03-13-2007 City Council Regular Meeting PacketCity of Grand Island
Tuesday, March 13, 2007
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Vacant
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Tom Brown
Carole Cornelius
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
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 John Hays, Grace Baptist Church, 1115 South Vine 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
Recognition of Life Saving Efforts by Celine Stahlnecker, Library
Employee
The Mayor and City Council will recognize the life saving efforts of Celine Stahlnecker a
Library employee. On Tuesday, February 20, 2007, Ms. Stahlnecker performed the Heimlich
Maneuver on fellow employee Patsy Arnold who was choking. The quick actions were
invaluable to save the life of Ms. Arnold. We congratulate Celine on her heroic efforts in this
life saving event.
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Mayor Margaret Hornady
City of Grand Island City Council
Item E1
Public Hearing on Re-Adopting the City of Grand Island Official
Zoning Map
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 13, 2007
Subject: Re-adoption City of Grand Island Zoning Map
Item #’s: E-1 & G-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning the re-adoption of the City of Grand Island Zoning Map, as produced using
the Hall County Geographic Information System as the official zoning map for the City
of Grand Island.
Discussion
At the regular meeting of the Regional Planning Commission, held February 7, 2007, the
above item was considered following a public hearing. This map will be used as the
official map to show zoning, the Grand Island City Limit Lines and 2 mile extraterritorial
jurisdiction incorporating all annexation and zoning actions since this map became
official on March 7, 2006.
Included below you will find the Planning Directors report to the Planning Commission
on this item with a summary of the changes.
On March 7, 2006 the Grand Island City Council approved using a map produced from
the Hall County GIS as the official zoning map for the City of Grand Island based on the
2004 Comprehensive Plan for the City of Grand Island with all changes to the map as
approved through March 1, 2006. As a matter of course, the City of Grand Island
occasionally re-adopts the zoning map incorporating all changes since the last re-
adoption of the entire map along with other changes as recommended by staff and the
Hall County Regional Planning Commission. This will allow a newly revised and
adopted copy of the map to be printed for official use by Council, staff and the general
public. This hearing is being held for that purpose. This map will also serve to give notice
to all parties that the Grand Island City limits and 2 mile extraterritorial jurisdiction is as
shown on the map.
The following chart shows the changes that have been approved by the Regional
Planning Commission and the Grand Island City Council since March 1, 2006 including
proposed changes through February 28, 2007.
Id FILEDATE ORDINANCE CHANGE LEGAL CASE
1 11/28/2006 9095 RD to B2 Ponderosa Village C-3-2007GI
2 10/24/2006 9085 RD to R4 Cedar Ridge Third C-2-2007GI
3 10/24/2006 9084 RO to RD
Francis Second
Subdivision C-1-2007GI
4 9/26/2006 9079
R1 and R4 to R1, R4
and RO Sterling Estates
C-22-
2006GI
5 8/22/2006 9063 B2 to RD Pedcor Apartments
C-21-
2006GI
6 7/25/2006 9054 B2 and RO to RD Francis Subdivision
C-20-
2006GI
7 6/27/2006 9052 LLR to R1
Springdale
Subdivision
C-17-
2006GI
8 6/27/2006 9051 LLR to M2
Part of the SW 1/4 of
the SW 1/4 , Sec. 14,
11, 9
C-16-
2006GI
9 3/28/2006 9035 TA to CD
Ewoldt Addition
(Ponderosa Point) C-3-2006GI
10 1/23/2007 9105 LLR to RO Good Samaritan
C-33-
2005GI
11 1/9/2007 9100 TA and AG2 to M2
Part of the E 1/2 of
5,10, 9 and the SW 1/4
of 4,10,9 C-5-2007GI
The changes shown on this chart are represented on the new version of the Grand Island
Zoning map. A map delineating the location of these changes is attached.
The only addition to the City of Grand Island that will or did impact the city limits lines
and/or the extraterritorial jurisdiction is the industrial property and power plant
annexation to the southeast. This annexation should be completed concurrent with the
adoption of this map. The Grand Island ETJ is being extended to include this additional
property consistent with the policy statements for annexation in the Grand Island
Comprehensive Plan. All additional property included in will be zoned consistent with its
current use and zoning according to Hall County based on the zoning conversion matrix
shown below.
Hall County Zoning Grand Island Zoning
AG-1 AG-2
AG-R AG-2
RC B2
This property is shown on the Proposed Annexation Location Map as Attached.
The following areas approved for annexation by the Grand Island City Council between
February 28, 2006 and February 28, 2007. See Attached Map
ID ORDINANCE LEGAL COMMENTS
1 9078 Part of the SE ¼ of Sec, 4,11,9
Capital Ave. East of BNSF
Rail
2 9032 Ewoldt Addition
US 281 and Husker
Highway
ANALYSIS
Staff is not recommending any changes to the Grand Island Zoning Map other than the
one change to increase the extraterritorial jurisdiction due to the annexation. The
extended jurisdiction and annexation is scheduled for approval by Council at their
meeting on March 13th. All of the changes mentioned herein have been previously
approved by the Grand Island City Council after proper notice and hearing. This map
serves to notify any and all interested parties of the current boundaries of the City of
Grand Island, the extents of the extraterritorial jurisdiction for the City of Grand Island
and the zoning of property within the jurisdiction of the City of Grand Island.
No members of the public spoke in favor or opposed to the zoning map.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Grand Island Zoning Map as presented
2. Modify the Grand Island Zoning Map to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Ruge 2nd by Eriksen to approve the Grand Island Zoning Map as
presented.
A roll call vote was taken and the motion passed with 10 members present (Amick,
Reynolds, O’Neill, Monter, Niemann, Miller, Eriksen, Ruge, Hayes, Snodgrass) voting in
favor.
Sample Motion
Approve the adoption of the Grand Island Zoning Map.
Item E2
Public Hearing on Acquisition of Utility Easement Located South
of State Street and East of North Road (Little B's Corporation)
Tuesday, March 13, 2007
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: March 13, 2007
Subject: Acquisition of Utility Easement – South of State Street
and East of North Road – Little B’s Corporation
Item #’s: E-2 & G-5
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 Little B’s Corporation, located south of State Street and east of North Road, in the City
of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and
repair water mains.
Discussion
This easement will be used to construct water mains from the existing main in
Summerfield Avenue to complete the loop to State Street. This will allow the
Summerfield Subdivision to continue expansion to the north. The easement will be within
the future street right-of-way.
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
#9108 - Consideration of Annexation of Property Located Between
the East Side of the Platte Valley Industrial Park and South Locust
Street and Between Wildwood Drive and Schimmer Drive (Third
Reading)
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 13, 2007
Subject: Annexation - Third Reading
Item #’s: F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
A request has been received to consider annexation of property located east of the Platte
Valley Industrial Park in the E 1/2 of Section 5, Township 10 North, Range 9 West of the
6th PM and in the SW 1/2 of Section 4, Township 10 North, Range 9 West of the 6th PM
located between Wildwood Drive and Schimmer Drive on both sides of Blaine Street.
The Grand Island Area Economic Development Corporation has secured options on or
owns the property in the E 1/2 of 5-10-9; Tom and Carlotta Hartman own the SW 1/4 of
4-10-9; together they are requesting this annexation in anticipation of industrial
development. This property is contiguous with the Grand Island Municipal limits on its
western border. City Administration is also suggest that the Platte Generating Station
located south of Wildwood Drive between Blaine Street and South Locust Street also be
annexed at this time. Annexation of these properties will allow the extension of the
zoning jurisdiction of the city as shown on the attached map.
Discussion
This property is contiguous with the Grand Island City Limits. The owner has requested
this annexation.
This property is within the Grand Island Utilities Electrical Service District. This
property appears to be in the Consolidated District 272 (Northwest and Cedar Hollow).
This annexation will impact the two-mile extraterritorial jurisdiction of Grand Island. The
attached map shows the impact this will have on the jurisdiction of the City of Grand
Island. The increased jurisdiction gives the City more control over uses that could impact
the well fields. A revised zoning map with the proposed zoning for areas not currently in
the City jurisdiction will be considered by the Planning Commission at the February
meeting and should be available for adoption by Council at the same time as the final
annexation reading for this property.
The public hearing was set and the annexation plan presented to the City Council at the
January 9, 2007 City Council Meeting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the annexation as presented
2. Modify the annexation to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Haskins, and seconded by Brown, to recommend the annexation
of the above mentioned property as presented.
A roll call vote was taken and the motion passed with 11 members present (Miller,
O’Neill, Ruge, Haskins, Snodgrass, Amick, Brown, Niemann, Reynolds, Monter,
Eriksen) voting in favor.
Sample Motion
Approve the annexation as Sub mitted.
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
ORDINANCE NO. 9108
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land located east of the Platte
Valley Industrial Park in the East Half (E 1/2) of Section Five (5), Township Ten (10) North,
Range Nine (9), West of the Sixth P.M. and in the Southwest Half (SW 1/2) of Section Four (4),
Township Ten (10) North, Range Nine (9), West of the 6th P.M. in Hall County, Nebraska; to
provide service benefits thereto; ; to repeal any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
WHEREAS, after public hearing on January 3, 2007, the Regional Planning
Commission recommended the approval of annexing into the City of Grand Island, the following
tracts of land:
Annexation Area 1:
Beginning at the Southeast Corner of Lot Sixteen (16), Scheel’s Subdivision; thence South on an
extension of the East Line of Scheel’s Subdivision, said line also being the East Line of Platte
Valley Industrial Park Third Subdivision to a point being the Southeast Corner of Lot Seven (7),
Platte Valley Industrial Park Third Subdivision; thence East on a line being the South Line of the
Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of Section Five (5), Township Ten
(10), Range Nine (9) West of the Sixth P.M.; and a prolongation thereof to the Southeast Corner
of said Northwest Quarter of the Southeast Quarter (NW¼ SE¼) of Section Five (5), Township
Ten (10), Range Nine (9) West of the Sixth P.M.; thence South on the West Line of the
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 9108 (Cont.)
- 2 -
Southeast Quarter of the Southeast Quarter (SE¼ SE¼) of Section Five (5), Township Ten (10),
Range Nine (9) West of the Sixth P.M.; and a prolongation thereof to a point Thirty Three Feet
(33’) South of the North Line of Section Eight (8), Township Ten (10), Range Nine (9) West of
the Sixth P.M.; Thence East on a line Thirty Three Feet (33’) South of and parallel to the North
Line of Section Eight (8), Township Ten (10), Range Nine (9) West of the Sixth P.M. to a point
on the East Line of Section Eight (8), Township Ten (10), Range Nine (9) West of the Sixth
P.M.; said point being Thirty Three Feet (33’) South of the Northeast Corner of said Section
Eight (8), Township Ten (10), Range Nine (9) West of the Sixth P.M.; thence continuing East on
a line Thirty Three Feet (33’) South of and parallel to the North Line of Section Nine (9),
Township Ten (10), Range Nine (9), West of the Sixth P.M. to a point on the East Line of the
Northwest Quarter (NW¼) of Section Nine (9), Township Ten (10), Range Nine (9), West of the
Sixth P.M.; said point being Thirty Three Feet (33’) South of the Northeast Corner of the
Northwest Quarter (NW¼); thence North on the East Line of the Northwest Quarter (NW¼) of
Section Nine (9), Township Ten (10), Range Nine (9), West of the Sixth P.M.; and the East Line
of Southwest Quarter (SW¼) of Section Four (4), Township Ten (10), Range Nine (9), West of
the Sixth P.M.; to the Northeast Corner of the Southwest Quarter (SW¼) of Section Four (4),
Township Ten (10), Range Nine (9); thence West on the North Line of the Southwest Quarter
(SW¼) of Section Four (4), Township Ten (10), Range Nine (9), West of the Sixth P.M.; to a
point Thirty Three Feet (33’) East of the Northwest Corner of the Southwest Quarter (NW¼
SW¼) of Section Four (4), Township Ten (10), Range Nine (9), West of the Sixth P.M.; thence
North on a line Thirty Three Feet (33’) East of and parallel to the West Line of Section Four (4),
Township Ten (10), Range Nine (9), West of the Sixth P.M.; to a Point Thirty Three Feet (33’)
North of and Thirty Three Feet (33’) East of the Northwest Corner of Section Four (4),
Township Ten (10), Range Nine (9), West of the Sixth P.M.; thence West on a Line Thirty Three
Feet (33’) North of and parallel to the North Line of Sections Four (4), Township Ten (10),
Range Nine (9), West of the Sixth P.M. and Section Five (5), Township Ten (10), Range Nine
(9), West of the Sixth P.M., to the Point of Beginning.
Annexation Area 2:
Beginning at a point Thirty Three Feet (33’) West of and Thirty Three Feet (33’) North of the
Northeast Corner of Section Eight (8), Township Ten (10), Range (9), West of the Sixth P.M.;
thence South on a line Thirty Three Feet (33’) West of and parallel to the East Line of Section
Eight (8), Township Ten (10), Range (9), West of the Sixth P.M. to a point on the South Line of
the Northeast Quarter (NE¼) of Section Eight (8), Township Ten (10), Range (9), West of the
Sixth P.M.; said point being Thirty Three Feet (33’) West of the Southeast Corner of the
Northeast Quarter (NE¼) of Section Eight (8), Township Ten (10), Range Nine (9), West of the
Sixth P.M.; thence East on the South Line of the Northeast Quarter (NE¼) of Section Eight (8)
and the South Line of the Northwest Quarter (NW¼) and the Northeast Quarter (NE¼) of
Section Nine (9), Township Ten (10), Range Nine (9), West of the Sixth P.M.; and a
prolongation thereof to a point One Hundred Thirty Two and Fifteen Hundredths Feet (132.15’)
East of the Southwest Corner of the Northwest Quarter (NW¼) of Section Ten (10), Township
Ten (10), Range Nine (9), West of the Sixth P.M.; thence Northerly a distance of Two Thousand
Sixty Eight and Twenty Two Hundredths Feet (2,068.22’) to a point, thence Northerly a distance
of One Hundred Ninety Five and Three Hundredths Feet (195.3’) to a point; thence Northerly a
distance of Three Hundred Forty Five and Ninety Seven Hundredths Feet (345.97’) to the South
ORDINANCE NO. 9108 (Cont.)
- 3 -
Line of Wildwood Drive; thence continuing North on a line to a Point Thirty Three Feet (33’)
North of and One Hundred Forty and Eighty Five Hundredths Feet (140.85’) East of the
Southwest Corner of Section Three (3), Township Ten (10), Range Nine (9), West of the Sixth
P.M.; thence West on a Line Thirty Three Feet (33’) North of an parallel to the South Line of
Section Three (3), Township Ten (10), Range Nine (9), West of the Sixth P.M., and Section Four
(4), Township Ten (10), Range Nine (9), West of the Sixth P.M., to the Point of Beginning.
WHEREAS, such ordinance was approved on first reading on February 13, 2007;
and
WHEREAS, such ordinance was approved on second reading on February 27,
2007.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the above described tracts of land are hereby annexed into the
City of Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to
all the laws, ordinances, rules, and regulations of the City of Grand Island.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. 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: March 13, 2007.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Receipt of Official Document - Tort Claim Filed by STL
Transportation
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, City Attorney
Meeting: March 13, 2007
Subject: Tort Claim – STL Transportation
Item #’s: G-1
Presenter(s): Dale M. Shotkoski, City Attorney
Background
The City of Grand Island has received a Notice of Tort Claim on behalf of STL
Transportation, alleging certain claims in connection with an incident which occurred on
December 31, 2006, on Highway 30 outside of Grand Island. While dark, a truck driver
for STL Transportation struck a live power line that was hanging low over the roadway,
sustaining damages.
Without getting into issues concerning the City’s and other parties’ liability, and whether
the claim of STL Transportation, is fair and reasonable, we are simply providing a copy
of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims
Act.
For a person to assert a tort claim against the City of Grand Island, a written notice of the
claim must be filed with the City clerk, Secretary or other official responsible for keeping
official records. The claim must be filed within one year of the accrual of the claim, and
the Council has six months to act on the claim. No suit can be filed until after the Council
acts on the claim, or the six months has run.
Historically, the City of Grand Island has simply let the six months run. Not all claims
result in a suit being filed, so it makes good sense to not act affirmatively in many
instances. In any event, if you wish to look further into this claim, please contact the City
Administrator’s office or the City Attorney, and we will provide you with the information
which we have in connection with the claim. Our recommendation is to continue to take
no affirmative action on tort claims. It must be emphasized that by providing copies of
alleged claims to you, we are not making an admission or representation that a claim has
been properly filed in any respect. We also recommend that no comments concerning a
particular claim be made during Council meetings, unless you decide to bring the matter
on for formal consideration. Even then, we ask that comments be carefully considered so
that the legal rights of all parties are preserved.
Discussion
This is not an item for council action other than to simply acknowledge that the claim has
been received.
Recommendation
City Administration recommends that the Council take no action other than acknowledge
receipt of the claim.
Sample Motion
Motion to approve acknowledgement of the Tort Claim filed by STL Transportation.
Item G2
Approving Minutes of February 27, 2007 City Council Regular
Meeting
Tuesday, March 13, 2007
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
February 27, 2007
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 February 27, 2007. Notice of the meeting was given in The Grand Island Independent
on February 21, 2007.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember’s Pielstick, Walker, Cornelius, Nickerson, Gericke,
Brown, Gilbert, Whitesides, Haase, and Meyer. The following City Officials were present: City
Clerk RaNae Edwards, City Attorney Dale Shotkoski, Finance Director David Springer, and
Public Works Director Steve Riehle.
INVOCATION was given by Pastor Paul Hofrichter, Evangelical Free Church, 2609 South
Blaine Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council
members Taylor O’Boyle and Amber Moreno. Mentioned was the Lipizzaner Stallions at the
Heartland Events Center, Wednesday, February 28, 2007.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Scott Arnold, Police Officer for 25 Years of Service with the City. Mayor
Hornady and the City Council recognized Police Officer Scott Arnold for his 25 years of service
with the City. Officer Arnold was not present for the presentation due to sickness. Chief Lamken
will see that he receives the certificate.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located along the East Side of 940 N. Webb
Road (JLF, LLC). Gary Mader, Utilities Director reported that acquisition of a utility easement
located along the east side of 940 N. Webb Road, east of Home Depot was needed in order to
have access to install, upgrade, maintain, and repair all utilities, but specifically water mains.
This easement would be used to place a water main on the west side of Webb Road to provide
water service to Lots 10, 11 & 13 of Meadowlark Fourth Subdivision. No public testimony was
heard.
Public Hearing Concerning Acquisition of Utility Easement Located along the East Side of 1002
N. Webb Road (Allen Webb Road, LLC). Gary Mader, Utilities Director reported that
acquisition of a utility easement located along the east side of 1002 N. Webb Road, east of Home
Depot was needed in order to have access to install, upgrade, maintain, and repair all utilities, but
specifically water mains. This easement would be used to place a water main on the west side of
Webb Road to provide water service to Lots 10, 11 & 13 of Meadowlark Fourth Subdivision. No
public testimony was heard.
Page 2, City Council Regular Meeting, February 27, 2007
Public Hearing Concerning Acquisition of Utility Easement Located along the East Side of 820
N. Webb Road (Allen Phase III, LLC). Gary Mader, Utilities Director reported that acquisition
of a utility easement located along the east side of 820 N. Webb Road, east of Home Depot was
needed in order to have access to install, upgrade, maintain, and repair all utilities, but
specifically water mains. This easement would be used to place a water main on the west side of
Webb Road to provide water service to Lots 10, 11 & 13 of Meadowlark Fourth Subdivision. No
public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located Between 13th Street and State
Street, West of the Moores Creek Drainway (Shafer Commercial Properties, LLC) Steve Riehle,
Public Works Director reported that acquisition of a public utility easement between 13th Street
and State Street, west of the Moores Creek Drainway was needed in order to have access to
public sanitary sewer. No public testimony was heard.
ORDINANCES:
#9108 – Consideration of Annexation of Property Located Between the East Side of the
Platte Valley Industrial Park and South Locust Street and Between Wildwood Drive and
Schimmer Drive (Second Reading)
Chad Nabity, Regional Planning Director reported Ordinance #9108 related to the
aforementioned Public Hearing and this was the second of three readings.
Motion by Pielstick, second by Whitesides to approve Ordinance #9108 on second reading.
Upon roll call vote, all voted aye. Motion adopted.
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#9109 – Consideration of Amendments to Chapter 5 of the Grand Island City Code
Relative to Animals
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert
second the motion. Upon roll call vote, all voted aye. Motion adopted.
Dale Shotkoski, City Attorney reported that Chapter 5 of the Grand Island City Code – Animals
needed a couple of minor changes. Section 5-8 and 5-9 would change “Humane Society” to the
“Health Department”.
Motion by Gilbert, second by Meyer to approve Ordinance #9109.
City Clerk: Ordinance #9109 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Page 3, City Council Regular Meeting, February 27, 2007
City Clerk: Ordinance #9109 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9109 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Gilbbert, second by Pielstick to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of February 13, 2007 City Council Regular Meeting.
#2007-40 – Approving Acquisition of Utility Easement Located Along the East Side of 940 N.
Webb Road (JLF, LLC).
#2007-41 – Approving Acquisition of Utility Easement Located Along the East Side of 1002 N.
Webb Road (Allen Webb Road, LLC).
#2007-42 – Approving Acquisition of Utility Easement Along the East Side of 820 N. Webb
Road (Allen Phase III, LLC).
#2007-43 – Approving Bid Award for Water Main District 455 – Park-View Subdivision with
The Starostka Group, Inc. of Grand Island, Nebraska in an Amount of $219,862.80.
#2007-44 – Approving Bid Award for Air Heater Baskets & Seals – Platte Generating Station
with Alstom Power, Inc. of Wellsville, New York in an Amount of $192,139.00.
#2007-45 – Approving Bid Award for Mobile Data Systems & Mobile Digital Video Systems
with Data911 Mobile Computer Systems of Chesterfield, Missouri in an Amount of $40,856.16.
#2007-46 – Approving Change Order #4 for Fire Station #1 Construction with Tri Valley
Builders, Inc. of Grand Island, Nebraska in a Decreased Amount of $656.00 and a Revised
Contract Amount of $2,396,055.00.
#2007-47 – Approving Acquisition of Public Utility Easement Located Between 13th Street and
State Street, West of the Moores Creek Drainway (Shafer Commercial Properties, LLC).
#2007-48 – Approving Final Application for Safe Routes to Schools Project – Walnut Middle
School.
#2007-49 – Approving Bid Award for Traffic Signal Project #2006-TS-1 (US Highway 30 and
Public Safety Drive) with Ensley Electrical Services, Inc. of Grand Island, Nebraska in an
Amount of $85,835.60.
#2007-50 – Approving Bid Award for Five Copier/Printer/Scanners with Modern Methods of
Grand Island, Nebraska in an Amount of $1,557.00 per month.
REQUESTS AND REFERRALS:
Page 4, City Council Regular Meeting, February 27, 2007
Consideration of Request from Humberto Macias, 1420 North Piper Street Relative to Chapter
32 of the Grand Island City Code Regarding Street Vendors and Solicitor Business Hours.
Humberto Macias, 1420 North Piper requested through interpreter Jasmine Ruiz, 412 North
Cleburn Street asking the City Council to extend the hours for street vendors and solicitors in
City Code Section 32-46 from 8:00 a.m. to 2:00 a.m.
Discussion was held concerning residential areas and the affect of having vendors there until
2:00 a.m.
Motion was made by Meyer, second by Whitesides to deny the request. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Nickerson to approve the Claims for the period of February 14,
2007 through February 27, 2007, for a total amount of $2,450,990.82. Motion adopted
unanimously.
Motion by Cornelius, second by Nickerson to approve the following Claim for the Library
Expansion for the period of February 14, 2007 through February 27, 2007:
#53 $3,642.69
Questions were answered concerning the amount for mileage and rooms.
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 7:30 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Preliminary Plat for Woodland Park Fifth Subdivision
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 13, 2007
Subject: Woodland Park Fifth Subdivision – Preliminary Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This preliminary plat proposes to create 45 lots on a tract of land located in the West Half
of the Southeast Quarter of Section Two, Township Eleven North, Range Ten West of the
6th P.M., Grand Island, Hall County, Nebraska. This land consists of approximately 9.28
acres. City sewer and water is available to the property and will be extended to serve all
lots. The proposed streets are 37 foot concrete curb and gutter standard city streets.
Discussion
The preliminary plat for Woodland Park Fifth Subdivision was considered by the
Regional Planning Commission at the March 7, 2007 meeting. A motion was made by
Miller and seconded by Reynolds to approve the plat contingent on storm sewer
installation in the Independence Avenue ditch, cons istent with the original preliminary
plat. A roll call vote was taken and the motion carried with 8 members present voting in
favor (Eriksen, Miller, O’Neill, Ruge, 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 preliminary plat
contingent on storm sewer installation in the Independence Avenue ditch consistent with
the original preliminary plat.
Sample Motion
Motion to approve as recommended.
Item G4
#2007-51 - Approving Re-Adopting the City of Grand Island
Official Zoning Map
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-51
WHEREAS, the Mayor and City Council of the City of Grand Island are committed to the
orderly plan necessary to accommodate future growth and transportation needs; and
WHEREAS, on July 13, 2004, by Resolution 2004-154, the City of Grand Island
approved and adopted the Official Zoning Map as prepared by the firm of JEO Consulting, Inc. of Wahoo,
Nebraska; and
WHEREAS, on March 7, 2006, by Resolution 2006-67, the City Council approved the
use of a map produced from the Hall County GIS as the official zoning map for the City of Grand Island
based on the 2004 comprehensive plan of JEO consulting, Inc.; and
WHEREAS, numerous changes and amendments to the Plan have been approved since its
re-adoption on March 7, 2006; and
WHEREAS, on February 7, 2007, the Regional Planning Commission held a public hearing
on such issue, and recommended approval of such updated plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby approves and
adopts the Official Zoning Map incorporating changes made since its re-adoption in 2006.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2007-52 - Approving Acquisition of Utility Easement Located
South of State Street and East of North Road (Little B's
Corporation)
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-52
WHEREAS, a public utility easement is required by the City of Grand Island, from Little
B’s Corporation, , to install, upgrade, maintain, and repair public utilities and appurtenances; and
WHEREAS, a public hearing was held on March 13, 2007, for the purpose of discussing
the proposed acquisition of an easement located in a part of the West Half of the Southwest Quarter (W ½
SW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the
City of Grand Island, Hall County, Nebraska, being more particularly described as follows:
Commencing at the northwest corner of Lot Five (5) Block Three (3) Summerfield Estates
Seventh Subdivision in the City of Grand Island, Hall County, Nebraska; thence on an
assumed bearing of N89°51'53"W along the north line of said Summerfield Estates Seventh
Subdivision, a distance of twenty (20.0) feet to the Actual point of beginning; thence
continuing along the north line of said Summerfield Estates Seventh Subdivision
N89°51'53"W, a distance of forty (40.0) feet to the northeast corner of Lot Twenty-five
(25) Block One (1) said Summerfield Estates Seventh Subdivision; thence N00°08'09"E, a
distance of eleven and eighty-seven hundredths (11.87) feet to a point of curvature; thence
around a curve in a counter-clockwise direction having a delta angle of 117°12'57", an arc
length of three hundred six and eighty-seven hundredths (306.87 feet), a radius of one
hundred fifty (150.0) feet and a chord bearing N58°28'21"W, a distance of two hundred
fifty-six and nine hundredths (256.09) feet to a point of reverse curvature; thence around a
curve in a clockwise direction having a delta angle of 11°08'30", an arc length of seventy-
three and eighty-nine hundredths (73.89) feet, a radius of three hundred eighty (380.0) feet
and a chord bearing S68°29'26"W, a distance of seventy-three and seventy-eight
hundredths (73.78) feet; thence N89°51'51"W, a distance of forty-five and eighty-four
hundredths (45.84) feet; thence N00°08'09"E, a distance of twenty (20.0) feet; thence
S89°51'51"E, a distance of twenty-eight and twelve hundredths (28.12) feet; thence
N00°08'07"E, a distance of one hundred fifty-six and twenty-four hundredths (156.24) feet
to the southeast corner of the City of Grand Island drainage right-of-way; thence
N00°08'07"E along the east line of said drainage right-of-way, a distance of eighty (80.0)
feet to the point of intersection of said east right-of-way line and the south right-of-way line
of State Street; thence S89°07'18"E along said south right-of-way line, a distance of twenty
(20.0) feet; thence S00°08'07"W, a distance of two hundred thirty-four and forty-two
hundredths (234.42) feet to a point of curvature; thence around a curve in a counter-
clockwise direction having a delta angle of 09°50'34", an arc length of sixty-one and eighty-
four hundredths (61.84) feet, a radius of three hundred sixty (360.0) feet and a chord
bearing N67°50'28"E, for a distance of sixty-one and seventy-seven hundredths (61.77)
feet to a point of reverse curvature; thence around a curve in a clockwise direction having a
delta angle of 89°08'37", an arc length of two hundred sixty-four and forty-nine hundredths
(264.49) feet, a radius of one hundred seventy (170.0) feet and a chord bearing
S72°30'30"E, for a distance of two hundred thirty-eight and sixty-one hundredths (238.61)
feet; thence N00°08'09"E, a distance of one hundred three and thirty-five hundredths
RESOLUTION NO. 31 (Cont.)
- 2 -
(103.35) feet; thence S89°51'51"E, a distance of forty (40.0) feet; thence S00°08'09"W, a
distance of seventy-one and seventy-four hundredths (71.74) feet to a point of curvature;
thence around a curve in a counter-clockwise direction having a delta angle of 35°54'44",
an arc length of twenty-one and ninety-four hundredths (21.94) feet, a radius of thirty-five
(35.0) feet and a chord bearing S00°08'09"W, a distance of twenty-one and fifty-eight
hundredths (21.58) feet; thence S00°08'09"W, a distance of one hundred one and ninety
hundredths (101.90) feet to the said Point of Beginning.
The above-described easement and right-of-way containing a total of 0.465 acres, more or
less, as shown on the plat dated December 11, 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 Little B’s Corporation, on the above-described tract of
land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2007-53 - Approving Bid Award for 2007 Concrete Ready-Mix
for the Streets Division of the Public Works Department
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Bid Award for Concrete Ready-Mix for 2007
Item #’s: G-6
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 7, 2007 the Street & Transportation Division of the Public Works
Department advertised for bids for the purchase of concrete ready-mix to be used in
conjunction with in-house concrete repairs throughout the calendar year 2007.
Discussion
Three bids were received and opened on February 20, 2007. All three bids were
submitted in compliance with the contract, plans, and specifications with no exceptions.
A summary of the bids is shown below.
There are sufficient funds in Account No. 10033503-85547 to purchase this material.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Vendor
Exceptions
Unit Prices
Brodsky’s Ready-Mix
Grand Island, NE
None
$60.80 per cubic yard
Gerhold Concrete Company
Grand Island, NE
None
$59.00 per cubic yard
Consolidated Concrete
Grand Island, NE
None
$63.50 per cubic yard
1. Approve awarding the bid to Gerhold Concrete Co. in the amount of $59.00
per cubic yard.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve awarding the contract for the
purchase of the concrete ready-mix to Gerhold Concrete Co. of Grand Island, Nebraska.
Sample Motion
Move to approve the award of the contract.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: February 20, 2007 at 11:00 a.m.
FOR: Concrete Ready Mix for 2007
DEPARTMENT: Public Works
ENGINEER’S ESTIMATE: $64.00 per cubic yard $102,400.00
FUND/ACCOUNT: 10033503-85545
PUBLICATION DATE: February 7, 2007
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Brodsky’s Ready Mix Gerhold Concrete Co.
Grand Island, NE Grand Island, NE
Exceptions: None None
Bid Price: $60.80 per cubic yard $59.00 per cubic yard
Bidder: Consolidated Concrete
Grand Island, NE
Exceptions: None
Bid Price: $63.50 per cubic yard
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Scott Johnson, Street Superintendent Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1143
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-53
WHEREAS, the City of Grand Island invited sealed bids for furnishing Concrete Ready-
Mix for 2007 for the Street & Transportation Division, according to plans and specifications on file with the
Street Division of the Public Works Department; and
WHEREAS, on February 20, 2007, bids were received, opened and reviewed; and
WHEREAS, Gerhold Concrete Company of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $59.00 per cubic yard; and
WHEREAS, the bid of Gerhold Concrete Company is less than the estimate for the
concrete ready-mix.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gerhold Concrete Company of Grand
Island, Nebraska, in the amount of $59.00 per cubic yard for concrete ready-mix is hereby approved as the
lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City and such
contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2007-54 - Approving Bid Award for 2007 Concrete Pavement and
Storm Sewer Repair for the Streets Division of the Public Works
Department
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Bid Award for Portland Concrete Pavement
and Storm Sewer Repairs for 2007
Item #’s: G-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 7, 2007 the Street & Transportation Division of the Public Works
Department advertised for bids for concrete pavement and storm sewer repair for the
calendar year 2007.
Discussion
Two bids were received and opened on February 20, 2007. All bids were submitted in
compliance with the contract, plans, and specifications with no exceptions. A summary of
the bids is shown below.
There are sufficient funds in Account No. 10033506-85351 (Concrete Repair),
10033504-85318 (Storm Sewer Repair), 10033503-85318 (Curb & Gutter), and
10033503-85547 (Materials) to fund this contract. This is a calendar year contract that
extends beyond the current fiscal year. In the event that funds become unavailable in the
fiscal year 2007/2008, the scope of work for this contract will be scaled down
accordingly.
Vendor
Exceptions
Bid Security
Total Bid
O.K. Paving
Hordville, NE
None
Cashier’s Check
$608,585.00
The Diamond Engineering Co.
Grand Island, NE
None
Universal Surety Co.
$608,763.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve awarding the bid to OK Paving, Inc.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve awarding the contract to OK
Paving, Inc. of Hordville, Nebraska, for the amount of $608,585.00.
Sample Motion
Move to approve the award of the contract for concrete pavement and storm sewer repair
for 2007.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: February 20, 2007 at 11:15 a.m.
FOR: Concrete Pavement & Storm Sewer Repair 2007
DEPARTMENT: Public Works
ENGINEER’S ESTIMATE: $650,000.00
FUND/ACCOUNT: 10033506-85351
10033504-85318
10033503-85318
10033503-85547
PUBLICATION DATE: February 7, 2007
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: The Diamond Engineering Co. OK Paving, Inc.
Grand Island, NE Horadville, NE
Bid Security: Universal Surety Company $30,429.25
Exceptions: None None
Bid Price: $608,763.00 $608,585.00
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Scott Johnson, Street Superintendent Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1144
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-54
WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement and Storm
Sewer Repair 2007, according to plans and specifications on file with the Street Division of the Public
Works Department; and
WHEREAS, on February 20, 2007, bids were received, opened and reviewed; and
WHEREAS, OK Paving of Hordville, Nebraska, submitted a bid in accordance with the
terms of the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $608,585.00; and
WHEREAS, OK Paving's bid is less than the engineer’s estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of OK Paving of Hordville, Nebraska, in
the amount of $608,585.00 for Concrete Pavement and Storm Sewer Repair 2007 is hereby approved as
the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City and such
contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2007-55 - Approving Bid Award for 2007 Hot Mix Asphalt for the
Streets Division of the Public Works Department
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Bid Award for Hot-Mix Asphalt ic Concrete
for 2007
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 7, 2007 the Street & Transportation Division of the Public Works
Department advertised for bids for the purchase of hot-mix asphalt ic concrete to be used
in conjunction with in-house asphalt work throughout the calendar year 2007.
Discussion
Two bids were received and opened on February 20, 2007. Both bids were submitted in
compliance with the contract, plans, and specifications with no exceptions. A summary of
the bids is shown below.
There are sufficient funds in Account No. 10033503-85547 to purchase this material.
Vendor
Exceptions
Unit Prices
Average Price
Gary Smith
Construction
Grand Island, NE
None
Type “A” – $37.00/ton
Type “B” - $29.00/ton
Type “C” – $36.00/ton
$34.00/ton
J.I.L. Asphalt Paving
Grand Island, NE
None
Type “A” - $35.55/ton
Type “B” - $28.90/ton
Type “C” – $34.65/ton
$33.03/ton
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve awarding the bid to J.I.L. Asphalt Paving Company at $35.55/ton for
Type A; $28.90/ton for Type B; and $34.65/ton for Type C.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve awarding the purchase of the
hot-mix asphaltic concrete to J.I.L. Asphalt Paving Company of Grand Island, Nebraska.
Sample Motion
Move to approve the award of the contract.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: February 20, 2007 at 11:30 a.m.
FOR: Asphalt Hot Mix for 2007
DEPARTMENT: Public Works
ENGINEER’S ESTIMATE: $35.00 per ton average $70,000.00
FUND/ACCOUNT: 10033503-85545
PUBLICATION DATE: February 7, 2007
NO. POTENTIAL BIDDERS: 2
SUMMARY
Bidder: J.I.L. Asphalt Paving Co. Gary Smith Construction Co.
Grand Island, NE Grand Island, NE
Exceptions: None None
Bid Price:
Type A: $35.55 per ton $37.00 per ton
Type B: $28.90 per ton $29.00 per ton
Type C: $34.65 per ton $36.00 per ton
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Scott Johnson, Street Superintendent Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1145
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-55
WHEREAS, the City of Grand Island invited sealed bids for furnishing Asphalt Hot-Mix for
2007, according to plans and specifications on file with the Street Division of the Public Works Department;
and
WHEREAS, on February 20, 2007, bids were received, opened and reviewed; and
WHEREAS, J.I.L. Asphalt Paving of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $35.55 per ton for Type "A" asphaltic
concrete, $28.90 per ton for Type "B" asphaltic concrete, and $34.65 per ton for Type "C" asphaltic
concrete.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of J.I.L. Asphalt Paving of Grand Island,
Nebraska, in the amount of $35.55 per ton for Type "A", $28.90 per ton for Type "B" asphalt hot-mix and
$34.65 per ton for Type "C" asphaltic concrete hot-mix is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City and such
contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2007-56 - Approving Bid Award for 26,000 GVW Dump Truck
(Streets Division of the Public Works Department)
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Bid Award for 26,000 GVW Dump Truck
(Streets Division of the Public Works Department)
Item #’s: G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 9, 2007 the Streets Division of the Public Works Department advertised for
bids for the purchase of one (1) minimum 26,000 GVW Dump Truck. Funds for the truck
were in the approved 2006/2007 budget. The estimate was $58,000.00.
Discussion
Eight bids were received and opened on February 28, 2007. The Streets Division of the
Public Works Department reviewed the bids that were received. Hansen International
Truck, Inc. of Grand Island, NE was low bid. Exceptions to the bids were minimal. A
summary of the bids is shown below.
Bidder Manufacturer Exceptions Total Bid w/o
ext. warranty
Hansen International Truck, Inc.
Grand Island, NE
International w/Rugby
dump body
Noted $57,415.00
Hansen International Truck, Inc.
Grand Island, NE
International w/LCL
dump body
Noted $58,827.00
Hansen International Truck, Inc.
Grand Island, NE
International
w/Crysteel dump body
Noted $59,025.00
Tom Dinsdale Chev, Cad, GMC
Grand Island, NE
GMC w/Rugby dump
body
Noted $60,080.50
Tom Dinsdale Chev, Cad, GMC
Grand Island, NE
GMC w/LCL dump
body
Noted $61,255.00
Tom Dinsdale Chev, Cad, GMC
Grand Island, NE
GMC w/Crysteel dump
body
Noted $61,690.50
Nebraska Truck Center, Inc.
Grand Island, NE
Freightliner w/LCL
dump body
Noted $62,400.00
Nebraska Truck Center, Inc.
Grand Island, NE
Freightliner w/Crysteel
dump body
Noted $62,600.00
There are sufficient funds for this purchase in Account No. 10033501-85625/85650.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the purchase of the dump truck.
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 of the 26,000
GVW dump truck in the amount of $57,415.00 from Hansen International Truck, Inc. of
Grand Island, Nebraska.
Sample Motion
Motion to approve the purchase of the 26,000 GVW dump truck from Hansen
International Truck, Inc. of Grand Island, Nebraska in the amount of $57,415.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: February 28, 2007 at 11:00 a.m.
FOR: (1) 26,000 GVW Dump Truck
DEPARTMENT: Public Works
ENGINEER’S ESTIMATE: $58,000.00
FUND/ACCOUNT: 10033001-85625
PUBLICATION DATE: February 9, 2007
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Nebraska Truck Center, Inc. Tom Dinsdale Che vrolet Cadillac
Grand Island, NE Grand Island, NE
Exceptions: Noted Noted
Make: Freightliner GMC
Bid Price: $62,400.00 (LCL Body) $61,255.00 (LCL Body)
$62,600.00 (Matt Friend Body) $61,690.50 (Matt Friend Body)
$60,080.50 (Option Bid)
Bidder: Hansen International Truck, Inc.
Grand Island, NE
Exceptions: Noted
Make: International
Bid Price: $57,415.00 (Rugby Body)
$58,827.00 (LCL Body)
$59,025.00 (Crysteel Body)
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Scott Johnson, Street Superintendent Danelle Collins, PW Admin. Assist.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1146
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-56
WHEREAS, the City of Grand Island invited sealed bids for One (1) 26,000 GVW Dump
Truck, according to specifications on file with the City Engineer; and
WHEREAS, on February 28, 2007, bids were received, opened and reviewed; and
WHEREAS, Hansen International Truck, Inc., of Grand Island, Nebraska, submitted a bid
in accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the amount of $57,415.00; and
WHEREAS, Hansen International Truck, Inc.'s bid is less than the estimate for such vehicle.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hansen International Truck, Inc. of
Grand Island, Nebraska, in the amount of $57,415.00 for one 26,000 GVW Dump Truck is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2007-57 - Approving Bid for Sale of Lot One (1) of Dale Roush
Third Subdivision Located at 1 Navajo Drive
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Sale of No. 1 Navajo Drive
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Advertisement to bidders was submitted on February 18, 2007 to the Grand Island
Daily Independent and published on said date. Sealed bids were submitted to the office of
City Clerk and at 11:00a.m. on March 6, 2007 the bids were opened.
This property was acquired in April 2005 for the construction of a sanitary sewer district
to serve the Indian Acres area and for a future extension of Independence Avenue. The
lot was subdivided as Dale Roush 3rd Subdivision in October 2006 with a portion of the
lot dedicated as street Right-of-way for the future extension of Independence Avenue.
The 14,572 square foot lot that was left is sub-standard because the typical lot size for the
subdivision is 20,000 square feet.
Discussion
Sealed bids were received at the office of the City Clerk on March 6, 2007. Two bids
were received and the high bid was $3,110.00 submitted by Steven A. Manolidis. This lot
was previously advertised for sale and no bids were received.
The value of lot was appraised at $15,000. There is a 2-car concrete block garage on the
lot that would have to be removed to make a buildable lot. Because the cost to remove the
garage reduces the appraised value of the lot, the bid is considered acceptable.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve a resolution authorizing the Mayor to execute the sale.
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 a Resolution allowing the
Mayor to sign the Resolution allowing the sale of No. 1 Navajo Drive in the Dale Roush
Third Subdivision in the amount of $3,110.00 to Steven A. Manolidis.
Sample Motion
Motion to approve the sale of Lot One (1) of Dale Roush Third Subdivision to Steven A.
Manolidis in the amount of $3,110.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: March 6, 2007 at 11:00 a.m. (Re-Bid)
FOR: Purchasing Lot One (1) of Dale Roush Third Subdivision
DEPARTMENT: Public Works
ENGINEER’S ESTIMATE: $15,000.00
FUND/ACCOUNT: 53030001-74830
PUBLICATION DATE: February 18, 2007
NO. POTENTIAL BIDDERS: 8
SUMMARY
Bidder: Gary Christensen Steven A. Manolidis
Grand Island, NE Grand Island, NE
Bid Security: $82.75 $155.50
Bid Price: $1,655.00 $3,110.00
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Ben Thayer, WWTP Engineer Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1140
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-57
WHEREAS, the City of Grand Island is the owner of No. 1 Navajo Drive in the City of
Grand Island, Hall County, Nebraska; and
WHEREAS, the property was purchased for the construction of a sanitary sewer main and
a future city street; and
WHEREAS, the 14,572 square feet lot that is left after dedication of the street right-of-way
can be developed now that city sanitary sewer is available to the lot; and
WHEREAS, it is in the best interests of the City that No. 1 Navajo Drive be sold so the
property can be placed back on the tax roles; and
WHEREAS, on March 6, 2007, sealed bids were received, opened and reviewed; and
WHEREAS, Steven A. Manolidis of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the amount of $3,110.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the sale of No. 1 Navajo Drive in the City of
Grand Island, Hall County, Nebraska to Steven A. Manolidis for the purchase price of $3,110.00 is hereby
approved.
BE IT FURTHER RESOLVED, that 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, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Item G11
#2007-58 - Approving Contract for City Administrator
Recruitment
Tuesday, March 13, 2007
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: March 13, 2007
Subject: Contract for Services to Conduct City Administrator
Recruitment
Item #’s: G-11
Presenter(s): Brenda Sutherland, Human Resources Director
Background
January 15, 2007, City Administrator, Gary Greer, gave notice to Mayor Hornady that he
would be terminating his employment with the City on March 16, 2007. He later asked to
accelerate his departure date and did so on February 9, 2007. The City has been operating
under the direction of the Mayor since that time.
The position of City Administrator is a statutory position that is appointed by the Mayor
with the approval of the Council and serves at the pleasure of the Mayor for the same
term.
Discus sion
The City has used different approaches for the recruitment and hiring of past City
Administrators. The processes that have been used in the past to fill this position have
consisted of in-house committees as well as the assistance of consulting firms.
Consideration has been given to handling the search internally. The problem with that
approach is the lack of outreach or access to the applicants that we would hope to reach.
The last time this position was open the City used a firm called Kenexa to handle the
recruitment and testing process for the City. The process was well managed and a highly
qualified candidate was hired. I am recommending a similar process this time. However,
due to the current market, I am recommending a consulting firm with experience in
municipal executive searches. The City advertised an RFP for consulting companies that
specialize in the recruitment of public sector executives.
The City received nine proposals from vendors. Administration is recommending
contracting with The Mercer Group, Inc. to oversee the recruitment process to fill the
City Administrator position. This company has been in the business of executive
recruitment for local governments for many years. The cost for services will be $16,500
for the recruitment process plus expenses not to exceed $8,000. The Mercer Group, Inc.
was chosen because of the quality process they offer that includes a position profile,
assessment testing and extensive background checks. Factors used to compare companies
were; specialize in executive level recruitment in the public sector, provide an extensive
screening process, provides a placement guarantee, provides professional services to
identify a candidate profile, and provides extensive background checks. While the
companies that submitted proposals were qualified in these different areas, some
provided longer guarantees, more stringent screening and more impressive lists of
placements as well as satisfied references.
Once the contract is approved, the process will begin immediately. The estimated time
frame for filling the position will be 90 – 120 days. The contract is on file at the Clerk’s
office for review.
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 proposed contract with
The Mercer Group, Inc.
Sample Motion
Motion to approve the contract with the Mercer Group, Inc. for the City Administrator
search.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
CITY ADMINISTRATOR RECRUITMENT
RFP DUE DATE: February 26, 2007 at 4:00 p.m.
DEPARTMENT: Human Resources
PUBLICATION DATE: February 9, 2007
NO. POTENTIAL BIDDERS: 8
SUMMARY OF PROPOSALS RECEIVED
The Brimeyer Group, Inc. The Mercer Group, Inc.
Hopkins, MN Santa Fe, NM
Bob Murray & Associates McPherson & Jacobson, L.L.C.
Roseville, CA Omaha, NE
Kuehl & Payer, Ltd. The Par Group, LLC
Storm Lake, IA Lake Bluff, IL
Bennett Yarger Associates Morrow & Associates, Inc.
Sacramento, CA Omaha, NE
The Water Consulting Group, Inc.
Dallas, TX
cc: Brenda Sutherland, Human Resources Director David Springer, Finance Director
Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary
P1147
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-58
WHEREAS, the Human Resources Department solicited quotes for the recruitment of a
City Administrator for the City of Grand Island; and
WHEREAS, The Mercer Group, Inc. of Santa Fe, New Mexico, submitted a quote for
such project, such quote being in the amount of $16,500.00 plus expenses not to exceed $8,000.00; and
WHEREAS, it is recommended that The Mercer Group, Inc. be approved to provide such
service at the above-stated price.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of The Mercer Group, Inc. of Santa Fe,
New Mexico in the amount of $16,500.00 plus expenses not to exceed $8,000.00 for the recruitment of a
City Administrator for the City of Grand Island is hereby approved as the best quote received.
BE IT FURTHER RESOLVED, that a contract by and between the city and such
contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute
such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
____________________________________
RaNae Edwards, City Clerk
Item G12
#2007-59 - Approving Contract for Operation and Management
Services for Jackrabbit Run Golf Course
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: March 13, 2007
Subject: Approving Contract for Operation and Management
Services for Jackrabbit Run Golf Course
Item #’s: G-12
Presenter(s): Steve Paustian, Park and Recreation Director
Background
The management contract with the former Golf Professional expired December 31, 2006.
The City has elected not to offer the new Director of Golf a contract that allowed for a
guaranteed monthly retainer along with various percentages. The City has instead
advertised for Management Service for Jackrabbit Run Golf Course based on a
performance contract. Originally, six resumes were received by the City to provide these
services. Only two of the original six applicants submitted a business plan as requested,
and were allowed to move forward in the process.
Discussion
A committee of six individuals were selected to serve on an advisory committee to assist
the Park and Recreation Director in determining the new Golf Professional and Director
of Golf for Jackrabbit Run Golf Course. The six members of the committee included the
Park and Recreation Director, Golf Course Superintendent, Personnel Director, the
President of the Men's Golf Association, the President of the Senior Men's Golf
Association and the Golf Coach from Central Catholic High School. After interviewing
the two candidates it was the unanimous opinion of the Committee that Mr. Don Kruse be
offered the position at Jackrabbit Run. Contract negotiations have been held with Mr.
Kruse and a contract agreed upon by both the City and Mr. Kruse (see attached contract).
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 contract with Mr. Donald
Kruse to become the new Golf Professional and Director of Golf for Jackrabbit Run Golf
Course.
Sample Motion
Motion to authorize the Mayor to sign the contract with Mr. Donald Kruse.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR QUALIFICATIONS
FOR
OPERATION AND MANAGEMENT SERVICES FOR
JACKRABBIT RUN GOLF COURSE
(RE-BID)
RFP DUE DATE: February 1, 2006 at 3:00 p.m.
DEPARTMENT: Parks and Recreation
PUBLICATION DATE: January 11, 2007
NO. POTENTIAL BIDDERS: Unknown
SUMMARY OF PROPOSALS RECEIVED
Scott Ehlers Don Kruse Dennis Howell, Jr.
Evanston, WY Grand Island, NE Pocatello, Idaho
Adam Coates Douglas Becker Robert L. Sanders
Omaha, NE York, NE Salt Lake City, UT
cc: Steve Paustian, Parks & Recreation Director Gary Greer, City Administrator
David Springer, Finance Director Dale Shotkoski, Purchasing Agent
Sherry Peters, Legal Secretary
P1129
GOLF LICENSE AGREEMENT
BETWEEN
THE CITY OF GRAND ISLAND, NEBRASKA
AND
DON E. KRUSE
THIS LICENSE AGREEMENT is made and entered into this _____ day of _________,
2007, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation,
hereinafter referred to as “City” and Don E. Kruse, a golf professional and Director of Golf for
Jackrabbit Run Golf Course, hereinafter referred to as “Manager”.
WHEREAS, the City is the owner of Jackrabbit Run Golf Course and operates a
municipal golf course and clubhouse therein; and
WHEREAS, Manager is a Class “A” PGA Golf Professional and Director of Golf for
Jackrabbit Run Golf Course; and
WHEREAS, the City desires the services of someone to operate the snack bar
concessions and serve as golf professional and Director of Golf for the Jackrabbit Run Golf
Course and Manager is qualified to perform these services.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein, the
parties agree as follows:
1. License. The City grants to Mana ger the exclusive privilege of operating
business concessions and rendering professional golf services at Jackrabbit Run Golf Course and
clubhouse for the period of time commencing March 13, 2007 through December 31, 2011, in
accordance with the terms and conditions hereinafter set forth. This license may be renewed for
one additional four year term provided that the Manager has complied with all conditions set
forth in this agreement to the satisfaction of the City and subject to the further approval of the
City Council for such renewal period.
2. Services. Manager is to be recognized as the pro-manager of the Jackrabbit Run
Golf Course and shall make professional golf services and concession services available to the
patrons of said golf course at all reasonable times as determined by the Director of Parks &
Recreation. Said services shall include, but not be limited to, the following: sale of alcohol,
public relations, teaching, coaching, promotion of golf play, leagues and tournaments, pull carts,
sales and rental of equipment from the pro shop, and operation of the driving range and facilities.
The City will be responsible for motorized golf cart rentals as outlined in paragraph 14.
3. Supervision by Manager. In addition to the services to be rendered by Mana ger
as set forth in paragraph 2, Manager agrees to supervise all activities within that part of the
clubhouse and surrounding area designated by the City for use by the public, to supervise all
personnel in the employ of Manager and to supervise the performance of such duties and
services in the clubhouse, golf course, or adjacent thereto as may be included in this agreement,
2
including recreational programs in the areas needed for this purpose. Employees of the Manager
shall remain on duty during the entire event for concession sales, and to lock the buildings at the
close of all events and secure the premises.
4. Maintenance. Manager agrees to keep the clubhouse in a clean and sanitary
condition at all times. This shall include the snack bar, public restrooms, public lounge, pro shop,
and general interior and immediate exterior maintenance. All papers, rubbish, broken and empty
bottles, garbage and other trash accumulating in the operation of the clubhouse shall be picked
up by Manager or his designee and placed in suitable containers. Goods, bottles or empty
containers shall not be sold, piled or stored outside of the clubhouse except upon written
permission of the City. Manager shall keep concession premises in a neat, clean, orderly and
sanitary condition at all times in conformance with the standards required by the Central District
Health Department and the State Department of Health. The City will provide refuse containers
and be responsible for refuse service. Manager agrees to keep all city golf carts in a clean and
safe working condition at all times. This shall include washing and removal of trash after each
round, examining each cart for damage after each round, staging golf carts in the morning and
securing in the evenings. Assist maintenance staff in fueling/charging and taking care of
damaged carts. Manager shall be responsible for charging electric carts and report all
maintenance deficiencies to the City.
5. Money Collection. Manager agrees to collect greens fees and to issue greens fees
tickets/tapes/cash register receipts; motorized golf cart rental fees, memberships, capital
improvement fees, surcharges, and sales tax; to keep records of all such transactions; and to
properly account for and remit to the City such documentation. Manager will be required to
complete a daily sales report, which shall be balanced to match all rounds played and all
motorized golf cart rentals. All transactions shall be remitted twice weekly or daily as
determined by the City, during the season and as needed during the off season.
6. Starting and Managing Play. Manager agrees to provide supervisory services
for the first and tenth tee of the golf course to control starting play. Manager further agrees to
provide rangers or marshals when play is heavy or playtime starts to slow to an unacceptable
pace.
7. Inspection, Audit. It is understood and agreed between the parties that the
operation and services performed by Manager under this agreement shall be subject at all times
to inspection and control by designated representatives of the City. Manager will confer only
with said representatives on all problems of general policy in connection with this agreement.
Manager shall permit the examination and audit of all books and records of Manager relating to
this agreement by officers or representatives of the City and shall make said books and records
available at all reasonable hours.
8. Attendants. Manager shall have adequate and efficient attendants on duty in
readiness to serve the public at such times as necessary to provide concession and professional
golf services. The City shall determine minimum operation time.
3
9. Improvements. Manager shall not remodel clubhouse or install any permanent
fixtures or additions to the clubhouse without first obtaining the written approval of the City. All
improvements shall become the property of the City upon termination of this agreement unless
the parties hereto agree otherwise.
10. Advertising. Manager shall not display paid advertising outside the club house,
and advertising inside the clubhouse shall be confined to that portion of the clubhouse designated
for the exclusive use of Manager. No display signs or advertising shall be placed on the grounds,
building or affixed in any manner, except upon written approval of the Parks and Recreation
Director in advance.
11. City Supervision. The City reserves the right to exercise general supervision and
control over the clubhouse with respect to the management of advertising displays; staff
employed; concessions; kind, character, and quality of goods dispensed; and the cleanliness and
sanitation of the buildings and adjacent grounds. Manager shall operate under the provisions of
this agreement in such a manner as to conform with all the ordinances of the City of Grand
Island and the laws of the State of Nebraska, and shall give assistance to the City in seeking
conformity with the ordinances of the City and laws of the State by public users. Further,
Manager agrees to enforce all rules and regulations adopted by the City’s Director of Parks &
Recreation covering the conduct of the public and services offered in the use of the park
property.
12. City Equipment. Manager shall exercise general supervision over and shall be
responsible for the proper use and care of all equipment and furniture owned by the City now
located in the clubhouse. Such property shall be maintained specifically for the use and
convenience of all public users of the clubhouse. An inventory of this property, as taken by a
representative of each of the parties, is marked Exhibit “A” and attached hereto and made a part
hereof.
13. Risk of Loss. The City shall not be responsible for the property of Manager kept,
stored, or maintained on the leased premises and assumes no responsibility for loss of Manager’s
property through fire, theft, pilferage, malicious mischief or any other happening whatsoever.
14. Manager Compensation. Manager shall be entitled to a percentage of the gross
proceeds (described below) generated by operation of the snack bar, pro shop, alcohol sales and
the provision of golf lessons. Manager will operate driving range and share with the City a
percentage of gross revenues as detailed below. Any additional revenue generated as a result of
the operation of Jackrabbit Run, other than outlined below shall belong and be paid to the City.
The City shall own and maintain the motorized golf cart rental fleet. In return for
promoting and renting out motorized golf carts and keeping the fleet clean and presentable the
City shall pay to the Manager a percent of the monthly gross revenue generated by motorized
golf cart usage as detailed below. The following is the schedule of the remuneration for the
Manager and the City.
4
Manager City
Annual Passes 8% 92%
(between the dates of 1/1/07 and 3/13/07)
Green Fees 10% 90%
(includes annual passes & maintenance fees) 10% 90%
Driving Range (including range passes) 80% 20%
Carts 25% 75%
Concessions 98% 2%
Alcohol 75% 25%
Lessons 98% 2%
Pro Shop 98% 2%
Sponsor Income 98% 2%
Green fees for the Mayor’s Cup, the Grand Island City Tournament and the Islander Two
Man Scramble in 2007 will be paid to the City in the amount of ten dollars ($10) per round, plus
tax. All junior tournament green fees will be $5.50 per round, plus tax. In 2008 and beyond full
fees will apply to all tournaments.
Manager agrees to pay the owner 2% of the gross proceeds from the Junior Golf
Program. Manager also agrees to pay one maintenance fee for the every nine holes of golf played
by the juniors in said program.
All other league and tournament fees will go to the manager except for the green fees
collected. Both the City and the Manager will be paid within twenty (20) days of receipt of the
accounting report of revenue generated.
The City will reward for each year of this contract the Manager with a monetary amount
based on the following schedule. Each year will commence October 1st and conclude September
30th for the term of this contract.
Number of Rounds Bonus Carts Bonus
33,500 - 36,000 $ 2,000.00 $135,000-$140,000 $2,000.00
36,001 – 38,500 $ 4,000.00 $140,001-$145,000 $4,000.00
38,501 - 41,000 $ 6,000.00 $145,001-$150,000 $4,500.00
41,001 – 43,500 $ 8,000.00 $150,001-$155,000 $5,000.00
43,501 – 46,000 $10,000.00 $155,001-$160,000 $6,000.00
A collected capital maintenance fee will be counted as a round of golf. Cart bonus
amount will be based on daily cart revenue not to include sales tax.
15. High School Participation. The following rates shall apply to high school
students, with a limit of 18 athletes per season:
5
Boys’ Fee Girls’ Fee Manager City
Season Pass $150.00 $150.00 10% 90%
Range $250.00 $250.00 80% 20%
Green Fees $ 2.00 per round$ 2.00 per round10% 90% (Practice Rounds)
Green Fees (Meets):
$7.45 per round 10% 90%
$5.25 per round 10% 90%
16. Manager’s Personnel. It will be Manager’s responsibility to employ the needed
personnel to conduct the business and carry out the operations associated with the clubhouse
which includes, but is not limited to, the concession operation, collection of fees, and custodial
maintenance. Both parties recognize and agree that Manager is an independent contractor.
Manager and his agents and employees shall not be considered to be employees of the City and
shall not be eligible for any fringe benefits or premium pay from the City.
17. Conflict of Interest. During the term of this agreement, Manager shall not
engage in the following activities within fifty (50) miles of the corporate limits of the City of
Grand Island:
a. Promoting in any way or manner golf activities, special events, tournaments or
leagues at other than the city’s golf course, except as approved by the City Parks
and Recreation Director.
b. Endorsing, either by name or other manner, the activities or special events at non-
city golf courses.
c. Participating in the operation of golf courses in activities such as the operation of
the Pro Shop, the food and beverage operation, golf lessons, cart rental business,
driving range or special events without the written permission of the City.
d. Participating in the management of golf courses such as, but not limited to,
establishing fees and charges or the selection, hiring and evaluation of staff.
e. Displaying advertising or promotional materials for golf courses such as posters,
wearing hats or other clothing items that display the name or logo of non-city of
Grand Island golf courses.
f. Being named or recognized as a Director of Golf, Head Golf Professional or other
staff title at any non-city golf course.
This language shall not be construed to prohibit Manage r or members of immediate
family from having a financial interest in non-city golf courses or related developments;
provided, however, that Manager must submit a written detailed description of such financial
interest or the financial interest of any member of his immediate family to the City for approval.
6
Updated information must be submitted annually in a format determined by the City by January
31st of each year.
For purposes of this agreement, “immediate family” shall include any child residing in
Manager’s household, Manager’s spouse, or an individual claimed by Manager as a dependent
for federal income tax purposes.
18. Concession Operation. All materials, supplies and assistance required in the
operation of the concession shall be furnished at Manager’s own expense. Manager agrees to
conduct and operate the concession strictly in accordance with all the ordinances of the City of
Grand Island and laws of the State of Nebraska now and hereafter in effect during the terms of
this agreement and in a manner wholly acceptable to the City. Manager agrees to maintain a
current liquor license and obey all laws and rules set forth by the State Liquor Control
Commission. Manager agrees to keep all concession areas open seven (7) days of the week
during such hours, meetings or special events as the City’s Director of Parks & Recreation shall
determine.
19. PGA License. During the full term of this agreement, Manager must maintain a
Class “A” PGA Golf Professional Classification. Should Manager cease to be a Class “A”
Professional, this License Agreement shall immediately and automatically terminate and
Manager shall no longer be entitled to the rights and privileges granted hereunder.
20. Financial Statements. Manager shall submit to the City annual financial
statements of the operation not covered in paragraphs above by the terms of this License
Agreement. Said financial statement shall include a detailed operating statement setting forth all
operating revenues not covered in paragraph No. 5 and personnel service costs and other
operating expenses in accordance with the requirements set by the Finance Director of the City.
Annual financial statements shall be due by November 1st of each year this agreement is in force
and effect. In the event that this agreement is terminated, either at its expiration or for any other
reason during the course of a calendar year, a financial statement shall be required within thirty
(30) days of such termination covering the period from the prior financial statement to date of
termination. In addition, the City may conduct its own audits during the terms of this agreement
and for a period of one year thereafter pursuant to paragraph 7 above.
21. Free Play. Manager, members of the PGA of America and any assistants
registered in the PGA Assistant Program may play the course at no cost. Jackrabbit Run PGA
staff shall be allowed to use golf carts at no cost. The names of the PGA members and assistants
shall be given to the Director of Parks & Recreation. Except for the preceding, special privileges
shall not be granted to anyone under any circumstances. Failure to comply will result in
termination and cancellation of said contract as outlined in paragraph 25.
22. Equal Employment. Neither Manager nor anyone acting under or by virtue of
the terms of this agreement shall discriminate against employees or applicants for employment
with respect to such person’s hire, tenure, terms, conditions or privileges of employment because
of such person’s race, color, religion, sex, disability, national origin, ancestry, age, or marital
status pursuant to the requirements of Neb. Rev. Stat., §48-1122, as amended; nor shall Manager
7
nor anyone acting under or by virtue of the terms of this agreement discriminate against any such
patron of said golf course or against anyone else because of race, color, religion, sex, disability,
national origin, ancestry, age or marital status. Special privileges shall not be granted to anyone
under any circumstance.
23. Insurance. Manager shall indemnify and save harmless the City of Grand Island,
Nebraska, from and against all losses, claims, damages, and expenses, including attorney’s fees,
arising out of or resulting from the performance of the License Agreement that results in bodily
injury, sickness, disease, death or injury to or destruction of tangible property, including the loss
of use resulting therefrom and is caused in whole or in part by the Manager, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable. This section will not require the Manager to indemnify or hold harmless the City
for any losses, claims, damages, and expenses arising out of or resulting from the negligence of
the City.
Manager shall take out and maintain during the life of this agreement the applicable
statutory workers compensation insurance with an insurance company authorized to write such
insurance in this state covering all of his employees.
Manager shall secure and maintain in full force and effect during the entire period of this
agreement, public liability insurance, naming and protecting manager and the City, its officials,
employees, and volunteers as insureds, against claims for damages resulting from (a) bodily
injury, including wrongful death (b) personal injury liability and (c) property damage for all
operations of Manager, his agents and employees under and by virtue of the terms of this
agreement. The minimum acceptable limits of liability to be provided by such insurance shall be
as follows:
Bodily Injury and Property Damage $2,000,000 Each Occurrence
Personal Injury Damage $1,000,000 Each Occurrence
Contractual Liability $1,000,000 Each Occurrence
Products Liability $1,000,000 Each Occurrence
The public liability insurance required by the preceding paragraph shall include the
following extension of coverage:
a. The coverage shall be provided under a Commercial General Liability form or
similar thereto.
b. The property damage coverage shall include a Broad Form Property Damage
Endorsement or similar thereto.
c. Contractual liability shall be included.
d. Products liability coverage shall be included.
e. Personal injury liability shall be included.
8
The Manager shall take out and maintain during the life of this agreement such
automobile liability insurance as shall protect him against claims for damages resulting from
bodily injury, including wrongful death, and property damages which may arise from the
operations of any owned, hired or non-owned automobiles used by or for Manager in any
capacity in connection with the carrying out of this agreement. The minimum acceptable limits
of liability to be provided by such automobile liability insurance shall be as follows:
Bodily Injury and Property Damage $1,000,000 Combined Single Limit
All liability insurance policies shall be written on an “occurrence” basis only. All
insurance coverage is to be placed with insurers authorized to do business in the State of
Nebraska and must be placed with an insurer that has an A.M. Best’s Rating of not less that
A:VII unless specific approval has been granted by the City.
All certificates of insurance shall be filed with the City on the standard Accord Certificate
of Insurance form showing the specific limits of insurance coverage required by this section and
showing the City as an additional insured. Such certificate shall specifically state that insurance
policies are to be endorsed to require the insurer to provide the City thirty (30) days notice of
cancellation, non-renewal, or any material reduction of insurance coverage.
24. Assignment. This agreement shall not be assigned or sold, nor the premises
sublet in whole or in part by the Manager except with the prior written consent of the City.
25. Terminations and Cancellation. It is an express condition of this License
Agreement that Manager shall do and perform the agreement as set out herein.
If Manager breaches any of the terms of this agreement or fails to make payments
provided for herein, the City may, upon thirty (30) days written notice, cancel and terminate this
License Agreement if such breach or failure is not cured within such 30 day notice period.
For good and substantial cause, including but not limited to, by Manager or any employee
of the Manager, continued absenteeism, drunkenness, alcohol or drug abuse, illegal gambling or
conduct which reflects discredit on the City or is a direct hindrance to the effective performance
of this agreement or in the event City shall conclude that the operation of said concession in any
respect is substantially detrimental to the best interest of the City, City may, upon written notice
delivered to Manager personally or to the clubhouse, terminate said agreement and order
Manager to vacate the premises immediately, all without further liability to the City.
The exercise of any remedy provided herein shall not preclude the City from exercising
any other remedy, legal or equitable that it may have.
Either party may terminate this agreement with or without cause by giving ninety (90)
days written notice to the other party, at any time during this license.
9
26. Complete Agreement. This License Agreement constitutes the entire agreement
between the parties for the stated period and supersedes all previous agreements and resolutions.
There are no oral agreements nor is this license based upon any oral representation covering the
subject matter of this License.
IN WITNESS WHEREOF, the parties have executed this agreement as of the day and
year first written above.
By: ____________________________________
Don E. Kruse, Manager
Jackrabbit Run Golf Course
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On _________________________, 2007, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Don E. Kruse, known personally to me to be the identical person and such
officer who signed the foregoing License Agreement and acknowledged the execution thereof to be his voluntary
act and deed for the purpose therein expressed on behalf of the corporation.
WITNESS my hand and notarial seal the date above written.
____________________________________
Notary Public
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
By: ___________________________________
Margaret Hornady, Mayor
Attest: ___________________________________
RaNae Edwards, City Clerk
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
Before me, a notary public, qualified in said County personally came Margaret Hornady, Mayor of the City
of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who
signed the foregoing License Agreement and acknowledged that the foregoing signature was her voluntary act and
deed pursuant to Resolution 2007-59, and that the City's corporate seal was thereto affixed by proper authority.
WITNESS my hand and notarial seal on _________________________, 2007.
___________________________________________ Notary Public
10
Exhibit “A”
Two Beer Coolers
One Ice Machine
One Range Picker and Cart
One Beverage Cart
* Range Balls
* Range Ball Washer
* Hot Dog Machine
* Coffee Pot
* Microwave
* Serving Cart
* Items marked are provided by the City but will be the Manager’s
responsibility to replace or repair as needed. If these are replaced, they shall
then become the property of the manager.
Approved as to Form ? _______________
March 9, 2007 ? City Attorney
R E S O L U T I O N 2007-59
WHEREAS, on November 6, 2001, by Resolution 2001-310, the City of Grand Island
entered into a contract with an independent contractor for a golf professional and for the management of the
municipal golf course facility; and
WHEREAS, said contract expired on December 31, 2006; and
WHEREAS, on February 1, 2007, Requests for Qualifications were received, opened and
reviewed for operation and management services for Jackrabbit Run Golf Course; and
WHEREAS, Don E. Kruse of Grand Island, Nebraska, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein; and
WHEREAS, a proposed 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 proposal of Don E. Kruse of Grand Island,
Nebraska, for the operation and management services for Jackrabbit Run Golf Course is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute an agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on March 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Item G13
#2007-60 - Approving Bid Award for (1) Commercial 72" Turf
Mower, Hard Cab & Snow Thrower
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: March 13, 2006
Subject: Purchase of 2007 Commercial 72 inch cut Turf Mower with Hard
Cab and Snow Thrower
Item #’s: G-13
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department, Park Maintenance Division budgeted for the purchase of the 72”
commercial turf mower with hard cab and snow thrower. The mower and attachments will be used for
general park mowing operations and the plowing of snow on the sidewalks and trail system.
Discussion
Bids were received from three companies. The low bid failed to meet specifications (see attached memo).
There are sufficient funds for this purchase in Account No. 10044403-85615
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Move to approve the purchase
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 of the mower/snow blower unit
in the amount of $27,654.00 from TurfWerks of Omaha, NE.
Sample Motion
Motion to approve the purchase of the mower/snow blower unit from TurfWerks in the amount of
$27,654.00.
INTEROFFICE MEMORANDUM
From the
Parks & Recreation Department
Working Together for a
Better Tomorrow, Today.
DATE: February 13, 2007
TO: Steve Paustian, Parks & Recreation Director
FROM: Gregg Bostelman, Park Maintenance Supervisor
RE: Purchase of a New Commercial 72” Turf Mower, Hard Cab & Snow Thrower
--------------------------------------------------------------------------------------------------------
The Park Maintenance Division would make the recommendation to purchase the Jacobsen Turfcat 628
mower, Cab and Snow Thrower from Turfwerks. This bid is the lowest bid that meets the specifications
written for the purchase of the equipment.
The low bid by John Deere (Greenline Equipment) does not meet the requested specifications. The two
major areas of concern are the PTO shaft drive to the mower deck and snow thrower. The bid
specifications note a hydraulic drive to the units. The other item is the John Deere brand snow thrower bid
versus a Loftness snow thrower.
The Park Maintenance Division has one Toro and two John Deere mowers with PTO shaft drives. The
Park Maintenance Division also has two Jacobsen and three Ransome 72” mowers with hydraulic drive to
the attachments.
The Park Maintenance Division operates one John Deere mower with a John Deere snow thrower
attached and two Loftness snow throwers attached to Ransome snow throwers.
The experience and opinion of the Park Maintenance Division is that the hydraulic drive units offer a
smoother vibration free drive system that gives a superior operating and less maintenance required system.
The Park Maintenance Division has seen greater need for bearing replacement and cracking and metal
fatigue on the mowing decks around the gear box of the PTO drive units. The experience with the Loftness
snow thrower is that it is a heavy duty durable thrower. In comparing snow thrower bids Turfwerks priced
the Loftness at $6,700.000, Midwest Turf priced the Loftness at $6,852.00 and Greenline Equipment
priced a John Deere thrower at $3,222.00. It is evident that Turfwerks and Midwest Turf by bidding the
Loftness snow thrower as specified instead of another model were locked in on a higher priced snow
thrower, thus keeping their bids higher.
The specifications for this bid where based on input from operators, mechanics and management from the
Park Maintenance Division and the feeling that these specifications would give the Park Maintenance
Division the best unit for their needs.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: February 7, 2007 at 11:00 a.m.
FOR: (1) Commercial 72” Turf Mower, Hard Cab & Snow Thrower
DEPARTMENT: Parks & Recreation
ENGINEER’S ESTIMATE: $28,000.00
FUND/ACCOUNT: 10044403-85615
PUBLICATION DATE: January 7, 2007
NO. POTENTIAL BIDDERS: 8
SUMMARY
Bidder: Midwest Turf & Irrigation Midwest Turf & Irrigation
Omaha, NE Omaha, NE
Exceptions: None Noted
Make & Model: Toro Groundsmaster 328-D Toro Groundsmaster 7200 72” Recycler
Bid Price: $28,206.00 $32,164.00
Bidder: TurfWerks Green Line Equipment
Omaha, NE Grand Island, NE
Exceptions: None None
Make & Model: 628 Turfcat 4WD John Deere 1435
Bid Price: $27,654.00 $23,467.00 (JoDale-Perry Cab)
$23,083.00 (John Deere Cab)
cc: Steve Paustian, Parks & Recreation Director Gregg Bostelman, Park Main. Supervisor
Patti Buettner, Parks & Recreation Secretary Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary
P1135
Approved as to Form ¤ ___________
March 9, 2007 ¤ City Attorney
R E S O L U T I O N 2007-60
WHEREAS, the City of Grand Island invited sealed bids for One (1) Commercial 72” Turf
Mower, Hard Cab & Snow Thrower, according to plans and specifications on file with the City Parks &
Recreation Department; and
WHEREAS, on February 7, 2007, bids were received, opened and reviewed; and
WHEREAS, TurfWerks of Omaha, Nebraska, submitted a bid in accordance with the
terms of the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $27,654.00; and
WHEREAS, such bid is below the engineer's estimate for such mower.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of TurfWerks of Omaha, Nebraska, in the
amount of $27,654.00 for one commercial front mount mower is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G14
#2007-61 - Approving Lease Agreement with Hall County
Historical Society
Tuesday, March 13, 2007
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: March 13, 2007
Subject: Plum Creek Substation Rental Agreement
Item #’s: G-14
Presenter(s): Steven Lamken, Police Chief
Background
The Police Department has rented office space at the Plum Creek Railroad Station from
the Hall County Historical Society under a multiple year contract. We are recommending
a one year extension of the contract.
Discussion
The Police Department maintains an office at the Plum Creek Railroad Station. The City
has had a multiple year contract with the Hall County Historical Society for the rent of
the office space. An investigator is assigned to work from this office when the
Department is adequately staffed. The Department wants to continue the rent of the office
at the Plum Creek Station for the 2007 calendar year at a monthly cost of $565.00 that
can be paid to the Historical Society on a quarterly basis. We are requesting a one year
contract to continue the agreement.
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 one year contract with the
Hall County Historical Society for rent of the Police Department office at the Plum Creek
Station..
Sample Motion
Motion to approve the one year contract with the Hall County Historical Society for rent
of the Police Department office at the Plum Creek Station at a monthly cost of $565.00
per month payable on a quarterly basis.
Approved as to Form ? _______________
March 8, 2007 ? City Attorney
R E S O L U T I O N 2007-61
WHEREAS, on January 8, 2002, by Resolution 2002-11, the Grand Island Police
Department and the Hall County Historical Society entered into a lease agreement for the use of the
Burlington Depot as a satellite police station; and
WHEREAS, the current lease agreement expired on December 31, 2006; and
WHEREAS, a lease is necessary setting out the terms and conditions for utilizing such office
space, with an anticipated lease term of one year; and
WHEREAS, as rental of the Burlington Depot, the Grand Island Police Department shall
pay the Hall County Historical Society $565.00 per month; and
WHEREAS, the proposed lease 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 Lease by and between the Grand Island Police
Department and the Hall County Historical Society for the use of the Burlington Depot as a satellite police
station is hereby approved; and the Mayor is hereby authorized and directed to execute such lease on
behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on March 13, 2007.
_____________________________________
Margaret Hornady, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Item G15
#2007-62 - Approving Interlocal Agreement with Metropolitan
Area Planning Agency (MAPA) for Aerial Photography
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: March 13, 2007
Subject: Interlocal Agreement with MAPA for Aerial
Photography
Item #’s: G-15
Presenter(s): Chad Nabity, Regional Planning Director
Background
The Metropolitan Area Planning Agency (MAPA) in the Omaha Metropolitan area along
with Adams, Buffalo and Madison Counties and the cities of Columbus, Kearney and
Norfolk are working together to provide high resolution aerial photography for their
respective jurisdictions. This project involves cooperation on many levels and will result
in a significant cost savings to all entities involved in this project.
Discussion
The City of Grand Island along with Hall County purchased aerial photography in 2002.
At that time approximately $120,000 was spent on the photography and processing. In
2005 the City of Grand Island participated in a project with the Nebraska Department of
Health and Humans Services and multiple communities around the State to purchase
aerial photography. The City of Grand Island’s cost for aerial photos in 2005 was just
over $20,000 after credit for federal funding.
The City of Grand Island has the opportunity to update photos for Grand Island and
surrounding areas in 2007 for a maximum cost to the City of $42,000. These funds are
available within the current Public Works Engineering and Utilities budgets. The same
area that was photographed in 2005 would be shot in 2007. The 2007 photos will also
include more information as a new Digital Elevation Model will be developed.
Participation in this cooperative effort will allow the city to update photos every 3 years
for less than 1/3 of the cost of updating the photos on our own.
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 as
presented.
Sample Motion
Motion to approve the Interlocal Agreement as presented.
AN AGREEMENT BETWEEN THE OMAHA-COUNCIL BLUFFS METROPOLITAN AREA PLANNING
AGENCY, AND THE CITY OF GRAND ISLAND NEBRASKA TO OBTAIN DIGITAL MAP PRODUCTS
FOR THE REGION
THIS AGREEMENT, made and entered into this day of , 2007 by and between the
Omaha-Council Bluffs Metropolitan Area Planning Agency (hereinafter called MAPA), and the City of
Grand Island Nebraska,
WITNESSETH:
WHEREAS, a group of agencies from Eastern Nebraska and Western Iowa (Nebraska-Iowa Regional
Orthophotography Consortium), hereinafter called the NI-ROC, and MAPA officials have mutually agreed
the NI-ROC area will benefit from the mapping products to be obtained and have determined that such
products can be acquired at a lower cost through a joint mapping effort than if acquired by individual
agencies.
WHEREAS, the NI-ROC and MAPA officials have further determined that the mutual sharing of all
products obtained under this agreement, as well as other non-proprietary digital data already owned by
NI-ROC members, benefits all NI-ROC agencies
NOW, THEREFORE, the parties do agree that:
I.
PURPOSE
The purpose of this agreement is to provide for the funding and administration of a Mapping Project
(hereinafter called the Project). The project shall be undertaken by the Mapping Firm of GE/M.J. Harden
Associates, Inc.
II.
STEERING COMMITTEE
A Steering Committee shall be formed, which shall be made up of at least five representatives of the NI-
ROC members, and which shall be responsible for guiding the conduct of the Project, and deciding
whether to accept the finished products of the Project Contractor. The Steering Committee shall select a
Project Manager who will be the point of contact between MAPA and GE/M.J. Harden Associates, Inc..
The Steering committee will provide general direction relating to Project contract administration; such
direction will be carried out by the Project Manager. The Steering Committee will provide staff resources
necessary to review the Mapping Products and to distribute and install the products for NI-ROC members.
III.
SCOPE OF SERVICES
The scope of services to be performed or procured pursuant to this agreement will be as described in the
Contract between MAPA and GE/M.J. Harden Associates, Inc. The work shall include obtaining aerial
photography for the contiguous area of Cass, Dodge, Douglas, Lancaster, Sarpy, Saunders and
Washington Counties, and Nebraska City in Nebraska and Mills and Pottawattamie Counties in Iowa, and
the non-contiguous areas of Adams, Buffalo, and Madison Counties and the cities of Columbus, Grand
Island, Kearney, and Norfolk in Nebraska. All of Washington, Douglas, Sarpy, Cass and Lancaster
Counties, and Nebraska City have been selected for new building polygon creation. Pottawattamie County
will receive updates to its existing building footprints. The Contractor will produce digital orthophotos and
other digital mapping products, as further specified in the Contract, within the mapping area.
IV.
METHODS AND PROCEDURE
The work program developed by the Steering Committee shall be performed by GE/M.J. Harden
Associates, Inc. GE/M.J. Harden Associates, Inc. who is recognized to have expertise in the field of this
endeavor. MAPA shall enter into the contract with GE/M.J. Harden Associates, Inc. for completion of the
contemplated work. No contract shall be signed with GE/M.J. Harden Associates, Inc. until MAPA and
the NI-ROC members have executed this Interlocal Agreement. After completion of the Project by
GE/M.J. Harden Associates, Inc. each party to this Agreement shall receive a copy of the Digital Mapping
Products which may be used for whatever purpose they desire.
V.
FEES, RECORDS, PAYMENT
MAPA shall make payment in response to the billings by GE/M.J. Harden Associates, Inc.
GE/M.J. Harden Associates, Inc. shall provide regular progress reports which shall be available to all NI-
ROC members via the internet. An account of Project billings and payments by MAPA shall be made
available to NI-ROC members upon request.
MAPA shall bill the City of Grand Island as agreed upon. The City of Grand Island shall pay MAPA a total
amount of $40,785.01. Payments will be made within 30 days of receipt of bill.
VI.
ADMINISTRATION
Administration of the Project shall be the responsibility of MAPA. The Steering Committee shall review
payment decisions made by MAPA before payment is made to GE/M.J. Harden Associates, Inc. Payment
may be withheld if, in the opinion of the Steering Committee, GE/M.J. Harden Associates, Inc. has not
properly performed or documented the services for which the billing has been made, or if said services
are not within the approved scope of services.
VII.
DURATION
This Agreement shall remain in full force and effective until March 31, 2008, unless the Project
contemplated by this Agreement has been fully performed to the satisfaction of MAPA and the NI-ROC
prior to that date, in which case, the Agreement will terminate upon the completion of the Steering
Committee’s duties. This Agreement may be extended past March 31, 2008, upon the mutual agreement
of all parties to this Agreement, if it is necessary for completion of the Project contemplated by it.
VIII.
NON-DISCRIMINATION
The parties to this Agreement shall not, in the performance of this Agreement discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age,
disability, political or religious opinions, affiliations or national origin.
IX.
APPLICABLE LAW
Parties to this Agreement shall conform with all existing and applicable local ordinances, resolutions,
state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will
govern the terms and the performance under this Agreement.
X.
STRICT COMPLIANCE
All provisions of this Agreement and each and every document that shall be attached shall be strictly
complied with as written, and no substitution or change shall be made except upon written direction from
an authorized representative.
XI.
MERGER
This Agreement shall not be merged into any other oral or written contract, lease or deed of any type.
This is the complete and full agreement of the parties.
XII.
MODIFICATION
This Agreement contains the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent, employee or other
representative of either party is empowered to alter any of the terms hereof unless done in writing and
signed by an authorized officer of the respective parties.
In WITNESSETH WHEREOF, the parties hereto have caused this instrument to be signed and sealed by
their duly authorized representative.
OMAHA-COUNCIL BLUFFS ATTEST:
METROPOLITAN AREA PLANNING AGENCY
BY: BY:
Chairman Date
CITY OF GRAND ISLAND ATTEST:
BY: BY:
Mayor Date
APPROVED AS TO FORM
MAPA Legal Council Date
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-62
WHEREAS, in 2002, the City of Grand Island and the County of Hall spent approximately
$120,000 on photography and processing for aerial photographs to be taken of the area; and
WHEREAS, it is has been recommended that a group of government entities unite to
update the aerial photographs in their respective regions at a more cost effective rate; and
WHEREAS, the Metropolitan Area Planning Agency (MAPA) in the Omaha Metropolitan
area along with Adams County, Buffalo County and Madison County and the cities of Columbus, Kearney
and Norfolk have indicated an interest in working together to provide high resolution aerial photography for
their respective jurisdictions; and
WHEREAS, this project involves cooperation on many levels and will result in a significant
cost savings to all entities involved in this project; and
WHEREAS, the City's cost share of the project will be no more than $42,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperative Agreement by and
between the Metropolitan Area Planning Agency (MAPA), Adams County, Buffalo County, Madison
County and the cities of Columbus, Kearney and Norfolk and the City of Grand Island, is hereby approved
according to the terms set out in the agreement.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Interlocal Cooperative Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
__________________________________
RaNae Edwards, City Clerk
Item G16
#2007-63 - Approving Grant Award from Region III Behavioral
Health Services
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Wendy Meyer-Jerke, Public Information Officer
Council Meeting: March 13, 2007
Subject: Accept Grant Award from Region III Behavioral
Health Services
Item #’s: G-16
Presenter(s): Wendy Meyer-Jerke, Public Information Officer
Background
The City of Grand, Community Youth Council, has been awarded $900 from Region III
Behavioral Health Services to help fund the 2007 “Family Day in the Park”. The
application proposed a follow-up project that built on a pilot 2006 “Family Day in the
Park” event which combined existing annual CYC activities and expanded them into
ONE day-long family event. The event promoted family interaction and taught Bi-lingual
drug use prevention and the risks of methamphetamine use. The 2007 event will build on
the pilot project from last year, adjust some programming issues, and change the focus
from methamphetamine use to the reduction of alcohol use among youth.
The grant was submitted on February 2, 2007 to Region III and will help to offset costs
for the event.
Discussion
Some of the organizations that the City of Grand Island and the Community Youth
Council may partner with to sponsor the event include: Central Nebraska Council on
Alcoholism, Central District Health Department, Parks and Recreation Department,
Youth Leadership Tomorrow, Tobacco Free Hall County, and the Public Library. The
following activities will take place the day of the event:
1) A morning Disc Golf tournament for all ages and family teams will be offered at
the Stolley Park Disc Golf Course. This popular event draws participants from
across the state of Nebraska and from out of state. There are both youth and adult,
beginner and proficient categories. Cash prizes are given, as well as donated items
from community businesses.
2) An Education pavilion will be available during the day with participation from
drug prevention/awareness community groups. Community groups with an
emphasis on drug use prevention will be invited to participate in an effort to avoid
duplication of other family-friendly events that focus on other risky behaviors or
threats to health and safety (i.e. Children’s Day Festival).
3) Afternoon family activities will include an inflated castle for bouncing, snow
cones, cotton candy and popcorn. The committee has invited the Army National
Guard to bring their rock climbing wall to the 2007 event. Adrian Valez, the
Guard representative, has expressed interest in participating. A sports clinic, face
painting, relay courses, and activities that show drug impairment will be available.
4) An age appropriate, value positive evening movie will be shown to families and
youth of all ages. Prior to the main feature, a short alcohol abuse video will be
aired.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Accept the grant award from Region III and authorize expenditure of funds by
resolutio n
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
4. Take no action.
Recommendation
City Administration recommends that the grant award from Region III be accepted and
expenditure of funds authorized by resolution.
Sample Motion
Motion to accept the grant award from Region III and authorize expenditure of funds by
resolution.
Approved as to Form ¤ ___________
March 9, 2007 ¤ City Attorney
R E S O L U T I O N 2007-63
WHEREAS, On February 2, 2007, the City of Grand Island, on behalf of the Community
Youth Council, submitted a grant application to Region III Behavioral Health Services to assist in funding
the 2007 Family Day in the Park; and
WHEREAS, Region III Behavioral Health Services has recommended that the City of
Grand Island be provided grant funds awarded to the Community Youth Council, City of Grand Island, in
the amount of $900.00; and
WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in
acceptance of the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the grant funds awarded to the City of Grand
Island, Community Youth Council in the amount of $900.00 to assist in funding the 2007 Family Day in the
Park is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such grant on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2007-64 - Approving Inter-Local Agreement for Nebraska Storm
Water Communities Cooperative
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer/Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Interlocal Agreement for the Nebraska Storm
Water Cooperative
Item #’s: G-17
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City of Grand Island and 9 other non-metropolitan Cities including: Beatrice,
Columbus, Fremont, Hastings, Kearney, Lexington, Norfolk, North Platte, and
Scottsbluff were designated by the Nebraska Department of Environmental Quality and
the Environmental Protection Agency (EPA) as National Pollutant Discharge Elimination
System (NPDES) Phase II Storm Water Communities. These Communities have formed
the Nebraska Storm Water Cooperative.
The Nebraska Storm Water Cooperative has adopted a shared Storm Water Management
Plan (sMS4 Wide Storm Water Management Plan). This sMS4 Wide Storm Water
Management Plan is in accordance with the regulations in the Nebraska Department of
Environmental Quality (NDEQ) General Permit to release Storm Water to the waters of
the State.
Discussion
The 10 member Communities of the Nebraska Storm Water Cooperative wish to continue
working on the development and implementation of the ir shared Storm Water
Management Plan (sMS4 Wide Storm Water Management Plan). The Interlocal
Agreement will enable the Communities to cooperate with one another to facilitate the
performance of their obligations under the laws of the State of Nebraska and the United
States of America regarding the management of Storm Water.
Alternatives
1. Make a motion to authorize the mayor to sign the Interlocal Agreement for the
Nebraska Storm Water Cooperative.
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
4. Take no action.
Recommendation
City administration recommends that the Council approve the resolution authorizing the
Mayor to sign the Interlocal Agreement for the Nebraska Storm Water Cooperative.
Sample Motion
Move to approve the Interlocal Agreement.
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INTERLOCAL AGREEMENT
This agreement is made pursuant to the Interlocal Cooperation Act,
Neb.Rev.Stat. §§13-801ff. The parties to the agreement are the City of Beatrice, the
City of Columbus, the City of Fremont, the City of Grand Island, the City of Hastings, the
City of Kearney, the City of Lexington, the City of Norfolk, the City of North Platte, and
the City of Scottsbluff. All of the parties are municipal corporations established
pursuant to the laws of the State of Nebraska.
ARTICLE I. PURPOSE OF THE AGREEMENT
The purpose of this agreement is to enable the parties to cooperate with one
another to facilitate their performance of their obligations under the laws of the State of
Nebraska and the United States of America regarding the management of storm water.
This cooperation shall include but not be limited to:
1. Jointly meeting and consulting with one another about storm water management
issues.
2. Developing and recommending to their governing bodies appropriate
legislation addressing storm water management issues.
3. Developing appropriate public educational materials and programs regarding
storm water management issues.
4. Developing a common web site to facilitate public education, to enable
members of the public to report violations of storm water regulations, and for
such other functions as may be deemed appropriate and beneficial.
5. Developing a computer program to facilitate reporting, monitoring, and such
other functions as may be appropriate and beneficial.
6. Jointly purchasing items from time to time so that quantity discounts can be
obtained.
7. Jointly purchasing items from time to time for the parties’ common use in
carrying out the purposes of this agreement.
8. Jointly hiring consultants, accountants, attorneys, and such other persons with
such expertise as the parties may decide would be beneficial.
ARTICLE II. GOVERNING BOARD
1. To conduct the joint and cooperative undertaking, there is hereby established
the Storm Water Communities Cooperative Board (“the Board”). The governing body
of each party to this agreement will designate an officer or employee to serve on the
Board. A certified copy of the resolution or other document designating such
representative shall be furnished to the Public Works Director of the City of Grand
Island, to be included in the books and records of the Board.
2. The Board shall carry out the functions described in Article I herein, and such
other functions as it may decide appropriate to accomplish the purposes of this
Agreement, including but not limited to:
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(a) Defining storm water management program service needs (operation
and maintenance and regulatory compliance) and desired levels of
service for each party.
(b) Providing access to staff and appropriate administrative services and
data for understanding the needs for the defined service and desired
levels of service; and information on existing commitment in storm water
management.
(c) Making recommendations for facilitating outreach, education, and public
meetings to inform citizenry about comprehensive Storm Water
Management Program service needs and desired service levels. Each
Party will hold public meetings as required and the parties will provide
staff to support these meetings.
(d) Reviewing and evaluating the results of the parties’ development project,
the Storm Water Management Program and the funding for the program
as it is developed by the project.
3. The Board shall meet from time to time as the parties may agree. Unless the
parties agree otherwise, such meetings will be held at City Hall, 100 East First Street,
Grand Island, Nebraska.
4. The books and records of the Board shall be kept at by the Public Works
Department of the City of Grand Island. All parties shall have access to such books and
records during the regular business hours of the City of Grand Island.
5. Minutes of each meeting of the Board shall be kept by an employee of the City
of Grand Island, to be designated by the Public Works Director of the City of Grand
Island. All notices of meetings shall be mailed to, first class mail, to the parties at the
addresses specified elsewhere in this agreement. It is contemplated that Chapter 84,
Article 14, Revised Statutes of Nebraska (pertaining to public meetings) is applicable
to such meetings. Each party shall meet the requirements of the Chapter 84, Article 14,
Revised Statutes of Nebraska by the same procedures it uses in publicizing meetings
of its City Council.
6. Each party acknowledges that it has its own obligations in the management of
storm water. It is contemplated that each party will incur expenses of various kinds,
including but not limited to staff time, equipment, engineers, consultants, and attorneys
to meet these obligations. No party will be entitled to reimbursement for such expenses
ARTICLE III. FUTURE COSTS
The parties contemplate that additional costs may be incurred in carrying out the
purposes of this agreement. Such costs may be shared among the parties according
to the following formula. The population of each party is that determined by the most
- 3 -
recent federal census. Each party may pay that proportion of the cost that its population
bears to the total population of all parties. No costs shall be incurred for any individual
expenditure that will result in any party's share being more than seven thousand five
hundred dollars unless a specific agreement is made. No party shall be obligated to
participate in the paying of such costs in the absence of a specific agreement.
ARTICLE IV.
JOINTLY PURCHASED ITEMS FOR INDIVIDUAL USE BY THE PARTIES.
The parties contemplate that it may be desirable from time to time to jointly
purchase items for their individual use so that quantity discounts can be obtained. No
party shall be obligated to participate in such a joint purchase. The cost of the items
purchased and the distribution of the items to the parties will be as the parties
participating in the purchase may agree.
ARTICLE V. ITEMS PURCHASED FOR COMMON USE.
The parties contemplate that it may be desirable from time to time to jointly
purchase items for the common use of the parties. Any item so purchased will be
deemed to be the property of the City of Grand Island, but will be available for the use
of all parties who participated in the purchase, under such terms as the parties may
agree.
ARTICLE VI. NO COMPENSATION TO GRAND ISLAND.
In consideration of the fact that the representatives from the City of Grand Island
will generally not have to travel to attend meetings of the Board, thus resulting in a
financial saving for the City of Grand Island, the City of Grand Island will receive no
compensation for performing the functions and providing a meeting place as described
in Articles II and V herein.
ARTICLE VII. NOTICES.
Any notice to any party shall be mailed, first class mail postage prepaid, to the
following:
City of Beatrice City of Columbus
ATTN: Stormwater ATTN: City Engineer
400 Ella Street 2424 14th Street
Beatrice, NE 68310 Columbus, NE 68601
City of Fremont City of Grand Island
ATTN: Stormwater ATTN: Stormwater
400 E. Military Avenue 100 East First Street
Fremont, NE 68025 Grand Island, NE 68801
- 4 -
City of Hastings City of Kearney
ATTN: Stormwater ATTN: Stormwater
220 North Hastings Avenue 18 E. 22nd Street, P.O. Box 1180
Hastings, NE 68901 Kearney, NE 68848
City of Lexington City of Norfolk
ATTN: Stormwater ATTN: Stormwater
406 E. 7th Street 127 North First Street
Lexington, NE 68850 Norfolk, NE 68701
City of North Platte City of Scottsbluff
ATTN: City Engineer ATTN: Stormwater
211 West 3rd Street 1818 Avenue A
North Platte, NE 69101 Scottsbluff, NE 69361
Any party may designate additional or different addresses for communication by
notice given under this section to the other parties.
ARTICLE VIII. MISCELLANEOUS.
1. This agreement shall be of indefinite duration.
2. Any party may withdraw from this agreement by giving 30 days written notice to
each other party. A withdrawing party shall bear no responsibility for costs incurred by
the Board after the date of notice of withdrawal has been given to the other parties;
Provided however, that the withdrawing party shall remain obligated for its
proportionate share of the costs of any obligations incurred before prior to the date it
gives notice of withdrawal.
3. Each party will finance its obligations under this agreement though its ordinary
budgeting processes.
4. No Party shall sell or assign any interest in or obligation under this Agreement
without the prior express written consent of all other Parties.
5. Any communication required or permitted by this Agreement must be in writing
except as expressly provided otherwise in this Agreement.
6. No separate entity is created by this Agreement.
7. If any provision of this Agreement shall be unenforceable, such provision, to the
extent permitted by law, shall be severed from this Agreement, leaving the remaining
provisions intact.
8. This Agreement constitutes the entire contract between the parties, and this
Agreement shall not be changed except in writing signed by all the parties.
9. No officer, agent or employee of any party shall be subject to any liability or
accountability by reason of the execution of this of this Agreement or any other
documents related to the transactions contemplated hereby. Such officer, agents, or
employees shall be deemed to execute such documents in their official capacities only,
and not in their individual capacities. This section shall not relieve any such officer,
- 5 -
agent or employee from the performance of any official duty provided by law. The
officials and employees of each party shall not be deemed agents or employees of any
other party in performance of this Agreement.
10. This Agreement may be executed in several counterparts, each shall be an
original, but all of them together constitute the same instrument.
11. This Agreement shall not affect any existing contract among the parties, unless
in irreconcilable conflict with such other contract.
12. The execution of this Agreement by the City of Grand Island and five other
parties named herein shall be sufficient to make this Agreement effective among the
parties which have executed it.
IN WITNESS WHEREOF the Parties have caused this Agreement to be
executed in their Community names by their duly authorized officers, all as of the date
first above written.
CITY OF BEATRICE, NEBRASKA
By_____________________________________
Mayor
CITY OF COLUMBUS, NEBRASKA
By_____________________________________
Mayor
CITY OF FREMONT, NEBRASKA
By_____________________________________
Mayor
CITY OF GRAND ISLAND, NEBRASKA
By_____________________________________
Mayor
CITY OF HASTINGS, NEBRASKA
By_____________________________________
Mayor
CITY OF KEARNEY, NEBRASKA
By_____________________________________
Mayor
CITY OF LEXINGTON, NEBRASKA
- 6 -
By_____________________________________
Mayor
CITY OF NORFOLK, NEBRASKA
By_____________________________________
Mayor
CITY OF NORTH PLATTE, NEBRASKA
By_____________________________________
Mayor
CITY OF SCOTTSBLUFF, NEBRASKA
By_____________________________________
Mayor
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-64
WHEREAS, the City of Grand Island and the communities of Beatrice, Columbus,
Fremont, Hastings, Kearney, Lexington, Norfolk, North Platte and Scottsbluff have been designated as
National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Communities by the
Nebraska Department of Environmental Quality; and
WHEREAS, the Nebraska Storm Water Cooperative has adopted a shared Storm Water
Management Plan (sMS4 Wide Storm Water Management Plan) in accordance with the regulations in the
Nebraska Department of Environmental Quality General Permit to release storm water to the waters of the
State of Nebraska; and
WHEREAS, the NPDES Phase II Storm Water Communities wish to continue the
development of their shared Storm Water Management Plan (sMS4 Wide Storm Water Management
Plan); and
WHEREAS, an Interlocal Agreement will enable the communities to facilitate the
performance of their obligations under the laws of the Stated of Nebraska and the United States regarding
the management of Storm Water.
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 communities of Beatrice, Columbus, Fremont, Hastings, Kearney,
Lexington, Norfolk, North Platte and Scottsbluff, for the development and implementation of a shared
Storm Water Management Plan (sMS4 Wide Storm Water Management Plan) is hereby approved; and the
Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Item G18
#2007-65 - Approving Program Agreement with the Nebraska
Department of Roads Regarding the Wasmer Detention Cell
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Riehle, City Engineer / Public Works Directo
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 13, 2007
Subject: Approving Program Agreement with the Nebraska
Department of Roads for the Wasmer Detention Cell
Item #’s: G-18
Presenter(s): Steven P. Riehle, Public Works Director
Background
The NDOR is taking the lead on a joint project to widen US Highway 30 (2nd Street)
from Grant Street to Greenwich Street. The project will widen the existing 4-lane
roadway to a 5- lane roadway and include new concrete surfacing, roadway lighting,
sidewalks, driveways, a replacement water main, and new storm sewer. The drainage will
be improved by having positive slopes on the new concrete pavement, thus eliminating
the standing water after a rainfall event.
Discussion
The city is upgrading the storm sewer along Logan Street, Broadwell Avenue and
Madison Street from the US Highway 30 project to the Wasmer Detention cell. The
program agreement will allow the city to use Federal STP funds for storm sewer
upgrades.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve a resolution authorizing the Mayor to execute the agreement.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
Administration recommends that the Council approve a Resolution authorizing the Mayor
to sign the program agreement with the NDOR for the Wasmer Detention Cell project.
Sample Motion
Motion to approve program agreement with the NDOR for the Wasmer detention cell.
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-65
WHEREAS, the City has been working with the Nebraska Department of Roads on a joint
project to widen U.S. Highway 30 (2nd Street) from a 4-lane to a 5-lane roadway; and
WHEREAS, the City is upgrading the storm sewer along Logan Street, Broadwell Avenue
and Madison Street from US Highway 30 to the Wasmer Detention Cell; and
WHEREAS, the Program Agreement with the Nebraska Department of Roads will improve
the drainage along US Highway 30 and at the 3rd Street and Broadwell Avenue intersection; and
WHEREAS, the Program Agreement has been reviewed and approved by the City
Attorney's office for this purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Program Agreement by and between the City
and the Nebraska Department of Roads and the City of Grand Island is hereby approved; and the Mayor is
hereby authorized and directed to execute such contract and related documents on behalf of the City of
Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2007-66 - Approving Marketing Plan for the Parks and
Recreation Department
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: March 13, 2007
Subject: Marketing Plan for the Park and Recreation Department
Item #’s: I-1
Presenter(s): Steve Paustian, Park and Recreation Director
Background
The Park and Recreation Department is in the unique position for a governmental agency to offer services
that need to be marketed. Unlike the electric utility, for example, that has a captive market. With the
construction of Island Oasis, Jackrabbit Run Golf Course, and now the Heartland Public Shooting Park, it
is in the best interest of the City to market these venues to try to maximize revenue.
Discussion
The Park and Recreation Department has formulated a policy to allow for promotions, give-a-ways, and
cross marketing promotions to help generate additional revenues and increase public awareness for the
various Park and Recreation Department facilities (see attached policy).
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 adoption of this marketing policy.
Sample Motion
Motion to approve the marketing policy.
In an effort to enhance the current marketing plan for the City’s recreational facilities, the Parks
& Recreation Department is proposing to adopt some additional promotional strategies. The new
promotional ideas are designed to increase facility awareness, attendance, revenue, and customer
satisfaction. The marketing plan is intended to primarily impact Island Oasis Water Park,
Heartland Public Shooting Park, and Jackrabbit Run Golf Course.
Coupons Circulate discount coupons through newspaper ads, flyers, or other
advertising. Coupon discounts should not exceed the facilities best
group rate as established by the budget fee structure.
Cooperative Marketing Make agreements with beverage companies, restaurants, potato
chip companies, etc. to distribute marketing materials. Example:
Island Oasis flyer on pizza boxes in trade for pizza coupon on back
of Island Oasis admissions ticket.
Giveaways Random drawings on location or through promotional events for
free admission, concessions or merchandise items. Giveaways
shall not exceed .005% of the facilities budgeted revenue.
Rain-Checks With facility managers digression, give rain-checks to deserving
customers. Parks & Recreation Administrative Office will maintain
and review rain-check distribution log.
Specialty Promotions Example - Birthday Party Package: Offer free admission for B-day
boy/girl with free lifejacket rental to group, and include specialty
birthday decorations for the event.
Day Promotions Examples Include:
Fathers Day – All dads admitted free
Child Care Day – All providers admitted free
Baseball/Softball Day – Players admitted for $1.00 off and all
coaches admitted free
The Parks & Recreation Director will annually review all promotions for viability.
Approved as to Form ¤ ___________
March 8, 2007 ¤ City Attorney
R E S O L U T I O N 2007-66
WHEREAS, the City of Grand Island, Parks and Recreation Department, is proposing to
adopt additional promotional strategies to enhance current marketing plans for Island Oasis Water Park,
Heartland Public Shooting Park and Jackrabbit Run Golf Course; and
WHEREAS, the Parks and Recreation Department has formulated a policy to allow for
marketing promotions to generate additional revenues and increase public awareness for the Parks and
Recreation facilities; and
WHEREAS, the proposed marketing plan 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 marketing plan proposed by the Parks and
Recreation Department of the City of Grand Island to promote additional revenues for the Parks and
Recreation Department, including the Island Oasis Water Park, Heartland Public Shooting Park and
Jackrabbit Run Golf Course is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 13, 2007.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of February 28, 2007
through March 13, 2007
The Claims for the period of February 28, 2007 through March 13, 2007 for a total amount
of $2,307,448.08. A MOTION is in order.
Tuesday, March 13, 2007
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 February 28, 2007 through March 13, 2007
The Claims for the Library Expansion for the period of February 28, 2006 through March
13, 2007 for the following requisitions:
#54 $ 2,261.54
#55 580.66
#56 285,558.05
#57 3,842.69
#58 70.00
#59 1,800.00
#60 455.00
#61 1,234.18
#62 2,407.41
Total: $298,209.53
A MOTION is in order.
Tuesday, March 13, 2007
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council