03-26-2013 City Council Regular Meeting Packet
City of Grand Island
Tuesday, March 26, 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
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City of Grand Island Tuesday, March 26, 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 Bill Pavuk, St. Pauls Lutheran Church, 1515 South
Harrison 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.
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item C1
Recognition of Donald Jelinek, Senior Engineering Technician with
the Utilities Department for 40 Years with the City of Grand Island
The Mayor and City Council will recognize Donald Jelinek, Senior Engineering Technician with the
Utilities Department for 40 years of service with the City of Grand Island. Mr. Jelinek was hired on
March 3, 1973 as an Engineering Aide I, was promoted to Engineering Aide II on September 1, 1975,
promoted to Engineering Aide III on April 16, 1979, and moved to his current position of Senior
Engineering Technician on September 1, 1992. We congratulate and thank Mr. Jelinek for his
dedication and service to the City of Grand Island.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item C2
Proclamation “Sexual Assault Awareness Month” April, 2013
Sexual violence is widespread and impacts every community member of Grand Island. By increasing
education, awareness, and community involvement, there is evidence that we can prevent sexual
violence in Grand Island. The Mayor has proclaimed the month of April 2013 as "Sexual Assault
Awareness Month". See attached PROCLAMATION.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item E1
Public Hearing on Request to Rezone Property Located North of
Fonner Park Road, South of Nebraska Avenue, East of Pleasant
View Drive, and West of Sun Valley Drive from R1 Suburban
Residential to R2 Low Density Residential
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: March 26, 2013
Subject: To Rezone Properties Located North of Fonner Park
Road and East of Pleasant View Drive from R1 Suburban
Residential Zone to R2 Low Density Residential Zone
Item #’s: E-1 & F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
Concerning a request to rezone properties consisting of 4.399 acres located north of
Fonner Park Road and east of Pleasant View Drive from R1 Suburban Residential Zone to R2 Low Density Residential Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held March 6, 2013 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained this was to rezone approximately 4.399 acres of land north of Fonner
Park Road and east of Pleasant View Drive, from R1 Suburban Density Residential to R2
Low Density Residential, in the City of Grand Island. The purpose of this rezoning
request is to allow the subdivision of this property in a manner that is consistent with the current market conditions.
Proposed development at this site is 11 townhouse units that will provide market rate
housing.
O’Neill closed the Public Hearing.
A motion was made by Ruge and seconded by Eriksen to approve the rezone from
R1 Suburban Residential Zone to R2 Low Density Residential.
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A roll call vote was taken and the motion passed with 9 members present and 9 voting in
favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Snodgrass and
Eriksen,) and no one voting against.
The Planning Director’s recommendation to the Planning Commission is also attached to
this recommendation from the Planning Commission.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the rezoning request as presented
2. Modify the rezoning request to meet the wishes of the Council
3. Postpone the issue
Recommendation City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Approve the rezone request for property proposed for platting as Pleasant View 16th Subdivision.
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Agenda Item #4
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 6, 2013
SUBJECT:Zoning Change (C-09-2013GI)
PROPOSAL:To rezone approximately 4.399 acres of land north of Fonner Park Road
and east of Pleasant View Drive, from R1 Suburban Density Residential to R2 Low
Density Residential, in the City of Grand Island. The purpose of this rezoning request is
to allow the subdivision of this property in a manner that is consistent with the current
market conditions.
OVERVIEW:
Site Analysis
Current zoning designation:R1-Suburban Density Residential.
Permitted and conditional uses:R1 - Agricultural uses, recreational uses and
residential uses at a density of 4 dwelling units per
acre.
Comprehensive Plan Designation:Designated for future low to medium residential
development.
Existing land uses.Vacant
Adjacent Properties Analysis
Current zoning designations:South: B2-General Business
North and East: R1-Suburban Density Residential
West: R1-Suburban Density Residential and R2-
Low Density Residential
Permitted and conditional uses:R1 - Agricultural uses, recreational uses and
residential uses at a density of 4 dwelling units per
acre. R2- Agricultural uses, recreational uses and
residential uses at a density of 7 dwelling units per
acre. B2-Residential uses at a density of up to 43
units per acre, a variety of commercial, retail, office
and service uses.
Comprehensive Plan Designation:North, East and West: Designated for future low to
medium density residential development.
South: Designated for Public/Recreational
Development
Existing land uses:North: Vacant property and a R1 Zoned
Residential Development
East: R1 Zoned Residential Development
South: Drainage way and Fonner Park
(campground)
West: R1 and R2 zoned Residential Development
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EVALUATION:
Positive Implications:
Consistent with the City’s Comprehensive Land Use Plan: The subject property is
designated for low to medium density residential redevelopment (typically R1 to R3).
Accessible to Existing Municipal Infrastructure: City water and sewer services are
available to service the rezoning area.
Infill Development: This development will complete a subdivision started in1976
Monetary Benefit to Applicant: Would allow the applicant to develop and sell this
property.
Provides additional housing units within the City of Grand Island: The proposed
rezoning would allow the development of 4 additional lots along Nebraska Avenue.
This would provide for 4 additional dwellings in this neighborhood.
Negative Implications:
Changes the Neighborhood: The houses surrounding this field will have neighbors
backing onto them.
Will likely increase the traffic on Nebraska Ave: Even though there are two accesses
north from this area to South Street and eventually Bismark Road these
developments is likely to increase traffic on Nebraska Avenue as that street will no
longer be a dead end street. The proposed housing units on this property will
generate an average of 10 trips per day per household.
Other Considerations
This proposal is consistent with the 2004 comprehensive plan.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council change the zoning on the this site from R1-Suburban Density Residential to
R2-Low Density Residential as requested and shown on the attached map.
___________________ Chad Nabity AICP, Planning Director
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2011 Aerial Photos
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2004 Future Land Use Map as Adopted with the Grand Island Comprehensive Plan
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February 20, 2013
Dear Members of the Board:
RE: Rezoning – Change of Zoning. Rezone request changing property from
R1 Suburban Residential Zone to R2 Low Density Residential, located in the
City of Grand Island.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a rezone request to the Grand Island Zoning Map from R1
Suburban Residential Zone to R2 Low Density Residential, a tract of land
comprising a part of the West Half of the Northeast Quarter (W1/2 NE1/4), of
Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the
6th P.M. in the City of Grand Island, in Hall County Nebraska. As shown on the
enclosed map.
You are hereby notified that the Regional Planning Commission will consider this
zoning change at the next meeting that will be held at 6:00 p.m. on March 6, 2013 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
cc: City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Rockwell & Assoc.
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item E2
Public Hearing on Acquisition of Permanent Easement Located in
the State Street/Capital Avenue Connector Trail Area (Niedfelt
Property Management Preferred, LLC)
Staff Contact: John Collins, Public Works Director
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Council Agenda Memo
From:Scott Griepenstroh, Public Works Project Manager
Meeting:March 26, 2013
Subject:Public Hearing on Acquisition of Permanent Easement
Located in the State Street/Capital Avenue Connector
Trail Area (Niedfelt Property Management Preferred,
LLC)
Item #’s:E-2 & G-10
Presenter(s):John Collins, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council. A permanent
easement is needed adjacent to 3703 West Capital Avenue to accommodate the State
Street/Capital Avenue Connector Trail Improvement Project.
Discussion
A permanent easement is needed from the property owner at 3703 West Capital Avenue,
Niedfelt Property Management Preferred, LLC, on the east side of the property. This
easement will allow for installation of a hike/bike trail. Niedfelt Property Management
Preferred, LLC will be compensated $970.00 for such permanent easement.
An additional easement acquisition is being presented to Council at tonight’s meeting
from SB Worldwide, LLC. The City is working on acquiring one final easement at the
south end of the trail from Timm Autumn Park, LLC.
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
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3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Easement.
Sample Motion
Move to approve the acquisition of the Easement.
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item E3
Public Hearing on Acquisition of Permanent Easement Located in
the State Street/Capital Avenue Connector Trail Area (SB
Worldwide, LLC)
Staff Contact: John Collins, Public Works Director
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Council Agenda Memo
From:Scott Griepenstroh, Public Works Project Manager
Meeting:March 26, 2013
Subject:Public Hearing on Acquisition of Permanent Easement
Located in the State Street/Capital Avenue Connector
Trail Area (SB Worldwide, LLC)
Item #’s:E-3 & G-11
Presenter(s):John Collins, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council. A permanent
easement is needed adjacent to 3721 West Capital Avenue to accommodate the State
Street/Capital Avenue Connector Trail Improvement Project.
Discussion
A permanent easement is needed from the property owner at 3721 West Capital Avenue,
SB Worldwide, LLC, on the east side of the property. This easement will allow for
installation of a hike/bike trail. SB Worldwide, LLC will be compensated $660.00 for
such permanent easement.
An additional easement acquisition is being presented to Council at tonight’s meeting
from Niedfelt Property Management Preferred, LLC. The City is working on acquiring
one final easement at the south end of the trail from Timm Autumn Park, LLC.
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
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Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the Easement.
Sample Motion
Move to approve the acquisition of the Easement.
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item E4
Public Hearing on Phase II Downtown Revitalization Community
Development Block Grant Application
Staff Contact: Marco Floreani
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Council Agenda Memo
From:Marco Floreani, Community Development Administrator
Meeting:March 26, 2013
Subject:Approving Community Development Block Grant
Downtown Revitalization Phase II Grant application
Item #’s:E-4 & G-14
Presenter(s):Marco Floreani, Community Development Administrator
Background
The City of Grand Island is eligible for a Downtown Revitalization Phase II Grant from
the Nebraska Department of Economic Development for a project(s) that meets the
CDBG national objective of aiding in the elimination of conditions related to slum and
blight.
The City of Grand Island is requesting a $350,000 grant to implement a Phase II
Downtown Revitalization Initiative for Downtown Grand Island. This area has been
declared to be blighted and substandard and is comprised of 51% or more low-to-
moderate income residents of Grand Island. We are requesting the maximum grant funds
available, which is $350,000 per community. Phase II requires a 25% match and at a
minimum, at least one-half of the total matching funds for the project must be non-
community development block grant cash contributions. A combination of both private
and public funding will constitute the 25% match.
The City of Grand Island has obtained a Downtown Revitalization Plan created with the
intentions of aiding in the Phase II Grant initiative. Identified activities that meet the
CDBG national objectives include:
1.The acquisition of real property (including air rights, water rights, and other interests
therein) which is:
a) blighted, deteriorated, deteriorating, underdeveloped, or inappropriately developed
from the standpoint of sound community development and growth;
b) appropriate for rehabilitation or conservation activities ;
c) appropriate for the preservation or restoration of historic sites, the beatification of
urban land, the conservation of open spaces, natural resources, and scenic areas, the
provision of recreational opportunities, or the guidance of urban development;
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d) to be used for the provision of public works, facilities, and improvements eligible for
assistance under this program; or
e) to be used for other public purposes
2.The acquisition, construction, reconstruction, or installation (including design features
and improvement with respect to such construction, reconstruction or installation that
promote energy efficiency) of public works, facilities (except for buildings for the
general conduct of government), and site or other improvements.
3.Code enforcement in deteriorated or deteriorating areas in which such enforcement,
together with public improvements and services to be provided, may be expected to
prevent the decline of the area.
4.Clearance, demolition, removal, and rehabilitation (including rehabilitation which
promotes energy efficiency) of buildings and improvements (including interim assistance,
and financing public or private acquisition for rehabilitation, and rehabilitation, or
privately owned properties and including the renovation of closed school buildings).
5.Special projects directed to the removal of material and architectural barriers which
restrict the mobility and accessibility of elderly and handicapped persons.
6.Payments to housing owners for losses of rental income incurred in holding for
temporary periods housing units to be utilized for relocation of individuals and families
displaced by CDBG activities.
7.Disposition (through sale, lease, donation, or otherwise) of any real property acquired
with CDBG funds or its retention for public purposes.
8.Payment of the nonfederal share required in connection with a federal grant-in-aid
program undertaken as part of activities assisted under this program
9.Relocation payments and assistance for displaced individuals, families, businesses,
organizations, and farm operations, when determined by the grantee to be appropriate
activities.
10.Payment of reasonable administrative costs and carrying charges related to the planning
and execution of community development and housing activities, including the provision
of information and resources to residents of the areas in which community development
and housing activities are to be concentrated with respect to the planning and execution
of such activities, and including the carrying out activities as described in Section 701(e)
of the Housing Act 1954 on the date prior to the enactment of Housing and Community
Development Amendments of 1981.
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11.Activities which are carried out by public or private nonprofits entities, including (a)
acquisition of real property; (b) acquisition, construction, reconstruction, rehabilitation,
or installation of public facilities (except for buildings for the general conduct of
government), site improvements, and utilities.
A public hearing notice was published in The Independent for the public hearing at the
March 26, 2013 Council meeting.
Discussion
At this time the Council is requested to approve the Downtown Revitalization Phase II
Initiative Grant application to implement the revitalization/redevelopment plan for
downtown infrastructure and growth.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Downtown Revitalization Phase II Initiative Grant
application
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 Downtown Revitalization
Phase II Initiative Grant application.
Sample Motion
Move to approve the Downtown Revitalization Phase II Initiative Grant application and
authorize the Mayor to sign all related documents.
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item F1
#9423 - Consideration of Request to Rezone Property Located
North of Fonner Park Road, South of Nebraska Avenue, East of
Pleasant View Drive, and West of Sun Valley Drive from R1
Suburban Residential to R2 Low Density Residential
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: Chad Nabity
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Approved as to Form ¤ ___________
October 18, 2006 ¤ City Attorney
ORDINANCE NO. 9423
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land described as
properties on a tract of land comprising a part of the Northeast Quarter of the Northeast Quarter
(NE ¼ NE ¼) of Section 33, Township 11 North, Range 9 West of the 6th P.M. in the City of
Grand Island, from LLR Large Lot Residential Zone to B2 General Business Zone, directing the
such zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the zoning map pursuant to Chapter 36; and providing for publication and an
effective date of this ordinance.
WHEREAS, the Regional Planning Commission on April 3, 2013, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, the requested change is found to be in compliance with the
Comprehensive Development Plan of the City of Grand Island as adopted July 13, 2004 and
subsequently amended; and
WHEREAS, after public hearing on April 23, 2013, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tracts of land are hereby rezoned, reclassified and
changed from LLR Large Lot Residential Zone to B2 General Business Zone:
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ORDINANCE NO. 9423
- 2 -
A request to rezone properties on a tract of land comprising a part of the
Northeast Quarter of the Northeast Quarter (NE ¼ NE ¼) of Section 33,
Township 11 North, Range 9 West of the 6th P.M. in the City of Grand Island,
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in pamphlet format as provided by law.
Enacted: March 26, 2013.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G1
Approving Minutes of March 12, 2013 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 12, 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 March 12, 2013. Notice of the meeting was given in The Grand Island Independent on
March 6, 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, Julie Hehnke, Mitch Nickerson,
Peg Gilbert, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. Councilmember
Chuck Haase was absent. The following City Officials were present: City Administrator Mary
Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director
John Collins and Finance Director Jaye Monter.
INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Church, 3411
West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council Josh Sugita.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of the Grand Island Northwest Girls Basketball Team for Class “B” State
Championship. Mayor Vavricek and the City Council recognized Grand Island Northwest High
School Girls Basketball Team and their coach Mike Herzberg for their Class “B” State Girls
Basketball championship. The coach and team members were present for the recognition.
Proclamation “Go Guard Week” March 18-24, 2013. Mayor Vavricek proclaimed the week of
March 18-24, 2013 as “Go Guard Week”. Major Dustin Wilke with the Nebraska National Guard
was present and gave an update on the National Guard Readiness Center. Also present were
Mike Halbert, Central Community College (CCC) President, Travis Karr, and Larry Glaser who
explained the grant CCC received to establish a Veterans Resource Center.
Presentation of Downtown Revitalization Plan by Alley Poyner Macchetto. Community
Development Administrator Marco Floreani reported that the City of Grand Island received a
Downtown Revitalization Phase 1 Pre-Development Planning Grant in the amount of $30,000
from the Nebraska Department of Economic Development. The grant is a CDBG national
objective of aiding in eliminating conditions related to slum and blighted areas within the city.
Jay Palu and Megan Lutz representing Alley Poyner Macchetto gave a PowerPoint presentation
regarding the Downtown Redevelopment Study. Mr. Floreani explained the Phase 2
Development in the amount of $350,000 and moving forward with this project.
Discussion was held concerning using the $350,000 grant funds from Phase 2 toward developers
revitalizing downtown. Parking concerns for resident’s in downtown were mentioned. Andrea
Capel commented on a building in Council Bluffs that was revitalized by a non-profit
corporation to move Council Bluffs forward. Mentioned was the possibility of demolishing
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Page 2, City Council Regular Meeting, March 12, 2013
buildings versus revitalizing. Craig Hand, 4220 Calvin Drive stated it was much easier to raise
money for non-profits. Lack of public restrooms were mentioned.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 2703 East Highway 30 (CMJ
Rentals). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located
at 2703 East Highway 30 was needed in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers for the purpose of installing
electrical power closer to the load. Lazy V has reconstructed one building and was adding a
larger service. Extending the overhead line and relocating the transformer would improve the
service. Staff recommended approval. No public testimony was heard.
Public Hearing on the One & Six Year Street Improvement Plan. City Attorney Robert Sivick
reported that Council approved the One & Six Year Street Improvement Plan on February 12,
2013. This item was being brought back to Council due to the City not fully complying with the
legal notice requirements by posting notice in three public places. Staff recommended approval.
No public testimony was heard.
ORDINANCE:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9422 – Consideration of Correcting Ordinance #9419 Relating to Chapter 36-102 of the
Grand Island City Code
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Regional Planning Director Chad Nabity reported Ordinance #9422 would replace Ordinance
#9419 due to a clerical error. The proposed ordinance would only make changes to Section 102
of Chapter 36 regarding landscaping of the Airport overlay zone.
Motion by Donaldson, second by Niemann to approve Ordinance #9422.
City Clerk: Ordinance #9422 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9422 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9422 is declared to be lawfully adopted upon publication as required by law.
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Page 3, City Council Regular Meeting, March 12, 2013
CONSENT AGENDA: Motion by Dugan, second by Gericke to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of February 26, 2013 City Council Regular Meeting.
Approving Minutes of March 5, 2013 City Council Study Session.
#2013-56 – Approving Acquisition of Utility Easement Located at 2703 East Highway 30 (CMJ
Rentals).
#2013-57 – Approving Bid Award for a 2013 Truck Chassis with Service Crane Body & Tip-
Mounted Capstan for Underground Division with Palfleet Truck Equipment of Council Bluffs,
IA in an Amount of 496,390.00.
#2013-58 – Approving Bid Award for Vacuum, Blast Cleaning, High Pressure Wash at Platte
Generating Station with Meylan Enterprises, Inc. of Omaha, NE in an Amount of $72,457.95.
#2013-59 – Approving Amendment #1 to the Plan Review Agreement between the City of Grand
Island and NE Dept. of Health & Human Services.
#2013-60 – Approving Bid Award for Blaine Street Paving; Project No. 2012-P-2 – Wildwood
Drive to Schimmer Drive with Gehring Construction & Ready Mix Co. of Columbus, NE in an
Amount of $588,529.90.
#2013-61 – Approving Bid Award for the 2013 Chip Seal Project No. 2013-CS-1 with Gary
Smith Construction Co., Inc. of Grand Island, NE in an Amount of $104,020.00.
#2013-62 – Approving Bid Award for Handicap Ramp Project No. 2013-1 with Galvan
Construction, Inc. of Grand Island, NE in an Amount of $99,480.50.
#2013-63 – Approving Supplemental Agreement No. 2 with NDOR and Olsson Associates for
Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to
Broadwell Avenue for an Estimated Increase to the City of $5,682.20.
#2013-64 – Approving State Bid Award for (1) 2013 3500HD Chevrolet Silverado 4x4 Pickup
for the Wastewater Division of the Public Works Department with Sid Dillon Crete, Inc. of
Crete, NE in an Amount of $37,908.00.
#2013-65 – Approving Union Pacific Railroad Pipeline Crossing Agreement for North
Interceptor – Phase I Improvements; Project No. 2012-S-6.
#2013-66 – Approving Change Order No. 1 for Lift Station No. 7 Improvements Project No.
2011-S-1A with The Diamond Engineering Company of Grand Island, NE for an Increase of
$1,897.50 and a Revised Contract Amount of $481,456.45.
#2013-67 – Approving Change Order No. 5 for Aeration Basin Improvements at the Wastewater
Treatment Plant; Project No. WWTP-2010-3 with Oakview dck, LLC of Red Oak, IA for a
Decrease of $14,443.25 and a Revised Contract Amount of $3,929,581.75.
Grand Island Council Session - 3/26/2013 Page 36 / 206
Page 4, City Council Regular Meeting, March 12, 2013
#2013-68 – Approving Contract for Annual City, Electric and Water Utility Audits with
Almquist, Maltzan, Galloway & Luth CPA’s of Grand Island, NE for Five Fiscal Years Ending
September 30, 2013 through 2017 in an Amount of $312,000.00.
#2013-69 – Approving Contract for HIDTA Funding for 2013/2014 in an Amount of $55,442.00.
REQUESTS AND REFERRALS:
Consideration of Forwarding Blighted and Substandard Area Determination Analysis:
Community Redevelopment Authority Analysis No. 12 Grand Island, Nebraska to the Hall
County Regional Planning Commission. Regional Planning Director Chad Nabity reported that
Area 12 included Indian Acres Subdivision and Copper Creek Estates west and south of
Shoemaker School in northwest Grand Island. If Council decides to declare an area blighted and
substandard they should expect and encourage redevelopment projects; including those that
come forward requesting financial assistance through the use of Tax Increment Financing (TIF).
The following people spoke in support:
Ray O’Connor, 611 Fleetwood Road
Orville Stahr, 1513 Road 13, York, NE
Kent Cordes representing Miller & Associates of Kearney, NE
Virgil Harden representing Grand Island Public Schools
Ken Gnadt, 1610 Gretchen
Comments were made regarding the percentage of blighted and substandard areas within Grand
Island, storm sewer, additional students in the school system and TIF financing.
Motion by Dugan, second by Gilbert to approve forward Blighted and Substandard Area
Determination Analysis: Community Redevelopment Authority Analysis No. 12 Grand Island,
Nebraska to the Hall County Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
RESOLUTIONS:
#2013-70 – Consideration of Approving One and Six Year Street Improvement Program. This
item related to the aforementioned Public Hearing.
Motion by Dugan, second by Minton to approve Resolution #2013-70. Upon roll call vote, all
voted aye. Motion adopted.
#2013-71 – Approving Boundaries for Downtown Business Improvement District 2013.
Community Development Administrator Marco Floreani reported that Business Improvement
District (BID) #8 was set to expire on September 30, 2013. Business and property owners had
expressed interest in forming a new business improvement district with the same boundaries as
BID #8. It was recommended that Council approve the boundaries for Downtown BID 2013 and
the following be confirmed as board members for this BID: Amos Anson, Craig Hand, Mark
Stelk, Dee Johnson, Tim Ziller, Kurt Haecker, Eric Edwards, Kris Jerke, and Dave Wetherlit.
Grand Island Council Session - 3/26/2013 Page 37 / 206
Page 5, City Council Regular Meeting, March 12, 2013
Motion by Donaldson, second by Dugan to approve Resolution #2013-71. Upon roll call vote, all
voted aye. Motion adopted.
#2013-72 – Approving Surplus Equipment for Disposal from the Wastewater Division of the
Public Works Department. Public Works Engineer Terry Brown reported that the Wastewater
Division of the Public Works Department had surplus equipment at the plant that was
recommended for disposal. It was recommended that the surplus equipment be disposed of at
Wieck’s Auction on March 16, 2013.
Motion by Gilbert, second by Niemann to approve Resolution #2013-72. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Donaldson to approve the Claims for the period of February 27,
2013 through March 12, 2013, for a total amount of $4,809,800.90. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:53 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/26/2013 Page 38 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G2
Approving Minutes of March 19, 2013 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 3/26/2013 Page 39 / 206
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
March 19, 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
March 19, 2013. Notice of the meeting was given in the Grand Island Independent on March 13,
2013.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Scott Dugan, John Gericke, Peg Gilbert, Mitch
Nickerson, Julie Hehnke, Chuck Haase, Linna Dee Donaldson, and Bob Niemann. The following
City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards,
City Attorney Robert Sivick, Finance Director Jaye Monter and Public Works Director John
Collins.
INVOCATION was given by Community Youth Council member Kerrigan Anspauch followed
by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced CYC member Kerrigan Anspauch.
SPECIAL ITEMS:
Update on FEMA Training. Emergency Management Director Jon Rosenlund gave a report on
the Emergency Operations Center Training and Exercise held February 12-15, 2013 in Grand
Island. There were 30 different agencies and 65 participants involved with the training/exercise.
Mr. Rosenlund explained the following Emergency Operations Center (EOC) responsibilities
during an incident: establish response priorities & policy direction; manage and share
information; support the incident operations in the field; coordinate resources; provide critical
public information and liaison between jurisdictions. Explained was the Incident Management
Team (IMT).
The training objections were: 1) provide effective command and control of the incident through
the EOOC and IMT; 2) provide timely and accurate public information and warning; and 3)
provide adequate evacuation, mass care and shelter for disaster victims.
Some of the comments for the strengths of the exercise were: building new relationships; use of
Incident Command Structure (ICS) forms; interagency cooperation; no squabbling between
jurisdictions; establish new Joint Information Center staff; and IMT staff well prepared.
Mentioned were areas to improve were: situational awareness between IMT and EOC; overcome
natural separation between public safety and non-traditional partners; legal & policy issues of
declaration and delegation of authority; and new structure of EOC operations.
Mr. Rosenlund answered questions concerning the benefits of this exercise. Public Works
Director John Collins commented on his experience with disasters in Louisiana.
Grand Island Council Session - 3/26/2013 Page 40 / 206
Page 2, City Council Study Session, March 19, 2013
Presentation on Liquor Licenses. City Clerk RaNae Edwards gave a PowerPoint presentation on
the liquor license processes for the City of Grand Island. The following points were presented:
Applications received by the City Clerk from the Nebraska Liquor Control Commission
(LCC)
City Clerk routes application to the Fire, Health, Building, and Police Departments for
inspections
City Clerk sends letter to applicant of date, time, and place of hearing
Departments return application with recommendation to City Clerk
Public Hearing held by the City Council
City Council makes one of four decisions on application:
a.)Approve application
b.)No recommendation without stipulations
c.)No recommendation with stipulations
d.)Deny application
City Clerk notifies LCC of decision from City Council
LCC requires review from State Patrol, Health, State Fire Marshal, and Local Governing
Body
LCC makes one of four decisions:
a.)If local governing body approves application, LCC will hold license for 10
days to allow for protests, if no protests license will be issued to the Clerk.
b.)If no local recommendation without stipulations, LCC will hold license for
45 days to allow for protests, if no protests license will be issued to the
Clerk.
c.)If no local recommendation with stipulations, LCC will review
stipulations and determine if a hearing is needed. License would either be
approved and sent to the Clerk or a hearing would be held.
d.)If local governing body denies the application, LCC will automatically set
a hearing date. Commission will decide to either deny or approve the
license.
If LCC approves, the license is sent to the Clerk.
Police Chief Steve Lamken reported on license application investigations, bar checks,
compliance checks, and tavern violations. Also mentioned were the most common license issues:
incomplete information, financing, manager residency, nonparticipation, and business plan.
Building Department Director Craig Lewis reported on assembly occupancies – Legal – Code
compliant, Legal – Non-Confirming, and Not Legal. Fire Division Chief Fred Hotz reported on
National Fire Protection Life Safety Codes and existing assembly occupancies.
Reviewed were the following LCC Considerations:
Recommendation of the Local Governing Body
Existence of a Citizens’ Protest
Existing Population and Projected growth
Nature of the Neighborhood
Existence of Absence of Other Retail Licenses within the Neighborhood or Community
Traffic Flow
Adequacy of Existing Law Enforcement
Zoning Restrictions
Grand Island Council Session - 3/26/2013 Page 41 / 206
Page 3, City Council Study Session, March 19, 2013
Sanitation
Public Interest
The following procedures were presented for Short Form Renewal of Liquor Licenses:
Liquor Control Commission issues renewals to the Clerk’s
Clerk issues notification of renewals and form to applicant’s
Applicant sends renewal form to LCC with application fee
LCC sends license to the Clerk for distribution and collection of fee
Ms. Edwards reported that this was a 1 day license for a fee of $40.00 each paid to the state and
$80.00 paid to the City. If the retail licensee holds a catering designation there was no fee.
The following procedures were presented for SDL’s:
Applicant obtains and initiates the process with the local Clerk
Clerk routes the application to the Fire, Health, Building, and Police Departments
Routed applications are returned to the Clerk with recommendation (Police Department
memo must be favorable in order to continue with process)
Clerk sends application and money, if required to LCC
LCC issues permit to the Clerk
Clerk notifies applicant to pick up license
Definitions were covered concerning suspend, cancel, and revoke along with the Classes of
Liquor Licenses and fees.
Ms. Edwards reviewed Nebraska State Statute §53-149. Liquor license is a personal privilege;
good for not to exceed one year after issuance; does not constitute property; not subject to
attachment, garnishment or execution; not alienable or transferable; and terminates immediately
upon the sale of the licensed premises.
Ms. Edwards reported that all Class “C” licenses expire October 31st of each year and all Non-
Class “C” licenses expire April 30th of each year. Statewide, there were 5,516 liquor licenses.
Grand Island had662 Class “C” and 64 Non-Class “C” liquor licenses. Ms. Edwards mentioned
that all new licenses were to be approved by resolution. Section 53-133 and 53-132.04 was
discussed with regards to state and local hearings.
Presentation on Legislative Process. City Administrator Mary Lou Brown gave a PowerPoint
presentation on Legislative Processes. Reviewed were the legislative committees and the
information flow of the legislature, League of Nebraska Municipalities, Senators, Greater
Nebraska Cities and the City.
Currently the City paid the Nebraska Municipalities $33,000 per year which included lobbyist,
conferences, training, etc. Existing process limitations and impacts were: time; divided loyalties;
Eastern Nebraska vs rest of the state; bill dynamics; and Grand Island not fully represented.
Explained was the O’Hara Lindsay Government Affairs Proposal for Greater Nebraska Cities
(GNC). Ms. Brown stated there were three phases: 1) identify immediate needs, 2) prepare for
the future, and 3) ongoing implementation. Grand Island’s share of the GNC relationship would
be $12,000. Individual city representation was a negotiated rate, capped at $20,000. The benefits
Grand Island Council Session - 3/26/2013 Page 42 / 206
Page 4, City Council Study Session, March 19, 2013
of belonging to GNC were: dedicated resource, experienced professionals, existing relationships,
and ability to meet time demands.
Comments were made concerning the need of lobbyists representing the city in the legislature.
Ms. Brown answered questions concerning other companies that supplied these services.
Mentioned was the importance of the local officials/citizens appearing before the legislature.
Conflicts of interests for the company could happen.
Ms. Brown recommended participating with the Greater Nebraska Cities. Mayor Vavricek stated
the city should have stronger representation in Lincoln. Ms. Brown commented on legislative
meetings with the League which the Mayor and City Administrator are members of.
Mayor stated we don’t need to spend tax dollars to get more tax dollars, but we needed to be
stronger. Mentioned was that the city was a Metropolitan Statistical Area. Ms. Brown stated this
item would come before the Council for a decision.
ADJOURNMENT: The meeting was adjourned at 9:25 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 3/26/2013 Page 43 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G3
#2013-73 - Approving Final Plat and Subdivision Agreement for
Pleasant View 16th Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2013 Page 44 / 206
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 26, 2013
Subject: Pleasant View Sixteenth – Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located north of Fonner Park Road and east of Pleasant View Drive. This
final plat proposes to create 31 lots on a tract of land comprising a part of the West Half
of the Northeast Quarter (W1/2 NE1/4) of Section Twenty Two (22), Township Eleven
(11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, said tract containing 8.809 acres.
Discussion
The final plat for Pleasant View Sixteenth Subdivision was considered by the Regional
Planning Commission at the March 6, 2013 meeting. A motion was made by Ruge and
seconded by Eriksen to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Monter, Eriksen and Snodgrass) voting in favor, no member present abstaining
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve 2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Grand Island Council Session - 3/26/2013 Page 45 / 206
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/26/2013 Page 46 / 206
Grand Island Council Session - 3/26/2013 Page 47 / 206
Pleasant View 16th Subdivision Developer/Owner
Janet K. Bosselman
2605 Apache Rd Grand Island NE 68801
To create 31 lots north of Fonner Park Road and east of Pleasant View Drive, in the City
of Grand Island, in Hall County, Nebraska. Size: 8.809 acres Zoning: R2 – Low Density Residential Zone
Road Access: City Roads
Water Public: City water is available
Sewer Public: City sewer is available
Grand Island Council Session - 3/26/2013 Page 48 / 206
February 20, 2013
Dear Members of the Board:
RE: Final Plat – Pleasant View 16th Subdivision – Final Plat
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted final plat of Pleasant View 16th Subdivision, located in the City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 31 lots, on a tract of land comprising a part of the
West Half of the Northeast Quarter (W1/2 NE1/4) of Section Twenty Two (22),
Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and said tract containing 8.809 acres.
You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on March 6, 2013 in the
Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP Planning Director
Cc: City Clerk
City Attorney
City Public Works City Building Department
City Utilities Manager of Postal Operations Rockwell & Associates
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/26/2013 Page 49 / 206
Grand Island Council Session - 3/26/2013 Page 50 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-73
WHEREAS, Janet K. Bosselman, an unremarried widow, being the owner of the
land described hereon, has caused same to be surveyed, subdivided, platted and designated as
“PLEASANT VIEW 16TH SUBDIVISION”, to be laid out into 31 lots, a tract of land
comprising a part of the West Half of the Northeast Quarter (W1/2 NE1/4) of Section Twenty
Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of
Grand Island, Hall County Nebraska, and has caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of PLEASANT VIEW 16TH
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, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 51 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G4
#2013-74 - Approving Bid Award - Precipitator, Conveyor #4 and
Berm Painting at Platte Generating Station
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 3/26/2013 Page 52 / 206
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:March 26, 2013
Subject:Precipitator, Conveyor #4 and Berm Painting 2013
Item #’s:G-4
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Platte Generating Station was constructed over 30 years ago. The steel access
stairwells and support structures to the precipitator and conveyor #4 have not been
painted since the plant was commissioned and show significant paint degradation and
structural steel rusting. The aging concrete berm protective coatings at Burdick
Generating Station and Platte Generating Station’s acid/diesel containment areas are in
need of re-coating. Concrete can be seen through the existing protective coatings in many
places, making the concrete berm susceptible to degradation. These berms are the last
line of defense against a spill and a new reinforced coating system will help maintain
their integrity long term. Inspection of all equipment was performed by industry
professionals, and a specification was developed by plant personnel based on
recommendations received.
Discussion
The specifications for the Precipitator, Conveyor #4 and Berm Painting 2013, were
advertised and issued for bid in accordance with the City purchasing code. Bids were
publicly opened on March 12, 2013. Specifications were sent to six potential bidders and
responses were received as listed below. The engineer’s estimate for this project was
$250,000.00.
Bidder Bid Price
W.S. Bunch Co., Omaha, NE $ 158,480.00
Coblaco Services, Inc., Aurora, CO 180,000.00
F&H Coatings, LLC, Kechi, KS 183,397.89
Hartman Walsh Painting Company, St. Louis, MO 186,500.00
Lindner Painting, Inc., Lincoln, NE 198,425.00
TMI Coatings, Inc., St. Paul, MN 249,700.00
Grand Island Council Session - 3/26/2013 Page 53 / 206
The bids were reviewed by plant engineering staff. The bid from W.S. Bunch Company
is compliant with specifications and less than the engineer’s estimate.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the Contract for Precipitator,
Conveyor #4 and Berm Painting 2013, to W.S. Bunch Company of Omaha, Nebraska, as
the low responsive bidder, with the bid price of $158,480.00.
Sample Motion
Move to approve the bid of $158,480.00 from W.S. Bunch Company, for the Precipitator,
Conveyor #4 and Berm Painting 2013.
Grand Island Council Session - 3/26/2013 Page 54 / 206
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 12, 2013 at 2:00 p.m.
FOR:Precipitator, Conveyor #4 and Berm Painting 2013
DEPARTMENT:Utilities
ESTIMATE:$250,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:February 22, 2013
NO. POTENTIAL BIDDERS:6
SUMMARY
Bidder:W.S. Bunch Co.Lindner Painting, Inc.
Omaha, NE Lincoln, NE
Bid Security:United Fire & Casualty Co.Merchants Bonding Co.
Exceptions:None None
Bid Price:
Material:$ 35,000.00 $ 37,500.00
Labor:$120,900.00 $158,300.00
Sales Tax:$ 2,580.00 $ 2,625.00
Total Bid:$158,480.00 $198,425.00
Bidder:Coblaco Services, Inc.F & H Coatings, LLC
Aurora, CO Kechi, KS
Bid Security:Developers Surety & Indemnity Nationwide Mutual Ins. Co.
Exceptions:None None
Bid Price:
Material:$ 50,112.00 $ 87,835.60
Labor:$126,381.00 $ 89,413.80
Sales Tax:$ 3,507.00 $ 6,148.49
Total Bid:$180,000.00 $183,397.89
Bidder:Hartman Walsh Painting Company TMI Coatings, Inc.
Grand Island Council Session - 3/26/2013 Page 55 / 206
St. Louis, MO St. Paul, MN
Bid Security:Travelers Casualty & Surety Co.North American Specialty Ins. Co.
Exceptions:Noted None
Bid Price:
Material:$101,500.00 $ 84,898.00
Labor:$ 84,000.00 $164,802.00
Sales Tax:$ 1,000.00 ---____
Total Bid:$186,500.00 $249,700.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist.
Ryan Schmitz, Utility Production Eng.
P1623
Grand Island Council Session - 3/26/2013 Page 56 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-74
WHEREAS, the City of Grand Island invited sealed bids for Precipitator,
Conveyor #4 and Berm Painting at Platte Generating Station according to plans and
specifications on file with the Utilities Department; and
WHEREAS, on March 12, 2013, bids were received, opened and reviewed; and
WHEREAS, W.S. Bunch Company, of Omaha, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $158,480.00; and
WHEREAS, the bid of W. S. Bunch Company, is less than the estimate for the
Precipitator, Conveyor #4, and Berm Painting at Platte Generating Station.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of W.S. Bunch Company, in
the amount of $158,480.00, for Precipitator, Conveyor #4 and Berm Painting at Platte
Generating Station, is hereby approved as the lowest responsible bid, and 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, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 57 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G5
#2013-75 - Approving State Bid Award for 2013 Ford F250 Truck
with Utility Body for the Water Shop
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 3/26/2013 Page 58 / 206
Council Agenda Memo
From:Robert H. Smith, Assistant Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:March 26, 2013
Subject:Approving State Bid for (1) 2013 Ford F250 Truck with
Utility Body – Utilities Department, Water Shop
Item #’s:G-5
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Water Division of the Utilities Department budgeted for the replacement of Unit
#924 – a 1997 pick-up with 97,000 miles, used for daily work duties, as well as water
main tapping and repair. The approved FY 2013 budget included $45,000.00 for
replacement of this pickup in the Water Division.
Discussion
The vehicle specifications awarded under State of Nebraska Contract #13403 OC meets
all of the requirements for the Water Division vehicle. By using the State Contract, all
dealers within Grand Island and the rest of the state have had the opportunity to bid on
the contract. Anderson Auto Group of Lincoln, Nebraska, submitted a bid with no
exceptions in the amount of $42,675.00. There are sufficient funds for this purchase in
the Water Division’s budget.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 3/26/2013 Page 59 / 206
Recommendation
City Administration recommends that the Council approve the State Bid Award to
Anderson Auto Group of Lincoln, Nebraska, in the amount of $42,675.00 for the 2013
Ford F250 4x4, 4-door pickup including utility body, for the Utilities Department, Water
Division.
Sample Motion
Move to approve the State Bid Award to Anderson Auto Group of Lincoln, Nebraska, in
the amount of $42,675.00 for the 2013 Ford F250 4x4, 4-door pickup including utility
body, for the Utilities Department, Water Division.
Grand Island Council Session - 3/26/2013 Page 60 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-75
WHEREAS, the Water Division of the Utilities Department for the City of Grand
Island, budgeted for a vehicle in the 2012/2013 fiscal year; and
WHEREAS, said vehicle, a 2013 F-250 Ford 4x4 pickup including service body,
can be obtained from the State Contract holder; and
WHEREAS, the State Contract holder, Anderson Auto Group of Lincoln, came in
with the low bid of $42,675.00 without exceptions; and
WHEREAS, purchasing the vehicle from the State Contract meets all statutory
bidding requirements, and
WHEREAS, the funding for such vehicle is provided in the 2012/2013 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2013 F-250 Ford
4x4 pickup including service body in the amount of $42,675.00 from the State Contract holder,
Anderson Auto Group of Lincoln, Nebraska is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 61 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G6
#2013-76 - Approving License Agreement and Pole Attachment
Agreement with NebraskaLink
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 3/26/2013 Page 62 / 206
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:March 26, 2013
Subject:License Agreement with Nebraska Link, LLC, for Power
Pole Attachments
Item #’s:G-6
Presenter(s):Tim Luchsinger, Utilities Director
Background
Nebraska Link, LLC, is a new telecommunications company that wishes to attach fiber
optic cables to City owned utility poles. They are owned by seven private telephone
companies in rural Nebraska.
The Company is attempting to negotiate contracts with schools, government offices, and
commercial entities across the City.
Discussion
A License Agreement is the form used in the past to allow cables owned by others to be
placed on City utility poles. Charter, Unite Private Networks (UPN), and Qwest are
currently attached to utility poles in the City.
The National Electric Safety Code (Code) prescribes the methods and clearances required
for installation of multiple wire strand utility company facilities and equipment on power
poles. The proposed agreement includes requirements to meet the Code specifications for
clearances between utility facilities, which will require some work by the Utilities
Department and the other utilities currently using the poles.
Of the poles to which Nebraska Link wishes to attach, approximately 120 poles will
require work to be done by the Utilities Department, UPN, and Charter Communications.
The proposed contract requires Nebraska Link to pay for any “make ready” work that is
required to provide the needed space on the pole to allow them to attach in accordance
with the Code. The proposed contract is essentially the same as the current Contracts with
Charter Communications, Qwest, and Unite Private Networks. Nebraska Link will also
Grand Island Council Session - 3/26/2013 Page 63 / 206
pay the same $4.00 per pole annual fee that is received from Qwest, Charter, and Unite
Private Networks.
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 License Agreement with
Nebraska Link, LLC, and direct the Mayor to sign on behalf of the City.
Sample Motion
Move to approve the License Agreement between the City of Grand Island and Nebraska
Link, LLC, and authorize the Mayor to sign the agreement.
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Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-76
WHEREAS, Nebraska Link, LLC, is a telecommunications company that wishes
to attach fiber optic cables to City owned utility poles; and
WHEREAS, a License Agreement is needed to allow the cable to be placed on
City utility poles; and
WHEREAS, the National Electric Safety Code prescribes methods and clearances
required for installation of multiple wire strand utility company facilities and equipment on
power poles; and
WHEREAS, the proposed License Agreement requires Nebraska Link, to pay for
any “make ready” work that is required to provide the needed space on the pole to allow them to
attach in accordance with the Code; and
WHEREAS, Nebraska Link, LLC, will pay the same $4.00 per pole annual fee
that is received from other companies that utilize this service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on
behalf of the City, execute the License Agreement between the City of Grand Island and
Nebraska Link, LLC.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013
_________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 103 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G7
#2013-77 - Approving the Southwest Power Pool Appendix "B"
Credit and Security Agreement
Staff Contact: Tim Luchsinger, Stacy Nonhof
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Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:March 26, 2013
Subject:License Agreement with Nebraska Link, LLC, for Power
Pole Attachments
Item #’s:G-7
Presenter(s):Tim Luchsinger, Utilities Director
Background
Nebraska Link, LLC, is a new telecommunications company that wishes to attach fiber
optic cables to City owned utility poles. They are owned by seven private telephone
companies in rural Nebraska.
The Company is attempting to negotiate contracts with schools, government offices, and
commercial entities across the City.
Discussion
A License Agreement is the form used in the past to allow cables owned by others to be
placed on City utility poles. Charter, Unite Private Networks (UPN), and Qwest are
currently attached to utility poles in the City.
The National Electric Safety Code (Code) prescribes the methods and clearances required
for installation of multiple wire strand utility company facilities and equipment on power
poles. The proposed agreement includes requirements to meet the Code specifications for
clearances between utility facilities, which will require some work by the Utilities
Department and the other utilities currently using the poles.
Of the poles to which Nebraska Link wishes to attach, approximately 120 poles will
require work to be done by the Utilities Department, UPN, and Charter Communications.
The proposed contract requires Nebraska Link to pay for any “make ready” work that is
required to provide the needed space on the pole to allow them to attach in accordance
with the Code. The proposed contract is essentially the same as the current Contracts with
Charter Communications, Qwest, and Unite Private Networks. Nebraska Link will also
Grand Island Council Session - 3/26/2013 Page 105 / 206
pay the same $4.00 per pole annual fee that is received from Qwest, Charter, and Unite
Private Networks.
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 License Agreement with
Nebraska Link, LLC, and direct the Mayor to sign on behalf of the City.
Sample Motion
Move to approve the License Agreement between the City of Grand Island and Nebraska
Link, LLC, and authorize the Mayor to sign the agreement.
Grand Island Council Session - 3/26/2013 Page 106 / 206
Page 1
Appendix “B” Credit and Security Agreement
This Credit and Security Agreement is effective as of the _____ day of ________________,
2_____, by and between ____________________________________________ (“Company”)
and Southwest Power Pool, Inc. (“SPP”).
Recitals
WHEREAS, SPP offers certain services, including certain transmission services, market services
and other services as set out in the Open Access Transmission Tariff of SPP, as may be amended
and supplemented from time to time and together with all replacements and substitutes thereto
(collectively, the “Tariff”);
WHEREAS, SPP maintains a Credit Policy (which is Attachment X to the Tariff, as the same
may be amended from time to time) in order to determine, on a case by case basis, the level of
unsecured credit available to each customer who takes services under the Tariff and the form and
amount of financial assurance to be required by each customer, if any;
WHEREAS, in the event Company provides financial assurance to SPP in the form of cash
collateral or a letter of credit, SPP requires Company, in accordance with the terms of its Credit
Policy as filed and accepted by FERC, to execute this Credit and Security Agreement in order to
assure the strength of SPP’s security interest in such cash collateral or letter of credit;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged by each of the parties hereto, Company and SPP hereby agree as
follows:
(1) The “Liabilities” as used in this Credit and Security Agreement means all of the financial
obligations of the Company under the Tariff and/or any and all agreements entered into, under,
pursuant to, or in connection with the Tariff (including, without limitation, the SPP Credit
Policy) and any and all other agreements to which SPP and the Company are parties
(collectively, the “Agreements”).
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Page 2
(2) As security for the payment and performance of the Liabilities, SPP shall have, and the
Company hereby grants to SPP, a continuing security interest in the following collateral (as
indicated below) (the “Collateral”): all of the Company’s right, title, and interest in any and all
cash, cash collateral, cash deposits and deposit accounts of the Company held or controlled by
SPP, including accounts designated “for the benefit of” Company, that either (i) are or contain
proceeds from any draw upon any Letters of Credit naming SPP as beneficiary to the extent that
SPP determines in its sole discretion to treat such payments as cash collateral, and without
prejudice to SPP’s right to treat draws as payments to SPP of any and all amounts due to SPP
from the Company , or (ii) are or contain cash submitted by the Company as collateral or
security, however created or evidenced, whether now existing or hereafter owned, acquired,
created, used or arising, including all products and proceeds of the foregoing, any and all
renewals, extensions, replacements, modifications, additions, and substitutions of the foregoing
and all rights, remedies, claims and demands under or in connection with each of the foregoing.
(3) All Collateral held or controlled by SPP after the date of this Credit and Security
Agreement shall be free of any lien, security interest or encumbrance, except for liens, security
interests or encumbrances in favor of SPP, and the Company agrees not to grant any security
interest or permit any lien or encumbrance to arise in any of the Collateral except for security
interests, liens and encumbrances in favor of SPP without the prior written consent of SPP.
(4) The Company agrees to do such reasonable acts and things and deliver or cause to be
delivered such other documents as SPP may reasonably deem necessary to establish and
maintain a valid perfected security interest in the Collateral (free of all other liens and claims
except those of SPP) to secure the payment and performance of the Liabilities and to defend title
to the Collateral against any person claiming any interest therein adverse to SPP. The Company
authorizes SPP to file a financing statement or statements on its behalf in those public offices
deemed advisable or necessary by SPP to protect the security interest of the Company herein
granted. If permitted by law, the Company agrees that a carbon, photographic or other
reproduction of this Credit and Security Agreement or of a financing statement may be filed as a
financing statement.
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Page 3
(5) Subject to the Tariff, upon the occurrence of any Default and at any time thereafter, SPP
shall have all rights and remedies available at law or in equity including, without limitation, the
rights and remedies of a secured party under the Arkansas Uniform Commercial Code, as in
effect from time to time, including, without limitation, the right to retain and/or take possession
of the Collateral. SPP may in its discretion transfer any property constituting Collateral into its
own name or that of its nominee and receive the income thereon and hold the same as security
for the Liabilities or apply it on amounts due on Liabilities.
(6) Until such time as SPP exercises its remedies upon a Default, all income, earnings and
profits with respect to the Collateral shall be reported for state and federal income tax purposes
as attributable to the Company and not SPP. Company hereby instructs SPP (and any other
person authorized to report taxable income distributions) to issue, or cause to be issued, IRS
Form 1099 indicating the Company as the recipient of such income, earnings and profits.
(7) Whenever possible each provision of this Credit and Security Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law, but if any
provision of this Credit and Security Agreement shall be prohibited by or invalid under
applicable law, such provision shall be ineffective only to the extent of such prohibition without
invalidating the remainder of such provision or the remaining provisions of this Credit and
Security Agreement. The Company recognizes that SPP has relied on this Credit and Security
Agreement in extending credit to the Company and agrees that such reliance by SPP shall be
sufficient consideration for this Credit and Security Agreement.
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(8) The Company maintains any and all rights under Section 206 of the Federal Power Act it
may have with regard to this Credit and Security Agreement or its implementation.
This Credit and Security Agreement shall be construed and enforced in accordance with, and
governed by, the laws of the State of Arkansas (without giving effect to the principles of
conflicts of laws thereof).
_____________________________________
Company Name
_____________________________________
Authorized Signature
_____________________________________
Print Name
_____________________________________
Title
_____________________________________
Date
SOUTHWEST POWER POOL, INC.
By:
_____________________________________
Authorized Signature
_____________________________________
Print Name
_____________________________________
Title
_____________________________________
Date
Grand Island Council Session - 3/26/2013 Page 110 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-77
WHEREAS, Nebraska Link, LLC, is a telecommunications company that wishes
to attach fiber optic cables to City owned utility poles; and
WHEREAS, a License Agreement is needed to allow the cable to be placed on
City utility poles; and
WHEREAS, the National Electric Safety Code prescribes methods and clearances
required for installation of multiple wire strand utility company facilities and equipment on
power poles; and
WHEREAS, the proposed License Agreement requires Nebraska Link, to pay for
any “make ready” work that is required to provide the needed space on the pole to allow them to
attach in accordance with the Code; and
WHEREAS, Nebraska Link, LLC, will pay the same $4.00 per pole annual fee
that is received from other companies that utilize this service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to, on
behalf of the City, execute the License Agreement between the City of Grand Island and
Nebraska Link, LLC.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013
_________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 111 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G8
#2013-78 - Approving Joint Aerial Photo Project between the City
of Grand Island and Hall County, Nebraska
Staff Contact: Tim Luchsinger, Robert Sivick
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Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:March 26, 2013
Subject:Approving Joint Aerial Photo Project between the City of
Grand Island, and Hall County, Nebraska
Item #’s:G-8
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The City and Hall County has established a Geographic Information System (GIS), which
is the computers, software, and data to allow government entities, businesses, and the
public to view property records and descriptions in addition to information regarding
utilities, schools and government representation.
An integral part of the GIS is aerial photography. The City has a collection of aerial
photography dating back to 1938. These are used by the City and County political
subdivisions to assist in planning, information gathering and data analysis. This
collection of satellite and aerial images provides orthogonal (straight down) views of land
and infrastructure feature. City departments using this information on a daily basis
include Utilities, Public Works, Emergency Services, Building, and Regional Planning.
In March, 2011, the City and Hall County entered into an agreement to jointly pay for the
cost of aerial photography flights in 2011. The aerial photos on these flights were taken at
an oblique angle (at approximate 40 degrees), providing a three dimensional appearance
to buildings, properties and other identifiable areas. Pictometry International Corp. is the
firm that specializes in this unique capture technology. Their product and detailed images
provide tools that enable users to see, measure and plan from the convenience of their
computer desktop or by mobile devices. The cost of $86,590 for this flight was shared
equally between the City and County over three years.
Discussion
The Interlocal Photography Agreement from 2011 will expire on June 30, 2013, however,
the City and County Departments utilizing the GIS would like to schedule additional
Grand Island Council Session - 3/26/2013 Page 113 / 206
photography flights in 2013 and 2016. In addition to the updating the photography to
reflect current conditions, advances in resolution provide greater detail and accuracy with
other GIS parameters. The Utilities Department has requested that additional areas be
photographed to include portions of Merrick County within their Service Area. Under the
proposed agreement, Pictometry will deliver four inch resolution photography for the
City of Grand Island, Villages, and urbanized areas of Hall County. The balance of Hall
County will be flown with nine inch resolution. The four inch and nine inch resolution
refers to the diameter of the area represented by each pixel in the picture.
The photography flights are normally planned for March or April, when there is minimal
snow cover, but before the trees begin to leaf out. All Departments of both Grand Island
and Hall County will have access and license to use the photography and provide it to
businesses and the general public.
The City and County propose to share equally the expense of the aerial flights. The total
price for the 2013 flight is $79,878.00, with the City paying for one half of that expense,
$39,939.00. The proposed cost shares for the 2013 photography flight are as follows:
2013 2014 2015
County Assessor $ 9,984.75 $4,992.38 $4,992.38
County Roads $ 4,992.38 $2,496.19 $2,496.19
County GIS $ 4,992.37 $2,496.18 $2,496.18
$19,969.50 $9,984.75 $9,984.75
City Public Works $ 0.00 $5,984.75 $5,984.75
City Utilities $19,969.50 $ 0.00 $ 0.00
City Fire $ 0.00 $ 0.00 $ 0.00
E911 $ 0.00 $4,000.00 $4,000.00
$19,969.50 $9,984.75 $9,984.75
The total price the 2016 flight is $108,998.00, with the City paying for one half of that
expense, $54,499.00, according to the schedule below:
Total Cost City Share
Date of Shipment of Imagery $ 40,498.00 $20,249.00
Date of First Anniversary of Shipment $ 29,000.00 $14,500.00
Date of Second Anniversary of Shipment $ 29,000.00 $14,500.00
Date of Third Anniversary of Shipment $ 10,500.00 $ 5,250.00
$108,998.00 $54,499.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 3/26/2013 Page 114 / 206
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 Joint Aerial Photo Project
between the City of Grand Island, and Hall County, Nebraska.
Sample Motion
Move to approve the Joint Aerial Photo Project between the County of Hall, Nebraska,
and the City of Grand Island, Nebraska.
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Grand IslandCouncil Session - 3/26/2013Page 119 / 206
ADDENDUM TO THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTY OF HALL AND THE CITY OF GRAND ISLAND FOR A JOINT AERIAL
PHOTOGRAPH PROJECT
WHEREAS, pursuant to the Nebraska Interlocal Cooperation
Act codified at Article 8, Chapter 13 of the Nebraska Revised
Statutes, the County of Hall (County) and the City of Grand
Island (City) entered into an Interlocal Cooperation Agreement
(Agreement) for a joint aerial photograph project on February
15, 2011 and March 2, 2011 respectively, with that Agreement
terminating on June 30, 2013 and;
WHEREAS, it is advantageous for both Parties to execute an
Addendum for the purpose of having access to the information
obtained from two (2) additional aerial flights and sharing the
expenses of those flights.
NOW, THEREFORE, the Parties do hereby set forth the terms
of the Addendum to their Agreement as follows:
I.
The Parties do hereby incorporate the terms and conditions
of their Agreement and note those terms and conditions not in
conflict with any terms and conditions in this Addendum remain
in full force and effect.
II.
The duration of the Addendum shall extend from the date it
is approved and executed by both Parties until June 30, 2019.
III.
The Parties agree to share the expense of an aerial flight
to be conducted by Pictometry International Corporation
(Pictometry) sometime in March or April, 2013. The County has
contracted a total price for this flight in the amount of
Seventy-Nine Thousand, Eight Hundred, Seventy-Eight Dollars
($79,878.00) with Pictometry to be paid by the County pursuant
to the schedule set forth below:
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2
Date of Execution of the Addendum by the Parties $ 8,989.50
Date of Shipment of Imagery $19,093.50
Date of First Anniversary of Shipment of Imagery $21,960.00
Date of Second Anniversary of Shipment of Imagery $21,960.00
Date of Third Anniversary of Shipment of Imagery $ 7,875.00
TOTAL $79,878.00
The City agrees to reimburse the County for one half of that
expense or Thirty-Nine Thousand, Nine Hundred, Thirty-Nine
Dollars ($39,939.00) pursuant to the schedule set forth below:
Date of Execution of the Addendum by the Parties $ 4,494.75
Date of Shipment of Imagery $ 9,546.75
Date of First Anniversary of Shipment of Imagery $10,980.00
Date of Second Anniversary of Shipment of Imagery $10,980.00
Date of Third Anniversary of Shipment of Imagery $ 3,937.50
TOTAL $39,939.00
IV.
The Parties agree to share the expense of an aerial flight
to be conducted by Pictometry sometime in the Winter or Spring
of 2016. The County has contracted a total price for this
flight in the amount of One Hundred, Eight Thousand, Nine
Hundred, Ninety-Eight Dollars ($108,998.00) with Pictometry to
be paid by the County pursuant to the schedule set forth below:
Date of Shipment of Imagery $ 40,498.00
Date of First Anniversary of Shipment of Imagery $ 29,000.00
Date of Second Anniversary of Shipment of Imagery $ 29,000.00
Date of Third Anniversary of Shipment of Imagery $ 10,500.00
TOTAL $108,998.00
The City agrees to reimburse the County for one half of that
expense or Fifty-Four Thousand, Four Hundred, Ninety-Nine
Dollars ($54,499.00) pursuant to the schedule set forth below:
Date of Shipment of Imagery $20,249.00
Date of First Anniversary of Shipment of Imagery $14,500.00
Date of Second Anniversary of Shipment of Imagery $14,500.00
Date of Third Anniversary of Shipment of Imagery $ 5,250.00
TOTAL $54,499.00
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3
COUNTY OF HALL
____________________ By ________________________________
Date Pamela Lancaster, Chairperson
Hall County Board of Supervisors
ATTEST:
_________________________
Marla J. Conley
Hall County Clerk
CITY OF GRAND ISLAND
____________________ By ________________________________
Date Jay Vavricek, Mayor
City of Grand Island
_________________________
RaNae Edwards
Grand Island City Clerk
Grand Island Council Session - 3/26/2013 Page 122 / 206
R E S O L U T I O N 2013–78
WHEREAS, the City of Grand Island, Nebraska has a history of working with
multiple local governments and State Agencies to provide quality aerial photography of Grand
Island and the surrounding area; and
WHEREAS, in 2011 the City and Hall County entered into an Interlocal
Agreement for a joint aerial photography project and sharing the expenses of that project; and
WHEREAS, the City and the County wish to addend their Interlocal Agreement
to include aerial photography flights in 2013 and 2016 and share the expenses of those flights;
and
WHEREAS, this project involves cooperation between the City and County of
Hall, Nebraska and will result in information and cost savings to both entities; and
WHEREAS, the City’s cost share of the project will be $39,939.00 for the 2013
flight spread over the following three years and $54,499.00 for the 2016 flight spread over the following
three years; and
WHEREAS, the City of Grand Island and the Hall County, Nebraska, have
indicated an interest in working together to provide high resolution oblique aerial photography
for their respective jurisdictions; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the Joint Aerial Project between the County of
Hall, Nebraska and the City of Grand Island, Nebraska, is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute the Joint Aerial Project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
___________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 123 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G9
#2013-79 - Approving Amending Fee Schedule Relative to Fire
Department
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 3/26/2013 Page 124 / 206
Council Agenda Memo
From:Russ Blackburn, GIFD EMS Division Chief
Meeting:March 26, 2013
Subject:Change in Fee Schedule
Item #’s:G-9
Presenter(s):Russ Blackburn, GIFD EMS Division Chief
Background
The Grand Island Fire Department charges user fees for the delivery of emergency
medical service to the public. Three problems have been discovered in our current Fee
Schedule.
With Life Team now doing business in Grand Island, we transport fixed wing medical
flight teams in our ambulances from the airport to the hospital and back. We billed the
patients when we had little to no contact with them; the flight crew does the patient care.
Another problem we have found is businesses that charge patients to take care of them,
nursing homes and long term care facilities, are using the Fire Department personnel to
lift patients that have fallen and are not injured, usually obese, instead of having proper
staff, or in place of buying proper lifting equipment for their patients. To curtail this
practice the Fire Department would like to charge business that are being paid to care for
a patient if they call to have the Fire Department help lift their uninjured patients.
We get requests from area events to have emergency medical personnel on-site as a
precaution and the protection of event participants. We do have a scheduled fee for two
people and an ambulance to go to an event, but we do not have a fee for just two EMTs to
be on-site without transport capabilities.
Discussion
After discussions with Life Team they have agreed to be billed directly at the cost of
$300 for the round trip transportation of flight crew and patient. The same rate would be
billed to other aero medical companies that request transportation.
Grand Island Council Session - 3/26/2013 Page 125 / 206
As for the lift assist fee for businesses, we charge a fee of $165/ hour to have a staffed
fire engine do standby at events. The average lift assist keeps an engine company busy
for ½ hour. We would like to charge $85 to businesses that use Fire Department
personnel to supplement their patient care.
The last fee change we would like to make at this time is a fee of $75 per hour, 2 hour
minimum, as an Event EMS Services fee. The fee would be charged to the organizers of
an event, but the fees for treatment and transport, if necessary, would still be charged to
the patients like usual. The fee covers the overtime to have just two EMTs work the event
without an ambulance.
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 these three changes to the fee
schedule. A charge of $300 for round trip transportation of a flight crew and patient, an
$85 fee to businesses that use Fire Department personnel to lift uninjured patients, and a
$75 per hour, two hour minimum, fee to have the GIFD provide emergency medical
services, without an ambulance, at planned events.
Sample Motion
Move to approve the three changes to the fee schedule. A charge of $300 for round trip
transportation of a flight crew and patient, an $85 fee to businesses that use Fire
Department personnel to lift uninjured patients, and a $75 per hour, two hour minimum,
fee to have the GIFD provide emergency medical services, without an ambulance, at
planned events.
Grand Island Council Session - 3/26/2013 Page 126 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-79
WHEREAS, Grand Island Fire Department has identified three areas of service
not currently addressed in the City Fee Schedule; and
WHEREAS, a better billing solution of charging aero-medical companies directly
for transportation of their flight crews and patients at $300 per round trip from the airport to the
hospital and back, instead of billing the patient directly; and
WHEREAS, to curtail business who are paid to care for patients, using Fire
Department personnel to supplement their staff or equipment to lift uninjured patients, the
creation of a fee of $85 per lift assist call to such facility, and
WHEREAS, and a $75 per hour, two hour minimum, fee to have the GIFD
provide emergency medical services, without an ambulance, at planned events.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, to approve the two changes to the fee schedule. A
charge of $300 for round trip transportation of a flight crew and patient and $85 fee to business,
that are paid to care for patients, that use Fire Department personnel to lift uninjured patients,
and a $75 per hour, two hour minimum, fee to have the GIFD provide emergency medical
services, without an ambulance, at planned events.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 127 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G10
#2013-80 - Approving Acquisition of Permanent Easement Located
in the State Street/Capital Avenue Connector Trail Area (Niedfelt
Property Management Preferred, LLC)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2013 Page 128 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-80
WHEREAS, a permanent easement is required by the City of Grand Island, from
Niedfelt Property Management Preferred, LLC; and
WHEREAS, a public hearing was held on March 26, 2013, for the purpose of
discussing the proposed acquisition of such permanent easement; and
WHEREAS, the following legal description details the acquired permanent
easement:
Niedfelt Property Management Preferred, LLC – Tract No. 2 & 4
Two parcels of land located in NW ¼, of Section 12, Township 11 North, Range 10 West, Hall
County, Nebraska, described as follows:
Tract 2:
Beginning at the northeast corner of Lot 1, Autumn Park Subdivision, City of Grand Island, Hall
County, Nebraska; thence northerly along the west line of City of Grand Island Drainage Right-
of-Way, a distance of 446.95 feet; thence westerly deflecting 90 00’00” left, a distance of 12.00
feet; thence southerly deflecting 90 00’00” left, a distance of 446.95 feet to the north line of said
Lot 1; thence easterly along the north line of said Lot 1, deflecting 90 00’00” left, a distance of
12.00 feet to the Point of Beginning, containing 5,363.40 square feet, more or less.
Tract 4:
Beginning at the southeast corner of Lot 1, Sterling Estates Second Subdivision, City of Grand
Island, Hall County, Nebraska; thence westerly along the south line of said Lot 1, a distance of
12.00 feet; thence southerly deflecting 91 15’04” left, a distance of 443.93 feet; thence easterly
deflecting 90 00’00” left, a distance of 12.00 feet to the west line of City of Grand Island
Drainage Right-of-Way; thence northerly along the west line of City of Grand Island Drainage
Right-of-Way, deflecting 90 00’00” left, a distance of 443.63 feet to the Point of Beginning,
containing 5,325.61 square feet, more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire the necessary permanent easement from Niedfelt Property
Management Preferred, LLC, on the above described tracts of land, in the amount of $970.00.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 129 / 206
Grand Island Council Session - 3/26/2013 Page 130 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G11
#2013-81 - Approving Acquisition of Permanent Easement Located
in the State Street/Capital Avenue Connector Trail Area (SB
Worldwide, LLC)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2013 Page 131 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-81
WHEREAS, a permanent easement is required by the City of Grand Island, from
SB Worldwide, LLC; and
WHEREAS, a public hearing was held on March 26, 2013, for the purpose of
discussing the proposed acquisition of such permanent easement; and
WHEREAS, the following legal description details the acquired permanent
easement:
SB Worldwide, LLC – Tract No. 1
A portion of Lot 1, Sterling Estates Second Subdivision, in the City of Grand Island, Hall
County, Nebraska, described as follows:
Beginning at the northeast corner of said Lot 1; thence westerly along the north line of said Lot
1, a distance of 12.00 feet; thence southerly deflecting 90 00’00” left, a distance of 608.79 feet to
the south line of said Lot 1; thence easterly along the south line of said Lot 1, deflecting
88 44’56” left, a distance of 12.00 feet to the west line of City of Grand Island Drainage Right-
of-Way; thence northerly along the west line of City of Grand Island Drainage Right-of-Way,
deflecting 91 15’04” left, a distance of 609.05 feet to the Point of Beginning, containing
7,307.03 square feet, more or less.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire the necessary permanent easement from SB Worldwide, LLC, on
the above described tracts of land, in the amount of $660.00.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 132 / 206
Grand Island Council Session - 3/26/2013 Page 133 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G12
#2013-82 - Approving Award of Proposal for Consulting Services
for Geospatial Data Collection of Grand Island's Public
Stormwater Conveyance System
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2013 Page 134 / 206
Council Agenda Memo
From:Scott Sekutera, Storm Water Technician
Meeting:March 26, 2013
Subject:Approving Award of Proposal for Consulting Services
for Geospatial Data Collection of Grand Island's Public
Stormwater Conveyance System
Item #’s:G-12
Presenter(s):John Collins, Public Works Director
Background
A Request for Proposals (RFP) for consulting services for Geospatial Data Collection of
Grand Island’s Stormwater System was advertised in the Grand Island Independent on
February 7, 2013. The RFP was also sent to five (5) potential proposers by the
Engineering Division of the Public Works Department.
The collection of this geospatial data for the City’s stormwater system will assist with
mapping the stormwater as required by the National Pollution Discharge Elimination
System (NPDES) stormwater permit. The mapping will also give the City information on
locations and elevations of all stormwater structures. This information will be utilized for
stormwater hydraulic modeling, comprehensive drainage planning, required mapping for
compliance with permit to identify Illicit Detection Discharge Elimination (IDDE) and
stormwater capital improvement planning. This survey will provide an accurate,
electronic, easily-accessible storm sewer map and database from which the staff can
quickly access valuable physical and historical information regarding the storm sewer
system.
Discussion
Four (4) proposals were opened on March 5, 2013 and reviewed and scored.
The estimate for this work was $50,000.00. Funds for the consulting services are in the
approved 2012/2013 budget and paid for using the LB 1226 Stormwater Grant fund
through the Nebraska Department of Environmental Quality (NDEQ). This work
supports the City of Grand Island's Stormwater Management Plan.
Grand Island Council Session - 3/26/2013 Page 135 / 206
The proposal submitted by EA Engineering, Science, and Technology, Inc. of Lincoln,
Nebraska was scored as the best firm to complete the required work. The agreement will
be for surveying 1136 stormwater structures at $44.00 each for a grand total of
$49,984.00. Previous surveys have completed 2,555 stormwater structures, which equates
to approximately 85% of the City’s overall structures.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the award of the proposal to
EA Engineering, Science, and Technology, Inc. of Lincoln, Nebraska.
Sample Motion
Move to approve the award of the proposal.
Grand Island Council Session - 3/26/2013 Page 136 / 206
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
CONSULTING SERVICES FOR GEOSPATIAL DATA COLLECTION
STORM WATER CONVEYANCE SYSTEM
RFP DUE DATE:March 5, 2013 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:February 7, 2013
NO. POTENTIAL BIDDERS:5
SUMMARY OF PROPOSALS RECEIVED
EA Engineering, Science, and Technology, Inc.JEO Consulting Group, Inc.
Lincoln, NE Lincoln, NE
Miller & Associates Consulting Engineers, P.C.Midland GIS Solutions
Kearney, NE Maryville, MO
cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Interim Finance Director
Scott Sekutera, Storm Water Technician Stacy Nonhof, Purchasing Agent
P1615
Grand Island Council Session - 3/26/2013 Page 137 / 206
Grand Island Council Session - 3/26/2013 Page 138 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-82
WHEREAS, the City Of Grand Island invited proposals for consulting services
for Geospatial Data Collection of Grand Island’s Storm Water System, according to the Request
For Proposals (RFP) on file with the Engineering Division of the Public Works Department; and
WHEREAS, on March 5, 2013 proposals were received, reviewed, and evaluated
in accordance with established criteria in the RFP; and
WHEREAS, EA Engineering, Science, and Technology, Inc. of Lincoln,
Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all
statutory requirements contained therein and the City Procurement Code with the work
performed at $44.00 each for 1,136 units for a total of $49,984.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of EA Engineering,
Science, and Technology, Inc. of Lincoln, Nebraska for consulting services for Geospatial Data
Collection of Grand Island’s Stormwater System is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 139 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G13
#2013-83 - Approving Bid Award for the 2013 Asphalt Resurfacing
Project Number 2013-AC-1
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 3/26/2013 Page 140 / 206
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:March 26, 2013
Subject:Approving Bid Award for the 2013 Asphalt Resurfacing
Project Number 2013-AC-1
Item #’s:G-13
Presenter(s):John Collins, Public Works Director
Background
On March 5, 2013 the Engineering Division of the Public Works Department advertised
for bids for the 2013 Asphalt Resurfacing Project Number 2013-AC-1. There were 4
potential bidders for the project. This year’s work involves asphalt resurfacing on the
following City streets.
Section #1. Pioneer Boulevard; Blaine Street to Stolley Park Road
Section #2. Northwest Avenue; Capital Avenue to Utah Avenue
Section #3. Fonner Park Road; Pleasant View Drive to Stuhr Road
Section #4. Husker Highway; Regal Drive to concrete header west of US Highway 281
Discussion
Two (2) bids were received and opened on March 19, 2013. The bids were submitted in
compliance with the contract, plans, and specifications. A summary of the bids is shown
below.
Bidder Exceptions Base Bid Alternate Bid
Gary Smith Construction Co., Inc.
of Grand Island, NE
None $453,150.16 $439,184.16
J.I.L. Asphalt Paving Co.
of Grand Island, NE
Noted $463,256.79 $454,915.79
Grand Island Council Session - 3/26/2013 Page 141 / 206
The base bid included the contractor hauling the millings from the job location, while the
alternate bid allowed for a bid reduction with the City hauling the millings.
There are sufficient funds in Account No. 10033506-85354 to fund this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve awarding a contract to Gary
Smith Construction Co., Inc of Grand Island, Nebraska in the amount of $439,184.16 as
the low compliant bid that meets specifications.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 3/26/2013 Page 142 / 206
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 19, 2013 at 2:00 p.m.
FOR:Asphalt Maintenance Project 2013-AC-1
DEPARTMENT:Public Works
ESTIMATE:$615,816.50
FUND/ACCOUNT:10033506-85354 & 10033506-85213
PUBLICATION DATE:March 5, 2013
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:J.I.L. Asphalt Paving Co.Gary Smith Const. Co., Inc.
Grand Island, NE Grand Island, NE
Bid Security:Inland Insurance Co.Inland Insurance Co.
Exceptions:None None
Bid Price:
Section #1:$105,579.05 $102,440.90
Section #2:$ 81,179.50 $ 75,043.32
Section #3:$ 61,702.22 $ 60,581.84
Section #4:$202,266.02 $201.043.25
Section #5:$ 12,529.00 $ 14,040.75
Total:$463,256.79 $453,150.16
Alternate:$ 8,341.00 $ 13,966.00
cc:Terry Brown, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Stacy Nonhof, Purchasing Agent
P1625
Grand Island Council Session - 3/26/2013 Page 143 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-83
WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing
Project Number 2013-AC-1, according to plans and specifications on file with the City
Engineer/Public Works Director; and
WHEREAS, on March 19, 2013 bids were received, opened, and reviewed; and
WHEREAS, Gary Smith Construction Co., Inc. of Grand Island, Nebraska
submitted a bid in accordance with the terms of the advertisement of bids and plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $439,184.16; and
WHEREAS, Gary Smith Construction Co. Inc.’s bid was below the engineer’s
estimate for the project: and
WHEREAS, funds are available in the Fiscal Year 2012/2013 budget for this
project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gary Smith Construction
Co., Inc. of Grand Island, Nebraska in the amount of $439,184.16 for Asphalt Maintenance
Project 2013-AC-1 is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 144 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G14
#2013-84 - Approving Phase II Downtown Revitalization
Community Development Block Grant Application.
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Marco Floeani
Grand Island Council Session - 3/26/2013 Page 145 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-84
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to receive Community Development Block Grant (CDBG) funds
through the Nebraska Department of Economic Development; and
WHEREAS, the Nebraska Department of Economic Development is offering a
CDBG Downtown Revitalization Grant for activities that meet the CDBG national objective to
aid in the elimination of conditions related to slum and blight; and
WHEREAS, the Nebraska Department of Economic Development is currently
accepting applications for Phase II Downtown Revitalization Grants; and
WHEREAS, the request includes the maximum grant funds of $350,000 per
community. Phase II requires a 25% match and at a minimum, at least one-half of the total
matching funds for the project must be non-community development block grant cash. A
combination of both private and public funding will constitute the 25% match; and
WHEREAS, the City of Grand Island presently requires a public hearing to accept
comments and inform the public on all CDBG grant applications; and
WHEREAS, the public hearing on March 26, 2013, offers the public opportunity
to make such comments to the City Council; and
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 apply for a Community Development Block Grant from the Nebraska
Department of Economic Development for the purpose of implementing a Downtown
Revitalization Phase II Initiative; and
The Mayor is hereby authorized and directed to execute such grant applications and other
documentation on behalf of the City of Grand Island for such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 146 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G15
#2013-85 - Approving Bid Award for Furnishing and Planting
Trees at the Veteran's Athletic Field Complex
Staff Contact: Todd McCoy, Parks & Recreation Director
Grand Island Council Session - 3/26/2013 Page 147 / 206
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:March 26, 2013
Subject:Bid Award to Furnish and Plant Trees at Veteran’s
Athletic Field Complex
Item #’s:G-15
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
In 2010 the Nebraska State Fair was relocated to Grand Island utilizing property at
Fonner Park. During the State Fair transition the City softball and soccer fields at Fonner
Park were abandoned to make way for parking. New fields were constructed north of
Grand Island on land leased from the Nebraska Veterans Home. With four softball fields
and an additional 11 acres dedicated to soccer the new complex has become a popular
sports venue for area teams.
In 2012 the City successfully received a Greener Community grant from the State of
Nebraska. The grant funds 50% for community landscape projects such as planting trees.
Planting trees at the Veterans Athletic Park Complex will enhance the aesthetics and add
needed natural shade to a busy summer facility.
Discussion
On February 8, 2013 the Parks and Recreation Department requested bids to furnish and
plant 176 trees at the Veterans Athletic Field Complex. Bids were received from six
landscaping companies.
Cloudburst Lawn & Sprinkler Co. of Grand Island, Nebraska $33,766
Faller Landscape, Inc of York, Nebraska $36,648
Siffring Landscape & Gardens of Fremont, Nebraska $37,240
Lanoha Nurseries of Omaha, Nebraska $37,955
Greenworks Landscaping of Grand Island, Nebraska $41,702
Tilley Sprinklers of Grand Island, Nebraska $50,567
Grand Island Council Session - 3/26/2013 Page 148 / 206
Staff recommends the low bid from Cloudburst Lawn and Sprinkler Company. The
project will be funded by the Parks capital account 40044450-90027. Upon the
completion of the project, the Parks and Recreation Department will be reimbursed
$16,883 through the State of Nebraska Greener Community Grant.
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 City Council award the bid to furnish and plant
trees at the Veterans Athletic Field Complex to Cloudburst Lawn and Sprinkler Company
of Grand Island, Nebraska.
Sample Motion
Move to award the bid to furnish and plant trees at the Veteran’s Athletic Field Complex
to Cloudburst Lawn and Sprinkler for a total of $33,766.
Grand Island Council Session - 3/26/2013 Page 149 / 206
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 5, 2013 at 2:00 p.m.
FOR:Planting Trees for Veteran’s Athletic Field Complex
DEPARTMENT:Parks & Recreation
ESTIMATE:$40,000.00
FUND/ACCOUNT:40044450-90027
PUBLICATION DATE:February 8, 2013
NO. POTENTIAL BIDDERS:19
SUMMARY
Bidder:Cloudburst Lawn & Sprinkler Co.Tilley Sprinklers & Landscaping
Grand Island, NE Grand Island, NE
Exceptions:None Noted
Bid Price:$33,766.00 $50,567.50
Bidder:Faller Landscape, Inc.Siffring Landscaping & Garden Center
York, NE Fremont, NE
Exceptions:Noted None
Bid Price:$36,648.00 $37,240.00
Bidder:Lanoha Nurseries, Inc.Greenworks Landscaping & Design
Omaha, NE Grand Island, NE
Exceptions:None None
Bid Price:$37,955.00 $41,702.00
cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Secretary
Mary Lou Brown, City Administrator Stacy Nonhof, Purchasing Agent
P1617
Grand Island Council Session - 3/26/2013 Page 150 / 206
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this day of , by and
between Cloudburst Lawn & Sprinkler Co.hereinafter called the
Contractor, and the City of Grand Island, Nebraska, hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an
advertisement calling for bids to be published, for Furnishing and Planting Trees at the Veteran’s
Athletic Field Complex; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible
bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the
Contractor's bid, a copy thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors,
and the Contractor for itself, himself/herself or themselves, and its, his/her, or their successors, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and
other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies
and equipment specified and required to be incorporated in and form a permanent part of the completed
work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner
and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents
as listed in the attached General Specifications, said documents forming the contract and being as fully a
part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in
and covered by the City's official award of this contract to the said Contractor, such award being based on
the acceptance by the City of the Contractor's bid;
ARTICLE II. That the City shall pay to the contractor for the performance of the work embraced in this
contract and the contractor will accept as full compensation therefore the sum (subject to adjustment as
provided by the contract) of Thirty three thousand seven hundred sixty six Dollars $ 33,766.00 for all
services, materials, and work covered by and included in the contract award and designated in the foregoing
Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General
Specifications. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and
ending on the following September 30th. It is understood and agreed that any portion of this agreement
which will be performed in a future fiscal year is contingent upon the City Council adopting budget
statements and appropriations sufficient to fund such performance.
ARTICLE III. The contractor hereby agrees to act as agent for the City in purchasing materials and supplies
for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the
purchase price, but the contractor shall handle all payments hereunder on behalf of the City. The vendor
shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the
contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the
vendor. Regardless of the method of payment, title shall vest immediately in the City. The contractor shall
not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the
contractor's name as agent for the City. This paragraph will apply only to these materials and supplies
actually incorporated into and becoming a part of the finished product for Furnishing and Planting Trees
at the Veteran’s Athletic Field Complex.
page 1 of 2
Grand Island Council Session - 3/26/2013 Page 151 / 206
CONTRACT AGREEMENT (Continued)
ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the
required insurance is approved and that the Contractor shall complete the work on or before May 15, 2013
unless “weather circumstances” prohibit working conditions for furnishing and planting trees. It is
understood and agreed that time is the essence of the contract.
ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the
execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to
comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the
Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the
contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the
basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all
applicable Local, State and Federal rules and regulations.
ARTICLE VI. City Code states that it is unethical for any person to offer, give or agree to give any City
employee or former City employee, or for any City employee or former City employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of employment in connection with
any decision, approval, disapproval, recommendation, or preparation of any part of a program
requirement or a purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining
to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It
shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a
subcontractor under a contract to the prime contractor or higher tier subcontractor or any person
associated therewith, as an inducement for the award of a subcontract or order.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement.
Contractor
By Date _______________________
Title
CITY OF GRAND ISLAND, NEBRASKA,
By Date _______________________
Mayor
Attest:
City Clerk
The contract and insurance are in due form according to law and are hereby approved.
Date ________________________
Attorney for the City
page 2 of 2
Grand Island Council Session - 3/26/2013 Page 152 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-85
WHEREAS, the City of Grand Island invited sealed bids for Furnishing and
Planting Trees for the Veteran’s Athletic Field Complex, according to plans and specifications
on file with the Parks and Recreation Department; and
WHEREAS, on March 5, 2013, bids were received, opened and reviewed; and
WHEREAS, Cloudburst Lawn & Sprinkler Company from Grand Island,
Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $33,766.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Cloudburst Lawn &
Sprinkler Company from Grand Island, Nebraska, in the amount of $33,766.00 for Furnishing
and Planting Trees for the Veteran’s Athletic Field Complex is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 153 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item G16
#2013-86 - Approving FEMA Hazard Mitigation Grant for
Mitigation Planning Update
Staff Contact: Jon Rosenlund
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Council Agenda Memo
From:Jon Rosenlund, Emergency Management Director
Meeting:March 26, 2013
Subject:Hazard Mitigation Grant – Planning Update
Item #’s:G-16
Presenter(s):Jon Rosenlund, Emergency Management Director
Background
The Federal Emergency Management Agency requires jurisdictions to develop and
maintain a Hazard Mitigation Plan for the purpose of identifying local hazards and
vulnerabilities. The Plan also identifies methods of mitigating against these hazards to
reduce casualties, property loss and environmental impact from disasters. In 2007, the
current Hall County Hazard Mitigation Plan was completed and adopted by Hall County,
the City of Grand Island, and the various local jurisdictions included in this plan. FEMA
requires that plans be updated every five years with new projects and adopted by local
jurisdictions to ensure a robust mitigation strategy.
The Emergency Management Department, working together with the Regional Planning
Department, has established a planning process and schedule to accomplish this plan
update. The Emergency Management Department has applied for and received a Hazard
Mitigation Grant from FEMA to fund 75% of the costs for this plan’s update, production
and distribution. A 25% in-kind match will include volunteer time of those individuals
who participate in the various planning sessions held throughout the City and County.
Discussion
The FEMA Hazard Mitigation Grant Program (HMGP) provides grants to States and
local governments to implement long-term hazard mitigation measures and planning
efforts after a major disaster declaration. The purpose of the HMGP is to reduce the loss
of life and property due to natural disasters and to enable mitigation measures to be
implemented during the immediate recovery from a disaster. The HMGP is authorized
under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act.
Grand Island Council Session - 3/26/2013 Page 155 / 206
The HMGP Grant funds up to 75% of approved projects with a local match of 25%. The
Emergency Management Department and Regional Planning have identified a schedule,
budget and process for updating the current Hazard Mitigation Plan, including the
gathering of community input through the Planning Commission, subsequent public
mitigation planning meetings, document preparation, printing, binding and distribution.
Total estimated costs of this are listed below.
Total Hazard Mitigation Grant Budget
A. Materials $ 2,129.00
B. Labor $ 14,250.00
C. Fees Paid $ 0.00
Grand Total (Total Project Costs):$ 16,379.00
The 25% in kind match used for this grant will include the estimated 200 hours of
volunteer time used in the various meetings and planning sessions. The grant will
provide reimbursement to the City for staff time in the Regional Planning Department
and materials for the plan’s publishing and distribution.
Without this Hazard Mitigation Grant, the City of Grand Island would be required to
accomplish this plan regardless and without the possibility of reimbursement for labor
and materials.
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 this bid award to Federal
Signal Corporation.
Sample Motion
Move to approve the bid to Federal Signal Corporation.
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NEBRASKA HMPG ADMINISTRATIVE PLAN APPENDIX 1 Hall County 4013-0051
ATTACHMENT 2
63
GRANT AGREEMENT between Nebraska Emergency Management Agency (NEMA)
And
Hall County PROJECT TITLE: Hall County Hazard Mitigation Plan Update
GRANT AGREEMENT NO: 4013
PROJECT NO: 0051 FEDERAL TAX ID#: 47-6006205 DUNS No: 04-091-9607
FIPS Code: 079-04772-00
CFDA #: 97.039 (Hazard Mitigation Grant Program) SCOPE OF WORK
This Grant Assistance Agreement (AGREEMENT) is to provide Hall County
(SUBGRANTEE) with federal assistance from the Hazard Mitigation Grant Program funds for
the above-referenced mitigation grant. The federal share shall not exceed $12284.00 or 75% of actual allowable project costs, whichever is less. The SUBGRANTEE shall provide at least $4095 (25%) through local non-federal (cash and/or in-kind) sources for actual allowable project
costs. These funds are to assist the SUBGRANTEE with completing the approved scope of work
in accordance with the work schedule, milestones, and scope of work that was submitted to and
approved by the Nebraska Emergency Management Agency (NEMA) and the Federal Emergency Management Agency (FEMA). Any changes to the approved scope of work and/or amount budgeted must be submitted to and approved by NEMA prior to executing the changes.
The SUBGRANTEE is required to obtain all necessary permits before construction begins.
AGREEMENTS
NEMA will provide financial oversight and management in the role of GRANTEE based on the
grant guidance, the grant financial guide and all other applicable State and federal guidelines. The GRANTEE will provide technical assistance and direction to the SUBGRANTEE on
programmatic and financial requirements. The GRANTEE will provide all appropriate
documents and forms and make payments to the SUBGRANTEE to complete the approved
scope of work.
The GRANTEE is responsible for monitoring SUBGRANTEE activities to provide reasonable
assurance that the SUBGRANTEE administers federal awards in compliance with federal and
State requirements. Responsibilities include the accounting of receipts and expenditures, cash
management and the maintaining of adequate financial records.
Additionally, the SUBGRANTEE will be monitored quarterly by the GRANTEE to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being met.
Monitoring will be accomplished through a combination of quarterly reporting, reviewing of
expenditures for reimbursement, and when necessary; on-site monitoring. Monitoring will involve
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the review and analysis of the financial, programmatic, and administrative issues relative to the program, and will identify areas where technical assistance and other support may be needed.
The SUBGRANTEE will pass appropriate resolutions to assure NEMA that it is participating,
and will continue to participate, in the National Flood Insurance Program, if mapped. The SUBGRANTEE and the SUBGRANTEE’s AUTHORIZED REPRESENTATIVE agree to
provide all supervision, inspection, accounting, and other services necessary to complete the
scope of work from inception to closeout with the requirements set forth below.
I. ACTIVITY COMPLETION TIMEFRAME The approved activity completion timeframe for this grant is from 3/19/2013 through 3/19/2016.
All work must be completed prior to the activity completion timeframe ending. The
SUBGRANTEE shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the activity completion timeframe.
If a time extension is needed it must be requested at least 75 days prior to the activity completion
timeframe end date. All requests must be supported by adequate justification submitted to NEMA in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended activity
completion timeframe; and a description of performance measures necessary to complete the
project. Without the justification, extension requests will not be processed.
II. AUTHORITIES AND REFERENCES.
The SUBGRANTEE shall comply with all applicable laws, regulations and policies as defined in
the State of Nebraska Hazard Mitigation Administrative Plan. A non-exclusive list of laws and
regulations commonly applicable to FEMA grants follows hereto for reference only.
• OMB Circular A-102 – Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments as implemented in 44 CFR
Part 13
• Title 2 CFR Part 225 (OMB Circular A-87) – Cost Principles for State and Local Governments
• OMB Circular A-133 – Audits of States, Local Governments, and Non-Profit
Organizations
• Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42 U.S.C. 5133, as amended by Section 102 of the Disaster Mitigation Act of 2000 (DMA)
• Title 44 of the Code of Federal Regulations (CFR)
• SUBGRANTEE’s application that was received and approved by NEMA and FEMA
• State of Nebraska Administrative Plan for the Hazard Mitigation Grant Program
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III. GRANT MANAGEMENT SYSTEM To ensure that federal funds are awarded and expended appropriately, the SUBGRANTEE will
establish and maintain a grant management system. The standards for SUBGRANTEE
organizations stem from the Office of Management and Budget’s (OMB) Uniform
Administrative Requirements and Cost Principles. State, local and tribal organizations must follow the uniform administrative requirements standards in OMB Circular A-102, and cost principle standards in OMB Circular A-87. These standards combined with the audit standards
provided within OMB Circular A-133, plus the requirements of the federal Cash Management
Improvement Act constitute the basis for all policies, processes and procedures set forth in this
grant management system for the SUBGRANTEE. The SUBGRANTEE’s grant management system must:
• Include internal controls based on the American Institute for Certified Public
Accountant’s (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles
• Include a chart of accounts that includes a separate cost center, fund, or accounting codes
for each federal grant or program
• Be in compliance with the Cash Management Improvement Act (CMIA), good business processes and Generally Accepted Accounting Principles (GAAP)
• Include procedures to minimize federal cash on hand
• Include the ability to track expenditures on a cash or accrual basis
• Include the ability to track expenditures in both financial and program budgets
• Include procedures to document all grant-related expenditures
• Include procedures to ensure expenditures are eligible and allowable
• Include the ability to fulfill government-required financial reporting forms
IV. PROCUREMENT
This agreement requires that all procurement is executed by the SUBGRANTEE. Procurement standards must be in accordance with the written adopted procedures of the SUBGRANTEE,
provided that the local procurement standards conform to applicable State and Federal law and
the standards identified in the 44 CFR. The SUBGRANTEE will ensure that every purchase
order or other contract includes any clauses required by Federal statutes and executive orders and
their implementing regulations.
V. AUDIT
SUBGRANTEE must comply with the requirements of the Single Audit Act Amendments of
1996 and the Office of Management and Budget (OMB) Circular A-133. Reference: Catalog of Federal Domestic Assistance (CFDA) 97.039 Hazard Mitigation Grant Program.
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VI. PAYMENT REQUEST PROCESS Payments to SUBGRANTEEs are based on eligible expenditures that are specifically related to
the approved grant budget and scope of work. SUBGRANTEEs can request Reimbursement
for allowable expenditures already paid at anytime during the activity completion timeframe.
Payments shall be limited to the documented cash requirements submitted by the SUBGRANTEE. The SUBGRANTEE must submit a completed Payment Request Form and
provide supporting documentation of eligible project costs to receive payment of funds.
Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll records with personnel activity reports, cancelled checks, general ledger print outs, etc.).
Payment of funds will not be made to a SUBGRANTEE until NEMA has this grant agreement
signed and on file.
VII. Match Verification
The maximum federal share to this mitigation grant cannot exceed 75% of eligible grant
expenditures. Therefore, the matching funds (cash and in-kind) must be at least 25% of eligible
grant expenditures. The subgrantee is responsible for submitting proof of the local non-federal match that was used for their mitigation grant to NEMA. Expenditures must be in accordance with the approved scope of work and budget and in accordance with the 44 Code of Federal
Regulations (CFR), Section 13.24, “Matching or cost sharing”
Cash match can be money contributed to the subgrantee by the subgrantee, other public agencies and institutions, private organizations and individuals as long as it comes from a non-federal source. Cash spent must be for allowable costs in accordance with the SUBGRANTEE’s
approved scope of work and budget and must be applicable to the period to which the cost
sharing or matching requirement applies.
In-kind match must comply with the requirements of the 44 CFR, Section 13.24 (matching or cost sharing). The value of in-kind contributions is also applicable to the period to which the
cost sharing or matching requirement applies. The in-kind match provided must be documented
by the third party contributing the in-kind services. The in-kind match must be specifically
stated in the SUBGRANTEE’s scope of work and budget before in-kind match will be allowed to match any mitigation grant. Documentation can be a letter (on letterhead) from the third party stating the scope of their work, what is being contributed as it relates to the scope of work, the
value, a statement to the effect that the value is normally charged, and a statement that the value
is being waived on behalf of the subgrantee to meet the matching requirements to the
subgrantee’s mitigation grant or a spreadsheet detailing in-kind contributions certified by the Authorized Representative.
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If the local match is insufficient to satisfy the local match requirements for receiving all available federal funds, the awarded federal funds will be reduced accordingly so as not to exceed the
maximum federal share allowed under this award.
VIII. REPORTING REQUIREMENTS
The mitigation grant requires quarterly programmatic and financial reporting and progress
relative to the approved scope of work. SUBGRANTEES are required to complete the quarterly
progress report forms that are provided by NEMA and submit them by the 15th day following each federal fiscal quarter. (See administrative plan for specific date.)
WAIVERS
No conditions or provisions of this AGREEMENT can be waived unless approved by NEMA and the SUBGRANTEE, in writing. Unless otherwise stated in writing, NEMA's failure
to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right
based upon a breach, shall not constitute a waiver of any right or obligation specified under this
AGREEMENT.
AMENDMENTS AND MODIFICATIONS
This AGREEMENT may be amended or modified in reference to the grant funds
provided, administrative procedures, or any other necessary matter, but not to take effect until
approved, in writing, by NEMA and the SUBGRANTEE.
COMPLIANCE, TERMINATION AND OTHER REMEDIES
Unless otherwise stated in writing, NEMA requires strict compliance by the
SUBGRANTEE and its authorized representative(s) with the terms of this AGREEMENT, and the requirements of any applicable local, state and federal statute, rules, regulations; particularly
those included in the Assurances attached to this grant agreement.
NEMA may suspend or terminate any obligation to provide funding or demand return of
grant funds, following notice from NEMA, if the SUBGRANTEE fails to meet any obligations under this AGREEMENT or fails to make satisfactory progress toward administration or
completion of said project.
The SUBGRANTEE understands and agrees that NEMA may enforce the terms of this
AGREEMENT by any combination, or all remedies available to NEMA under this AGREEMENT, or under any other provision of law, common law, or equity.
INDEMNIFICATION
1. It is understood and agreed by NEMA and the SUBGRANTEE and its agents that this AGREEMENT is solely for the benefit of the parties to this grant and gives no right to any other
party.
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68
2. The SUBGRANTEE, on behalf of itself and its successors and assigns, agrees to protect, save, and hold harmless NEMA and the State of Nebraska, and their authorized agents
and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever
by reason of the negligent acts, errors, or omissions of the SUBGRANTEE or its authorized
representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in connection with any acts or activities authorized by this AGREEMENT. The SUBGRANTEE’s obligation to protect, save, and hold harmless as herein provided shall not extend to claims or
causes of action for costs, damages, or expenses caused by or resulting from the negligent acts,
errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or
employees. 3. The SUBGRANTEE further agrees to defend NEMA, the State of Nebraska, and their
authorized agents and employees against any claim or cause of action, or to pay reasonable
attorney’s fees incurred in the defense of any such claim or cause of action, as to which the
SUBGRANTEE is required to protect, save, or hold harmless said parties pursuant to paragraph 2 of this part. The SUBGRANTEE’s obligation to defend, or to pay attorney’s fees for the defense of such claims or causes of action as herein provided, shall not extend to claims or
causes of action for costs, damages, or expenses caused by or resulting from the negligent acts,
errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or
employees. ACKNOWLEDGMENTS
The SUBGRANTEE shall include, in any public or private release of information
regarding the project, language that acknowledges the funding contribution through NEMA by FEMA. INDEPENDENT CONTRACTOR STATUS OF APPLICANT
The SUBGRANTEE, its officers, employees, agents and council members shall all perform their obligations under this AGREEMENT as an independent contractor and not in any manner as officers, employees or agents of NEMA or the State of Nebraska. All references
herein to the SUBGRANTEE shall include its officers, employees, city council/board members,
and agents.
RESPONSIBILITY FOR PROJECT
While NEMA undertakes to provide technical assistance to the SUBGRANTEE and its
authorized representative in the administration of the project, said project remains the sole
responsibility of the applicant in accomplishing grant objectives and goals. NEMA undertakes no responsibility to the SUBGRANTEE, or any third party, other than what is expressly set out in this AGREEMENT.
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ENTIRE GRANT AGREEMENT
This AGREEMENT sets forth the entire AGREEMENT between NEMA and the
SUBGRANTEE with respect to subject matter hereof. Commitments, warranties,
representations and understandings or agreements not contained, or referred to, herein or amended thereto shall not be binding on either NEMA or the SUBGRANTEE. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT
will be effective without written consent of both parties.
IN WITNESS WHEREOF, NEMA and the SUBGRANTEE have executed this AGREEMENT by the signatures of authorized persons of both entities and on the dates indicated below:
Nebraska Emergency
Management Agency _____________________________________ ___________________________________
Al Berndt, Governors Authorized Representative Authorized Representative
___________________________________ _____________________________________ Date Date
________________________________________
Signature of Alternate Authorized Representative (optional)
________________________________________ Date
Grand Island Council Session - 3/26/2013 Page 163 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-86
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to file an application through the Federal Emergency Management
Agency and Nebraska Emergency Management Agency for a Hazard Mitigation Program Grant;
and
WHEREAS, the Federal Emergency Management Agency and Nebraska
Emergency Management Agency provide grant applications for hazard mitigation planning; and
WHEREAS, the current Hall County Hazard Mitigation Plan is due for mandatory
update following 5 years; and
WHEREAS, the update of the Hazard Mitigation Plan is a federal requirement to
remain eligible for Federal disaster aid, and
WHEREAS, the Emergency Management Department and Regional Planning
Department are preparing to accomplish this mandatory update; and
WHEREAS, a grant has been awarded to the City of Grand Island to conduct an
update of the local Hazard Mitigation Plan; and
WHEREAS, the City of Grand Island may recoup expenditures necessary to
produce and publish this required Hazard Mitigation Plan through this Hazard Mitigation Grant,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The Mayor is hereby authorized and directed to award this bid to Federal Signal
Corporation on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 164 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item I1
#2013-87 - Consideration of Approving Letter of Support for
Essential Air Service (EAS) to the Department of Transportation
(DOT)
Staff Contact: Mary Lou Brown, City Administrator
Grand Island Council Session - 3/26/2013 Page 165 / 206
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:March 26, 2013
Subject:Essential Air Service Recommendation
Item #’s:I-1
Presenter(s):Mike Olson, AAE, Executive Director
Hall County Airport Authority
Background
The Department of Transportation developed a program entitled Essential Air Service
(EAS) several years ago to assure that smaller rural communities would be provided with
passenger air service. The program provides subsidies to commercial air carriers to offset
the cost of offering such service in areas where ridership cannot be to the level to achieve
profitability. This program is intended to help small communities in economic
development, community development and population stabilization. Hall County has
benefited from this program over the last few years by assuring that the area continued
flight service for citizens and businesses.
Every two years the Department of Transportation asks for proposals from air carriers for
the various EAS communities for the continuation of air service. Two proposals from
American Airlines and Sovereign Air airlines were submitted for the Central Nebraska
Regional Airport. A summary of the proposals is attached for City Council review.
Discussion
The Airport Authority Board, in a letter to Mayor Vavricek, is requesting concurrence
from the City for the formal request to the Department of Transportation for the Essential
Air Service. This is a requirement of the DOT on matters such as this.
On March 13, 2013 the Hall County Airport Authority conducted a public meeting to
discuss the bids for Essential Air Service to Grand Island, NE. The Hall County Airport
Authority is recommending American Airlines to the Department of Transportation
(DOT) for air service for the Central Nebraska Regional Airport under the Essential Air
Service Program.
Grand Island Council Session - 3/26/2013 Page 166 / 206
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council accept the recommendation of the Hall
County Airport Authority Board submitted by American Airlines and pass Resolution
#2013- to authorize the Mayor to send a letter to the Department of Transportation
expressing support of such proposal.
Sample Motion
Move to accept the recommendation of the Hall County Airport Authority Board
submitted by American Airlines and pass Resolution #2013- to authorize the Mayor to
send a letter to the Department of Transportation expressing support of such proposal.
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Grand Island Council Session - 3/26/2013 Page 168 / 206
Airline
Sovereign Air Inc. *DEN (Denver, CO)$1,991,947.00
Jetstream Aircraft
(30 Seat)
18 roundtrips
/weekly
*Sovereign Air Inc., does not have
Economic Authority, making this
Proposal invalid (per DOT).
Hall County Airport Authority
Central Nebraska Regional Airport
3743 Sky Park Road
Grand Island, NE 68801
2013 ESSENTIAL AIR SERVICE (EAS) BIDS
Destination Bid Aircraft Type Frequency
American Airlines DFW (Dallas/Fort Worth, TX)$1,837,021.00
Embraer Regional Jet
(44-50 Seat)
13 roundtrips
/weekly
Grand Island Council Session - 3/26/2013 Page 169 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-87
WHEREAS, the Central Nebraska Regional Airport has been working diligently
to improve the air service options available to central Nebraskans and to increase the number of
enplanements from the Central Nebraska Regional Airport; and
WHEREAS, on March 13, 2013, the Hall County Airport Authority Board
approved a resolution authorizing a recommendation to the Department of Transportation to
allow American Airlines to provide thirteen (13) weekly round trip nonstop flights to Dallas/Fort
Worth International Airport in Dallas/Fort Worth, Texas; and
WHEREAS, the recommendation would serve more passengers in central
Nebraska, and would be the best use of federal Essential Air Service subsidies, and
WHEREAS, the City of Grand Island supports the efforts to increase affordable,
convenient options for air travel for central Nebraska; and
WHEREAS, increased air traffic to serve central Nebraska would be a valuable
asset to the community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the
City of Grand Island hereby pledge their full support, endorsement, and cooperation with the
efforts of the Hall County Airport Authority in submitting a recommendation to the Department
of Transportation seeking Essential Air Service improvement funding to allow American
Airlines to provide thirteen (13) weekly round trip nonstop flights to Dallas/Fort Worth
International Airport in Dallas/Fort Worth, Texas.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a
letter to the Department of Transportation expressing support of such proposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 170 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item I2
#2013-88 - Approving Final Plat and Subdivision Agreement for
Summerfield Estates 8th Subdivision
Staff Contact: Chad Nabity
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Council Agenda Memo
From: Regional Planning Commission
Meeting: March 26, 2013
Subject: Summerfield Estates 8th Subdivision - Final Plat
Item #’s: I-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located west of US Hwy 281 and south of State Street in the City of
Grand Island, in Hall County, Nebraska. Consisting of (27 Lots) and 12.22 acres.
Discussion
The revised plat for Summerfield Estates 8th Subdivision Final Plat was considered by the Regional Planning Commission at the March 6, 2013 meeting.
A motion was made by Ruge to approve the plat as presented with the proposed drainage
changes that have been made and seconded by Amick. O’Neill added to the findings of
fact with the install of the new drainage systems they are decreasing the amount of drainage that will flow into this area and this should have a positive impact on the drainage issue in this area.
A roll call vote was taken and the motion passed with 9 members present and 8 voting in
favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, and Snodgrass) and one voting against (Eriksen).
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
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Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
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Little B’s Corporation Developer/Owner
Little B’s Corporation 4444 W 13th St
Grand Island NE 68803
To create 27 lots located west of US Hwy 281 and south of State Street in the City of
Grand Island, in Hall County, Nebraska. Size: 12.22 acres
Zoning: R1 – Suburban Residential Zone
Road Access: City Roads
Water Public: City water will be available as extension will be required with this
subdivision Sewer Public: City sewer is available.
Grand Island Council Session - 3/26/2013 Page 175 / 206
Agenda Item #6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
March 6, 2013
SUBJECT:Summerfield 8th Subdivision
PROPOSAL:To subdivide 12.22 acres of property located west of US Hwy 281 and
south of State Street, in the City of Grand Island. This will create an additional 27
residential lots at the north end of the subdivision and provide street access to the
subdivision from State Street in conformance with the approved preliminary plat for the
subdivision.
OVERVIEW:
This item was considered for approval at the February 6th Planning Commission
Meeting. It was tabled due to concerns regarding the drainage within the built out
portions of the subdivision. Summerfield 8th Subdivision is the next phase of and the
furthest downstream portion of the drainage that is in place for the Summerfield
subdivision. This entire subdivision was designed to drain to the back of the lots in the
center of the subdivision and across the back of those lots into Moore’s Creek Drainway.
A concrete flume was placed at the back of the lots to carry water to a 36 inch culvert
located at the northern end of the subdivision that drains into the Moore’s Creek
Drainway just south of State Street. The south side of the 8th subdivision is just at the
southern end of that culvert.
The concrete flume to the south of the culvert and the yards where the drainage
easement has been placed frequently hold water even in dry times due to water runoff
from sprinklers, subsurface drainage systems in the houses within the subdivision, and
backwater from Moore’s Creek. This runoff does create a nuisance condition behind
these houses. A plan was developed that would have resulted in extending a culvert
south along the concrete flume several hundred feet covered with dirt. This covered
storm sewer system would have served to hide the nuisance water in a manner
consistent with the storm sewer systems across the city of Grand Island. Water held
within the system is the normal course of events. In this case that water is visible as the
system is not buried. A drainage district was proposed to pay for the costs involved with
burying this system at the February 26, 2013 Grand Island City Council meeting. After
extensive testimony and discussing the Grand Island City Council chose not to create
the drainage assessment district in accordance with the wishes of some of the home
owners. Home owners backing onto the concrete flume testified both against and for the
proposed solution.
The Moore’s Creek Drainway was designed to carry storm water but is also carrying
both runoff from sprinklers and subsurface drainage systems throughout northwest
Grand Island. This subdivision contributes storm drainage as planned for with the
Northwest Drainage Study. The performance of the Moore’s Creek Drainway has been
poor because of the lack of maintenance due to constantly having water in the ditch
because of subsurface drainage systems. During the drought last year the Grand Island
Streets department was able to get into the ditches and perform maintenance, in many
Grand Island Council Session - 3/26/2013 Page 176 / 206
cases for the first time since the system was built. These improvements should increase
both the ability of the system to move water to Eagle Scout Lake and the capacity of the
system to hold water. These improvements may have a positive impact on the drainage
in the built out portions of Summerfield Estates.
Summerfield 8th Drainage
Summerfield 8th Subdivision is at the very end of the Summerfield drainage area, just
before it connects to the Moore’s Creek Drainway. There is not adequate elevation at
this location to create additional water storage that could flow into the Moore’s Creek
Drainway. The developer is proposing to modify the inlets and drainage for the
Summerfield 8th Subdivision in a manner that will minimize the drainage from and impact
this phase of the development on the water that collects in that concrete flume and the
existing drainage easement across other lots in the subdivision. Instead of draining the
curb inlets from this phase of the development into the existing 36 inch culvert as
originally planned the engineers have proposed draining those inlets to a new pipe that
would be installed as shown on the attached exhibit through the head wall of the
concrete outlet directly into the Moore’s Creek Drainway. Area storm inlets are also
proposed on Meadow Road where it begins to curve to the east that will drain directly to
the Moore’s Creek Drainway where it crosses North Road.
This subdivision and the property here cannot be used to solve the ongoing issues with
nuisance water along the back of properties to the north. The developer is proposing a
plan that would minimize the impact this subdivision has on the existing drainage by
taking water from this phase of the development directly to the Moore’s Creek Drainway
rather than into the existing culvert that could impact the water in the concrete flume.
RECOMMENDATION:
That the Regional Planning Commission recommend that the Grand Island City
Council approval of Summerfield 8th Subdivision as proposed with the additional
culverts that drain directly into the Moore’s Creek Drainway and minimize the impact
of this phase of the development on the existing conditions to the south.
___________________ Chad Nabity AICP, Planning Director
Grand Island Council Session - 3/26/2013 Page 177 / 206
January 25, 2013
Dear Members of the Board:
RE: Final Plat – Summerfield Estates 8th Subdivision – Final Plat
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted final plat of Summerfield Estates 8th Subdivision, located in the
City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 27 lots, on a tract of land consisting of part of the
West Half of the Southwest Quarter (W1/2, SW1/4) of Section Twelve (12),
Township Eleven (11) North, Range Ten (10), in the City of Grand Island, Hall
County, Nebraska, and said tract containing 12.22 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on February 6, 2013 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Manager of Postal Operations
Olsson Associates
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/26/2013 Page 178 / 206
Grand Island Council Session - 3/26/2013 Page 179 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-88
WHEREAS, Little B’s Corporation, A Nebraska Corp., being the owners of the
land described hereon, has caused same to be surveyed, subdivided, platted and designated as
“SUMMERFIELD ESTATES 8TH SUBDIVISION”, to be laid out into 27 lots, a tract of land
consisting of part of the West Half of the Southwest Quarter (W1/2, SW1/4) of Section Twelve
(12), 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 SUMMERFIELD ESTATES
8TH 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, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 180 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item I3
#2013-89 - Approving Preliminary Plat and Final Plat and
Subdivision Agreement for Summerfield Estates 9th Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 3/26/2013 Page 181 / 206
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 26, 2013
Subject: Summerfield Estates 9th Subdivision – Revised
Preliminary & Final Plat
Item #’s: I-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This property is located west of US Hwy 281 and south of State Street, in the City of
Grand Island, in Hall County, Nebraska, changes to the proposed lot and street layout in
the southeast part of the subdivision, in the City of Grand Island, in Hall County,
Nebraska. Consisting of (5 Lots) and 2.75 acres.
Discussion
The revised plat for Summerfield Estates 9th Final Plat was considered by the Regional
Planning Commission at the February 6, 2013 meeting.
A motion was made by Bredthauer and seconded by Ruge to approve the plat as
presented.
A roll call vote was taken and the motion passed with 8 members present and voting in
favor (McCarty, O’Neill, Ruge, Hayes, Amick, Haskins, 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 - 3/26/2013 Page 182 / 206
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 3/26/2013 Page 183 / 206
Grand Island Council Session - 3/26/2013 Page 184 / 206
Little B’s Corporation Developer/Owner
Little B’s Corporation 4444 W 13th St
Grand Island NE 68803
To create 27 lots located west of US Hwy 281 and south of State Street in the City of
Grand Island, in Hall County, Nebraska. Size: 12.22 acres
Zoning: R1 – Suburban Residential Zone
Road Access: City Roads
Water Public: City water will be available as extension will be required with this
subdivision Sewer Public: City sewer is available.
Grand Island Council Session - 3/26/2013 Page 185 / 206
January 25, 2013
Dear Members of the Board:
RE: Final Plat – Summerfield Estates 9th Subdivision – Revised Preliminary
Plat & Final Plat
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted revised preliminary plat & final plat of Summerfield Estates 9th
Subdivision, located in the City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 27 lots, on a tract of land consisting of part of the
West Half of the Southwest Quarter (W1/2, SW1/4) of Section Twelve (12),
Township Eleven (11) North, Range Ten (10), in the City of Grand Island, Hall
County, Nebraska, and said tract containing 12.22 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on February 6, 2013 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Manager of Postal Operations
Olsson Associates
This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126.
Grand Island Council Session - 3/26/2013 Page 186 / 206
Grand Island Council Session - 3/26/2013 Page 187 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-89
WHEREAS, Little B’s Corporation, A Nebraska Corp., being the owners of the
land described hereon, has caused same to be surveyed, subdivided, platted and designated as
“SUMMERFIELD ESTATES 9TH SUBDIVISION”, to be laid out into 5 lots, a tract of land
consisting of part of the West Half of the Southwest Quarter (W1/2, SW1/4) of Section Twelve
(12), 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 SUMMERFIELD ESTATES
9TH 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, March 26, 2013.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 188 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item I4
#2013-90 - Consideration of Approving Legislative Assistance
Staff Contact: Mary Lou Brown
Grand Island Council Session - 3/26/2013 Page 189 / 206
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:March 26, 2013
Subject:Legislative Assistance
Item #’s:I-4
Presenter(s):Mary Lou Brown, City Administrator
Background
The Greater Nebraska Cities (GNC) is considering a proposal from O’Hara, Lindsay &
Associates for legislative lobbying services. Grand Island, along with Hastings, Kearney,
Holdrege, Lexington and North Platte, make up the GNC. Four of the communities are in
support of moving ahead with the proposal; Grand Island and North Platte are in the
review stage.
Collectively, the GNC wants to do a better job with the legislative process and feels this
proposal is a viable solution. Without a dedicated presence during the legislative session,
we are not able to fully impact bills as they are presented, amended and debated.
The League of Nebraska Municipalities currently provides lobbying support for all
Nebraska municipalities. Because they represent all municipalities, there are times its
position is different from the one we would advocate.
Discussion
The proposal from O’Hara, Lindsay & Associates includes a three phase approach. As a
member of the GNC, Grand Island’s portion of the retainer is $12,000. The total cost to
the GNC is $36,000 and it is distributed to the six cities on the basis of population.
Individual city representation is also available. O’Hara, Lindsay & Associates may be
hired at a negotiated rate which will be capped at $20,000 for Grand Island.
Acceptance of the proposal will insure the GNC has dedicated and experienced
professionals with existing relationships to help represent our interests.
Grand Island Council Session - 3/26/2013 Page 190 / 206
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 Grand Island’s participation in
the O’Hara, Lindsay & Associates retainer with the GNC at the $12,000 level.
Sample Motion
Move to approve Grand Island’s participation in the O’Hara, Lindsay & Associates
retainer with the GNC at the $12,000 level.
Grand Island Council Session - 3/26/2013 Page 191 / 206
Proposal for Greater Nebraska Cities
February 27, 2013
After meeting with representatives of the member cities of the Greater Nebraska Cities, we put
together the following proposal for your review. This proposal brings together your concerns,
thoughts and ideas about the legislative process and the outcomes the GNC would like to achieve
in the future. As we do with all of our clients, our goal is to work with the GNC to create a
seamless communication process where your goals are met in a timely manner.
We look forward to working with you in the future and invite any additional thoughts or
questions about this process.
Sincerely,
John C. Lindsay
President
O’Hara Lindsay Government Affairs
“Educating our clients about government.
Educating government about our clients.”
Founded by Paul O’Hara in 1978, O’Hara, Lindsay Government Relations is one of Nebraska’s
oldest and largest lobbying firms. Over the last 35 years, the firm has grown to become a leader
in its field. We have gained a reputation for effectively advocating for our clients and getting
results.
In addition to effectively advocating for our clients, we pride ourselves on creating a seamless
communication process. The Nebraska Legislature moves at a fast pace and we have many tools
in place to ensure timely communication as issues develop. Each of our lobbyists read every bill
that is introduced during a legislative session and provides a synopsis of each bill pertinent to our
About the Firm
TEST
Grand Island Council Session - 3/26/2013 Page 192 / 206
clients. We have a sophisticated, state-of-the-art computer system that tracks each bill in which
a client has an interest and any activity associated with that bill. An email with this bill
information is provided every Friday with updates on the progress of the bills identified as
important.
At O’Hara, Lindsay Government Relations we understand that each client is unique. For that
reason, we work with clients on a variety of different issues in the manner most effective for the
client and their issues. We are committed to a high level of client service and adherence to
ethical principles. We have developed and maintained strong and trusting relationships with
legislators, state agencies, staff, and clients.
“Politics is not an end, but a means. It is not a product, but a process. It is the
art of government.”
- President Calvin Coolidge
John Lindsay, President/Lobbyist
• Nebraska state senator (1989-1997)
• Chair, Judiciary Committee (1993-97)
• Vice-Chair, Executive Board (1991-1993)
• Member of the following committees: Rules; Banking, Commerce & Insurance;
Government, Military & Veterans Affairs; Business & Labor; Agriculture; Reference;
and the Committee on Committees
• Born Omaha, Nebraska
• Creighton University (B.A., J.D., cum laude)
• Law clerk, Nebraska Supreme Court
• Private law practice (1985-1997)
• Wife, Mary Beth; four children
Contact John at jlindsay@oharalindsay.com
Don Wesely, Lobbyist
• Mayor, City of Lincoln (1999-2003)
• Nebraska state senator (1978-1998)
• Chair, Health & Human Services Committee (1985-1998)
• Chair, Rules Committee (1981-1982)
• Chair, Retirement Committee (1983-1984)
• Chair, Economic Development Committee (1986-1987)
• Held leadership positions in National Conference of State Legislatures
• Born David City, Nebraska
• University of Nebraska-Lincoln (B.A.)
• Three children
Contact Don at dwesely@oharalindsay.com
Who we are
Grand Island Council Session - 3/26/2013 Page 193 / 206
Rochelle Mallett, Lobbyist
• Legislative Aide, Senator Deb Fischer, now United States Senator (2009-2012)
• Legislative Aide, Senator Mike Flood (2005-2007)
• Born Omaha, Nebraska
• Nebraska Wesleyan University (B.S.)
• University of Wisconsin-Madison, LaFollette School of Public Affairs (M.P.A)
• Account Manager, Talent Plus (2007-2009)
• Husband, Phil Romberg; two children
Contact Rochelle at rmallett@oharalindsay.com
Lynn Meinke, Office Manager
• Joined the firm in 1997
• Distributes client legislative reports, billing, accounting, and vendor contacts
• Husband, Gary; three children
Claire Elser, Administrative Assistant
• Joined the firm in 2011
• Responsible for event organization and client and association communication
• University of Nebraska-Lincoln (B.A.)
• Husband, Stefan
“The lobby is where business intersects with politics.”
• Legislative Lobbying
In order to impact the legislative process, you must be heard. We help develop your
legislative strategy and message. We assist in creating committee testimony and in
identifying the appropriate person to deliver the testimony. We meet with senators and
staff to make sure that your concerns are understood.
Every lobbyist in the firm reads every bill and amendments so clients are never surprised.
We monitor and track all bills and amendments which may be of interest to you. Our
state-of-the-art computer system allows complete and timely reports to you.
Our job is to be our client’s eyes and ears in the Capitol, a constant presence to ensure
our clients are never surprised by legislative developments. Additionally, we provide
timely communication so our clients are always involved in the solution.
• Executive Branch Lobbying
We also provide a wide range of executive branch actions. We can assist with agency
rules and regulations, economic development efforts, agency procurement, creating
public-private partnerships and understanding the budget process. We help make certain
that the executive branch understands the impact government is having on your
organization.
What we do
Grand Island Council Session - 3/26/2013 Page 194 / 206
• Required Reporting
State law requires that various reports reflecting lobbying activity and political
contributions be filed with the appropriate government entity. We prepare your forms
and remind you to file them so that filings are made on a timely basis.
“Politics is the art of the possible.”
- Otto von Bismarck
O’Hara, Lindsay Government Relations is one of Nebraska’s oldest and largest lobbying firms.
The company was founded in 1978 and represents a diverse clientele with interests in banking,
education, energy, health care, insurance, law, manufacturing, telecommunications and
information technology.
Current clients include:
Energy Manufacturing & Business
SourceGas Distribution, LLC (1979) Nebraska Beverage Association (1979)
Omaha Public Power District (1979) Nucor Steel (1983)
Black Hills Energy (1997) Alter Trading Corporation (2008)
Northern Natural Gas (2012) Alliance of Automobile Manufacturers (1999)
NE Assoc. of Center Pivot Manufacturers (2006)
Arts & Humanities NE American Institute of Architects (2007)
Nebraska Humanities Council (1987) Vandelay Investments (2012)
Housing Education
Nebraska Association of Housing and Omaha Public Schools (2003)
Redevelopment Officials (2002)
Government
Law City of Lincoln (2006)
Nebraska Association of Trial Attorneys (1980) City of Hastings (2004)
Nebraska County Judges Association (1996) Winnebago Tribe of Nebraska (1993)
Nebraskans Against the Death Penalty (2007)
Nebraskans for Rate Equity (2011) Health Care & Insurance
Blue Cross & Blue Shield of Nebraska (1989)
Technology & Information Systems Nebraska Association of Independent
Experian Automotive (2013) Ambulatory Centers (1999)
GeoSolutions (2008) Nebraska Nurses Association (2010)
Motorola (2003)
Nebraska Rural Broadband Coalition (2011) Banking
Teradata (2011) First National Bank of Omaha (1980)
Who we represent
Grand Island Council Session - 3/26/2013 Page 195 / 206
Phase One: Identify Immediate Needs
Schedule quarterly meeting One Week from beginning of contract
Determine priorities One Week
Based on GNC priorities, O’Hara Lindsay
will provide immediate recommended course
of action.
One Week and on-going
Phase Two: Prepare for the Future
Annual Legislative Meeting
Day One Proposed Schedule:
• O’Hara Lindsay will provide
education on the Legislature including,
but not limited to, overview of the
Legislative process, committee chairs
and membership, important issues for
the coming session, insight on
candidates and elections.
• GNC membership will provide
overview, background and direction
on key issues for the upcoming
session.
• In collaboration, O’Hara Lindsay and
GNC will develop a legislative session
strategy and action plan.
Day Two Proposed Schedule:
• Meet with the GNC state senator
delegation to educate them about
GNC’s priorities for the legislative
session and learn about their key
issues.
• After receiving feedback from the
delegation, refine the GNC session
strategy and action plan
Fall 2013 and on-going every fall
Phase Three: Ongoing Implementation
O’Hara Lindsay will provide weekly
legislative reports on bills identified by GNC.
This report will contain those bills identified
as important at the fall meeting, but will also
include bills O’Hara Lindsay has read and
identified as key to GNC. A sample of this
report is attached
Every Friday during the Legislative
session
O’Hara Lindsay will develop a structure to
regularly update the GNC delegation and their
staff about developments on issues.
On-going
O’Hara Lindsay encourages phone calls,
phone conferences, emails and meetings as
needed throughout the year to discuss
concerns, developments or any other issues.
On-going
Strategy for Success
Grand Island Council Session - 3/26/2013 Page 196 / 206
Regular meetings
• Fall Legislative meeting
• Annual end of session meeting to
review the previous legislative session
and set any priorities for the interim,
including monitoring and attending
interim studies.
Fall/Spring
O’Hara Lindsay proposes the following retainer structure based on membership cities
population:
O’Hara Lindsay may be retained by individual cities to represent them on issues in which the
GNC chooses not to engage. The minimum rate for retaining O’Hara Lindsay’s services is
currently $24,000 per year. O’Hara Lindsay will lower the standard rate for members of the
GNC. Any member city may hire O’Hara Lindsay at a negotiated rate, which shall be capped at
the following levels:
City Contribution
Grand Island $12,000
Kearney $7,000
Hastings $5,000
North Platte $5,000
Lexington $4,000
Holdrege $3,000
Total $36,000
City Capped Rate
Grand Island $20,000
Kearney $18,000
Hastings $18,000
North Platte $18,000
Lexington $10,000
Holdrege $10,000
Greater Nebraska Cities Retainer Structure
Individual City Representation
Grand Island Council Session - 3/26/2013 Page 197 / 206
We are excited about the opportunity to work with the Greater Nebraska Cities and its members.
We believe our experience, especially in municipal issues, would be beneficial to GNC. Should
you need further information, please feel free to contact any of us.
O'Hara, Lindsay Government Relations
1320 K Street • Lincoln, NE 68508 • (402) 474-6200 • Fax: (402) 474-6206 • www.oharalindsay.com
Conclusion
Grand Island Council Session - 3/26/2013 Page 198 / 206
R E S O L U T I O N 2013-90
WHEREAS, the City of Grand Island is a member of the Greater Nebraska Cities
(GNC); and
WHEREAS, the GNC would like to retain O’Hara, Lindsay & Associates for
legislative assistance; and
WHEREAS, the City of Grand Island’s portion of the retainer fee is $12,000 on an
annual basis; and
WHEREAS, the City of Grand Island supports the GNC’s desire to retain
legislative assistance;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Grand Island’s participation in
the O’Hara, Lindsay & Associates retainer with the GNC at the $12,000 level is hereby
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form
City Attorney
Grand Island Council Session - 3/26/2013 Page 199 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item I5
#2013-91 - Consideration of Approving Bonding for the Platte
Generating Station Mercury Air Toxic Standards - Air Quality
Control System
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 3/26/2013 Page 200 / 206
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:March 26, 2013
Subject:Declaration of Intent to Issue Bonds for Platte Generating
Station for the Mercury Air Toxic Standards, Air Quality
Control System Project
Item #’s:I-5
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
Grand Island Council Session - 3/26/2013 Page 201 / 206
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
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
Grand Island Council Session - 3/26/2013 Page 202 / 206
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 and on January 23, 2013, Council approved the award of the MATS
Compliance Retrofit Project to AMEC for $41,189,331.
Discussion
As previously proposed to Council, the capital cost of approximately $41.2 million for
this project will be funded by bonding. In light of previously enacted federal
environmental regulations, court-imposed stays or reversals are possible with the MATS
rule, therefore, to allow more insight as to any litigation that may be pursued by interest
groups, the recommendation by the Department is that initial costs for this contract be
funded using electric system cash reserves until a level is reached that begins to impact
reserve minimum levels, probably by the third or fourth quarter of 2013. Until the
bonding is in place, our bond underwriter, Ameritas, has advised that the City should
declare their intention to use bond revenue to fund the capital improvements for the
project. This will allow bond proceeds to be use for costs of the project prior to the bonds
being issued and the funds are received. The declaration of intent to issue bonds includes
the $41.2 million for the capital cost of the project plus estimated bond issuance costs.
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 declaration of intent to
issue bonds to reimburse expenses resulting from the procurement and installation of a
Mercury Air Toxic Standards - Air Quality Control System Project.
Sample Motion
Move to approve the declaration of intent to issue bonds to reimburse expenses resulting
from the procurement and installation of a Mercury Air Toxic Standards - Air Quality
Control System Project.
Grand Island Council Session - 3/26/2013 Page 203 / 206
Approved as to Form ¤ ___________
March 22, 2013 ¤ City Attorney
R E S O L U T I O N 2013-91
WHEREAS; the Mayor and Council of the City of Grand Island hereby find and
determine that it is necessary and appropriate to declare their official intent to issue tax-exempt
bonds on behalf of the City, and in addition, the City’s reasonable expectations to reimburse
certain expenditures with the proceeds of such bonds as proposed to be issued by the City in
connection with the proposed project as described below.
WHEREAS; this Resolution shall stand as a statement of the City’s official intent
under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such
purpose the following information is hereby given:
1.A general functional description of the project for which expenditures may be
made and reimbursement from bond proceeds provided is as follows:
The procurement and installation of the Mercury Air Toxic Standards – Air
Quality Control System Project.
2.The maximum principal amount of debt expected to be issued for such project
is $47 million dollars.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the declaration of intent to issue bonds to
reimburse expenses resulting from the procurement and installation of the Mercury Air Toxic
Standards – Air Quality Control System Project is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 26, 2013.
_____________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 3/26/2013 Page 204 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item J1
Approving Payment of Claims for the Period of March 13, 2013
through March 26, 2013
The Claims for the period of March 13, 2013 through March 26, 2013 for a total amount of
$4,896,200.97. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 3/26/2013 Page 205 / 206
City of Grand Island
Tuesday, March 26, 2013
Council Session
Item X1
Strategy Session with Respect to FOP Negotiations and Threatened
Litigation
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Robert Sivick
Grand Island Council Session - 3/26/2013 Page 206 / 206