11-28-2006 City Council Regular Meeting PacketCity of Grand Island
Tuesday, November 28, 2006
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
Call to Order
City of Grand Island City Council
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.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Josh Sikes, Third City Christian Church, 4100 West 13th Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Presentation of Howard Eakes Award to 1-R School 8th Grade
Class from Clean Community System
The Mayor and City Council will recognize the efforts of District 1-R eighth grade students
for work on "Project Citizen" a Portfolio-Based Civic Education Program. The fourteen
eighth-graders chose to work on an anti-littering campaign after hearing a presentation by
Betty Curtis of Clean Community Systems. Ms. Curtis will be presenting the "Howard
Eakes" award to the eighth-graders on behalf of the Clean Community System. We
congratulate these student's for their campaign against litter.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item D1
#2006-BE-12 - Consideration of Determining Benefits for Sanitary
Sewer Districts 519; Lots 10 through 21 of Westwood Park Second
Subdivision
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Board of Equalization Hearing to Determine Benefits and
Consideration of an Ordinance Levying Assessments for
Sanitary Sewer District 519/521; Lots 9 through 21 of
Westwood Park Second Subdivision
Item #’s: D-1 & F-4
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer Districts 519/521 was approved
on October 24, 2006 with November 28, 2006 set as the date for Council to sit as the
Board of Equalization. All work has been completed and special assessments have been
calculated for the Districts.
Discussion
The contract for Sanitary Sewer Districts 519/521 was awarded to The Starostka Group
Unlimited Inc., of Grand Island, NE on February 14, 2006. Work on the project was
completed at a construction price of $150,312.11. Total cost of the project is
$201,187.47. Costs for the project break down as follows:
Original Bid $ 170,398.26
Overruns $ 2,765.99
Change Order No. 1 ($ 22,852.14)
Sub Total (Construction Price) $ 150,312.11
Other Costs (See Completion Certificate) $ 50,875.36
Total Cost $ 201,187.47
The estimated assessment per Lot at the time Districts 519/521 were created was
$15,423.00. The final assessment per Lot is $13,994.94.
The assessed costs between the districts and the cities costs break down as follows:
Total Assessed to District 519 $ 167,939.30
Total Assessed to District 521 $ 13,994.94
City Costs for Drainage Improvements $ 19,253.23
Total Cost $ 201,187.47
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve a resolution to determine benefits and pass an ordinance
levying the assessments.
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 sit as the Board of Equalization to
determine 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 determining benefits for Sanitary Sewer Districts
519/521.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for Sanitary Sewer Districts
519/521.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
R E S O L U T I O N 2006-BE-12
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
519, 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
$167,939.30; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 519, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
David L. & Kathleen A. Goosic Lot 10, Westwood Park Second Subdivision $13,994.94
William T. & Jacqueline R. Foster Lot 11, Westwood Park Second Subdivision $13,994.94
Jerry D. & Sharon L. Conroy Lot 12, Westwood Park Second Subdivision $13,994.94
Jason C. & Gayle D. Bonnes Lot 13, Westwood Park Second Subdivision $13,994.94
David S. & Julie L. Sackschewsky Lot 14, Westwood Park Second Subdivision $13,994.94
Robert A. & Nancy C. Arends Lot 15, Westwood Park Second Subdivision $13,994.94
Terry L. & Kristine K. Fegter Lot 16, Westwood Park Second Subdivision $13,994.94
Bryan L. & Jean M. Taylor Lot 17, Westwood Park Second Subdivision $13,994.94
Leon A. Milan Lot 18, Westwood Park Second Subdivision $13,994.94
Gary L. & Irene D. Pearce Lot 19, Westwood Park Second Subdivision $13,994.94
Rosalie J. Zlomke Lot 20, Westwood Park Second Subdivision $13,994.94
Duane E. & Kimberli K. Coates Lot 21, Westwood Park Second Subdivision $13,994.96
TOTAL $167,939.30
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Item D2
#2006-BE-13 - Consideration of Determining Benefits for Sanitary
Sewer Districts 521; Lot 9 of Westwood Park Second Subdivision
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Board of Equalization Hearing to Determine Benefits and
Consideration of an Ordinance Levying Assessments for
Sanitary Sewer District 519/521; Lots 9 through 21 of
Westwood Park Second Subdivision
Item #’s: D-2 & F-5
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer Districts 519/521 was approved
on October 24, 2006 with November 28, 2006 set as the date for Council to sit as the
Board of Equalization. All work has been completed and special assessments have been
calculated for the Districts.
Discussion
The contract for Sanitary Sewer Districts 519/521 was awarded to The Starostka Group
Unlimited Inc., of Grand Island, NE on February 14, 2006. Work on the project was
completed at a construction price of $150,312.11. Total cost of the project is
$201,187.47. Costs for the project break down as follows:
Original Bid $ 170,398.26
Overruns $ 2,765.99
Change Order No. 1 ($ 22,852.14)
Sub Total (Construction Price) $ 150,312.11
Other Costs (See Completion Certificate) $ 50,875.36
Total Cost $ 201,187.47
The estimated assessment per Lot at the time Districts 519 / 521 were created was
$15,423.00. The final assessment per Lot is $13,994.94.
The assessed costs between the districts and the cities costs break down as follows:
Total Assessed to District 519 $ 167,939.30
Total Assessed to District 521 $ 13,994.94
City Costs for Drainage Improvements $ 19,253.23
Total Cost $ 201,187.47
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve a resolution to determine benefits and pass an ordinance
levying the assessments.
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 sit as the Board of Equalization to
determine 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 determining benefits for Sanitary Sewer Districts
519/521.
(Sample Motion for the Ordinance)
Move to approve the ordinance levying the assessments for Sanitary Sewer Districts
519/521.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
R E S O L U T I O N 2006-BE-13
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
521, 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
$13,994.94; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 521, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Douglas C. & Betty E. Bryant Lot 9, Westwood Park Second Subdivision $13,994.94
TOTAL $13,994.94
_ _ _
Adopted by the City Council of the City of Grand Island, Nebraska, on November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Change of Zoning for a Tract of Land Proposed
for Platting as Ponderosa Village Subdivision Located West of
Highway 281 and South of Rae Road from RD Residential
Development to B2 General Business
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 28, 2006
Subject: Change of Zoning
Item #’s: E-1 & F-8
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This application proposes to change the zoning on a tract of land proposed for platting as
Ponderosa Village Subdivision from RD Residential Development zone to B2 General
Business zone for a tract of land being part of outlots B and C4, Ponderosa Lake Estates
Subdivision, in the City of Grand Island, Hall County, Nebraska. This property is located
west of Hwy. 281 and south of Rae Road.
Discussion
This would be in general conformance with the City’s Comprehensive Land Use Plan. The
property on the east side of James Road, as it is currently platted, is designated commercial.
This proposal would move James Road to the west creating more space between U.S. Hwy.
281 and the frontage road. The uses would be consistent with the level of service intended
for James Road and Rae Road. Both streets will be designed to meet the minimum standards
for a commercial street. This would promote greater separation between U.S. Hwy. 281 and
the frontage road (James Road). These changes will allow the developers to put more
separation between U.S. Hwy. 281 and the frontage road. This should help avoid some of the
issues that have been experienced along State Street and 13th Street, west of U.S. Hwy. 281,
to the north. The developer is proposing to reconfigure the intersection of James Road and
Rae Road. This development is consistent with the Ewoldt Subdivision (Ponderosa Pointe
Development) approved for the property north of Rae Road by Council last Spring.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the rezoning as presented
2. Modify the rezoning to meet the wishes of the Council
3. Table the issue
4. Deny the request to rezone the property
Recommendation
A motion was made by Haskins 2nd by Eriksen to approve the rezoning as presented.
A roll call vote was taken and the motion passed with 12 members present (Miller, Amick,
O’Neill, Ruge, Hayes, Monter, Haskins, Eriksen, Brown, Niemann, Reynolds, Snodgrass)
voting in favor.
Sample Motion
Approve the rezoning for Ponderosa Village Subdivision as presented.
Item E2
Public Hearing on Amendment to Redevelopment Plan for
Blighted and Substandard Area #2 for Southeast Crossings LLC
for a Commercial Center to be Located at 939 South Locust Street
(Ray O'Connor)
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP CRA Director
Meeting: November 28, 2006
Subject: TIF Application from Southeast Crossings LLC
Item #’s: E-2 & G-14
Presenter(s): Chad Nabity, AICP CRA Director
Background
Southeast Crossings LLC has applied for tax increment financing for the development of
and expansion of commercial retail space at 939 S. Locust in the City of Grand Island. To
extend tax increment financing through a redevelopment contract, the developer must
obtain the approval of the Community Redevelopment Authority and obtain the approval
of the Planning Commission prior to coming before the City Council for final approval.
Southeast Crossings LLC has obtained the approval of the Community Redevelopment
Authority and has also obtained approval from the Regional Planning Commission at
their November 1, 2006 meeting. This project now comes before the City Council for
final consideration for authorizing tax increment financing.
Discussion
Ray O’Connor of Southeast Crossing LLC, has submitted a redevelopment proposal in a
timely manner to the Community Redevelopment Authority for consideration. The
Community Redevelopment Authority has prepared the redevelopment contract for use in
extending tax increment financing assistance to Southeast Crossings LLC. Southeast
Crossings LLC proposes to renovate and expand the existing building on its property for
a commercial retail/office uses. This project will be built on a site on South Locust.
Subsequent to receiving CRA approval, the Hall County Planning Commission reviewed
the amendment to the redevelopment plan for blight and substandard area number 2.
They determined that the proposed development is consistent with the existing zoning
and future land use planned for the City of Grand Island and recommended approval.
This proposed redevelopment contract, which would extend tax increment financing for
fifteen years to this project is now before the City Council for consideration. The total
tax increment financing allowed for this project may not exceed $182,560 during this 15
year period.
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 use of tax increment financing
for the proposed project.
2. Not approve the use of tax increment financing for this project.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the use of tax increment
financing for this project.
Sample Motion
Motion to approve a resolution to use tax increment financing for the redevelopment
project of Southeast Crossings LLC.
Item E3
Public Hearing Concerning Acquisition of Utility Easement - 3203
Frontage Road (Webb Rd. & Hwy. 30) - GI Commercial Ventures,
LLC
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Acquisition of Utility Easement – Grand Island
Commercial Ventures, LLC – 3203 Frontage Road (Webb
& Hwy. 30)
Item #’s: E-3 & G-12
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 Grand
Island Commercial Ventures, LLC, located at 3203 Frontage Road (Webb Road & Hwy. 30),
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 place a three-phase pad-mounted transformer to provide
electrical service to a new commercial building.
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
Motion to approve acquisition of the Utility Easement.
Item E4
Public Hearing Concerning Acquisition of Utility Easement - 1312
Sky Park Road - Central Nebraska Humane Society
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Acquisition of Utility Easement – 1312 Sky Park Road –
Central Nebraska Humane Society
Item #’s: E-4 & G-13
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of the Central Nebraska Humane Society, Inc., located on the south side of the new
Humane Society building at 1312 Sky Park Road, in the City of Grand Island, Hall
County, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Discussion
This easement will be used to place underground conduit, cable, and a pad-mounted
transformer to provide electrical service to the new Humane Society building.
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
Motion to approve acquisition of the Utility Easement.
Item F1
#9083 - Consideration of Creation of Water Main District 453T -
Grand Island Army Aviation Support Facility
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: November 28, 2006
Subject: Water Main District 453T – Grand Island Army
Aviation Support Facility
Item #’s: F-1
Presenter(s): Gary R. Mader, Utilities Director
Background
As a part of competing for the Army Aviation Support Facility to be located at the
Central Nebraska Regional Airport, the City agreed to extend a water system trunk line to
the boundary of the Facility. The Army would connect to that trunk line extension for
water supply for the distribution system within the Army Facility. Proposed Water Main
District 453T would provide for the trunk line extension. See the attached district plat for
reference.
Discussion
The planned 12” diameter main would extend the water system to serve the Guard’s
Base, located on the east side of the Airport. The water line construction would
commence on Sky Park Road and extend northeasterly along the southerly access road as
shown on the Airport’s Master Plan. This proposed routing could provide service to
commercial air businesses if they develop in the future. The route parallels a runway that
is no longer in service. However, the property along the proposed water line has the
potential of being developed for commercial use in the future.
The construction for Water Main District 453T would be done as a Connection District.
This is the City’s standard method for installing large diameter “trunk” lines through
undeveloped areas to reach developing areas. This method allows the City to be
reimbursed for project costs if/when the area develops and properties receive City water
service.
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 approve Ordinance #9083 creating
Water Main District 453T.
Sample Motion
Motion to approve Ordinance #9083 creating Water Main District 453T along the south
side of the Central Nebraska Regional Airport, to provide trunk line extension to the
Grand Island Army Aviation Support Facility development.
WATER MAIN DISTRICT 453T BOUNDARY DESCRIPTION - ORDINANCE NO. 9083
REVISED 10-24-2006
12” water main
Commencing at the southwest corner of Section Thirty Six (36), Township Twelve (12)
North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence N1º17’28”W
along the westerly line of said Section Thirty Six (36), a distance of five hundred fifty two
and forty eight hundredths (552.48’) feet to the actual Point Of Beginning ; thence
S88º17’20”W, a distance of one hundred ninety and one hundredth (190.01) feet; thence
S44º10’13”W, a distance of three thousand eight hundred four and eighty four hundredths
(3,804.84) feet, thence S63º46’20”W, a distance of two thousand six hundred four and
sixty one hundredths (2,604.61) feet to a point on the westerly line of Section Two (2),
Township Eleven (11) North, Range Nine (9) West; thence N1º32’51”W along the westerly
line of said Section Two (2), a distance of four hundred eighty four and twenty three
(484.23) feet; thence N63º46’20”E, a distance of two thousand three hundred twenty six
and forty five (2,326.45) feet; thence N44º10’13”E, a distance of three thousand six
hundred sixty two and eighty eight hundredths (3,662.88) feet; thence N88º17’20”E, a
distance of seven hundred sixty six and two hundredths (766.02) feet; thence S1º15’47”E,
a distance of two hundred seventy (270.0) feet; thence S88º44’13”W parallel with the
southerly line of said Section Thirty Six (36), a distance of two hundred twenty (220.0) feet
to the said Point of Beginning.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
ORDINANCE NO. 9083
An ordinance creating Water Main District No. 453T in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water
mains in said district; approving plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 453T in the City of Grand Island,
Nebraska, is hereby created for the laying of twelve (12.0) inch water mains with its
appurtenances in Sky Park Road, and extend northeasterly along the southerly access road in the
City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such water main district shall be more
particularly described as follows:
? This Space Reserved for Register of Deeds ?
ORDINANCE NO. 9083 (Cont.)
- 2 -
Commencing at the southwest corner of Section Thirty Six (36), Township
Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska;
thence N1º17’28”W along the westerly line of said Section Thirty Six (36), a
distance of five hundred fifty two and forty eight hundredths (552.48’) feet to the
actual Point of Beginning; thence S88º17’20”W, a distance of one hundred ninety
and one hundredth (190.01) feet; thence S44º10’13”W, a distance of three
thousand eight hundred four and eighty four hundredths (3,804.84) feet; thence
S63º46’20”W, a distance of two thousand six hundred four and sixty one
hundredths (2,604.61) feet to a point on the westerly line of Section Two (2),
Township Eleven (11) North, Range Nine (9) West; thence N1º32’51”W along
the westerly line of said Section Two (2), a distance of four hundred eighty four
and twenty three hundredths (484.23) feet; thence N63º46’20”E, a distance of two
thousand three hundred twenty six and forty five hundredths (2,326.45) feet;
thence N44º10’13”E, a distance of three thousand six hundred sixty two and
eighty eight hundredths (3,662.88) feet; thence N88º17’20”E, a distance of seven
hundred sixty six and two hundredths (766.02) feet; thence S1º15’47”E, a
distance of two hundred seventy (270.0) feet; thence S88°44’13”W parallel with
the southerly line of said Section Thirty Six (36), a distance of two hundred
twenty (220.0) feet to the said Point of Beginning.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids
for the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main connection district
shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
determine benefits to abutting property by reason of such improvement pursuant to Section 16-
6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
certified by resolution of the City Council to the Hall County Register of Deeds. A connection
fee in the amount of the special benefit accruing to each property in the district shall be paid to
the City of Grand Island at such time as such property becomes connected to the water main in
such district. No property thus benefited by water main improvements shall be connected to the
water main until the connection fee is paid.
ORDINANCE NO. 9083 (Cont.)
- 3 -
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, without the plat,
as provided by law.
Enacted November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9086 - Consideration of Creation of Water Main District 455 -
Parkview Area
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: November 28, 2006
Subject: Consideration of Creation of Water Main District 455 –
Park-View Subdivision
Item #’s: F-2
Presenter(s): Gary R. Mader, Utilities Director
Background
Ground water polluted by industrial solvents continues to spread eastward across the
southern portion of the City. The leading edge is now south of Grand Avenue and west of
August Street, crossing the Park-View Subdivision.
Water Main District 454 was created earlier in response to requests from residents in the
Parkview area of the City. That District was designed to provide extension of the
municipal water system throughout the subdivision. District 454 was ultimately protested
by a substantial ma jority of the property owners in the area and was discontinued by
Council in accordance with state law. The City has now received a new request for
creation of a modified district, one serving a reduced area. A plat of the revised district is
attached for reference.
Discussion
Ordinance 9086 provides for the creation of Water Main District 455. The proposed
project would install 8” diameter water mains to serve the 42 lots within the District’s
boundary. The work is planned as an assessment district. This is the Department’s
standard method for installing water lines at the request of area property owners in
developed areas. The district, if created by Council, is subject to a 30 day protest period.
If protests are received from property owners represent ing less than 50% of the front
footage in the District, the District may be continued for construction. With the
assessment district process, the Water Department will finance the payment of the
assessments. The assessment costs of the District may be financed over a five year
period, at 7% interest on the unpaid balance.
Attached are copies of the District plat, legal description, and a list of property owners
within the District boundary.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the creation of Water Main District 455
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 create Water Main District 455.
Sample Motion
Motion to approve Ordinance 9086 creating Water Main District 455.
WATER MAIN DISTRICT 455 BOUNDARY
ORDINANCE NO. 9086
8” water main in part of Commerce Ave and part of Pioneer Blvd.
Beginning at the southeast corner of Lot Two (2) Block “E” Parkview Subdivision;
thence westerly along the southerly line of Lot Two (2), Lot Three (3), Lot Four (4), Lot
Five (5), and Lot Six (6), all of Block “E” said Parkview Subdivision, a distance of five
hundred thirty four (534.0) feet, to the southwest corner of said Lot Six (6) Block “E”;
thence northerly along the westerly line of said Lot Six (6) Block “E” and Lot Seventeen
(17) Block “D” said Parkview Subdivision and their extension through Pioneer
Boulevard, a distance of eight hundred seventeen and four tenths (817.4) feet, to the
northwest corner of said Lot Seventeen (17) Block “D”; thence westerly along the
southerly line of Lot Twenty (20), Lot Twenty Two (22), Lot Twenty Four (24), Lot
Twenty Six (26), Lot Twenty Eight (28), Lot Thirty (30), Lot Thirty two (32), Lot Thirty
Four (34), Lot Thirty Six (36), and Lot Thirty Eight (38) all of Block “D” said Parkview
Subdivision, a distance of one thousand sixty eight (1,068.0) feet, to the southwest
corner of said Lot Thirty Eight (38) Block “D”; thence northerly along the westerly line of
said Lot Thirty Eight (38) Block “D” and Lot Thirty (30) Block “C” said Parkview
Subdivision and their extension through Commerce Avenue, a distance of six hundred
eleven and seven tenths (611.7) feet, to the northwest corner of said Lot Thirty (30)
Block “C”; thence easterly along the northerly line of Lot Thirty (30), Lot Twenty Eight
(28), Lot Twenty Six (26), Lot Twenty Four (24), Lot Twenty Two (22), Lot Twenty (20),
Lot Eighteen (18), Lot Sixteen (16), Lot Fourteen (14), Lot Twelve (12), Lot Ten (10), Lot
Eight (8), and Lot Six (6) all of Block “C” said Parkview Subdivision, and the northerly
line of Lot Two (2) Commerce Subdivision, a distance of one thousand three hundred
eighty eight and four tenths (1,388.4) feet, to the northeast corner of said Lot Two (2)
Commerce Subdivision; thence southerly along the easterly line of said Lot Two (2)
Commerce Subdivision, a distance of eighty nine and ninety five hundredths (89.95)
feet to the northwest corner of Lot Two (2) Park Subdivision; thence easterly along the
northerly line of said Lot Two (2) Park Subdivision and its extension through Park Drive,
a distance of one hundred sixty three and six tenths (163.6) feet, to a point on the
easterly right-of-way line of said Park Drive; thence southerly along the easterly
right-of-way line of said Park Drive, a distance of eighty six and ninety five hundredths
(86.95) feet to a point on the northerly right-of-way line of said Commerce Avenue;
thence easterly along the northerly right-of-way line of said Commerce Avenue, a
distance of seventy six and fifteen hundredths (76.15) feet; thence southerly along the
easterly line of Lot Eight (8) and Lot Seven (7) both of Block “D” said Parkview
Subdivision and their extension through said Commerce Avenue and said Pioneer
Boulevard, a distance of eight hundred seventy five and six tenths (875.6) feet, to a
point on the southerly right-of-way line of said Pioneer Boulevard; thence westerly along
the southerly right-of-way line of said Pioneer Boulevard, a distance of one hundred six
and eight tenths (106.8) feet, to the northeast corner of said Lot Two (2) Block “E”
Parkview Subdivision; thence southerly along the easterly line of said Lot Two (2) Block
“E”, a distance of three hundred eighty and twenty four hundredths (380.24) feet, to the
southeast corner of said Lot Two (2) Block “E” being the said Point Of Beginning.
WATER MAIN DISTRICT 455 Percent Against Ownerships: 11/9/2006
Ordinance # 9086 Percent For
LOT BLOCK SUBDIVISION ADDRESS FRONT FOOTAGE SQUARE FOOTAGE FOR AGAINST
30 C PARK-VIEW SUB 2522 COMMERCE AVE Current Owner:HEUPEL / EUGENE L & JACQUALYNE 106.80 18,572.52
H & W
Address:2522 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
38 D PARK-VIEW SUB 2521 COMMERCE AVE Current Owner:NELSON / MICHAEL S & JODY L 106.80 40,349.04
H & W
Address:2521 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
28 C PARK-VIEW SUB 2520 COMMERCE AVE Current Owner:TJADEN / JERROLD L & LINDA S 106.80 18,572.52
H & W
Address:2520 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
36 D PARK-VIEW SUB 2519 COMMERCE AVE Current Owner:LAWREY / WILLIAM E & SANDRA L 106.80 40,349.04
26 C PARK-VIEW SUB 2518 COMMERCE AVE H & W 106.80 18,572.52
Address:2519 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-7324
34 D PARK-VIEW SUB 2517 COMMERCE AVE Current Owner:PAPE / ROGER C 106.80 40,349.04
A SINGLE PERSON
Address:1095 CALLE DEL ORO
City, State:BASQUE FARMS NM
Zipcode:87068-
22 C PARK-VIEW SUB 2516 COMMERCE AVE Current Owner:DOWD / PATRICK F & SUZANNE M 106.80 18,572.52
24 C PARK-VIEW SUB H & W 106.80 18,572.52
Address:2516 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
32 D PARK-VIEW SUB 2515 COMMERCE AVE Current Owner:BEASON / ROCKE D & MARLENE M 106.80 40,349.04
H & W
Address:2515 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
30 D PARK-VIEW SUB 2513 COMMERCE AVE Current Owner:MLECZKO / KRIS L 106.80 40,349.04
A SINGLE PERSON
Address:2513 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
20 C PARK-VIEW SUB 2512 COMMERCE AVE Current Owner:GUERRERO / ROBERT P & JOANIE C 106.80 18,572.52
H & W
Address:2512 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68803-0000
28 D PARK-VIEW SUB 2511 COMMERCE AVE Current Owner:WOBIG / AARON L 106.80 40,349.04
A SINGLE PERSON
Address:2511 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
18 C PARK-VIEW SUB 2510 COMMERCE AVE Current Owner:BROWN / THOMAS J & LORINDA LOU (KRANCE) 94.80 16,485.72
EXCEPT EAST 12'H & W
Address:2510 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
26 D PARK-VIEW SUB 2509 COMMERCE AVE Current Owner:TOLLE / WILLIAM & SHERRI 106.80 18,572.52
H & W
Address:2509 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
16 C PARK-VIEW SUB 2508 COMMERCE AVE Current Owner:RUHE / WALDO E & DOROTHY E 106.80 20,659.32
18 C PARK-VIEW SUB H & W 12.00
EAST 12'Address:2508 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
14 C PARK-VIEW SUB 2506 COMMERCE AVE Current Owner:HOFFMAN / CHARLES H & CHRISTINE M 106.80 18,572.52
H & W
Address:2115 PARK DR
City, State:GRAND ISLAND NE
Zipcode:68801-0000
24 D PARK-VIEW SUB 2507 COMMERCE AVE Current Owner:FAIRCHILD / GERALDINE LEE 106.80 40,349.04
W & H
Address:2507 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
22 D PARK-VIEW SUB 2505 COMMERCE AVE Current Owner:VON HOUSEN / JAMES E & GAYLENE A 106.80 40,349.04
H & W
Address:2505 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
12 C PARK-VIEW SUB 2504 COMMERCE AVE Current Owner:CASTLEBERRY / CAROL M 106.80 18,572.52
A SINGLE PERSON
Address:2504 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
20 D PARK-VIEW SUB 2503 COMMERCE AVE Current Owner:HENKE / FRANK W & MARLENE E 106.80 40,349.04
H & W
Address:2503 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
18 D PARK-VIEW SUB 2429 COMMERCE AVE Current Owner:HENKE / BRIAN A & TRUDI R 106.80 40,349.04
H & W
Address:2429 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
LOT BLOCK SUBDIVISION ADDRESS FRONT FOOTAGE SQUARE FOOTAGE FOR AGAINST
8 C PARK-VIEW SUB 2428 COMMERCE AVE Current Owner:WILLIS / RICHARD E & EURDIS L 106.80 18,572.52
10 C PARK-VIEW SUB H & W 106.80 18,572.52
Address:2428 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
16 D PARK-VIEW SUB 2427 COMMERCE AVE
Current Owner:FITZGERALD / DENNY A 106.80 40,349.04
A SINGLE PERSON
Address:2427 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
6 C PARK-VIEW SUB 2426 COMMERCE AVE
Current Owner:RUGE / MELVIN H & ELEANOR A 106.80 18,572.52
H & W
Address:2426 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
14 D PARK-VIEW SUB 2425 COMMERCE AVE
Current Owner:PIRNIE / PATRICIA A & KEITH H 106.80 40,349.04
H & W
Address:2425 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
2 COMMERCE SUB 2424 COMMERCE AVE
Current Owner:SCHWEITZER / RON & ELAINE 80.00 13,912.00
H & W
Address:2424 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
12 D PARK-VIEW SUB 2423 COMMERCE AVE
Current Owner:GUZINSKI / EDWARD D JR & PHYLLIS A 106.80 40,349.04
H & W
Address:1323 W JOHN
City, State:GRAND ISLAND NE
Zipcode:68801-0000
10 D PARK-VIEW SUB 2421 COMMERCE AVE
Current Owner:DEYERMAND / DALE J & ROSALIE 106.80 40,349.04
H & W
Address:2421 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-0000
2 PARK SUBDIVISION 2420 COMMERCE AVE Current Owner:SCHRITT / WILLIAM FRED & ELLEN L 220.55 11,616.52
H & W
Address:2316 PARK DR
City, State:GRAND ISLAND NE
Zipcode:68801-0000
8 D PARK-VIEW SUB 2419 COMMERCE AVE Current Owner:BISHOP / ANDREW A & KRISTEN L 106.80 40,349.04
H & W
Address:2419 COMMERCE AVE
City, State:GRAND ISLAND NE
Zipcode:68801-
17 D PARK-VIEW SUB 2430 PIONEER BLVD Current Owner:KOZISEK / ERNEST L 106.80 40,349.04
A SINGLE PERSON
Address:2430 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-
6 E PARK-VIEW SUB 2429 PIONEER BLVD Current Owner:CHRISTENSEN / CLIFFORD W & KATHERINE 106.80 40,546.63
H & W
Address:2429 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
15 D PARK-VIEW SUB 2428 PIONEER BLVD Current Owner:THELEN / PATRICK L & MARLENE A 106.80 40,349.04
H & W
Address:6313 W 145TH ST
City, State:OVERLAND PARK KS
Zipcode:66223-
5 E PARK-VIEW SUB 2427 PIONEER BLVD Current Owner:KOHLHOF / MICHELLE M 106.80 40,560.71
A SINGLE PERSON
Address:2427 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
13 D PARK-VIEW SUB 2426 PIONEER BLVD Current Owner:LOCKARD / RICKEY L & MICHELLE L 106.80 40,349.04
H & W
Address:2426 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
4 E PARK-VIEW SUB 2425 PIONEER BLVD Current Owner:SCHUETT / GARY L & DE VONNE R 106.80 40,574.80
H & W
Address:2425 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
11 D PARK-VIEW SUB 2424 PIONEER BLVD Current Owner:CATES / MAX & SANDRA 96.80 36,571.04
WEST 96.8'H & W
Address:2424 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
3 E PARK-VIEW SUB 2423 PIONEER BLVD Current Owner:NORMAN / WARREN & DEBORAH 106.80 40,588.88
H & W
Address:2423 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
9 D PARK-VIEW SUB 2422 PIONEER BLVD Current Owner:BOLIN / ANDREW W & FLORA E 106.80 44,127.04
11 D PARK-VIEW SUB TRUSTEES 10.00
EAST 10'Address:2422 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
2 E PARK-VIEW SUB 2421 PIONEER BLVD Current Owner:KRINGS / STEVEN D & ASHLEY M 106.80 40,602.96
H & W
Address:2421 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-
7 D PARK-VIEW SUB 2420 PIONEER BLVD
Current Owner:FREDRICK / DUANE A & DINAH 106.80 40,349.04
H & W
Address:2420 PIONEER BLVD
City, State:GRAND ISLAND NE
Zipcode:68801-0000
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
ORDINANCE NO. 9086
An ordinance creating Water Main District No. 455 in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water
mains in said district; approving plans and specifications and securing bids; assessing the cost of
such improvements; providing for certification to the Register of Deeds; and providing the
effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 455 in the City of Grand Island, Nebraska,
is hereby created for the laying of eight (8.0) inch diameter water mains with its appurtenances
along Commerce Avenue and Pioneer Boulevard in Park-View Subdivision, Commerce
Subdivision and Park Subdivision in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such water main district shall be more
particularly described as follows:
Beginning at the southeast corner of Lot Two (2) Block “E” Park-View
Subdivision; thence westerly along the southerly line of Lot Two (2), Lot Three
? This Space Reserved for Register of Deeds ?
ORDINANCE NO. 9086 (Cont.)
- 2 -
(3), Lot Four (4), Lot Five (5), and Lot Six (6), all of Block “E” said Park-View
Subdivision, a distance of five hundred thirty four (534.0) feet, to the southwest
corner of said Lot Six (6) Block “E”; thence northerly along the westerly line of
said Lot Six (6) Block “E” and Lot Seventeen (17) Block “D” said Park-View
Subdivision and their extension through Pioneer Boulevard, a distance of eight
hundred seventeen and four tenths (817.4) feet, to the northwest corner of said Lot
Seventeen (17) Block “D”; thence westerly along the southerly line of Lot Twenty
(20), Lot Twenty Two (22), Lot Twenty Four (24), Lot Twenty Six (26), Lot
Twenty Eight (28), Lot Thirty (30), Lot Thirty two (32), Lot Thirty Four (34), Lot
Thirty Six (36), and Lot Thirty Eight (38) all of Block “D” said Park-View
Subdivision, a distance of one thousand sixty eight (1,068.0) feet, to the southwest
corner of said Lot Thirty Eight (38) Block “D”; thence northerly along the
westerly line of said Lot Thirty Eight (38) Block “D” and Lot Thirty (30) Block
“C” said Park-View Subdivision and their extension through Commerce Avenue,
a distance of six hundred eleven and seven tenths (611.7) feet, to the northwest
corner of said Lot Thirty (30) Block “C”; thence easterly along the northerly line
of Lot Thirty (30), Lot Twenty Eight (28), Lot Twenty Six (26), Lot Twenty Four
(24), Lot Twenty Two (22), Lot Twenty (20), Lot Eighteen (18), Lot Sixteen (16),
Lot Fourteen (14), Lot Twelve (12), Lot Ten (10), Lot Eight (8), and Lot Six (6)
all of Block “C” said Park-View Subdivision, and the northerly line of Lot Two
(2) Commerce Subdivision, a distance of one thousand three hundred eighty eight
and four tenths (1,388.4) feet, to the northeast corner of said Lot Two (2)
Commerce Subdivision; thence southerly along the easterly line of said Lot Two
(2) Commerce Subdivision, a distance of eighty six and ninety five hundredths
(86.95) feet to the northwest corner of Lot Two (2) Park Subdivision; thence
easterly along the northerly line of said Lot Two (2) Park Subdivision and its
extension through Park Drive, a distance of one hundred sixty three and six tenths
(163.6) feet, to a point on the easterly right-of-way line of said Park Drive; thence
southerly along the easterly right-of-way line of said Park Drive, a distance of
eighty six and ninety five hundredths (86.95) feet to a point on the northerly right-
of-way line of said Commerce Avenue; thence easterly along the northerly right-
of-way line of said Commerce Avenue, a distance of seventy six and fifteen
hundredths (76.15) feet; thence southerly along the easterly line of Lot Eight (8)
and Lot Seven (7) both of Block “D” said Park-View Subdivision and their
extension through said Commerce Avenue and said Pioneer Boulevard, a distance
of eight hundred seventy five and six tenths (875.6) feet, to a point on the
southerly right-of-way line of said Pioneer Boulevard; thence westerly along the
southerly right-of-way line of said Pioneer Boulevard, a distance of one hundred
six and eight tenths (106.8) feet, to the northeast corner of said Lot Two (2) Block
“E” Park-View Subdivision; thence southerly along the easterly line of said Lot
Two (2) Block “E”, a distance of three hundred eighty and twenty four hundredths
(380.24) feet, to the southeast corner of said Lot Two (2) Block “E” being the said
Point Of Beginning.
ORDINANCE NO. 9086 (Cont.)
- 3 -
SECTION 3. Said improvement shall be made in accordance with plans and
specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids
for the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. All improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
law.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, without the plat,
as provided by law.
Enacted November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9090 - Consideration of Creating Sanitary Sewer Connection
District No. 522T; Gravity Main, Force Main, and Lift Station for
the Nebraska Army National Guard Aviation Support Facility
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Consideration of Creating Sanitary Sewer Connection
District No. 522T; Gravity Main, Force Main, and Lift
Station for the Nebraska Army National Guard Aviation
Support Facility
Item #’s: F-3
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is needed to create a sanitary sewer connection district. If created, a notice
will be mailed to all affected property owners and a 30-day protest period allowed. As
part of competing for the Army Aviation Support Facility to be located at the Central
Nebraska Regional Airport, the City agreed to extend sewer lines to the boundary of the
property.
Discussion
The city is making arrangements to provide sanitary sewer service to the Nebraska Army
National Guard Helicopter facility. The district is a connection (tap) district. No tap fees
are being assessed to the helicopter facility. If a Gravity Sanitary Sewer Main is
constructed to serve the development adjacent to the airport runway a tap fee will be due.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the creation of Sanitary Sewer Connection District 522T.
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 create Sanitary Sewer Connection
District 522T.
Sample Motion
Motion to approve the creation of Sanitary Sewer Connection District No. 522T.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
ORDINANCE NO. 9090
An ordinance creating Sanitary Sewer District No. 522T of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
assessment of special taxes for constructing such sewer and collection thereof; and providing for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 522T is hereby created for the
construction of an eight (8.0) inch sanitary sewer main, lift station, force main and appurtenances
thereto from Sky Park Road, northeasterly in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
Commencing at the southwest corner of Section Thirty Six (36), Township
Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska;
thence S88°44’13”E along the southerly line of said Section Thirty Six (36),
Township Twelve (12) North, Range Nine (9) West, a distance of two hundred
twenty feet (220’); thence N1°17’28”W, a distance of five hundred fifty two and
forty-eight hundredths feet (552.48’); thence S88°17’30”W a distance of four
hundred ten and one hundredths feet (410.01’); thence S44º10’13”W, a distance
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9090 (Cont.)
- 2 -
of three thousand eight hundred four and eighty four hundredths (3,804.84) feet;
thence S63º46’20”W, a distance of two thousand six hundred four and sixty one
hundredths (2,604.61) feet to a point on the westerly line of Section Two (2),
Township Eleven (11) North, Range Nine (9) West; thence N1º32’51”W along
the westerly line of said Section Two (2), a distance of four hundred eighty four
and twenty three hundredths (484.23) feet; thence N63º46’20”E, a distance of two
thousand three hundred twenty six and forty five hundredths (2,326.45) feet;
thence N44º10’13”E, a distance of three thousand six hundred sixty two and
eighty eight hundredths (3,662.88) feet; thence N88º17’20”E, a distance of seven
hundred sixty six and two hundredths (766.02) feet; thence S1º15’47”E, a
distance of two hundred seventy (270.0) feet; thence S88°44’13”W parallel with
the southerly line of said Section Thirty Six (36), a distance of two hundred
twenty (220.0) feet to the said Point of Beginning.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the cost thereof, and
submit the same to the City Council, and thereafter, bids for the construction of such sanitary
sewer shall be taken and contracts entered into in the manner provided by law.
SECTION 4. All improvements shall be made at public cost, but the cost thereof
shall be assessed upon the lots and lands in the district specially benefited thereby as provided by
law.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
ORDINANCE NO. 9090 (Cont.)
- 3 -
Enacted: November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9091 - Consideration of Assessments for Sanitary Sewer Districts
519; Lots 10 through 21 of Westwood Park Second Subdivision
This item relates to the aforementioned Board of Equalization D-1.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
ORDINANCE NO. 9091
An ordinance assessing and leyving a special tax to pay the cost of construction of
Sanitary Sewer District No. 519 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 519, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
David L. & Kathleen A. Goosic Lot 10, Westwood Park Second Subdivision $13,994.94
William T. & Jacqueline R. Foster Lot 11, Westwood Park Second Subdivision $13,994.94
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9091 (Cont.)
- 2 -
Jerry D. & Sharon L. Conroy Lot 12, Westwood Park Second Subdivision $13,994.94
Jason C. & Gayle D. Bonnes Lot 13, Westwood Park Second Subdivision $13,994.94
David S. & Julie L. Sackschewsky Lot 14, Westwood Park Second Subdivision $13,994.94
Robert A. & Nancy C. Arends Lot 15, Westwood Park Second Subdivision $13,994.94
Terry L. & Kristine K. Fegter Lot 16, Westwood Park Second Subdivision $13,994.94
Bryan L. & Jean M. Taylor Lot 17, Westwood Park Second Subdivision $13,994.94
Leon A. Milan Lot 18, Westwood Park Second Subdivision $13,994.94
Gary L. & Irene D. Pearce Lot 19, Westwood Park Second Subdivision $13,994.94
Rosalie J. Zlomke Lot 20, Westwood Park Second Subdivision $13,994.94
Duane E. & Kimberli K. Coates Lot 21, Westwood Park Second Subdivision $13,994.96
TOTAL $167,939.30
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,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 519.
ORDINANCE NO. 9091 (Cont.)
- 3 -
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: November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F5
#9092 - Consideration of Assessments for Sanitary Sewer Districts
521; Lot 9 of Westwood Park Second Subdivision
This item relates to the aforementioned Board of Equalization D-2.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
ORDINANCE NO. 9092
An ordinance assessing and leyving a special tax to pay the cost of construction of
Sanitary Sewer District No. 521 of the City of Grand Island, Nebraska; providing for the
collection of such special tax; repealing any provisions of the Grand Island City Code,
ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts
and parcels of land specially benefited, for the purpose of paying the cost of construction of said
sanitary sewer main in said Sanitary Sewer District No. 521, as adjudged by the Mayor and
Council of the City, to the extent of benefits thereto by reason of such improvement, after due
notice having been given thereof as provided by law; and a special tax for such cost of
construction is hereby levied at one time upon such lots, tracts and land as follows:
Name Description Assessment
Douglas C. & Betty E. Bryant Lot 9, Westwood Park Second Subdivision $13,994.94
TOTAL $13,994.94
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9092 (Cont.)
- 2 -
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,
except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time
of such levy until they shall become delinquent. After the same become delinquent, interest at
the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected
and paid.
SECTION 3. The treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the “Sewer Extension Fund” for Sanitary Sewer District No. 521.
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.
ORDINANCE NO. 9092 (Cont.)
- 3 -
Enacted: November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F6
#9093 - Consideration of Vacating a Portion of James Road Right-
of-Way South of Rae Road
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: November 28, 2006
Subject: Consideration of Vacating a Portion of James Road Right-
of-Way South of Rae Road
Item #’s: F-6
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is required for vacation of Right-of-Way through the passing of an ordinance.
Discussion
James Road south of Rae Road is being shifted west with the development of Ponderosa
Village Subdivision. The portion of James Road, shown on the attached sketch, should be
vacated to allow for the shift.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve the ordinance vacating the Right-of-Way.
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 Ordinance for the vacation of
the Right-of-Way.
Sample Motion
Motion to approve the vacation of the Right-of-Way.
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
ORDINANCE NO. 9093
An ordinance to vacate a portion of an existing right of way and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; 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 a portion of an existing right of way of James Road located in
the Southeast Quarter (SE1/4) of Section 36, Township 11 North, Range 10 West of the 6th p.m.
in the City of Grand Island, Hall County, Nebraska, more particularly described as follows:
Commencing at the Northeast Corner of said SE1/4; thence on an assumed
bearing of S88°06'48"W along the north line of said SE1/4 of Section 36 a
distance of 118.70 feet to the point of intersection of said North Line and the West
right-of-way (R.O.W.) line of U.S. highway #281; thence S01°28'17"E upon and
along said West R.O.W. line a distance of 40.04 feet; thence S01°28'45"E a
distance of 9.96 feet to the point of intersection of said West R.O.W. line and the
South R.O.W. line of Rae Road; thence S88°06'48"W along said South R.O.W.
line a distance of 199.86 feet to the point of intersection of said south R.O.W. line
and the East R.O.W. Line of James Road, said point also being the point of
beginning; thence S01°52'36"E upon and along said East R.O.W. line a distance
of 40.03 feet to a point of curvature; thence around a curve in a counter clockwise
direction having a delta angle of 23°28'29", a arc length of 69.65 feet, a radius of
170.00 feet and a chord bearing S13°34'55"E for a distance of 69.16 feet to a
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9093
- 2 -
point of continued curvature; thence around a curve in a counter clockwise
direction having a delta angle of 26°30'55", a arc length of 78.67 feet, a radius of
170.00 feet and a chord bearing S38°40'49"E for a distance of 77.97 feet; thence
S51°53'59"E a distance of 26.39 feet; thence departing said East R.O.W. line
S41°38'10"W a distance of 60.14 feet to a point on the West R.O.W. line of James
Road; thence N51°54'40"W upon and along said West R.O.W. line a distance of
22.64 feet to a point of curvature; thence around a curve in a clockwise direction
having a delta angle of 29°47'37", a arc length of 119.60 feet, a radius of 230.00
feet and a chord bearing N37°00'08"W for a distance of 118.26 feet to a point of
continued curvature; thence around a curve in a clockwise direction having a delta
angle of 20°13'40", a arc length of 81.20 feet, a radius of 230.00 feet and a chord
bearing N11°51'01"W for a distance of 80.78 feet; thence N02°04'52"W a
distance of 39.93 feet to the point of intersection of said West R.O.W. line and the
South R.O.W. line of Rae Road; thence departing said West R.O.W. line
N88°06'48"E a distance of 59.97 feet to the point of beginning. said public road
right of way contains 14,331 square feet or 0.33 acres more or less.
is hereby vacated. Such right-of-way to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. This ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F7
#9094 - Consideration of Amending Chapter 4 of the Grand Island
City Code Relative to Alcoholic Beverages
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, Interim City Attorney
Meeting: November 28, 2006
Subject: Revisions to Grand Island City Code
Chapter 4 – Alcoholic Beverages
Item #’s: F-7
Presenter(s): Dale M. Shotkoski, Interim City Attorney
Gary D. Greer, City Administrator
RaNae Edwards, City Clerk
Background
One of the goals set this year by Administration, the Mayor and City Council was to
revise and update the Grand Island City Code. As the effort to update the code is
continued, meetings were held to review and discuss changes to Chapter 4, Alcoholic
Beverages.
In order to provide a backdrop to the discussion, a summary history of liquor regulations,
a listing of liquor license classes, and the current Chapter 4 is included.
Discussion
The City Code Revision Committee, along with the City Administrator, Chief of Police
and the Building Department Director have met to discuss Chapter 4 of the Grand Island
City Code. Possible revisions to Chapter 4 – Alcoholic Beverages, are as follows:
· Section 4-1. Definitions. Current definitions in Section 4-1 would be replaced
with definitions of the State Statutes of Nebraska, which would allow the City of
Grand Island to be in conformity with state statutes.
· Section 4-6. Liquor Application Procedure. The language in Section 4-6
pertaining to the specifics of the order of the proceedings has been simplified to
conform with state statute.
· Section 4-7. Applications for Liquor Licenses. The language in Section 4-7
would be replaced with language contained in Section 53-131.01 of the Revised
Statutes of Nebraska. Again, this would allow the city to be in conformity with
state statutes. Also added to Section 4-7 is paragraph (H), wherein it is stated that
the license shall not be issued until approval of all inspections has been met.
· Section 4-8. Grounds for Revocation. Section 4-8 would be amended to include
not only possible revocation, but also cancellation. Also included in this section is
paragraph (G), which allows for revocation or cancellation when successive
violations occur.
Section 4-9, Hours of Operation, is proposed as:
· Section 4-9. Hours of Operation
(A) No alcoholic liquor, including beer, shall be sold at retail or
dispensed on any day between the hours of 1:00 a.m. and 6:00 a.m.
(B) No alcoholic liquor, including beer, shall be sold at retail or
dispensed between the hours of 6:00 a.m. and 12:00 noon on Sunday.
(C) Alcoholic liquor, including beer, may be sold at retail and
dispensed from 12:00 noon on Sunday until 1:00 a.m. the following
Monday.
Section 4-20 – Minors Not Permitted after 9:00 p.m.. The current city code regarding
minors being given access to liquor establishments is as follows:
“It shall be unlawful for any licensed retailer or his, her, or its agent or
employee to suffer or permit any minor to be or remain in any room or
compartment of such licensed premises where alcoholic liquor is being
sold or consumed after 9 p.m. of any day; provided, that this section shall
not apply to any minor who is accompanied by his or her parent or adult
guardian, or to any licensed premises which derives its principal business
from the sale of services or other commodities other than alcoholic
liquor.”
Project Extra Mile submitted a request to amend Section 4-20 of the city code and
presented their position to the City Council at the study session on November 21, 2006.
During the study session, it was requested by a council member that the Project Extra
Mile language be presented for council to possibly vote on at its meeting. The language
that Project Extra Mile is requesting for 4-20 is:
“It shall be unlawful for any licensed retailer or his, her, or its agent or employee
to suffer or permit any minor to be or remain in any room or compartment of such
licensed premises after 9:00 p.m. of any day; provided, that this section shall not
apply to any licensed premises which derives sixty percent (60%) or more of its
principal business from the sale of services or other commodities other than
alcoholic liquor.”
The current code section is in the ordinance for the packet purposes. If council wishes to
amend Section 4-20 to the Project Extra Mile language, a motion to do so would be in
order.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the revisions to Chapter 4 of the Grand Island City Code.
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 approved the recommended revisions
to Chapter 4 of the Grand Island City Code.
Sample Motion
Motion to approve the amendments to Chapter 4 – Alcohol, of the Grand Island City
Code.
Page 4-1
CHAPTER 4
ALCOHOLIC BEVERAGES
§4-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted,
whatever the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous
form. Alcohol does not include denatured alcohol or wood alcohol;
Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or
other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors and such
liquors when rectified, blended, or otherwise mixed with alcohol or other substances;
Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits
or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or
spirits;
Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley
or other grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter,
and near beer;
Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not,
containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being.
Alcoholic liquor also includes confections or candy with alcohol content of more than one-half of one
percent alcohol. The act does not apply to (a) alcohol used in the manufacture of denatured alcohol
produced in accordance with acts of Congress and regulations adopted and promulgated pursuant to such
acts, (b) flavoring extracts, syrups, medicinal, mechanical, scientific, culinary, or toilet preparations, or
food products unfit for beverage purposes, but the act applies to alcoholic liquor used in the manufacture,
preparation, or compounding of such products or confections or candy that contains more than one-half of
one percent alcohol, or (c) wine intended for use and used by any church or religious organization for
sacramental purposes;
Near beer means beer containing less than one-half of one percent of alcohol by volume;
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle
or container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain
and to convey any alcoholic liquor;
Manufacturer means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor,
bottler, or person who fills or refills an original package and others engaged in brewing, fermenting,
distilling, rectifying, or bottling alcoholic liquor, including a wholly owned affiliate or duly authorized
agent for a manufacturer;
Nonbeverage user means every manufacturer of any of the products set forth and described in
subsection (4) of section 53-160, when such product contains alcoholic liquor, and all laboratories,
hospitals, and sanatoria using alcoholic liquor for nonbeverage purposes;
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or
fill an original package with any alcoholic liquor and includes blending but does not include the mixing or
other preparation of drinks for serving by those persons authorized and permitted in the act to serve drinks
for consumption on the premises where sold;
Wholesaler means a person importing or causing to be imported into the state or purchasing or
causing to be purchased within the state alcoholic liquor for sale or resale to retailers licensed under the act,
whether the business of the wholesaler is conducted under the terms of a franchise or any other form of an
Grand Island City Code, 2002 Edition
Page 4-2
agreement with a manufacturer or manufacturers, or who has caused alcoholic liquor to be imported into
the state or purchased in the state from a manufacturer or manufacturers and was licensed to conduct such a
business by the Nebraska State Liquor Control Commission on May 1, 1970, or has been so licensed since
that date. Wholesaler does not include any retailer licensed to sell alcoholic liquor for consumption off the
premises who sells alcoholic liquor other than beer or wine to another retailer pursuant to Neb. Rev. Stat.
§53-175, except that any such retailer shall obtain the required federal wholesaler's basic permit and federal
wholesale liquor dealer's special tax stamp. Wholesaler includes a distributor, distributorship, and jobber;
Person means any natural person, trustee, corporation, partnership, or limited liability company;
Retailer means a person who sells or offers for sale alcoholic liquor for use or consumption and
not for resale in any form except as provided in Neb. Rev. Stat. § 53-175;
Sell at retail and sale at retail means sale for use or consumption and not for resale in any form
except as provided in Neb. Rev. Stat. § 53-175;
Commission means the Nebraska Liquor Control Commission;
Sale means any transfer, exchange, or barter in any manner or by any means for a consideration
and includes any sale made by any person, whether principal, proprietor, agent, servant, or employee;
To sell means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to
sell;
Restaurant means any public place (a) which is kept, used, maintained, advertised, and held out to
the public as a place where meals are served and where meals are actually and regularly served, (b) which
has no sleeping accommodations, and (c) which has adequate and sanitary kitchen and dining room
equipment and capacity and a sufficient number and kind of employees to prepare, cook, and serve suitable
food for its guests;
Club means a corporation (a) which is organized under the laws of this state, not for pecuniary
profit, solely for the promotion of some common object other than the sale or consumption of alcoholic
liquor, (b) which is kept, used, and maintained by its members through the payment of annual dues, (c)
which owns, hires, or leases a building or space in a building suitable and adequate for the reasonable and
comfortable use and accommodation of its members and their guests, and (d) which has suitable and
adequate kitchen and dining room space and equipment and a sufficient number of servants and employees
for cooking, preparing, and serving food and meals for its members and their guests. The affairs and
management of such club shall be conducted by a board of directors, executive committee, or similar body
chosen by the members at their annual meeting, and no member, officer, agent, or employee of the club
shall be paid or shall directly or indirectly receive, in the form of salary or other compensation, any profits
from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests
introduced by members other than any salary fixed and voted at any annual meeting by the members or by
the governing body of the club out of the general revenue of the club;
Hotel means any building or other structure (a) which is kept, used, maintained, advertised, and
held out to the public to be a place where food is actually served and consumed and sleeping
accommodations are offered for adequate pay to travelers and guests, whether transient, permanent, or
residential, (b) in which twenty-five or more rooms are used for the sleeping accommodations of such
guests, and (c) which has one or more public dining rooms where meals are served to such guests, such
sleeping accommodations and dining rooms being conducted in the same buildings in connection therewith
and such building or buildings or structure or structures being provided with adequate and sanitary kitchen
and dining room equipment and capacity;
Nonprofit corporation means any corporation organized under the laws of this state, not for profit,
which has been exempted from the payment of federal income taxes;
Minor means any person, male or female, under twenty-one years of age, regardless of marital
status;
Brand means alcoholic liquor identified as the product of a specific manufacturer;
Chapter 4 ? Alcoholic Beverages
Page 4-3
Franchise or agreement, with reference to the relationship between a manufacturer and
wholesaler, includes one or more of the following: (a) A commercial relationship of a definite duration or
continuing indefinite duration which is not required to be in writing; (b) a relationship by which the
wholesaler is granted the right to offer and sell the manufacturer's brands by the manufacturer; (c) a
relationship by which the franchise, as an independent business, constitutes a component of the
manufacturer's distribution system; (d) a relationship by which the operation of the wholesaler's business is
substantially associated with the manufacturer's brand, advertising, or other commercial symbol designating
the manufacturer; and (e) a relationship by which the operation of the wholesaler's business is substantially
reliant on the manufacturer for the continued supply of beer;
Territory or sales territory means the wholesaler's area of sales responsibility for the brand or
brands of the manufacturer;
Suspend means to cause a temporary interruption of all rights and privileges of a license;
Cancel means to discontinue all rights and privileges of a license;
Revoke means to permanently void and recall all rights and privileges of a license;
Generic label means a label which is not protected by a registered trademark, either in whole or in
part, or to which no person has acquired a right pursuant to state or federal statutory or common law;
Private label means a label which the purchasing wholesaler or retailer has protected, in whole or
in part, by a trademark registration or which the purchasing wholesaler or retailer has otherwise protected
pursuant to state or federal statutory or common law;
Brewpub means any restaurant or hotel which produces on its premises a maximum of ten
thousand barrels of beer per year;
Manager means a person appointed by a corporation to oversee the daily operation of the business
licensed in Nebraska. A manager shall meet all the requirements of the act as though he or she were the
applicant, except for residency and citizenship;
Shipping license means a license granted pursuant to section 53-123.15 of the Revised Statutes of
Nebraska;
Sampling means consumption on the premises of a retail licensee of not more than five samples of
one fluid ounce or less of alcoholic liquor by the same person in a twenty-four-hour period;
Microbrewery means any small brewery producing a maximum of ten thousand barrels of beer per
year;
Craft brewery means a brewpub or a microbrewery;
Local governing body means (a) the city council of the City of Grand Island; and
Consume means knowingly and intentionally drinking or otherwise ingesting alcoholic liquor.
§4-2. Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting and administering
the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic liquor to the
public in general and to minors in particular promotes the public health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control
and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are operated is such
that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and
the occurrence of alcohol-related crimes and offenses is kept to a minimum.
§4-3. Liquor Application; Standards
The city council shall consider the licensing standards and criteria at the hearing and evaluate any
applicant for a retail alcoholic liquor license, whether for a new license, a renewal of an existing license, or
Grand Island City Code, 2002 Edition
Page 4-4
a modification of an existing license, for the purpose of formulating a final order from the governing body
to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act.
§4-4. Applicant to Appear Personally at Hearing
It shall be the duty of every applicant for an alcoholic liquor license, whose application is pending
before the council, to appear before the council personally (if a partnership, at least one of the partners; and
if a corporation, at least one managing officer thereof) on the date of the hearing upon the propriety of
granting or recommending such license, provided for by §53-134, R.R.S. 1943, of said Liquor Control Act,
to answer such questions as may be asked him or her in determining the facts required by law and this
chapter, concerning the propriety of granting such license, and a failure to so appear without reasonable
excuse, shall be grounds for denying such application. Such applicant may at said hearing present evidence,
other than his or her own testimony, which shall be considered by the council in determining the propriety
of recommending approval of such license. In adopting any recommendation for approval of such license,
the council may require certain conditions to be effected to ensure that the applicant performs in
conformance with applicant's representations and to protect the public health, safety, and welfare.
§4-5. Notice
Notice of a hearing held pursuant to Neb. Rev. Stat. §53-134 shall be given to the applicant by the
city clerk and shall contain the date, time, and location of the hearing. Two or more proceedings which are
legally or factually related may be heard and considered together unless any party thereto makes a showing
sufficient to satisfy the council that prejudice would result therefrom.
§4-6. Liquor Application Procedure
The hearing will be informal and conducted by the Mayor. The hearing shall be held for the
purpose of inquiring into the facts and shall not be an adversary action. Each witness may present
testimony in narrative fashion or by question and answer.
The governing body or the applicant may order the hearing to be recorded by an official court
reporter or by the Clerk, at the expense of the applicant.
The governing body and its representatives shall not be bound by the strict rules of evidence, and
shall have full authority to control the procedures of the hearing including the admission or exclusion or
testimony or other evidence. The governing body may admit and give consideration to evidence which
possesses probative value commonly accepted by reasonably prudent individuals. The Mayor may limit
testimony where it appears to be incompetent, irrelevant, or unduly repetitious. If there is opposition to any
application and such opposition desires the opportunity to present arguments and to cross-examine the
applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform such
function who shall notify the Mayor of his/her representation prior to the start of the hearing.
§4-7. Applications for Liquor Licenses
In order to assist the council in determining the general fitness of an applicant for a retail liquor
license, and the character and reputation of the applicant in the community, the applicant shall provide the
city clerk at least ten days before the council hearing on the application the following information:
The application for a new license shall be submitted upon such forms as the commission may
prescribe. Such forms shall contain:
(A) The name and residence of the applicant and how long he or she has resided within
the State of Nebraska.
(B) The particular premises for which a license is desired designating the same by street
and number if practicable or, if not, by such other description as definitely locates the premises.
Chapter 4 ? Alcoholic Beverages
Page 4-5
(C) The name of the owner of the premises upon which the business licensed is to be
carried on.
(D) A statement that the applicant is a citizen of the United States, that the applicant and
the spouse of the applicant are not less than twenty-one years of age, and that such applicant has
never been convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws
governing the sale of alcoholic liquor or the law for the prevention of gambling in the State of
Nebraska, except that a manager for a corporation applying for a license shall qualify with all
provisions of this subdivision as though the manager were the applicant, except that the provisions
of this subdivision shall not apply to the spouse of a manager-applicant.
(E) A statement that the applicant intends to carry on the business authorized by the
license for himself or herself and not as the agent of any other persons and that if licensed he or
she will carry on such business for himself or herself and not as the agent for any other person.
(F) A statement that the applicant intends to superintend in person the management of
the business licensed and that if so licensed he or she will superintend in person the management
of the business, and
(G) Such other information as the Nebraska Liquor Control Commission may from time
to time direct. The applicant shall also submit two legible sets of fingerprints to be furnished to the
Federal Bureau of Investigation through the Nebraska State Patrol for a national criminal history
record check and the fee for such record check payable to the patrol.
(H) No license for the retail sale of alcoholic liquor for consumption on the premises
shall be recommended for approval until the Building Department, Fire Department and Police
Department have completed inspections and have certified that the premises meets all Building
and Life Safety Codes. If a license is recommended for approval pending final inspections, the
City Clerk shall not issue the license until such time as all inspections have been complete fro full
compliance.
The application shall be verified by the affidavit of the petition made before a notary public or
other person duly authorized by law to administer oaths. If any false statement is made in any part of such
application, the applicant or applicants shall be deemed guilty of perjury and upon conviction thereof, the
license shall be revoked and the applicant subjected to the penalties provided by law for that crime.
§4-7.1. Special Designated Liquor Licenses
All applications for a special designated liquor license shall be reviewed administratively, and
approved or denied, in accordance with established criteria adopted by the City of Grand Island. Any
applicant denied a special designated liquor license based on the adopted criteria may request that such
application be heard by the City Council.
§4-8. Grounds for Revocation or Cancellation A retail license to sell alcoholic liquors, which this council is legally empowered to revoke, may
be revoked by the city council whenever it shall find, after notice and hearing as provided by law, that the
holder of any such license has violated any of the provisions of said Nebraska Liquor Control Act, or of
this chapter, or rule or regulation of the Nebraska Liquor Control Commission; or any statutory provision
or ordinance of the City now existing or hereafter passed, enacted in the interest of good morals and
decency; or for any one or more of the following causes:
(A) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted
of or has pled guilty to a felony under the laws of the State of Nebraska, or of any other state of the
United States.
(B) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted
of or has pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of
pandering or other crime or misdemeanor opposed to decency and morality.
Grand Island City Code, 2002 Edition
Page 4-6
(C) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted
of or pled guilty to violation of any federal or state law concerning the manufacture, possession, or sale
of alcoholic liquors.
(D) That the licensee either swore falsely to any question in his/her application for said license, or
has failed to comply with the statements and representations made by the answer to any question or
questions in said application; or has failed to perform in accordance with any other statement or
representation, or keep any promise, oral or written, made to the council, in connection with such
licensee's request for said license.
(E) The licensee, his/her manager or agent in charge of the premises licensed, shall have forfeited
bond to appear in court to answer charges for any one of the violations of law or ordinances referred to
in this section.
(F) It shall be cause for revocation as herein provided if the licensee, his/her manager or agent,
shall allow any live person to appear, or have reasonable cause to believe that any live person shall
appear in any licensed premises in a state of nudity, to provide entertainment, to provide service, to act
as hostess, manager or owner, or to serve as an employee in any capacity. For the purposes of this
subsection, the term "nudity" shall mean the showing of the human male or female genitals, pubic area
or buttocks, or the human female breast including the nipple or any portion below the nipple with less
than a full opaque covering.
(G) It shall be cause for revocation when a licensee, his/her manager or agent in charge of the
premises has successive violations that meet the Nebraska Liquor Control Commission standard of
violation, the City Council may revoke or cancel the liquor license.
§4-9. Hours of Operation; Retail Establishment
(A) No alcoholic liquor, including beer, shall be sold at retail or dis pensed on any day between
the hours of 1:00 a.m. and 6:00 a.m.
(B) No alcoholic liquor, including beer, shall be sold at retail or dispensed between the hours of
6:00 a.m. and 12:00 noon on Sunday.
(C) Alcoholic liquor, including beer, may be sold at retail and dispensed from 12:00 noon on
Sunday until 1:00 a.m. the following Monday.
§4-10. Reserved
§4-11. Reserved
§4-12. Reserved
§4-13. Reserved
§4-14. Reserved
§4-15. Occupation Tax; Amounts
(A) For the purpose of raising revenue, there is hereby levied upon distributors, retailers, and
nonbeverage users of alcoholic liquor in the City of Grand Island an annual occupation tax in accordance
with the City of Grand Island Fee Schedule. No reduction in occupation tax except as hereinabove stated
shall be made regardless of the time when the application for license is made, or the license is issued. Such
occupation tax, or any part of it, shall not be refunded for any cause.
(B) All occupation taxes levied pursuant to section (A) above, shall be due and payable within
thirty days of the date of the renewal of the licensee's state liquor license.
§4-16. Delivery by Distributor on Sunday
It shall be unlawful for any licensed distributor or wholesaler of beer to deliver such beverage to
any retailers of the same in the city on the first day of the week, commonly called Sunday.
Chapter 4 ? Alcoholic Beverages
Page 4-7
§4-17. Licensed Premises; Lights Required
All rooms where alcoholic liquors are sold shall be continuously lighted during business hours by
natural or artificial light.
§4-18. Consumption in Public Places
It shall be unlawful for any person to consume alcoholic liquors within the city in the public
streets, alleys, roads or highways, or upon property owned by the state or any governmental subdivision
thereof, or inside vehicles while upon the public streets, alleys, roads, or highways, in any dance hall,
restaurant, cafe, club, or any place open to the general public except as permitted by a license issued to
such premises. It shall be unlawful for any person owning, operating, managing or conducting any dance
hall, restaurant, cafe, club, or any place open to the general public to permit or allow any person to
consume alcoholic liquor upon the premises, except as permitted by a license issued to such premises.
§4-19. Possession in Parks Prohibited
It shall be unlawful for any person to have in his /her possession or physical control any alcoholic
liquors upon any of the property belonging to the City designated as a city park or playground.
§4-20. Minors Not Permitted After 9 P.M.
It shall be unlawful for any licensed retailer or his, her, or its agent or employee to suffer or permit
any minor to be or remain in any room or compartment of such licensed premises where alcoholic liquor is
being sold or consumed after 9 p.m. of any day; provided, that this section shall not apply to any minor who
is accompanied by his or her parent or adult guardian, or to any licensed premises which derives its
principal business from the sale of services or other commodities other than alcoholic liquor.
§4-21. Violations; Liability of Licensee
Any act or the omission of any act constituting a violation of any of the provisions of this chapter
by any officer, director, manager, or other agent or employee of any licensee under the Nebraska Liquor
Control Act, if such act is committed or such omission is made with the authorization, knowledge, or
approval of such licensee, shall be deemed and held to be the act of such employer or licensee, and such
employer or licensee shall be punishable in the same manner as if such act or omission had been done or
omitted by him personally.
§4-22. Right of Entry of Officers
All police officers of the city are authorized to enter at any time upon the premises of any license
under the Nebraska Liquor Control Act within the City to determine whether or not any of the provisions of
such Act or of this chapter, or any rules or regulations adopted by the City or by the Nebraska Liquor
Control Commission have been or are being violated and at such time to examine sufficiently such
premises of such licensee in connection therewith.
§4-23. Unlawful Presence in Establishments
It shall be unlawful for any person to be present in any establishment where alcoholic liquors are
sold or dispensed at any time during which sales of alcoholic liquors are prohibited by the foregoing
sections; provided, that a person may be present in such an establishment for only fifteen minutes after the
time required for cessation of sales of alcoholic liquors set out in prior §4-9 to allow the person present in
the establishment at closing time to leave the premises; provided further, that the word "person" shall not
include the owner or operator or his/her agent or employee when actually engaged in cleanup or custodial
work. This section shall not apply to restaurants which are open for business.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
ORDINANCE NO. 9094
An ordinance to amend Chapter 4 of the Grand Island City Code; to amend
Section 4-1 pertaining to definitions; to amend Section 4-6 pertaining to the liquor application
procedure; to amend Section 4-7 pertaining to applications for liquor license; to amend Section
4-8 pertaining to grounds for revocation; Section 4-9, pertaining to hours of operation, to repeal
Sections 4-1, 4-6, 4-7, 4-8 and 4-9 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 4-1 of the Grand Island City Code is hereby amended to
read as follows:
§4-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Alcohol means the product of distillation of any fermented liquid, whether rectified or diluted, whatever
the origin thereof, and includes synthetic ethyl alcohol and alcohol processed or sold in a gaseous form. Alcohol
does not include denatured alcohol or wood alcohol;
Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other
substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors and such liquors when
rectified, blended, or otherwise mixed with alcohol or other substances;
Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or
vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits;
Beer means a beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other
grain, malt, and hops in water and includes, but is not limited to, beer, ale, stout, lager beer, porter, and near beer;
Alcoholic liquor includes alcohol, spirits, wine, beer, and any liquid or solid, patented or not, containing
alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. Alcoholic liquor also
includes confections or candy with alcohol content of more than one-half of one percent alcohol. The act does not
apply to (a) alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and
regulations adopted and promulgated pursuant to such acts, (b) flavoring extracts, syrups, medicinal, mechanical,
scientific, culinary, or toilet preparations, or food products unfit for beverage purposes, but the act applies to
alcoholic liquor used in the manufacture, preparation, or compounding of such products or confections or candy that
contains more than one-half of one percent alcohol, or (c) wine intended for use and used by any church or religious
organization for sacramental purposes;
Near beer means beer containing less than one-half of one percent of alcohol by volume;
Original package means any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or
container used, corked or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and to
convey any alcoholic liquor;
Manufacturer means every brewer, fermenter, distiller, rectifier, winemaker, blender, processor, bottler, or
person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying, or
bottling alcoholic liquor, including a wholly owned affiliate or duly authorized agent for a manufacturer;
ORDINANCE NO. 9094 (Cont.)
- 2 -
Nonbeverage user means every manufacturer of any of the products set forth and described in subsection
(4) of section 53-160, when such product contains alcoholic liquor, and all laboratories, hospitals, and sanatoria
using alcoholic liquor for nonbeverage purposes;
Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle, or fill an
original package with any alcoholic liquor and includes blending but does not include the mixing or other
preparation of drinks for serving by those persons authorized and permitted in the act to serve drinks for
consumption on the premises where sold;
Wholesaler means a person importing or causing to be imported into the state or purchasing or causing to
be purchased within the state alcoholic liquor for sale or resale to retailers licensed under the act, whether the
business of the wholesaler is conducted under the terms of a franchise or any other form of an agreement with a
manufacturer or manufacturers, or who has caused alcoholic liquor to be imported into the state or purchased in the
state from a manufacturer or manufacturers and was licensed to conduct such a business by the Nebraska State
Liquor Control Commission on May 1, 1970, or has been so licensed since that date. Wholesaler does not include
any retailer licensed to sell alcoholic liquor for consumption off the premises who sells alcoholic liquor other than
beer or wine to another retailer pursuant to Neb. Rev. Stat. §53-175, except that any such retailer shall obtain the
required federal wholesaler's basic permit and federal wholesale liquor dealer's special tax stamp. Wholesaler
includes a distributor, distributorship, and jobber;
Person means any natural person, trustee, corporation, partnership, or limited liability company;
Retailer means a person who sells or offers for sale alcoholic liquor for use or consumption and not for
resale in any form except as provided in Neb. Rev. Stat. § 53-175;
Sell at retail and sale at retail means sale for use or consumption and not for resale in any form except as
provided in Neb. Rev. Stat. § 53-175;
Commission means the Nebraska Liquor Control Commission;
Sale means any transfer, exchange, or barter in any manner or by any means for a consideration and
includes any sale made by any person, whether principal, proprietor, agent, servant, or employee;
To sell means to solicit or receive an order for, to keep or expose for sale, or to keep with intent to sell;
Restaurant means any public place (a) which is kept, used, maintained, advertised, and held out to the
public as a place where meals are served and where meals are actually and regularly served, (b) which has no
sleeping accommodations, and (c) which has adequate and sanitary kitchen and dining room equipment and capacity
and a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests;
Club means a corporation (a) which is organized under the laws of this state, not for pecuniary profit, solely
for the promotion of some common object other than the sale or consumption of alcoholic liquor, (b) which is kept,
used, and maintained by its members through the payment of annual dues, (c) which owns, hires, or leases a building
or space in a building suitable and adequate for the reasonable and comfortable use and accommodation of its
members and their guests, and (d) which has suitable and adequate kitchen and dining room space and equipment
and a sufficient number of servants and employees for cooking, preparing, and serving food and meals for its
members and their guests. The affairs and management of such club shall be conducted by a board of directors,
executive committee, or similar body chosen by the members at their annual meeting, and no member, officer,
agent, or employee of the club shall be paid or shall directly or indirectly receive, in the form of salary or other
compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or
its guests introduced by members other than any salary fixed and voted at any annual meeting by the members or by
the governing body of the club out of the general revenue of the club;
Hotel means any building or other structure (a) which is kept, used, maintained, advertised, and held out to
the public to be a place where food is actually served and consumed and sleeping accommodations are offered for
adequate pay to travelers and guests, whether transient, permanent, or residential, (b) in which twenty-five or more
rooms are used for the sleeping accommodations of such guests, and (c) which has one or more public dining rooms
where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the
same buildings in connection therewith and such building or buildings or structure or structures being provided with
adequate and sanitary kitchen and dining room equipment and capacity;
Nonprofit corporation means any corporation organized under the laws of this state, not for profit, which
has been exempted from the payment of federal income taxes;
Minor means any person, male or fema le, under twenty-one years of age, regardless of marital status;
Brand means alcoholic liquor identified as the product of a specific manufacturer;
ORDINANCE NO. 9094 (Cont.)
- 3 -
Franchise or agreement, with reference to the relationship between a manufacturer and wholesaler,
includes one or more of the following: (a) A commercial relationship of a definite duration or continuing indefinite
duration which is not required to be in writing; (b) a relationship by which the wholesaler is granted the right to offer
and sell the manufacturer's brands by the manufacturer; (c) a relationship by which the franchise, as an independent
business, constitutes a component of the manufacturer's distribution system; (d) a relationship by which the
operation of the wholesaler's business is substantially associated with the manufacturer's brand, advertising, or other
commercial symbol designating the manufacturer; and (e) a relationship by which the operation of the wholesaler's
business is substantially reliant on the manufacturer for the continued supply of beer;
Territory or sales territory means the wholesaler's area of sales responsibility for the brand or brands of the
manufacturer;
Suspend means to cause a temporary interruption of all rights and privileges of a license;
Cancel means to discontinue all rights and privileges of a license;
Revoke means to permanently void and recall all rights and privileges of a license;
Generic label means a label which is not protected by a registered trademark, either in whole or in part, or
to which no person has acquired a right pursuant to state or federal statutory or common law;
Private label means a label which the purchasing wholesaler or retailer has protected, in whole or in part,
by a trademark registration or which the purchasing wholesaler or retailer has otherwise protected pursuant to state
or federal statutory or common law;
Brewpub means any restaurant or hotel which produces on its premises a maximum of ten thousand barrels
of beer per year;
Manager means a person appointed by a corporation to oversee the daily operation of the business licensed
in Nebraska. A manager shall meet all the requirements of the act as though he or she were the applicant, except for
residency and citizenship;
Shipping license means a license granted pursuant to section 53-123.15 of the Revised Statutes of
Nebraska;
Sampling means consumption on the premises of a retail licensee of not more than five samples of one fluid
ounce or less of alcoholic liquor by the same person in a twenty-four-hour period;
Microbrewery means any small brewery producing a maximum of ten thousand barrels of beer per year;
Craft brewery means a brewpub or a microbrewery;
Local governing body means (a) the city council of the City of Grand Island; and
Consume means knowingly and intentionally drinking or otherwise ingesting alcoholic liquor.
SECTION 2. Section 4-6 of the Grand Island City Code is hereby amended to read as
follows:
§4-6. Liquor Application Procedure
The hearing will be informal and conducted by the Mayor. The hearing shall be held for the purpose of
inquiring into the facts and shall not be an adversary action. Each witness may present testimony in narrative fashion
or by question and answer.
The governing body or the applicant may order the hearing to be recorded by an official court reporter or
by the Clerk, at the expense of the applicant.
The governing body and its representatives shall not be bound by the strict rules of evidence, and
shall have full authority to control the procedures of the hearing including the admission or exclusion or testimony
or other evidence. The governing body may admit and give consideration to evidence which possesses probative
value commonly accepted by reasonably prudent individuals. The Mayor may limit testimony where it appears to be
incompetent, irrelevant, or unduly repetitious. If there is opposition to any application and such opposition desires
the opportunity to present arguments and to cross-examine the applicant and any witnesses in favor of such
application, they shall choose a spokesperson to perform such function who shall notify the Mayor of his/her
representation prior to the start of the hearing.
ORDINANCE NO. 9094 (Cont.)
- 4 -
SECTION 3. Section 4-7 of the Grand Island City Code is hereby amended to
read as follows:
§4-7. Applications for Liquor License
In order to assist the council in determining the general fitness of an applicant for a retail liquor license, and
the character and reputation of the applicant in the community, the applicant shall provide the city clerk at least ten
days before the council hearing on the application the following information:
The application for a new license shall be submitted upon such forms as the commission may prescribe.
Such forms shall contain:
(A) The name and residence of the applicant and how long he or she has resided within the State
of Nebraska.
(B) The particular premises for which a license is desired designating the same by street and
number if practicable or, if not, by such other description as definitely locates the premises.
(C) The name of the owner of the premises upon which the business licensed is to be carried on.
(D) A statement that the applicant is a citizen of the United States, that the applicant and the
spouse of the applicant are not less than twenty-one years of age, and that such applicant has never been
convicted of or pleaded guilty to a felony or been adjudged guilty of violating the laws governing the sale
of alcoholic liquor or the law for the prevention of gambling in the State of Nebraska, except that a
manager for a corporation applying for a license shall qualify with all provisions of this subdivision as
though the manager were the applicant, except that the provisions of this subdivision shall not apply to the
spouse of a manager-applicant.
(E) A statement that the applicant intends to carry on the business authorized by the license for
himself or herself and not as the agent of any other persons and that if licensed he or she will carry on such
business for himself or herself and not as the agent for any other person.
(F) A statement that the applicant intends to superintend in person the management of the
business licensed and that if so licensed he or she will superintend in person the management of the
business, and
(G) Such other information as the Nebraska Liquor Control Commission may from time to time
direct. The applicant shall also submit two legible sets of fingerprints to be furnished to the Federal Bureau
of Investigation through the Nebraska State Patrol for a national criminal history record check and the fee
for such record check payable to the patrol.
(H) No license for the retail sale of alcoholic liquor for consumption on the premises shall be
recommended for approval until the Building Department, Fire Department and Police Department have
completed inspections and have certified that the premises meets all Building and Life Safety Codes. If a
license is recommended for approval pending final inspections, the City Clerk shall not issue the license
until such time as all inspections have been complete fro full compliance.
The application shall be verified by the affidavit of the petition made before a notary public or other person
duly authorized by law to administer oaths. If any false statement is made in any part of such application, the
applicant or applicants shall be deemed guilty of perjury and upon conviction thereof, the license shall be revoked
and the applicant subjected to the penalties provided by law for that crime.
SECTION 4. Section 4-8 of the Grand Island City Code is hereby amended to
read as follows:
§4-8. Grounds for Revocation or Cancellation
A retail license to sell alcoholic liquors, which this council is legally empowered to revoke, may be revoked
by the city council whenever it shall find, after notice and hearing as provided by law, that the holder of any such
license has violated any of the provisions of said Nebraska Liquor Control Act, or of this chapter, or rule or
ORDINANCE NO. 9094 (Cont.)
- 5 -
regulation of the Nebraska Liquor Control Commission; or any statutory provision or ordinance of the City now
existing or hereafter passed, enacted in the interest of good morals and decency; or for any one or more of the
following causes:
(A) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or has
pled guilty to a felony under the laws of the State of Nebraska, or of any other state of the United States.
(B) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or has
pled guilty to being the proprietor, manager or agent in charge of a gambling house, or of pandering or other
crime or misdemeanor opposed to decency and morality.
(C) The licensee, his/her manager or agent in charge of the premises licensed, has been convicted of or
pled guilty to violation of any federal or state law concerning the manufacture, possession, or sale of alcoholic
liquors.
(D) That the licensee either swore falsely to any question in his/her application for said license, or has
failed to comply with the statements and representations made by the answer to any question or questions in
said application; or has failed to perform in accordance with any other statement or representation, or keep any
promise, oral or written, made to the council, in connection with such licensee's request for said license.
(E) The licensee, his/her manager or agent in charge of the premises licensed, shall have forfeited bond to
appear in court to answer charges for any one of the violations of law or ordinances referred to in this section.
(F) It shall be cause for revocation as herein provided if the licensee, his/her manager or agent, shall allow
any live person to appear, or have reasonable cause to believe that any live person shall appear in any licensed
premises in a state of nudity, to provide entertainment, to provide service, to act as hostess, manager or owner,
or to serve as an employee in any capacity. For the purposes of this subsection, the term "nudity" shall mean the
showing of the human male or female genitals, pubic area or buttocks, or the human female breast including the
nipple or any portion below the nipple with less than a full opaque covering.
(G) It shall be cause for revocation when a licensee, his/her manager or agent in charge of the premises has
successive violations that meet the Nebraska Liquor Control Commission standard of violation, the City
Council may revoke or cancel the liquor license.
SECTION 4. Section 4-9 of the Grand Island City Code is hereby amended to read as
follows:
SECTION 5. Sections 4-1; 4-6; 4-7; 4-8 and 4-9 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 7. That this ordinance shall be in force and take effect from and after
its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand
Island Independent as provided by law.
Enacted: November 28, 2006.
ORDINANCE NO. 9094 (Cont.)
- 6 -
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F8
#9095 - Consideration of Change of Zoning for a Tract of Land
Proposed for Platting as Ponderosa Village Subdivision Located
West of Highway 281 and South of Rae Road from RD Residential
Development to B2 General Business
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9095
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising part of
Southeast Quarter (SE¼) of Section 36, Township 11 North, Range 10 West of the 6th P.M., in
the City of Grand Island, Hall County, Nebraska, from RD-Residential Development Zone to B2
General Business Zone; directing the such zoning change and classification be shown on the
Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and
providing for publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on November 1, 2006, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on November 28, 2006, the City Council found
and determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from RD-Residential Development Zone to B2 General Business Zone :
A tract of land consisting of part of Outlot “C4” and part of Outlot “B” of
Ponderosa Lake Estates Subdivision in the City of Grand Island, located in the
Southeast Quarter (SE1/4) of Section 36, Township 11 North, Range 10 West of
the 6th P.M., Hall County, Nebraska and more particularly described as follows:
Commencing at the Northeast Corner of said SE¼ of Section 36; thence on an
assumed bearing of S88°06’48”W along the north line of said SE¼ of Section 36
a distance of 118.70 feet to the point of intersection of said north line and the west
right-of-way (R.O.W.) line of U.S. Highway #281; thence continuing
S88°06’48”W along the north line of said SE¼ a distance of 260.36 feet; thence
ORDINANCE NO. 9095 (Cont.)
- 2 -
S02°04’52”E a distance of 50.00 feet to the point of intersection of the south
R.O.W. line of Rae Road and the west R.O.W. line of James Road, said point also
being the point of beginning; thence S02°04’52”E along said west R.O.W. line a
distance of 39.93. feet to a point of curvature; thence around a curve in a counter
clockwise direction having a delta angle of 20°13’40”, an arc length of 81.20 feet,
a radius of 230.00 feet and a chord bearing S11°51’01”E for a distance of 80.78
feet to a northeasterly corner of Block 4 of Ponderosa Lake Estates Fourth
Subdivision in the City of Grand Island, Hall County, Nebraska; thence
S77°03’36”W along a northerly line of said Block 4 Ponderosa Lake Estates
Fourth Subdivision a distance of 56.28 feet to a northerly corner of said Block 4;
thence S43°26’27”W along a northerly line of said Block 4 a distance of 36.32
feet to a point of curvature; thence around a curve in a clockwise direction having
a delta angle of 59°57’10”, an arc length of 188.35 feet, a radius of 180.0 feet and
a chord bearing N31°51’47”W for a distance of 179.87 feet to a point on the south
R.O.W. line of Rae Road; thence N88°06’48”E along said south R.O.W. line a
distance of 156.82 feet to the point of beginning. Said tract contains 19,213 square
feet of 0.44 acres more or less.
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: November 28, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of November 14, 2006 City Council Regular
Meeting
Tuesday, November 28, 2006
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
November 14, 2006
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 November 14, 2006. Notice of the meeting was given in The Grand Island
Independent on November 8, 2006.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Whitesides, Meyer, Pielstick, Gilbert, Nickerson, Pauly, Hornady,
Walker, and Haase. Councilmember’s Cornelius was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Public Works Director Steve Riehle, and Interim City Attorney Dale Shotkoski.
INVOCATION was given by Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer
Avenue fo llowed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
· City Administrator Gary Greer’s birthday - November 15th
· Introduced Community Youth Council members Sara Kuta and Sam Schneider
President/Mayor Elect Margaret Hornady explained the process she would use to fill her seat on
City Council Ward 2. Deadline for applications was Thursday, November 30, 2006 followed by
committee selection, interviews, recommendation by the new Mayor, and approval by council.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of Certificate of Merit to Bill and Betty James for Efforts to Clean Up Indian Acres.
The Mayor presented a Certificate of Merit to Bill and Betty James for work they performed to
help cleaning up Indian Acres. Bill and Betty James were present for the presentation.
Recognition of Tom and Kim Dinsdale “Nebraska’s Philanthropists of the Year”. The Mayor and
City Council recognized Tom and Kim Dinsdale for being named “Nebraska’s Philanthropists of
the Year” by the Association of Fundraising Professionals. Mr. & Mrs. Dinsdale have given of
their time and talents to many non-profit organizations within the community. Tom and Kim
Dinsdale were present for the recognition.
Recognition of Jeff Wattier, Danelle Collins, and Joel Hestermann for Service in the Armed
Forces. The Mayor and City Council recognized Jeff Wattier, Solid Waste Superintendent;
Danelle Collins, Public Works Administrative Assistant; and Joel Hestermann, Police Officer for
their service in the Armed Forces. All three city employees were present for the recognition.
Page 2, City Council Regular Meeting, November 14, 2006
PUBLIC HEARINGS:
Public Hearing on Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a
Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been
received from B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C”
Liquor License. Ms. Edwards mentioned that this item had been before the City Council on
October 24, 2006 and was referred to the November 14, 2006 meeting to allow Super Saver to
submit a plan. Presented were the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on October 2, 2006; notice to the general
public of date, time, and place of hearing published on November 4, 2006; notice to the applicant
of date, time, and place of hearing. Staff recommended approval. Fred Groenke, 2308 West
Charles Street spoke in support of the application. No further public testimony was heard.
Public Hearing on Request from Geotechnical Services, Inc. for a Conditional Use Permit for
Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street.
Craig Lewis, Building Department Director reported that Geotechnical Services on behalf of R D
& D, Inc. requested the temporary placement of a soil vapor extraction trailer located at 417
North Sycamore Street to remove free phase petroleum from groundwater at the site. Staff
recommended approval for a two year period with the stipulation that displaced landscaping be
installed within six months of approval. No public testimony was heard.
Public Hearing on Acquisition of Sidewalk Easement Located at 720 West Stolley Park Road.
(John and Colleen Street) Steve Riehle, Public Works Director reported that a public easement
was needed for the installation of sidewalks adjacent to the property at 720 East Stolley Park
Road and that the property owners were installing sidewalk along the east side of Adams Street.
No public testimony was heard.
Public Hearing on Acquisition of Right-of-Way along the South Side of Capital Avenue, 2490
Carleton Avenue, 2449 Carleton Avenue, and 2485 N. Diers Avenue. (John R. Menard) Steve
Riehle, Public Works Director reported that acquisition of public street right-of-way and
temporary construction easements were needed along Capital Avenue for the widening of Capital
Avenue from the Moores Creek Drainway to Webb Road. Midwest Right-of-Way Services, Inc.
had successfully negotiated many properties along Capital Avenue, but there remained a few that
had reached no agreement. Eminent domain may have to be used to acquire all property needed
to accomplish the project. Staff recommended acquisition of the public street right-of-way and
the temporary construction easement by eminent domain if necessary. No public testimony was
heard.
Public Hearing on Acquisition of Right-of-Way along 3426 West Capital Avenue. (Robert D.
and Patricia J. Hancock) Steve Riehle, Public Works Director reported that acquisition of public
street right-of-way and temporary construction easements were needed along Capital Avenue for
the widening of Capital Avenue from the Moores Creek Drainway to Webb Road. Midwest
Right-of-Way Services, Inc. had successfully negotiated many properties along Capital Avenue,
but there remained a few that had reached no agreement. Eminent domain may have to be used to
acquire all property needed to accomplish the project. Staff recommended acquisition of the
Page 3, City Council Regular Meeting, November 14, 2006
public street right-of-way and the temporary construction easement by eminent domain if
necessary. No public testimony was heard.
Public Hearing on Acquisition of Right-of-Way along 3428 West Capital Avenue. (Poland Oil,
Inc. aka Sapp Bros.) Steve Riehle, Public Works Director reported that acquisition of public
street right-of-way and temporary construction easements were needed along Capital Avenue for
the widening of Capital Avenue from the Moores Creek Drainway to Webb Road. Midwest
Right-of-Way Services, Inc. had successfully negotiated many properties along Capital Avenue,
but there remained a few that had reached no agreement. Eminent domain may have to be used to
acquire all property needed to accomplish the project. Staff recommended acquisition of the
public street right-of-way and the temporary construction easement by eminent domain if
necessary. Greg Epp, 1013 South Adams Street spoke in opposition explaining access to his
business would cause traffic congestion off St. Patrick Street and Capital Avenue. Curtis Cellar,
owner of Library Lounge spoke in opposition. No further public testimony was heard.
ORDINANCES:
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9087 – Consideration of Amendments to Chapter 22 of the Grand Island City Code
Relative to Snow Emergency Routes
#9088 – Consideration of Vacating a 25’ Utility/Trail Easement along Lots Five (5) and
Six (6) of Cedar Ridge Second Subdivision (GILD Investments, LLC)
#9089 – Consideration of Amended and Restated Participation Agreement for the Public
Power Generation Agency Project
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 Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director explained the changes in Ordinance #9087, the Snow
Emergency Route. Mr. Riehle reported that Ordinance #9088 would vacate a 25’ easement in
Cedar Ridge Second Subdivision that had no utilities and was not needed for a trail.
David Springer, Finance Director explained that Ordinance #9089 was to change wording at the
request of bond counsel to the Amended and Restated Participation Agreement with the Public
Power Generating Agency for the new 220 MW coal fired power plant to be built in Hastings,
Nebraska.
Motion by Pielstick, second by Gilbert to approve Ordinances #9087, #9088, and #9089.
City Clerk: Ordinances #9087, #9088, and #9089 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.
Page 4, City Council Regular Meeting, November 14, 2006
City Clerk: Ordinances #9087, #9088, and #9089 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.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9087, #9088, and #9089 are declared to be lawfully adopted upon publication as
required by law.
CONSENT AGENDA: Agenda item G-10 was pulled for further discussion. Motion by
Hornady, second by Nickerson to approve the Consent Agenda excluding item G-10. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of October 24, 2006 City Council Regular Meeting. Councilmember
Whitesides abstained.
Approving Appointment of Tom Graves to the Grand Island Facilities Corporation Board.
#2006-327 – Approving Final Plat and Subdivision Agreement for Sundance Subdivision. It was
noted that Anthony and Kathleen Seitz, owners had submitted the final plat for Sundance
Subdivision located on a tract of land comprising NE1/4NW1/4 of Section 12-11-9 for the
purpose of creating 2 lots on approximately 14.720 acres.
#2006-328 – Approving Contract for Long Term Disability with The Standard Insurance
Company.
#2006-329 – Approving Bid Award for Feedwater Heater Tube Bundle with American
Exchanger Services, Inc. of Hartford, Wisconsin in an amount of $310,115.00.
#2006-330 – Approving Agreement for Engineering Consulting Services for Composting System
Improvements at the Waste Water Treatment Plant with CH2M Hill of Englewood, Colorado in
an Amount not to exceed $399,200.00.
#2006-331 – Approving Acquisition of Sidewalk Easement at 720 West Stolley Park Road.
(John and Colleen Street)
#2006-332 – Approving Acquisition of Right-of-Way Along the South Side of Capital Avenue;
2490 Carlton Avenue, 2449 Carlton Avenue, and 2485 N. Diers Avenue. (John R. Menard)
#2006-333 – Approving Acquisition of Right-of-Way Along 3426 West Capital Avenue. (Robert
D. and Patricia J. Hancock)
#2006-335 – Approving Service Maintenance Agreement for GITV Operations with
Audiovisual, Inc. (AVI) of Omaha, Nebraska in the Amount of $3,947.00.
Page 5, City Council Regular Meeting, November 14, 2006
#2006-336 – Approving the Grand Island Area Habitat for Humanity Environmental Review for
Release of Funds.
#2006-337 – Approving Change Order No. 4 in the amount of $1,100.00, Change Order No. 5 in
the amount of $1,263.00 and Change Order No. 6 in the amount of $1,668.00 for a decrease to
the contingency fund to $150,230.00 with Chief Construction of Grand Island, Nebraska for the
Law Enforcement Center.
#2006-338 – Approving State Bid Contract for Three (3) 2007 Ford Crown Victoria Police
Vehicles from Anderson Ford of Grand Island, Nebraska in an Amount of $63,696.00.
#2006-334 – Approving Acquisition of Utility Easement Along 3428 West Capital Avenue
(Poland Oil, Inc. aka Sapp Bros.) Discussion was held concerning access off Capital Avenue and
St. Patrick Street and the location of the entrance to Sapp Bros. Matt Rief, Engineer with Olsson
Associates explained the design was the best access for this property. He stated there was
currently a problem with east bound traffic turning left onto the Sapp Bros. property. Steve
Riehle, Public Works Director mentioned this project was approved by the State of Nebraska and
was being funded by Federal funds in the amount of 80% with a City match of 20%.
Motion by Hornady, second by Nickerson to approve Resolution #2006-334. Upon roll call vote,
Councilmember’s Meyer, Whitesides, Pauly, Hornady, Walker, and Haase voted aye.
Councilmember’s Gilbert and Nickerson vo ted no. Councilmember Pielstick abstained. Motion
adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Geotechnical Services, Inc. for a conditional Use Permit for
Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street.
Craig Lewis, Building Department Director reported this item related to the aforementioned
Public Hearing.
Motion made by Hornady, second by Pauly. Upon roll call vote, all voted aye. Motion adopted.
Consideration of Request from Wayne E. Vian for Ashlar Lodge No. 33 AF & AM for
Permission to Dedicate the Cornerstone at the New Law Enforcement Facility. Wayne E. Vian
representing the Mason’s requested the Grand Island City Council’s permission to dedicate the
cornerstone at the new Law Enforcement Facility.
Motion by Pielstick, second by Walker to approve the request of the Mason’s to direct staff to
dedicate the cornerstone at the new Law Enforcement Facility. Upon roll call vote, all voted aye.
Consideration of Request from Wayne E. Vian for Ashlar Lodge No. 33 AF & AM for
Permission to Dedicate the Cornerstone at the Heartland Events Center. Wayne E. Vian
representing the Mason’s requested the Grand Island City Council’s permission to dedicate the
cornerstone at the Heartland Events Center.
Page 6, City Council Regular Meeting, November 14, 2006
Motion by Pielstick, second by Walker to approve the request of the Mason’s to dedicate the
cornerstone at the Heartland Events Center. Upon roll call vote, all voted aye.
Consideration of Water Main District Options, Parkview Area. Gary Mader, Utilities Director
reported that Water Main District No. 454 was created by residents in the Parkview area to
provide extension of the municipal water system throughout the subdivision. The district was
ultimately protested and discontinued. The City recently received a new request for creation of a
modified district, one serving a reduced area.
David Fairchild, 2507 Commerce spoke in opposition to the proposed district due to costs. He
wanted the Council to consider the original district. Jody Nelson, 2521 Commerce spoke in
support. Flora Bolin, 2422 Pioneer Blvd. spoke in opposition.
Discussion was held concerning costs, design, and the process of protests. Gary Greer, City
Administrator commented on the importance of moving forward with a district in the Parkview
area. It was mentioned that a vote tonight would not create a district, but give staff a go ahead
with the intention of bringing the creation of a water main district to the November 28, 2006 City
Council meeting.
Motion by Nickerson, second by Walker to approve consideration of a water main district in the
Parkview area. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2006-326 – Approving Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd
Street for a Class “C” Liquor License and Liquor Manager Designation for Fred M. Groenke,
2308 West Charles Street. RaNae Edwards, City Clerk reported that this item related to the
aforementioned Public Hearing. Also included was the request from Fred M. Groenke, 2308
West Charles Street for a liquor manager designation.
Motion by Walker, second by Whitesides to approve Resolution #2006-326. Upon roll call vote,
Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Pauly, Hornady, Walker, and Haase
vote aye. Councilmember Meyer voted no. Motion adopted.
#2006-339 – Consideration of Economic Development Incentive Agreement with CNH America
LLC. Marlan Ferguson, Economic Development President reported that CNH America (Case
IH/New Holland ) had submitted an application for LB840 funding for expansion to the current
facility to accommodate the addition of self propelled hay harvesting equipment and the addition
of approximately 80 to 100 new full time jobs. Requested was $200,000 for job creations,
$100,000 for plant expansion, and $25,000 for training.
Steve Lee, Plant Manager spoke in support.
Motion by Walker, second by Gilbert to approve Resolution #2006-339. Upon roll call vote, all
vote aye. Motion adopted.
Page 7, City Council Regular Meeting, November 14, 2006
#2006-340 – Consideration of Economic Development Incentive Agreement with O’Neill Wood
Resources. Marlan Ferguson, Economic Development President reported that O’Neill Wood
Resources had submitted an application for LB 840 funding in the amount of $45,000 to create
15 full time jobs. This new business would provide recycling services for clean wood waste to
create animal bedding, bio-fuel and mulch.
Pat O’Neill, Owner of O’Neill Wood Resources spoke in support.
Motion by Whitesides, second by Gilbert to approve Resolution #2006-340. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Hornady, second by Hronady to approve the Claims for the period of October 25,
2006 through November 14, 2006, for a total amount of $3,805,147.78. Motion adopted
unanimously.
Motion by Hornady, second by Haase to approve the following Claims for the Library Expansion
for the period of October 11, 2006 through November 14, 2006:
#40 $25.00
#41 $20,564.45
#42 $649,435.49
#43 $1,000.00
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:10 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of November 21, 2006 City Council Study
Session
Tuesday, November 28, 2006
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
November 21, 2006
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
November 21, 2006. Notice of the meeting was given in the Grand Island Independent on
November 15, 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, and Interim City
Attorney Dale Shotkoski.
INVOCATION was given by Reverend Dr. George Mullins, First Christian Church, 2400 West
14th Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
· City Council Retreat scheduled for January, ideas should be submitted to City
Administrator Gary Greer
Review of Chapter 4 of the Grand Island City Code Relative to Alcoholic Beverages. Dale
Shotkoski, Interim City Attorney reported that one of the goals set this year by Administration,
Mayor and City Council was to revise and update the Grand Island City Code.
The City Code Revision Committee, along with the City Administrator, Chief of Police, and
Building Department Director met to review and discuss changes to Chapter 4 of the Grand
Island City Code, Alcoholic Beverages.
The following revisions were presented:
· Section 4-1. Definitions. Current definitions in Section 4-1 would be replaced with
definitions of the State Statutes of Nebraska, which would allow the City of Grand Island
to be in conformity with state statutes.
· Section 4-6. Liquor Application Procedure The language in Section 4-6 pertaining to
the specifics of the order of the proceedings has been simplified to confirm with state
statutes.
· Section 4-7. Applications for Liquor Licenses. The language in Section 4-7 would be
replaced with language contained in Section 53-131.01 of the Revised Statutes of
Nebraska. This would allow the city to be in conformity with state statutes. Added to
Section 4-7 is paragraph (H), wherein it is stated that the license shall not be issued until
approval of all inspections has been met.
Page 2, City Council Study Session, November 21, 2006
· Section 4-8. Grounds for Revocation. Section 4-8 would be amended to include not
only possible revocation, but also cancellation. Included in this section is paragraph (G),
which allows for revocation or cancellation when successive violations occur.
The City received requests for policy changes to the code from outside agencies regarding
Section 4-9 Hours of Operation and Section 4-20 Minors Not Permitted After 9:00 p.m. Mr.
Shotkoski stated the current hours of operation section in the code was somewhat confusing.
There had been several requests to allow alcohol sales on New Year’s Eve which falls on a
Sunday this year. Current code does not allow sales after midnight on Sunday’s. It was proposed
by many liquor license establishments to adopt the same hours as many other cities, such as
Lincoln. The following is their code language:
(A) No alcoholic liquor, including beer, shall be sold at retail or dispensed on any day
between the hours of 1:00 a.m. and 6:00 a.m.
(B) No alcoholic liquor, including beer, shall be sold at retail or dispensed between the hours
of 6:00 a.m. and 12:00 noon on Sunday.
(C) Alcoholic liquor, including beer, may be sold at retail and dispens ed from 12:00 noon on
Sunday until 1:00 a.m. the following Monday.
Project Extra Mile was concerned about minors being given access to the bar environment and
requested Section 4-20 be amended to read as follows:
“It shall be unlawful for any licensed retailer or his, her, or its agent or employee
to suffer or permit any minor to be or remain in any room or compartment of such
licensed premises after 9:00 p.m. of any day; provided, that this section shall not
apply to any licensed premises which derives sixty percent (60%) or more of its
principal business from the sale or services or other commodities other than
alcoholic liquor.”
The following people spoke regarding the liquor license changes:
Jim Phipps representing Skagway spoke in support of changes to the hours of operation.
Dale Nielson representing the Elks Lodge spoke of concerns to minors in business after 9:00
p.m. and questioned whether minors attending wedding receptions, anniversary celebrations, etc.
would have to leave at 9:00 p.m.
Deb Wetzel spoke of concerns of minors in bars after 9:00 p.m. and teen nights in bars.
Lex Ann Roach representing Project Extra Mile spoke in support of not allowing minors in bars
after 9:00 p.m.
Rick Wiseman representing Grand Island Liquor Mart spoke in support of extending hours of
operation on Sunday.
Heather Tjaden representing Central Nebraska Council on Alcoholism spoke in support of
limiting minors in bars after 9:00 p.m.
A lengthy discussion was held regarding minors in bars after 9:00 p.m. and the definition of a
restaurant versus a bar and how this would be enforced. Definition of a minor would be anyone
under 21 years of age.
Page 3, City Council Study Session, November 21, 2006
City Administrator Gary Greer commented that non-profit corporations would be exempt from
this part of the code regarding minors. Also it was the intent of the committee that wedding
receptions, anniversary, birthday celebrations, etc. would be exempt.
Lorri Rogers with the Nebraska State Patrol answered the question regarding the number of
minors in bars and that it was very hard to enforce. Mentioned were teen nights at night clubs
and the problems of kids in the streets, parking lots, etc.
Police Chief Steve Lamken stated the Police Department does bars checks after 11:00 p.m. as
often as possible. Mentioned were establishments that allow and serve minors in their business
which causes the Police Department the most trouble.
Mayor Vavricek stated this issue would be brought back to the City Council at the November 28,
2006 meeting.
ADJOURNMENT: The meeting was adjourned at 8:25 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Preliminary Plat for Prairie Acres Subdivision
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 28, 2006
Subject: Prairie Acres Subdivision - Preliminary Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This preliminary plat proposes to create 190 lots on a tract of land comprising a part of
the E1/2 SW1/4 12-T 11N-R10W in the city of Grand Island, Hall County, Nebraska.
This land consists of approximately 69.4 acres. This subdivision appears to meet all of
the requirements for a legal subdivision in the City of Grand Island. Sewer and water are
available to the property. This property is zoned R4 High Density Residential.
Residential development with up to 43 units per acre is allowed in the zone. The
development as proposed would be between 4.5 and 9 units per acre. The developer is
proposing to include a 4 acre park within the development and will be building standard
city streets, sewer and water lines throughout the subdivision. The drainage from this
property has been accounted for in the Moore’s Creek Drainway project and that project
is adjacent to the property on its east side.
Discussion
Planning Commission opened this topic for public discussion at the meetings on October
4th and November 1st. Several members of the public voiced concerns about the quality
of construction and timeliness of progress of other projects undertaken by the developer.
Mr. Shafer stated that he would not be building the roads or other infrastructure in the
subdivision but would be hiring qualified firms to perform that work to city standards.
Council for the lenders funding this project stated that they had worked with Mr. Shafer
on other projects and that he had completed those projects in a timely manner. Council
also stated that the lenders would be providing oversight on this project.
Chairman O’Neill stated that this project meets a need in the community; is consistent
with the comprehensive plan and future land use map; and appears to meet all of the
standards set by the City of Grand Island. The preliminary plat for Prairie Acres
Subdivision was considered. A motion was made by Hayes and seconded by Monter to
approve the preliminary plat as presented. A roll call vote was taken and the motion
carried with 10 members present voting in favor (Miller, Amick, O’Neill, Ruge, Hayes,
Reynolds, Monter, Eriksen, Brown, Haskins) and 2 members present voting against
(Niemann, Snodgrass).
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 approve the preliminary plat as
presented.
Sample Motion
Motion to approve as recommended.
Prairie Acres Subdivision Summary
Developer/Owner
Shafer Commercial Properties LLC
Joel Shafer, Member Manager
920 Diers Avenue
Grand Island, NE 68803
(308) 398-1722
190 Lots including 4 large lots for apartment or office use along 13 and State Streets and
1 large lot 4 acres proposed in the interior of the subdivision.
Size: 69.4 Acres
Zoning R4 High Density Residential
Road Access: Public Streets will be built throughout the subdivision. All proposed
streets are 37’ wide concrete curb and gutter.
Water: City water will be extended throughout the subdivision.
Sewer: City sewer will be extended throughout the subdivision.
Item G4
#2006-341 - Approving Final Plat and Subdivision Agreement for
Ponderosa Village Subdivision
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: November 28, 2006
Subject: Ponderosa Village Subdivision – Final Plat
Item #’s: G-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This final plat proposes to create 4 lots on a tract of land consisting of part of Outlot B
and part of Outlot C4 of Ponderosa Lake Estates Subdivision, all of Block 4 and all of
Block 5 of Ponderosa Lake Estates Fourth Subdivision and vacated James Road Right of
Way located in the Southeast Quarter (SE1/4) of Section 36, Township 11 North, Range
10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska. This land consists
of approximately 4.49 acres. Approval of this plat is contingent upon approval of the
rezoning request on this property.
Discussion
The final plat for Ponderosa Village Subdivision was considered by the Regional
Planning Commission at the November 1, 2006 meeting. A motion was made by Hayes
and seconded by Ruge to approve the plats as presented. A roll call vote was taken and
the motion carried with 12 members present voting in favor (Miller, Amick, O’Neill,
Ruge, Hayes, Haskins, Eriksen, Brown, Reynolds, Niemann, Monter, Snodgrass).
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 approve the final plat as presented
Sample Motion
Motion to approve as recommended.
Ponderosa Village Subdivision Summary
Developer/Owner
Husker Retail Group LLC
Roger Bullington, Manager
3730 South 14th Street
Lincoln, NE 68502
(402) 380-2689
Four commercial lots west of U.S. Highway 281 and south of Rae Road.
Size: 4.49 Acres
Zoning B2 General Business Zone
Road Access: Public Streets will be built throughout the subdivision. All proposed
streets are 41’ wide concrete curb and gutter.
Water: City water will be extended throughout the subdivision.
Sewer: City sewer will be extended throughout the subdivision.
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-341
WHEREAS, Husker Retail Group, L.L.C., a limited liability company, as owner, have
caused to be laid out into a lot, a tract of land located in the Southeast Quarter (SE ¼) of Section 36,
Township 11 North, Range 10, West of the 6th P.M., Hall County, Nebraska, said tract containing 4.49
acres, more or less, under the name of PONDEROSA VILLAGE SUBDIVISION, and have caused a plat
thereof to be acknowledged by them; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owners of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of SUNDANCE SUBDIVISION, as
made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island,
Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2006-342 - Approving Amendments to Personnel Rules &
Regulations Relative to Severance Pay
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Council Agenda Memo
From: Brenda Sutherland, Human Resources Director
Meeting: November 28, 2006
Subject: Revision to Personnel Rules
Item #’s: G-5
Presenter(s): Brenda Sutherland, Human Resources Director
Background
The City Council approved changes to the Personnel Rules that became effective on
October 1, 2006. Administration became aware of “wording” issues in municipal policy
through a League of Municipalities meeting. The issue revolved around the term
severance pay. The advice given to members of the League of Municipalities was that to
use the term “severance pay” was not appropriate.
Discussion
City Administration has reviewed the Personnel Rules and found the term severance pay
under Section 3.04 RESIGNATIONS, RETIREMENTS, AND LAYOFFS. The manner
in which the City handles this situation is more accurately described with the language
change that is proposed as follows:
SEVERENCE PAYCONSIDERATION GIVEN FOR RELEASE OF ALL CLAIMS
AGAINST THE CITY: Employees with 5 or more years of continuous employment with
the City whose employment is terminated by a reduction in force will be entitled to
severanceconsideration pay equal to one month’s pay .for the release of all claims against
the City. Employees who retire or are terminated through disciplinary action will not
receive severance paythis consideration. The Mayor may grant severance
payconsideration in resignation cases when deemed appropriate. The Mayor may grant
severanceconsideration pay greater than one month’s pay upon a determination that such
action is in the best interest of the City.
The aforementioned changes more accurately describes the way the City has actually
handled these cases in the past. It does not change the way the City has or will handle
future events of this nature. It merely uses language to more accurately reflect the action.
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 approve the amendment to the City
Personnel Rules to reflect the language change as proposed to the section currently
referred to as “SEVERENCE PAY” under Section 3.04.
Sample Motion
Motion to approve proposed changes to City Personnel Rules.
Approved as to Form – _______________
November 21, 2006 • City Attorney
R E S O L U T I O N 2006-342
WHEREAS, on October 26, 1996, by Resolution 96-294, the City of Grand Island
adopted the City Personnel Rules and Regulations; and
WHEREAS, the City Council may, by resolution, amend said rules and regulations; and
WHEREAS, Section 3.04 – Resignations, Retirements and Layoffs is hereby amended to
read as follows:
SEVERANCE PAY CONSIDERATION GIVEN FOR RELEASE OF ALL CLAIMS
AGAINST THE CITY: Employees with 5 or more years of continuous employment with
the City whose employment is terminated by a reduction in force will be entitled to
severance consideration equal to one month’s pay for the release of all claims against the
City. Employees who retire or are terminated through disciplinary action will not receive
severance paythis consideration. The Mayor may grant consideration resignation cases
when deemed appropriate. The Mayor may grant severance consideration greater than one
month’s pay upon a determination that such action is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the amendments to the City Personnel Rules and
Regulations as outlined above and hereby approved and adopted.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 28, 2006.
_____________________________________
Jay Vavricek, Mayor
Attest:
__________________________________
RaNae Edwards, City Clerk
Item G6
#2006-343 - Approving Interlocal Cooperation Agreement with
Hall County Airport Authority for Law Enforcement Security at
the Airport
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: November 28, 2006
Subject: Interlocal Agreement with the Hall County Airport
Authority for Law Enforcement Services.
Item #’s: G-6
Presenter(s): Steven Lamken, Police Chief
Background
The Department of Homeland Security has a terrorism threat level system that uses colors
to identify the threat level in our nation. All airports are required to ha ve law enforcement
officers present for passenger boarding screening for commercial airline flights when the
threat level is at orange or higher. The Transportation Safety Agency, TSA, will not
screen passengers for boarding without the presence of a law enforcement officer.
Discussion
The current terrorism threat level is orange. The Grand Island Airport is required to have
law enforcement officers present for screening of all passengers boarding commercial
flights to be able to maintain commercial service from our airport. The Police Department
is currently providing this service and will continue to do so to maintain commercial
service at the Regional Airport.
The TSA provides a funding program for airports to reimburse local law enforcement
agencies for law enforcement security. The TSA rate of reimbursement is $25.19 per
hour. The TSA funds are paid to the Airport Authority and not paid directly to the law
enforcement agency. The Airport Authority Interlocal Agreement with the Police
Department allows for the Airport Authority to receive the reimbursement and pay the
Police Department the $25.19 per hour rate to help offset the cost of law enforcement
services. The reimbursement rate covers a majority of the costs of providing the service.
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 approve the interlocal agreement with
the Hall County Airport Authority for law enforcement services with the City.
Sample Motion
Motion to approve the interlocal agreement with the Hall County Airport Authority for
law enforcement services with the City.
1
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE HALL COUNTY AIRPORT AUTHORITY
AND
THE CITY OF GRAND ISLAND
THIS INTERLOCAL COOPERATION AGREEMENT is entered into this ______ day
of ____________, 2006, by and between the HALL COUNTY AIRPORT AUTHORITY, a
Political Subdivision (“Airport Authority”) and the CITY OF GRAND ISLAND, NEBRASKA,
a Municipal Corporation (“City”).
1. STATEMENT OF PURPOSE. The purpose of this Agreement is to establish a
program by which the City will provide to the Airport Authority uniformed, sworn and certified
police officers to carry out the operational terms and conditions of the LAW ENFORCEMENT
PERSONNEL REIMBURSEMENT AGREEMENT (“RA”) entered into between the
Transportation Security Administration (“TSA”) and the Airport Authority dated June 15, 2004
which Agreement was recently extended by TSA through September 30, 2007.
2. CITY'S RESPONSIBILITIES AND DUTIES. The City's responsibilities and
duties shall include:
a. The City will assign police officers (“LEOs”) to the Central Nebraska Regional
Airport (“Airport”) to fulfill the duties and responsibilities of Security Directive
SD 1542-02-07 (series) as adopted or other subsequent and superseding
regulations or documents regarding law enforcement services.
b. The City shall have sole and exclusive discretion to assign, supervise and evaluate
its LEOs assigned pursuant to the preceding paragraph. The parties agree that the
2
LEOs provided by the City in furtherance of the RA shall continue as employees
of the City and are not employees or the Airport Authority.
c. All LEOs assigned to the Airport shall be trained, qualified, certified, sworn,
uniformed and competent to carry out the operational duties of the RA. The
Airport Authority shall provide TSA/FAA training materials to the City at no
cost.
d. The City shall provide to the Airport Authority such reports, records, information
and documents as are necessary for the Airport Authority to carry out its
responsibilities and duties pursuant to the RA and to obtain reimbursement as
provided in the Agreement.
e. As mandated by the TSA in the RA, TSA shall have the right to examine or audit
relevant financial records for a period of three (3) years after expiration of the
terms of this Agreement as follows:
(i) As used in this clause, the term “records” includes books, documents,
accounting procedures and practices, and other data, regardless of type and regardless of
whether such items are in written form, in the form of computer data, or in any other form.
(ii) The City shall maintain and authorized Federal officials shall have the right
to examine and audit all records and other evidence sufficient to reflect properly all hours
claimed to have been incurred in performance of this Agreement. This right of
examination shall include inspection at all reasonable times of the City’s offices, or parts
of them, engaged in performing services pursuant to this Agreement. The City, upon
request shall provide notice to TSA of the location and custodian of supporting
documentation to include Time Sheets, Payroll Report or Other Documentation that
substantiates the hours worked under this Agreement and will make them available for
review during normal working hours when requested by an authorized Federal official.
(iii) The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of the City's directly
pertinent records involving transactions related to this Agreement. This Article may not
3
be construed to require the City to create or maintain any record that it does not maintain
in the ordinary course of business or pursuant to a provision of law.
(iv) The City shall make available at its office at all reasonable times the
records, materials and other evidence described in preceding sections (i), (ii) and (iii) of
this article, for examination, audit, or reproduction, until three (3) years after final
payment under this Agreement, or for any longer period required by statute or by other
clauses of the RA. In addition:
(1) If this Agreement is completely or partially terminated, the records relating to
the work terminated shall be made available for three (3) years after any resulting
final termination settlement; and
(2) Records relating to appeals under the "Contract Disputes" clause or to
litigation or the settlement of contract disputes arising under or relating to the RA
shall be made available until such appeals, litigation, or contract disputes are
finally resolved.
f. RECORDS AND RELEASE OF INFORMATION. In the course of service
under this Agreement, The LEOs will have access to certain information called "Sensitive
Security Information" or “SSI”, which is protected by Federal statute and regulation. LEOs may
also create and maintain records that contain SSI, such as investigative reports that relate to
aviation security. SSI is specifically defined in 49 CFR I520.7. The City and LEOs assigned to
work under this Agreement are subject to the duties and requirements imposed by 49 CFR Part
1520, Protection of Sensitive Security Information. As such, they may not publicly disclose SSI
in any context, including litigation or pursuant to a state open records act request, without the
advance approval of TSA as provided in 49 CFR part 1520. If a party in a legal proceeding seeks
SSI in discovery or otherwise seeks disclosure of SSI from a LEO performing duties under this
agreement, the City and LEO must provide immediate notice of the request for SSI to the
Airport Authority, who will, in turn, forward the request to the TSA. TSA will then advise the
4
City and LEOs how to proceed. LEOs asked to testify about purely factual matters that do not
reveal SSI may do so without consultation with TSA. All records created by LEOs that contain
SSI shall be marked with the following legend:
WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY
INFORMATION THAT IS CONTROLLED UNDER THE PROVISIONS OF 49 CFR
PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED WITHOUT
THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE
TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON D.C.
UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER
ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY IS
DETERMINED UNDER 5 U.S.C. 552.
3. AIRPORT AUTHORITY RESPONSIBILITIES AND DUTIES. The Airport
Authority responsibilities and duties shall include:
a. The Airport Authority shall reimburse the City for providing LEOs for the Airport
as provided herein at the rate of TWENTY FIVE DOLLARS SIXTEEN CENTS
($25.16) per hour. Billing for reimbursement shall be based on time increments
of 0.5 hours with a minimum billing period of not less than 2.0 hours. The
foregoing amount shall be payable by Authority to the City within 30 days of
receipt of periodic statements to be sent by the City to the Airport Authority.
Additionally, if the Airport Authority wishes to have the City establish an off- site
work station at the Airport, the Airport Authority shall pay to the City a one time
charge to be negotiated by the parties.
5
b. The Airport Authority shall advise the City of any operational deficiencies the
Authority finds or receives notice of in the performance of this Agreement by the
LEOs.
c. The Airport authority shall provide premises at the Airport for the LEOs assigned
to the Airport which are suitable for performance of the duties required by the
RA.
d. The Airport Authority shall consult regularly with the City concerning the RA to
request any modifications to this Agreement which are deemed reasonable,
appropriate and prudent and in conformity with the RA and associated documents.
4. DURATION. This Agreement shall remain in full force and effect during the
duration of the RA. Said Agreement is currently scheduled to terminate on September 30, 2007,
unless earlier terminated by the Airport Authority, the TSA, or the City. If the RA is further
extended by the TSA, the hourly payment from the Airport Authority to the City shall be
renegotiated based upon the City’s then existing personnel costs. Notwithstanding the foregoing,
this Agreement may be terminated earlier by either the Airport Authority or the City providing
written notice to the other of its intention to terminate participation ninety (90) days following
delivery of said notice or upon three (3) days written notice to the other when the Homeland
Security threat level is at yellow or lower status.
In the event the City and the Airport Authority mutually agree in writing that the
assignment of LEOs to the Airport to carry out the duties and responsibilities in connection with
the RA or any similar successor document and security directive, this Agreement may be
extended and remain in full force and effect for up to five additional one year terms, with the
6
first extension commencing on October 1, 2007 , or upon termination of the RA, whichever
occurs earlier, with reimbursement rates to be negotiated by the parties.
5. ACQUISITION, OWNERSHIP AND DISPOSAL OF PERSONAL PROPERTY.
All personal property and fixtures acquired and used in furtherance of the RA program shall be
owned by the entity which pays for said personal property or fixture. In the event the program is
terminated or is not superseded by another Interlocal Cooperation Agreement, the parties shall
take possession of their respective personal property and fixtures or said property may be left in
place at the Airport, whichever is mutually agreeable to the parties. The parties acknowledge
and agree that all computer software and licenses shall remain the property of the City.
6. SEPARATE ENTITY. The parties agree that no separate entity is created by this
Agreement.
7. CHOICE OF LAWS. This Agreement shall be construed in accordance with the
laws of the State of Nebraska, including, but not limited to, the Interlocal Cooperation Act, Neb.
Rev. Stat., §13-801 et seq., as amended.
8. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
between the City and Airport Authority relating to the RA program and may be amended only in
writing, duly approved, adopted and executed by the respective parties.
9. EFFECTIVE DATE. This Agreement shall be effective upon approval by the
Mayor and City Council of the City and the Board of the Airport Authority and execution by the
parties' respective executive officers.
7
10. NOTICES. All notice envisioned under the terms and conditions of this
Agreement shall be sent to the other party by first class, United States mail, postage prepaid and
addressed as follows:
City of Grand Island Hall County Airport Authority
Attn: Mayor Attn: Executive Director
PO Box 1968 3743 Sky Park Road
Grand Island, NE 68802 Grand Island, NE 68801
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal corporation,
Dated: __________________ BY_________________________________
Mayor
Attest: ______________________________
City Clerk
HALL COUNTY AIRPORT AUTHORITY,
A Political Subdivision
Dated: ___________________ BY_________________________________
Executive Director
Attest: ______________________________
Secretary
Approved as to Form ? _______________
November 21, 2006 ? City Attorney
R E S O L U T I O N 2006-343
WHEREAS, as a result of the September 11, 2001 terrorist attacks, the United States
Department of Transportation, Transportation Security Administration (TSA) have provided security at
United States civil aviation airports using the National Guard; and
WHEREAS, on April 23, 2002, the Grand Island City Council approved an interlocal
agreement between the City of Grand Island and the Hall County Airport Authority to provide uniformed
officers to the Central Nebraska Regional Airport for security purposes and is scheduled for renewal; and
WHEREAS, the TSA has authorized reimbursement for airports such as Central Nebraska
Regional Airport for the cost of providing such officers, and many airports have elected to contract with
local law enforcement agencies to provide security personnel; and
WHEREAS, it is in the best interests of the parties that the interlocal agreement be renewed
until September 30, 2007; and
WHEREAS, an Interlocal Cooperation Agreement by and between the City of Grand
Island and the Hall County Airport Authority to provide uniformed officers for security purposes has been
reviewed and approved by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement by and
between the City of Grand Island and the Hall County Airport Authority to provide uniformed officers to the
Central Nebraska Regional Airport for security purposes is hereby authorized.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 28, 2006.
_________________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G7
#2006-344 - Approving Contract Renewal with Hall County
Housing Authority for Police Services
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: November 28, 2006
Subject: Reauthorization of Police Service Contract with the Hall
County Housing Authority
Item #’s: G-7
Presenter(s): Steven Lamken, Police Chief
Background
The Hall County Housing Authority has contracted with the City Police Department for
several years for the services of a police officer to provide police services at Housing
Authority properties. The contracted officer handles calls for service as well as provides
crime prevention at the Housing Authority properties. This is a renewal of the ongoing
contract.
Discussion
The Police Department supports the continuation of the contract with the Hall County
Housing Authority for law enforcement services. The Housing Authority has proposed
paying the City $47,000.00 for services to be provided between December 13, 2006 and
December 12, 2007. The Police Department assigns one officer whose primary duties are
to provide service to the Housing Authority and its properties for the compensation
received. The contractual program has proved to be beneficial in reducing the number of
calls for service and complaints generated from properties managed by the Housing
Authority. Continuation of the contract is encouraged by both the Housing Authority and
the Police Department.
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 approve the renewal of the contract for
police services between the City and the Hall County Housing Authority.
Sample Motion
Motion to approve the renewal of the police services contract between the City and the
Hall County Housing Authority for one year commencing December 13, 2006 for the
sum of $47,000.00.
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-344
WHEREAS, on December 19, 2000, by Resolution 2000-397, the City of Grand Island
approved a Police Services Contract between the City and the Hall County Housing Authority to provide
specific police services associated with the Hall County Housing Authority's security programs; and
WHEREAS, such agreement was extended based on an Addendum to the contract
approved on March 9, 2004 by Resolution 2004-48; and
WHEREAS, the City and the Hall County Housing Authority are interested in continuing the
provision of such police services; and
WHEREAS, it is recommended that a new contract be entered into for such services to
cover a one year period which will end on December 12, 2007; and
WHEREAS, the amount to be paid by the Hall County Housing Authority to the City of
Grand Island to provide such police service will be $47,000; and
WHEREAS, the proposed Police Service Contract 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 Police Service Contract between the City and
the Hall County Housing Authority to provide specific police services associated with the Hall County
Housing Authority's security programs is hereby approved; and the Mayor is hereby authorized and
directed to execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 28, 2006.
____________________________________________
Jay Vavricek, Mayor
Attest:
__________________________________
RaNae Edwards, City Clerk
Item G8
#2006-345 - Approving State Bid Contract for Three (3) Police
Vehicles
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: November 28, 2006
Subject: Purchase of Three (3) 2007 Police Department Patrol
Vehicles
Item #’s: G-8
Presenter(s): Steven Lamken, Police Chief
Background
The Police Department budgeted $143,000 for six new vehicles for the Police patrol fleet
in the 2006/2007 budget. The Department planned to purchase three four wheel drive
vehicles for the fleet and three patrol cars. The City Council has approved the purchase of
the three patrol cars. We are now requesting approval for the purchase of three four wheel
drive Ford Expeditions for the patrol fleet.
Discussion
The Police Department 2006/2007 budget provides for the purchase of six new vehicles
for the marked patrol fleet. The Department budgeted $143,000 for three four wheel drive
SUV vehicles and three sedans. The decision to add four wheel drive vehicles was made
after the heavy snows and blizzard in 2006 and the flood of 2005. The Department was
unable to respond to calls for service or patrol the City with marked patrol cars for a
significant amount of time during and after these storms.
The State bid for vehicles was received and the Department is recommending the
following purchases off the State bid from Anderson Ford of Grand Island:
Three 2007 Ford SSV Expeditions @ $25,865 each = $77,595.00
(State Contract # 11768)
The purchase of the three Expedition patrol vehicles is within the budget of the remaining
funds in the line item for patrol vehicles. The total cost of the purchase of the three
Crown Victoria patrol cars and three Expedition patrol four wheel drive SUVs is
$141,291.
Three Ford Crown Victoria sedans will be sold or traded in from the current fleet once
the new Expeditions are in service.
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 approve the purchase three Ford
Expeditions at $25,595 each off of the Nebraska State bid from Anderson Ford of Grand
Island
Sample Motion
Motion to approve the purchase of three Ford Expeditions at $25,595 each off of the State
of Nebraska bid list from Anderson Ford of Grand Island for total cost of $77,595.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
R E S O L U T I O N 2006-345
WHEREAS, the Police Department for the City of Grand Island budgeted $143,000.00 in
the 2006/2007 fiscal year to purchase six new vehicles; and
WHEREAS, said vehicles can be obtained from the State contract holder; and
WHEREAS, purchasing the vehicles from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicles is provided in the 2006/2007 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of three 2007 Ford SSV Expeditions
in the amount of $77,595.00 from the State contract holder, Anderson Ford of Grand Island, Nebraska, is
hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2006-346 - Approving Change Order No. 8 with Chief
Construction for Law Enforcement Center
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: November 28, 2006
Subject: Law Enforcement Center, Change Order #8
Item #’s: G-9
Presenter(s): Steven Lamken, Police Chief
Background
The bid for construction of the new law enforcement center was awarded to Chief
Construction for a cost of $7,406,080.00. Included in the bid was a contingency fund of
$150,000 for change orders that would be required during the project.
Discus sion
Change order #8 is a request to use alternative materials in the construction of the blood
drying rooms in the Evidence section of the Center for an additional cost of $3,337.40
The blood drying rooms require thorough cleaning after each use. The original materials
of painted concrete block and laminate doors is not as durable as the proposed alternate
materials. The additional costs for alternative materials will allow for easier cleaning and
will defer future maintenance costs to these rooms. Accepting Change Order #8 will
leave $146,893.24 in the original $150,000 contingency.
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 approve Change Order #8 with Chief
Construction at a cost of $3,337.40.
Sample Motion
Motion to approve Change Order #8 with Chief Construction at a cost of $3,337.40.for
the use of alternate materials in the construction of the blood drying rooms of the new
law enforcement center.
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
R E S O L U T I O N 2006-346
WHEREAS, on May 2, 2006, by Resolution 2006-151, the City of Grand Island awarded
a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law
Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and
WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000;
and
WHEREAS, on November 14, 2006, by Resolution 2006-337, the City of Grand Island
approved Change Order Nos. 4, 5 and 6 to modify door access control and hardware; and
WHEREAS, at this time it is necessary to change the materials used in the construction of
the blood drying rooms in the evidence section of the Law Enforcement Center; and
WHEREAS, such changes have been incorporated into Change Order No. 8, and will
result in a decrease the contingency fund by $3.337.40.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No.8 for the construction of the Law Enforcement Center to provide the
modification set out as follows:
Install alternate materials in the construction of the blood drying room in Evidence Section $3,337.40
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2006-347 - Approving Change Order No.1 to the Contract with
The Diamond Engineering Company for Construction of Street
Improvement District 1258; Extending Faidley Avenue west of
Diers Avenue an Additional Six Hundred Fifty Feet (650 Feet)
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Approving Change Order No.1 to the Contract with The
Diamond Engineering Company for Construction of
Street Improvement District 1258; Extending Faidley
Avenue West of Diers Avenue an Additional Six
Hundred Fifty Feet (650 Feet)
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
Any changes to a contract require council approval. The City Council awarded the bid for
construction of Street Improvement District 1258 to The Diamond Engineering Company
on April 11, 2006.
Discussion
The Engineering Division of the Public Works Department is submitting Change Order
No. 1 with changes resulting in a net $1,485.00 increase to the contract. Three items of
work were not in the contract. A manhole was in the area where the street was being
paved and had to be adjusted to grade. PCC Headers were added to the end of the new
Faidley Avenue paving and at the end of the new intersection return for Ridgewood
Avenue to protect the new concrete paving. A header at the end of the existing street had
to be removed to extend the paving.
Original Contract $157,886.40
A. Adjust Manhole to Grade 1 @ $225.00/ea $ 225.00
B. PCC Header 78.00 lf @ $13.00/lf $ 1,014.00
C. Remove Header 41.00 lf @ $6.00/lf $ 246.00
Revised Contract $ 159,371.40
The Adjust Manhole to grade item will be an assessed cost. The 41 feet long PCC Header
on Faidley Avenue is an assessed cost. The 37 feet long PCC Header on the intersection
return for Ridgewood Avenue will be a city cost by policy and past practice. The remove
header item will be a city cost by policy and past practice
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve Change Order No. 1.
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 authorizing the
Mayor to execute the change Order.
Sample Motion
Motion to approve Change Order No. 1 to the contract with The Diamond Engineering
Company for Street Improvement District 1258.
City of Grand Island CHANGE ORDER NO. 1
100 East 1st Street
Grand Island, Nebraska 68801
PROJECT: Street Improvement District 1258; Extending Faidley Avenue West of Diers
Avenue an Additional Six Hundred Fifty Feet (650)
CONTRACTOR: The Diamond Engineering Company, P.O. Box 1327, Grand Island, NE 68802
CONTRACT DATE: April 25, 2006 AMOUNT OF ORIGINAL CONTRACT: $157,886.40
You are directed to make the changes noted below in the subject contract:
1) Adjust Manhole to Grade (1.00 ea @ $225.00 = $225.00)
2) PCC Header (78.00 lf @ $13.00 / lf = $1,014.00)
3) Remove Header (41.00 lf @ $6.00 / lf = $246.00)
The changes result in the following adjustment of Contract Price and Contract Time:
Contract Price Prior to This Change Order ......................................................................................$ 157,886.40
Net Increase/Decrease Resulting from this Change Order ..............................................................$ 1,485.00
Revised Contract Price Including this Change Order .......................................................................$ 159,371.40
Contract Time Prior to This Change Order-Substantial Completion………………………….September 15, 2006
Net Increase Resulting from This Change Order ...................................................................................……... - 0 -
Current Contract Time Including this Change Order Phase I&II-Substantial Completion......September 15, 2006
Contractor The Diamond Engineering Company
By Date
Title
CITY OF GRAND ISLAND, NEBRASKA,
By Date
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
November 22, 2006 ¤ City Attorney
R E S O L U T I O N 2006-347
WHEREAS, on April 11, 2006, by Resolution 2006-111, the City of Grand Island
awarded the bid for Street Improvement District No. 1258 to The Diamond Engineering Company of
Grand Island, Nebraska, in the amount of $157,886.40; and
WHEREAS, it has been determined that modifications to the work to be performed by The
Diamond Engineering Company are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modification will increase the contract amount by $1,485.00
for a revised contract price of $159,371.40.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering
Company of Grand Island, Nebraska to provide the modification set out as follows:
Adjust Manhole to Grade…………………………………………………………………………$ 225.00
PCC Header……………………………………………………………………………………….$1,014.00
Remove Header……………………………………………………………………………………$ 246.00
Total....................................................................................................................................$1,485.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2006-348 - Approving Certificate of Final Completion for Street
Improvement District 1258; Extending Faidley Avenue west of
Diers Avenue an additional Six Hundred Fifty Feet (650 Feet)
Tuesday, November 28, 2006
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: November 28, 2006
Subject: Approving Certificate of Final Completion for Street
Improvement District 1258; Extending Faidley Avenue
West of Diers Avenue and Additional Six Hundred Fifty
Feet (650 Feet)
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
The contract for Street Improvement District 1258 was awarded to The Diamond
Engineering Company of Grand Island, NE on April 11, 2006. Work commenced on May
26, 2006 and was completed on October 3, 2006.
Discussion
Street Improvement District 1258 was completed in accordance with the terms,
conditions, and stipulations of the contract, plans, and the specifications. The project was
completed on schedule at a construction price of $179,224.90. Total cost of the project,
including contract administration, is $197,147.92. The bulk of the overruns were for the
construction of the intersection for Ridgewood Avenue to serve LaRue Subdivision at the
request of the developer and two (2) additional concrete letdown structures that were not
shown on the plans and had to be removed. Costs for the project break down as follows:
Original Bid $ 157,886.40
Overruns $ 19,853.50
Change Order No. 1 $ 1,485.00
Sub Total (Construction Price) $ 179,224.90
Additional Costs:
Contract Administration,
Engineering, and Publication Costs $ 17,922.49
Total Cost $ 197,147.39
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Certificate of Final Completion and schedule the Board
of Equalization hearing.
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 Certificate of Final
Completion and set the Board of Equalization date of December 19, 2006 for Street
Improvement District 1258.
Sample Motion
Motion to approve the Certificate of Final Completion and set the Board of Equalization
hearing.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
STREET IMPROVEMENT DISTRICT 1258
EXTENDING FAIDLEY AVENUE WEST OF DIERS AVENUE AN ADDITIONAL
SIX HUNDRED FIFTY FEET (650 FEET)
CITY OF GRAND ISLAND, NEBRASKA
NOVEMBER 28, 2006
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1258 has been fully
completed by The Diamond Engineering Company of Grand Island, NE under the contract dated April
25, 2006. The construction of this Street Improvement District was completed in accordance with the
terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the
specifications. The work regarding this Street Improvement District is hereby accepted for the City of
Grand Island, Nebraska, by me, Steven P. Riehle, City Engineer, Public Works Director, in accordance
with the provisions of Section 16-650 R.R.S., 1943.
District No. 1258, Extending Faidley Avenue West of Diers Avenue an Additional
Six Hundred Fifty Feet (650 Feet)
Final Quantities-Street Improvement District No. 1258
Faidley Avenue from Moores Creek Drain to 650' West
Bids Opened 3/21/06
Diamond Engineering
Final
Item Description Quantity Unit Bid Price Total Price
1 PCC Pavement, 9" 3543.46 sy $ 29.70 $105,240.76
2 6" PCC Integral Curb 1485.46 lf $ 1.60 $ 2,376.74
3 Construct Ditch ( Est. 2437.1 cy ) 1 ls $44,000.00 $ 44,000.00
4 Seeding, Fertilizing, and Mulching 1.50 ac $ 2,230.00 $ 3,345.00
5 Type "D" Mod. Inlet 2.00 ea $ 1,450.00 $ 2,900.00
6 15" RCP, Cls. III 0.00 lf $ 31.45 $ -
7 18" RCP, Cls. III 98.00 lf $ 38.20 $ 3,743.60
8 24" RCP, Cls. III 48.00 lf $ 49.35 $ 2,368.80
9 18" RCP Flared End 2.00 ea $ 600.00 $ 1,200.00
10 Relocate 24" RCP Flared End 1.00 ea $ 185.00 $ 185.00
11 Remove Conc. Letdown Structure 3.00 ea $ 2,315.00 $ 6,945.00
12 Const. Single Conc. Letdown Structure 1.00 ea $ 2,455.00 $ 2,455.00
13 Const. Double Letdown Structure 1.00 ea $ 2,980.00 $ 2,980.00
Change Order NO. 1
Adjust manhole to Grade 1.00 ea $ 225.00 $ 225.00
PCC header 78.00 lf $ 13.00 $ 1,014.00
Remove Header 41.00 lf $ 6.00 $ 246.00
Total Construction Cost $179,224.90
Engineering & Publication Costs- 10% $ 17,922.49
P.O. for Grade Stakes-Diamond Engr. 1 ls $ 1,800.00 $ 1,800.00
City Engineering less P.O. $ 16,122.49
Total District Cost $197,147.39
Respectfully submitted,
Steven P. Riehle
City Engineer / Public Works Director
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
November 28, 2006
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement
District No. 1258, be approved.
I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from
Account No. 40033525-90049 in the amount of $333.85 ($16,122.49 less $15,788.64 previously credited).
I further recommend that the City Council sit as the Board of Equalization on December 19, 2006 to
determine benefits and levy special assessments.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-348
WHEREAS, the City Engineer / Public Works Director for the City of Grand Island has
issued a Certificate of Final Completion for Street Improvement District No. 1258 extending Faidley
Avenue West of Diers Avenue an additional six hundred fifty feet (650’), certifying that The Diamond
Engineering Company of Grand Island, Nebraska, under contract dated April 11, 2006, has completed
such project according to the terms, conditions, and stipulations for such improvements; and
WHEREAS, the City Engineer / Public Works Director recommends the acceptance of the
district; and
WHEREAS, the Mayor concurs with the City Engineer / Public Works Director's
recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City Engineer / Public Works Director's Certificate of Final Completion for Street
Improvement District No. 1258 is hereby confirmed.
2. The City Council will sit as a Board of Equalization on December 19, 2006 to determine benefits
and set assessments for Street Improvement District No. 1258.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2006-349 - Approving Acquisition of Utility Easement - 3203
Frontage Road - (Webb Rd. & Hwy. 30) - GI Commercial
Ventures, LLC
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-349
WHEREAS, a public utility easement is required by the City of Grand Island, from Grand
Island Commercial Ventures, LLC, a limited liability company, to install, upgrade, maintain, and repair
public utilities and appurtenances; and
WHEREAS, a public hearing was held on November 28, 2006, for the purpose of
discussing the proposed acquisition of an easement located in part of Lot Three (3) Commercial Industrial
Park Fifth Subdivision located in the City of Grand Island, Hall County, Nebraska, the easement being
more particularly described as follows:
The easterly twenty (20.0) feet of the northerly twenty (20.0) feet of Lot Three (3)
Commercial Industrial Park Fifth Subdivision.
The above-described easement and right-of-way containing a total of 400 square feet,
more or less, as shown on the plat dated November 16, 2006, marked Exhibit “A”,
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Grand Island Commercial Ventures, LLC, a limited
liability company, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2006-350 - Approving Acquisition of Utility Easement - 1312 Sky
Park Road - Central Nebraska Humane Society
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-350
WHEREAS, a public utility easement is required by the City of Grand Island, from the
Central Nebraska Humane Society, Inc., to install, upgrade, maintain, and repair public utilities and
appurtenances; and
WHEREAS, a public hearing was held on November 28, 2006, for the purpose of
discussing the proposed acquisition of an easement located in Frank P. Bark’s Subdivision No. 3, in the
City of Grand Island, Hall County, Nebraska, the southerly line of the ten (10.0) foot wide utility easement,
being more particularly described as follows:
Beginning at a point on the westerly right-of-way line of Sky Park Road, said point
being twenty three (23.0) feet south of the southeast corner of Lot Forty (40) Frank P.
Barks’ Subdivision No. 3, being a point on the northerly line of an existing easement;
thence westerly, parallel with the northerly line of vacated Jerry Street, as described in
City of Grand Island Ordinance No. 8258, a distance of two hundred ninety (290.0)
feet.
The above-described easement and right-of-way containing a total of 0.067 acres, more or
less, as shown on the plat dated 11/17/2006, marked Exhibit "A" attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from the Central Nebraska Humane Society, Inc., on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2006-351 - Approving Amendment to Redevelopment Plan for
Blighted and Substandard Area #2 for Southeast Crossings LLC
for a Commercial Center to be Located at 939 South Locust Street
(Ray O'Connor)
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
November 21, 2006 ¤ City Attorney
R E S O L U T I O N 2006-351
WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class,
has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City
which are determined to be substandard and blighted and in need of redevelopment; and
WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska
Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements and procedures for
the planning and implementation of redevelopment projects; and
WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be
substandard and blighted and in need of redevelopment pursuant to the Act; and
WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the
"Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and
recommended the Redevelopment Plan to the Planning Commission of the City; and
WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to
the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and
WHEREAS, following consideration of the recommendations of the Authority to the Planning
Commission, the recommendations of the Planning Commission to the City, and following the public hearing
with respect to the Redevelopment Plan, the City approved the Plan; and
WHEREAS, there has been presented to the City by the Authority for approval a specific
Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such
project to be the development of and expansion of commercial retail space at 939 South Locust in Grand
Island, Hall County, Nebraska; and
WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant
to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal
to amend the Redevelopment Plan to include the Redevelopment Project described above.
NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska:
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1. The Redevelopment Plan of the City approved for Redevelopment Area No.2 in the city of Grand
Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby
determined to be feasible and in conformity with the general plan for the development of the City of
Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project
identified above, is in conformity with the legislative declarations and determinations set forth in the
Act; and it is hereby found and determined, based on the analysis conducted by the Authority, that
(a) the redevelopment project in the plan would not be economically feasible without the use of tax-
increment financing, (b) the redevelopment project would not occur in the community
redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the
redevelopment project, including costs and benefits to other affected political subdivisions, the
economy of the community, and the demand for public and private services have been analyzed by
the City and have been found to be in the long-term best interest of the community impacted by the
redevelopment project. The City acknowledges receipt of notice of intent to enter into the
Redevelopment Contract in accordance with Section 18-2119 of the Act and of the
recommendations of the Authority and the Planning Commission with respect to the Redevelopment
Contract.
2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this
Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in
accordance with the Act.
3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the
Redevelopment Project included or authorized in the Plan which is described above shall be
divided, for a period not to exceed 15 years after the effective date of this provision, which effective
date shall be December 1, 2006 as follows:
a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year
by or for each public body upon the Redevelopment Project Valuation (as defined in the
Act) shall be paid into the funds of each such public body in the same proportion as all
other taxes collected by or for the bodies; and
b. That proportion of the ad valorem tax on real property in the Redevelopment Project in
excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid
into a special fund of the Authority to pay the principal of, the interest on, and any
premiums due in connection with the bonds, loans, notes or advances of money to, or
indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such
Authority for financing or refinancing, in whole or in part, such Redevelopment Project.
When such bonds, loans, notes, advances of money, or indebtedness, including interest and
premium due have been paid, the Authority shall so notify the County Assessor and County
Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall
be paid into the funds of the respective public bodies.
- 3 -
c. The Mayor and City Clerk are authorized and directed to execute and file with the
Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of
Pledge of Taxes with respect to each Redevelopment Project.
4. The City hereby finds and determines that the proposed land uses and building requirements in the
Redevelopment Area are designed with the general purposes of accomplishing, in accordance with
the general plan for development of the City, a coordinated, adjusted and harmonious development
of the City and its environs which will, in accordance with present and future needs, promote health,
safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and
economy in the process of development; including, among other things, adequate provision for
traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate
provision for light and air, the promotion of a healthful and convenient distribution of population, the
provision of adequate transportation, water, sewerage, and other public utilities, schools, parks,
recreation and community facilities, and other public requirements, the promotion of sound design
and arrangement, the wise and efficient expenditure of public funds, and the prevention of the
recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 28, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of November 15,
2006 through November 28, 2006
The Claims for the period of November 15, 2006 through November 28, 2006 for a total
amount of $3,595,772.77. A MOTION is in order.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Library Expansion for the
Period of November 15, 2006 through November 28, 2006
The Claims for the Library Expansion for the period of November 15, 2006 through
November 28, 2006 for the following requisitions.
#44 $1,250.00
A MOTION is in order.
Tuesday, November 28, 2006
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council