thence southerly
along the westerly line of the Southeast Quarter (SE1/4) said
Section Thirteen (13), on an assumed bearing of
S00º00'00"W, a distance of two hundred fifty (250.0) feet, to
a northwest corner of Lot Nine (9) Richmond Subdivision;
thence S89º04'59"E, a distance of one hundred eighty-three
and ninety-four hundredths (183.94) feet to a southeast
corner of said Lot Nine (9) Richmond Subdivision; thence
N00º01'22"E, a distance of two hundred fifty and fifteen
hundredths (250.15) feet, to a northwest corner of said Lot
Nine (9) Richmond Subdivision, also being a point on the
southerly right-of-way line of Faidley Avenue; thence
3,557.30
RESOLUTION 2004-BE-5
- 2 -
westerly along the said southerly right-of-way line of
Faidley Avenue, a distance of one hundred eighty four
(184.0) feet to the said Point of Beginning
TOTAL $19,145.78
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on April 27, 2004.
____________________________________
RaNae Edwards, City Clerk
Item D4
#2004-BE-6 - Consideration of Determining Benefits for Water
Main District 442T - Faidley Avenue, Diers to Claude Road -
extended, and lots 9 and 13, Richmond Subdivision
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: April 27, 2004
Subject: Determining Benefits for Water Main District 442T –
Faidley Avenue, Diers to Claude Road Extended and
Lots 9 and 13, Richmond Subdivision.
Item #’s: D-4 & G-12
Presenter(s): Gary R. Mader, Utilities Director
Background
Water Main District 442T was created by Council upon receipt of a request from Larry
Bird, owner of the properties within Crane Valley 6th and 7th Subdivisions. The project
involved the construction of a 10” main in Faidley Avenue, from Diers Avenue to the
west approximately 700’ to the Moore’s Creek Drainway; then extending south, tying
into an existing 10” main at Claude Road extended. The project provides City service to
the Crane Valley 6th and 7th Subdivisions and completes a major loop in the water system
(see attached plat).
In this case, since a single water main serves both developed properties (on the north side
of Faidley) and undeveloped frontage (on the south side of Faidley). The administrative
processes for an assessment district were used for the north properties and the connection
fee processes were used for the south properties (District 442T).
The total cost of construction for Water Main Districts 441 and 442T was $38,023.09.
The City’s share is $9,158.52 due to the layout of the area previously served, and the cost
of over-sizing the main to meet system demands.
Discussion
The district’s fees are based on the calculated cost of installing an 8” water main, the
standard size for commercial areas. To arrive at a proportional cost for each property, the
district’s assessable amount was divided by the frontage of the properties adjacent to the
water main. This computes to a $19.333172 per front foot fee.
The Connection District, 442T, was created for the two large lots on the south side of
Faidley Avenue. These tracts are not fully developed and have the potential to be re-
subdivided. If the lots are more fully developed in the future, connection fees would be
collected when future facilities were actually connected to the new main to receive City
water service.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the connection fees for the properties within the boundaries of the
district.
2. Disapprove the connection fees.
3. Modify the connection fees for the properties within the boundary of District
442T, to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the connection fees for Water
Main District 442T as calculated.
Sample Motion
Approve the connection fees for Water Main District 442T as calculated.
Water Main District 442T – Ownerships, Parcel Descriptions, And Connections Fees
Grand Island Surgical Center, LLC
PO Box 1407
Grand Island, NE 68802
Part of Lot 9 Richmond Subdivision, being more particularly described as follows:
The easterly Two Hundred Sixty-five and Ninety-nine Hundredths (265.99) feet of the northerly Three
Hundred (300.0) feet of Lot Nine (9) Richmond Subdivision in the City of Grand Island, Hall County, NE.
$5,142.43
CALM, A Nebraska General Partnership
PO Box 9805
Grand Island, NE 68802-9805
Part of Lot 13 Richmond Subdivision, being more particularly described as follows:
The westerly Two Hundred Thirty-six and Seventy-one Hundredths (236.71) feet of the northerly Three
Hundred (300.0) feet of Lot Thirteen (13) Richmond Subdivi sion in the City of Grand Island, Hall County,
NE.
$4,576.36
TOTAL = $9,718.79
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-BE-6
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 442T, after due notice
having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of $9,718.79;
and
Such benefits are equal and uniform; and
According to the area of the respective lots, tracts, and real estate within such Water Main
District No. 442T, such benefits are the sums set opposite the several descriptions as follows:
Name Description Connection
Fee
Grand Island Surgical Center, LLC Part of Lot Nine (9), Richmond Subdivision, more
particularly described as follows: The easterly two
hundred sixty-five and ninety-nine hundredths (265.99)
feet of the northerly three hundred (300.0) feet of Lot
Nine (9) Richmond Subdivision in the City of Grand
Island, Hall County, Nebraska
5,142.43
CALM Part of Lot Thirteen (13), Richmond Subdivision, more
particularly described as follows: The westerly two
hundred thirty six and seventy one hundredths (236.71)
feet of the northerly three hundred (300.0) feet of Lot
Thirteen (13) Richmond Subdivision in the City of Grand
Island, Hall County, Nebraska
4,576.36
TOTAL $9,718.79
BE IT FURTHER RESOLVED that the special benefits as determined by this resolution
shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds,
Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the
above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time
such property becomes connected to the water main. No property benefited as determined by this
resolution shall be connected to the water main until the connection fee is paid. The connection fees
collected shall be paid into the fund from which construction costs were made to replenish such fund for the
construction costs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
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_______________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Request of Fonner View Concessions, Inc. dba
Fonner View Golf Course, 2224 South Stuhr Road for Class "D1"
Liquor License
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 27, 2004
Subject: Public Hearing on Request of Fonner View Concessions,
Inc. dba Fonner View Golf Course, 2224 South Stuhr
Road for a Class “D1” Liquor License
Item #’s: E-1 & G-5
Presenter(s): RaNae Edwards
Background
Fonner View Golf Course, 2224 South Stuhr Road had submitted an application with the
City Clerk’s Office. They are within the extraterritorial zoning jurisdiction of the City
and need to have a Class “D1” Liquor License through the City. They currently have a
Liquor License through Hall County. A new application for a Class “D1 ” Liquor License
has been filed with the Liquor Control Commission and received by the City on March
30, 2004. A Class “D1” Liquor License allows for the sale of alcohol off sale only within
the extraterritorial zoning jurisdiction of the City.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the
Building, Fire, Health, and Police Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Fonner View Golf Course for a Class “D1” Liquor
License.
2. Disapprove or /Deny the request.
3. Forward to the Nebraska Liquor Control Commission with no
recommendation.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve this request contingent upon
final inspections.
Sample Motion
Approve the request of Fonner View Concessions, Inc. dba Fonner View Golf Course,
2224 South Stuhr Road for a Class “D1” Liquor License.
Item E2
Public Hearing on Request of Skagway Discount Dept Stores, Inc.
dba Skagway Discount Dept Stores, 620 West State Street for a
Class "DK" Catering Liquor License
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 27, 2004
Subject: Public Hearing on Request of Skagway Discount Dept
Stores, Inc. dba Skagway Discount Dept Stores, 620
West State Street for a Class “DK” Catering Liquor
License
Item #’s: E-2 & G-7
Presenter(s): RaNae Edwards
Background
Skagway Discount Dept Stores located at 620 West State Street has submitted an
application with the City Clerk’s Office for a Class “DK” Catering Liquor License. They
currently have a Class “D” Liquor License and would like to add a catering license. A
new application for a Class “DK” Liquor License has been filed with the Liquor Control
Commission and received by the City on April 15, 2004. A Catering Liquor License
allows Retail Class C, D, I or L licensees to deliver, sell or dispense alcoholic liquors,
including beer for consumption at a location designated on a Special Designated License
(SDL).
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the
Building, Fire, Health, and Police Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Skagway Discount Dept Stores for a Class “DK”
Liquor License.
2. Disapprove or /Deny the request.
3. Forward to the Nebraska Liquor Control Commission with no
recommendation.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve this request contingent upon
final inspections.
Sample Motion
Approve the request of Skagway Discount Dept Stores, Inc. dba Skagway Discount Dept
Stores, 620 West State Street for a Class “DK” Liquor License.
Item E3
Public Hearing on Acquisition of Utility Easement Located at 420
N. Diers Avenue - Drs. Grange, Pedersen & Brown
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: April 27, 2004
Subject: Acquisition of Utility Easement – Drs. Grange, Pedersen
& Brown – 420 N. Diers Avenue
Item #’s: E-3 & G-9
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Drs. Grange, Pedersen & Brown, located along the west side of Eye Care Professionals
building at 420 North Diers Avenue, located in the City Of Grand Island, Hall County, in
order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers.
Discussion
This easement will be used in connection with the next Richmond Subdivision Plat. To
have utility access to Lots 1 and 2 of Richmond 4th Subdivision, and to have enough
buildable area on those lots a 10’ easement is needed from 420 North Diers Avenue. The
owners of all lots have agreed with this arrangement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the acquisition of the easement
2. Disapprove or /Deny the easement
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Approve the acquisition of the Utility Easement.
Item E4
Public Hearing on Acquisition of Utility Easement Located West of
Blaine Street, South of Hwy. 34 - Steve and Ginger Johnson
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: April 27, 2004
Subject: Acquisition of Utility Easement – Steve and Ginger
Johnson – West of Blaine Street, South of Hwy. 34
Item #’s: E-4 & G-10
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Steve and Ginger Johnson, located on the west side of Blaine Street towards the lake,
south of U.S. Highway 34, located in Hall County, in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to locate underground cable and transformer to serve
electricity to new construction on this lot.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the acquisition of the easement
2. Disapprove or /Deny the easement
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Approve the acquisition of the Utility Easement
Item E5
Public Hearing on Acquisition of Utility Easement Located at 1115
Allen Drive - Allen
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: April 27, 2004
Subject: Acquisition of Utility Easement – 1115 Allen Drive
Item #’s: E-5 & G-11
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Robert M. Allen, located at 1115 Allen Drive (north of Gordmans and south of
Albertsons Food & Drug), located in the City Of Grand Island, Hall County, in order to
have access to install, upgrade, maintain, and repair power appurtenances, including lines
and transformers.
Discussion
This easement will be used to locate underground primary cable and a pad-mounted
transformer to serve the new building.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the acquisition of the easement
2. Disapprove or /Deny the easement
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Approve the acquisition of the Utility Easement.
Item F1
#8895 - Consideration of Amending Chapter 16 of the Grand
Island City Code Pertaining to Fireworks
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: April 27, 2004
Subject: Fireworks
Item #’s: F-1
Presenter(s): Douglas R. Walker, City Attorney
Background
Pursuant to the discussion that took place at the study session of the City Council on
April 6, 2004, revisions have been made to the Grand Island fireworks ordinance. The
changes that are now being proposed to the fireworks ordinance are primarily in the
following areas:
1. Streamline the process for obtaining a permit to sell fireworks.
2. Permit fireworks to be discharged for special events upon obtaining a
permit throughout the year other than the period from June 27th to July
4th.
3. Increase the size restriction on fireworks stands to 500 square feet.
4. Provide requirements for signage at the fireworks stands.
5. Make the provisions of the city ordinances consistent with
standards adopted by the Nebraska Fire Marshall’s Office.
Discussion
Pursuant to the input received from the public at the April 6th study session, changes to
the city fireworks code have been drafted. The proposed ordinance does not change the
dates of sale or the hours for discharging fireworks. The ordinance does however have
provisions to streamline the permitting process so that those seeking permits to sell
fireworks will have only one city department to contact to receive their permits.
The code has also been changed to permit members of the public to obtain permits for the
discharge of fireworks at special events throughout the year at times other than the
traditional period for discharge from June 27th through July 4th.
Another change to the current ordinance is that the maximum allowable size of fireworks
stands will be increased to 500 feet to permit the larger size trailers currently in use.
The proposed ordinance will also require no smoking signs as well as a sign that notifies
the public about the hours for discharging fireworks permitted by the City Code.
The ordinance has also been changed to make the City Code consistent with the standards
adopted by the State Fire Marshall; therefore, some types of fireworks that have
previously been restricted will be permitted if the State Fire Marshall’s standards allow
them.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the ordinance as drafted.
2. Disapprove or /Deny the ordinance.
3. Modify the ordinance to meet the wishes of the Council
4. Table the issue
Recommendation
City Ad ministration recommends that the ordinance be adopted as drafted.
Sample Motion
Approve the revisions to the City of Grand Island Fireworks ordinance as set forth in
Ordinance #8895.
Approved as to Form ¤ ___________
April 23, 2004 ¤ City Attorney
ORDINANCE NO. 8895
An ordinance to amend Chapter 16 of the Grand Island City Code; to amend
Sections 16-13, 16-16, 16-18, 16-20, and 16-22 pertaining to fireworks; to delete Section 16-14
pertaining to business locations for selling fireworks; to add Section 16-16.1 pertaining to
required signage; to delete Section 16-21 pertaining to prohibition on sky rockets; to repeal
Sections 16-13, 16-16, 16-18, 16-20, and 16-22 as now existing, and any ordinance or parts of
ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 16-13 of the Grand Island City Code is hereby amended to
read as follows:
§16-13. Permit to Sell Fireworks
It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first
having made application to the Fire Administration Office (City Hall) Bureau of Fire Prevention for a permit and
received a permit to do so from the Fire Prevention Division. city clerk. Such permits shall be in accordance with the
City of Grand Island Fee Schedule and shall be valid for the calendar year in which issued, and shall at all times be
displayed at the place of business of the holder thereof. Such permits shall not be transferable.
SECTION 2. Section 16-14 of the Grand Island City Code is hereby deleted:
§16-14. Permittees; One Business Location
No person to whom a permit pursuant to this Article has been issued shall sell or offer for sale permissible
fireworks at more than one location within the City.
SECTION 3. Section 16-16 of the Grand Island City Code is hereby amended to
read as follows:
§16-16. Temporary Fireworks Stands
Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks
only from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold
from permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure,
such stand or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary
enclosure or stand shall be permitted only in those areas of the City zoned for business or manufacturing, and only
ORDINANCE NO. 8895 (Cont.)
- 2 -
after a permit is obtained from the Fire Prevention Division building department for the erection or placement of
such temporary enclosures or stands. Such temporary enclosures or stands shall be permitted to remain on real estate
where permissible fireworks are sold for only the period beginning on June 22 through and including July 9 of each
year. Any such temporary stand or enclosure shall not be located closer than twenty-five feet from any building, and
at least one hundred feet from any station where gasoline and oil for motor vehicles is sold. Such temporary stand or
enclosure shall not exceed five three hundred square feet in size.
SECTION 4. Section 16-16.1 is hereby added to the Grand Island City Code to
read as follows:
§16-16.1. Signage Required
Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At
least one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be
conspicuously posted on the exterior of each side of the fireworks stand:
NO SMOKING OR
DISCHARGE OF FIREWORKS
ON THE PREMISES
In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be
posted on the exterior of the fireworks stand that reads as follows:
THE GRAND ISLAND CITY CODE ALLOWS
FIREWORKS TO BE DISCHARGED ONLY ON THE
FOLLOWING DATES AND TIMES :
June 27 through July 3 – 8:00 a.m. to 11:00 p.m.
July 4 – 8:00 a.m. to midnight
SECTION 5. Section 16-18 of the Grand Island City Code is hereby amended to
read as follows:
§16-18. Discharging Fireworks Where Sold
It shall be unlawful for any person to discharge fireworks in or upon the premises where fireworks are sold.
; provided, that, this regulation shall not be construed to include the use of toy pistols using what is commonly
known as caps.
SECTION 6. Section 16-20 of the Grand Island City Code is hereby amended to
read as follows:
§16-20. Definitions
Permissible fireworks shall mean only sparklers, vesuvius fountains, spray fountains, torches, color fire
cones, star and comet type color aerial shells without explosive charge for the purpose of making a noise,
firecrackers not to exceed two one and one-half inches in length and three-eighths of an inch or one-fourth in
diameter, total pyrotechnic composition not to exceed 50.0 milligrams each in weight, color wheels, and those
fireworks authorized by the State Fire Marshall, by regulation, after having been submitted to him and tested to their
safety and general use. and any other fireworks approved under Section 28-1247 of the State Fire Marshal's Act
Book. See also Rules and Regulations concerning fireworks in the State of Nebraska Administrative Code, Title 157.
ORDINANCE NO. 8895 (Cont.)
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Person as used in this Article shall include any person, firm, partnership, association of persons, or
corporation.
Sale shall include barter, exchange, or gift or offer therefor, and each such transaction made by any person
whether as principal, proprietor, agent, servant, or employee.
SECTION 7. Section 16-21 of the Grand Island City Code is hereby deleted:
§16-21. Sky Rockets Prohibited
Skyrockets, bottle rockets, or any other form of fireworks consisting of a case containing a combustible
composition fastened to a guiding stick which is designed and manufactured to be projected through the air by the
reaction and resulting from the rearward discharge of gases liberated by combustion shall not be permis sible
fireworks within the City of Grand Island, notwithstanding any action by the state fire marshal to the contrary, and it
shall be unlawful for any person to sell at retail, offer for sale at retail, discharge, explode, or use any of said
fireworks within the City.
SECTION 8. Section 16-22 of the Grand Island City Code is hereby amended to
read as follows:
§16-22. Discharge of Fireworks
Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 27 through
and including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be
permitted during the following times:
June 27 through July 3……………………….. 8 a.m. to 11 p.m.
July 4…………………………………………. 8 a.m. to midnight
The sale, discharge, or exploding of fireworks within the City of Grand Island on any dates or times other
than as set out in this section ordinance shall be unlawful. require a permit from the Fire Prevention Division. Public
exhibition applications shall be accompanied by documentation of a display license issued by the State Fire Marshal.
Private party display applications will not require a State Fire Marshal license, but displays will be limited to
permissible fireworks as described in §16-20 of this Article. Applicant shall also show that there will not be any
substantial danger to people or property. Factors that will be considered when reviewing an application will include,
but not be limited to, where the fireworks will be discharged, the procedures used to discharge the fireworks and the
qualifications of the individuals discharging the fireworks.
SECTION 9. Section 16-13, 16-16, 16-18, and 16-22 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 10. 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.
ORDINANCE NO. 8895 (Cont.)
- 4 -
Enacted: April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8897 - Consideration of Creation of Water Main District 448 -
Stolley Park Road, Bellwood Drive to Kingswood Drive
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: April 27, 2004
Subject: Creation of Water Main Dist 448 – Stolley Park Road,
Bellwood Drive to Kingswood Drive
Item #’s: F-2
Presenter(s): Gary R. Mader, Utilities Director
Background
The City has received a petition requesting the creation of a water main district to serve
the residents along the south side of Stolley Park Road between Bellwood Drive and
Kingswood Drive. The area on the north side of Stolley Park Road is currently being
used as City softball fields and already has water service.
Discussion
The district would provide for the installation of a 6” water main and will allow City
water service to be extended to area residents. The work would be done as an assessment
district. This is the Department’s standard method for installing water mains in
developed areas requesting City service. The qualified cost of construction will be
assessed to the properties within the district’s boundary. The assessments are collected
over a five year period, at 7% simple interest on the un-paid balance.
Attached are copies of the District’s plat, legal description, and a list of property owners
within its boundary.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve Ordinance 8897, authorizing the creation of Water Main District 448
in Stolley Park Road, between Bellwood Drive and Kingswood Drive.
2. Disapprove Ordinance 8897 and not create Water Main District 448.
3. Modify the boundary of District 448, to meet the wishes of the Council.
4. Table the issue.
Recommendation
The appropriate information has been submitted to the Legal Department for preparation
of Ordinance 8897, defining and creating the District. City Administration recommends
that Water Main District 448 be created.
Sample Motion
I move that Ordinance #8897 be approved to create Water Main District 448.
WATER MAIN DISTRICT 448 BOUNDARY
ORDINANCE NO. 8897
Beginning at the southeast corner of Lot Nine (9), Block Two (2), Roush Subdivision in
the City of Grand Island, Hall County, Nebraska; thence northerly along the easterly line
of said Lot Nine (9), a distance of one hundred fifty (150.0) feet to the northeast corner
of said Lot Nine (9); thence westerly along the northerly line of said Lot Nine (9), a
distance of one hundred (100.0) feet to the northwest corner of said Lot Nine (9); thence
northerly along the extension of the easterly right-of-way line of Bellwood Drive, a
distance of seventy three (73.0) feet to a point on the northerly right-of-way line of
Stolley Park Road; thence easterly along the northerly right-of-way line of said Stolley
Park Road, a distance of nine hundred (900.0) feet; thence southerly along the
extension of the westerly right-of-way line of Kingswood Drive, a distance of seventy
three (73.0) feet to the northeast corner of Lot One (1), Block Two (2), said Roush
Subdivision; thence westerly along the northerly line of said Lot One (1), a distance of
one hundred (100.0) feet to the northwest corner of said Lot One (1); thence southerly
along the westerly line of said Lot One (1), a distance of one hundred fifty (150.0) feet to
the southwest corner of said Lot One (1); thence westerly along the southerly line of Lot
Two (2), Lot Three (3), Lot Four (4), Lot Five (5), Lot Six (6), Lot Seven (7), and Lot
Eight (8), Block Two (2) said Roush Subdivision, a distance of seven hundred (700.0)
feet to the southeast corner of said Lot Nine (9), Block Two (2), Roush Subdivision
being the said point of beginning.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
ORDINANCE NO. 8897
An ordinance creating Water Main District No. 448 in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water
mains in said district; approving plans and specifications and securing bids; assessing the cost of
such improvements; providing for certification to the Register of Deeds; and providing the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 448 in the City of Grand Island, Nebraska,
is hereby created for the laying of six (6.0) inch diameter water mains with its appurtenances in
Roush Subdivision in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such water main district shall be more
particularly described as follows:
Beginning at the southeast corner of Lot Nine (9), Block Two (2), Roush
Subdivision in the City of Grand Island, Hall County, Nebraska; thence northerly
along the easterly line of said Lot Nine (9), a distance of one hundred fifty (150.0)
feet to the northeast corner of said Lot Nine (9); thence westerly along the
? This Space Reserved for Register of Deeds ?
ORDINANCE NO. 8897 (Cont.)
- 2 -
northerly line of said Lot Nine (9), a distance of one hundred (100.0) feet to the
northwest corner of said Lot Nine (9); thence northerly along the extension of the
easterly right-of-way line of Bellwood Drive, a distance of seventy three (73.0)
feet to a point on the northerly right-of-way line of Stolley Park Road; thence
easterly along the northerly right-of-way line of said Stolley Park Road, a distance
of nine hundred (900.0) feet; thence southerly along the extension of the westerly
right-of-way line of Kingswood Drive, a distance of seventy three (73.0) feet to
the northeast corner of Lot One (1), Block Two (2), said Roush Subdivision;
thence westerly along the northerly line of said Lot One (1), a distance of one
hundred (100.0) feet to the northwest corner of said Lot One (1); thence southerly
along the westerly line of said Lot One (1), a distance of one hundred fifty (150.0)
feet to the southwest corner of said Lot One (1); thence westerly along the
southerly line of Lot Two (2), Lot Three (3), Lot Four (4), Lot Five (5), Lot Six
(6), Lot Seven (7), and Lot Eight (8), Block Two (2) said Roush Subdivision, a
distance of seven hundred (700.0) feet to the southeast corner of said Lot Nine
(9), Block Two (2), Roush Subdivision being the said point of beginning, as
shown on the plat dated April 9, 2004, attached hereto and incorporated herein by
this reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids
for the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. All improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
law.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
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.
ORDINANCE NO. 8897 (Cont.)
- 3 -
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, without the plat,
as provided by law.
Enacted April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8898 - Consideration of Creation of Sanitary Sewer No. 516,
Stolley Park Road from Bellwood Drive to East of Kingswood
Drive (Roush Subdivision)
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: April 27, 2004
Subject: Consideration of Creation of Sanitary Sewer No. 516,
Bellwood Drive to East of Kingswood Drive (Roush
Subdivision)
Item #’s: F-3
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
Council action is needed to create a sanitary sewer district. If created, a notice will
be mailed to all affected property owners and a 30-day protest period allowed.
Discussion
A petition was submitted by residents in the area requesting the creation of a sanitary
sewer district. The homes in the area have experienced problems with their septic tanks.
Alternatives
1. Approve the recommendation to create Sanitary Sewer District 516.
2. Disapprove or /Deny the creation of the District.
3. Modify the recommendation to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the creatio n of Sanitary Sewer
District 516. A ten (10) year assessment period is recommended.
Sample Motion
Move to approve the creation of Sanitary Sewer District # 516.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
ORDINANCE NO. 8898
An ordinance creating Sanitary Sewer District No. 516 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. 516 is hereby created for the
construction of an eight (8) inch sanitary sewer main and appurtenances thereto in a part of
Roush Subdivision in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Beginning at the southeast corner of Lot One (1), Block One (1), Roush
Subdivision; thence west on the south line of Lots One (1), Two (2), Three (3),
Four (4), Five (5), Six (6), Seven (7), and Eight (8), Block One (1) Roush
Subdivision, Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven
(7), Eight (8), and Nine (9), Block Two (2), Roush Subdivision and a
prolongation thereof to the west line of Bellwood Drive; thence north on the west
line of Bellwood Drive and a prolongation thereof to the north line of Stolley Park
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8898 (Cont.)
- 2 -
Road; thence east on the north line of Stolley Park Road to a point where a
prolongation of the east line of Lot One (1), Block One (1) Roush Subdivision
intersects; thence south on said east line and prolongation thereof to the point of
beginning, all as shown on the plat dated April 19, 2004, 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 sha ll 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.
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.
ORDINANCE NO. 8898 (Cont.)
- 3 -
SECTION 7. After passage, approva l and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#8899 - Consideration of Assessments for Sanitary Sewer District
No. 507, Cannon Road and North Road
This item relates to the aforementioned Board of Equalization Item D-1.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
ORDINANCE NO. 8899
An ordinance assessing and leyving a special tax to pay the cost of construction of
Sanitary Sewer District No. 507 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and 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. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 507, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Donald E. & Delores A. Kaelin Lot 1, Sussex Place Subdivision 8,824.19
Rhett M. & Christina L. Martin Lot 2, Walters Subdivision 7,008.42
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8899 (Cont.)
- 2 -
Reis Construction Inc. Lot 1, Walters Subdivision 5,125.40
John T. Beckstead
Kendra M. Corman
Lot 2, Sussex Place Second Subdivision 5,755.22
William M. & Ingrid A. Glassbrenner Lot 1, Sussex Place Second Subdivision 6,398.68
Darwin D. Katzberg
Judith Ann Christensen
Lot 2, Kieselhorst Subdivision 6,677.55
Robert E. & Peggy Coffey Lot 1, Kieselhorst Subdivision 5,484.07
The Diocese of Grand Island Lot 11, Sussex Place Subdivision 8,532.77
Frank J. & Joni L. Brower Lot 1, Hadenfeldt Subdivision 6,019.38
Max A. & Melanie S. Bachman Lot 2, Hadenfeldt Subdivision 6,560.08
Robert H. & Sonja A. Zwiebel Lot 1, Saunders Subdivision 6,022.07
Ray M. & Rae Ann Saunders Lot 2, Saunders Subdivision 6,672.17
James H. & Julie Pedersen Lot 1, Adams Way Subdivision 5,898.15
Gary L. & Brenda F. Schumacher Lot 2, Adams Way Subdivision 6,257.00
David E. & Marsha R. Bartlett Lot 2, Sussex Place Third Subdivision 5,755.58
Christopher L. & Frances Ellen May Lot 1, Sussex Place Third Subdivision 6,398.68
Lance H. & Scherry G. Hermansen Lot 1, Burris Subdivision 6,775.82
Lance H. & Scherry G. Hermansen Lot 2, Burris Subdivision 2,062.36
Bob R. & Karen L. Nagel Part of SW1/4, NW1/4 of Section 12-11-10; more
particularly described as follows:
Beginning at the north ROW line of State Street and 33
feet east of the west line of SW1/4, N1/4 of Section 12-
11-10; thence north 245 feet; thence east 267 feet;
thence south 245 feet to the north ROW line of State
Street; thence west 267 feet to the point of beginning
7,725.78
TOTAL $119,953.37
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
ORDINANCE NO. 8899 (Cont.)
- 3 -
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 507.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#8900 - Consideration of Assessments for 2003 Weed Abatement
Program
This item relates to the aforementioned Board of Equalization Item D-2.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
ORDINANCE NO. 8900
An ordinance levying a special tax to pay the cost to the City of cutting,
destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36
and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for
the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code
in conflict herewith; and providing for the publication and effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. A special tax is hereby levied for the cost of cutting, destroying,
and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and
pieces of ground during the 2003 season in proportion to the special benefits to such real estate
as determined and assessed by the City Council sitting as a Board of Equalization after due
notice thereof, in the following amounts:
Name/Address Description Assessment
Jose Torres
200 E. Park Avenue
Norfolk, NE 68701
West 2/3 of Lots 5, 6, and 7, Hann's 3rd Addition 125.00
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8900 (Cont.)
- 2 -
Lenders Asset Management
7325 S. Pierce Street, Suite 203
Littleton, CO 80128
Lot 6, Block 11, Original Town 125.00
Agnes Wilson
319 E. 10th
Grand Island, NE 68801
Lot 2, Nagorski Subdivision 140.00
Gosna Inc.
1010 E. Bismark
Grand Island, NE 68801
Lot 1, Super Bowl Subdivision 1,169.02
Troy Noziska
6363 N. Gunbarrel Road
Grand Island, NE 68801
Lot 6, Block 30, Packer & Barr's 2nd Subdivision 125.00
SECTION 2. Such special tax shall be due and payable to the City thirty (30)
days after such levy and shall become delinquent fifty (50) days after such levy. After the same
shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon.
The same shall be collected in the same manner as other city taxes.
SECTION 3. Such special taxes shall be collected by the Finance Director of the
City of Grand Island, Nebraska, as provided by law.
SECTION 4. Such special taxes, if not previously paid, shall be certified to the
County Clerk at the same time as the next certification for general revenue purposes.
SECTION 5. Such special taxes, when received, shall be applied to reimburse the
general fund.
SECTION 6. All ordinances or parts of ordinances or provisions in the Grand
Island City Code in conflict herewith be, and the same 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.
ORDINANCE NO. 8900 (Cont.)
- 3 -
Enacted: April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F6
#8901 - Consideration of Assessments for Water Main District No.
441
This item relates to the aforementioned Board of Equalization Item D-3.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
ORDINANCE NO. 8901
An ordinance to assess and levy a special tax to pay the cost of construction of
Water Main District No. 441 of the City of Grand Island, Nebraska; to provide for the collection
of such special tax; 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. There is hereby assessed upon the following described lots, tracts,
and parcels of land specifically benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District 441, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and lands as follows:
Name Description Assessment
Concord Development, LLC Lot 1, Crane Valley 6th Subdivision 5,367.86
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8901 (Cont.)
- 2 -
Concord Development, LLC Lot 2, Crane Valley 6th Subdivision 6,748.24
Concord Development, LLC Part of Lot One (1), Crane Valley 7th Subdivision, more
particularly described as follows: Beginning at a southeast
corner of Lot (1) Crane Valley 7th Subdivision in the City of
Grand Island, Hall County, Nebraska, also being the
southwest corner of Lot One (1), Crane Valley 6th
Subdivision; thence N89º41'56"W along the northerly right-
of-way line of Faidley Avenue, a distance of sixty and one
hundredth (60.01) feet to the southeast corner of Lot Two
(2) Crane Valley 6th Subdivision; thence N00º34'22"W along
the easterly line of said Lot Two (2) Crane Valley 6th
Subdivision, a distance of two hundred seven (207.0) feet to
the northeast corner of said Lot Two (2) Crane Valley 6th
Subdivision; thence S89º41'46"E to the northwest corner of
said Lot One (1) Crane Valley 6th Subdivision; thence
S00º34'22"E along the westerly line of said Lot One (1)
Crane Valley 6th Subdivision, a distance of two hundred
seven (207.0) feet to the said Point of Beginning
3,472.38
City of Grand Island, Nebraska
(Substation "B")
Part of the Southeast Quarter (SE1/4) of Section 13-11-10,
more particularly described as follows: Beginning at the
northwest corner of the Northwest Quarter of the Southeast
Quarter (NW1/4, SE1/4) of Section Thirteen (13), Township
Eleven (11) North, Range Ten (10) West; thence southerly
along the westerly line of the Southeast Quarter (SE1/4) said
Section Thirteen (13), on an assumed bearing of
S00º00'00"W, a distance of two hundred fifty (250.0) feet, to
a northwest corner of Lot Nine (9) Richmond Subdivision;
thence S89º04'59"E, a distance of one hundred eighty-three
and ninety-four hundredths (183.94) feet to a southeast
corner of said Lot Nine (9) Richmond Subdivision; thence
N00º01'22"E, a distance of two hundred fifty and fifteen
hundredths (250.15) feet, to a northwest corner of said Lot
Nine (9) Richmond Subdivision, also being a point on the
southerly right-of-way line of Faidley Avenue; thence
westerly along the said southerly right-of-way line of
Faidley Avenue, a distance of one hundred eighty four
(184.0) feet to the said Point of Beginning
3,557.30
TOTAL $19,145.78
SECTION 2. The special tax shall become delinquent as follows: One-fifth of the
total amount shall become delinquent in fifty days; one-fifth in one year; one-fifth in two years;
one-fifth in three years; and one-fifth in four years, respectively after the date of such levy.
ORDINANCE NO. 8901 (Cont.)
- 3 -
SECTION 3. The entire amount so assessed and levied against any lot, tract or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
lien of special tax thereby satisfied and released. Each of said installments, except the first, shall
draw interest at the rate of seven percent (7%) per annum from the time of such levy until they
shall become delinquent. After the same become delinquent, interest at the rate of fourteen (14%)
per annum shall be paid thereof, until the same is collected and paid.
SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 5. Such special assessments shall be paid into a fund to be designated
as the "Water Fund 441".
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: April 27, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Receipt of Official Document - Tort Claim Filed by Donald A.
Nelsen
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 27, 2004
Subject: Receipt of Official Document – Tort Claim Filed by
Donald A. Nelsen
Item #’s: G-1
Presenter(s): RaNae Edwards, City Clerk
Background
The City of Grand Island has received a Tort Claim on April 9, 2004 from Donald A.
Nelsen, 121 East 6th Street alleging certain claims in connection with an arrest made by
the Police Department. A copy of this claim is attached to comply with the Nebraska
Political Subdivision Tort Claims Act.
Discussion
This is not an item for council action other than to simply acknowledge that the claim has
been received.
Recommendation
City Administration recommends that the Council take no action other than acknowledge
receipt of the claim.
Sample Motion
Approve acknowledgement of the Tort Claim filed by Donald A. Nelsen.
Item G2
Approving Minutes of April 13, 2004 City Council Regular Meeting
The Minutes of April 13, 2004 City Council Regular Meeting are submitted for approval. See
attached MINUTES.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 13, 2004
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on April 13, 2004. Notice of the meeting was given in the Grand Island Independent on
April 7, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nicerkson, Cornelius, Pauly,
Hornady, Walker, and Haase. The following City Officials were present: City Administrator
Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works
Director Steve Riehle, and City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Robert
Stretch, Berean Bible Church, 4116 West Capital Avenue.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak
on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
1. Firefighter Training Demonstration Saturday, April 17, 2004 at the Valentine Motel on
South Locust.
2. Spring was the time for cleanup, requested that all citizens keep our city looking great by
not littering.
3. Grand Island Senior High 2001 graduate – Noah Boye, a Marine serving in Iraq who lost
his life in the line of duty. Pastor Robert Stretch gave a prayer.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Community Development Week” April 12-18, 2004. The Mayor proclaimed the
week of April 12-18, 2004 as “Community Development Week”. Joni Kuzma, Development
Specialist was present to receive the proclamation.
Proclamation “April is for the Arts Month” April 2004. The Mayor proclaimed the month of
April 2004 as “April is for the Arts Month”.
Proclamation “National Library Week” April 18-24, 2004. The Mayor proclaimed the week of
April 18-24, 2004 as “National Library Week”. Library Director Steve Fosselman was present to
receive the proclamation.
Page 2, City Council Regular Meeting, April 13, 2004
Recognition of Parks and Recreation Director Steve Paustian for 25 Years of Service with the
Grand Island Parks and Recreation Department. Mayor Vavricek and the City Council
recognized and congratulated Steve Paustian, Parks and Recreation Director for his 25 years of
dedicated service to the City of Grand Island. Steve Paustian was present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Request of Gas ‘N Shop, Inc. dba Gas ‘N Shop, 3320 Langenheder Street for
a Class “B” Liquor License. City Clerk RaNae Edwards reported that due to annexation of
several properties in 2002, Gas ‘N Shop, Inc. dba Gas ‘N Shop located at 3320 Langenheder
Street had to apply for a new liquor license. Submitted wan an application with the Cit y Clerk’s
Office for a Class “B” Liquor License which allows for the sale of alcohol off sale only within
the corporate limits of the City. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City Clerk on
March 17, 2004; notice to the applicant of date, time and place of hearing mailed March 22,
2004; notice to the general public of date, time and place of hearing published on April 3, 2004;
and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park
Road, Suite 5 for a Class “I” Liquor License. City Clerk RaNae Edwards reported that due to
annexation of several properties in 2002, the Flight Deck Restaurant & Lounge located at 3773
Sky Park Road had to apply for a new liquor license. Submitted wan an application with the City
Clerk’s Office for a Class “I” Liquor License which allows for the sale of alcohol on sale only
within the corporate limits of the City. Ms. Edwards presented the following exhibits for the
record: application submitted to the Liquor Control Commission and received by the City Clerk
on March 29, 2004; notice to the applicant of date, time and place of hearing mailed April 6,
2004; notice to the general public of date, time and place of hearing published on April 6, 2004;
and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3200 Bachman Street. (Lyman-
Richey Corporation) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 3200 Bachman Street was required in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. This
easement would be used to locate underground power lines and pad mounted transformer to
serve a new building being constructed on the lot. No public testimony was heard.
Public Hearing on Acquisition of Property Located at 508 South Shady Bend Road. (Jerry and
Pamela Miller) Steve Riehle, Public Works Director reported that the City had negotiated
acquisition of property owned by Jerry and Pamela Miller located at 508 South Shady Bend
Road. This property was in litigation between the City and the Miller’s due to contamination of
their lake. A settlement of the lawsuit in the amount of $200,000 was negotiated. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Along and Within Proposed Pleasant View
Thirteenth Subdivision. (GNR Development Corporation). Steve Riehle, Public Works Director
reported that acquisition of a utility easement in the proposed Pleasant View Thirteenth
Page 3, City Council Regular Meeting, April 13, 2004
Subdivision located north of Fonner Park Road and south of South Street was required in order
to have access to install, upgrade, maintain, and repair public utilities. No public testimony was
heard.
ORDINANCES:
Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read
by title on three different days be suspended and that ordinances numbered:
#8896 – Consideration of Creation of Sanitary Sewer District No. 515, Dale Roush
Subdivision (Indian Acres)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage. Councilmember
Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there any one in the audience interested in this Ordinance? No public comment was
heard.
City Clerk: Ordinance #8896 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #8896 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance
#8896 is declared to be lawfully passed and adopted upon publication as required by law.
CONSENT AGENDA: It was noted that Item G-8 was pulled from the agenda until the April 27,
2004 City Council meeting. Item G-7 was pulled from the Consent Agenda for further
discussion. Motion by Pielstick, second by Hornady, to approve the Consent Agenda excluding
Item G-7. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 23, 2004 City Council Regular Meeting.
Approving Minutes of April 6, 2004 City Council Special Meeting. Councilmember Gilbert
abstained.
Approving Request of Gas ‘N Shop, Inc. dba Gas ‘N Shop, 3320 Langenheder Street for a Class
“B” Liquor License.
Approving Request of Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska for Liquor
Manager Designation for Gas ‘N Shop, 3320 Langenheder Street.
Page 4, City Council Regular Meeting, April 13, 2004
Approving Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road,
Suite 5 for a Class “I” Liquor License.
Approving Preliminary Plat for Richmond Fourth Subdivision.
#2004-72 – Approving Final Plat and Subdivision Agreement for Richmond Fourth Subdivision.
It was noted that this item was pulled until the April 27, 2004 City Council meeting.
#2004-73 – Approving Intent to Enter the Nebraska Community Improvement Program.
Questioned were which projects would be submitted. Joni Kuzma, Development Specialist
reported that the projects had not been picked yet, but were in the process.
#2004-74 – Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage
Buildings with: Dominion Construction Company - $2,000; Jerry Harders - $500.00; and
Nebraska State Patrol - $500.00 per year.
#2004-75 – Approving Waiver of Annual Report from NorthWestern.
#2004-76 – Approving Acquisition of Utility Easement Located at 3200 Bachman Street.
(Lyman-Richey Corporation)
#2004-77 – Approving Agreement to Continue Participation in the Whelan Energy Center Unit
#2 Power Plant in an Amount not to exceed $40,000.00.
#2004-78 – Approving Bid Award for 35,000 GVW Cab and Chassis and 10 Cubic Yard
Vacuum Catch Basin Cleaner with Mid-Iowa Companies of Johnston, Iowa in an Amount of
$140,015.00. It was noted that Steve Riehle, Public Works Director explained the exceptions to
the Council.
#2004-79 – Approving Bid Award for Asphalt Maintenance Project 2004-AC-1 with Gary Smith
Construction Co., Inc. of Grand Island, Nebraska in an Amount of $460,123.29.
#2004-80 – Approving Bid Award for Bleacher and Dugout Covers with Backyard Adventures
of Omaha, Nebraska in an Amount of $39,427.00.
#2004-81 – Approving Bid Award for Street Improvement District No. 1251 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of $158,823.95.
#2004-82 – Approving Change Order No. 1 to the Purchase Order for Emergency Sewer Line
Repairs Along the Bike Trail with The Diamond Engineering Company of Grand Island for an
Increase of $13,246.50 and a Revised Contract Amount of $18,647.00. It was noted that these
costs would be submitted to insurance.
#2004-83 – Approving Acquisition of Utilities Easement Along and Within Proposed Pleasant
View Thirteenth Subdivision. (GNR Development Corporation)
Page 5, City Council Regular Meeting, April 13, 2004
#2004-84 – Approving Bid Award for 2005 Truck with 55 ft. Non-Overcenter Aerial Device
with Terex Utilities West of Commerce City, Colorado in and Amount of $141,892.00.
#2004-85 – Approving Boiler Inspection Agreement with Alstrom Power, Inc. of Charleroi,
Pennsylvania in an Amount of $6,275.00.
#2004-86 – Approving Revision to the Copier Lease with Imagistics International, Inc. of Grand
Island, Nebraska for an Additional Monthly Rate of $113.95.
Approving Preliminary Plat for Woodland Park Subdivision. Chad Nabity, Regional Planning
Director explained that this was a preliminary plat for 159 lots on a parcel of land located north
of Capital Avenue, between Independence Avenue and Northwest High School. A lengthy
discussion was had concerning the access roads to the school, the layout of the subdivision, and
safety issues with regards to traffic affecting the school.
Bill Mowinkle and Robert Dubas representing Northwest High School spoke in support.
Mentioned was the need for a road on the north side of the school and safety issues. Terry
Brown, Olsson Associates representing the developers spoke in support.
Motion was made by Hornady, second by Nickerson to approve the Preliminary Plat for
Woodland Park Subdivision. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2004-87 – Approving Settlement Agreement and Acquisition of Property Located at 508 South
Shady Bend Road. (Jerry and Pamela Miller) Motion by Pielstick, second by Hornady, to
approve Resolution #2004-87. Upon roll call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the
period of March 24, 2004 through April 13, 2004, for a total amount of $5,354,614.02. Motion
adopted. Councilmembers Hornady abstained from claim #67167, Whitesides voted no on claims
#66875 and #66876, and Pielsick abstained from #66871 and voted no on claims #66875 and
#66876.
ADJOURNMENT: The meeting was adjourned at 8:20 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G3
Approving Minutes of April 20, 2004 City Council Study Session
The Minutes of April 20, 2004 City Council Study Session are submitted to approval. See
attached MINUTES.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 20, 2004
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on April
20, 2004. Notice of the meeting was given in the Grand Island Independent on April 14, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present:
Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and
Walker. Councilmember Haase was absent. The following City Officials were present: City
Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, City
Attorney Doug Walker and Public Works Director Steve Riehle .
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek reminded the citizens of Grand Island about a
moment of silence tomorrow, April 21, 2004 in honor of Pvt. Noah Boye who lost his life in Iraq and
whose funeral will be tomorrow. Also mentioned was a wall of photos of military personnel who lost
their lives in Iraq that would be displayed at City Hall. Mayor Vavric ek mentioned that there were
yellow ribbons that had been placed around Grand Island as a reminder of our military personnel
serving in Iraq. Also mentioned was a Support Walk Sunday, April 25, 2004 at Pioneer Park to
support our military personnel serving in Iraq.
Update on Stolley Park Improvements. Steve Paustian, Parks and Recreation Director reported since
the closing of the Zoo, plans had been developed to reuse the former zoo site. A committee was
formed and a reuse plan was developed. To date the construction of Kids Kingdom and the
renovation of the train had been completed as part of that plan. The next phase of the implementation
of the development plan was the installation of a community picnic shelter.
A plan had been developed to incorporate the community shelter with other existing features of the
Park. The architects that were currently designing the arboretum had assisted staff with the design.
The design called for a modification to the existing road that included rerouting. A power point
presentation was provided to graphically display the proposed new routing.
Discussion was held concerning parking and access to the Stolley House. Further discussion was held
with regards to the cave at Stolley Park. Several Councilmembers commented that we should try to
preserve the cave and fit it in to the park experience. It was the consensus of the council that Mr.
Paustian look into this issue and come back with a cost estimate. City Administrator Gary Greer
stated that he felt we should return the cave to its original condition which included a water fall over
the cave.
Mr. Paustian stated that he was hoping that the citizens in the community would be able to supply
him with information or pictures about the cave.
Page 2, City Council Study Session, April 20, 2004
Discussion Concerning Green Space. Chad Nabity, Regional Planning Director reported that as the
City grows it was to the benefit of the community if land for parks could be acquired concurrent with
or preceding development. The Grand Island Parks Plan contained recommendations for park sizes
and general locations. Acquisition of land for parks could be very costly. Most of the land on which
development was anticipated (areas where parks would be necessary) could easily be developed with
residential lots covering the entire property without leaving any space for parks. The city could not
afford to acquire parkland at building lot prices.
Historically the City of Grand Island had acquired parkland primarily through the donation of
property that could not otherwise be developed, or by purchasing tracts of ground with tax dollars.
Recently, the City had been able to purchase undeveloped tracts of ground (at predevelopment
prices) in areas where parks were needed (Cedar Hills Park). The City would need additional parks as
residential development occurs. The Grand Island Parks Plan suggested that every house should have
a neighborhood park within ½ mile of the property.
Most property currently being developed in the City does not have an area that can be donated or
purchased for parks because it cannot be developed for housing. It was unlikely that there would be
property the owners would choose to give as a park rather than develop to sell for lots.
To meet the recommendation of the Grand Island Parks Plan, the City needed to create a park
acquisition and development fund. This fund needs to be large enough to provide adequate money to
buy land for a neighborhood park every 3 or 4 years. Generally between 80 and 120 lots were
developed in Grand Island during the course of a year. A park fee of $250 to $500 per lot would
provide between $20,000 and $60,000 annually toward the acquisition and development of new
parks. Any fees of less than $250 per lot would not generate enough funds to build an effective park
acquisition and development fund. The fees charged to the development could be lowered if the
developer was willing to provide property useable for a park, easements for hike/bike trails and/or
build a trail through the subdivision with the development. The fees could be collected from the
developer at the time of execution of the subdivision agreement or from the builder at the time of the
building permit.
Mr. Nabity also stated that council could put money in the general fund budget to fund these parks as
was currently done. Councilmember Whitesides suggested doing a combination of the two ideas, part
funded by the developers and part by the city. Fees based on lot size were discussed. Discussion was
held concerning when and where parks were put in. Mentioned were several parks that had been built
in the last several years. The goal was to have a park within one-half mile of every home.
Greg Baxter, 1723 Bridle Lane commented on the following points:
· High property taxes – increased burden on property owners
· We are largely an agricultural community of which the developer would have to pay the
taxes on the property (which are higher) before the development was completed
· Developers would have to bank roll these fees for several years before they would see a
return
· Would like to see the collection of fees at the time the lot was developed
· Grandfather clause existing developments
· Would like to see taxes take care of this or see the assessment at the time of occupancy
Page 3, City Council Study Session, April 20, 2004
Discussion was held concerning when to put parks in, before or during a development. Steve
Paustian, Parks and Recreation Director commented that what needed to be done now was for the
City to acquire farm ground at a lower cost that would guarantee a park throughout the community
and would be a bargaining chip for future development of parks.
Rudy Plate, 2209 East Stolley Park Road spoke in opposition and felt the city was discriminating
against the developers.
Discussion was had with regards to existing developments that do not have parks. Where does that
money come from? Mr. Nabity stated that a grandfather clause could be used. Mr. Paustian stated
that a date needed to be set at which time all funds from that time forward would go into a park
development fund.
Mr. Paustian explained the difference between neighborhood parks, community parks, and regional
parks were size and amenities.
Councilmember Pielstick recommended that this issue be brought back to council for a decision on a
fee per square foot paid by developers. Councilmember Gilbert questioned if there would be a
difference between residential and commercial.
Ray O’Connor, 422 South Gunbarrel Road spoke with regards to the square footage as being an
unfair way of assessing these fees. Also mentioned were commercial developers that should pay
these fees also. This was followed by a lengthy discussion concerning who would pay these fees.
Councilmember Whitesides stated that he felt the developers should pay these costs, not the tax
payers.
Dan Starostka, Kearney, Nebraska stated that these fees should be collected at the time of the
building permit based on house size. Dave Starostka, 176 Ponderosa also spoke in support of
collecting the fees at time of building permit.
Mr. Greer stated that this issue would be brought back to council within the next 30 days and that we
would try to compromise on this issue.
ADJOURNMENT: The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G4
Approving Appointment of Alternate to the Zoning Board of
Adjustment
The Mayor has submitted the appointment of Joanne Holmes to the Zoning Board of
Adjustment to fill the vacancy of alternate member. The appointment would become effective
immediately, upon approval by council, and would expire August 31, 2006. Approval is
recommended.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item G5
Approving Request of Fonner View Concessions, Inc. dba Fonner
View Golf Course, 2224 South Stuhr Road for Class "D1" Liquor
License
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G6
Approving Request of Wendy Willman, 2224 South Stuhr Road for
Liquor Manager Designation for Fonner View Golf Course, 2224
South Stuhr Road
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 27, 2004
Subject: Request of Wendy Willman, 2224 South Stuhr Road for
Liquor Manager Designation for Fonner View Golf
Course, 2224 South Stuhr Road
Item #’s: G-6
Presenter(s): RaNae Edwards, City Clerk
Background
Wendy Willman, 2224 South Stuhr Road has submitted an application with the City
Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “D1-
62894” Liquor License for Fonner View Golf Course located at 2224 South Stuhr Road.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. All departmental reports have been received. It
should be noted that there were discrepancies within the application and the Nebraska
Liquor Control Commission has notified us that this application would be set for hearing
before the Liquor Control Commission.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Wendy Willman for Liquor Manager Designation in
conjunction with the Class “D1-62894” Liquor License.
2. Disapprove or /Deny the request.
3. Table the issue
Recommendation
City Administration recommends that the Council approve this request.
Sample Motion
Approve the request of Wendy Willman, 2224 South Stuhr Road for Liquor Manager
Designation for Fonner View Golf Course, 2224 South Stuhr Road.
Item G7
Approving Request of Skagway Discount Dept Stores, Inc. dba
Skagway Discount Dept Stores, 620 West State Street for a Class
"DK" Catering Liquor License
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G8
#2004-72 - Approving Final Plat and Subdivision Agreement for
Richmond Fourth Subdivision
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: April 27, 2004
Subject: Richmond Fourth Subdivision - Final Plat
Item #’s: G-8
Presenter(s): Chad Nabity
Background
This final plat proposes to create 6 lots on a parcel of land in the NW ¼ SE ¼ Section 13, Township 11, Range
10. These lots front onto an existing public right-of-way.
Discussion
This is infill development along Diers Avenue between Old Potash Highway and Faidley Avenue. This
development of 6 lots is consistent with the preliminary plat presented for approval at the April 13 meeting of
the Grand Island City Council.
A utility easement is needed along the eastern edge of lots 1 and 2 extending from the south property line to 20
feet into lot 2. This utility easement needs to be a 20 feet wide. The owner/developer of the property is
working with the neighboring property owner to the east to place 10 feet of the 20 foot easement onto the
neighboring property. Planning commission did recommend approval of the final plat with the provision that
this easement be granted at a minimum width of 20 feet allowing that part of the easement may be place on
adjoining property.
This subdivision meets the requirements for a legal subdivision in Grand Island. The lot sizes and widths are
large enough for the B2 General Business Zone. Water and sewer are available to the subdivision and will be
extended to all lots by the developer. Standard subdivision agreements will apply to this subdivision.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Approve the final plat and Subdivision agreement as presented
2. Modify the final plat and subdivision agreement to meet the wishes of the Council
3. Table the issue
Recommendation
Planning Commission recommends that the Council approve the final plat and subdivision agreement.
Sample Motion
Approve the Richmond Fourth Subdivision and subdivision agreements.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-72
WHEREAS, Arlington Investment, Inc., a Nebraska corporation, as owner, has caused to
be laid out into lots, a tract of land comprising all of Lot Four (4), Richmond Third Subdivision and a part of
the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4), all in Section Thirteen (13), Township
Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County,
Nebraska, under the name of RICHMOND FOURTH SUBDIVISION, and has caused a plat thereof to
be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts 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 RICHMOND 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, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2004-88 - Approving Acquisition of Utility Easement - 420 N.
Diers Avenue - Drs. Grange, Pedersen & Brown
This item relates to the aforementioned Public Hearing item E-3.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-88
WHEREAS, a public utility easement is required by the City of Grand Island, from Drs.
Grange, Pedersen & Brown, a Nebraska general partnership, to install, upgrade, maintain, and repair public
utilities and appurtenances; and
WHEREAS, a public hearing was held on April 27, 2004, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot Three (3), Richmond Third
Subdivision in the City of Grand Island, Hall County, Nebraska, the ten (10.0) foot wide utility easement
and right-of-way being more particularly described as follows:
The westerly ten (10.0) feet of Lot Three (3) Richmond Third Subdivision. The above-
described easement and right-of-way containing 0.066 acres, more or less, as shown on
the plat dated April 7, 2004, 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 Drs. Grange, Pedersen & Brown, a Nebraska general
partnership, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2004-89 - Approving Acquisition of Utility Easement - West of
Blaine Street, South of Hwy. 34 - Steve and Ginger Johnson
This item relates to the aforementioned Public Hearing item E-4.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-89
WHEREAS, a public utility easement is required by the City of Grand Island, from Steve
Johnson and Ginger Johnson, husband and wife, to install, upgrade, maintain, and repair public utilities and
appurtenances; and
WHEREAS, a public hearing was held on April 27, 2004, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot Three (3), Richmond Third
Subdivision in the City of Grand Island, 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 Lot Two (2) Heavenly Haven Third Subdivision;
thence northerly along the easterly line of said Lot Two (2), a distance of one hundred fifty
three and fifty two hundredths (153.52) feet to the Actual Point of Beginning; thence
deflecting left 87º6'11" and running westerly, a distance of three hundred forty five (345.0)
feet. The side lines of the above described tract shall be prolonged or shortened as required
to terminate on the easterly boundary of Grantor's property.
The above-described easement and right-of-way containing 0.16 acres, more or less, as
shown on the plat dated April 1, 2004, 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 Steve Johnson and Ginger Johnson, husband and wife,
on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2004-90 - Approving Acquisition of Utility Easement - 1115 Allen
Drive - Allen
This item relates to the aforementioned Public Hearing item E-5.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-90
WHEREAS, a public utility easement is required by the City of Grand Island, from Robert
M. Allen Family Limited Partnership and Allen Parcel 24, L.L.C., to install, upgrade, maintain, and repair
public utilities and appurtenances; and
WHEREAS, a public hearing was held on April 27, 2004, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot Six (6), Meadowlark West
Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility
easement and right-of-way being more particularly described as follows:
The easterly sixty (60.0) feet of the southerly twenty (20.0) feet of Lot Six (6) Meadowlark
West Fourth Subdivision. The above-described easement and right-of-way containing
0.027 acres, more or less, as shown on the plat dated April 14, 2004, 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 Robert M. Allen Family Limited Partnership and Allen
Parcel 24, L.L.C., on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2004-91 - Approving Connection Fees for Water Main District
No. 442T
This item relates to the aforementioned Board of Equalization Item D-4.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-91
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2004-BE-6 shall not be
levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County,
Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A connection fee in the amount of the benefit
identified below accruing to each property in the district shall be paid to the City of Grand Island at the time
such property becomes connected to the water main. No property benefited as determined by this
resolution shall be connected to the water main until the connection fee is paid. The connection fees
collected shall be paid into the fund from which construction costs were made to replenish such fund for the
construction costs.
According to the front foot and area of the respective lots, tracts, and real estate within such Water
Main District 442T, such benefits are the sums set opposite the descriptions as follows:
Name Description Connection
Fee
Grand Island Surgical Center, LLC Part of Lot Nine (9), Richmond Subdivision, more
particularly described as follows: The easterly two
hundred sixty-five and ninety-nine hundredths (265.99)
feet of the northerly three hundred (300.0) feet of Lot
Nine (9) Richmond Subdivision in the City of Grand
Island, Hall County, Nebraska
5,142.43
CALM Part of Lot Thirteen (13), Richmond Subdivision, more
particularly described as follows: The westerly two
hundred thirty six and seventy one hundredths (236.71)
feet of the northerly three hundred (300.0) feet of Lot
Thirteen (13) Richmond Subdivision in the City of Grand
Island, Hall County, Nebraska
4,576.36
* This Space Reserved for Register of Deeds *
- 2 -
TOTAL $9,718.79
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2004-92 - Approving Certificate of Final Completion and Setting
of Board of Equalization Date for Water Main District 444 - Mary
Lane Subdivision
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: April 27, 2004
Subject: Water Main District 444 – Mary Lane Subdivision –
Certificate of Final Completion and Setting of Date of the
Board of Equalization
Item #’s: G-13
Presenter(s): Gary R. Mader, Utilities Director
Background
Water Extension District 444 was created to address ground water contamination
by 1,1-dichloroethylene and tetrachloroethylene in the private wells within
Marylane Subdivision. The subdivision is located east of North Road and north
of Husker Hwy.
The project installed a 6” diameter water main and service lines in Mary Lane and
Valley View Ave nue. The construction provides City water service to all lots
within the subdivision.
Discussion
CNH has entered into an agreement to reimburse the City for the construction cost
associated with the water main and service lines. The total cost of construction
was $93,651.44. CNH share of the total cost is $86,287.93. The remainder of
$7,363.51 is the City’s share due to the layout of the area previously served, and
the cost of the main placed in Valley View Avenue. This section of piping will
provide City services to meet future system extensions.
In a routine assessment district the costs to serve the properties within the
District’s boundary, would be paid for by the individual property owners. The
assessment amounts have been computed for the properties within the district.
However, since the appropriate costs have been agreed to be paid by CNH, the
assessment payments are planned to be made by CNH. CNH has paid $73,813.45
to date and has been billed for the remaining balance due.
Alternatives
It appears the following alternatives concerning the issue are at hand:
1. Set the Board of Equalization date for May 25, 2004 to determine
benefits and assessments for the properties within the boundary of
the District.
2. Deny the issuance of the Certificate of Final Completion for Water
Extension District 444.
3. Table the issue.
Recommendation
City Administration recommends the Certificate of Final Completion be approved
by the City Council and that May 25, 2004 be set as the date of the Board of
Equalization to determine benefits and assessments for the properties within the
boundary of Water Extension District 444, located in Mary Lane Subdivision.
Attached are copies of the calculations, ownership records, and district’s plat.
Sample Motion
Move that the Certificate of Final Completion for Water Main District 444 be approved
and that the Board of Equalization be set for May 25, 2004.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-92
WHEREAS, the Utilities Director of the City of Grand Island has issued his Certificate of
Final Completion for Water Main District 444 in Mary Lane and Valley View Avenue, certifying that
Starostka Group of Grand Island, Nebraska, has completed such project according to the terms,
conditions, and stipulations for such improvements; and
WHEREAS, the Utilities Director recommends the acceptance of the final completion; and
WHEREAS, the Mayor concurs with the Utilities Director's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Utilities Director's Certificate of Final Completion for Water Main District 444 is hereby
confirmed and approved.
2. The City Council will sit as a Board of Equalization on May 25, 2004 to determine benefits and set
assessments for Water Main District 444.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2004-93 - Approving Contract Award for Engineering Services
for Fuel Storage and Handling Areas Evaluation and Upgrades -
Utilities Department
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: April 27, 2004
Subject: Award Contract for Fuel Storage & Handling Upgrade-
Eng. Services - Platte Generating Station
Item #’s: G-14
Presenter(s): Gary R. Mader, Utilities Director
Background
Platte Generating Station fueling facilities currently consist of a 500,000 gallon No. 2 fuel
bulk storage tank surrounded by an earthen berm, a locomotive fueling area, an above ground
gasoline tank and two smaller above ground No. 1 diesel fuel tanks. C.W. Burdick Station
fueling facilities consist of a No. 6 fuel oil bulk storage area with a 4.5 million gallon
capacity and a No. 2 fuel oil bulk storage area with a 450,000 gallon capacity. Both tank
areas are surrounded by earthen berms. There are also two smaller above ground diesel and
gasoline tanks. The bulk oil storage areas at Burdick Station have been in place since the
1950’s and the facilities at PGS since the early 80’s.
New Federal regulations for Oil Pollution Prevention [40 CFR Part 112] require that the
containment around bulk oil storage facilities and associated loading areas be “sufficiently
impervious to contain oil”. In addition, because the total fuel capacity of the fuel tanks at the
C.W. Burdick Station is over 1,000,000 gallons, the regulations require an analysis of the
consequences of a worst-case catastrophic release of oil on downstream users and sensitive
environments. The new regulations will require a thorough review and upgrade of the
current bulk oil storage facilities.
Anticipated activities necessary to meet the Federal regulations include:
? Evaluation of the oil containment and fuel transfer areas at all bulk oil storage areas.
? Design of necessary upgrades for the earthen berms and associated fuel transfer areas
at both plants.
? Evaluation and design of a new vehicle fueling facility at PGS that would eliminate
the existing three separate fueling areas.
? Evaluation of a worst case release of oil from C.W. Burdick Station.
Discussion
A Request for Proposal for engineering services to evaluate the existing facilities and design
necessary upgrades to the fuel storage and handling facilities was drafted by plant staff and
advertised in accordance with City procurement procedures. Engineering services for this type of
project have typically been solicited by the Department on an actual cost/not to exceed basis,
which allows for changes in the work scope as the project progresses. Changes in procurement or
installation requirements often occur as detailed engineering is performed and this arrangement
has been found to be the most equitable for both the City and the engineer. Proposals were
received from the following firms.
HWS Consulting, Lincoln, NE
RDG Geoscience, Omaha, NE
HDR, Omaha, NE
Black & Veatch, Overland, KS
MFG, Inc., Omaha, NE
Utility engineering staff reviewed the bids for compliance with the City’s detailed specifications.
Using a matrix of the Department’s established evaluation criteria, which included fees, company
and personnel experience, contract forms, and proposal responsiveness. Each proposal was
independently reviewed by each of the three members of the evaluation group. A tabulation of
the evaluation factors indicated a consensus selection of the firm of Black & Veatch for this
project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the contract award to Black & Veatch for the Fuel Storage & Handling
Upgrade-Engineering Services.
2. Deny the award of the contract for the Fuel Storage & Handling Upgrade-
Engineering Services.
3. Modify the contract for the Fuel Storage & Handling Upgrade-Engineering Services
to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that Council award the contract for Fuel Storage & Handling
Upgrade – Engineering Services to Black & Veatch of Overland, KS, in an amount not to exceed
$59,600.
Sample Motion
Approve the award of the contract for Fuel Storage & Handling Upgrade-Engineering Services to
Black & Veatch of Overland, KS.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-93
WHEREAS, the City of Grand Island invited proposals for Engineering Services for Fuel
Storage and Handling Areas – Evaluation and Upgrades for the Utilities Department, according to plans and
Request for Proposals on file at the Platte Generating Station; and
WHEREAS, proposals were due on April 2, 2004; and
WHEREAS, Black & Veatch of Overland Park, Kansas, submitted a proposal in
accordance with the terms of the Request for Proposals and all other statutory requirements contained
therein; such proposal being in an amount not to exceed $59,600; and
WHEREAS, a proposed agreement with Black & Veatch for such services has been
reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Black & Veatch of Overland Park,
Kansas for Engineering Services for Fuel Storage and Handling Areas – Evaluation and Upgrades for an
amount not to exceed $59,600 is hereby approved.
BE IT FURTHER RESOLVED, that an agreement between the City and such contractor
be entered into for such project; and the Mayor is hereby authorized and directed to execute such
agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2004-94 - Approving Certificate of Final Completion and Setting
Date of Board of Equalization Hearing for Sidewalk District No.
1, 2003
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E. Director of Public Works
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: April 27, 2004
Subject: Certificate of Final Completion for Sidewalk District
No. 1, 2003
Item #’s: G-15
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
A contract in the amount of $22,615.40 for Sidewalk District No.1, 2003 was
awarded to Galvan Construction Inc., of Grand Island on October 22, 2003. Work
on the project was completed in April 2004.
Discussion
The work for Sidewalk District No. 1, 2003 has been completed in accordance with the
terms, conditions, and stipulations of said contract and complies with the contract, the
plans, and the specifications. The project was completed on schedule at a construction
price of $12,981.80. Total cost of the project, including Engineering Services, is
$14,239.98. The original contract amount was based off of installing sidewalk along
twenty-one (21) properties. Eight (8) of the properties had the sidewalks installed by a
different contractor thus the project was completed at a lesser amount than what the
contract was for. The majority of costs for this project will be assessed to the adjacent
properties.
Alternatives
1. Approve the Certificate of Final Completion.
2. Disapprove or /Deny the Certificate of Final Completion for Sidewalk District
No. 1, 2003.
3. Modify the Certificate of Final Completion to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Sidewalk District No. 1, 2003 and set the Board of Equalization date of
May 25, 2004.
Sample Motion
Move to approve the Certificate of Final Completion and set the Board of Equalization
for Sidewalk District No. 1, 2003.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
SIDEWALK DISTRICT NO. 1, 2003
CITY OF GRAND ISLAND, NEBRASKA
APRIL 27, 2004
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that SIDEWALK DISTRICT NO. 1, 2003 has been fully completed by Galvan Construction
Inc. of Grand Island under contract dated October 30, 2003. The work has been completed in accordance
with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the
specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Director of
Public Works in accordance with the provisions of Section 16-650 R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and costs and that this
certificate shall constitute the Final Payment for this work.
SIDEWALK DISTRICT NO. 1, 2003 is located at various properties throughout Grand Island
Item
Description
Total
Quantity
Unit Price
Total Cost
1 4” PCC Sidewalk 5852 2.15 s.f. 12,581.80
2 Supply Fill Material and Fill Ditch 400.00 1 l.s. 400.00
TOTAL CONSTRUCTION COST
SIDEWALK DISTRICT NO. 1, 2003
$ 12,981.80
LESS AMOUNT PREVIOUSLY PAID CONTRACTOR $ 0
BALANCE DUE CONTRACTOR THIS FINAL PAYMENT $ 12,581.80
Engineering and Publication Costs – City $ 1,258.18
TOTAL COST SIDEWALK DISTRICT NO. 1, 2003 $ 14,239.98
Amount Assessable to Property Owners $ 13,839.98
City Cost For Fill Material $ 400.00
Respectfully submitted,
Steven P. Riehle, P.E.
Director of Public Works
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
April 27, 2004
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Sidewalk District No. 1, 2003 be
approved and a warrant be issued from Account No. 40033535-90072 in the amount of $12,581.80; payable
to Galvan Construction Inc. for the total amount due the contractor of $12,581.80.
I further recommend that the costs of City Engineering and publication costs be credited to Account No.
100.130.04516 from account 40033535-90072 in the amount of $1,258.18.
I further recommend that the City Council sit as a Board of Equalization on May 25, 2004 to determine
benefits and levy special assessments.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-94
WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate
of Final Completion for Sidewalk District No. 1, 2003, certifying that Galvan Construction, Inc. of Grand
Island, Nebraska, under contract dated October 22, 2003, 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 Sidewalk District No. 1,
2003, is hereby confirmed.
2. A warrant be issued from Account No. 40033535-90072 in the amount of $12,581.80
payable to Galvan Construction, Inc. for the total amount due the contractor.
3. The costs of engineering and publication costs in the amount of $1,258.18 be credited to
Account No. 100.130.04516 from Account No. 40033535-90072.
4. The City Council will sit as a Board of Equalization on May 25, 2004 to determine benefits
and set assessments for Sidewalk District No. 1, 2003.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2004-95 - Approving Certificate of Compliance with Nebraska
Department of Roads Maintenance Agreement Number 12 for
Calendar Year 2003
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works DIrecto
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Public Works Director
Meeting: April 27, 2004
Subject: Approving Certificate of Compliance with the Nebraska
Department of Roads Maintenance Agreement No. 12 for
the Calendar Year 2003
Item #’s: G-16
Presenter(s): Steven P. Riehle, P.E., Public Works Director
Background
Each year the City and the Nebraska Department of Roads have an agreement for
the maintenance of roadways that are State responsibility but within the City
Limits. An agreement between the City and the Nebraska Department of Roads
was entered into for the calendar year 2003 at the January 28, 2003 regular
Council meeting.
Discussion
The agreement requires the Council to pass a resolution to certify that the City has
completed the work as required by Maintenance Agreement 12 for the calandar year
2003. The City will receive payment from the State for $26,826 for the work performed.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve authorizing the Mayor to sign the Certificate of Compliance.
2. Disapprove or /Deny the authorization for the Mayor to sign Certificate of
Compliance.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council pass a Resolution authorizing the
Mayor to sign the Certificate of Compliance.
Sample Motion
Approve authorization for the Mayor to sign the Certificate of Compliance.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-95
WHEREAS, each year the City of Grand Island enters into a maintenance agreement with
the State Department of Roads with respect to the maintenance of certain state roads within the corporate
limits of Grand Island; and
WHEREAS, the City has complied with all roadway surface maintenance work for the
calendar year 2003 in accordance with the agreement; and
WHEREAS, upon receiving the City's Certificate of Compliance, the state will reimburse
the City for maintenance work performed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island has complied with the
terms of Maintenance Agreement No. 12 for calendar year 2003; and the Mayor is hereby authorized and
directed to execute the Certificate of Compliance for such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2004-96 - Approving Renewal of Maintenance Agreement
Number 12 with the State of Nebraska Department of Roads for
2004
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Public Works Director
Meeting: April 27, 2004
Subject: Approving Renewal of Maintenance Agreement No. 12
with the Nebraska Department of Roads
Item #’s: G-17
Presenter(s): Steven P. Riehle, P.E., Public Works Director
Background
Each year the City and the Nebraska Department of Roads have entered into an
agreement for the maintenance of the roadways that are State responsibility but
are within the City Limits. The annual agreement for 2004 has been prepared.
The content and scope of the agreement are similar to that of previous years.
Discussion
The City performs street maintenance and snow removal on certain portions of the State
highway system within the corporate limits. This work is routinely performed in
conjunction with other local street duties. The Nebraska Department of Roads performs
snow removal duties in the outer corporate limit areas of the highway system that are
more accessible for them. Both the City and the State benefit from this arrangement. The
net result of this exchange of services for 2004 will be a payment to the City of
$34,731.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the renewal of Maintenance Agreement No. 12.
2. Disapprove or /Deny the renewal of Maintenance Agreement No. 12.
3. Modify Maintenance Agreement No. 12 to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council pass a Resolution approving
Maintenance Agreement No. 12.
Sample Motion
Approve the renewal of Maintenance Agreement No. 12 with the Nebraska Department
of Roads for 2004.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-96
WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into
Maintenance Agreement No. 12 with the State Department of Roads with respect to the maintenance of
certain state roads within the corporate limits of Grand Island; and
WHEREAS, this agreement requires annual renewal by both parties thereto; and
WHEREAS, it is in the best interest of the City of Grand Island to renew Maintenance
Agreement No. 12, to be effective January 1, 2004.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the renewal of Maintenance Agreement No. 12 for
the term January 1, 2004 through December 31, 2004 is hereby approved; and the Mayor is hereby
authorized and directed to execute such renewal agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2004-97 - Approving Change Order No. 1 to the Contract with
J.T. Jones Construction for the Waste Water Treatment Plant
Solids Handling Project
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: April 27, 2004
Subject: Approving Change Order No. 1 to the Contract with J.T.
Jones Construction for the 2003 Waste Water Treatment
Plant-1, Solids Handling Improvements Project
Item #’s: G-18
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
Any change orders to the contract must be approved by City Council. The construction
contract was awarded to J.T. Jones, Fargo, North Dakota, on October 14, 2003.
Discussion
The WWTP is staffed with one operator for the evening & graveyard shifts to keep
operational costs down. There is not a secured gate at the main plant drive. We get
unexpected visitors to the plant at night when the operator may be out of the office
checking on plant operations. Operators have expressed concerns about how open the
facility is. The plan sheet for improvements to the main entrance driveway & a gate were
prepared by city staff and consultant CH2MHill. The change order price was negotiated
with John T Jones Construction. City staff and CH2MHill reviewed the work items
needed to build the secure entrance to ensure that the price was fair & reasonable. An
application was made for Homeland Security funds. Administration recommends the
secure entrance be built even if the grant is not approved. J.T. Jones Construction
prepared Change Order No. 1 to include the following changes:
Original Contract $ 8,462,000.00
1) Modification for secured entry to WWTP complex $ 66,490.00
2) Two (2) hose reels required for cleaning process area $ 2,993.00
3) Relocate drain piping and vent piping $ 661.00
4) Relocate 4” equipment floor drain $ 172.00
5) Replace existing deteriorated electrical pull box $ 1,176.00
6) Flex coupling for Bio-filter piping $ 7,137.00
Revised Contract $ 8,540,629.00
Sufficient funds are available in account 53030054-85213.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve Change Order No.1 so as the contract amount for the 2003
Wastewater Treatment Plant -1, Solids Handling Improvements Project would
be $8,540,629.00.
2. Disapprove or /Deny Change Order No. 1.
3. Modify the Change Order to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council pass a resolution authorizing the
Mayor to execute the Change Order.
Sample Motion
Approve Change Order No. 1 to the contract with J.T. Jones Construction Company for
the 2003 Wastewater Treatment Plant – 1, Solids Handling Improvements Project.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-97
WHEREAS, on October 14, 2003, by Resolution 2003-296, the City of Grand Island
awarded the bid for the construction of sludge handling improvements (Project 2003-WWTP-1) to John T.
Jones Construction of Fargo, North Dakota; and
WHEREAS, it has been determined that modifications to the work to be performed by
John T. Jones Construction are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modifications will increase the contract amount by
$78,629.00 for a revised contract price of $8,540,629.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute
Change Order No. 1 between the City of Grand Island and the John T. Jones Construction of Fargo, North
Dakota to provide the modifications set out as follows:
Modification for secured entry to WWTP complex....................................................................66,490.00
Addition of two hose reels for cleaning process area....................................................................2,993.00
Relocate drain piping and vent piping............................................................................................661.00
Relocate 4" equipment floor drain ................................................................................................172.00
Replace existing deteriorated electrical pull box............................................................................1,176.00
Addition of flex coupling for Bio-filter piping...............................................................................7,137.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2004-98 - Approving Interlocal Agreement with Hall County
Relative to Joint Special Weapons and Tactics Team (SWAT)
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Council Agenda Memo
From: Kyle L. Hetrick, Chief of Police
Meeting: April 27, 2004
Subject: Approving Inter-local Agreement between
City of Grand Island and Hall County for
Joint Special Weapons and Tactics Team
Item #: G-19
Presenter(s) Kyle L. Hetrick, Chief of Police
Doug Walker, City Attorney
Background
County Attorney Jerry Janulewicz and City Attorney Doug Walker have recommended
that the Joint Special Weapons and Tactics Team created in 1998 between members of
the Hall County Sheriff’s Office and the Grand Island Police Department, formalize their
cooperative team in the structure of an inter-local governmental agreement. They
initiated this dialogue in the fall of 2003.
Discussion
Previous authorization for the combined HCSO/GIPD SWAT team came from state
mutual aid statutes. The inter-local format more clearly delineates shared police
authority and jurisdiction. Though departmental policy was agreed to by Sheriff Watson
and Chief Hetrick and those policies are incorporated within the inter-local agreement,
Neb. Rev. Stat. 29-215 allows for more descriptive responsibilities between the
governing entities.
After review and preparation by City and County legal staffs, Pamela Lancaster,
Chairperson of the Hall County Board, Marla Conley, County Clerk, and Jerom
Janulewicz, Hall County Attorney, signed and executed this inter-local agreement on
March 9, 2004. It is brought to the council for their consideration.
Alternatives
It appears that the Council has the fo llowing alternatives concerning the issue at hand.
The Council may:
1. Approve the Inter-local Agreement
2. Disapprove or/Deny the Inter-local Agreement
3. Modify the Inter-local Agreement to meet the wishes of the Council
4. Table the issue.
Recommendation
City Ad ministration recommends that the Council approve the Inter-local Agreement.
Sample Motion
Approve the Inter-local Agreement between the County of Hall and the City of Grand
Island for the Joint Special Weapons and Tactics Team.
Approved as to Form ¤ ___________
April 22, 2004 ¤ City Attorney
R E S O L U T I O N 2004-98
WHEREAS, the Hall County Sheriff and the Grand Island Police Chief have determined
that efficient and effective law enforcement and police protection for the residents of the County of Hall and
the City of Grand Island require the formation and operation of a joint Special Weapons and Tactics Team
(SWAT) comprising of members of the County's Sheriff's Office and the City's Police Department; and
WHEREAS, the SWAT will be operated under the direction of the Hall County Sheriff and
the Grand Island Police Chief; and
WHEREAS, an interlocal agreement has been prepared which provides for sharing of in-
kind services and costs by the City and the County toward the development and operation of a joint SWAT
team; and
WHEREAS, the City Attorney has reviewed and approved such interlocal agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the
County of Hall and the City of Grand Island for Joint Special Weapons and Tactics Team (SWAT) 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, April 27, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item J1
Payment of Claims for the Period of April 14, 2004 through April
27, 2004
The Claims for the period of April 14, 2004 through April 27, 2004 for a total of
$2,299,811.18. A MOTION is in order.
Tuesday, April 27, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council