12-07-2010 City Council Regular Meeting PacketCity of Grand Island
Tuesday, December 07, 2010
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Vacant
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
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 -1
Approving Minutes of November 23, 2010 City Council Regular
Meeting
Tuesday, December 07, 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
November 23, 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 November 23, 2010. Notice of the meeting was given in The Grand Island
Independent on November 17, 2010.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members
were present: Meyer, Niemann, Haase, Carney, Ramsey, Nickerson, Zapata and Gericke.
Councilmember Gilbert and Dugan 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.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Tori Katzberg and Sarah Ronne. Mayor Hornady wished everyone a Happy
Thanksgiving and announced the next Council meeting would be December 7th with the
Christmas Tree Lighting and swearing in of a new Mayor and two new Councilmember’s.
Mayor Hornady presented City Administrator Jeff Pederson with a plaque and thanked him for
his service to the City of Grand Island from September 19, 2007 to December 3, 2010.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of National Citizen Survey. City Administrator Jeff Pederson commented on the
importance of this surve y. Introduced was Assistant to the City Administrator Shannon Oster
who presented an overview of the National Citizen Survey. Mentioned was the feedback from
the public to be used in program performance measurement and the budget.
Discussion was held conc erning the number of questions in the survey and other Nebraska cities
who had implemented this survey. Ms. Oster stated there would be 4 to 5 pages front and back of
questions and two cities in Nebraska had implemented this program. Timeline was discussed
with the survey to be completed in March 2011. The total cost of this survey was $9,900. The
results of the survey could be used in preparing the 2011/2012 budget. This would be a random
scientific sampling of the residents in Grand Island. Response rate ranged from 25% to 40%. It
was recommended this survey be conducted every 2 to 3 years.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Meyer, second by Ramsey, carried
unanimously to adjourn to the Board of Equalization.
#2010-BE-6 – Consideration of Determining Benefits and Levy Special Assessments for
Sidewalk District No. 1, 2007. Steve Riehle, Public Works Director reported that all work had
been completed on Sidewalk District No. 1, 2007 for a total cost of $14,188.87. Costs for the
project would be assessed to the adjacent properties. The City Council needed to meet as the
Page 2, City Council Regular Meeting, November 23, 2010
Board of Equalization to determine the benefits for Sidewalk District No. 1, 2007. Staff
recommended approval.
Motion by Meyer, second by Nickerson to approve Resolution #2010-BE-6. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Meyer, second by Ramsey carried unanimously
to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Paul Galles PR for a Conditional Use Permit for an Off-Site
Parking Lot for Grand Island Senior High School Located at 2104 North Custer Avenue. Craig
Lewis, Building Department Director reported that Paul Galles PR had submitted an application
for a conditional use permit for an off-site parking lot for Grand Island Senior High School
located at 2104 North Custer Avenue. Staff recommended approval with the following
conditions: 1) landscape provisions in the City Code would require a ten foot landscape buffer
adjacent to the street and plantings of two canopy trees, two understory trees, and six shrubs,
within the landscape buffer and 2) restricted vehicle ingress and egress to the parking lot from
the alley adjacent to the west of the proposed parking lot, limiting potential traffic congestion at
the intersection of Custer and College. Paul Galles, 1836 West 11th Avenue and Dan Petsch,
representing Grand Island Senior High School spoke in support. Douglas and Mary Lanfear,
2128 North Custer and Jim O’Neill, 2426 North Custer spoke in opposition. No further public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3604 Faidley Avenue (Concord
Development, LLC). Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 3604 Faidley Avenue was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers for the purpose of
electrical service to eight apartment buildings. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 3428 West Capital Avenue
(Casey’s Retail Company). Gary Mader, Utilities Department Director reported that acquisition
of a utility easement located at 3428 West Capital Avenue was needed in order to have access to
install, upgrade, maintain, and repair power appurtenances, including lines and transformers for
the purpose of placing primary electrical conduit, cable, and a pad-mounted transformer to a new
convenience store and gas station. Staff recommended approval. No Public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 703 South Lincoln Avenue (John
s. and Dianne Schulte, Curt Ratliff, and Tim Plate). Gary Mader, Utilities Department Director
reported that acquisition of a utility easement located at 703 South Lincoln Avenue was needed
in order to have access to install, upgrade, maintain, and repair power appurtenances, including
lines and transformers for the purpose of placing a single phase primary electrical cable and a
pad-mounted transfer to provide service to a new four-plex apartment building. Staff
recommended approval. No Public testimony was heard.
Page 3, City Council Regular Meeting, November 23, 2010
Public Hearing on Acquisition of Utility Easement Located at 1912 N. Lafayette Avenue (Hall
Count y School District No. 2). Gary Mader, Utilities Department Director reported that
acquisition of a utility easement located at 1912 N. Lafayette Avenue was needed in order to
have access to install, upgrade, maintain, and repair power appurtenances, includ ing lines and
transformers for the purpose of placing New underground conduit, primary cable and a pad-
mounted transfer to provide electrical service to Grand Island Senior High’s new building. Staff
recommended approval. No Public testimony was heard.
ORDINANCES:
Councilmember Meyer moved “that the statutory rules requiring ordinances to be read by title on
three different days are suspended and that ordinances numbered:
#9279 – Consideration of Creating Water Main District 458T – Blaine Street from
Schimmer to Wildwood, and Wildwood, from Blaine to Gold Core Drive
#9280 – Consideration of Assessments for Sidewalk District No. 1, 2007
#9281 – Consideration of Creating Sanitary Sewer Connection District No. 527T; Gravity
Main, Force Main, and Lift Station for Platte Valley industrial Park
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 second 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.
Utilities Director Gary Mader reported that Ordinance #9279 would create Water Main District
458T along Blaine Street from Schimmer Drive to Wildwood Drive; and in Wildwood from
Blaine Street to Gold Core Drive. This project is adjacent to the Economic Development
Corporation owned property at the Platte Valley Industrial Park. This would be a 16” diameter
water line and would be constructed as a Connection District.
Public Works Director Steve Riehle reported Ordinance #9280 was the action item for the
aforementioned Board of Equalization. Ordinance #9281 would create Sanitary Sewer
Connection District No. 527T; gravity main, force main, and lift station for the Platte Valley
Industrial Park East.
Motion by Carney, second by Nickerson to approve Ordinances #9279, #9280 and #9281.
City Clerk: Ordinances #9279, #9280 and #9281 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 #9279, #9280 and #9281 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 #9279, #9280 and #9281 are declared to be lawfully adopted upon publication as
required by law.
Page 4, City Council Regular Meeting, November 23, 2010
CONSENT AGENDA: Consent Agenda items G-15 and G-19 were removed for further
discussion. Motion by Zapata, second by Gericke to approve the Consent Agenda excluding
items G-15 and G-19. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 9, 2010 City Council Regular Meeting.
Approving Minutes of November 16, 2010 City Council Study Session.
Approving Re-Appointments of Denzel Rasmussen and Jack Henry and New Appointment of
Jolene Wojcik to the Grand Island Facilities Corporation Board.
#2010-321 – Approving Extending Agreement for Dedicated Parking Stalls in the Public Parking
Lot at 3rd and Pine Streets to the Nebraska Department of Health and Human Services for five
years at a rate of $20.00 per month per stall.
#2010-322 – Approving Acquisition of Utility Easement Located at 3604 Faidley Avenue
(Concord Development, LLC).
#2010-323 – Approving Acquisition of Utility Easement Located at 3428 West Capital Avenue
(Casey’s Retail Company).
#2010-324 – Approving Acquisition of Utility Easement Located at 703 South Lincoln Avenue
(John S. and Dianne Schulte, Curt Ratliff, and Tim Plate).
#2010-325 – Approving Acquisition of Utility Easement Located at 1912 N. Lafayette Avenue
(Grand Island School District No. 2).
#2010-326 – Approving Bid Award for Coal Supply at Platte Generating Station for 2011 and
2012 with Arch coal Sales Company, Inc.
#2010-327 – Approving Acquisition of Utility Easement from Robin and Barbara Irvine Located
on North Engleman Road for Water Main District 456T in an Amount of $1,945.00.
#2010-328 – Approving Bid Award for Water Main District 456T – Engleman Road & Potash
Highway – 13th Street to Potash Highway with The Diamond Engineering Company of Grand
Island in an Amount of $497,326.50.
#2010-329 – Approving Certificate of Final Completion for Sanitary Sewer Manhole
Rehabilitation Project 2010-MH-REHAB-1 with Midlands Contracting, Inc. of Kearney,
Nebraska.
#2010-330 – Approving the Adoption of the Resolution to Comply with Local Public Agency
Guidelines Manual by Designating Steven Riehle and Scott Griepenstroh as Responsible Charge.
#2010-331 – Approving Authorization for Emergency Sanitary Sewer Repairs on Bismark Road,
Between Sycamore Street and Kimball Street to The Diamond Engineering Company of Grand
Island, Nebraska not-to-exceed $27,000.00.
Page 5, City Council Regular Meeting, November 23, 2010
#2010-333 – Approving Bid Award for Outdoor Warning Sirens to DANKO Emergency
Equipment of Snyder, Nebraska in an Amount of $48,929.12.
#2010-334 – Approving Contract for CrimeMapping Services with The Omega Group of San
Diego, California free for one year.
#2010-335 – Approving MOU with the Federal Bureau of Investigations for Safe Streets Task
Force.
#2010-337 – Approving HVAC Energy Efficiency Improvement Upgrades with Myers Heating
and Air, Fire Station 3 - $7,500; Fire Station 4 - $16,500: Midwest Sheet Metal Co., Inc., Fire
Station 2 - $18,450; and Overhead Door, Fire Station 2 - $2,255, Fire Station 3 - $144.20 and
Fire Station 4- $144.20.
#2010-332 – Approving Bid Award for Hybrid 4-Door Sedan to Performance Toyota of Lincoln,
Nebraska in an Amount of $21,525.00. Fire Chief Troy Hughes answered questions regarding
the maintenance, mileage, and research of other cities with Hybrid cars.
Motion by Ramsey, second by Zapata to approve Resolution #2010-332. Upon roll call vote, all
voted aye. Motion adopted.
#2010-336 – Approving Financing for Heavy Duty Rescue Pumper Truck. Discussion was held
regarding financing these types of purchases. Finance Director Mary Lo u Brown stated the price
and length of financing had not been finalized yet. Fire Chief Troy Hughes stated this truck
would replace two current trucks.
Motion by Meyer, second by Niemann to approve Resolution #2010-336. Upon roll call vote,
Councilmember’s Meyer, Niemann, Carney, Ramsey, Zapata, Nickerson, and Gericke voted aye.
Councilmember Haase voted no. Motion adopted.
REQUEST S AND REFERRALS:
Consideration of Request from Paul Galles PR for a Conditional Use Permit for Off-Site Parking
Lot for Grand Island Senior High School Located at 2104 North Custer Avenue. This item
related to the aforementioned Public Hearing.
Motion by Niemann, second by Ramsey to approve the request from Paul Galles PR for a
Conditional Use Permit for Off-Site Parking Lot for Grand Island Senior High School Located at
2104 North Custer Avenue with the following conditions: 1) landscape provisions in the City
Code would require a ten foot landscape buffer adjacent to the street and plantings of two canopy
trees, two understory trees, and six shrubs, within the landscape buffer and 2) restricted vehicle
ingress and egress to the parking lot from the alley adjacent to the west of the proposed parking
lot, limiting potential traffic congestion at the intersection of Custer and College.
Discussion was held concerning staff parking vs. student parking. Dan Petsch stated this was
seriously considered. The School would be willing to pave the alley. Traffic at College and
Custer was mentioned as a concern as well as the entrance and exits to the parking lot.
Page 6, City Council Regular Meeting, November 23, 2010
Dr. Kent Mann, 1603 Zola Court commented on his concerns of this being just a faculty parking
lot. Dr. Mann mentioned the school would like to use this parking lot for special events also.
Discussion was held concerning enforcement of this lot. Dr. Mann explained the process of
patrolling the parking lot and issuing tickets to students who do not comply.
Motion by Niemann, second by Meyer to amend the main motion to designate this parking lot as
non-student parking only. Upon roll call vote, all voted aye. Motion adopted.
Motion by Gericke, second by Haase to amend the main motion to require the alley to be paved
adjacent to the property proposed for parking. Upon roll call vote, all voted aye. Motion adopted.
Upon roll call vote of the main motion, councilmember’s Meyer, Niemann, Ramsey, Zapata, and
Nickerson voted aye. Councilmember’s Haase, Carney, and Gericke voted no. Mayor Hornady
cast the deciding vote in favor. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Meyer, second by Nickerson to approve the Claims for the period of November 10,
2010 through November 23, 2010, for a total amount of $3,294.935.75. Unanimously approved.
Motion by Meyer, second by Nickerson to approve the Claims for the Period of November 10,
2010 through November 23, 2010 for the Veterans Athletic Field Complex for a total amount of
$12,419.40. Unanimously approved.
Motion by Meyer, second by Nickerson to approve the Claims for the Period of November 10,
2010 through November 23, 2010 for the State Fair Recreation Building for a total amount of
$48,291.00. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:40 p.m.
RaNae Edwards
City Clerk
Item -2
Acceptance of Election Certificate
State law requires the governing body to formally accept the certificate of election issued by
the Hall County Election Commissioner for the November 2, 2010 Mayor and City Council
General Election. An election certificate containing the vote totals and results is attached. A
MOTION to accept the election certificate is in order.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item -3
Comments by Outgoing Officials
This is an opportunity for comments by the outgoing elected Officials.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item -4
Recess
The meeting will be recessed momentarily to prepare for the transition to the new governing
body. The newly elected officials will remain seated in the audience until such time as they
are called forward for the Oath of Office which will be administered by the City Clerk at the
podium.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item -5
Administration of Oath to Newly Elected Mayor and
Councilmember’s
City Clerk RaNae Edwards will administer the Oath of Office to newly Elected Mayor Jay
Vavricek, Councilmember's Randy Gard - Ward 1 and Linna Dee Donaldson - Ward 3 and
the three returning Councilmember's Peg Gilbert - Ward 2, Mitchell Nickerson - Ward 4, and
John Gericke - Ward 5.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item -6
Seating of Newly Elected Councilmember’s followed by Roll Call
Following the administration of the Oath of Office to Mayor Jay Vavricek, Councilmember's
Randy Gard, Peg Gilbert, Linna Dee Donaldson, Mitchell Nickerson, and John Gericke,
seating will take place at the City Council table.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item -7
Comments by Newly Elected Officials
At this time, comments will be made by the newly elected Officials.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact:
City of Grand Island City Council
Item -8
Election of City Council President
The City Council is required to elect one Councilmember to the office of Council President.
The term is for a one-year period. The Council President automatically assumes the duties of
the Mayor in the event that the Mayor is absent or otherwise unable to fulfill his/her duties.
Nebraska law allows the election of the Council President to be by secret ballot. The total
number of votes for each candidate; however, must be stated and recorded in the Minutes.
Past practice has included a run-off election between the top two nominees, if necessary. The
City Clerk will prepare, distribute, and count ballots. Nominations to fill the vacancy are in
order. A second is not required on nominations.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item E1
Public Hearing on Request from Blazin Wings, Inc. dba Buffalo
Wild Wings Grill & Bar, 809 Allen Drive for a Class "I" Liquor
License
Tuesday, December 07, 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: December 7, 2010
Subject: Public Hearing on Request from Blazin Wings, Inc. dba
Buffalo Wild Wings Grill & Bar, 809 Allen Drive for a
Class “I” 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
Blazin Wings, Inc. dba Buffalo Wild Wings Grill & Bar, 809 Allen Drive has submitted
an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the
sale of alcohol on sale only 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.
Also submitted with this application was a Liquor Manger Designation request from
Shane Cooley, 4745 N. 173rd Circle, Omaha, Nebraska.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Blazin Wings, Inc. dba Buffalo Wild Wings Grill &
Bar, 809 Allen Drive for a Class “I” Liquor License contingent upon final inspections
and Liquor Manager designation for Shane Cooley, 4745 N. 173rd Circle, Omaha,
Nebraska contingent upon Mr. Cooley completing a state approved alcohol server/seller
training program.
11/29/10 Grand Island Police Department 450
15:39 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 13:47:42 11/15/2010
Occurred before : 13:47:42 11/15/2010
When reported : 13:47:42 11/15/2010
Date disposition declared : 11/16/2010
Incident number : L10111880
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 809 Allen Dr
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 : 32512
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application from Buffalo Wild Wings and a
Copy of a Liquor Manager Application from Shane Cooley.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
11/29/10 Grand Island Police Department 450
15:39 LAW INCIDENT TABLE Page: 2
1 Vitera D 14:38:09 11/29/2010
318
Grand Island Police Department
Supplemental Report
Date, Time: Mon Nov 29 14:38:22 CST 2010
Reporting Officer: Vitera
Unit- CID
Buffalo Wild Wings is building a restaurant at 809 Allen Drive. They are
applying for a Class I Liquor License which will allow them to sell beer, wine,
and distilled spirits on sale only. The application lists four people and their
spouses. Sally Smith is listed as the President/CEO. Craig Smith is her
husband. Mary Twinem is listed as the Secretary/Treasurer. Craig Twinem is her
husband. James Schmidt is listed as the Executive Vice President. Lynne Clark
is listed as his wife. Matthew Brokl is listed as the Vice President. Andrea
Brokl is listed as his wife. All of the above mentioned people have
out-of-State addresses. I ran them all through Spillman and NCJIS and couldn't
find any information on any of them.
Since I can't run criminal history checks for liquor license investigations, and
all of the applicants live out of state, this investigation will have to rely on
the fingerprint submissions, NSP investigation, and the NLCC decision. With all
of the Buffalo Wild Wing restaurants around the United States, I can't imagine
that any of the officers on the application would be ineligible to receive a
liquor license. Local input is very difficult when none of the people listed on
the application are local.
I also received a copy of a liquor manager application from Shane Cooley for
Buffalo Wild Wings. Shane is 36 years old and currently lives in Omaha. He has
also lived in Colorado and Tennessee. Wendy Cooley is Shane's wife. Wendy
signed a Spousal Affidavit of Non-Participation. Shane didn't disclose any
violations. I ran Shane and Wendy through Spillman and NCJIS. Neither of them
are in Spillman. They are both in NCJIS. They didn't have any convictions.
The Cooley's have lived in Nebraska off and on for about seven years. I did not
attempt to check on them through Colorado or Tennessee.
Assuming there are no problems at the State level, the GIPD has no objection to
Buffalo Wild Wings receiving a liquor license or to Shane Cooley being the
liquor manager.
Item E2
Public Hearing on Request from Friesen Management, Inc. dba
Sam and Louie’s NYP, 928 Concord Avenue for a Class "C"
Liquor License
Tuesday, December 07, 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: December 7, 2010
Subject: Public Hearing on Request from Friesen Management,
Inc. dba Sam and Louie’s NYP, 928 Concord Avenue for
a Class “C” Liquor License
Item #’s: E-2 & I-2
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
Friesen Management, Inc. dba Sam and Louie’s NYP, 928 Concord Avenue 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.
Also submitted with this application was a Liquor Manger Designation request from
Donald Friesen, 4030 W. Husker Highway.
Donald Friesen stated on the application that he had been convicted of a Class I
Misdemeanor. Nebraska State Statute 53-125 says that a liquor license shall not be issued
to anyone who has plead guilty or been convicted of a Class I Misdemeanor under
Chapter 28, Article 3, 4, 7, 8, 10, 11, and 12. Donald’s conviction is a Class I
misdemeanor under Chapter 28, Article 3.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council deny this application.
Sample Motion
Move to deny the application for Friesen Management, Inc. dba Sam and Louie’s NYP,
928 Concord Avenue for a Class “C” Liquor License based on the conviction of Donald
Friesen for a Class I Misdemeanor and the Police Department Report.
12/01/10 Grand Island Police Department 450
14:12 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 13:27:07 11/22/2010
Occurred before : 13:27:07 11/22/2010
When reported : 13:27:07 11/22/2010
Date disposition declared : 11/22/2010
Incident number : L10112571
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 928 Concord Ave
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 : 34984
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
NM 29757 12/01/10 Friesen, Donald L Owner
NM 112438 12/01/10 Friesen, Lanette M Owner
NM 161877 12/01/10 Sam & Louie's NYP, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application for Sam & Louie's NYP and a
Copy of a Liquor Manager Application from Donald Friesen.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
12/01/10 Grand Island Police Department 450
14:12 LAW INCIDENT TABLE Page: 2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 11:04:52 12/01/2010
Grand Island Police Department
Supplemental Report
Date, Time: Wed Dec 01 11:05:07 CST 2010
Reporting Officer: Vitera
Unit- CID
According to this application, Donald and Lanette Friesen are the owners of this restaurant who are
seeking a Class C Liquor License (beer, wine, distilled spirts, on & off sale). The first thing that
jumped out at me is that Donald disclosed a conviction for Third Degree Assault (among other
things). I checked NCJIS and confirmed that Donald plead guilty to Third Degree Assault (28-310,
CL I MO). Nebraska State Statue 53-125 says that a liquor license shall not be issued to anyone
who has plead guilty or been convic ted of a Class I Misdemeanor under Chapter 28, Article 3, 4, 7,
8, 10, 11, 12. Donald's conviction is a Class I Misdemeanor under Chapter 28, Article 3. See (5) in
53-125 below.
Nebraska Revised Statute 53-125
53-125. Classes of persons to whom no license issued.
No license of any kind shall be issued to (1) a person who is not a resident of Nebraska, except in
case of railroad, airline, or boat licenses, (2) a person who is not of good character and reputation in
the community in which he or she resides, (3) a person who is not a citizen of the United States, (4)
a person who has been convicted of or has pleaded guilty to a felony under the laws of this state,
any other state, or the United States, (5) a person who has been convicted of or has pleaded guilty
to any Class I misdemeanor pursuant to Chapter 28, article 3, 4, 7, 8, 10, 11, or 12, or any similar
offense under a prior criminal statute or in another state, except that any additional requirements
imposed by this subdivision on May 18, 1983, shall not prevent any person holding a license on
such date from retaining or renewing such license if the conviction or plea occurred prior to May
18, 1983, (6) a person whose license issued under the Nebraska Liquor Control Act has been
revoked for cause, (7) a person who at the time of application for renewal of any license issued
under the act would not be eligible for such license upon initial application, (8) a partnership,
unless one of the partners is a resident of Nebraska and unless all the members of such partnership
are otherwise qualified to obtain a license, (9) a limited liability company, if any officer or director
of the limited liability company or any member having an ownership interest in the aggregate of
more than twenty-five percent of such company would be ineligible to receive a license under this
section for any reason other than the reasons stated in subdivisions (1) and (3) of this section, or if a
manager of a limited liability company licensee would be ineligible to receive a license under this
section for any reason, (10) a corporation, if any officer or director of the corporation or any
stockholder owning in the aggregate more than twenty-five percent of the stock of such corporation
would be ineligible to receive a license under this section for any reason other than the reasons
stated in subdivisions (1) and (3) of this section, or if a manager of a corporate licensee would be
ineligible to receive a license under this section for any reason. This subdivision shall not apply to
railroad licenses, (11) a person whose place of business is conducted by a manager or agent unless
such manager or agent possesses the same qualifications required of the licensee, (12) a person who
does not own the premises for which a license is sought or does not have a lease or combination of
leases on such premises for the full period for which the license is to be issued, (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, (14) a person seeking a license for premises which do not meet standards for fire safety as
established by the State Fire Marshal, (15) a law enforcement officer, except that this subdivision
shall not prohibit a law enforcement officer from holding membership in any nonprofit
organization holding a liquor license or from participating in any manner in the management or
administration of a nonprofit organization, or (16) a person less than twenty-one years of age.
When a trustee is the licensee, the beneficiary or beneficiaries of the trust shall comply with the
requirements of this section, but nothing in this section shall prohibit any such beneficiary from
being a minor or a person who is mentally incompetent.
Donald's assault conviction automatically disqualifies him from receiving a liquor license. The
GIPD suggests that the Council recommend a denial of this liquor license application.
Item E3
Public Hearing on Request from Geotechnical Services, Inc. for a
Conditional Use Permit for a Soil Vapor Extrication Trailer
Installation Located at 417 North Sycamore Street
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: December 7, 2010
Subject: Request of Geotechnical Services on behalf of R, D & D
Inc. for a Conditional Use Permit for a Temporary Trailer
Located at 417 N. Sycamore Street
Item #’s: E-3 & H-1
Presenter(s): Craig Lewis – Building Department Director
Background
This request is for approval of a conditional use permit to allow for the continued
placement of a vapor extraction trailer to facilitate the removal of free phase petroleum
from groundwater at the site. The site is currently zoned (B-2) General Business. Trailers
and temporary buildings are only allowed within this zoning classification if approved by
the City Council in the form of a conditional use permit.
A permit was granted by the City Council on November 14, 2006 for a two year period
with the condition that any displaced landscaping was to be replaced within the next six
months. An additional two year conditional use permit was requested and approved on
October 28, 2008 again with the condition that the required landscaping be installed
within 60 days of the approval.
On January 7, 2009 the Building Department sent a letter to the owners of record of the
property requesting that the required landscaping be completed within the next 30 days or
by February 17, 2009 as the property was in violation of the City Code and the conditions
established by the city council for approval of the conditional use permit.
On January 26, 2009 the property was inspected and there appeared to be planting in
conformance with the city code.
Discussion
This proposal is to allow for the continued use of the trailer at the site to aid in the clean
up of groundwater. The proposed length of time is for three to five additional years,
however the City code provides a two year approval. The site location is such that it
would not appear that this request will have any negative impact on the neighboring
properties, and no concerns have been presented in the last two years of operation.
In 1995 as a building addition was constructed landscaping regulations were applicable
and the proposed location for the trailer conflicts with the location of that required
landscaping and the approval in 2006 and again in 2008 required any landscaping
displaced was to be replaced. It appears that again the required landscaping has not been
maintained or attended, it is difficult to tell if this area is intended to be landscaping or
unattended volunteer trees and weeds. Any additional approvals of this request should
only be allowed if the landscaping is replaced and brought into compliance with
landscaping regulations.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for a conditional use permit finding that the proposed use
is a listed conditional use in the zoning code and that it will not be detrimental
to public health, safety, and the general welfare of the community.
2. Disapprove or /Deny the request finding that the proposal dose not conform to
the purpose of the zoning regulations.
3. Modify the request to meet the wishes of the Council
4. Refer the matter to a special committee for a determination of a finding of
fact.
5. Table the issue.
Recommendation
City Staff recommends that the Council deny the request until such time as the property
has demonstrated a willingness to comply with the city code and maintain the
landscaping required by the City code and zoning regulations, finding that the proposal
does no t promote the health , safety, and general welfare of the community, does not
protect the property against blight and depreciation, and is generally not harmonious with
the surrounding neighborhood.
Sample Motion
Move to deny the request for a conditional use permit to allow for the continued use of a
temporary vapor extraction facility for a two year period, finding that the applications
does not conform with the provisions of the zoning regulations.
Item G1
#2010-338 - Approving Designated Depositories and City
Treasurer Authorizations
Tuesday, December 07, 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: December 7, 2010
Subject: Approving Designated Depositories and City Treasurer
Authorizations
Item #s: G-1
Presenter(s): Mary Lou Brown, Finance Director
Background
The last update of this document occurred in October 2009. It is now necessary to update the
comprehensive list of depositories to reflect one name change that has occurred.
Discussion
The document updates the name change of TierOne to Great Western Bank. The list as
included in the Resolution is comprehensive. The change is included in paragraph number 1;
there were no changes to any of the remaining paragraphs.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the Resolution as presented.
2. Postpone the issue to a future meeting.
3. Take no action.
Recommendation
City Administration recommends that the Council approve the changes to the depository
institutions.
Sample Motion
Move to approve the designated depositories.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-338
WHEREAS, in Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at all
times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and
responsible standing all money collected, received or held by him/her as city treasurer; and
WHEREAS, in Section 16-713, R.R.S.1943, the city treasurer may purchase certificates of
deposit from and make time deposits in banks or capital stock financial institutions selected as depositories
of city funds; and
WHEREAS, in Section 16-714 R.R.S. 1943, for the security of the fund so deposited, the
city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits
and the accretions thereof, which bond shall run to the city and be approved by the mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that
1. Wells Fargo Bank Nebraska, N.A.; Great Western Bank; USbank, Union Bank
and Trust Co.; Nebraska Public Agency Investment Trust (NPAIT); Smith Hayes
Financial Services Corporation; ICMA Retirement Corp.; A.G. Edwards & Sons,
Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; The Equitable
Building and Loan Association; Platte Valley State Bank & Trust Company; Five
Points; Bank of New York Mellon; Cornerstone Bank; and Exchange Bank be
and hereby are, designated and approved as depositories for all money collected,
received or held by the City of Grand Island, Nebraska.
2. The Finance Director or his/her designee, in his/her official capacity of the office, is
directed and authorized to deposit such funds in said banks and capital stock
financial institutions.
3. This authorization shall include the deposits of public funds in the hands of the
Finance Director or his/her designee belonging to the City of Grand Island,
Nebraska; the Tri-City Task Force; and the Grand Island Community
Redevelopment Authority (CRA).
4. The Finance Director or his/her designee is hereby authorized to purchase
certificates of deposit, treasury notes, treasury bills, treasury bond and or strips
from the above named banks and capital stock financial institutions selected as
depositories.
5. The Finance Director or his/her designee is hereby authorized by the mayor to
require the depositories designated by this resolution to give security for the
safekeeping and payment of City deposits and the accretion thereof, such security
- 2 -
to be in the form and amounts as required by Nebraska statute and the Public
Funds Deposit Security Act.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G2
#2010-339 - Approving Redemption of Solid Waste Bonds
Tuesday, December 07, 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
Jeff Wattier, Solid Waste Superintendent
Meeting: December 7, 2010
Subject: Redemption of Solid Waste Bonds
Item #s: G-2
Presenter(s): Mary Lou Brown, Finance Director
Background
The Solid Waste Agency ended the Fiscal Year 2009/2010 with a total cash balance of
just over $8 million; $3.6 million of that cash balance is restricted for landfill closure
costs. The budget for Fiscal Year 2010/2011 adds an additional restricted cash category
for future expansion of approximately $3.1 million. The additional restricted cash
category was added to set aside funds for the construction of cell number 3.
Discussion
The Grand Island Area Solid Waste Agency, Solid Waste Disposal Facilities Revenue
Refunding Bonds, Series 2004, date of original issue September 1, 2004 are outstanding
in the amount of $685,000 and are due in the years 2011 and 2012. These bonds were
originally issued for the purpose of refunding the Agency’s Solid Waste Disposal
Facilities Revenue Refunding Bonds, Series 1998. The Series 1998 Bonds were in turn
issued for the purpose of refunding the Agency’s Solid Waste Facilities Revenue Bonds,
Series 1992 which were issued for the purpose of paying the cost of constructing and
acquiring solid waste disposal facilities and systems to service the City of Grand Island
and Hall County.
These Bonds are subject to redemption any time following September 1, 2009.
The interest rate on the Bonds maturing October 15, 2011 is 3.65% and the rate on the
Bonds maturing October 15, 2012 is 3.85%. The City of Grand Island maintains a very
conservative approach to investments and primarily utilizes Certificates of Deposit.
These investments are currently earning less than 1%.
The Agency and the Finance Department believe that a prudent course of action is to
utilize a portion of the unrestricted cash balance and redeem the remaining outstanding
Bonds. The redemption of the outstanding bonds would require a cash outflow of
$685,000; interest savings of approximately $34,000 would be incurred over the two year
time period. The interest that would have been earned over the two year period on the
$685,000 would be less than $6,000; the net savings is therefore approximately $28,000.
If Council approves the redemption of these bonds, the Bonds will be called for payment
on January 12, 2011. The paying agent and registrar for the Bonds is Wells Fargo Bank,
National Association.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Resolution to redeem the Grand Island Area Solid Waste
Agency, solid Waste Disposal Facilities Revenue Refunding Bonds, Series
2004.
2. Postpone the issue to a future meeting.
3. Take no action.
Recommendation
City Administration recommends that the Council approve the Resolution to redeem the
Grand Island Area Solid Waste Agency, Solid Waste Disposal Facilities Revenue
Refunding Bonds, Series 2004.
Sample Motion
Move to approve the redemption of the Grand Island Area Solid Waste Agency, Solid
Waste Disposal Facilities Revenue Refunding Bonds, Series 2004.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-339
WHEREAS, it is necessary and advisable that the following bonds (Bonds) in accordance
with their option provisions, are hereby called for payment on January 12, 2011, after which date interest on
the Bonds will cease:
Grand Island Area Solid Waste Agency, Solid Waste Disposal Facilities Revenue
Refunding Bonds, Series 2004, date of original issue September 1, 2004 presently
outstanding in the principal amount of $685,000, due in years 2011 and 2012, issued for
the purpose of refunding said Agency’s Solid Waste Disposal Facilities Revenue Refunding
Bonds, Series 1998. The Series 1998 bonds were issued for the purpose of refunding the
Grand Island Area Solid Waste Agency’s Solid Waste Facilities Revenue Bonds, Series
1992, which were issued for the purpose of paying the cost of constructing and acquiring
solid waste disposal facilities and systems to service the City of Grand Island and Hall
County. The Series 2004 Bonds mature and bear interest as follows:
Principal Maturity Interest CUSIP
Amount Date Rate No.
$335,000 October 15, 2011 3.65% 385626BR6
$350,000 October 15, 2012 3.85% 385626BS4
Said Bonds are hereinafter referred to as the “Refunded Bonds.”
Said bonds are subject to redemption at any time on or after September 1, 2009, as a
whole or in part from time to time at the principal amount thereof, plus accrued interest on
such principal amount then being redeemed to the date fixed for such redemption; and
WHEREAS, the principal of and interest on the Refunded Bonds shall be paid upon
presentation and surrender thereof at the designated corporate trust office of Wells Fargo Bank, National
Association, in Lincoln, Nebraska (the “Paying Agent”), as paying agent and registrar for the Refunded
Bonds; and
WHEREAS, a true copy of this resolution shall be filed immediately with the Paying Agent
and the Paying Agent is hereby instructed to mail notice to each registered owner of the bonds not less than
thirty days prior to the date fixed for redemption and to give any other notice as may be required by the
Depository Trust Company; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
The above Bonds be redeemed on January 12, 2011.
- - -
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G3
#2010-340 - Approving Final Plat and Subdivision Agreement for
Anderson Third Subdivision
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 7, 2010
Subject: Anderson Third Subdivision – Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Stolley Park Rd and west of Webb Rd., this final plat
proposes to create 1 lot on a tract of land in Part of the North half of the Northeast
Quarter (N1/2, NE1/4) of Section Twenty-Four (24), Township Eleven (11) North, Range
Ten (10) West of the 6th P.M. in the city of Grand Island in Hall County, Nebraska, said
tract containing 5.165 acres.
Discussion
The revised final plat for Anderson Third Subdivision was considered by the Regional
Planning Commission at the December 1, 2010 meeting. A motion was made by Eriksen
and seconded by Haskins to approve the plat as presented. A roll call vote was taken and
the motion passed with 12 members present (Amick, Aguilar, O’Neill, Ruge, Hayes,
Eriksen, Reynolds, Monter, Bredthauer, Haskins, Connelly, Snodgrass) voting in favor no
member present abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Anderson Third Final Plat Summary
Developer/Owner
Melodee Anderson
3823 S Hwy 34
Grand Island NE 68801
To create 1 lot along Old Potash Hwy., north of Stolley Park Rd., and west of Webb Rd.
in the City of Grand Island, in Hall County, Nebraska.
Size: .5.165 acres
Zoning: M2 – Heavy Manufacturing Zone
Road Access: City Roads
Water Public: City water is available
Sewe r Public: City sewer is available
Approved as to Form ¤ ___________
December 3, 2010 ¤ City Attorney
R E S O L U T I O N 2010-340
WHEREAS, Melodee A. Anderson, an unmarried widow, being the owner of the land
described hereon, has caused same to be surveyed, subdivided, platted and designated as
“ANDERSON THIRD SUBDIVISION”, to be laid out into 1 lot, Part of the North Half of the
Northeast Quarter (N1/2, NE1/4) of Section Twenty-Four (24), Township Eleven (11) North, Range
Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, under the name of
ANDERSON THIRD SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf
of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of ANDERSON THIRD
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2010-341 - Approving Amendment No. 4 to the Agreement with
Kirkham Michael for Engineering Consulting Services for the
Wasmer Detention Cell
Tuesday, December 07, 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: December 7, 2010
Subject: Approving Amendment No. 4 to the Agreement with
Kirkham Michael for Engineering Consulting Services
for the Wasmer Detention Cell
Item #’s: G-4
Presenter(s): Steven P. Riehle, Public Works Director
Background
The US Highway 30 Widening Project was designed to outlet storm water to the City’s
storm sewer system. The City’s system is being up graded by the Wasmer Detention Cell
Project to accommodate this increased storm water runoff. The Wasmer Detention Cell
Project includes 3 connections between the US Highway 30 storm sewer and the
detention cell. The connections begin at the highway on Lo gan Street, Broadwell Avenue
& Madison Street. The project also involves 2 connections between the existing City
storm sewer on Monroe Street and the detention cell. The northeast connection allows
water in the storm sewer system to flow into the detention cell. The southeast connection
allows water to be metered out of the detention cell to the existing Monroe Street storm
sewer.
Any amendments to an agreement must be approved by the City Council. On July 25,
2006 the City Council approved a resolution to enter into an agreement with Kirkham
Michael for Engineering Consulting Services on the Wasmer Detention Cell Project. The
$66,874.44 agreement provided for design of storm sewer from the Nebraska Department
of Roads project to widen US Highway 30 to the Wasmer Detenion Cell.
On January 9, 2007 the City Council approved Amendment No. 1 to the original
agreement for $18,000.00. Amendment No. 1 provided for additional survey and design
work related to utility and drainage conflicts.
The DR73a Programming Request for this project was approved by the Department of
Roads and the Federal Highway Administration (FHWA) in February 2007.
On April 14, 2009 the City Council approved Amendment No. 2 for $7,730.00.
Amendment No. 2 provided for grading, permits, utility conflict details, updates to
quantities and opinion of costs. Prior to work beginning under Amendment No. 2 Public
Works Engineering Staff was notified that the Nebraska Department of Roads was going
to require the project to go through their bid letting system.
On June 9, 2009 the City Council approved Amendment No. 3 for $36,467.21. Since no
work was started on Amendment No. 2, it was rolled into Amendment No. 3. In addition
to the work under Amendment No. 2, Amendment No. 3 provided fo r completion of the
National Environmental Policy Act (NEPA) Determination Form, Categorical Exclusion
Documentation Form, draft of City Standard Plans for inclusion into the plans as Special
Plan Sheets and other design work for the project to be bid by the Nebraska Department
of Roads.
Discussion
The FHWA allows federal aid funds to be used for up to 80% of eligible project costs.
The FHWA will not participate in drainage improvements to accommodate storm water
runoff for more than one block away from a federal aid route. Additional civil
engineering work is needed on this project to determine participation levels in the project
based on this FHWA guidance.
It is necessary to amend the agreement for consulting services with Kirkham Michael so
that justification can be provided to FHWA for Federal Aid participation in this project.
The services assocated with this amendment are as follow:
· Review and justify why three separate outlets are proposed to be constructed
down Logan Street, Broadwell Avenue and Madison Street;
· Justify the use of 36" culvert pipe instead of smaller culvert pipe due to the flat
grades;
· Verify the anticipated detention pond drainage rate;
· Provide history discussing reasons this work was not included in the Second
Street project;
· Determine the percentages of participating and non-participating project waters
based on participating contributions of storm water runoff; and
· Provide an overall summary report of all findings.
The report and supporting calculations for all items will be provided to the NDOR Local
Projects Division for review, then to the Nebraska Division of the FHWA for their
determination of the level of Federal Aid participation. Once the federal aid participation
level is determined, the City will make a determination on whether the project is still
viable to proceed as originally designed or if it should be reduced in scope. A reduced
project could include portions or all of the 3 identified connections between the US
Highway 30 storm sewer and the Wasmer Detention cell. A reduced project would
include both of the connections into and out of the Wasmer Detention cell.
The work covered by Amendment No. 4 will be performed based on actual costs with a
maximum of is $16,292.01, for a revised contract total of $137,633.66.
Original Agreement $66,874.44
Amendment No. 1 $18,000.00
Amendment No. 2 $7,730.00
Work to be Performed Under Amendment No. 2 ($7,730.00)
Amendment No. 3 $36,467.21
Amendment No. 4 $16,292.01
Total Revised Agreement
$137,633.66
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 – If the work proposed in the amendment is not
performed, the project cannot move forward.
Recommendation
Public Works Administration recommends that the Council approve the amendment to
the agreement.
Sample Motion
Move to approve the amendment.
Amendment #4 Authorizing a
Change in Scope of Services
In accordance with the Agreement Terms and Conditions between the City of Grand Island,
Nebraska and Kirkham Michael dated July 25, 2006, this Amendment describes change(s) to
the Scope of Services, Project Schedule and/or Engineering Fees for Kirkham Michael’s
services on the project known as:
Wasmer Detention Cell Storm Sewer Drainage
TOPIC: Engineering review of drainage to determine federal participation level in the
project
SCOPE: See Exhibit “A”
ENGINEERING FEES: See Exhibit “A”
TOTAL CHANGE IN PROJECT’S ESTIMATED FEES: $16,292.01
Direct Salary
Title Hours Rate/Hour Costs
Principal 2 $72.00 144.00$
Project Engineer 84 $21.09 1,771.56$
Project Manager 36 $36.97 1,330.92$
CADD Tech.15 $25.52 382.80$
Project Surveyor 4 $29.13 116.52$
Party Chief 26 $20.00 520.00$
Survey Assistant 26 $16.00 416.00$
Land Surveyor 2 $49.52 99.04$
Clerical 11 $16.76 184.36$
4,965.20$
181.7 9,021.77$
Travel 360 $0.50 180.00$
Meals -$
Printing -$
Telecommunications -$
180.00$
14,166.97$
2,125.05$
-$
16,292.01$
Kirkham Michael
Exhibit A
Engineering Study Phase
Item No. 2 - Labor and General & Administrative Overhead
Percentage of Direct Salary Costs
Grand Island Wasmer Drainage Project
Grand Island, Nebraska
Grand Island Wasmer Drainage Justification Study
Project No. 0906233
Item No. 1 - Direct Salary Costs
Total Direct Salary
Item No. 3 - Direct Non-Salary Expenses
Item No. 7 - Total Lump Sum Amount
Total Non-Salary Expenses
Item No. 4 - Subtotal of Items 1, 2, and 3
Item No. 5 - Fixed Fee: 15% Of Item 4
Item No. 6 - Subconsultants
TERMS AND CONDITIONS: The terms and conditions of the Agreement referenced above
shall apply to this Amendment except to the extent expressly modified by this Amendment. In
the event of any such modification, the modification shall be set forth on pages attached to this
Amendment and signed on the last page by the Authorized Representatives. The Article of the
Agreement to be modified shall be specifically referenced in the modification, and the
modification shall be precisely described.
The following signatures of the Authorized Representatives acknowledge acceptance of the
terms of this Amendment.
APPROVAL AND ACCEPTANCE:
City of Grand Island, Nebraska Kirkham Michael
MAYOR, JAY VAVRICEK PRESIDENT, ROGER M. HELGOTH, P.E.
DATE DATE
ATTEST:
CITY CLERK, RaNAE EDWARDS
Approved as to Form ¤ ___________
December 3, 2010 ¤ City Attorney
Approved as to Form ¤ ___________
December 3, 2010 ¤ City Attorney
R E S O L U T I O N 2010-341
WHEREAS, on July 25, 2006, by Resolution 2006-209, the City Council for the
City of Grand Island awarded the $66,874.44 proposal for engineering services for storm sewer
design for the Wasmer Detention Cell to Kirkham Michael of Omaha, Nebraska; and
WHEREAS, on January 9, 2007, by Resolution 2007-12, the City Council for the
City of Grand Island approved Amendment No. 1, in the amount of $18,000.00, to the original
agreement for consulting services to include additional surveys, utility research and water main
design work; and
WHEREAS, on April 14, 2009, by Resolution 2009-88, the City Council for the
City of Grand Island approved Amendment No. 2, in the amount of $7,730.00, to the original
agreement to include grading permits, utility conflict details, updates to quantities and opinion of
costs; and
WHEREAS, on June 9, 2009, by Resolution 2009-131, the City Council for the
City of Grand Island approved Amendment No. 3, which includes Amendment No. 2, in the
amount of $36,467.21, to the original agreement to include NEPA Determination Form,
Categorical Exclusion Documentation Form, drafting City Standard Plans for inclusion into the
plans as Special Plan Sheets and other design work for the project to be bid by the Nebraska
Department of Roads; and
WHEREAS, it is necessary to amend the agreement for consulting services to
include the review and justification of three separate outlets to be constructed down Logan
Street, Broadwell Avenue and Madison Street; justification for the use of 36” culvert pipe
instead of smaller culvert pipe due to flat grades; verification of the anticipated detention pond
drainage rate; an explanation of reasons this work was not included in the Second Street project;
determination of the percentages of participating and non-participating project waters; and an
overall summary report of all findings; and
WHEREAS, due to Kirkham Michael’s knowledge and experience working on
this project, it is recommended that they continue providing engineering work for the project;
and
WHERAS, the Nebraska Department of Roads must concur with the approval of
Amendment No. 4 in order to move forward.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 4, for the total
amount of $16,292.01, to the Agreement with Kirkham Michael for engineering consulting
services for storm sewer design relative to the Wasmer Detention Cell is hereby approved, with a
revised total agreement price of $137,633.66.
BE IT FURTHE RESOLVED, that the Mayor be, and hereby is, authorized and
directed to execute such agreement on behalf of the City of Grand Island.
- 2 -
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2010-342 - Approving Award of Construction Contract on
Project WWTP-2010-3 for Aeration Basin Improvements at the
Wastewater Treatment Plant
Tuesday, December 07, 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: December 7, 2010
Subject: Approving Award of Construction Contract on Project WWTP-
2010-3 for Aeration Basin Improvements at the Wastewater
Treatment Plant
Item #’s: G-5
Presenter(s): Steven P. Riehle, Public Works Director
Background
The City Council approved an agreement with Black & Veatch Corporation of Kansas City,
Missouri on October 13, 2009 for professional consulting engineering services on the Aeration
Basin Improvements for the Wastewater Treatment Plant.
The advertisement to bidders for the project for furnishing and installation of Aeration Basin
Improvements was published in the Grand Island Daily Independent on October 13, 2010. A
mandatory pre-bid meeting was held on October 27, 2010.
New Blowers
The primary purpose of the aeration basin improvements project is to replace existing aeration
equipment that is at or near the end of its useful life. Two existing blowers shall be replaced with
two high efficiency units that will improve reliability and reduce energy usage and operating
costs. The two new blowers shall operate with the two existing blowers to remain in service.
Piping Modifications
In addition to the blowers, the aeration basin piping and aeration equipment is being modified or
replaced to optimize process controls and replace aged equipment.
Replace Diffusers
The existing aeration diffusers currently require annual cleaning to prevent high pressure loss
and increased energy consumption leading to high operation and maintenance costs. The new
diffusers shall reduce both operations and maintenance costs. The new diffusers, along with
automated valves and instrumentation, will allow operations staff to optimize aeration basin
operations.
Project Summary
With these modifications, the treatment trains shall be able to accommodate the current
residential, commercial and industrial loads as well as the future reduced loads from JBS as a
result of their decision to build a new facility to further pre-treat their industrial wastewater.
Overall, this project will improve reliability, reduce energy usage and operating costs, and
provide the plant staff flexibility to meet current and future loading on the secondary treatment
process at the wastewater treatment plant. The aeration basin improvements project will provide
efficiency within the existing system for ammonia removal. Actual nutrient removal upgrades
will follow in future years when permitting requires such treatment within the secondary system.
Related Utility Work
Work on this project will include a new primary transformer on the northeast side of the facility.
The new utility transformer shall be sized for a new motor control center with power distribution
to serve the aeration basin improvement project utilizing existing building space for the utility
equipment. The upgrade shall also serve future planning power requirements for aeration basin
recycle, and final clarification. The city utility department will provide the transformer and
primary feeder conductors. The service of the utility department for their portion of the work is
estimated at $50,000.00.
Discussion
Three (3) bids were received on November 17, 2010 and reviewed by the City Clerk, City
Engineer/Public Works Director, Wastewater Division staff and Consulting Engineers from
Black & Veatch Corporation.
Bidder
Oakview dck,
LLC
Industrial
Process
Technology,
Inc.
Hawkins
Construction Co.
Total Lump Sum Base Bid
$3,622,300.00 $3,989,400.00 4,085,000.00
Deductive
Alternative A
No Modifications to Existing Diffused
Aeration System in Oxic Zone(s)
$380,860.00 $495,000.00 $591,000.00
Deductive
Alternative B
Partial Modifications to Exiting
Diffused Aeration System in Oxic
Zone(s)
$293,682.00 $409,800.00 $466,000.00
Deductive
Alternative C
Substitute base bid blower
manufacturer Turblex with elective
substitute manufacturer Howden or
other approved supplier of Single Stage
Centrifugal Blowers
$135,300.00 $175,000.00 $126,000.00
Aeration Basin
Solids Cleanout
1,045 cu yd
$20.00/cu yd $55.00/cu yd $28.71/cu yd
Recommended Award
Base Bid $3,622,300.00 $3,989,400.00 4,085,000.00
Minus Deductive Alternative C $135,300.00 175,000.00 126,000.00
TOTAL BID $3,487,000.00 $3,814,400.00 $3,959,000.00
The exception from Oakview dck, LLC of Red Oak, Iowa to provide Eckley Acoustical Panels
(Deduct of $10,300.00) was noted with a recommendation that the exception not be accepted.
Oakview dck, LLC of Red Oak, Iowa submitted a bid in accordance with the terms of the
advertisement of bids and plans and 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 a resolution.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
Public Works staff and Engineering Consultant, Black & Veatch Corporation recommend
acceptance of deductive alternative “C” with Howden Water Technology, Inc. The apparent
competitive bid savings of $135,300.00 with the twenty (20) year present worth power
consumption additive of $41,000.00 shows savings of $94,300.00 in comparison to base bid
Turblex, Inc..
The bids for the project including construction engineering services are $202,000.00 less than
what was presented in the wastewater capital improvement program at the November 16, 2010
council study session.
Public Works staff and the engineering firm Black & Veatch Corporation recommend that the
Council approve a resolution to award the construction contract and authorize the Mayor to
execute a contract with Oakview dck, LLC of Red Oak, Iowa at a lump sum bid of
$3,622,300.00 with selected deductive alternative “C” of $135,300.00 for a total contractual
value of $3,487,000.00.
Attachments: Recommendation of Award from Engineering Consulting firm Black & Veatch
Corporation, dated November 29, 2010
Sample Motion
Move to award the construction contract to Oakview dck, LLC of Red Oak, Iowa for aeration
basin improvements at the Wastewater Treatment Plant.
City of Grand Island, NE B&V Project 163132
Grand Island WWTP OA Project 010-0363
Aeration Basin Improvements B&V File F
November 29, 2010
Mr. John Henderson
City Of Grand Island, Nebraska
Public Works Department
3013 East Swift Road
Grand Island, NE 68802-1968
Subject: Recommendation of Award
Dear John:
Bids were received and opened on November 17, 2010 at the Grand Island City Hall, office of
the City Clerk, for the construction of the Grand Island WWTP Aeration Basin Improvements
project. Bids were received on a lump sum basis for the entire scope of work. The Contractors
were asked to submit deductive bid alternatives for three (3) items, and if selected by the City,
the value of these alternatives would be subtracted from the lump sum base bid.
In accordance with Article 5.03 of the Bid Form, the project is to be awarded based on the Bid
that provides the best overall value to the Owner and may be based on the base bid or the base
bid with any of the same combination of bid alternatives. The enclosed bid tabulation
summarizes the lump sum base bid prices, bid alternatives, and adjustment unit prices. In
addition, the total contract price was calculated for each bidder if any possible combination of
deductive bid alternatives were selected by the City.
The low bid was submitted by Oakview DCK, LLC (Oakview) in the amount of $3,622,300.00.
If any combination of bid alternatives were deducted from the lump sum base bids, Oakview’s
bid would still be the lowest. Three bid submissions made for excellent competition. The
difference between the low bid and the high bid was $462,700 or 12.8%. A difference between
bids is to be expected because of the nature of work – a modification and rehabilitation project
within an existing site. The final Engineers estimate was $4,508,000.00. The fact that the bids
came in 15.6% lower than the Engineers estimate (on average) is likely a reflection of the
number of bidders, high level of project interest by suppliers and subcontractors, available labor
resources, and current market conditions. This is similar to what we have been observing in
other recent projects and was expected. Based on these discussions, our research and review of
the Contract Documents, it appears the total lump sum bids are reasonable for the scope of this
project.
If either Bid Alternative A or B is selected, all or portions of the aeration basin diffuser
replacement would be deleted from the scope of work. It is important to note that Bid
Page 2
City of Grand Island, NE B&V File F
Aeration Basin Improvements November 29, 2010
Alternative A and B cannot both be selected. Since bids came in under the project budget, and
the condition and remaining useful life of the existing ceramic diffusers are largely unknown,
Black & Veatch recommends not selecting Bid Alternative A or B. Continuing to use the
existing ceramic diffusers will most likely result in more frequent maintenance and repair
activities, and therefore Black & Veatch recommends complete diffuser replacement as included
in the base bid.
It is our understanding that at this time the City is selecting Bid Alternative C which is the
substitution of the base bid blower manufacturer (Turblex) with Howden Water Technology, Inc.
Upon review of the blower supplier’s qualifications, it was noted that Howden has significantly
less experience than Turblex with regard to dissolved oxygen (DO) control systems and hybrid
blower system operation. Black & Veatch believes that experience is the key to success with
these systems as system tuning, time delays, and deadbands are very important to reduce hunting
and provide good controllability. Knowledge of how to set these parameters is only gained by
experience with many systems of this type. An integrator with significant DO control experience
is essential. Howden has indicated that they would be willing to subcontract the controls aspect
of their system to Revere Controls. Black & Veatch has previous experience with Revere
Controls in numerous successful projects and would recommend that Howden incorporate their
services into this project.
Review of the submitted bidding documents indicated that Oakview submitted a responsive bid.
The equipment manufacturers submitted and their proposed subcontractors appear to be
acceptable. Oakview included a comment in “Exceptions to the Bid” that they would offer a
deduct to the contract price in the amount of $10,300 if they were allowed to provide “Eckley
Acoustical Panels” in lieu of the specified panels. Black & Veatch would need to review shop
drawings on the proposed panels before a determination could be made on whether they meet the
specification and are suitable for the work. Therefore, Black & Veatch recommends that the
award be based on the contractor’s base bid and that the alternative panels be reviewed after the
award of the contract. If the alternative panels meet the specification, then the contract amount
can be reduced by change order.
Based on Oakview’s performance on past projects, including the recent Primary Clarifier
Mechanism Replacement and others for the City of Lincoln with Black & Veatch and Olsson
Associates, it is our opinion that Oakview is qualified to complete this project. As such, we
recommend that the City award the contract to Oakview on the basis of the lump sum base bid
minus Bid Alternative C for a total Contract Price of $3,487,000.
If you have any questions or wish to discuss our recommendation further, please contact me at
(913) 458-3446 or Derek Cambridge at (913) 458-3465.
Very truly yours,
BLACK & VEATCH CORPORATION
Page 3
City of Grand Island, NE B&V File F
Aeration Basin Improvements November 29, 2010
Isaac T. Crabtree
Project Engineer
Enclosures: Bid Tabulation
cc: Mr. Steve Riehle
Mr. Roger Scott
Mr. Dave Ziska
Approved as to Form ¤ ___________
December 3, 2010 ¤ City Attorney
R E S O L U T I O N 2010-342
WHEREAS, Advertisement to Bidders for Project WWTP-2010-3 Aeration Basin
Improvements at the Wastewater Treatment Plant was published in the Grand Island Daily Independent on
October 13, 2010, and
WHEREAS, on November 17, 2010 bids were received, opened and reviewed; and
WHEREAS, Oakview dck, LLC of Red Oak, Iowa submitted a bid in accordance with the
terms of the advertisement of bids, plans and specifications and all other statutory requirements contained
therein, with a base bid of $3,622,300.00
WHEREAS, Public Works Administration recommends acceptance of deductive alternative
“C” at $135,300.00; and
WHEREAS, the base bid sum and any combination of deductive alternatives of the bid for
the project is below the engineer estimate of such project; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Oakview dck, LLC of Red Oak, Iowa
in the amount of $3,487,000.00 for furnishing materials and services for WWTP-2010-3 Aeration Basin
Improvements project at the Wastewater Treatment Plant is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2010-343 - Approving Power Sales Agreement between the City of
Grand Island and the Nebraska Public Power District for Laredo
Ridge Wind Project
Tuesday, December 07, 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
Dale Shotkoski, City Attorney
Meeting: December 7, 2010
Subject: Power Sales Agreement for Laredo Ridge Wind Project
Item #’s: G-6
Presenter(s): Gary R. Mader, Utilities Director
Background
The Utilities Department has made efforts to be involved in developing technologies
regarding renewable energy. Presently, the most cost effective form of renewable energy
is wind energy. Since 1998, the City’s Utilities Department has participated with other of
the state’s utilities in Wind Turbine projects.
Springview Project:
Grand Island first became involved with wind energy in 1998 with the development of
the “Nebraska Distributed Wind Generation Project” or NDWG, often referred to as the
“Springview Project” because of its proximity to that community in north central
Nebraska. The project included two 750 kilowatt wind turbines installed near
Springview, Nebraska. Half of the cost of the project was funded by a grant from the
Electric Power Research Institute/Department of Energy-Turbine Verification Program.
NDWG is a joint project among Nebraska utilities that includes Auburn Utilities, Grand
Island Utilities, KBR Power District, Lincoln Electric System, the Municipal Energy
Agency of Nebraska and Nebraska Public Power District (NPPD). Grand Island has
received an average of six megawatt hours of energy per month from NDWG. This is
enough energy to supply approximately six houses for one month. Due to rising
maintenance costs, increasing equipment failures and unit downtime, this facility was
decommissioned in August of last year. Including the salvage value of the turbines, the
final production cost was approximately $23/megawatt hour. Currently, there are efforts
underway to develop a project to install two new turbines at the Springview site.
Ainsworth Project:
In addition to NDWG, Grand Island is also a participant in the Ainsworth Wind Energy
Farm (AWEF) near Ainsworth, NE. This facility was constructed in 2005 and consists of
thirty-six 1.65 megawatt turbines for a total project output of 59.4 megawatts. Grand
Island has a one megawatt participation level in AWEF. AWEF is another joint project
that is operated by Nebraska Public Power District, and includes participation by Omaha
Public Power District, the Municipal Energy Agency of Nebraska, Grand Island Utilities,
and JEA of Jacksonville, Florida. Since the start of AWEF, Grand Island has received an
average of 293 megawatt hours of energy per month. This is enough energy to supply
approximately 293 houses for one month. Currently, the total production cost of power
received from AWEF is in the $45 to $55 per megawatt hour range.
Elkhorn Ridge:
Elkhorn Ridge Wind, LLC (Elkhorn) is an 80 MW wind farm located near the town of
Bloomfield in northeast Nebraska. It consists of twenty-seven 3 megawatt turbines. It
began commercial operation January 1, 2009. Unlike AWEF, Elkhorn is a privately
owned facility. NPPD entered into a Power Purchase Agreement with Elkhorn to
purchase all power produced by the facility. Grand Island then signed a Power Sales
Agreement with NPPD to purchase a 1 MW share of the power produced at Elkhorn.
Discussion
The use of fossil fuels for electricity production is coming under increasing scrutiny at
the national level and more restrictions and regulations are likely to be placed upon fossil
fuels, particularly coal. With the City’s primary energy supply being produced from coal,
the overall rate impact from a carbon emission tax or other environmental regulations
could be significant.
It is the recommendation of City Administration that the Utilities Department stay
involved with the various renewable energy projects as they develop in the state. Laredo
Ridge Wind, LLC (Laredo) is an 80 MW wind farm currently under construction near the
town of Petersburg, Nebraska. It consists of fifty-four 1.5 megawatt turbines. It is
anticipated to enter into commercial operation January 1, 2011. Grand Island staff has
held discussions with NPPD and other potential participants in the Laredo Ridge Wind
Project at a 1 MW participation level. Similar to Elkhorn, Laredo Ridge is a privately
owned facility. NPPD has entered into a Power Purchase Agreement with Laredo Ridge
to purchase all power produced by the facility. The proposed Power Sales Agreement is
with NPPD to purchase a 1 MW share of the power produced at Laredo Ridge.
Upfront participation costs to Grand Island are approximately $59,000. This cost includes
Substation and Transmission expansion and project development. Since this is a privately
owned facility, O&M costs are not applicable. The cost of power to Grand Island will be
approximately $45 per megawatt hour increasing 2.5% per year. This equates to an
approximate cost of $145,000 for the first year, increasing 2.5% per year thereafter. The
agreement is for twenty years.
Alternatives
It appears that the Council that the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the 1 MW level of
participation in Laredo Ridge Wind facility.
Sample Motion
Move to approve the participation in the Laredo Ridge Wind Facility.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-343
WHEREAS, the City of Grand Island, the Nebraska Public Power District and other
electric utilities have participated in the development of a wind energy project by Laredo Ridge Wind, LLC
(Laredo); and
WHEREAS, Nebraska Public Power District has entered into a Power Purchase
Agreement with Laredo Ridge Wind, LLC, for the output of the project, and is re-marketing portions of
that power to other electric utilities; and
WHEREAS, the parties desire to enter into a Power Sales Agreement to receive electric
energy produced by Laredo Ridge Wind, LLC, according to the terms and conditions outlined in the
Power Sales Agreement; and
WHEAREAS, the City Attorney’s office has reviewed and approved the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Power Sales Agreement for Laredo Ridge
Wind, LLC, by and between the City of Grand Island and Nebraska Public Power District be, and hereby
is, approved in accordance with the terms of the agreement.
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, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2010-344 - Approving Change Order #1 - Transfer House Fire
Protection Upgrade - Platte Generating Station
Tuesday, December 07, 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
Dale Shotkoski, City Attorney
Meeting: December 7, 2010
Subject: Change Order #1 - Transfer House Fire Protection
Upgrade
Item #’s: G-7
Presenter(s): Gary R. Mader, Utilities Director
Background
The coal conveyors at the Platte Generating Station are used to unload coal from rail cars
and transfer the coal to either on-site storage areas or in plant storage silos. The
conveyors are essential to plant operation and are protected from fire by automatic
sprinkler systems. The systems were part of the original design scope when the plant was
constructed in 1982. Included in the systems are automatic water supply valves and
electronic fire detection and activation systems. The original automatic valves are
obsolete and parts used to repair the fire valves in the transfer house are no longer
available from the manufacturer. The fire protection control panels have electronic circuit
boards that have failed and repairs have been made by plant technical staff, but these
circuit boards are also obsolete and replacement boards are no longer available. These
components are vital for the proper operation of the fire protection for the coal handling
system.
Specifications to replace the old, obsolete valves and electronic systems were developed
by plant engineering staff. The specifications also provided for relocating several of the
existing components from dirty areas to cleaner areas to lessen maintenance costs and
improve reliability. The specifications were reviewed and approved by Factory Mutual,
the Department’s insurance carrier. The specifications were issued for bids and the
contract was awarded by Council to the low responsive bidder, Nebraska Fire Sprinkler
of Alda, Nebraska, for $79,800 on March 9, 2010.
Discussion
Completion of the transfer house fire protection upgrade required moving an existing
filter to service the new valves, which was not part of the original contract. The filter was
covered by insulation and was found as the project progressed. Relocation required
additional labor and materials by the contractor. Also during the course of construction, it
was determined that the new fire panel servicing the tripper floor should be moved to a
location that would not require use of an explosion proof enclosure and would provide for
improved maintenance access to the panel. Nebraska Fire Sprinkler proposed to perform
these items at an additional cost is $6,580.00 for a final contract cost of $86,380.00. Plant
engineering staff reviewed the proposed change order and evaluates the increased costs as
fair and reasonable.
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 authorizing Change Order #1 to the Transfer House
Fire Protection Upgrade at the Platte Generating Station for an addition to the contract
price of $6,580.00 to Nebraska Fire Sprinkler Corporation.
Sample Motion
Move to approve award of the bid of $6,580.00 from Nebraska Fire Sprinkler
Corporation for the Transfer House Fire Protection Upgrade Change Order as submitted.
City of Grand Island
Utilities Department
General Work Contract - Change Order EWO 6081
Transfer House Fire Protection Upgrade
Comments:This additional work was identified after the contract work started.
Contract: Nebraska Fire Sprinkler Corporation $79,800.00
Change
Order
Request Description Amount
001 Move existing strainer to new area $3,125.00
002 Relocate fire panel outside of explosive area $3,455.00
003
004
005
006
007
008
009
010
011
012
013
014
015
017
018
019
020
021
023
024
028
029
030
Total $6,580.00
TO: Nebraska Fire Sprinkler Corporation
118 Apollo Avenue
PO Box 186
Alda NE 68810
PROJECT: Transfer House Fire Protection Upgrade
Platte Generating Station
You are hereby directed to make the following change in your contract:
1 Additional payment per the attached spreadsheet.
ADD: $6,580.00
The Original Contract Sum $79,800.00
Previous Change Order Amounts $ .00
The Contract Sum is Increased by this Change Order $ 6,580.00
The Contract Sum is Decreased by this Change Order $ .00
The Total Modified Contract Sum to Date $86,380.00
Approval and acceptance of this Change Order acknowledges understanding and agreement
that the cost and time adjustments included represent the complete values arising out of and/or
incidental to the work described therein.
APPROVED: CITY OF GRAND ISLAND
By: Date:
Attest:
Approved as to Form, City Attorney
ACCEPTED: Nebraska Fire Sprinkler Corporation
By: Date:
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-344
WHEREAS, Nebraska Fire Sprinkler Corporation of Alda, Nebraska was awarded the
contract for Transfer House Fire Protection Upgrade at the March 9, 2010 City Council meeting; and
WHEREAS, the specifications provided for relocating several of the existing components
from dirty areas to cleaner areas to lessen maintenance costs and improve reliability; and
WHEREAS, completion of the transfer house fire protection upgrade required moving an
existing filter to service new valves, which was not part of the original contract; and
WHEREAS, it was determined during the course of construction that the new fire panel
servicing the tripper floor should be moved to a location that would not require use of an explosion proof
enclosure and would provide for improved maintenance access to the panel; and
WHEREAS, Nebraska Fire Sprinkler Corporation proposed to perform these items at an
additional cost of $6,580.00, for a final contract cost of $86,380.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Nebraska Fire Sprinkler
Corporation resulting in an additional cost of $6,580.00 for a final contract price of $86,380.00, is hereby
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_____________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2010-345 - Approving Nebraska Children and Families
Foundation Agreement for a Child Well-Being Implementation
Grant
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Meeting: December 7, 2010
Subject: Approve Child Well-Being Implementation Grant
Agreement with Nebraska Children and Families
Foundation
Item #’s: G-8
Presenter(s): Joni Kuzma, Community Development Administrator
Background
The Nebraska Children and Families Foundation (NCFF), on behalf of the Nebraska
Child Abuse Prevention Fund Board, has offered the City of Grand Island a $50,000
grant to work with the Coalition for Children to implement a community Strategic Plan
for Child Well-being.
Discussion
The Nebraska Children and Families Foundation (NCFF) is investing in local
communities to enhance child well-being throughout the state. With acceptance of the
offer, a grant in the amount of $50,000 will be awarded to the City. No matching funds
are required. The agreement will be in effect from December 1, 2010 through June 30,
2011.
The City will act as fiscal agent. The Coalition for Children in collaboration with
Community Developme nt will carry out the scope of offer as outlined in the offer letter.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the grant agreement
2. Refer the issue to a Committee
3. Postpone the issue to future date
Recommendation
City administration recommends that Council approve the grant agreement with the
Nebraska Children and Families Foundation and authorize the Mayor to sign all related
documents.
Sample Motion
Move to approve the grant agreement with the Nebraska Children and Families
Foundation and authorize the Mayor to sign all related documents.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-345
WHEREAS, the Nebraska Children and Families Foundation, on behalf of the Nebraska
Child Abuse Prevention Fund Board, has offered the City of Grand Island a grant to work with the
Coalition for Children to implement a community Strategic Plan for Child Well-being.; and
WHEREAS, the grant includes financial support of up to $50,000 to implement the
community Strategic Plan for Child Well-being;
WHEREAS, the Coalition for Children will work with Community Development to carry
out the scope of offer as outlined in the agreement; and
WHEREAS, the City of Grand Island will serve as fiscal agent for the grant contract period
between December 1, 2010 and June 30, 2011; and
WHEREAS, an agreement letter has been received by the City and must be signed by the
Mayor to accept the grant award.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement for the Nebraska Children and
Families Foundation is approved and that the Mayor is hereby authorized and directed to execute any
related documents on behalf of the City of Grand Island for such grant program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2010-346 - Approving Addendum No. 2 to the SCALES Interlocal
Agreement
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: December 7, 2010
Subject: Amendment to SCALES Interlocal Agreement
Item #’s: G-9
Presenter(s): Steven Lamken, Police Chief
Background
The City has been a member of the South Central Area Law Enforcement Services,
SCALES, Interlocal Agreement for several years. SCALES is comprised of several local
law enforcement agencies and the City of Lexington Police Department has requested to
become a participating member. Addendum #2 to the SCALES Interlocal Agreement
provides for the Lexington Police Department to become a member.
Discussion
.SCALES is a cooperative agreement among local law enforcement agencies that
provides for members to request resources from other members to assist in a variety of
events. The Grand Island Police Department has been a member of SCALES for several
years. We have supported other agencies and have been the beneficiaries of support from
SCALES agencies several times. The most recent event where we received support from
SCALES was the service of multiple arrest and search warrants against gang members in
the city. Twelve officers from several SCALES agencies assisted with this operation.
The City of Lexington Police Department has requested to join SCALES and has been
accepted by the member agencies. We believe that it will be beneficial to have Lexington
as a member along with Dawson County. The addendum being presented modifies the
Interlocal Agreement to include the Lexington Police Department into SCALES. The
approval is being presented so that the Mayor may execute the addendum once it is
circulated to our City. We will receive a signed copy of the addendum after it has been
approved by all of the appropriate government entities.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Postpone the issue to future date
3. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Addendum #2 to the South
Central Area Law Enforcement Services Interlocal Agreement which accepts the City of
Lexington Police Department as a member.
Sample Motion
Move to approve Addendum #2 to the South Central Area Law Enforcement Services
Interlocal Agreement and authorize the Mayor to sign all related documents.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-346
WHEREAS, The City of Grand Island is a member of the South Central Area Law
Enforcement Services, SCALES, Interlocal Agreement, and
WHEREAS, membership in SCALES has been beneficial to the City and the Police
Department, and
WHEREAS, The City of Lexington Police Department has requested to become a member
of SCALES which would be of benefit to both Lexington and other SCALES agencies, and
WHEREAS, The City of Lexington Police Department’s request has been approved by the
member law enforcement agencies of SCALES, and
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 Addendum #2 to the SCALES Interlocal Agreement authorizing the Lexington Police Department
to become a member of SCALES.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2010-347 - Approving Certificate of Final Completion for Paving
Improvements Sections A & B for the Veterans Athletic Field
Complex
Tuesday, December 07, 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: December 7, 2010
Subject: Certificate of Final Completion-Paving Improvements
Sections A & B for the Veterans Athletic Field Complex
Item #’s: G-10
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Diamond Engineering on November 24, 2009 for paving
improvements at the Veterans Athletic Field Complex.
Discussion
All work associated with this contract has been completed and it is appropriate at this
time to close out the contract.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the certificate of final
completion and make final payment to Diamond Engineering in the amount of
$74,659.11.
Sample Motion
Move to close out the contract with Diamond Engineering and make final payment in the
amount of $74,659.11 to Diamond Engineering.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-347
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for Paving Improvements at the new Veterans Athletic Field Complex
Sections A & B, certifying that Diamond Engineering from Grand Island, Nebraska, under contract dated
November 24, 2009, has completed such project according to the terms, conditions, and stipulations for
such improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for Paving
Improvements at the new Veterans Athletic Field Complex Sections A & B is
hereby confirmed.
2. That a warrant be issued from account no. 40044450-90122 in the total amount of
$74,659.11 payable to Diamond Engineering for the final amount due the
contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2010-348 - Approving Certificate of Final Completion for Paving
Improvements Section C at the Veterans Athletic Field Complex
Tuesday, December 07, 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: December 7, 2010
Subject: Certificate of Final Completion-Paving Improvements at
the Veterans Athletic Field Complex -Section C
Item #’s: G-11
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
A contract was entered into with Diamond Engineering on December 9, 2009 for the
paving improvements at the Veterans Athletic field Complex.
Discussion
All work associated with this contract has been completed and it is appropriate at this
time to close out the contract.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the certificate of final
completion and make final payment to Diamond Engineering in the amount of $2,867.27.
Sample Motion
Move to close out the contract with Diamond Engineering and make final payment in the
amount of $2,867.27 to Diamond Engineering.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-248
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for Paving Improvements at the new Veterans Athletic Field Complex
Section C, certifying that Diamond Engineering from Grand Island, Nebraska, under contract dated
December 15, 2009, has completed such project according to the terms, conditions, and stipulations for
such improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs in the Parks and Recreation Director’s recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Parks and Recreation Director’s Certificate of Final Completion for Paving
Improvements at the new Veterans Athletic Field Complex Section C is hereby
confirmed.
2. That a warrant be issued from account no. 40044450-90122 in the total amount of
$2,867.27 payable to Diamond Engineering for the final amount due the
contractor.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Geotechnical Services, Inc. for a
Conditional Use Permit for a Soil Vapor Extrication Trailer
Installation Located at 417 North Sycamore Street
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item I1
#2010-349 - Approving of Request from Blazin Wings, Inc. dba
Buffalo Wild Wings Grill & Bar, 809 Allen Drive for a Class "I"
Liquor License and Liquor Manager Designation for Shane
Cooley, 4745 N. 173rd Circle, Omaha, Nebraska
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-349
WHEREAS, an application was filed by Blazin Wings, Inc. doing business as Buffalo Wild
Wings Grill & Bar, 809 Allen Drive for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on November 27, 2010; such publication cost being $15.18; and
WHEREAS, a public hearing was held on December 7, 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 Shane Cooley, 4745 N.
173rd Circle, Omaha, Nebraska 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, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2010-350 - Approving of Request from Friesen Management, Inc.
dba Sam and Louie’s NYP, 928 Concord Avenue for a Class "C"
Liquor License and Liquor Manager Designation for Donald
Friesen, 4030 W. Husker Highway
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-350
WHEREAS, an application was filed by Friesen Management, Inc. doing business as Sam
and Louie’s NYP, 928 Concord Avenue 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 November 27, 2010; such publication cost being $15.18; and
WHEREAS, a public hearing was held on December 7, 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 Donald Friesen, 4030
W. Husker Highway 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, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I3
#2010-351 - Approving Appointment of City Attorney Dale
Shotkoski
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Council Agenda Memo
From: Mayor Jay Vavricek
Meeting: December 7, 2010
Subject: Statutory Mayoral Appointments
Item #’s: I-3, I-4, I-5
Presenter: Mayor Jay Vavricek
Background
Four positions in the City of Grand Island are statutory positions defined by the State of
Nebraska and adopted in Grand Island City Code to coincide with the Mayor’s term of
office. These positions include the City Clerk, City Treasurer/Finance Director, City
Attorney and City Engineer/Public Works Director. As a new individual assumes the
Mayoral responsibilities following the expired term of a previous Mayor, a
recommendation to the Grand Island City Council of each position is necessary for
continued employment and service to the people of Grand Island.
Discussion
In order to determine a recommendation, on behalf of the best long term interests of the
people of Grand Island, current office holders were evaluated by Grand Island Mayor
Elect Jay Vavricek in concert with City Personnel Rules. This evaluation included a
review of the personnel files, the performance appraisals of each and determining the
willingness of each to continue service to the people of Grand Island. Since a re-
appointment process of these positions has concluded, a recommendation of future
service is in order for consideration by the Grand Island City Council.
The re-appointment of future service is recommended and warranted of RaNae Edwards
as City Clerk of Grand Island.
The re-appointment of future service is recommended and warranted of Mary Lou Brown
as City Treasurer/Finance Director.
The re-appointment of future service is recommended and warranted of Dale Shotkoski
as City Attorney.
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
As Mayor, I recommend that the Council approve the appointments of RaNae Edwards as
City Clerk, Mary Lou Brown as City Treasurer/Finance Director, and Dale Shotkoski as
City Attorney.
Sample Motion
Move to approve RaNae Edwards as City Clerk, Mary Lou Brown as City
Treasurer/Finance Director, and Dale Shotkoski as City Attorney.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-351
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Attorney for the City of
Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of
City Attorney; and
WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall
hold the position to which they may be appointed until the end of the Mayor’s term of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by the
Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Dale Shotkoski is hereby duly appointed the City
Attorney for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I4
#2010-352 - Approving Appointment of City Clerk RaNae Edwards
This item relates to the aforementioned Resolution Item I-3.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-352
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Clerk for the City of
Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of
City Clerk; and
WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall
hold the position to which they may be appointed until the end of the Mayor’s term of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by the
Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that RaNae Edwards is hereby duly appointed the City
Clerk for the City of Grand Island, Nebraska, until the end of the Mayor’s term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I5
#2010-353 - Approving Appointment of City Treasurer/Finance
Director Mary Lou Brown
This item relates to the aforementioned Resolution Item I-3.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-353
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Treasurer/Finance Director
for the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of
City Treasurer/Finance Director; and
WHEREAS, this position appointed by the Mayor and confirmed by the City Council shall
hold the position to which they may be appointed until the end of the Mayor’s term of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by the
Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Mary Lou Brown is hereby duly appointed the City
Treasurer/Finance Director for the City of Grand Island, Nebraska, until the end of the Mayor’s term of
office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I6
#2010-354 - Approving Appointment of Interim City
Administrator Mary Lou Brown
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Council Agenda Memo
From: Mayor Jay Vavricek
Meeting: December 7, 2010
Subject: Appointment of Interim City Administrator
Item #: I-6
Presenter: Mayor Jay Vavricek
Background
The City Administrator position has recently become vacant due to the resignation of
former City Administrator Jeff Pederson. As I, Jay Vavricek, commence mayoral service,
a recommendation to the City Council is in order to fulfill the duties and responsibilities
of this position during the interim period while the recruitment process takes place.
After careful consideration and evaluation, my recommendation of the person who best
exemplifies the ability to excel in this position in concert with my goals in public service
is Mary Lou Brown. Mary Lou possesses many skills and abilities which I believe are
necessary to be successful in this capacity.
The merits of effective and efficient government and open policy making decisions for
the best long term interests of the people of Grand Island will be well served with her
service as Interim City Administrator.
Discussion
Mary Lou was appointed by Mayor Hornady as City Treasurer/Finance Director effective
July 27, 2009. During her tenure she’s shown leadership, significant knowledge,
command of her department, and the ability to interact successfully with taxpayers,
elected leaders and City department directors. She understands the elements that are
needed to be effective as a leader, and the challenges to its successful performance.
There are many reasons for this positive recommendation. Ultimately, as Mayor, it comes
down to my trust and confidence in her to be effective and successful while using her
many skills and abilities. Her experience in being able to think, act and communicate
strategically in the private business sector has been significant and will be a foundation
that will prove beneficial when exploring new ideas and recommendations for the City of
Grand Island.
She has also been involved in city government long enough to be aware of its inter-
workings, but not so long as to become resistant to challenging ideas that may better
maximize taxpayer resources and meet future service expectations of the City of Grand
Island.
I believe she is a good communicator, is strong enough to withstand the pressures that
can affect the performance of the job, is intelligent, and has the personal integrity that’s
essential to lead this organization.
In light of her new responsibilities as Interim City Administrator, under current City
Personnel Rules, her compensation during the time of her interim employment would be
step number one… the lowest salary step in the City Administrator pay scale. I believe
this compensation is fair to reward her for being open to working in this leadership
position, create an incentive for successful performance and embrace new responsibilities
while maintaining the leadership of the Finance Department and ultimately be fair to the
people of Grand Island in what they expect in the successful performance of a City
Administrator.
Step number one of the City Administrator salary is $112,072 .This would represent a
salary increase from her current Finance Director compensation of $90,247 and does not
negatively impact the city’s fiscal budget performance. As the City will pay her only one
salary to oversee both the Finance and Administration offices it will save more than
$9,000 per month while the recruitment efforts are underway.
As Interim City Administrator, she will be accessible to tax payer and Council concerns,
work well internally with department directors and I believe be compatible with my goals
in elected public service. I recommend the Council’s approval for her service in the
foreseeable future as Interim City Administrator.
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
As Mayor, I recommend that the Council approve Mary Lou Brown as Interim City
Administrator.
Sample Motion
Move to approve Mary Lou Brown as Interim City Administrator.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-354
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for the City
of Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of
City Administrator; and
WHEREAS, the position is currently vacant and an interim appointment may be made; and
WHEREAS, the Mayor has recommended the appointment of Mary Lou Brown as the
Interim City Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Mary Lou Brown is hereby duly appointed the
Interim City Administrator for the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I7
#2010-355 - Approving Designating No Parking on Gold Core
Drive, from Schimmer Drive to Wildwood Drive
Tuesday, December 07, 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: December 7, 2010
Subject: Approving Designating No Parking on Gold Core Drive,
from Schimmer Drive to Wildwood Drive
Item #’s: I-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is required to designate No Parking on any public street.
The Public Works Department has received a request from the abutting property owners
on Gold Core Drive, between Schimmer Drive and Wildwood Drive, to remove parking
along this section of roadway.
Discussion
The Engineering Division of the Public Works Department reviewed traffic flows and
safety in the area and recommend the designation of No Parking on all of Gold Core
Drive. The No Parking restriction will make for a safer roadway by leaving it
unencumbered by parked vehicles. This No Parking restriction will also prevent the use
of the shoulders of the roadway from being used as a parking lot.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution designating No
Parking on Gold Core Drive, from Schimmer Drive to Wildwood Drive.
Sample Motion
Move to approve the resolution designating No Parking on Gold Core Drive, from
Schimmer Drive to Wildwood Drive.
Approved as to Form ¤ ___________
December 2, 2010 ¤ City Attorney
R E S O L U T I O N 2010-355
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, the Public Works Department is requesting that No Parking be
allowed on Gold Core Drive, from Schimmer Drive to Wildwood Drive; and
WHEREAS, it is recommended that such restricted parking request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. A No Parking Zone is hereby designated along Gold Core Drive, from Schimmer
Drive to Wildwood Drive; and
2. The City’s Street Division of the Public Works Department shall erect and
maintain the signs necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2010.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of November 23,
2010 through December 7, 2010
The Claims for the period of November 24, 2010 through December 7, 2010 for a total
amount of $4,006,027.29. A MOTION is in order.
Tuesday, December 07, 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 November 24,
2010 through December 7, 2010 for the Veterans Athletic Field
Complex
The Claims for the Veterans Athletic Field Complex for the period of November 24, 2010
through December 7, 2010 for the following requisition.
#31 $8,311.45
A MOTION is in order.
Tuesday, December 07, 2010
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council