02-26-2008 City Council Regular Meeting PacketCity of Grand Island
Tuesday, February 26, 2008
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Tom Brown
Larry Carney
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
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 Paul Hofrichter, Evangelical Free Church, 2609 South Blaine
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 E1
Public Hearing on Request from AYR, Inc. dba El Toro Mexican
Restaurant, 3425 West State Street for an Addition to their Class
"I-61118" Liquor License
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: February 26, 2008
Subject: Public Hearing on Request of AYR, Inc. dba El Toro
Mexican Restaurant, 3425 West State Street for an
Addition to Class “I-61118” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street has submitted an
application for an addition to their Class “I-61118” Liquor License. The request includes
an area of approximately 62’ x 21’ to be added to the east side of their building and
moving the outdoor area from the east side of the building to the north side. (See attached
drawing.)
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, and Health Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application.
Sample Motion
Move to approve the application for an addition from El Toro Mexican Restaurant Liquor
License “I-61118” located at 3425 West State Street.
Item E2
Public Hearing on Acquisition of Sanitary Sewer Easement in the
SE 1/4 of the NE 1/4 of Section 23-11-10 between Springdale
Second Subdivision & North Road (Karen J. Bredthauer)
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: February 26, 2008
Subject: Public Hearing on Acquisition of Sanitary Sewer
Easement in the SE 1/4 of the NE 1/4 of Section 23-11-
10 between Springdale Second Subdivision and North
Road
Item #’s: E-2 & G-14
Presenter(s): Steven P. Riehle, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
be conducted with the acquisition approved by the City Council. A Sanitary Sewer
Utilities Easement is needed in unplatted land in the SE 1/4 of the NE 1/4 of Section 23-
11-10 between Springdale Second Subdivision and North Road to accommodate sanitary
sewer. The easement will allow for the construction, operation, maintenance, extension,
repair, replacement, and removal of sanitary sewer within the easement.
Discussion
The subdivision is being developed in phases and sanitary sewer to serve the current
phase must be extended across a future phase where an easement or street right-of-way
does not exist. The new easement will be twenty (20') feet wide and will provide an
easement to place sanitary sewer at this location.
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 – this will delay the development of this
subdivision
4. Take no action on the issue – this will prohibit the development of this
subdivision
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Easement.
Sample Motion
Move to approve the acquisition of the Easement.
Item G1
Approving Minutes of February 12, 2008 City Council Regular
Meeting
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
February 12, 2008
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 12, 2008. Notice of the meeting was given in The Grand Island Independent
on February 6, 2008.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember’s Brown, Haase, Zapata, Nickerson, Gericke, Carney,
Gilbert, Ramsey, Niemann, and Meyer. The following City Officials were present: City
Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director David Springer, City
Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Pastor Jay Vetter, Trinity United Methodist Church, 511 North
Elm Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady commented on the new voting/sound/visua l
system in the Council Chambers. Mayor Hornady acknowledged Community Youth Council
members Megan Bombeck, Lauren Shoemaker, and Kayla Harris. Introduced were Boy Scout
Troop #117 and Scout Master Rod Boehler.
PUBLIC HEARINGS:
Public Hearing on the One and Six Year Street Improvement Program. Steve Riehle, Public
Works Director reported that adoption of a One and Six Year Street Improvement Program was
required by State law as part of the requirements to receive approximately three million dollars
of state gas tax funds each year. This item was referred to the Regional Planning Commission by
Council at their January 22, 2008 Regular Meeting. The Regional Planning Commission
conducted a Public Hearing at their February 6, 2008 meeting. Mr. Riehle presented a
PowerPoint explaining the recommendations. Attorney Daniel Placzek, 104 North Wheeler
Avenue representing Dan & Chris Fogland spoke in opposition to the Broadwell underpass,
Marlan Ferguson, representing the Economic Development Corporation spoke in support of
several projects, Jay Vavricek, 2729 Brentwood Blvd. spoke of concerns of traffic east of
Highway 281 to Webb Road. No further public testimony was heard.
Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmar
Avenue for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application
had been received from Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmar Avenue for a
Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on January 14, 2008; notice to
the general public of date, time, and place of hearing published on February 2, 2008; notice to the
applicant of date, time, and place of hearing mailed on January 14, 2008; along with Chapter 4 of the
City Code. Staff recommended approval contingent upon final inspections. Pat Hensley representing
Hy-Vee spoke in support. No further public testimony was heard.
Page 2, City Council Regular Meeting, February 12, 2008
Public Haring on Request from Hy-Vee, Inc. dba Hy-Vee Gas #1221, 118 Wilmar Avenue for a
Class “D” Liquor License. RaNae Edwards, City Clerk reported that an application had been
received from Hy-Vee, Inc. dba Hy-Vee Gas #1221, 115 Wilmar Avenue for a Class “C” Liquor
License. Ms. Edwards presented the following exhibits for the record: application submitted to the
Liquor Control Commission and received by the City on January 14, 2008; notice to the general
public of date, time, and place of hearing published on February 2, 2008; notice to the applicant of
date, time, and place of hearing mailed on January 14, 2008; along with Chapter 4 of the City Code.
Staff recommended approval contingent upon final inspections. Pat Hensley representing Hy-Vee
spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3321 Island Circle – West of
Webb Road and South of Highway 30 (GIAET, LLC). Gary Mader, Utilities Director reported
that a utility easement was needed at 3321 Island Circle in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The easement would be
used to place high voltage cable and a pad-mounted transformer to provide electric service to the new
Lacy building. Staff recommended approva l. No public testimony was heard.
Public Hearing on Acquisition of Public Utility Easement Located at 731 Allen drive in Lot 1
and Lot 2 of Meadowlark West Fifth Subdivision (Allen Phase III, LLC). Steve Riehle, Public
Works Director reported that a public utility easement was needed on Lots 1 and 2 of Meadowlark
West Fifth Subdivision for the extension of sanitary sewer. Staff recommended approval. No public
testimony was heard.
CONSENT AGENDA: Motion by Zapata, second by Nickerson to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of January 22, 2008 City Council Regular Meeting.
Approving Minutes of January 26, 2008 City Council Special Study Session Retreat.
Approving Appointment of Bruce Eberle to Business Improvement District #5.
#2008-31 – Approving Change Order #1 for Public Safety Drive Paving, Street Improvement
Project Number 2006-P-2 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska for an
increase of $967.00 and a Revised Contract Amount of $250,330.48.
#2008-32 – Approving Certificate of Final Completion for Street improvement Project Number
2006-P-2, Public Safety Drive with Starostka Group Unlimited, Inc. of Grand Island, Nebraska.
#2008-33 – Approving the Certificate of Compliance with the Nebraska Department of Roads
for Maintenance Agreement No. 12; Calendar Year 2007.
#2008-34 – Approving Bid Award for Sanitary Sewer District No. 96 Replacement, Between
Yund & Division Streets, from Plum Street tot Vine Street with The Diamond Engineering Co.
of Grand Island, Nebraska in an Amount of $47,797.23.
#2008-35 – Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads.
Page 3, City Council Regular Meeting, February 12, 2008
#2008-36- Approving Acquisition of Utility Easement Located at 3321 Island Circle, West of
Webb Road and South of Highway 30 (GIAET, LLC).
#2008-37 – Approving Bid Award for Office, Lab & Maintenance Room Fire Protection at Platte
Generating Station with Nebraska Fire Sprinkler of Alda, Nebraska in an Amo unt of $41,200.00.
#2008-38 – Approving Confidentiality Agreement for Community Wind Energy Transmission,
LLC.
#2008-39 – Approving Bid Award for Skid Steer Loader for the Water Shop, Utilities
Department with Central Nebraska Bobcat of Grand Island, Nebraska in an Amount of
$47,457.73.
#2008-40 – Approving Extension Request for Block Grant 05-CR-015 Community
Revitalization, Phase I.
#2008-41 – Approving Subordination Agreement for Tony and Kristy Casarez, 610 East 12th
Street.
#2008-42 – Approving License Agreement with America’s Promise Alliance for Use of Logo.
#2008-43 – Approving Final Plat and Subdivision Agreement for Dinsdale Subdivision. It was
noted that owner, Dinsey, L.L.C. had submitted the Final Plat and Subdivision Agreement for
Dinsdale Subdivision located on replat Lot 1, Hamilton-Kinman Subdivision and a tract of land
in the SE 1/4 of Section 24-11-10 consisting of approximately 7.002 acres for the purpose of
creating 2 lots.
#2008-44 – Approving Change Order No. 17 with Chief Construction Company of Grand Island,
Nebraska for Law Enforcement Center for an Increase of $6,695.55 and a Revised Contingency
Fund Amount of $69,926.45.
#2008-45 – Approving Change Order No. 18 with Chief Construction Company of Grand Island,
Nebraska for Law Enforcement Center for the Reduction of $45,000.00 Assessment in Late
Penalties and a Reduction of $45,000.00 in the Contingency Fund leaving a balance in the
Contingency Fund of $24,926.45 and a Revised Contract Amount of $7,316,080.00.
#2008-46 – Approving Substantial Completion with Chief Construction Company of Grand
Island, Nebraska for the Law Enforcement Center.
#2008-47 – Approving Bid Award for Structural Firefighters Protective Clothing with Municipal
Emergency Services of Fremont, Nebraska in an Amount of $82,712.00.
#2008-48 – Approving Agreement for Temporary Construction Occupancy with Shafer
Properties, LLC for Property Located at 1010 North Diers Avenue.
#2008-49 – Approving Agreement for Temporary Construction Occupancy with Westgate
Properties, LLC for Property Located at 1004 North Diers Avenue.
Page 4, City Council Regular Meeting, February 12, 2008
#2008-50 – Approving Acquisition of Public Utility Easement Located at 805 Allen Drive and
721 Allen Drive in Lot 1 & Lot 2 of Meadowlark West Fifth Subdivision (Allen Phase III, LLC).
#2008-51 – Approving Agreement with Scott Health & Safety of Monroe, North Carolina for In-
House Repair Center of SCBA Equipment.
RESOLUTIONS:
#2008-52 – Consideration of One and Six Year Street Improvement Program. This item related
to the aforementioned Public Hearing.
Discussion was held concerning the Broadwell underpass, traffic on Webb Road and Old Potash
Highway by Hy-Vee, South Locust landscaping, Capital Avenue, Stolley Park east of the Event
Center, and round-a-bouts.
Motion by Carney, second by Niemann to approve Resolution #2008-52. Upon roll call vote, all
voted aye. Motion adopted.
#2008-53 – Consideration of Request from Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115
Wilmar Avenue for a Class “C” Liquor License and Liquor Manager Designation for Nicholas
Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska. This item related to the aforementioned
Public Hearing.
Motion by Gericke, second by Brown to approve Resolution #2008-53 contingent upon final
inspections and the request for Liquor Manager Designation from Nicholas Steinbach contingent
upon Mr. Steinbach completing a state approved alcohol server/seller training program.
Motion by Nickerson, second by Meyer to amend the motion for on sale consumption restricted
to promotional tasting by consumers. Upon roll call vote, Councilmember’s Brown, Haase,
Zapata, Nickerson, Gericke, Carney, Ramsey, Niemann, and Meyer voted aye. Councilmember
Gilbert voted no. Amendment adopted.
Upon roll call vote of the main motion with amendment, all voted aye. Motion adopted.
#2008-54 – Consideration of Request from Hy-Vee, Inc. dba Hy-Vee Gas #1221, 118 Wilmar
Avenue for a Class “D” Liquor License and Liquor Manager Designation for Nicholas
Steinbach, 21938 Trailridge Blvd., Elk Horn, Nebraska. This item relates to the aforementioned
Public Hearing.
Motion by Gericke, second by Brown to approve Resolution #2008-54 contingent upon final
inspections and the request for Liquor Manager Designation from Nicholas Steinbach contingent
upon Mr. Steinbach completing a state approved alcohol server/seller training program. Upon
roll call vote, all voted aye. Motion adopted.
#2008-55 – Consideration of Resolution for Proposed Ballot Measure Banning Smoking.
Various efforts had taken place in Grand Island for several years on a smoking ban.
Councilmember Haase had requested Council consideration of a Resolution to place a smoking
Page 5, City Council Regular Meeting, February 12, 2008
limitation on the May 13, 2008 Primary ballot which would mirror the ordinance currently in
effect in Lincoln.
Motion by Haase, second by Gilbert to approve Resolution #2008-55.
The following people spoke regarding the smoking ban:
Ron King, 2615 West Charles Street – opposed
Megan Bombeck, 2129 Macron Street - support
Lauren Shoemaker, 220 West 23rd Street p - support
Lowell Hamilton, 305 Cherokee Avenue- opposed
Curtis Cellar, 4258 Nevada Avenue - opposed
Discussion was held on LB 395 and the timing of a possible state law, smoking ban relative to
private clubs, council goal, election costs, differences between Lincoln and Omaha ordinances,
prosecuting/enforcement issues, and other states with smoking bans.
Motion by Haase, second by Gilbert to call the question. Upon roll call vote, all voted aye.
Motion adopted.
Upon roll call vote of the motion to approve Resolution #2008-55 Councilmember’s Brown,
Haase, Gilbert, Niemann, Ramsey, and Zapata voted aye. Councilmember’s Nickerson, Carney,
Meyer, and Gericke voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Brown, second by Haase to approve the Claims for the period of January 23, 2008
through February 12, 2008, for a total amount of $3,556,350.63. Motion adopted unanimously.
Motion by Brown, second by Haase to approve the following Claim for the Library Expansion
for the Period of December 19, 2007 through February 12, 2008:
#103 $16,084.25
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 9:00 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of February 19, 2008 City Council Study
Session
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
February 19, 2008
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Community Meeting Room of City Hall, 100 East First
Street, on February 19, 2008. Notice of the meeting was given in the Grand Island Independent
on February 13, 2008.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Brown, Haase, Nickerson, Carney, Gilbert, Ramsey, Niemann, and
Meyer. Councilmember’s Zapata and Gericke were absent. The following City Officials were
present: City Administrator Jeff Pederson, City Clerk RaNae Edwards, City Attorney Dale
Shotkoski and Finance Director David Springer.
INVOCATION was given by Pastor Nick Schonlau, Third City Christian Church, 4100 West
13th Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady commented on the Law Enforcement Center
dedication and ribbon cutting this Friday, February 22, 2008 at 1:15 p.m.; Cheerleader and
Dance Competition at the Heartland Events Center this Saturday, February 23, 2008; and the
Community Youth Council Talent Contest this Sunday, February 24, 2008 at the Grand Island
Mall.
Presentation by BKD, LLP Relative to Fiscal Year 2007 Electric and Water Audit Reports.
David Springer, Finance Director introduced Roger Watton from BKD, LLP to give the 2007
electric and water audit reports. Mr. Watton stated these were clean and unqualified opinions
which were the highest ratings given. A brief overview and review of the water and electric audit
reports were given.
Highlights of the water funds were given with revenues up from last year. The electric
department revenues were up also from last year. Mr. Watton stated both funds were in excellent
financial conditions.
Update on Downtown “Vision” and Previous Plans: Cindy Johnson, Chamber of Commerce
President updated the council with a PowerPoint presentation on the Downtown Improvement
District. Introduced were Christa Boosma, Partnership Services Director with the Chamber and
Matt Armstrong, Chairman of the Downtown Improvement Board.
Christa Bosman updated the council on the following activates currently being implemented in
the downtown area:
· Design
· Historical Building Restoration & Upper Level Development
· Economic Restructuring
· Physical Environment & Streetscape
Page 2, City Council Study Session, February 19, 2008
· Arts & Humanities Center
· Promotions
· Parking Solutions
J.L Schmidt, Director of the Nebraska Lied Main Street Program commented that Grand Island
Downtown was being nominated for a National Downtown award.
Councilmember’s commented on the Kauffman & Cummings Park, businesses being closed
during special events, directional horns, parking issues, rented/reserved parking areas, awnings,
entertainment, and public transportation.
Presentation by Shonesy Associates for FY 2007 City Single Audit and General Purpose
Financial Statements. David Springer, Finance Director introduced Terry Galloway representing
Almquist, Maltzahn, Galloway & Luth who reviewed the FY 2007 City Single Audit and
General Purpose Financial Statements. A PowerPoint was presented with a detailed report of the
findings. The financial audit received a clean and unqualified rating which was the highest rating
possible.
The following areas of concern were mentioned:
· Decline of Cash Reserves in General Fund
· Debt Service, including Lease Payments
· Balanced Budget
Discussion was held concerning the appropriate level of cash reserves.
ADJOURNMENT: The meeting was adjourned at 8:30 p.m.
RaNae Edwards
City Clerk
Item G3
#2008-56 - Approving Application and Memorandum of
Understanding for Safe Haven: Office on Violence Against Women
Grant
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma
Council Meeting: February 26, 2008
Subject: Approving Application and Memorandum of
Understanding for Safe Havens: Office on
Violence Against Women Grant
Item #’s: G-3
Presenter(s): Joni Kuzma,
Community Development Administrator
Background
In January 2003, the City of Grand Island received a Safe Haven Supervised Visitation
and Safe Exchange Program Grant from the U.S. Department of Justice for the
development of Supervised Visitation and Exchange Center in Grand Island. The grant
requires that eligible applicants must fall into one of the three following categories: Units
of Local Government, Indian Tribe, or Faith-Based or Community Organizations. The
grant further requires that the eligible entity enter into a collaborative working
relationship with state and local courts and a non-profit, non-governmental entity in the
local community that provides local shelters and programs for domestic violence and
sexual assault victims (i.e. The Crisis Center, Inc.)
The City received a $119,983 Planning Grant for September 2003-2005 and a two-year
$349,950.00 Planning/Implementation grant for 2006-2008. A Memorandum of
Understanding between the City of Grand Island, the Crisis Center, and the courts was
approved for both of these grant applications by Council in 2003 and in 2006. This
funding from the Office on Violence Against Women enabled Grand Island to open a
supervised visitation and exchange center.
The Heartland Family Visitation Center opened for business in May 2006 with a full-time
Director, a full-time Case Manager, and part-time visitation monitors. For this grant, the
Safe Haven Director established a community-based advisory committee, created
operating policies and procedures, provided documentation to the City for required
reports to the Office on Violence Against Women, completed a needs assessment for the
community, and created a safe, welcoming facility for families in need of visits or
exchanges. The Heartland Family Visitation Center, located at 204 N. Locust, became
incorporated as a 501(c)(3) in December 2006 and has a nine member Board of Directors
to oversee operations.
Discussion
A five-year grant is available to the City for 2008 - 2013 funding for operations of the
Heartla nd Family Visitation Center and is due February 28, 2008. The amount of grant
funding will decrease annually for five years, at which time the Center is anticipated to be
self-sufficient. A signed Memorandum of Understanding between the City, the Heartland
Family Visitation Center and required partners (Crisis Center and the courts) is required
for the grant application and is included in this packet. This Memorandum will not be
binding if the grant is not received.
Alternatives
It appears that the Counc il has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Memorandum of Understanding and authorize the Mayor to sign
related documents
2. Refer the issue to a committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that the Council approve the Memorandum of
Understanding and authorize the Mayor to sign related documents.
Sample Motion
Move to approve the Memorandum of Understanding and authorize the Mayor to sign
related documents.
MEMORANDUM OF UNDERSTANDING
SAFE HAVENS: SUPERVISED VISITATION AND SAFE EXCHANGE GRANT
GRANT REFERENCE NUMBER: 2005-CW-AX-0013
This Memorandum of Understanding is approved and executed on this _____ day of
___________________ 2008 by THE CITY OF GRAND ISLAND (The City), THE
HEARTLAND FAMILY VISITATION CENTER (Visitation Center), THE CRISIS CENTER,
INC., AND THE HALL COUNTY COURT SYSTEM (The Courts).
I. Project Description.
The purpose of this Memorandum of Understanding is to state the general terms, conditions and
commitments of respective parties to administer and meet the contract specifications of the Safe
Havens: Supervised Visitation and Safe Exchange program grant, awarded to the City of Grand
Island by the Department of Justice, Office on Violence Against Woman. This document will
outline the understanding between the parties to this agreement to operate a safe place for
supervised visitation and safe exchange of children in the event of domestic violence, child
abuse, sexual assault, stalking or other difficulties in family dynamics in the city of Grand Island,
Hall County, Nebraska and the outlying service area.
The Office on Violence Against Women requires that the grantee (City of Grand Island)
enter into a “collaborative working relations hip with state and local courts and a nonprofit,
nongovernmental entity in the local community to provides local shelters and programs for
domestic violence and sexual assault victims”. The parties included in this agreement are the
City of Grand Island, the Heartland Family Visitation Center, The Crisis Center, Inc., and the
Hall County Court.
II. History of Relationship.
The City of Grand Island collaborated with The Crisis Center, Inc. in 2001 to discuss the
feasibility of and need for a Supervised Visitation and Exchange Center. From those discussions,
the decision was made to apply for a Safe Havens: Supervised Visitation and Safe Exchange
planning grant (2003-CW-BX-0026,) which was awarded in 2003. A two-year planning/
implementation grant (2005-CW-AX-0013) was awarded in September 2005 to the City of
Grand Island to fund continued development and operations. The Visitation Center began
accepting referrals for supervised visits and exchanges in May 2006.
2
Throughout this process, the Visitation Center, Crisis Center, Court representatives, and
the Consulting Committee met regularly to define the provision of visitation services to victims
of domestic violence. The Crisis Center, Inc. has provided training for Visitation Center staff and
Consulting Committee members in the following areas: recognizing signs of domestic violence;
methods and strategies for working with victims of domestic violence; and the potential impact
of domestic violence on children and battered persons.
Agencies who have participated on a consulting committee in each phase of the project
include The City of Grand Island, The Crisis Center, Inc., Central Nebraska Child Advocacy
Center, The Grand Island Police Department, Nebraska Department of Health and Human
Services, a representative from the Nebraska State Legislature, Heartland Court Appointed
Special Advocates (CASA), Central Health Center, a private supervised visitation service
provider, and representatives from the mental health and legal communities. The committee
goal is to continually plan for and improve services for the protection of victims of domestic
violence and their children.
The City of Grand Island, The Heartland Family Visitation Center, and the Community
Consulting Committee have established an active partnership with the Crisis Center, Inc. and the
local court system. Representatives from the Crisis Center and the Hall County Attorney’s office
attend Consulting Committee meetings and provide valuable input into policies, processes, and
unique circums tances associated with supervised visitation in cases of domestic violence.
In May 2006, the Heartland Family Visitation Center incorporated under the laws of the
State of Nebraska as a nonprofit, pubic benefit corporation. This Memorandum replaces a 2006
agreement with the Central Nebraska Child Advocacy Center who had been acting as the
program host under their 501(c)(3) incorporation.
III. Development of Application
Committee representatives provided input during the initial development phase and
feedback beginning in 2002. Subsequent meetings resulted in a decision to apply for funding to
establish a Supervised Visitation and Exchange Center in Grand Island to meet the needs of
victims of domestic violence and their children. Meetings among collaborative partners included
representatives from the City of Grand Island, the Heartland Family Visitation Center, The Crisis
Center, Inc., Central Nebraska Child Advocacy Center and local court representatives have led to
a project plan and defined MOU partner roles.
3
The Crisis Center acted as the lead grant partner for the initial grant and guided
discussions, grant formation, and partner recruiting. Throughout the course of four (4) years, the
Crisis Center and Visitation Center ha ve 1) identified community need for a visitation center, 2)
defined employee, Board, and Consulting Committee roles, 3) established Visitation Center
policies and procedures, 4) promoted Visitation Center services to the courts and others from
whom referrals are received, 5) solicited community support, 6) provided education and training
to volunteers and community partners, 7) attended required and elective trainings by OVW and
Praxis, 8) visited many other Safe Havens grantee sites and utilized others via telephone as
resources, 9) filled a service gap in Central Nebraska, and 10) served clients from out-of-state
who had no other supervised visitation resource.
Recent meetings among the Board of Directors, County and local court representatives,
and the Crisis Center have led to the agreements reflected in this Memorandum of Understanding
and the submission of the 2008 grant application.
IV. Recitals.
WHEREAS, the City of Grand Island, a Nebraska Municipal Corporation, is a unit of
local government as identified by the Department of Justice as an eligible applicant, collaborated
with The Crisis Center, Inc., the local domestic violence service provider, and applied for Safe
Havens grant funds for implementation of a supervised visitation and safe exchange center . This
center was to be known as The Heartland Family Visitation Center in accordance with a plan
developed under Safe Havens planning and implementation grants 2003-CW-BX-0026 and
2005-CW-AX-0013 from the Office on Violence Against Women;
WHEREAS, the Department of Justice encouraged all applicants for the Safe Havens
grant to enter into a collaborative working relationship with state or local courts and a non-profit,
non-governmental entity in the local community;
WHEREAS, the Community Based Consulting Committee feels very strongly that the
visitation center is urgently needed in our community to meet the needs of victims of domestic
violence, child abuse, sexual assault and stalking;
WHEREAS, the Heartland Family Visitation Center has incorporated as a 501(c)(3) non-
profit entity and has established a governing Board of Directors;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
V. Roles and Responsibilities
4
City of Grand Island, Hall County, Nebraska will
· Act as the fiscal agent for the cooperative agreement;
· Ensure compliance with reporting requirements of OVW;
· Support the collaborative efforts of the project by providing a conference room for
monthly partner meetings; and
· Designate staff members from appropriate departments (i.e. the Police Department and
Community Development Division) to participate on the Community Consulting
Committee.
The Crisis Center, Inc., the local Community Domestic Violence Agency, will
· Collaborate with Director and staff of the Heartland Family Visitation Center to update
and coordinate training curriculum to be utilized by both organizations in training of staff
and volunteers to raise awareness about domestic violence and supervised visitation and
safe exchange;
· Work with Heartland Family Visitation Center staff to develop policy and protocols
related to staff attendance at court hearings and initial contacts of potential clients for the
benefit of both organizations;
· Refer all domestic violence victims with children in need of supervised visitation or
exchange services to Heartland Family Visitation Center. The Crisis Center staff agrees
to provide relevant case information to the staff of the supervised visitation and safe
exchange center with the consent of the client, and to follow-up on the outcome of
referrals;
· Work with Visitation Center staff to promote training/education of local law enforcement
agencies and court representatives regarding domestic violence issues and supervised
visitation; and
· Appoint a domestic violence advocate and/or other direct service provider to participate
in the monthly meetings of the Community Consulting Committee.
The Heartland Family Visitation Center will
· Dedicate a minimum of 4 staff members and volunteers to providing supervised visitation
services to families impacted by domestic violence, child abuse, sexual assault, and
stalking;
· Support growth of the collaborative effort and supervise all Visitation Center activities;
· Submit program evaluation information to the fiscal agent as required by OVW;
5
· Submit financial documentation for accounting as needed;
· Maintain confidentiality about individuals and families using Visitation Center Services;
· Provide facilities (e.g. rooms, enclosed playground, etc.) for the program service
objectives;
· Collaborate with Director and staff of The Crisis Center, Inc. to update and coordinate
training curriculum to be utilized by both organizations in training of staff pertaining to
issues of domestic violence and supervised visitation and safe exchange; and
· Work with Crisis Center staff to monitor policy and protocols related to staff attendance
at court hearings and initial contacts of potential clients for the benefit of both
organizations.
Hall County Court, Local Court System, will
· Participate in the monthly meetings of the collaborative partners as are currently taking
place via a representative from the Hall County Attorney’s Office that will act as a
liaison/representative for both the Hall County Courts and the Hall County Attorney’s
Office;
· Submit referrals and relevant case information to the staff of The Heartland Family
Visitation Center, and follow-up on the outcome of the referrals;
· Provide training for community collaboration partners on the legal system and its role in
working with victims of domestic violence, child abuse, sexual assault, and stalking; and
· Participate in training opportunities made available through the collaborative partnership
pertaining to all issues surrounding supervised visitation and safe exchange services and
family violence.
VI. Time Line .
The roles and responsibilities described above are contingent on the City of Grand Island,
Hall County, Nebraska receiving the funds requested for this project in the OVW grant
application. The beginning and ending dates of this collaborative effort would coincide with the
grant period, anticipated to be September 1, 2008 to August 30, 2013. Any previously
approved MOU will become null and void as of the effective date of this document.
VII. This document shall be binding upon all the successors and assigns of the parties
hereto.
Nothing in this MOU is intended to create a legal partnership, joint venture, or agency
relationship between the parties.
6
VIII. The City of Grand Island reserves the right to withdraw from participation in this
agreement at any time during the grant period.
IX. Future Amendments.
Occasionally the undersigned may jointly desire to amend the terms of this Memorandum
of Understanding for any future agreement. Such consent shall not be unreasonably withheld but
must be acknowledged in writing by all original parties to this Memorandum of Understanding
before going into effect.
APPROVAL
We, the undersigned have read and agree with this MOU. Further, we have reviewed the
portion of the proposed project budget pertaining to the collaborative effort described here, and
approve it.
By _____________________________
Cody Van Winkle, Director
Heartland Family Visitation Center
Date ___________________________
By _____________________________
Philip Martin
Hall County Court Judge
Date ___________________________
By_____________________________
Shellie Pointer, Executive Director
The Crisis Center, Inc.
Date ___________________________
By _____________________________
Margaret Hornady, Mayor
City of Grand Island
Date ___________________________
ATTEST:
________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-56
WHEREAS, the Office on Violence Against Women offers grant funding for Safe Havens
Supervised Visitation and Exchange Programs that enable communities to provide supervised visitation and
safe exchange of children, by and between parents, for families with a history of domestic violence, child
abuse, sexual assault, or stalking; and
WHEREAS, grant funding for such program is available to local governments that propose
to enter into a collaborative working relationship with state and local courts and a nonprofit,
nongovernmental entity in the local community that provides local shelters and programs for domestic
violence and sexual assault victims; and
WHEREAS, grant funding received to date has allowed a downtown location to be secured
and has enabled the Heartland Family Visitation Center to open a supervised visitation and exchange center
to provide safe exchanges and monitored visits for families with a history of domestic violence, child abuse,
sexual assault, or stalking; and
WHEREAS, additional funding is now being sought to assist in the costs associated with
operating such facility; and
WHEREAS, a Memorandum of Understanding between the City, the Heartland Family
Visitation Center, The Crisis Center, Inc., and the Hall County Court System is required to set out the
responsibilities of each party with respect to supporting the Visitation Center and helping to meet grant goals
and objectives; and
WHEREAS, the City Attorney has reviewed and approved such Memorandum of
Understanding.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island is hereby authorized to submit a grant application and related
documentation to request funding from the Office of Justice Programs through the OJP Grants Management
System for the Safe Havens Supervised Visitation and Safe Exchange Grant Program, Office on Violence
Against Women.
2. The Memorandum of Understanding between the parties identified above is hereby
approved for the use of Safe Havens grant funds to implement and operate a supervised visitation and safe
exchange center as outlined in the document.
3. That the Mayor is hereby authorized and directed to execute the grant application and the
Memorandum of Understanding on behalf of the City of Grand Island.
- 2 -
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2008-57 - Approving Bid Award - Spent Activated Carbon and
Fly Ash Waste Conveying, Storage and Conditioning System -
Platte Generating Station
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: February 26, 2008
Subject: Spent Activated Carbon and Fly Ash Waste Conveying,
Storage and Conditioning System
Item #’s: G-4
Presenter(s): Gary R. Mader, Utilities Director
Background
The mercury control system planned for the Platte Generating Station will inject a carbon
powder into the boiler exhaust gas, which combines with mercury in the gas stream. The
carbon, holding the mercury, is then collected in a large fabric filter, or baghouse. The
collected carbon can then be conveyed and mixed with other boiler ash products and
disposed of in a conventional manner. The Council previously approved a contract for the
baghouse and carbon injection system. The next step was to procure the system for
conveying the carbon and residual fly ash collected in the baghouse to a storage silo
where it can be mixed with water to control dusting, and loaded into trucks for transfer to
the plant’s on-site ash storage area. Black & Veatch, the consulting engineer for the
project, prepared bid specifications for the Spent Activated Carbon and Fly Ash Waste
Conveying, Storage and Conditioning System.
Discussion
The specifications for the Spent Activated Carbon and Fly Ash Waste Conveying,
Storage and Conditioning System were advertised and issued for bid in accordance with
the City Purchasing Code. Responses were received from the following bidders. The
engineer’s estimate for this project was $1,150,000.00.
Bidder Bid Price
Clyde Bergemann Delta Ducon, Malvern, PA $ 583,000.00
United Conveyor Corporation, Waukegan, IL $ 954,172.50
Both bidders took exception to supplying a batch type unloading system and offered
continuous mixing systems. The bid from Clyde Bergemann Delta Ducon does not
include sales tax, but is otherwise in compliance with specifications and less than the
engineer’s estimate. The sales tax added to the Clyde Bergemann Delta Ducon bid results
in a total contract amount of $623,810.00.
Black & Veatch conducted a detailed evaluation of the bids for compliance with the
technical and performance specifications, for compliance with the specified contract
terms and conditions, and for life of equipment operating and maintenance expense. The
engineer’s evaluation report is attached.
The complete contract is available in the offices of the Utilities Department, Legal
Department and City Clerk. Black & Veatch recommends that the bid from Clyde
Bergemann Delta Ducon be accepted as the lowest compliant bid. The Utilities
Department concurs in that recommendation.
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 award the Contract for Spent Activated
Carbon and Fly Ash Waste Conveying, Storage and Conditioning System to Clyde
Bergemann Delta Ducon from Malvern, Pennsylvania, as the low responsive bidder, with
a contract price of $623,810.00, which includes sales tax.
Sample Motion
Move to approve award of the contract to Clyde Bergemann Delta Ducon for the Spent
Activated Carbon and Fly Ash Waste Conveying, Storage and Conditioning System in
the amount of $623,810.00.
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: January 22, 2008 at 11:00 a.m.
FOR: Spent Activated Carbon & Fly Ash Waste Conveying, Storage, &
Conditioning System
DEPARTMENT: Utilities
ESTIMATE: $1,150,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: December 21, 2007
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Clyde Bergemann Delta Ducon United Conveyor Corporation
Malvern, PA Waukegan, IL
Bid Security: $29,150.00 Travelers Casualty & Surety Co.
Exceptions: Noted Noted
Bid Price: $583,000.00 $954,172.50
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Tim Luchsinger, Assist. Utilities Director PGS Karen Nagel, Utilities Secretary
Pat Gericek, Utilities Admin. Assist. Dale Shotkoski, City Attorney
Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary
Jeff Pederson, City Administrator
P1216
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-57
WHEREAS, the City of Grand Island invited sealed bids for Spent Activated Carbon & Fly
Ash Waste Conveying, Storage and Conditioning System, according to plans and specifications on file with
the Utilities Department; and
WHEREAS, on January 22, 2008, bids were received, opened and reviewed; and
WHEREAS, Clyde Bergemann Delta Ducon of Malvern, Pennsylvania, 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 $623,810.00; and
WHEREAS, the bid of Clyde Bergemann Delta Ducon is less than the estimate for the
Spent Activated Carbon & Fly Ash Waste Conveying, Storage and Conditioning System.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Clyde Bergemann Delta Ducon of
Malvern, Pennsylvania in the amount of $623,810.00 for the Spent Activated Carbon & Fly Ash Waste
Conveying, Storage and Conditioning System is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2008-58 - Approving Bid Award for Twelve (12) 115 kV
Transformer Bushings - Utilities Department
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: February 26, 2008
Subject: Bid Award – Twelve (12) 115 kV Transformer Bushings
Item #’s: G-5
Presenter(s): Gary R. Mader, Utilities Director
Background
The Grand Island Electric System utilizes distribution substations interconnected with a
transmission loop. Each substation contains large distribution transformers to lower the
voltage from the transmission level of 115,000 volts (115 kV) to the distribution level of
13,800 volts. These transformers are the most expensive single component within a
substation. The older substations contain General Electric transformers manufactured in
the late 1960’s. In that era, General Electric used transformer bushings referred to as
“Type U” in their high voltage equipment. The bushing is an insulated device that sticks
above the transformer to receive line or bus bar connections at the appropriate voltage.
Over the past forty years, operational experience has revealed a design flaw with this
particular type of bushing.
Over time, the oil that fills the bushings causes deterioration of the internal layers of
insulation, which can lead to severe failure. The Utilities Department has monitored this
potential failure for years and that routine testing shows the progression of the flaw and
the need for replacement of bushings in several transformers. Seven transformers within
the Grand Island Electric System contain three “Type U” bushings. Five transformers are
in need of bushing replacement. Each transformer has three 115 kV bushings. The
Department currently has six spares in stock. The spare bushings are of a revised design.
The Department would propose that three of the spares can be used for replacements,
retaining three for spares.
Discussion
Specifications were prepared for purchase of 12 replacement 115 kV transformer
bushings to complete bushing replacement on five transformers. The specifications were
advertised in accordance with City procurement requirements, and were publicly opened
at 11:15 a.m. on February 11, 2008. Listed below is a tabulation of the bids received:
Bidder/Manufacturer
& Product Exceptions Bid Price
Wesco Distribution, Inc. No $68,283.12
Sioux City, IA
ABB 115W0800AA
PCore Electric No $48,984.60
LeRoy, NY
POC550G0800S w/B-316597-2
Both bids include applicable sales tax.
Both bids meet specifications and are under the engineer’s estimate. Both companies are
established transformer bushing manufacturers.
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 award the contract for Twelve (12) 115
kV Transformer Bushings to PCore Electric of LeRoy, New York in the amount of
$48,984.60.
Sample Motion
Move to approve the purchase of twelve (12) 115 kV transformer bushings from PCore
Electric in the amount of $48,984.60.
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 11, 2008 at 11:15 a.m.
FOR: (12) 115 kV Transformer Bushings
DEPARTMENT: Utilities
ESTIMATE: $100,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: January 14, 2008
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: PCORE Electric Wesco Distribution
LeRoy, NY Sioux City, IA
Bid Security: Travelers Casualty Liberty Mutual Ins. Co.
Exceptions: None Noted
Bid Price: $45,780.00 $63,816.00
Sales Tax: --- 4,467.12
Total: $45,780.00 $68,283.12
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Travis Burdett, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Sherry Peters, Legal Secretary Jeff Pederson, City Administrator
P1222
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-58
WHEREAS, the City of Grand Island invited sealed bids for twelve kV Transformer
Bushings, according to plans and specifications on file with the Utilities Department; and
WHEREAS, on February 11, 2008, bids were received, opened and reviewed; and
WHEREAS, PCore Electric of LeRoy, New York, 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 $48,984.60; and
WHEREAS, the bid of PCore Electric is less than the estimate for twelve kV Transformer
Bushings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of PCore Electric in the amount of
$48,984.60 for twelve kV Transformer Bushings is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2008-59 - Approving Bid Award for Transmission Line Work,
Utilities Department - Contract #08-PCC-01
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; Wesley Nespor
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: February 26, 2008
Subject: Award of Contract for Transmission Line Work -
Contract #08-PCC-01
Item #’s: G-6
Presenter(s): Gary Mader, Utilities Director
Background
The Electric Department has electric distribution substations connected at various
distances along a 115,000 volt transmission loop. The loop generally runs along the outer
edge of the urban area, providing power to the substations and providing power supply
redundancy by use of the looped configuration. A map of the transmission system is
attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800
volts for distribution to individual customers across the City. Substations “E,” located
north of Swift on the east side of the loop, and “F,” located north of Menards on the west
side of the loop, are the newest substations. They were placed in initial service in 2001,
and completed in 2007.
Power Generation and regional interconnections to NPPD are concentrated on the south
side of the transmission system loop. The northern portion of the transmission loop has
no interconnections. And while it can sustain a single line segment loss contingency, any
additional failure could result in loss of several major substations, resulting in power loss
to major portions of the City. With power plant and regional grid interconnections, the
southern portion of the transmission loop has more redundancy.
Recognizing that the City is continuing to grow, that future transmission line construction
will occur and that reliability improvement is always important, Substations “E” and “F”
were constructed with provisions to accept additional 115 kV transmission
interconnections. In the long range plan of the Electric Department, these substations are
designed for new transmission interconnections as future load growth may require.
Advantage Engineering (AE) of Chesterfield, Missouri was hired in April of 2006 to
begin the planning, routing, right of way acquisition, financing, engineering and
construction of the additional interconnections to substations “E” and “F”. This
Transmission Study was presented at the City Council meeting of January 8, 2008.
Discussion
AE evaluated several options to provide a new interconnection to Substation “E”. The
most cost effective option is the re-termination of an existing transmission line between
Grand Island and NPPD. This line currently connects Grand Island’s substation “H”,
located on Cherry Street, to NPPD’s Grand Island substation located two miles east of
town. Re-connecting this line to Substation “E” is a fairly minor change affecting only
one span of the line. In addition, fiber optic communication is included in the contract, be
installed the entire length of the line to provide for new protective relaying and
communications among the substation, NPPD and GI Control Center.
The re-termination and fiber installation for this line accomplishes two things. First, it
provides the third connection to substation “E” and strengthens the reliability of the 115
kV system to the north. Secondly, it upgrades the thirty-five year old protective relaying
with modern relaying.
An advertisement for bids to provide Transmission Line Work was placed in the January
14, 2008 issue of the Grand Island Independent. In addition, bids were solicited from
three electrical contractors.
Bids were received and publicly opened February 11, 2008. Two bids were received as
tabulated below.
Bidder Bid Price
Kayton Electric, Inc., Holdrege, NE $236,499.00
Schmader Electric, Inc., West Point, NE $179,642.25
Both bids were less than the engineer’s estimate. Schmader Electric has successfully
performed contract transmission line work in the past for Grand Island Utilities.
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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the contract for Transmission
Line Work, Contract #08-PCC-01 to Schmader Electric in the amount of $179,642.25.
Sample Motion
Move to award the contract for Transmission Line Work to Schmader Electric, Inc., in
the amount of $179,642.25.
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 11, 2008 at 11:00 a.m.
FOR: Transmission Line Work – Contract #08-PCC-01
DEPARTMENT: Utilities
ESTIMATE: $282,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: January 14, 2008
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Schmader Electric Construction Co. Kayton Electric, Inc.
West Point, NE Holdrege, NE
Bid Security: United Fire & Casualty Co. Federal Insurance Co.
Exceptions: None None
Bid Price: $179,642.25 $236,499.00
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Travis Burdett, Assist. Utilities Director Pat Gericke, Utilities Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Sherry Peters, Legal Secretary Jeff Pederson, City Administrator
P1221
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-59
WHEREAS, the City of Grand Island invited sealed bids for Transmission Line Work,
Contract #08-PCC-01, according to plans and specifications on file with the Utilities Department; and
WHEREAS, on February 11, 2008, bids were received, opened and reviewed; and
WHEREAS, Schmader Electric Construction Co. of West Point, 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 $179,642.25; and
WHEREAS, the bid of Schmader Electric Construction Co. is less than the estimate for the
Transmission Line Work, Contract #08-PCC-01.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Schmader Electric Construction Co. of
West Point, Nebraska in the amount of $179,642.25 for Transmission Line Work, Contract #08-PCC-01
is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2008-60 - Approving Alternate Management Committee
Representative to the Municipal Energy Agency of Nebraska
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: February 26, 2008
Subject: Municipal Energy Agency of Nebraska Management
Committee Representative
Item #’s: G-7
Presenter(s): Gary R. Mader, Utilities Director
Background
The City of Grand Island is signatory to the Electrical Resource Pool Agreement of the
Municipal Energy Agency of Nebraska. Each member of the group has a Representative
and an Alternate Representative on the Management Committee of that organization. The
representatives are appointed by the governing body of the member city. Utilities
Director Gary Mader is the current Grand Island Representative. Assistant Utilities
Director Burhl Gilpin served as the Alternate Representative until his retirement last year.
The City now has a vacancy in its Alternate Representative position on the Committee.
Discussion
In order to meet the responsibilities of participation in the Municipal Energy Agency of
Nebraska, a replacement Alternate Representative should be appointed.
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 appointment of Assistant
Utilities Director Timothy Luchsinger as the Alternate Representative for Grand Island to
the Municipal Energy Agency of Nebraska Management Committee.
Sample Motion
Move to approve the appointment of Timothy Luchsinger as Alternate Representative to
the Municipal Energy Agency of Nebraska Management Committee.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-60
WHEREAS, the City of Grand Island is signatory to the Electrical Resource Pool
Agreement of the Municipal Energy Agency of Nebraska; and
WHEREAS, Utilities Director Gary Mader is a Representative of the Municipal Energy
Agency of Nebraska Management Committee and Burhl Gilpin served as the Alternate Representative until
his retirement in 2006, thus leaving a vacancy in the Alternate Representative of the Committee;
WHEREAS, in order to meet the responsibilities of participation in the Municipal Energy
Agency of Nebraska, a replacement Alternate Representative for the Management Committee needs to be
appointed; and
WHEREAS, it is recommended that Timothy Luchsinger, Assistant Utilities Director for the
City of Grand Island, be appointed as Alternate Representative of the Municipal Energy Agency of
Nebraska Management Committee.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Tim Luchsinger, Assistant Utilities Director for the
City of Grand Island, be appointed as Alternate Representative of the Municipal Energy Agency of
Nebraska Management Committee.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2008-61 - Approving Bid Award for Swimming Pool Chemicals at
Island Oasis
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Todd McCoy, Recreation Superintendent
Meeting: February 26, 2008
Subject: Island Oasis Pool Chemical Bid
Item #’s: G-8
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
Because of the large quantity of swimming pool chemicals used at Island Oasis Water Park, the
Parks and Recreation Department usually bids these products out. Contracts with swimming pool
chemical suppliers have typically been for one year with the option to renew for two additional
years.
Discussion
Swimming pool chemicals bid: Sodium bicarbonate, hydrochloric acid, cyanuric acid, calcium
hypochlorite, and sodium hypochlorite. Companies submitting bids: Hawkin Water Treatment
Group of Roca, NE, Leslie's Swimming Pool Supplies of Phoenix, AZ and Aqua-Chem, Inc.,
Bellevue, NE.
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 low bidders contract. Low bidder
was Aqua Chem of Bellevue, NE.
Sample Motion
Move to approve the Aqua Chem pool chemical 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: January 24, 2008 at 11:00 a.m.
FOR: Swimming Pool Chemicals at Island Oasis
DEPARTMENT: Parks and Recreation
ESTIMATE: $17,000.00
FUND/ACCOUNT: 10044525-85535
PUBLICATION DATE: January 4, 2008
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Hawkins Water Treatment Group Leslie’s Swimming Pool Supplies
Roca, NE Phoenix, AZ
Exceptions: Noted None
Bid Price:
Sodium Bicarbonate $ .38 per lb. $14.14
Hydrochloric Acid .18 per lb. No Bid
Cyanuric Acid 1.75 per lb. 92.00 (100 lb. drum)
Calcium Hypochlorite 1.65 per lb. 138.00
Sodium Hypochlorite 1.65 per gal. No Bid
Hydrochloric Acid 1.25 per gal. No Bid
Bidder: Aqua-Chem, Inc.
Bellevue, NE
Exceptions: None
Bid Price:
Sodium Bicarbonate $14.50 per bag
Hydrochloric Acid 24.00 per drum
Cyanuric Acid 52.25 per bag
Calcium Hypochlorite 135.00 per drum
Sodium Hypochlorite 1.16 per gal.
Hydrochloric Acid 1.25 per gal
P1218
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-61
WHEREAS, the City of Grand Island invited sealed bids for Swimming Pool Chemicals at
Island Oasis, according to plans and specifications on file with the Parks & Recreation Department; and
WHEREAS, on January 24, 2008, bids were received, opened and reviewed; and
WHEREAS, Aqua-Chem, Inc. of Bellevue, 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 $14.50 per bag for Sodium Bicarbonate; $24.00 per drum for
Hydrochloric Acid; $52.25 per bag for Cyanuric Acid; $135.00 per drum for Calcium Hypochlorite; $1.16
per gallon for Sodium Hypochlorite; and, $1.25 per gallon for Hydrochloric Acid; and
WHEREAS, the bid of Aqua-Chem is less than the estimate for the swimming pool
chemicals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Aqua-Chem, Inc. of Bellevue,
Nebraska, said bid being $14.50 per bag for Sodium Bicarbonate; $24.00 per drum for Hydrochloric
Acid; $52.25 per bag for Cyanuric Acid; $135.00 per drum for Calcium Hypochlorite; $1.16 per gallon for
Sodium Hypochlorite; and, $1.25 per gallon for Hydrochloric Acid is hereby approved as the lowest
responsible bid with options to renew a set forth in the bid specifications and response.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2008-62 - Approving Contract for Soft Drink Services for Aquatic
Facilities
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Todd McCoy, Recreation Superintendent
Meeting: February 26, 2008
Subject: Soft Drink Service for Aquatic Facilities
Item #’s: G-9
Presenter(s): Steve Paustian, Parks and Recreatio n Director
Background
Because of the benefits of having one soft drink service at Grand Island swimming
facilities, the Parks and Recreation Department usually requests proposals for this
service. Contracts with soft drink suppliers have typically been for one year with the
option to renew for two additional years.
Discussion
Services included in proposals included: Pop machines at Lincoln Pool, Lincoln Park
wading pool, Stolley Park wading pool, Pier Park wading pool, Grace Abbott Park
wading pool. Also included in the proposal was the product pricing, equipment, and
marketing funding for soft drink service at Island Oasis Water Park. Companies
submitting bids were: Coca Cola Bottling Company and Pepsi Bottling Company.
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 proposal from Pepsi
Bottling Group and accept the terms of the Pepsi contract.
Sample Motion
Move to approve the Pepsi contract for soft drink service at Grand Island aquatic
facilities.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
SOFT DRINK SERVICES FOR AQUATIC FACILITIES
RFP DUE DATE: January 24, 2008 at 4:00 p.m.
DEPARTMENT: Parks and Recreation
PUBLICATION DATE: January 4, 2008
NO. POTENTIAL BIDDERS: 2
SUMMARY OF PROPOSALS RECEIVED
Pepsi Bottling Group Coca Cola Bottling Company
Grand Island NE Grand Island NE
cc: Steve Paustian, Parks & Recreation Director Todd McCoy, Recreation Supt.
Patti Buettner, Parks & Recreation Secretary Jeff Pederson, City Administrator
David Springer, Finance Director Dale Shotkoski, City Attorney
Wes Nespor, Assist. City Attorney Sherry Peters, Legal Secretary
P1219
Approved as to Form ¤
_______________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-62
WHEREAS, the City of Grand Island invited proposals for Soft Drink Services for the
Aquatic Facilities, according to Request for Proposals on file with the Parks and Recreation Department;
and
WHEREAS, on January 24, 2008, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Pepsi Bottling Group of Grand Island, Nebraska, submitted a proposal in
accordance with the terms of the Request for Proposals and all statutory requirements contained therein and
the City Procurement Code.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Pepsi Bottling Group of Grand
Island, Nebraska, 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 on February 26, 2008.
_____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G10
#2008-63 - Approving Policies and Procedures for Use of Parks &
Recreation Facilities
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks & Recreation Director
Meeting: February 26, 2008
Subject: Approving Policies and Procedures for Use of Park and
Recreation Facilities
Item #’s: G-10
Presenter(s): Steve Paustian, Parks & Recreation Director
Background
A request was made by Mr. Mark Galvan to be allowed the use of the Sorensen Complex
Softball Fields. His request was to have Council terminate the existing contract with the
ABCD Girls Softball Association and to grant his program, Central Nebraska Girls
Softball Association (CNGSA) the use of the Sorensen Complex Fields for two weekday
nights per week during the CNGSA softball season.
At the Tuesday, December 11, 2007 Special Council Meeting Council voted to have staff
renegotiate the ABCD Contract and to look at ways to accommodate both programs.
Discussion
The Park and Recreation Department with the assistance of the City Attorney has drafted
a usage policy that if adopted by Council will result in facility usage being controlled and
assigned by the Park and Recreation Department. Interested users or user groups will
annually submit their facility usage requests to the Park and Recreatio n Department and
Park and Recreation Departmental staff will assign facility usage on a seasonal basis. The
Departmental goal will be to insure the best possible experience for the participants and
spectators of the requesting individual or group through full and efficient utilization of
existing recreational facilities. By the Park and Recreation Department assigning facility
usage any perception of exclusivity should be removed. While every effort will be made
to accommodate all requests, the Department will not likely achieve total satisfaction by
all individuals or groups involved. What the Department will be able to insure is a
consistent and equitable policy of facility use assignments.
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 Facility Usage Agreement
and allow the Park and Recreation Department to administer facility usage in a way that
best serves the public.
Sample Motion
Move to approve the Facility Usage Policy.
USAGE POLICY
AND
AGREEMENT FOR RYDER PARK SOFTBALL FIELDS
LOCATED AT SORENSEN SOFTBALL COMPLEX
A. Purpose. The City of Grand Island shall manage the __________ Softball Fields
located at _________________________ in a manner to assure equitable distrib ution and
maximum use of city facilities by the public. This will be accomplished by means of the
following:
1. Outline available fields and dates of usage.
2. Outline facility-scheduling procedures and policies.
3. Define rules and regulations regarding use.
4. Manage the limited number of city athletic fields in a fair and equitable manner.
B. Available Athletic Fields. The following fields shall be subject to the Usage
Policy and Agreement for the _____________ Softball Fields located at the ______________.
The fields shall be _______________________________.
The City of Grand Island, Parks and Recreation Department is responsible for scheduling.
These fields may be available on a limited basis based upon maintenance resources and field
conditions.
The City of Grand Island, Parks and Recreation Department reserves the right to limit
field availability during periods of inclimate weather, poor playing conditions, damage (which
would cause hazardous safety considerations) and opportunities for necessary field maintenance
requirements.
C. Routine Maintenance by the City. The City shall provide the following routine
maintenance for the fields listed above:
1. To water and mow all playing fields as needed to maintain the fields in good,
playable and safe conditions.
2. To maintain all drinking fountain serving playing fields in good, operable
condition.
3. To maintain backstops, benches and bleachers serving playing fields in good, safe
conditions.
2
4. To maintain all existing fences and gates surrounding the playing field in playable
and operable conditions.
5. To provide adequate receptacles for trash and debris and to provide pickup of
trash on a regular and frequent schedule.
6. To provide all the lime necessary and the chalker for the chalking of all fields.
7. To provide one set of bases for each field per season, and to ensure that all bases
and anchors are in safe and operable condition.
8. To chalk all fields during the work week and to provide for routine maintenance
of the playing fields for scheduled tournaments.
9. To pay for energy costs associated with lighting for the playing fields.
The attached schedule shall be the schedule allowed for the 2008 season pursuant to this
Usage Agreement.
D. Non-Discrimination. No person shall be denied or subjected to discrimination in
receipt of the benefit of any services or activities made possible by or resulting from this policy
on the grounds of sex, race, color, creed, national original, age (except minimum age), retirement
provisions, marital status or the presence of any sensory, mental or physical handicap.
E. Scheduling Procedures and Requirements. (League; Tournaments; Games
and Practices).
1. The City of Grand Island reserves the right to limit the amount of play permitted
on the sport field complexes.
2. All organizations shall submit to the Grand Island Parks and Recreation
Department a league roster, certificate of insurance and game/practice schedule to
the Parks and Recreation Department at least one month prior to the program
starting date. Insurance requirements are defined in Attachment No. 1.
3. All organizations shall secure and maintain at no expense to the City of Grand
Island a comprehensive general liability policy issued by one or more companies
authorized to do business in the State of Nebraska and the City of Grand Island
shall be identified as an additional named insured on all policies as set out in
Attachment No. 1.
4. Scheduled league games shall have priority for use of the facility over practice.
League play has priority over tournament games. Practice session locations shall
3
be rotated around the field playing surfaces in accordance with existing field
conditions. Park staff will control use of the facility.
5. Tournament requests must be in writing and accompanied by the appropriate
certificate of insurance to the Parks and Recreation Department.
6. Ball field requests associated with league, organized play, and community
requests other than the designated primary use of the field will be considered
based upon field availability. The City of Grand Island shall have the authority to
approve or deny specific requests.
7. The Parks and Recreation Department will assign game and practice dates and
times. Users must meet requirements as outlined within this document.
Allocations for games and practices are based on the total number of requests
received, availability and priority outlines. A schedule, including assigned game
dates and times will be delivered to leagues prior to season commencement. The
league is required to remove unwanted assigned dates/times and return a list of
deletion within a week of delivery. No response to the schedule will be considered
acceptance by the leagues. Trading between leagues is not allowed without the
permission of the Parks and Recreatio n Department. When possible, openings will
be offered to other leagues at the discretion of the Parks and Recreation
Department.
8. When possible, confirmation of field use will be delivered ten (10) days prior to
the league start date.
9. Team organization schedulers are required to give sufficient notice when
requesting in-season changes in their request for field usage time. Deletion of
scheduled games/events must be made within a time frame that could allow for
others to have the opportunity to book the field.
10. The City of Grand Island also reserves the right to limit the amount of scheduled
and non-scheduled play on sports fields during any given season to prevent
excessive damage to turf. Wear factors include:
a. Size and number of users.
b. Type of use.
c. Frequency of use.
4
d. Weather conditions.
e. Type of sports equipment used.
F. Rules and Regulations. The following rules and regulations shall apply to all
fields as part of this Usage Policy and Agreement.
1. Alcoholic beverages are not allowed at the City of Grand Island parks or within
the _____________ Softball Fields located at __________________________.
2. Respect the City’s field maintenance personnel.
3. The City of Grand Island reserves the right to limit the amount of play permitted
on any sport field complexes.
4. The City’s ball fields will be available for use, weather permitting, beginning
approximately March 1st.
5. Organizations shall make any necessary changes, amendments or alterations to
their rules and regulations concerning games stopped during an inning due to time
regulations.
6. League Coordinators, presidents, etc., are directly responsible for informing and
teaching coaches/representatives of the City of Grand Island’s policies regarding
field usage.
7. Use of Periphe ral Items or Equipment such as scoreboard controls or PA systems
are permitted by special request only. All special requests must be made in
advance to the City’s Parks and Recreation Department.
8. The City of Grand Island encourages coaches’ training in all programs utilizing
City facilities.
9. City maintenance personnel will have final say on field playability and safety
during inclimate weather conditions.
10. Teams will not be allowed to warm up or take infield while maintenance crew
personnel are performing any field prep or maintenance.
11. Fencing and backstops are not to be used for pickle or batting practice.
12. If a field is rained out or ruled unplayable due to inclimate weather, no practice
shall be allowed on such field.
13. In case of athletic field emergencies or other maintenance issues (such as no one
present to turn lights on, sprinklers coming on) on weekdays before 3:00 p.m.,
5
please contact the Parks Department at (308) 385-5426, and if after 3:00 p.m. on
weekdays and on Saturdays, Sundays and holidays, please contact Gregg
Bostelman of the Parks and Recreation Department at 381-0769; the after hours
number is for emergencies only.
14. Leagues and tournament directors are responsible to ensure that individual teams
clean up their respective dugouts and assure playing areas are kept clean. A
maintenance fee can be assessed to the league if deemed necessary.
15. The concession stand operators are responsible for cleanliness fifteen feet
surrounding the stand. Operators must dispose of packing materials, boxes,
containers, etc. in approved dumpster sites.
16. Observe all park rules. When driving through the park parking lots, please be
especially watchful for children.
17. The City of Grand Island is not responsible for any personal property lost, damage
to vehicles, etc. Be sure to park correctly, safely and lock your car doors.
18. Cars improperly parked may be towed.
G. Usage. The City of Grand Island has recognized the application of
_______________________ request for field usage at ______________________, and grants it
the field use outlined on the attached schedule.
The ____________________ League has accepted the responsibility for organizing and
supervising a girls’ softball program. As part of its obligations, the league shall:
1. Provide all scheduling of games within its leagues, field the complaints and the
other administrative duties in regards to its program.
2. To provide all trophies or awards for league participation as it chooses.
3. To chalk all fields as needed during the absence of Parks and Recreation
Department employees.
4. To stress the need for cleanliness of the parks and playing fields to members, and
to provide for sanctions in the event that rules and regulations of the City are not
followed.
5. To assist with and cooperate with the City in all areas to promote recreational
activities in Grand Island. The league shall be solely responsible for and
indemnify the City against all claims for damages to persons or property resulting
6
from the activities and operations conducted, supervised, managed or assumed by
the league.
IN WITNESS WHEREOF, this agreement is executed by the respective parties.
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
By:__________________________________________
Margaret Hornady, Mayor
By:__________________________________________
Steve Paustian, Parks & Recreation Director
Attest:
_________________________________
RaNae Edwards, City Clerk
By:__________________________________________
League President
7
USAGE POLICY
AND
AGREEMENT FOR RYDER PARK SOFTBALL FIELDS
ATTACHMENT “A”
INSURANCE REQUIREMENTS
Any party agreeing to the Usage Policy and Agreement for __________ Softball Fields
with the City of Grand Island shall provide the following insurance.
All leagues shall secure and maintain, at no expense to the City of Grand Island, a
comprehensive general liability policy issued by one or more companies authorized to do
business in the State of Nebraska. Under such insurance:
1. The City of Grand Island shall be identified as an additional named insured;
2. Liability limits shall be a minimum of $1,000,000 per occurrence, combined
single limit for personal injury and property damage, the term of such coverage to
coincide with the dates of the Usage Policy Agreement. The Certificate of
Insurance Verification shall be on file with the City of Grand Island Parks and
Recreation Department prior to any games being played pursuant to this
Agreement.
Acknowledgment of Risk and Indemnity: The League acknowledges that
__________________ acknowledges that participating activities involving physical exercise or
participation in sporting events is potentially dangerous and could result in bodily injury and/or
death of the participants and that permission to participate in such activities does not create for
the parties release herein any responsibility of liability. Further, as a consideration for the right
and privilege of _________________________ permitted use of the fields,
____________________ agrees to defend, release and hold harmless the City of Grand Island
from any and all liability, claims, demands, actions or causes of action of any kind whatsoever,
incurred or suffered by any person or for any loss of property, however, howsoever caused,
during the period in which this Usage Policy Agreement covers, for the use of space, or
occurring as a result of the use of such fields during the agreed period and ____________
_________________ breach of any warranty, representation or other provision of this Usage
Policy Agreement.
8
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
By:__________________________________________
Margaret Hornady, Mayor
By:__________________________________________
Steve Paustian, Parks & Recreation Director
Attest:
_________________________________
RaNae Edwards, City Clerk
By:__________________________________________
League President
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-63
WHEREAS, on December 11, 2007, by Resolution No. 2007-317, the City Council
authorized city staff to renegotiate the ABCD softball contract in order to accommodate each softball
program in the City of Grand Island; and
WHEREAS, the Parks and Recreation Department, along with the City Attorney, has
drafted a usage policy which will result in facility usage being controlled and assigned in an equitable fashion
by the Parks and Recreation Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Facility Usage Agreement to be used by the
Parks and Recreation Department to maximize the usage of park facilities in the City of Grand Island is
hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2008-64 - Approving Change Order No. 1 for Re-Alignment of
Riverway Trail
Tuesday, February 26, 2008
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: February 26, 2008
Subject: Change Order #1 for Riverway Trail with Diamond
Engineering
Item #’s: G-11
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department has received a grant with the State of Nebraska
Department of Roads to construct a hike/bike trail from Hall County Park to Wal-Mart
South. Since the original design of the trail was completed, the State has planted trees
along the South Locust corridor. Some of these trees were planted in places that are in
conflict with the original trail alignment.
Discussion
A new alignment has been proposed that will no longer conflict with the trees planted by
the State. The new trail alignment will require adjusting three Sanitary Sewer manholes.
Another alternative would be to relocate the trees, however over twenty trees would be
involved and moving them would void the warranty currently in place.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve change order number 1 in the
amount of $1,710.00 to Diamond Engineering to adjust three Sanitary Sewer manholes.
This would increase the total contract price to $341,133.85.
Sample Motion
Move to approve change order #1 to Diamond Engineering in the amount of $1,710.00.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-64
WHEREAS, on August 28, 2007, by Resolution 2007-209, the City Council of the City of
Grand Island awarded the Diamond Engineering Company, of Grand Island, Nebraska, the bid in the
amount of $339,423.85, for the construction of the Riverway Hike and Bike Trail, Project STPB-40(53);
and
WHEREAS, it has been determined that modifications to the work to be performed by the
Diamond Engineering Company are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modification will increase the contract amount by $1,710.00
for a revised contract price of $341,133.85.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and the Diamond Engineering
Company of Grand Island, Nebraska to provide the modifications set out as follows:
Adjustment of Three Sanitary Manholes to Grade......................................................................$1,710.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2008-65 - Approving Modification to Golf Pro Contract
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks & Recreation Director
Meeting: February 26, 2008
Subject: Approving Modification to Golf Pro Contract
Item #’s: G-12
Presenter(s): Steve Paustian, Parks & Recreation Director
Background
After 30 plus years operating under a Golf Professional Contract that was based on both a
base payment plus a commission, it was determined last year that a new Golf
Professional Contract would be developed that was totally performance (commission)
based. The former Golf Professional elected not to accept the new contract and thus a
new Golf Professional was hired. The new contract involved many changes from the
former contract including a modification to tournament green fees. The new contract
allowed for a one year tournament pricing schedule that would automatically be changed
for the 2008 golf season to charge full green fees for all tournaments.
Discussion
During negotiations last year a concern was raised by the Golf Professional regarding the
effect of the radical fee change proposed for the tournaments currently offered by the
City. The original change involved an increase from $2.00 to $10.00 for the green fees
for the three designated tournaments identified on page 4 of the contract. This green fee
change was to be followed with a full green fee charge for all tournaments beginning
with the start of the 2008 golf season. This change would include all Men’s Association
Tournaments and would require full green fee payments as well. Previously, season pass
holders were only required to pay the $2.00 Capital Maintenance Fee to play in the
Association Tournaments. Association members that were not season pass holders were
required to pay full green fees.
In observing the situation this past golf season it has been determined that moving to the
full green fee charge for all tournaments effective this year would be detrimental to the
success of the tournaments and could potentially result in a further erosion of golf rounds
played at Jack Rabbit Run. We are in a position, as are all golf courses in the area, of
competing for a limited number of golfers with many courses available for those golfers
to play the ir golf. The Park and Recreation Department feels it is vitally important to
provide a cost competitive product if we are going to be successful in our attempt to
increase play at Jack Rabbit Run. Changing the green fee structure to full green fees for
all participants in all tournaments would result in decreased play in tournaments and
probably impact those golfers in such a way that they may decide to play all there golf at
other courses.
NOTE FROM JEFF:
Despite the fact that Jack Rabbit Run has begun to experience a modest loss in annual
profit, there are currently in place many positive and progressive revenue-producing
components that many municipal golf courses do not enjoy. These would include in
particular the $2.00 per round Capital Maintenance Fee and the disallowance of private
golf cars. Additionally, the new incentive-based contract with the Golf Pro creates a
meaningful partnership between the City and the Pro that clearly ramps up the marketing
effort at the course. We need to maintain a balance in pricing that supports the role of the
Golf Pro in marketing the golf course in a very competitive environment.
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 modify the original Golf Professional
contract to reflect a 60% of standard green fee costs for the three named tournaments as
well as for any other named tournaments developed in the future. Staff further
recommends that the Golf Professional Contract be modified to add a statement that
allows for Association Tournament green fees to be the existing green fee or for a season
pass holder, the payment of only the Capital Maintenance Fee. The final recommended
change would eliminate the last sentence of page four paragraph one that currently states
"In 2008 and beyond full fees will apply to all tournaments".
Sample Motion
Move to modify current Golf Professional Contact to reflect discussed changes.
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 ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-65
WHEREAS, on March 13, 2007, by Resolution 2007-59, the City Council of the City of
Grand Island awarded Don E. Kruse of Grand Island, Nebraska, a contract for the operation and
management services for Jackrabbit Run Golf Course; and
WHEREAS, in order to provide a cost competitive product, it has been determined that
modifications to the contract are necessary relating to green fees for tournaments; and
WHEREAS it is recommended that the original contract for the operation and management
of service for Jackrabbit Run Golf Course be amended to reflect a 60% of standard green fee costs for
tournaments held at the course; and
WHEREAS, it is further recommended that the contract be modified to allow for
Association Tournament green fees to be the existing green fee or for a season pass holder, the payment of
only the Capital Maintenance Fee; and
WHEREAS, it is further recommended that the sentence “In 2008 and beyond full fees will
apply to all tournaments” on page four of the contract be deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute a revised contract between the City of Grand Island and Don E. Kruse of Grand Island,
Nebraska, for the operation and management services for Jackrabbit Run Golf Course.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2008-66 - Approving Bid Award for Purchase of Furnishings for
Building 6 Expansion for Waste Water Treatment Plant
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: February 26, 2008
Subject: Approving Bid Award for Purchase of Furnishings for
Building 6 Expansion for Waste Water Treatment Plant
Item #’s: G-13
Presenter(s): Steven P. Riehle, Public Works Director
Background
On January 23, 2008 the Waste Water Division of the Public Works Department
advertised for bids to purchase furnishings for Building 6 expansion at the Waste Water
Treatment Plant. This expansion allows for additional office space at the Plant.
Discussion
Three bids were received and opened on February 7, 2008. The Waste Water Division of
the Public Works Department and the Purchasing Division of the City Attorney’s Office
have reviewed all bids.
Bidder Price
Surroundings, LLC of Lincoln, Nebraska $20,862.62
(Incomplete bid – did not include 2 Drafting
Tables).
*The cost when added into this bid
would be more than Eakes Office Plus.
Eakes Office Plus $21,684.00
of Grand Island, Nebraska
Office Net of Grand Island, Nebraska $22,848.10
The bid of $21,684.00 from Eakes Office Plus of Grand Island, Nebraska meets the bid
specifications and is under the estimate of $25,000.00.
Funds are available in account number 53030054-85612-53006.
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 bid award to Eakes Office
Plus of Grand Island, Nebraska in the amount of $21,684.00.
Sample Motion
Move to approve bid award to Eakes Office Plus of Grand Island, Nebraska in the
amount of $21,684.00.
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 7, 2008 at 11:00 a.m.
FOR: Furnishings for Building Six (6) Expansion for WWTP
DEPARTMENT: Public Works
ESTIMATE: $25,000.00
FUND/ACCOUNT: 53030054-85612-53006
PUBLICATION DATE: January 23, 2008
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Surroundings, LLC Eakes Office Plus
Lincoln, NE Grand Island NE
Bid Security: Liberty Mutual Insurance Co. $1,085.00
Bid Price: $20,862.62 $21,684.00
Bidder: Office Net
Grand Island NE
Bid Security: $1,200.00
Bid Price: $22,848.10
cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director
Ben Thayer, WWTP Supt. Catrina Delosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Wes Nespor, Assist. City Attorney
Sherry Peters, Legal Secretary Jeff Pederson, City Administrator
P1226
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-66
WHEREAS, the City of Grand Island invited sealed bids for Furnishings for Building Six (6)
Expansion for the Wastewater Treatment Plant, according to plans and specifications on file with the Public
Works Department; and
WHEREAS, on February 7, 2008, bids were received, opened and reviewed; and
WHEREAS, Eakes Office Plus of Grand Island, 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 $21,684.00; and
WHEREAS, the bid of Eakes Office Plus is less than the estimate for Furnishings for
Building Six (6) Expansion for the Wastewater Treatment Plant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Eakes Office Plus in the amount of
$21,684.00 for Furnishings for Building Six (6) Expansion for the Wastewater Treatment Plant is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2008-67 - Approving Acquisition of Sanitary Sewer Utilities
Easement in Springdale Second Subdivision (Karen J. Bredthauer)
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-67
WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Karen
J. Bredthauer , to construct and maintain the utilities and drainage between Springdale Second Subdivision
and North Road; and
WHEREAS, a public hearing was held on February 26, 2008, for the purpose of discussing
the proposed acquisition of an easement comprising a part of the Southeast Quarter of the Northeast
Quarter (SE¼ NE¼) of Section Twenty Three (23), Township Eleven (11), Range Ten (10), all in the City
of Grand Island, Nebraska, more particularly described as follows:
Beginning at the Southeast Corner of said Southeast Quarter of the Northeast Quarter (SE
¼ NE ¼); thence running northerly along the east line of said Southeast Quarter of the
Northeast Quarter (SE¼ NE¼), on an assumed bearing of N00°00’05”W, a distance of
One Hundred Eighty One and Sixty Eight Hundredths (181.68) feet, to the actual point of
beginning; thence running S75°05’05”W, a distance of One Hundred Fifty Seven and
Ninety Eight Hundredths (157.98) feet; thence running N89°31’20”W, a distance of Five
Hundred Eight and Fifteen Hundredths (508.15) feet, to a point on the easterly line of
Springdale second subdivision; thence running N00°00’00”E, along the easterly line of
Springdale Second Subdivision, a distance of Twenty (20.0) feet; thence running
S89°31’20”E, a distance of Ninety Six and Eighty Nine Hundredths (96.89) feet; thence
running N00°00’15”E, a distance of One Hundred Ninety Eight and Thirty Two
Hundredths (198.32) feet; thence running S89°59’44”E, a distance of Twenty (20.00) feet;
thence running S00°00’15”W, a distance of One Hundred Ninety Eight and Forty Nine
Hundredths (198.49) feet; thence running S89°31’20”E, a distance of Three Hundred
Eighty Eight and Seventy Three Hundredths (388.73) feet; thence running N75°05’05”E, a
distance of One Hundred Sixty and Sixty Hundredths (160.60) feet, to a point on the East
line of said Southeast Quarter of the Northeast Quarter (SE¼ NE¼); thence running
S00°00’05”E, along the east line of said Southeast Quarter of the Northeast Quarter (SE¼
NE¼), a distance of Twenty and Seventy Hundredths (20.70) feet, to the actual point of
beginning and containing 0.397 acres more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a sanitary sewer easement from Karen J. Bredthauer, on the above-described tract of
land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2008-68 - Approving Designating No Parking Zones for
Westbound US Highway 30 (2nd Street) Detour
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: February 26, 2008
Subject: Approving Designating No Parking Zones for westbound
US Highway 30 (2nd Street) Detour
Item #’s: G-15
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is required to designate No Parking on any public street. The Nebraska
Department of Roads (NDOR) is working with the City of Grand Island Public Works
Department on a joint project to widen US Highway 30 (2nd Street) from a 4-lane to a 5-
lane roadway. The existing road is 50' wide and the new roadway will be 64' wide.
Approximately 7' of widening occurs on both the north side and south side of 2nd Street.
Discussion
In conjunction with the widening project, westbound US Highway 30 traffic will be
detoured to 3rd street. West bound US Highway 30 (2nd Street) traffic will be detoured
over to 3rd Street at Clark Street and brought back onto 2nd Street at Grant Street.
In order for traffic to flow smoothly and prevent congestion NDOR's Project Manager
has requested that parking be restricted as follows:
Grant Street No Parking on both sides of the street from 2nd - 3rd Street
No Parking on the east side from 2nd Street south for 1/2 block to the
alley
Clark Street
No Parking on the west side from 2nd Street north for 1/2 block to the
alley
3rd Street No Parking on either side of the street from Grant - Clark Street
The parking restrictions will be in effect from the project beginning date of March 17,
2008 thru Fall of 2008, as long as the detour is in place.
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 No Parking restrictions for
the westbound US Highway 30 (2nd Street) detour.
Sample Motion
Move to approve the No Parking restrictions for the westbound US Highway 30 (2nd
Street) detour.
3rd St
Logan St Harrison StBroadwell AveMonroe StTilden StClay St2nd St
South Front St
Madison St2nd Street OneWay East
3rd Street East & West
Jefferson StAdams StWashington StLincoln St.Greenwich St.Clark St.Grant St.1st St.XClosed Intersection
U.S Highway 30 - 2nd St.Construction Detour
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-68
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may
by resolution, entirely prohibit, or fix a time limit for the parking and stopping of vehicles in or on any public
street, public property, or portion thereof; and
WHEREAS, due to the widening project of US Highway 30 (2nd Street), the Public Works
Department is requesting that No Parking be allowed on both sides of Grant Street from Second Street to
Third Streets; on the east side of Clark Street from Second Street south for half a block to the alley; on the
west side of Clark Street from Second Street north for half a block to the alley; and, on either side of Third
Street from Grant Street to Clark Street; and
WHEREAS, it is recommended that such restricted parking request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. A No Parking Zone is hereby designated on both sides of Grant Street from Second Street
to Third Street.
2. A No Parking Zone is hereby designated on the east side of Clark Street from Second
Street south for half a block to the alley.
3. A No Parking Zone is hereby designated on the west side of Clark Street from Second
Street north for half a block to the alley.
4. A No Parking Zone is hereby designated on either side of Third Street from Grant Street to
Clark Street.
5. The No Parking Zone restrictions shall take effect March 17, 2008.
6. The City's Streets Division of the Public Works Department shall erect and maintain the
signs necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2008-69 - Approving Amendment to Resolution 2008-47
Regarding Structural Firefighters Protective Clothing
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Troy Hughes, Training Division Chief
Meeting: February 26, 2008
Subject: Amendment to Resolution #2008-47
Item #’s: G-16
Presenter(s): Jim Rowell, Fire Chief
Background
On February 12, 2008, the Council approved Resolution #2008-47. This resolution gave
authorization to purchase 56 sets of protective clothing from Municipal Emergency
Services, Inc of Fremont, Nebraska at a cost of $82,721.
Discussion
At the present time the fire department has only 54 members who need protective
clothing. This amendment proposes that only 54 sets of protective clothing be purchased
at this time. Additionally, the protective clothing committee identified two additiona l
needs related to the design of the protective clothing after evaluating all bids. 1) The need
for additional padding on the knees, and; 2) Additional protection on the pockets of the
pants. Neither of these items was included in the original bid specifications. Municipal
Emergency Services identified the cost of adding these two items as $37 per set or
protective clothing. Knee padding - $20/set and protection on pocket $17/set. It is the
opinion of the protective clothing committee that these modifications will extend the
useful life of the protective clothing therefore resulting in a better value to the
department.
The original resolution authorized $82,271 to be spent on protective clothing. With the
reduction of two sets of clothing and the two modifications to the original specification,
the total expenditure drops to $81,756. These changes are within the rules of the federal
grant that is providing 90% of the funding for this purchase. These changes will result in
a grant balance of $956 that can be utilized to purchase other protective clothing like
firefighting boots or firefighting gloves. No grant funding will be lost as a result of this
change.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the amendment to Resolution
#2008-47.
Sample Motion
Move to amend Resolution #2008-47 to allow the purchase of 54 sets of protective
clothing with the additional padding and reinforcement which results in a reduction of the
awarded bid to Municipal Emergency Services from $82,712 to $81,756.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-69
WHEREAS, on February 12, 2008, by Resolution 2008-47, the City Council of the City of
Grand Island awarded Municipal Emergency Services, Inc., of Fremont, Nebraska, the bid in the amount
of $82,712.00, for the purchase of 56 sets of protective clothing for firefighters; and
WHEREAS, it has been determined that only 54 sets of protective clothing for city
firefighters needs to be purchased at this time; and
WHEREAS, the result of such determination will decrease the purchase price amount by
$956.00 for a revised purchase price of $81,756.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the amendment to Resolution 2008-47 for the
purchase of 54 sets of protective clothing for city firefighters for the amended purchase price of
$81,756.00, from Municipal Emergency Services, Inc., of Fremont, Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2008-70 - Approving Demonstration Grant Contract with
Nebraska Children and Families Foundation
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Meeting: February 26, 2008
Subject: Approve Demonstration Grant Contract with Nebraska
Children & Families Foundation
Item #’s: G-17
Presenter(s): Joni Kuzma, Community Development Administrator
Background
The Coalition for Children was formed in September 2004 by a small group of human
service professionals who shared a concern about the large number of youth in the foster
care and social service systems in Hall County. In 2007, the City received a grant from
the Nebraska Children and Families Foundation for the Coalition for Children to build
community collaboration to improve the local service system to children. Grand Island
was one of three Nebraska communities chosen to pilot this collaboration building
project. Ogallala and Valentine are also Demonstration grant recipients.
This grant has allowed the Coalition to hire a Coordinator, create a year-long
collaboration building curriculum to train a Leadership Team, and given the Steering
Committee an opportunity to meet with NCFF staff, state Health and Human Services
staff, and others at the state level who work with or fund programs that affect children
and families.
The Leadership Team meets monthly and is comprised of 15 community representatives
from a variety community of groups and organizations. A new team will be selected
annually. Steering Committee members participate in monthly phone conferences and
quarterly workshops with Nebraska Children and Families staff. These meetings provide
opportunity for more intensive training than is provided in monthly Leadership Team
meetings and each of the grantee communities provides local data about the needs of
children and families to staff in state level programs. This is the second year of funding
of a three-year grant cycle.
Discussion
The Nebraska Children and Families Foundation (NCFF) has awarded $26,489.40 to the
City of Grand Island to support the activities of the Coalition for Children to build
collaboration, coordinate Leadership Team activities, and pay the salary of a part-time
Coordinator. As mentioned in the Council Memo for the NCFF Continuation grant, a
portion of this grant has been allocated for the Multicultural Coalition. The grant contract
period is 1/1/08 - 12/31/08. The City will serve as fiscal agent. An award letter and
contract have been received by the City and need to be signed by the Mayor to accept the
grant award.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Demonstration grant contract with the Nebraska Children and
Families Foundation and authorize the Mayor to sign all related documents
2. Refer the issue to a Committee
3. Postpone the issue to future date
Recommendation
City administration recommends that Council approve the Demonstration grant contract
with the Nebraska Children and Families Foundation and authorize the Mayor to sign all
related documents
Sample Motion
Move to approve the Demonstration grant contract with the Nebraska Children and
Families Foundation and authorize the Mayor to sign all related documents.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-70
WHEREAS, the Coalition for Children was formed in September, 2004, by service
professionals who shared a concern about youth in the foster care and social service systems in Hall
County; and
WHEREAS, the Coalition formed a community collaborative to create a community climate
where children are valued, safe, and health;
WHEREAS, in December 2007, the City of Grand Island was awarded a grant in the
amount of $26,489.40, from the Nebraska Children and Families Foundation for the Coalition for Children
to build collaboration, coordinate Leadership Team activities and pay the salary of a part-time Coordinator;
and
WHEREAS, the City of Grand Island will serve as fiscal agent for the grant period which
runs January 1, 2008 through December 31, 2008; and
WHEREAS, an award letter and contract have been received by the city and must be
signed by the Mayor in order to accept the grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the contract for the Demonstration Grant is
approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf
of the City of Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G18
#2008-71 - Approving Continuation Grant Contract with Nebraska
Children and Families Foundation
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Council Meeting: February 26, 2008
Subject: Approve Continuation Grant Contract with
Nebraska Children & Families Foundation
Item #’s: G-18
Presenter(s): Joni Kuzma, Community Development
Administrator
Background
In October 2007, the City of Grand Island applied for a Continuation grant from the
Nebraska Children and Families Foundation (NCFF.) This is the 11th year the City has
applied for this grant to support youth leadership development in Grand Island. The
Community Youth Council (CYC) has been the applicant group for the grant since it was
formed in 1997. The early grant years funded a CYC Coordinator but over the years, the
position was absorbed by existing City staff and grant funds disbursed to two other
community programs.
The past few years, Youth Leadership Tomorrow and the Multicultural Coalition have
been the primary recipients of actual grant dollars funneled through the City as pass-
through funds. The grant this year allocated funds to the Community Youth Council and
Youth Leadership Tomorrow. NCFF moved the funding for the Multicultural Coalition
into a different grant that the City also receives from them. Wendy Meyer-Jerke, City of
Grand Island Public Information Officer, is the current CYC coordinator.
Discussion
The Nebraska Children and Families Foundation (NCFF) has awarded $14,064.50 to the
City of Grand Island to support the activities of the Community Youth Council and to
offset program costs for Youth Leadership Tomorrow. The grant contract period is
January 1, 2008 - December 31, 2008. The City will serve as fiscal agent. An award letter
and contract have been received by the City and need to be signed by the Mayor to accept
the grant award.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Continuation grant contract with Nebraska Children and Families
Foundation and authorize the Mayor to sign all related documents
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that the Council approve the Continuation grant
contract with Nebraska Children and Families Foundation and authorize the Mayor to
sign all related documents.
Sample Motion
Move to approve the Continuation grant contract with Nebraska Children and Families
Foundation and authorize the Mayor to sign all related documents.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-71
WHEREAS, in October, 2007, the City of Grand Island applied for a Continuation grant
from the Nebraska Children and Families Foundation to support youth leadership development in Grand
Island; and
WHEREAS, the City of Grand Island received a grant in the amount of $14,064.50, from
the Nebraska Children and Families Foundation to support the activities of the Community Youth Council
and to offset program costs for Youth Leadership Tomorrow; and
WHEREAS, the City of Grand Island will serve as fiscal agent for the grant period which
runs January 1, 2008 through December 31, 2008; and
WHEREAS, an award letter and contract have been received by the city and must be
signed by the Mayor in order to accept the grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the contract for the Continuation Grant is approved
and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the
City of Grand Island for such grant programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item G19
#2008-72 - Approving Designating 415 East 9th Street as Surplus
Property and Directing Method of Disposal
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Administrator
Meeting: February 26, 2008
Subject: Consideration of Designating 415 E. 9th Street as Surplus
Property and Directing Method of Disposal
Item #’s: G-19
Presenter(s): Joni Kuzma, Community Development Administrator
Background
The City purchased the building and property at 415 East 9th Street in March 1992 for
$14,750 as a part of a Homestead Program using Community Development Block Grant
funds. In August 1992, the home was sold to a Homestead participant for $1.00. As a part
of this program, the City loaned $12,500 to the homeowner to make improvements to the
home and there was another warranty deed for $14,500 with the homeowner. Both were
released and the City resumed ownership of the property in 1995 when the homeowner
defaulted on their mortgage.
In 1995, the house was rented to a family through a “lease with option to purchase”
agreement. The family did not make their payments so were evicted. The property was
again rented (with option to purchase) in 1997, but that family moved out and chose not
to purchase the house. In 1998, the house was rented, with no option to purchase, and the
renter lived in the property until February 2007. At that time, the tenant was paying $300
per month for rent. The house is currently vacant but Community Development is paying
the gas, utility, mowing, and snow removal bills.
Discussion
Community Development would prefer to dispose of the property rather than rent it to
another occupant. There is no money in the Community Development budget to maintain
or make improvements to the property. Declaring the property as surplus is the first step
in the process of disposal of the property.
There are two general approaches to the sale of this kind of real estate. The first is auction
the property or accept bids and sell the property for the highest reasonable bid. The
second is to ensure that the property is sold with the requirement that any use of the
building or property meet the low-income guidelines as originally outlined in the
Homestead Program.
In this case, the City would request proposals to include price, a plan for meeting the low-
income guidelines to rent or sell the property, and a time line for disposal. A Council
resolution will begin the process by declaring the property surplus. After the property is
declared surplus, an ordinance would be passed following review of all bids or offers to
determine a buyer and the conditions of sale and published for three weeks. If no public
remonstrance is filed within 30 days after final publication of the ordinance, the property
can be conveyed.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to declare the property surplus and direct advertisement for proposals.
2. Postpone the issue to a future date.
3. Take no action on the issue and retain the property.
Recommendation
City Administration recommends that the Council declare, by resolution, that such
property is surplus and direct advertisement for proposals.
Sample Motion
Move to approve a resolution declaring the building and property at 415 East 9th Street
surplus and direct advertisement for proposals.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-72
WHEREAS, in March, 1992, the City of Grand Island purchased a home at 415 E. 9th
Street with State of Nebraska Department of Economic Development Community Development Block
Grant funds for the purpose of selling the home to a low-income first time homebuyer through an existing
Homestead Program; and
WHEREAS, the property was sold or rented multiple times but was returned to the City in
1995 due to owner/tenant default and was subsequently rented to a low-income tenant in 1998 with no
option to purchase,
WHEREAS, the tenant vacated the property in February 2007 and the City wishes to
dispose of the property,
WHEREAS, in order to dispose of the building and property at 415 E. 9th Street, it is
necessary that the council declare the real estate and building as surplus so that the property can be properly
disposed of.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the building and property at 415 E. 9th Street,
Grand Island, Nebraska, is hereby declared as surplus property and is directed to be sold by sealed
proposals which will include price, a plan for meeting the low-income guidelines to rent or sell the property,
and a time line for disposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2008-73 - Approving MAPP CEII Non- Disclosure Agreement -
Utilities Department
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: February 26, 2008
Subject: MAPP CEII Non-Disclosure Agreement
Item #’s: G-20
Presenter(s): Gary R. Mader, Utilities Director
Background
The Electric Department maintains a 115,000 volt transmission loop that provides
reliable power to the substations connected to it. In addition, several transmission
connections with the regional grid are established from various locations around the loop.
As the City grows, this system is expanded as needed. Expansions of this system are
required to be submitted in a biennial transmission plan to the Mid-Continent Area Power
Pool (MAPP). MAPP is an organization that provides pooling of generation for power
sales and purchases across a region consisting of eight states and two Canadian
provinces. The City of Grand Island falls within the MAPP region and participates
through a joint operating agreement with Nebraska Public Power District (NPPD).
Discussion
In a post-911 world, security of sensitive documentation becomes increasingly more
important. Participants with MAPP share sensitive information with other utilities for
transmission planning purposes. This information is known to MAPP as Critical Energy
Infrastructure Information (CEII). In an effort to maintain the security of this information,
MAPP is requiring a Non-Disclosure Agreement to be signed by all participating utilities.
Alternatives
It appears that the Council that 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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends the MAPP CEII Non-Disclosure Agreement be
approved and signed to allow continued involvement with MAPP and related
transmission planning efforts.
Sample Motion
Move to approve the MAPP CEII Non-Disclosure Agreement to continue involvement
with MAPP.
1 Modified January 14, 2008
MAPP CRITICAL ENERGY INFRASTRUCTURE INFORMATION
NON-DISCLOSURE AGREEMENT
1. These provisions govern the use of Critical Energy Infrastructure Information (CEII)
provided to an individual who files a request for access to CEII pursuant to the MAPP
CEII Policy administered by MAPPCOR.
2. Definitions – For purposes of these provisions:
a. The terms “non-disclosure agreement” and “NDA” mean this agreement by which
requesters certify their understanding that access to CEII is provided pursuant to
the terms and restrictions of these provisions, and that such requesters have read
the provisions and agree to be bound by them.
b. The term “Recipient” means someone who is approved to receive CEII in
accordance with the provisions of the MAPP CEII Policy.
In the event that an organization seeks CEII, and it is intended that multiple
employees, agents and consultants of the organization will have access to the
CEII, all such employees, agents, and consultants shall execute the NDA. Each
employee, agent and consultant that executes the NDA shall individually be a
Recipient and be bound by the provisions of the MAPP CEII Policy and the NDA.
A current list of all Recipients within the Organization shall be appended to the
NDA. Any subsequent additions to, or deletions of, individual Recipients on the
NDA must be sent to MAPP and the revised NDA must be executed by the new
Recipients.
3. A Recipient may only discuss CEII with another Recipient of the identical CEII. A
Recipient may check with MAPPCOR to determine whether another individual is a
Recipient of the identical CEII.
4. A Recipient of CEII may use CEII as foundation for advice provided to others, but may
not disclose CEII to another individual unless that individual is an approved Recipient of
the same CEII.
5. A Recipient will not knowingly use CEII for an illegal or non-legitimate purpose.
6. All CEII shall be maintained by Recipient in a secure place. Access to those materials
shall be limited to other Recipients of the identical material. Recipients may make copies
of CEII, but such copies become CEII and subject to these same procedures. Recipients
may make notes of CEII, which shall be treated as CEII notes if they contain CEII.
7. Recipients must return CEII to MAPPCOR or destroy CEII within fifteen days of a
written request by MAPPCOR to do so, except that CEII notes may be retained in
accordance with Paragraph 6, above. Within such time period, each Recipient, if
requested to do so, shall also submit to MAPPCOR an affidavit stating that, to the best of
his or her knowledge, all CEII has been returned or destroyed and that CEII notes have
MAPP Critical Energy Infrastructure Information (CEII)
Non-Disclosure Agreement
2 Modified January 14, 2008
Version 1.1
either been returned, destroyed or are being maintained by Recipient in accordance with
Paragraph 6.
8. The Recipient remains bound by these provisions unless MAPPCOR rescinds the
provisions or a court of competent jurisdiction finds that the information does not qualify
as CEII.
9. MAPPCOR may audit the Recipient’s compliance with this non-disclosure agreement.
10. I hereby certify my understanding that access to CEII is provided to me pursuant to the
terms and restrictions of the above CEII provisions and MAPP CEII Policy, that I have
been given a copy of and have the provisions, and that I agree to be bound by them. I
understand that the contents of the CEII, any notes or other memoranda, or any other
form of information that copies or discloses CEII shall not be disclosed to anyone other
than another person who has been granted access to these same materials by MAPPCOR.
I agree that my compliance with the agreement is subject to audit by MAPPCOR and that
disputes regarding this agreement may be resolved before the Federal Energy Regulatory
Commission.
By: _____________________________________
Signature
Print Name: _______________________________
Organization or Company: ___________________
__________________________________________
Title: _____________________________________
Date: ____________________________________
Margaret Hornady
City of Grand Island
Mayor
2/26/08
3 Modified January 14, 2008 Version 1.1 MAPP CRITICAL ENERGY INFRASTRUCTURE INFORMATION NON-DISCLOSURE AGREEMENT Additional Organizational Recipients Signature Print Name Organization Title Date Gary R. MaderCity of Grand IslandUtilities Director 2/26/08Travis W. BurdettCity of Grand IslandAssistant Utilities Director2/26/08Jeffrey L. MeadCity of Grand IslandSenior Electrical Engineer 2/26/08
MAPP Critical Energy Infrastructure Information (CEII) Policy
I. CEII Defined (FERC Order No. 683, issued September 21, 2006)
CEII is specific engineering, vulnerability, or detailed design information about
proposed or existing critical infrastructure (physical or virtual) that:
1. Relates details about the production, generation, transmission, or
distribution of energy;
2. Could be useful to a person planning an attack on critical infrastructure;
3. Is exempt from mandatory disclosure under the Freedom of Information
Act (FOIA), 5 U.S.C. 552 (2000);; and
4. Does not simply give the general location of the critical infrastructure.
II. CEII - Related Document Classes
Document and Information Type Marking Treatment Access
PUBLIC None or
"Public"
Maintained
in the Public
Website
www.mapp.
org and on
the MAPP
OASIS
information
page.
The public has
unrestricted
access to the
“public” areas
of the website.
CEII (NONPUBLIC)
Specific engineering, vulnerability, or
detailed design information about
proposed or existing critical
infrastructure (physical or virtual) that:
(1) is exempt from mandatory
disclosure under FOIA, 5 U.S.C. 552
(2000),
(2) relates details about the production,
generation, transportation, transmission
or distribution of energy,
(3) could be useful to a person planning
an attack on the infrastructure, and
(4) does not simply give the location of
the critical infrastructure.
"Contains
Critical
Energy
Infrastructure
Information -
Do Not
Release"
Not
available on
Public
website.
Public may
file a CEII
request.
MAPP Critical Energy Infrastructure Information
(CEII) Policy
2 Modified January 14, 2008
Version 1.1
III. CEII Requests & Exemptions
An owner/operator of a facility, including employees and officers of the
owner/operator, may obtain CEII information relating to its own facility directly
from MAPPCOR without going through the procedure outlined below. However,
an agent or representative of an owner/operator must obtain information from the
owner/operator.
MAPP Members are expected to execute the MAPP CEII non-disclosure
agreement. MAPPCOR will administer all executed MAPP CEII non-disclosure
agreements.
To File a CEII Request for Data
Please include the following information in writing (fax, e-mail, or mailed letter):
1. Be as specific as possible. In the request include the description of the
information requested such as the report or file names, dates and etc.
2. Contact and identifying information:
a. First name, middle initial, and last name
b. Title (attorney, engineer, private citizen etc.)
c. Full mailing address
d. Area code and telephone number
e. E-mail address
3. If filing the CEII request on behalf of another person or entity, include that
person or entity's contact information:
a. Name
b. Address
c. Telephone number
4. Provide a detailed statement explaining the particular need for and
intended use of the CEII.
5. Complete, sign, and attach the non-disclosure agreement requiring the
adherence to limitations on the use and disclosure of the information
requested.
6. Send the request to:
MAPPCOR
Barbara Moses or Catherine Allen
bl.moses@mappcor.org or cm.allen@mappcor.org
P: 651-294-7070
F: 651-294-7099
MAPP Critical Energy Infrastructure Information
(CEII) Policy
3 Modified January 14, 2008
Version 1.1
1970 Oakcrest Avenue
Suite 200
Roseville, MN 55113-2624
IV. MAPPCOR’s Initial Review
At the time the CEII request is received, MAPPCOR will determine if the
requested information meets the requirements of CEII outlined in this document,
and if determined as such, whether or not to release the documents to the
requesting party. MAPPCOR will strive to balance your information needs
against the sensitivity of the information.
If MAPPCOR determines that the requested information is not CEII, the
requesting party will be advised of whom to contact for the information requested.
At this point it is possible that a FOIA request may be required.
Post Request Procedure
If the requesting party is eligible to receive the CEII requested, MAPPCOR will
determine what conditions, if any, to place on the release of the information. The
requesting party must sign a Non-Disclosure Agreement (NDA) to receive the
information requested. When the completed NDA is returned, MAPPCOR may
provide the requested CEII provided that all other requirements in this document
have been met.
Time
MAPPCOR will attempt to respond within 21 calendar days. However,
MAPPCOR is not legally bound to do so for CEII requests.
V. Further Information On The Applicability Of This Policy
MAPP Members that submit information labeled as CEII to MAPPCOR or to
MAPP committees will be deemed to have submitted the information pursuant to
this MAPP CEII Policy, unless otherwise clearly indicated. Information that is
submitted pursuant to individual MAPP Member CEII policies will be governed
by those policies and MAPPCOR will not distribute such information without
prior approval by the submitting MAPP Member or unless otherwise authorized
by the submitting MAPP Member. Information that is submitted pursuant to this
MAPP CEII Policy may be distributed to additional recipients if such recipients
have satisfied the requirements of this policy, as will be determined solely by
MAPPCOR.
Pursuant to the transmission planning reforms of FERC Order No. 890, MAPP
regional transmission planning meetings must be open and transparent, and
interested persons are accordingly permitted to attend MAPP regional
MAPP Critical Energy Infrastructure Information
(CEII) Policy
4 Modified January 14, 2008
Version 1.1
transmission planning meetings. In the event CEII information is discussed at
MAPP regional transmission planning meetings, attendance will be conditioned
upon execution of the MAPP CEII non-disclosure agreement; MAPP regional
transmission planning meetings that discuss CEII will be closed to all persons that
have not executed a MAPP CEII non-disclosure agreement.
Requests for information from MAPP and related to regional transmission
planning in MAPP must be submitted pursuant to this MAPP CEII Policy. If the
requested information is held by an individual MAPP Member, the requestor will
be directed to that Member and access to the information shall not be subject to
the MAPP CEII Policy, unless the Member so indicates to both MAPP and the
requestor.
Approved as to Form ¤
_______________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-73
WHEREAS, the Utilities Department of the City of Grand Island maintains a 115,000 volt
transmission loop, providing reliable power to the substations connected to it; and
WHEREAS, expansions of the city’s system are required to be submitted in a biennial
transmission plan to the Mid-Continent Area Power Pool (MAPP), which provides pooling of generation
for power sales and purchases; and
WHEREAS, the City of Grand Island falls within the MAPP region and participates through
a joint operating agreement with the Nebraska Public Power District (NPPD); and
WHEREAS, in an effort to maintain security of sensitive information, known as Critical
Energy Infrastructure Information (CEII), MAPP is requiring a Non-Disclosure Agreement to be signed by
all participating utilities; and
WHEREAS, the Non-Disclosure Agreement has been reviewed by the city’s Legal
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Non-Disclosure Agreement between the City
of Grand Island and Mid-Continent Area Power Pool (MAPP) 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 on February 26, 2008.
_____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Ray and Dianne Stahla to amend
the Park Plan for Stahla Mobile Park Located in the 2200 Block of
South Engleman Road
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: February 26, 2008
Subject: Request of Ray and Dianne Stahla to Amend the Park
Plan for Stahla Mobile Park located in the 2200 Block of
South Engleman Road
Item #’s: H-1
Presenter(s): Craig Lewis , Building Department Director
Background
This is a request to modify the park plan for Stahla Mobile Home Park. This park has
been in existence for a number of years and was modified by the City Council on
September 13, 2005 to include the addition of six recreational vehicle sites. The park
currently has approval for a total of nine recreational vehicle sites.
Section 21-6 of the Grand Island City Code provides that parks may have spaces for
recreational vehicles provided that such spaces are identified on the park plan and that
such spaces do not exceed twenty percent of the total number of spaces provided in the
park. Any revisions, modifications, or additions to the park plan must be reviewed and
approved by the City Council.
Discussion
This request is to modify two existing manufactured home sites lot numbers 50 and 61.
The modification would allow for one additional recreational vehicle on lot 50 and create
one new recreational vehicle space on lot 61, bringing the total recreational vehicle sites
in the park to eleven. The City Code allows for not more than 20 % of the spaces in the
park to be recreational vehicle sites, with the total spaces provided at 61 and 20% of that
number being 12 the proposal would comply with the maximum number allowed in the
code.
City Code section 21-18 allowing recreational vehicle sites, requires a minimum of 1,500
square feet of space for each recreational vehicle site, a minimum site width of 30’, a
setback between vehicles of 12’, a setback to the site boundary of 5’, and one hard
surfaced vehicle parking pad of 180 square feet for a passenger vehicle.
Utility services to these proposed sites will be provided as a central meter billed to the
Park as with previous recreational vehicle spaces. The existing water, sewer and electrical
services to the proposed site will need to be modified to accommodate the new spaces.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Disapprove or /Deny the request.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the request to allow the
additional recreational vehicle sites proposed within the existing park. As weather
conditions are not currently favorable for the installation of a parking pad, staff
recommends approval with the condition that the required parking pad be completed by
April 15, 2008.
Sample Motion
Move to approve the request to modify the park plan as presented for Stahla Mobile
Home Park with the condition that required parking be completed by April15, 2008.
Item I1
#2008-74 - Consideration of Request from AYR, Inc. dba El Toro
Mexican Restaurant, 3425 West State Street for an Addition to
their Class "I-61118" Liquor License
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-74
WHEREAS, an application was filed by AYR, Inc., doing business as El Toro Mexican
Restaurant, 3425 West State Street for an addition to their Class "I-61118" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on February 16, 2008; such publication cost being $16.47; and
WHEREAS, a public hearing was held on February 26, 2008, for the purpose of discussing
such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2008-75 - Consideration of Economic Development Incentive
Agreement with Hastings Foods LLC
Tuesday, February 26, 2008
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: February 26, 2008
Subject: Approving Economic Development Incentive Agreement
with Hastings Foods LLC
Item #’s: I-2
Presenter(s): Dale M. Shotkoski, City Attorney
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the city to extend economic development incentives through the Grand
Island Economic Development Corporation. The Economic Development Corporation
has received an application from Hastings Foods, LLC, to expand the Hastings facility to
the Grand Island area.
Discussion
Hastings Foods, LLC has submitted an application (attached) for economic development
incentives that would create 35 new full time employee (FTE) positions at $2,000 per job
for a maximum assistance of $70,000. Hastings Foods states in its application that it
intends to expand its current facility in Hastings, Nebraska to the Grand Island area.
Hastings Foods is a meat processing plant that custom produces products primarily for
export of Japan. They have entered into a (10) year lease for a building being built at
3321 Island Circle in Grand Island. The proposed date for commencing operations at that
location is April 1, 2008.
The application of Hastings Foods, LLC meets all the criteria for extending economic
incentives and has been approved by the Executive Board of the Economic Development
Corporation and by the Citizens Review Committee. Both the Economic Development
Corporation Executive Board and the Citizens Review Committee have approved this
application and is now being forwarded to the City Council for final consideration.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Economic Development Agreement with Hastings
Foods, LLC.
2. Do not approve the Economic Development Agreement with Hastings Foods,
LLC.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
city to enter into the Economic Development Agreement with Hastings Foods, LLC.
Sample Motion
Move to approve the resolution authorizing the city to enter into the Economic
Development Agreement in the amount of $70,000 with Hastings Foods, LLC.
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-75
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, Hastings Foods, LLC, has applied for a forgivable loan for job incentive and
infrastructure in the amount of $70,000.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of the
Economic Development Corporation and was approved on February 19, 2008 by the Citizens Advisory
Review Committee; and
WHEREAS, Hastings Foods, LLC will be required to meet or exceed employment
numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the
economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to Hastings Foods, LLC as provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and Hastings Foods, LLC,
to provide $70,000.00 in economic assistance to Hastings Foods, LLC, to be used for expanding its
business at 3321 Island Circle in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Item I3
#2008-76 - Consideration of Economic Development Incentive
Agreement with Nova-Tech, Inc.
Tuesday, February 26, 2008
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: February 26, 2008
Subject: Approving Economic Development Incentive Agreement
with Nova-Tech, Inc.
Item #’s: I-3
Presenter(s): Dale M. Shotkoski, City Attorney
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the city to extend economic development incentives through the Grand
Island Economic Development Corporation. The Economic Development Corporation
has received an application from Nova-Tech, Inc. to construct a new facility to permit the
expansion of their current business.
Discussion
Nova-Tech, Inc. has submitted an application (attached) for economic development
incentives that would create 30 new full time employee (FTE) positions at $2,000 per job
for a maximum assistance of $60,000 and $100,000 to offset infrastructure costs related
to a new manufacturing corporate headquarters. Nova-Tech states in its application that it
intends to expand their FDA Registered Device manufacturing facility which began as an
animal blood collection and sterile serum facility. In 2000 they added the FDA Drug
registration and are now focused on the aseptic fill of large volume and small volume
sterile injectables, specifically fluids, minerals and vitamin products custom
manufactured for Animal Health Distributors The y propose to be fully operational in no
less than 1 – 1.5 years.
The application of Nova-Tech, Inc. meets all the criteria for extending economic
incentives and has been approved by the Executive Board of the Economic Development
Corporation and by the Citizens Review Committee. Both the Economic Development
Corporation Executive Board and the Citizens Review Committee have approved this
application and is now being forwarded to the City Council for final consideration.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Economic Development Agreement with Nova-Tech,
Inc.
2. Do not approve the Economic Development Agreement with Nova-Tech, Inc.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
city to enter into the Economic Development Agreement with Nova-Tech, Inc.
Sample Motion
Move to approve the resolution authorizing the city to enter into the Economic
Development Agreement in the amount of $160,000 with Nova-Tech, Inc.
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-76
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, Nova-Tech, Inc., has applied for a forgivable loan for job incentive in the
amount of $60,000.00 and $100,000.00 towards infrastructure from the Grand Island Area Economic
Development Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of the
Economic Development Corporation and was approved on February 19, 2008 by the Citizens Advisory
Review Committee; and
WHEREAS, Nova-Tech, Inc. will be required to meet or exceed employment numbers and
employee salary levels as outlined in the Economic Development Agreement to retain all of the economic
incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to Nova-Tech, Inc. as provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and Nova-Tech, Inc., to
provide $160,000.00 in economic assistance to Nova-Tech, Inc., to be used for expanding its business at
1982 East Citation Way in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Item I4
#2008-77 - Consideration of Resolution of Intent to Finance
Mercury Emissions Control Project at Platte Generating Station
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: February 26, 2008
Subject: Approving Intent to Issue Bonds to Finance Mercury
Emissions Control Project at Platte Generating Station
Item #’s: I-4
Presenter(s): Dave Springer, Finance Director
Background
At the time the Mercury Emissions Control project was approved, it was the intent to pay
cash at the start, but to finance the major portion, or at least 80%, of the construction
through the issuance of tax-exempt bonds. As we ha ve entered the design phase and
rough costs have become more quantifiable, the total project cost has dropped from over
$30 million to the mid $20 million range. The very significant drop in interest rates
recently, would make it desirable to bond a larger portion of the project, but would still
be a lower amount of debt than originally planned. We would probably look for bond
issuance in mid-summer or early fall of this year.
Discussion
The purpose of the Resolution of Intent before council this evening is simply to meet
U.S. Treasury requirements which would allow the City to go back to the effective date
of this resolution and reimburse itself for costs incurred during that time from bond
proceeds. The sizing of the bond issue has not yet been finalized, but the net funding of
the construction account is not planned to exceed $25 million. This would allow us to
keep our financing options open on a project for which federal agencies are still making
revisions to the requirements. As a point of reference, bonds of $20 million at 4%, 20
year life, would require about $1.5 million a year in debt service, a very manageable
amount for the Electric Utility.
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 Resolution of Intent to
issue bonds.
Sample Motion
Move to approve the Resolution of Intent to issue bonds to finance the Electric Utility
Mercury Emission Control project.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-77
WHEREAS, the Mayor and the City Council of the City of Grand Island hereby find and
determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on
behalf of the City; and; and
WHEREAS, the City’s reasonable expectations to reimburse certain expenditures with the
proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as
described below; and
WHEREAS, this resolution shall stand as a statement of the City’s official intent under
Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the
following information is hereby given:
1. A general functional description of the project for which expenditures may be
made and reimbursement from bond proceeds provided is as follows:
Certain capital improvements to the City’s Electric System, including improvements
related to and necessary for compliance with the Federal Government mercury
related regulations and other costs related thereto.
2. The maximum principal amount of debt expected to be issued for such project is
Twenty Five Million Dollars ($25,000,000.00).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the intent to finance Mercury Emissions Control
Project at the Platte Generating Station with tax exempt issued bonds is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I5
#2008-78 - Consideration of Resolution of Intent to Issue Tax-
Exempt Industrial Development Revenue Bonds for Microgy
Grand Island, LLC
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Council Agenda Memo
From: Dave Springer, Finance Director
Meeting: February 26, 2008
Subject: Approving Intent to Issue Tax-Exempt Industrial
Development Revenue Bonds for Microgy Grand Island,
LLC
Item #’s: I-5
Presenter(s): Dave Springer, Finance Director
Background
As authorized by Nebraska statutes, the City of Grand Island is empowered to issue its
industrial development revenue bonds for the purpose of defraying the cost of
acquisition, construction and equipping of a project. Microgy Grand Island, LLC, has
requested the City to issue and sell tax-exempt bonds not to exceed $7,000,000 pursuant
to this statute for the purpose of defraying all or a portion of the cost of acquisition,
construction and equipping of certain solid waste disposal and biogas manufacturing
facilities to be operated by Microgy at the Swift & Company beef processing facility in
Grand Island.
Discussion
The growth in production and processing over the last four years at the Swift & Company
plant has put a strain on the City’s Waste Water Treatment Plant (WWTP) and taken
capacity originally intended for the City’s growth. The proposed Microgy facility,
together with an additional holding pond, currently under construction at Swift, are
intended to help reduce the flow and the solids content to our WWTP and provide an
environmental friendly generation of biogas to be used in their facility. The Microgy
facility meets the criteria for the issuance of these Industrial Development Revenue
Bonds. These would be limited obligations of the City payable solely from payments
made by the Company under a lease agreement with the City and will not constitute a
liability to the City, nor would they be payable from any tax source.
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 Resolution of Intent to
issue bonds.
Sample Motion
Move to approve the Resolution of Intent to issue Tax-Exempt Industrial Development
Revenue Bonds to finance the Microgy Grand Island, LLC facility.
Approved as to Form ¤ ___________
February 21, 2008 ¤ City Attorney
R E S O L U T I O N 2008-78
WHEREAS, the City of Grand Island, Nebraska, (the “City”), a political subdivision of the
State of Nebraska, is authorized and empowered by the provisions of Sections 13-1101 to 13-1110,
Reissue Revised Statutes of Nebraska, 1997, as amended (the “Act”), to finance a project, as that term is
defined in the Act, and to issue its industrial development revenue bonds (the “Bonds”) for the purpose of
defraying the cost of acquisition, construction and equipping of a project; and
WHEREAS, Microgy, Inc., a Colorado corporation (the “Company”), has requested the
City to issue and sell one or more series of its tax-exempt Bonds pursuant to provisions of the Act for
purpose of defraying all or a portion of the cost of acquisition, construction and equipping of certain
industrial solid waste disposal and biogas manufacturing facilities at the Swift & Company beef processing
facility located at 555 South Stuhr Road, Grand Island, Nebraska, 68801-8533, which facilities are
industrial and manufacturing facilities constituting a “project” as that term is defined in the Act (the
“Project”); and
WHEREAS, the Bonds, if and when issued, will be limited obligations of the City payable
solely from payments to be made by the Company under a lease agreement with the City and the Bonds
and the interest thereon will not constitute or give rise to a pecuniary liability of or a charge against the
general credit or taxing powers of the City and will not be payable from any tax sources; and
WHEREAS, the City wishes to declare its intention to authorize the issuance in one or more
series pursuant to a plan of financing of its tax-exempt Bonds for the purpose of defraying all or a portion of
the cost of acquisition, construction and equipping of the Project, when so requested by the Company, upon
such terms and conditions as may then be agreed upon by the City, the Company and the underwriter or
placement agent of the Bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City does hereby declare its intention to
authorize the issuance and sale of the Bonds in one or more series, the interest on which Bonds will be
excluded from gross income for federal income tax purposes pursuant to Section 142(a)(6) of the Internal
Revenue Code of 1986, as amended, under and in accordance with the Act, in such an amount necessary
to defray all or a portion of the cost (including the reimbursement of Project costs previously incurred by the
Company) of acquisition, construction and equipping of the Project, presently estimated not to exceed
$6,000,000.00, and upon such terms and conditions as may be mutually agreed upon by the City, the
Company and the underwriter or placement agent, the issuance and sale of each series of such tax-exempt
Bonds to be authorized by a subsequent ordinance or resolution of the City Council of the City at a meeting
to be held for such purpose.
BE IT FURTHER RESOLVED that the City shall cooperate with and assist the
- 2 -
Company, its representatives and bond counsel in obtaining an allocation of private activity bond issuing
authority for the proposed Bonds from the State of Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
- 3 -
CERTIFICATE OF CITY CLERK
I, RaNae Edwards, being first duly sworn, do hereby depose and certify that I am the duly
appointed, qualified and acting City Clerk of the City of Grand Island, State of Nebraska; that, as such, I
have in my possession, or have access to, the complete corporate records of said City and of its City
Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid
corporate records; and that said transcript hereto attached is a true, correct and complete copy of all of the
corporate records showing the action taken by the City Council of said City at a meeting open to the public
on February 26, 2008, relating to an intent resolution for an issue of industrial development revenue bonds
by the City on behalf of Microgy, Inc.
WITNESS my hand and the Corporate Seal of said City hereto affixed in Grand Island, Nebraska,
this 26th day of February, 2008.
_________________________________________
RaNae Edwards, City Clerk
Item I6
#2008-79 - Consideration of Model Ordinance for Smoking Ban
Tuesday, February 26, 2008
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: February 26, 2008
Subject: Proposed Smoking Ban Ordinance
Item #’s: I-6
Presenter(s): Dale M. Shotkoski, City Attorney
Background
On February 12, 2008, the City Council for the City of Grand Island voted in Resolution
2008-55 to put on the ballot at the next general election, the issue of a smoking ban.
Resolution 2008-55 during its discussion before council, had considerations for a model
ordinance that had been prepared and placed on file with the Grand Island City Clerk,
which model ordinance served as the basis of discussion, and has considered the model
for a smoking ban if one was to be adopted in the City of Grand Island. The model
ordinance that had been prepared was based upon the Lincoln Smoking Ban Ordinance
that had been adopted and put into place. One addition to the Lincoln ordinance was
language containing a ten foot arc around entrances and exits to all places in which
smoking would be prohibited. The Nebraska State Legislature has been considering
Legislative Bill 395 for a state wide smoking ban. LB 395 contains in it some definitional
sections that add clarification to the model ordinance.
Discussion
Since the meeting of February 12, 2008, the Nebraska Legislature has yet to take final
action on LB 395, however, the definitional sections contained in that bill have not as of
present been amended in the following particulars. The sections of concern to the City of
Grand Island council members expressing their desire to amend the model ordinance
have centered on the definition of “indoor area” and the inclusion of the private residence
that provides daycare as defined in LB 395. The model ordinance that had been placed on
file with the City Clerk prior to the meeting of February 12, 2008, has been amended to
include the definitional sections contained in LB 395 and is attached to this memo. The
item before council for consideration is not a reconsideration of placing the question on
the ballot as has been previously approved, but only the consideration of the language
that the City Council wishes to include in the model ordinance to provide voters the
clarification needed to assist them in understanding what they are voting on at the
election.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the model ordinance with the amendments included.
2. Move to deny the model ordinance with the amendments included.
3. Move to amend the model ordinance as council desires.
4. Postpone the issue to a future date.
Recommendation
It is recommended that council approve the model ordinance with the amendments
included.
Sample Motion
Move to approve the Resolution to adopt the model ordinance as the language for a
Grand Island smoking ban should the ballot measure approved in Resolution No. 2008-55
be approved by a majority of voters at the next general primary election.
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
ORDINANCE NO. ____
An ordinance to create Chapter 39 of the Grand Island City Code to ban smoking
in all businesses, bars, restaurants and public places in the City of Grand Island ; to repeal any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Chapter 39 of the Grand Island City Code shall read as
follows:
§39.1 Title
This section shall be known as the Grand Island Smoking Regulation Act.
§39.2 Purpose
The City Council does hereby declare it to be the public policy of this City to encourage places of
employment and public places to reduce the health and safety risks posed by smoking in places of employment
and public places. The City Council authorizes the Health Director of the Central District Health Department
and law enforcement to administer and enforce this Section within the City of Grand Island.
§39.3 Definitions; General Provisions.
For the purposes of this Section, the following words and phrases shall have the meaning ascribed to them
by this Section.
Employed. Employed shall mean hired, contracted, subcontracted, or otherwise engaged to furnis h goods or
services.
Employee. Employee shall mean a person who is employed by an employer in consideration for direct or
indirect monetary wage(s), profit, or other remuneration.
Employer, Employer shall mean a person, nonprofit entity, sole proprietorship, partnership, joint venture,
corporation, limited partnership, limited liability company, co-op, firm, trust, association, organization, or other
business entity formed for profit -making purposes, including retail establishments, where goods or services are
sold, who employs one or more employees.
Guestroom or Suite. Guestroom or suite shall mean sleeping rooms and directly associated private areas,
such as bathrooms, living rooms, and kitchen areas, if any, rented to the public for their exclusive transient
occupancy including, but not limited to, guestrooms or suites in hotels, motels, inns, lodges, or other such
establishments.
Health Director. Health Director shall mean the Director of the Central District Health Department or
authorized representative(s).
Indoor Area. Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are
continuous and solid except for closeable entry and exit doors and windows and in which less than twenty
percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height,
only the first eight feet shall be used in determining such percentage.
International No-Smoking Symbol. International no-smoking symbol shall mean a pictorial representation of
a burning cigarette enclosed in a red circle with a red bar across it.
Place of Employment. Place of employment means an indoor area under the control of a proprietor that an
employee accesses as part of his or her employment without regard to whether the employee is present or work
ORDINANCE NO. ______ (Cont.)
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is occurring at any given time. The indoor area includes, but is not limited to, any work are, employee
breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private
residence is a place of employment when such residence is being used as a licensed child care program and one
or more children who are not occupants of such residence are present.
Proprietor. Proprietor shall mean any employer, owner, operator, supervisor, manager or any other person
who controls, governs, or directs the activities in a place of employment or public place.
Public Place. Public place shall mean an indoor area to which the public is invited or in which the public is
permitted, whether or not the public is always invited or permitted and shall also include a ten (10) foot arc by
every entrance and exit from a public place. A private residence shall not be considered a “public place.”
Smoke or Smoking. Smoke or smoking shall mean the lighting of any cigarette, cigar, or pipe; or the
possession of any lighted cigarette, cigar, or pipe, regardless of its composition.
§39.4 Smoking Prohibited; Exceptions
It shall be unlawful for any person to smoke in a place of employment or a public place, except as
designated by a proprietor pursuant to this Section.
§39.5 Proprietor to Prohibit Smoking; Exceptions
(a) It shall be unlawful for any proprietor of any place of employment or public place to allow smoking
except as follows:
(1) Guestrooms or suites, provided the following requirements are met:
(i) The number of rooms or suites designated for smoking shall be no greater than 20% of the
total number of guestrooms or suites.
(ii) Each guestroom or suite where smoking is allowed shall have a permanent sign posted
containing the words “smoking allowed” on each entrance.
(2) As part of a study conducting research into the health effects of smoking in a scientific or
analytical laboratory either governed by state or federal law or at a college or university approved by
the Nebraska Coordinating Commission for Post Secondary Education. The proprietor shall post a
temporary sign on all entrances to the laboratory indicating that smoking is being allowed for the
purposes of research.
(b) Proprietors shall conspicuously post or display required signs so that the signs are readily viewable by
employees and the public.
(c) This section shall not be interpreted or construed to permit smoking where smoking is otherwise
restricted by other applicable laws.
§39.6 Enforcement
The Health Director and law enforcement agencies are hereby authorized to inspect a place of employment
or public place at any reasonable time to determine compliance with this Section.
§39.7 Violations and Penalties
(a) A person who smokes in a place of employment or a public place in violation of this section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a minimum fine of:
(1) One hundred dollars ($100) and costs for the first offense;
(2) Two hundred dollars ($200) and costs for the second offense;
(3) Five hundred dollars (500) and costs for the third and subsequent offenses.
(b) A proprietor of a place of employment or public place upon whom a duty is placed by the provisions of
this section, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any of the
provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by
a minimum fine of:
(1) One hundred dollars ($100) and costs for the first offense;
(2) Two hundred dollars ($200) and costs for the second offense;
(3) Five hundred dollars (500) and costs for the third and subsequent offenses.
(c) Each day that a violation continues to exist shall constitute a separate and distinct offense and shall be
punishable as such.
ORDINANCE NO. ______ (Cont.)
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(d) Every act or omission of whatever nature constituting a violation of any of the provisions of this section
by an officer, manager, supervisor, agent or employee of any proprietor, if said act or omission is made with the
authorization, knowledge, or approval of the proprietor, shall be deemed and held to be the act or omission of
such proprietor, and said proprietor shall be punishable in the same manner as if said act or omission had been
committed by such proprietor personally.
§39.8 Severability
Each section and subsection is hereby declared to be independent of every other section or subsection herein
and invalidity of any section or subsection herein shall not invalidate any other section or subsection there.
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: ____________________, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Approved as to Form ¤ ___________
February 22, 2008 ¤ City Attorney
R E S O L U T I O N 2008-79
WHEREAS, the City Council for the City of Grand Island, on February 12, 2008, adopted
Resolution No. 2008-55, which resolution places upon the May primary ballot, a smoking ban proposal;
and
WHEREAS, in consideration of Resolution No. 2008-55, a model ordinance had been
prepared, which model ordinance could be adopted if the majority of voters at the next general election
approve the ballot measure and said model ordinance was available for public inspection at the office of the
Grand Island City Clerk; and
WHEREAS, the Nebraska State Legislature has been considering Legislative Bill 395,
which contains language for a statewide smoking ban, some of which language clarifies the definitions of the
previously proposed model ordinance; and
WHEREAS, it is recommended that the definition of the section pertaining to “inside area”
and that the additional definition concerning residence as used as daycare be included in the model
ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA that the model ordinance previously on file with the
office of the Grand Island City Clerk, with the addition of the LB 395 definitions for “inside area” and
“place of employment” be included in the model ordinance and that the model ordinance, with the
amendments, is hereby resolved to be the proposed language of the smoking ban for the City of Grand
Island if the ballot measure approved in Resolution No. 2008-55 is approved by a majority of the voters.
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Adopted by the City Council of the City of Grand Island, Nebraska, February 26, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of February 13, 2008
through February 26, 2008
The Claims for the period of February 13, 2008 through February 26, 2008 for a total
amount of $2,725,858.51. A MOTION is in order.
Tuesday, February 26, 2008
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council