09-28-2004 City Council Regular Meeting PacketCity of Grand Island
Tuesday, September 28, 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.
Pastor Randy Fett, St. Paul Lutheran Church, 1515 South
Harrison 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 "Senator Ray Aguilar Appreciation Week"
September 27, 2004
Positive leadership is vital to the long term interests of our citizens and a strong community.
Senator Ray Aguilar has shown many of these important characteristics. He has shown a
strong knowledgeable voice representing the largest number of Grand Island citizens in
Nebraska's Legislature. The Mayor has proclaimed the week of September 27, 2004 as
"Senator Ray Aguilar Appreciation Week". See attached PROCLAMATION.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, it’s always my desire to promote positive leadership in Grand
Island ; and
WHEREAS, positive leadership takes many forms and is many times
challenged and subject to scrutiny and personal peril; and
WHEREAS, positive leadership can enrich the lives of others without
personal reward while risking self sacrifice; and
WHEREAS, community service is vital to the best long term interests of our
citizens and strong community service by all our people, should
always be encouraged, not discouraged and that such service
needs to be acknowledged with gratitude from time to time; and
WHEREAS, community service embraces contributions from men, women,
and children of all walks of life including volunteers to veterans
and yes, elected officials ; and
WHEREAS, a strong knowledgeable voice needs to be aggressive at times
and passionate…a voice of reason, a voice to persuade, a voice
to capably express and protect and balance the best interest of so
very many; and
WHEREAS, Senator Ray Aguilar represents the largest number of Grand
Island citizens in Nebraska’s Legislature.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska,
do hereby proclaim the week of September 27, 2004 as
“SENATOR RAY AGUILAR
APPRECIATION WEEK”
in the City of Grand Island, and do hereby extend our city’s
gratitude for the many years of community service of Senator
Ray Aguilar and welcome his continued efforts…knowing
history alone, is always the final judge of our deeds on this
earth.
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
September in the year of our Lord Two Thousand and Four.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item C2
Recognition of Contributors to the Great Summer Youth Program
The Mayor and City Council will recognize contributors to the Great Summer Youth
Program sponsored by the Grand Island Police Department. The following contributors will
be recognized at the Council meeting: Tom Dinsdale Chevrolet, Super Saver, Howard
School, Grand Island School Systems, Coca-Cola, Sam's Club, Wal-Mart, and Bosselman.
We would like to thank these contributors for supporting the Great Summer Youth
Program's success.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Item E1
Public Hearing for a Nebraska Department of Economic
Development Planning Grant
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Development Specialist
Meeting: September 28, 2004
Subject: Public Hearing for a Nebraska Department of Economic
Development Planning Grant
Item #’s: E-1 & G-7
Presenter(s): Joni Kuzma, Development Specialist
Background
The Nebraska Department of Economic Development is offering a second cycle of
funding for a CDBG Planning Grant. There are funds available from NDED for the
second cycle between October 1st and the 15th, 2004. The City of Grand Island is eligible
for those funds as an incorporated municipality under 50,000 population. The City will
apply under the Planning activity of “community strategic planning” for a needs
assessment of homeless and homeless housing needs in Grand Island, the area served by
Hope Harbor (Hall, Hamilton, Howard and Merrick Counties, and the tri-city area).
Because of multi-county involvement, the City may apply for a grant up to $40,000. Inter
local agreements with Hall County, Hamilton County, Howard County, Merrick County,
Kearney County, Buffalo County, the City of Hastings and the City of Kearney are
required for the Planning Grant.
A public hearing is required prior to submission of an application to the Nebraska
Department of Economic Development to solicit public comment and input into the
proposed project and grant application.
Discussion
Homelessness and homeless housing are an on-going issue in Central Nebraska. Hope
Harbor provides housing and services to the majority of homeless persons in this area and
works closely with other homeless service providers. On occasion, homeless housing is
not available in Grand Island so clients are referred to the Hastings homeless facility. The
study will address both local and tri-city homeless needs. A Planning Grant would fund a
feasibility study to determine the needs of homeless persons and homeless housing needs
in the Hall County homeless service area for the next 5 years. The study supports the
Nebraska Department of Economic Development priority of ending chronic
homelessness in Nebraska in the next 5 years.
The City will enter into an inter local agreement with Hamilton County, Howard County,
Merrick County, Hall County, Kearney County, Buffalo County, the City of Hastings and
the City of Kearney. The inter-local agreement identifies the City as Grant Administrator
on behalf of all involved entities. The City will apply for and administer a $40,000
Planning Grant, of which $2,800 will fund General Administration. Hope Harbor will
provide the $9,300 required match.
Notice of the public hearing was given in the September 18, 2004 Grand Island
Independent.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Planning Grant application, inter local agreements and give
approval for the Mayor to sign all related documents.
2. Disapprove or /Deny the Planning Grant application and inter local
agreements.
3. Modify the Planning Grant application and inter local agreements to meet the
wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that public comment be solicited regarding the
proposed application and that Council gives approval to the Planning Grant application
and gives approval for the Mayor to sign all related documents.
Sample Motion
Approve the submission of the proposed application and authorize the Mayor to sign all
related documents.
INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PLANNING GRANT
FROM THE NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT
BY AND BETWEEN
THE COUNTY OF BUFFALO
AND
THE CITY OF GRAND ISLAND
THIS AGREEMENT is made and entered into this ___ day of ______, 2004, by
and between the County of Buffalo, a body politic and corporate and a political subdivision of
the state of Nebraska. herinafter referred to as the “County”, and the City of Grand Island, a
municipal corporation, herinafter referred to as the “City”, for the administration of a planning
block grant from the Nebraska Department of Economic Development. WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, Neb. Rev. State §13-801, et.seq. provides
that units of local government of the State of Nebraska and Nebraska state agencies may enter
into agreement for the joint and cooperative exercise of powers, privileges, or authority capable
of being exercised by either agency; and
WHEREAS, Neb. Rev. Stat. §13-801 provides that any one or more public agencies may
contract with any one or more public agencies to perform any governmental service, activity, or
other undertaking which each public agency entering into the contract is authorized by law to
perform; and
WHEREAS, the County and the City are public agencie s as defined by Neb. Rev. Stat. §
13-801; and
WHEREAS, the County and the City are authorized by state law to receive, administer
and expend Community Development Block Grant Funds for planning development; and
WHEREAS, Community Development Block Grant must be administered through an
individual who has been certified by the Nebraska Department of Economic Development; and
WHEREAS, the County currently utilizes the services of Hope Harbor for their homeless
and near homeless residents and wishes to be included in the planning grant to identify future
services for homeless and near homeless residents in their community.
NOW, THEREFORE, the parties mutually covenant and agree as follows:
1. The City shall apply for a planning block grant from the Nebraska Department of
Economic Development in the amount of $40,000 to be used to pay for the creation
of a plan to address homelessness and homeless housing issues in the City of Grand
Island and the Hope Harbor service area.
2. The City will provide properly certified staff to administer the grant funds.
3. The parties agree that an administrative fee from the grant of $2,800 represents a fair,
reasonable and appropriate value for the administrative service to be provided by the City of
Grand Island. The City through its staff shall provide the services hereunder at no cost to
Buffalo County. The Administrative fee provided in the grant shall be used by the City
solely for purposes of the grant.
4. It is the expressed intent of the parties that this Agreement shall not create an
employer/employee relationship between the County and the City’s staff, who shall be directed and supervised by the City. The City shall not receive compensation of
any sort for services rendered except as specifically set forth in this Agreement.
5. This Agreement may be modified by mutual agreement of the parties hereto.
6. This Agreement shall have a term of two (2) years from the date of the final award
of grant to the City. This Agreement may be terminated at any time by either party
upon thirty (30) days written notice mailed or delivered to the other party.
7. This Agreement shall become effective immediately upon lawful approval and
execution by the parties and shall remain in full force and effect until such time as it
is amended or terminated pursuant to the provisions herein. Provided, however, it is
expressly understood and agreed by the parties that this agreement and the
obligations, duties, and responsibilities expressed herein are contingent upon the
receipt by the County of the above-described grant from the Nebraska Department
of Economic Development. If said grant award is not made, this Agreement shall be
null and void and of no effect.
8. There shall be no separate legal entity created through this interlocal cooperation
agreement. Said agreement shall be jointly administered by the City of Grand Island
and the County of Buffalo.
9. Any property acquired or made available by any party to this agreement for the
purposes of this agreement shall remain the property of the party acquiring or
making such property available and shall be disposed of by such party as provided by
law, regulation or ordinance governing the same.
10. This Agreement shall be financed by funds available to the parties hereto, including,
but not limited to grant funds awarded by the Nebraska Department of Economic
Development.
11. Pursuant to the Inter local Cooperation Act, any party to this agreement, in the
party’s sole discretion, may appropriate funds and may sell, lease, give or otherwise provide assistance, including personnel and services, as may be within the party’s
legal power to furnish.
EXECUTED this ___ day of _____, 2004.
City of Grand Island, Nebraska County of Buffalo
by:______________________ by:_________________________
Jay Vavricek, Mayor
[attest] [attest]
_________________________ ____________________________
RaNae Edwards, City Clerk , County Clerk
Approved as to form: Approved as to form:
_________________________ ____________________________
Doug Walker, City Attorney , Buffalo County Attorney
Item E2
Public Hearing on Acquisition of Utility Easement - Southwest
Corner of 1123 N. St. Paul Road - Habitat for Humanity
Tuesday, September 28, 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: September 28, 2004
Subject: Acquisition of Utility Easement – Southwest Corner of
1123 N. St. Paul Road – Habitat for Humanity
Item #’s: E-2 & G-6
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 the Grand Island Area Habitat for Humanity, Inc., located in the southwest corner of
property located at 1123 N. St. Paul Road, 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 relocate a power pole to the south edge of the property to
facilitate the construction of a new home. The relocation of the pole was requested by
the Grand Island Area Habitat for Humanity who agreed to pay for the move.
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 E3
Public Hearing on Request of Elks BPO Lodge 604, dba Elks BPO
Lodge 604, 631 South Locust Street for Addition to their Class "C-
01463" Liquor License
Tuesday, September 28, 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: September 28, 2004
Subject: Public Hearing on Request of Elks BPO Lodge 604 dba
Elks BPO Lodge 604, 631 South Locust Street for an
Addition to their Class “C-01463” Liquor License
Item #’s: E-3 & G-3
Presenter(s): RaNae Edwards, City Clerk
Background
Elks BPO Lodge 604 dba Elks BPO Lodge 604, 631 South Locust Street has submitted
an application for a 24 x 28 addition to their current Class “C-01463” Liquor License.
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 fo llowing alternatives concerning the issue at hand.
The Council may:
1. Approve the request for Elks BPO Lodge 604, 631 South Locust Street for an
addition to their Class “C-01463” 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.
Sample Motion
Approve the request of Elks BPO Lodge 604, 631 South Locust Street for an addition to
their Class “C-01463” Liquor License.
Item F1
#8936 - Consideration of Amending Chapter 20 of the Grand
Island City Code Relative to Nuisances
Tuesday, September 28, 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: September 28, 2004
Subject: Nuisance Code Changes
Item #’s: F-1
Presenter(s): Douglas R. Walker, City Attorney
Background
At the September 7, 2004, Study Session, a new nuisance ordinance was discussed with
the City Council that would make additions to Sections 20-11 and 20-13. The ordinance
will also add a new Section 20-13.1 to the City Code which is now being submitted to
you for final passage.
Discussion
The changes that were made to the ordinance as originally proposed are as follows:
1. In Section 20-11, it has been revised to state that objects will be removed
immediately upon giving personal notice or posting property where items
are on the city street right-of-way.
2. Code Section 20-11, subsection (C) has an additional sentence which sets
forth a daily storage fee, a disposal fee and an administrative fee for items
that are removed from the right-of-way by the city. This is being done to
cover the city’s costs in removing the items and to remove any incentive
for people seeking to dispose of their property by having the city handle it.
3. Proposed Section 20-13 has been revised since the September 7th meeting
to remove the old subsection (C) which was “offends decency”. The other
sections of this ordinance are the same as proposed earlier.
4. Proposed Section 20-13.1, subsection (A) has been revised to remove the
words “hides” and “skins”. Elsewhere in this subsection of the ordinance
any part of a dead animal, fish or fowl may be considered a nuisance if it
is in an odorous, putrid, unsound or unwholesome condition.
5. Subsection (D) of proposed Section 20-13.1 has been revised to address
the concerns that were expressed at the earlier meeting regarding animal
manure. This subsection now addresses issues of animal manure in a
quantity that would cause an abundance of flies, odorous conditions or
other health hazards or which is kept or handled in violation of any
provisions of the City Code.
6. In subsection (E) of Section 20-13.1, there has been one word changed in
line three from the word “provided” to the word “approved”, which is
more appropriate in that sentence. All other remaining portions of the
ordinance are the same as presented to the City Council at the September
7, 2004 meeting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the ordinance as revised and proposed by city administration.
2. Disapprove or /Deny the ordinance as currently drafted.
3. Make further modifications to the proposed ordinance to meet the wishes of
the City Council.
4. Table the issue.
Recommendation
City Administration recommends that the proposed ordinance as revised since the
September 7th meeting be approved as drafted.
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
ORDINANCE NO. 8936
An ordinance to amend Chapter 20 of the Grand Island City Code; to amend
Section 20-11 pertaining to obstructing public right-of-way; to amend Section 20-13 pertaining
to nuisances; to add Section 20-13.1 defining a nuisance; to repeal Sections 20-11 and 20-13 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 20-11 of the Grand Island City Code is hereby amended to
read as follows:
§20-11. Obstructing Public Right-of-Way
(A) It shall be illegal for any person, corporation or entity to erect, plant, place, or maintain, fences, hedges,
shrubbery, or other natural or man-made objects or structures on any public right-of-way which interfere with or are
hazardous to the City's or the general public's use of the right-of-way. No such objects may be placed on any public
right-of-way without the prior consent of the City.
(B) When the City discovers any objects on the city right-of-way as described in Subsection (A) herein, the
City will notify the adjacent property owner or tenant that said objects shall be removed immediately upon giving
personal notice or posting the property.
(C) Any objects not removed pursuant to Subsections (A) and (B) herein may be removed by city personnel
and taken to the Grand Island Police Department impoundment facility or such other facility as the city deems
appropriate for storing said objects. If the objects are not claimed by the owners within thirty days after being placed
in storage, then the city may dispose of the property as it deems appropriate. If said objects are auctioned, the City
may retain sufficient funds to pay all of the expenses of removal from the right-of-way and storage. Any person who
has items removed from the right-of-way by the City shall pay a daily storage fee, the cost of disposal and an
administrative fee of $50.00.
SECTION 2. Section 20-13 of the Grand Island City Code is hereby amended to
read as follows:
§20-13. Nuisances; Generally Defined
A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any
condition or thing to be or exist, which act, omission, condition or thing either: The following are hereby declared to
be public nuisances:
(A) Violates Any violation of any provision of this Code or any ordinances of the City of Grand Island or
statute of the State of Nebraska which is consistently repeated or of a continuous and ongoing nature, if
uncorrected.
ORDINANCE NO. 8936 (Cont.)
- 2 -
(B) Is an Any act or thing done, made, permitted, allowed, or conducted on any property, public or private,
by any person, firm, or corporation, their agents or servants, detrimental to the health, or to the damage or injury
of any of the inhabitants of the City.
(C) Is offensive to the senses.
(D) Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream,
public park, parkway, square, street, or highway in the City.
(E) In any way renders other persons insecure in life or the use of property.
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the
value of the property of others.
SECTION 3. Section 20-13.1 is hereby added to Chapter 20 of the Grand Island
City Code to read as follows:
§20-13.1. Nuisances; Specifically Defined
The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions,
places, conditions, and things are hereby declared to be nuisances:
(A) Any odorous, putrid, unsound or unwholesome grain, meat, feathers, vegetable matter, or the whole or
any part of any dead animal, fish, or fowl.
(B) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats,
or which are foul or malodorous.
(C) Filthy, littered or trash-covered cellars, houseyards, barnyards, stable-yards, factory-yards, mill yards,
vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.
(D) Stockpiling animal manure in a manner that causes an abundance of flies, malodorous conditions or
creates other health concerns, or which is kept or handled in violation of any ordinance of the City.
(E) Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any
waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the
temporary retention of waste in receptacles in a manner approved by the health officer of the City, nor the
dumping of non-putrefying waste in a place and manner approved by the health officer.
(F) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken
stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the
same be kept in covered bins or galvanized iron receptacles.
(G) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, used
furniture, used appliances, excelsior, packing hay, straw or other packing material, lumber not neatly piled,
scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials
when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which
may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof.
(H) Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed
building or structure or any building or structure commenced and left unfinished, which said buildings,
billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly
as to depreciate the value of property in the vicinity thereof.
(I) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling
of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or
abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the
storing or leaving of any machinery or equipment used by contractors or buildings or by other persons, which
said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or
property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.
(J) Stagnant water permitted or maintained on any lot or piece of ground.
(K) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or
enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other
animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed,
when said places in which said animals are confined, or said premises on which said vegetable or animal matter
ORDINANCE NO. 8936 (Cont.)
- 3 -
is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate
therefrom, to the annoyance of inhabitants of the City, or are maintained and kept in such a manner as to be
injurious to the public health.
(L) All other things specifically designated as nuisances elsewhere in this Code.
SECTION 4. Sections 20-11 and 20-13 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 28, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of September 14, 2004 City Council Regular
Meeting
The Minutes of September 14, 2004 City Council Regular Meeting are submitted to approval.
See attached MINUTES.
Tuesday, September 28, 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
September 14, 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 September 14, 2004. Notice of the meeting was given in the Grand Island Independent
on September 8, 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 a moment of silence for fallen serviceman
Eric Knott who was killed in Iraq. INVOCATION was given by Pastor Scott Jones, Third City
Christian Church, 4100 West 13th Street.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek reminded everyone of the funeral services that
were held today for Serviceman Eric Knott and for all to remember his family.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Michael Peterson from Fleet Services of the Public Works Department for 20
Years of Service with the City: Mayor Vavricek and the City Council recognized Michael
Peterson for 20 years of service with the City. Public Works Director Steve Riehle commented
on Michael’s service with the City. Michael Peterson was present to receive a certificate.
Proclamation “Reducing Underage Drinking: a Collective Responsibility” Presented by Project
Extra Mile: The Mayor presented the Proclamation “Reducing Underage Drinking: a Collective
Responsibility”. Lex Ann Roach representing Project Extra Mile and 3 students spoke with
regards to underage drinking.
Proclamation “Walk to D’Feet ALS” September 19, 2004. Mayor Vavricek proclaimed
September 19, 2004 as “Walk to D’Feet ALS”. John and Diane Brownell were present to receive
the proclamation and thank the City for their support. Mentioned was a walk to be held on
Sunday, September 19, 2004 at 2:00 p.m. at Eagle Scout Park to raise funds to find a cure and
assist those afflicted with the disease.
Page 2, City Council Regular Meeting, September 14, 2004
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to Board of Equalization.
#2004-BE-15 – Consideration of Determining Benefits for Business Improvement District #3.
Finance Director David Springer stated that the City Council in its’ capacity as the Board of
Equalization was required to determine the benefits for BID #3. Special assessments were for the
amount of $34,368.44. Motion by Pielstick, second by Hornady, to approve Resolution #2004-
BE-15, carried unanimously.
#2004-BE-16 – Consideration of Determining Benefits for Business Improvement District #4.
Finance Director David Springer stated that the City Council in its’ capacity as the Board of
Equalization was required to determine the benefits for BID #4. Special assessments were for the
amount of $17,324.59. Motion by Pielstick, second by Hornady, to approve Resolution #2004-
BE-16, carried unanimously.
#2004-BE-17 – Consideration of Determining Benefits for Business Improvement District #5.
Finance Director David Springer stated that the City Council in its’ capacity as the Board of
Equalization was required to determine the benefits for BID #5. Special assessments were for the
amount of $80,006.00. Mr. Springer stated that the City had received a protest from The Arter
Group concerning assessments for residential and commercial being the same. This would be
studied for future assessments. Motion by Pielstick, second by Hornady, to approve Resolution
#2004-BE-17, carried unanimously.
RETURN TO REGULAR SESSION: Motion by Cornelius, second by Hornady, carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Public Utility Easement Along the Property of 3936 Hampton Road, Lot 27 of
the Kentish Hills Subdivision. (Ron and Darla Sitzman). Steve Riehle, Public Works Director
reported that an easement located along the easterly 20’ of the westerly 28’ of Lot 27 of Kentish
Hills Subdivision was required to have access to install and maintain a sanitary sewer. No public
testimony was heard.
Public Hearing on Public Utility Easement Along the Property of 3937 Dover Court, Lot 3 of the
Kentish Hills Subdivision. (Ryan & Whitney Witt) Steve Riehle, Public Works Director reported
that an easement located along the easterly 20’ of the westerly 28’ of Lot 3 of Kentish Hills
Subdivision was required to have access to install and maintain a sanitary sewer. No public
testimony was heard.
Public Hearing on General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that state
statutes requires the City to conduct a public hearing if the property tax request changes from one
year to the next. Property tax request for the general property tax was $4,708,194, the Parking
District No. 2 at $26,000, and the Community Redevelopment Authority property tax at
$457,391. No public testimony was heard.
Page 3, City Council Regular Meeting, September 14, 2004
Public Hearing on Proposed Use of Local Law Enforcement Block Grant Funds. Captain Robert
Falldorf reported that the Grand Island Police Department was eligible for federal LLEBG funds
in the amount of $7,388. The funds were tentatively allocated to purchase four LED Rotation
Lights for patrol vehicles. No public testimony was heard.
Public Hearing on Acquisition of Real Estate Located at 414 S. Shady Bend Road. (Timothy &
Mary Arends) Steve Riehle, Public Works Director reported that acquisition of real estate located
at 414 S. Shady Bend Road owned by Timothy & Mary Arends was required as part of the
overall settlement of litigation initiated by the Arends in 2003. The settlement of the lawsuit was
for a total of $240,000.00. George Sinner, 507 N. Sherman commented that there was more to
this issue than the Wastewater Treatment Plant. No further public testimony was heard.
Public Hearing for Acquisition of Public Utility Easement Along the Property of 514 Congdon
Avenue, Lot 1 of Lambert’s Addition. (Galvan Construction) Steve Riehle, Public Works
Director reported that acquisition of a public utility easement located along the southerly 6’ of
Lot 1 of Lambert’s Addition was required in order to have access to maintain an existing sanitary
sewer. No public testimony was heard.
Public Hearing on Acquisition of Four (4) Utility Easements Located Along the North and South
Sides of East Highway 30, West of Shady Bend Road. (Woodward Family Trust and Woodward
Marital Trust) Gary Mader, Utilities Director reported that acquisition of utility easements
located along the north and south sides of East Highway 30, west of Shady Bend Road were
required in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers. The easements would be used to relocate overhead power lines
and the required anchors to back-up those lines due to the expansion and widening of East
Highway 30. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located in the Northwest Corne r of the
Proposed Super Wal-Mart Property Located at Diers and Carleton Avenue. (Wal-Mart Real
Estate Business Trust) Gary Mader, Utilities Director reported that acquisition of a utility
easement located in the northwest corner of the proposed Super Wal-Mart property located at
Diers and Carleton Avenue was required in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers. The easement would be used
to facilitate electrical service and provide access to the electrical facilities on the north side of the
Super Wal-Mart property. No public testimony was heard.
Public Hearing on Request of Bag ‘N Save, Inc. dba Bag ‘N Save, 1215 Allen Drive for a Class
“D” Liquor License. City Clerk RaNae Edwards reported that Bag ‘n Save, Inc. dba Bag ‘N
Save, 1215 Allen Drive had submitted an application with the City Clerk’s Office for a Class
“D” Liquor License which allows for the sale of alcoholic beverages, 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 on September
1, 2004; notice to applicant of date, time, and place of hearing mailed on September 1, 2004;
notice to the general public of date, time, and place of hearing published on September 4, 2004;
and Chapter 4 of the City Code. Helene Shrago, 12639 Shirley Street, Omaha, Nebraska spoke in
Page 4, City Council Regular Meeting, September 14, 2004
support and was present for questions. George Sinner, 507 N. Sherman spoke in opposition. No
further public testimony was heard.
Public Hearing on Request of Bag ‘N Save, Inc. dba Bag ‘N Save, 1235 Allen Drive for a Class
“B” and “K” Liquor Licenses. City Clerk RaNae Edwards reported that Bag ‘n Save, Inc. dba
Bag ‘N Save, 1235 Allen Drive had submitted an application with the City Clerk’s Office for a
Class “B” and “K” Liquor Licenses which allows for the sale of beer and wine, 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 on
September 2, 2004; notice to applicant of date, time, and place of hearing mailed on September
2, 2004; notice to the general public of date, time, and place of hearing published on September
4, 2004; and Chapter 4 of the City Code. Helene Shrago, 12639 Shirley Street, Omaha, Nebraska
spoke in support and was present for questions. George Sinner, 507 N. Sherman spoke in
opposition. No further public testimony was heard.
Public Hearing on Application to the Nebraska Department of Economic Development for an
Economic Development CDBG Grant. Stewart Jobes, Nebraska State Department of Economic
Development reported that the Nebraska Department of Economic Deve lopment offers
Community Development Block grant funding for economic development. The City was
applying for a grant in the amount of $429,947 of which $425,947 would be loaned to Standard
Iron, Inc. for building construction and equipment purchases. The City would retain the
remaining $4,000 for audit and administrative expenses associated with the grant. 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:
#8931 - Consideration of Assessments for Business Improvement District #3
#8932 - Consideration of Assessments for Business Improvement District #4
#8933 - Consideration of Assessments for Business Improvement District #5
#8934 - Consideration of Amending the Grand Island City Code Relative to Downtown
Improvement and Parking District Taxes
#8935 - Consideration of Water Rate Change
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on 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 motio n. Upon roll call vote, all voted aye. Motion adopted.
Mayor: Is there any one in the audience interested in this Ordinance? Jose Zapat, 2110
Independence spoke in opposition to Ordinance #8935. George Sinner, 507 N. Sherman spoke in
support of Ordinance #8935. No further public comment was heard.
Page 5, City Council Regular Meeting, September 14, 2004
City Clerk: Ordinance #8931, #8932, #8933, #8934, and #8935 on first reading. All those in
favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call
vote, all voted aye. Councilmember Pielstick voted no on Ordinance #8935. Motion adopted.
City Clerk: Ordinance #8931, #8932, #8933, #8934, and #8935 on final passage. All those in
favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call
vote, all voted aye. Councilmember Pielstick voted no on Ordinance #8935. Motion adopted.
Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances
#8931, #8932, #8933, #8934, and #8935 are declared to be lawfully passed and adopted upon
publication as required by law.
CONSENT AGENDA: Items G-3, G-12, and G-25 were pulled from the consent agenda. Motion
by Hornady, second by Cornelius, to approve the Consent Agenda excluding items G-3, G-12,
and G-25. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of August 24, 2004 City Council Regular Meeting. Councilmember
Margaret Hornady abstained.
Approving Minutes of September 7, 2004 City Council Study Session and Special Meeting.
Approving Request of Bag ‘N Save, Inc. dba Bag ‘N Save, 1215 Allen Drive for Class “D”
Liquor License.
Approving Request of Bag ‘N Save, Inc. dba Bag ‘N Save, 1235 Allen Drive for Class “B” and
“K” Liquor Licenses.
Approving Request of Helene Rae Shrago, 12639 Shirley Street, Omaha, Nebraska for Liquor
Manager Designation for Bag ‘N Save, 1215 Allen Drive and 1235 Allen Drive.
#2004-177 – Approving Acquisition of Public Utility Easement Along the Property of 3936
Hampton Road, Lot 27 of the Kentish Hills Subdivision. (Ron and Darla Sitzman)
#2004-178 – Approving Acquisition of Public Utility Easement Along the Property of 3937
Dover Court, Lot 3 of the Kentish Hills Subdivision. (Ryan and Whitney Witt)
#2004-217 – Approving Changing the Delivery Date from 250 Days to 350 Days for Final
Clarifier Mechanisms Project 2003-WWTP-2 for the Waste Water Treatment Plant with Dorr-
Oliver EIMCO of Salt Lake City, Utah.
#2004-218 – Approving Continuation of Asphalt Street Improvement District No. 1254; Dale
Roush and Dale Roush 2nd Subdivisions. (Indian Acres)
#2004-219 – Approving Bid Award for Sanitary Sewer District No. 512, Marylane, Kentish
Hills, and Bradley Subdivisions with General Excavating of Lincoln, Nebraska in an Amount of
$477,488.14.
Page 6, City Council Regular Meeting, September 14, 2004
#2004-221 – Approving Proposed Use of Local Law Enforcement Block Grant Funds.
#2004-222 – Approving Application to the Nebraska Department of Economic Development for
an Economic Development CDBG Grant.
#2004-223 – Approving Amendment to the 2004-2005 Fee Schedule for Parking District #2
(Ramp) and Police Department.
#2004-224 – Approving Acquisition of Real Estate Located at 414 S. Shady Bend Road.
(Timothy and Mary Arends)
#2004-226 – Approving Acquisition of Four (4) Utility Easements Located Along the North and
South Sides of East Highway 30, West of Shady Bend Road. (Woodward Family Trust and
Woodward Marital Trust)
#2004-227 – Approving Bid Award for the Ditch Restoration from North Road Along Faidley
Avenue Extending Toward Diers Avenue then North at 1/4 Mile West of US Highway 281 with
Dobesh Land Leveling of Grand Island, Nebraska in an Amount of $79,100.00.
#2004-228 – Approving Acquisition of Public Utility Easement Along the Property of 514
Congdon Avenue, Lot 1 of Lambert’s Addition. (Galvan Construction)
#2004-229 – Approving Bid Award for Asphalt Street Improvement District No. 1252; Lillie
Drive from North Road to Mabel Drive and Mabel Drive North to Edna Drive with J.I.L. Asphalt
Paving Co. of Grand Island, Nebraska in an Amount of $34,217.25.
#2004-230 – Approving Transfer of Funds from BID #2 to BID #5.
#2004-231 – Approving Assignment of Lease from Toba, Inc. to the City of Grand Island,
Utilities Department, for Union Pacific Railroad Right-of-Way.
#2004-232 – Approving Acquisition of Utility Easement Located in the Northwest Corner of
Diers and Carleton Avenue. (Wal-Mart Real Estate Business Trust)
#2004-233 – Approving Time Extension to Contract with J.I.L. Asphalt Paving Company for
Construction of Street Improvement District No. 1250, Edna Drive, North Road to Mabel Drive.
Approving Garbage and Refuse Haulers Permits to: Central Waste Disposal, 147 East Roberts;
Clark Brothers Sanitation, 3080 West 2nd Street; Mid-Nebraska Disposal, Inc., 3080 West 2nd
Street; Full Circle, Inc., 3719 Westgate Road; and Scott’s Hauling, 3230 Westside Street. George
Sinner, 507 N. Sherman commented on three garbage hauling services in his neighborhood and
recommended that routes be created whereby companies pick up garbage only on designated
routes. He also recommended that all residential and rental properties should be required to have
garbage service.
Page 7, City Council Regular Meeting, September 14, 2004
Motion was made by Nickerson, second by Gilbert to approve the Garbage and Refuse Haulers
Permits for 2004-2005. Upon roll call vote, all voted aye. Motion adopted.
#2004-220 – Approving Final Plat and Subdivision Agreement for Schaaf’s Seventh
Subdivision. It was noted that Leo and Maxine Liske had submitted the final plat for Schaaf’s
Seventh Subdivision, located on a parcel of land comprising of Lot 1 and part of Lot 2 Schaaf’s
Subdivision for the purpose of creating 2 lots.
Councilmember Pielstick questioned if this property was in Merrick County. Chad Nabity,
Regional Planning Director stated that is was. Discussion was held with regards to drainage,
annexation, and distance from Hall County.
Motion was made by Pielstick, second by Meyer to deny Resolution #2004-220. Upon roll call
vote, Councilmembers Meyer, Whitesides, and Pielstick voted yes. Councilmembers Gilbert,
Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted no. Motion failed.
Motion was made by Hornady, second by Nickerson to approve Resolution #2004-220. Upon
roll call vote, Councilmembers Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and
Haase voted yes. Councilmembers Meyer, Whitesides, and Pielstick vote no. Motion adopted.
#2004-234 – Approving Addendum to Agreement to Share Initial Costs to Investigate Creation
of South Dakota Public Power Authority. Doug Walker, City Attorney reported that the City had
been contacted by a group of South Dakota municipalities to see if the City would be interested
in exploring the possibility of creating a new public power entity that would investigate the
possibility of acquiring the assets of Northwestern Corporation in the event the company was
sold. The approximate cost to the City would be $33,300.00 for the initial feasibility studies.
Linda Wittrock, Sioux Falls, South Dakota representing Northwestern Public Service Co.
cautioned the Council about costs and explained that Northwestern Public Service Co. was
currently in bankruptcy, but that it was going well. George Sinner, 507 N. Sherman complained
about his gas prices and was not in favor of the City buying a gas company. Councilmember
Whitesides stated that the City would be very capable of handling a gas company as it had with
the City owned utilities.
Motion was made by Whitesides, second by Pielstick to approve Resolution #2004-234. Upon
roll call vote, all voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Request of Elvin and Carline Denman, 6125 South U.S. Highway 281 for Consideration of
Damaged Billboard: Craig Lewis, Building Department Director reported that Elvin and Carline
Denman, 6125 South U.S. Highway 281 had requested Council consideration for the repair and
replacement of a billboard sign that had been damaged by recent winds. City Code would not
allow for the repairs and requires that the sign be removed.
Page 8, City Council Regular Meeting, September 14, 2004
Elvin and Carline Denman, 6125 S. US Hwy 281 mentioned that they thought their signs were
grandfathered in when the City Code was changed last year. The Denman’s commented on the
income from these signs. Discussion was had with regards to code regulations. It was mentioned
that the Denman’s had 10 signs on their property and this sign was income to the Denman’s in
the amo unt of $700.00 per year.
Don Deitemeyer representing Lamar Signs commented that the percentage of the sign was not
over 50% replacement value and that the Denman’s should be allowed to replace the sign.
Craig Lewis, Building Department Director explained the process and code regulations to
determine the percentage of damage. Pictures of the Denman sign were presented to Council.
Motion was made by Meyer, seconded by Gilbert to deny the request of replacing or repairing
the damaged sign. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2004-235 – Approving General Property, Parking District #2 (Ramp), and Community
Redevelopment Authority Tax Request. David Springer, Finance Director reported that this item
referred to the previous public hearing.
Motion by Walker, second by Hornady to approve Resolution #2004-235. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Pauly, approve the Claims for the period of August 25, 2004
through September 14, 2004, for a total amount of $4,688,987.81. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:55 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G2
Approving Minutes of September 21, 2004 City Council Study
Session
The Minutes of September 21, 2004 City Council Study Session are submitted for approval.
See attached MINUTES.
Tuesday, September 28, 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 JOINT STUDY SESSION
September 21, 2004
Pursuant to due call and notice thereof, a Joint Study Session of the City Council of the City of
Grand Island, Nebraska and the Hall County Board of Supervisors was conducted in the Council
Chambers of City Hall, 100 East First Street, on September 21, 2004. Notice of the meeting was
given in the Grand Island Independent on September 15, 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, Pauly, Hornady,
Walker, and Haase. Councilmember Cornelius was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, and Finance Director David
Springer.
The following Hall County Board of Supervisors were present: Pam Lancaster, Scott Arnold, Jim
Ericksen, Bob Humiston, Bud Jeffries, and Robert Rye. County Clerk Marla Connelly was also
present.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individuals reserved time to speak on
agenda items.
MAYOR COMMUNICATION: Mayor Vavricek commented on a number of events that took
place last week. Among them were: Assisted Living Week, Husker Harvest Days, Funeral
Services for Eric Knott, Ducks Unlimited Banquet, Media Day at Shooting Sports Facility at
Cornhusker Army Ammunition Plant, Running of the Weiners and Walk for ALS at Eagle Scout
Park.
PRESENTATION OF THE LAW ENFORCEMENT FACILITY NEEDS ASSESSMENT
STUDY: Police Chief Kyle Hetrick introduced Project Manager Captain Robert Falldorf.
Captain Falldorf reported that a new Law Enforcement facility was one of the projects identified
to receive funding under the recently passed 1/2 cent sales tax initiative. Request for Proposals
were issued for a needs study for a combined new police/sheriff headquarters facility. Wilson
Estes Police Architects of Overland, Kansas was chosen and several meetings had been held with
the Law Enforcement Facility Committee.
Captain Falldorf introduced James Estes of Wilson Estes Police Architects who presented a
PowerPoint presentation concerning the completed needs study.
Mr. Estes commented that his firm works on nothing but Police facilities. Wilson Estes Police
Architects had planned over 100 Police facilities all over the country. Following was the Study
Process:
Page 2, City Council Study Session, September 21, 2004
· Program Development
· Sites Analysis
· Budget Establishment
Initial assessments were presented. Mr. Estes stated there was currently a deficiency of space in
the facility today. He commented that the current facility was one of the worst cases he had seen
and was amazed at how the Police/Sheriff’s offices were able function. The total building size
needed was recommended at 39,688 sq ft for 2004 and 44,997 sq ft for 2024.
Workplace standards and personnel projections were reviewed. Current personnel for both Police
and County were 126 for 2004 with an estimated increase of 32% or 166.5 by 2024. Comparison
of facility to typical Police facilities for 2004 Grand Island/Hall County was 315 with a national
average at 304.
The following was the Law Enforcement Center Cost Estimate:
Building Construction Cost 44,997 sq ft x $140.00 = $6,299,580.00
Site Development Cost 44,997 sq ft x $ 14.00 = $ 629,958.00
Subtotal $6,929,538.00
Contingency (10%) $ 692,953.80
Total $7,622,491.80
Architectural Engineering Fees $ 580,000.00
Geotechnical & Surveying $ 12,000.00
Construction Testing Services $ 20,000.00
Furnishings $ 240,000.00
Phones/Data Wiring $ 134,991.00
Total Project Costs $8,609,482.80
Options
High Density storage Systems $ 9,008.40
CCTV $ 112,492.50
Basement $ 921,442.50
Site Evaluation included:
Determination of Total Building Area
Probable Building Configuration
Parking/Site Area Requirements
Site Development Requirements
Site Criteria Evaluation
Presented was the site located across from City Hall. This site was determined not to be big
enough for the needs of the Police/Sheriff facility. This site had no room for expansion and
would require buying more property for parking which would include additional cost. The site at
the Luzenac property owned by the County was presented and recommended at the best site,
which would work well for the facility with room to expand.
Page 3, City Council Study Session, September 21, 2004
Mentioned were the process, work, and meetings conducted by several people from the Police
and Sheriff’s Departments to accomplish this study. Developing the site was explained in detail
with extensive experience from other facilities.
Mayor Vavricek asked County Board Chairman, Pam Lancaster if this site would be feasible for
this facility. Ms. Lancaster commented that the Board would not be able to make a decision right
now, but would take it back to the County Board for further discussion. The County Board would
meet in two weeks and would have a decision at that time.
Question was asked concerning the benefits of a three story versus a two story building. Mr.
Estes stated a two story building was more feasible. From the standpoint of operations, most
Police facilities worked better with a two story building. A lot of demands requiring first floor
access were mentioned.
Green technology was discussed with regards to materials used in the building and being energy
efficient. Mentioned was this would probably increase the cost of the building project. Mr. Estes
stated Wilson Estes Police Architects was an environmentally conscious firm.
Captain Robert Falldorf stated the next phase would be to issue a Request for Proposal for the
design phase.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G3
Approving Request of Elks BPO Lodge 604, dba Elks BPO Lodge
604, 631 South Locust Street for Addition to their Class "C-01463"
Liquor License
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G4
#2004-236 - Approving Bid Award for Padmount Transformers -
Utilities Department
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: September 28, 2004
Subject: Bid Award – Padmount Transformers – Utilities Dept.
Item #’s: G-4
Presente r(s): Gary R. Mader, Utilities Director
Background
Bid specifications for 2500 and 1500 kVA padmount transformers were publicly advertised
on Friday, September 3, 2004. Bidding documents were mailed to six potential bidders. On
Tuesday, September 21, 2004 the bids were publicly opened. Bids were received from three
firms for the specified padmount transformers. The transformers are the type used for large
commercial customers such as Standard Iron and the Super Wal-Marts.
All transformer bids are evaluated for efficiency of operation to determine a total lifetime cost
to the City over the 20 year life of the transformers. The evaluation criteria factors are
provided to each of the suppliers so that each supplier can design the transformers and bid
accordingly. The lifetime cost of operation is then used to determine the lowest total overall
cost to the City. The lowest evaluated bid is recommended for approval.
Discussion
Bids for Padmount transformers were received in accordance with City Procurement Code
requirements, as tabulated below:
Three-phase Padmounted Transformers – 2500 kVA 277/480V
Bidder Manufacturer Quantity Bid Price Each Evaluated Bid Each Comments
Dutton-Lainson Howard 2 $29,090.00 $73,238.00
Kriz-Davis Cooper 2 $24,521.50 $70,782.50
Cahoon Sale s ERMCO 2 $20,725.00 $64,421.00 Low Evaluated Bid
Three-phase Padmounted Transformers 1500 kVA 277/480V
Dutton-Lainson Howard 2 $23,080.00 $48,575.50
Kriz-Davis Cooper 2 $16,096.00 $43,881.50 Low Evaluated Bid
Cahoon Sales ERMCO 2 $14,521.00 $44,015.00
The low evaluated bid for the two 2500 kVA transformers was provided by Cahoon Sales of
Elkhorn, NE for a bid award of $41,450.00 plus tax. The bid for the two 1500 kVA
transformers of $32,192.00 was provided by Kriz Davis of Grand Island.
The total transformer purchase price is $73,642.00 which is less than the engineers estimate of
$97,000.00.
It is proposed that the 2500 kVA transformers bid be formally awarded to Cahoon Sales as the
total bid price is above the $40,000 purchase limit of the Electric Department, and that a
purchase order be issued for the 1500 kVA transformers.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the bid award to Cahoon Sales for the 2500 kVA transformers.
2. Deny the bid award.
3. Modify the award to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council award the bid for two 2500 kVA padmount
transformers to Cahoon Sales of Elkhorn, NE.
Sample Motion
Approve the bid award for the two 2500 kVA transformers to Cahoon Sales.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 21, 2004 at 11:00 a.m.
FOR: Padmount Transformers
DEPARTMENT: Utilities
ESTIMATE: $97,000
FUND/ACCOUNT: 520
PUBLICATION DATE: September 3, 2004
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Dutton-Lainson Company Kriz-Davis Company
Hastings, NE Grand Island, NE
Bid Security: Universal Surety Company St. Paul Guardian Insurance Co.
Exceptions: None Noted
Bid Price: $111,122.10 $86,697.92
Bidder: Cahoon Sales
Elkhorn, NE
Bid Security: St. Paul Guardian Insurance Co.
Exceptions: Noted
Bid Price: $75,074.00
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Randy Leiser, Utilities Dept. Gene Pesek, Utilities Dept.
Pat Gericke, Utility Admin. Secretary Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P940
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-236
WHEREAS, the City of Grand Island invited sealed bids for Padmount Transformers,
according to plans and specifications on file with the Utilities Department; and
WHEREAS, on September 21, 2004, bids were received, opened and reviewed; and
WHEREAS, Cahoon Sales of Elkhorn, Nebraska, submitted a bid in accordance with the
terms of the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $41,450 plus tax for two 2500 kVA transformers; and
WHEREAS, Kriz-Davis Company of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $32,192 plus tax for two 1500 kVA
transformers; and
WHEREAS, the bid of Kriz-Davis Company can be awarded by purchase order in
accordance with city code provisions; and
WHEREAS, the total of both bids is less than the estimate for such transformers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Cahoon Sales of Elkhorn, Nebraska, in
the amount of $41,450 plus tax for two 2500 kVA padmount transformers is hereby approved as the
lowest evaluated bid for those items.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2004-237 - Approving Sole Source Bid Award for Fuel Oil
Facilities Upgrade Project for Burdick and Platte Generating
Stations
Tuesday, September 28, 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: September 28, 2004
Subject: Fuel Oil Facilities Upgrade Project
Sole Source Contractor – Burdick and Platte Generating
Stations
Item #’s: G-5
Presenter(s): Gary R. Mader, Utilities Director
Background
The Burdick and Platte Generating Stations have recently been affected by revised
federal regulations regarding the construction of fuel oil storage and handling areas to
prevent environmental impact as a result of spills or leaks. Black and Veatch Engineers
were contacted by the City to evaluate these areas. Their review indicated that
construction of new containment berms, installation of synthetic and concrete liners, and
ne w fuel dispensing equipment was required within the next year. Specifications for this
project were developed and issued for bids in accordance with City procurement
requirements. The engineer’s estimate, based on experience with past similar projects,
was $600,000. One bid was received, from Diamond Engineering for $833,000.
Discussion
It is the plant staff’s opinion that due to current market demand, (Heartland Events
Center, St. Francis Hospital, Super Wal-Marts) the services of a construction contractor,
especially if earth moving is required, are at a premium. The situation of a single bid
substantially larger than the estimate has also been recently encountered with projects at
the City’s well field and landfill. City Code allows a contract to be awarded without
competition when, after advertising, the Council determines that there is only one source
for a project. The City may then conduct negotiations as to the price, delivery, and terms
with the contractor as the basis for the contract. To enable this project to be completed,
the options appear to be either negotiating with Diamond Engineering on issues that
caused a large discrepancy between the bid price and the estimate, or reissue the
specifications. Reissuing the specifications could obtain a lower bid price, however, also
poses the risk of either a higher bid price, or no bids at all, along with incurring additional
consultant costs and possibly affecting compliance with regulatory deadlines. Due to the
uncertainties of reissuing the specifications, the Utilities Department recommends that
the Council declare Diamond Engineering as the sole source contractor for the Fuel Oil
Facilities Upgrade Project and authorize City staff to conduct negotiations with Diamond
for a contract to be submitted to Council for approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Resolution for the declaration of Diamond Engineering as the
sole source contractor for the Fuel Oil Facilities Upgrade Project.
2. Deny the Resolution for the declaration of Diamond Engineering as the sole
source contractor for the Fuel Oil Facilities Upgrade Project.
3. Table the issue.
Recommendation
The Utilities Department recommends that the Council declare Diamond Engineering as
the sole source contractor for the Fuel Oil Facilities Upgrade Project and authorize City
staff to conduct negotiations with Diamond for a contract to be submitted to Council for
approval.
Sample Motion
Approve the Resolution for declaration of Diamond Engineering as the sole source
contractor for the Fuel Oil Facilities Upgrade Project.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: August 31, 2004 at 11:00 a.m.
FOR: Fuel Oil Facilities Upgrades General Construction
DEPARTMENT: Utilities
ESTIMATE: $600,000.00
FUND/ACCOUNT: E520
PUBLICATION DATE: August 5, 2004
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Diamond Engineering Co.
Grand Island, NE
Bid Security: Travelers Casualty & Surety
Exceptions: Noted
Bid Price: $833,000.00 (Tax Included)
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Shelly Schnakenberg, Utilities Senior Sec. Pat Gericke, Utilities Admin. Secretary
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P933
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-237
WHEREAS, the City of Grand Island invited sealed bids for Fuel Oil Facilities Upgrades
General Construction, according to the plans and specifications on file with the City Clerk and with Black &
Veatch; and
WHEREAS, on August 26, 2004, one bid was received, opened and reviewed; and
WHEREAS, inasmuch as only one bidder was able to comply with the plans and
specifications for such project, it is recommended that the Diamond Engineering Company of Grand Island,
Nebraska, be designated as a sole source contractor for such project; and
WHEREAS, it is further recommended that negotiations be initiated with the Diamond
Engineering Company, as a sole source contractor, to proceed with such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Diamond Engineering Company of Grand
Island, Nebraska be designated as a sole source contractor for the fuel oil facilities upgrade project.
BE IT FURTHER RESOLVED, that authorization is hereby given to pursue negotiations
with the Diamond Engineering Company for the fuel oil facilities upgrade project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2004-238 - Approving Acquisition of Utility Easement - Southwest
Corner of 1123 N. St. Paul Road - Habitat for Humanity
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approv ed as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-238
WHEREAS, a public utility easement is required by the City of Grand Island, from the
Grand Island Area Habitat for Humanity, Inc., a Nebraska non-profit corporation, to install, upgrade,
maintain, and repair public utilities and appurtenances; and
WHEREAS, a public hearing was held on September 28, 2004, for the purpose of
discussing the proposed acquisition of an easement and right-of-way through a part of Lot Twenty-Six (26),
County Subdivision in the West Half of the Southwest Quarter (W1/2, SW1/4) of Section Ten (10),
Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall
County, Nebraska, the utility easement and right-of-way being more particularly described as follows:
Beginning at a point on the South line of Lot Twenty Six (26) of the County Subdivision of
the West Half of the Southwest Quarter (W1/2, SW1/4) of Section Ten (10), Township
Eleven (11) North, Range Nine (9) West, said point being Thirty Three (33.0) feet East of
the Southwest corner of said Lot Twenty Six (26); thence easterly along the South line of
said Lot Twenty Six (26), a distance of Twenty (20.0) feet; thence northerly at right angles
and parallel with the West line of said Lot Twenty Six (26), a distance of Ten (10.0) feet;
thence westerly at right angles and parallel with the South line of said Lot Twenty Six (26),
a distance of Twenty (20.0) feet; thence southerly at right angles and parallel with the West
line of said Lot Twenty Six (26), a distance of Ten (10.0) feet to the Point of Beginning.
The above-described easement and right-of-way containing 200 square feet, more or less,
as shown on the plat dated September 2, 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 the Grand Island Area Habitat for Humanity, Inc., a
Nebraska non-profit corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2004-239 - Approving Nebraska Department of Economic
Development Planning Grant
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-239
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application through the Nebraska Department of Economic Development
for a Community Development Block Grant; and
WHEREAS, the Nebraska Department of Economic Development is presently accepting
grant applications for community strategic planning; and
WHEREAS, a grant application has been prepared to request funding for a study to
address the homeless and homeless housing needs in the area encompassing Hall County, Hamilton County,
Howard County, Buffalo County, Kearney County, and Merrick County, and the cities of Grand Island,
Kearney and Hastings; and
WHEREAS, Hope Harbor currently provides housing and services to the majority of
homeless persons in these areas; and
WHEREAS, a $40,000 grant is being requested to fund such study, with the $9,300
required match to be provided by Hope Harbor; and
WHEREAS, the City Attorney has reviewed and approved the Interlocal Agreements by
and between the City of Grand Island and the counties of Buffalo, Kearney, Hamilton, Howard, and
Merrick, and the cities of Kearney and Hastings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island, Nebraska is hereby authorized to apply for financial assistance
from the Nebraska Department of Economic Development for the purpose of funding a
study to address the needs of the homeless and homeless housing needs as outlined above.
2. The Mayor is hereby authorized and directed to execute such grant application and other
documentation on behalf of the City of Grand Island for such grant process.
3. The Mayor is hereby authorized and directed to execute Interlocal Agreements by and
between the City of Grand Island and the counties of Buffalo, Kearney, Howard, Hamilton,
and Merrick Counties, and the cities of Kearney and Hastings to support a grant
application in the amount of $40,000 to fund a study to address the homeless and homeless
housing needs in the area.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2004-240 - Approving Lease of Vacant Lot at 3rd & Kimball
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Jerenne Garroutte
City of Grand Island City Council
Council Agenda Memo
From: Jerenne Garroutte, Community Development
Council Meeting: September 28, 2004
Subject: Lease of Vacant Lot at 3rd & Kimball
Item #’s: G-8
Presenter(s): Jerenne Garroutte, Community Development
Background
In 1992 the City of Grand Island applied for CDBG funding from the Nebraska
Department of Economic Development under the Development Investment Category.
The grant was for $100,000 and was used to acquire the vacant Eagles commercial
building and lot, demolition of the building and preparation and installation of 6” asphalt
overlay and finishing to provide parking for the YMCA/YWCA. Since the YWCA has
relocated and the YMCA never negotiated a lease arrangement with the City, a request
has been received by the Senior Citizens Industries, Inc. to lease and maintain the vacant
lot.
Discussion
With the expansion and renovation of the Grand Generation Center, the Center is
interested in leasing the lot for employee and participant parking. The Grand Generation
Center is currently owned by the City of Grand Island and leased to the Senior Citizen
Industries, Inc. for 99 years with a yearly lease fee of $1.00. The Grand Generation
Center has submitted a request to lease the vacant lot for $1.00 a year. The parcel is
legally described as: All of Lot 1 (One) and the Easterly 1/3 (E 1/3) of Lot Two (2),
Block Sixty Eight (68), Original Town, City of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at ha nd.
The Council may:
1. Approve the lease agreement
2. Disapprove or Deny the request.
3. Modify the Request to lease to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the lease request from the
Senior Citizens Industries.
Sample Motion
Approve the request to lease the vacant lot located at 221 East 3rd Street to the Senior
Citizen Industries, Inc. at the rate of $1.00 per year.
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-240
WHEREAS, the City of Grand Island owns a vacant lot located at 221 East 3rd Street
which has previously been used by the YWCA/YMCA for parking; and
WHEREAS, such parking lot is no longer needed by the YWCA or YMCA; and
WHEREAS, Senior Citizens Industries, Inc. has approached the City to lease such lot in
conjunction with the expansion and renovation of the Grand Generation Center which is in close proximity
to such vacant lot; and
WHEREAS, a Lease Agreement has been negotiated, and the City Attorney has reviewed
and approved such Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the request of Senior Citizens Industries, Inc. to
lease and maintain the vacant lot located at 221 East 3rd Street in Grand Island for $1.00 per year is hereby
approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Lease Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2004-241 - Approving Grant Application from the Transportation
Enhancement Program for Construction of the Riverway
Hike/Bike Trail
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: September 28, 2004
Subject: Grant Application for Hike-Bike Trail Extension
Item #’s: G-9
Presenter(s): Steve Paustian, Park and Recreation Director
Background
One of the requirements for applying for grant funding for trail construction is
authorization by the City Council.
Discussion
It is the intention of the Park and Recreation Department to construct a trail addition on
the Wood River Diversion Dike from Hall County Park to South Locust Street. Federal
funding will pay for 80% of the costs associated with the project if the grant request is
approved.
Alternatives
1. Forgo federal grant assistance and build the trail without financial assistance.
2. As directed by Council.
Recommendation
It is the recommendation of the Park and Recreation Department to apply for the Federal
Grant to assist in the costs of the development of this trail segment.
Sample Motion
Motion to approve applying for the Federal Grant by the Park and Recreation
Department.
Approved as to Form ? _____________
September 28, 2004 ? City Attorney
R E S O L U T I O N 2004-241
WHEREAS, on June 10, 1996, by Resolution 96-188, the City of Grand Island
approved and adopted the Parks and Recreation Comprehensive Development Plan; and
WHEREAS, such plan included the development of a hiker/biker trail system for
the community; and
WHEREAS, the City of Grand Island is requesting grant funding for such project;
and
WHEREAS, if granted, assistance would be provided for 80% of the project
costs; and
WHEREAS, the City of Grand Island, Nebraska, has available a minimum of
20% of the project cost and has the financial ability to operate and maintain the completed
facility in a safe and attractive manner for public use.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island supports the
construction of the Riverway hiker/biker trail, and further approves and authorizes an application
for assistance from the Transportation Enhancement Program for the purpose of constructing
such trail.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such application and other documentation on behalf of the City of Grand Island for
such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on September 28, 2004.
____________________________________
_ RaNae Edwards, City Clerk
Item G10
#2004-242 - Approving Bid Award for Galvanized Steel Exterior
Box Corrugated Culverts at CAAP
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: September 28, 2004
Subject: Bid Award – Galvanized Steel Culverts
Item #’s: G-10
Presenter(s): Steve Paustian, Park and Recreation Director
Background
The City is in the process of developing the Rifle and Piston ranges at the Heartland
Public Shooting Park. To this end culverts have been bid to be used as shooting tubes to
help control the flight of the bullets.
Discussion
Bids were advertised for the purchase of the culverts. One firm responded providing a
bid of $89,203.20. The successful low bid was provided by Contech Construction
Products Inc. of Lincoln, NE in the amount of $89,203.20. The engineers estimate was
$120,000.00.
Alternatives
1. Award the contract as recommended.
2. As directed by Council.
3. Not award a bid.
Recommendation
It is the recommendation of staff to award the bid to Contech Construction Products Inc.
of Lincoln, NE in the amount of $89,203.20.
Sample Motion
Motio n to award the bid to Contech Construction Product Inc. of Omaha, NE in the
amount of $89,203.20..
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 17, 2004 at 11:00 a.m.
FOR: Galvanized Steel Exterior Box Corrugated Culverts
DEPARTMENT: Parks & Recreation
ESTIMATE: $120,000.00
FUND/ACCOUNT: 40044450-90026
PUBLICATION DATE: September 7, 2004
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: CONTECH Construction Products, Inc.
Lincoln, NE
Exceptions: None
Bid Price: $89,203.20
cc: Steve Paustian, Parks & Recreation Director
Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P942
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-242
WHEREAS, the City of Grand Island invited sealed bids for Galvanized Steel Exterior Box
Corrugated Culverts, according to plans and specifications on file with the Parks and Recreation
Department; and
WHEREAS, on September 17, 2004, one bid was received, opened and reviewed; and
WHEREAS, CONTECH Construction Products, Inc. of Lincoln, Nebraska, submitted a
bid in accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $89,203.20; and
WHEREAS, CONTECH Construction Products, Inc.'s bid is less than the estimate for
such project; and
WHEREAS, the Parks and Recreation Department has $69,000 budgeted in the
2003/2004 fiscal year for this expense; and
WHEREAS, additional funds will be available in the 2004/2005 fiscal year budget to pay
the remaining amount due CONTECH Construction Products, Inc. for this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of CONTECH Construction Products, Inc.
of Lincoln, Nebraska, in the amount of $89,203.20 for galvanized steel exterior box corrugated culverts is
hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that $69,000 from the 2003/2004 fiscal year budget is
hereby authorized to be applied to this bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2004-243 - Approving Amendment to Management Agreement
with Heartland Public Shooting Park
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: September 28, 2004
Subject: Amendment to Management Agreement with Heartland
Public Shooting Park
Item #’s: G-11
Presenter(s): Steve Paustian, Park and Recreation Director
Background
For over twenty five years the City of Grand Island has provided a site for skeet and
sporting clays shooting. This facility has always been operated by the Heartland Public
Shooting Park group, formerly known as the Grand Island Skeet and Sporting Clays
Club.
Discussion
This amendment to the current management agreement allows for the change in name of
the group and also includes language spelling out the responsibilities of the group when
hiring staff to assist in the operation of the facility. The employees allowed for in this
amendment will be staff hired, managed and paid for by the Heartland Public Shooting
Park group. These employees will not be City employees.
Alternatives
As recommended by Council.
Recommendation
Park and Recreation staff recommends that Council allow for the modification to the
existing contract to allow for the above mentioned items.
Sample Motion
Motion to pass the resolution allowing for the modification to the existing management
contract.
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-243
WHEREAS, on March 9, 2004, by Resolution 2004-46, the City Council of the City of
Grand Island approved an Agreement with the Grand Island Skeet & Sporting Clays Club, Inc. of Grand
Island, Nebraska to assist in the development, improvements, and maintenance of shooting sports facility at
the former Cornhusker Army Ammunition Plant site; and
WHEREAS, the Grand Island Skeet & Sporting Clays Club, Inc., of Grand Island,
Nebraska, has changed its name to the Heartland Public Shooting Park; and
WHEREAS, as a result of such name change, it is necessary to assign the terms of such
Agreement to Heartland Public Shooting Park; and
WHEREAS, in conjunction with ongoing construction work and improvements to the
facility, it is necessary to provide management services to coordinate such work and to oversee public use
of such facility; and
WHEREAS, Heartland Public Shooting Park has agreed to provide such management
services as set out in an Assignment and Amendment to Agreement; and
WHEREAS, such Assignment and Amendment to Agreement has been reviewed and
approved by the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Assignment and Amendment to Agreement by
and between the City and the Grand Island Skeet & Sporting Clays Club, Inc., now known as the
Heartland Public Shooting Park for the provision of management services at the shooting sports facility is
hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Assignment and Amendment to Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2004-244 - Approving City Council Meeting Schedule for 2005
Tuesday, September 28, 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: September 28, 2004
Subject: Approving City Council Meeting Schedule for 2005
Item #’s: G-12
Presenter(s): RaNae Edwards, City Clerk
Background
Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council
shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of
each month and Study Sessions to be held the first and third Tuesdays of each month
beginning at 7:00 p.m. It is customary for the City Council to formally establish its
Regular Meeting and Study Session schedules for the following calendar year.
Discussion
The City Clerk has prepared the proposed 2005 meeting schedule. This provides for the
first City Council meeting to be a Study Session on January 4, 2005.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the 2005 Meeting schedule as presented.
2. Disapprove or deny the 2005 Meeting schedule.
3. Modify the 2005 Meeting schedule to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the proposed 2005 Meeting
schedule.
Sample Motion
Approve the 2005 Meeting schedule as proposed.
PROPOSED
2005 CITY COUNCIL MEETINGS
2005 City Council Meetings 2005 City Council Study Sessions
January 11, 2005 January 4, 2005
January 25, 2005 January 18, 2005
February 8, 2005 February 1, 2005
February 22, 2005 February 15, 2005
March 8, 2005 March 1, 2005
March 22, 2005 March 15, 2005
April 12, 2005 April 5, 2005
April 26, 2005 April 19, 2005
May 10, 2005 May 3, 2005
May 24, 2005 May 17, 2005
June 14, 2005 June 7, 2005
June 28, 2005 June 21, 2005
July 12, 2005 July 5, 2005
July 26, 2005 July 19, 2005
August 9, 2005 August 16, 2005
August 23, 2005 September 6, 2005
September 13, 2005 September 20, 2005
September 27, 2005 October 4, 2005
October 11, 2005 October 18, 2005
October 25, 2005 November 1, 2005
November 8, 2005 November 15, 2005
November 22, 2005 December 13, 2005
December 6, 2005
December 20, 2005
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-244
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA, that the City Council of the City of Grand Island, Nebraska will meet in the
Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates, and that the City
Council of the City of Grand Island, Nebraska will meet in Study Session in the Council Chambers, 100
East First Street at 7:00 p.m. on the following dates:
2005 City Council Meetings: 2005 City Council Study Sessions:
January 11, 2005 January 4, 2005
January 25, 2005 January 18, 2005
February 8, 2005 February 1, 2005
February 22, 2005 February 15, 2005
March 8, 2005 March 1, 2005
March 22, 2005 March 15, 2005
April 12, 2005 April 5, 2005
April 26, 2005 April 19, 2005
May 10, 2005 May 3, 2005
May 24, 2005 May 17, 2005
June 14, 2005 June 7, 2005
June 28, 2005 June 21, 2005
July 12, 2005 July 5, 2005
July 26, 2005 July 19, 2005
August 9, 2005 August 16, 2005
August 23, 2005 September 6, 2005
September 13, 2005 September 20, 2005
September 27, 2005 October 4, 2005
October 11, 2005 October 18, 2005
October 25, 2005 November 1, 2005
November 8, 2005 November 15, 2005
November 22, 2005 December 13, 2005
December 6, 2005
December 20, 2005
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on September 28, 2004.
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
_____________________________________
RaNae Edwards, City Clerk
Item G13
#2004-245 - Approving Certificate of Final Completion and Setting
Board of Equalization Hearing Date for Sanitary Sewer District
513, Gosda Subdivision Along Lillie Drive West of North Road
Tuesday, September 28, 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: September 28, 2004
Subject: Certificate of Final Completion for Sanitary
Sewer District 513, Gosda Subdivision Along
Lillie Drive West of North Road
Item #’s: G-13
Presenter(s): Steven P. Riehle, Director of Public Works
Background
The contract for Sanitary Sewer District 513 was awarded to The Diamond
Engineering Company of Grand Island, NE on July 13, 2004. Work was
comple ted on August 31, 2004.
Discussion
The work for Sanitary Sewer District 513 was completed in accordance with the terms,
conditions, and stipulations of the contract and complies with the contract, the plans, and
the specifications. The project was completed on schedule at a construction price of
$22,803.10. Total cost of the project, including contract administration, is $25,575.60.
All of costs for this project will be assessed to the adjacent properties. Costs for the
project break down as follows:
Original Bid $ 23,394.50
Underruns $ (591.40)
Sub Total (Construction Price) $ 22,803.10
Additional Costs
Engineering, Publication, and TV Insp. Costs $ 2,772.50
Total Cost $ 25,575.60
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Certificate of Final Completion.
2. Disapprove or/Deny the Certificate of Final Completion.
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 Sanitary Sewer District 513 and set the Board of Equalization date of
October 26, 2004.
Sample Motion
Move to approve the Certificate of Final Completion and set the Board of Equalization
Hearing for Sanitary Sewer District 513.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
SANITARY SEWER DISTRICT 513
GOSDA SUBDIVISION ALONG LILLIE DRIVE WEST OF NORTH ROAD
CITY OF GRAND ISLAND, NEBRASKA
September 28, 2004
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that SANITARY SEWER DISTRICT NO. 513, has been fully completed by
The Diamond Engineering Company of Grand Island, Nebraska under contract dated July 21,
2004. 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.
Sanitary Sewer District 513 is located at Lillie Drive.
Item Description Unit Total Total
No. Price Quantity Cost
1 Build 8" Sanitary Sewer $ 15.40 738.00 $ 11,365.20
2 Build 4" Dia. STD. Manhole $ 2,490.00 2.00 $ 4,980.00
3 Build 4" Dia. Manhole/ Extra Depth $ 230.00 0.73 $ 167.9
4 Build Service Line Per STD. Plan No. 132-A $ 825.00 5.00 $ 4,125.00
5 Furnish & Place Gravel $ 7.00 70.00 $ 490.00
6 Construct 4" Sanitary Sewer / Water Main
Crossing Per STD. Plan No. 138 $ 335.00 5.00 $ 1,675.00
TOTAL CONSTRUCTION COST $22,803.10
SUMMARY OF OTHER COST
City of Grand Island Wastewater Division-
TV Inspection $ 376.00
G.I. Daily Independent-Advertising $ 116.19
City of Grand Island Engineering Division
Engineering & Administration $ 2,280.31
TOTAL OTHER COSTS $ 2,772.50
TOTAL COST OF SANITARY SEWER DISTRICT $25,575.60
Respectfully submitted,
Steven P. Riehle, P.E.
Director of Public Works
TO MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for the SANITARY
SEWER DISTRICT NO. 513, be approved and a warrant be issued from Account No. 53030055-
85213 in the amount of $22,803.10 payable to The Diamond Engineering Co. for the amount due
to the contractor.
I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516
from Account No. 53030055-85213 in the amount of $2,280.31.
I further recommend that the City Council sit as the Board of Equalization on October 26, 2004 to
determine benefits and levy special assessments.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-245
WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate
of Final Completion for Sanitary Sewer District 513, certifying that The Diamond Engineering Company of
Grand Island, Nebraska, under contract dated July 13, 2004, 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 district; 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 Sanitary Sewer District 513 is
hereby confirmed.
2. The City Council will sit as a Board of Equalization on October 26, 2004 to determine benefits and
set assessments for Sanitary Sewer District 513.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2004-246 - Approving Bid Award for a 35,000 GVW Truck
Mounted Sewer Flushing Machine
Tuesday, September 28, 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: September 28, 2004
Subject: Approving Bid Award for a 35,000 GVW
Truck Mounted Sewer Flushing Machine
Item #’s: G-14
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
On August 26, 2004 the Engineering Division of the Public Works Department
advertised for bids for One (1) 35,000 GVW Truck Mounted Sewer Flushing Machine.
Discussion
Four bids were received and opened on September 13, 2004. The Engineering
Division of the Public Works Department and the Purchasing Division of the City
Attorney’s Office have reviewed the bids that were received. All bids were
submitted in compliance with the contract, plans, and specifications with the
exceptions of the low bidder, Nebraska Truck Center Inc. A summary of the bids
is shown below.
Bidder Exceptions Bid Security Total Bid
Hansen
International
Truck Inc.
None Cashier’s
Check
$126,068.85
Hansen
International
Truck Inc.
None Cashier’s
Check
$140,639.85
Wick’s Sterling
Trucks, Inc.
None Employers
Mutual
Casualty Co.
$141,000.00
Nebraska Truck
Center, Inc.
Noted Inland
Insurance Co.
$125,460.00
The low bid exceeds the Estimate by $460.00. It is felt that the current rise in steel prices
is responsible for increasing the price of the unit. The exceptions noted by Nebraska
Truck Center are minor components and are not considered to have any impact on the
quality of the unit.
The estimate for this unit was $125,000.00. There are sufficient funds in Account No.
53030054-85625 to fund this purchase.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve acquisition of the Truck Mounted Sewer Flushing Machine from the
lowest bidder.
2. Disapprove or/Deny the acquisition, thereby rejecting all bids.
3. Modify the terms to meet the wishes of the Council.
4. Table the issue, however, the contractor may withdraw their bid if there is not
a contract awarded within 45 days of bid opening.
Recommendation
City Administration recommends that the Council approve the acquisition and pass a
resolution authorizing the Mayor to issue a purchase order to Nebraska Truck Center Inc.,
of Grand Island, Nebraska, for the amount of $125,460.00.
Sample Motion
Move to approve the acquisition of the unit from Nebraska Truck Center Inc., of Grand
Island, Nebraska for the Truck Mounted Sewer Flushing Machine.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 13, 2004 at 11:00 a.m.
FOR: (1) 35,000 GVW Truck Mounted Sewer Flushing Machine
DEPARTMENT: Public Works
ESTIMATE: $125,000.00
FUND/ACCOUNT: 53030054-85625
PUBLICATION DATE: August 26, 2004
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Hansen International Truck, Inc. Nebraska Truck Center, Inc.
Grand Island, NE Grand Island, NE
Bid Security: Cashier’s Check Inland Insurance Company
Exceptions: None Noted
Make: International Freightliner
Bid Price: #1 $126,068.85 $125,460.00
#2 $140,639.85
Bidder: Wick’s Sterling Trucks, Inc.
Omaha, NE
Bid Security: Employers Mutual Casualty Co.
Exceptions: None
Make: Sterling
Bid Price: $141,000.00
cc: Steve Riehle, Public Works Director Ben Thayer, Supt. of WWTP
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P938
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-246
WHEREAS, the City of Grand Island invited sealed bids for one 35,000 GVW Truck
Mounted Sewer Flushing Machine, according to plans and specifications on file with the City Engineer; and
WHEREAS, on September 13, 2004, bids were received, opened and reviewed; and
WHEREAS, Nebraska Truck Center, Inc. of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $125,460.00; and
WHEREAS, although Nebraska Truck Center, Inc.'s bid is $460 more than the estimate
for such equipment, it is believed that such increase is due to the current rise in steel prices.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center, Inc. of Grand
Island, Nebraska, in the amount of $125,460.00 for one 35,000 GVW truck mounted sewer flushing
machine is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2004-247 - Approving Bid Award for a Positive Displacement
Trailer Mounted Sewer Vacuum
Tuesday, September 28, 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: September 28, 2004
Subject: Approving Bid Award for a Positive
Displacement Trailer Mounted Sewer Vacuum
Item #’s: G-15
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
On September 9, 2004 the Engineering Division of the Public Works Department
advertised for bids for One (1) Positive Displacement Trailer Mounted Sewer Vacuum.
Discussion
One bid was received and opened on September 22, 2004. The Engineering
Division of the Public Works Department and the Purchasing Division of the City
Attorney’s Office reviewed the bid that was received. The bid was submitted in
compliance with the contract, plans, and specifications. The bid is shown below.
Bidder Exceptions Bid Security Total Bid
Elliot Sanitation
Equipment
Company
Lincoln, NE
None Merchants Bonding
Co.
$54,820.00
The estimate for this unit was $65,000.00. There are sufficient funds in Account No.
53030054-85625 for this purchase.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve acquisition of the Positive Displacement Trailer Mounted Sewer
Vacuum from the lowest bidder.
2. Disapprove or/Deny the acquisition.
3. Modify the terms to meet the wishes of the Council.
4. Table the issue, however, the contractor may withdraw their bid if there is not
a contract awarded within 45 days of bid opening.
Recommendation
City Administration recommends that the Council approve the acquisition and pass a
resolution authorizing the Mayor to issue a purchase order to Elliot Sanitation Equipment
Company, of Lincoln, Nebraska, for the amount of $54,820.00.
Sample Motion
Move to approve the acquisition of the unit from Elliot Sanitation Equipment Company,
of Lincoln, Nebraska, for the Positive Displacement Trailer Mounted Sewer Vacuum.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 22, 2004 at 11:00 a.m.
FOR: (1) Positive Displacement Trailer Mounted Sewer Vacuum
DEPARTMENT: Public Works
ESTIMATE: $65,000.00
FUND/ACCOUNT: 53030054-85625
PUBLICATION DATE: September 9, 2004
NO. POTENTIAL BIDDERS: 2
SUMMARY
Bidder: Elliott Sanitation Equipment Company
Lincoln, NE
Bid Security: Merchants Bonding Company
Exceptions: None
Bid Price: $54,820.00
cc: Steve Riehle, Public Works Director Ben Thayer, WWTP Superintendent
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P943
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-247
WHEREAS, the City of Grand Island invited sealed bids for one Positive Displacement
Trailer Mounted Sewer Vacuum, according to plans and specifications on file with the City Engineer; and
WHEREAS, on September 22, 2004, bids were received, opened and reviewed; and
WHEREAS, Elliott Sanitation Equipment Company of Lincoln, Nebraska, submitted a bid
in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $54,820.00; and
WHEREAS, Elliott Sanitation Equipment Company's bid is less than the estimate for such
equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Elliott Sanitation Equipment Company of
Lincoln, Nebraska, in the amount of $54,820.00 for one positive displacement trailer mounted sewer
vacuum is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2004-248 - Approving Agreement with Kirkham Michael &
Associates, Inc. for Consulting Services Relative to Railroad
Corridor Study
Tuesday, September 28, 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., Director of Public Works
Meeting: September 28, 2004
Subject: Approving Agreement with Kirkham Michael
& Associates, Inc. for Consulting Services
Relative to Railroad Corridor Study
Item #’s: G-16
Presenter(s): Steven P. Riehle, Director of Public Works
Background
Proposals were solicited from Consulting Engineering Companies for performing a
Railroad Corridor Safety study. Eight (8) proposals were received.
Discussion
A committee comprised of Public Works Director Steve Riehle, Executive Assistant Paul
Briseno, Civil Engineering Manager Ron Underwood & Engineering Technician
Supervisor Tom Carlson conducted interviews with two firms during the week of
September 13, 2004. Kirkham Michael & Associates, Inc. of Omaha, Nebraska was
chosen and an agreement was negotiated for the work to be performed at actual costs
with a maximum amount of $123,500.
Alternatives
It appears that the Council has the following alternatives concerning the issue at ha nd.
The Council may:
1. Approve a resolution authorizing the mayor to execute the agreement.
2. Disapprove or/Deny the resolution.
3. Modify the terms of the agreement to meet the wishes of the Council.
4. Table the issue, however, the Consultant may withdraw their proposal if there
is not an agreement entered into within 45 days.
Recommendation
City Administration recommends that the Council approve agreement.
Sample Motion
Move to approve the agreement with Kirkham Michael & Associates, Inc to perform the
Ra ilroad Corridor Study
Approved as to Form ¤ ___________
September 23, 2004 ¤ City Attorney
R E S O L U T I O N 2004-248
WHEREAS, the City of Grand Island invited proposals for a Railroad Corridor Safety
Study in accordance with a Request for Proposal on file with the Public Works Department; and
WHEREAS, on April 7, 2004, eight proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, city staff conducted interviews with two of the proposing firms; and
WHEREAS, as a result of the interviews, an agreement was negotiated with Kirkham
Michael & Associates, Inc. of Omaha, Nebraska, to perform the railroad corridor study for actual costs at
a not to exceed cost of $123,500.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Kirkham Michael & Associates, Inc. of Omaha,
Nebraska, is hereby authorized to perform a Railroad Corridor Safety Study at actual costs with a not to
exceed cost of $123,500.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Procon Management Inc. to Allow
Out Swing Doors Onto the Public Sidewalk
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: September 28, 2004
Subject: Consideration of Request from Procon Management Inc.,
to Allow Out Swing Doors onto the Public Sidewalk
Item #’s: H-1
Presenter(s): Craig A. Lewis , Building Department Director
Background
On July 21, 2004 Procon Management Inc. submitted a License Agreement Application
for out swing doors onto the public sidewalk in front of 208 N Pine Street. A letter was
sent to Procon Management Inc. on August 10, 2004 denying the request. The need for a
License Agreement was identified and indicated to the property owners on a walk
through during construction and on the plans submitted for the construction project.
Discussion
The license agreement was denied because of the Grand Island City Code sections 32-1
and 32-69 which states that it shall be unlawful for any person to obstruct any sidewalk in
any manor which impedes the passage of traffic, and a license agreement shall be denied
if the City finds that the request impedes, impairs, or diminishes the use of the public land
by the City, the public or other persons which have a lawful right to use and/or occupy
said land. Model Building Codes published and adopted throughout the United States and
Foreign Countries have for years prohibited doors and windows from opening onto or
projecting into the Public Right of Way.
In addition, a quick survey of the buildings in the Downtown area reveals that most of the
buildings have the doors recessed into the front façade of the building, not by accident
but by design so that the doors leading to and exiting from the buildings do not encroach
into or swing over the public sidewalks and place at risk the pedestrian walking along the
public sidewalk.
Alternatives
1. Approve the request and execute a License Agreement for the encroachment.
2. Disapprove or /Deny the request and require the encroachment to be removed
and the property to comply with the City Code.
3. Modify the request to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council deny the request as the encroachment
impedes, impairs, and diminishes the public use of the public sidewalk
Sample Motion
Move to deny the request for a License Agreement to allow exterior doors to
swing over the Public sidewalk.
Item J1
Payment of Claims for the Period of September 15, 2004 through
September 28, 2004
The Claims for the period of September 15, 2004 through September 28, 2004 for a total of
$3,289,864.98. A MOTION is in order.
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item X1
Discussion Concerning Litigation Issues and Property Acquisition
ADJOURN TO EXECUTIVE SESSION:
Discussion regarding Litigation Issues and Property Acquisition.
RETURN TO REGULAR SESSION:
Tuesday, September 28, 2004
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council