09-28-2010 City Council Regular Meeting PacketCity of Grand Island
Tuesday, September 28, 2010
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
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity 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
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Proclamation "Public Power Week" October 3-9, 2010
Since 1907, the City of Grand Island Utilities Department has provided low-cost, safe and
reliable electricity to the community of Grand Island. This community-owned, locally
controlled, not-for-profit electric utility serves our community in a dependable and
trustworthy way. The Mayor would like to recognize the City of Grand Island Utilities
Department for the contributions they make to our community by proclaiming October 3-9,
2010 as "Public Power Week". See attached PROCLAMATION.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item E1
Public Hearing on Request from Rezac Enterprizes, Inc. dba Tiki
Lounge, 3333 Ramada Road for a Class "C" Liquor License
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 28, 2010
Subject: Public Hearing on Request from Rezac Enterprizes, Inc.
dba Tiki Lounge, 3333 Ramada Road for a Class “C”
Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road has submitted an
application for a Class “C” Liquor License. A Class “C” Liquor License allows for the
sale of alcohol, on and off sale inside the corporate limits of the city.
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, Health, and Police Departments.
The Police Department report recommends that the Council not give local approval to
this license based on the fact that the applicant’s spouse, Richard Rezac listed a “Fed
Felony” conviction which is ineligible under Nebraska State Statute Section 53-125 (13):
No license of any kind shall be issued to... (13) except as provided in this
subdivision, an applicant whose spouse is ineligible under this section to
receive and hold a liquor license. Such applicant shall become eligible for
a liquor license only if the commission finds from the evidence that the
public interest will not be infringed upon if such license is granted. It shall
be prima facie evidence that when a spouse is ineligible to receive a liquor
license the applicant is also ineligible to receive a liquor license. Such
prima facie evidence shall be overcome if it is shown to the satisfaction of
the commission (a) tha t the licensed business will be the sole property of
the applicant and (b) that such licensed premises will be properly operated.
Also submitted with this application was a Liquor Manger Designation request from
Jackie Rezac, 1512 E. Stolley Park Road.
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 denial of Liquor
Licenses, City Administration recommends that the Council deny this application.
Sample Motion
Move to deny the application for Rezac Engerprizes, Inc. dba Tiki Lounge, 3333 Ramada
Road for a Class “C” Liquor License based on the Police Department Report that the
Council not give local approval to this license based on the fact that the applicant’s
spouse, Richard Rezac listed a “Fed Felony” conviction which is ineligible under
Nebraska State Statute Section 53-125 (13):
No license of any kind shall be issued to... (13) except as provided in this
subdivision, an applicant whose spouse is ineligible under this section to
receive and hold a liquor license. Such applicant shall become eligible for
a liquor license only if the commission finds from the evidence that the
public interest will not be infringed upon if such license is granted. It shall
be prima facie evidence that when a spouse is ineligible to receive a liquor
license the applicant is also ineligible to receive a liquor license. Such
prima facie evidence shall be overcome if it is shown to the satisfaction of
the commission (a) that the licensed business will be the sole property of
the applicant and (b) that such licensed premises will be properly operated.
09/20/10 Grand Island Police Department 450
09:15 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 11:43:36 08/31/2010
Occurred before : 11:43:36 08/31/2010
When reported : 11:43:36 08/31/2010
Date disposition declared : 08/31/2010
Incident number : L10084833
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 3333 Ramada Rd
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 14250
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
NM 39596 09/14/10 Rezac, Richard D Owner's Spouse
NM 40199 09/14/10 Rezac, Jacqueline A Owner
NM 143907 09/14/10 Tiki Lounge, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I received a copy of a Class C Liquor License Application from the Tiki Lounge
and a Liquor Manager Application from Jackie Rezac.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
09/20/10 Grand Island Police Department 450
09:15 LAW INCIDENT TABLE Page: 2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 15:48:24 09/14/2010
09/20/10 Grand Island Police Department 450
09:15 LAW INCIDENT TABLE Page: 3
318
Grand Island Police Department
Supplemental Report
Date, Time: Tue Sep 14 15:48:42 CDT 2010
Reporting Officer: Vitera
Unit- CID
The Tiki Lounge is located inside the Howard Johnson Riverside Inn. Stratford
Plaza had a Class C liquor license for the Tiki Lounge since 11/16/04.
According to the Nebraska Liquor Control Commission's (NLCC) website, it appears
that Stratford Plaza's license was cancelled on 8/25/10 after having some
alcohol violations (looks like it was reinstated because the applicant filed a
Temporary Operating Permit which allows her to work off of the old license).
Jackie Rezac's company, "Rezac Enterprizes," wants to operate the Tiki Lounge
and have a Class C and Class K (catering) license.
According to her applications, Jackie is married to Richard Rezac, and they have
lived in Grand Island since 1989. Part of the application asks about
convictions. Jackie disclosed a couple of traffic convictions and a DUI.
Richard disclosed a traffic conviction and a conviction for "taking football
bets" in 1988. He listed this conviction as a "Fed Felony." I checked Richard
and Jackie through Spillman (local GIPD files). Richard didn't have any
convictions listed. Jackie had a citation for a traffic sign violation. I also
checked the Rezac's through NCJIS (Nebraska State files). Richard had an
undisclosed conviction for failing to vaccinate a pet. Jackie did not have any
undisclosed violations.
At this time, I have not verified Richard's disclosure of a felony conviction as
I am unable to run criminal history (national) checks on liquor license
investigations. However, according to Nebraska State Statute 53-125 (13),
Jackie is ineligible to receive a liquor license since Richard is ineligible.
The NLCC can make Jackie eligible if they find that by granting her a license it
wouldn't be contrary to the interest of the public. 53-125 (13) is copied
below:
No license of any kind shall be issued to... (13) except as provided in this
subdivision, an applicant whose spouse is ineligible under this section to
receive and hold a liquor license. Such applicant shall become eligible for a
liquor license only if the commission finds from the evidence that the public
interest will not be infringed upon if such license is granted. It shall be
prima facie evidence that when a spouse is ineligible to receive a liquor
license the applicant is also ineligible to receive a liquor license. Such prima
facie evidence shall be overcome if it is shown to the satisfaction of the
commission (a) that the licensed business will be the sole property of the
applicant and (b) that such licensed premises will be properly operated.
The Grand Island Police Department recommends that the Council not give local
approval to this license because at this point of the application process, the
applicant is not eligible to receive a license. In addition, even though
Richard signed a Spousal Affidavit of Non-Participation, it is almost impossible
to abide by and enforce. The spousal also doesn't automatically make Jackie
eligible for a license. The terms of the non-participation agreement require
that Richard not only have nothing to do with the day-to-day operation of the
bar, he is not supposed to directly or indirectly profit from the bar. If she
buys anything or shares anything with Richard that has been purchased with money
made from the bar business, the agreement is violated.
Richard's involvement with the bar also comes into question just by looking at
Jackie's application. The lease agreement between Rezac Enterprizes and the
Howard Johnson Riverside Inn dictates the terms and conditions for Jackie to
operate the Tiki Lounge. If Rezac Enterprises (Jackie) doesn't get a liquor
license, she can back out of the lease agreement without penalty. However,
if she gets the license and the lease agreement is in effect, "Dick Rezac and
Jackie Rezac agree to execute a promissory note in favor of Landlord in the sum
of Five Thousand Dollars ($5,000.00) to operate as a security deposit." It
appears that he has already declared his intention to have some sort of
participation in the bar.
According to the Grand Island Independent, "Dick" Rezac spoke in front of the
Grand Island City Council on 9/14/10. He argued that bars in Grand Island
should have the opportunity to stay open until 2:00 AM. The article states that
Dick works for a gaming business that works with bars. Richard's occupation and
involvement with bars makes the non-participation agreement even more important,
but it's still next to impossible to abide by and enforce even if Richard has
the best intentions. Should the NLCC ultimately approve the license, we would
recommend a restriction placed on the license that excludes Richard Rezac from
the establishment.
Item E2
Public Hearing Concerning Acquisition of Utility Easement - South
of Capital Avenue and West of Lynn Lane in Merrick County -
Joel Leetch & Janet Stryker
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: September 28, 2010
Subject: Acquisition of Utility Easement – South of Capital Avenue
and West of Lynn Lane in Merrick County – Joel Leetch
and Janet Stryker
Item #’s: E-2 & G-8
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Joel A.
Leetch and Janet Stryker, located south of Capital Avenue and west of Lynn Lane , Merrick
County, in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers. The property owners are in the process of constructing a
new home.
Discussion
This easement will be used to place primary underground electric conduit, cable, and a pad-
mounted transformer to provide electrical service to the new home.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E3
Public Hearing Concerning Acquisition of Utility Easement - 2210
North Webb Road - James & Barbara Wiltgen
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: September 28, 2010
Subject: Acquisition of Utility Easement – 2210 North Webb Road -
James & Barbara Wiltgen
Item #’s: E-3 & G-9
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of James and
Barbara Wiltgen, located at the northwest corner of Webb Road and College Street – 2210
North Webb Road, in the City of Grand Island, Hall County, in order to have access to
install, upgrade, maintain, and repair power appurtenances, including lines and transformers.
Taco John’s is constructing a new restaurant at this location.
Discussion
This easement will be used to place primary electrical conduit, cable and a pad-mounted
three phase transformer to provide electrical service to the new building.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E4
Public Hearing on the Semi-Annual Report by the Citizens’ Review
Committee on the Economic Development Program Plan
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: September 28, 2010
Subject: Public Hearing Concerning the Semi-Annual Report by
the Citizen’s Review Committee on the Economic
Development Program Plan
Item #’s: E-4 & G-7
Presenter(s): Jeff Pederson, City Administrator
Mark Stelk, Chairman,
Citizen’s Advisory Review Committee
Background
The voters of the City of Grand Island approved an economic development plan at the
May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that
establishes the economic development plan and a Citizens’ Advisory Review Committee
to oversee the process of approving applications for economic development incentives.
The Citizens Advisory Review Committee is required by State Statute and the Grand
Island City Code to make a semi-annual report to the City Council.
Discussion
The Citizens Advisory Review Committee has been conducting regular meetings during
the last six months as required by the City Code and the Nebraska Statutes. The
committee looks forward to receiving and reviewing meritorious applications for
consideration in the future. The committee received the semi-annual report from the
Economic Development Corporation at its meeting of September 14, 2010, and voted to
forward it on to the City Council for its review and acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Accept the semi-annual report of the Citizens’ Advisory Review Committee.
2. Do not accept the semi-annual report of the Citizens’ Advisory Review
Committee.
Recommendation
City Administration recommends that the Council accept the semi-annual report of the
Citizens’ Advisory Review Committee.
Sample Motion
Move to accept the semi-annual report of the Citizens’ Advisory Review Committee.
Item F1
#9278 - Consideration of Amending Ordinance No. 9141 for
Sidewalk District No. 1, 2007
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 28, 2010
Subject: Amending Ordinance No. 9141 for Sidewalk District No.
1, 2007
Item #’s: F-1
Presenter(s): Steven P. Riehle, Public Works Director
Background
On September 25, 2007 City Council approved Ordinance No. 9141, which created
Sidewalk District No. 1, 2007. Property owners at 519 & 523 E 14th Street, which are in
Sidewalk District No. 1, 2007, have requested their two (2) lots be removed from the
District, as they are on a dead end street that leads to the overhead railway. Council
action is necessary to make any amendments to an Ordinance.
Discussion
All locations included in Sidewalk District No. 1, 2007, except 519 & 523 E 14th Street;
706 Kennedy Drive; and 424 E 14th Street have sidewalk installed. In order to final this
project and assess the properties involved, a resolution needs to be reached as to whether
the property at 519 & 523 E 14th Street will be removed from the District or if the
sidewalk will be built.
Public Works Administration supports the request to remove the properties at 519 & 523
E 14th Street from the ordinance because the street is a dead end street that ends at the
elevated Burlington Northern Santa Fe railroad tracks and constructing this sidewalk
serves no public purpose because it only serves their property.
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
Public Works Administration recommends that the Council amend Ordinance No. 9141
to remove the property at 519 E 14th Street and 523 E 14th Street from Sidewalk District
No. 1, 2007.
Sample Motion
Move to approve amendment of Ordinance No. 9141.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
ORDINANCE NO. 9278
An ordinance to amend Ordinance No. 9141; to repeal any ordinance or parts of
ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance.
WHEREAS, City Council has approved removing 519 E 14th Street and 523 E
14th Street from Sidewalk District No. 1, 2007.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. 519 E 14th Street and 523 E 14th Street are hereby removed from
Sidewalk District No. 1, 2007.
SECTION 2. The district where sidewalks shall be constructed shall include the
following lots and parcels of ground:
ADDRESS LEGAL DESCRIPTION
507 E 13th St Lot 4, Block 65, Wheeler & Bennett’s 2nd Addition
511 E 13th St Lot 3, Block 65, Wheeler & Bennett’s 2nd Addition
515 E 13th St Lots 1 & 2, Block 65, Wheeler & Bennett’s 2nd Addition
412 E 14th St Lot 8, Block 78, Wheeler & Bennett’s 3rd Addition
424 E 14th St Lot 10, Block 78, Wheeler & Bennett’s 3rd Addition
504 E 14th St Lot 6, Block 79, Wheeler & Bennett’s 3rd Addition
507 E 14th St Lot 4, Block 66, Wheeler & Bennett’s 2nd Addition
304 E 16th St Lot 6, Block 91, Wheeler & Bennett’s 4th Addition
667 Bischeld St Lot 1, Block 9, Meves 1st Addition
2224 S Blaine St Lot 1, Elmer’s Subdivision
2226 S Blaine St Lot 2, Elmer’s Subdivision, an addition to the City of Grand
Island, Hall County, Nebraska, excepting therefrom a tract
conveyed to the City of Grand Island by warranty deed recorded
as Document NO. 88-101716
2305 S Blaine St Lots 31 & 33, Block C, Parkview Subdivision
2315 S Blaine St Lots 32 & 34, Block C, Parkview Subdivision
2409 S Blaine St Lot 40, Block D, Parkview Subdivision
ORDINANCE NO. 9278 (Cont.)
- 2 -
2410 S Blaine St A tract of land comprising a part of the West Half of the
Northeast Quarter (W1/2NE1/4) of Section Twenty-Nine (29),
Township Eleven (11) North, Range Nine (9) West of the 6th
p.m., in Hall County, Nebraska, more particularly described as
follows: Beginning at a point on the east line of said West Half
of the Northeast Quarter (W1/2NE1/4), said point being One
Thousand Three Hundred Twenty-Five and Seven Tenths
(1,325.7) feet west and One Thousand Three Hundred Twenty-
One and Five Tenths (1,321.5) feet south of the northeast corner
of said Section Twenty-Nine (29); thence running westerly and
parallel to the north line of said West Half of the Northeast
Quarter (W1/2NE1/4), a distance of Four Hundred Twenty-
Eight (428.0) feet; thence southerly parallel to the east line of
said West Half of the Northeast Quarter (W1/2NE1/4), a
distance of Six Hundred Nine and Fifty-Five Hundredths
(609.55) feet; thence easterly, a distance of Four Hundred
Twenty-Eight (428.0) feet, to a point on the east line of said
West Half of the Northeast Quarter (W1/2NE1/4); thence
northerly along the east line of said West Half of the Northeast
Quarter (W1/2NE1/4), a distance of Six Hundred Ten and
Seven Tenths (610.7) feet to the place of beginning and
containing 5.995 acres, more or less.
4177 W Capital Ave The easterly Eighty Eight and Ninety Four Hundredths (88.94)
feet of Lot Two (2) and the westerly Nineteen and Seventy
Hundredths (19.70) feet of Lot Three (3) in Sunset Subdivision,
in the North Half of the Northeast Quarter (N1/2NE1/4) of
Section Eleven (11), Township Eleven (11) North, Range Ten
(10), West of the 6th p.m., in Hall County, Nebraska.
230 S Cherry St Lot 5, Griesman Subdivision
234 S Cherry St Lot 4, Griesman Subdivision
238 S Cherry St Lot 3, Griesman Subdivision
246 S Cherry St Lot 1, Griesman Subdivision
250 N Darr Ave Lot 4, and the South Six (6) feet of Lot Five (5), Block 20,
Packer & Barr’s 2nd Addition
667 Groff St Lot 1, Block 10 Joehnck’s Addition
706 Kennedy Dr Lot 10, Block 1, Colonial Estates 2nd Subdivision
2104 W North Front St Lot 1, Block 13, Packer & Barr’s Addition
2117 W North Front St The Easterly One-Half (E1/2) of Lot 6, in Block Twenty (20), in
Packer & Barr’s 2nd Addition
2123 W North Front St
The West Half (W1/2) of Lot Six (6), in Block Twenty (20), in
Packer & Barr’s 2nd Addition
414 N Oak St Lot 2, Habitat for Humanity Subdivision
2526 Pioneer Ave Lot 2, Parkview 2nd Subdivision
ORDINANCE NO. 9278 (Cont.)
- 3 -
359 S Plum St The North Fifty-Four (54) Feet of Lot Twenty Two (22), in
Block One (1), in Koehler Place an addition to the City of
Grand Island, Hall County, Nebraska and also a certain part of
Lot Twenty-Two (22) in Block One (1), Koehler Place as
originally platted, more particularly described in warranty deed
recorded as Document No. 97-104819
828 Saint Paul Rd Lot 1, Nabob Subdivision – Being a part of Lot Twenty (20),
part of Lots Twenty-One (21) and Twenty Two (22) of the
County Subdivision of the West Half of the Southwest Quarter
(W1/2SW1/4) of Section Ten (10), Township Eleven (11)
North, Range Nine (9), West of the 6th p.m., Hall County,
Nebraska and in part of Lots One (1) and Two (2) and Three
(3), Block Four (4), Voitle’s Addition, all in the City of Grand
Island, Hall County, Nebraska
930 Saint Paul Rd Lot 5, Nabob Subdivision
1020 Saint Paul Rd Those portions of Lots 1, 2, 3, 4, 7, 8, and 9 of Block 33 of
Russell Wheeler’s Addition to Grand Island, Hall County,
Nebraska, lying West of Saint Paul Road and lying Easterly of a
line drawn parallel with a distance 65.0 feet Easterly, as
measure at right angles from the Westerly line of said Block 33
AND also known as a tract of land comprising all of Lots Two
(2), Three (3) and Eight (8) and a part of Lots Four (4) and
Seven (7) and that part of the vacated alley lying adjacent to
said aforementioned lots, all being in Block Thirty Three (33),
Russell Wheeler’s Addition to the City of Grand Island, Hall
County, Nebraska, more particularly described as follows:
Beginning at the point of intersection of the northwesterly line
of said Block Thirty Three (33) and the Westerly right of way
line of Saint Paul Road; thence running Southerly, along and
upon said Westerly right of way line of Saint Paul Road, a
distance of Two Hundred Eighty Nine and Forty Seven
Hundredths (289.47) feet; thence deflecting right 150 degrees
06’24’ and running northwesterly, a distance of Two Hundred
Fifty Two and Five Tenths (252.50) feet to a point on the
Northwesterly line of said Block Thirty Three (33); thence
deflecting right 90 degrees 36’49” and running Northeasterly
along and upon the northwesterly line of said Block Thirty
Three (33), a distance of One Hundred Forty Four and Twenty
Seven Hundredths (144.27) feet to the point of beginning
1804 N Webb Rd Lot 1, Conestoga North Subdivision
1812 N Webb Rd Lot 2, Conestoga North Subdivision
1816 N Webb Rd Lot 3, Conestoga North Subdivision
ORDINANCE NO. 9278 (Cont.)
- 4 -
SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 28, 2010.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of September 14, 2010 City Council Regular
Meeting
Tuesday, September 28, 2010
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
September 14, 2010
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on September 14, 2010. Notice of the meeting was given in The Grand Island
Independent on September 8, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, Zapata and
Gericke. The following City Officials were present: City Administrator Jeff Pederson, City Clerk
RaNae Edwards, Finance Director Mary Lou Brown, City Attorney Dale Shotkoski, and Public
Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Alisia Rivera and Miguel Baeza. Mayor Hornady commented on the State Fair success
and thanked all those who worked so hard to make this happen. Mayor Hornady stated this
Friday the City would recognize the funeral of 2nd Lt. Mark Nozika who gave his life in
Afghanistan. A mo ment of silence was observed by all in attendance.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Senior Corps Week” September 20-24, 2010. Mayor Hornady proclaimed the
week of September 20-24, 2010 as “Senior Corps Week”. Julie Nash was present to receive the
proclamation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Meyer, second by Nickerson, carried
unanimously to adjourn to the Board of Equalization.
#2010-BE-2 – Consideration of Determining Benefits for Business Improvement District #4,
South Locust Street from Stolley Park Road to Fonner Park Road. Mary Lou Brown, Finance
Director reported that the City Council in its’ capacity as the Board of Equalization was required
to determine the benefits for BID #4. Special assessments were for the amount of $27,966.14.
#2010-BE-3 – Consideration of Determining Benefits for Business Improvement District #6,
Second Street. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity
as the Board of Equalization was required to determine the benefits for BID #6. Special
assessments were for the amount of $32,149.62.
#2010-BE-4 – Consideration of Determining Benefits for Business Improvement District #7,
South Locust Street from Stolley Park Road to Highway 34. Mary Lou Brown, Finance Director
reported that the City Council in its’ capacity as the Board of Equalization was required to
determine the benefits for BID #7. Special assessments were for the amount of $50,026.84.
Page 2, City Council Regular Meeting, September 14, 2010 #2010-BE-5 – Consideration of Determining Benefits for Business Improvement District #8,
Downtown. Mary Lou Brown, Finance Director reported that the City Council in its’ capacity as
the Board of Equalization was required to determine the benefits for BID #8. Special
assessments were for the amount of $89,683.61. Presented were two Resolutions with a 70% and
100% assessment for owner occupied residents.
Paul Warshauer, 217 North Locust Street requested a 60% reduction on his building as he lives
in part of it and most of the rest is empty.
Motion by Meyer, second by Ramsey to approve Resolutions #2010-BE-2, #2010-BE-3, #2010-
BE-4 and #2010-BE-5 (A). Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Meyer, second by Nickerson carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Tokyo Station, Inc. dba Tokyo Station, 2425 N. Diers Avenue
for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a
Class “I” Liquor License had been received from Tokyo Station, Inc. dba Tokyo Station, 2425 N.
Diers Avenue. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on August 25, 2010;
notice to the general public of date, time, and place of hearing published on September 4, 2010;
notice to the applicant of date, time, and place of hearing mailed on August 25, 2010; along with
Chapter 4 of the City Code. Staff recommended approval. Charlie Canfield, 3221 Ponca Circle
was available for questions. No further public testimony was heard.
Public Hearing on Request from Edwin Bolanos for a Conditional Use Permit for a Go-Cart
Track Located at 613 East 4th Street. Craig Lewis, Building Department Director reported that
Edwin Bolanos had submitted an application for a conditional use permit for a go-car tract
located at 613 East 4th Street. Staff recommended approval with the following conditions: 1)
hours of operation shall be limited to 8:00 a.m. through 11:00 p.m. 2) lights, if installed should
not extend past the property line onto neighboring properties, excluding the public right-of-way
and railroad property, and 3) dust levels should be controlled such that it does not create a public
nuisance. Edwin Bolanos, 613 East 4th Street spoke in support. No further public testimony was
heard.
Public Hearing on Request from Island Landhandlers, Inc. for a Conditional Use Permit for a
Sand & Gravel Operation Located at 3812 South Blaine Street. Craig Lewis, Building
Department Director reported that Island Landhandlers, Inc. had submitted an application for a
conditional use permit for a sand and gravel operation located at 3812 South Blaine Street. Staff
recommended approval with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
Page 3, City Council Regular Meeting, September 14, 2010 not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
Neither of these operations have been requested in this application.
2). CLOSURE: A statement on the application identifies the proposed use of the property after
the closing of the sand and gravel operation as a possible residential use.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be a minimum 300 feet at the time of termination of the
operation. A setback of 100 feet from any adjacent property line, and a setback of 250 feet from
the Central Platte Natural Resources District Wood River Diversion Channel Levee property
shall be maintained between the pumping operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours
(15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No
pumping or other processing activities shall be permitted on Sundays or from fifteen minutes
after sunset to fifteen minutes before sunrise. One exception to this condition shall be in the
months of March, April, October, and November activities may operate from 6:00a.m. to
7:00p.m.to allow for winter condition.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. There is
currently along the east edge of the property a 45’ electrical easement and an existing
transmission line, no product, material or equipment shall be stored within that easement or in
such a manor that it would violate any safety provisions of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over and
across any public highway or road unless said sand and gravel is complete dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from leaking
onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational.
Page 4, City Council Regular Meeting, September 14, 2010
The following people spoke in opposition:
· Bill Hanssen, 6301 Oak Ridge, Lincoln, NE on behalf of his father Norman Hanssen,
2548 Schimmer Drive
· Richard Fruehling, 3604 South Blaine Street
· John Hanssen, 2715 South Blaine Street
· Joe Luetkenhaus, 1710 Rainbow Road
· Kathy Miller, 4015 Scheel Drive
· Scott LLeisinger, 2119 Bass Road
The following people spoke in support:
· Gerald Williams, 1505 Newcastle Road representing Island Landhandlers, Inc.
· Gordon Glade, 112 South Gunbarrel Road
No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 522 North Beal Street (Grand
Island Area Habitat for Humanity). Gary Mader, Utilities Director reported that a utility
easement was needed at 522 North Beal Street in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The easement would
be used to allow the Electric Department to legally cross Lot Two (2) with overhead power lines
(secondary) to serve Lot One (1) at the rear of a new house. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement and Agreement for Temporary Construction
Easement Located North of Old Potash Highway and East of Engleman Road (Robin & Barbara
Irvine). Gary Mader, Utilities Director reported that a utility easement and temporary
construction easement were needed north of Old Potash Highway and east of Engleman Road for
construction of Water Main District 456T. Staff recommended acquisition of the required utility
easements on the property of Robin and Barbara Irvine by proceeding with condemnation. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located Between North & Webb Roads and
between Abbott & Airport Roads (Max & Lizbeth Mader and Lloyd & Patrician Mader). Gary
Mader, Utilities Director reported that acquisition of a utility easement located between North
and Webb Roads and between Abbot and Airport Roads was needed in order for construction a
115 kV transmission interconnection to the north of the City. The negotiated price of the
easement was $60.068.02. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located Just North of Abbott Road, Between
North and Webb Roads (Max & Lizbeth Mader). Gary Mader, Utilities Director reported that
acquisition of a utility easement located just north of Abbott Road, between North and Webb
Roads was needed in order for construction a 115 kV transmission interconnection to the north
of the City. The negotiated price of the easement was $4,985.00. Staff recommended approval.
No public testimony was heard.
Public Hearing for 2010-2011 Community Revitalization CDBG Supplemental Application. Joni
Kuzma, Community Development Administrator reported that this application was for Phase 2
Page 5, City Council Regular Meeting, September 14, 2010 Community Revitalization of a Comprehensive Revitalization Strategy for low-to-moderate
income area in an amount of approximately $229,401.00. Staff recommended approval. No
public testimony was heard.
Public Hearing on Zoning Change for The Village Third Subdivision from RD – Residential
Development to Amended RD – Residential Development. Chad Nabity, Regional Planning
Director reported that the purpose of this rezoning request was to include additional properties
within the approved RD zone for The Village Third Subdivision. Very little development had
occurred since the last amendment in January of 2002, but sewer and water utilities were
extended to serve all of the planned development. Staff recommended approval. No public
testimony was heard.
Public Hearing on Amending Resolution #2010-213 for Acquisition of Sanitary Sewer Easement
in Lot One (1) of McGovern Subdivision Located at 2536 North Diers Avenue (James E. &
Carole M. Kimbrough). Steve Riehle, Public Works Director reported that property located at
2536 North Diers Avenue was approved for a sanitary sewer easement on August 10, 2010. The
easement that was approved placed the north-south section of the service at 10’ east of the west
line of Lot 2. The landowners had requested that the north-south section of the easement be
shifted 45’ eastward to facilitate construction of the private sanitary sewer service and minimize
the disturbance to the property. Staff recommended approval. No public testimony was heard.
Public Hearing on General Property, Parking District #2 (Ramp) and Community Development
Authority Tax Request. Mary Lou Brown, Finance Director reported that state statutes requires
the City to conduct a public hearing if the property tax request changes from one year to the next.
Property tax request for the general property tax was $6,527,730, Parking District No. 2 at
$8,000, and the Community Redevelopment Authority property tax at $425,000. Staff
recommended approval. No public testimony was heard.
Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking
District No. 1. Mary Lou Brown, Finance Director reported that this was the annual Council
action to establish the occupation tax for Downtown Improvement and Parking District No. 1.
FY 2010-2011 occupation tax factor was $.1630 per square foot and would provide taxes of
$39,654. Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9269 – Consideration of Approving FY 2010-2011 Annual Single City Budget, The
Annual Appropriations Bill Including Addendum #1
#9270 – Consideration of Amendments to Chapter 13 of the Grand Island City Code
Relative to Occupation Tax for Downtown Improvement and Parking District No. 1
#9271 – Consideration of Assessments for Business Improvement District #4, South
Locust Street from Stolley park Road to Fonner Park Road
#9272 – Consideration of Assessments for Business Improvement District #6, Second
Street
Page 6, City Council Regular Meeting, September 14, 2010 #9273 – Consideration of Assessments for Business Improvement District #7, South
Locust from Stolley Park Road to Highway 34
#9274 (A) – Consideration of Assessments for Business Improvement District #8,
Downtown
#9275 – Consideration of Amending Chapter 15 of the Grand Island City Code Relative
to Commercial Electric Deposit Interest Rate
#9276 – Consideration of Zoning Change for The Village Third Subdivision from RD –
Residential Development to amended RD – Residential Development
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on first reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted.
Motion by Meyer, second by Carney to approve Ordinances #9269, #9270, #9271, #9272,
#9273, #9274 (A), #9275 and #9276.
City Clerk: Ordinances #9269, #9270, #9271, #9272, #9273, #9274 (A), #9275 and #9276 on
first reading. All those in favor of the passage of these ordinances on first reading, answer roll
call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinances #9269, #9270, #9271, #9272, #9273, #9274 (A), #9275 and #9276 on
final passage. All those in favor of the passage of these ordinances on final passage, answer roll
call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9269, #9270, #9271, #9272, #9273, #9274 (A), #9275 and #9276 are declared to be
lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda items G-10, G-11 and G-19 were removed for further
discussion. Motion by Zapata, second by Nickerson to approve the Consent Agenda excluding
G- and G-. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of August 24, 2010 City Council Regular Meeting.
Approving Minutes of August 31, 2010 City Council Special Meeting.
Approving Deletion to Premise for Hall County Livestock Improvement Association dba Fonner
Park, 700 East Stolley Park Road Liquor License “CK-78819”.
#2010-238 – Approving Preliminary Plat, Final Plat and Subdivision Agreement for The Village
Fourth Subdivision. It was noted that Thayer Family LLC, owners had submitted the Preliminary
Plat, Final Plat and Subdivision Agreement for The Village Fourth Subdivision for the purpose
of creating 5 lots on a tract of land consisting of Lots 4, 5, and 7 through 29 and Outlots A and B
of The Village Third Subdivision comprising approximately 16.14 acres.
#2010-239 – Approving Final Plat and Subdivision Agreement for Medical Park Eighth
Subdivision. It was noted that Saint Francis Medical Center, owners had submitted the Final Plat
Page 7, City Council Regular Meeting, September 14, 2010 and Subdivision Agreement for Medical Park Eighth Subdivision for the purpose of creating 3
lots on a tract of land comprising a part of Lot Two (2), Medical Park Fifth Subdivision
comprising approximately 3.760 acres.
#2010-240 – Approving Acquisition of Utility Easement Located at 522 North Beal Street
(Grand Island Area Habitat for Humanity).
#2010-241 – Approving Acquisition of Utility Easement and Agreement for Temporary
Construction Easement Located North of Old Potash Highway and East of Engleman Road
(Robin & Barbara Irvine).
#2010-242 – Approving Acquisition of Utility Easement Located Between North & Webb Roads
and Between Abbott & Airport Roads (Max & Lizbeth Mader and Lloyd & Patricia Mader).
#2010-243 – Approving Acquisition of Utility Easement Just North of Abbott Road, Between
North and Webb Roads (Max & Lizbeth Mader).
#2010-246 – Approving Amending Resolution #2010-213 for Acquisition of Sanitary Sewer
Easement in Lot One (1) of McGovern Subdivision – 2536 North Diers Avenue (James E. &
Carole M. Kimbrough).
#2010-247 – Approving Bid Award for One (1) Trailer Mounted 65kW Generator for the
Wastewater Division of the Public Works Department with Winco, Inc. of Le Center, Minnesota
in an Amount of $27,425.96.
#2010-248 – Approving Addendum Number 2 for Supervisory Control and Data Acquisition
(SCADA) System with Huffman Engineering of Lincoln, Nebraska in an Amount of $37,800.00.
#2010-249 – Approving 2010-2011 Community Revitalization CDBG Supplemental
Application.
#2010-250 – Approving Victims Of Crimes act (VOCA) Grant.
#2010-251 – Approving Bid Award for Fluid Dynamics Polymer System Parts for the
Wastewater Division of the Public Works Department with Fluid Dynamics of Lansdale,
Pennsylvania in an Amount of $50,020.00.
#2010-252 – Approving Bid Award for Installation and Purchase of Equipment, Divider Curtains
and Netting at City Fieldhouse with Sport Construction Midwest of Coralville, Iowa in an
Amount of $67,985.00.
#2010-244 – Approving Boiler & Machinery Insurance – Utilities Department with Factory
Mutual Insurance Company of St. Louis, Missouri in an amount of $354,375.00. Utility Director
Gary Mader answered questions and gave reasons for purchasing terrorism insurance.
Motion by Carney, second by Zapata to approve Resolution #2010-244. Upon roll call vote, all
voted aye. Motion adopted.
Page 8, City Council Regular Meeting, September 14, 2010 #2010-245 – Approving Bid Award for Installation of Fiber Optics Cable – Contract 2010-
OPGW-IV with Schmader Electric Construction Company, Inc. of West Point, Nebraska in an
Amount of $116,583.00. Utilities Director Gary Mader explained this project was to connect
outlying City buildings with City Hall for networking capabilities. Discussion was held
regarding other areas to be connected and total project costs.
Motion by Gilbert, second by Dugan to approve Resolution #2010-245. Upon roll call vote,
Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and
Gericke voted aye. Councilmember Haase voted no. Motion adopted.
#2010-253 – Approving Renewal of Health Insurance Contracts with Regional Care, Inc. of
Scottsbluff, Nebraska. Human Resources Director Brenda Sutherland answered questions
regarding the changes due to the health care reform bill passed by Congress. Discussion was held
concerning co-pay increases, deductibles, and future costs of health insurance to the employees.
Mentioned was the $450,000 transfer from the health insurance fund in the FY 2010-2011
budget.
Motion by Gilbert, second by Ramsey to approve Resolution #2010-253. Upon roll call vote,
Councilmember’s Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Zapata, and Nickerson
voted aye. Councilmember’s Meyer and Gericke voted no. Motion adopted.
REQUEST S AND REFERRALS:
Consideration of Request from Edwin Bolanos for a Conditional Use Permit for a Go-Cart Track
Located at 613 East 4th Street. This item related to the aforementioned Public Hearing.
Discussion was held regarding type of track and liability issues to the City.
Motion by Ramsey, second by Haase to approve the request from Edwin Bolanos for a
Conditional Use Permit for a go-cart tract located at 613 East 4th Street with the following
conditions: 1) hours of operation shall be limited to 8:00 a.m. through 11:00 p.m. 2) lights, if
installed should not extend past the property line onto neighboring properties, excluding the
public right-of-way and railroad property, and 3) dust levels should be controlled such that it
does not create a public nuisance.
Motion by Gericke to limit this permit to 24 months. Motion died due to lack of a second.
Motion by Carney, second by Niemann that adequate insurance be provided for the go-cart track
by Mr. Bolanos. Upon roll call vote, Councilmember’s Niemann and Carney voted aye.
Councilmember’s Meyer, Gilbert, Haase, Dugan, Ramsey, Zapata, Nickerson, and Gericke voted
no. Motion failed.
Upon roll call vote of the main motion, Councilmember’s Gilbert, Haase, Dugan, Ramsey,
Zapata, and Nickerson voted aye. Councilmember Meyer, Niemann, Carney, and Gericke voted
no. Motion adopted.
Consideration of Request from Island Landhandlers, Inc. for a Conditio nal Use Permit for a Sand
& Gravel Operation Located at 3812 South Blaine Street. This item related to the
aforementioned Public Hearing.
Page 9, City Council Regular Meeting, September 14, 2010
Motion by Nickerson, second by Zapata to deny the request from Island Landhandlers, Inc. for a
Conditional Use Permit for a Sand & Gravel Operation located at 3812 South Blaine Street for
the following reasons :
1. Would create an unsafe traffic environment for residents and hike/bike trail users
2. Would have a potentially negative impact on property value promoting depreciation
3. Would accelerate road deteriation at an unreasonable rate
4. Is not generally harmonious to the surrounding area due to noise, traffic, and overall
operational environment
Gordon Glade, owner commented on his intentions to build a home on this property by a lake
and that he wants to improve this property. He also stated he wanted the permit for only 10 years
and there would be no asphalt plant at this location. Discussion was held regarding truck traffic
on Blaine Street.
Gerald Williams explained the inspections for noise by the state which was done yearly. Times
of operation were discussed, Mr. Williams stated they would not operate from sun-up to sun-
down and on occasion would work on Saturday mornings.
Positive comments were made regarding the way Island Landhandlers does business with less
noise, clean working environment and little dust.
Upon roll call vote to deny, Councilmember’s Niemann, Haase, Carney, Ramsey, Zapata,
Nickerson, and Gericke voted aye. Councilmember’s Meyer, Gilbert, and Dugan voted no.
Motion adopted.
Council recessed at 9:00 p.m.
Council reconvened at 9:10 p.m.
Consideration of Request from Brent Lindner Regarding Extending Hours of Alcohol
Consumption. Brent Lindner, 1322 West John Street requested the City Council approve
extending the sale of alcohol from 1:00 a.m. to 2:00 a.m. on Friday’s and Saturday’s. Mentioned
was the additional hour would help increase his revenue. Dick Rezac, 1512 East Stolley Park
Road spoke in support.
Discussion was held regarding state law and closing times, surrounding areas such as Kearney
denying this same request, Lincoln and Omaha approving the 2:00 a.m. closing and the strain on
Law Enforcement.
Motion by Dugan, second by Meyer that this item not be brought forward for an Ordinance.
Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2010-254 – Consideration of Request from Tokyo Station, Inc. dba Tokyo Station, 2425 North
Diers Avenue for a Class “I” Liquor License and Liquor Manager Designation for Charlie
Canfield, 3221 Ponca Circle. This item related to the aforementioned Public Hearing.
Page 10, City Council Regular Meeting, September 14, 2010
Motion by Ramsey, second by Gilbert to approve Resolution #2010-254 contingent upon final
inspections and Liquor Manager Designation for Charlie Canfield, 3221 Ponca Circle contingent
upon Mr. Canfield completing a state approved alcohol server/seller program. Upon roll call
vote, all voted aye. Motion adopted.
#2010-255 – Consideration of Approving General Property, Parking District #2 (Ramp) and
Community Redevelopment Authority Tax Request. This item related to the aforementioned
Public Hearing.
Discussion was held regarding no cuts to the CRA budget while all other budgets were
decreased. Question was asked if this could be changed and what it would do to our current
budget. City Administrator Jeff Pederson stated this should have been done earlier. Property
valuations were also discussed.
Motion by Gilbert, second by Dugan to approve Resolution #2010-255. Upon roll call vote,
Councilmember’s Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and Gericke
voted aye. Councilmember’s Meyer and Haase voted no. Motion adopted.
#2010-256 – Consideration of Approving 1% Increase to the Lid Limit. Mary Lou Brown,
Finance Director reported that in 1998 the Nebraska State Legislature passed LB 989 which put a
cap on the amount of restricted revenues a political subdivision could budget for. The restricted
revenues that the City of Grand Island included in the budget were Property Taxes, Local Option
Sales Tax, Motor Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues,
property tax was the only revenue that the City could control. The increase in restricted funds
authority using the 1% additional amount and the population growth (when available) was not an
increase in budgeted revenues. It only provided the ability to increase restricted revenues,
particularly property tax, in a future year if necessary.
Ms. Brown answered questions concerning the unused budget authority with the 1% lid which
was $5,146,978. If the lid was not approved it would reduce that figure by $240,314. Discussion
was held concerning the difference between revenue and property tax.
Motion by Gericke, second by Ramsey to approve Resolution #2010-256. Upon roll call vote,
Councilmember’s Meyer, Niemann, Gilbert, Carney, Dugan, Ramsey, Zapata, Nickerson, and
Gericke voted aye. Councilmember Haase voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of August 25, 2010
through September 14, 2010, for a total amount of $4,803,090.63. Unanimously approved.
Motion by Dugan, second by Nickerson to approve the Claims for the Period of August 25, 2010
through September 14, 2010 for the Veterans Athletic Field Complex for a total amount of
$97,711.26. Unanimously approved.
Page 11, City Council Regular Meeting, September 14, 2010 Motion by Dugan, second by Nickerson to approve the Claims for the Period of August 25, 2010
through September 14, 2010 for the State Fair Recreation Building for a total amount of
$394,960.18. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:55 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of September 21, 2010 City Council Study
Session
Tuesday, September 28, 2010
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
September 21, 2010
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
September 21, 2010. Notice of the meeting was given in the Grand Island Independent on
September 15, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following Councilmember’s were
present: Gericke, Nickerson, Ramsey, Dugan, Carney, Gilbert, Haase, and Niemann.
Councilmember’s Zapata and Meyer were absent. The following City Officials were present:
City Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou
Brown, City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
Discussion Concerning Disposition of Land at Stuhr Road and Highway 30. Jeff Pederson, City
Administrator reported that in 2005 the City purchased land at Stuhr Road and Highway 30 for a
prospective State Fire Training Facility in an amount of $583,900. The land was currently leased
for agricultural production and a portion of the property was used by the City for snow piling and
temporary storage of historical buildings.
During the recent budget sessions, the City Council requested an inventory of excess land assets
be complied to determine if any excess land assets could be sold for cash to assist with funding
the City budget. This piece of property was identified as both significant in size as well as
lacking in a defined plan for future use.
Mr. Pederson stated a broker’s opinion was obtained and the projected value for the property
including the lake was $392,200. This amount was based on a comparable piece of property sold
recently located across Stuhr Road.
Mentioned was a possible future location for a combined Public Works/Utilities/Fleet facility at
this location. Also mentioned was an e-mail received from Marlan Ferguson, President of Grand
Island Area Economic Development Corporation (GIAEDC) stating there were several
companies interested in this property as an economic/industrial development since it was zoned
M-2 and had excellent roadway access as well as BN and UP railroad availability.
Discussion was held regarding reasoning for not marketing this property. Mr. Pederson stated
EDC was aware of this property and there could be a partnership created between the City and
EDC for future development. Public use of this property had not been pursued at this time, but
could be looked at in the future. Several Councilmember’s commented that now was not the time
to sell this property and this should not be sold just to increase revenues in the budget.
Page 2, City Council Study Session, September 21, 2010
Councilmember Carney suggested that Administration secure a qualified appraisal on this
property. Councilmember Gilbert suggested that staff look into the options for use of this
property.
Update of Odor Task Force. Jeff Pederson, City Administrator reported that an Odor Task Force
was formed to investigate an odor ordinance and to review the odor issue. Members of the Task
Force were: Councilmember’s Niemann, Ramsey, Gericke, and Gilbert, and City Administration
staff. Public Works Director Steve Riehle and Environmental Health Supervisor Jeremy
Collinson from the Central Nebraska Health Department had also worked with the group.
Councilmember Bob Niemann, Chairman of the Odor Task Force Committee stated the Odor
Task Force studied the City’s ability to monitor odors. The Nasal Ranger had been a useful tool
for the Wastewater Treatment Plant, but involved human factors which could impact the results.
Other odor measuring devices were investigated that had less subjectivity. The help of an odor
expert was enlisted and Dr. Dwaine Bundy was hired to provide an outside point of view with
knowledge and experience with odor management.
Dr. Bundy made a site visit on August 2-3, 2010 and believed odorous compounds near the
wastewater Treatment Plant and JBS were made up of hydrogen sulfide. Reducing hydrogen
sulfide gasses could reduce odors, but more information was needed on the odorous gases. The
OdaLog was an instrument that reads hydrogen sulfide continuously, and could provide
information on the correlation between hydrogen sulfide and odor emissions. An OdaLog takes
measurements every ten minutes for twenty-four hours a day, seven days a week, along with
collecting weather information. Data is then downloaded every two-four weeks. With the advice
and knowledge from the consultant, the Odor Task Force believed that using the OdaLog would
greatly improve the City’s ability to monitor odors.
During the past year and over the course of the time the Odor Task Force had been meeting, JBS
had demonstrated a much higher commitment to managing odor emanating from the plant.
Additionally, JBS and the City had strengthened their working relationship through improved
communication and accountability. The Odor Task Force would like to use this improved
relationship to move forward in a mutual effort to manage the odor issue without the
implementation of a formal program of compliance and sanctions.
The Task Force believed that moving forward over the next year they would be able to improve
the City’s ability to monitor odor emissions, as well as learn more about odor impacting the
community using the OdaLog instruments. By doing this in a mutual effort with JBS,
Wastewater, and other odor generators, it would provide the Task Force the opportunity to share
data and create a greater understanding of the odorous emissions.
The committee recommended moving forward with purchasing three units to measure the odors
over the next 12 to 18 months and form partnerships with JBS and McCain Foods to work with
the Odor Task Force.
Page 3, City Council Study Session, September 21, 2010
Discussion was held concerning the OdaLog measuring only hydrogen sulfide odors and
concerns of this being one dimensional. Shannon Oster, Assistant to the City Administrator
answered questions regarding the training and reports of the OdaLog.
The committee thanked JBS and McCain Foods for their cooperation on this issue. John Ditter,
representing JBS commented on the upgrades of their facilities.
Food Tax Exemption Review and Opportunities. Jeff Pederson, City Administrator reported that
Councilmember Haase had requested placement of this item for discussion. The ordinance
implementing the Food and Beverage Occupation Tax does not apply to State Fair Vendors.
State Statute §16-205 does not provide cities the authority to impose an occupation tax on a State
function or facility, therefore food and beverages sold at the State Fair was not included in the
Ordinance.
§16-205. License or occupation tax; power to levy; exceptions.
A city of the first class may raise revenue by levying and collecting a license or
occupation tax on any person, partnership, limited liability company, corporation, or
business within the limits of the city and to regulate same by ordinance. All such
taxes shall be uniform in respect to the class upon which they are imposed. All
scientific and literary lectures and entertainments shall be exempt from such taxation
as well as concerts and all other musical entertainments given exclusively by the
citizens of the city.
Councilmember Haase stated the reason he brought this forward was because of questions from
citizen’s concerning exemptions of the Food Tax in the City Code relating to vendors at the State
Fair. Mr. Haase stated both City Code and State Statutes were confusing on this issue.
City Administrator Jeff Pederson commented that when this Ordinance was written, the City did
not have the authority to tax a State agency. Vendors at the State Fair were considered a part of a
State function and were considered exempt. Mr. Pederson stated this issue would be researched
at the state level. Discussion was held concerning vendors paying a vendor fee to the State Fair.
Jeremy Collison, representing Central District Health Department commented on the City not
taxing mobile food vendors at the present time and the vendors at the State Fair were considered
mobile food vendors so therefore were not taxed.
Comments were made by Councilmember Dugan concerning Administration looking into taxing
the mobile food vendors. Mr. Pederson stated this issue would be brought forward at a future
Study Session.
ADJOURNMENT: The meeting was adjourned at 8:10 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Appointment of Michelle Fitzke to Community
Redevelopment Authority Board
The Mayor has submitted the Appointment of Michelle Fitzke to the Community
Redevelopment Authority Board to replace Lee Elliott. This appointment would become
effective October 1, 2010 upon approval by the City Council and would expire on September
30, 2015.
Approval is recommended.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G4
Approving Garbage Permits for Clark Brothers Sanitation,
Heartland Disposal, Mid-Nebraska Disposal and Refuse Permits
for Full Circle, and O’Neill Transportation and Equipment
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 28, 2010
Subject: Approving Garbage and Refuse Haulers Permits
Item #’s: G-4
Presenter(s): RaNae Edwards, City Clerk
Background
Grand Island City Code Section 17-15 allows for the Collection, Transportation, and
Disposal of Garbage and/or Refuse. These permits are effective October 1 through
September 30 of each calendar year.
Discussion
The following businesses have submitted applications for renewal for 2009/2010:
Clark Brothers Sanitation, 3080 West 2nd Street Garbage
Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage
Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage
Full Circle, Inc., 4331 Juergen Road Refuse
O’Neill Transportation and Equipment, 558 S. Stuhr Rd. Refuse
All City Code requirements have been met by these businesses.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the renewal for garbage/refuse permits.
2. Disapprove or deny the renewals.
3. Modify the renewals to meet the wishes of the Council.
4. Table the issue
Recommendation
City Administration recommends that the Council approve the renewals for
garbage/refuse permits for 2010/2011.
Sample Motion
Move to approve the renewal for garbage/refuse permits for 2010/2011.
Item G5
Approving Request from Robert Blue, 917 West 15th Street for
Liquor Manager Designation for Firehouse Bar, 418 West 4th
Street
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 28, 2010
Subject: Request from Robert Blue, 917 West 15th Street for
Liquor Manager Designation for Firehouse Bar, 418
West 4th Street
Item #’s: G-5
Presenter(s): RaNae Edwards, City Clerk
Background
Robert Blue, 917 West 15th Street has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Class “C-86044”
Liquor License for Firehouse Bar, 418 West 4th Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Cont rol
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Robert Blue, 917 West 15th Street for Liquor Manager
Designation in conjunction with the Class “C-86044” Liquor License for Firehouse Bar,
418 West 4th Street with the stipulation that Mr. Blue complete a state approved alcohol
server/seller training program.
09/20/10 Grand Island Police Department 450
12:51 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 10:56:38 09/16/2010
Occurred before : 10:56:38 09/16/2010
When reported : 10:56:38 09/16/2010
Date disposition declared : 09/16/2010
Incident number : L10092216
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 418 4th St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number :
Geobase address ID : 12876
Long-term call ID :
Clearance Code : O Open Case
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
NM 83647 09/20/10 Blue, Robert L Liquor Manager
NM 137332 09/20/10 Firehouse Bar, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor Manager Application from Robert Blue for Firehouse
Bar
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
09/20/10 Grand Island Police Department 450
12:51 LAW INCIDENT TABLE Page: 2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 12:37:25 09/20/2010
318
Grand Island Police Department
Supplemental Report
Date, Time: Mon Sep 20 12:37:45 CDT 2010
Reporting Officer: Vitera
Unit- CID
I received a copy of a liquor license application from Robert Blue for the
Firehouse Bar. According to the application, Robert has lived in Grand Island
for the last nine years. In the part of the application that asks about
criminal convictions, Robert disclosed two DUI's and a speeding conviction.
I checked Robert through Spillman and NCJIS. He is in Spillman but doesn't show
any potential convictions. NCJIS didn't reveal any undisclosed convictions.
The Grand Island Police Department has no objection to Robert Blue becoming the
liquor manager at the Firehouse Bar.
Item G6
Approving Request from Kristine Lange, 2021 West Louise Street
for Liquor Manager Designation for Bullwinkle’s Bar & Grill,
2118 North Webb Road
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: September 28, 2010
Subject: Request from Kristine Lange, 2021 West Louise Street
for Liquor Manager Designation for Bullwinkle’s Bar &
Grill, 2118 North Webb Road
Item #’s: G-6
Presenter(s): RaNae Edwards, City Clerk
Background
Kristine Lange, 2021 West Louise Street has submitted an application with the City
Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-
23100” Liquor License for Bullwinkle’s Bar & Grill, 2118 North Webb Road.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Cont rol
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Kristine Lange, 2021 West Louise Street for Liquor
Manager Designation in conjunction with the Class “C-23100” Liquor License for
Bullwinkle’s Bar & Grill, 2118 North Webb Road with the stipulation that Ms. Lange
complete a state approved alcohol server/seller training program.
09/20/10 Grand Island Police Department 450
11:18 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 10:54:14 09/16/2010
Occurred before : 10:54:14 09/16/2010
When reported : 10:54:14 09/16/2010
Date disposition declared : 09/16/2010
Incident number : L10092214
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 2118 Webb Rd N
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 20364
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
NM 7712 09/17/10 Lange, Joseph D Manager's Spouse
NM 140856 09/17/10 Bullwinkles Bar, Business
NM 159765 09/17/10 Lange, Kristine Proposed Manager
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor Manager Application from Kristine Lange for
Bullwinkle's.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
09/20/10 Grand Island Police Department 450
11:18 LAW INCIDENT TABLE Page: 2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:19:15 09/17/2010
318
Grand Island Police Department
Supplemental Report
Date, Time: Fri Sep 17 14:19:29 CDT 2010
Reporting Officer: Vitera
Unit- CID
In looking at this application, it states that Kristine and her husband, Joseph,
have only lived continually in Grand Island since approximately the beginning of
this year. Prior to that, they lived in Grand Island in 2004. Otherwise, they
have lived in Guam, Florida, Washington and Ogallala, Nebraska.
I searched for Kristine and Joseph in Spillman. I located Joseph but not
Kristine. Joseph had an entry for a DUI which he had disclosed on the
application. I searched NCJIS for both of them. Kristine didn't have any
undisclosed convictions, nor did Joseph.
I called the Clay County Florida Sheriff's Department which has jurisdiction
over Middleburg, Florida and asked for a records check on the Lange's. They did
not have any contacts with the Lange's. I also called the Everett, Washington
Police Department and spoke to someone in their records department. They didn't
have any contacts with the Lange's. The last agency I called was the Ogallala,
Nebraska Police Department. They did not show any records on the Lange's. The
Lange's also stated that they lived in Guam for a couple of years. I did not
call Guam. I also checked for warrants and driver's license history and status
on the Lange's. They each have a valid Nebraska license, no warrants, and a
prior license in Florida.
In summary, I could not find any undisclosed convictions on the Lange's based on
the information they provided. Since Joseph signed a Spousal Affidavit of
Non-Participation and his conviction isn't automatically disqualifying, the
Grand Island Police Department has no objection to Kristine Lange becoming the
liquor manager at Bullwinkle's.
Item G7
#2010-257 - Approving Semi-Annual Report by the Citizens’
Review Committee on the Economic Development Program Plan
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-257
WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a
report by the Citizens Advisory Review Committee to the City Council at least once every six months on its
findings and suggestions on the administration of the Economic Development Plan; and
WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review
Committee was held at a regular session of the Grand Island City Council on September 28, 2010; and
WHEREAS, said report gave information about the activities of the past six months that
have taken place pursuant to the Economic Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory
Review Committee is hereby accepted and approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2010-258 - Approving Acquisition of Utility Easement - South of
Capital Avenue and West of Lynn Lane in Merrick County - Joel
Leetch & Janet Stryker
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-258
WHEREAS, a public utility easement is required by the City of Grand Island, from Joel A.
Leetch and Janet Stryker, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove,
and operate thereon, public utilities and appurtenances, including lines and transformers; and;
WHEREAS, a public hearing was held on September 28, 2010, for the purpose of
discussing the proposed acquisition of an easement located in Merrick County, Nebraska. The center line
of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as
follows:
Commencing at the northwest corner of Schwarz Subdivision, Merrick County, Nebraska;
thence southerly along the westerly line of said Schwarz Subdivision on an assumed bearing
of S0°59’06”E, a distance of five hundred thirty three (533.0) feet to the southwest corner
of Lot Five (5), Block One (1) said Schwarz Subdivision being the ACTUAL Point of
Beginning; thence N89°21’37”W, a distance of three hundred twenty one and sixty five
hundredths (321.65) feet; thence S0°13’45”E, a distance of fifty five (55.0) feet. The side
lines of the above described tract shall be prolonged or shortened as required to terminate
on the boundary of Grantor’s property.
The above-described easement and right-of-way containing 0.173 acres, more or less, as
shown on the plat dated 9/3/2010, marked Exhibit "A", attached hereto and incorporated
herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Joel A. Leetch and Janet Stryker, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2010-259 - Approving Acquisition of Utility Easement - 2210
North Webb Road - James & Barbara Wiltgen
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-259
WHEREAS, a public utility easement is required by the City of Grand Island, from James
J. and Barbara A. Wiltgen, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove,
and operate thereon, public utilities and appurtenances, including lines and transformers; and;
WHEREAS, a public hearing was held on September 28, 2010, for the purpose of
discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska;
more particularly described as follows:
The southerly twenty (20.0) feet of Lot One (1), Grand Island Mall Fifteenth Subdivision.
The above-described easement and right-of-way containing a total of 0.093 acres,
more or less, as shown on the plat dated 9/2/2010, marked Exhibit "A", attached hereto
and incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from James J. and Barbara A. Wiltgen, on the above-
described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2010-260 - Approving Certificate of Final Completion - Water
Main Project 2010-W-1 - Poplar Street between 9th and 12th
Streets
Tuesday, September 28, 2010
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: September 28, 2010
Subject: Certificate of Final Completion
Water Main Project 2010-W-1
Poplar Street, 9th Street to 12th Street
Item #’s: G-10
Presenter(s): Gary R. Mader, Utilities Director
Background
The Community Redevelopment Authority and the City entered into an agreement for the
installation of an 8” water main and service connections along Poplar Street between 9th
Street and 12th Street. The project was initiated to help encourage development in the
area.
The Diamond Engineering Company was awarded the contract for Project 2010-W-1 for
construction of the referenced work. All piping and related infrastructure has been
installed and has been successfully tested. The project has been placed in service and
provided municipal service for seven new buildable lots. Currently the Habitat for
Humanity organization is constructing four single family homes adjacent to the project.
Discussion
The work on the project is complete. Attached is the Certificate of Final Completion and
it is recommended the project be accepted by the City of Grand Island.
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 accept the Certificate of Final
Completion for Water Main Project 2010-W-1, Poplar Street from 9th Street to 12 Street.
Sample Motion
Move to approve the Certificate of Final Completion for Water Main Project 2010-W-1.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-260
WHEREAS, the City Engineer/Public Works Director and the Utilities Director for the City
of Grand Island have issued a Certificate of Final Completion for Water Main Project 2010-W-1 (Poplar
Street from 9th Street to 12th Street) certifying that Diamond Engineering Company of Grand Island,
Nebraska, under contract, has completed the water main installation portion of such project according to
the terms, conditions, and stipulations for such improvements; and
WHEREAS, the City Engineer/Public Works Director and Utilities Director recommend the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendations of the City Engineer/Public
Works Director and the Utilities Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main
Project 2010-W-1 is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2010-261 - Approving Agreement with Nebraska Game and Parks
for Hunter Education Program
Tuesday, September 28, 2010
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: September 28, 2010
Subject: Approving Agreement with NE Game and Parks
Commission
Item #’s: G-11
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Heartland Public Shooting Park is offering hunter education classes at the facility.
Several hours of instruction is included in this training. The training is designed to
educate new hunters regarding safe firearm handling, sportsmanship, rules and
regulations and other important items related to hunting and shooting in Nebraska
Discussion
The Nebraska Game and Parks Commission has developed a program where the
Commission will provide support to each successful participant in the hunter education
program. Instructors will be with these trainees and will use the live fire training to
further the understanding of gun use and gun safety by the participants. In order to
receive support from the Game and Parks Commission a hold harmless agreement must
be signed by the City protecting the Game and Parks Commission.
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 allow the signing of the agreement to
allow the Heartland Public Shooting Park to incorporate the live fire unit into its training
program.
Sample Motion
Move to sign the agreement as presented by the NE Game and Parks Commission.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-261
WHEREAS, the City of Grand Island desires to provide live-firing opportunities for hunter
education participants at the Heartland Public Shooting Park; and
WHEREAS, an agreement with the Nebraska Game and Parks Commission is required
to proceed with this project, known as For Enhancement of Live-firing opportunities of Hunter
Education Program Students.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska Game and Parks
Commission is hereby approved for the enhancement of hunter education at the Heartland Public Shooting
Park.
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, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2010-262 - Approving Change Order No. 1 for Furnishing and
Installation of Ball Field Lighting at the Veterans Athletic Field
Complex
Tuesday, September 28, 2010
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: September 28, 2010
Subject: Change Order #1 Reconfiguration of Fixtures on Lights
at Fonner Park Softball Fields
Item #’s: G-12
Presenter(s): Steve Paustian
Background
In September of 2009 bids were received for the relocation of the Softball Field Lights
located at the Fonner Park Complex to the new Veterans Athletic Field Complex. An
alternate bid was also prepared to purchase new lights for the adult softball fields at the
Veterans Athletic Complex and the lights at Fonner Park relocated to the Veterans
Athletic Complex for the next four field pod that will be developed at some future date.
The bids received came in favorably and the alternate bid was selected. A contract was
entered into with Ensley Electrical Services Inc. in the amount of $231,277.00 for the
furnishing and installation of new Ball Field Lighting at the Veterans Athletic Complex
and the relocation of the existing lights to the Veterans Athletic Field Complex for future
use.
Discussion
We are now ready to relocate the lights currently at Fonner Park to the Veterans Athletic
Complex. The lights currently provide light for three fields with 300 ft. foul lines. Each
field requires six poles and a total of 48 fixtures on each field to provide proper
illumination. Relocating the lights to the new fields at the Veterans Athletic Complex will
require reconfiguring the fixtures on the existing poles. The new Veterans Athletic Field
Complex pod will have 225 ft. baselines and will require only four poles per field with a
reduced number of fixtures. By reconfiguring the existing fixtures there will be adequate
fixtures and poles to light four fields instead of the current three. As this reconfiguration
of fixtures was not included in the original bid specifications an amount of $8,370.00 has
been requested by Ensley Electrical Services Inc. to provide this additional service.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a committee
3. Postpone the issue to a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the change order in the
amount of $8,370.00 to allow for future use in phase two of the four softball/baseball
fields at the Veterans Athletic Complex.
Sample Motion
Move to increase the amount of the contract to Ensley Electrical Services Inc. by
$8,370.00 for ball field lighting.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-262
WHEREAS, on October 13, 2009 by Resolution 2009-267, the City Council of the
City of Grand Island awarded Ensley Electrical Services, Inc. of Grand Island, Nebraska, the bid in the
amount of $231,277.00, for the Furnishing and Installation of Ball Field Lighting at the new Veterans
Athletic Field Complex; and
WHEREAS, it has been determined that additions and modifications to the ball field lighting
system installation to be performed by Ensley Electrical Services, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modifications will increase the contract amount by
$8,370.00 for a revised contract price of $239,647.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and Ensley Electrical Services,
Inc. of Grand Island, Nebraska to provide the modifications set out as follows:
Reconfigure the relocated light poles from existing 3 field layout to a 4 field layout …..$8,370.00
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2010-263 - Approving Bid Award for Purchase and Installation of
Sod at Veteran’s Athletic Field Complex
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: September 28, 2010
Subject: Approving Bid Award for Furnishing and Installation of
Sod at Veterans Athletic Field Complex
Item #’s: G-13
Presenter(s): Steve Paustian
Background
On September 18, 2010 the Park and Recreation Department, advertised for bids for the
Furnishing and Installation of sod at the Veterans Athletic Field Complex. Five bids were
received. The low responsible bid was provided by Tilley Sprinkler Systems of Grand
Island, NE in the amount of $46,629.00.
Discussion
Because of the relocation of the State Fair to Grand Island it is necessary to move the
athletic complex currently located at Fonner Park to a new site. The new site is located
just south of Eagle Scout Park. With the hard winter and wet spring of the past year
utility installation was delayed, moving all other aspects of the project back as well. With
the short time frame available before next springs softball games is has become necessary
to sod three of the softball field outfields to insure a safe playing surface by May of next
year. Fund number 40044450 90122 Soccer/Bball Fields-Vets Home has funds budgeted
for this purpose.
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 award of a contract to
Tilley Sprinkler Systems in the amount of $46,629.00.
Sample Motion
Move to award contract to Tilley Sprinkler Systems to install and purchase sod for the
Veterans Athletic Field Complex.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 24, 2010 at 8:30 a.m.
FOR: Ins tallation & Purchase of Sod at the Veterans Athletic Field Complex
DEPARTMENT: Parks & Recreation
ESTIMATE: $75,000.00
FUND/ACCOUNT: 40044450-90122
PUBLICATION DATE: September 18, 2010
NO. POTENTIAL BIDDERS: 8
SUMMARY
Bidder: Tilley Sprinkler Systems Cloudburst Enterprises
Grand Island, NE Grand Island, NE
Bid Security: Cashier’s Check Cashier’s Check
Exceptions: None Noted
Bid Price:
Sod Only:
Field #A: $ 9,061.00 $13,243.00
Field #B: $ 9,061.00 $13,243.00
Field #C: $ 9,061.00 $13,243.00
All Fields: $27,183.00 $39,729.00
Sod Installation Only: $25,092.00 $17,773.50
Sod & Installation:
Field #A: $15,543.00 $17,773.50
Field #B: $15,543.00 $17,773.50
Field #C: $15,543.00 $17,773.50
All Fields: $46,629.00 $53,320.50
Bidder: Denny’s Lawns, Inc. Rick’s Lawn Care, Co.
Grand Island, NE Grand Island, NE
Bid Security: Cashier’s Check Certified Check
Exceptions: Noted Noted
Bid Price:
Sod Only:
Field #A: $22,304.00 No Bid
Field #B: $22,304.00 No Bid
Field #C: $22,304.00 No Bid
All Fields: $66,912.00
Sod Installation Only: N/A $23,001.00 Rolls
$27,201.00 Squares
Sod Installation Only:
Field #A: $22,304.00 $18,819.00
Field #B: $22,304.00 $18,819.00
Field #C: $22,304.00 $18,819.00
All Fields: $66,912.00 $56,457.00
Bidder: Gideon Sod Farm
Wood River, NE
Bid Security: Cashier’s Check
Exceptions: None
Bid Price:
Sod Only:
Field #A: $14,853.66
Field #B: $14,853.66
Field #C: $14,853.66
All Fields: $44,560.98
Sod Installation Only: $34,115.00
Sod Installation Only:
Field #A: $25,311.00
Field #B: $25,311.00
Field #C: $25,311.00
All Fields: $75,933.00
cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Parks Secretary
Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent
Jeff Pederson, City Administrator
P1435
Approved as to Form ¤ ___________
September 24, 2010 ¤ City Attorney
R E S O L U T I O N 2010-263
WHEREAS, the City of Grand Island invited sealed bids for Furnishing and Installation of
Sod at the new Veterans Athletic Field Complex, according to plans and specifications on file with the
Parks and Recreation Department; and
WHEREAS, on September 24, 2010, bids were received, opened and reviewed; and
WHEREAS, Tilley Sprinkler Systems from Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids, plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $46,629.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Tilley Sprinkler Systems from Grand
Island, Nebraska in the amount of $46,629.00 for Furnishing and Installation of Sod at the new Veterans
Athletic Field Complex is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2010-264 - Approving Bid Award for Root Foaming Machine for
the Wastewater Treatment Plant
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 28, 2010
Subject: Approving Bid Award for Root Foaming Machine for the
Wastewater Treatment Plant
Item #’s: G-14
Presenter(s): Steven P. Riehle, Public Works Director
Background
On September 9, 2010 an Advertisement for Root Foaming Machine was published in the
Grand Island Daily Independent. There were five (5) potential bidders.
The Wastewater Division of the Public Works Department changed the focus of the
maintenance efforts on the neighborhood gravity sanitary sewer collection system. The
focus is being shifted away from flushing the neighborhood gravity sanitary sewer mains
towards television work and root sawing/foaming. The work of flushing sanitary sewer
mains does not identify and fix problems like the television and root sawing/foaming
work can and does.
The television work identifies repairs and areas that need root sawing/foaming. Root
sawing cuts the roots of trees back out of the sanitary sewer main. Root foaming follows
the root sawing and fills the sanitary sewer main with a herbicide foam that stunts the
roots back beyond the sanitary sewer main.
In addition, the work of flushing sanitary sewer mains in many parts of town with PVC
sanitary sewer mains is not needed as often or as important as flushing, televising, and
root sawing/foaming is on older vitrified clay pipe (VCP) sanitary sewer mains.
Discussion
Bids were received and opened at City Hall on September 16, 2010 and the following
bidder responded:
Douglas Products and Packaging - Total Base Bid $36,000.00
Trade-In value (Deductive Alternative) $12,000.00
Total (Base Bid – Deductive Alternative) $24,000.00
Douglas Products and Packaging of Liberty, Missouri, submitted a bid in accordance with
the terms of the advertisement to bidders, the specifications, and all other statutory
requirements contained therein.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the bid award to Douglas Products and Packaging of
Liberty, Missouri.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
Public Works Administration recommends that the Council approve the bid award to
Douglas Products and Packaging in the amount of Total (Base Bid – Deductive
Alternative) $24,000.00.
Sample Motion
Move to approve the bid award.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 16, 2010 at 2:00 p.m.
FOR: Root Foaming Machine
DEPARTMENT: Public Works
ESTIMATE: $45,000.00
FUND/ACCOUNT: 53030054-85615
PUBLICATION DATE: September 9, 2010
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Douglas Products & Packaging
Liberty, MO
Exceptions: None
Manufacturer Douglas Products
Bid Price: $36,000.00
Trade-In: $12,000.00
Total Bid: $24,000.00
Delivery Date: 30 days
cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent
Jeff Pederson, City Administrator Fred Tustin, WWTP
P1432
R E S O L U T I O N 2010-264
WHEREAS, an Advertisement to Bidders for Root Foaming Machine was
published in the Grand Island Daily Independent on September 9, 2010; and
WHEREAS, the City of Grand Island invited sealed bids according specifications
on file with the City Clerk; and
WHEREAS, on September 16, 2010, bids were received, opened and reviewed;
and
WHEREAS, Douglas Products and Packaging, of Liberty, Missouri, submitted a
bid in accordance with the terms of the advertisement to bidders, the specifications, and
all other statutory requirements contained therein, such bid being in the amount of
$24,000.00 after trade-in; and
WHEREAS, the bid is below the estimate for the equipment; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Douglas Products
and Packaging of Liberty, Missouri, in the amount of $24,000.00 for the Root Foaming
Machine is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract for such equipment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
Margaret Hornady, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form September 27, 2010 City Attorney
Item G15
#2010-265 - Approving Bid Award for Root Foaming Chemical for
the Wastewater Treatment Plant
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: September 28, 2010
Subject: Approving Bid Award for Root Foaming Chemical for the
Waste Water Treatment Plant
Item #’s: G-15
Presenter(s): Steven P. Riehle, Public Works Director
Background
On September 9, 2010 an Advertisement to Bidders for the furnishing of Root Roaming
Chemical was published in the Grand Island Daily Independent. There were four (4)
potential bidders.
Discussion
Bids were received and opened at City Hall September 16, 2010 and the following bidder
responded:
Douglas Products and Packaging of Liberty, Missouri - $290.00 Unit Price
Douglas Products and Packaging submitted a bid in accordance with the terms of the
advertisement to bidders, the specifications, and all other statutory requirements
contained therein.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the bid award to Douglas Products and Packaging of
Liberty, Missouri.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
Public Works Administration recommends that the Council approve the bid award to
Douglas Products and Packaging for a unit price of $290.00.
Sample Motion
Move to approve the bid award.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: September 16, 2010 at 2:15 p.m.
FOR: Root Foaming Chemical
DEPARTMENT: Public Works
ESTIMATE: $350.00 Packaged Material Unit Price
FUND/ACCOUNT: 53030050-85535
PUBLICATION DATE: September 9, 2010
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Douglas Products & Packaging
Liberty, MO
Exceptions: Noted
Manufacturer: Douglas Products
Bid Price Per Unit: $290.00
Delivery Date: 7
cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist.
Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent
Jeff Pederson, City Administrator Fred Tustin, WWTP
P1433
R E S O L U T I O N 2010-265
WHEREAS, an Advertisement to Bidders for Root Foaming Chemical was
published in the Grand Island Daily Independent on September 9, 2010; and
WHEREAS, the City of Grand Island invited sealed bids according to
specifications on file with the City Clerk; and
WHEREAS, on September 16, 2010, bids were received, opened and reviewed;
and
WHEREAS, Douglas Products and Packaging, of Liberty, Missouri submitted a
bid in accordance with the terms of the advertisement to bidders, the specifications, and
all other statutory requirements contained therein, such bid being in the amount of
$290.00 Unit Price; and
WHEREAS, the bid for the product is below the estimate; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Douglas Products
and Packaging, of Liberty, Missouri, in the amount of $290.00 Unit Price for furnishing
Root Foaming Chemical is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract for furnishing such product on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
Margaret Hornady, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form
September 27, 2010 City Attorney
Item G16
#2010-266 - Approving Contract with Ameritas Investment Corp.
for Bond Underwriter
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Finance Director
Meeting: September 28, 2010
Subject: Approving Contract with Ameritas Investment Corp. for
Bond Underwriter
Item #’s: G-16
Presenter(s): Mary Lou Brown, Finance Director
Background
The current bond underwriter, Ameritas Investment Corp., has been serving the City of
Grand Island since 1975. It was decided to issue a Request for Proposal (RFP) due to the
length of time of service by the current underwriter and also to put in place a written
contract.
Discussion
The request was for proposals from qualified firms interested in serving as the City’s
bond underwriter for fiscal years 2009/2010, 2010/2011 and 2011/2012. The selected
underwriter is expected to underwrite and market any new bonds that are issued or
reissued due to a refinancing.
The proposal review team consisted of Gary Mader, Utilities Director, Darren Buettner,
Utilities Accountant and Mary Lou Brown, Finance Director. The proposals were
evaluated against the following criteria: capacity of firm, qualifications and experience,
fee structure and marketing plan.
Three of the five firms that submitted proposals were invited to make presentations to the
team. The firms were then evaluated against the criteria. Based on the scoring of the
firms against the criteria, it was determined that Ameritas continues to meet the needs of
the City and a contract was prepared.
Following Council’s approval of the contract with Ameritas, a review of potential
refunding opportunities will be undertaken.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the contract with Ameritas for bond underwriting services.
2. Take no action.
Recommendation
City Administration recommends that the Council approve the contract with Ameritas
Investment Corp. for bond underwriting services.
Sample Motion
Move to approve the contract with Ameritas Investment Corp for bond underwriting
services with the City of Grand Island.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale Shotkoski, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
UNDERWRITER
RFP DUE DATE: May 13, 2010 at 4:00 p.m.
DEPARTMENT: Finance
PUBLICATION DATE: April 15, 2010
NO. POTENTIAL BIDDERS: 6
SUMMARY OF PROPOSALS RECEIVED
D.A. Davidson & Co. Ameritas Investment Corp
Omaha, NE Omaha, NE
Smith Hayes Financial Services First National Capital Markets
Lincoln, NE Omaha, NE
RBC Capital Markets
Denver, CO
cc: Jeff Pederson, City Administrator Mary Lou Brown, Finance Director
Dale Shotkoski, City Attorney
P1411
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-266
WHEREAS, the City plans to issue financings from time to time (Bonds) to
finance projects or refinance outstanding bond issues;
WHEREAS, the City desires and is authorized by law to retain the services of
Ameritas in connection with the issuance of Bonds;
WHEREAS, Ameritas agrees to be retained by the City and to provide to the City
the services described within their response to the City’s Request for Proposals dated
may 13, 2010 (Proposal);
WHEREAS, Ameritas agrees to act as investment banker, subject to the
conditions set forth within said Proposal; and
WHEREAS, for and in consideration of the mutual promises and fee structure
contained in the Proposal, the parties agree to the items set out therein;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that by affirmative vote by the City
Council, Ameritas Investment Corp is retained as the City’s bond underwriter.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on September 28,
2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2010-267 - Approving Annual Agreement for Financial Software
Licensing and Support
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Finance Director
Meeting: September 28, 2010
Subject: Approving Annual Agreement for Financial Software
Licensing and Support
Item #’s: G-17
Presenter(s): Mary Lou Brown, Finance Director
Background
At the August 10, 2010 City Council meeting, the City Council approved the annual
agreement for financial software (MUNIS) licensing and support. The amount approved
at that meeting for the period of 9/14/2010 to 9/13/2011 was $119,946. It has now been
brought to our attention that the approved contract did not include the pricing for support
for the laserfiche interface to document management module. Tyler Technologies
inadvertently omitted this from the contract and our review of the documents concurs
with that conclusion. The additional cost to be added to the contract is $4,365.90 which
brings the total cost of the licensing and support agreement to $124,311.90. The original
approved contract amount of $119,946 was paid to Tyler Technologies on August 25,
2010.
The remainder of this memo, through the Alternatives section, is the same information as
what was provided for the original vote on August 10, 2010.
On July 10, 2001, Council approved the purchase and implementation of the MUNIS
integrated financial software system. In order to receive needed software upgrades and
technical assistance from the company, it is necessary to enter into an annual Support
Agreement.
Discussion
The total cost for the period of 9/14/2010 to 9/13/2011 is $119,946 which inc ludes:
Operating System Database Administrative Support of $22,369.20, MUNIS Module
Support and Update Licensing of $89,476.80, GUI Support of $3,000 and IBM
(Informix) IDS Support of $5,100.00. The need for annual support and their related costs
were presented to Council at the time of the initial purchase.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the 2010-2011 Contract with Tyler Technologies, Inc for software
support and licensing.
2. Take no action.
Recommendation
During the September 28, 2010 meeting, City Administration recommends that the
Council approve the incremental amount of $4,365.90 related to the 2010-2011 Annual
Financial Support Agreement with Tyler Technologies, Inc.
Sample Motion
Move to approve the incremental amount of $4,365.90 related to the 2010-2011 Annual
Financial Support Agreement with Tyler Technologies, Inc.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-267
WHEREAS, on August 10, 2010, by Resolution 2010-218, the City of Grand Island
approved the annual Financial Support Agreement by and between the City and Tyler Technologies, Inc in
the amount of $119,946.00; and
WHEREAS, it has been determined that the contract inadvertently omitted the pricing for
support for the laserfiche interface to document management module; and
WHEREAS, the annual amount of $119,946.00 was paid to Tyler Technologies on August
25, 2010; and
WHEREAS, the cost for the omitted support is an additional $4,365.90;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the annual incremental amount of $4,365.90 for
the laserfiche interface to document management module is hereby approved.
BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed to
execute such agreements on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2010-268 - Consideration of Request from Rezac Enterprizes, Inc.
dba Tiki Lounge, 3333 Ramada Road for a Class "C" Liquor
License and Liquor Manager Designation for Jackie Rezac, 1512
E. Stolley Park Road
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-268
WHEREAS, an application was filed by Rezac Enterprizes, Inc. doing business as Tiki
Lounge, 3333 Ramada Road for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on September 18, 2010; such publication cost being $14.73; and
WHEREAS, a public hearing was held on September 28, 2010 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 contingent upon final inspections.
____ 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: ________________________
_________________________________________________________
____ The City of Grand Island hereby recommends approval of Jackie Rezac, 1512 E.
Stolley Park Road as liquor manager of such business upon the completion of a
state approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2010-269 - Consideration of Approving Funding of Economic
Development Request
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: September 28, 2010
Subject: Approving Economic Development Funding Request
Item #’s: I-2
Presenter(s): Jeff Pederson, City Administrator
Background
On July 22, 2003, the City Council approved Ordinance No.8830 adopting an Economic
Development Program for the City of Grand Island in conformance with Neb. Rev. Stat. 18-2710.
This provides for annual funding of $750,000 by the City.
Discussion
A request has been received from the Grand Island Area Economic Development Corporation,
duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be
used for operating expenses, community publicity, and promotion.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the request for funds.
2. Disapprove or Deny the request for funds.
3. Modify the Resolution to meet the wishes of the Council.
4. Table the issue.
Recommendation
City Administration recommends that the Council approve the request for funds.
Sample Motion
Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area
Economic Development Corporation.
Approved as to Form ¤ ___________
September 23, 2010 ¤ City Attorney
R E S O L U T I O N 2010-269
WHEREAS, on July 22, 2003, by Ordinance No. 8830, the Grand Island City Council
approved and adopted an Economic Development Program for the City of Grand Island prepared in
conformity with Neb. Rev. Statute No. 18-2710; and
WHEREAS, such program was amended on August 12, 2003, by Ordinance No. 8832;
and
WHEREAS, the program provides for $750,000 in annual funding to be provided by the
City of Grand Island; and
WHEREAS, a request has been made by the Grand Island Area Economic Development
Corporation and the Economic Development Program’s Citizens Review Committee for the payment of
$350,000 to be used for operating expenses, community publicity and promotion.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City
funding to the Grand Island Area Economic Development Corporation in accordance with the Economic
Development Program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 28, 2010.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of September 15,
2010 through September 28, 2010
The Claims for the period of September 15, 2010 through September 28, 2010 for a total
amount of $3,286,707.74. A MOTION is in order.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Period of September 15,
2010 through September 28, 2010 for the Veterans Athletic Field
Complex
The Claims for the Veterans Athletic Field Complex for the period of September 15, 2010
through September 28, 2010 for the following requisitions.
#26 $185,232.58
A MOTION is in order.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J3
Approving Payment of Claims for the Period of September 15,
2010 through September 28, 2010 for the State Fair Recreation
Building
The Claims for the Period of September 15, 2010 through September 28, 2010 for the State
Fair Recreational Building for the following requisition:
#30 $420,956.00
A MOTION is in order.
Tuesday, September 28, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council