01-22-2013 City Council Regular Meeting Packet
City of Grand Island
Tuesday, January 22, 2013
Council Session Packet
City Council:
Linna Dee Donaldson
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Julie Hehnke
Vaughn Minton
Mitchell Nickerson
Bob Niemann
Mike Paulick
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
Grand Island Council Session - 1/22/2013 Page 1 / 174
City of Grand Island Tuesday, January 22, 2013
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 John Hayes, Grace Baptist church, 1115 South Vine 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 - 1/22/2013 Page 2 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item C1
Presentation by Mike Olson, Executive Director of the Central
Nebraska Regional Airport on the State of the Airport Address
Mike Olson, Executive Director of the Central Nebraska Regional Airport will give the State of the
Airport Address updating the Mayor and Council on the continued growth and expansion plans for the
airport.
Staff Contact: Mike Olson, Executive Director of CNRA
Grand Island Council Session - 1/22/2013 Page 3 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item D1
#2013-BE-1 - Board of Equalization Hearing for Water Main
District 457 - Pioneer Blvd.
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 4 / 174
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:January 22, 2013
Subject:Water Main Districts 457, 459, 460, and 461, Parkview
Area, Board of Equalization Hearings and Setting of
Assessments
Item #’s:D-1, D-2, D-3, D-4, & F-1, F-2, F-3, F-4
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Parkview area is generally located south of Stolley Park Road and east of Blaine
Street. Initially development of the area commenced approximately 75 years ago, and the
area was not within City limits. Private domestic household wells were used for water
supply at the time, and have served the area until recently.
In June, 2011, a neighborhood meeting was held with area residents to discuss
groundwater polluted by industrial solvents which has extended eastward across the City.
The Nebraska Department of Environmental Quality (NDEQ) and the Environmental
Protection Agency (EPA) has classified the area as a Superfund Site, and are currently
conducting clean-up operations. Subsequent to the meeting, the City received petitions
from property owners in the area requesting water service.
Per those petitions, and as directed by Council, four Water Main Districts were created to
extend City service:
District 457, located in Pioneer Blvd.
District 459, located in Park Drive
District 460, located in Riverview Drive, Grand Avenue, and August Street
District 461, located in Hagge Avenue and William Street
That work is now fully complete, operational, and has been incorporated into the
municipal system. A map of each district’s boundary is attached for reference, as well as
a map of the entire area.
Grand Island Council Session - 1/22/2013 Page 5 / 174
Discussion
As a cost savings from the economy of scale, one contract was issued for construction of
the four assessment districts. The total project cost was $1,059,521.60, of which
$108,041.20, or about 10.2%, is not included in the amount to be assessed to the property
owners in the districts. This cost is associated with that portion of the project installed
adjacent to the Stolley Park property, the Stolley Park Elementary School property, and
an additional interconnection placed in August Street that provides additional redundancy
to the area.
The construction was done as assessment districts, which is the standard method used by
the City to recoup costs when mains are installed at the request of the property owners.
Of the total project cost, the total amount chargeable for assessments is $951,480.40. The
method of the assessments is based on an equal benefit and value of service to each
property, and each property owner will be assessed the same portion of the chargeable
amount equal to $7,100.60. This is the same assessment method used in adjacent
Parkview areas.
The assessment may be paid in five annual payments, at 7% simple interest on the
outstanding balance. The first payment is due 50 days after the Council sets at the Board
of Equalization (BOE) Hearing. Attached for reference are copies of the district’s costs,
ownership records, and assessments.
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 assessment amounts for Water Main Districts
457, 459, 460, and 461 be set for the properties within the districts as tabulated on the
attached listing.
Sample Motion
Move to approve the assessment amounts for Water Main Districts 457, 459, 460, and
461.
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R E S O L U T I O N 2013-BE-1
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 457,
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
$241,420.40; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Water Main District No. 457, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
City of Grand Island Lot 6, Block A, Park-View Subdivision $7,100.60
Frederick W. Rauch, Jr.Lot 1, Block E, Park-View Subdivision $7,100.60
Gary R. & Ellen M. Mader Lot 1, Bonney Subdivision $7,100.60
Gary R. & Ellen M. Mader Lot 3, Bonney Subdivision $7,100.60
Tiffany B. Pendergraft
c/o Shore Mortgage
Lot 5, Block D, Park-View Subdivision $7,100.60
Sharon A. Smaha Lot 1, Block D, Park-View Subdivision $7,100.60
Dean L. & Shirley D. Carstens Lot 3, Block D, Park-View Subdivision $7,100.60
Marvin D. & Judith M. Lambertus Part of the SW ¼, NW ¼, Section 28, T11N, R9W of
the 6th PM commencing at the SE corner of Lot 17,
Block A, Park-View Subdivision; thence running
southerly on said east line of said W ½, NW ¼, said
Section 28, a distance of 1,457 feet, thence westerly
and parallel to the south line of said Lot 17, a distance
of 377 feet to the east right-of-way line of Pioneer
Blvd.; thence northerly on the east right-of-way of
Pioneer Blvd., a distance of 1,457 feet; thence
easterly and parallel to the south line of said Lot 17, a
distance of 377 feet to the point of beginning.
(Part of the SW ¼, NW ¼ of Section 28-11-9)
$7,100.60
Joel B. & Melanie L. Garrett Lot 17, Block A, Park-View Subdivision $7,100.60
Steven D. & Lynda G. Gratopp Lot 2, Block D, Park-View Subdivision
Part of Lot 4, Block D, Park-View Subdivision
(S. 8.5’ Lot 4, Block D, Park-View Subdivision)
$7,100.60
Kevin B. Boltz Lot 16, Block A, Park-View Subdivision $7,100.60
Ronald R. Ruhe & Marilyn Haith Lot 15, Block A, Park-View Subdivision $7,100.60
Lawrence D. & Kristine A. Coates Part Lot 4, Block D, Park-View Subdivision
(N. 180.4’ Lot 4, Block D, Park-View Subdivision)
$7,100.60
Roger Krolikowski Lot 6, Block D, Park-View Subdivision $7,100.60
Neil D. & Jacqueline J. Stoecker Lot 14, Block A, Park-View Subdivision $7,100.60
Myron R. & Margaret E. Berggren Lot 13, Block A, Park-View Subdivision $7,100.60
Herbert W. & Lanita K. Roeser Lot 1, Park-View 5th Subdivision $7,100.60
Robert G. & Judy A. Eversoll Lot 12, Block A, Park-View Subdivision $7,100.60
Diane E. Bodenbender Lot 11, Block A, Park-View Subdivision`$7,100.60
Grand Island Council Session - 1/22/2013 Page 9 / 174
R E S O L U T I O N 2013-BE-1 (Cont.)
Branden D. & Gretchen L. Wagner Lot 19, Block B, Park-View Subdivision $7,100.60
Daniel R. & Sara A. Cox Lot 10, Block A, Park-View Subdivision $7,100.60
John & Jennifer Gannon Lot 9, Block A, Park-View Subdivision $7,100.60
John W. & Wanda M. Sargent Lot 17, Block B, Park-View Subdivision $7,100.60
Daniel J. & Sandra J. Hostler Lot 15, Block B, Park-View Subdivision $7,100.60
Rhoads Enterprises, Inc.Lot 8, Block A, Park-View Subdivision $7,100.60
Laura J. Johnson Lot 13, Block B, Park-View Subdivision $7,100.60
Jeffrey H. & Denelda C. Spease Lot 7, Block A, Park-View Subdivision $7,100.60
Brandon K. Warner Lob 11, Block B, Park-View Subdivision $7,100.60
David J. & Jamie J. Parr Lot 9, Block B, Park-View Subdivision $7,100.60
John T. & Kathryn A. Kluska Lot 5, Block A, Park-View Subdivision $7,100.60
Darrel R. Olson Lot 7, Block B, Park-View Subdivision $7,100.60
James F. Crisel Lot 4, Block A, Park-View Subdivision $7,100.60
Myrl L. Wieland Lot 3, Block A, Park-View Subdivision $7,100.60
Jayne A. Decker Lot 5, Block B, Park-View Subdivision $7,100.60
TOTAL $241,420.40
---
Adopted by the City Council of the City of Grand Island, Nebraska, on January 22, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 10 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item D2
#2013-BE-2 - Board of Equalization Hearing for Water Main
District 459 - Park Drive
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: Tim Luchsinger, Robert Sivick
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R E S O L U T I O N 2013-BE-2
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 459,
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
$163,313.80; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Water Main District No. 459, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Robert L. & Roxanne L. Lathen Lot 29, Block C, Park-View Subdivision $7,100.60
Donald P. & Patricia D. Whelan Lot 27, Block C, Park-View Subdivision $7,100.60
Douglas A. & Cheryl A. Ward Lot 25, Block C, Park-View Subdivision $7,100.60
Steven R. & Mary M. Mettenbrink Lot 23, Block C, Park-View Subdivision $7,100.60
Brian J. & Lisa C. Degen Lots 19 and 21, Block C Park-View Subdivision $7,100.60
Jeanne E. Williams Lot 17, Block C, Park-View Subdivision $7,100.60
K & B Aircraft Leasing Services, Inc.Lot 15, Block C, Park-View Subdivision $7,100.60
Donald A. & Cheri A. Schwieger Lot 13, Block C, Park-View Subdivision $7,100.60
Leslie Dean & Teresita V. Westover Lot 11, Block C, Park-View Subdivision $7,100.60
Greg S. & Angela M. Lehechka Lot 9, Block C, Park-View Subdivision $7,100.60
Chad L. & Leslie M. Smith Lot 7, Block C, Park-View Subdivision $7,100.60
George H. & Kathryn L. Ferris Lot 5, Block C, Park-View Subdivision $7,100.60
Earl K. & Lazetta J. Barnes Lot 3, Block C, Park-View Subdivision $7,100.60
Timothy R. & Beverly Jo Plummer Lot 1, Block C, Park-View Subdivision $7,100.60
Luther S. & Stephanie M. Allen Lot 1, Park View 3rd Subdivision $7,100.60
Virgil D. & Lois M. Melsen Lot 20, Block B, Park-View Subdivision $7,100.60
Evalyn M. Sorahan Lot 18, Block B, Park-View Subdivision $7,100.60
Shirley M. Sterkel Lot 16, Block B, Park-View Subdivision $7,100.60
Charles H. & Christine M. Hoffman Lot 14, Block B, Park-View Subdivision $7,100.60
Steven R. & Tracy M. Eisenmann Lot 12, Block B, Park-View Subdivision $7,100.60
Roger Charles Brown Lot 10, Block B, Park-View Subdivision $7,100.60
Krisha C. Bosselman Lot 8, Block B, Park-View Subdivision $7,100.60
Henry N. & Carol A. Yencer Lot 6, Block B, Park-View Subdivision $7,100.60
TOTAL $163,313.80
---
Grand Island Council Session - 1/22/2013 Page 14 / 174
R E S O L U T I O N 2013-BE-2 (Cont.)
Adopted by the City Council of the City of Grand Island, Nebraska, on January 22, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 15 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item D3
#2013-BE-3 - Board of Equalization Hearing for Water Main
District 460 - Grand Avenue, Riverview Drive & August Street
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: Tim Luchsinger, Robert Sivick
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R E S O L U T I O N 2013-BE-3
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 460,
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
$255,621.60; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Water Main District No. 460, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Franklin L. Angel & Roxanne E. Smith Lot 7, Block 5, Country Club Subdivision $7,100.60
Mary A. Huebner Lot 7, Block 4, Country Club Subdivision $7,100.60
Shane A. & Lisa A. Arends Lot 5, Block 5, Country Club Subdivision $7,100.60
Thomas J. & Dianna L. Dunning Lot 6, Block 4, Country Club Subdivision $7,100.60
David L. Thuernagle Lot 3, Block 5, Country Club Subdivision $7,100.60
Larry C. & Debra K. Wilkerson Lot 5, Block 4, Country Club Subdivision $7,100.60
Robert W. Strong & Kendra K. Hays Lot 10, Block 6, Country Club Subdivision $7,100.60
Richard P. & Phyllis O. Newhouse Lot 4, Block 4, Country Club Subdivision $7,100.60
Michelle J. Hysell Lot 7, Block 3, Country Club Subdivision $7,100.60
Darrell E. & Kelly S. Johnson Lot 9, Block 6 Country Club Subdivision $7,100.60
William & June Urbanek Lot 3, Block 4, Country Club Subdivision $7,100.60
Blake M. Corman Lot 8, Block 6, Country Club Subdivision $7,100.60
Michael J. & Deborah L. Delvaux Lot 2, Block 4, Country Club Subdivision $7,100.60
Gloria J. Thesenvitz Lot 5, Block 3, Country Club Subdivision $7,100.60
Gloria J. Thesenvitz Lot 6, Block 3, Country Club Subdivision $7,100.60
Steven R. Spearman Lot 1, Block 6, Country Club Subdivision $7,100.60
David L. & June M. Prokesh Lot 1, Block 4, Country Club Subdivision $7,100.60
Judy C. Pospisil Lot 7, Block 6, Country Club Subdivision $7,100.60
Gordon E. & Doris M. Cox Lot 6, Block 6, Country Club Subdivision $7,100.60
Betty L. Buddecke Lot 5, Block 6, Country Club Subdivision $7,100.60
Paul E. & Connie L. Luther Lot 8, Block 4, Country Club Subdivision $7,100.60
James M. & Edna J. Shelton Lot 3, Block 6, Country Club Subdivision $7,100.60
James M. & Edna J. Shelton Lot 4, Block 6, Country Club Subdivision $7,100.60
Dorothy K. Moore Lot 2, Block 6, Country Club Subdivision $7,100.60
Edwin L. & Becky L. Whipple Lot 4, Block 3, Country Club Subdivision $7,100.60
Shawn & Tanya Clark Lot 3, Block 3, Country Club Subdivision $7,100.60
LaVerne J. Webb Lot 2, Block 3, Country Club Subdivision $7,100.60
Kimberly K. Fritz Lot 5, Block 2, Country Club Subdivision $7,100.60
Kenneth E. & Marnell L. Van Hoosen Lot 4, Block 2, Country Club Subdivision $7,100.60
Jimmy R. Vann, Jr.Lot 3, Block 2, Country Club Subdivision $7,100.60
Duane D. & Courtney S. Fuller Lot 2, Block 2, Country Club Subdivision $7,100.60
Floyd J. & Elgene R. Rockwell Lot 1, Block 2, Country Club Subdivision $7,100.60
Clayton L. & Jeanette M. Hansen Lot 1, Block 1, Country Club Subdivision $7,100.60
Clayton L. & Jeanette M. Hansen Lot 2, Block 1, Country Club Subdivision $7,100.60
Grand Island Council Session - 1/22/2013 Page 19 / 174
R E S O L U T I O N 2013-BE-3 (Cont.)
Aaron C. Sasges Lot 1, Block 3, Country Club Subdivision $7,100.60
Dana Traudt Lot 6, Block 2, Country Club Subdivision $7,100.60
TOTAL $255,621.60
---
Adopted by the City Council of the City of Grand Island, Nebraska, on January 22, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 20 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item D4
#2013-BE-4 - Board of Equalization Hearing for Water Main
District 461 - Hagge Avenue & William Street
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: Tim Luchsinger, Robert Sivick
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R E S O L U T I O N 2013-BE-4
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 461,
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
$291,124.60; and
Such benefits are equal and uniform; and
According to the equivalent frontage of the respective lots, tracts, and real estate
within such Water Main District No. 461, such benefits are the sums set opposite the several
descriptions as follows:
Name Description Assessment
Jimmy L. Johnson & Kathleen L. Rall Lot 81, Hagges Subdivision $7,100.60
Dennis & Jeanette Santin Lot 69, Hagges Subdivision $7,100.60
Aaron C. Kreifels W ½ Lot 77, and Lot 78 Hagges Subdivision $7,100.60
Luverne R. & Mary P. Voss Lot 76 and E ½ Lot 77, Hagges Subdivision $7,100.60
Gerrold Havel & Brett Havel Lot 88, Hagges Subdivision $7,100.60
James D. & Lisa L. Anderson Lot 84, Hagges Subdivision $7,100.60
Carlos A. & Mirna M. Duran Lot 83, Hagges Subdivision $7,100.60
Rodney L. & Marcia A. Shada W ½ Lot 74 and Lot 75 Hagges Subdivision $7,100.60
William M. & Cheryl G. Gordon Lot 73 and E ½ Lot 74, Hagges Subdivision $7,100.60
Gerald D. & Joyce L. Bryant Lot 71 and Lot 72, Hagges Subdivision $7,100.60
Marvin L. & Pamela D. Andersen Lot 70, Hagges Subdivision $7,100.60
Kathleen E. Jensen Lot 67, Hagges Subdivision $7,100.60
Janelle Brown Lot 65 and Lot 66, Hagges Subdivision $7,100.60
Donald D. Mehring Lot 64, Hagges Subdivision $7,100.60
Daniel J. & Lisa D. Ruzicka Lot 63, Hagges Subdivision $7,100.60
Constance K. Swanson Lot 62, Hagges Subdivision $7,100.60
Stephanie R. Williams Lot 61, Hagges Subdivision $7,100.60
Pamela B. Haeussler E 6’ of Lot 33, and Lot 34, Hagges Subdivision $7,100.60
Daniel T. & Kathy J. Boroff Lot 35 and Lot 36, Hagges Subdivision $7,100.60
Mauro & Ubaldino Garcia Lot 37, Hagges Subdivision $7,100.60
Gregory S. O’Rourke Lot 38, Hagges Subdivision $7,100.60
Johnny P. & Peggy J. Pape Lot 39, Hagges Subdivision $7,100.60
Kenneth P. & Robin G. Tesmer Lot 41, Hagges Subdivision $7,100.60
Larry L. & Louise A. Zimmerman Lot 46 and Lot 47, Hagges Subdivision $7,100.60
Patrick C. & Alison M. Larson Lot 48 and Lot 49, Hagges Subdivision $7,100.60
Daniel D. & Korinna J. Naranjo Lot 45, Hagges Subdivision $7,100.60
Norman P. & Elizabeth A. Harrison Lot 54 and W 19’ Lot 55, Hagges Subdivision $7,100.60
Shawn A. & Angela D. Wheeler Lot 42, Hagges Subdivision $7,100.60
Mary Ann Homan E 57’ Lot 55, and W 38’ Lot 56, Hagges Subdivision $7,100.60
Nicholas J. Benes Lot 43, Hagges Subdivision $7,100.60
Todd A. & Kelsey M. Clyne E 38’ Lot 56 and Lot 57, Hagges Subdivision $7,100.60
Loretta J. Broberg Lot 44, Hagges Subdivision $7,100.60
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R E S O L U T I O N 2013-BE-4 (Cont.)
Douglas J. & Nanette P. Redman W 70’ Lot 33, Hagges Subdivision $7,100.60
Todd M. & Lana K. McCain Lot 40 Hagges Subdivision $7,100.60
Roma J. White Lot 52 and Lot 53, Hagges Subdivision $7,100.60
Michael L. McCarty Lot 50 and Lot 51, Hagges Subdivision $7,100.60
Fox Construction, Inc.Lot 58, Hagges Subdivision $7,100.60
Jared M. & Jean M. Loudy Lot 79, Hagges Subdivision $7,100.60
Brooke Trimble Lot 82, Hagges Subdivision $7,100.60
Michael P. & Susie L. Kully Lot 85 and E ½ Lot 86, Hagges Subdivision $7,100.60
Sharon R. Graves & Stephanie A. Curry W ½ Lot 86, and Lot 87, Hagges Subdivision $7,100.60
TOTAL $291,124.60
---
Adopted by the City Council of the City of Grand Island, Nebraska, on January 22, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 25 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item E1
Public Hearing on Request from Kandra Wilson dba The Faucet,
920 N. Diers Avenue, Suite 1 for a Class “C” Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 1/22/2013 Page 26 / 174
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:January 22, 2013
Subject:Public Hearing on Request from Kandra Wilson dba The
Faucet, 920 N. Diers Avenue, Suite 1 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
Kandra Wilson dba The Faucet, 920 N. Diers Avenue, Suite 1 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 - 1/22/2013 Page 27 / 174
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 Kandra Wilson dba The Faucet, 920 N. Diers
Avenue, Suite 1 for a Class “C” Liquor License contingent upon final inspections.
Grand Island Council Session - 1/22/2013 Page 28 / 174
01/15/13 Grand Island Police Department 450
11:40 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 09:35:53 01/08/2013
Occurred before : 09:35:53 01/08/2013
When reported : 09:35:53 01/08/2013
Date disposition declared : 01/08/2013
Incident number : L13010833
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 920 Diers 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 : 18784
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
---------------------------------------------------------------------
NM 182262 01/10/13 The Faucet, Business
NM 153589 01/08/13 Wilson, Kandra A Owner/Manager
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
Kandra Wilson is Applying for a Class C Individual Liquor License for an
Establishment Called The Faucet.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
Grand Island Council Session - 1/22/2013 Page 29 / 174
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 10:30:55 01/10/2013
Grand Island Police Department
Supplemental Report
Date, Time: Thu Jan 10 10:31:06 CST 2013
Reporting Officer: Vitera
Unit- CID
Kandra Wilson applied for a Class C (beer, wine, distilled spirits on and
off sale) Individual liquor license for an establishment called "The
Faucet." Kandra is the only person listed on the application. While
reviewing the section of the application that asks for convictions, I saw
that Kandra disclosed several speeding tickets and a shoplifting incident
from 1991. I checked Kandra through Spillman and NCJIS and did not find
any undisclosed convictions. I also noticed that Kandra stated she lived
in Omaha from 1999 until 2007. She has lived in Grand Island since 2007.
Kandra's business plan for The Faucet is a bar and grill which is open
seven days a week from 11AM until 1AM. She plans on serving appetizers,
salads, sandwiches, burgers, and pizza. For entertainment, Kandra will
have several televisions, a coin operated juke box, and a couple of pool
tables. She also will "occasionally" hire bands to play live music.
Someone will also be working at the entrance on Friday and Saturday
nights to check identification. The business plan also calls for an
outdoor climate controlled beer garden that only has an entrance from the
inside.
Before meeting with Kandra, I did a few online checks on her but didn't
come up with anything of concern. I met with Kandra on 1/11/13 at the
location of The Faucet. The suite where The Faucet will be is awaiting
construction pending the issuance of a liquor license. In fact, there is
still some demolition going on.
Kandra reiterated her business plan of having a bar that serves lunch and
dinner. She said her menu will be similar to Balz but not quite as big.
Kandra also said if she finds any of the weekday nights are busy like she
anticipates a Friday or Saturday night will be, she will have someone
checking identification at the door. As far as bands go, Kandra said she
only has a couple of local bands in mind at this time. She was told that
bringing a band in might cause her to have more employees working or
Grand Island Council Session - 1/22/2013 Page 30 / 174
dedicated to security. Kandra assured me that she will run a respectable
bar and will not tolerate reoccurring problems that may hurt her
business.
All in all, the Grand Island Police Department recommends that the
council give local approval to this license. However, we would also like
to bring to the council's attention that the area where The Faucet will
be located is fairly saturated with liquor licenses. A map indicating the
number of licenses along the Highway 281 corridor should be attached. We
would also be remiss if we didn't allude to the notion that this area can
be considered an entertainment area. It is not residential. In addition,
there is a pretty good mix of licenses. There are convenience stores,
grocery stores, and restaurants mixed in with a couple of bars and a
liquor store.
Grand Island Council Session - 1/22/2013 Page 31 / 174
C
I
I
I
I
I
D I
BI D
B
C
C
I
A IC
IK
Webb Rd NDiers Ave N13th St W
Allen DrUS Highway 281 NFaidley Ave WWindridge AveRidgewood AveWeis DrCedar Ridge CtCedar Ridge StUS Highway 281 Nµ
Liquor Application920 Diers AveThe Faucet
Legend Liquor License Locations920 Diers Ave
Grand Island Council Session - 1/22/2013 Page 32 / 174
North Rd NWebb Rd NDiers Ave N13th St W
State St W
Custer Ave NCapital Ave W
US Highway 281 NOld Potash Hwy W
Faidley Ave WKennedy DrCollege St
Allen DrOld Highway 2 W
Hancock Ave5th St W
4th St W
Waldo AveNorth Front St W
Cottage St
Forrest St
Grace Ave NNorseman AveMacron StJay StJan StZola Ln
Howard Ave NSagewood AveCarleton AveCraig Dr
Alpha St NNebraska Highway 2 W
Piper StKay Ave
17th St W16th St W
Cannon Rd
Driftwood Dr
Stonewood AveEbony LnRoth Rd Meadow RdReed Rd
Westside St
Kruse AveTaylor AveO Flannagan St15th St W
14th St WAllen Ave
10th St WSt Patrick AveKaufman AveRedwood RdCurran Ave
Waugh St W
Northview Dr
Aspen CirHoward PlWindridge AveRidgewood AveGreenwood Dr Sheridan PlWeis DrSheridan AveMemphis PlMagnolia Ct Kruse AveKruse AveUS Highway 281 NFaidley Ave W
µLegend
Liquor License Locations
BOUNDARY
Grand Island Council Session - 1/22/2013 Page 33 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item E2
Public Hearing on Amending Chapter 36 of the Grand Island City
Code Relative to Accessory Building and Uses and Landscaping
Requirements
Staff Contact: Chad Nabity
Grand Island Council Session - 1/22/2013 Page 34 / 174
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: January 22, 2013
Subject: Addition to Chapter 36 (Zoning)
Item #’s: E-2 & F-5
Presenter(s): Chad Nabity
Background
Concerning proposed amendments to Chapter 36 of the Grand Island City Code (Zoning)
in the following areas: §36-27 – Accessory Building and Uses and §36-102 Landscaping
Requirements. (C-05-2013GI)
The City of Grand Island and Hall County zoning regulations allow for varying side and
rear yard setbacks for accessory structures based on the size of the lot. Traditionally
Grand Island has allowed a 2 feet setback for the rear and side yard for an accessory
building and Hall County has required a 5 feet setback. In the early 1980’s when the City
of Grand Island annexed the Capital and Le Heights areas, the City changed their regulations in a manner designed to promote consistency in those neighborhoods that
were previously subject to the 5 feet County setback. A distinction was made between
lots less than 100 feet wide and those greater than 100 feet wide. The wider lots (all of
the County lots were at least 100 feet wide) would require the 5 feet setback and the
narrower lots could maintain the 2 feet setback. The way the ordinance was written was based on the frontage of the lot (that area along the street) not on the width of the lot.
The building department interpretation has always been that it is the width of the lot that
control which set back to use. Width is the distance between the side property lines at the
midpoint between the front and rear lot line. A cul-de-sac lot may have a very narrow frontage 25 feet to 35 feet but a width of substantially more than 100 feet and a rear lot line measuring even more than that. City staff is recommend the following change to
make the regulations consistent with the interpretation and enforcement of the regulation:
§36-27. Accessory Building and Uses (A) Accessory buildings shall not be located within the required front yard setback of the lot and
or within an easement. (B) An accessory building on a corner lot shall have a setback from all public streets equal to or greater than the requirement for the existing principal building. (C) There shall be a minimum setback of six (6) feet between accessory buildings.
Grand Island Council Session - 1/22/2013 Page 35 / 174
(D) If an accessory building has a door opening of over six (6) feet in width on a side parallel to an
alley, then such accessory building shall be located not less than eight (8) feet from the lot line abutting the
alley. (E) Detached accessory buildings shall not be allowed on more than 50% of the allowable lot coverage and no single detached accessory building shall exceed 35% of the allowable lot coverage (e.g. A
52.8' x 132' [6969.6 sq. ft.] lot in an R2 zoning district [35% allowable coverage] could cover 2438.31 sq. ft. of the lot with buildings. 1219.155 of that could be devoted to detached accessory buildings with no single building exceeding 853.4085 sq. ft.)
(F) Detached accessory buildings on parcels or lots with less than five (5) buildable acres shall not exceed the height of the principal building by more than 25% (e.g. a house with a peak height of 16 feet could have an accessory building with a peak height of 20 feet.)
(G) Detached accessory buildings on parcels or lots with five (5) or more buildable acres shall be
limited by the height regulations that apply to the zoning district. (H) In Business and Manufacturing Zoning Districts:
(1) Accessory buildings shall comply with all requirements of this code for the principal building.
(I) In Agricultural and Residential Zoning Districts:
(1) Accessory buildings shall be permitted only on the same platted lot as the principal building. (2)Accessory buildings shall comply with all requirements of this code for the principal building if located within fifteen (15) feet of the principal building or when any part of the accessory building is located in the area between the required front yard setback and a line extending from the back of the principal building to the side lot line.
(3) Accessory buildings on lots with a frontage width of 100 feet or more shall have a minimum side and rear yard of five feet.
(4) Accessory buildings on lots with a frontage width of less than 100 feet shall have a minimum side and rear yard of two feet.
(J) No accessory building shall be constructed prior to beginning construction of the principal building. No accessory building shall be used unless the main building is under construction; however, in
no event shall such building be used as a dwelling unless a certificate of occupancy shall have been issued for such use.
(K) Regulation of accessory uses shall be as follows:
(1) Except as herein provided, no accessory building shall project beyond a required yard line along any street.
(2) Any accessory building built within fifteen (15) feet of the principal structure shall
meet all the requirements for the principal structure.
The diagram on the next page shows three (3) lots that have varying widths. The lot surrounded by the orange line would have a width of 95 feet so it could have the two (2)
feet side and rear yard setbacks for an accessory building. The lot surrounded by the blue
line is 100 feet wide and would be subject to the five (5) foot setbacks. The lot on the
cul-de-sac, surrounded by the green line is more than 100 feet wide at the mid-point so it would be subject to the five (5) feet setback.
Grand Island Council Session - 1/22/2013 Page 36 / 174
The Central Nebraska Airport has contacted staff about making a change to the
landscaping regulations to remove the requirement for shade and ornamental trees in the
Airport Overlay Zone. The Airport Overlay zone covers the airport and the airport
industrial park, all property owned by the airport. The Airport will be adding new
structures in the next few years and those new structures will be subject to the
Grand Island Council Session - 1/22/2013 Page 37 / 174
landscaping provisions of the zoning regulations. The airport has specific criteria that
they have to meet for the FAA regarding wildlife management. One of their key
concerns is limiting habitat for birds. Trees provide that habitat and can attract birds to
the area. Birds and planes do not mix. Staff is suggesting the following language be added to the landscaping regulations to address this issue.
§36-102. Landscaping Requirements (A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the
abatement of heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to buffer potentially incompatible uses from one another; and, to protect and
enhance the value of property and neighborhoods within the city. (B) Applicability:
(1) The provisions of this section shall apply to the following zones: Medium Density Residential Zone, High Density Residential Zone, Residential Office Zone, Light Business Zone, General Business
Zone, Arterial Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone, Heavy Manufacturing Zone, Commercial Development Zone, Residential
Development Zone and Travel Development Zone. Landscaping of lands within districts such as the Central Business District and Fourth Street Business District, as defined in this code, shall be subject to
Streetscape Improvement Projects where applicable. In the absence of such projects, the provisions of this section shall apply.
(1a) The provisions of this section shall apply to the Airport Overlay Zone with the exception that three shrubs may be substituted for each required shade or ornamental tree to conform to standards of
wildlife management required near an airport. (2) The provisions of this section shall apply to all new development, including surface parking, on
each lot or site upon application for a building permit, except as follows: (a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially change the location or building footprint of existing structures, or the location and
design of parking facilities or other site improvements. However, additions or enlargements of existing uses or structures, which increase floor area or impervious coverage, shall be subject to
the provisions of this section, which shall only apply to that portion of the lot or site where the new development or use occurs.
(c) Residential structures containing three dwelling units or less shall be exempt from the requirements of this section.
(3) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements of this section, unless suitable substitutions are made which meet the requirements of this
section, pursuant to a site plan approved by the city. (4) Any conflict between this section and another section of this chapter shall be resolved in favor of
the more restrictive provision. (C) Nonconforming Status: Any property or use of property, which as of August 1, 2004 or any
amendment hereto is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping were conforming.
(D) Definitions: The following definitions shall be used for terms contained within this section: Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two
adjacent land uses or properties from one another. Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of
1 inch at the time of planting. One canopy tree equals two understory/ornamental or evergreen trees. Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a
minimum 2 gallon container size or bare root/ball equivalent at the time of planting. Landscaped area: That area within the boundaries of a given lot consisting primarily of plant
material, including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials (this does not include plant materials typically used as a cash crop). Tall
varieties of native and ornamental grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by the city. Inorganic materials such as brick, stones, aggregate,
Grand Island Council Session - 1/22/2013 Page 38 / 174
ponds or fountains may be used within landscaped areas, provided that such materials comprise no
more than 35 percent of the required landscaped area. Flat concrete or asphalt, other than walkways
five feet or less in width, may not be used within a required landscaped area. Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street yard, expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front wall of the building, excluding minor projections or indentations such as
steps or unenclosed porches. For the purposes of defining the street yard area, the front wall shall be extended from the outermost corners of the building, parallel with the fronting street, until intersecting with the side property line [see Attachment B hereto]. Street yard depth shall not
exceed 100 feet for the purposes of calculating the minimum equivalent street landscaping area requirement. (2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building
front walls having direct, visual frontage onto the street. Any space between buildings equal to 15
percent of the length of such frontage, but in no case more than 100 feet, shall be considered an extension of the continuous building front wall for the purpose of delineating the street yard. Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature
height of 30 feet and a minimum caliper of 2 inch at the time of planting. (E) Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as set forth below, in accordance with an approved site landscaping plan.
(2) Minimum equivalent street landscaping area:
(Minimum Equivalent Street Landscaping Area
Zoning District Percent of Street Yard
(%)
Minimum Landscaping Depth
of Street Yard*** (ft.)
R3 65 20
R4 60 10
RO 30 10
B1 25 10
B2 20* 10*
AC 20 20*
B3 20 10*
ME 20 20
M1 20 20
M2 20 10
M3 20 10
TD 30 30
CD ** 30
RD ** 10 or 30
*Unless otherwise established in an approved Streetscape Improvement Project. **As determined by approved plan
*** 30 feet for lots in RO, B1, B2, AC, B3, CD, TD, ME, M1, M2 and M3 zone adjacent to state or federal highway.
(3) When a lot contains more than one street frontage, the area of all street yards and the
proposed street yard landscaped areas may be combined for the purposes of determining compliance with this section.
(4) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or an appropriate equivalent as determined by the city) for every 100 feet (any fraction
of .5 or less rounded to the next lowest number; any fraction exceeding .5 rounded to the next
Grand Island Council Session - 1/22/2013 Page 39 / 174
highest number) of property line adjacent to a public street right-of-way: 1 canopy tree; 1
understory/ornamental or evergreen tree; 3 shrubs. Existing trees or shrubs approved for
preservation shall be counted toward satisfaction of this provision. (F) Buffer Yard and Parking Landscaping Screening Standards: (1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side
or rear property line(s), when a use is established in a more intensive zoning district located adjacent to a less intensive zoning district, as set forth below:
More Intensive Zoning District Required Buffer Yard Width
(ft.)*
Less Intensive Zoning District
RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R4, RD
ME, M1, M2, M3 20 TA, LLR, R1, R2, R3, R4, RO,
RD, CD, TD, B1, B2, B2, AC, B3
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer
yard width shall be halved. (2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection
points, truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of providing a substantial opaque barrier, and attaining a minimum height of 6
feet within three years of planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to the property line than the width of the required buffer yard. (3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an
easement.
(4) A parking landscaping screening strip, having a minimum width of 6 feet, shall be installed along any parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces. If a greater number of parking spaces is required, separate parking areas shall be
provided, and shall be separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking landscaping screening strip shall also
count towards meeting any requirements associated with minimum equivalent street or buffer yard landscaping. (5) A development may continue to comply with the buffer yard landscaping requirements in
effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot or
property is rezoned to a less restrictive zoning district which requires additional buffer yard landscaping.
(G) Site Plan Requirements: (1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be submitted to the city for review and approval as part of the application for a building permit. The plan shall include, but not be limited to the following:
(a) Location of proposed landscaping drawn to scale. (b) Location, size, type and condition of proposed plant and non-plant landscaping materials
including fences, walks, ponds, fountains, benches, lighting and irrigation systems. (c) Estimated date of completion of the installation of all plantings and finishing materials.
(H) Installation and Maintenance Requirements: (1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and
healthful condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas, weeding, removal of litter, fertilizing, replacement of plants consistent with
this section when necessary, and the regular watering of all plantings. (2) The installation of landscaping shall be completed prior to the issuance of any occupancy
permit for buildings on the property, or commencement of the intended use of the property. (3) If, at the time of commencement of the intended use of the property or application for a
certificate of occupancy, any required landscaping has not been installed or completed due to seasonal or climatic conditions or plant material being unavailable, the developer or owner of the
property shall submit the following to the Building Department:
Grand Island Council Session - 1/22/2013 Page 40 / 174
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address,
and a commitment to complete the installation of the landscaping by a date certain, not to exceed six months from the building completion date. (b) A drawing showing the plan and layout of the landscaping areas.
(c) A cost estimate for the installation of the landscaping area. (d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved by the City Attorney guaranteeing faithful performance of the owner or
developer's commitment to complete installation of the required landscaping and payable to the City of Grand Island in the event that the developer fails to carry out the commitments described in sub-paragraph (a) above.
(4) Upon approval of the foregoing request for extension of time to complete the landscaping
installation, the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter authorizing commencement of use of the property by the Building Department.
The owner or developer shall complete the installation of the landscaping in accordance with the commitments made pursuant to sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating to landscaping are deemed to be of no force or
effect at that time, and the City shall release the surety or other security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its
officers, employees, agents or representatives permission to enter upon the property to install the required landscaping in accordance with the plan submitted pursuant to sub-paragraph (c) above using the surety or
security filed by the owner or developer as payment for said installation. The Building Department shall send the owner or developer written notice of default and intention to enter onto the property to install required landscaping by certified mail, return receipt requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5) business days prior to making such entry.
Grand Island Council Session - 1/22/2013 Page 41 / 174
Discussion
These changes regarding accessory buildings are designed to create consistency between
the language of the code and the way the code has been interpreted and enforced. The
changes to the landscaping regulations are designed to encourage consistency between the multiple regulatory schemes with which the Airport must comply.
O’Neill opened the Public Hearing.
The Planning Commission held a public hearing on the proposed changes at their meeting on January 2, 2013. No members of the public spoke in favor or against
the proposed changes.
Grand Island Council Session - 1/22/2013 Page 42 / 174
O’Neill closed the Public Hearing.
A motion was made by Ruge to approve the text amendment to 36-27 Accessory Buildings and Uses and 36-102 Landscaping Requirements as presented and was
seconded by McCarty.
The motion carried with 10 members present and 10 voting in favor (Reynolds,
Haskins, Ruge, McCarty, Snodgrass, O’Neill, Connelly, Amick, Hayes and Eriksen) and no member present 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
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the proposed changes to Chapter 36 as recommended and shown in Ordinance Number 9419.
Grand Island Council Session - 1/22/2013 Page 43 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item F1
#9415 - Consideration of Assessments for Water Main District 457
- Pioneer Blvd.
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 44 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
*This Space Reserved for Register of Deeds*
ORDINANCE NO. 9415
An ordinance to assess and levy a special tax to pay the cost of construction of
Water Main District 457 of the City of Grand Island, Nebraska; to provide for the collection of
such special tax; 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. There is hereby assessed upon the following described lots, tracts,
and parcels of land specifically benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District 457, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and lands as follows:
Grand Island Council Session - 1/22/2013 Page 45 / 174
ORDINANCE NO. 9415 (Cont.)
Name Description Assessment
City of Grand Island Lot 6, Block A, Park-View Subdivision $7,100.60
Frederick W. Rauch, Jr.Lot 1, Block E, Park-View Subdivision $7,100.60
Gary R. & Ellen M. Mader Lot 1, Bonney Subdivision $7,100.60
Gary R. & Ellen M. Mader Lot 3, Bonney Subdivision $7,100.60
Tiffany B. Pendergraft
c/o Shore Mortgage
Lot 5, Block D, Park-View Subdivision $7,100.60
Sharon A. Smaha Lot 1, Block D, Park-View Subdivision $7,100.60
Dean L. & Shirley D. Carstens Lot 3, Block D, Park-View Subdivision $7,100.60
Marvin D. & Judith M. Lambertus Part of the SW ¼, NW ¼, Section 28, T11N, R9W of
the 6th PM commencing at the SE corner of Lot 17,
Block A, Park-View Subdivision; thence running
southerly on said east line of said W ½, NW ¼, said
Section 28, a distance of 1,457 feet, thence westerly
and parallel to the south line of said Lot 17, a distance
of 377 feet to the east right-of-way line of Pioneer
Blvd.; thence northerly on the east right-of-way of
Pioneer Blvd., a distance of 1,457 feet; thence
easterly and parallel to the south line of said Lot 17, a
distance of 377 feet to the point of beginning.
(Part of the SW ¼, NW ¼ of Section 28-11-9)
$7,100.60
Joel B. & Melanie L. Garrett Lot 17, Block A, Park-View Subdivision $7,100.60
Steven D. & Lynda G. Gratopp Lot 2, Block D, Park-View Subdivision
Part of Lot 4, Block D, Park-View Subdivision
(S. 8.5’ Lot 4, Block D, Park-View Subdivision)
$7,100.60
Kevin B. Boltz Lot 16, Block A, Park-View Subdivision $7,100.60
Ronald R. Ruhe & Marilyn Haith Lot 15, Block A, Park-View Subdivision $7,100.60
Lawrence D. & Kristine A. Coates Part Lot 4, Block D, Park-View Subdivision
(N. 180.4’ Lot 4, Block D, Park-View Subdivision)
$7,100.60
Roger Krolikowski Lot 6, Block D, Park-View Subdivision $7,100.60
Neil D. & Jacqueline J. Stoecker Lot 14, Block A, Park-View Subdivision $7,100.60
Myron R. & Margaret E. Berggren Lot 13, Block A, Park-View Subdivision $7,100.60
Herbert W. & Lanita K. Roeser Lot 1, Park-View 5th Subdivision $7,100.60
Robert G. & Judy A. Eversoll Lot 12, Block A, Park-View Subdivision $7,100.60
Diane E. Bodenbender Lot 11, Block A, Park-View Subdivision`$7,100.60
Branden D. & Gretchen L. Wagner Lot 19, Block B, Park-View Subdivision $7,100.60
Daniel R. & Sara A. Cox Lot 10, Block A, Park-View Subdivision $7,100.60
John & Jennifer Gannon Lot 9, Block A, Park-View Subdivision $7,100.60
John W. & Wanda M. Sargent Lot 17, Block B, Park-View Subdivision $7,100.60
Daniel J. & Sandra J. Hostler Lot 15, Block B, Park-View Subdivision $7,100.60
Rhoads Enterprises, Inc.Lot 8, Block A, Park-View Subdivision $7,100.60
Laura J. Johnson Lot 13, Block B, Park-View Subdivision $7,100.60
Jeffrey H. & Denelda C. Spease Lot 7, Block A, Park-View Subdivision $7,100.60
Brandon K. Warner Lob 11, Block B, Park-View Subdivision $7,100.60
David J. & Jamie J. Parr Lot 9, Block B, Park-View Subdivision $7,100.60
John T. & Kathryn A. Kluska Lot 5, Block A, Park-View Subdivision $7,100.60
Darrel R. Olson Lot 7, Block B, Park-View Subdivision $7,100.60
James F. Crisel Lot 4, Block A, Park-View Subdivision $7,100.60
Myrl L. Wieland Lot 3, Block A, Park-View Subdivision $7,100.60
Jayne A. Decker Lot 5, Block B, Park-View Subdivision $7,100.60
TOTAL $241,420.40
Grand Island Council Session - 1/22/2013 Page 46 / 174
ORDINANCE NO. 9415 (Cont.)
SECTION 2.The special tax shall become delinquent as follows: one-fifth of
the total amount shall become delinquent in fifty (50) days; one-fifth in one year; one-fifth in two
years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy.
SECTION 3. The entire amount so assessed and levied against any lot, tract or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
lien of special tax thereby satisfied and released. Each of said installments, except the first, shall
draw interest at the rate of seven percent (7%) per annum from the time of such levy until they
shall become delinquent. After the same become delinquent, interest at the rate of fourteen
percent (14%) per annum shall be paid thereof, until the same is collected and paid.
SECTION 4. The 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 5. Such special assessments shall be paid into a fund to be designated
as the “Water Fund 457”.
SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 7. 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.
Grand Island Council Session - 1/22/2013 Page 47 / 174
ORDINANCE NO. 9415 (Cont.)
Enacted: January 22, 2013.
______________________________________
Jay Vavricek, Mayor
Attest:
____________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 48 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item F2
#9416 - Consideration of Assessments for Water Main District 459
- Park Drive
This item relates to the aforementioned Board of Equalization item D-2.
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 49 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
*This Space Reserved for Register of Deeds*
ORDINANCE NO. 9416
An ordinance to assess and levy a special tax to pay the cost of construction of
Water Main District 459 of the City of Grand Island, Nebraska; to provide for the collection of
such special tax; 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. There is hereby assessed upon the following described lots, tracts,
and parcels of land specifically benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District 459, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and lands as follows:
Grand Island Council Session - 1/22/2013 Page 50 / 174
ORDINANCE NO. 9416 (Cont.)
Name Description Assessment
Robert L. & Roxanne L. Lathen Lot 29, Block C, Park-View Subdivision $7,100.60
Donald P. & Patricia D. Whelan Lot 27, Block C, Park-View Subdivision $7,100.60
Douglas A. & Cheryl A. Ward Lot 25, Block C, Park-View Subdivision $7,100.60
Steven R. & Mary M. Mettenbrink Lot 23, Block C, Park-View Subdivision $7,100.60
Brian J. & Lisa C. Degen Lots 19 and 21, Block C Park-View Subdivision $7,100.60
Jeanne E. Williams Lot 17, Block C, Park-View Subdivision $7,100.60
K & B Aircraft Leasing Services, Inc.Lot 15, Block C, Park-View Subdivision $7,100.60
Donald A. & Cheri A. Schwieger Lot 13, Block C, Park-View Subdivision $7,100.60
Leslie Dean & Teresita V. Westover Lot 11, Block C, Park-View Subdivision $7,100.60
Greg S. & Angela M. Lehechka Lot 9, Block C, Park-View Subdivision $7,100.60
Chad L. & Leslie M. Smith Lot 7, Block C, Park-View Subdivision $7,100.60
George H. & Kathryn L. Ferris Lot 5, Block C, Park-View Subdivision $7,100.60
Earl K. & Lazetta J. Barnes Lot 3, Block C, Park-View Subdivision $7,100.60
Timothy R. & Beverly Jo Plummer Lot 1, Block C, Park-View Subdivision $7,100.60
Luther S. & Stephanie M. Allen Lot 1, Park View 3rd Subdivision $7,100.60
Virgil D. & Lois M. Melsen Lot 20, Block B, Park-View Subdivision $7,100.60
Evalyn M. Sorahan Lot 18, Block B, Park-View Subdivision $7,100.60
Shirley M. Sterkel Lot 16, Block B, Park-View Subdivision $7,100.60
Charles H. & Christine M. Hoffman Lot 14, Block B, Park-View Subdivision $7,100.60
Steven R. & Tracy M. Eisenmann Lot 12, Block B, Park-View Subdivision $7,100.60
Roger Charles Brown Lot 10, Block B, Park-View Subdivision $7,100.60
Krisha C. Bosselman Lot 8, Block B, Park-View Subdivision $7,100.60
Henry N. & Carol A. Yencer Lot 6, Block B, Park-View Subdivision $7,100.60
TOTAL $163,313.80
SECTION 2.The special tax shall become delinquent as follows: one-fifth of
the total amount shall become delinquent in fifty (50) days; one-fifth in one year; one-fifth in two
years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy.
SECTION 3. The entire amount so assessed and levied against any lot, tract or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
lien of special tax thereby satisfied and released. Each of said installments, except the first, shall
draw interest at the rate of seven percent (7%) per annum from the time of such levy until they
shall become delinquent. After the same become delinquent, interest at the rate of fourteen
percent (14%) per annum shall be paid thereof, until the same is collected and paid.
Grand Island Council Session - 1/22/2013 Page 51 / 174
ORDINANCE NO. 9416 (Cont.)
SECTION 4. The 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 5. Such special assessments shall be paid into a fund to be designated
as the “Water Fund 459”.
SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 7. 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: January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 52 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item F3
#9417 - Consideration of Assessments for Water Main District 460
- Grand Avenue, Riverview Drive & August Street
This item relates to the aforementioned Board of Equalization item D-3.
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 53 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
*This Space Reserved for Register of Deeds*
ORDINANCE NO. 9417
An ordinance to assess and levy a special tax to pay the cost of construction of
Water Main District 460 of the City of Grand Island, Nebraska; to provide for the collection of
such special tax; 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. There is hereby assessed upon the following described lots, tracts,
and parcels of land specifically benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District 460, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and lands as follows:
Grand Island Council Session - 1/22/2013 Page 54 / 174
ORDINANCE NO. 9417 (Cont.)
Name Description Assessment
Franklin L. Angel & Roxanne E. Smith Lot 7, Block 5, Country Club Subdivision $7,100.60
Mary A. Huebner Lot 7, Block 4, Country Club Subdivision $7,100.60
Shane A. & Lisa A. Arends Lot 5, Block 5, Country Club Subdivision $7,100.60
Thomas J. & Dianna L. Dunning Lot 6, Block 4, Country Club Subdivision $7,100.60
David L. Thuernagle Lot 3, Block 5, Country Club Subdivision $7,100.60
Larry C. & Debra K. Wilkerson Lot 5, Block 4, Country Club Subdivision $7,100.60
Robert W. Strong & Kendra K. Hays Lot 10, Block 6, Country Club Subdivision $7,100.60
Richard P. & Phyllis O. Newhouse Lot 4, Block 4, Country Club Subdivision $7,100.60
Michelle J. Hysell Lot 7, Block 3, Country Club Subdivision $7,100.60
Darrell E. & Kelly S. Johnson Lot 9, Block 6 Country Club Subdivision $7,100.60
William & June Urbanek Lot 3, Block 4, Country Club Subdivision $7,100.60
Blake M. Corman Lot 8, Block 6, Country Club Subdivision $7,100.60
Michael J. & Deborah L. Delvaux Lot 2, Block 4, Country Club Subdivision $7,100.60
Gloria J. Thesenvitz Lot 5, Block 3, Country Club Subdivision $7,100.60
Gloria J. Thesenvitz Lot 6, Block 3, Country Club Subdivision $7,100.60
Steven R. Spearman Lot 1, Block 6, Country Club Subdivision $7,100.60
David L. & June M. Prokesh Lot 1, Block 4, Country Club Subdivision $7,100.60
Judy C. Pospisil Lot 7, Block 6, Country Club Subdivision $7,100.60
Gordon E. & Doris M. Cox Lot 6, Block 6, Country Club Subdivision $7,100.60
Betty L. Buddecke Lot 5, Block 6, Country Club Subdivision $7,100.60
Paul E. & Connie L. Luther Lot 8, Block 4, Country Club Subdivision $7,100.60
James M. & Edna J. Shelton Lot 3, Block 6, Country Club Subdivision $7,100.60
James M. & Edna J. Shelton Lot 4, Block 6, Country Club Subdivision $7,100.60
Dorothy K. Moore Lot 2, Block 6, Country Club Subdivision $7,100.60
Edwin L. & Becky L. Whipple Lot 4, Block 3, Country Club Subdivision $7,100.60
Shawn & Tanya Clark Lot 3, Block 3, Country Club Subdivision $7,100.60
LaVerne J. Webb Lot 2, Block 3, Country Club Subdivision $7,100.60
Kimberly K. Fritz Lot 5, Block 2, Country Club Subdivision $7,100.60
Kenneth E. & Marnell L. Van Hoosen Lot 4, Block 2, Country Club Subdivision $7,100.60
Jimmy R. Vann, Jr.Lot 3, Block 2, Country Club Subdivision $7,100.60
Duane D. & Courtney S. Fuller Lot 2, Block 2, Country Club Subdivision $7,100.60
Floyd J. & Elgene R. Rockwell Lot 1, Block 2, Country Club Subdivision $7,100.60
Clayton L. & Jeanette M. Hansen Lot 1, Block 1, Country Club Subdivision $7,100.60
Clayton L. & Jeanette M. Hansen Lot 2, Block 1, Country Club Subdivision $7,100.60
Aaron C. Sasges Lot 1, Block 3, Country Club Subdivision $7,100.60
Dana Traudt Lot 6, Block 2, Country Club Subdivision $7,100.60
TOTAL $255,621.60
SECTION 2.The special tax shall become delinquent as follows: one-fifth of
the total amount shall become delinquent in fifty (50) days; one-fifth in one year; one-fifth in two
years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy.
SECTION 3. The entire amount so assessed and levied against any lot, tract or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
Grand Island Council Session - 1/22/2013 Page 55 / 174
ORDINANCE NO. 9417 (Cont.)
lien of special tax thereby satisfied and released. Each of said installments, except the first, shall
draw interest at the rate of seven percent (7%) per annum from the time of such levy until they
shall become delinquent. After the same become delinquent, interest at the rate of fourteen
percent (14%) per annum shall be paid thereof, until the same is collected and paid.
SECTION 4. The 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 5. Such special assessments shall be paid into a fund to be designated
as the “Water Fund 460”.
SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 7. 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: January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 56 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item F4
#9418 - Consideration of Assessments for Water Main District 461
- Hagge Avenue & William Street
This item relates to the aforementioned Board of Equalization item D-4.
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 57 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
*This Space Reserved for Register of Deeds*
ORDINANCE NO. 9418
An ordinance to assess and levy a special tax to pay the cost of construction of
Water Main District 461 of the City of Grand Island, Nebraska; to provide for the collection of
such special tax; 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. There is hereby assessed upon the following described lots, tracts,
and parcels of land specifically benefited, for the purpose of paying the cost of construction of
said water main in said Water Main District 461, as adjudged by the Mayor and Council of said
City, to the extent of benefits thereto by reason of such improvement, after due notice having
been given thereof as provided by law; and a special tax for such cost of construction is hereby
levied at one time upon such lots, tracts and lands as follows:
Grand Island Council Session - 1/22/2013 Page 58 / 174
ORDINANCE NO. 9418 (Cont.)
Name Description Assessment
Jimmy L. Johnson & Kathleen L. Rall Lot 81, Hagges Subdivision $7,100.60
Dennis & Jeanette Santin Lot 69, Hagges Subdivision $7,100.60
Aaron Kreifels W ½ Lot 77, and Lot 78 Hagges Subdivision $7,100.60
Luverne R. & Mary P. Voss Lot 76 and E ½ Lot 77, Hagges Subdivision $7,100.60
Gerrold Havel & Brett Havel Lot 88, Hagges Subdivision $7,100.60
James D. & Lisa L. Anderson Lot 84, Hagges Subdivision $7,100.60
Carlos A. & Mirna M. Duran Lot 83, Hagges Subdivision $7,100.60
Rodney L. & Marcia A. Shada W ½ Lot 74 and Lot 75 Hagges Subdivision $7,100.60
William M. & Cheryl G. Gordon Lot 73 and E ½ Lot 74, Hagges Subdivision $7,100.60
Gerald D. & Joyce L. Bryant Lot 71 and Lot 72, Hagges Subdivision $7,100.60
Marvin L. & Pamela D. Andersen Lot 70, Hagges Subdivision $7,100.60
Kathleen E. Jensen Lot 67, Hagges Subdivision $7,100.60
Janelle Brown Lot 65 and Lot 66, Hagges Subdivision $7,100.60
Donald D. Mehring Lot 64, Hagges Subdivision $7,100.60
Daniel J. & Lisa D. Ruzicka Lot 63, Hagges Subdivision $7,100.60
Constance K. Swanson Lot 62, Hagges Subdivision $7,100.60
Stephanie R. Williams Lot 61, Hagges Subdivision $7,100.60
Pamela B. Haeussler E 6’ of Lot 33, and Lot 34, Hagges Subdivision $7,100.60
Daniel T. & Kathy J. Boroff Lot 35 and Lot 36, Hagges Subdivision $7,100.60
Mauro & Ubaldino Garcia Lot 37, Hagges Subdivision $7,100.60
Gregory S. O’Rourke Lot 38, Hagges Subdivision $7,100.60
Johnny P. & Peggy J. Pape Lot 39, Hagges Subdivision $7,100.60
Kenneth P. & Robin G. Tesmer Lot 41, Hagges Subdivision $7,100.60
Larry L. & Louise A. Zimmerman Lot 46 and Lot 47, Hagges Subdivision $7,100.60
Patrick C. & Alison M. Larson Lot 48 and Lot 49, Hagges Subdivision $7,100.60
Daniel D. & Korinna J. Naranjo Lot 45, Hagges Subdivision $7,100.60
Norman P. & Elizabeth A. Harrison Lot 54 and W 19’ Lot 55, Hagges Subdivision $7,100.60
Shawn A. & Angela D. Wheeler Lot 42, Hagges Subdivision $7,100.60
Mary Ann Homan E 57’ Lot 55, and W 38’ Lot 56, Hagges Subdivision $7,100.60
Nicholas J. Benes Lot 43, Hagges Subdivision $7,100.60
Todd A. & Kelsey M. Clyne E 38’ Lot 56 and Lot 57, Hagges Subdivision $7,100.60
Loretta J. Broberg Lot 44, Hagges Subdivision $7,100.60
Douglas J. & Nanette P. Redman W 70’ Lot 33, Hagges Subdivision $7,100.60
Todd M. & Lana K. McCain Lot 40 Hagges Subdivision $7,100.60
Roma J. White Lot 52 and Lot 53, Hagges Subdivision $7,100.60
Michael L. McCarty Lot 50 and Lot 51, Hagges Subdivision $7,100.60
Fox Construction, Inc.Lot 58, Hagges Subdivision $7,100.60
Jared M. & Jean M. Loudy Lot 79, Hagges Subdivision $7,100.60
Brooke Trimble Lot 82, Hagges Subdivision $7,100.60
Michael P. & Susie L. Kully Lot 85 and E ½ Lot 86, Hagges Subdivision $7,100.60
Sharon R. Graves & Stephanie A. Curry W ½ Lot 86, and Lot 87, Hagges Subdivision $7,100.60
TOTAL $291,124.60
SECTION 2.The special tax shall become delinquent as follows: one-fifth of
the total amount shall become delinquent in fifty (50) days; one-fifth in one year; one-fifth in two
years; one-fifth in three years; and one-fifth in four years, respectively after the date of such levy.
Grand Island Council Session - 1/22/2013 Page 59 / 174
ORDINANCE NO. 9418 (Cont.)
SECTION 3. The entire amount so assessed and levied against any lot, tract or
parcel of land may be paid within fifty days from the date of this levy without interest, and the
lien of special tax thereby satisfied and released. Each of said installments, except the first, shall
draw interest at the rate of seven percent (7%) per annum from the time of such levy until they
shall become delinquent. After the same become delinquent, interest at the rate of fourteen
percent (14%) per annum shall be paid thereof, until the same is collected and paid.
SECTION 4. The 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 5. Such special assessments shall be paid into a fund to be designated
as the “Water Fund 461”.
SECTION 6. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 7. 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: January 22, 2013.
______________________________________
Jay Vavricek, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 60 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item F5
#9419 - Consideration of Amending Chapter 36 of the Grand
Island City Code Relative to Accessory Building and Uses and
Landscaping Requirements
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 1/22/2013 Page 61 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
ORDINANCE NO. 9419
An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to
amend Section 36-27 pertaining to Accessory Buildings and Uses and Section 36-102
Landscaping Requirements; to repeal Sections 36-27 and 36-102 as now existing, and 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. Section 36-27 and Section 36-102 of the Grand Island City Code
are hereby amended to read as follows:
§36-27. Accessory Building and Uses
(A) Accessory buildings shall not be located within the required front yard setback of the lot and or within
an easement.
(B) An accessory building on a corner lot shall have a setback from all public streets equal to or greater
than the requirement for the existing principal building.
(C) There shall be a minimum setback of six (6) feet between accessory buildings.
(D) If an accessory building has a door opening of over six (6) feet in width on a side parallel to an alley,
then such accessory building shall be located not less than eight (8) feet from the lot line abutting the alley.
(E) Detached accessory buildings shall not be allowed on more than 50% of the allowable lot coverage and
no single detached accessory building shall exceed 35% of the allowable lot coverage (e.g. A 52.8' x 132' [6969.6
sq. ft.] lot in an R2 zoning district [35% allowable coverage] could cover 2438.31 sq. ft. of the lot with buildings.
1219.155 of that could be devoted to detached accessory buildings with no single building exceeding 853.4085 sq.
ft.)
(F) Detached accessory buildings on parcels or lots with less than five (5) buildable acres shall not exceed
the height of the principal building by more than 25% (e.g. a house with a peak height of 16 feet could have an
accessory building with a peak height of 20 feet.)
(G) Detached accessory buildings on parcels or lots with five (5) or more buildable acres shall be limited
by the height regulations that apply to the zoning district.
(H) In Business and Manufacturing Zoning Districts:
(1) Accessory buildings shall comply with all requirements of this code for the principal building.
(I) In Agricultural and Residential Zoning Districts:
(1) Accessory buildings shall be permitted only on the same platted lot as the principal building.
(2)Accessory buildings shall comply with all requirements of this code for the principal building if
located within fifteen (15) feet of the principal building or when any part of the accessory building
is located in the area between the required front yard setback and a line extending from the back of
the principal building to the side lot line.
(3) Accessory buildings on lots with a frontage of 100 feet or more shall have a minimum side and
rear yard of five feet.
(4) Accessory buildings on lots with a frontage of less than 100 feet shall have a minimum side
and rear yard of two feet.
Grand Island Council Session - 1/22/2013 Page 62 / 174
ORDINANCE NO. 9419 (Cont.)
- 2 -
(J) No accessory building shall be constructed prior to beginning construction of the principal building. No
accessory building shall be used unless the main building is under construction; however, in no event shall such
building be used as a dwelling unless a certificate of occupancy shall have been issued for such use.
(K) Regulation of accessory uses shall be as follows:
(1) Except as herein provided, no accessory building shall project beyond a required yard line
along any street.
(2) Any accessory building built within fifteen (15) feet of the principal structure shall meet all the
requirements for the principal structure.
§36-102. Landscaping Requirements
(A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the
community; to improve the environmental performance of new development by contributing to the abatement of
heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to
buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and
neighborhoods within the city.
(B) Applicability:
(1) The provisions of this section shall apply to the following zones: Medium Density Residential Zone, High
Density Residential Zone, Residential Office Zone, Light Business Zone, General Business Zone, Arterial
Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone, Heavy
Manufacturing Zone, Commercial Development Zone, Residential Development Zone and Travel Development
Zone. Landscaping of lands within districts such as the Central Business District and Fourth Street Business
District, as defined in this code, shall be subject to Streetscape Improvement Projects where applicable. In the
absence of such projects, the provisions of this section shall apply.
(2) The provisions of this section shall apply to the Airport Overlay Zone with the exception that three shrubs
may be substituted for each required shade or ornamental tree to conform to standards of wildlife management
required near an airport.
(3) The provisions of this section shall apply to all new development, including surface parking, on each lot or
site upon application for a building permit, except as follows:
(a) Reconstruction or replacement of a lawfully existing use or structure.
(b) Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially
change the location or building footprint of existing structures, or the location and design of parking
facilities or other site improvements. However, additions or enlargements of existing uses or structures,
which increase floor area or impervious coverage, shall be subject to the provisions of this section, which
shall only apply to that portion of the lot or site where the new development or use occurs.
(c) Residential structures containing three dwelling units or less shall be exempt from the requirements of
this section.
(4) Landscaping which exists on any property shall not be altered or reduced below the minimum requirements
of this section, unless suitable substitutions are made which meet the requirements of this section, pursuant to a
site plan approved by the city.
(5) Any conflict between this section and another section of this chapter shall be resolved in favor of the more
restrictive provision.
(C) Nonconforming Status: Any property or use of property, which as of August 1, 2004 or any amendment hereto
is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner
as if the landscaping were conforming.
(D) Definitions: The following definitions shall be used for terms contained within this section:
Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land
uses or properties from one another.
Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at
the time of planting. One canopy tree equals two understory/ornamental or evergreen trees.
Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2
gallon container size or bare root/ball equivalent at the time of planting.
Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material,
including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials
(this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental
Grand Island Council Session - 1/22/2013 Page 63 / 174
ORDINANCE NO. 9419 (Cont.)
- 3 -
grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by
the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within
landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped
area. Flat concrete or asphalt, other than walkways five feet or less in width, may not be used within a required
landscaped area.
Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street
yard, expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a
maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any
building or buildings on the parcel. The street yard shall follow all irregularities or indentations in the front
wall of the building, excluding minor projections or indentations such as steps or unenclosed porches. For
the purposes of defining the street yard area, the front wall shall be extended from the outermost corners of
the building, parallel with the fronting street, until intersecting with the side property line [see Attachment
B hereto]. Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum
equivalent street landscaping area requirement.
(2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front
walls having direct, visual frontage onto the street. Any space between buildings equal to 15 percent of the
length of such frontage, but in no case more than 100 feet, shall be considered an extension of the
continuous building front wall for the purpose of delineating the street yard.
Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height
of 30 feet and a minimum caliper of inch at the time of planting.
(E) Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards, as
set forth below, in accordance with an approved site landscaping plan.
(2) Minimum equivalent street landscaping area:
(Minimum Equivalent Street Landscaping Area
Zoning District Percent of Street Yard
(%)
Minimum Landscaping Depth
of Street Yard*** (ft.)
R3 65 20
R4 60 10
RO 30 10
B1 25 10
B2 20*10*
AC 20 20*
B3 20 10*
ME 20 20
M1 20 20
M2 20 10
M3 20 10
TD 30 30
CD **30
RD **10 or 30
*Unless otherwise established in an approved Streetscape Improvement Project.
**As determined by approved plan
*** 30 feet for lots in RO, B1, B2, AC, B3, CD, TD, ME, M1, M2 and M3 zone adjacent to state or federal
highway.
(3) When a lot contains more than one street frontage, the area of all street yards and the proposed street
yard landscaped areas may be combined for the purposes of determining compliance with this section.
(4) Any required street yard landscaping shall include the following minimum shrub and tree plantings (or
an appropriate equivalent as determined by the city) for every 100 feet (any fraction of .5 or less rounded to
the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line
Grand Island Council Session - 1/22/2013 Page 64 / 174
ORDINANCE NO. 9419 (Cont.)
- 4 -
adjacent to a public street right-of-way: 1 canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs.
Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision.
(F) Buffer Yard and Parking Landscaping Screening Standards:
(1) Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear
property line(s), when a use is established in a more intensive zoning district located adjacent to a less
intensive zoning district, as set forth below:
More Intensive Zoning District Required Buffer Yard Width
(ft.)*
Less Intensive Zoning District
RO, B1, B2, AC, B3, CD, TD 10 TA, LLR, R1, R2, R3, R4, RD
ME, M1, M2, M3 20 TA, LLR, R1, R2, R3, R4, RO,
RD, CD, TD, B1, B2, B2, AC, B3
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer
yard width shall be halved.
(2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points,
truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard
landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of
providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of
planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to
the property line than the width of the required buffer yard.
(3) Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement.
(4) A parking landscaping screening strip, having a minimum width of 6 feet, shall be installed along any
parking area adjacent to a public street right-of-way. No parking area shall contain more than 100 spaces. If
a greater number of parking spaces is required, separate parking areas shall be provided, and shall be
separated from other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These
strips shall include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance.
A parking landscaping screening strip shall also count towards meeting any requirements associated with
minimum equivalent street or buffer yard landscaping.
(5) A development may continue to comply with the buffer yard landscaping requirements in effect at the
time of issuance of its initial building permit, regardless of whether an adjacent lot or property is rezoned to
a less restrictive zoning district which requires additional buffer yard landscaping.
(G) Site Plan Requirements:
(1) A site plan showing the required street yard, buffer yard and/or parking screening landscaping shall be
submitted to the city for review and approval as part of the application for a building permit. The plan shall
include, but not be limited to the following:
(a)Location of proposed landscaping drawn to scale.
(b)Location, size, type and condition of proposed plant and non-plant landscaping materials including
fences, walks, ponds, fountains, benches, lighting and irrigation systems.
(c)Estimated date of completion of the installation of all plantings and finishing materials.
(H) Installation and Maintenance Requirements:
(1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful
condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas,
weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary,
and the regular watering of all plantings.
(2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for
buildings on the property, or commencement of the intended use of the property.
(3) If, at the time of commencement of the intended use of the property or application for a certificate of
occupancy, any required landscaping has not been installed or completed due to seasonal or climatic
conditions or plant material being unavailable, the developer or owner of the property shall submit the
following to the Building Department:
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address, and a
commitment to complete the installation of the landscaping by a date certain, not to exceed six
months from the building completion date.
(b) A drawing showing the plan and layout of the landscaping areas.
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ORDINANCE NO. 9419 (Cont.)
- 5 -
(c) A cost estimate for the installation of the landscaping area.
(d) A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved
by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to
complete installation of the required landscaping and payable to the City of Grand Island in the event
that the developer fails to carry out the commitments described in sub-paragraph (a) above.
(4) Upon approval of the foregoing request for extension of time to complete the landscaping installation,
the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter
authorizing commencement of use of the property by the Building Department. The owner or developer
shall complete the installation of the landscaping in accordance with the commitments made pursuant to
sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of
occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating
to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or
other security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to
sub-paragraph (a) above, the owner or developer shall be deemed to have granted the City or its officers, employees,
agents or representatives permission to enter upon the property to install the required landscaping in accordance with
the plan submitted pursuant to sub-paragraph (c) above using the surety or security filed by the owner or developer
as payment for said installation. The Building Department shall send the owner or developer written notice of
default and intention to enter onto the property to install required landscaping by certified mail, return receipt
requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5)
business days prior to making such entry.
SECTION 2. Sections 36-27 and 36-102 as existing prior to this amendment, and
any ordinances or parts of ordinances in conflict herewith are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect February 15,
2013.
Enacted: January 22, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 66 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G1
Approving Minutes of January 8, 2013 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 1/22/2013 Page 67 / 174
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 8, 2013
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 January 8, 2013. Notice of the meeting was given in The Grand Island Independent on
January 2, 2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch
Nickerson, John Gericke, Scott Dugan, and Mike Paulick. Councilmembers Peg Gilbert and
Vaughn Minton were absent. 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 Mike Reiners, Peace Lutheran Church, 1710 N. North Road
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Jordyn Barnett.
PRESENTATIONS AND PROCLAMATIONS:
Presentation of a Killed In Action Flag to the City of Grand Island. Mike Jensen and Bob Walker
on behalf of the KIA Organization presented to the City of Grand Island a KIA flag for the
support the City has shown to all veterans and their families.
Presentation of North Interceptor Repair. Interim Public Works Director Terry Brown reported
that a sanitary sewer in the north interceptor had failed. Presented was a PowerPoint explaining
the history of the north interceptor and the repairs that would be required to fix it.
PUBLIC HEARINGS:
Public Hearing on Request from Turkey Maes LLC dba Peacock Lounge, 2430 North Broadwell
Avenue for a Beer Garden Addition to Class “C-100448” Liquor License. City Clerk RaNae
Edwards reported that an application for a 10’ x 35’ addition for a Beer Garden to Class “C-
100448” Liquor License had been received from Turkey Maes LLC dba Peacock Lounge, 2430
North Broadwell Avenue. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on December
4, 2012; notice to the general public of date, time, and place of hearing published on December
29, 2012; notice to the applicant of date, time, and place of hearing mailed on December 4, 2012;
along with Chapter 4 of the City Code. Staff recommended approval contingent upon final
inspections. No public testimony was heard.
Public Hearing on Acquisition of Permanent Easement located in the US 30 Drainage
Improvement Area (O’Connor Residential, LLC). Interim Public Works Director Terry Brown
reported that acquisition of a permanent easement located adjacent to 1811 West 2nd Street in the
US 30 drainage improvement area was needed to allow for installation of storm sewer in the
Grand Island Council Session - 1/22/2013 Page 68 / 174
Page 2, City Council Regular Meeting, January 8, 2013
southwest corner of the O’Connor property. Staff recommended approval. No public testimony
was heard.
CONSENT AGENDA: Agenda item G-5 was removed from the agenda for further discussion.
Motion by Dugan, second by Gericke to approve the Consent Agenda excluding item G-5. Upon
roll call vote, all voted aye. Motion adopted.
Approving Minutes of December 18, 2012 City Council Regular Meeting.
Approving Councilmember Appointments to Boards and Commissions.
#2013-1 – Approving the Purchase of Seven (7) 500 kVA Padmount Transformers from
WESCO of Sioux City, IA in an Amount of $119,126.00 plus tax.
#2013-2 – Approving Change Order #1 for Transmission Line Work (Northwest Line – St.
Libory) with IES Industrial, Inc. of Holdredge, NE for an Increase of $38,260.10 and a Revised
Contract Amount of $3,770,974.60.
#2013-4 – Approving Physio-Control Cardiac Monitor Maintenance Contract.
#2013-5 – Approving Bid Award for (2) Utility Vehicles for Jackrabbit Run Golf Course from
Turfwerks, Johnston, IA in an Amount of $30,000.00.
#2013-6 – Approving Centruy Link Addendum in an Amount of $488.00.
#2013-7 – Approving Certificate of Compliance with the Nebraska Department of Roads for
Maintenance Agreement No. 12; Calendar Year 2012.
#2013-8 – Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads for Calendar Year 2013.
#2013-9 – Approving Agreement for Negotiation Services for the State Street and Capital
Avenue Connector Trail Project with Midwest Right of Way Services, Inc. of Omaha, NE in an
Amount of $5,700.00.
#2013-10 – Approving Agreements for Temporary Construction Easements for the US-30
Drainage Improvement Project (AutoZone & O’Connor Residential, LLC).
#2013-11 – Approving Acquisition of Permanent Easement Located in the US 30 drainage
Improvement Area (O’Connor Residential, LLC).
#2013-3 – Approving Change Order #1 for Turbine Overhaul at Platte Generating Station with
Megnatech Industrial Services, Inc. of Saraland, AL for an Increase of $136,822.10 and a
Revised Contract Amount of $633,160.10. Utilities Director Tim Luchsinger reported that due to
additional hours to repair the turbine at Platte Generating Station a change order was required in
the amount of $136,822.10.
Grand Island Council Session - 1/22/2013 Page 69 / 174
Page 3, City Council Regular Meeting, January 8, 2013
Motion by Nickerson, second by Haase to approve Resolution #2013-3. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2013-12 – Consideration of Request from Turkey Maes LLC dba Peacock Lounge, 2430 North
Broadwell Avenue for a Beer Garden Addition to Class “C-100448” Liquor License. This item
related to the aforementioned Public Hearing.
Motion by Donaldson, second by Niemann to approve Resolution #2013-12 contingent upon
final inspections. Upon roll call vote, all voted aye. Motion adopted.
#2013-13 – Consideration of Approving Bid Award for Platte Generating Station Unit #1
Mercury & Air Toxic Standards (MATS) Retrofit Project with AMEC of Tucker, GA in an
Amount of $41,189,331.00. Utilities Director Tim Luchsinger reported that in 2011 the EPA
released the Mercury and Air Toxics Standards (MATS) requiring the maximum achievable
control technology for mercury and other hazardous pollutants from electric generating units,
with a compliance date of March 2015. Mr. Luchsinger gave a PowerPoint presentation
regarding the MATS compliance retrofit project.
Requests for Proposals were received on November 2, 2012. Staff recommended awarding the
proposal to AMEC of Tucker Georgia in an amount of $41,189,331.00.
Discussion was held concerning whether government regulations would change and we wouldn’t
need to move forward with the MATS. Mr. Luchsinger stated he felt there would be some type
of regulations and we would be better off starting now. He stated Hastings and Nebraska City
power plants complied with this rule as do the newer power plants. He answered questions as to
additional employees. He stated 5 or less employees would need to be hired. Comments were
made concerning upgrading our current power plant vs. building a new plant. Mr. Lucshinger
stated the life of our current plant was 20 years.
Motion by Donaldson, second by Niemann to approve Resolution #2013-13. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Gericke to approve the Claims for the period of December 19, 2012
through January 8, 2013, for a total amount of $4,718,421.85. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:47 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 1/22/2013 Page 70 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G2
Approving Minutes of January 15, 2013 City Council Study
Session/Special Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 1/22/2013 Page 71 / 174
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
January 15, 2013
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
January 15, 2013. Notice of the meeting was given in the Grand Island Independent on January
9, 2013.
Mayor Jay Vavricek called the meeting to order at 3:00 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Mitch Nickerson, Julie Hehnke, Chuck Haase, and
Bob Niemann. Councilmembers John Gericke recused himself due to a conflict of interest, Linna
Dee Donaldson, Scott Dugan, and Peg Gilbert were absent. The following City Officials were
present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert
Sivick, and Finance Director Jaye Monter.
The PLEDGE OF ALLEGIANCE was said.
SPECIAL ITEMS:
City Staff Presentation of Pre-84 Retiree Pension. Finance Director Jaye Monter reported this
was the second meeting to decide on the Pre-84 Retiree Pension plan. Explained was that the
Pre-84 employees started work with the City before January 1, 1984. There were 7 Police
Officers and 1 Firefighter that fell in this category. Introduced were the following presenters:
Gregg Rueschhoff with Milliman, Inc.; Jay Huston with Ryder, Rosacker, McCue & Huston;
Terry Galloway with Almquist, Maltzahn, Galloway & Luth, CPAs; Greg Anderson with Wells
Fargo; Robert Evnen with Woods & Aitken LLP and Rodney Cerny with Smith Hayes Advisors,
Inc.
Peg Gilbert was present at 3:11 p.m.
Robert Evnen presented the history of Police and Fire statutes. Explained was the difference
between a Defined Benefit Plan and a Defined Contribution Plan. Police Officers and
Firefighters hired before January 1, 1984 who retire after 1984 were under the Defined Benefit
Plan and receive a monthly benefit. Calculating the present value of the benefit was the issue of
this meeting. State statutes require at least a Single Life Annuity. The past several years the City
had figured pension payouts on Joint Life Annuity.
Miscellaneous Legal Subjects: City Attorney Robert Sivick commented on written questions
from City Council concerning any cases in Nebraska when a city was asked to refund an
overpayment to a pre-84 pensioner. Reviewed was a court case from Bellevue Police Officers
Association. Further discussion would be held in closed session.
Linna Dee Donaldson present at 3:20 p.m.
Mr. Sivick answered the question concerning the 4 year statutes of limitations. Nebraska Law
provided limitations for when various suits may be filed from the time the underlying cause of
action arises. Reviewed were several exceptions. Under Section 25-212 actions not specified
Grand Island Council Session - 1/22/2013 Page 72 / 174
Page 2, City Council Study Session, January 15, 2013
would be 4 years. Question was when the limitations started, when the action occurred or when it
was found. Further discussion would be held in closed session.
Mr. Sivick answered the question with regards to a joint annuity regarding the LGBT policy.
Resolution #2012-338 was based on hiring practices.
Question as to if there was an ordinance that gave the firefighters a joint annuity instead of
single. Mr. Sivick stated in searching the City records there were no ordinances setting forth a
policy of calculating benefits on a single or joint annuity basis for police or fire.
Question concerning the legitimate claim of Mr. Cole regarding pension committee meeting, no
city representative, no minutes, and only 2 legitimate bids. Mr. Sivick stated the police pension
committee did not violate any State or City laws. Mentioned was that Council had not directed
the Pension Committee to figure retirement on joint life annuity. Authority delegated to the
Pension Committee had to be done by Ordinance under Section 16-1014.
Discussion was held concerning the responsibilities of the Pension Committee as set out in state
statutes. Mayor Vavricek commented on the process of the Pension meetings and that Council
received copy of the minutes. Included in those minutes were the three quotes required for
retirement. Ms. Monter commented on the most recent retiree. No formal meeting was held to
approve the retirees quote. Comments were made regarding what the Council sees on the
Payment of Claims for the most recent retiree. Ms. Monter stated this was the way it had been
done since 2001.
Scott Dugan present at 3:47 p.m.
Council commented on the lack of minutes. Mr. Rabe answered questions concerning the
calculation of the quotes. He stated the quotes were typically handled by the Finance/Human
Resources offices and not brought to the committee. Typically the Pension Committee met
quarterly. Comments were made concerning the quotes being within 5% of each bid. Question
was asked if the Pension Committee fell under the Open Meetings Law. Mr. Evnen stated he
would have to look at the Open Meeting Laws. He stated most of these questions would be
answered in Executive Session.
Comments were made concerning trusting the staff to do the right thing.
Pension Committee Authority and Membership. Question concerning members of the pension
committee. Mr. Sivick stated Council approves the appointment of public safety retirement
committee members, but the two City positions had been sporadic. The Finance Director had
traditionally provided support to the City’s committees. Successor Finance Directors assume the
duties of the preceding Finance Director which included the retirement committees. This
question would be further discussed in Executive Session. Mr. Sivick stated these appointments
should be brought before Council for approval. Mr. Sivick commented on the difference in State
Statutes between the Fire and Police Pension Committees.
Question concerning state statutes directing 1st Class cities on the matter of paying joint or
single. Mr. Sivick again stated Neb. Rev. Stat. Sec. 16-1014 which stated “the governing body of
the City shall continue to be responsible for the general administration of such retirement system
Grand Island Council Session - 1/22/2013 Page 73 / 174
Page 3, City Council Study Session, January 15, 2013
unless specific funds or all functions with regard to the administration of the retirement system
are delegated, by ordinance, to the retirement committee.”
Budget – Cash Reserves vs. Unallocated Funds. Questions concerning impact to the budget,
liability of disabled, and funds to cover disability. Ms. Monter explained the accounts for the 800
Fund – Police and Fire Pension Fund, 805 Fund – Police Reserve Fund, and 810 Fund – Fire
Reserve Fund. Discussion was held regarding disability liability. Actuarial Report for January 1,
2011 was reviewed. Mr. Evnen stated State Statutes require an Actuarial analysis be done every
4 years. Gregg Rueschhoff with Milliman, Inc. explained the process of acquiring an Actuarial
analysis. Ms. Monter stated Actuarial analysis had been completed for 2003, 2007, 2008 and
2011. Mr. Rueschhoff stated he does not take into account any disability in the Actuarial.
Terry Galloway explained how the audit reports were tied in with the Actuarial report and he
commented on the management letters each year stating there was excess dollars in the Pension
funds. Discussion was held concerning the difference between a Reserve Fund and an
Unallocated Fund.
Liability of the seven Police Officers (805 Fund) at the Single Life Annuity would be
underfunded by $23,085 and underfunded by $25,993 for the Joint. Comments were made
concerning the loss on investments for seven years in a row beginning in 2002/2003 through
2009/2010. Rodney Cerny with Smith Hayes Advisors commented on the performance of the
City’s retirement account from 2005 through 2010 which averaged about 8% net gain.
Council recessed at 5:15 p.m. and reconvened at 5:30 p.m.
Human Resources Director Brenda Sutherland reviewed the disability benefit. State Statutes 16-
1031 and 16-1032 defined Police and Firefighters. Administrator of the program was EMC with
the risk management coordinator through the Human Resources department. The order of
disability benefit payments were: Workers’ comp, employee’s retirement account, unallocated
funds and then city cash reserves. The City was self-insured for disability obligations.
Ms. Sutherland answered questions concerning the number of employees in each category.
Currently there was two in the workers’ comp category with a possibility of one more to be
added. There were no employees in the other categories. History showed that the City had very
few disabilities. Question was should the City do an Actuarial on disability. Mr. Rueschhoff
stated it was always a good idea.
Revision of Current Policies and Procedures. Question regarding an established process for Pre-
84 Retirement in writing. Ms. Monter stated currently there was no Pre-84 retirement
process/policy in writing, but Council had the authority to enact pension policies and procedures.
Question concerning the gap between the City bids and the employees bid. Ms. Monter stated
she had no idea why they came in the way they did. Discussion was held concerning the 5%
between bids. Mr. Evnen sated the 5% spread was required by State Statues for the Firefighters.
Mayor Vavricek commented on the difference between the Police and Fire in figuring retirement.
Mr. Evnen stated he was unaware of any other city dealing with the situation that the City of
Grand Island was in. He stated checks and balances could be put in place to get reliable annuity
quotes. Quotes should be fair to both the retiree and the taxpayers.
Grand Island Council Session - 1/22/2013 Page 74 / 174
Page 4, City Council Study Session, January 15, 2013
Payment of Claims Prior to Council Approval. Question regarding Mr. Cole’s retirement paid
before approved by Council, what steps are being taken by administration to assure that payment
of claims, with exception of a few payments, not be paid until after approval by Council. Ms.
Monter reviewed those payments made prior to Council approval. Mentioned was every
Thursday those claims that were due before the Council meeting were created manually. Pre-84
retiree pension payments were due to the employee the day of retirement. She stated these types
of payments could be brought before Council in Resolution form for approval before payment.
Discussion was held concerning the due date for retiree’s pension payment to be paid.
Audit. Question regarding a process audit in place. Terry Galloway explained the audit process
for the City. Testing of controls regarding procedures and specific audit procedures applied to
Defined Benefit Plans were mentioned.
Errors and Omissions Insurance Coverage. Question regarding investigating the availability of
errors and omissions insurance to help cover the overpayments that have been made over the
years. Jay Huston with Ryder, Rosacker, McCue & Huston explained the Linebacker Public
Officials and Employment Practices Liability Coverage Form referred to as the “Public Officials
Errors and Omissions” policy. He stated a claim had not been submitted. The Linebacker Policy
had no coverage for the City’s financial loss for the over-payment of a pension plan because of
the “Fiduciary Liability” exclusion. The insurance company would pay for an administrative
error, committed by an “insured”, involving an “employee benefit program”, which included the
pension plan. However, there must be a claim made against the City. Further discussion would
be held in Executive Session.
Miscellaneous. Question regarding tax implication for either the retiree or the City. Ms. Monter
stated there were no tax implications.
Comments from Public:
Tom MaCarty, Attorney for FOP commented on the contract clause under the Constitution.
Based on past practices of paying retirement at joint life annuity any changes would be a
violation of the Police Officer’s first amendment right and be cause for a law suit. The union
stands firm that the City should continue to pay retirement at the joint level.
ADJOURNMENT: The meeting was adjourned at 7:01 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 1/22/2013 Page 75 / 174
Page 5, City Council Study Session, January 15, 2013
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL MEETING
January 15, 2013
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
January 15, 2013. Notice of the meeting was given in the Grand Island Independent on January
9, 2013.
Mayor Jay Vavricek called the meeting to order at 7:15 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Scott Dugan, Peg Gilbert, Mitch Nickerson, Julie
Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmembers John Gericke
was absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Attorney Robert Sivick and Finance Director Jaye Monter.
ADJOURN TO EXECUTIVE SESSION: Motion by Niemann, second by Donaldson to adjourn
to Executive Session at 7:19 p.m. for the purpose of a strategy session with respect to possible
litigation. Unanimously approved.
City Administrator Mary Lou Brown stated the Executive Session would be held downstairs with
the following people present: City Council, Mayor, City Administrator, City Attorney, Finance
Director, Human Resources Director, Gregg Rueschhoff, Jay Huston, Terry Galloway, Greg
Anderson, Robert Evnen and Rodney Cerny.
RETURN TO REGULAR SESSION: Motion by Niemann, second by Haase to return to Regular
Session at 9:25 p.m. Unanimously approved.
RESOLUTIONS:
#2012-367 (B) – Pre-84 Retirees – Public Safety Pension Plans – Remedy Request of Most
Recent Retiree Claim. This item was carried over from the December 18, 2012 City Council
meeting. The original motion was made by Paulick, second by Minton to approve Resolution
#2012-367 (B).
Finance Director Jaye Monter reported that Resolution #2012-367 (B) required no change in the
pension paid to Sergeant Cole.
Discussion was held concerning the motion on the floor from the December 18, 2012 meeting
regarding the most recent retiree claim.
Motion by Gilbert, second by Minton to have a Special City Council meeting on Thursday,
January 17, 2013 at 7:00 p.m. Upon roll call vote, all voted aye. Motion adopted.
#2013-14 (A) – Pre-84 Retirees – Public Safety Pension Plans – Remedy Request of Most
Recent Retiree Claim. Finance Director Jaye Monter reported that Resolution #2013-14 (A)
would direct City staff, the Police Pension Committee, and Sergeant Cole to recalculate Sergeant
Cole’s lump sum pension benefit using a straight life annuity and reimbursement of the
difference.
Grand Island Council Session - 1/22/2013 Page 76 / 174
Page 6, City Council Study Session, January 15, 2013
#2013-15 (A) & #2013-15 (B) – Pre-84 Retirees – Public Safety Pension Plans – Remedy of Past
Claims for Police. Finance Director Jaye Monter reported that Resolution #2013-15 (A) would
direct City staff, the Police Pension Committee, and the four Police retirees to recalculate their
lump sum pension benefit using a straight life annuity and reimbursement of the difference.
Resolution #2013-15 (B) would require no change in the pension paid to the four Police retirees.
Motion by Nickerson, second by Niemann to postpone Resolutions #2013-14 (A), #2012-367
(B), #2013-15 (A) and #2013-15 (B) to the Thursday, January 17, 2013 City Council Special
meeting. Motion was withdrawn after further discussion.
Motion by Dugan, second by Gilbert to deny Resolutions #2013-14 (A), #2012-367 (B), #2013-
15 (A) and #2013-15 (B). Upon roll call vote, all voted aye. Motion adopted.
ORDINANCES:
#9414 (A) – Pre-84 Retirees – Public Safety Pension Plans – Straight
#9414 (B) – Pre-84 Retirees – Public Safety Pension Plains - Joint
Motion by Paulick, second by Nickerson to deny Ordinances #9414 (A) and #9414 (B). Upon
roll call vote all voted aye. Motion adopted.
Discussion was held concerning bringing Resolutions or Ordinances forward to the January 17,
2013 meeting. Mr. Sivick asked for direction from Council.
ADJOURNMENT: The meeting was adjourned at 9:43 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 1/22/2013 Page 77 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G3
Approving Minutes of January 17, 2013 City Council Special
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 1/22/2013 Page 78 / 174
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL MEETING
January 17, 2013
Pursuant to due call and notice thereof, a Special 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 January 17, 2013. Notice of the meeting was posted on the front doors of City Hall, the
Grand Island Public Library and The Independent on January 16, 2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Vaughn Minton, Mike Paulick, Scott Dugan, Peg Gilbert, Mitch
Nickerson, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. Councilmember John
Gericke recused himself due to a conflict of interest and Julie Hehnke were absent. The
following City Officials were present: City Clerk RaNae Edwards, City Attorney Robert Sivick,
and Finance Director Jaye Monter.
The PLEDGE OF ALLEGIANCE was said.
Community Youth Council member Ashley Bykerk was introduced.
CONSENT AGENDA:
Approving Appointment of Jimmy Olson and the Re-Appointments of Michael Nelson, Danny
Dubbs, and Kelly Mossman to the Police Pension Committee along with Finance Director Jaye
Monter and Councilmember Chuck Haase. City Attorney Robert Sivick reported that the Mayor
was recommending the appointments to the Police Pension Committee. These appointments
would take place immediately and expire on December 31, 2016. The Councilmember for the
City representation would serve immediately and expire on December 31, 2013. The Finance
Director would serve through the duration of his/her term. If the Finance Director could no
longer serve a successor Finance Director would then serve in that persons place.
Discussion was held regarding the terms of the City representatives. Mr. Sivick explained the
reasons for the Councilmembers term being one year and the Finance Directors term being
continuous. Comments were made by Council that this position should be appointed for four
years.
Motion by Dugan, second by Minton to approve the appointments to the Police Pension
Committee.
Motion by Gilbert, second by Dugan to amend the motion to include the two lay people on this
committee be a 4 year term. Upon roll call vote, all voted aye. Councilmember Haase abstained.
Motion adopted.
Approving Appointment of Phil Thomas and the Re-Appointments of Tom Cox, Scott Kuehl,
and Todd Morgan to the Fire Pension Committee along with Finance Director Jaye Monter and
Councilmember Chuck Haase. City Attorney Robert Sivick reported this was similar to the
Police Pension Committee appointments.
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Page 2, City Council Special Meeting, January 170, 2013
Motion by Gilbert, second by Niemann to approve the Fire Pension Committee appointments
with the addition that the two lay people would be fore 4 year terms.. Upon roll call vote, all
voted aye. Councilmember Haase abstained. Motion adopted.
RESOLUTIONS:
#2013-16 (A) and #2013-16 (B) – Pre-84 Police Retirees – Remedy Overpayment of Past Police
Retirees. City Attorney Robert Sivick explained the State Statutes with regards to Police pension
calculations for First Class Cities, which was based on a straight life annuity. A search of the
City records indicated the Grand Island City Council had taken no action changing the straight
life to a joint life annuity.
Nebraska law generally limits suits to not more than four years after the event that gave rise to
the cause of action. Therefore, the City is barred from pursuing reimbursement of excess pension
benefits resulting from an incorrect calculation of those benefits more than four years ago.
Presently, the City may pursue legal action against four Police retirees, Rick Ressel, Dennis
Osterman, Roger Philbeck, and Kerry Cole.
Resolution #2013-16 (A) makes the finding that the four Police retirees had received an
overpayment of their pension benefits, directs those benefits be recalculated, directs City staff
demand reimbursement from the retirees for the overpayment, and directs the City Legal
Department to use all available methods to insure the City received reimbursement. Resolution
#2013-16 (B) makes the finding that the above four retirees received an overpayment of the
pension benefits but forgives that overpayment.
Jarret Daugherty, 3012 Goldenrod Drive thanked the Council for the time taken on this issue.
Comments were made by Council regarding not requesting reimbursement from the retired four
Police Officers. Mentioned was that this was a fair way of settling this matter. Mentioned was
that policies and procedures would be changed in the future.
Motion by Gilbert, second by Nickerson to approve Resolution #2013-16 (B). Upon roll call
vote, all voted aye. Motion adopted.
#2013-17 (A) and #2013-17 (B) – Pre-84 Police Retirees – Calculation of Police Retiree
Benefits. City Attorney Robert Sivick stated Resolutions #2013-17 (A) and #2013-17 (B)
addressed the calculation of police retirement benefits. Resolution #2013-17 (A) makes the
finding the Council never authorized changing the calculation of police retirement benefits from
a straight to joint life annuity basis. Any such benefits calculated on a joint life annuity basis
were incorrect and illegal, and all pending and future police retirement benefits should be
calculated on a straight life annuity basis.
Resolution #2013-17 (B) allowed the Council to direct all pending and future police retirement
benefits be calculated on a joint life annuity basis.
Discussion was held regarding the State Statutes which stated the City “shall” pay for a straight
life annuity.
Grand Island Council Session - 1/22/2013 Page 80 / 174
Page 3, City Council Special Meeting, January 170, 2013
Motion by Gilbert, second by Dugan to approve Resolution #2013-17 (A). Upon roll call vote,
all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 7:38 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 1/22/2013 Page 81 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G4
#2013-18 - Approving Contract with Kinghorn Gardens for
Landscaping Design Services
Staff Contact: Marco Floreani
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Council Agenda Memo
From:Community Development
Meeting:January 22, 2013
Subject:Approving the Agreement for Professional Services of
Kinghorn Gardens for the Grand Island Public Library
Biofiltration Garden for Greener Nebraska Towns Grant
Item #’s:G-4
Presenter(s):Marco Floreani, Community Development Administrator
Background
The City of Grand Island is one of eight Nebraska communities that have received a
$55,000 Greener Nebraska Towns Program grant. The grant funding consists of $25,000
for a Water Wise project and $35,000 for Tree Plantings. In March 2011, the City applied
for a Greener Nebraska Towns Initiative grant that would enable Grand Island to create
short and long-range greenscape goals and a green community education plan. A
planning committee, comprised of city staff and community representatives, was formed
to identify potential community greenscape needs, collect information for the grant and
create a comprehensive list of potential project partners if the grant was awarded. In
August of 2011, Council approved Resolution # 2011-197, which authorized the City of
Grand Island to receive the Greener Nebraska Towns Grant and execute projects using
the grant funds.
City staff has identified the Grand Island Public Library as an ideal site to design and
construct a biofiltration garden using the $25,000 Water Wise grant. The Nebraska State
Wide Arboretum reccomended Kinghorn Gardens, a landscape and design firm out of
Omaha, Nebraska as potential contractor for design services for the project. City Staff has
met with and discussed a preliminary scope of professional services for a the Grand
Island Public Library biofiltration garden with Kinghorn Gardens. With Council’s
approval, City of Grand Island will enter into an agreement with Kinghorn Gardens for
the amount of $7,300 for the design services of the biofiltration garden. The required
50% match of the $7,300 will consist of in kind services from Library, Community
Development, and Public Works Staff. Donated funds from the 295 Fund Earl
Grimminger Donation and 251 Stormwater Grant Fund will also be used as a contributed
match for this project.
Grand Island Council Session - 1/22/2013 Page 83 / 174
Discussion
Kinghorn Gardens has a staff with many years of experience working on landscape
infrastructure projects similar to the proposed biofiltration garden at the Grand Island
Public Library and their design work has been featured on the University of Nebraska-
Extension Office’s Green Infrastructure Tours in the City of Omaha.
Kinghorn Garden’s Scope of services would consist of three phases.
1.Data Gathering and Analysis
2.Preliminary Design
3.Final Design
The City Staff recommends the contract be awarded to Kinghorn Gardens for the amount
of $7,300.
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 contract for planning services
to Kinghorn Horticultural Services, Inc. d.b.a. Kinghorn Gardens of Omaha, Nebraska for
$7,300.00.
Sample Motion
Move to approve contract to Kinghorn Gardens of Omaha, Nebraska.
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Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-18
WHEREAS, the City of Grand Island is authorized to execute projects funded by
the Greener Nebraska Town Grant; and
WHEREAS, City of Grand Island Staff sought design service recommendations
and the Nebraska Statewide Arboretum commended the landscape design services of Kinghorn
Gardens of Omaha, Nebraska; and
WHEREAS, Kinghorn Gardens of Omaha, Nebraska submitted a scope of
services, which city staff believes to be fair, professional, and in accordance with the Greener
Nebraska Towns ‘Water Wise’ scope of eligible activities.
WHEREAS, the proposed agreement has been reviewed and approved by the City
Attorney’s office;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to award a contract to Kinghorn Horticultural Service, Inc of Omaha,
Nebraska, in the amount of $7,300.00 for a Greener Nebraska Towns Water Wise Project
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 91 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G5
#2013-19 - Approving Final Plat and Subdivision Agreement for
Dinsdale Subdivision
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: January 22, 2013
Subject: Dinsdale Subdivision - Final Plat
Item #’s: G-5
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Stolley Park Rd. and west of Webb Rd. This final plat
proposes to create 2 Lots, on a Replat of Lot 1 & Lot 2, Hamilton-Kinman Subdivision in
the City of Grand Island, and part of an unplatted tract of land in part of the Southeast
Quarter (SE1/4) of Section Twenty-Four (24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract
containing12.589 acres.
Discussion
The revised plat for Dinsdale Subdivision Final Plat was considered by the Regional
Planning Commission at the January 2, 2013 meeting. A motion was made by Haskins and seconded by Connelly 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, Hayes, 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
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4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Developer/Owner
Dinsey, L.L.C 3312 West Stolley Park Road
Grand Island NE 68803
To create 2 lots north of Stolley Park Road and west of Webb Road. Size: 12.589 acres Zoning: M2 – Heavy Manufacturing Zone
Road Access: City Roads
Water Public: City water is available
Sewer Public: City sewer is available
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Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-19
WHEREAS, DINSEY, L.L.C., being the said owner of the land described
hereon, have caused same to be surveyed, subdivided, platted and designated as “DINSDALE
SUBDIVISION”, to be laid out into 2 lots, in the City of Grand Island, a Replat of Lot 1 and Lot
2, Hamilton-Kinman Subdivision in the City of Grand Island, and part of an unplatted tract of
land in part of the Southeast Quarter (SE1/4) of Section Twenty-Four (24), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County
Nebraska, 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 DINSDALE
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, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 97 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G6
#2013-20 - Approving Final Plat and Subdivision Agreement for
Dowd Second Subdivision
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: January 22, 2013
Subject: Dowd Second Subdivision - Final Plat
Item #’s: G-6
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Fonner Park Road and east of Locust Street. This final
plat proposes to create 2 Lots on a tract of land comprising all of Lot One, Dowd
Subdivision, in the City of Grand Island, Hall County, Nebraska, and said tract
containing.693 acres.
Discussion
The revised plat for Dowd Second Subdivision Final Plat was considered by the Regional
Planning Commission at the November 7, 2012 meeting.
A motion was made by Haskins and seconded by Reynolds to approve the plat as presented.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (O’Neill, Ruge, Reynolds, Monter, Haskins, Eriksen, Snodgrass and Bredthauer)
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 4. Take no action on the issue
Grand Island Council Session - 1/22/2013 Page 99 / 174
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Dowd Second Subdivision Developer/Owner
Auto One Inc., Gary Jacobsen, President 1112 South Locust Street
Grand Island NE 68801
To create 1 lot north of Fonner Park Road and east of South Locust Street, in the City of
Grand Island, in Hall County, Nebraska. Size: .693 acres
Zoning: B2 – General Business Zone
Road Access: City Roads
Water Public: City water is available Sewer Public: City sewer is available
Grand Island Council Session - 1/22/2013 Page 102 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-20
WHEREAS, Auto One, INC., a Nebraska Corporation, being the said owner of
the land described hereon, have caused same to be surveyed, subdivided, platted and designated
as “DOWD SECOND SUBDIVISION”, to be laid out into 2 lots, a tract of land comprising all
of Lot One (1), Dowd Subdivision, in the City of Grand Island, Hall County, Nebraska, 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 DOWD 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, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 103 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G7
#2013-21 - Approving the Extension of the Western Area Power
Administration Contract
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 104 / 174
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:January 22, 2013
Subject:WAPA Contract for Firm Electric Service
Item #’s:G-7
Presenter(s):Tim Luchsinger, Utilities Director
Background
The Utilities Department has been a customer of the Western Area Power Administration
(WAPA) since 1970. WAPA is a federal agency that manages the operation and
administration of the various hydroelectric power projects located along the Missouri
River. Under the current contract, Grand Island receives a small amount of power on an
hourly basis. The current WAPA Contract for Firm Electric Service expires on December
31, 2020.
Discussion
The proposed WAPA contract for Firm Electric Service essentially extends the current
contract and covers a thirty year period from January 1, 2021 through December 31,
2050. Pricing of WAPA energy has been fairly competitive averaging about $40 per
megawatt hour including transmission costs. WAPA is seeking early contract signatures
in order to determine the need for additional customers prior to 2021.
Alternatives
It appears that the Council that the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to a future date
4. Take no action on the issue
Grand Island Council Session - 1/22/2013 Page 105 / 174
Recommendation
City Administration recommends that the Council approve the WAPA Contract for Firm
Electric Service.
Sample Motion
Move to approve the WAPA Contract for Firm Electric Service.
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Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-21
WHEREAS, the Utilities Department has been a customer of the Western Area
Power Administration (WAPA) since 1970; and
WHEREAS, WAPA is a federal agency that manages the operation and
administration of various hydroelectric power projects located along the Missouri River; and
WHEREAS, the City of Grand Island receives a small amount of power on an
hourly basis at a competitive rate, and the current WAPA Contract for Firm Electric Services
expires on December 31, 2020; and
WHEREAS, the proposed WAPA Contract for Firm Electric Service extends the
current contract and covers a 30 year period from January 1, 2021 through December 31, 2050,
and WAPA is seeking early contract signatures in order to determine the need for additional
customers prior to 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Contract with the Western Area
Power Administration (WAPA) is hereby extended to December 31, 2050.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 146 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G8
#2013-22 - Approving Change Order #1 - Turbine Generator
Inspection and Repair - Technical Representative (S.T. Cotter)
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 147 / 174
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:January 22, 2013
Subject:Turbine Generator Inspection and Repair –Technical
Representative - Change Order #1
Item #’s:G-8
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
A major inspection and overhaul of the turbine generator at the Platte Generating Station
is performed every five years. The overhaul was performed in the fall of 2012. During
this inspection, the turbine generator was completely disassembled and all components
cleaned, inspected, repaired or replaced as necessary. The contract for this work included
all labor to open, inspect, clean, and close the turbine and the generator, with the City to
supply all parts and materials. A Technical Representative was hired to monitor, record,
and report activities of the contractor to the plant management staff.
The contract was awarded for technical representation by Council to the low responsive
bidder, S.T. Cotter Turbine Services, Inc., of Clearwater, Minnesota, for $60,651.31 on
June 12, 2012.
Discussion
The contractor completing the repair work found more extensive damage to the turbine
which required additional man hours above the base amount to complete the repairs. The
Technical Representative for S.T. Cotter was required to work additional hours in
response to the additional damage and resulting repair work. The total cost of the
additional man hours was $11,091.32 for a final contract cost of $71,742.63.
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 - 1/22/2013 Page 148 / 174
2.Refer the issue to a Committee.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends authorizing Change Order #1 to the Turbine Generator
Inspection and Repair-Technical Representative at Platte Generating Station for an
addition to the contract price of $11,091.32, to S.T. Cotter Turbine Services, Inc.
Sample Motion
Motion to approve Change Order #1 with S.T. Cotter Turbine Services, Inc., in the
amount of $11,091.32, for the Turbine General Inspection and Repair-Technical
Representative.
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Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-22
WHEREAS, on June 12, 2012, the contract was awarded by Council to S.T.
Cotter Turbine Services, Inc., of Clearwater, Minnesota, for the Turbine Generator Inspection
and Repair, Technical Representative, at Platte Generating Station in the amount of $60,651.31;
and
WHEREAS, during this inspection, more extensive damage to the turbine was
found which required additional man hours above the base amount to complete the repairs; and
WHEREAS, S.T. Cotter was required to work additional hours in response to the
additional damage and resulting repair work, requiring an addition of $11,091.32, for a final
contract amount of $71,742.63.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for the Turbine
Generator Inspection and Repair – Technical Representative, for an additional amount of
$11,091.32, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
_________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 152 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G9
#2013-23 - Approving Mercury and Air Toxic Standards Retrofit
Project Contract with AMEC
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 1/22/2013 Page 153 / 174
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:January 22, 2013
Subject:Approving the Mercury and Air Toxic Standards Retrofit
Project Contract with AMEC
Item #’s:G-9
Presenter(s):Timothy Luchsinger, Utilities Director
Background
On December 21, 2011, EPA released the Mercury and Air Toxics Standards (MATS),
requiring the maximum achievable control technology for mercury and other hazardous
pollutants from electric generating units, with a compliance date of March, 2015,
although an additional one year for compliance may be granted by individual states.
To achieve long-term compliance for MATS, it was anticipated that the Department
would need to install a fabric filter, carbon injection system, and, depending on the
amount of reduction needed, either a dry sorbent injection or a dry scrubber at Platte
Generating Station, along with associated by-product removal systems and disposal sites,
in the next three to four years. It was estimated that these modifications would cost the
utility approximately $35 million and take 3 to 5 years for financing, design, and
construction. Although this equipment will also result in additional operating costs that
may affect rates, the City proceeded with refinancing of current electric bonds to reduce
rate impacts due to debt service of capital expenditures. Current plans are to complete
this installation during the last quarter of 2014 to coincide with a scheduled plant
maintenance outage, with system startup and testing to continue into the first quarter of
2015. This will provide a margin for the implementation of the system and minimize
plant downtime.
For large capital improvement projects of this type, the Department has traditionally used
the Design-Build approach with multiple contracts, where proposals are solicited for a
consulting engineer, who then proceeds with detailed design and developing
specifications for bids to acquire equipment and contractors to complete the project. This
type of approach can achieve more control of the details of the project, but can also take
more time to complete and final project costs are not known until the final contract is
awarded. A project approach being used more by utilities for capital projects is the
Engineer-Procure-Construct (EPC) method. Specifications are developed emphasizing
final system performance and operating parameters instead of technical features, and
Grand Island Council Session - 1/22/2013 Page 154 / 174
consortiums of engineers, suppliers, and construction contractors then team together to
provide bids for a total system package. The project is awarded to the lowest compliant
bid, normally with provisions of penalties for not meeting guarantees or incentives for
exceeding requirements. The EPC approach is recommended by the Department for the
air emission control equipment project as we do not have a preference for the various air
emission control technologies, and this method will allow for the market to determine the
most cost effective and timely implementation. Project costs will also be known early and
enable financing methods to be determined to minimize rate impacts to customers.
Utilities and other entities performing EPC projects normally retain the services of an
Owner’s Engineer to develop the EPC specifications and provide third party project
administrative functions. On March 26, 2012, Kiewit Power Engineers was awarded the
contract for providing engineering services for this project. The services for the Owner’s
Engineer included the following.
A high level determination of emission reduction limits and system components.
Preparation of specifications for bids.
Evaluation of bids.
Financial analysis and preparation of pro-formas for bond underwriters.
Assistance in air emission permitting with EPA and NDEQ.
Final system testing and determination of compliance with contract conditions.
In June, 2012, Kiewit completed a technical and economic evaluation of the two most
recognized processes suitable for use at Platte to achieve the MATS requirements, dry
sorbent injection (DSI) and a dry scrubber system. DSI processes are relatively new to
the electric utility industry and can provide a low capital cost solution to applications
requiring lower emission reduction rates. Dry scrubber systems are the current industry
standard for power plants to meet sulfur dioxide emission standards and have been in use
for over 20 years. Based on estimated capital and 20-year operating and maintenance
costs, the processes were evaluated to have similar life cycle costs. With a similar life
cycle cost, however, the potential for meeting future potential emission standards and the
established history of dry scrubber systems resulted in a recommendation of a dry
scrubber system for Platte. Department staff concurred with this recommendation and
directed Kiewit to proceed with detailed specifications to be issued for bid.
In order to provide a cost-effective solution to meet the MATS requirements, the
specifications were drafted on a performance basis. A performance basis specification
identifies the current conditions and the required end result, but not the specific method,
which allows the various emission control industry engineers, suppliers, and contractors
latitude to bid their best solution for our application. Included in the specification was a
spreadsheet that would be used to evaluate the low bidder that included the factors used
in the calculation of project capital financing and annual operating and maintenance costs
for use by the vendors in determining their best solution for the lowest overall project
cost. These specifications were issued for bid in accordance with City purchasing
procedures. On November 2, 2012, the following bids for the MATS Retrofit compliance
were received.
Grand Island Council Session - 1/22/2013 Page 155 / 174
Bidder Bid Amount 20-Year Life Cycle
Evaluated Bid Amount
AMEC, Tucker, GA $ 41,189,331 $ 100,146,273
Hayes Mechanical, Chicago, IL $ 39,970,000 $ 104,533,161
Black & Veatch, Overland Park, KS $ 52,393,500 $ 107,391,553
KBR, Birmingham, AL $ 45,779,843 $ 107,873,867
Burns & McDonnell, Kansas City, MO $ 48,919,000 $ 109,252,188
Babcock & Wilcox, Barberton, OH $ 57,124,037 $ 110,851,160
Zachary Industrial, Inc. San Antonio, TX $ 58,495,815 $ 115,855,244
Babcock Power Inc., Worchester, MA $ 65,280,488 $ 123,077,751
Kiewit completed the evaluation using life cycle cost spreadsheet included in the
specifications and those costs are included above.
On January 8, 2013, Council approved the award of the MATS Compliance Retrofit
Project to AMEC, with the intent of subsequent consideration of the approval of the
execution of the final contract documents.
Discussion
Utilities and Legal staff have discussed the terms of the MATS Compliance Retrofit
Project with AMEC staff and agreed upon the final contract language. The final
document contains over 1600 pages and is available for review through the Utilities
Department administrative offices.
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 execution of the MATS
Compliance Retrofit Project contract with AMEC.
Sample Motion
Move to authorize execution of the MATS Compliance Retrofit Project contract with
AMEC.
Grand Island Council Session - 1/22/2013 Page 156 / 174
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 2, 2012 at 2:00 p.m.
FOR:Platte Generating Station Unit #1 MATS Compliance
Retrofit Project
DEPARTMENT:Utilities
ESTIMATE:$49,284,669.00
FUND/ACCOUNT:520
PUBLICATION DATE:August 14, 2012
NO. POTENTIAL BIDDERS:9
SUMMARY
Bidder:Hayes Mechanical Babcock & Wilcox
Chicago, IL Barberton, OH
Bid Security:Great American Ins. Co.Federal Ins. Co., et al
Exceptions:Noted Noted
Bid Price:
Material:$17,015,876.00 $23,983,522.00
Labor:$21,763,011.00 $31,379,280.00
Sales Tax:$ 1,191,113.00 $ 1,761,235.00
Total Bid:$39,970,000.00 $57,124,037.00
Bidder:Burns & McDonnell AMEC
Kansas City, MO Tucker, GA
Bid Security:Fidelity & Deposit Co.Ins. Co. of the State of PA
Exceptions:Noted Noted
Bid Price:
Material:$19,783,000.00 $23,170,124.00
Labor:$27,828.000.00 $16,542,557.00
Sales Tax:$ 1,308,000.00 $ 1,476,650.00
Total Bid:$48,919,000.00 $41,189,331.00
Bidder:Babcock Power, Inc.KBR
Grand Island Council Session - 1/22/2013 Page 157 / 174
Worcester, MA Birmingham, AL
Bid Security:National Union Fire Ins. Co.Federal Insurance Co.
Exceptions:Noted Noted
Bid Price:
Material:$50,542,012.00 $29,885,622.00
Labor:$13,774,277.00 $13,776,238.00
Sales Tax:$ 964,199.00 $ 2,117,983.00
Total Bid:$65,280,488.00 $45,779,843.00
Bidder:Zachry Industrial, Inc.Black & Veatch
San Antonio, TX Overland Park, KS
Bid Security:Travelers Casualty & Surety Co.Federal Insurance Co.
Exceptions:Noted Noted
Bid Price:
Material:$24,540,083.00 $32,932,342.00
Labor:$32,481,547.00 $17,768,658.00
Sales Tax:$ 1,474,185.00 $ 1,692,500.00
Total Bid:$58,495,815.00 $52,393,500.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Lynn Mayhew, Assist. Utilities Director Kurt Spiehs, Utilities Dept.
P1593
Grand Island Council Session - 1/22/2013 Page 158 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-23
WHEREAS, the City of Grand Island requested proposals for Mercury and Air
Toxic Standards (MATS) Retrofit Project at Platte Generating Station, according to plans and
specifications on file with the Utilities Department; and
WHEREAS, on January 8, 2013, Council approved the award of the MATS
Compliance Retrofit Project to AMEC, of Tucker, Georgia, in the amount of $41,189,331.00;
and
WHEREAS, Utilities and Legal staff have discussed the terms of the MATS
Compliance Retrofit Project with AMEC staff and agreed upon the final contract language.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract for Mercury and Air
Toxic Standards with AMEC, of Tucker, Georgia, is hereby approved, and that the Mayor is
authorized to sign the contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
___________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 159 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item G10
#2013-24 - Approving Bid Award for Two (2) Storm Water Pumps
for the Solid Waste Division
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 1/22/2013 Page 160 / 174
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:January 22, 2013
Subject:Approving Bid Award for Two (2) Storm Water Pumps
for the Solid Waste Division
Item #’s:G-10
Presenter(s):Terry Brown, P.E., Interim Public Works Director
Background
On December 13, 2012 the Solid Waste Division of the Public Works Department
advertised the request for bids for Two (2) Storm Water pumps. Funds for these pumps
are in the approved 2012/2013 budget.
Discussion
Two (2) bids were received and opened on December 27, 2012. The Solid Waste
Division of the Public Works Department, as well as the Purchasing Division reviewed
the bids that were received. The bid by DJ Gongol & Associates Inc. of West Des
Moines, IA meets all of the specifications.
Bidder Exceptions Noted Bid Total
DJ Gongol & Associates, Inc.None $107,656.00
NMC, Inc.Several $57,000.00
The storm water pumps bid by NMC had several major exceptions noted. The bid
specifications listed the minimum engine performance at 150 horsepower and the pumps
bid by NMC are rated at 82 horsepower. Additionally, the bid specifications listed the
minimum pump suction and discharge size of 10 inches, and the pump suction and
discharge bid by NMC is 6 inches. The pumps bid by NMC, Inc. clearly do not meet the
minimum requirements set forth in the bid specifications and will not perform to the
standards needed to effectively pump the high volumes of storm water at the Landfill.
Grand Island Council Session - 1/22/2013 Page 161 / 174
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 two (2)
storm water pumps from DJ Gongol & Associates, Inc. of West Des Moines, IA in the
amount of $107,656.00.
Sample Motion
Move to approve the purchase of the two (2) storm water pumps from DJ Gongol &
Associates, Inc. of West Des Moines, IA in the amount of $107,656.00.
Grand Island Council Session - 1/22/2013 Page 162 / 174
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:December 27, 2012 at 2:00 p.m.
FOR:(2) Storm Water Pumps – (Re-Bid)
DEPARTMENT:Public Works
ESTIMATE:$120,000.00
FUND/ACCOUNT:50530043-85615
PUBLICATION DATE:December 13, 2012
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:DJ Gongol & Associates, Inc.NMC, Inc.
West Des Moines, IA Doniphan, NE
Bid Security:Cashier’s Check Travelers Casualty & Surety
Exceptions:None Noted
Bid Price:$107,656.00 $57,000.00
Delivery Date:12 Weeks Before April 30, 2013
cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Jeff Wattier, Solid Waste Supt.Russ Swanson, Landfill Foreman
Mary Lou Brown, City Administrator
P1607
Grand Island Council Session - 1/22/2013 Page 163 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-24
WHEREAS, the City of Grand Island invited sealed bids for two (2) storm water
pumps for the Solid Waste and Streets Divisions of the Public Works Department, according to
specifications on file with the Public Works Department; and
WHEREAS, on December 27, 2012 bids were received, opened and reviewed;
and
WHEREAS, DJ Gongol & Associates of West Des Moines, IA submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the amount of $107,656; and
WHEREAS, the bid from DJ Gongol & Associates, Inc. is considered fair and
reasonable for such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of DJ Gongol & Associates,
Inc. in the amount of $107,656 for two (2) storm water pumps is hereby approved as the lowest
responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 164 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item H1
Approving Referral of the One & Six Year Street Improvement
Plan to the Regional Planning Commission
Staff Contact: Terry Brown, Interim Public Works Director
Grand Island Council Session - 1/22/2013 Page 165 / 174
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:January 22, 2013
Subject:Approving Referral of the One & Six Year Street
Improvement Plan to the Regional Planning Commission
Item #’s:H-1
Presenter(s):Terry Brown, Interim Public Works Director
Background
Attached is staff's recommended One and Six Year Street Improvement Plan (SIP).
Adoption of a One and Six Year Street Improvement Plan is required by State law as part
of the requirements to receive approximately three million dollars of gas tax funds each
year.
The One & Six Year Street Improvement Plan typically starts with year one (1) for the
current construction year, closely matching the projects in the current fiscal year’s
budget. The projects in year 1 of the plan are considered “certain”, with projects in years
2 through 5 being listed for planning purposes and subject to approval by council during
the budget process. Future projects are scheduled based on council and public input, as
well as available budget.
Discussion
The attached proposed One and Six Year Street Improvement Plan will be reviewed by
the Regional Planning Commission and come back to the City Council for discussion,
modification, and adoption in February. Administration recommends that the draft be
referred to the Regional Planning Commission.
Our recommendation for the review of the proposed plan is as follows:
Tuesday, January 22, 2013 - City Council refers the plan to the Regional Planning
Commission
Wednesday, February 6, 2013 – Regional Planning Commission conducts a
Public Hearing and forwards a recommendation to the City Council
Grand Island Council Session - 1/22/2013 Page 166 / 174
Tuesday, February 12, 2013 – City Council hears a presentation from staff,
conducts a Public Hearing, and passes a Resolution adopting the plan
Prepare and submit the report to the Nebraska Department of Roads by March 1,
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 refer the One and Six Year Street
Improvement Plan to the Regional Planning Commission.
Sample Motion
Move to approve referral of the One and Six Year Street Improvement Plan.
Grand Island Council Session - 1/22/2013 Page 167 / 174
PUBLICWORKS1 & 6 YEAR STREET IMPROVEMENT PLANPresented by: Terry BrownGrand IslandCouncil Session - 1/22/2013Page 168 / 174
PUBLICWORKSGrand IslandCouncil Session - 1/22/2013Page 169 / 174
PUBLICWORKSGrand IslandCouncil Session - 1/22/2013Page 170 / 174
PUBLICWORKSGrand IslandCouncil Session - 1/22/2013Page 171 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item I1
#2013-25 - Consideration of Request from Kandra Wilson dba The
Faucet, 920 N. Diers Avenue, Suite 1 for a Class “C” Liquor
License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 1/22/2013 Page 172 / 174
Approved as to Form ¤ ___________
January 18, 2013 ¤ City Attorney
R E S O L U T I O N 2013-25
WHEREAS, an application was filed by Kandra Wilson doing business as The
Faucet, 920 N. Diers Avenue, Suite 1 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 January 12, 2013; such publication cost being $16.28;
and
WHEREAS, a public hearing was held on January 22, 2013 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:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 1/22/2013 Page 173 / 174
City of Grand Island
Tuesday, January 22, 2013
Council Session
Item J1
Approving Payment of Claims for the Period of January 9, 2013
through January 22, 2013
The Claims for the period of January 9, 2013 through January 22, 2013 for a total amount of
$4,299,988.25. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 1/22/2013 Page 174 / 174