09-25-2012 City Council Regular Meeting Packet
City of Grand Island
Tuesday, September 25, 2012
Council Session Packet
City Council:
Larry Carney
Linna Dee Donaldson
Scott Dugan
Vaughn Minton
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East First Street
Grand Island Council Session - 9/25/2012 Page 1 / 251
City of Grand Island Tuesday, September 25, 2012
Call to Order
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.
Invocation - Pastor Caroline Price-Gibson, First Presbyterian Church, 2103
West Anna Street
Pledge of Allegiance
Roll Call
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.
Grand Island Council Session - 9/25/2012 Page 2 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item C1
Presentation of the “Mayor’s Builder Award” to Karl Hughes
Since so many great efforts occur in our community and many unnoticed, it's important to recognize
efforts that build a stronger Grand Island.
As Mayor, the City will recognize those efforts with a "Mayor's Builder Award" Recognition and
appearance before council and the people of Grand Island.
The third Builders' Award will go to Karl Hughes. Mr. Hughes is a retired School Administrator where
he served 13 years with Gates Elementary School and 10 years at Shoemaker Elementary School. He is
a retired Military Lt. Colonel. Currently he serves as Chairman of the Board for the Grand Generation
Center and is active in Project Hunger through the Salvation Army serving meals to the homeless. He is
a member of the Lyon’s Club and very active in the Abundant Life Church.
Karl Hughes will be recognized as a Builder of a Better Grand Island.
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 9/25/2012 Page 3 / 251
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City of Grand Island
Tuesday, September 25, 2012
Council Session
Item D1
#2012-BE-5 – Consideration of Determining Benefits for South
Locust Business Improvement District 2012
Staff Contact: Jaye Monter
Grand Island Council Session - 9/25/2012 Page 5 / 251
Council Agenda Memo
From:Marco Floreani, Community Development Administrator
Meeting:September 25, 2012
Subject:Determining Benefits for South Locust Business
Improvement District 2012 and Approving the
Assessments
Item #’s:D-1 & F-1
Presenter(s):Marco Floreani, Community Development Administrator
Background
On August 28, 2012, the City Council adopted Ordinance 2012-9395, creating the one-
year appointed South Locust Business Improvement District 2012, Stolley Park road to
Fonner Park Road. The 2012-2013 Budget provides for special assessments in the
amount of $6.96 per front footage for a total of $34,450.27 for the 4,950 front footage.
Discussion
The City Council, in its capacity as the Board of Equalization, is required to determine
the benefits of the District and take action on the assessments as provided for in the
associated Ordinance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the benefits for the District and related assessments.
2.Deny the benefits and assessments.
Recommendation
City Administration recommends that the Council approve the amendment to the benefits
of South Locust Business Improvement District 2012 and related assessments.
Grand Island Council Session - 9/25/2012 Page 6 / 251
Sample Motion
Board of Equalization: Move to approve the benefits accruing to South Locust
Business Improvement District 2012 as presented.
Ordinance: Move to approve the assessments as provided for in the related Ordinance.
Grand Island Council Session - 9/25/2012 Page 7 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-BE-5
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the one-year appointed
South Locust Business Improvement District 2012, after due notice having been given thereof,
that we find and adjudge:
That the benefits accruing to the real estate in such district to be the total sum of
$34,450.27; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such South Locust Business Improvement District 2012, such benefits are the sums set
opposite the several descriptions as follows:
_ _
Name Description Assessment
Westerby/Michael J &
Mandy Janisch Sub Pt Lt 1 834.92
Mcdermott/Niels C Brownell Sub xc .0051 Ac To Row Lt 1 Xc E 10' 347.86
Wiltgen Corp II Kirkpatrick Sub Lt 5 491.03
Wiltgen Corp II Kirkpatrick Sub Lt 6 483.65
Giomaha LLC Labelindo Second Sub Pt Lt 1 xc 18.3 Ft To City 1,945.88
Zana/James Scott R & R Sub Pt Lt 1 979.41
Casey'S Retail Co Pleasant Home Sub xc City E 1/2 Of S 1/2 Blk 9 977.04
Locust Street LLC Pleasant Home Sub xc City Blk 16 1,945.67
Oberg/Danny K Roepke Sub Pt Lt 2 & Pt Lt 1 1,074.21
Oberg/Danny K Roepke Second Sub Pt Lt 1 316.68
Edwards Building CORP Fonner Sub Lt 1 xc City 1,043.58
Grand Island Associates LLC Fonner Fourth Sub Lt 1 3,410.05
Far Reach LLC Fonner Second Sub xc City Lt 5 1,391.03
Far Reach LLC Fonner Second Sub xc City Lt 6 2,785.04
Three Circle Irrigation INC Fonner Third Sub Pt Lt 1 & Pt Lt 3 2,365.22
Edwards Building CORP Fonner Third Sub Replatted Pt Lt 3 974.4
Staab/Kenneth W & Rose
Mary
Miscellaneous Tracts 21-11-9 xc To City 52' X 257' Pt
Se 1/4 Se 1/4 361.78
Staab Ph Units LLC
Miscellaneous Tracts 21-11-9 Pt Se 1/4 Se 1/4 .20 Ac
To City .817 Ac 940.23
Reilly/Michael J & Carey M Jnw Sub Lt 1 1,071.84
Edwards Building CORP Jnw Second Sub Lt 1 1,154.18
Sax Pizza Of America INC Sax'S Second Sub Lt 2 752.31
Braddy/Cindy Miscellaneous Tracts xc To City 21-11-9 Pt Se 1/4 Se 941.48
Grand Island Council Session - 9/25/2012 Page 8 / 251
RESOLUTION 2012-BE-5
- 2 -
1/4 .78 Ac
Arec 7, LLC
Miscellaneous Tracts 21-11-9 xc City Pt Se 1/4 Se 1/4
1.17 Ac 1,391.86
Sax Pizza Of America INC Sax'S Second Sub Lt 1 867.84
Goodwill Indust Of Greater
Nebr Goodwill Sixth Sub Lt 2 1,282.31
Hall County Livestock
Improvement ASSN
Miscellaneous Tracts 22-11-9 To The City Of Grand
Island Pt Sw 1/4 Sw 1/4 & Pt Nw 1/4 Sw 1/4 xc .15 A
City & 1.03 Ac Fonner Rd xc .05 Ac City Xc .98 Ac City
23.97 Ac 2,306.82
Bosselman Leasing LLC R & R Sub Pt Lt 2 969.88
Preferred Enterprises LLC Fonner Fourth Sub To City Row Pt Lt 2 1,044.07
Total Amount 34,450.27
Adopted by the City Council of the City of Grand Island, Nebraska, on September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 9 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item E1
Public Hearing on Request from Turkey Maes, LLC dba Peacock
Lounge, 2430 North Broadwell Avenue for a Class “C” Liquor
License
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 10 / 251
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:September 25, 2012
Subject:Public Hearing on Request from Turkey Maes, LLC dba
Peacock Lounge, 2430 North Broadwell Avenue for a
Class “C” Liquor License
Item #’s:E-1 & I-1
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Turkey Maes, LLC dba Peacock Lounge, 2430 North Broadwell 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.
Grand Island Council Session - 9/25/2012 Page 11 / 251
Also submitted with the application was a request from Lori Bohnart-Maes, 108 West
Cedar, Doniphan, NE for a Liquor Manager Designation.
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 Turkey Maes, LLC dba Peacock Lounge, 2430
North Broadwell Avenue for a Class “C” Liquor License contingent upon final
inspections and Liquor Manager Designation for Lori Bohnart-Maes, 108 West Cedar,
Doniphan, NE contingent upon completion of a state approved alcohol server/seller
training program.
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09/17/12 Grand Island Police Department 450
15:34 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 11:16:01 09/06/2012
Occurred before : 11:16:01 09/06/2012
When reported : 11:16:01 09/06/2012
Date disposition declared : 09/06/2012
Incident number : L12090885
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 2430 Broadwell Ave N
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 1323
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 16556 09/13/12 Bohnart, Lori L Owner/Manager
NM 179536 09/13/12 Peacock Lounge, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
The Peacock Lounge is Applying for a Class C LLC Retail Liquor License,
and Lori
Bohnart-Maes is Applying to be the Liquor Manager.
LAW INCIDENT OFFENSES DETAIL:
Grand Island Council Session - 9/25/2012 Page 13 / 251
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:07:17 09/13/2012
Grand Island Police Department
Supplemental Report
Date, Time: Thu Sep 13 14:07:30 CDT 2012
Reporting Officer: Vitera
Unit- CID
I received a copy of a Class C (beer, wine, distilled spirits, on & off
sale) LLC Liquor License from Peacock Lounge and a liquor manager
application from Lori Bohnart-Maes. The business will be located at 2430
N. Broadwell which is the current location of Wanda's Last Stop.
Upon initial review of the applications, I noticed that Lori will not be
seeking a Temporary Operating Permit (TOP). She is borrowing money from
Paul Jamson, she is the sole applicant, and it looks like she has lived
in Colorado for most of the last ten years. She also disclosed a DUI and
said she has some other traffic infractions in the distant past that she
would not be able to give accurate information on.
I checked Lori through Spillman and NCJIS. I didn't find anything in
Spillman or NCJIS that would indicate undisclosed convictions. Since Lori
has recently lived in Colorado, and I can't run out-of-state criminal
history checks on liquor license investigations; I searched online and
found that Kim, Colorado is in Los Animas County. I called the sheriff's
office there and requested a records check on Lori.
While waiting on Colorado authorities, I checked Lori through an online
law enforcement-only database. I didn't find anything detrimental to her
application. I did a general Internet search and didn't find any
information. Lori has a valid driver's license, and she doesn't have any
warrants for her arrest. Later on in the day, I received information back
from Los Animas County Sheriff's Office saying that they didn't' have any
arrest records for Lori.
I called Lori on 9/14/12 and received her voicemail. I gave her two phone
numbers and asked her to call me. Lori called back and set up an
appointment to meet me at the police department on 9/17/12 at 1300 hours.
Grand Island Council Session - 9/25/2012 Page 14 / 251
I met with Lori at our scheduled meeting. We went over her application. I
asked her how she named her company (Turkey Maes). Lori said the company
name is kind of a tribute to and out of respect for her deceased husband.
While they were living in Colorado, they wanted to have an "outfitter"
business for hunting. They had a "cold room" under a tree where a bunch
of turkey would roost. Lori's husband thought it would be neat to let
people gather in that area after a hunt. The outfitter business never
materialized, but that was still her rationale for naming her company.
Lori said the only contact she had with law enforcement while she lived
in Colorado was after her husband died, and she had problems with his
family and the estate. With the exception of one complaint where the in-
laws accused her of stealing something (unfounded), she was the
complainant.
On the application, Paul Jamson is listed as the landlord in Lori's lease
agreement. He is also listed as someone she is borrowing money from. I
asked Lori what her relationship with Paul is. Lori said they have been
friends for a long time. She advised that she used to help Paul at the
Peacock when he became blind. Lori said she needs a little money to
update/remodel the kitchen, and that's why she is borrowing money from
Paul.
Lori named off at least eight bars she has worked at in Hall County over
the years. She also worked at one in Texas. Lori anticipates that the
Peacock will be a small "neighborhood" bar and grill. I impressed upon
Lori the importance of cooperating with law enforcement. We also
discussed some common issues that will cause her problems with her liquor
license.
I concluded by giving Lori a telephone number for the NLCC, so she can
get a copy of the NLCC's Liquor Control Act and Rules and Regulations
book. I also gave her my card and encouraged her to call me with
questions or concerns regarding her business.
The Grand Island Police Department has no objection to Lori Bohnart-Maes
getting a liquor license or to Lori being the liquor manager at the
Peacock.
Grand Island Council Session - 9/25/2012 Page 15 / 251
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Liquor Application2430 N Broadwell AvePeacock Lounge
Legend Liquor License Locations2430 N Broadwell Ave
Grand Island Council Session - 9/25/2012 Page 16 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item E2
Public Hearing on Request to Rezone Property Located at 2430 &
2522 Stolley Park Road and 2433 & 2425 Del Mar Avenue –
Hornady Subdivision from R2 Low Density Residential to RD
Residential Development
Staff Contact: Chad Nabity
Grand Island Council Session - 9/25/2012 Page 17 / 251
Council Agenda Memo
From: Regional Planning Commission
Meeting: September 25, 2012
Subject: Rezone Properties Located North of Stolley Park Road
and West of Arthur Street from R2 – Low Density
Residential to RD – Residential Development Zone
Item #’s: E-2 & F-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning a request to rezone properties consisting of 7.822 acres located north of
Stolley Park Road and west of Arthur Street from R2 – Low Density Residential to RD Residential Development Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held September 5, 2012
the above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity told the board an application has been made to rezone 7.822 acres located
north of Stolley Park Road and west of Arthur Street from R2 – Low Density
Residential to RD – Residential Development Zone. The developers are proposing
to build twenty townhouse units
Dayle Schutte of 1742 Arthur Street, asked about where sewage from the
development would be taken and where stormwater would flow. She noted there
have been numerous sewer backups in the neighborhood, primarily after heavy
rains, when stormwater infiltrates the sanitary sewer system.
Nabity explained the City is working to improve the sanitary sewer lift station that
serves there area. Work is being done now and once that is complete this should
help resolve the backup problem. Nabity also said the City is installing a drainage
outlet to the cell at Blaine and Stolley Park. This water will drain water to the Central Community College area then out to the Wood River.
Grand Island Council Session - 9/25/2012 Page 18 / 251
O’Neill closed the Public Hearing.
A motion was made by Ruge and seconded by Reynolds to approve the Rezone from R2 – Low Density Residential to RD – Residential
Development Zone. A motion was also made simultaneously to approve
the Preliminary Plat and Final Plat for Hornady Second Subdivision.
A roll call vote was taken and the motion passed with 10 members present and voting in favor (Amick, Eriksen, Connelly, McCarty, Snodgrass, O’Neill,
Bredthauer, Ruge, Reynolds and Haskins) and no one voting against.
The Planning Director’s recommendation to the Planning Commission is also attached to
this recommendation from the Planning Commission.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the rezoning request as presented
2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended. Sample Motion
Move to approve the rezone request for property platted as 23 Lots of Hornady Second
Subdivision.
Grand Island Council Session - 9/25/2012 Page 19 / 251
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City of Grand Island
Tuesday, September 25, 2012
Council Session
Item E3
Public Hearing on Annual Report by the Citizens’ Review
Committee on the Economic Development Program Plan
Staff Contact: Mary Lou Brown
Grand Island Council Session - 9/25/2012 Page 21 / 251
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:September 25, 2012
Subject:Public Hearing Concerning the Annual Report by the
Citizens’ Review Committee on the Economic
Development Program Plan
Item #’s:E-3 & G-7
Presenter(s):Mary Lou Brown, City Administrator
Background
The votes of the City of Grand Island approved an economic development plan at the
May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that
establishes the economic development plan and a Citizens’ Advisory Review Committee
to oversee the process of approving applications for economic development incentives.
The Citizens’ Advisory Review Committee is required by State Statute and the Grand
Island City Code to make an annual report to the City Council.
Discussion
The Citizens’ Advisory Review Committee has been conducting regular meetings during
the last six months as required by the City Code and the Nebraska Statutes. The
committee looks forward to receiving and reviewing meritorious applications for
consideration in the future. The committee received the annual report from the Economic
Development Corporation at its meeting of August 28, 2012 and voted to forward it on to
the City Council for its review and acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Accept the annual report of the Citizens’’ Advisory Review Committee.
2.Do not accept the annual report of the Citizens’’ Advisory Review
Committee.
Grand Island Council Session - 9/25/2012 Page 22 / 251
Recommendation
City Administration recommends that the Council accept the annual report of the
Citizens’ Advisory Review Committee.
Sample Motion
Move to accept the annual report of the Citizens’ Advisory Review Committee.
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City of Grand Island
Tuesday, September 25, 2012
Council Session
Item E4
Public Hearing on Neighborhood Stabilization Grant Program 09-
3N-11 Budget Amendment
Staff Contact: Marco Floreani
Grand Island Council Session - 9/25/2012 Page 28 / 251
Council Agenda Memo
From:Marco Floreani, Community Development Administrator
Council Meeting:September 25, 2012
Subject:Approving Neighborhood Stabilization Program
09-3N-11 Budget Amendment Request
Item #:E-4 & G-18
Presenter(s):Marco Floreani, Community Development Administrator
Background
In 2009, the City of Grand Island was awarded a $993,712 Neighborhood Stabilization Program
Grant from the Nebraska Department of Economic Development for property acquisition,
demolition, redevelopment of new housing, housing administration, and general administration.
In September 2010, the Department of Economic Development awarded an additional $190,000
to the City for additional demolition and redevelopment. The project has enabled the City to
demolish 11 blighted structures and fund construction of eight (8) new houses on a portion of the
lots. The houses are available to first-time homebuyers, who can apply for Direct Subsidy for
down payment through this grant. All funds from the sale of each property will return to the City
as program income and reinvested into similar projects.
Habitat for Humanity has constructed three houses on two lots (one was a double lot). The
Housing Development Corporation (HDC) has coordinated construction of houses on five of the
properties. All three Habitat for Humanity houses are complete and occupied by low-income
families; five houses constructed by HDC have been sold.
Discussion
With all demolition and construction complete, there are remaining funds available for use in the
Clearance/Demolition activity of the budget. By requesting a budget amendment, these
Clearance/Demolition funds may be reallocated to New Construction activity. This will give the
City of Grand Island the opportunity to pay all remaining invoices by utilizing the funds we have
been awarded for the Neighborhood Stabilization Program (NSP) grant 09-3N-11. The current
remaining funds in the Clearance/Demolition activity are $16,728. The proposed budget
amendment will allocate $4,000 of these funds to be used for the New Construction activity
costs. The Grand Island City Council is required to take action on the budget amendment request
for submission to the Nebraska Department of Economic Development.
Grand Island Council Session - 9/25/2012 Page 29 / 251
The budget amendment is being requested due to:
1.Allocate $4,000 of the Clearance/Demolition funds remaining, which were not fully
utilized during the demolishing of 11 owner-occupied, vacant, blighted properties in
Grand Island.
2.The ability to re-allocate these remaining funds to the New Construction activity will
allow the City to finalize all expenses incurred during the construction of 8 homes
built for low-moderate income individuals and families.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Approve the Neighborhood Stabilization Program (NSP) grant 09-3N-11 budget
amendment request
2.Refer the issue to a Committee.
3.Postpone the issue to a later date.
Recommendation
City Administration recommends that Council approves the Neighborhood Stabilization Program
(NSP) grant 09-3N-11 budget amendment request.
Sample Motion
Move to approve the Neighborhood Stabilization Program (NSP) grant 09-3N-11 budget
amendment request.
Grand Island Council Session - 9/25/2012 Page 30 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item F1
#9402 - Consideration of Assessments for South Locust Business
Improvement District 2012
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: Jaye Monter
Grand Island Council Session - 9/25/2012 Page 31 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
ORDINANCE NO. 9402
An ordinance to assess and levy a special tax to pay the 2012-2013 revenue year
of the South Locust Business Improvement District 2012 of the City of Grand Island, Nebraska;
to provide for the collection of such special tax; to repeal any provisions of the Grand Island City
Code, ordinances, or parts of ordinances in conflict herewith; and to provide for publication and
the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. There is hereby assessed upon the following described lots, tracts,
and parcels of land, specially benefited, for the purpose of paying the 2012-2013 revenue year
cost of South Locust Business Improvement District 2012 of the City of Grand Island, as
adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits
accruing thereto by reason of such Business Improvement District, after due notice having been
given thereof as provided by law; and a special tax for such 2012-2013 revenue year cost is
hereby levied at one time upon such lots, tracts and lands as follows:
Name Description Assessment
Westerby/Michael J &
Mandy Janisch Sub Pt Lt 1 834.92
Mcdermott/Niels C Brownell Sub xc .0051 Ac To Row Lt 1 Xc E 10' 347.86
Wiltgen Corp II Kirkpatrick Sub Lt 5 491.03
Wiltgen Corp II Kirkpatrick Sub Lt 6 483.65
Giomaha LLC Labelindo Second Sub Pt Lt 1 xc 18.3 Ft To City 1,945.88
Zana/James Scott R & R Sub Pt Lt 1 979.41
Casey'S Retail Co Pleasant Home Sub xc City E 1/2 Of S 1/2 Blk 9 977.04
Locust Street LLC Pleasant Home Sub xc City Blk 16 1,945.67
Oberg/Danny K Roepke Sub Pt Lt 2 & Pt Lt 1 1,074.21
Oberg/Danny K Roepke Second Sub Pt Lt 1 316.68
Edwards Building CORP Fonner Sub Lt 1 xc City 1,043.58
Grand Island Associates LLC Fonner Fourth Sub Lt 1 3,410.05
Grand Island Council Session - 9/25/2012 Page 32 / 251
ORDINANCE NO. 9402 (Cont.)
- 2 -
Far Reach LLC Fonner Second Sub xc City Lt 5 1,391.03
Far Reach LLC Fonner Second Sub xc City Lt 6 2,785.04
Three Circle Irrigation INC Fonner Third Sub Pt Lt 1 & Pt Lt 3 2,365.22
Edwards Building CORP Fonner Third Sub Replatted Pt Lt 3 974.4
Staab/Kenneth W & Rose
Mary
Miscellaneous Tracts 21-11-9 xc To City 52' X 257' Pt
Se 1/4 Se 1/4 361.78
Staab Ph Units LLC
Miscellaneous Tracts 21-11-9 Pt Se 1/4 Se 1/4 .20 Ac
To City .817 Ac 940.23
Reilly/Michael J & Carey M Jnw Sub Lt 1 1,071.84
Edwards Building CORP Jnw Second Sub Lt 1 1,154.18
Sax Pizza Of America INC Sax'S Second Sub Lt 2 752.31
Braddy/Cindy
Miscellaneous Tracts xc To City 21-11-9 Pt Se 1/4 Se
1/4 .78 Ac 941.48
Arec 7, LLC
Miscellaneous Tracts 21-11-9 xc City Pt Se 1/4 Se 1/4
1.17 Ac 1,391.86
Sax Pizza Of America INC Sax'S Second Sub Lt 1 867.84
Goodwill Indust Of Greater
Nebr Goodwill Sixth Sub Lt 2 1,282.31
Hall County Livestock
Improvement ASSN
Miscellaneous Tracts 22-11-9 To The City Of Grand
Island Pt Sw 1/4 Sw 1/4 & Pt Nw 1/4 Sw 1/4 xc .15 A
City & 1.03 Ac Fonner Rd xc .05 Ac City Xc .98 Ac City
23.97 Ac 2,306.82
Bosselman Leasing LLC R & R Sub Pt Lt 2 969.88
Preferred Enterprises LLC Fonner Fourth Sub To City Row Pt Lt 2 1,044.07
Total Amount 34,450.27
SECTION 2. The special tax shall become delinquent in fifty (50) days from date
of this levy; the entire amount so assessed and levied against each lot or tract may be paid within
fifty (50) days from the date of this levy without interest and the lien of special tax thereby
satisfied and released. After the same shall become delinquent, interest at the rate of fourteen
percent (14%) per annum shall be paid thereon.
SECTION 3. The city treasurer of the City of Grand Island, Nebraska, is hereby
directed to collect the amount of said taxes herein set forth as provided by law.
SECTION 4. Such special assessments shall be paid into a fund to be designated
as the "South Locust Business Improvement District 2012".
Grand Island Council Session - 9/25/2012 Page 33 / 251
ORDINANCE NO. 9402 (Cont.)
- 3 -
SECTION 5. Any provision of the Grand Island City Code, any ordinance, or
part of an ordinance in conflict herewith is hereby repealed.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: September 25, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 34 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item F2
#9403 - Consideration of Request to Rezone Property Located at
2430 & 2522 Stolley Park Road and 2433 & 2425 Del Mar Avenue
– Hornady Subdivision from R2 Low Density Residential to RD
Residential Development
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 9/25/2012 Page 35 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
ORDINANCE NO. 9403
An ordinance rezoning certain tracts of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising all of Lots
Two (2) Three (3), Four (4), and Five (5), of Hornady Subdivision in the City of Grand Island,
Hall County, Nebraska, from R2-Low Density Residential Zone to RD-Residential Development
Zone; directing the such zoning change and classification be shown on the Official Zoning Map
of the City of Grand Island; amending the provisions of Section 36-44; and providing for
publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on September 5, 2012, held a
public hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Board of Education of School District No. 2 in Hall County, Nebraska; and
WHEREAS, after public hearing on September 25, 2012, the City Council found
and determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned and reclassified and
changed from R2-Low Density Residential Zone to RD-Residential Development Zone:
all of Lots Two (2) Three (3), Four (4), and Five (5), of Hornady
Subdivision in the City of Grand Island, Hall County, Nebraska,
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-44 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
Grand Island Council Session - 9/25/2012 Page 36 / 251
ORDINANCE NO. 9403 (Cont.)
- 2 -
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 25, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 37 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item F3
#9404 - Consideration of Vacation of a Portion of Del Mar Avenue
in Hornady Subdivision (JEH Holdings, LLC)
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 38 / 251
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:September 25, 2012
Subject:Consideration of Vacation of a Portion of Del Mar
Avenue in Hornady Subdivision (JEH Holdings, LLC)
Item #’s:F-3
Presenter(s):Terry Brown, Interim Public Works Director
Background
Council action is required for vacation of a public street.
Discussion
JEH Holdings, LLC is developing Hornady Subdivision and is requesting to vacate a potion of
Del Mar Avenue to accommodate replatting of the subdivision. This vacation will allow for
new street access, easement, and lots.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve or deny.
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 request for the vacation of a
portion of Del Mar Avenue.
Sample Motion
Move to approve the Ordinance.
Grand Island Council Session - 9/25/2012 Page 39 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
ORDINANCE NO. 9404
An ordinance to vacate a portion of the public street on the west side of Del Mar Avenue;
a vacation of right-of-way of part of Del Mar Avenue in the City of Grand Island in part of the Southeast
Quarter of the Southeast Quarter (SE ¼, SE ¼) of Section Twenty (20), Township Eleven (11) North,
Range Nine (9) West of the 6th P.M., City of Grand Island, Hall County, Nebraska and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any ordinance or
parts of ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That a portion of the public street consisting of a tract of land comprising that portion of
Del Mar Avenue in the City of Grand Island in part of the Southeast Quarter of the Southeast Quarter
(SE ¼, SE ¼) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th
P.M., Hall County, Nebraska, and more particularly described as follows:
COMMENCING AT THE SOUTHEAST CORNER OF THE SE ¼, SE ¼; THENCE ON AN
ASSUMED BEARING OF N9000’00”W, ALONG THE SOUTH LINE OF SAID SE ¼, SE ¼, A
DISTANCE OF 175.00 FEET; THENCE N0107’46”E A DISTANCE OF 333.03 FEET TO A POINT
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
Grand Island Council Session - 9/25/2012 Page 40 / 251
ORDINANCE NO. 9404 (Cont.)
- 2 -
BEING THE NORTHEAST CORNER OF LOT 1, HORNADY SUBDIVISION; THENCE
N8959’22”W A DISTANCE OF 130.00 FEET; THENCE N0108’39”W A DISTANCE OF 288.74
FEET TO A POINT ON THE SOUTH RIGHT OF WAY (R.O.W.) LINE OF DEL MAR AVENUE;
THENCE S8849’09”W, ALONG SAID SOUTH R.O.W. LINE, A DISTANCE OF 37.44 FEET TO A
POINT OF CURVATURE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
AROUND A CURVE IN A COUNTER CLOCK-WISE DIRECTION WITH A DELTA ANGLE OF
2428’25”, HAVING A RADIUS OF 95.00 FEET, AND CHORD BEARING OF S7653’28”W A
CHORD DISTANCE OF 40.27 FEET; THENCE AROUND A CURVE IN A CLOCK-WISE
DIRECTION WITH A DELTA ANGLE OF 24558’46”, HAVING A RADIUS OF 51.50 FEET, AND
CHORD BEARING OF N8743’00”W A CHORD DISTANCE OF 86.39 FEET; THENCE
N3516’23”E A DISTANCE OF 32.86 FEET; THENCE S4602’28”E A DISTANCE OF 3.11 FEET;
TEHNCE S4616’42”E A DISTANCE OF 29.92 FEET; THENCE N8849’09”E A DISTANCE OF
82.72 FEET TO THE POINT OF BEGINNING. SAID VACATION CONTAINS A CALCULATED
AREA OF 7,973.45 SQUARE FEET OR 0.18 ACRES MORE OR LESS.
Such public street to be vacated is shown and more particularly described on Exhibit A attached
hereto.
SECTION 2. The title to the property vacated by Section 1 of this Ordinance
shall revert to the abutting properties.
SECTION 3. This Ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: September 25, 2012
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 41 / 251
Grand Island Council Session - 9/25/2012 Page 42 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item F4
#9405 - Consideration of Vacation of a Utility Easement Located in
Hornady Subdivision (JEH Holdings, LLC)
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 43 / 251
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:September 25, 2012
Subject:Consideration of Vacation of a Utility Easement Located
in Hornady Subdivision (JEH Holdings, LLC)
Item #’s:F-4
Presenter(s):Terry Brown, Interim Public Works Director
Background
A permanent utility easement was filed with Hall County on November 21, 2008, as part
of the Hornady Subdivision.
There are no conflicts with utilities.
Discussion
The developer of Hornady Subdivision has requested that a portion of the permanent
utility easement be vacated to allow for redesign of the development. This vacation will
allow for lot/building expansion and the majority of the easement will be rededicated as
an outlot/drainage easement.
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
Grand Island Council Session - 9/25/2012 Page 44 / 251
Recommendation
City Administration recommends that the Council approve the passing of an ordinance
vacating the utility easement in Hornady Subdivision.
Sample Motion
Move to approve the passing of an ordinance vacating the utility easement in Hornady
Subdivision.
Grand Island Council Session - 9/25/2012 Page 45 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9405
An ordinance to vacate an existing utility easement and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That the existing utilities easement located in a tract of land
comprising that portion of Hornady Subdivision, more particularly described as follows:
PART OF LOT 4, HORNADY SUBDIVISION IN THE CITY OF GRAND ISLAND IN
PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE ¼, SE ¼)
OF SECTION TWENTY (20), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST
OF THE 6TH P.M., HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SE ¼, SE ¼; THENCE
ON AN ASSUMED BEARING OF N9000’00”W, ALONG THE SOUTH LINE OF SAID SE
¼, SE ¼, A DISTANCE OF 175.00 FEET; THENCE N0107’46”W A DISTANCE OF 40.00
FEET TO A POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.) LINE
OF STOLLEY PARK ROAD AND THE WEST R.O.W. LINE OF ARTHUR STREET, SAID
POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 1, HORNADY SUBDIVISION;
THENCE N9000’00”W, ALONG SAID NORTH R.O.W. LINE, A DISTNACE OF 584.68
FEET TO A POINT BEING THE SOUTHWEST CORNER OF LOT 3, HORNADY
SUBDIVISION; THENCE N0042’56”E, ALONG THE WEST LINE OF SAID LOT 3, A
Grand Island Council Session - 9/25/2012 Page 46 / 251
ORDINANCE NO. 9405 (Cont.)
- 2 -
DISTANCE OF 182.38 FEET TO A WESTERLY CORNER OF SAID LOT 3; THENCE
N3516’23”E A DISTANCE OF 219.37 FEET TO THE POINT OF BEGINNING; THENCE
N1350’22”E A DISTANCE OF 142.20 FEET; THENCE N2331’44”E A DISTANCE OF
32.25 FEET; THENCE N3516’23”E A DISTANCE OF 139.77 FEET TO A POINT ON THE
WEST LINE OF LOT 20, BLOCK 5, BEL AIR ADDITION; THENCE S4558’46”E, ALONG
SAID WEST LINE, A DISTANCE OF 59.21 FEET; THENCE S3516’23”W A DISTANCE
OF 294.70 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A
CALCULATED AREA OF 13,099.94 SQUARE FEET OR 0.30 ACRES MORE OR LESS.
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: September 25, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 47 / 251
Grand Island Council Session - 9/25/2012 Page 48 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G1
Approving Minutes of September 11, 2012 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 49 / 251
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
September 11, 2012
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on September 11, 2012. Notice of the meeting was given in The Grand Island
Independent on September 5, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. The
following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae
Edwards, City Attorney Robert Sivick, Interim Public Works Director Terry Brown and Finance
Director Jaye Monter.
INVOCATION was given by Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Kennedy Martinez.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of the “Mayor’s Builder Award” to the Patriot Guard. Mayor Vavricek presented
the second “Mayor’s Builder Award” to the Patriot Guard for their patriotism to all who serve
and sacrifice. Ed Taylor, Ride Captain from Kearney, NE and several members of the Patriot
Guard were present to receive the award.
BOARD OF EQUALIZATION: Motion by Gilbert, second by Niemann, carried unanimously to
adjourn to the Board of Equalization.
#2012-BE-2 – Consideration of Determining Benefits for Business Improvement District #6,
Second Street, Second Street. Finance Director Jaye Monter reported that the City Council in its’
capacity as the Board of Equalization was required to determine the benefits for BID #6. Special
assessments were for the amount of $32,149.61. This was the last year of the 5 year life of the
BID.
#2012-BE-3 – Consideration of Determining Benefits for Business Improvement District #7,
South Locust Street from Stolley Park Road to Highway 34. Finance Director Jaye Monter
reported that the City Council in its’ capacity as the Board of Equalization was required to
determine the benefits for BID #7. Special assessments were for the amount of $47,891.03. This
was the last year of the 5 year life of the BID.
#2012-BE-4 (A) – Consideration of Determining Benefits for Business Improvement District #8,
Downtown. Finance Director Jaye Monter reported that the City Council in its’ capacity as the
Board of Equalization was required to determine the benefits for BID #8. Special assessments
were for the amount of $89,671.62. Presented were two Resolutions with a 70% and 100%
assessment for owner occupied residents. This was the last year of the 5 year life of the BID.
Grand Island Council Session - 9/25/2012 Page 50 / 251
Page 2, City Council Regular Meeting, September 11, 2012
Discussion was held regarding what qualified as an exemption. Ms. Monter stated anything tax
exempt or property that was vacant would qualify.
Motion by Gilbert, second by Haase to approve Resolutions #2012-BE-2, #2012-BE-3, and
#2012-BE-4 (A). Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey carried
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Request from Alferes, LLC dba El Diamente Bar & Grill, 1600 South Eddy
Street, Suite 104 for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an
application for a Class “C” Liquor License had been received from Alferes, LLC dba El
Diamente Bar & Grill, 1600 South Eddy Street, Suite 104. Ms. Edwards presented the following
exhibits for the record: application submitted to the Liquor Control Commission and received by
the City on August 20, 2012; notice to the general public of date, time, and place of hearing
published on September 1, 2012; notice to the applicant of date, time, and place of hearing
mailed on August 20, 2012; along with Chapter 4 of the City Code. Staff recommended denial
based on the Police Department report of false application and prior incidents at this location.
Timothy McReynolds, attorney for the applicant spoke in support. No public further testimony
was heard.
Public Hearing on Request from La Isla Bar, Inc. dba La Isla Bar, 106 East 3rd Street for a Class
“CK” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “CK”
Liquor License had been received from La Isla Bar, Inc. dba La Isla Bar, 106 East 3rd Street. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on August 27, 2012; notice to the general public
of date, time, and place of hearing published on September 1, 2012; notice to the applicant of
date, time, and place of hearing mailed on August 27, 2012; along with Chapter 4 of the City
Code. Staff recommended approval unless the Council had concerns of the number of Liquor
Licenses in this area. No public testimony was heard.
Public Hearing on Request from Hoch, Inc. dba H & H Distributing, 4221 Juergen Road for an
Addition to Class “W-13932” and “X-75175” Liquor Licenses. City Clerk RaNae Edwards
reported that an application for an addition to Class “W-13932” and “X-75175”” Liquor
Licenses had been received from Hoch, Inc. dba H & H Distributing, 4221 Juergen Road. Ms.
Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on August 16, 2012; notice to the general public
of date, time, and place of hearing published on September 1, 2012; notice to the applicant of
date, time, and place of hearing mailed on August 20, 2012; along with Chapter 4 of the City
Code. Staff recommended approval contingent upon final inspections. No public testimony was
heard.
Public Hearing on Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 1720 North Broadwell Avenue. Building Department Director Craig Lewis reported that this
Grand Island Council Session - 9/25/2012 Page 51 / 251
Page 3, City Council Regular Meeting, September 11, 2012
request was to allow for the construction of a 60 foot utility pole at the existing Fire Station No.
2 site, 1720 North Broadwell Avenue to accommodate wireless radio equipment to facilitate
network communications between City Departments. Staff recommended approval. No public
testimony was heard.
Public Hearing on Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 2310 South Webb Road. Building Department Director Craig Lewis reported that this request
was to allow for the construction of a 60 foot utility pole at the existing Fire Station No. 3 site,
2310 South Webb Road to accommodate wireless radio equipment to facilitate network
communications between City Departments. Staff recommended approval. No public testimony
was heard.
Public Hearing on Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 3690 West State Street. Building Department Director Craig Lewis reported that this request
was to allow for the construction of a 60 foot utility pole at the existing Fire Station No. 4 site,
3690 West State Street to accommodate wireless radio equipment to facilitate network
communications between City Departments. Staff recommended approval. No public testimony
was heard.
Public Hearing on Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 3168 West Stolley Park Road. Building Department Director Craig Lewis reported that this
request was to allow for the construction of a 60 foot utility pole at the existing Grand Island
Cemetery site, 3168 West Stolley Park Road to accommodate wireless radio equipment to
facilitate network communications between City Departments. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 151 East Capital Avenue –
Merrick Co. (George Medbery & Douglas Peterson). Utilities Director Tim Luchsinger reported
that acquisition of a utility easement located at 151 East Capital Avenue, east of Gunbarrel Road
in Merrick County, was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers for the purpose of placing conduit,
primary electrical cable and a single phase pad-mounted transformer to provide electrical service
to a new home now under construction. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 518 East Capital Avenue (Capital
Mobile Home Park, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 518 East 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 relocating overhead electrical lines in Capital Mobile Home Park. Staff recommended
approval. No public testimony was heard.
Public Hearing on General Property, Parking District #2 (Ramp) and Community Development
Authority Tax Request. Finance Director Jaye Monter reported that state statutes required the
City to conduct a public hearing if the property tax request changes from one year to the next.
Grand Island Council Session - 9/25/2012 Page 52 / 251
Page 4, City Council Regular Meeting, September 11, 2012
Property tax request for the 2012-2013 general property tax was $8,157,816, Parking District No.
2 at $8,000, and the Community Redevelopment Authority property tax at $654,437. Staff
recommended approval. No public testimony was heard.
Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking
District No. 1. Finance Director Jaye Monter reported that this was the annual Council action to
establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2012-
2013 occupation tax factor was $.1511 per square foot and would provide taxes of $39,985.78.
Staff recommended approval. No public testimony was heard.
Public Hearing on Proposed FY 2012-2013 Community Redevelopment Authority (CRA) and
City of Grand Island Budget. Finance Director Jaye Monter reported that included in the FY
2012-2013 Annual Single City Budget was the designation of $100,000 to the Grand Generation
Center for capital improvements. Reviewed were the changes to the preliminary budget
published for the 2012-2013 Budget. The following people spoke in support of the $100,000
funding for the Grand Generation Center: Claire Schmidt, 2605 South Stuhr Road; Gary Quandt,
609 West 14th Street; Bob Sorensen, 312 West 17th Street; Carl Hughes, 3646 South 130th Road,
Wood River, NE; and Phyllis Schmidt, 3617 Hidden Point Drive. No further public testimony
was heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9397 – Consideration of Approving FY 2012-2013 Annual Single City Budget, The
Annual Appropriations Bill Including Addendum #1
#9398 – Consideration of Amendments to Chapter 13 of the Grand Island City Code
Relative to Occupation Tax for Downtown Improvement and Parking District No. 1
#9399 – Consideration of Assessments for Business Improvement District #6, Second
Street
#9400 – Consideration of Assessments for Business Improvement District #7, South
Locust from Stolley Park Road to Highway 34
#9401 ( ) – Consideration of Assessments for Business Improvement District #8,
Downtown
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 seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9397 – Consideration of Approving FY 2012-2013 Annual Single City Budget, The
Annual Appropriations Bill Including Addendum #1
Motion by Nickerson, second by Minton to approve Ordinance #9397.
Grand Island Council Session - 9/25/2012 Page 53 / 251
Page 5, City Council Regular Meeting, September 11, 2012
Discussion was held regarding the draft agreement with the Grand Generation Center (GGC).
Ms. Monter stated if the $100,000 was approved in the 2012-2013 budget the agreement with
GGC would come back for Council approval. Comments were made regarding the lease
agreement, city owned building, and the responsibility of the city for the upkeep of the building.
Mentioned was the City had provided funding over the years to GGC. Carl Hughes, chairman of
the GGC board answered questions regarding putting funds aside for capital improvements. He
stated there were no funds to set aside for capital improvements. They were a non-profit
organization.
The contingency fund in the 2012-2013 General Fund was discussed. City Administrator Mary
Lou Brown stated none of the $100,000 would be spent before an agreement with GGC was
approved by Council.
Ms. Monter answered questions regarding no RIF’s in the 2012-2013 budget. Interim Public
Works Director Terry Brown stated the alley next to the GGC building was vacated in 2004 and
therefore was the City’s responsibility. Comments were made regarding the joint meeting with
several Hall County Supervisors, GGC Board and several City Councilmember’s.
City Clerk: Ordinance #9397 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Minton, and Gericke voted aye.
Councilmember Haase voted no. Motion adopted.
City Clerk: Ordinance #9397 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Minton, and Gericke voted aye.
Councilmember Haase voted no. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9397 is declared to be lawfully adopted upon publication as required by law.
#9398 – Consideration of Amendments to Chapter 13 of the Grand Island City Code
Relative to Occupation Tax for Downtown Improvement and Parking District No. 1
Ms. Monter stated Ordinance #9398 was the action item for the Public Hearing.
Motion by Donaldson, second by Minton to approve Ordinance #9398.
City Clerk: Ordinance #9398 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9398 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9398 is declared to be lawfully adopted upon publication as required by law.
Grand Island Council Session - 9/25/2012 Page 54 / 251
Page 6, City Council Regular Meeting, September 11, 2012
#9399 – Consideration of Assessments for Business Improvement District #6,
Second Street
Motion by Carney, second by Niemann to approve.
City Clerk: Ordinance #9399 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9399 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9399 is declared to be lawfully adopted upon publication as required by law.
#9400 – Consideration of Assessments for Business Improvement District #7, South
Locust from Stolley Park Road to Highway 34
Motion by Dugan, second by Gericke to approve.
City Clerk: Ordinance #9400 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9400 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9400 is declared to be lawfully adopted upon publication as required by law.
#9401 (A) – Consideration of Assessments for Business Improvement District #8,
Downtown
Motion by Dugan, second by Gericke to approve.
City Clerk: Ordinance #9401 (A) on first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinance #9401 (A) on final passage. All those in favor of the passage of this
ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9401 (A) is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Agenda items G-7, G-10, G-11, G-17 & G-18 were pulled for further
discussion. Motion by Ramsey, second by Carney to approve the Consent Agenda excluding
items G-7, G-10, G-11, G-17 & G-18. Upon roll call vote, all voted aye. Motion adopted.
Grand Island Council Session - 9/25/2012 Page 55 / 251
Page 7, City Council Regular Meeting, September 11, 2012
Approving Minutes of August 28, 2012 City Council Regular Meeting.
Approving Request from Hoch, Inc. dba H & H Distributing, 4221 Juergen Road for an Addition
to Class “W-13932” and Class “X-75175” Liquor Licenses.
#2012-238 – Approving Final Plat and Subdivision Agreement for Rapien Second Subdivision.
It was noted that Randy and Marianne Rapien, owners, had submitted the Final Plat and
Subdivision Agreement for Rapien Second Subdivision for the purpose of creating 3 lots on
property located north of US Highway 30 and south of Seedling Mile Road containing 3.407
acres.
#2012-239 – Approving Final Plat and Subdivision Agreement for Sophie Acres Subdivision. It
was noted that Tommy and Cary Ummel Jr., owners, had submitted the Final Plat and
Subdivision Agreement for Sophie Acres Subdivision for the purpose of creating 1 lot on
property located east of Gunbarrel Road and south of Bismark Road containing 10.229 acres.
#2012-240 – Approving Acquisition of Utility Easement Located at 151 East Capital Avenue –
Merrick County (George Medbery & Douglas Peterson).
#2012-241 – Approving Acquisition of Utility Easement Located at 518 East Capital Avenue
(Capital Mobile Home Park, LLC).
#2012-242 – Approving Boiler, Machinery and Terrorism Insurance for the Utilities Department
for 2012-2013 with Factory Mutual Insurance Company of St. Louis, MO in an Amount of
$429,840.00. Utilities Director Tim Luchsinger answered questions regarding the increase in the
policy amount. Explained was the terrorism policy and the need for it and that the City had not
bid this insurance for several years. It was mentioned that this was a specialized market.
Motion by Haase, second by Gericke to approve Resolution #2012-242. Upon roll call vote, all
voted aye. Motion adopted.
#2012-243 – Approving Supplemental Agreements with the Burlington Northern Santa Fe
Railroad – Double Track Project.
#20120244 – Approving Amendment to the Natural Gas Supply Agreement with Seminole
Energy Services.
#2012-245 – Approving Change Order #1 for Low NOx Conversion Burners at PGS with
Babcock Services, Inc. of Lees Summit, MO for an Increase of $186,348.00 and a Revised
Contract Amount of $3,437,792.00. Utilities Director Tim Luchsinger explained the change
order.
Motion by Haase, second by Ramsey to approve Resolution #2012-245. Upon roll call vote, all
voted aye. Motion adopted.
#2012-246 – Approving Bid Award for Turbine Generator Stage 10 Bucket Replacement &
Rotor Requirements with Reliable Turbine Services of Sullivan, MO in an Amount of
$108,794.00. Utilities Director Tim Luchsinger answered questions concerning the major
Grand Island Council Session - 9/25/2012 Page 56 / 251
Page 8, City Council Regular Meeting, September 11, 2012
overhaul at Platte Generating Station. The overhaul would start on September 27, 2012 and run
for 6 weeks.
Motion by Haase, second by Dugan to approve Resolution #2012-246. Upon roll call vote, all
voted aye. Motion adopted.
#2012-247 – Approving Coal Contract for 2012 with Arch Coal Sales Company, Inc.
#2012-248 – Approving Coal Contract for 2013 with Arch Coal Sales Company, Inc.
#2012-249 – Approving Certificate of Final Completion for the 2012 Asphalt Resurfacing
Project No. 2012-AC-1 with Gary Smith Construction Co., Inc. of Grand Island, NE.
#2012-250 – Approving Agreement for Appraisal Services for the State Street and Capital
Avenue Connector Trail Project with Capital Appraisal Company, LLC.
#2012-251 – Approving Storm Water Management Plan Program Grant Application.
#2012-252 – Approving Change Order No. 1 for Lift Station No. 7 Repairs Project No. 2011-S-1
with Midlands Contracting, Inc. of Kearney, NE for an increase of $62,736.15 and a Revised
Contract Amount of $407,543.57. Interim Public Works Director Terry Brown stated this should
be Changer Order No. 3.
Motion by Haase, second by Donaldson to approve Resolution #2012-252. Upon roll call vote,
all voted aye. Motion adopted.
#2012-253 – Approving Additional Equipment for Fire Rescue/Pumper with Smeal Fire
Apparatus of Snyder, NE in an Amount of $6,451.80. Interim Fire Chief Russ Blackburn
explained the purchase of additional equipment. Discussion was held concerning the purchasing
rules extending the lowest bid up to the next lowest bid. City Attorney Robert Sivick stated this
would be covered under the City Code Section 27-11 of a small purchase.
Motion by Haase, second by Gericke to approve Resolution #2012-253. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERAALS:
Consideration of Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 1720 North Broadwell Avenue. This item is related to the aforementioned Public Hearing.
Consideration of Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 2310 South Webb Road. This item is related to the aforementioned Public Hearing.
Grand Island Council Session - 9/25/2012 Page 57 / 251
Page 9, City Council Regular Meeting, September 11, 2012
Consideration of Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 3690 West State Street. This item is related to the aforementioned Public Hearing.
Consideration of Request from the City of Grand Island for a Conditional Use Permit for
Installation of a Wooden Pole to Mount a Radio for Wireless Network Communications Located
at 3168 West Stolley Park Road. This item is related to the aforementioned Public Hearing.
Discussion was held regarding tress at these locations, aesthetics in the neighborhood, and other
companies in Grand Island that provided these services. Mr. Lewis stated relocation was cot
prohibitive and line of site was the reason for the utility pole.
Motion by Dugan, second by Minton to approve the request for the four Conditional Use
Permits. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2012-254 - Consideration of Request from Aflere, LLC dba El Diamente Bar & Grill, 1600
South Eddy Street, Suite 104 for a Class “C” Liquor License and Liquor Manager Designation
for Gustavo Camacho, Sr., 6021 South 35th Street, Omaha, NE. This item is related to the
aforementioned Public Hearing.
Motion by Nickerson, second by Haase to forward this request to the NE Liquor Control
Commission with no recommendation. Upon roll call vote, Councilmember’s Haase, Carney,
Ramsey, Gilbert, Nickerson, Donaldson, Dugan, and Minton voted aye. Councilmember’s
Niemann and Gericke voted no. Motion adopted.
#2012-255 - Consideration of Request from La Isla Bar, Inc. dba La Isla Bar, 106 East 3rd Street
a Class “CK” Liquor License and Liquor Manager Designation for Tommy Edwards, 1019 N.
Burlington Avenue, Hastings, NE. This item is related to the aforementioned Public Hearing.
Motion by Gericke, second by Carney to approve Resolution #2012-255 contingent upon final
inspections. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert,
Nickerson, Donaldson, Minton, and Gericke voted aye. Councilmember Dugan voted no. Motion
adopted.
#2012-256 – Consideration of Approving 2012-2013 Fee Schedule. Finance Director Jaye
Monter reported that the Fee Schedule was submitted to the Council at the August 21, 2012
Special Meeting. Explained were the changes for 2012-2013. Discussion was held concerning
the fees for the Heartland Public Shooting Park and Community Fieldhouse. Mr. McCoy
explained the student fee and commented on the parks not being watered because of budget cuts
in years past.
Motion by Ramsey, second by Carney to approve Resolution #2012-256. Upon roll call vote, all
voted aye. Motion adopted.
Grand Island Council Session - 9/25/2012 Page 58 / 251
Page 10, City Council Regular Meeting, September 11, 2012
#2012-257 – Consideration of Approving 1% Increase to the Lid Limit. Finance Director Jaye
Monter reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on
the amount of restricted revenues a political subdivision could budget for. The restricted
revenues that the City of Grand Island included in the budget were Property Taxes, Local Option
Sales Tax, Motor Vehicle Tax, Highway Allocation and Municipal Equalization Funds. Of those
restricted revenues, property tax was the only revenue that the City could control. The increase in
restricted funds authority using the 1% additional amount and the population growth (when
available) was not an increase in budgeted revenues. It only provided the ability to increase
restricted revenues, particularly property tax, in a future year if necessary.
Comments were made regarding state spending lids, tax revenue, property tax, and sales tax. Ms.
Monter stated that if the restricted revenue funds were reached, it would take a vote of the people
to increase it.
Motion by Gericke, second by Nickerson to approve Resolution #2012-257. Upon roll call vote,
Councilmember’s Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Minton, and
Gericke voted aye. Councilmember’s Haase and Dugan vote no. Motion adopted.
#2012-258 – Consideration of Approving General Property, Parking District #2 (Ramp) and
Community Redevelopment Authority Tax Request. This item is related to the aforementioned
Public Hearing.
Motion by Donaldson, second by Minton to approve Resolution #2012-258. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Haase to approve the Claims for the period of August 29, 2012
through September 11, 2012, for a total amount of $3,660,655.45. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:30 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 9/25/2012 Page 59 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G2
Approving Re-Appointment of Barry Sandstrom to the
Community Redevelopment Authority Board
The Mayor has submitted the re-appointment of Barry Sandstrom to the Community Redevelopment
Authority Board. This appointment would become effective October 1, 2012 upon approval by the City
Council and would expire on September 30, 2017.
Approval is recommended.
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 9/25/2012 Page 60 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G3
Approving Garbage Permits for Clark Brothers Sanitation,
Heartland Disposal, Mid-Nebraska Disposal, Inc. and Refuse
Permits for Full Circle, Inc., O’Neill Transportation and
Equipment and Scott’s Hauling
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 61 / 251
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:September 25, 2012
Subject:Approving Garbage and Refuse Haulers Permits
Item #’s:G-3
Presenter(s):RaNae Edwards, City Clerk
Background
Grand Island City Code Section 17-15 allows for the Collection, Transportation, and
Disposal of Garbage and/or Refuse. These permits are effective October 1 through
September 30 of each calendar year.
Discussion
The following businesses have submitted applications for renewal for 2012/2013:
Clark Brothers Sanitation, 3080 West 2nd Street Garbage
Heartland Disposal, 2423 W. Old Lincoln Hwy.Garbage
Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage
Full Circle, Inc., 4331 Juergen Road Refuse
O’Neill Transportation and Equipment, 558 S. Stuhr Rd.Refuse
Scott’s Hauling, 3230 Westside Street Refuse
All City Code requirements have been met by these businesses.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the renewal for garbage/refuse permits.
2.Disapprove or deny the renewals.
3.Modify the renewals to meet the wishes of the Council.
4.Table the issue
Grand Island Council Session - 9/25/2012 Page 62 / 251
Recommendation
City Administration recommends that the Council approve the renewals for
garbage/refuse permits for 2012/2013.
Sample Motion
Move to approve the renewal for garbage/refuse permits for 2012/2013.
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City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G4
Approving Liquor Manager Request for Ruby Cargill, 315 South
Plum for The Firehouse Bar, 418 West 4th Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 82 / 251
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:September 25, 2012
Subject:Request from Ruby Cargill, 315 South Plum Street for
Liquor Manager Designation for The Firehouse Bar, 418
West 4th Street
Item #’s:G-4
Presenter(s):RaNae Edwards, City Clerk
Background
Ruby Cargill, 315 South Plum Street has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with The Firehouse Bar, 418
West 4th Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 9/25/2012 Page 83 / 251
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Ruby Cargill, 315 South Plum Street for Liquor
Manager Designation in conjunction with the Class “C-86044” Liquor License for The
Firehouse Bar, 418 West 4th Street with the stipulation that Ms. Cargill complete a state
approved alcohol server/seller training program.
Grand Island Council Session - 9/25/2012 Page 84 / 251
09/13/12 Grand Island Police Department 450
13:54 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 11:01:59 09/06/2012
Occurred before : 11:01:59 09/06/2012
When reported : 11:01:59 09/05/2012
Date disposition declared : 09/06/2012
Incident number : L12090880
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 418 4th St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 12876
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 40763 09/12/12 Cargill, Ruby Mae Manager/Owner
NM 137332 09/12/12 Firehouse Bar, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
Ruby Cargil is applying to be the Liquor Manager at The Firehouse Bar.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
Grand Island Council Session - 9/25/2012 Page 85 / 251
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 14:08:34 09/12/2012
318
Grand Island Police Department
Supplemental Report
Date, Time: Wed Sep 12 14:08:48 CDT 2012
Reporting Officer: Vitera
Unit- CID
I received a copy of a liquor manager application from Ruby Cargill for
The Firehouse Bar. Ruby is the owner of the bar. I did the original
liquor license investigation when Ruby first applied for her license back
in June of 2009. At that time, I did not find any reasons why Ruby
shouldn't have a liquor license.
I checked Ruby through Spillman and didn't find any new undisclosed
convictions. I noticed that the GIPD has had a few calls to The
Firebhouse since Ruby has been the owner, but it appears that she and her
staff have been cooperative with law enforcement. At a recent meeting
with patrol sergeants, I was told that they haven't had any recent issues
with The Firehouse. I also checked Ruby through NCJIS, and she didn't
have any undisclosed convictions.
The Grand Island Police Department has no objection to Ruby Cargill
becoming the liquor manager at The Firehouse Bar.
Grand Island Council Session - 9/25/2012 Page 86 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G5
Approving Request from Skagway Discount Dept. Stores dba
Skagway, 620 State Street for a Deletion to their Class “CK-84624”
Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 87 / 251
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:September 25, 2012
Subject:Request from Skagway Discount Dept. Stores dba
Skagway, 620 State Street for a Deletion to Class “CK-
84624” Liquor License
Item #’s:G-5
Presenter(s):RaNae Edwards, City Clerk
Background
Skagway Discount Dept. Stores dba Skagway, 620 State Street has submitted an
application for a deletion to their Class “CK-84624 Liquor License.
Discussion
Skagway currently holds a liquor license which covers 200’ x 500’ located at 620 State
Street. They are requesting a deletion of a portion of the building belonging to Wilmar
Realty, LLC, 620 State Street, Suite B, shown in the attached diagram.
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 City
Clerk.
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.
Grand Island Council Session - 9/25/2012 Page 88 / 251
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the deletion.
Sample Motion
Move to approve the request from Skagway Discount Dept. Stores dba Skagway for a
deletion to their Class “CK-84624” Liquor License located at 620 State Street.
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City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G6
#2012-259 - Approving Preliminary and Final Plat and Subdivision
Agreement for Hornady Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 9/25/2012 Page 92 / 251
Council Agenda Memo
From: Regional Planning Commission
Meeting: September 25, 2012
Subject: Hornady Second Subdivision - Preliminary & Final Plat
Item #’s: G-6
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Stolley Park and west of Arthur Street. This final plat
proposes to create 23 Lots on a replat of Lots 2, 3, 4, and 5 Hornady Subdivision in the
City of Grand Island, in part of the Southeast Quarter of the Southeast Quarter (SE1/4,
SE1/4 of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 7.822
acres.
Discussion
The revised plat for Hornady Second Subdivision Preliminary & Final Plat was
considered by the Regional Planning Commission at the September 5, 2012 meeting. A motion was made by Ruge and seconded by Reynolds to approve the plat as
presented.
A roll call vote was taken and the motion passed with 10 members present and voting in favor (Amick, Eriksen, Connelly, McCarty, Snodgrass, O’Neill, Bredthauer, Ruge, Reynolds and Haskins) and no one voting against.
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
Grand Island Council Session - 9/25/2012 Page 93 / 251
4. Take no action on the issue
5.
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Sterling Estates Second Subdivision Developer/Owner
JEH Holdings LLC 2517 Apache Road
Grand Island NE 68801
To create 23 lots north of Stolley Park Road and west of Arthur Street, in the City of
Grand Island, in Hall County, Nebraska. Size: 7.822 acres
Zoning: RD – Residential Development Zone
Road Access: City Roads
Water Public: City water is available Sewer Public: City sewer is available
Grand Island Council Session - 9/25/2012 Page 96 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-259
WHEREAS, JEH HOLDINGS, LLC, being the said owner of the land described
hereon, have caused same to be surveyed, subdivided, platted and designated as “HORNADY
SECOND SUBDIVISION”, to be laid out into 23 lots, a replat of Lots 2, 3, 4 and 5, Hornady
Subdivision in the City of Grand Island, in Part of the Southeast Quarter of the Southeast Quarter
(SE1/4, SE1/4) of Section Twenty (20), Township Eleven (11) North, Range Nine (9) West of
the 6th P.M., in the City of Grand Island, Hall County Nebraska, 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 HORNADY SECOND
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, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 97 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G7
#2012-260 - Approving Annual Report by the Citizens’ Review
Committee on the Economic Development Program Plan
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Mary Lou Brown
Grand Island Council Session - 9/25/2012 Page 98 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-260
WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110
require a report by the Citizens Advisory Review Committee to the City Council at least once
every six months on its findings and suggestions on the administration of the Economic
Development Plan; and
WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory
Review Committee was held at a regular session of the Grand Island City Council on September
25, 2012; and
WHEREAS, said report gave information about the activities of the past six
months that have taken place pursuant to the Economic Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual report of the Citizens
Advisory Review Committee is hereby accepted and approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 99 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G8
#2012-261 - Approving Job Specific Service Agreement with
Nebraska Public Power District
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 9/25/2012 Page 100 / 251
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:September 25, 2012
Subject:Job Specific Service Agreement with Nebraska Public
Power District
Item #’s:G-8
Presenter(s):Tim Luchsinger, Utilities Director
Background
On April 21, 2009, a presentation was made during a Council Study Session summarizing
a 115 kV Transmission line route study for a new transmission line to be constructed
northwest of the city. During the following City Council meeting on April 28, 2009,
Council authorized the Utilities Department to proceed with the necessary engineering,
permits and other services required to construct the new transmission line. On October
25, 2011, Council approved the construction contract with IES Industrial to construct the
new line. Construction is nearing completion with an anticipated in-service date of
November, 2012.
Discussion
Nebraska Public Power District (NPPD) has been heavily involved with the planning and
implementation of the new transmission line since it connects to their system. Due to this
involvement, NPPD will play a key role in the final steps to energize the new line. These
steps include development of relay settings, communications testing, line trip checks and
other necessary activities to ensure the correct operation of the new line. In order to
perform these functions on behalf of the City, NPPD requires a service agreement. It is
recommended that the Service Agreement be signed in order to complete the project in a
timely manner.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 9/25/2012 Page 101 / 251
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 Job Specific Service
Agreement with Nebraska Public Power District.
Sample Motion
Move to approve the Job Specific Service Agreement with Nebraska Public Power
District.
Grand Island Council Session - 9/25/2012 Page 102 / 251
Grand Island SA – Job Specific 1 090712/llr
CRF # 12-L20-199
JOB SPECIFIC SERVICE AGREEMENT
between
CITY OF GRAND ISLAND, NEBRASKA
and
NEBRASKA PUBLIC POWER DISTRICT
ARTICLE I
PARTIES
1.1 This Agreement is made and entered into by and between Nebraska Public
Power District, a public corporation and political subdivision of the State of
Nebraska (NPPD), and the City of Grand Island, Nebraska, (Customer), each
sometimes hereinafter referred to singularly as “Party” and collectively as the
“Parties.”
ARTICLE II
BACKGROUND
2.1 Customer has requested that NPPD provide relay recommendations, relay
settings, drawing review, and relay testing.
ARTICLE III
SCOPE OF SERVICES
3.1 At Customer's Substation F, NPPD shall perform the following services:
3.1.1 Recommend a protection scheme for line 1369 (L1369) to Customer's
substation F, which shall include, but not be limited to, support for the
recommended relays on L1369, relay setting calculations (L1369 primary
relay, and secondary relay), drawing review and on-site engineering
support for commissioning, if needed.
3.1.2 Testing of the new relay scheme.
3.1.3 Customer will create all control drawings, wiring of the new relays, and
shall be responsible for Customer's fiber work.
3.1.4 The total estimated man-hours and costs associated with NPPD's
performance of the services listed under this Section 3.1 are provided in
the table below. Such estimates are based on NPPD's best estimates at
the time of execution of this Agreement, using NPPD's standard charge
rates. NPPD will bill the Customer actual charges for the services
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Grand Island SA – Job Specific 2 090712/llr
performed under this Agreement in accordance with Section 5, below:
Substation F Estimated
Hours Rate Estimated
Total
Prot Eng - Relay Recs 15 $ 81.00 $ 1,215.00
Prot Eng - Set Relays GI-F L1369 120 $ 81.00 $ 9,720.00
Prot Eng - Trip Check GI-F L1369 25 $ 81.00 $ 2,025.00
Drafting 4 $ 48.00 $ 192.00
Prot Eng - Setting Review GI-F L1369 20 $ 81.00 $ 1,620.00
Prot Eng - Trp Chk Review GI-F L1369 0 $ 81.00 $ -
Prot Eng - Commission GI-F L1369 14 $ 81.00 $ 1,134.00
Prot Eng - Meetings 10 $ 81.00 $ 810.00
Control Eng - Commission GI-F L1369 4 $ 81.00 $ 324.00
Sub Tech - Program & Test Relays 20 $ 85.10 $ 1,702.00
Sub Tech - Perform Operation Checkout 0 $ 85.10 $ -
Sub Tech - Pickup 30 $ 30.00 $ 900.00
Engineering - Vehicle 12 $ 30.00 $ 360.00
Telecom Eng - Meetings 4 $ 77.00 $ 308.00
Project Coordinator 0 $ 92.00 $ -
Telecom Support - Mirror Bits 16 $ 67.00 $ 1,072.00
Subtotal $ 21,382.00
Adders $ 11,533.20
Total $ 32,915.20
ARTICLE IV
SCHEDULE
4.1 The Parties agree that the work described herein shall be completed by
December 3, 2012.
ARTICLE V
BILLING FOR SERVICES
5.1 For all services provided to Customer by NPPD under this Agreement, NPPD
will, as soon as practicable after services have been provided, bill Customer in
accordance with NPPD’s standard charge rates.
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Grand Island SA – Job Specific 3 090712/llr
5.2 Except as otherwise mutually agreed by the Parties, all bills for services provided
to Customer by NPPD shall be due within 30 days after rendering by NPPD.
5.3 If Customer disputes all or any portion of a billing for services provided by NPPD
under this Agreement, Customer shall notify its Account Manager or
management at NPPD as soon as possible for resolution of the dispute.
ARTICLE VI
PERSONNEL AND SUPPORT
6.1 NPPD will furnish equipment and trained personnel for the performance of the
services provided under this Agreement. To allow NPPD personnel to familiarize
themselves with Customer's electric facilities for safety considerations and to
expedite NPPD's response time, Customer agrees to furnish copies of all
available maps, diagrams, schedules and other similar material relating to
applicable Customer-owned facilities.
6.2 Such services will be provided in accordance with current applicable NPPD
procedures, standards and specifications and in accordance with the National
Electrical Safety Code.
6.3 Customer will coordinate all switching and clearance points with NPPD personnel
to provide NPPD Technicians and the Customers electrical system the greatest
protection from an unplanned event.
ARTICLE VII
MATERIALS AND SUPPLIES
7.1 To the extent possible, NPPD will utilize Customer’s materials and supplies to
provide the services. Customer and NPPD will make arrangements for NPPD to
access Customer’s materials and supplies. If Customer’s stock is unavailable or
inappropriate to meet the needs in providing the services, NPPD will use
materials and supplies from NPPD’s own stock, if available and appropriate.
Customer agrees to pay NPPD’s actual costs for material and supplies (plus
appropriate adders). The cost for such materials and supplies taken from
NPPD’s stock shall be itemized on the invoice for services submitted to
Customer for payment.
7.2 If appropriate materials and supplies are not available from the stock of
Customer or NPPD, Customer or NPPD will procure the necessary materials and
supplies. If NPPD procures the materials and supplies, Customer will be billed
for all such materials and supplies (plus appropriate adders) required to perform
the services. The cost for such materials and supplies shall be itemized on the
invoice for services submitted to Customer for payment.
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Grand Island SA – Job Specific 4 090712/llr
ARTICLE VIII
INSURANCE
8.1 During the term of this Agreement, NPPD will maintain general liability (including
contractual coverage), automobile liability and workers’ compensation insurance
in accordance with NPPD’s current coverage standards.
8.2 Subject to the availability, limits and scope of the insurance coverage referenced
herein, NPPD will hold Customer harmless from loss, (excluding liability of
Customer to pay workers’ compensation benefits), resulting from legal liability
imposed upon Customer for bodily injury or death of members of the public and
property damage arising out of NPPD’s negligent actions while performing work
under this Agreement.
8.3 This Section 8, and the obligation to obtain and maintain insurance coverage, is
not intended to, and shall not be construed to, create any liability to members of
the public in excess of that provided by law.
8.4 At NPPD’s sole discretion, NPPD may self-insure all or any portion of the
insurance required under this Section 8.
ARTICLE IX
LIMITED WARRANTY PROVISIONS (GOODS AND/OR SERVICES)
9.1 Goods. NPPD warrants that the goods furnished in connection with the work
provided under this Agreement, if any, are free of all liens and encumbrances,
are free of defects in material and workmanship, and conform to the
specifications provided in writing by NPPD, if any. The foregoing warranty does
not extend to any products or components, which are not of NPPD's
manufacture, but NPPD assigns and transfers to Customer any and all
warranties which NPPD may have received from the manufacturers of such
items. If NPPD is requested to assist with material warranties, normal NPPD fees
and adders will be applied to time spent dealing with material warranty issues.
9.2 Services. NPPD agrees that the services performed under this Agreement will
meet the standards of care, skill, and diligence exercised by NPPD in the
performance of such services with respect to NPPD facilities and operations. In
the event any services fail to meet said standards, after such failure is promptly
reported to NPPD, NPPD’s sole obligation and liability to Customer shall be to re-
perform the failed services.
9.3 The foregoing provisions are the sole warranty for the goods and/or services
provided under the Agreement. AS TO ALL GOODS PROVIDED HEREUNDER,
IF ANY, NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE SHALL APPLY.
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Grand Island SA – Job Specific 5 090712/llr
ARTICLE X
INDEMNIFICATION
10.1 Customer agrees to indemnify, defend, and save harmless NPPD or its
representatives, agents, or employees from and against all claims, demands,
suits, actions, payments, and judgments arising out of NPPD's performance of
work under this Agreement, and for any claims arising out of Customer's failure
or refusal to implement NPPD's written or oral instructions, if any, except that
Customer shall not indemnify, defend, and save harmless NPPD or its
representatives, agents, or employees for any negligent act or omission of NPPD
or its representatives, agents or employees.
ARTICLE XI
LIMITATION OF LIABILITY
11.1 In no event shall NPPD be liable under any provision of this Agreement for
special, incidental or consequential damages, including, but not limited to, loss of
profits, loss of revenue, loss of use of any property, cost of capital, cost of
purchased power, cost of substitute equipment, facilities or services, downtime
costs, or claims of Customer for such damages, even if NPPD is expressly
informed of the same.
11.2 NPPD’s sole liability under this Agreement, whether based on contract, tort, or
any other legal theory, shall be limited to the re-performance of the work
performed under this Agreement, in accordance with Section 9.2 of this
Agreement.
ARTICLE XII
SEVERABILITY
12.1 In providing services pursuant to this Agreement, NPPD agrees not to violate
NPPD's policies, procedures or standards. If any provision of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
ARTICLE XIII
UNCONTROLLABLE FORCES
13.1 NPPD shall not be liable for loss or damage from any failures to perform any of
its contractual obligations under this Agreement because of Uncontrollable
Forces, which are circumstances beyond NPPD's control, or because an
emergency situation arises which affects NPPD’s ability to provide services to
Customer under this Agreement, and NPPD shall be temporarily relieved of its
obligations under this Agreement and shall have a reasonable period of time
after termination of the Uncontrollable Force or emergency situation to resume
Grand Island Council Session - 9/25/2012 Page 107 / 251
Grand Island SA – Job Specific 6 090712/llr
performance. NPPD shall notify Customer of the temporary suspension of such
services and shall submit to the Customer a revised performance schedule.
ARTICLE XIV
GOVERNING LAW
14.1 This Agreement is deemed to have been effectively entered into in the State of
Nebraska and it shall be interpreted and controlled by the laws of said State. The
Parties agree that any action arising out of or related to this Agreement brought
by Customer against NPPD shall be brought only in the federal or state courts in
the State of Nebraska.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed by their authorized representatives on the date noted below.
CITY OF GRAND ISLAND, NEBRASKA NEBRASKA PUBLIC POWER DISTRICT
By:____________________________ By: ___________________________
Printed Name: __________________ Printed Name: ____________________
Title:_________________________ Title: ___________________________
Date:_________________________ Date: ___________________________
Grand Island Council Session - 9/25/2012 Page 108 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-261
WHEREAS, on October 25, 2011, City Council approved the construction of a
new transmission line northwest of the City; and
WHEREAS, construction is nearing completion with an anticipated in-service
date of November, 2012; and
WHEREAS, because this line connects to their system, Nebraska Public Power
District’s (NPPD) has been very involvement in this project, and will play a key role in the final
steps to energize the new line; and
WHEREAS, in order to perform these final steps on behalf of the City, NPPD
requires a Service Agreement; and
WHEREAS, the Legal Department has reviewed and approved this agreement,
and it is recommended that this Service Agreement be signed in order to complete the project in
a timely manner.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Job Specific Agreement with
NPPD presented at this meeting is hereby approved, and that the Mayor is authorized to sign the
agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 109 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G9
#2012-262 - Approving 2012-2013 Victim of Crime Act (VOCA)
Grant
see memo
Staff Contact: Chief Steve Lamken
Grand Island Council Session - 9/25/2012 Page 110 / 251
Council Agenda Memo
From: Captain Pete Kortum, Police Department
Meeting: September 25, 2012
Subject: Fiscal 2012-2013 VOCA Grant Award
Item #’s:G-9
Presenter(s): Steven Lamken, Police Chief
Background
The Grand Island Police Department has been awarded a 2012 Victims of Crime Act
(VOCA) Grant award in the amount of $57,638.00 from the Nebraska Commission on
Law Enforcement and Criminal Justice. The match for this grant is in the amount of
$11,528.00 (20%) with the balance, $46,110.00 (80%) from Federal funds. The program
period for this grant is from 10-1-12 through 9-30-13.
Discussion
Council approved the grant application on April 10th, 2012 (Resolution 2012-85). A
requirement for acceptance of the grant is that the grant award and special conditions
document is signed by the Mayor. The Grand Island Police Department is requesting that
the listed grant award be accepted by council and signed for acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the award and accept the VOCA grant funds.
2.Direct the police department to reject the grant award.
Recommendation
City Administration recommends that the Council approve the award and accept the 2012
VOCA grant award.
Grand Island Council Session - 9/25/2012 Page 111 / 251
Sample Motion
Move to approve the award and accept the 2012 Victims of Crime Act grant funding for
fiscal year 2013.
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Grand Island Council Session - 9/25/2012 Page 113 / 251
Grand Island Council Session - 9/25/2012 Page 114 / 251
Grand Island Council Session - 9/25/2012 Page 115 / 251
Grand Island Council Session - 9/25/2012 Page 116 / 251
Grand Island Council Session - 9/25/2012 Page 117 / 251
Grand Island Council Session - 9/25/2012 Page 118 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-262
WHEREAS, on April 10, 2011 council approved the City’s application for a 2012
Victims of Crimes Act (VOCA) grant; and
WHEREAS, the Police Department of the City of Grand Island received
notification that it will receive a 2012 Victims of Crime Act (VOCA) grant award in the amount
of $57,638.00 from the Nebraska Commission on Law Enforcement and Criminal Justice; and
WHEREAS, in acceptance of the grant, the City of Grand Island has a 20% match
of $11,528.00 with the balance from Federal funds in the amount of $46,110.00; and
WHEREAS, the amount awarded is to be used by the Grand Island Police
Department in accordance with criteria established by the grant program; and
WHEREAS, the Mayor of the City of Grand Island is required to sign the grant in
acceptance of the same.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2012 Victim of Crimes Assistance
grant award for the City of Grand Island through the Nebraska Commission on Law Enforcement
and Criminal Justice is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such grant on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 119 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G10
#2012-263 - Approving Amendment #1 for Professional Consulting
Services for the Southwest Outfall Drainage - Central Community
College to the Wood River; Project No. 2011-D-1 - Construction
Services
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 120 / 251
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:September 25, 2012
Subject:Approving Amendment #1for Professional Consulting
Services for the Southwest Outfall Drainage - Central
Community College to the Wood River; Project No.
2011-D-1 – Construction Services
Item #’s:G-10
Presenter(s):Terry Brown, Interim Public Works Director
Background
On September 8, 2009 City Council approved the award of Professional Consulting
Services with Olsson Associates of Grand Island, Nebraska for the Southwest Outfall
Drainage - Central Community College to the Wood River; Project No. 2011-D-1. The
work was approved to be performed at actual costs, with a maximum of $51,900.00.
The project will intercept drainage from the US Highway 281 area southwest of the
Brentwood area and take the storm water east towards the Wood River in accordance
with the drainage plan prepared for this area in 1978.
Any amendments to an agreement must be approved by City Council.
Discussion
City staff negotiated Amendment #1 for construction engineering with Olsson Associates
on the Southwest Outfall Drainage – Central Community College to the Wood River;
Project No. 2011-D-1. Total cost of these services is $35,000.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 9/25/2012 Page 121 / 251
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 Amendment #1 to the
agreement with Olsson Associates of Grand Island, Nebraska for professional consulting
services for the Southwest Outfall Drainage – Central Community College to the Wood
River; Project No. 2011-D-1 to cover construction services.
Sample Motion
Motion to approve.
Grand Island Council Session - 9/25/2012 Page 122 / 251
Grand Island Council Session - 9/25/2012 Page 123 / 251
Grand Island Council Session - 9/25/2012 Page 124 / 251
Grand Island Council Session - 9/25/2012 Page 125 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-263
WHEREAS, on September 8, 2009, be Resolution No. 2009-215 the City of
Grand Island approved an agreement for consulting services for the Southwest Outfall Drainage -
Central Community College to Wood River; Project No. 2011-D-1 in the amount of $51,900.00;
and
WHEREAS, City staff has negotiated Amendment #1 to the original agreement to
provide for construction engineering, in the amount of $35,000.00; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #1 to the original
agreement with Olsson Associates of Grand Island, Nebraska for construction engineering
services for the Southwest Outfall Drainage - Central Community College to the Wood River;
Project No. 2011-D-1 in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 126 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G11
#2012-264 - Approving Use of Land Owned by the City of Grand
Island for the Concrete Driveway and Traffic Signals to be
Constructed on the Walk to Walnut Project
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 127 / 251
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:September 25, 2012
Subject:Approving Use of Land Owned by the City of Grand
Island for the Concrete Driveway and Traffic Signals to
be Constructed on the Walk to Walnut Project
Item #’s:G-11
Presenter(s):Terry Brown, Interim Public Works Director
Background
The Walk to Walnut project will realign the main driveway to Walnut Middle School
with the intersection of 15th Street and Custer Avenue and install traffic signals. This
project is mostly funded with Safe Routes to School (SRTS) funds authorized by the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users Act
(SAFETEA-LU) that are administered by the Nebraska Department of Roads (NDOR).
The original funding cap for this project was set at $249,004.00. The funding cap was
recently removed and Federal Aid will be used to pay for 100% of the costs for
construction, construction engineering and utility relocation. The current estimate for all
project costs is $374,630.00.
The new driveway will be constructed through the Custer and Fifteenth Mini-park. A
permanent easement will be granted to Grand Island Public Schools for the driveway.
Traffic signal poles and public sidewalk will be constructed on the edge east of the Mini-
park at the intersection of the new driveway and Custer Avenue.
Discussion
As per guidance from the Nebraska Department of Roads, a critical component of any
federal aid public transportation project are the land rights needed to facilitate the
construction, operation and maintenance of the project in accordance with Federal
Highway Administration 23 Code of Federal Regulations 1.23(a), which states “Interest
to be acquired. The State shall acquire rights-of-way of such nature and extent as are
adequate for the construction, operation, and maintenance of a project.” These rights
ensure that the facility that is developed with Federal Transportation funds has a legal
Grand Island Council Session - 9/25/2012 Page 128 / 251
right to exist and cannot be displaced by a competing land use, and a return on the
investment will be realized.
Property that is currently owned by the City of Grand Island that was initially purchased
for a purpose other than for the concrete driveway or the traffic signals (transportation
purposes) cannot be readily used for this project without execution of a “Declaration as to
Use” document. The purpose or use consistent with the requirements of the project need
to be established and of record by execution of a “Declaration as to Use” resolution. The
duration the declaration is to be in effect is a minimum of 25 years from completion of
construction.
Once approved, a copy of the “Declaration as to Use” resolution must be placed on file at
the Register of Deeds office.
Approval of Environmental Documents was received in January. Acquisition of Right-
of-Way is anticipated to be completed in the next three months. Construction of this
project is anticipated to occur in 2013.
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 use of a portion of land
owned by the City of Grand Island for the construction, operation and maintenance of a
concrete driveway and traffic signals.
Sample Motion
Move to approve the agreement.
Grand Island Council Session - 9/25/2012 Page 129 / 251
CUSTER AVE.15TH ST.
RELOCATED PLAYGROUND AREA
BY OTHERS
School
Walnut Middle
15th St
16th StCuster AveN
Hall County - Grand Island, NE
SRTS-40(57), CN 42521
Walnut Middle School SRTS
Equipment
New Playground
Mitigation
Detention Pond
Revegetate
Drive and
Remove Existing
Signal
New Traffic
Proposed Design
Exhibit 2
Vandergrift Ave
Proposed Design Features
Walk to Walnut: Safe Routes to School
Tree Removal
New Driveway
Liner
Extended Channel
To Playground
New Sidewalk Access
From Custer Ave. to Minipark
New Sidewalk Access
From Custer Ave. to Minipark
Existing Sidewalk Access
Public Sidewalk
Grand Island Council Session - 9/25/2012 Page 130 / 251
CUSTER AVE.15TH ST.
RELOCATED
PLAYGROUND AREA
BY OTHERS
MDS
DGH
DGH
PROJECT NO.SHEET NO.
Drawn:
Checked:
Approved:
9/7/2012Date:$PROJECT$$PENTBLA$PEN:PROJ:USER:DATE:DGN:9/7/2012ROW Sheet 1.DGNMEGAN STARNER--- PROFESSIONAL CIVIL ENGINE
E
RSTATE OF NEBRASKA
HOLLE
DOUGLAS G.
E-10347
SRTS-40(57)
0 20 40
WALNUT MIDDLE SCHOOL
RIGHT OF WAY
T-1
OWNER DESCRIPTION
OWNERSHIP
TRACT NO.TAKING SQ. FT.
EASEMENTS
PERM. EASE. SQ. FT.TEMP. EASE. SQ. FT.
CITY OF GRAND ISLAND OF GRAND ISLAND LT 20 BLK 2
IMPERIAL VILLAGE SUB TO THE CITY
T-2 OF GRAND ISLAND PT E 1/2 SW 1/4 27.65AC
MISCELLANEOUS TRACTS 8-11-9 TO THE CITY
LEGEND
PERMANENT EASEMENT
TEMPORARY EASEMENT
11
EXISTING LOT LINE
NEW RIGHT-OF-WAY
OF HALL COUNTY, NE
SCHOOL DISTRICT NUMBER 2
CONTRACTOR ACCESS AREA
CONTRACTOR TO STAY WITHIN CITY PROPERTY
LIMITS OF CONSTRUCTION
DRIVEWAY GRADING
CONTRACTOR TO STAY WITHIN CITY PROPERTY
NO.
PER RESOLUTION
DECLARATION OF USE
NO.
PER RESOLUTION
DECLARATION OF USE
DECLARATION OF USE
13,017
7,97821,891
NO.
PER RESOLUTION
PERMANENT EASEMENT AREA
DECLARATION OF USE MATCHING
88.40’
124.17’
88.61’56.40’92.40’4500’00"
4500’00"
LOT 20
BLOCK 2
T-1
IMPERIAL VILLAGE SUBDIVISION
SEC.8, T.11 N., R.9 W.
74.15’
9017’31"46.00’4500’00"
4500’00"
9000’00"85.00’110.00’85.00’110.00’
9000’00"
9000’00"
9000’00"
46.00’
T-2
T-2
20.00’69.99’147.41’85.00’9000’00"
9000’00"
9017’31"
LOT 19
BLOCK 2
7.01’
65.97’20.14’70.09’77.16’
9000’00"
9000’00"
77.59’85.00’T-2 84.91’8942’29"20.00’
T-2
8942’29"
147.84
8942’29"
140.83’
2133’43"
9000’00"
14.00’
9000’00"
15826’17"38.09’97.00’9000’00"
16.00’
14.00’
14.00’35.00’35.00’35.00’9000’00"51.43’Grand Island Council Session - 9/25/2012 Page 131 / 251
Declarations as to Use
A critical component of any federal aid public transportation project are the land rights needed to
facilitate the construction operation and maintenance of the project in accordance with Federal
Highway Administration 23 CFR 1.23(a) – “Interest to be acquired – The State* shall acquire rights-of-
way of such nature and extent as are adequate for the construction, operation, and maintenance of a
project”. These rights ensure that the transportation facility, and the various components and features
that they are comprised of, have a legal right to exist on the land and so that they cannot be displaced
by a competing land use before a return on the investment has been realized. The transportation
facility itself primarily consists of public roads, sidewalks, and multi use trails. Permanent supporting
features of the transportation facility typically include items such as culverts, storm sewers,
embankments, ditches, curb ramps, bridges, street lighting, traffic signals, sight distance, or any other
items that if altered or removed could jeopardize the continued operation and maintenance of the
facility as intended. Permanent land rights encompassing all of these features must be secured by, or
made available to the sponsoring agency to ensure the transportation facility can meet its objectives
and be eligible for federal aid.
*Note - The term “State” in this regulation is generally accepted to mean the public agency who has the
jurisdictional authority for the construction, operation, and maintenance of the facility either by being
the project sponsor, by operation of law, or through agreements or other documents legally establishing
this role.
Because the transportation facility is a public use feature it must reside on public right of way or land
that is dedicated for this use. Land that was previously purchased, platted, or otherwise dedicated for
public right of way is available for the projects use. Similarly, permanent easement rights that are
owned or are otherwise made available to the sponsoring agency may be used for the purpose for which
they were acquired for. Rights for any additional areas that are required for the project will need to be
acquired from the owning party through the standard design-appraisal-acquisition process or other
acceptable means.
At times the transportation facility, or a supporting feature of it, will require the use of property that is
currently owned by the local public agency project sponsor. This land is available for project use if a
purpose consistent with the project needs was either identified as part of the purchase, or was later
identified through a declaration or dedication. Land that was simply purchased in the sponsoring
agencies name, or for a purpose that is not consistent with the transportation projects needs, cannot
readily be used for the project as is. Examples of this situation typically occur when the local public
agency simply purchased the property in their name for some possible future use, because it became
available on the market, or it was acquired for a non transportation use such as a park, school, library,
city office, pool, retirement home, sports complex, maintenance yard, cemetery, etc. Because the
project sponsor already has the ownership in these lands only the purpose or use consistent with the
requirements of the project needs to be established and of record. This can be done by either platting
Grand Island Council Session - 9/25/2012 Page 132 / 251
or otherwise establishing the area as public ROW through the local process, or through the execution of
a “Declaration as to Use” resolution by the sponsoring agency. The Declaration as to Use resolution
option basically establishes an easement only for the projects specific needs on the sponsoring agency’s
land.
This “Declaration as to Use” is processed by the sponsoring agency in accordance with their resolution
execution procedures. Once approved a copy must be placed on file at the register of deeds office. This
must be accomplished in order for a right of way certificate can be issued for the project. The resolution
language must indicate the legal description that geographically identifies the location of the land, the
owner of the land, what is its currently used for (if applicable), who currently administers the land (if
applicable), the portion that will be declared for transportation use, the project number(s) the
transportation facility is being built under (State’s and LPA’s if used), a reference to Federal Highway
Administration 23 CFR 1.23(a), and length of duration declaration is in affect (perpetuity or minimum of
25 years from completion of its construction). The portion that is to be declared for transportation use
is usually identified on a survey plat attached as an exhibit, or geographically described in the
Declaration as to Use document itself. If the declaration is for a specific project feature that can be
readily identified in the field such as a sidewalk or bicycle pedestrian trail an attached exhibit showing
the location of the feature can be used instead of the survey plat or geographic description. In this case
the reference to the project number(s) and Federal Highway Administration 23 CFR 1.23(a) establishes
that any areas necessary for the construction, operation, and maintenance of the transportation facility,
to including its supporting components and features, are included in the declaration. Example
“Declaration as to Use” language is available from the Nebraska Department of Roads. These examples
may be modified to reflect any language or formatting specific to the LPA. Draft Declaration language
should be reviewed and approved by Nebraska Department of Roads officials prior to the LPA passing
the resolution to be sure it meets the project needs.
Grand Island Council Session - 9/25/2012 Page 133 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-264
WHEREAS; the City of Grand Island, Nebraska is the owner of portions of Lot
20, Block 2, Section 8, T11N, R9W, Grand Island, Hall County, Nebraska, more particularly
described as follows:
Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision and
extending South along the east line of said Lot 20 and west right-of-way line of Custer
Avenue, a distance of 56.58 feet to the point of beginning, thence deflecting 2133’43” right,
a distance of 38.09 feet; thence deflecting 2133’43” left, a distance of 16.00 feet; thence
deflecting 9000’00” left, a distance of 14.00 feet to the east line of said Lot 20 and west
right-of-way line of Custer Avenue; thence deflecting 9000’00” left, a distance of 51.43 feet
to the Point of Beginning, containing 472.00 square feet, more or less, and
Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision and
extending South along the east line of said Lot 20 and west right-of-way line of Custer
Avenue, a distance of 154.11 feet to the point of beginning, thence deflecting 9000’00”
right, a distance of 14.00 feet; thence deflecting 9000’00” left, a distance of 35.00 feet;
thence deflecting 9000’00” left, a distance of 14.00 feet to the east line of said Lot 20 and
west right-of-way line of Custer Avenue; thence deflecting 9000’00” left, a distance of
35.00 feet to the Point of Beginning, containing 490.00 square feet, more or less, and
Commencing at the northeast corner of Lot 20, Block 2, Imperial Village Subdivision; thence
running westerly along the north line of said Lot 20, a distance of One Hundred Forty and
Eighty Three Hundredths (140.83) feet to the Point of Beginning, thence continuing westerly
along said north lot line of Lot 20, a distance of Forty Six (46.00) feet; thence deflecting
90°17’31” left, and running a distance of Ninety Two and Forty Hundredths (92.40) feet;
thence deflecting 45°00’00” left, and running a distance of Eighty Eight and Sixty One
Hundredths (88.61) feet; thence deflecting 45°00’00” left, and running a distance of One
Hundred Twenty Four and Seventeen Hundredths (124.17) feet to a point on the east line of
Lot 20; thence running northerly along said east lot line of Lot 20, a distance of Forty Six
(46.00) feet; thence deflecting 90°00’00” left, and running a distance of Eighty Eight and
Forty Hundredths (88.40) feet; thence deflecting 45°00’00” right, and running a distance of
Seventy Four and Fifteen Hundredths (74.15) feet; thence deflecting 45°00’00” right, and
running a distance of Fifty Six and Forty Hundredths (56.40) feet to the Point of Beginning,
containing 13,017 square feet more or less, and
WHEREAS; said portions of Lot 20, Block 2, Section 8, T11N, R9W, Grand
Island, Hall County, Nebraska, are now being occupied by the City of Grand Island for
stormwater detention and recreational purposes as a mini-park, and
WHEREAS; the City of Grand Island wishes to construct, operate and maintain a
concrete driveway, public sidewalk and traffic signals across a portion of said property, and
WHEREAS; the concrete driveway, public sidewalk and traffic signals are to be
constructed as part of Nebraska Department of Roads project STRS-40(57), Control Number
42521, and identified as Walk to Walnut, and
WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) –
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- 2 -
“Interest to be acquired – The State shall acquire rights-of-way of such nature and extent as are
adequate for the construction, operation, and maintenance of a project,” it is necessary for the
City of Grand Island to declare that a portion of said property shall be used for the construction,
operation, and maintenance of a concrete driveway, public sidewalk and traffic signals for a
period of no less than twenty five years from the completion of their construction, and
NOW, THEREFORE, BE IT RESOLVED; THAT THE MAYOR AND
COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, hereby approves the use of a
portion of said land owned by the City of Grand Island for the construction, operation and
maintenance of a concrete driveway, public sidewalk and traffic signals as shown on Exhibit “A”
and as aligned in project plans and specifications for Nebraska Department of Roads project
STRS-40(57), Control Number 42521, and identified as Walk to Walnut for a period of no less
than twenty five years from the completion of its construction.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 135 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G12
#2012-265 - Approving Amending the 2012/2013 Fee Schedule –
Wastewater Rates
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 136 / 251
Council Agenda Memo
From:Marvin Strong, Waste Water Treatment Plant Engineer
Meeting:September 25, 2012
Subject:Approving Changes to the 2012 / 2013 Fee Schedule
Relative to Wastewater Cost of Service Based Rate Study
Report
Item #’s:G-12
Presenter(s):Terry Brown, Interim Public Works Director
Background
On May 12, 2009 City Council approved resolution 2009-116 for cost of service rates
presented in the May 5, 2009 study session to incorporate Anaerobic Digestion and
expanded Aeration Systems in providing industrial extra strength capacity.
On April 26, 2011 City Council approved resolution 2011-100 for cost of service rates in
the decision to not build the anaerobic digester complex, JBS Swift’s decision to build its
own wastewater treatment facility, and the completion of the May, 2010 comprehensive
study that highlighted the need to address the collection system presented in the April 5,
2011 study session. The rate structure revenue will provide replacement of segments of
the interceptors in the collection system and several capital items at the wastewater
facility.
It has been recommended that the first year of rate adjustments will come into effect
January 1, 2012 with the second and third commencing on October 1, 2012 and October
1, 2013 in the following years, and will be considered by the council along with other city
rates as part of the normal budget process.
On September 11, 2012 City Council approved resolution 2012-256 for Consideration of
Approving 2012 / 2013 Fee Schedule.
Discussion
The fee schedule presented on September 11, 2012 City Council meeting was
inadvertently represented by a May 2009 rate table fee structure.
City staff needs the April 2011 presented rate structure in place to generate revenue
requirements for continued progress in the replacement of interceptor collection system
segments, and several capital items at the wastewater facility.
Grand Island Council Session - 9/25/2012 Page 137 / 251
The rate structure summary is as follows:
Council WWTP Proposed Fee Schedule for 2013 Approved Corrections
9/11/2012 9/25/2012
2010 2011 2012 2013 2013
FLOW CHARGES
(Changes effective 1-1-2012) *
Cost per 100 Cubic feet of Flow (customers
discharging directly into City's Treatment Plant)1.29 1.20 1.18*1.0200 1.1800
Cost per 100 Cubic feet of Flow (customers using
City's collection system)1.45 1.68 1.78*2.1300 2.0800
Cost per 100 Cubic feet of Flow (low strength
customers using City's collection system)0.5800 0.7770 0.7800*1.1300 1.0300
INDUSTRIAL WASTE SURCHARGES
(Changes effective 1-1-2012) *
BOD Charge $/lb over 250 mg/l 0.2806 0.3042 0.3633*0.3385 0.3844
SS Charge $/lb over 250 mg/l 0.2180 0.2180 0.245*0.2180 0.2533
Oil & Grease $/lb over 100 mg/l 0.1465 0.1465 0.077*0.2050 0.0819
Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.1465 0.1465 0.077*
Ammonia (over 30 mg/l)0.5701*0.7256 0.5701
LOW STRENGTH INDUSTRIAL SERVICE
FOUR-PART CHARGES
(Changes effective 1-1-2012) *
BOD Charge $/lb over 0 mg/l 0.2806 0.3042 0.3633*0.3385 0.3844
SS Charge $/lb over 0 mg/l 0.2180 0.2180 0.2450*0.2180 0.2533
Oil & Grease $/lb over 0 mg/l 0.1465 0.1465 0.0770*0.2050 0.0819
Total Kjeldahl Nitrogen (TKN) ($/lb over 30 mg/l)0.5539 0.5701 0.5701*
Nitrates (over 25 mg/l)1.8372*1.8739
HYDROGEN SULFIDE CHARGES
Total Sulfide charges for industrial discharging
directly into City's Treatment Plant + $9160.00 per
month, plus total sulfide $/lb over 0 mg/l
0.3569 0.3899 0.3899 0.4868 Delete
Total Sulfide $/lb over 0 mg/l (for customer's using
City's collection system)0.3569 0.3899 0.3899 Delete
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve.
Grand Island Council Session - 9/25/2012 Page 138 / 251
2.Refer the issue to a Committee.
3.Postpone the issue to a future date.
4.Take no action on the issue.
Recommendation
Public Works Administration recommends that the Council approve changes to the 2012 /
2013 Fee Schedule relative to Wastewater Division.
Sample Motion
Move to approve changes to the 2012 / 2013 Fee Schedule relative to Wastewater
Division.
Grand Island Council Session - 9/25/2012 Page 139 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-265
WHEREAS, it is necessary to amend the 2012/2013 fee schedule to correct the
Wastewater rates that were presented at the September 11, 2012 City Council meeting; and
WHEREAS, it would be beneficial to the City of Grand Island to implement the
amendments to the 2012/2013 fee schedule; and
WHEREAS, it is recommended that such amendment be approved and adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Fee Schedule for the 2012/2013
fiscal year is hereby amended to implement the fees identified in Exhibit “A” attached hereto.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 140 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G13
#2012-266 - Approving 24 Month Agreement for Five City Hall
Copiers Maintenance and Supplies with Capital Business Systems
Inc./Modern Methods
Staff Contact: Jaye Monter
Grand Island Council Session - 9/25/2012 Page 141 / 251
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:September 25, 2012
Subject:Approving 24 Month Agreement for City Hall Copier
Maintenance & Supplies with Capital Business Systems
Inc./Modern Methods
Item #’s:G-13
Presenter(s):Jaye Monter, Finance Director
Background
On February 27, 2007, Council approved a 36 month Lease Agreement with Modern
Methods for five Copier/Printer/Scanners in City Hall for $48,792.00 with a $1 buyout at
the end of the term. In addition, the City would pay a per copy/print cost which amounted
to approximately $10,000 per year.
In March 2010, The City of Grand Island opted to retain the existing copiers and
purchased a one year Maintenance Agreement with a per copy/print cost amounting to
$7,668.80.
In March 2011, The City of Grand Island opted to purchase a one year Maintenance
Agreement with Modern Methods with a per copy/print cost amounting to $8,572.54.
In March 2012, The City of Grand Island opted to purchase a 6 month Maintenance
Agreement with Modern Methods with a per copy/print cost amounting to $6,250.96.
Discussion
During the last six months, Finance analyized the remaining useful lifes of the five
copiers and have replaced the Copier/Printer/Scanner located in the Finance Department
under state contract at a cost of $6,405. Life expectanties of the remaining four copiers
located in the Mailroom, Public Works, Utility Administration and Administration suites
deem adequate to renew a 24 month Maintenance Agreement with Capital Business
Systems Inc./Modern Methods.
Rates per copy will remain the same as the previous 6 month agreement for the (4) suite
copiers. The Maintenance Agreement covers all parts, labor and supplies (excluding
Grand Island Council Session - 9/25/2012 Page 142 / 251
staples and paper). The Agreement states we agree to pay per copy/print costs at a Cost
per Copy of: $.00979 for the (3) model LANIER LD345SP and (1) model LANIER MP-
5002sp. The cost for the Mail Room model LANIER LD160C agreed upon per copy/print
is $.00795 B/W and $.0705 COLOR for 24 months.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the 24 month Maintenance Agreements with Capital Business
Systems Inc./Modern Methods.
2.Request Bids to replace Copiers in City Hall
Recommendation
City Administration recommends the Council approve the 24 month Maintenance
Agreement with Capital Business Systems Inc./Modern Methods for Cost per copy/print
of: $.00979 for the (3) model LANIER LD345SP and (1) model LANIER MP-5002sp
and $.00795 B/W; $.0705 /COLOR for the Mail Room model LANIER LD160C for 24
months.
Sample Motion
Move to approve the 24 month Maintenance Agreement with Capital Business Systems
Inc./Modern Methods.
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Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-266
WHEREAS, on February 27, 2007, by Resolution 2007-50, the City of Grand
Island entered into a three year lease for the use of copy machines within City Hall; and
WHEREAS, on March 9, 2010 by Resolution 2010-70 the City of Grand Island
opted to buy the copiers for $1.00, and entered into a one year Maintenance agreement for the
five copy machines agreeing to pay per copy/print costs at a Cost per Copy of: $.0084 for model
LANIER LD345. The cost for model LANIER LD160C agreed upon per copy/print is $.0062
B/W and $.055 COLOR. The Maintenance Agreement covered all parts, labor, and supplies
(excluding paper and staples); and
WHEREAS, on March 11, 2011 by Resolution 2011-58 the City of Grand Island
entered into a one year Maintenance agreement for the five copy machines agreeing to pay per
copy/print costs at a Cost per Copy of: $.008904 for model LANIER LD345. The cost for model
LANIER LD160C agreed upon per copy/print is $.006572 B/W and $.0583 COLOR. The
Maintenance Agreement covered all parts, labor, and supplies (excluding paper and staples); and
WHEREAS, in March 2012, by Resolution 2012-76 the City of Grand Island
opted to purchase a six month Maintenance Agreement with Modern Methods. The agreement
set the cost per Copy of: $.00979 for (4) model LANIER LD345. The cost for model LANIER
LD160C agreed upon per copy/print was $.00723 B/W and $.06413 COLOR. The Maintenance
Agreement covered all parts, labor, and supplies (excluding paper and staples).
WHEREAS, it has been deemed adequate to renew the Maintenance agreement
for a period of 24 months; which states the City of Grand Island agrees to pay per copy/print
costs of: $.00979 for the (3) model LANIER LD345SP and (1) LANIER MP-502sp. The cost for
the model LANIER LD160C per copy/print is $.00795 B/W and $.0705 COLOR. The
Maintenance Agreement from October 11, 2012 thru October 11, 2014, covers all parts, labor,
and supplies (excluding paper and staples); and
WHEREAS, the proposed agreements have been reviewed and approved by the
City Attorney’s office;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 24 month Maintenance agreement
as stated above by and between the City and Capital Business Systems, Inc./Modern Methods, is
hereby approved.
BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed
to execute such agreements on behalf of the City Of Grand Island.
- - -
Grand Island Council Session - 9/25/2012 Page 154 / 251
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 155 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G14
#2012-267 - Approving Amendment #1 to the Crossing Surface
Installation Agreement with Burlington Northern Santa Fe (BNSF)
Railway Company for improvements at the Broadwell
Avenue/BNSF Railroad Crossing
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 156 / 251
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:September 25, 2012
Subject:Approving Amendment #1 to the Crossing Surface
Installation Agreement with Burlington Northern Santa
Fe (BNSF) Railway Company for Improvements at the
Broadwell Avenue/BNSF Railroad Crossing
Item #’s:G-14
Presenter(s):Terry Brown, Interim Public Works Director
Background
On October 11, 2011, the Grand Island City Council approved the Bid Award for the
Broadwell Avenue Shoulder Improvement – Capital Avenue to the Veteran’s Athletic
Fields project with J.I.L. Asphalt Paving Company of Grand Island. This project
consisted of placing 6’ wide asphalt shoulders on the east and west sides of Broadwell
Avenue from the intersection of Capital Avenue north to the Veteran’s Athletic Field
Complex entrance. This work was completed November 23, 2011.
On July 10, 2012 an agreement was approved by City Council with Burlington Northern
Santa Fe (BNSF) Railroad for shoulder improvements to be made at the BNSF Railroad
Crossing. This work will consist of constructing additional width to the concrete crossing
panels and placing asphalt shoulders on BNSF right-of-way to occur in conjunction with
their work planned as part of the BNSF Railway Double Track project. The costs for the
surfaced shoulder widening are estimated at $31,572.00 and are to be paid by the City of
Grand Island.
Discussion
The City is now requesting that BNSF utilize their asphalt paving contractor to also
resurface the roadway on the south approach to the existing railroad tracks at the
Broadwell Avenue crossing.
This work will require milling the existing surfacing 3” deep, from the existing railroad
tracks to 45’ south of the existing railroad tracks, then place 3” of SP-4 Asphaltic
Grand Island Council Session - 9/25/2012 Page 157 / 251
Concrete. This will allow for the work to occur at the same time the contractor is placing
the asphaltic concrete shoulders on the south side, per our current agreement with BNSF.
Estimated City cost for this additional work is $20,000.00. The work is scheduled to take
place in September, 2012.
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 authorizing the
Mayor to sign Amendment #1 to the Crossing Surface Installation Agreement between
BNSF Railway Company and the City of Grand Island.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 9/25/2012 Page 158 / 251
City of Grand Island Amendment No. 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: September 25, 2012
PROJECT: Crossing Surface Installation Agreement for Improvements at the Broadwell Avenue/BNSF Railroad
Crossing
CONTRACTOR: Burlington Northern Santa Fe (BNSF) Railroad
CONTRACT DATE: July 10, 2012
Milling the existing surfacing 3” deep, from the existing railroad tracks to 45’ south of the existing railroad tracks,
then placing 3” of SP-4 Asphaltic Concrete. This work shall occur at the same time the contractor is placing the
asphaltic concrete shoulders on the south side, per our current agreement with BNSF.
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order .....................................................................................$ 31,572.00
Net Increase/Decrease Resulting from this Change Order .............................................................$ 20,000.00
Revised Contract Price Including this Change Order................................................................$ 51,572.00
Approval Recommended:
By_______________________________________
Terry Brown, Interim Public Works Director
Date
The Above Amendment #1 Accepted:Approved for the City of Grand Island:
Burlington Northern Santa Fe (BNSF) Railroad By_________________________________
Contractor Jay Vavricek, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Grand Island Council Session - 9/25/2012 Page 159 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-267
WHEREAS, on November 23, 2011 the City of Grand Island completed the
Broadwell Avenue Shoulder Improvement - Capital Avenue to the Veteran’s Athletic Fields
project with J.I.L. Asphalt Paving Company of Grand Island, Nebraska; and
WHEREAS, on July 10, 2012 the City Council approved entering into an
agreement with Burlington Northern Santa Fe (BNSF) Railroad to coordinate constructing
additional width to the concrete crossing panels and placing asphaltic concrete shoulders on
BNSF right of way to occur in conjunction with their work planned as part of the BNSF railway
double track project; and
WHEREAS, the City is now requesting that BNSF utilize their asphalt paving
contractor to also resurface the roadway on the south approach to the existing railroad tracks at
the Broadwell Avenue crossing; and
WHEREAS, the costs for the additional work is not to exceed $20,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment #1 to the Crossing
Surface Installation Agreement between BNSF Railway Company and the City of Grand Island
is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 160 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G15
#2012-268 - Approving Agreement for Appraisal Services for the
US-30 Drainage Improvement Project
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 161 / 251
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:September 25, 2012
Subject:Approving Agreement for Appraisal Services for the
US-30 Drainage Improvement Project
Item #’s:G-15
Presenter(s):Terry Brown, Interim Public Works Director
Background
All agreements must be approved by the City Council.
The purpose of the US-30 Drainage Improvement project is to construct storm sewer to
the detention cell at the former location of the Wasmer Elementary School from
connections on Second Street at Logan Street, Broadwell Avenue, and Madison Street.
The improvements will significantly reduce the likelihood of flooding during storm
events on Second Street. The project includes constructing drainage inlets on First Street
and Division Street between Logan Street and Madison Street, which will provide
drainage relief in those areas as well.
This project will receive Federal Funding through the Surface Transportation Program
(STP). The Federal Highway Administration (FHWA) has agreed to participate on 77%
of the construction costs, which STP funding would then be applied on an 80/20 basis.
The actual funding split for construction costs will be 61.6% Federal Aid and 38.4% local
funds. FHWA agreed to participate 100% on the costs for Preliminary Engineering, the
National Environmental Policy Act (NEPA) clearance process, and costs for acquisition
of temporary and permanent easements (80% Federal Aid and 20% Local Funds).
Nineteen temporary easements are required for installation of private water services in
accordance with Grand Island City Code, for reconstruction of sidewalks ramps in
accordance with the Americans with Disabilities Act and for construction of storm sewer
pipe. A permanent easement is required at one location for storm sewer pipe.
The Responsible Charge for this project is qualified to develop appraisal documents and
conduct negotiations for most of the easements that are being acquired due to their
simplicity and estimated value.
Grand Island Council Session - 9/25/2012 Page 162 / 251
Discussion
The law governing acquisition and relocation on federally assisted projects is Public Law
91-646; The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, commonly called the Uniform Act. The procedures to comply with this Act are
found in Section 49, Part 24 of the Code of Federal Regulations. On federally funded
transportation projects requiring acquisition of right-of-way, Local Public Agencies are
required to present to NDOR a Right-of-Way Certificate that certifies property was
acquired in accordance with the Uniform Act.
As per the Right-of-Way Acquisition Guide for Local Public Agencies, formal property
valuation documents are required for each parcel to be acquired. On the US-30 Drainage
Improvement Project, “Compensation Estimates” for three tracts must be prepared by a
qualified appraiser who is on the current NDOR Approved Appraiser List.
Selection of the appraiser was made in accordance with the Right-of-Way Acquisition
Guide for Local Public Agencies. The Appraisal Services Contract must be executed
before preparation of the Compensation Estimates can begin. The basis of the final fee is
as follows.
Compensation Estimates – 2 Tracts at $900.00 Each = $1,800.00
Following completion and approval of the Compensation Estimates, another agreement
will be required for Negotiation Services.
Approval of Environmental Documents was received in July. Approval of 90% Plans and
acquisition of easements are anticipated to be completed in the next four months.
Construction of this project is anticipated to begin in 2013.
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 agreement with Steve
Medill, Capital Appraisal Company, LLC for appraisal services for the US-30 Drainage
Improvement project.
Sample Motion
Motion to approve the agreement.
Grand Island Council Session - 9/25/2012 Page 163 / 251
APPRAISAL SERVICES CONTRACT
This agreement, entered into this /< day of S+/b/, 20 /^-by the City of Grand
Island, (herein called "Local Public Agency") and Steve Medill, Capital Appraisal Company,
LLC, (herein called "Appraiser") agrees:
In return for the total fee of $1,800, as itemized in Appendix C, it is agreed that the
Appraiser will furnish to the Local Public Agency valuation documents in accordance with the
Appraisal Services Specifications, of which a copy is attached and made a part of this contract.
These valuation documents will be used in connection with the acquisition of right of way for:
Project: URB-30-4(158)
C. N.: 42650
Location: US-30 Drainage Improvement, Grand Island, NE
An additional fee will be negotiated with the Appraiser for each additional parcel added to
this contract.
The fee for supplemental or revised valuation documents, as a result of changes in the
taking caused by the Department, will be negotiated with the Appraiser.
The billing statement for the valuation documents will be submitted to the Local Public
Agency at the time of delivery of the project report and all individual parcel valuation reports.
Payment of eighty percent (80%) of the total fee will be paid at that time. The balance of the total
fee will be paid within ninety (90) days, providing the project report and valuation reports are found
to be acceptable and in accordance with the contract upon Local Public Agency review. In the
event the project report or valuation reports are found unacceptable by reason of noncompliance
with the terms of this contract, or by reason of improper valuation technique, the final payment shall
be withheld until such valuations have been revised or supplemented, without additional cost to the
Local Public Agency, and found acceptable.
In the event a dispute arises concerning a question or fact in connection with the work not
specifically covered or referenced by any other terms of this contract, the Local Public Agency's
management will determine the final position. Where no agreement can be reached, this contract
shall be terminated. The contract may also be terminated when, in the opinion of the Local Public
Agency, the Appraiser's services are unsatisfactory, or because of the Appraiser's failure to
prosecute the work with due diligence, or within the time limits specified in this agreement, or
because of the Appraiser's disability or death. In such an event, the work, which has been
completed, when the notice of termination is given by the Local Public Agency, becomes the
property of the Local Public Agency. The Local Public Agency's management shall arbitrate
settlement for the completed work.
The Appraiser, as a condition of the above lump fee, agrees to attend necessary meetings
and conferences with representatives of the Local Public Agency, the Nebraska Department of
Roads and the United States Federal Highway Administration to discuss the various aspects and
phases of the work required by this contract. However, it is agreed that additional payment for
conferences with Local Public Agency attorneys for testimony in court or witness fees for
appearance in court shall be $700.00 for each half day or portion thereof, or $1,400.00 per day for
any part of a day exceeding a half day.
PV-7
Grand Island Council Session - 9/25/2012 Page 164 / 251
All expenses incurred by the Appraiser are considered to be their liability and are not to
become an expense to the Local Public Agency except as provided for in this agreement.
The Appraiser agrees tafurnish the completed valuation assignment to the Local Public
Agency on or before x£>/o/y/£—. Supplemental or revised valuation reports caused by the
Local Public Agency's actions will be cause to change this to a later date only by mutual written
agreement between the parties to this contract. It is further agreed by the Appraiser that they will
furnish the Local Public Agency a written progress report of the work accomplished on the Project
as requested.
A penalty of $1.00 per normal working day will be assessed against and deducted from
the agreed-upon Fee, as per this contract, of $1.00 for each normal working day that the
completed assignment is overdue. A normal working day is defined as Monday through Friday.
Any extension beyond the agreed-upon completion date of /(9/^/Sy'<~- will be only by
mutual written agreement between the parties of this contract.
The Appraiser warrants that they have not employed or retained any company or person,
other than a bona fide employee working solely for the Appraiser, to solicit or secure this contract,
and that they have not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Appraiser, any fee, commission, percentage, brokerage fee, gifts,
or any other consideration, contingent upon or resulting from the award or making of this contract,
except for paragraph III, subparagraph O, of the Appraisal Services Specifications. For breach or
violation of this warranty, the Local Public Agency shall have the right to annul this contract without
liability.
The Appraiser agrees that they will prepare the valuation reports of the property involved
independent of any other Appraiser employed by the Local Public Agency in the same work and
that they will not furnish to any other person or persons, except on proper order of court, a copy of
the valuation reports or the information contained therein. The restriction, however, does not imply
that the Appraiser may not use information obtained in the completion of the valuation reports in
the course of their usual profession.
The valuation reports are agreed to be confidential between the parties hereto, and a breach
of such confidence shall be considered material breach of this contract unless the disclosure of the
contents of the report shall be in response to a subpoena or other lawful court order.
It is understood and agreed that law, regulations, or economic conditions may subsequently
affect the value fixed by the Appraiser in their report and that same is valid only for a reasonable
time after submission.
It is agreed that each party hereto will furnish any available information in its possession
to the other upon request, if such information be necessary to the terms of this contract.
It is the intention of the parties that the valuation documents and services contracted for are
the personal services of the Appraiser as named. Subletting or transferring the work contracted for
in this agreement is expressly prohibited and failure to comply shall be deemed a material breach of
the contract.
PV-7
Grand Island Council Session - 9/25/2012 Page 165 / 251
The Appraiser agrees to abide by the provisions of the Nebraska Fair Employment Practice
Act as provided by Nebraska Revised Statute, Section 48-1101 through 48-1126 ( Reissue 1988),
and all regulations relative to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49 CFR, Parts 21 and 27, the Minority Business Enterprises Policy and the
Drug-Free Workplace Policy as set forth in Appendix "A" attached hereto and hereby made a part of
this agreement.
Any notice provided for or concerning this agreement shall be in writing and shall be
deemed sufficiently given when sent by mail if sent to the respective address of each party.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the Appraiser this /<p day ofc^/",
/ Witness ./ Appraiser
EXECUTED by this day of ,20 .
Local Public Agency
APPROVED:
Authorized Signature
PV-7
Grand Island Council Session - 9/25/2012 Page 166 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-268
WHEREAS, the City of Grand Island, in accordance with the Right-of-Way
Acquisition Guide for Local Public Agencies, has negotiated appraisal services with Capital
Appraisal Company, LLC for the US 30 Drainage Improvement Project; and
WHEREAS, such services include Compensation Estimates of $1,800.00, with
the possibility of half day ($700) and daily ($1,400) rates being applied, per contract, should
attendance at meetings pertaining to this project become necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement between the City of
Grand Island and Capital Appraisal Company, LLC for appraisal services in connection with the
US 30 Drainage Improvement Project is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 167 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G16
#2012-269 - Approving Change Order No. 1 to the Sanitary Sewer
District 527T - Platte Valley Industrial Park - East
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 168 / 251
Council Agenda Memo
From:Marvin Strong, Waste Water Treatment Plant Engineer
Meeting:September 25, 2012
Subject:Approving Change Order No. 1 to the Sanitary Sewer
District 527T - Platte Valley Industrial Park - East
Item #’s:G-16
Presenter(s):Terry Brown, Interim Public Works Director
Background
On April 10, 2012 City Council approved resolution 2012-87 for bid award for Water
Main District 458T, and Sanitary Sewer District 527T to The Diamond Engineering
Company of Grand Island, Nebraska in the amount of $1,262,909.56.
Discussion
In the progression of fifteen inch (15) gravity sanitary sewer construction on Schimmer
Drive, thirty six (36) inch steel encasement was installed in the one hundred (100) foot
railroad right-of-way for the gravity sanitary sewer to tunnel through. Nearing the
completion of the encasement work it was found that an elevation adjustment needed
corrected in the gravity sewer.
The contractor provided the changed elevation adjustment in the gravity sanitary sewer
within the completed encasement work. The work was negotiated as time and material as
outlined in Change Order No.1 for a cost of $9,572.88, and a new contract amount of
$1,272,482.44.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve.
2.Refer the issue to a Committee.
3.Postpone the issue to a future date.
4.Take no action on the issue.
Grand Island Council Session - 9/25/2012 Page 169 / 251
Recommendation
Public Works Administration recommends that the Council approve Water Main District
458T, and Sanitary Sewer District 527T Change Order No. 1 in the amount of $9,572.88
to The Diamond Engineering Company of Grand Island Nebraska.
Sample Motion
Move to approve Water Main District 458T, and Sanitary Sewer District 527T Change
Order No. 1 in the amount of $9,572.88 to The Diamond Engineering Company of Grand
Island Nebraska.
Grand Island Council Session - 9/25/2012 Page 170 / 251
18 September, 2012
Page 1 of 2
CHANGE ORDER
CHANGE ORDER NO. 1
NAME OF PROJECT: Water Main District 458T, and Sanitary Sewer District 527T
CONTRACTOR: The Diamond Engineering Company
OWNER: City of Grand Island
THE FOLLOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY
ORDERED:
1.Add the following Scope of Work and Costing as follows:
Item Description Quantity Units Unit Price Amount
$$
1 Labor, Crew 20.5 Hrs 175.50 3,597.75
2 Equipment, Excavator 20.5 Hrs 158.00 3,239.00
3 Equipment, Welder & Tools 20.5 Hrs 15.30 313.65
4 Vehicle, Crew Cab 20.5 Hrs 32.25 661.13
5 Vehicle, Extended Cab 20.5 Hrs 24.30 498.15
6 Vehicle, Trailer 20 Foot 20.5 Hrs 3.25 66.63
7 Materials, Wood Skids 1.0 LS 127.50 127.50
8 Materials, Banding 1.0 LS 70.05 70.05
9 Profit & Overhead (11.652%)1.0 LS 999.02 999.02
TOTAL 9,572.88
THE FOLLOWING MODIFICATIONS TO THE CONTRACT TIMES HEREBY
ORDERED:
1.There will be no modification to contract time.
REASONS FOR MODIFICATIONS:
In the progression of fifteen inch (15) gravity sanitary sewer construction on Schimmer
Drive, thirty six (36) inch steel encasement was installed in the one hundred (100) foot
railroad right-of-way for the gravity sanitary sewer to tunnel through. Nearing the
completion of the encasement work it was found that an elevation adjustment needed
corrected in the gravity sewer.
Grand Island Council Session - 9/25/2012 Page 171 / 251
18 September, 2012
Page 2 of 2
City staff requested the contractor to provide costing for changed elevation adjustment in
the gravity sanitary sewer within the completed encasement work, encompassing the
removal and replacement in one-hundred (100) feet of gravity sewer pipe.
ORIGINAL CONTRACT AMOUNT: $ 1,262,909.56
THIS CHANGE ORDER AMOUNT: $ 9,572.88
REVISED CONTRACT AMOUNT (including this Change Order) $ 1,272,482.44
Contractor: Date:
The Diamond Engineering Co.
Engineer: Date:
City of Grand Island
Owner: Date:
City of Grand Island
Grand Island Council Session - 9/25/2012 Page 172 / 251
Approved as to Form ¤ ___________
September 25, 2012 ¤ City Attorney
R E S O L U T I O N 2012-269
WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska was
awarded the construction project; Water Main District 458T, and Sanitary Sewer District 527T at
the Platte Valley Industrial Park - East, and
WHEREAS, rework is required to adequately slope the gravity sanitary sewer on
Schimmer Drive, and
WHEREAS, a negotiated time and material cost has been reviewed as acceptable
for the work completed for Change Order No.1 in the amount of $9,572.88, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Water Main District 458T, and
Sanitary Sewer District 527T Change Order No.1 in the amount of $9,572.88 to The Diamond
Engineering Company of Grand Island Nebraska as attached is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such Change Order on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 173 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G17
#2012-270 - Approving Change Order #1 for Lincoln Pool
Staff Contact: Todd McCoy, Interim Parks & Recreation Director
Grand Island Council Session - 9/25/2012 Page 174 / 251
Council Agenda Memo
From:Todd McCoy, Interim Parks and Recreation Director
Meeting:September 25, 2012
Subject:Approve Change Order No. 1; to Hausmann
Construction, Inc. of Lincoln, Nebraska for the
Construction of Lincoln Pool
Item #’s:G-17
Presenter(s):Todd McCoy, Interim Parks and Recreation Director
Background
After several years of discussions and emergency repairs, Council determined it was time
to replace Lincoln Park Swimming Pool. Funding was made available to complete this
project using bonding authority provided through the CRA. The bonding capability for
the CRA was adopted by Council in September of 2011. On July 24, 2012 City Council
approved, by Resolution 2012-196, the bid award to Hausmann Construction to build a
new Lincoln Park Pool in the amount of $1,679,000.
Discussion
During preconstruction, Hausmann Construction offered a cost saving alternative from
the original spec by changing the slide finish. It was determined that the City will save
$8,800 if the metal parts for the water slide were hot dipped galvanized rather than
painted. The speed slides at Island Oasis currently have the same finish. There is less
long term maintenance with a galvanized non-painted finish. According to the design
engineers the galvanized finish will have an equal or longer life expectancy as compared
to paint.
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
Grand Island Council Session - 9/25/2012 Page 175 / 251
4.Take no action on the issue
Recommendation
City Administration recommends that the City Council approve Lincoln Pool
Construction Change Order No. 1 in the amount of ($8,800). Doing so will reduce the
total amount of the contract with Hausmann Construction to $1,670,200.
Sample Motion
Move to approve Change Order No. 1 to Hausmann Construction, Inc. of Lincoln,
Nebraska for the construction of Lincoln Pool.
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Grand Island Council Session - 9/25/2012 Page 178 / 251
Grand Island Council Session - 9/25/2012 Page 179 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-270
WHEREAS, on July 24, 2012 by Resolution 2012-196, the City Council of the
City of Grand Island awarded Hausmann Construction Inc. from Lincoln, Nebraska, the bid in
the amount of $1,679,000, for the construction of a new swimming pool in Lincoln Park; and
WHEREAS, it has been determined that the changing of the slide finish from
paint to hot dipped galvanized would be a cost saving to said project; and
WHEREAS, such modifications have been incorporated into Change Order No. 1;
and
WHEREAS, the result of such modifications will decrease the contract amount by
$8,800 for a revised contract price of $1,670,200.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 1 between the City of Grand Island and
Hausmann Construction Inc. from Lincoln, Nebraska to provide the modifications set out as
follows:
Change the slide finish from paint to hot dipped galvanized…….………………………..$-8,800
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 180 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G18
#2012-271 – Approving Neighborhood Stabilization Grant
Program 09-3N-11 Budget Amendment
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Marco Florani
Grand Island Council Session - 9/25/2012 Page 181 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-271
WHEREAS, in 2009, the City of Grand Island was awarded a $993,712
Neighborhood Stabilization Program Grant from the Nebraska Department of Economic
Development for property acquisition, demolition, redevelopment of new housing, housing
administration, and general administration; and
WHEREAS, in September 2010, the Department of Economic Development
awarded an extra $190,000 to the City for additional demolition and redevelopment; and
WHEREAS, the project enabled the City to demolish 11 blighted structures and
fund the construction of eight (8) new houses on a portion of the lots; and
WHEREAS, the actual New Construction costs for the redevelopment of
demolished properties was more than originally anticipated for and the Clearance/Demolition
costs were less than the original anticipated amount; and
WHEREAS, reallocating $4,000 from Clearance/Demolition (030) to New
Construction (542) will allow the city to finalize all outstanding housing expenses; and
WHEREAS, required documents for the budget amendment request have been
prepared and must be submitted to the Nebraska Department of Economic Development for
authorization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
The City of Grand Island, Nebraska is hereby authorized to request a budget
amendment for Neighborhood Stabilization Program Grant 09-3N-11.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 182 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item G19
#2012-272 - Approving Annual Agreement for Financial Software
Licensing and Support
Staff Contact: Jaye Monter
Grand Island Council Session - 9/25/2012 Page 183 / 251
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:September 25, 2012
Subject:Approving Annual Agreement for Financial Software
Licensing and Support
Item #’s:G-19
Presenter(s):Jaye Monter, Finance Director
Background
On July 10, 2001, Council approved the purchase and implementation of Tyler
Technologies’ MUNIS integrated financial software system for the City of Grand Island.
This financial software continues to provide the City of Grand Island excellent service
and support for financial information. Each year, in order to receive software upgrades
and technical assistance from the company, it is necessary to enter into an annual Support
Agreement.
Discussion
The total cost for the period of 9/14/2012 to 9/13/2013 is $131,830.71. This includes
system support and licensing updates for: Operating System Database Administrative
Support $25,366.68, MUNIS Module Support and Update Licensing $103,464.03, and
Graphic User Interface (GUI) Support $3,000.
The Operating System Database Administrative Support provides service to the
Information Technology department on system backup and recovery assistance, file
permissions and security, system tools and user guides of each module, assistance on
upgrades for each database as well as services for free on-site system server transfers.
Munis Module Support and Update Licensing include support and licensing for City staff
to use the following accounting programs. Payroll, Human Resource Management,
Project Accounting, Requisitions/Purchase Orders, Accounts Payable, General Ledger,
Budget, General Billing, Accounts Receivable, Special Assessments, Fixed Assets,
Laserfiche, Crystal Reports, Employee Self Service and Munis Office.
Grand Island Council Session - 9/25/2012 Page 184 / 251
The laserfiche feature enables viewing of on-line accounts payable invoices, checks
written, purchase orders, and secured employee direct deposit stubs.
Crystal Reports is a report writing system that extracts data from each accounting module
table to produce user defined reports.
The Employee Self-Service module allows employees to have on-line access to pay
history, W-2 information, leave balances, and make changes to their personal information
such as addresses, phone numbers, dependents and emergency contacts. Employee Self-
Service is also used annually for on-line cafeteria benefit deductions and has allowed the
City to most recently implement on-line employee absence approvals that flow directly
into bi-weekly payroll batch processing.
Munis Office connects Microsoft Office products Excel and Word to each accounting
program.
The Graphic User Interface (GUI) Support is the interface that creates the screens and
user “look” to the data base that holds information. Users can individualize the look and
feel of each of their module screens showing different information in different ways.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the 2012-2013 Contract with Tyler Technologies, Inc for software
support and licensing.
2.Postpone the issue to a future meeting.
3.Take no action.
Recommendation
City Administration recommends that the Council approve the 2012-2013 Annual
Financial Support Agreement with Tyler Technologies, Inc. in the amount of
$131,830.71.
Sample Motion
Move to approve the Annual Financial Support Agreement with Tyler Technologies, Inc.
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Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-272
WHEREAS, on July 10, 2001, by Resolution 2001-180, the City of Grand Island
approved the proposal of Process, Inc., d/b/a Munis, to implement new accounting software with
an integrated financial program; and
WHEREAS, in order to receive continued upgrades and technical assistance from
the company, it is necessary to enter into an annual Financial Support Agreement; and
WHEREAS, the cost for the period of September 14, 2012 to September 13, 2013
for Operating System Database Administrative support is $25,366.68; and
WHEREAS, the cost for the period of September 14, 2012 to September 13, 2013
for Munis Module support and update licensing is $103,464.03; and
WHEREAS, the cost for the period of September 14, 2012 to September 13, 2013
for Graphic User Interface (GUI) support is $3,000.00; and
WHEREAS, the proposed agreements have been reviewed and approved by the
City Attorney’s office
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual Financial Support
Agreement by and between the City and Tyler Technologies, Inc. for the amount of $131,830.71
is hereby approved.
BE IT FURTHER RESOLVED, that the mayor is hereby authorized and directed
to execute such agreements on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 194 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item H1
Consideration of Letter Designating Grand Island as Recipient of
5307 Ubranized Area Transit Dollars for Federal FY 2013 -
Metropolitan Planning Organization (MPO)
Staff Contact: Chad Nabity
Grand Island Council Session - 9/25/2012 Page 195 / 251
Council Agenda Memo
From: Chad Nabity, AICP Planning Director
Meeting:September 25, 2012
Subject:Designation of Grand Island as the Recipient of 5307
Urbanized Area Transit Dollars for Federal Fiscal Year
2013
Item #’s:H-1
Presenter(s):Chad Nabity, AICP
Background
In March of 2012, Grand Island was declared an urbanized area with a population of
50440. The Urbanized Area designations change with the census of population every 10
years. The urbanized area extends beyond the City limits and included the east lakes
subdivision, subdivisions in Merrick County (we are extending water there), and even the
Village of Alda.
Since the middle of July, City and County employees including myself, John Collins
(while he was here) and Terry Brown have been meeting with state, federal and county
officials about what is needed to set up a Metropolitan Planning Organization (MPO).
The Nebraska officials have been helpful but they have NEVER been through the process
as this is the first MPO that has been set up in Nebraska since they were created by the
feds (Lincoln, Omaha, and Sioux City were all set up when all of the regional
transportation planning organizations were set up). The Federal officials have some more
experience but it is with other cities that are in the same position we are in and those that
were formed 10 years ago. The County Officials including, Steve Riehle and Pam
Lancaster, have been at the table because the designation of an MPO will impact money
received by the County for both highways and transit.
The group has met three times in the past 60 days. A lot of information about what we
need to do and the deadlines has been compiled and will be presented to Council. The
MPO must be formed and recognized by the Governor by March 26, 2013 so there is
some time to work out the details, city staff will update Council periodically during the
process of forming the MPO.
Grand Island Council Session - 9/25/2012 Page 196 / 251
Discussion
The MPO will deal with both Federal Highway and Federal Transit Dollars. Grand Island
has been receiving Federal Highway dollars for years but all of the Transit dollars that
have been spent in Grand Island have been received by Hall County. This has been the
case since sometime in the mid 1970’s when the Handy Bus program was created.
One item that would be prudent to handle immediately is the designation of Grand Island
as a recipient of Federal Transit Dollars (5307 funds). The item on the agenda for this
meeting is asking Council to Authorize the Mayor to sign and send the attached letter to
the Governor. The letter to the Governor asks him to designate the City of Grand Island
as the recipient of 5307 funds that will be made available in the 2013 and future budget
years. These dollars are an 80/20 match and at this point there is no money in the City of
Grand Island’s Budget to match these funds.
At this time the allocation to the State of Nebraska for 5307 funds has not been
determined so we are unsure about how much money will be available to Grand Island.
We expect to find out how much funding is available after the state receives their notice
of allocation from the Federal Government in late 2012 early 2013.
Since we are a newly formed/forming MPO the request to be designated as a recipient of
5307 prior to the beginning of the federal fiscal year on October 1, 2012 is not necessary,
it will however be necessary next year and there is no harm in getting our ducks in a row
and making the request at this time. The federal transit administration people that have
been working with the group formulating the MPO are recommending that the request to
be the designated recipient reach the Governor prior to the beginning of the federal fiscal
year for 2013.
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 authorize the Mayor to sign and send a
letter to the Governor of the State of Nebraska requesting that the City of Grand Island be
designated as the recipient of any 5307 Urbanized Area Transit Funds allocated to the
Grand Island Urbanized Area.
Grand Island Council Session - 9/25/2012 Page 197 / 251
Sample Motion
Move to approve the attached resolution authorizing the Mayor to sign and send a letter
to the Governor of the State of Nebraska requesting that the City of Grand Island be
designated at the recipient of any 5307 Urbanized Area Transit Funds allocated to the
Grand Island Urbanized Area.
Grand Island Council Session - 9/25/2012 Page 198 / 251
Map of the 2010 Urbanized Area: City of Grand Island, Nebraska
Source: US Census Website
Grand Island Council Session - 9/25/2012 Page 199 / 251
Grand Island Council Session - 9/25/2012 Page 200 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I1
#2012-273 - Consideration of Request from Turkey Maes, LLC dba
Peacock Lounge, 2430 North Broadwell Avenue for a Class “C”
Liquor License and Liquor Manager Designation for Lori
Bohnart-Maes, 108 West Cedar, Doniphan, NE
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 9/25/2012 Page 201 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-273
WHEREAS, an application was filed by Turkey Maes, LLC doing business as
Peacock Lounge, 2430 North Broadwell 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 September 15, 2012; such publication cost being $16.77;
and
WHEREAS, a public hearing was held on September 25, 2012 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 Lori Bohnard-
Maes, 108 West Cedar, Doniphan, NE as liquor manager of such business
contingent upon completing a state approved alcohol server/seller
program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 202 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I2
#2012-274 - Consideration of Approving Funding of Economic
Development Request
Staff Contact: Mary Lou Brown
Grand Island Council Session - 9/25/2012 Page 203 / 251
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:September 25, 2012
Subject:Approving Economic Development Funding Request
Item #’s:I-2
Presenter(s):Mary Lou Brown, City Administrator
Background
On July 22, 2003, the City Council approved Ordinance No.8830 adopting an Economic
Development Program for the City of Grand Island in conformance with Neb. Rev. Stat. 18-2710.
This provides for annual funding of $750,000 by the City.
Discussion
A request has been received from the Grand Island Area Economic Development Corporation,
duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be
used for operating expenses, community publicity, and promotion.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Approve the request for funds.
2.Disapprove or Deny the request for funds.
3.Modify the Resolution to meet the wishes of the Council.
4.Table the issue.
Recommendation
City Administration recommends that the Council approve the request for funds.
Sample Motion
Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area
Economic Development Corporation.
Grand Island Council Session - 9/25/2012 Page 204 / 251
Grand Island Council Session - 9/25/2012 Page 205 / 251
Grand Island Council Session - 9/25/2012 Page 206 / 251
Grand Island Council Session - 9/25/2012 Page 207 / 251
Grand Island Council Session - 9/25/2012 Page 208 / 251
Grand Island Council Session - 9/25/2012 Page 209 / 251
Chairman
Ann Martin
Idea Bank
Marketing
Vice Chairman
Tom Pirnie
G.I. Express
Secretary/Treasurer
Tom Gdowski
Equitable Bank
Elected Trustee
Galen Stehlik
Lauritsen Law Firm
Elected Trustee
Roger Bullington
Chief Industries
Elected Trustee
Jay Kaspar
INSUR, Inc.
Elected Trustee
Bill Westering
Westering Enterprises
Elected Trustee
KC Hehnke
Jerry’s Sheetmetal
2012 Board of Trustees
Grand Island Council Session - 9/25/2012 Page 210 / 251
2012 Advisory Board
Terry Pfeifer
Chamber of
Commerce
Chairman
Mary Lou Brown
City Administrator
Jim Hartman
NorthWestern
Energy
Dr. Mike Calvert
Central
Community
College
Randy Kissinger
NE Workforce
Mayor Jay
Vavricek
Peg Gilbert
G.I. City Council
Mike Olson
Hall Co. Airport
Authority
Cindy Johnson
G.I. Area Chamber
of Commerce
Dr. Rob Winter
G.I. Public
Schools
Pam Lancaster
Hall Co. Board
of Supervisors
Grand Island Council Session - 9/25/2012 Page 211 / 251
•Recruit new qualified businesses and create jobs
•Help local businesses expand, train and invest in our community
•Promote a well-trained workforce
•Cooperate with other growth oriented organizations
•Lobby for pro-business legislation
•Work with community organizations to improve our quality of life
GIAEDC Overview
The sole purpose of the EDC is the creation, retention and
expansion of jobs in Grand Island!
Grand Island Council Session - 9/25/2012 Page 212 / 251
•Leader in the economic development arena
•LB-840 is a community tool that encourages permanent
investment and creates quality job growth
•Citizens voted to leverage existing resources for the
purpose of retaining and creating jobs
Grand Island Council Session - 9/25/2012 Page 213 / 251
•Over 1,188 direct jobs created with LB-840 funds
•An estimated payroll of $36,000,000 annually
= $30,303.03/job annually
•Over 2,100 indirect jobs created (NE Dept. of Labor)
•Over 3,300 total jobs created in the last 8 years
•Over 700 new jobs in 2011
Positive Impact of LB-840
2003 thru 2011
Grand Island Council Session - 9/25/2012 Page 214 / 251
•Renew LB840 for another ten years at 2003 funding level,
$750,000/yr (general and utility funds)
•Improved applicant and financial requirements
•Continue to recruit new industries; whereby create jobs and
growth in Grand Island!
Job Growth Plan
Moving Forward
Grand Island Council Session - 9/25/2012 Page 215 / 251
2013 Forecast
Income and Expenses
Since 1999 and prior to passage of LB-840 (2003)
GIAEDC received $350,000 annually
from the City of Grand Island
for operations
Grand Island Council Session - 9/25/2012 Page 216 / 251
Income:
Participation
City of Grand Island $350,000
Membership 125,000
Programs 16,000
Farm Income & misc. 174,000
$665,000
Expenses:
Operations $340,000
Industrial Park Development 180,000
Community Publicity 145,000
$665,000
Grand Island Council Session - 9/25/2012 Page 217 / 251
Request for Funding
From City of Grand Island General Fund
$350,000
Occupancy
$28,000
Office
$27,000
Community Pub.
$145,000
Rent $15,000
Utilities $3,000
Telecommunications $5,000
Insurance $4,000
Office Equipment/Repairs $3,000
Supplies, Software $3,000
Organization Dues $8,000
Postage $2,000
Professional Memberships $4,000
Accounting/Audit $4,000
Legal $3,000
Advertising $35,000
Business Retention $8,000
Website $2,000
Printing $2,000
Surveys/Studies $17,000
Travel/Meals $17,000
Programs/Special Events' $34,000
Janitorial $1,000
Infrastructure $30,000 Land Debt $0.00
Property Taxes
$0.00
Administrative
$150,000
Salaries
$104,000
Insurance/Retirement $34,000
Conference Fees $2,000
Employment Taxes $10,000
Grand Island Council Session - 9/25/2012 Page 218 / 251
These sites attract World Wide Companies
Platte Valley Industrial Park Platte Valley Industrial Park East
Cornhusker Industrial Park
Grand Island Council Session - 9/25/2012 Page 219 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-274
WHEREAS, on July 22, 2003, by Ordinance No. 8830, the Grand Island City
Council approved and adopted an Economic Development Program for the City of Grand Island
prepared in conformity with Neb. Rev. Statute No. 18-2710; and
WHEREAS, such program was amended on August 12, 2003, by Ordinance No.
8832; and
WHEREAS, the program provides for $750,000 in annual funding to be provided
by the City of Grand Island; and
WHEREAS, a request has been made by the Grand Island Area Economic
Development Corporation and the Economic Development Program’s Citizens Review
Committee for the payment of $350,000 to be used for operating expenses, community publicity
and promotion.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000
in City funding to the Grand Island Area Economic Development Corporation in accordance
with the Economic Development Program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 220 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I3
#2012-275 - Consideration of Approving the Issuance of
Redevelopment Bonds for the Lincoln Park Pool Project by the
Community Redevelopment Authority
Staff Contact: Chad Nabity
Grand Island Council Session - 9/25/2012 Page 221 / 251
Council Agenda Memo
From:Chad Nabity, AICP Director
Meeting:September 25, 2012
Subject:Approving the Issuance of Redevelopment Bonds for the
Lincoln Park Pool Project by the Community
Redevelopment Authority
Item #’s:I-3
Presenter(s):Chad Nabity, AICP Director
Background
The 2013 Community Redevelopment Authority Budget was approved on September 11,
2012 by the Grand Island City Council. This budget contained provisions for the CRA to
issue bonds for the reconstruction of the Lincoln Park Pool. The Grand Island City
Council has awarded a contract for the construction of the pool and the construction of
the new pool has begun.
Bond Council is recommending that the Grand Island City Council pass the attached
resolution authorizing the CRA to issue redevelopment bonds in the amount of
$1,800,000 as approved in the 2013 budget.
The City Council has set the levy for the Grand Island CRA at 2.6 cents per $100
valuation as allowed by State Statutes with the intent that this will generate sufficient
revenue to support the payments on these bonds and normal CRA activities.
Authorizing approval of this activity will allow the CRA to pay for the construction of
the Lincoln Park Pool as previously authorized by the Grand Island City Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 9/25/2012 Page 222 / 251
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
Community Redevelopment Authority to issue revenue bond for the Lincoln Park Pool
Project.
Sample Motion
Move to approve resolution #2012-277.
Grand Island Council Session - 9/25/2012 Page 223 / 251
R E S O L U T I O N 2012-275
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND,
NEBRASKA, APPROVING THE ISSUANCE OF REDEVELOPMENT REVENUE BONDS
(LINCOLN PARK PROJECT – LIMITED TAX PLEDGE), SERIES 2012, IN THE PRINCIPAL
AMOUNT OF NOT TO EXCEES $1,800,000 BY THE COMMUNITY REDEVELOPMENT
AUTHORITY OF THE CITY OF GRAND ISLAND, NEBRASKA; APPROVING THE
CERTIFICATION AND LEVY OF LIMITED TAXES UPON TAXABLE PROPERTY WITHIN
THE CITY FOR PAYMENT OF PRINCIPAL AND INTEREST ON SAID BONDS AS THE
SAME FALL DUE; PROVIDING FOR THE CITY TO UNDERTAKE THE MAKING OF
CONTINUING DISCLOSURE FOR SUCH SERIES 2012 BONDS; PROVIDING FOR
CERTAIN DETERMINATIONS WITH RESPECT TO THE TAX-EXEMPT STATUS OF
INTEREST ON SUCH SERIES 2012 BONDS; AND PROVIDING FOR THE EFFECTIVENESS
OF THIS RESOLUTION.
BE IT RESOLVED by the Mayor and Council of the City of Grand Island, Nebraska, (the
“City”), as follows:
Section 1. The Mayor and Council hereby find and determine that the Community
Redevelopment Authority of the City of Grand Island, Nebraska, (the “Authority”) has been duly
created and currently exists under the provisions of Ordinance No. 8021 of the City and Sections
18-2101 to 18-2144 and Sections 18-2147 to 18-2153, R.R.S. Neb. 2007, as amended (collectively,
the “Act”); that the Authority has agreed or is about to agree to issue and sell its Redevelopment
Revenue Bonds (Lincoln Park Pool Project – Limited Tax Pledge), Series 2012, in the aggregate
principal amount of not to exceed One Million Eight Hundred Thousand Dollars ($1,800,000)
(the “Bonds”) in order to finance on behalf of the City the construction of a replacement
swimming pool facility for the City’s Lincoln Park (the “Project”) as a redevelopment project for
CRA Area #1 in accordance with a modification of an existing redevelopment plan entitled “Plan
Modification for CRA Area #1 (Lincoln Park Swimming Pool)” (including the prior plan as so
modified the “Plan”) which Plan was approved by the Mayor and Council of the City on March 26,
2012; and that in connection with the issuance by the Authority of the Bonds it is necessary and
Grand Island Council Session - 9/25/2012 Page 224 / 251
2
appropriate for the City to make certain determinations and undertakings related to the Bonds and
for the benefit of the purchasers and owners thereof.
Section 2. The City hereby acknowledges and confirms the pledges made for the
benefit of the owners of the Bonds as set forth in the Resolution. The City acknowledges that
amounts deposited to the Series 2012 Bond Payment Account are pledged to the payment of the
principal and interest on the Bonds as the same fall due. The City hereby acknowledges and agrees
that the Authority has agreed to certify, in accordance with the terms of Section 18-2107(11) of the
Act, annually to the Mayor and Council of the City a tax not to exceed 2.6¢ on each $100 of taxable
valuation in the City (the “Authority Taxes”) and such taxes are to be employed to assist in the
defraying of expenses of redevelopment projects, including the payment of principal and interest on
the Bonds as issued to pay the cost of the Project; in that such taxes represent a property tax levy for
bonds as defined in Section 10-134 approved according to law and secured by a levy on property,
are not included in the levy limits established by Section 77-3442, R.R.S. Neb. 2009, or subject to
allocation under Section 77-3443, R.R.S. Neb. 2009, as amended; the Mayor and Council hereby
approve the terms and provisions of the Resolution and the issuance of the Bonds.
Section 3. In accordance with the requirements of Rule 15c2-12 (the “Rule”)
promulgated by the Securities and Exchange Commission, the City, being the creating and
appointing body for the Authority and, effectively, the only “obligated person” with respect to the
Bonds, agrees that it will provide the following continuing disclosure information to the Municipal
Securities Rulemaking Board (the “MSRB”) in an electronic format as prescribed by the MSRB:
(a) not later than seven months after the end of each fiscal year of the City (the
“Delivery Date”), financial information or operating data for the City of the type
included in the final official statement for the Bonds under the heading
“FINANCIAL STATEMENT” (“Annual Financial Information”);
Grand Island Council Session - 9/25/2012 Page 225 / 251
3
(b) when and if available, audited financial statements for the City; audited financial
information shall be prepared on the basis of generally accepted accounting
principles and the standards applicable to financial audits contained in Governmental
Auditing Standards, issued by the Comptroller General of the United States; and
(c) in a timely manner not in excess of ten business days after the occurrence of the
event, notice of the occurrence of any of the following events with respect to the
Bonds:
(1) principal and interest payment delinquencies;
(2) non-payment related defaults, if material;
(3) unscheduled draws on debt service reserves reflecting financial
difficulties;
(4) unscheduled draws on credit enhancements reflecting financial
difficulties;
(5) substitution of credit or liquidity providers, or their failure to perform;
(6) adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the Bonds, or other material events affecting the
tax status of the Bonds;
(7) modifications to rights of the holders of the Bonds, if material;
(8) bond calls, if material, and tender offers;
(9) defeasances;
(10) release, substitution, or sale of property securing repayment of the
Bonds, if material;
(11) rating changes;
(12) bankruptcy, insolvency, receivership or similar events of the City or
the Authority (this event is considered to occur when any of the following
occur: the appointment of a receiver, fiscal agent or similar officer for the
City or the Authority in a proceeding under the U.S. Bankruptcy Code or in
any other proceeding under state or federal law in which a court or
governmental authority has assumed jurisdiction over substantially all of
the assets or business of the City or the Authority, or if such jurisdiction
Grand Island Council Session - 9/25/2012 Page 226 / 251
4
has been assumed by leaving the existing governing body and officials or
officers in possession but subject to the supervision and orders of a court or
governmental authority, or the entry of an order confirming a plan of
reorganization, arrangement or liquidation by a court or governmental
authority having supervision or jurisdiction over substantially all of the
assets or business of the City or the Authority);
(13) the consummation of a merger, consolidation, or acquisition involving
the City or the Authority or the sale of all or substantially all of the assets
of the City or the Authority, other than in the ordinary course of business,
the entry into a definitive agreement to undertake such an action or the
termination of a definitive agreement relating to any such actions, other
than pursuant to its terms, if material;
(14) appointment of a successor or additional trustee or the change of
name of a trustee, if material.
Neither the City nor the Authority has undertaken to provide notice of the
occurrence of any other event, except the events listed above.
(d) in a timely manner, notice of any failure on the part of the City to provide
Annual Financial Information not later than the Delivery Date.
The City agrees that all documents provided to the MSRB under the terms of this
continuing disclosure undertaking shall be in such electronic format and
accompanied by such identifying information as shall be prescribed by the MSRB.
The City reserves the right to modify from time to time the specific types of
information provided or the format of the presentation of such information or the
accounting methods in accordance with which such information is presented, to the
extent necessary or appropriate in the judgment of the City, consistent with the Rule.
The City agrees that such covenants are for the benefit of the registered owners of
the Bonds (including Beneficial Owners) and that such covenants may be enforced
by any registered owner or Beneficial Owner, provided that any such right to
enforcement shall be limited to specific enforcement of such undertaking and any
failure shall not constitute an event of default under the Resolution. The continuing
disclosure obligations of the City and the Authority, as described above, shall cease
when none of the Bonds remain outstanding.
Section 4. The Mayor and Council hereby state that it is the intention of the City
that interest on the Bonds as issued by the Authority shall be excludable from gross income under
the federal income tax by virtue of Section 103 of the Code and the Mayor and Council hereby
authorize the Mayor, the City Clerk and the City Treasurer (Finance Director) (or any one of more
Grand Island Council Session - 9/25/2012 Page 227 / 251
5
of them) to take all actions necessary or appropriate to carry out said intention and for obtaining
such interest exclusion. The City hereby covenants with Authority for the benefit of the purchasers
and owners of the Bonds that it will make no use of the proceeds of said issue, including monies
held in any sinking fund for payments on the Bonds, which would cause the Bonds to be “arbitrage
bonds” within the meaning of Section 103 and 148 and other related sections of the Code and
further covenants to comply with said Sections 103 and 148 and related sections and all applicable
regulations thereunder throughout the term of said issue, including all requirements with respect to
reporting and payment of rebates, if applicable. The City hereby confirms the designation by the
Authority of the Bonds (as issued by the Authority on behalf of the City) as the Authority’s
“qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(III) of the Code and
covenants and warrants that the City does not reasonably expect to issue or have issued on its
behalf tax-exempt bonds or other tax-exempt interest bearing obligations (including the Bonds)
aggregating in principal amount more than $10,000,000 during calendar year 2012 (taking into
consideration the exception for current refunding issues). The officers of the City (or any one of
them) are hereby authorized to make allocations of the Bonds (as to principal maturities) and any
other bonds or obligations issued by or on behalf of the City and of the proceeds of the Bonds
and debt service funds of the City as may be deemed appropriate under the federal tax laws and
regulations. Any allocations made and determinations set forth in a certificate by an officer of
the City (which may be in cooperation with any certification provided by the Authority) shall be
and constitute authorized determinations made on behalf of the City with the same force and
effect as if set forth in this Resolution.
Section 5. The officers of the City (or any one or more of them), as and to the
extent not authorized to do so by other provisions of this Resolution, are hereby authorized to take
Grand Island Council Session - 9/25/2012 Page 228 / 251
6
any and all action and to execute and deliver any and all instruments and certifications determined
necessary or appropriate on behalf of the City in connection with the issuance of the Bonds. If any
section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such
section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution.
Section 6. This Resolution shall be in force and take effect from and after its
adoption as provided by law.
PASSED AND APPROVED this 25th day of September, 2012.
___________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
Grand Island Council Session - 9/25/2012 Page 229 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I4
#2012-276 - Consideraiton of Approving Additional Funds
Necessary for the City to Meet Its Obligations Pursuant to Its
Contract for Cable Consultant Services
Staff Contact: Robert J. Sivick, City Attorney
Grand Island Council Session - 9/25/2012 Page 230 / 251
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:September 25, 2012
Subject:Approving Additional Funds Necessary for the City to
Meet Its Obligations Pursuant to Its Contract for Cable
Consultant Services
Item #’s:I-4
Presenter(s): Robert J. Sivick, City Attorney
Background
On March 7, 2006 the Grand Island City Council (Council) approved Resolution 2006-78
which approved the expenditure of $87,500.00 for consulting services provided by the
law firm of Moss & Barnett of Minneapolis. Those consulting services were pursuant to a
contract entered between the City of Grand Island (City) and Moss & Barnett for that
firm to represent the City in its negotiations with CCVI Operating, LLC d/b/a Charter
Communications (Charter) for the renewal of the City’s cable franchise agreement with
Charter.
In August, 2011, at the request of the Administration, I began reviewing the status of the
agreements the City had with Charter and Moss & Barnett. I determined progress had
been slow due in part to Charter’s Chapter 11 bankruptcy filing in 2009. I concluded it
was in the best interests of the City to continue its contract with Moss & Barnett as
terminating it would require the City Legal Department to start negotiations over from
scratch. This would have proven difficult given the Department’s limited personnel and
resources which was the reason the City originally entered into the contract with Moss &
Barnett in 2006.
I made contact with representatives of Moss & Barnett and Charter, expressed the City’s
disappointment in the slow progress of negotiations and its desire for completion. In
addition, I began personally participating in negotiations on behalf of the City. Since then
I, along with representatives of Charter and Moss & Barnett participated in thirteen
separate conference calls related to the City’s renewal of its cable franchise agreement.
An agreement has been reached and will be presented to Council for review at its Study
Session meeting on October 2, 2012 and approval at the October 9, 2012 meeting.
Grand Island Council Session - 9/25/2012 Page 231 / 251
Discussion
The City Legal Department made every effort to reduce the fees paid to Moss & Barnett
by keeping as much work related to the renewal of the cable franchise agreement in
house thus reducing the total time devoted to this matter by Moss & Barnett.
The total fee of Moss & Barnett in providing legal and consulting services to the City is
$96,084.62. This amount is $8,584.62 in excess of the $87,500.00 approved in 2006
pursuant to Resolution 2006-78. The City Attorney has reviewed the billings of Moss &
Barnett and determined they were reasonable given that firm’s expertise in this particular
area of the law and the considerable time devoted representing the City over more than
six years.
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
The City Administration recommends the Council approve the appropriation of $8,584.62
for the payment of fees to Moss & Barnett for legal and consulting services in addition to
the $87,500.00 previously allocated pursuant to Resolution 2006-78.
Sample Motion
Move to approve Resolution 2012-278 which appropriates $8,584.62 for the payment of
legal and consulting fees to the law firm of Moss & Barnett of Minneapolis.
Grand Island Council Session - 9/25/2012 Page 232 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-276
WHEREAS, on March 7, 2006 the Grand Island City Council approved
Resolution 2006-78; and
WHEREAS, that Resolution approved a contract between the City of Grand
Island and the law firm of Moss & Barnett of Minneapolis for legal and consulting services
related to the renewal of the City’s cable franchise agreement with CCVI Operating, LLC d/b/a
Charter Communications; and
WHEREAS, the Council appropriated a total of $87,500.00 in 2006 to pay Moss
& Barnett for its services; and
WHEREAS, the total cost of services provided the City by Moss & Barnett are
$96,084.62 or $8,584.62 in excess of the amount appropriated in 2006; and
WHEREAS, the City Attorney has reviewed the billing statements of Moss &
Barnett and determined they are reasonable,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that $8,584.62 is appropriated to pay Moss
& Barnett of Minneapolis for legal and consulting services provided the City related to the
renewal of the City’s cable franchise agreement with Charter Communications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 233 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I5
#2012-277 - Consideration of Approving Bid Award for Southwest
Outfall Drainage – Central Community College to the Wood River;
Project No. 2011-D-1
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 9/25/2012 Page 234 / 251
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:September 25, 2012
Subject:Approving Bid Award for Southwest Outfall Drainage –
Central Community College to the Wood River; Project
No. 2011-D-1
Item #’s:I-5
Presenter(s):Terry Brown, Interim Public Works Director
Background
The Southwest Outfall Drainage project will intercept drainage from the US Highway
281 area southwest of the Brentwood area and take the storm water east towards the
Wood River in accordance with the drainage plan prepared for this area in 1978.
On August 30, 2012 the Engineering Division of the Public Works Department
advertised for bids for the Southwest Outfall Drainage – Central Community College to
the Wood River; Project No. 2011-D-1. There were fourteen (14) potential bidders for the
project.
Discussion
Two (2) bids were received and opened on September 13, 2012. The bids were submitted
in compliance with the contract, plans and specifications. A summary of the bids is
shown below.
Bidder Exceptions Total Bid
Van Kirk Bros. Contracting of Sutton, NE None $442,496.20
The Diamond Engineering Co., of Grand Island, NE None $448,429.32
Both bids received were over the Engineer’s estimate of $435,000.00. With the two bids
being compliant and less than 1% variance, both bids are considered fair and reasonable.
Grand Island Council Session - 9/25/2012 Page 235 / 251
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 awarding a contract to Van
Kirk Bros. Contracting of Sutton, Nebraska in the amount of $442,496.20 as the low
compliant bid that meets specifications.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 9/25/2012 Page 236 / 251
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:September 13, 2012 at 2:00 p.m.
FOR:Southwest Outfall Drainage – Central Community College to
The Wood River; Project No. 2011-D-1
DEPARTMENT:Public Works
ESTIMATE:$435,000.00
FUND/ACCOUNT:40033520-90018
PUBLICATION DATE:August 30, 2012
NO. POTENTIAL BIDDERS:14
SUMMARY
Bidder:Diamond Engineering Co.Van Kirk Bros. Contracting
Grand Island, NE Sutton, NE
Bid Security:Universal Surety Company Universal Surety Company
Exceptions:None None
Bid Price:$448,429.32 $442,496.20
cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Jason Eley, Purchasing Agent Mary Lou Brown, City Administrator
P1586
Grand Island Council Session - 9/25/2012 Page 237 / 251
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this 25th day of September, 2012, by and between VAN KIRK
BROS. CONTRACTING, hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter
called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an
advertisement calling for bids to be published, for construction of SOUTHWEST OUTFALL DRAINAGE;
CENTRAL COMMUNITY COLLEGE TO THE WOOD RIVER; PROJECT NO. 2011-D-1; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly
awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy
thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and
the Contractor for itself or themselves, and its or their successors, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other
construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and
equipment specified and required to be incorporated in and form a permanent part of the completed work; (c)
provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance
with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached
General Specifications, said documents forming the contract and being as fully a part thereof as if repeated
verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official
award of this contract to the said Contractor, such award being based on the acceptance by the City of the
Contractor's bid;
ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this
contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as provided
by the contract) of FOUR HUNDRED FORTY TWO THOUSAND FOUR HUNDRED NINETY SIX &
20/100 ($442,496.20) for all services, materials, and work covered by and included in the contract award and
designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner
provided in the General Specifications.
ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies for
the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase
price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand
or claim for payment of the purchase price from the City by submitting an invoice to the contractor. Title to all
materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the
method of payment, title shall vest immediately in the City. The contractor shall not acquire title to any materials
and supplies incorporated into the project. All invoices shall bear the contractor's name as agent for the City. This
paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the
finished product of SOUTHWEST OUTFALL DRAINAGE; CENTRAL COMMUNITY COLLEGE TO
THE WOOD RIVER; PROJECT NO. 2011-D-1.
ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required
bond is approved, and that the work in this contract shall be completed no later than June 7, 2013.
1
Grand Island Council Session - 9/25/2012 Page 238 / 251
SOUTHWEST OUTFALL DRAINAGE; CENTRAL COMMUNITY COLLEGE TO THE WOOD RIVER;
PROJECT NO. 2011-D-1 (2/4)
ARTICLE V. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on
the following September 30th. It is understood and agreed that any portion of this agreement which will be
performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations
sufficient to fund such performance.
ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of
this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the
provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation
Fund of the State of Nebraska.
ARTICLE VII. During the performance of this contract, the Contractor and all subcontractors agree not to
discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin,
age or disability and to comply at all times with all applicable state and federal civil rights acts and executive
orders of the President of the United States.
ARTICLE VIII. Every public contractor and their subcontractors who are awarded a contract by the City for the
physical performance of services within the State of Nebraska shall register with and use a federal immigration
verification system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska.
ARTICLE IX. City Code states that it is unethical for any person to offer, give or agree to give any City
employee or former City employee, or for any City employee or former City employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any
decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling,
determination, claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment,
gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime
contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a
subcontract or order.
ARTICLE X. The City reserves the right to terminate this contract at any time upon 60 days notice. If the
contract is terminated, the contractor will be compensated for any services rendered to date of termination.
ARTICLE XI. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE XII. LB 403: Every public consultant and his, her or its subconsultants who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register with
and use a federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and year first
above written.
2
Grand Island Council Session - 9/25/2012 Page 239 / 251
SOUTHWEST OUTFALL DRAINAGE; CENTRAL COMMUNITY COLLEGE TO THE WOOD RIVER;
PROJECT NO. 2011-D-1 (3/4)
VAN KIRK BROS. CONTRACTING
By Date
Title
CITY OF GRAND ISLAND, NEBRASKA,
By Date
Mayor
Attest:
City Clerk
The contract and bond are in due form according to law and are hereby approved.
Date
Attorney for the City
3
Grand Island Council Session - 9/25/2012 Page 240 / 251
SOUTHWEST OUTFALL DRAINAGE; CENTRAL COMMUNITY COLLEGE TO THE WOOD RIVER;
PROJECT NO. 2011-D-1 (4/4)
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1) Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2) Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subconsultants, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
(3) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subagreement, including procurements of materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the consultant of the consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin, sex, age, and disability/handicap.
(4) Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.) withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.) cancellation, termination or suspension of the agreement, in whole or in part.
(6) Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subagreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subagreement or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of
Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the
consultant may request the United States to enter into such litigation to protect the interests of the United States.
4
Grand Island Council Session - 9/25/2012 Page 241 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-277
WHEREAS, the City of Grand Island invited sealed bids for the Southwest
Outfall Drainage – Central Community College to the Wood River; Project No. 2011-D-1,
according to plans and specifications on file with the City Engineer/Public Works Director; and
WHEREAS, on September 13, 2012 bids were received, opened, and reviewed;
and
WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $442,496.20, and
WHEREAS, Van Kirk Bros. Contracting’s bid is considered fair and reasonable
for the project; and
WHEREAS, funds are available in the Fiscal Year 2011/2012 budget for this
project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Van Kirk Bros. Contracting
of Sutton, Nebraska in the amount of $442,496.20 for the Southwest Outfall Drainage – Central
Community College to the Wood River; Project No. 2011-D-1 is hereby approved as the lowest
responsible bid.
BE IT FUTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 242 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I6
#2012-278 - Consideration of Approving Purchase of 2012 Ford
F250 for the Fire Department
Staff Contact: Russ Blackburn
Grand Island Council Session - 9/25/2012 Page 243 / 251
Council Agenda Memo
From:Russ Blackburn, Interim Fire Chief
Meeting:September 25, 2012
Subject:Purchase of 2012 Ford F250
Item #’s:I-6
Presenter(s):Russ Blackburn, Interim Fire Chief
Background
In the 2011-2012 Capital Budget, the Fire Department had requested $70,000 for
replacement of broken concrete on the approach to Fire Station 3 and the parking lot. A
request-for-proposal (RFP) was put together by Public Works and advertised for bids on
August 15, 2012. Two bids were received and opened on August 28, 2012. Both bids
were over the estimated amount of $70,000 for the project and both companies were
unable to start the project until the fall of 2012 or later.
Since we won’t be spending the $70,000 from the 2011-2012 Capital Budget on this
project, we propose to use this money to complete a 2012–2013 Capital Budget goal. In
our 2012-2013 Capital Budget request was the replacement of a 2000 Chevrolet
Suburban with a new staff vehicle budget request of $32,000. The Suburban and the new
replacement vehicle are used to tow the department trailers during emergency responses
and shuttle fire crews when heavier equipment is not needed. We need at least a ¾ ton
vehicle to pull the large trailers that are the Command/ Rehab trailer and the Hazardous
Materials Team trailer. Because of the limited time from when the RFP for Fire Station 3
concrete did not work out and the end of the 2011-2012 budget year, the only project
from the 2012- 2013 Capital Budget that we could get done would be the purchase of a
vehicle from State Bid.
Grand Island Council Session - 9/25/2012 Page 244 / 251
Discussion
Anderson Ford of Lincoln, NE has on its lot available for immediate purchase, a 2012 ¾
ton F250 Crew Cab 4x4 that fits exactly what the department needs. They will let us
purchase the vehicle at the State Bid price of $29,985 and an optional pick-up bed topper
for the State Bid price of $1,295. The total purchase price would be $31,280.
The purchase of this vehicle allows us to accomplish a 2012-2013 budget goal without
affecting the 2012-2013 Capital Budget of $800,000 for the new Fire Chief. This
purchase meets a department need and frees up $32,000 from the possible purchase of a
new vehicle in the 2012-2013 Capital Budget.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the 2012 F250
pick-up from Anderson Ford of Lincoln, NE for the price of $31,280 from the 2011-
2012 Fire Department Capital Budget.
Sample Motion
Move to approve the purchase of the 2012 F250 pick-up from Anderson Ford of Lincoln,
NE for the price of $31,280 from the 2011- 2012 Fire Department Capital Budget.
Grand Island Council Session - 9/25/2012 Page 245 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-278
WHEREAS, a 2011-2012 Capital Budget project of concrete replacement at Fire
Station 3 cannot be completed within the budget year, and $70,000 of budget authority will go
unused; and
WHEREAS, the Grand Island Fire Department was planning on replacing a 2000
Chevy Suburban in the 2012-2013 budget year with a Ford F250 pick-up; and
WHEREAS, this purchase meets a department need without affecting the 2012-
2013 Capital Budget of $800,000 for 2012-2013, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of the 2012 F250
pick-up from Anderson Ford of Lincoln, NE for the price of $31,280 from the 2011-2012 Fire
Department Capital Budget.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 246 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item I7
#2012-279 - Consideration of Approving Appointment of Cory
Schmidt as Fire Chief
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 9/25/2012 Page 247 / 251
Council Agenda Memo
From:Mayor Jay Vavricek
Meeting:September 25, 2012
Subject:Appointment of Fire Chief
Item #’s:I-7
Presenter(s):Mayor Jay Vavricek
Background
The City of Grand Island currently has a vacancy in the position of Fire Chief. Division
Chief Russ Blackburn is presently serving as Interim Fire Chief through September 30,
2012. The position was vacated when previous Chief Troy Hughes accepted a position in
Los Alamos, New Mexico.
Discussion
The Fire Chief position is covered under the Civil Service. Civil Services rules require a
competitive testing process to fill open Civil Service positions. The City advertised and
accepted applications. The City hired CPS, HR Consulting to handle the screening of
applicants and the competitive exam which was an assessment center. The initial process
included a job analysis conducted by Fire Chief Mullikin from Salina, Kansas and Fire
Chief Byers from Council Bluffs, Iowa. Three additional fire chiefs acted as subject
matter experts for the assessment center. Fire Chief McDonnell from the City of Omaha,
Fire Chief Huff from the City of Lincoln and Fire Chief Pederson from the City of North
Platte, Council members Donaldson, Minton and Nickerson and community members
Nicki Stoltenberg and Carlos Barcenas assisted the City with the assessment center.
Civil Service was presented with the test scores and certified the results as well as the top
three candidates that would be forwarded to the Mayor for an appointment. Three
candidates were present at City Hall on September 17th for interviews with the interview
committee. The interview committee consisted of Council members Donaldson, Minton
and Nickerson, Mayor Vavricek, City Administrator Brown, Human Resources Director
Sutherland, as well as IAFF President, Scott Kuehl, Civil Service Commissioner John
Schultz and community member Glenn Wilson. Extensive background checks were
conducted on the finalists.
Grand Island Council Session - 9/25/2012 Page 248 / 251
After careful consideration and continued dialog with candidates, I have determined Cory
Schmidt to be the successful candidate to bring forward for City Council approval. Cory
has been employed with the City of Grand Island since 1996. Cory is currently a Fire
Captain with the Grand Island Fire Department. Schmidt has an Associate’s degree in
fire protection technology from Southeast Community College in Lincoln, Nebr., and a
Bachelor’s degree in Business Administration/Management from Peru State College in
Peru, Nebr.
Schmidt was hired as a Firefighter/EMT–B in 1996 and was later promoted to Fire
Captain in 2000. Schmidt is also a business owner in St. Paul, Nebr., owning Hard Core
4x4 since 2008 and opening Schmidt Realty in 2011.
Prior to working for the Grand Island Fire Department, Schmidt served as a fire
protection specialist for the United State Air Force for four years.
I am confident that Cory’s exceptional work ethic, integrity and commitment to this fire
department and community will ensure his success as the City of Grand Island’s next Fire
Chief.
If approved by Council, Cory will assume the duties of Fire Chief on October 1, 2012.
He will start at step one of the Fire Chief pay scale which is $72,063.42 annually and as
outlined in the Personnel Rules be eligible for step movement after successful completion
of the introductory period.
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
I recommend the approval of the appointment of Cory Schmidt as Fire Chief.
Sample Motion
Recommend approval of the appointment of Cory Schmidt as Fire Chief.
Grand Island Council Session - 9/25/2012 Page 249 / 251
Approved as to Form ¤ ___________
September 21, 2012 ¤ City Attorney
R E S O L U T I O N 2012-279
WHEREAS, under City Code, 2 – 31, the position of Fire Chief 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 Fire Chief; and
WHEREAS, the Mayor has recommended the appointment of Cory Schmidt as
Fire Chief effective October 1, 2012; and
WHEREAS, Mr. Schmidt will be compensated at step one of the current Fire
Chief pay scale in compliance with the City Personnel Rules.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Cory Schmidt is hereby duly
appointed the Fire Chief for the City of Grand Island, Nebraska,
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, and September 25, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 9/25/2012 Page 250 / 251
City of Grand Island
Tuesday, September 25, 2012
Council Session
Item J1
Approving Payment of Claims for the Period of September 12,
2012 through September 25, 2012
The Claims for the period of September 12, 2012 through September 25, 2012 for a total amount of
$6,851,458.68. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 9/25/2012 Page 251 / 251