04-12-2005 City Council Regular Meeting PacketCity of Grand Island
Tuesday, April 12, 2005
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
Fred Whitesides
City of Grand Island City Council
Call to Order
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
/Invocation - Pastor Rene Lopez, Iglesia de Dios, 2525 West
State 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
Recognition of Dick Strehle, Meter Reader Supervisor for 40
Years of Service with the City
The Mayor and City Council will recognize Dick Strehle, Meter Reader Supervisor for 40
years of service with the City. Mr. Strehle was hired on April 19, 1965 as Apprentice Meter
Reader. On October 15, 1965 he moved to Meter Reader I and on May 1, 1968 was promoted
to Meter Reader II. On February 28, 1977 Mr. Strehle was promoted to Meter Reader
Supervisor. We congratulate Mr. Strehle for his dedication and service to the City over the
last 40 years.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item C2
Proclamation "Red Hat Society Day" April 25, 2005
The Red Hat Society (women over 50 wearing red hats and purple attire) originated in
California in April of 1998. Currently there are more than 800,000 members and 37,000
Chapters world-wide. This organization has the ability to bring like-minded women together
to greet middle age with verve and humor. The Mayor has proclaimed April 25, 2005 as "Red
Hat Society Day" and encourages all citizens to share the enthusiasm for the future and
wherever life takes you. See attached PROCLAMATIION.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, “The Red Hat Society” began in California in April 1998 as a
result of a few women deciding to greet middle age with verve
and humor; and
WHEREAS, they believe silliness is the comedy relief of life, and since they
are all in it together, might as well join red-gloved hands and go
for the gusto together; and
WHEREAS, underneath the frivolity, they share a bond of affection, forged
by common life experiences and a genuine enthusiasm for
wherever life takes them; and
WHEREAS, there are more than 800,000 members with 37,000 Chapters
world-wide; with the local Chrysalis Red Hat Chapter “Lifeline
For Good Times” ha ving 15 members ranging in age from 72 to
89 years young at heart; and
WHEREAS, they enjoy the lifestyle of belonging, making a difference, and
making the most of life.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska,
do hereby proclaim April 25, 2005 as
“RED HAT SOCIETY DAY”
in the City of Grand Island, and encourage all citizens to share
with the Red Hat Society the genuine enthusiasm for the future
and wherever life takes you.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this day of in the year of
our Lord Two Thousand and Five.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item C3
Proclamation "National Autism Awareness Month" April, 2005
A severe, life-long development disability, resulting in the significant impairment of an
individual's ability to learn, develop appropriate social skills, and understand verbal, non-
verbal, and reciprocal communication, Autism affects one out of every 250 babies born today.
The Mayor has proclaimed the month of April, 2005 as "National Autism Awareness
Month" and encourages a greater recognition and understanding of Autism. See attached
PROCLAMATION.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, Autism is a severe, life-long development disability, resulting in
the significant impairment of an individual’s ability to learn,
develop appropriate social skills, and understand verbal, non-
verbal, and reciprocal communication; and
WHEREAS, One out of every 250 babies born today will develop some form
of Autism. This means that an estimated 1.5 million Americans
have Autism today, and another 15 million Americans are
directly impacted by Autism; and
WHEREAS, No cure for Autism exists but persons with Autism can reach
their full potential with an early and accurate diagnosis and by
receiving the appropriate educational and medical interventions;
and
WHEREAS, Family support groups like The Autism Society of Nebraska,
Grand Island chapter, are dedicated to the ongoing efforts to
advocate for the rights and appropriate interventions of all
persons with Autism; and
WHEREAS, This family support group is committed to educating area
families, professionals in our community and the general public
to better understand this lifelong disorder; and
WHEREAS, Autism is a puzzling and complex disability that requires
increased medical research to one day find a cure and
prevention; and
WHEREAS, A greater recognition and understanding of Autism will ensure
individuals with Autism reach their full potential a citizens of
Grand Island, Nebraska and the United States of America.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska,
do hereby proclaim the month of April, 2005 as
“NATIONAL AUTISM
AWARENESS MONTH”
in the City of Grand Island.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this day of in the year of
our Lord Two Thousand and Five.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item C4
Proclamation "National Library Week" April 10-16, 2005
"Something for Everyone @ Your Library" is the local theme for this year's celebration of
National Library Week, April 10th through the 16th. This year our public library will be
participating in the One Book/One State reading/discussion of Willa Cather's book "My
Antonia" with programs throughout the week. And in keeping with "something for
everyone", plans for the library expansion will be the subject of a special exhibit at the
library and on GITV during the week. The Mayor has proclaimed the Week of April 10-16,
2005 as "National Library Week". See attached PROCLAMATION.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, our nation's public, academic, school and specialized libraries
provide something for everyone;
WHEREAS, libraries play a vital role in providing millions of people with the
resources they need to live, learn and work in the 21st century;
and
WHEREAS, libraries are changing and dynamic places and librarians are the
ultimate search engine, helping people of all ages find the
information they need in print and online; and
WHEREAS, libraries are part of the American Dream – places for
opportunity, education, self-help and lifelong learning; and
WHEREAS, libraries bring you a world of knowledge both in person and
online, as well as personal service and assistance in finding what
you need, when you need it; and
WHEREAS, libraries are a key player in the national discourse on intellectual
freedom, equity of access, and narrowing the “digital divide;”
and
WHEREAS, awareness and support must be increased for libraries, librarians
and library workers by raising their visibility in a positive
context and by communicating clearly and strongly why
libraries are both unique and valuable and how librarians
provide the information literacy skills that people need to
succeed throughout life; and
WHEREAS, more individuals must be recruited to the profession of
librarianship and to work in libraries to maintain their vitality in
today’s changing workplace; and
WHEREAS, libraries and library supporters across America are celebrating
National Library Week with @ your libraryä, The Campaign for
America’s Libraries, and locally with the theme “Something for
Everyone @ Your Library”.
NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, do hereby
proclaim, April 10 -16, 2005 as
NATIONAL LIBRARY WEEK
in the City of Grand Island, and encourage all residents to take
advantage of the wonderful library resources available and thank
their librarians for making information available to all who walk
through the library’s doors. Come see what’s new @ your
library this April and on the horizon for the library’s
expansion/renovation project expected to break ground in fall
2005.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this Twelfth day of April
in the year of our Lord Two Thousand and Five.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item D1
#2005-BE-4 - Consideration of Determining Benefits for Street
Improvement District 1221; South Locust Street from US HWY 34
to Stolley Park Road
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Board of Equalization Hearing to Determine
Benefits and Consideration of an Ordinance
Levying Assessments for Street Improvement
District 1221; South Locust Street from US
HWY 34 to Stolley Park Road
Item #’s: D-1 & F-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Completion for Street Improvement District No. 1221
was approved on March 8, 2005 with April 12, 2005 set as the date for Council to
sit as the Board of Equalization. All work has been completed and sidewalk
assessments have been calculated for the District.
Discussion
The contract for Street Improvement District No. 1221 was awarded to The Diamond
Engineering Company of Grand Island, Nebraska on November 21, 2000. Work on the
project was at a construction price of $5,188,812.06. Costs for the project break down as
follows:
Original Bid $4,996,117.48
Change Orders (1-4) $ 191,864.10
Adjusted Contract Price $5,187,981.58
Overruns $ 830.48
Sub Total (Construction Price) $5,188,812.06
Only a portion of the project will be assessed for sidewalks installed where sidewalks did
not exist prior to construction. The amount to be assessed is $66,739.20.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
1. Make a motion to approve the recommendation to allow the Board of
Equalization to determine benefits for Street Improvement District No. 1221
and pass an ordinance allowing the City to recover a portion of the project
from sidewalk installment.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council, sitting as a Board of Equalization,
determine the benefits and pass an ordinance to levy Special Assessments to individual
properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for Street Improvement District No.
1221.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for Street Improvement District
No. 1221.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-BE-4
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement
District No. 1221 – Sidewalks, after due notice having been given thereof, that we find and
adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$66,739.20; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Street Improvement District No. 1221 - Sidewalks, such benefits are the sums set
opposite the several descriptions as follows:
Name Description Assessment
Stratford Plaza LLC Lot 11, Woodland Second Subdivision 5,823.84
Helen M. Otto, Laurence Otto, POA Lot 10, Woodland Second Subdivision 1,689.60
Bennett Properties Inc. Lot 9, Woodland Second Subdivision 1,596.67
Bosselman, Inc. Lot 8, Woodland Second Subdivision 1,630.46
Integrated Holdings, Inc. Part of the S1/2, SW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the NW corner of said S1/2, SW1/4;
thence south on the west line of the SW1/4 73.0 feet;
thence deflecting left 88º41'13" and running east 168.0
feet; thence deflecting right 88º30'15" and running south
74.64 feet to the east ROW of Locust Street, this being
the Actual Point of Beginning; thence continuing
southerly along said ROW 46.65 feet; thence
southwesterly along the arc of a curve whose radius is
93.15 feet, an arc distance of 53.28 feet to another point
of curvature; thence southwesterly along the arc of a
curve whose radius is 272.4 feet, an arc distance of
154.5 feet; thence running southerly along said ROW
and the final tangent of preceding curve, a distance of
262.1 feet; thence easterly along the north line of S1/2,
SW1/4, SW1/4 264.6 feet; thence deflecting left
91º33'05" and running northerly 229.23 feet; thence
deflecting right 88º15'01" and running easterly 56.74
feet; thence deflecting left 88º15'01" and running
northerly 195.4 feet; thence deflecting left 90º06'19" and
running westerly a distance of 6.11 feet; thence
northwesterly along the arc of a curve whose radius is
122.99 feet, the long chord deflecting right 09º49'02", a
distance of 2.12 feet; thence northwesterly along the
4,776.29
RESOLUTION 2005-BE-4
- 2 -
final tangent of the preceding course, a distance of 72.0
feet; thence northwesterly along the arc of a curve
whose radius is 331.88', a distance of 121.53 feet to the
actual point of beginning.
Vanosdall Softball Fields, Inc. Part of the S1/2, SW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the NW corner of said S1/2, SW1/4;
thence east on the north line of the S1/2, SW1/4
1,877.89 feet; thence deflecting right 89º58'40" and
running south 327.51 feet; thence deflecting right
59º33'57" and running southwest 654.09 feet; thence
deflecting right 30º48'56" and running west 106.0 feet;
thence south parallel to the east line of SW1/4, SW1/4
581.92 feet to the northerly ROW line of U.S. Highway
34; thence northwesterly along the ROW line 298.1 feet;
thence northwesterly along the ROW line 522.22 feet;
thence deflecting right 83º21'07" and running north
753.83 feet; thence deflecting right 88º25'01" and
running east 56.74 feet; thence deflecting left 88º15'01"
and running north 195.4 feet; thence deflecting left
90º06'19" and running west 6.11 feet; thence running
northwest along the arc of a curve whose radius is
122.99 feet, the long chord of which deflects right
09º49'02", an arc distance of 82.12 feet; thence
deflecting right 19º08'42" a distance of 72.0 feet; thence
northwesterly along the arc of a curve whose radius of
331.88 feet an arc distance of 121.53 feet; thence
deflecting right 81º56'35" and running north 74.64 feet;
thence west parallel to the north line of said S1/2,
SW1/4 168.0 feet to the west line of Section 27; thence
north along the west line of Section 27, 73.0 feet to the
place of beginning.
1,606.18
Rex E. and Jonadyne A. Carpenter Lot 1, Woodland First Subdivision 1,856.98
Rex E. and Jonadyne A. Carpenter Lot 2, Woodland First Subdivision 1,856.98
MIK, LLC Part of the NW1/4, S1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the southwest corner of said NW1/4,
SW1/4; thence northerly along the west line of said
NW1/4, SW1/4 on an assumed bearing of N00º00'00"E
for 323.97 feet; thence S88º38'31"E for 659.92 feet;
thence S00º00'46"E for 323.37 feet to a point on the
south line of said NW1/4, SW1/4; thence N88º41'10"W
along the south line of said NW1/4, SW1/4 660.02 feet
to the point of beginning.
2,824.80
Equitable Federal Savings Bank of
Grand Island
Lot 3, Woodland First Subdivision 1,483.68
Danny Oberg Lot 4, Woodland First Subdivision 1,733.95
Theodore J. Robb Part of the NW1/4, SW1/4 of Section 27-11-9; more 2,966.30
RESOLUTION 2005-BE-4
- 3 -
particularly described as follows:
Beginning on the west line of Section 27, said point
being 324.0 feet north of the northwest corner of SW1/4,
SW1/4 of said Section 27; thence east parallel with the
south line of said SW1/4, SW1/4, for a distance of 660.0
feet; thence north parallel with the west line of said
Section 27, for 336.0 feet; thence west parallel with the
south line of said SW1/4, SW1/4 for a distance of 660.0
feet; thence south along the west line of said Section 27,
a distance of 336.0 feet to the point of beginning.
Darryl Wilhelmi Lot 5, Woodland First Subdivision 1,657.92
Brad Shearer South 126 feet of the east 260 feet of Lot 6, Woodland
First Subdivision
966.24
All Faiths Funeral Home LLC Part of the NW1/4, SW1/4, a/k/a Part of Lot 4 Island in
Section 27-11-9; more particularly described as follows:
Beginning at a point 400.77 feet south of the northwest
corner of said SW1/4 of Section 27; thence running
easterly and parallel to the northerly line of said SW1/4,
a distance of 433.0 feet; thence southerly and parallel to
the west line of said SW1/4, a distance of 240.0 feet;
thence westerly and parallel to the northerly line of said
SW1/4, for a distance of 433.0 feet; thence northerly for
a distance of 240.0 feet to the point of beginning.
3,295.78
John L. and Beth A. French Lot 1, Knox Subdivision 2,404.51
Jack E. Rasmussen, Joanne L.
Rasmussen, Richard S. Rasmussen, June
E. Blackburn and William G. Blackburn
Lot 1 (except north 25 feet of east 260 feet), Woodland
Third Subdivision and the north 50 feet of east 260 feet
of Lot 6, Woodland First Subdivision
940.90
William E. Lawrey North 25 feet of east 260 feet of Lot 1, all of Lot 2,
Woodland Third Subdivision
1,130.98
Alpha Corporation East 260 feet of Lot 8, Woodland First Subdivision 958.85
Theodore J. Robb Lot 1, Knox Third Subdivision 633.60
Theodore J. Robb Lot 2, Knox Third Subdivision 623.04
Theodore J. Robb Lot 3, Knox Third Subdivision 528.00
McDermott & Miller P.C. Lot 1, Woodridge South Subdivision 1,349.57
William E. and Sandra L. Lawrey Lot 1, Garrison Subdivision 1,259.81
Marion D. Larsen, Trustee Lot 2, Woodridge South Subdivision 1,461.50
Eloy Uribe and Oralia Erives Part of the SW1/4, NW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at a point 377.5 feet north of and 33 feet east
of the quarter section corner between Sections 27 & 28;
thence running north parallel to the west line of said
Section 27, a distance of 147.5 feet; thence easterly at
right angles a distance of 354.65 feet; thence southerly
at right angles a distance of 147.5 feet; thence westerly
at right angles a distance of 355.9 feet to the point of
1,123.58
RESOLUTION 2005-BE-4
- 4 -
beginning.
Marion D. Larsen, Trustee South 71 feet of Lot 26 and north 79 feet of Lot 27,
Holcomb's Highway Homes Subdivision
1,416.10
McCloud Super 8 Motel, Inc. Part of Lot 25, Matthew's Subdivision; more particularly
described as follows:
Beginning at the northwest corner of said Lot 25; thence
easterly along the north line of said Lot 25, 822.48 feet
to the northeast corner of said Lot 25; thence southerly
on the east line of said Lot 25, a distance of 324.65 feet
to the centerline of Wood River; thence deflecting right
23º55'50" and running southwesterly along said
centerline, a distance of 98.4 feet; thence deflecting right
63º39'10" and running westerly a distance of 417.33
feet; thence deflecting right 91º53' and running northerly
a distance of 268.21 feet; thence deflecting left
90º01'50" and running westerly, a distance of 361.5 feet
to the west line of said Lot 25; thence north along the
west line of said Lot 25, a distance of 268.33 feet to the
point of beginning.
2,167.97
Alvina Hernandez South 97 feet of Lot 24, Lot 25, and the north 38 feet of
Lot 26, Holcomb's Highway Homes Subdivision
1,807.87
City of Grand Island Lot 1, Mil-Nic Second Subdivision 368.54
Cedar Street Investment Co., a/k/a
Nebraska Mil-Nic, Inc.
Lot 2, Mil-Nic Second Subdivision 3,438.34
Charles E. Douthit Lot 21, Holcomb's Highway Homes Subdivision 384.38
Video Kingdom of Grand Island, Inc. South 108 feet of Lot 20, Holcomb's Highway Homes
Subdivision
597.70
Rickie D. and Susan J. Noden South 52 feet of Lot 19 and North 1 foot of Lot 20,
Holcomb's Highway Homes Subdivision
241.82
Jerry and Geraldine K. Alberts Lot 2, Shovlain Second Subdivision 379.10
Gary E. and Linda D. Shovlain Lot 3, Shovlain Second Subdivision 1,775.14
Dianna D. Duering Lot 1, Bartz Subdivision 1,051.78
Ryan and Darcy Hansen Lot 15, Holcomb's Highway Homes Subdivision 911.33
Robert D. Hancock and Charles L.
Hancock
Lot 14, Holcomb's Highway Homes Subdivision 956.74
Ronald J. and Lori D. Willis NE1/4, NE1/4 of Section 28-11-9; more particularly
described as follows:
Beginning at a point on the east line of said Section 28,
605 feet south of the northeast corner of said section;
thence west parallel to the north line of Section 28, a
distance of 233 feet; thence south 100 feet; thence east
233 feet; thence north on the east line of Section 28, 100
feet to the point of beginning.
840.58
RESOLUTION 2005-BE-4
- 5 -
Bradley L. Shanahan and Teresa L.
Brooks
East 100 feet of Lot 12 and Lot 13, Holcomb's Highway
Homes
2,221.80
TOTAL $66,739.20
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on April 12, 2005.
____________________________________
RaNae Edwards, Cit y Clerk
Item E1
Public Hearing on Request of Edward & Anita Sabatka dba Uncle
Ed's Steakhouse, 2624 South Locust Street for a Class "I" Liquor
License
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 12, 2005
Subject: Public Hearing on Request of Edward & Anita Sabatka
dba Uncle Ed’s Steakhouse, 2624 South Locust Street for
a Class “I” Liquor License
Item #’s: E-1 & G-6
Presenter(s): RaNae Edwards, City Clerk
Background
Edward & Anita Sabatka dba Uncle Ed’s Steakhouse, 2624 South Locust Street have
submitted an application for a Class “I” Liquor License. A Class “I” Liquor License
allows for the sale of alcoholic beverages on sale only within the corporate limits of the
City of Grand Island.
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. Approval is recommended contingent
upon final inspections.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for Edward & Anita Sabatka dba Uncle Ed’s Steakhouse,
2624 South Locust Street for a Class “I” Liquor License.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Take no action on the issue.
Recommendation
City Administration recommends that the Counc il approve this request contingent upon
final inspections.
Sample Motion
Move to approve the request of Edward & Anita Sabatka dba Uncle Ed’s Steakhouse,
2624 South Locust Street for a Class “I” Liquor License contingent upon final
inspections.
Item E2
Public Hearing on Request of Svoboda & Henk, Inc. dba
Godfather's Pizza, 1201 South Locust Street for a Change of
Location Class "A-12626" Liquor License
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 12, 2005
Subject: Public Hearing on Request of Svoboda & Henk, Inc. dba
Godfather’s Pizza, 1201 South Locust Street for a
Change of Location Class “A-12626” Liquor License to
1916 South Locust Street
Item #’s: E-2 & G-7
Presenter(s): RaNae Edwards, City Clerk
Background
Svoboda & Henk, Inc. dba Godfather’s Pizza, 1201 South Locust Street has submitted an
application for a change in location to their Class “A-12626” Liquor License to 1916
South Locust Street.
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. Approval is recommended contingent
upon final inspections.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Svoboda & Henk, Inc. dba Godfather’s Pizza, 1201
South Locust Street for a change of location to their Class “A-12626” Liquor
License.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve this request contingent upon
final inspections.
Sample Motion
Move to approve the request of Svoboda & Henk, Inc. dba Godfather’s Pizza, 1201 South
Locust Street for a change in location to their Class “A-12626” Liquor License to 1916
South Locust Street contingent upon final inspections.
Item E3
Public Hearing on Request of Dale Hartwig for Conditional Use
Permit for Temporary Crushed Concrete Parking/Staging Area to
be used during St. Francis Medical Center Bed Tower Addition
Located at 905 North Custer Street
Tuesday, April 12, 2005
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: April 12, 2005
Subject: Conditional Use Permit for Temporary Parking Lot at
905 N. Custer Street
Item #’s: E-3 & G-8
Presenter(s): Craig Lewis , Building Department Director
Background
This is a request of St. Francis Medical Center to allow for the approval of a temporary
parking lot at 905 N. Custer. This request is to facilitate the parking of construction
vehicles and the storage of materials in conjunction with their recent building addition.
The property is currently zoned R-O, Residential Office. That zoning classification
allows as a conditional use approved by the City Council, parking lots. Additional
approvals are required as the applicant wishes to install as a temporary surface crushed
concrete as opposed to hard surfaced materials required by the city code for parking lots.
The City Code does provide for City Council approval of temporary uses, not to exceed
two years in undeveloped areas and six months in developed areas.
Discussion
The City code does identify parking lots in the residential office zone as a conditional
use. The placement of crushed concrete for a surface as opposed to a permanent hard
surface of asphalt or concrete would be allowed by code only as a temporary use
approved by the City council. These two items appear as a reasonable request to facilitate
the current and proposed construction activity planned by the Hospital.
Two conditions suggested to be placed upon this request are: 1). A landscape buffer of 5’
along the north and south boundaries, and 10’ adjacent to the east and west boundaries of
the property need to be provided to comply with the landscape requirements of the City
Code and to help buffer neighboring properties from the proposed parking lot. 2). The
responsibility of controlling any dust created from the lot needs to be addressed by the
applicants during any dry months throughout the duration of the use.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Disapprove or /Deny the request.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the request with the
conditions identified imposed.
Sample Motion
A motion to approve the request for a conditional use permit to provide a parking lot at
905 N. Custer St. for a three year period with the conditions as outlined in the staff
recommendation.
Item E4
Public Hearing on Request of Richard Hartman for Conditional
Use Permit for Sand and Gravel Operation Located at 3812 South
Blaine Street
Tuesday, April 12, 2005
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: April 12, 2005
Subject: Public Hearing on Request of Richard & Patricia Hartman and
Lyman-Richey Corp. dba as Central Sand and Gravel for a
Conditional Use Permit to Operate a Sand and Gravel Pumping
Facility at 3812 S. Blaine Street
Item #’s: E-4 & H-1
Presenter: Craig Lewis, Building Department Director
Background:
This request is for council approval to allow for the operation of a sand and gravel facility
at the above referenced address. A conditional use permit is required as the current
zoning classification TA (transitional agriculture) does not allow for this type of use as a
permitted principal use. The zoning classification does list as a permitted conditional use,
commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as
listed in the zoning code must be approved by the City Council.
The request is to begin the operation in 2006 and continue for approximately 22 years or
until 2025.
There appears to be one correction needed in the application submitted, the plant location
is referenced as 1,300 feet east of Blaine Street, this I believe was intended to state 1,300
feet west of Blaine Street.
Discussion:
Sand and gravel operations have been a part of Grand Island and the surrounding areas
for a long time, as residential development continues to expand and the two uses become
closer neighbors, more conditions need to be implemented to assure a compatible
existence for both uses.
City administration has developed the following restrictions, or conditions which appear
appropriate to impose upon sand and gravel operations.
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stock piling, distribution, and sales, both wholesale and
retail. Retail sale may also include the sale of black dirt, river rock, and similar
landscaping materials. The storage, recycling, or processing of other aggregate materials,
such as asphalt or concrete is not allowable unless specifically listed, nor are the
operation of concrete or asphalt batch plants. Neither of these operation have been
requested in this application.
2). CLOSURE: A statement of the proposed use of the property after the closing of the
sand and gravel operation has been provided along with the application.
3). PRIMARY CONDITIONS:
(a). The permit shall be granted for a period not to exceed 10 years with the possibility of
renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of
way and protected by a 6 foot earthen berm during pumping. The finished width of
developable property adjacent to the public right of way shall be 300 feet at the time of
termination of the operation. A setback of 100 feet from any adjacent property line, and a
setback of 250 feet from the Central Platte Natural Resources District Wood River
Diversion Channel Levee property shall be maintained between the pumping operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight
hours (15) minutes before sunrise and (15) minutes after sunset Mondays through
Saturdays. No pumping or other processing activities shall be permitted on Sundays or
from fifteen minutes after sunset to fifteen minutes before sunrise. Two exceptions to this
condition shall be in the months of March, April, October, and November activities may
operate from 6:00a.m. to 7:00p.m.to allow for winter condition. The second exception
shall be that trucking of the product shall be allowed on Sundays from 7:00 a.m. to 12:00
noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or
the regulated floodway as determined by the Federal Emergency Management Agency or
its successor and the entity with jurisdiction and authority to enforce floodplain
regulations. There is currently along the east edge of the property a 45’ electrical
easement and an existing transmission line, no product, material or equipment shall be
stored within that easement or in such a manor that it would violate any safety provisions
of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon
as practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any
nature whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an
unreasonable hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the
real property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over
and across any public highway or road unless said sand and gravel is complete dry and
free from water or is hauled in trucks which are designed and equipped so as to prevent
water from leaking onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping
operations shall be retained upon the premises and shall not flow upon or encroach upon
any adjacent land. Only surface waters that have historically flowed from the premises
shall be permitted to leave the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the
issuance of this permit or if the applicant fail to begin operations within the 18 months
the permit shall be considered null and void and subject to reapplication and rehearing.
Additionally if at anytime during the life of the permit issued the operation shall cease for
a period of a continuous 18 months the permit shall become void and a renewal shall be
obtained before becoming once again operational.
ALTERNATIVES:
It appears the Council has the following alternatives concerning the issue.
1. Approve the request with the proposed conditions.
2. Deny the request.
3. Approve the request with additional or revised conditions.
RECOMMENDATION:
Approve the request with the identified conditions presented by City Administration.
SAMPLE MOTION:
Motion to approve the conditional use permit with the conditions identified by the City
Administration, published in the Council packet and presented at the Council meeting.
Item E5
Public Hearing for a Community Revitalization Assessment Grant
Application
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Specialist
Council Meeting: April 12, 2005
Subject: Public Hearing for Community Revitalization
Needs Assessment Block Grant
Item #’s: E-5 & G-11
Presenter(s): Joni Kuzma, Community Development Specialist
Background
The Nebraska Department of Economic Development (NDED) has developed a program
for investing CDBG funds into eight Nebraska municipalities from 20,000 to less than
50,000 populations. This Comprehensive Revitalization category was approved in the
2005 Department of Economic Development CDBG Action Plan and an application
process established. The proposed program would provide funds to Grand Island over a
multi-year period to meet locally identified needs that are CDBG eligible. The City may
receive approximately $290,000 per year for 2006, 2007 and 2008 to use for
redevelopment projects in a specifically defined low-to moderate income neighborhood
within city boundaries.
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. A legal notice was published in the March 5,
2005 Grand Island Independent with notice of this council meeting and contact
information for written comments.
Discussion
As an eligible community, the City is required to submit a Comprehensive Revitalization
application to the Department of Economic Development by April 15, 2005 to complete a
Comprehensive Needs Assessment and a Revitalization Strategy. The Comprehensive
Needs Assessment must identify all areas of low and moderate- income concentrations
and inventory all types and degree of housing and community development needs within
each area. The Revitalization Strategy must identify a one, two and three year action plan
to meet the needs of the low- to moderate-income neighborhood(s) selected for
investment.
The maximum Assessment/Strategy grant amount available is $7,500 with a minimum
25% local cash match of $2,500. This project may not exceed $10,000 total.
ALTERNATIVES
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Community Revitalization Needs Assessment and Strategy
application and give approval for the Mayor to sign all related documents
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that public comment be solicited regarding the
proposed application and that Council gives approval to the Community Revitalization
Needs Assessment/Strategy application and for the Mayor to sign all related documents.
Sample Motion
Motion to approve submission of the proposed application and authorize the Mayor to
sign all related documents
Item E6
Public Hearing on Acquisition of Right-of-Way at 431 Cherokee
Avenue (James Thornton and Pauline Thornton)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Doug Walker, City Attorney
Meeting: April 12, 2005
Subject: Public Hearing on Acquisition of Right-of-Way at 431
Cherokee Avenue (James and Pauline Thornton)
Item #’s: E-6 & G-12
Presenter(s): Steven P. Riehle, Public Works Director
Background
Nebraska State Law requires a Public Hearing and Council approval for
acquisition of property. The Public Works Department needs to acquire Right-of-
Way along the property of 431 Cherokee Avenue.
Discussion
The Right-of-Way is needed in order to construct the Sanitary Sewer District in the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the acquisition of the Right-of-Way.
2. Refer the issue to committee.
3. Postpone the issue.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Right-of-Way.
Sample Motion
Move to approve the acquisition of the Right-of-Way.
Item E7
Public Hearing on Purchase of Thornton Property Located at 1
Navajo Drive (Chester Thornton and Juliann Thornton)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Doug Walker, City Attorney
Meeting: April 12, 2005
Subject: Public Hearing on Purchase of Thornton Property
Located at 1 Navajo Drive (Chester and Juliann
Thornton)
Item #’s: E-7 & G-13
Presenter(s): Steven P. Riehle, Public Works Director
Background
A public hearing must be held and Council action must be taken by resolution for
the City of Grand Island to acquire property.
Discussion
Chester and Juliann Thornton own the property at 1 Navajo Drive and have
agreed to sell their property as part of the Sanitary Sewer District that will be
constructed in their area. In addition, a portion of the property will be needed for
future construction and development of through streets connecting to northwest
Grand Island. This property is being acquired for $75,000.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
1. Make a motion to approve the acquisition of the Chester and Juliann Thornton
Property.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the Thornton
Property for $75,000.00 and pass a resolution authorizing the Mayor to sign a purchase
agreement with the Thornton’s.
Sample Motion
Move to approve the acquisition of the Thornton Property.
Item E8
Public Hearing on Application for Edward Byrne Memorial
Justice Assistance Grant (JAG) 2005
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Council Agenda Memo
From: Captain Robert Falldorf, Police Department
Meeting: April 12, 2005
Subject: Edward Byrne Memorial Justice Assistance Grant (JAG)
2005
Item #’s: E-8 & G-20
Presenter(s): Kyle Hetrick, Chief of Police
Background
The Grand Island Police Department and Hall County Sheriff’s Department are eligible
to receive Justice Assistance Grant money from the U.S. Department of Justice in 2005.
This grant money replaces the Local Law Enforcement Block Grant money we have
received in previous years. This year, a combined amount for both agencies of $34,581
has been awarded and can be spent over a four year period. The Grand Island Police
Department will serve as the fiscal agency on this grant. The Hall County Sheriff’s
Department will be a disparate agency and will receive $8,645, leaving the Grand Island
Police Department with $25,936.
Discussion
There is a federal mandate that requires a public hearing regarding the application
process and disbursement of the JAG funds. $17,291 from the grant funds awarded to
the Grand Island Police Department is tentatively allocated to purchase Panasonic Tough
Book laptop computers for patrol vehicles. The remaining $8,645 from the grant funds
awarded to the Grand Island Police Department is tentatively allocated to the Central
Nebraska Drug Court for operational costs. All funds awarded to the Hall County
Sheriff’s Department ($8,645) as the disparate agency are tentatively allocated to
purchase equipment for Sheriff’s Department vehicles.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application and suggested disbursement of JAG funds.
2. Send to committee for further discussion.
3. Table for more discussion.
4. Take no action.
Recommendation
City Administration recommends that the Council approve the application and suggested
disbursement as presented.
Sample Motion
Approve the application and suggested disbursement of Justice Assistance Grant funding.
Justice Assistance Grant
Program Narrative
City of Grand Island
Grant #2005-F4387-NE-DJ
Grant Period: 5-1-05 to 5-1-09
Program #1: Law Enforcement Equipment Purchase – City of Grand Island,
Police Department.
The City of Grand Island is proposing to purchase four (4) Panasonic Tough
Book Model 29 laptop computers within the first year of the grant to be
installed in marked patrol cars within the Grand Island Police Department.
There is a constant need to improve the sharing of Public Safety information
between the Hall County Emergency Management Center,
local/county/State law enforcement agencies, and the local/county fire
departments within Hall County. This program will assist with this
coordination of effort.
Program #2: Central Nebraska Drug Court – Including Hall County and the
City of Grand Island.
The City of Grand Island is proposing to spend a portion of awarded money
within the first year of the grant period to assist with costs associated with
the Central Nebraska Drug Court Director’s Salary. Part of the director’s
salary in the past, which is approximately $37,000 per year, was paid out of
Byrne grant money. The Justice Assistance Grant money will replace the
loss in revenue of the Byrne money.
The Central Nebraska Drug Court is a multi-phase, judicially supervised
program with comprehensive treatment services. Eligible offenders will be
non-violent, chemically dependent, and willing to enter the drug court
voluntarily. This court is post-adjudicatory and upon successful completion
of the Drug Court Program the defendant may withdraw his/her plea and no
sentencing / conviction will be imposed.
Only traditional efforts are being made to combat the drug epidemic in this
area at this time. It is believed that the Central Nebraska Drug Court is
needed due to increase of drug -related crimes and the inability of our
current system to reduce substance abuse or criminal activity.
Each participant will be expected to participate in the Drug Court for a
minimum of 18 months and comply with personalized plans that lay out
expectations regarding treatment, support groups, educational groups, drug
testing, employment, education, and court hearings. In response to the
obvious needs in Hall County, the Central Nebraska Drug Court recognizes
that local judicial and enforcement agencies have united to provide
alternatives to incarceration and attempt to reduce substance abuse in this
area.
Program #3: Law Enforcement Equipment Purchase – Hall County Sheriff’s
Department (Disparate Agency).
The City of Grand Island is proposing to allocate a portion of the awarded
funding to Hall County. These funds will be used by the Hall County
Sheriff’s Department within the first year of the grant period to purchase
corner strobe lights for twenty (20) of their marked patrol vehicles. This
purchase is designed to greatly enhance visibility of the patrol vehicles when
responding to all emergency situations. The Hall County Sheriff’s
Department routinely assists the Grand Island Police Department and
Nebraska State Patrol and also is the sole law enforcement provider for
several small communities within the County.
Justice Assistance Grant
Budget Narrative
City of Grand Island
Grant #2005-F4387-NE-DJ
Grant Period: 5-1-05 to 5-1-09
Total Direct Award: $34,581
Program #1: Law Enforcement Equipment Purchase – City of Grand
Island, Police Department.
Purchase four (4) Panasonic Tough Book model 29 laptop computers at
$4,322.75 each for a total of $17,291.
Program #2: Central Nebraska Drug Court – Including Hall County and the
City of Grand Island.
Provide $8,645 toward the Central Nebraska Drug Court Director’s salary to
support and implement the continuation of the program.
Program #3: Law Enforcement Equipment Purchase – Hall County
Sheriff’s Department (Disparate Agency).
Provide $8,645 to Hall County for the Hall County Sheriff’s Department to
purchase corner strobe lights for twenty (20) marked patrol vehicles at a cost
of $432.25 for each vehicle.
Item E9
Public Hearing on Acquisition of Property Located at 1203-1205
West 3rd Street (Grand Island Library Foundation, Inc.
Previously Owned by S. Douglas Kucera and Marcia K. Almquist)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: April 12, 2005
Subject: Public Hearing on Acquisition of Real Estate Located at
1203-1205 West Third Street, Grand Island, Nebraska.
(Grand Island Library Foundation, Inc., previously
owned by S. Douglas Kucera and Marcia K. Almquist)
Item #’s: E-9 & G-22
Presenter(s): Douglas R. Walker, City Attorney
Background
Nebraska State Statutes require that the acquisition of property must be approved by the
City Council. The public hearing for the acquisition of this property is being done to meet
the requirements of Neb. Rev. Stat., §18-1755 and Neb. Rev. Stat., §25-2505. Subsequent
to the public hearing, Item G-22 will be for approval for acquisition of this property.
Discussion
The Grand Island Library Foundation is continuing to acquire property in the block west
of the city library for use in expanding the Edith Abbott Memorial Library. At several
prior meetings of the City Council, including the meeting on October 19, 2004,
presentations were made by the Library Board regarding plans for expanding the city
library to the west of the current facility. This expansion will necessitate the acquisition
of property in the block west of the current library building to accommodate the
expansion and to provide parking for the enlarged facility. The Foundation has
committed to purchase most of the property in the block west of the library to help
facilitate the expansion. The property which is the subject of this public hearing is on the
east side of that block. The Library Foundation has acquired this property and is donating
it to the City of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Pass a resolution approving the acquisition of this real estate.
2. Do not pass a resolution approving the acquisition of the real estate.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the real estate as set forth above.
Sample Motion
Motion to approve the acquisition of the real estate located at 1203-1205 West Third
Street and described as the Northerly Ninety-four feet (94’) of Lot One (1), Block Sixteen
(16), in Arnold and Abbott’s Addition to the City of Grand Island, Hall County,
Nebraska.
Item E10
Public Hearing on Acquisition of Utility Easement Located at 530
N Webb Rd (Abundant Life Christian Center)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Public Hearing on Acquisition of Utility Easement
Located at 530 N Webb Rd (Abundant Life Christian
Center)
Item #’s: E-10 & G-23
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is necessary for the City of Grand Island to acquire public easements. The
Public Works department needs to acquire an easement along the property of 530 N
Webb Rd.
Discussion
The Utility Easement is needed in order to construct the Sanitary Sewer Project in this
area. This easement will be used in order to have access to install, upgrade, maintain, and
repair public utilities including but not limited to sanitary sewers, storm sewers, water
mains, electric utility poles, overhead and underground power lines, manholes, pipelines,
surface markers, and other appurtenances, upon, over, along, in, underneath and through
the tract of land.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the acquisition of the easement.
2. Refer the issue to a committee.
3. Postpone the issue.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Utility Easement.
Sample Motion
Move to approve the acquisition of the Utility Easement.
Item E11
Public Hearing on Acquisition of Sanitary Sewer Easement
Located at 9 Dakota Drive (Joel Shafer)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Public Hearing on Acquisition of Right-of-Way at 9
Dakota Drive (Joel and Jannelle Shafer)
Item #’s: E-11 & G-24
Presenter(s): Steven P. Riehle, Public Works Director
Background
Nebraska State Law requires a Public Hearing and Council approval for
acquisition of property. The Public Works Department needs to acquire Right-of-
Way along the property of 9 Dakota Drive.
Discussion
The Right-of-Way is needed in order to construct the Sanitary Sewer District in the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the acquisition of the Right-of-Way.
2. Refe r the issue to committee.
3. Postpone the issue.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Right-of-Way.
Sample Motion
Move to approve the acquisition of the Right-of-Way.
Item E12
Public Hearing on Acquisition of Right-of-Way Adjacent to and
North of 1 Navajo Drive and 2 Navajo Drive (Jacqueline Hanover
and Ted & Imogene Lechner)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Public Hearing on Acquisition of Right-of-Way Adjacent
to and North of 1 Navajo Drive and 2 Navojo Drive
(Jacqueline Hanover and Ted & Imogene Lechner)
Item #’s: E-12 & G-25
Presenter(s): Steven P. Riehle, Public Works Director
Background
Nebraska State Law requires a Public Hearing and Council approval for acquisition
of property. The Public Works Department needs to acquire Right-of -Way adjacent to
the properties of 1 Navajo Drive and 2 Navajo Drive.
Discussion
The Right-of-Way is needed in order to construct the Sanitary Sewer District in the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve the acquisition of the Right-of-Way.
2. Refer the issue to committee.
3. Postpone the issue.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Right-of-Way.
Sample Motion
Move to approve the acquisition of the Right-of-Way.
Item E13
Public Hearing on Acquisition of Utility Easement Located at
2620 W. Faidley Avenue (St. Francis Medical Center)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: April 12, 2005
Subject: Acquisition of Utility Easement – 2620 W. Faidley
Avenue (St. Francis Medical Center)
Item #’s: E-13 & G-28
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 St. Francis Medical Center located at 2620 W. Faidley Avenue, in the City Of Grand
Island, Hall County, in order to have access to install, upgrade, maintain, and repair water
lines.
Discussion
This easement will be used to install a new water main to provide fire protection and
domestic service to the new nine story structure of St. Francis Medical Center.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on 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
Move to approve acquisition of the Utility Easement.
Item E14
Public Hearing on Acquisition of Utility Easement Located at 804
N. Webb Road (WCI, LLC)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: April 12, 2005
Subject: Acquisition of Utility Easement – 804 N. Webb Road
WCI, LLC
Item #’s: E-14 & G-29
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 WCI, LLC, located at 804 N. Webb Road, between Home Depot and Tier One Bank,
in the City Of Grand Island, Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to locate high voltage underground cables and a pad-mounted
transformer to serve electricity to the new building (Xenon International Hair Design
School).
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on 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
Move to approve acquisition of the Utility Easement.
Item F1
#8969 - Consideration of Assessments for Street Improvement
District 1221; South Locust Street from US HWY 34 to Stolley
Park Road
This item relates to afore mentioned Board of Equalization Item D-1.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
ORDINANCE NO. 8969
An ordinance to assess and levy a special tax to pay the cost of construction of
Street Improvement District No. 1221 of the City of Grand Island, Nebraska; to provide for the
collection of such special tax; to repeal any provision of the Grand Island City Code, ordinances,
and parts of ordinances in conflict herewith; and to provide for publication and the effective date
of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
Street Improvement District No. 1221 - Sidewalks, as adjudged by the Council of said City,
sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such
improvement, after due notice having been given thereof as provided by law; and a special tax
for such cost of construction is hereby levied at one time upon such lots, tracts and land as
follows:
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8969 (Cont.)
- 2 -
Name Description Assessment
Stratford Plaza LLC Lot 11, Woodland Second Subdivision 5,823.84
Helen M. Otto, Laurence Otto, POA Lot 10, Woodland Second Subdivision 1,689.60
Bennett Properties Inc. Lot 9, Woodland Second Subdivision 1,596.67
Bosselman, Inc. Lot 8, Woodland Second Subdivision 1,630.46
Integrated Holdings, Inc. Part of the S1/2, SW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the NW corner of said S1/2, SW1/4;
thence south on the west line of the SW1/4 73.0 feet;
thence deflecting left 88º41'13" and running east 168.0
feet; thence deflecting right 88º30'15" and running south
74.64 feet to the east ROW of Locust Street, this being
the Actual Point of Beginning; thence continuing
southerly along said ROW 46.65 feet; thence
southwesterly along the arc of a curve whose radius is
93.15 feet, an arc distance of 53.28 feet to another point
of curvature; thence southwesterly along the arc of a
curve whose radius is 272.4 feet, an arc distance of
154.5 feet; thence running southerly along said ROW
and the final tangent of preceding curve, a distance of
262.1 feet; thence easterly along the north line of S1/2,
SW1/4, SW1/4 264.6 feet; thence deflecting left
91º33'05" and running northerly 229.23 feet; thence
deflecting right 88º15'01" and running easterly 56.74
feet; thence deflecting left 88º15'01" and running
northerly 195.4 feet; thence deflecting left 90º06'19" and
running westerly a distance of 6.11 feet; thence
northwesterly along the arc of a curve whose radius is
122.99 feet, the long chord deflecting right 09º49'02", a
distance of 2.12 feet; thence northwesterly along the
final tangent of the preceding course, a distance of 72.0
feet; thence northwesterly along the arc of a curve
whose radius is 331.88', a distance of 121.53 feet to the
actual point of beginning.
4,776.29
Vanosdall Softball Fields, Inc. Part of the S1/2, SW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the NW corner of said S1/2, SW1/4;
thence east on the north line of the S1/2, SW1/4
1,877.89 feet; thence deflecting right 89º58'40" and
running south 327.51 feet; thence deflecting right
59º33'57" and running southwest 654.09 feet; thence
deflecting right 30º48'56" and running west 106.0 feet;
thence south parallel to the east line of SW1/4, SW1/4
581.92 feet to the northerly ROW line of U.S. Highway
34; thence northwesterly along the ROW line 298.1 feet;
thence northwesterly along the ROW line 522.22 feet;
thence deflecting right 83º21'07" and running north
753.83 feet; thence deflecting right 88º25'01" and
running east 56.74 feet; thence deflecting left 88º15'01"
and running north 195.4 feet; thence deflecting left
1,606.18
ORDINANCE NO. 8969 (Cont.)
- 3 -
90º06'19" and running west 6.11 feet; thence running
northwest along the arc of a curve whose radius is
122.99 feet, the long chord of which deflects right
09º49'02", an arc distance of 82.12 feet; thence
deflecting right 19º08'42" a distance of 72.0 feet; thence
northwesterly along the arc of a curve whose radius of
331.88 feet an arc distance of 121.53 feet; thence
deflecting right 81º56'35" and running north 74.64 feet;
thence west parallel to the north line of said S1/2,
SW1/4 168.0 feet to the west line of Section 27; thence
north along the west line of Section 27, 73.0 feet to the
place of beginning.
Rex E. and Jonadyne A. Carpenter Lot 1, Woodland First Subdivision 1,856.98
Rex E. and Jonadyne A. Carpenter Lot 2, Woodland First Subdivision 1,856.98
MIK, LLC Part of the NW1/4, S1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at the southwest corner of said NW1/4,
SW1/4; thence northerly along the west line of said
NW1/4, SW1/4 on an assumed bearing of N00º00'00"E
for 323.97 feet; thence S88º38'31"E for 659.92 feet;
thence S00º00'46"E for 323.37 feet to a point on the
south line of said NW1/4, SW1/4; thence N88º41'10"W
along the south line of said NW1/4, SW1/4 660.02 feet
to the point of beginning.
2,824.80
Equitable Federal Savings Bank of
Grand Island
Lot 3, Woodland First Subdivision 1,483.68
Danny Oberg Lot 4, Woodland First Subdivision 1,733.95
Theodore J. Robb Part of the NW1/4, SW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning on the west line of Section 27, said point
being 324.0 feet north of the northwest corner of SW1/4,
SW1/4 of said Section 27; thence east parallel with the
south line of said SW1/4, SW1/4, for a distance of 660.0
feet; thence north parallel with the west line of said
Section 27, for 336.0 feet; thence west parallel with the
south line of said SW1/4, SW1/4 for a distance of 660.0
feet; thence south along the west line of said Section 27,
a distance of 336.0 feet to the point of beginning.
2,966.30
Darryl Wilhelmi Lot 5, Woodland First Subdivision 1,657.92
Brad Shearer South 126 feet of the east 260 feet of Lot 6, Woodland
First Subdivision
966.24
All Faiths Funeral Home LLC Part of the NW1/4, SW1/4, a/k/a Part of Lot 4 Island in
Section 27-11-9; more particularly described as follows:
Beginning at a point 400.77 feet south of the northwest
corner of said SW1/4 of Section 27; thence running
easterly and parallel to the northerly line of said SW1/4,
a distance of 433.0 feet; thence southerly and parallel to
the west line of said SW1/4, a distance of 240.0 feet;
3,295.78
ORDINANCE NO. 8969 (Cont.)
- 4 -
thence westerly and parallel to the northerly line of said
SW1/4, for a distance of 433.0 feet; thence northerly for
a distance of 240.0 feet to the point of beginning.
John L. and Beth A. French Lot 1, Knox Subdivision 2,404.51
Jack E. Rasmussen, Joanne L.
Rasmussen, Richard S. Rasmussen, June
E. Blackburn and William G. Blackburn
Lot 1 (except north 25 feet of east 260 feet), Woodland
Third Subdivision and the north 50 feet of east 260 feet
of Lot 6, Woodland First Subdivision
940.90
William E. Lawrey North 25 feet of east 260 feet of Lot 1, all of Lot 2,
Woodland Third Subdivision
1,130.98
Alpha Corporation East 260 feet of Lot 8, Woodland First Subdivision 958.85
Theodore J. Robb Lot 1, Knox Third Subdivision 633.60
Theodore J. Robb Lot 2, Knox Third Subdivision 623.04
Theodore J. Robb Lot 3, Knox Third Subdivision 528.00
McDermott & Miller P.C. Lot 1, Woodridge South Subdivision 1,349.57
William E. and Sandra L. Lawrey Lot 1, Garrison Subdivision 1,259.81
Marion D. Larsen, Trustee Lot 2, Woodridge South Subdivision 1,461.50
Eloy Uribe and Oralia Erives Part of the SW1/4, NW1/4 of Section 27-11-9; more
particularly described as follows:
Beginning at a point 377.5 feet north of and 33 feet east
of the quarter section corner between Sections 27 & 28;
thence running north parallel to the west line of said
Section 27, a distance of 147.5 feet; thence easterly at
right angles a distance of 354.65 feet; thence southerly
at right angles a distance of 147.5 feet; thence westerly
at right angles a distance of 355.9 feet to the point of
beginning.
1,123.58
Marion D. Larsen, Trustee South 71 feet of Lot 26 and north 79 feet of Lot 27,
Holcomb's Highway Homes Subdivision
1,416.10
McCloud Super 8 Motel, Inc. Part of Lot 25, Matthew's Subdivision; more particularly
described as follows:
Beginning at the northwest corner of said Lot 25; thence
easterly along the north line of said Lot 25, 822.48 feet
to the northeast corner of said Lot 25; thence southerly
on the east line of said Lot 25, a distance of 324.65 feet
to the centerline of Wood River; thence deflecting right
23º55'50" and running southwesterly along said
centerline, a distance of 98.4 feet; thence deflecting right
63º39'10" and running westerly a distance of 417.33
feet; thence deflecting right 91º53' and running northerly
a distance of 268.21 feet; thence deflecting left
90º01'50" and running westerly, a distance of 361.5 feet
to the west line of said Lot 25; thence north along the
west line of said Lot 25, a distance of 268.33 feet to the
point of beginning.
2,167.97
Alvina Hernandez South 97 feet of Lot 24, Lot 25, and the north 38 feet of 1,807.87
ORDINANCE NO. 8969 (Cont.)
- 5 -
Lot 26, Holcomb's Highway Homes Subdivision
City of Grand Island Lot 1, Mil-Nic Second Subdivision 368.54
Cedar Street Investment Co., a/k/a
Nebraska Mil-Nic, Inc.
Lot 2, Mil-Nic Second Subdivision 3,438.34
Charles E. Douthit Lot 21, Holcomb's Highway Homes Subdivision 384.38
Video Kingdom of Grand Island, Inc. South 108 feet of Lot 20, Holcomb's Highway Homes
Subdivision
597.70
Rickie D. and Susan J. Noden South 52 feet of Lot 19 and North 1 foot of Lot 20,
Holcomb's Highway Homes Subdivision
241.82
Jerry and Geraldine K. Alberts Lot 2, Shovlain Second Subdivision 379.10
Gary E. and Linda D. Shovlain Lot 3, Shovlain Second Subdivision 1,775.14
Dianna D. Duering Lot 1, Bartz Subdivision 1,051.78
Ryan and Darcy Hansen Lot 15, Holcomb's Highway Homes Subdivision 911.33
Robert D. Hancock and Charles L.
Hancock
Lot 14, Holcomb's Highway Homes Subdivision 956.74
Ronald J. and Lori D. Willis NE1/4, NE1/4 of Section 28-11-9; more particularly
described as follows:
Beginning at a point on the east line of said Section 28,
605 feet south of the northeast corner of said section;
thence west parallel to the north line of Section 28, a
distance of 233 feet; thence south 100 feet; thence east
233 feet; thence north on the east line of Section 28, 100
feet to the point of beginning.
840.58
Bradley L. Shanahan and Teresa L.
Brooks
East 100 feet of Lot 12 and Lot 13, Holcomb's Highway
Homes
2,221.80
TOTAL $66,739.20
SECTION 2. The special tax shall become delinquent as follows: One-tenth of
the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two
years; one-tenth in three years; one-tenth in four years, one-tenth in five years; one-tenth in six
years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively,
after the date of such levy; provided, however, the entire amount so assessed and levied against
any lot, tract or parcel of land may be paid within fifty days from the date of this levy without
interest, and the lien of special tax thereby satisfied and released. Each of said installments,
ORDINANCE NO. 8969 (Cont.)
- 6 -
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereon, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Paving District Assessment Fund” for Street Improvement District No. 1221.
SECTION 5. Any provision of the Grand Island City Code, and any provision of
any ordinance, or part of ordinance, in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8970 - Consideration of Vacating an Alley Between 4th Street and
5th Street, West of St. Paul Rd (Behind Former 3rd City Livestock
Sale Barn)
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Consideration of Vacating an Alley Between 4th Street
and 5th Street, West of St. Paul Rd (Behind Former 3rd
City Livestock Sale Barn)
Item #’s: F-2
Presenter(s): Steven P. Riehle, P.E., Public Works Director
Background
Council action is required for vacation of Right-of-Way through the passing of an
ordinance.
Discussion
The current owner of the adjacent property, Rick Johnson, will be re-platting the
area between 4th Street and 5th Street, west of St. Paul Rd to accommodate the
construction of a new building. Public utilities will still be available to the
property from other directions so it is not necessary to retain the alley as an
easement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request to vacate the alley between 4th Street and 5th Street, West
of St. Paul Rd.
2. Refer the issue to a Committee.
3. Postpone the issue.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council pass an ordinance vacating the alley
between 4th Street and 5th Street, West of St. Paul Rd.
Sample Motion
Approve the request to vacate the alley between 4th Street and 5th Street, West of St. Paul
Road.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
ORDINANCE NO. 8970
An ordinance to a portion of an alley located between 4th Street and 5th Street, and
west of St. Paul Road in the City of Grand Island, Hall County, Nebraska; to provide for the
filing of this ordinance in the office of the Register of Deeds of Hall County, Nebraska; 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. That the portion of the alley located between 4th Street and 5th
Street, and west of St. Paul Road in the City of Grand Island, Hall County, Nebraska, is hereby
vacated. Such portion of the alley is more particularly described as follows:
All of the Sixteen (16.0) foot wide alley abut ting Fractional Lots One (1), Two
(2), Seven (7), Eight (8), and Lots Nine (9) and Ten (10) in Fractional Block
Sixteen (16), Evans Addition to the City of Grand Island, Hall County, Nebraska,
and abutting Lots Thirteen (13) through Nineteen(19), inclusive, that part of Lots
Ten (10) and Eleven (11) lying south of 5th Street, in 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 of the 6th P.M., in the City of
Grand Island, Hall County, Nebraska, said alley lying between 4th Street and 5th
Street, and running from the west line of St. Paul Road to the east line of Lot
Twelve (12), of the aforementioned County Subdivision. Such property is shown
on the drawing dated March 17, 2005, attached hereto and incorporated herein by
this reference.
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8970 (Cont.)
- 2 -
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate abutting the same in proportion to the respective
ownership of such real estate.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, without the drawing, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: April 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8971 - Consideration of Amending Chapter 24-8 of the Grand
Island City Code Relative to Swimming at L.E. Ray Lake
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: April 12, 2005
Subject: Swimming at L. E. Ray Park
Item #’s: F-3
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department has been responsible for the operation of L. E. Ray
Park for over thirty years. During this time recreational swimming has been a component
of the use of the park. Over time, the use of L.E. Ray Lake for swimming has
diminished, as has the area available for swimming due to the ongoing drought.
Discussion
Over the past twelve years a swim at your own risk, in a designated area policy has been
in place. Unfortunately, during this time many people have chosen to ignore the rules
and have swum all over the lake. Several people have lost their lives to drowning in L. E.
Ray Lake during this period.
At the same time members of the dive rescue team have used the lake for scuba diving
training. The scuba training is necessary to provide a service vital to the community and
surrounding areas.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve Ordinance No. 8971.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
It is the recommendation of staff to eliminate all swimming in L.E. Ray Lake. The
recommendation also includes a provision to allow scuba diving in the lake per Nebraska
Game and Parks Commission Regulations.
Sample Motion
Motion to approve the modification to the City Code eliminating swimming in L.E. Ray
Lake with the exception of Scuba Diving per Nebraska Game and Parks Commission
regulations.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
ORDINANCE NO. 8971
An ordinance to amend Chapter 24 of the Grand Island City Code; to amend
Section 24-8 pertaining to swimming at L.E. Ray Lake; to repeal Section 24-8 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 24-8 of the Grand Island City Code is hereby amended to
read as follows:
§24-8. Swimming In City Lakes
(1) It shall be unlawful for any person to swim at any hour in Pier Park Lake, L.E. Ray Lake, Eagle Scout
Park Lake, or any other body of water owned and maintained by the City, except that swimming shall be allowed in
the municipal pools and in the area of L.E. Ray Lake that is specifically designated for swimming.
(2) Scuba diving shall be allowed at L.E. Ray Lake in accordance with Nebraska Game and Parks
Commission regulations.
(3)(2) The Parks and Recreation Director shall cause all lakes and bodies of water wherein swimming is
prohibited to be posted. Such posting shall not be mandatory for enforcement of this section if such person has
actual or constructive notice of this prohibition.
SECTION 2. Section 24-8 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
ORDINANCE NO. 8971 (Cont.)
- 2 -
Enacted: April 12, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of March 22, 2005 City Council Regular
Meeting
The Minutes of March 22, 2005 City Council Regular Meeting are submitted for approval.
See attached MINUTES.
Tuesday, April 12, 2005
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
March 22, 2005
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 March 22, 2005. Notice of the meeting was given in the Grand Island Independent on
March 16, 2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase. The following City Officials were present: City Administrator
Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works
Director Steve Riehle, and City Attorney Doug Walker.
PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Gary
Schulte, Evangelical Free Church, 2609 South Blaine Street.
MAYOR COMMUNICATION: Mayor Vavricek listed the City Council Goals for 2005-2006 as
discussed at the Council Retreat. Mentioned was the Cities Conference that was held in
Washington, D.C. which was attended by Mayor Jay Vavricek, City Administrator Gary Greer,
and Councilmember Carole Cornelius. Also mentioned was the fact that Grand Island had sent
more care packages to the soldiers in Iraq than any other community as reported by Paul Harvey.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Robert Holmes, Computer Programmer, Finance Department for 35 Years of
Service with the City. Mayor Vavricek and the City Council recognized Robert Holmes,
Computer Programmer, Finance Department for 35 years of service with the City. Finance
Director David Springer commented on Mr. Holmes service. Mr. Holmes was present for the
recognition.
Proclamation “Child Abuse Prevention Month” April 2005. Mayor Vavricek proclaimed the
month of April, 2005 as “Child Abuse Prevention Month”. June Oliphant and Kelli Czarnick –
Co-Chairwomen of the Child Abuse Prevention Month and Blue Ribbon Campaign were present
to receive the proclamation.
Proclamation “Community Development Week” March 28 – April 3, 2005. Mayor Vavricek
proclaimed the week of March 28 – April 3, 2005 as “Community Development Week”.
Community Development Specialist Joni Kuzma was present to receive the proclamation.
Page 2, City Council Regular Meeting, March 22, 2005
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 3604 South Blaine Street. (H & J
Investments) Gary Mader, Utilities Director reported that acquisition of a utility easement
located at 3604 South Blaine Street 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 place underground cable and a junction box along the south side of Meadowlark
Estates. No public testimony was heard.
ORDINANCES:
Councilmember Hornady moved to approve Ordinance #8953 on Final Reading. Second by
Cornelius. Upon roll call vote, all voted aye. Motion adopted.
#8953 – Consideration of Annexation of Land Proposed for Platting as Preisendorf
Subdivision Located North of Oklahoma Avenue and East of Washington Street (Final
Reading)
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8963 - Consideration of Creation of Water Main District No. 449T – North Road and
Faidley Avenue
#8968 – Consideration of Creation of Sanitary Sewer No. 517, Deadwood Subdivision
near Johnstown Road and Arch Avenue
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 motion. Upon roll call vote, all voted aye. Motion
adopted.
A brief explanation was given on each Ordinance by Utilities Director Gary Mader and Public
Works Director Steve Riehle.
Motion by Pielstick, second by Meyer to approve Ordinances #8963 and #8968.
City Clerk: Ordinances #8963 and #8968 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. Motion
adopted.
City Clerk: Ordinances #8963 and #8968 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.
Motion adopted.
Page 3, City Council Regular Meeting, March 22, 2005
President Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8963 and #8968 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Items G-4, G-14, and G-17 were pulled for further discussion. Motion by
Hornady, second by Gilbert to approve the Consent Agenda excluding Items G-4, G-14, and G-
17. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 5, 2005 City Council Special Study Session (Retreat).
Approving Minutes of March 8, 2005 City Council Regular Meeting.
#2005-76 – Approving Final Plat and Subdivision Agreement for Preisendorf Subdivision. It was
noted that Priesendorf Plumbing and Hearing, Inc. owner had submitted the final plat for
Preisendorf Subdivision, located on land comprising of the NW1/4 NE1/4 of Section 21-11-9 for
the purpose of subdividing it into 2 lots.
#2005-78 – Approving Acquisition of Utility Easement Located at 3604 South Blaine Street,
South of Highway 34. (H & J Investments)
#2005-79 – Approving Interlocal Cooperative Agreement for High Resolution Orthophotos
Project with Nebraska Department of Health and Human Services, Central Platte Natural
Resources District, Kearney, Hastings, Scottsbluff, Norfolk, Lancaster County, and Scottsbluff
County.
#2005-80 – Approving Agreement to Furnish Ultraviolet Disinfection Equipment with Trojan
Technologies, Inc. in an Amount of $634,110.00.
#2005-81 – Approving Bid Award for One Tandem Articulating Vibratory Roller for the Street
& Transportation Division with NSC Equipment of Grand Island, Nebraska in an Amount of
$25,806.00.
#2005-82 – Approving Bid Award for Street Improvement Project 2005-P-1; Concrete Paving on
Clause Road for Approximately ¼ Mile North of Old Highway 30 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of $139,623.85.
#2005-83 – Approving Agreement for On-Call Engineering Consulting Services for Waste
Water Division with CH2M Hill or Denver, Colorado.
#2005-84 – Approving Correction to Resolution #2005-62 Regarding Street Improvement
District No. 1255; Independence Avenue, Shanna Street & Lariat Lane. It was noted that the bid
amount of $416,354.66 awarded to A & R Construction Co. of Plainview, Nebraska was
corrected.
#2005-85 – Approving Removal of the Handicap Parking Stall in Front of 522 West 1st Street,
Northeast Corner of 1st Street and Elm Street.
Page 4, City Council Regular Meeting, March 22, 2005
#2005-86 – Approving Change Order No. 5 to the Grand Generation Center Renovation and
Expansion Project with Starostka Group, Inc. of Grand Island, Nebraska for an Increase of
$2,631.50 and an Adjusted Contract Amount of $609,088.75.
#2005-88 – Approving Authorization for Mayor to Execute Development Agreement and Loan
Documents with Standard Iron, Inc. and the Demeules Family Limited Partnership.
#2005-89 – Approving Supplemental Agreement for Overhead Power Line Encroachment and
Crossing Agreement with Union Pacific Railroad Company in an Amount of $1,500.00.
#2005-91 – Approving Agreement with Grand Island Softball Association.
#2005-92 – Approving Change Order No. 1 to the Contract for Heartland Public Shooting Park
with Hooker Brothers Construction of Grand Island, Nebraska for a Decrease of $110,500.00 and
a Revised Contract Amount of $573,650.00.
#2005-93 – Approving Contract for Design and Engineering Services fo r Island Oasis Expansion
with Olsson Associates of Grand Island, Nebraska in an Amount not to exceed $42,700.00.
#2005-77 – Approving Contract for Property Room. Com with Property Bureau, Inc.
Councilmember Pielstick questioned the advertisement of the auctions. Police Chief Kyle
Hetrick reported that the auctions were published in the Grand Island Independent only, due to
cost and that there had been good turnouts at the auctions.
Motion by Pielstick, second by Whitesides to send this issue to a Study Session. Chief Hetrick
commented on storage issues, the benefits of selling over the internet, and the 1 year agreement.
Upon roll call vote, Councilmember’s Pielstick and Whitesides voted aye. Councilmember’s
Meyer, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted no. Motion
failed.
Motion by Gilbert, second by Nickerson to approve Resolution #2005-77. Upon roll call vote,
Councilmember’s Meyer, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase
voted aye. Councilmember’s Pielstick and Whitesides voted no. Motion adopted.
#2005-87 – Approving Contract for Carpet Replacement for Suite 3 with Color Tile & Carpet of
Grand Island, Nebraska in an Amount of $24,459.68. Councilmember Pielstick questioned the 4
week installation of Johnson Cash-Way and their bid being lower than the other two bids
received. Craig Lewis, Building Department Director explained the importance of a 1 week
installation submitted by Color Tile & Carpet.
Motion by Nickerson, second by Hornady to approve Resolution #2005-87. Upon roll call vote,
Councilmember’s Meyer, Whitesides, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase
voted aye. Councilmember’s Pielstick and Gilbert voted no. Motion adopted.
Page 5, City Council Regular Meeting, March 22, 2005
#2005-90 – Approving Agreement with Northwest Baseball/Softball Association in an Amount
of $2,875.00. Councilmember Pielstick commented on problems at the little league games were
the ball field lights were turned off before the players could leave. Parks & Recreation Director
Steve Paustian stated these concerns should be brought forward to the Association and then to
the Parks & Recreation Department if there were no results.
Motion by Hornady, Second by Cornelius to approve Resolution #2005-90. Upon roll call vote,
all voted aye. Motion adopted.
RESOLUTIONS:
#2005-94 – Approving Acceptance of Site and Need Study and City Administration
Recommendation for Fire Station #1. Fire Chief Jim Rowell reported that over the last few
months the City had moved forward with plans to replace Fire Station #1. A committee was
formed to manage the process and guide public discussion. This resulted in a Site and Needs
Study being presented by RDG Schutte Wilscam Birge, Inc., BKV Group, and Emergency
Services Consulting, Inc at the March 1, 2005 Study Session.
City recommendation at that meeting was to build one fire station without headquarters at the
Fonner Park location, pay cash for the facility, and to continue to study the need for a fire station
in the northeast portion of the City.
Gwen Reed, 2227 West 7th Street spoke in opposition. Gloria Otradovsky, 822 E. Delaware
spoke in support of a new Fire Station just not at the Dodge Parking lot.
Motion by Meyer, second by Pielstick to approve Resolution #2005-94 using strategy F as
recommended by the consulting firm with the following conditions:
1. Fire Station 1 to be built at the Fonner Park Site.
2. Two years after completion of Fire Station 1 the City build a second Fire Station sharing
the Lions Club Park thus completing strategy F.
Discussion was held with regards to using current Fire Station #1 as an ambulance only station
until the second station was built. Also discussed were response times.
Motion by Hornady, second by Gilbert to amend the motion to delete the Lions Club Park
location reference. Upon roll call vote, Councilmember’s Gilbert, Nickerson, Cornelius, Pauly,
and Hornady voted aye. Councilmember’s Meyer, Whitesides, Pielstick, Walker, and Haase
voted no. The Mayor chose not to cast an affirmative vote. Motion failed.
Motion by Whitesides to utilize Fire Station #1 for ambulance only services. Motion died due to
lack of a second.
A lengthy discussion was held with regards to response times, location of Fire Station #1, and
ambulance services at the current Fire Station #1 and Fire Station #2.
Page 6, City Council Regular Meeting, March 22, 2005
Upon roll call vote of the original motion, Councilmember’s Meyer, Whitesides, Pielstick, and
Haase voted yes. Councilmember’s Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Walker
voted no. Motion failed.
Motion by Walker, second by Cornelius to approve Resolution #2005-94 as originally presented.
Upon roll call vote, Councilmember’s Gilbert, Cornelius, Pauly, Hornady, Walker, and Haase
voted aye. Councilmember’s Meyer, Whitesides, Pielstick, and Nickerson voted no. Motion
adopted.
Mayor Vavricek moved, second by Hornady to take a 10 minute recess at 8:35 p.m. Motion
adopted.
Council reconvened at 8:45 p.m.
#2005-95 – Approving Acceptance of Site and Need Study and City Administration
Recommendation for Fire Training Center Facility. Fire Chief Jim Rowell introduced Troy
Huges, Training Division Chief who reported that at the March 1, 2005 Study Session City
Administration recommendation was to pursue the property east of Central Community College
for the Fire Training Facility. Mr. Hughes gave a PowerPoint presentation concerning the site
located at Highway 34 and Garland Street, east of Central Community College owned by
Diamond Engineering Company.
The following individuals spoke in opposition to the Fire Training site being located east of
Central Community College:
· Steve Wassinger, 3104 South Blaine Street
· Barb Faimon, 3805 Stagecoach Circle
· Dennis Carroll, 3019 Brentwood Blvd.
· Joe Black, 805 West 1st Street
· Bill Marsh, 2325 Stagecoach Road
· Judy Boerger, 2405 Lakewood Drive
· Ted Rookstool, 3002 South Blaine Street
· Mike Reilly, 3007 Brentwood Place
· Connie Beckman, 2816 South Blaine Street
· Ron von Behren, 2915 Circle Drive
· Kevin Houtwed, 3120 South Blaine Street
· Cliff Stevenson, 3121 South Garland
· William Feely, 2524 Stagecoach Road
· Penny Skalka, 2805 South Blaine Street
· Dan Cimino, 2905 South Blaine Street
Motion by Nickerson, second by Cornelius to postpone this issue to a study session to be held no
more than 2 months from now.
City Administrator Gary Greer recommended that council make a decision at this meeting so the
Fire Department and city staff could move forward with a business plan.
Page 7, City Council Regular Meeting, March 22, 2005
Motion by Hornady, second by Whitesides for the previous question. Upon roll call vote, all
voted aye.
Upon roll call vote to postpone this issue to a Study Session, Councilmember’s Pielstick, Gilbert,
Nickerson, and Haase voted aye. Councilmember’s Meyer, Whitesides, Cornelius, Pauly,
Hornady, and Walker voted no. Motion failed.
Motion by Gilbert, second by Cornelius to deny Resolution #2005-95. Upon roll call vote,
Councilmember’s Gilbert and Cornelius voted aye. Councilmember’s Meyer, Whitesides,
Pielstick, Nickerson, Pauly, Hornady, Walker, and Haase voted no. Motion failed.
A lengthy discussion was held with regards to the sites within the study.
Motio n by Hornady, second by Whitesides that city staff study all sites recommended by the
consultant with regards to the impact on neighborhoods at each site. This motion was withdrawn.
Motion by Gilbert, second by Pielstick that training site #3 of the Site and Needs Study located
on Highway 30, adjacent to the proposed Public Safety Center be considered a priority for staff
to look at.
Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius,
Pauly, Hornady, and Haase voted aye. Councilmember’s Meyer and Walker voted no.
#2005-96 – Approving Date for Personnel Hearing. City Attorney Doug Walker reported that
written charges of misconduct against Emergency Management Director Howard Maxon had
been signed and filed with the City Clerk as required by Grand Island City Code Section 2-22.
Mr. Maxon requested a hearing as provided for by City Code. Provisions of City Code required
that a hearing be established by resolution and that the hearing take place not less than five days
nor more than ten days after the passage of the resolution. Resolution #2005-96 would establish
the date of the hearing for March 29, 2005 at 9:00 a.m.
Motion by Hornady, second by Pielstick to approve Resolution #2005-96. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of March 9, 2005
through March 22, 2005, for a total amount of $3,633,338.46. Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of March 29, 2005 City Council Special
Meeting
The Minutes of March 29, 2005 City Council Special Meeting are submitted for approval.
See attached MINUTES.
Tuesday, April 12, 2005
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 SPECIAL MEETING
March 29, 2005
Pursuant to due call and notice thereof, a Special 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 March 29, 2005. Notice of the meeting was given in the Grand Island Independent on
March 23, 2005.
Mayor Jay Vavricek called the meeting to order at 9:00 a.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker and Haase. The following City Officials were present: City Administrator Gary
Greer, City Clerk RaNae Edwards, and City Attorney Doug Walker.
The City was represented by Attorney Bill Harding. Howard Maxon was present and represented
by his Attorney Vincent Valentino.
INVOCATION was given by Councilmember Jackie Pielstick followed by the Pledge of
Allegiance.
PERSONNEL HEARING FOR HOWARD MAXON, EMERGENCY MANAGEMENT
DIRECTOR: Mayor Vavricek reported that charge #3 of the Charges of Misconduct Against
Howard Maxon, Emergency Management Director had been withdrawn. He then turned the
meeting over the Hearing Examiner John Higgins. Mr. Valentino requested that the witnesses be
sequestered. There was no objection from Mr. Harding. Hearing Examiner Higgins granted the
request.
Mr. Valentino raised the question of Mr. Harding prosecuting this case without council approval.
City Attorney Doug Walker was called as a witness and sworn in to answer questions with
regards to the hiring of Mr. Harding.
Hearing Examiner Higgins recessed at 9:25 a.m. to discuss the matter with Mr. Harding and Mr.
Valentino. The meeting was reconvened at 9:27 a.m.
Mr. Valentino objected to Mr. Harding as council for the City. Objection was overruled by
Hearing Examiner Higgins.
Opening statements were given by Mr. Harding, with Mr. Valentino reserving his opening
statements for a later time.
Gary Greer, City Administrator was called and sworn in to testify on behalf of the City regarding
the termination of Howard Maxon:
Page 2, City Council Special Meeting, March 29, 2005
A recess was taken at 10:30 a.m. until 10:45 a.m. with testimony resuming at that time.
The council took a lunch recess at 12:00 p.m. and reconvened at 1:15 p.m.
Dale Shotkoski, Assistant City Attorney was called and sworn in to testify on behalf of the City.
A recess was taken at 2:50 p.m. until 3:00 p.m. with testimony resuming at that time.
David Springer, Finance Director was called and sworn in to testify on behalf of the City.
Brenda Sutherland, Human Resources Director was called and sworn in to testify on behalf of
the City. Mr. Valentino requested that this witnesses testimony be held in closed session due to
the confidentiality of her testimony as it related to personnel issues.
Council President Hornady asked for a motion to go into Executive Session. Motion was made
by Cornelius, second by Pielstick to go into Executive Session at 4:00 p.m. for the purpose of
discussing personnel issues. Upon roll call vote, all voted aye. Motion adopted.
Motion was made by Cornelius, second by Walker to reconvene in regular session at 4:25 p.m.
Upon roll call vote, all voted aye. Motion adopted.
A recess was taken at 4:35 p.m. until 4:45 p.m. with testimony resuming at that time.
Paul Briseno, Assistant to the City Administrator was sworn in to testify on behalf of the City.
Mr. Harding rested the City’s case at 5:15 p.m.
Mr. Valentino gave his opening statement.
A recess was taken at 5:25 p.m. until 5:30 p.m. with testimony resuming at that time.
Charles Kemery, Bedford, Iowa was sworn in to testify on behalf of Howard Maxon through a
telephone conference call.
Dale Shotkoski, Assistant City Attorney still under oath was called to testify.
A dinner recess was taken from 5:50 p.m. to 7:00 p.m. with testimony resuming at that time.
Marla Conley, County Clerk was sworn in to testify on behalf of Howard Maxon.
Howard Maxon, Emergency Management Director was sworn in to testify.
A recess was taken at 8:35 p.m. to 8:52 p.m. with testimony resuming at that time.
A recess was taken at 10:12 p.m. to 10:28 p.m. with testimony resuming at that time.
Page 3, City Council Special Meeting, March 29, 2005
Gary Greer, City Administrator still under oath was called by Mr. Harding as a rebuttal witness.
Bill Harding gave closing remarks on behalf of the City from 10:35 p.m. to 10:50 p.m.
Vincent Valentino gave closing remarks on behalf of Howard Maxon from 10:50 to 11:00 p.m.
EXECUTIVE SESSION:
Motion by Cornelius, second by Walker, carried unanimously to adjourn to executive session at
11:00 p.m. for the purpose of discussing personnel issues.
RETURN TO REGULAR SESSION:
Motion by Cornelius, second by Haase, carried unanimously to reconvene in regular session at
11:55 p.m.
Motion was made by Pielstick, second by Gilbert to affirm the charges of misconduct filed by
the Mayor. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: Adjourned the meeting at 11:55 p.m.
Respectfully submitted,
RaNae Edwards
City Clerk
Item G3
Approving Minutes of April 5, 2005 City Council Study Session
The Minutes of April 5, 2005 City Council Study Session are submitted for approval. See
attached MINUTES.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 5, 2005
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
April 5, 2005. Notice of the meeting was given in the Grand Island Independent on March 30,
2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, 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
Mayor Communication: Mayor Vavricek commented on the following:
1. April 6, 2005 Quad City Mayor’s Conference hosted by Grand Island
2. Thanked City Council for last week’s meeting that lasted 15 hours
Presentation by Shonsey & Associates for FY 2004 City Single Audit and General Purpose
Financial Statements. David Springer, Finance Director introduced Terry Galloway representing
Shonsey & Associates who reviewed the FY 2004 City Single Audit and General Purpose
Financial Statements.
The financial audit received an unqualified rating which was the highest rating possible.
Reviewed were the long term debt, revenue bonds, bond rating, water rates, net assets, cash
reserves, and operating income for Grand Island which were very good.
Mr. Galloway commented that the infrastructure policy needed to be looked at. Federal Grants
were received at over $500,000 which was low for the size of Grand Island and encouraged the
City to apply for more grant funds. Mr. Galloway said that the City of Grand Island was in great
shape but planning for the future was important.
Internal controls regarding computer passwords were discussed. It was recommended by
Shonsey & Associates to keep better controls on this. Mr. Springer commented on employees
sharing their passwords and that this was hard to control. He stated this would be looked into.
Presentation by Downtown Improvement Board: Steve Rasmussen, Downtown Improvement
Board member presented a PowerPoint regarding the Downtown Plan.
Reviewed were the following:
· Local retailing
· Financial services
Page 2, City Council Study Session, April 5, 2005
· Professional offices
· Residential housing
· Government Center
The following major achievements during the past 5-7 years were presented:
· New logo
· Entrance Signs
· Downtown banners
· Major streetscaping project with trees and landscaping
· New benches & trash containers
· New pocket park (funded by Sprint)
· New Web site – www.DowntownGI.com
Completed alley way project, alley entrances & identification, alley crossing concept, diagonal
parking, parking lot enhancements, and major building renovation projects were presented.
Mentioned were the following challenges:
· Deteriorating historical buildings
· Historical buildings typically cost 25-30% more to restore than to build new
· New building codes
· Key buildings isolated from parking
· Needed improvements to street curbs and brick pavers
· Continue to increase foot traffic
Proposed were the following “Downtown’s 4 Step Action Plan”:
1. Historical building restoration/upper level housing
2. Parking solutions
3. The physical environment – streetscape project
4. The Arts & Humanities Center for Grand Island
Estimated Investment was presented as follows:
1. Building renovation/upper-level housing: $500,000 revolving 0% interest loan fund.
2. City to become an equity partner on selected buildings of historical significance.
3. Historic Masonic Temple building project: Purchase/demolish 2 buildings with parking
lot: $350,000 (includes supporting contribution to private developer).
4. Street curb project: $1/2 million over 3 years. Similar to Hastings, Kearney, others.
5. Grand Theatre project: $10,000.
6. Kaufman-Cummings Park/Amphitheatre: Goal 50%+ contribution from private sources.
7. G.I. Arts & Humanity fund: City to determine.
8. Encourage government facilities in Downtown
The following representatives from downtown were introduced: Jim Berglund, Top Hat
Furniture; George Bartenbach, Bartenbach Galleries; Mark Stelk, General Collection; K.C.
Henke, Historic City Hall and Chairman of the downtown board; Craig Hand, Howard’s Jewelry;
Page 3, City Council Study Session, April 5, 2005
Tom Ziller, downtown rental property owner; Cindy Johnson, Chamber President; and Diana
Kellogg, management service provider for the Chamber.
Discussed were the new building codes that were passed by council. Questioned was if there
were exceptions to historical buildings. Craig Lewis, Building Department Director stated there
were no exceptions, it was more important for public safety especially in these older buildings.
Water mains were discussed as adequate in the downtown area with regards to fire safety and
electrical updates would be needed.
Explained were bump-outs which would reduce the street width, make pedestrian crossing
shorter, and slower traffic. Masonic Temple parking was discussed with regards to costs.
Councilmember Nickerson asked which one of the projects were the most needed with regards to
the City helping with the cost. Mr. Rasmussen stated the Downtown Board would have to decide
that issue. Currently the City does not have money budgeted except for a bump-out at 3rd &
Wheeler Street.
Cindy Johnson, Chamber President explained the historical background and funding of the
Business Improvement Districts in downtown. Parking issues and Tax Increment Financing
(TIF) were discussed.
ADJOURNMENT: The meeting was adjourned at 8:40 p.m.
RaNae Edwards
City Clerk
Item G4
Approving Appointments to the Library Facilities Committee
The Mayor is recommending the appointments of Karl Kostbahn and Jerry Bryant to the
Library Facilities Committee.
Mr. Kostbahn has been a member of the Grand Island Public Library Board of Trustees
since 2004, and was a member of the library's 2000 Feasibility Committee which was
convened to determine the feasibility of a library expansion project. Mr. Kostbahn is a
member of the Grand Island Rotary Club and is employed by Countryman Associates.
Mr. Bryant has served on the library board since 1996 and as president of the board
convened the 2000 Feasibility Committee. As a board member he was also involved in a
major revision of the library's strategic plan in 1997 which called for an expansion plan for
the library. Mr. Bryant is a retired Grand Island Public Schools administrator.
With approval by Council, appointments would become effective immediately and would
serve until the completion of the library expansion project.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G5
Approving Request of Matthew Carr, 3720 West State Street for
Liquor Manager Designation for Whiskey Creek Steakhouse, 1016
Diers Avenue
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: April 12, 2005
Subject: Request of Matthew Carr, 3720 West State Street for
Liquor Manager Designation for Whiskey Creek
Steakhouse, 1016 Diers Avenue
Item #’s: G-5
Presenter(s): RaNae Edwards, City Clerk
Background
Matthew Carr, 3720 West State Street has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Class “I-39333” Liquor
License for Whiskey Creek Steakhouse, 1016 Diers Avenue. This application has been
reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. All departmental reports have been received.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Matthew Carr, 3720 West State Street for Liquor
Manager Designation in conjunction with the Class “I-39333” Liquor License
for Whiskey Creek Steakhouse, 1016 Diers Avenue.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve this request for a Liquor
Mana ger Designation.
Sample Motion
Move to approve the request of Matthew Carr, 3720 West State Street for Liquor
Manager Designation for Whiskey Creek Steakhouse, 1016 Diers Avenue.
Item G6
Approving Request of Edward & Anita Sabatka dba Uncle Ed's
Steakhouse, 2624 South Locust Street for a Class "I" Liquor
License
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G7
Approving Request of Svoboda & Henk, Inc. dba Godfather's
Pizza, 1201 South Locust Street for a Change of Location Class "A-
12626" Liquor License
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G8
Approving Request of Dale Hartwig for Conditional Use Permit
for Temporary Crushed Concrete Parking/Staging Area to be used
during St. Francis Medical Center Bed Tower Addition Located at
905 North Custer Street
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item G9
#2005-97 - Approving Renewal of Leases at Cornhusker Army
Ammunition Plant for Storage Buildings
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: April 12, 2005
Subject: Approving Renewal of Leases at Cornhusker Army
Ammunition Plant for Storage Buildings
Item #’s: G-9
Presenter(s): Douglas R. Walker, City Attorney
Background
On May 22, 2001, City Council approved the leasing of several buildings at the former
Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132.
The leases that were approved provide for an automatic one year renewal requested by
the lessees. The resolution that is presented for Council consideration would authorize the
city to renew the leases on the three storage buildings located on city property at the
former Cornhusker Army Ammunition Plant.
Discussion
The city purchased property at the former Cornhusker Army Ammunition Plant that had
several storage buildings located on it. The city has been leasing these three storage
buildings to obtain revenue and utilize these assets. The lessees of the three buildings are
to Dominion Construction Company, Jerry Harder and the Nebraska State Patrol. Each of
these owners would like to renew their lease for another year. There have not been any
problems with damage to the property or with non payment of rent and city Parks &
Recreation officials are recommending that the Council extend the lease for an additional
year.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the resolution authorizing the city to extend the leases for another
year.
2. Disapprove the resolution which would not permit the city to enter into leases
for another year.
3. Modify the resolution or the leases to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
extension of the leases for an additional year.
Sample Motion
Approve the resolution authorizing the city to extend the leases for an additional year.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-97
WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of
land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by
the US Army Corp of Engineers during their ownership of the property; and
WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building
Leases with the tenants of the buildings pending development of the property; and,
WHEREAS, the leases provide an automatic one-year renewal if requested by the
Lessee's; and
WHEREAS, three of the Lessee's of storage buildings have requested that their lease be
extended for another year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker
Army Ammunition Plant are hereby authorized to be extended for an additional year to the following
Lessees in accordance with the Building Leases:
Lessee Description Rental
Dominion Construction Company Storage building $2,000/yr.
Jerry Harders Fire/guard building $500/yr.
Nebraska State Patrol Storage building $500/yr.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2005-98 - Approving Renewal of Lease Agreement with Hall
County Airport Authority for Jackrabbit Run Golf Course
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: April 12, 2005
Subject: Approving Lease Extension for Jackrabbit Run Golf
Course
Item #’s: G-10
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The City currently has a lease with the Hall County Airport Authority for the land that
Jackrabbit Run Golf Course occupies. That 15 year lease is set to expire on February 28,
2006.
Discussion
The City currently has a liquor license for Jackrabbit Run. The current license expires
May 1, 2005 and is renewable for one year. One requirement of the liquor license is that
the premises under the liquor license have a lease in effect for the entire length of the
liquor license. In order to meet the liquor license requirement, the lease with the Airport
Authority must be extended by two months. This extension would allow the city to
comply with the requirements of the liquor license.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the extension of the lease
agreement with Hall County Airport Authority.
Sample Motion
Motion to approve the lease extension agreement with the Hall County Airport Authority.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-98
WHEREAS, on August 25, 1975, the City Council of the City of Grand Island authorized a
lease agreement with the Hall County Airport Authority for use of property as a municipal golf course, now
known as Jackrabbit Run Golf Course; and
WHEREAS, such lease is scheduled to expire on February 28, 2006; and
WHEREAS, in order to continue the current liquor license at the golf course, the lease for
the golf course must remain in place until the expiration of the liquor license, which will be April 30, 2006;
and
WHEREAS, the parties have agreed to extend such lease until April 30, 2006; and
WHEREAS, an Extension of Lease 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 Extension of Lease Agreement by and between
the City and the Hall County Airport Authority for Jackrabbit Run Golf Course is hereby approved
extending the lease for the golf course until April 30, 2006.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Extension of Lease Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2005-99 - Approving Request for a Community Revitalization
Assessment Grant Application
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Approved as to Form ¤ ___________
April 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-99
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 revitalization; and
WHEREAS, a grant application has been prepared to request funding to complete a
Comprehensive Needs Assessment and a Revitalization Study for the City of Grand Island; and
WHEREAS, a $7,500 grant is being requested to fund such study, which requires a
minimum 25% local match.
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
Comprehensive Needs Assessment and a Revitalization Study for the City of Grand Island.
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.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2005-100 - Approving Acquisition of Right-of-Way Located at
431 Cherokee Avenue (James Thornton and Pauline Thornton)
This item relates to afore mentioned Public Hearing Item E-6.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-100
WHEREAS, a public right-of-way is required by the City of Grand Island, from James E.
Thornton and Pauline L. Thornton, husband and wife, to expand city utilities and street right-of-way; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of right-of-way through a part of Lot Twenty Three (23), Block One (1), Dale Roush
Second Subdivision located in the city of Grand Island, Hall County, Nebraska, the right-of-way being
more particularly described as follows:
Beginning at the southwest corner of Lot Twenty Three (23), Block One (1), Dale Roush
Second Subdivision; thence east on the north line of Navajo Drive for a distance of Sixty
(60.0) feet; thence north on a prolongation of the east line of Cherokee Avenue to a point
on the northwesterly line of Lot Twenty Three (23), Block One (1), Dale Roush Second
Subdivision; thence southwesterly on said northwesterly line of Lot Twenty Three (23),
Block One (1), Dale Roush Second Subdivision to the point of beginning.
The above-described right-of-way containing 3,661.8 square feet or 0.08 acres, more or
less, as shown on the plat dated September 3, 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 public right-of-way from James E. Thornton and Pauline L. Thornton, husband and
wife, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2005-101 - Approving Acquisition of Real Estate Located at 1
Navajo Drive (Chester Thornton and Juliann Thornton)
This item relates to afore mentioned Public Hearing Item E-7.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-101
WHEREAS, the City is interested in acquiring property from Cester D. Thornton and E.
Juliann Thornton, husband and wife, to expand city utilities and street right-of-way; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of real property legally described as Lot Twenty Four (24), Block One (1), Dale
Roush Second Subdivision in the City of Grand Island, Hall County, Nebraska; and
WHEREAS, Section 19-709, R.R.S. 1943, authorizes the City to appropriate private
property for use of the City for public facilities; and
WHEREAS, the parties have negotiated a purchase price for the property of $75,000, with
$500 to be paid by the City upon the approval and execution of an Agreement for Warranty Deed, and the
remaining $74,500 to be paid by the City at closing; and
WHEREAS, the appraised value of the property is $45,000; and
WHEREAS, the purchase price for this property includes the real estate, some items of
personal property and all relocation expenses; and
WHEREAS, an Agreement for Warranty Deed has been reviewed and approved by the
City Attorney setting out the terms and conditions for the conveyance of such property.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the acquisition of the above-described property
from Chester D. Thornton and E. Juliann Thornton, husband and wife, for the purchase price of $75,000 is
hereby approved, with $500 to be paid by the City upon approval and execution of the Agreement for
Warranty Deed, and the balance to be paid by the City at the closing.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Agreement for Warranty Deed on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2005-102 - Approving Bid Award for One Four-Wheel Drive Skid
Steer Loader for the Street & Transportation Division of the
Public Works Department
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Dale Shotkoski, Assistant City Attorney
Meeting: April 12, 2005
Subject: Approving Bid Award for One Four-Wheel Drive Skid
Steer Loader with Hydraulic Breaker
Item #’s: G-14
Presenter(s): Steven P. Riehle, Public Works Director
Background
On March 14, 2005 the Street & Transportation Division of the Public Works Department
advertised for bids for the purchase of a Four-Wheel Drive Skid Steer Loader with
Hydraulic Breaker. Funds for the skid steer were in the approved 2004/2005 budget.
Discussion
Two bids were received and opened on March 23, 2005. The Street & Transportation
Division of the Public Works Department and the Purchasing Division of the City
Attorney’s Office have reviewed the bids that were received. A summary of the bids is
shown below.
Bidder Exceptions Total Bid
Fairbanks Grand Island
Grand Island, NE
Does not meet specifications &
would require the purchase of a new
trailer (current trailer cost $3,950
new in 1998)
$22,707.00
Central Nebraska Bobcat
Grand Island, NE
None $24,585.50
There are sufficient funds for this purchase in Account No. 10033501-85615.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the purchase of the Four-Wheel Drive Skid Steer Loader with
Hydraulic Breaker from Central Nebraska Bobcat of Grand Island, NE in the
amount of $24,585.50.
2. Modify the motion.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the Skid Steer
Loader in the amount of $24,585.50 from Central Nebraska Bobcat of Grand Island, NE.
Sample Motion
Approve the purchase of the Four-Wheel Drive Skid Steer Loader with Hydraulic
Breaker.
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: March 23, 2005 at 11:00 a.m.
FOR: Four-Wheel Drive Skid Steer Loader w/ Hydraulic Breaker
DEPARTMENT: Public Works
ESTIMATE: $33,000.00
FUND/ACCOUNT: 10033501-85615
PUBLICATION DATE: March 14, 2005
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Fairbanks Grand Island Central Nebraska Bobcat
Grand Island, NE Grand Island, NE
Exceptions: Noted None
Bid Price: $22,707.00 $24,585.50
cc: Steve Riehle, Public Works Director Scott Johnson, Street Superintendent
Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P987
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-102
WHEREAS, the City of Grand Island invited sealed bids for One (1) Four-Wheel Drive
Skid Steer Loader with One (1) Hydraulic Breaker for the Streets and Transportation Division of the Public
Works Department, according to plans and specifications on file with the Street Division; and
WHEREAS, on March 23, 2005, bids were received, opened and reviewed; and
WHEREAS, Central Nebraska Bobcat 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 $24,585.50; and
WHEREAS, such bid is below 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 Central Nebraska Bobcat of Grand
Island, NE, in the amount of $24,585.50 for one (1) four-wheel drive skid steer loader with one (1)
hydraulic breaker is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2005-103 - Approving Bid Award for the Asphalt Maintenance
Project 2005-AC-1, Annual Resurfacing Program
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Steve Paustian, Parks and Recreation Director
Dale Shotkoski, Assistant City Attorney
Meeting: April 12, 2005
Subject: Approving Bid Award for the Asphalt
Maintenance Project 2005-AC-1
Item #’s: G-15
Presenter(s): Steven P. Riehle, Public Works Director
Background
On March 14, 2005 the Engineering Division of the Public Works Department advertised
for bids for the Asphalt Maintenance Project 2005-AC-1 .
Discussion
Two bids were received and opened on March 28, 2005. 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. Both bids were
submitted in compliance with the contract, plans, and specifications with no
exceptions. A summary of the bids is shown below.
Bidder Exceptions Bid Security Total Bid
J.I.L Asphalt Paving Co.
Grand Island, NE
None Inland Insurance
Co.
$733,914.93
Gary Smith Construction
Co, Inc.
None Inland Insurance
Co.
$587,245.05
The low bid was more than the engineer’s estimate for the project of $540,924.44. This
was due to the cost of the milling, which is a major component of the work, having risen
more than 25 percent above last years cost. There are sufficient funds in the Public Works
and Park and Recreation accounts to fund this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve awarding the contract for the Asphalt Maintenance
Project 2005-AC-1 to the lowest bidder.
2. Refer the issue to a committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve awarding the contract to Gary
Smith Construction Company Inc., of Grand Island, Nebraska, for the amount of
$587,245.05.
Sample Motion
Move to approve the award of the contract to the lowest bidder, Gary Smith Construction
Company Inc., of Grand Island, NE for the Asphalt Maintenance Project 2005-AC-1.
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: March 28, 2005 at 11:00 a.m.
FOR: Asphalt Maintenance Project 2005-AC-1
DEPARTMENT: Public Works
ESTIMATE: $540,924.44
FUND/ACCOUNT: 10033506-85354 $465,677.98
40044450-90033 $ 33,819.68
40044450-90028 $ 5,591.35
40044450-90028 $ 35,835.43
PUBLICATION DATE: March 14, 2005
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Gary Smith Construction Co. J.I.L Asphalt Paving Co.
Grand Island, NE Grand Island, NE
Bid Security: Inland Insurance Company Inland Insurance Company
Exceptions: None None
Bid Price: $587,245.05 $733,914.93
cc: Steve Riehle, Public Works Director Tom Carlson, Eng. Tech. Supervisor
Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P986
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-103
WHEREAS, the City of Grand Island invited sealed bids for Asphalt Maintenance Project
2005-AC-1, according to plans and specifications on file with the City Engineer; and
WHEREAS, on March 28, 2005, bids were received, opened and reviewed; and
WHEREAS, Gary Smith Construction 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 $587,245.05; and
WHEREAS, such bid exceeds the estimate for such project based on an increase in the
cost for milling work; and
WHEREAS, it is recommended that the low bid submitted by Gary Smith Construction
Company be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gary Smith Construction Company of
Grand Island, Nebraska, in the amount of $587,245.05 for Asphalt Maintenance Project 2005-AC-1 is
hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2005-104 - Approving Bid Award for Pole Yard Improvements -
Electrical Project 2005-PY-1
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: April 12, 2005
Subject: Approving Bid Award for Electrical Project 2005-PY-1 –
Pole Yard Improvements, Utilities Department
Item #’s: G-16
Presenter(s): Gary R. Mader, Utilities Director
Background
The Utilities Department stores power poles needed for construction and maintenance at
the facilities located at Cherry Street and Sutherland Street on the north side of the
Burdick Power Plant. A typical electrical distribution pole is 45 feet long and weighs
approximately 1,900 lbs. A typical electric transmission line pole is 80 feet long and
weighs 6,100 lbs. Currently, these poles are stored on old concrete foundations left over
from when the Waste Water Treatment Plant was in that area, railroad ties and in the dirt.
This method is not conducive to proper handling, access or inventory control. There is
also a safety issue in that the present system(s) is not designed to handle power poles.
Discussion
The referenced project provides for building concrete storage racks at the existing
location. The new racks will allow for proper and safe loading, handling, and storage of
the power poles. The design of the storage racks is in accordance with industry standard
that is used across the country. The pole rack construction will permit sorting by size and
class, inventory management, safe handling, and protection of the stored poles from
environmental damage. The project cost estimate was $100,000.
The bid package for the pole racks was submitted to six potential contractors and to the
local plan service agencies. Bids were publicly opened at 11:00 a.m. on Thursday, March
24, 2005 in accordance with City Procurement Codes. Four bids were received.
A tabulation of the bids is listed below:
Bidder Exceptions Evaluated Bid
Rathman-Manning Corp. None $109,536.92
Chapman, NE
Frahm Construction None $144,150.00
Carroll, NE
Starostka Group Yes $163,890.00
Grand Island NE
Diamond Engineering None $192,475.00
Grand Island, NE
During the evaluation of the bid from Rathman-Manning, it was discovered that the
extension of the unit price for the pole racks contained a minor mathematical error. The
correction results in an $0.08 reduction in their “as read” bid of $109,537.00. This
negligible decrease does not change the outcome of the announced low bidder.
All bids received have reviewed and evaluated. The bid from the low responsive bidder
is complete, without exceptions, and meets contract requirements. They are also
experienced in this specific type of construction and have done like projects for other
electric utilities.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the award of Electrical Project 2005-PY-1 to the Rathman-Manning
Corp., the low bidder
1. Refer the issue to a Committee
2. Postpone the issue to future date
3. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the award of the bid to the
Rathman-Manning Corp. of Chapman, Nebraska.
Sample Motion
Motion to approve the bid award for Electrical Project 2005-PY-1 to the Rathman-
Manning Corp. of Chapman, NE in the amount of $109,536.92.
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: March 31, 2005 at 11:00 a.m.
FOR: Electrical Project 2005-PY-1/Pole Yard Improvements
DEPARTMENT: Utilities
ESTIMATE: $100,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: March 9, 2005
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Starostka Group Frahm Construction
Grand Island, NE Carroll, NE
Bid Security: Merchants Bonding Co. National Mutual Insurance Co.
Exceptions: Noted None
Bid Price: $163,890.00 $144,150.00
Bidder: Rathman-Manning Corp. The Diamond Engineering Co.
Chapman, NE Grand Island, NE
Bid Security: Inland Insurance Co. Travelers Casualty & Surety
Exceptions: None None
Bid Price: $109,537.00 $192,475.00
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Tom Barnes, Utilities Eng. Manager Ray Micek, Electric Dist. Supt.
Pat Gericek, Utilities Admin. Assist. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P984
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-104
WHEREAS, the City of Grand Island invited sealed bids for Electrical Project 2005-PY-1,
Pole Yard Improvements – Burdick Station Area, according to plans and specifications on file with the
Utility Engineering Office at Phelps Control Center; and
WHEREAS, on March 31, 2005, bids were received, opened and reviewed; and
WHEREAS, Rathman-Manning Corp. of Chapman, 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 $109,537.00; and
WHEREAS, a minor mathematical error was discovered in Rathman-Manning Corp.'s bid,
which resulted in an adjusted bid price of $109,536.92; and
WHEREAS, such bid is below the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the adjusted bid of Rathman-Manning Corp. of
Chapman, Nebraska, in the amount of $109,536.92 for Electrical Project 2005-PY-1, Pole Yard
Improvements – Burdick Station Area is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2005-105 - Approving Agreement and Coordination of Activities
for the GREAT Race
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Paul Bresino
City of Grand Island City Council
Council Agenda Memo
From: Paul M. Briseno, Assistant to the City Administrator
Meeting: April 12, 2005
Subject: Approving Agreement and Coordination of Activities for
the Great Race
Item #’s: G-17
Presenter(s): Paul M. Briseno, Assistant to the City Administrator
Background
In 2000 Grand Island was a host city for the History Channel Great Race. The Great
Race is the only event of its kind in the world, featuring up to 100 vintage vehicles that
race across the United States back roads under controlled speeds. The Great Race has
been a public free venue for the past 22 years bringing families across the nation together
to enjoy vehicles of the 1920’s -1960’s. This year the Great Race will start in
Washington D.C. and end in Tacoma, Washington with Grand Island as a proposed
overnight destination.
It was estimated that the Great Race venue in 2000 created an economic impact of over
$200,000 with just the competitors, their crews and the Great Race staff. It was further
estimated that the Great Race drew in a crowd of over 20,000 from all over central
Nebraska and surrounding states.
Discussion
It has been requested that the City of Grand Island coordinate the 2005 Great Race
overnight stop for Grand Island set for July 2nd, 2005. A Great Race Committee has been
formed consisting of the City of Grand Island, Grand Island Area Economic
Development Corporation, Grand Island/Hall County Convention and Visitors Bureau,
Downtown/South Locust Business Improvement District, and local business. In the
2005-06 Council retreat, the Council set the help of Downtown programs as a goal. The
Great Race will bring an economic impact from across central Nebraska as well as gain
national advertising attention and create an event for our community’s families. A formal
contract has been requested by the Great Race to insure a well coordinated event.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Agreement and Coordination of Activities for the Great
Race
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council give approval of the Agreement and
Coordination of Activities for the Great Race.
Sample Motion
Approve the coordination and agreement with the Great Race.
THE GREAT RACE 2005
OVERNIGHT CITY HOST AGREEMENT
This agreement is between RALLY PARTNERS, INC., a Nevada Corporation (hereinafter
“RPI GREAT RACE”), and CITY OF GRAND ISLAND, NEBRASKA (hereinafter “COG”) in
regard to “COG” sponsoring an Overnight promotion of The Great Race 2005
(hereinafter “TGR”) and related festivities in Grand Island, Nebraska on July 02, 2005.
A. “RPI GREAT RACE” and “COG” Agree to the Following:
1. The name of the event is The Great Race 2005. The official start City is
Washington D.C., and the official finish city is Tacoma, Washington. “COG”
further agrees this wording and corresponding logos as provided and/or
approved by “RPI GREAT RACE” will be used by “COG” in promoting and
advertising the event. “RPI GREAT RACE” reserves the right to incorporate the
name of a title sponsor into the event name. “COG” agrees to use the revised
event name at the request of “RPI GREAT RACE”.
2. Any duplication of the event logo and the name of the event must be approved
by “RPI GREAT RACE” in writing prior to use.
3. This Agreement is not assignable by either of the parties hereto without the prior
written consent of the other party.
B. “COG” AGREES TO:
1. Submit all media and promotional materials to “RPI GREAT RACE” pertaining to
“TGR” for approval in writing prior to use.
2. Local event sponsorship and signage will not include alcohol, tobacco and/or
sponsors which conflict with “TGR” sponsors. “COG” will secure approval in
writing from “RPI GREAT RACE” for host event sponsorship and signage.
Pouring rights which are not advertised or recognized as a sponsor are allowed
and do not violate this provision.
3. Secure approval of local sponsors in writing by “RPI GREAT RACE” prior to their
signing.
4. Event venue must be approved by “RPI GREAT RACE.”
5. Pay “RPI GREAT RACE” a partnership fee of $5,000 to compete in the Great
American City Award. A Full Page Ad in our Program is included with this fee.
6. If a city decides to not compete in the Great American City Award, then a
minimum fee of $1500 will be paid to RPI for a Full Page 4-color Ad in our
souvenir program.
Overnight City Host Agreement
Grand Island, Nebraska
Page 2 of 4
2
7. Obtain written approval from “RPI GREAT RACE” for all planned festivities which
relate to “TGR” and its participants. Said approval will not be withheld in an
unreasonable or untimely manner.
8. Promote “TGR” as the major attraction of any and all scheduled festivities on July
02, 2005.
9. Provide the event venue, the equivalent of four city blocks on a secured, hard
surface area. Provide necessary street closures; process and pay any relevant
street or city permits; and provide traffic control for the designated Overnight
location and event venue on the evening of July 02, 2005. Traffic control by
local police, if necessary, will be provided during the 3½ hour time period of
Great Race vehicle arrival.
10. “RPI GREAT RACE” will make available to “COG” videotape and photographic
material for use in promotional and marketing tools by “COG”. “RPI GREAT
RACE” retains the right of approval of any materials containing “RPI GREAT
RACE” images. Said approval will not be withheld in an unreasonable or
untimely manner. “COG” may use its own photographer for “TGR”.
11. Provide contact names, addresses, phone and e-mail and arrange meetings for
“RPI GREAT RACE” promotional solicitation of local media, which includes primary
newspapers, local radio stations and television affiliates.
12. Distribute “RPI GREAT RACE” supplied event posters at appropriate local
businesses and locations.
13. Distribute media releases to local media and provide assistance in developing
media coverage using local interest angles. “COG” will perform this function at
the direction of “RPI GREAT RACE”.
14. Provide color separations for full-page 4-color ad in the 2005 edition of The
Great Race Souvenir Program no later than April 1, 2005. If separations are not
received by that date, “RPI GREAT RACE” will not guarantee publication of
“COG’s” ad.
15. Indemnify, hold harmless and defend “RPI GREAT RACE” and its or their
directors, officers, employees, agents, affiliates, principals, partners, members,
sponsors and shareholders from any and all losses, damages, claims, expenses,
and liabilities of any kind arising out of or resulting from any act, omission or
negligence of “COG”, its agents and employees, relating an event conducted in
whole or in part by “COG” and not caused by the act, omission or negligence of
any person seeking indemnification from “COG” under the terms of this
paragraph.
Overnight City Host Agreement
Grand Island, Nebraska
Page 3 of 4
3
C. IN CONSIDERATION FOR THE ABOVE, “RPI GREAT RACE” WILL:
1. Organize and conduct The Great Race 2005 which will start in Washington D.C.
on Saturday, June 25, 2005 and finish in Tacoma, Washington on Saturday, July
9, 2005.
2. Conduct activities for the July 2, 2005 overnight Stop in Grand Island, Nebraska.
3. Identify Grand Island, Nebraska as an Overnight Stop in the “TGR” venue list and
www.greatrace.com website.
4. Erect a secondary 2-sided hitchhiker banner measuring 18 inches x 13 feet
attached below the main banner on the Arrival Gate. The hitchhiker banner
must be supplied to the “RPI GREAT RACE” office by “COG” no later than March
1, 2005.
5. Provide a static display of event vehicles accessible to the public in the event
venue on July 02, 2005.
6. Provide a choreographed show in the Arrival Gate immediately prior to the
overnight finish.
7. Provide VIP recognition and photo/speaking opportunities for local sponsors and
officials during ceremonial medallion presentation in the Arrival Gate as part of
choreographed show.
8. Identify Grand Island, Nebraska as an overnight location on 2005 Great Race
printed materials including but not limited to: selected event merchandise,
national press releases and media materials, the quarterly Greatracer
newsletter, and mentions from Great Race radio promotion partners.
9. Name “COG” and its major sponsors as an “additional insured” on a $5,000,000
event liability insurance policy carried by “RPI GREAT RACE”. Additional insured
wording to be furnished to “RPI GREAT RACE” by May 1, 2005.
10. Indemnify, hold harmless and defend “COG” and its or their directors, officers,
employees, agents, affiliates, principals, partners, members, sponsors and
shareholders from any and all losses, damages, claims, expenses, and liabilities
of any kind arising out of or resulting from any act, omission or negligence of
“RPI GREAT RACE”, its agents and employees, relating an event conducted in
whole or in part by “RPI GREAT RACE” and not caused by the act, omission or
negligence of any person seeking indemnification from “RPI GREAT RACE” under
the terms of this paragraph.
11. Cooperate fully with “COG” and use its best efforts in promoting and publicizing
the Overnight Stop and related festivities of “TGR” in Grand Island, Nebraska.
Overnight City Host Agreement
Grand Island, Nebraska
Page 4 of 4
4
12. Provide one full-page ad in the 2005 edition of The Great Race Souvenir
Program. If color separations for the ad are not received by April 1, 2005, “RPI
GREAT RACE” will not guarantee publication of “COG’s” ad.
13. Grand Island, Nebraska will be eligible to compete for the Great American City
Award, a $10,000 monetary gift to the Grand Island city library.
For City of Grand Island, Nebraska:
_____ _________
Name Date
_____________________________________
Title
For RALLY PARTNERS, INC.:
Wayne Stanfield Date
Chief Operating Officer
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-105
WHEREAS, The Great Race is an event which features up to 100 vintage vehicles that race
across the United States under controlled speeds; and
WHEREAS, this year The Great Race will start in Washington, D.C. and end in Tacoma,
Washington with Grand Island as a proposed overnight destination; and
WHEREAS, Rally Partners, Inc., a Nevada corporation, is the overall sponsor, coordinator
and promoter of the event; and
WHEREAS, Rally Partners, Inc. has requested the City of Grand Island to coordinate the
overnight stop for The Great Race participants and staff; and
WHEREAS, it is anticipated that the event would provide a positive financial impact to the
community; and
WHEREAS, the Grand Island Area Economic Development Corporation, the Grand
Island/Hall County Convention and Visitors Bureau, the Downtown and South Locust Business
Improvement Districts and local business have expressed an interest in contributing to the success of this
event; and
WHEREAS, the proposed The Great Race 2005 Overnight City Host Agreement which
sets out the City's obligations to coordinate such event 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 Great Race 2005 Overnight City Host
Agreement by and between the City and Rally Partners, Inc., a Nevada corporation, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2005-106 - Approving Change Order #1 - Engineering Services
for Fuel Storage and Handling Area Upgrades - Utilities
Department
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: April 12, 2005
Subject: Contract Change Order for Fuel Storage and Handling
Area Upgrades Engineering Services – Platte Generating
Station
Item #’s: G-18
Presenter(s): Gary R. Mader, Utilities Director
Background
Recent changes to federal regulations for Oil Pollution Prevention [40 CFR Part 112]
require upgrades to the bulk fuel storage and fuel transfer areas at both Platte Generating
Station (PGS) and Burdick Station. An RFP was developed and Black & Veatch was
awarded a contract for the required engineering services in the amount of $59, 600.00.
As a result of preliminary investigation by Plant staff, the RFP included relocation of
existing vehicle fuel dispensing equipment at PGS as the method of compliance for the
new regulation. Plant staff’s interpretation of the new regulation indicated that relocating
the vehicle fuel stations to bermed areas near the bulk storage tanks would meet the new
rules. The existing vehicle fueling equipment consists of relatively small tanks (“farm
tanks”) on stands with dispensing hoses and nozzles.
Discussion
After the engineering contract was awarded, the State Fire Marshal’s office advised that
the PGS vehicle fuel stations would be required to be completely redesigned in
accordance with the National Fire Protection Association codes for motor fuel dispensing
facilities (NFPA 30A, 2003). These regulations pertain to facilities such as gas stations.
The existing PGS vehicle fuel stations cannot meet that code, even if they are relocated.
Therefore, Black & Veatch was required to design and prepare specifications for a
complete replacement.
Black & Veatch is requesting $7,900 for labor and expenses for this additional scope.
The effort included reviewing existing fueling equipment versus NFPA 30A
requirements, developing conceptual sketches for alternative solutions, discussions with
the State Fire Marshall and revisions to construction drawings and documents. Plant staff
has reviewed the request from Black & Veatch and concurs this work was not included in
the original scope of the RFP.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Resolution for Contract Change Order #1 for Fuel Storage and
Handling Area Upgrades Engineering Services
2. Refer the issue to a Committee
3. Postpone the issue to a future date
4. Take no action on the issue
Recommendation
City Administration recommends that Council approve Contract Change Order #1 for
Fuel Storage and Handling Area Upgrades Engineering Services.
Sample Motion
Move to approve Contract Change Order #1 for Fuel Storage and Handling Area
Upgrades Engineering Services.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-106
WHEREAS, on April 27, 2004, by Resolution 2004-93, the City Council of the City of
Grand Island approved the proposal of Black & Veatch of Overland Park, Kansas for engineering services
for fuel storage and handling areas – evaluation and upgrades; and
WHEREAS, after the engineering contract was awarded, the State Fire Marshal's office
advised the City that the fuel stations would be required to be completely redesigned in accordance with the
National Fire Protection Association codes for motor fuel dispensing facilities (NFPA 30A, 2003); and
WHEREAS, in order to meet these requirements, Black & Veatch will be required to
design and prepare specifications for a complete replacement; and
WHEREAS, Black & Veatch has agreed to perform the additional scope at a cost of
$7,900 for labor and expenses; and
WHEREAS, Change Order No. 1 has been prepared outlining the additional work involved
in this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute
Change Order No. 1 between the City of Grand Island and Black & Veatch of Overland Park, Kansas as
set out above.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2005-107 - Approving Wireline Crossing Agreement with Union
Pacific Railroad and Grand Island Utilities Department
Tuesday, April 12, 2005
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
Doug Walker, City Attorney
Meeting: April 12, 2005
Subject: Wireline Crossing Agreement between Union Pacific
Railroad and Grand Island Utilities Department
Item #’s: G-19
Presenter(s): Gary R. Mader, Utilities Director
Background
Grand Island Utilities Department is working with CXT to support the expansion of their
existing manufacturing plant in Grand Island. As part of the expansion, nearly a mile of
new rail spur line will be constructed by CXT to serve the increased capacity of their
plant. A fifty foot tall gantry crane will be used along the new rails to load concrete ties
on to rail cars.
The existing CXT plant and the planned expansion are located in the Union Pacific rail
yards on the east side of Grand Island. The Utilities Department has two 13.8kV
overhead distribution lines crossing the CXT construction. Those lines must be
reconstructed to underground configuration to provide clearance for the planned gantry
crane.
Discussion
The installation of the required underground conduit for the power line work will be done
by CXT as a part of their expansion project. After the conduit has been installed, Utilities
Department crews will install all electrical cond uctor and equipment to complete the
conversion. The cost of the conversion will be billed to CXT.
Because this power line work is being done on Railroad property, and crosses the rail
yard, a new Wireline Crossing Agreement with Union Pacific is required to allow the
reconstruction of the high voltage circuits. Since the power line work is being done for a
Railroad Client, there is no charge for the Crossing Agreement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Wireline Crossing Agreement between the City Of
Grand Island and Union Pacific Railroad
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Wireline Crossing
Agreement with Union Pacific.
Sample Motion
Move to approve the Wireline Crossing Agreement between Union Pacific Railroad and
The City of Grand Island, Utilities Department.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-107
WHEREAS, the Grand Island Utilities Department is working with CXT Incorporated to
support the expansion of their existing manufacturing plant in Grand Island; and
WHEREAS, as part of the expansion, nearly a mile of new rail spur line will be constructed
by CXT to serve the increased capacity of their plant; and
WHEREAS, the existing CXT plant and the planned expansion are located in the Union
Pacific rail yards on the east side of Grand Island; and
WHEREAS, the City Utilities Department has two 13.8kV overhead distribution lines
crossing the CXT construction, which will need to be reconstructed to underground configuration; and
WHEREAS, since the power line work is being done on railroad property, and crosses the
rail yard, Union Pacific Railroad Company requires a Wireline Crossing Agreement to allow the
reconstruction of the high voltage circuits; and
WHEREAS, the City Attorney has reviewed the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that a Wireline Crossing Agreement is hereby approved
between the City and the Union Pacific Railroad Company to all the reconstruction of high voltage circuits
for the expansion of CXT Incorporated.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2005-108 - Approving Application for Edward Byrne Memorial
Justice Assistance Grant (JAG) 2005
This item relates to the aforementioned Public Hearing Item E-8.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-108
WHEREAS, the Grand Island Police Department has received notification that they and the
Hall County Sheriff's Department have been awarded $34,581 in grant funds from the Justice Assistance
Grant (JAG) program; and
WHEREAS, the Grand Island Police Department will be allocated $25,936 of such funds;
and
WHEREAS, a public hearing was held on April 12, 2005 as required to discuss the
proposed use of such funds; and
WHEREAS, it is proposed that the grant funds allocated to the Grand Island Police
Department be used to purchase Panasonic Tough Book laptop computers for patrol vehicles, and to
provide approximately $8,645 to the Central Nebraska Drug Court for operational costs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that approval be granted to use grant funds received
from the Justice Assistance Grant program to purchase Panasonic Tough Book laptop computers for patrol
vehicles, and to provide approximately $8,645 to the Central Nebraska Drug Court for operational costs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G21
#2005-109 - Approving Memorandum of Understanding with Hall
County Sheriff Relative to Allocation of JAG Grant Monies
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Council Agenda Memo
From: Captain Robert Falldorf, Police Department
Meeting: April 12, 2005
Subject: Approval of Memorandum of Understanding between
City of Grand Island and Hall County for Designation of
Fiscal Agent and Agreement on Disbursement of Funds
for 2005 Byrne Justice Assistance Grant
Item #’s: G-21
Presenter(s): Kyle Hetrick, Chief of Police
Background
The Grand Island Police Department and Hall County Sheriff’s Department are eligible
to receive Justice Assistance Grant mone y from the U.S. Department of Justice in 2005.
This grant money replaces the Local Law Enforcement Block Grant money we have
received in previous years. This year, a combined amount for both agencies of $34,581
has been awarded and can be spent over a four year period. The Grand Island Police
Department will serve as the fiscal agency on this grant. The Hall County Sheriff’s
Department will be a disparate agency and will receive $8,645, leaving the Grand Island
Police Department with $25,936.
Discussion
There is a federal mandate that requires a Memorandum of Understanding (MOU)
between the City of Grand Island and Hall County. The purpose of this MOU is to show
agreement as to who will act as the fiscal agent for the grant and to show agreed upon
disbursement amounts. From the total award amount to the Grand Island Police
Department of $25,936, $17,291 is tentatively allocated to purchase Panasonic Tough
Book laptop computers for patrol vehicles. The remaining $8,645 from the grant funds
awarded to the Grand Island Police Department is tentatively allocated to the Central
Nebraska Drug Court for personnel costs. All funds disbursed to the Hall County
Sheriff’s Department ($8,645) as the disparate agency are tentatively allocated to
purchase equipment for Sheriff’s Department vehicles.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the MOU between the City of Grand Island and Hall County.
2. Send to committee for further discussion.
3. Table for more discussion.
4. Take no action.
Recommendation
City Administration recommends that the Council approve the MOU between the City of
Grand Island and Hall County pertaining to JAG funding.
Sample Motion
Approve the Memorandum of Understanding between the City of Grand Island and Hall
County pertaining to Byrne Justice Assistance Grant funding.
GMS APPLICATION NUMBER 2005-F4387-NE-DJ
THE STATE OF NEBRASKA
COUNTY OF HALL
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA
AND COUNTY OF HALL, NEBRASKA
2005 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This agreement is made and entered into this _______day of April, 2005, by and between
The County of Hall, acting by and through its governing body, The Hall County Board of
Supervisors, hereinafter referred to as COUNTY, and the CITY of Grand Island, acting
by and through its governing body, the City Council, hereinafter referred to as CITY,
both of Hall County, State of Nebraska, witnesseth:
WHEREAS, the City and County may apply for a direct award from the Justice
Assistance Grant Program of $34,581 and the City shall act as fiscal agent for this award
and file the joint application on behalf of the City and County: and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this agreement is in the
best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY $8,645 from the $34,581 JAG
award: and
WHERAS, the CITY and COUNTY believe it to be in their best interests to reallocate
the JAG funds.
NOW THEREFORE, the COUNTY and City agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of $8,645 of JAG funds.
Page 1 of 2
GMS APPLICATION NUMBER 2005-F4387-NE-DJ
Section 2.
COUNTY agrees to use the $8,645 JAG funds by 5-1-09.
Section 3.
Each party to this agreement will be responsible for its own actions in providing services
under this agreement and shall not be liable for any civil liability that may arise from the
furnishing of the services by the other party.
CITY OF GRAND ISLAND, NEBRASKA COUNTY OF HALL, NEBRASKA
_______________________________ _____________________________
Mayor Board Chairperson
ATTEST: APPROVED AS TO FORM
_______________________________ _____________________________
City Clerk County Clerk
_______________________________ _____________________________
City Attorney County Attorney
Page 2 of 2
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-109
WHEREAS, the City of Grand Island received notification that it will receive $34,581 in
grant funds through the 2005 Byrne Justice Assistance Grant (JAG) Program; and
WHEREAS, the amount awarded is to be used by the Grand Island Police Department and
the Hall County Sheriff's Department in accordance with criteria established by the grant program; and
WHEREAS, the Grand Island Police Department will serve as the fiscal agency on the
grant; and
WHEREAS, it is recommended that the Hall County Sheriff's Department receive $8,645,
with the remainder of the funds to be used by the Grand Island Police Department; and
WHEREAS, the proposed Memorandum of Understanding has been reviewed by the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding by and
between the City and the County of Hall for the disbursement of $8,645 in grant funds to the County of Hall
received by the City of Grand Island through the 2005 Byrne Justice Assistance Grant (JAG) Program is
hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Memorandum of Understanding on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G22
#2005-110 - Approving Acquisition of Property Located at 1203-
1205 West 3rd Street (Grand Island Library Foundation, Inc.
Previously Owned by S. Douglas Kucera and Marcia K. Almquist)
This item relates to the aforementioned Public Hearing Item E-9.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-110
WHEREAS, the Grand Island Public Library Foundation, Inc., a Nebraska non-profit
corporation, has acquired real property west of the existing Edith Abbott Memorial Library at 1203-1205
West Third Street, for the purpose of expanding and renovating such facility; and
WHEREAS, the Grand Island Public Library Foundation, Inc. has expressed an interest in
donating such real property to the City of Grand Island; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of property described as the northerly ninety four (94.0) feet of Lot One (1), in Block
Sixteen (16), in Arnold and Abbott's Addition to the City of Grand Island, Hall County, Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to
acquire by donation from the Grand Island Public Library Foundation, Inc., a Nebraska non-profit
corporation, the property with a street address of 1203-1205 West Third Street and legally described as
the northerly ninety four (94.0) feet of Lot One (1), in Block Sixteen (16), in Arnold and Abbott's Addition
to the City of Grand Island, Hall County, Nebraska, for the purpose of expanding and renovating the Edith
Abbott Memorial Library.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G23
#2005-111 - Approving Acquisition of Utility Easement Located at
530 N Webb Rd (Abundant Life Christian Center)
This item relates to the aforementioned Public Hearing Item E-10.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-111
WHEREAS, a public utility easement is required by the City of Grand Island, from
Abundant Life Christian Center, a non-profit corporation, to install, upgrade, maintain, and repair public
utilities; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of the Northeast Quarter of the
Southeast Quarter (NE1/4, SE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10)
West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, the easement and right-of-way
being more particularly described as follows:
Beginning at the southeast corner of said Northeast Quarter of the Southeast Quarter
(NE1/4, SE1/4); thence running westerly along the south line of said Northeast Quarter of
the Southeast Quarter (NE1/4, SE1/4), on an Assumed Bearing of N89º17'04"W, a
distance of Thirty Seven (37.0) feet, to a point on the westerly right-of-way line of Webb
Road; thence running N00º00'00"W, along the westerly right-of-way line of Webb Road, a
distance of Six Hundred Seventy Three and Seventy Six Hundredths (673.76) feet, to the
Actual Point of Beginning, said point also being Thirty Seven (37.0) feet west of the east
line of said Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4); thence running
S89º59'48"W, a distance of Sixteen (16.0) feet; thence running N00º00'00"E, a distance of
Eighty Six and Sixty Hundredths (86.60) feet; thence running N00º30'56"W, a distance of
One Hundred Eleven and Eleven Hundredths (111.11) feet; thence running S89º58'38"E, a
distance of Sixteen (16.0) feet, to a point on the westerly right-of-way line of Webb Road,
said point also being Thirty Eight (38.0) feet west of the east line of said Northeast Quarter
of the Southeast Quarter (NE1/4, SE1/4); thence running S00º30'56"E, along the westerly
right-of-way line of Webb Road, a distance of One Hundred Eleven and Eleven
Hundredths (111.11) feet, to a point Thirty Seven (37.0) feet west of the east line of said
Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4); thence running
S00º00'00"W, a distance of Eighty Six and Sixty Hundredths (86.60) feet, to the actual
point of beginning and containing 0.073 acres more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Abundant Life Christian Center, a non-profit
corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G24
#2005-112 - Approving Acquisition of Sanitary Easement Located
at 9 Dakota Drive (Joel Shafer)
This item relates to the aforementioned Public Hearing Item E-11.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-112
WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Joel
B. Shafer, a single person, to install, upgrade, maintain and repair public utilities; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of a sanitary sewer easement through a part of Lot Forty Six (46), Block One (1),
Dale Roush Second Subdivision located in the city of Grand Island, Hall County, Nebraska, the right-of-
way being more particularly described as follows:
Beginning at a point where the west line of Commanche Avenue intersects the south line of
Dakota Drive; thence southwesterly on the northwesterly line of Lot 46, Block 1, Dale
Roush Second Subdivision, to the most northwesterly corner of Lot 46, Block 1, Dale
Roush Second Subdivision; thence southeasterly on the westerly line of Lot 46, Block 1,
Dale Roush Second Subdivision to a point; thence northeasterly on a line twenty feet
southeasterly of and parallel to the northwesterly line of Lot 46, Block 1, Dale Roush
Second Subdivision to the south line of Dakota Drive; thence west on the south line of
Dakota Drive to the point of beginning.
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 sanitary sewer easement from Joel B. Shafer, a single person, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G25
#2005-113 - Approving Acquisition of Right-of-Way Adjacent to
and North of 1 Navajo Drive and 2 Navajo Drive (Jacqueline
Hanover and Ted & Imogene Lechner)
This item relates to the aforementioned Public Hearing Item E-12.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-113
WHEREAS, public right-of-way is required by the City of Grand Island, from Jacqueline
Hanover, a single person, and Imogene L. Lechner and Teddy Lechner, wife and husband, to expand city
utilities and street right-of-way; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of right-of-way through a part of the Southeast Quarter of the Northwest Quarter
(SE1/4, NW1/4) of Section 14, Township 11 North, Range 10 West of the 6th P.M. in the city of Grand
Island, Hall County, Nebraska, the right-of-way being more particularly described as follows:
Beginning at a point on the north line of Dale Roush Second Subdivision, said point being
forty (40.0) feet west of the northeast corner of Lot 23, Dale Roush Second Subdivision;
thence continuing west on the north line of Lots 23 and 24, Dale Roush Second Subdivision
to the northwest corner of Lot 24, Dale Roush Second Subdivision; thence north on a line
perpendicular to the north line of Dale Roush Second Subdivision for a distance of eighty
(80.0) feet; thence east on a line eighty (80.0) feet north of and parallel to the north line of
Dale Roush Second Subdivision for a distance of two hundred eighty-two and three
hundredths (282.03) feet; thence south on a line perpendicular to the north line of Dale
Roush Second Subdivision for a distance of eighty (80.0) feet, to the point of beginning.
Said property containing twenty two thousand five hundred sixty two and four tenths
(22,562.4) square feet or 0.518 acres more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire public right-of-way from Jacqueline Hanover, a single person, and Imogene L.
Lechner and Teddy Lechner, wife and husband, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G26
#2005-114 - Approving Amendment to the Agreement with Olsson
Associates for Construction Administration on the Project to Pave
Independence Avenue
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: April 12, 2005
Subject: Approving Amendment to the Agreement with Olsson
Associates for Construction Administration on the
Project to Pave Independence Avenue
Item #’s: G-26
Presenter(s): Steven P. Riehle, Public Works Director
Background
On October 23, 2001 the City of Grand Island entered into an agreement with Olsson
Associates for Engineering Services for the project to pave Independence Avenue,
Shanna Street, and La riat Lane. The agreement provided for design only with future work
such as construction administration to be performed under an amendment to the
agreement. Any amendments to the agreement must be approved by council.
Discussion
Bids were opened and approved by Council at the March 22, 2005 regular city council
meeting. The contractor will be starting work soon and the services of a consulting
engineer are needed for construction administration.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve the amendment to the agreement.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the amendment to the
agreement for Construction Administration on the project to pave Independence Avenue.
Sample Motion
Approve the amendment to the agreement.
Approved as to Form ¤ ___________
April 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-114
WHEREAS, on October 23, 2001, by Resolution 2001-296, the City Council for the City
of Grand Island awarded the proposal for conceptual engineering design work on street and safety
improvements in the northwest area of Grand Island to Olsson Associates of Grand Island, Nebraska; and
WHEREAS, on June 11, 2002, by Resolution 2002-172, the City Council of the City of
Grand Island authorized Amendment #1 to the agreement with Olsson Associates to proceed with final
design of the project; and
WHEREAS, the next phase of the agreement consists of construction staking, construction
observation, material testing and contract administration for construction of Independence Avenue, Shanna
Street and Lariat Lane; and
WHEREAS, due to Olsson Associates' knowledge and experience working on this project,
it is recommended that they continue providing engineering work to final completion of the project; and
WHEREAS, Olsson Associates is willing to complete the engineering work for this phase of
the project at actual cost up to a maximum of $42,519; and
WHEREAS, the 2nd Amendment to the Agreement for Engineering Services 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 2nd Amendment to the Agreement for
Engineering Services by and between the City and Olsson Associates for construction administration for the
construction of Independence Avenue, Shanna Street and Lariat Lane is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor be, and hereby is, authorized and directed
to execute such amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G27
#2005-115 - Approving Bid Award for Phelps Control Contract
Project 2005-OPGW-1
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Carl Hurd
City of Grand Island City Council
Council Agenda Memo
From: Carl Hurd, Information Technology Manager
Bob Smith, Assistant Utilities Director
Tom Barnes, Utility Engineering Manager
Meeting: April 12, 2005
Subject: Approving Bid Award for Contract 2005-OPGW-1.
Installation of 48 Fiber OPGW Shield Wire and ADSS to
Provide Network Connection Between City Hall and
Phelps Control Center.
Item #’s: G-27
Presenter(s): David Springer, Finance Director
Carl Hurd, Information Technology Manager
Background
On March 2, 2005 the City Information Technology and Utilities Departments advertised
for bids for the installation of 48 fiber OPGW and ADSS from City Hall to Phelps
Control Center. Funds for this project were in the 2004/2005 approved budget. A pre-bid
meeting was held March 17, 2005 with five potential bidders attending. This is a pilot
project for the City, intended to increase network bandwidth between City Hall and
remote sites. The current wireless system used to connect Phelps Control to City Hall has
been in service nearly 7 years and has a bandwidth of approximately 5mb. The Fiber will
allow bandwidth of 1gb (1000mb) with the use of only 2 of the 48 fibers. This amount of
bandwidth will provide the capability of having a backup data system at a remote site
such as Phelps Control. This portion of the project was designed to allow for future
connection to the Waste Water Treatment Plant, City/County Public Safety Center and
Fire Training Center provided they are located at the site on East Hwy 30 and Talc Drive.
Discussion
Two bids were received and opened on April 1, 2005. These bids have been reviewed,
see attached summary.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve Kayton Electrics’ bid in the amount of $71,317.00
to complete the project.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Kayton Electrics’ bid of
$71,317.00 to complete the project.
Sample Motion
Approve Kayton Electrics’ bid to complete the 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: April 1, 2005 at 11:00 a.m.
FOR: Phelps Control Contract Project 2005-OPGW-1
DEPARTMENT: Utilities and Information Technology
ESTIMATE: $75,000.00
FUND/ACCOUNT: Capital Fund 400
Enterprise Fund 520
PUBLICATION DATE: March 2, 2005
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Schmader Electric Const. Co. Kayton Electric, Inc.
West Point, NE Holdrege, NE
Bid Security: Federal Insurance Company United Fire & Casualty Co.
Exceptions: None None
Bid Price: $76,370.00 $71,317.00
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Pat Gericke, Admin Assist Utilities David Springer, Finance Director
Carl Hurd, IT Manager Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P982
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-115
WHEREAS, the City of Grand Island invited sealed bids for Phelps Control Contract
Project 2005-OPGW-1, according to plans and specifications on file with the Utility Engineering Office at
Phelps Control Center; and
WHEREAS, on April 1, 2005, bids were received, opened and reviewed; and
WHEREAS, Kayton Electric, Inc. of Holdrege, 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 $71,317.00; and
WHEREAS, such bid is below the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Kayton Electric, Inc. of Holdrege,
Nebraska, in the amount of $71,317.00 for Phelps Control Contract Project 2005-OPGW-1 is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G28
#2005-116 - Approving Acquisition of Utility Easement Located at
2620 West Faidley Avenue- St. Francis Medical Center
This item relates to the aforementioned Public Hearing Item E-13.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-116
WHEREAS, a public utility easement is required by the City of Grand Island, from St.
Francis Medical Center, a Nebraska non-profit corporation, to install, upgrade, maintain, and repair public
utilities and appurtenances; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot One (1), Saint Francis Medical
Third Subdivision in the City of Grand Island, Hall County, Nebraska, the ten (10.0) foot wide easement
and right-of-way being more particularly described as follows:
The southerly ten (10.0) feet of the easterly one hundred fifty five (155.0) feet of Lot One
(1) Saint Francis Medical Third Subdivision.
The above-described easement and right-of-way containing 0.036 acres, more or less, as
shown on the plat dated February 2, 2005, marked Exhibit "A" attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from St. Francis Medical Center, a Nebraska non-profit
corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G29
#2005-117 - Approving Acquisition of Utility Easement Located at
804 North Webb Road - WCI, LLC
This item relates to the aforementioned Public Hearing Item E-14.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-117
WHEREAS, a public utility easement is required by the City of Grand Island, from WCI,
LLC, a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities and
appurtenances; and
WHEREAS, a public hearing was held on April 12, 2005, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Lot Fourteen (14), Meadowlark
West Fourth Subdivision in the City of Grand Island, Hall County, Nebraska, the easement and right-of-
way being more particularly described as follows:
The southerly twenty (20.0) feet of the westerly one hundred twenty six (126.0) feet of Lot
Fourteen (14) Meadowlark West Fourth Subdivision.
The above-described easement and right-of-way containing 0.058 acres, more or less, as
shown on the plat dated March 30, 2005, 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 WCI, LLC, a Nebraska limited liability company, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G30
#2005-118 - Approving Agreement for Reconfiguration of
Segments of Electric Distribution Circuits and 115kV
Transmission Line - City of Grand Island & CXT
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Doug Walker, City Attorney
Meeting: April 12, 2005
Subject: Agreement for Reconfiguration of Segments of Electric
Distribution Circuits and 115kV Transmission Line –
City of Grand Island, Utilities Department and CXT
Item #’s: G-30
Presenter(s): Gary R. Mader, Utilities Director
Background
Grand Island Utilities Department is working with CXT to support the expansion of their
existing manufacturing plant in Grand Island. As part of the expansion, nearly a mile of
new rail spur line will be constructed by CXT to serve the increased capacity of their
plant. A fifty foot tall gantry crane will be used along the new rails to load concrete ties
on to rail cars.
The existing CXT plant and the planned expansion are located in the Union Pacific rail
yards on the east side of Grand Island. The Utilities Department has two 13.8 kV
overhead distribution lines crossing the CXT construction. Those lines must be
reconstructed to underground configuration to provide clearance for the planned gantry
crane.
The Utilities Department also has a 115,000 volt transmission line crossing the area. This
line will have to be raised to provide safe clearance for the gantry crane.
Discussion
In accordance with Department policy, the cost of reconstructing power lines is
considered a cost to the development project when that reconstruction is required solely
because of the development project. In this case, the Utilities Department has prepared
detailed cost breakdowns for the power line reconstruction work and had a series of
meetings with CXT representatives.
Because the reconfiguration of the feeder circuits and raising of the transmission line
entail the expenditure of several hundred thousand dollars, it is the recommendation of
the Utilities Department that the City enter into a written agreement to document and
define the obligations of the parties. A copy of the proposed agreement is attached. It
has been reviewed and approved by the Legal Department.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Agreement for Reconfiguration of Segments of Electric
Distribution Circuits and 115kV Transmission Line between the City of Grand
Island and CXT
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Agreement for
Reconfiguration of Segments of Electric Distribution Circuits and 115kV Transmission
Line.
Sample Motion
Motion to approve the Agreement for Reconfiguration of Segments of Electric
Distribution Circuits and 115kV Transmission Line between CXT and the City of Grand
Island, Utilities Department.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-118
WHEREAS, CXT Incorporated (CXT) operates a concrete railroad tie manufacturing plant
in the City of Grand Island; and
WHEREAS, CXT wishes to expand its facility which will require the reconfiguration of two
13.4 kV electrical distribution circuits and a length of 115 kV transmission line owned by the City of Grand
Island Electric Department; and
WHEREAS, the City and CXT agree that the 13.4 kV distribution circuits should be
reconstructed from overhead to underground configuration and that the 115 kV transmission line should be
raised to accommodate the CXT plant expansion needs; and
WHEREAS, an agreement setting out the responsibilities of both the City and CXT has
been prepared to complete this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement for Reconfiguration of Segments of
Electric Distribution Circuits and 115kV Transmission Line by and between the City and CXT Incorporated
is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G31
#2005-119 - Approving GITV Engineering Services
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Jennifer Fuller
City of Grand Island City Council
Council Agenda Memo
From: Jennifer Fuller, Public Information Officer
Meeting: April 12, 2005
Subject: GITV Engineering Services
Item #’s: G-31
Presenter(s): Jennifer Fuller, Public Information Officer
Background
GITV has served Hall County and the Grand Island area with governmental-educational
programming since 1993. City Council meetings are broadcast live each week on UHF
channel 56 and cable channel 6. Hall County Board meetings, School Board meetings
and locally produced educational programming are also aired on GITV. One of City
Council’s goals for 2004-5 was to reinvent GITV. In continuing with that goal, funding
for 2004-5 was budgeted to purchase necessary equipment and obtain engineering
services to ensure properly working equipment which in turn will better serve our
citizens.
Discussion
In an effort to continue to provide quality programming on GITV and ensure that
equipment is consistently in working order, the Public Information Department sought
quotes from three video technicians. Unfortunately, there is not a local company that
provides professional broadcast television equipment and maintenance. The lowest
quoted package was from AVI Systems out of Omaha- $13,863 for engineering services.
By working with AVI Systems, the GITV staff can continue to keeping citizens aware
and educated about City happenings.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council move to approve GITV Engineering
Services Contract with AVI Systems.
Sample Motion
Motion to approve GITV Engineering Services Contract.
Revised 112404 Page 1 of 3 www.avisystems.com
6271 Bury Drive, Eden Prairie, MN 55346 (952) 949-3700
3001 104th Street, Urbandale, IA 50322 (515) 254-9850
8052 Flint Street, Lenexa, KS 66214 (913) 495-9494
X 5055 South 111th Street, Omaha, NE 68137 (402) 593-6500
1930 East Century Avenue, Bismarck, ND 58503 (701) 258-6360
8140 Brentwood Industrial Dr., St. Louis, MO 63144 (314) 781-5590
Customer / Bill To: Project / Location: Office Information:
City of Grand Island City of Grand Island Job #
100 East First Street 100 East First Street Sales Rep: Sauer 24A
Box 1968 Box 1968 Engineering Mgn: Bakke
Grand Island, NE 68802 Grand Island, NE 68802 Terms Accepted By:
Customer # Attn: Jennifer Fuller Project Accepted By:
Date: 3/17/05 Phone: 308-385-5444 x148 Est. Start Date:
Customer PO: Fax: 308-385-5486 Est. Completion Date:
Notes:
1.0 Specific Project Scope – AVI Systems will provide system maintenance and repair as requested.
2.0 Statement of Services To Be Provided – The services to be provided by AVI Systems under this Agreement are per the
Attachment “A” – Statement of Services.
3.0 Project Fees – AVI Systems will provide the technical services under this Agreement on a Time and Materials basis. Based
on the stated “Specific Project Scope” and “Statement of Services To Be Provided” the following estimate of engineering time
is provided to complete the engineering processes.
Est. Hrs. Description Hourly Rate Total
24
16
8
24
24
12
1
1
1
Engineering
Field Service
Depot Service
Installation Technician
Lead Installation Technician
Travel time
Cables & connectors
Hardware & Materials
Out of pocket expenses
$116.00
$102.00
$86.50
$91.40 $110.20
$76.50
1,200.00
$800.00
$1,000.00
$2,784.00
$1,632.00
$ 692.00
$2,193.00
2,644.80
$918.00
$1.200.00
$800.00
$1,000.00
$13,863.00
If the Scope Of Work of this project changes a Contract Change Order, per Section 8.0 of this Agreement, will be provided for
approval before proceeding with the work.
Reimbursable expenses directly associated with this project will be invoiced at 1.1 times actual cost in addition to the fees for
technical services. Such expenses include travel and related expenses, overnight couriers, unusual photocopies or
reproductions, progress plots, copying, blueprinting, and similar expenses.
4.0 Taxes – AVI Systems will add any applicable taxes to the amount of each invoice.
5.0 Invoicing for Engineering Services – Progress invoices will be submitted for the portion of the technical services and
reimbursable expenses expended on the project on a monthly basis.
Each progress billing will be due net 15 days from invoice. A finance charge computed at the rate of 1.5% per month will be
charged on any balance not received within 30 days.
6.0 Remit To Address – All payments should be mailed to:
Audiovisual, Inc.
dba AVI Systems
NW 8393 PO Box 1450
Minneapolis, MN 55485-8392
Systems Engineering Agreement (SEA)
Revised 112404 Page 2 of 3 www.avisystems.com
7.0 Key Project Personnel
Sales Engineer: Guy Sauer
Design / Managing Engineer: Lane Bakke
8.0 Changes In The Scope of Work – Costs resulting from changes in the scope of this project, additional requirements or
restrictions placed on AVI Systems by the Customer or its representatives will be added to or subtracted from the contract
depending upon the changes being made. When AVI Systems becomes aware of the nature and impact of the change, a
Contract Change Order will be submitted for review and approval before work continues.
9.0 Insurance – Commercial general liability insurance, including contractual liability, at limits of not less than $1,000,000 per
occurrence, automobile liability insurance, at limits of not less than $1,000,000 per occurrence, errors and omissions insurance
at limits of $1,000,000, and worker’s compensation and employer's liability insurance covering all employees engaged in the performance of this order for claims arising under any applicable worker's compensation and occupational disease acts.
10.0 Compliance With Law – AVI Systems agrees and warrants that AVI Systems shall comply with all requirements of applicable
laws, regulations and standards including but not limited to the provisions of (a) Executive Order 11246, as amended, of the
President of the United States and the Rules and Regulations pursuant thereto pertaining to Equal Employment Opportunity;
(b) the Fair Labor Standards Act of 1938 of the United States, as amended, with respect to Wages and Hours; (c) the
Occupational Safety and Health Act of 1970 (OSHA), as amended; (d) the Immigration Reform and Control Act of 1986
(IRCA).
11.0 Ownership and Use of Documents and Electronic Data – Drawings, specifications, other documents, and electronic data
furnished by AVI Systems for the associated project under this Agreement are instruments of the services provided. AVI
Systems shall retain all common law, statutory and other reserved rights, including any copyright in these instruments. These
instruments of service are furnished for use solely with respect to the associated project under this Agreement. The Customer
shall be permitted to retain copies of any drawings, specifications, other documents, and electronic data furnished by AVI
Systems for information and reference in connection with the associated project.
12.0 Proprietary Protection of Programs – This Agreement does not cause any transfer of title, or intellectual rights, in Control
Systems Programs, or any materials produced in connection therewith, including Source Codes. The Programs are provided,
and are authorized for installation, execution, and use only in machine-readable object code form. This Agreement is expressly
limited to the use of the Control Systems Programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not seek to reverse-engineer any Program to obtain Source Codes, and that it will not
disclose the Programs to any third party, without the consent of AVI Systems. The Control Systems Programs, and Source
Codes, together with AVI Systems' know-how and installation and configuration techniques, furnished hereunder are
proprietary to AVI Systems, and were developed at private expense. If Customer is a branch of the United States government,
for purposes of this Agreement any software furnished by AVI Systems hereunder shall be deemed "restricted computer
software", and any data, including installation and systems configuration information, shall be deemed "limited rights data", as
those terms are defined in FAR 52.227-14 of the Code of Federal Regulations.
13.0 General Business Terms – This Agreement is not assignable without the prior written consent of AVI Systems. Any attempt
to assign any of the rights, duties, or obligations of this Agreement without such consent is void. This Agreement can only be
modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of AVI
Systems, and variance from the terms and conditions of the Agreement in any order or other written notification from the
Customer will be of no effect. The term 'this Agreement" as used herein includes any applicable installment payment
agreement, supplement or future written amendment made in accordance herewith. If any provision or provisions of this
Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby. Unless otherwise agreed to in writing by Customer and AVI
Systems, if any printed term or condition contained in any purchase order or other form used by Customer to order products or
services pursuant to this Agreement, or in any acknowledgment or other form used by Customer is inconsistent with any term
or condition contained herein, the provisions hereof shall apply and take precedence. AVI Systems is not responsible for
failure to fulfill its obligations under this Agreement due to causes beyond its control or, except as agreed herein, to provide any services hereunder for Equipment located outside the United States or Puerto Rico. The laws of the State of Iowa will
govern this Agreement.
13.1 Remedies – Upon default as provided herein, AVI Systems shall have all the rights and remedies of a secured party
under the Uniform Commercial Code and under any other applicable laws. Any requirements of reasonable notice by either
party to the other guarantors or sureties of Customer shall be met if such notice is mailed, postage prepaid, to the address of
the parties shown on the first page of this Agreement (or to such other mailing address as either party in writing later furnishes
to the other) at least ten calendar days before the time of the event or contemplated action set forth in said notice. Customer
agrees to pay all expenses of retaking, holding, preparing for sale, selling and attorneys' fees and legal expenses as may be
allowed by law and incurred by AVI Systems, in enforcing its rights under this Agreement. The rights and remedies herein
conferred upon AVI Systems, shall be cumulative and not alternative and shall be in addition to and not in substitution of or in
derogation of rights and remedies conferred by the Uniform Commercial Code and other applicable laws.
Revised 112404 Page 3 of 3 www.avisystems.com
13.2 Limitation of Remedies – AVI Systems entire liability and the Customer's exclusive remedy shall be as follows: In all
situations involving performance or nonperformance of Equipment or Services furnished under this Agreement, the
Customer's remedy is the adjustment or repair of the Equipment or replacement of its parts by AVI Systems, or, at AVI
Systems option, replacement of the Equipment. In no event will AVI Systems be liable for any damages caused by the
Customer's failure to perform the Customer's responsibilities, or for any lost profits or other consequential damages, even if
AVI Systems has been advised of the possibility of such damages, or for any claim against the Customer by any other party,
or for any damages caused by performance or non-performance of Equipment located outside the United States or Puerto
Rico.
14.0 Acceptance of Agreement – This agreement includes services that are required to satisfy the project scope of Section 2.0
Specific Project Scope. AVI Systems will begin work on this project upon receipt of a copy of this agreement duly signed and
executed by an agent of the Customer, specifically authorized to bind the Customer to the terms and conditions of this
agreement.
In Witness whereof, the parties hereto by their duly authorized representatives have executed this Agreement upon the date first set
forth herein.
AGREED AND ACCEPTED BY: SUBMITTED BY:
__ _____ AVI Systems
(Customer)
________________________ ______________
(Signature) (Signature)
________________________________________
(Print Name) (Print Name)
_____________________________________
(Date) (Date)
Approved as to Form ¤ ___________
April 7, 2005 ¤ City Attorney
R E S O L U T I O N 2005-119
WHEREAS, GITV has served Hall County and the Grand Island area with governmental-
educational programming since 1993; and
WHEREAS, City Council meetings, Hall County Board meetings, School Board meetings
and locally produced educational programs are currently aired on GITV; and
WHEREAS, due to the advancements of technology, it is becoming more apparent that the
present GITV equipment is outdated and/or obsolete; and
WHEREAS, funding has been provided in the 2004-2005 budget to update such
equipment; and
WHEREAS, quotes were requested from area video technicians to provide engineering
services to update such equipment and to expand programming capabilities; and
WHEREAS, AVI Systems of Omaha, Nebraska, offered to provide such engineering
services and ongoing technical consulting and training for the amount of $13,863; and
WHEREAS, a proposed Systems Engineering Agreement with AVI Systems 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 Systems Engineering Agreement by and
between the City and AVI Systems of Omaha, Nebraska, is hereby approved to provide engineering
services to upgrade GITV equipment and programming capabilities, and to provide ongoing technical
consulting and training.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item H1
Approving Request of Richard Hartman for Conditional Use
Permit for Sand and Gravel Operation Located at 3812 South
Blaine Street
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item I1
#2005-73 - Approving Economic Development Incentive
Agreement with CXT
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: April 12, 2005
Subject: Authorizing the City to Enter Into an Economic
Development Agreement with CXT Incorporated, an
L.B. Foster Company
Item #’s: I-1
Presenter(s): Douglas R. Walker, City Attorney
Background
The voters of the City of Grand Island approved an Economic Development Plan at the
May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that
establishes the Economic Development Plan and the Citizens Advisory Review
Committee to oversee the process of approving applications for economic development
incentives. CXT Incorporated, an L.B. Foster Company (CXT) has applied for an
infrastructure grant and a forgivable loan from the Grand Island Area Economic
Development Corporation pursuant to the Economic Development Plan. This application
has been reviewed and approved by the Executive Committee of the Economic
Development Corporation and by the Citizens Advisory Review Committee. CXT’s
application is now being forwarded to the City Council for its approval pursuant to the
city’s Economic Development Plan.
Discussion
The Economic Development Corporation has taken the application of CXT for a
$100,000 infrastructure grant and a $100,000 forgivable loan as an incentive to assist
with the expansion of their facility to manufacture concrete railroad ties in the City of
Grand Island. An Economic Development Agreement has been prepared by the
Economic Development Corporation which sets forth the terms under which CXT would
receive these benefits. CXT would receive a $100,000 infrastructure grant when facility
expansion takes place and a $100,000 forgivable loan which would not have to be repaid
if it meets all the employment targets during the five year period for which the agreement
would be in effect. The Economic Development Agreement spells out in detail how the
employment targets would be calculated and what amounts would be paid back if these
targets are not met. The application of CXT meets all the criteria for extending economic
incentives and the Economic Development Corporation’s Executive Board as well as the
Citizens Advisory Review Committee have both unanimously recommended approval of
the Economic Development Agreement. For the above mentioned reasons, city
administration is seeking City Council approval of the resolution authorizing the city to
enter into the Economic Development Agreement with CXT.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution authorizing the city to enter into the Economic
Development Agreement with CXT.
2. Deny the Economic Development Agreement.
3. Modify the Agreement to meet the wishes of the Council.
4. Take no action on the issue.
Recommendation
City Administration recommends tha t the Council approve the resolution authorizing the
city to enter into the Economic Development Agreement with CXT.
Sample Motion
Motion to approve the resolution authorizing the city to enter into the Economic
Development Agreement with CXT.
Approved as to Form ¤ ___________
April 6, 2005 ¤ City Attorney
R E S O L U T I O N 2005-73
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, CXT Incorporated, an L.B. Foster Company, has applied for a forgivable
loan in the amount of $100,000 and a $100,000 infrastructure grant from the Grand Island Area Economic
Development Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of the
Economic Development Corporation and was approved on February 15, 2005 by the Citizens Advisory
Review Committee; and
WHEREAS, CXT Incorporated will be required to meet or exceed employment numbers
and employee salary levels as outlined in the Economic Development Agreement to retain all of the
economic incentives granted under the agreement; and
WHEREAS, the Economic Development Agreement has been accepted by the Executive
Board of the Economic Development Corporation and reviewed and accepted by members of the Citizens
Review Committee; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to CXT Incorporated as provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and CXT Incorporated, an
L.B. Foster Company , to provide a $100,000 infrastructure grant and $100,000 in economic assistance
through a forgivable loan to CXT Incorporated, to be used for establishing its business at 710 East Highway
30 in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 12, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item J1
Payment of Claims for the Period of March 23, 2005 through April
12, 2005
The Claims for the period of March 23, 2005 through April 12, 2005 for a total amount of
$3,388,102.59. A MOTION is in order.
Tuesday, April 12, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council