02-11-2014 City Council Regular Meeting Packet
City of Grand Island
Tuesday, February 11, 2014
Council Session Packet
City Council:
Linna Dee Donaldson
John Gericke
Peg Gilbert
Chuck Haase
Julie Hehnke
Kent Mann
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Mark Stelk
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
Grand Island Council Session - 2/11/2014 Page 1 / 158
City of Grand Island Tuesday, February 11, 2014
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 - Reverend Theresa Mason, Trinity United Methodist Church, 511
North Elm Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 2/11/2014 Page 2 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item C-1
Proclamation “Fur' tastic Day” February 15, 2014
The purpose of the Central Nebraska Humane Society is to provide shelter to lost and homeless animals,
to educate the community about the humane care and treatment of all animals, to advocate animal
welfare, and to further the bond between people and animals. Saturday, February 15, 2014 the Central
Nebraska Humane Society will celebrate their annual "Fur Ball" fund raiser. The Mayor has
proclaimed Saturday, Februrary 15, 2014 as "Fur' tastic Day". See attached PROCLAMATION.
Staff Contact: Mayor Jay Vavricek
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item E-1
Public Hearing on Request from Full Circle Venue LLC dba Full
Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location
for Class “C-88739” Liquor License to 3333 Ramada Road
Staff Contact: RaNae Edwards
Grand Island Council Session - 2/11/2014 Page 6 / 158
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:February 11, 2014
Subject:Public Hearing on Request from Full Circle Venue LLC
dba 1010 Diers Avenue, Suite 4 for a Change of Location
for Class “C-88739” Liquor License to 3333 Ramada
Road
Item #’s:E-1 & I-1
Presenter(s):RaNae Edwards, City Clerk
Background
Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 has submitted
an application for a Change of Location for their Class “C-88739” Liquor License to
3333 Ramada Road.
In June 2012, Denny’s requested and received a liquor license which did not include the
Convention Center area. Starting in December 2012 we began receiving requests for
Special Designated Liquor (SDL) Licenses for the Convention area. We approved four
SDLs in a two month period and began discussions with the owner and applicants that the
intent of the Liquor Control Commission was not to use SDLs in place of a permanent
license.
Numerous discussions were held with the owner regarding building and fire code
requirements.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments. Attached is the Police Department’s
background investigation and recommendation along with a map of the Convention
Center area to be covered by this request.
Approval was given by the City Council on May 9, 2013 to Denny’s for a Liquor License
for the area of the Convention Center pending code compliance, which was never
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attained and subsequently has been withdrawn. The new application is requesting the
same location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City staff recommends that the Council deny this request or any additional
liquor licensing of this facility until such a time that the City receives a written
commitment of their intent to bring the building into Fire & Life Safety codes.
Sample Motion
Move to deny the application for a change of location requested by Full Circle Venue
LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 to 3333 Ramada Road for the
Class “C-88739” Liquor License based on the above findings.
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02/04/14 Grand Island Police Department 450
09:50 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 15:37:59 02/03/2014
Occurred before : 15:37:59 02/03/2014
When reported : 15:37:59 02/03/2014
Date disposition declared : 02/03/2014
Incident number : L14020259
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 3333 Ramada Rd
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 14250
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 56540 02/03/14 Williams, Misti A Owner
NM 64076 02/03/14 Williams, Casey J Owner
NM 69835 02/03/14 Howard Johnson Riverside Inn, Establishment
NM 156454 02/03/14 Full Circle Venue, Establishment
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT14 LT14 Hotel/Motel/Etc.
LAW INCIDENT NARRATIVE:
Full Circle Venue is Requesting a Change of Location for Their Liquor
License.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
Grand Island Council Session - 2/11/2014 Page 10 / 158
-- ---- ------------------------------ ----------
1 AOFF AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 15:58:29 02/03/2014
318
Grand Island Police Department
Supplemental Report
Date, Time: Mon Feb 03 15:58:40 CST 2014
Reporting Officer: Vitera
Unit- CID
Full Circle Venue is trying to change the location of their liquor
license from 1010 N. Diers Ave. Suite 4 to 3333 Ramada Road. I did the
original investigation when Full Circle Venue received its license over
three and one half years ago. Since then, we have had very few problems
with Full Circle Venue.
I did a quick check on the owners (Misti and Casey Williams) to see if
their criminal history had significantly changed. I looked up Misti and
Casey in Spillman and NCJIS. Casey had nothing new in NCJIS. Misti had an
alcohol sale to a minor on 12/9/11. They each had a couple of new entries
in Spillman but nothing too damaging to their liquor license.
It is my understanding that the Fire Department and the Building
Department have serious concerns about the building located at 3333
Ramada Road and have been trying to work with the manager and owner of
the building to address their concerns. SDL requests have recently been
denied due to their safety concerns. Since the SDL's have been denied, a
permanent license is also out of the question until the safety issues are
resolved.
In summary, from strictly a law enforcement perspective that is concerned
with criminal activity of the owners/applicants of Full Circle Venue and
the business itself, the Grand Island Police Department would normally
not object to this change of location due to the lack of such activity.
However, knowing that the Fire Department and the Building Department
will not approve of a liquor license at this location until corrective
action is taken or at least planned, the Police Department will
acknowledge their concerns and yield to their position and not give a
positive recommendation until one is given by them.
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item E-2
Public Hearing on Acquisition of Public Right-of-Way in Section
24, Township 11 North, Range 10 (Little B's Corporation)
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:February 11, 2014
Subject:Public Hearing on Acquisition of Public Right-of-Way in
Section 24, Township 11 North, Range 10 (Little B’s
Corporation)
Item #’s:E-2 & G-8
Presenter(s):John Collins PE, Public Works Director
Background
Street Improvement District No. 1261; Westgate Road – North Road East to Paved
Section of Westgate Road, was created by the City Council on April 23, 2013. In order
for this district to be constructed the City needs to acquire public right-of-way, as shown
on the attached sketch.
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council.
Discussion
Engineering staff of the Public Works Department have negotiated with the property
owner to purchase the necessary right-of-way to construct property drainage for Street
Improvement District No. 1261. This public right-of-way will allow for improved
drainage by connecting the initial phase of the Moores Creek Drainway to the Westgate
Industrial Park Road area.
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 public right-of-way.
Sample Motion
Move to conduct a Public Hearing and approve the acquisition of the public right-of-way.
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item E-3
Public Hearing on Acquisition of Utility Easements in Copper
Creek Estates 3rd Subdivision (The Guarantee Group, LLC)
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:February 11, 2014
Subject:Public Hearing on Acquisition of Utility Easements in
Copper Creek Estates 3rd Subdivision (The Guarantee
Group, LLC)
Item #’s:E-3 & G-9
Presenter(s):John Collins PE, 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 utility easement
needs to be relocated in the Copper Creek Estates 3rd Subdivision to accommodate
replatting. The easement will allow for the construction, operation, maintenance,
extension, repair, replacement, and removal of utilities within the easement.
Discussion
To allow for replatting of lots within the Copper Creek Estates 3rd Subdivision the
developer has requested to relocate an existing easement. The vacation of the existing
easement is being presented at tonight’s meeting also. The attached sketch details where
these easements will be located.
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 Easements.
Sample Motion
Move to approve the acquisition of the Easements.
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item E-4
Public Hearing on the One & Six Year Street Improvement Plan
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:February 11, 2014
Subject:Public Hearing on the One & Six Year Street
Improvement Plan
Item #’s:E-4 & I-2
Presenter(s):John Collins PE, Public Works Director
Background
The One & Six Year Street Improvement Plan consists of the transportation projects in
the Capital Improvement Program and is mandatory by State Law as part of the
requirements to receive approximately three million dollars of state gas tax funds each
year. The Public Works Department develops this program through a process to
prioritize street projects taking into consideration many factors such as:
Availability of funds
Condition of the street
Traffic counts
Eligibility for State/Federal funds
Redevelopment patterns
Public/Council input
The City engages in a public process to ensure public input into the policy making
process. The proposed One & Six Year Street Improvement Plan is a result of the
following steps:
Wednesday, February 5, 2014 – Regional Planning Commission conducted a
Public Hearing and forwarded the recommendation to the City Council
Tuesday, February 11, 2014 – City Council hears presentation from Staff,
conducts Public Hearing and passes a Resolution adopting the plan
March 1, 2014 – One & Six Year Street Improvement Plan due at the Nebraska
Department of Roads
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Discussion
A Public Hearing was conducted, testimony received and discussion held on the One &
Six Year Street Improvement Plan at the Grand Island/Hall County Regional Planning
Commission meeting on February 5, 2014. The commission forwarded the One & Six
Year Street Improvement Plan to the City Council with a recommendation for approval.
The projects listed in the One & Six Year Plan for calendar year 2014 are considered
definite projects. These projects were in the approved fiscal year 2014 budget. Many of
the projects listed in the One & Six Year Plan for 2015 through 2019 are included in the
City’s budget, but are subject to schedule changes depending upon coordination and
approval of State and Federal funding.
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 conduct a Public Hearing and approve
the One & Six Year Street Improvement Plan.
Sample Motion
Move to approve the One & Six Year Street Improvement Plan.
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PUBLIC WORKS
1 & 6 YEAR STREET
IMPROVEMENT PLAN
Presented by: John Collins
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PUBLIC WORKS
2013 COMPLETED PROJECTS
(FROM 1 & 6 STREET IMPROVEMENT PLAN)
**DOES NOT INCLUDE ALL CIP PROJECTS
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PUBLIC WORKS
US HIGHWAY 30 DRAINAGE
IMPROVEMENTS
Construct storm sewer to the detention cell at the former
location of the Wasmer Elementary School from
connections on Second St at Logan St, Broadwell Ave, and
Madison St
Improvements will significantly reduce the likelihood of
flooding during storm events on Second St
Other benefits include reconstruction of sidewalk ramps to
American with Disabilities Act standards, construction of
new concrete pavement, and relief for storm sewer
draining Third St north of the project area
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PUBLIC WORKS
FEDERAL AID RESURFACING –
VARIOUS LOCATIONS
Consists of upgrades/maintenance to existing asphalt
streets
The project will improve approximately 4.6 miles of city
streets and is planned at the following locations
Blaine Street – Garland Street to Beltline Trail
First Street – Walnut Street to Sycamore Street
North Road – 13th Street to State Street
Independence Avenue – Capital Avenue to Nebraska Highway 2
Broadwell Avenue – Anna Street to State Street
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PUBLIC WORKS
CAPITAL AVENUE WIDENING – WEBB TO
BROADWELL
This proposed project consists of removal of the existing
24’ wide asphalt roadway and construction of new
concrete pavement. The new roadway will consist of back
-to-back curbed concrete pavement to accommodate a five
lane roadway (four through lanes and a common turning
lane).
Accommodation for traffic volumes and enhance motorist
and pedestrian safety. Reconstruction will address the
deterioration of the existing pavement, and widening of the
roadway will improve safety.
Sanitary sewer improvements and a hike/bike trailGrand Island Council Session - 2/11/2014 Page 33 / 158
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PUBLIC WORKS
HIGHWAY 30 RESURFACING
Roadway asphalt resurfacing from Wood River to
Grand Island
NDOR project with City participation
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PUBLIC WORKS
HIGHWAY 281 IN GI & NORTH
Full depth concrete repair and resurfacing
NDOR project with City participation
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PUBLIC WORKS
SKYPARK IMPROVEMENTS –
CAPITAL AVE TO AIRPORT RD
Part 1 of a two section objective
Improve road as a gateway into the City from the
Airport
This may also serve as an alternate truck route
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PUBLIC WORKS
SKYPARK IMPROVEMENTS –
AIRPORT RD TO ABBOTT RD
Part 2 of a two section objective
Improve road as a gateway into the City from the
Airport
Widen roadway and add lighting to improve safety
and accommodate higher traffic volume for increased
airport usage
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PUBLIC WORKS
SKYPARK RD & AIRPORT RD
INTERSECTION IMPROVEMENTS
Widen turning radii at intersection to meet geometric
requirements and better accommodate larger vehicles
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PUBLIC WORKS
FAIDLEY AVE EXTENSION FROM NORTH RD
TO EDGE OF CONCRETE(HEADING EAST)
Extend paving to join the two existing segments of
Faidley together.
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PUBLIC WORKS
BLAINE ST BRIDGE REPLACEMENT
Replace the north bridge structure with two box
culverts
Replace the south bridge structure with two Arch
RCP culvert pipes
Widen road to improve traffic flow
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PUBLIC WORKS
SHADY BEND ROAD – MILL &
RESURFACE/BRIDGE REPAIR
Resurfacing project to restore roadway to structurally
sound state and accommodate increasing truck traffic.
Minor repairs to the bridge and box culvert
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PUBLIC WORKS
WESTGATE RD; NORTH RD EAST TO
PAVED SECTION OF WESTGATE RD
Paving Assessment District
District created by City Council on April 23, 2013
District continued by City Council on May 28, 2013
Continuation of paving on Westgate Road extending east
from North Road to the existing pavement on Westgate
Road
Will connect the initial phase of the Moores Creek
Drainway to this area and eliminate the ditch section
Project will be assessed to adjacent property owners
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PUBLIC WORKS
WEBB ROAD; N FROM STOLLEY PARK RD
TO UPRR
Paving Assessment District
District created by City Council on February 12, 2013
District continued by City Council on April 9, 2013
Widening the roadway from 24’ to 41’ for a 3 lane
section with improved drainage and elimination of
the ditch section
Project cost will be assessed to adjacent property
owners
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PUBLIC WORKS
1 & 6 YEAR STREET IMPROVEMENT PLAN
**DOES NOT INCLUDE ALL CIP PROJECTS
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item F-1
#9473 - Consideration of Vacation of a Utility Easement Located in
Copper Creek Estates 3rd Subdivision (The Guarantee Group,
LLC)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 56 / 158
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:February 11, 2014
Subject:Consideration of Vacation of a Utility Easement Located
in Copper Creek Estates 3rd Subdivision (The Guarantee
Group, LLC)
Item #’s:F-1
Presenter(s):John Collins PE, Public Works Director
Background
A utility easement was dedicated with the original Copper Creek Estates Subdivision plat
on July 31, 2006. Such easement is not necessary to accommodate existing or proposed
utilities.
Discussion
The developer/property owner of Copper Creek Estates 3rd Subdivision is requesting to
vacate the originally dedicated easement. There are no utilities currently within this
easement that will be affected by this vacation. The attached sketch details the referenced
easement to be vacated.
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 - 2/11/2014 Page 57 / 158
Recommendation
City Administration recommends that the Council pass an ordinance vacating the
easement located in Copper Creek Estates 3rd Subdivision.
Sample Motion
Move to pass an ordinance vacating the easement.
Grand Island Council Session - 2/11/2014 Page 58 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9473
An ordinance to vacate existing utility easement and to provide for filing this
ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any
ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That an existing utility easement within Copper Creek Estates 3rd
Subdivision in Grand Island, Hall County, Nebraska, more particularly described as follows:
TRACT NO. 1
A TRACT OF LAND COMPRISING A PART OF LOTS THIRTY EIGHT (38) AND FORTY
ONE (41), COPPER CREEK ESTATES THIRD SUBDIVISION, IN THE CITY OF GRAND
ISLAND, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT THIRTY EIGHT (38);
THENCE RUNNING NORTHERLY ON THE WEST LINE OF SAID LOT THIRTY EIGHT
(38), A DISTANCE OF THREE HUNDRED THIRTY FIVE (335.00) FEET, TO THE
NORTHWEST CORNER OF SAID LOT THIRTY EIGHT (38); THENCE RUNNING
EASTERLY ON THE NORTH LINE OF SAID LOT THIRTY EIGHT (38), A DISTANCE OF
ONE HUNDRED EIGHTY (180.00) FEET, TO THE NORTHEAST CORNER OF SAID LOT
THIRTY EIGHT (38); THENCE RUNNING SOUTHERLY ON THE EAST LINE OF SAID
LOT THIRTY EIGHT (38), A DISTANCE OF NINETY TWO (92.00) FEET, TO THE
NORTHEAST CORNER OF LOT THIRTY NINE (39), COPPER CREEK ESTATES THIRD
SUBDIVISION; THENCE RUNNING WESTERLY ON THE NORTH LINE OF LOT
Grand Island Council Session - 2/11/2014 Page 59 / 158
ORDINANCE NO. 9473 (Cont.)
- 2 -
THIRTY NINE (39), COPPER CREEK ESTATES THIRD SUBDIVISION, A DISTANCE OF
FIVE (5.00) FEET; THENCE RUNNING NORTHERLY PARALLEL WITH AND FIVE (5.00)
FEET WEST OF THE EAST LINE OF SAID LOT THIRTY EIGHT (38), A DISTANCE OF
EIGHTY TWO (82.00) FEET, TO A POINT TEN (10.00) FEET SOUTH OF THE NORTH
LINE OF SAID LOT THIRTY EIGHT (38); THENCE RUNNING WESTERLY PARALLEL
WITH AND TEN (10.00) FEET SOUTH OF THE NORTH LINE OF SAID LOT THIRTY
EIGHT (38), A DISTANCE OF ONE HUNDRED SIXTY FIVE (165.00) FEET, TO A POINT
TEN (10.00) FEET EAST OF THE WEST LINE OF SAID LOT THIRTY EIGHT (38),
THENCE RUNNING SOUTHERLY PARALLEL WITH AND TEN (10.00) FEET EAST OF
THE WEST LINE OF SAID LOT THIRTY EIGHT (38), A DISTANCE OF THREE
HUNDRED FIFTEEN (315.00) FEET, TO A POINT TEN (10.00) FEET NORTH OF THE
SOUTH LINE OF SAID LOT THIRTY EIGHT (38); THENCE RUNNING EASTERLY
PARALLEL WITH AND TEN (10.00) FEET NORTH OF THE SOUTH LINE OF SAID LOT
THIRTY EIGHT (38), A DISTANCE OF ONE HUNDRED (100.00) FEET, TO A POINT
THIRTY (30.00) FEET EAST OF THE WEST LINE OF SAID LOT FORTY ONE (41);
THENCE RUNNING SOUTHERLY PARALLEL WITH AND THIRTY (30.00) FEET EAST
OF THE WEST LINE OF SAID LOT FORTY ONE (41), A DISTANCE OF SEVEN (7.00)
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT FORTY ONE (41); THENCE
RUNNING WESTERLY ON THE SOUTH LINE OF SAID LOT FORTY ONE (41), A
DISTANCE OF TEN (10.00) FEET, TO THE NORTHWEST CORNER OF LOT FORTY TWO
(42), COPPER CREEK ESTATES THIRD SUBDIVISION; THENCE RUNNING
SOUTHERLY ON THE WEST LINE OF LOT FORTY TWO (42), COPPER CREEK
ESTATES THIRD SUBDIVISION, A DISTANCE OF THREE (3.00) FEET, TO THE
SOUTHEAST CORNER OF SAID LOT THIRTY EIGHT (38); THENCE RUNNING
WESTERLY ON THE SOUTH LINE OF SAID LOT THIRTY EIGHT (38), A DISTANCE OF
NINETY (90.00) FEET, TO THE POINT OF BEGINNING AND CONTAINING 0.145 ACRE
(6330 SQ. FT.) MORE OR LESS.
AND
TRACT NO. 2
A TRACT OF LAND COMPRISING A PART OF LOTS THIRTY EIGHT (38), THIRTY
NINE (39), FORTY (40) AND FORTY ONE (41), COPPER CREEK ESTATES THIRD
SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT TEN (10.00) FEET EASTERLY AND SEVEN (7.00) FEET
NORTHERLY OF THE NORTHWEST CORNER OF LOT FORTY TWO (42), COPPER
CREEK ESTATES THIRD SUBDIVISION; THENCE RUNNING WESTERLY PARALLEL
WITH AND SEVEN (7.00) FEET NORTH OF THE SOUTH LINE OF SAID LOT FORTY
ONE (41), A DISTANCE OF TWENTY (20.00) FEET, TO A POINT TEN (10.00) FEET EAST
OF THE WEST LINE OF SAID LOT FORTY ONE (41); THENCE RUNNING NORTHERLY
PARALLEL WITH AND TEN (10.00) FEET EAST OF WEST LINE OF LOTS THIRTY NINE
(39), FORTY (40), AND FORTY ONE (41), AND ITS EXTENSION, A DISTANCE OF
THREE HUNDRED FIFTEEN (315.00) FEET, TO A POINT TEN (10.00) FEET SOUTH OF
Grand Island Council Session - 2/11/2014 Page 60 / 158
ORDINANCE NO. 9473 (Cont.)
- 3 -
THE NORTH LINE OF SAID LOT THIRTY EIGHT (38); THENCE RUNNING EASTERLY
PARALLEL WITH AND TEN (10.00) FEET SOUTH OF THE NORTH LINE OF SAID LOT
THIRTY EIGHT (38), A DISTANCE OF TWENTY (20.00) FEET; THENCE RUNNING
SOUTHERLY PARALLEL WITH AND THIRTY (30.00) FEET EAST OF THE WEST LINE
OF SAID LOTS THRITY NINE (39), FORTY (40) AND FORTY ONE (41), AND ITS
EXTENSION, A DISTANCE OF THREE HUNDRED FIFTEEN (315.00) FEET, TO THE
POINT OF BEGINNING AND CONTAINING 0.145 ACRES (6300 SQ. FT.) MORE OR
LESS.
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Exhibit A attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: February 11, 2014
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 61 / 158
Grand Island Council Session - 2/11/2014 Page 62 / 158
Grand Island Council Session - 2/11/2014 Page 63 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-1
Approving Minutes of January 28, 2014 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 2/11/2014 Page 64 / 158
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 28, 2014
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on January 28, 2014. Notice of the meeting was given in The Grand Island Independent
on January 22, 2014.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson,
Peg Gilbert, John Gericke, Mike Paulick, and Vaughn Minton. The following City Officials were
present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and
Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works
Director John Collins.
INVOCATION was given by Pastor Dan Brenton, Evangelical Free Church, 2609 South Blaine
Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Allie Richardson.
PRESENTATION AND PROCLAMATION:
Proclamation “Day of Hope” February 1, 2014. Mayor Vavricek proclaimed February 1, 2014 as
“Day of Hope”. Melissa DeLaet of Hope Harbor was present to receive the proclamation.
Proclamation “Nebraska Danger Week” February 10, 2014. Mayor Vavricek proclaimed the
week of February 10, 2014 as “Nebraska Danger Week”. Dustin and Brandi Loffing and their
daughter Katie and General Manager Mike McCoy were present for the presentation in
recognition of Danger Football.
SPECIAL ITEMS:
Approving Appointment of Kent Mann to City Council Ward 1. Mayor Vavricek submitted the
appointment of Kent Mann to the vacant City Council Ward 1 position.
The following people spoke in support:
Bob Niemann, 10875 NE Hwy 2
Lee Elliott, 2823 Brentwood Blvd.
Ralph Bradley, 132 Ponderosa Drive
Tom O’Neill, 2017 Barbara Avenue
Ed O’Boyle, 3015 Brentwood Place
Ken Gnadt, 1610 Gretchen
Motion by Gilbert, second by Nickerson to approve the appointment of Kent Mann to the City
Council Ward 1 position. Upon roll call vote, all voted aye. Motion adopted.
Grand Island Council Session - 2/11/2014 Page 65 / 158
Page 2, City Council Regular Meeting, January 28, 2014
Approving Appointment of Mark Stelk to City Council Ward 2. Mayor Vavricek submitted the
appointment of Mark Stelk to the vacant City Council Ward 2 position.
The following people spoke in support:
Bob Niemann, 10875 NE Hwy 2
Lee Elliott, 2823 Brentwood Blvd.
Ralph Bradley, 132 Ponderosa Drive
Tom O’Neill, 2017 Barbara Avenue
Ed O’Boyle, 3015 Brentwood Place
Ken Gnadt, 1610 Gretchen
Motion by Haase, second by Minton to approve the appointment of Mark Stelk to the City
Council Ward 2 position. Upon roll call vote, all voted aye. Motion adopted.
Administration of Oath of Office to Newly Appointed Councilmembers. City Clerk RaNae
Edwards administrated the Oath of Office to Councilmember Kent Mann – Ward 1 and
Councilmember Mark Stelk – Ward 2.
BOARD OF EQUALIZATION: Motion by Gilbert, second by Paulick, carried unanimously to
adjourn to the Board of Equalization.
#2014-BE-1 – Consideration of Determining Benefits for Water Main District 464 – Antelope
Drive. Utilities Director Tim Luchsinger reported that the City Council in its capacity as the
Board of Equalization was required to determine the benefits for Water Main District 464 along
Antelope Drive. Special assessments were for the amount of $54,281.07.
#2014-BE-2 – Consideration of Determining Benefits for Water Main District 465 – Wildwood,
Elk, and Cougar Drives. Utilities Director Tim Luchsinger reported that the City Council in its
capacity as the Board of Equalization was required to determine the benefits for Water Main
District 465 along Wildwood, Elk, and Cougar Drives. Special assessments were for the amount
of $238,273.82.
Motion by Haase, second by Nickerson to approve Resolutions #2014-BE-1 and #2014-BE-2.
Discussion was held regarding the 7% interest rate on assessments and if it was based internally
or by state statutes. Mr. Luchsinger stated the interest rate was based internally and had been set
at this rate for many years. Finance Director Jaye Monter stated the City was not in the banking
business and homeowners could obtain a loan at a bank to pay off their assessments. Comments
were made by Council to review this change at a future meeting.
Amendment proposed by Haase, second by Paulick to change the 7% interest rate to a 5%
interest rate. Upon roll call vote, Councilmembers Paulick and Haase voted aye.
Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson and Mann
voted no. Amendment failed.
Amendment proposed by Haase, second by Gericke to refer Resolutions #2014-BE-1 and #2014-
BE-2 to the February 11, 2014 City Council meeting. Upon roll call vote, Councilmembers
Grand Island Council Session - 2/11/2014 Page 66 / 158
Page 3, City Council Regular Meeting, January 28, 2014
Paulick, Stelk, Gericke, and Haase voted aye. Councilmembers Minton, Gilbert, Nickerson,
Hehnke, Haase, Donaldson, and Mann voted no. Amendment failed.
Upon roll call on the motion, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson,
Hehnke, Haase, Donaldson, and Mann voted aye. Councilmember Paulick voted no. Motion
adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Nickerson, carried
unanimously to return to Regular Session.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9468 – Consideration of Request to Rezone Property Located at 815-823 Orleans Drive
from RD Residential Development to RO Residential Office
#9469 – Consideration of Assessments for Water Main District 464 – Antelope Drive.
#9470 – Consideration of Assessments for Water Main District 465 – Wildwood, Elk,
and Cougar Drives
#9471 – Consideration of Amending Grand Island City Code Section 2-39 Relative to
Preparation of the Proposed Annual Budget
#9472 – Consideration of Amending Grand Island City Code Section 2-36 Relative to
Qualifications for the Position of City Administrator
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, Councilmembers Minton,
Paulick, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye.
Councilmember Mann voted no. Motion adopted.
#9468 – Consideration of Request to Rezone Property Located at 815-823 Orleans Drive
from RD Residential Development to RO Residential Office
Councilmember Minton recused himself due to a conflict of interest.
Regional Planning Director Chad Nabity reported that Ordinance #9468 was to rezone .43 acres
along Orleans Drive north of Faidley Avenue and west of St Francis Hospital from RD
Residential Development to RO Residential Office Zone. The apartments that were originally
built on the site in conformance with the approved development plan had been demolished and
the Hospital owned the property and would like to use the existing garages as accessory
buildings to the Hospital. Staff recommended approval. Council approved Ordinance #9468 on
first reading at their January 14, 2014 City Council meeting.
Motion by Donaldson, second by Gericke to approve Ordinance #9468 on second and final
reading.
Grand Island Council Session - 2/11/2014 Page 67 / 158
Page 4, City Council Regular Meeting, January 28, 2014
City Clerk: Ordinance #9468 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, 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 #9468 is declared to be lawfully adopted upon publication as required by law.
#9469 – Consideration of Assessments for Water Main District 464 – Antelope Drive.
#9470 – Consideration of Assessments for Water Main District 465 – Wildwood, Elk,
and Cougar Drives
Ordinances #9469 and #9470 related to the aforementioned Board of Equalization.
Motion by Gilbert, second by Minton to approve Ordinances #9469 and #9470.
City Clerk: Ordinances #9469 and #9470 on first reading. All those in favor of the passage of
these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinances #9469 and #9470 on final passage. All those in favor of the passage of
these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9469 and #9470 are declared to be lawfully adopted upon publication as required by
law.
#9471 – Consideration of Amending Grand Island City Code Section 2-39 Relative to
Preparation of the Proposed Annual Budget
Councilmember Gericke stated this change to City Code Section 2-39 would make the Finance
Director prepare an annual estimate of revenues and expenses of the proposed budget by fund,
department, program and line item for the presentation of a complete financial plan for the City
to the Mayor and City Council at least 45 days prior to the consideration and adoption of the
annual appropriations ordinance by the governing body.
Paul Wicht, 1708 Jerry Drive spoke in support.
City Administrator Mary Lou Brown explained the process of putting together a budget and
suggested a Study Session be held to set a timeline for the 2014/2015 budget. Comments were
made by Council concerning the timing of receiving the proposed budget last year. Also
mentioned was the content in the budget. Finance Director Jaye Monter stated she recognized the
need of a timely budget and would like to see a Study Session on this topic on February 18,
2014. City Attorney Bob Sivick stated this ordinance directed the Finance Director to prepare the
budget but it was the City Administrators responsibility. He also said the 45 day deadline was a
variable date.
Motion by Gericke, second by Paulick to approve Ordinance #9471.
Grand Island Council Session - 2/11/2014 Page 68 / 158
Page 5, City Council Regular Meeting, January 28, 2014
City Clerk: Ordinance #9471 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Gericke,
Gilbert, Hehnke, Haase, and Donaldson voted aye. Councilmembers Minton, Stelk, Nickerson,
and Mann voted no. Motion adopted.
City Clerk: Ordinance #9471 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Gericke,
Gilbert, Hehnke, Haase, and Donaldson voted aye. Councilmembers Minton, Stelk, Nickerson,
and Mann voted no. Motion adopted.
Mayor Vavricek vetoed the passage of the ordinance.
Motion by Gericke, second by Paulick that the decision of the Chair be overruled. Upon roll call
vote, Councilmembers Paulick, Gericke, Gilbert, Hehnke, Haase, and Donaldson voted aye.
Councilmembers Minton, Stelk, Nickerson, and Mann voted no. Motion failed.
Veto sustained. Ordinance not enacted.
Council took a recess at 9:08 p.m. and reconvened at 9:18 p.m.
#9472 – Consideration of Amending Grand Island City Code Section 2-36 Relative to
Qualifications for the Position of City Administrator
Councilmember Gericke stated this change to City Code Section 2-36 would require a minimum
qualification of experience for the position of City Administrator. If approved effective
December 2, 2014, the minimum qualifications for the City Administrator would include not less
than seven years of municipal management experience as a City Administrator and/or City
Manager. This qualification may be waived only in the event of the appointment of an interim
City Administrator who may serve for a period of time not to exceed six months.
Tom O’Neill, 2017 Barbara Avenue spoke in opposition. Paul Wicht, 1708 Jerry Drive and
Lewis Kent, 624 Meves Avenue spoke in support.
City Attorney Bob Sivick stated he had concerns of laws created for one position. If approved
this would affect future people in this position and other positions within the City. He stated
Council had the right to accept or reject any appointments. Human Resources Director Brenda
Sutherland cautioned the Council on making restrictions on this position because it could
preclude some good candidates and limit options. A lengthy discussion was held by Council both
in favor and against the 7 years of experience requirement.
Motion by Gericke, second by Haase to approve Ordinance #9472.
City Clerk: Ordinance #9472 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Gericke,
Haase, and Donaldson voted aye. Councilmembers Minton, Stelk, Gilbert, Nickerson, Hehnke,
and Mann voted no. Motion failed.
Grand Island Council Session - 2/11/2014 Page 69 / 158
Page 6, City Council Regular Meeting, January 28, 2014
CONSENT AGENDA: Motion by Donaldson, second by Paulick to approve the Consent
Agenda. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of January 14, 2014 City Council Special Meeting.
Approving Request for Liquor Manager Designation for Craig Jelinek, 1930 Santa Anita Drive
with Riverside Golf Club, 2820 Riverside Drive.
Approving Request for Liquor Manager Designation for Margaret Stine, 6840 Shadow Ridge
Road, Lincoln, NE with Applebee’s Neighborhood Grill & Bar, 721 Diers Avenue.
#2014-11 – Approving Bid Award for Control Performance Software and Services at Platte
Generating Station with Metso of Lansdale, PA in an amount of $95,333.00.
#2014-12 – Approving Pipeline Crossing Agreement with the UPRR for Crossing at Garfield
Street for Water Main Project 2014-W-1.
#2014-13 – Approving Change Order No. 2 for North Interceptor Phase 1; Project No. 2012-S-6
with Merryman Excavation, Inc. of Woodstock, IL for an Increase of $27,033.17 and a Revised
Contract Amount of $8,471,688.17.
#2014-14 – Approving Design Services Contract for Kaufmann-Cummings Park – Community
Development Block Grant Downtown Revitalization Phase II Grant Funds with Kinghorn
Horticulture Services, Inc. of Omaha, NE in an Amount of $9,000.00.
#2014-15 – Approving Bid Award with Turfwerks of Johnston, IA for (1) Commercial 120” Cut
Rotary Turf Mower and (1) 3-Wheel Sports Field/Bunker Infield Rake in an Amount of
$62,441.30 and Bid Award with Van Wall Equipment of Omaha, NE for (1) Commercial 72”
Cut Rotary Turf Mower in an Amount of $29,673.00.
RESOLUTIONS:
#2014-16 - Consideration of Approving Contract for Cemetery Master Plan & Design Services.
Parks & Recreation Director Todd McCoy reported that 14 years ago the Cemetery Trust Fund
purchased 22 acres northwest of the current cemetery and there were less than 1,000 lots
available. The 2013-14 Budget authorized up to $65,000 to plan for the expanded Cemetery
located in west Grand Island. Request for Qualifications (RFQ) for consulting firms to provide a
master plan for the expansion of the Cemetery were received on October 20, 2013. Staff
recommended hiring Confluence of Des Moines, IA in an amount of $32,300.00.
Paul Wicht, 1708 Jerry Drive spoke in support.
Mr. McCoy answered questions concerning the decrease in revenue due to the trend of
increasing cremations. Discussion was held by Council as to the need for a contract at this time.
Mr. McCoy stated site selection was a part of the contract and that it would take time to
transition to a new area. Cemetery Superintendent Mark Sands stated concerns regarding the lack
of spaces in the current cemetery and those lots that required low to the ground markers which
were not selling as well as those lots with upright markers.
Grand Island Council Session - 2/11/2014 Page 70 / 158
Page 7, City Council Regular Meeting, January 28, 2014
Motion by Gericke, second by Minton to approve Resolution #2014-16. Upon roll call vote,
Councilmembers Paulick and Gericke voted aye. Councilmembers Minton, Stelk, Gilbert,
Nickerson, Hehnke, Haase, Donaldson, and Mann voted no. Motion failed.
PAYMENT OF CLAIMS:
Motion by Gilbert, second by Nickerson to approve the Claims for the period of January 15,
2014 through January 28, 2014, for a total amount of $5,267,892.49. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 10:22 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 2/11/2014 Page 71 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-2
Approving Appointment of Tom O’Neill to the Citizens Advisory
Review Committee
Mayor Vavricek has submitted the appointment of Tom O’Neill to the Citizens Advisory Review
Committee to replace Mark Stelk who resigned his appointment. The appointment would become
effective immediately upon approval by the City Council and would expire on September 30, 2014. Mr.
O’Neill meets the requirements for Committee members as stated in the Local Option Municipal
Economic Development Act and specifically found in Section 18-2715(1) of the Nebraska Revised
Statutes. A motion is in order.
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 2/11/2014 Page 72 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-3
Approving Appointment of Councilmember Stelk to the
Firefighters and Police Pension Committees
Mayor Vavricek has submitted the appointment of Councilmember Stelk to the Firefighters and Police
Pension Committees as a City representative and non-participant in the pension plans. The appointment
would become effective immediately upon approval by the City Council and would expire on December
31, 2016. A motion is in order.
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 2/11/2014 Page 73 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-4
#2014-17 - Approving Bid Award for Insertable Dust Collectors -
Crusher and Conveyor #3 Head Pulley at Platte Generating Station
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 2/11/2014 Page 74 / 158
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:February 11, 2014
Subject:Insertable Dust Collectors-Crusher and Conveyor #3
Head Pulley
Item #’s:G-4
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
Platte Generating Station utilizes a conveyor system to transport coal from the point
where train cars unload to the coal storage pile and additional conveyors to the coal
storage bunkers. The conveyor system consists of five separate conveyors and a crusher.
This project involves installation of local dust collection systems on the crusher and
conveyor #3 head pulley to alleviate airborne particles in those locations by removing
dust from the air, compacting it by vacuum, and putting it back on the conveyor belt.
Discussion
The specifications for the Insertable Dust Collectors - Crusher and Conveyor #3 Head
Pulley were advertised and issued for bid in accordance with the City Purchasing Code.
Bids were publicly opened on January 28, 2014. The engineer’s estimate for this project
was $60,000.00.
Bidder Bid Price
Martin Engineering $ 58,371.00
The bid was reviewed by Utility Engineering Staff. It is compliant with the specifications
and less than the engineer’s estimate.
Grand Island Council Session - 2/11/2014 Page 75 / 158
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 Council award the Contract for Insertable Dust
Collectors - Crusher and Conveyor #3 Head Pulley to Martin Engineering of Neponset,
Illinois, as the low responsive bidder, with the bid in the amount of $58,371.00.
Sample Motion
Move to approve the bid of $58,371.00 from Martin Engineering for the Insertable Dust
Collectors - Crusher and Conveyor #3 Head Pulley.
Grand Island Council Session - 2/11/2014 Page 76 / 158
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:January 28, 2014 at 2:15 p.m.
FOR:Insertable Dust Collectors-Crusher & Conveyor #3 Head Pulley
DEPARTMENT:Utilities
ESTIMATE:$60,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:January 18, 2014
NO. POTENTIAL BIDDERS:1
SUMMARY
Bidder:Martin Engineering
Neponset, IL
Bid Security:Cashier’s Check
Exceptions:Noted
Bid Price:
Material:$37,117.00
Labor:$19,536.00
Sales Tax:$ 1,718.00
Total Bid:$58,371.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Pat Gericke, Utilities Admin. Assist.Ryan Schmitz, Utilities Dept.
Karen Nagel, Utilities Secretary
P1706
Grand Island Council Session - 2/11/2014 Page 77 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-17
WHEREAS, the City of Grand Island invited sealed bids for Insertable Dust
Collectors – Crusher and Conveyor #3 Head Pulley at Platte Generating Station, according to
plans and specifications on file with the Utilities Department; and
WHEREAS, on January 28, 2014, bids were received, opened and reviewed; and
WHEREAS, Martin Engineering of Neponset, Illinois, 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 $58,371.00; and
WHEREAS, the bid of Martin Engineering is less than the estimate for the
Insertable Dust Collectors – Crusher and Conveyor #3 Head Pulley, 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 Martin Engineering, in the
amount of $58,371.00, for Insertable Dust Collectors – Crusher and Conveyor #3 Head Pulley, is
hereby approved as the lowest responsible bid and the Mayor is hereby authorized to, on behalf
of the City, execute the contract between the City of Grand Island and Martin Engineering.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
______________________________
Jay Vavricek, Mayor
Attest:
___________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 78 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-5
#2014-18 - Approving Bid Award for Pavement Markings for 2014
Staff Contact: John Collins, PE - Public Works Director
Grand Island Council Session - 2/11/2014 Page 79 / 158
Council Agenda Memo
From:Shannon Callahan, Streets Superintendent
Meeting:February 11, 2014
Subject:Approving Bid Award for Annual Pavement Markings
2014 (Streets Division of the Public Works Department)
Item #’s:G-5
Presenter(s):John Collins, Public Works Director
Background
On January 17, 2014 the Streets Division of the Public Works Department advertised for
bids for Annual Pavement Markings 2014. The bid package was sent to 12 potential
bidders.
This contract will consist of painting traffic markings and lane lines on City of Grand
Island owned roadways. This function is an important part of maintaining the roadway in
a safe manner and has strict standards on size, location, color, and reflectivity set by the
Manual on Uniform Traffic Control. Previously the Streets Division had a crew whose
primary function was painting pavement markings.
Below is the breakdown of average annual operating costs and time dedicated to this
function performed by the Streets Division. These costs do not include items such as
temporary traffic control devices or downtime for equipment repair/maintenance.
*Average Annual Operating Cost and Time
(Actual cost varies greatly from year to year)
Operating Cost Material $22,611
Labor $30,134
Equipment
(maintenance and fuel only)$3,208
Total Operating Cost $55,953
Time Labor Hours 1,402
**2-man crew weeks 18
**3-man crew weeks 12
Grand Island Council Session - 2/11/2014 Page 80 / 158
*Average derived from most recent five years.
** Week assumed to be five days, eight hours per day.
Discussion
Contracting this function has many benefits to the Streets Division and the community.
This contract will “free-up” approximately 12 weeks for three staff members to be
dedicated to other functions. Two staff members will become the full-time crew for
cleaning storm sewer with the new combination flusher/cleaner truck that will be arriving
this spring. The third staff member will be assigned to traffic sign work, assisting with
locates & work zone traffic control, and will be the substitute for the storm sewer
maintenance crew.
The community will benefit from the shorter timeline, fewer work zones during high
traffic volume hours, and higher quality product. The contractor will be limited to
working during low traffic volume hours reducing traffic disruption and work zones
during busy times of day. The quality of the markings, including retroreflectivity, will be
greater with the specialized equipment that the contractor will be using, increasing safety.
Two (2) bids were received and opened on February 5, 2014 and reviewed by Public
Works’ staff. Bid summary is listed below and the bid tabulations can be found in
Attachment A.
Bidder Total Bid
Straight-Line Striping, Inc. of Grand Island, NE $59,598.73
Highway Signs, Inc. of Omaha, NE $127,614.38
The lowest bid total was $9,598.73 over the estimate. This overage is due to lack of
historic bid information since this is the first year this function will be contracted. The
price per foot for lane lines is easier to determine based on application rates and
distances, but the cost to apply symbols (i.e. arrows, railroad crossing markings) is more
difficult since it is labor intensive. If awarded to the low bidder the cost of this function
would increase approximately $4,000 from the average. Construction materials, including
glass beads and roadway paint, increase each year so the cost for Streets to perform this
function this year would be closer to the low bid amount than the average.
Funds are available in account No. 10033505-85312.
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
Grand Island Council Session - 2/11/2014 Page 81 / 158
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve awarding the contract for
Annual Pavement Markings 2014 to Straight-Line Striping, Inc. of Grand Island,
Nebraska in the amount of $59,598.73.
Sample Motion
Move to approve awarding contract to Straight-Line Striping, Inc. of Grand Island,
Nebraska in the amount of $59,598.73.
Grand Island Council Session - 2/11/2014 Page 82 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-18
WHEREAS, the City of Grand Island invited sealed bids for Pavement Markings
2014, according to plans and specifications on file with the Streets Division of the Public Works
Department; and
WHEREAS, on February 5, 2014, bids were received, opened and reviewed; and
WHEREAS, Straight-Line Striping, 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 $59,598.73; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Straight-Line Striping, Inc.
of Grand Island, Nebraska, in the amount of $59,598.73 for Pavement Markings 2014 is hereby
approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City
and such contractor be entered into, and the Mayor is hereby authorized and directed to execute
such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 83 / 158
Bid Tabulations ATTACHMENT A
Annual Pavement Markings 2014
City of Grand Island Streets Divison
Opening Date: February 5, 2014
ITEM DESCRIPTION APPROX.
QUANTITY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
(PAINT) (WT) ( 4")436,814 $0.12 $52,417.68 $0.06 $26,208.84
(PAINT) (WT) ( 6")100 $2.00 $200.00 $0.37 $37.00
(PAINT) (WT) ( 8")100 $2.00 $200.00 $0.37 $37.00
(PAINT) (WT) (12")2,381 $0.42 $1,000.02 $0.43 $1,023.83
(PAINT) (WT) (24")3,752 $0.25 $938.00 $0.86 $3,226.72
(PAINT) (YEL) ( 4")230,739 $0.12 $27,688.68 $0.06 $13,844.34
(PAINT) (YEL) ( 6")100 $2.00 $200.00 $0.37 $37.00
(PAINT) (YEL) (8")100 $2.00 $200.00 $0.37 $37.00
(PAINT) (YEL) (12")100 $2.00 $200.00 $0.43 $43.00
(PAINT) (YEL) (24")100 $3.00 $300.00 $0.86 $86.00
$83,344.38 $44,580.73
ITEM DESCRIPTION APPROX.
QUANTITY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
(PAINT) (WT) (SINGLE ARROW)431 $70.00 $30,170.00 $29.50 $12,714.50
(PAINT) (WT) (COMBO ARROW)5 $110.00 $550.00 $46.15 $230.75
(PAINT) (WT) (ONLY)5 $110.00 $550.00 $46.15 $230.75
(PAINT) (WT) ( RR X-ING)20 $300.00 $6,000.00 $92.10 $1,842.00
$37,270.00 $15,018.00
ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
MOBILIZATION – Spring Season LS $3,500.00 $3,500.00 $0.00 $0.00
MOBILIZATION – Fall Season LS $3,500.00 $3,500.00 $0.00 $0.00
$7,000.00 $0.00
$127,614.38 $59,598.73BID SECTION 3 - OTHERAPPROX. QUANTITY
1
1
TOTAL
BID TOTAL (BID SECT 1 + BID SECT 2 + BID SECT 3)BID SECTION 2 – PAVEMENT MARKING SYMBOLS UNIT
EACH
EACH
EACH
EACH
TOTAL
LF
LF
LF
LF
LF
TOTALBID SECTION 1 – PAVEMENT MARKING LANE LINESUNIT
LF
LF
LF
LF
LF
Omaha, NE Grand Island, NEBIDDERHighway Signs, Inc.Straight-Line Striping, Inc.
Grand Island Council Session - 2/11/2014 Page 84 / 158
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:February 5, 2014 at 2:00 p.m.
FOR:Annual Pavement Markings 2014
DEPARTMENT:Public Works
ESTIMATE:$50,000.00
FUND/ACCOUNT:10033505-85213
PUBLICATION DATE:January 17, 2014
NO. POTENTIAL BIDDERS:12
SUMMARY
Bidder:Highway Signs, Inc.Straight-Line Striping, Inc.
Omaha, NE Grand Island, NE
Bid Security:Merchants Bonding Co.RLI Insurance Co.
Exceptions:None None
Bid Price:
Section 1:$ 83,344.38 $44,580.73
Section 2:$ 37,270.00 $15,018.00
Section 3:$ 7,000.00 No Bid
Bid Total:$127,614.38 $59,598.73
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Shannon Callahan, Street Superintendent
P1705
Grand Island Council Session - 2/11/2014 Page 85 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-6
#2014-19 - Approving Bid Award for Concrete Ready-Mix for 2014
Staff Contact: John Collins, PE - Public Works Director
Grand Island Council Session - 2/11/2014 Page 86 / 158
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:February 11, 2014
Subject:Approving Bid Award for Concrete Ready-Mix for 2014
Item #’s:G-6
Presenter(s):John Collins PE, Public Works Director
Background
On January 21, 2014 the Street Division of the Public Works Department advertised for
bids for the purchase of Portland Cement Concrete Ready-Mix to be used in conjunction
with in-house concrete repairs throughout the calendar year 2014. There were two (2)
potential bidders. The concrete ready-mix is used by the City’s concrete patching crew.
Discussion
Two (2) bids were received and opened on February 5, 2014. The bids were submitted in
accordance with the terms of the advertisement of bids and specifications and all other
statutory requirements contained therein with no exceptions. A summary of the bids is
shown below.
Bidder Exceptions Unit Prices
Gerhold Concrete Co., Inc.
of Grand Island, NE
None $83.00 per cubic yard
Consolidated Concrete Co.
of Grand Island, NE
None $86.00 per cubic yard
Gerhold Concrete Co., Inc. of Grand Island, Nebraska provided the lowest bid.
The estimated quantity of Portland Cement Concrete Ready-Mix required for 2014 is
1,500 cubic yards; for an estimated total cost of $124,500.00 for the 2014 year.
The submitted bids are within 4% of each other and the estimate provided, therefore both
bids are considered fair and reasonable.
There are sufficient funds in Account No. 10033503-85547 to purchase this material.
Grand Island Council Session - 2/11/2014 Page 87 / 158
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 the purchase of the
Portland cement concrete ready-mix to Gerhold Concrete Co., Inc. of Grand Island,
Nebraska in the amount of $83.00 per cubic yard.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 2/11/2014 Page 88 / 158
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:February 5, 2014 at 2:30 p.m.
FOR:Concrete Ready-Mix for 2014
DEPARTMENT:Public Works
ESTIMATE:$80.00 per cubic yard - $120,000 season total
FUND/ACCOUNT:10033503-85547
PUBLICATION DATE:January 21, 2014
NO. POTENTIAL BIDDERS:2
SUMMARY
Bidder:Gerhold Concrete Co., Inc.Consolidated Concrete Co.
Grand Island, NE Grand Island, NE
Exceptions:None None
Bid Price:$83.00 $86.00
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Stacy Nunhof, Purchasing Agent Shannon Callahan, Street Supt.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
P1708
Grand Island Council Session - 2/11/2014 Page 89 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-19
WHEREAS, the City of Grand Island invited sealed bids for furnishing Portland
Cement Concrete Ready-Mix for 2014 for the Streets Division of the Public Works Department,
according to specifications on file with the Streets Division of the Public Works Department; and
WHEREAS, on February 5, 2014, bids were received, opened and reviewed; and
WHEREAS, Gerhold Concrete Co., Inc. of Grand Island, Nebraska, submitted a
bid in accordance with the terms of the advertisement of bids and specifications and all other
statutory requirements contained therein, such bid being in the amount of $83.00 per cubic yard;
and
WHEREAS, the total cost based on the estimated usage of 1,500 cubic yards for
the 2014 construction season at the above-identified price, is estimated at $124,500.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gerhold Concrete Co., Inc. of Grand
Island, Nebraska, in the amount of $83.00 per cubic yard for Portland Cement Concrete Ready-
Mix is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the contract for such project between the City and
such contractor be entered into, and the Mayor is hereby authorized and directed to execute such
contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 90 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-7
#2014-20 - Approving Bid Award for Concrete Pavement and
Storm Sewer Repairs for 2014
Staff Contact: John Collins, PE - Public Works Director
Grand Island Council Session - 2/11/2014 Page 91 / 158
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:February 11, 2014
Subject:Approving Bid Award for Concrete Pavement and Storm
Sewer Repairs for 2014
Item #’s:G-7
Presenter(s):John Collins PE, Public Works Director
Background
On January 21, 2014 the Streets Division of the Public Works Department advertised for
bids for concrete pavement and storm sewer repairs for the calendar year 2014. There
were seven (7) potential bidders. The contracted concrete pavement and storm sewer
work supplements the repair work that is performed by the City’s crews.
Discussion
Three (3) bids were received and opened on February 5, 2014. All bids were submitted
in compliance with the contract, plans, and specifications with no exceptions. A summary
of the bids is shown below.
Bidder Exceptions Total Bid
Bid Price $850,260.00
Labor (per hour)$50.00
Skid Steer Loader (per hour)$50.00
Front End Loader (per hour)$110.00
Backhoe (per hour)$110.00
O.K. Paving, Inc. of Hordville,
NE
None
Dump Truck-10 c.y. (per
hour)
$130.00
Bid Price $1,046,876.00
Labor (per hour)$45.00
Skid Steer Loader (per hour)$40.00
Front End Loader (per hour)$95.00
Backhoe (per hour)$120.00
The Diamond Engineering Co. of
Grand Island, NE
None
Dump Truck-10 c.y. (per
hour)
$95.00
Grand Island Council Session - 2/11/2014 Page 92 / 158
Bid Price $1,672,845.00
Labor (per hour)$44.30.00
Skid Steer Loader (per hour)$91.38
Front End Loader (per hour)$95.68
Backhoe (per hour)$113.28
Interstate Improvements, Inc.None
Dump Truck-10 c.y. (per
hour)
$88.00
There are sufficient funds in Account No. 10033506-85351 (Concrete Repair),
10033504-85318 (Storm Sewer Repair), 10033503-85318 (Curb & Gutter), and
10033503-85547 (Street Repair Materials) to fund this contract. This is a calendar year
contract that extends beyond the current fiscal year. In the event that funds become
unavailable in the fiscal year 2013/2014, the scope of work for this contract will be scaled
down accordingly.
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 the contract to O.K.
Paving, Inc. of Hordville, Nebraska in the amount of $850,260.00.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 2/11/2014 Page 93 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-20
WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement
and Storm Sewer Repairs 2014, according to plans and specifications on file with the Streets
Division of the Public Works Department; and
WHEREAS, on February 5, 2014, bids were received, opened and reviewed; and
WHEREAS, OK Paving of Hordville, 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 $850,260.00; and
WHEREAS, OK Paving’s bid is less than the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of OK Paving of Hordville,
Nebraska, in the amount of $850,260.00 for Concrete Pavement and Storm Sewer Repairs 2014
is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City
and such contractor be entered into, and the Mayor is hereby authorized and directed to execute
such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 94 / 158
Attachment A
Bid Tabulations
Concrete Pavement and Storm Sewer Repair 2014
City of Grand Island Streets Division
Opening Date: February 5, 2014
Item Description Estimated
Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price
Remove 6” & replace with 7”
concrete pavement
(less than 6.0 SY)
Remove 6” & replace with 7”
concrete pavement
(more than 6.0 SY)
3 Cost per inch over 7” thickness
concrete pavement 600 SY $6.50 $3,900.00 $6.15 $3,690.00 $5.25 $3,150.00
Remove and replace
concrete curb and gutter – 22”
Remove and replace
concrete curb and gutter – 30”
Remove and replace
vertical curb
Remove and replace
concrete sidewalk – 4”
(less than 40 SF)
Remove and replace
concrete sidewalk – 4”
(more than 40 SF)
Furnish and install
2’x4’ detectable warning plates
RED in color.
10 Build integral concrete curb 3,200 LF $10.00 $32,000.00 $2.50 $8,000.00 $2.55 $8,160.00
Pavement saw cut
(less than 30 LF)
Pavement saw cut
(more than 30 LF)
Remove and replace
RCP pipe – 12”
(less than 7-1/2 FT lengths)
Remove and replace
RCP pipe – 12”
(greater than 7-1/2 FT lengths)
$18,750.00
$3,200.00
$3,200.00
$5,500.00
$4,500.00
OK Paving, Inc.
Hordville, NE
$1,800.00
$691,050.00
$37,750.00
$3,150.00
$9,000.00
$2,400.00
$13,750.00
Faribault, MN Grand Island, NE
$207.05
$4.70
$4.00
$62.85
$51.45
Vendor The Diamond Engineering Co
$55.35
$48.86
$19.25
$23.30
$28.05
$5.75
$5.00
Interstate Improvement, Inc.
$3,200.00 $4.00
$6,285.00 $55.00
$5,145.00 $45.00
$12,500.00 $5.50
$31,057.50 $125.00
$3,760.00 $4.00
$4,660.00 $15.75
$8,415.00 $30.00
$2,300.00 $6.00
$2,214.00 $45.00
$830,620.00 $40.65
$48,125.00 $15.10
13 100 LF $54.00 $5,400.00
14 100 LF $41.00 $4,100.00
11 800 LF $1.20 $960.00
12 800 LF $1.20 $960.00
8 2,500 SF $6.75 $16,875.00
9 150 EA $125.00 $18,750.00
6 300 LF $40.00 $12,000.00
7 400 SF $8.00 $3,200.00
4 2,500 LF $35.00 $87,500.00
5 200 LF $40.00 $8,000.00
1 40 SY $92.50 $3,700.00
2 17,000 SY $82.50 $1,402,500.00
1 of 2
Grand Island Council Session - 2/11/2014 Page 95 / 158
Attachment A
Bid Tabulations
Concrete Pavement and Storm Sewer Repair 2014
City of Grand Island Streets Division
Opening Date: February 5, 2014
Item Description Estimated
Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price
OK Paving, Inc.
Hordville, NEFaribault, MN Grand Island, NEVendorThe Diamond Engineering CoInterstate Improvement, Inc.
Remove and replace
RCP pipe – 15”
(less than 7-1/2 FT lengths)
Remove and replace
RCP pipe – 15”
(greater than 7-1/2 FT lengths)
17 Concrete collars on pipe
junctions(through 15”)10 EA $875.00 $8,750.00 $280.00 $2,800.00 $250.00 $2,500.00
Remove and replace
Type “B” inlet
Furnish and install
Pre-cast concrete lid
Type “D” inlet
Adjust manholes to grade
(concrete to grade)
Item
21
22
23
24
25
$5,500.00
$850,260.00
HOURLY RATE
$50.00
$50.00
$110.00
$110.00
$130.00
$4,600.00
$4,300.00
$13,000.00
$15,000.00
$660.00
$1,046,876.50
HOURLY RATE
$45.00
$40.00
$95.00
$120.00
$95.00
$67.90
$55.95
$1,805.00
$951.00
HOURLY RATE
$44.30
$91.38
$95.68
$113.28
$88.00
Description
Labor
Skid Steer Loader
Front End Loader
Backhoe
Dump Truck- 10 CY
$19,020.00 $750.00
$6,600.00 $550.00
$6,790.00 $46.00
$5,595.00 $43.00
$36,100.00 $650.00
20 10 EA $225.00 $2,250.00
15 100 LF $57.00 $5,700.00
16 100 LF $44.00 $4,400.00
TOTAL BID $1,672,845.00
18 20 EA $1,950.00 $39,000.00
19 20 EA $645.00 $12,900.00
2 of 2
Grand Island Council Session - 2/11/2014 Page 96 / 158
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:February 5, 2014 at 2:45 p.m.
FOR:Concrete Pavement & Storm Sewer Repair 2014
DEPARTMENT:Public Works
ESTIMATE:$650,000.00 2013/2014
$250,000.00 2014/2015
$900,000.00
FUND/ACCOUNT:10033503-85318 (Curb, Gutter & Sidewalk)
10033503-85547 (Street Repair Materials)
10033504-85318 (Storm Sewer Repair)
10033506-85351 (Contract Concrete Repair)
PUBLICATION DATE:January 21, 2014
NO. POTENTIAL BIDDERS:7
SUMMARY
Bidder:Interstate Improvement, Inc.The Diamond Engineering Co.
Faribault, MN Grand Island, NE
Bid Security:Travelers Casualty & Surety Co.Universal Surety Co.
Exceptions:None None
Bid Price:$1,672,845.00 $1,046,876.50
Labor:$ 44.30 per hr $45.00 per hr
Sid Steer Loader:$ 91.38 per hr $40.00 per hr
Front End Loader:$ 95.68 per hr $95.00 per hr
Backhoe:$113.28per hr $120.00 per hr
Dump Truck-10 CY:$ 88.00 per hr $95.00 per hr
Grand Island Council Session - 2/11/2014 Page 97 / 158
Bidder:O.K. Paving, Inc.
Hordville, NE
Bid Security:Cashier’s Check
Exceptions:None
Bid Price:$850,260.00
Labor:$50.00 per hr
Sid Steer Loader:$50.00 per hr
Front End Loader:$110.00 per hr
Backhoe:$110.00 per hr
Dump Truck-10 CY:$130.00 per hr
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
P1709
Grand Island Council Session - 2/11/2014 Page 98 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-8
#2014-21 - Approving Acquisition of Public Right-of-Way in
Section 24, Township 11 North, Range 10 (Little B's Corporation)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 99 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-21
WHEREAS, public right-of-way is being acquired by the City of Grand Island from
Little B’s Corporation to allow for improved drainage by connecting the initial phase of the Moores
Creek Drainway to the Westgate Road area and eliminating the ditch section, described as follows:
AN UNPLATTED TRACT LOCATED IN THE NORTHWEST QUARTER (NW ¼) OF
SECTION 24, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NW ¼, SAID POINT ALSO
BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF
N8843’39”E ALONG THE NORTH LINE OF SAID NW ¼ A DISTANCE OF 135.00 FEET;
THENCE S0108’02”E A DISTANCE OF 1288.68 FEET; THENCE N8847’22”E A
DISTANCE OF 694.44 FEET; THENCE S0110’49”E A DISTANCE OF 45.00 FEET TO
THE NORTHWEST CORNER OF WESTGATE NINTH SUBDIVISION, IN THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA; THENCE S0110’49”E ALONG A
WESTERLY LINE OF SAID WESTGATE NINTH SUBDIVISION A DISTANCE OF 45.00
FEET; THENCE S8847’22”W A DISTANCE OF 829.51 FEET TO A POINT ON THE
WEST LINE OF SAID NW ¼; THENCE N0108’02”W ALONG SAID WEST LINE A
DISTANCE OF 1378.54 FEET TO THE POINT OF BEGINNING. SAID TRACT
CONTAINS 248,616 SQUARE FEET OR 5.71 ACRES MORE OR LESS OF WHICH 48,859
SQUARE FEET OR 1.12 ACRES MORE OR LESS ARE EXISTING COUNTY ROAD
RIGHT-OF-WAY.
WHEREAS, an agreement for the public right-of-way has been reviewed and approved
by the City Legal Department.
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 enter into the Agreement, in the amount of $43,900.00, for the public right-of-way on the
above described tracts of land.
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, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 100 / 158
Grand Island Council Session - 2/11/2014 Page 101 / 158
Grand Island Council Session - 2/11/2014 Page 102 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-9
#2014-22 - Approving Acquisition of Utility Easements in Copper
Creek Estates 3rd Subdivision (The Guarantee Group, LLC)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 103 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-22
WHEREAS, a utility easement is required by the City of Grand Island, from The
Guarantee Group, LLC, in the Copper Creek Estates 3rd Subdivision, Hall County, Nebraska,
described as follows:
A TRACT OF LAND COMPRISING A PART OF LOTS THIRTY NINE (39), FORTY (40),
FORTY ONE (41), COPPER CREEK ESTATES THIRD SUBDIVISION, IN THE CITY OF
GRAND ISLAND, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT THIRTY NINE (39); THENCE
RUNNING EASTERLY ON THE NORTH LINE OF SAID LOT THIRTY NINE (39), A
DISTANCE OF TEN (10.00) FEET; THENCE RUNNING SOUTHERLY PARALLEL WITH AND
TEN (10.00) FEET EAST OF THE WEST LINE OF SAID LOTS THIRTY NINE (39), FORTY (40)
AND FORTY ONE (41), A DISTANCE OF TWO HUNDRED TWENTY SIX AND FORTY
SEVEN HUNDREDTHS (226.47) FEET: THENCE RUNNING SOUTHEASTERLY PARALLEL
WITH AND TEN (10.00) FEET NORTHEASTERLY FROM THE SOUTHWESTERLY LINE OF
SAID LOT FORTY ONE (41), A DISTANCE OF ELEVEN AND NINTEY SIX HUNDREDTHS
(11.96) FEET; THENCE RUNNING EASTERLY PARALLEL WITH THE SOUTHERLY LINE
OF SAID LOT FORTY ONE (41), A DISTANCE OF EIGHT AND FIFTY FIVE HUNDREDTHS
(8.55) FEET; THENCE RUNNING SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID
LOT FORTY ONE (41), A DISTANCE OF TEN (10.00) FEET, TO A POINT ON THE
SOUTHERLY LINE OF SAID LOT FORTY ONE (41); THENCE RUNNING WESTERLY ON
THE SOUTH LINE OF SAID LOT FORTY ONE (41), A DISTANCE OF TEN (10.00) FEET; TO
THE NORTHWEST CORNER OF LOT FORTY TWO (42), COPPER CREEK ESTATES THIRD
SUBDIVISION; THENCE RUNNING NORTHWESTERLY ON THE SOUTHWESTERLY LINE
OF SAID LOT FORTY ONE (41), A DISTANCE OF TWENTY AND EIGHTY NINE
HUDNREDTHS (20.89) FEET, TO THE SOUTHWESTERLY CORNER OF SAID LOT FORTY
ONE (41); THENCE RUNNING NORTHERLY OF THE WEST LINE OF LOTS THIRTY NINE
(39), FORTY (40), AND FORTY ONE (41), A DISTANCE OF TWO HUDNRED THIRTY THREE
AND EIGHTY FOUR HUNDREDTHS (233.84) FEET, TO THE POINT OF BEGINNING AND
CONTAINING 0.059 ACRES (2559 SQ. FT.) MORE OR LESS.
WHEREAS, an Agreement for the utility easement has been reviewed and
approved by the City Legal Department.
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 enter into the Agreement for the utility easement on the above described
tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Grand Island Council Session - 2/11/2014 Page 104 / 158
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 105 / 158
Grand Island Council Session - 2/11/2014 Page 106 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-10
#2014-23 - Approving Change Order No. 3 for the Walk to Walnut
Safe Routes to School Project
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 107 / 158
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:February 11, 2014
Subject:Approving Change Order No. 3 for the Walk to Walnut
Safe Routes to School Project
Item #’s:G-10
Presenter(s):John Collins PE, Public Works Director
Background
All agreements must be approved by the City Council.
The Walk to Walnut project realigned the main driveway to Walnut Middle School with
the intersection of 15th Street and Custer Avenue and installed traffic signals. This
project is mostly funded with Safe Routes to School (SRTS) funds authorized by the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A legacy for Users
(SAFETEA-LU). These funds are administered by the Nebraska Department of Road
(NDOR).
The original funding limit for this project was set at $249,004.00. The funding limit was
removed and 100% of eligible costs for construction, construction engineering and utility
relocation costs are being paid through SRTS funds. On June 11, 2013, City Council
approved concurrence of the bid award with NDOR to the Diamond Engineering
Company for the construction contract of $337,104.36.
On October 8, 2013, City Council approved Change Order No. 1 through Resolution No.
2013-333. Change Order No. 1 provided for replacement of deteriorated concrete
pavement on Custer Avenue. Change Order No. 1 resulted in a revised contract amount
of $376,263.77.
On October 22, 2013, City Council approved Change Order No. 2 through Resolution
No. 2013-344. Change Order No. 2 provided for placement of additional embankment to
cover sandy soil that was under the pavement that was removed at the location of the
former driveway. Change Order No. 2 resulted in a revised contract amount of
$384,058.67.
Grand Island Council Session - 2/11/2014 Page 108 / 158
Discussion
As per Change Order No. 1, most of the concrete pavement replaced on Custer Avenue
was not eligible to be paid for by federal funds. Accordingly, the change order included
the item “8” Concrete Pavement, Class 47B-3500 (Participating)” as the amount to be
paid for by federal funds, and the item “8” Concrete Pavement, Class 47B-3500 (Non-
participating)” as the amount to be paid for by local funds.
The item “Subgrade Preparation,” which is the item for mixing, compacting and
trimming the subgrade under new pavement, should have also been split into
participating and non-participating items. Change Order No. 3 is being processed to
correct this oversight. The item “Subgrade Preparation (Non-participating)” will be paid
for by Capital Improvement Funds.
The approval of Change Order No. 3 for an amount of $1,951.64 will result in a revised
contract amount of $386,010.31.
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 Change Order No. 3 for the
Walk to Walnut Safe Routes to School Project.
Sample Motion
Move to approve the resolution.
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Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-23
WHEREAS, on June 11, 2013, by Resolution 2013-177, the City Council of the
City of Grand Island approved concurrence of bid award with the Nebraska Department of Roads
(NDOR) to the Diamond Engineering Company of Grand Island, Nebraska, for the bid in the
amount of $337,104.36 for the Walk to Walnut Safe Routes to School Project; and
WHEREAS, on October 8, 2013, by Resolution 2013-333, the Grand Island City
Council approved Change Order No. 1 for such project, in the amount of $39,159.41, resulting in
a revised contract price of $376,263.77; and
WHEREAS, on October 22, 2013, by Resolution 2013-344, the Grand Island City
Council approved Change Order No. 2 for such project, in the amount of $7,794.90, for a revised
contract price of $384,058.67; and
WHEREAS, it has been determined that additional work is necessary to complete
such project; and
WHEREAS, such modifications have been incorporated into Change Order No. 3;
and
WHEREAS, the result of such modifications will increase the contract amount by
$1,951.64 for a revised contract price of $386,010.31; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 3 between the City of Grand Island and
The Diamond Engineering Company of Grand Island, Nebraska on the Walk to Walnut Safe
Routes to School project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 113 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item G-11
#2014-24 - Approving Agreement Amendment No. 1 with Olsson
Associates for Professional Services Related to the Extension of
Sanitary Sewer System from Wildwood Subdivision to Interstate
80 (District No. 530T)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 114 / 158
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:February 11, 2014
Subject:Approving Agreement Amendment No. 1 with Olsson
Associates for Professional Services Related to the
Extension of Sanitary Sewer System from Wildwood
Subdivision to Interstate 80 (District No. 530T)
Item #’s:G-11
Presenter(s):John Collins PE, Public Works Director
Background
City Council approved an Interlocal Agreement with Hall County on September 10, 2013
by Resolution No. 2013-309 for SID No. 2. This political subdivision was formed by
property and business owners interested in extended sanitary sewer services south of the
City limits along Highway 281 and filed in Hall County on July 22, 2013.
The Interlocal Agreement between the SID No. 2 and the City of Grand Island requires
the City to design the sanitary sewer section of this project, which will be paid for by a
State Revolving Fund (SRF) loan. Funds received from SID No. 2 will repay the SRF
loan.
On August 14, 2012, by Resolution No. 2012-206 City Council approved an agreement in
the amount of $172,550.00, with Olsson Associates of Grand Island, Nebraska for
engineering consulting services for the extension of Grand Island’s public sanitary sewer
system from Wildwood Subdivision to Interstate.
The scope of this agreement entailed coordination with the Nebraska Department of
Environmental Quality (NDEQ) regarding the State Revolving Funds (SRF), easement
acquisition, geotechnical investigation, sanitary sewer design, project permitting, bid
phase services, construction observation, construction administration services, and
project close-out for the US Highway 281 sanitary sewer extension.
A portion of the original agreement includes the Wildwood Subdivision sanitary sewer
extension construction administration services, construction observation, and project
close-out.
Grand Island Council Session - 2/11/2014 Page 115 / 158
Discussion
In order for the City to receive the SRF loan the Nebraska Department of Environmental
Quality (NDEQ) requires that the City manage, design, observe construction, and
closeout the SID portion of this sanitary sewer extension. The City will then own and
maintain the infrastructure.
Amendment No.1 to the original agreement is being brought forward to include
engineering consulting services related to the Sewer Improvement District (SID) on both
the north and south side of Interstate 80. Further coordination is necessary with NDEQ
for the SRF funding, as well as easement acquisition, geotechnical investigation,
demolition of two existing private wastewater package plants and lift stations, design of
two City of Grand Island standard lift stations, sanitary sewer force main design, project
permitting, bid phase services, construction administration services, construction
observation, and project close-out for the SID force main portion of the sanitary sewer
extension to the SID No. 2. Such Amendment No. 1 is in the amount of $267,035.00,
resulting in a revised agreement total of $502,185.00.
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 Amendment No. 1 to the
agreement with Olsson Associates of Grand Island, Nebraska and pass a resolution
authorizing the Mayor to sign the agreement, for a total amount of $267,035.00.
Sample Motion
Move to approve the resolution.
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Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-24
WHEREAS, on August 14, 2012, by Resolution No. 2012-206 Grand Island City
Council approved engineering consulting services for the extension of Grand Island’s public
sanitary sewer system from Wildwood Subdivision to Interstate 80 (District No. 530T) and
construction phase services for sewer/paving in Wildwood Subdivision (District No. 528), in the
amount of $235,150.00; and
WHEREAS, it is necessary to amend the original agreement to include further
coordination with NDEQ for the SRF funding, as well as easement acquisition, geotechnical
investigation, demolition of two existing private wastewater package plants and lift stations,
design of two City of Grand Island standard lift stations, sanitary sewer force main design,
project permitting, bid phase services, construction administration services, construction
observation, and project close-out for the SID force main portion of the sanitary sewer extension
to Interstate 80 ; and
WHEREAS, such modifications have been incorporated into Letter Agreement
Amendment No. 1; and
WHEREAS, the result of such modifications will increase the agreement amount
by $267,035.00, for a revised agreement total of $502,185.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Letter Agreement Amendment No. 1 between the City of
Grand Island and Olsson Associates of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 125 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item I-1
#2014-25 - Consideration of Request from Full Circle Venue LLC
dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of
Location for Class “C-88739” Liquor License to 3333 Ramada
Road
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 2/11/2014 Page 126 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-25
WHEREAS, an application was filed by Full Circle Venue LLC doing business as
Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class "C-88739"
Liquor License to 3333 Ramada Road; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on February 1, 2014; such publication cost being $17.75;
and
WHEREAS, a public hearing was held on February 11, 2014 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 127 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item I-2
#2014-26 - Consideration of One & Six Year Street Improvement
Plan
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 2/11/2014 Page 128 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-26
WHEREAS, the Regional Planning Commission, after public notice having been
published in one issue of the Grand Island Independent, and such notice also having been posted
in at least three places in areas where it was likely to attract attention, conducted a public hearing
on February 5, 2014, on the One and Six Year Street Improvement Plan for the City of Grand
Island; and
WHEREAS, at the February 5, 2014 public hearing, the Regional Planning
Commission approved the One and Six Year Street Improvement Plan 2014-2019, and
recommended that such program be approved by the City Council; and
WHEREAS, the Grand Island City Council, after public notice having been
published in one issue of the Grand Island Independent, and such notice also having been posted
in at least three places in areas where it was likely to attract attention, conducted a public hearing
on February 11, 2014, on the One and Six Year Street Improvement Plan for the City of Grand
Island; and
WHEREAS, this Council has determined that the One and Six Year Street
Improvement Program as set out in Exhibit “A” should be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street
Improvement Program 2014-2019, based on priorities of needs and calculated to contribute to the
orderly development of city streets, and identified as Exhibit “A”, is hereby approved and
adopted by this Council.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 129 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item I-3
#2014-27 - Consideration of Support of LB 935 Regarding the
Relocation of the Grand Island Veterans Home
Staff Contact: Mayor Jay Vavricek
Grand Island Council Session - 2/11/2014 Page 130 / 158
Council Agenda Memo
From:Mayor Jay Vavricek
Meeting:February 11, 2014
Subject:Support of LB 935 – Relocation of State Services
Item #’s:I-3
Presenter(s):Mayor Jay Vavricek
Background
District 35 State Senator Mike Gloor has introduced legislation to determine a well-
defined, transparent and understood legislative manner to re-locate future state facilities
and prevent the closure of the Grand Island Veterans Home.
The legislation is co-sponsored by Senators Annette Dubas and Kate Sullivan.
Discussion
As demonstrated by the unanimous approval of six city council resolutions supporting the
service and sacrifice of veterans and the ongoing care of members in the Grand Island
Veterans Home, a resolution supporting Senator Gloor and the committee's consent to
advance LB 935 to the full legislature is sought.
Testimony of LB 935 is set to occur Thursday, February 13, 2014 before the
Government, Military, and Affairs Committee. This resolution will become a part of its
official public record of testimony and consideration.
The entire bill in its entirety is being extended for public awareness.
A full legislative discussion would provide greater transparency of the state's
recommendation, greater trust in government and potentially maintain the ongoing
service of the Grand Island Veterans Home in our community.
This gesture is in harmony with the outpouring of support this Mayor and every council
member has demonstrated in support of the 127 year history of service as home of the
Grand Island Veterans Home.
Grand Island Council Session - 2/11/2014 Page 131 / 158
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 support LB 935.
Sample Motion
Move to support LB 935.
Grand Island Council Session - 2/11/2014 Page 132 / 158
LEGISLATURE OF NEBRASKA
ONE HUNDRED THIRD LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 935
Introduced by Gloor, 35; Dubas, 34; Sullivan, 41.
Read first time January 16, 2014
Committee: Government, Military and Veterans Affairs
A BILL
FOR AN ACT relating to state government; to require legislative1
approval to move state services between jurisdictions.2
Be it enacted by the people of the State of Nebraska,3
LB 935 LB 935
-1-
Grand Island Council Session - 2/11/2014 Page 133 / 158
Section 1. (1) A state agency that seeks to move a state1
service from one jurisdiction to another jurisdiction that is2
projected to cost or have a fiscal impact of fifteen million dollars3
or more shall submit the following information to the Executive Board4
of the Legislative Council: (a) A description of the proposed move,5
(b) justification for the proposed move, (c) a review of the long-6
term cost, if any, (d) measurable goals for improving the quality of7
the service, (e) an assessment of the feasibility of alternatives8
within the state agency to moving the service, (f) any known or9
foreseeable legal, environmental, or other issues related to the10
proposed move, and (g) a description of economic development efforts11
that will be undertaken to use any facility abandoned by the move or12
to create new economic activity for the jurisdiction from which the13
service is moved.14
(2) In calculating the long-term cost under subsection15
(1) of this section, the state agency shall project, for twelve16
months and for sixty months, the following:17
(a) Direct costs of providing the state service in the18
new jurisdiction and of moving from the other jurisdiction;19
(b) Indirect costs of providing the state service in the20
new jurisdiction and of moving from the other jurisdiction;21
(c) Any continuing or transitional costs of providing the22
state service in the new jurisdiction and of moving from the other23
jurisdiction;24
(d) Additional costs of providing the state service in25
LB 935 LB 935
-2-
Grand Island Council Session - 2/11/2014 Page 134 / 158
the new jurisdiction or in the other jurisdiction; and1
(e) Capital construction costs.2
(3) The chairperson of the executive board or a committee3
staff person of the executive board shall refer the information4
submitted pursuant to subsection (1) of this section to the5
chairperson of the standing committee of the Legislature which has6
subject matter jurisdiction over the state service to be moved. The7
standing committee shall (a) investigate the proposed move and (b)8
hold a hearing. The standing committee shall introduce a resolution9
that approves, disapproves, or takes no position on moving the state10
service.11
(4) Any move of a state service subject to this section12
shall be approved by the Legislature prior to implementation. If the13
Legislature approves the move by resolution or takes no position on14
the move, the state agency may move the state service as described in15
the information submitted pursuant to subsection (1) of this section.16
If the Legislature disapproves of the move by resolution, the state17
agency shall not move the state service.18
(5) For purposes of this section:19
(a) Jurisdiction means a county, city, or village;20
(b) State agency means any agency, board, or commission21
of this state other than the University of Nebraska, the Nebraska22
state colleges, the courts, the Legislature, or any officer or state23
agency established by the Constitution of Nebraska; and24
(c) State service means the provision of any governmental25
LB 935 LB 935
-3-
Grand Island Council Session - 2/11/2014 Page 135 / 158
service by a state agency.1
(6) This section applies to any move of a state service2
proposed on or after January 1, 2013, except that if the move was3
proposed prior to the effective date of this act, this section shall4
not apply if all sources of funding for the move have been secured or5
have been conditionally approved by the effective date of this act.6
LB 935 LB 935
-4-
Grand Island Council Session - 2/11/2014 Page 136 / 158
Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-27
WHEREAS, this resolution is to best serve the State of Nebraska, its people, and
Nebraska veterans; and
WHEREAS, transparency of all decisions and considerations affecting its people
in our representative government is best achieved with open thorough public discussions; and
WHEREAS, such citizen trust, understanding, and acceptance occurs as a result
of the “sunshine” of such proceedings; and
WHEREAS, the leadership of 49 state legislators is a necessity to address many
contentious issues, correct misinformation and resolve disagreements of its citizens that
otherwise left unaddressed divide communities and the state’s people from striving to achieve
positive efforts; and
WHEREAS, Legislative Bill 935 is being introduced by Senator Mike Gloor, co-
sponsored by Senators Dubas and Sullivan, in the Government, Military and Veterans Affairs
Committee February 13, 2014 for consideration to the full legislative body; and
WHEREAS, it has strong merit as good policy setting that recognized the
Legislature's duty to oversee state agencies and operations and to avoid dividing communities in
our state as evidenced by the consternation and disharmony within our state that LB 935 is
designed to address; and
WHEREAS Grand Island Mayor Jay Vavricek desires to support any and all
efforts to successfully address the relocation recommendation of the Grand Island Veterans
Home and similarly by the expressed support of the Grand Island City Council it strongly
emulates this same desire, and endorses and supports LB 935 in its entirety as presented
Thursday, February 13, 2014.
THEREFORE, in honor of the committee’s deliberation of LB 935 and its public
testimony designate February 13, 2014 with the same high esteem of March 4, 1887 when the
State legislature fully approved and accepted 640 acres of land from the community of Grand
Island designating Grand Island as the home of a veteran care facility, a facility known as the
Grand Island Veterans Home.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, THAT
February 13, 2014 be declared “Nebraska Veterans Sunshine Day”
- - -
Grand Island Council Session - 2/11/2014 Page 137 / 158
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
Grand Island Council Session - 2/11/2014 Page 138 / 158
City of Grand Island
Tuesday, February 11, 2014
Council Session
Item I-4
#2014-28 - Consideration of Approving a Purchase Agreement for
the Property Located at 1306 West 3rd Street
Staff Contact: Mary Lou Brown, City Administrator
Grand Island Council Session - 2/11/2014 Page 139 / 158
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:February 11, 2014
Subject:Consideration of Approving a Purchase Agreement for
the Property Located at 1306 West Third Street
Item #’s:I-4
Presenter(s):Mary Lou Brown, City Administrator
Robert J. Sivick, City Attorney
Stacy R. Nonhof, Assistant City Attorney
Background
The City of Grand Island (City) is the owner of a vacant building and real estate located
at 1306 West Third Street commonly known as the “One Stop Building” (property). In
2011 the City solicited offers in an attempt to sell the property but none were received.
On May 21, 2013 the property was a topic of discussion during a Study Session meeting
of the Grand Island City Council (Council). Divergent viewpoints on the matter were
voiced by Councilmembers and no action regarding the property was subsequently taken
by the Council. On May 28, 2013 the Council approved Resolution 2013-166 directing
City staff to obtain an appraisal of the property. City staff did so by retaining the services
of the Hendricksen Appraisal Company which appraised the property at $511,000.00. On
November 12, 2013 the Council approved Resolution 2013-374 accepting the appraisal
received from the Hendricksen Appraisal Company.
City staff prepared a Request for Proposals (RFP) for the sale of the property which was
published in the Grand Island Independent on November 18, 2013. The RFP stated the
deadline for submitting proposals was December 4, 2013, the property was to be
purchased “as is”, “[p]roposals must remain firm for ninety (90) days”, and sought the
“best use of this property” based on the following criteria:
1. Benefit to the Neighborhood and Community;
2. Intended Use;
3. Purchase Price; and
4. Fiscal Responsibility.
Only one proposal was received, that being from the County of Hall (County). The
County’s proposal was made on behalf of the Hall County Board of Supervisors (County
Grand Island Council Session - 2/11/2014 Page 140 / 158
Board) and signed by then Chairperson Pamela Lancaster. The proposal contained in part
the following:
1. The purchase price offered was $600,000.00;
2. “The proposed purchase of the real estate assumes the purchase of the real estate
in ‘as is’ condition.”;
3. “The real estate so acquired would be renovated to provide suitable judicial
atmosphere for a long term, non-permanent location of the County and District
Courts of Hall County.”; and
4. “The proposed purchase would benefit all citizens of Hall County in that it is
projected that the proposed use of the real estate during the renovation of the Hall
County Courthouse would result in a substantial savings of tax dollars when
compared to alternative proposals for the Courthouse renovation project.”
The City Legal Department negotiated terms of the sale of the property with County legal
staff and the Purchase Agreement was largely drafted by County legal staff. Upon
successful completion of negotiations the City Administration accepted the County’s
offer contingent upon Council approval.
On Tuesday, January 14, 2014 the County Board approved the Purchase Agreement
before you for consideration this evening.
Discussion
Over the last several weeks City staff has been aware of news media reports and public
and private statements by City and County officials regarding this matter. In order to
avoid confusion, clarification of several points is in order.
INTERNAL DEPARTMENTAL TRANSFERS OF CITY PROPERTY
City Departments often have property no longer needed to carry out Departmental
functions. In almost all cases this property consists of things like office furniture and
equipment, tools or other specialized equipment, and on occasion motor vehicles. Rather
than dispose of this property at auction which adds to administrative costs and nets little
or nothing in sale proceeds, other Departments are allowed to acquire such surplus
property for their particular Departmental use. Such transfers are not accomplished with
cash transactions but rather through changes to City accounting and inventory records.
City divestiture of real estate is an entirely different matter. The value of real estate is far
higher and its use affects the livability of the City to a greater extent than the divestiture
of office equipment and even motor vehicles. Given the obligation of City staff to be
good stewards of the public’s treasure, seeking proposals for the use of City real estate
before carrying out an internal transfer is responsible, sound policy and insures maximum
transparency of such divestitures. The advice of the Legal Department in this matter was
that although the City was not obligated to seek outside proposals for the sale and use of
the property it was the most prudent and fiscally responsible course of action. Such
Grand Island Council Session - 2/11/2014 Page 141 / 158
action insured the City would maximize its financial return for the sale of the property
and insure it was used in the best interests of the people of Grand Island.
RFP PROCESS
The RFP process is governed by Chapter 27 of the Grand Island City Code (Code) which
addresses City procedures for buying and selling property and contracting for services.
§27-5 of the Code directs the City Attorney to carry out the duties of the City Purchasing
Agent. §27-9 of the Code grants the Purchasing Agent the ability to authorize an RFP
when he or she determines to do otherwise would not be “advantageous to the City”. The
City Legal Department, acting as the Purchasing Agent, determined an RFP for the
divestiture of the property was warranted for the reasons set forth in the previous
paragraph and advised the Administration of such.
A Tuesday, January 28, 2014 article in the Grand Island Independent reported a City
Department “was excluded from the city’s own bidding process.” Departments do not
participate in the RFP process because that process requires negotiation with the
proposing party before a contract can be presented to the Council for approval. The
Legal Department negotiates such matters on behalf of the City as its counsel and
pursuant to its duties as Purchasing Agent. The Code of Professional Responsibility, the
rules governing members of the legal profession, prohibits lawyers from representing
both sides in a negotiated transaction. Accordingly, it is impossible for Departments to
participate in the RFP process as the Legal Department cannot represent both the
Department and City in negotiating a contract. In layman’s terms, the City does not
negotiate with itself. This advice was provided by the Legal Department to the City
official making inquiry into the matter.
“AS IS” STATUS OF THE PROPERTY
The RFP states, “[p]ersons submitting proposals are hereby notified that the real estate
offered for sale pursuant to this request for proposal is offered ‘as is.’”
The County’s proposal states, “[t]he proposed purchase of the real estate assumes the
purchase of the real estate in ‘as is’ condition.”
The Purchase Agreement drafted by County legal staff states, “[s]eller is selling the
Property ‘AS-IS’, making no representations or warranties concerning the Property of
any kind or nature....”
Selling real estate on an “as is” basis is common as sellers do not want to legally bind
themselves to guaranteeing buildings are suited to uses planned or not yet planned by
buyers. For that reason it is incumbent on buyers to inspect buildings to insure its
condition meets its planned immediate and future uses. To accomplish this buyers are
given the right to conduct or have experts conduct inspections of buildings before making
an offer to purchase. Such was the case in this matter as evidenced by the language of
the Purchase Agreement drafted by the County’s legal staff.
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OCCUPATIONAL SAFETY AND HEALTH STANDARDS
City staff is aware of recent statements from County officials expressing concerns
regarding the property’s “life safety” status. The relevant provisions of the Purchase
Agreement, drafted by County legal staff states, “[s]eller has no knowledge and has
received no notice of any violation of applicable occupational safety and health standards
established by law or regulation.”
The City is not aware of any communication from Federal, State, or local authorities
regulating or enforcing workplace or any other safety standards, that the City is in
violation of any such standards. In addition, the City has not been provided evidence to
the contrary by anyone.
The Purchase Agreement also states, “[b]uyer may obtain such inspections of the
Property as Buyer may desire at Buyer’s expense. If Buyer is dissatisfied with the
condition of the Property or compliance with applicable occupational safety and health
standards established by law or regulation and if Seller declines to make any requested
repairs to the Property or comply with any claimed occupational safety or health
violations, Buyer may terminate this Agreement without penalty. Seller has no obligation
to perform any repairs to the Property.”
The City has not received any notice from the County alleging specific non-compliance
with “applicable occupational safety and health standards established by law or
regulation”. Additionally, the City has not received any request from the County it make
“requested repairs to the Property or comply with any claimed occupational safety or
health violations.”
BINDING STATUS OF COUNTY’S OFFER
City staff is aware of recent statements of County officials expressing a desire to rescind
its offer to purchase the property. In addition, City staff is aware rescinding the offer
may be an agenda item for the Tuesday, February 11, 2014 meeting of the County Board.
The Purchase Agreement, drafted by County legal staff states, “[t]his Agreement has
been duly approved by the Board of Supervisors of Buyer and executed by its Chairman,
and constitutes a legal, valid, and binding obligation of Buyer, enforceable against Buyer
in accordance with its terms.”
The Purchase Agreement also states, “[i]n the event of default by either party, the non-
defaulting party may enforce all rights and remedies as by law provided.”
In addition, a Wednesday, January 15, 2014 article in the Grand Island Independent
reporting the County Board’s approval of the Purchase Agreement stated, “Chief Deputy
Hall County Attorney Jack Zitterkopf said the city’s request required that offers be firm
for 90 days, so he felt the county would be ‘putting itself at risk’ if it tried to withdraw
the proposal.” The City legal staff concurs with Mr. Zitterkopf’s opinion on the matter.
When the County Board, acting as the County’s governing body, approved the Purchase
Agreement at its January 14, 2014 meeting it bound the County to the terms of that
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Agreement unless and until the Council, acting as the City’s governing body, rejected the
Purchase Agreement as the other party to the proposed contract and the party to which
the County’s binding offer was tendered.
CITY POLICY AND STANDARDS IN CONDUCTING BUSINESS
The City Administrative and Legal staff takes pride in the professional manner in which
it conducts business with outside parties. It respects and strictly adheres to its legal
obligations in contracting and doing business in general. Likewise, it expects parties it
contracts with to do the same. Maintaining these high standards consistently benefits the
City and its citizens as parties doing business with the City can rely upon the City’s full
faith and credit and be confident it will always meet its legal obligations. Adhering to
these high standards consistently allows the City to demand and obtain favorable terms
from parties unavailable to other entities not having a reputation for maintaining such
standards.
CONCLUSION
City staff hopes the content of this memo addresses any questions or concerns of the
Council raised by City officials or other parties.
The issue before the Council tonight is not to negotiate, re-negotiate, or amend the terms
of the Purchase Agreement with the County. In addition, the issue before the Council is
not to propose or decide on alternative uses for the property. The issue before the
Council is solely whether to accept or reject the County’s offer (the terms of which are
memorialized in the Purchase Agreement) to purchase the property.
If the Council accepts the County’s offer, City staff will proceed to take steps necessary
to transfer ownership and possession of the property. If the Council rejects the County’s
offer, City will retain ownership of the property.
Alternatives
It appears the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve.
2.Move to reject.
Recommendation
The City Administration recommends the Council approve Resolution 2014-28 to
approve the Purchase Agreement for the sale of the property located at 1306 West Third
Street to Hall County.
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Sample Motion
Move to approve Resolution 2014-28 authorizing the Mayor to execute the Purchase
Agreement of behalf of the City for the sale of the property located at 1306 West Third
Street to Hall County.
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REQUEST FOR PROPOSAL
Purchase of One-Stop Building located at 1306 W 3rd Street
For the
CITY OF GRAND ISLAND, NEBRASKA
______________________________________________________________________
Proposals will be received at the office of the City Clerk, 100 East First Street, Grand Island,
Nebraska 68801 or P.O. Box 1968, Grand Island, Nebraska 68802, until 4:00 p.m. (local time)
on Wednesday, December 4, 2013, for a Proposal to Purchase “One-Stop” Building located
at 1306 West 3rd Street, Grand Island from the City of Grand Island. Proposals received after
the specified time will be returned unopened to sender. Proposals shall include the following on
the outside of the mailing envelope: “Proposal to Purchase “One-Stop” Building located at
1306 West 3rd Street ". All proposals must be signed and dated to be accepted. Proposals shall
be addressed to the attention of Stacy R. Nonhof, Assistant City Attorney. The original
proposal and three (3) complete copies shall be submitted for evaluation purposes.
The proposal package is also available on-line at www.grand-island.com under Business, Bids
and Requests for Proposals.
Proposals will be evaluated by the City based on price, intended use and benefit to the
neighborhood and/or community.
The City reserves the right to reject any or all proposals, to waive irregularities therein, and to
accept whichever proposal that may be in the best interest of the City, at its sole discretion.
Proposals may not be withdrawn for a period of ninety (90) days after date of opening.
RaNae Edwards, City Clerk
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REQUEST FOR PROPOSAL
Purchase of One-Stop Building located at 1306 W 3rd Street
For the
CITY OF GRAND ISLAND, NEBRASKA
Introduction
The City of Grand Island is seeking proposals from qualified groups, firms and individuals to
purchase the property located at 1306 West 3rd Street, Grand Island, NE, along with various
tracts of excess land, more commonly known as the “One-Stop” building from the City of Grand
Island.
The legal description of the property located at 1306 West 3rd Street proper is:
All of block 15 and West ½ 40 feet of vacated Adams Street and North of East ½ of vacated
Adams Street, Arnold and Abbott’s addition, City of Grand Island, Hall County, Nebraska.
The legal description of the excess land is:
Lots 3 and 4, Arnold and Abbott’s Addition, City of Grand Island, Hall County, Nebraska.
The City’s objectives are to achieve the highest and best use of this property and to meet the
legal requirements regarding the sale of the public property.
Proposals will be evaluated and scored based upon the following criteria:
1.Benefit to the neighborhood and/or community.
2.Intended use
3.Purchase price
4.Fiscal responsibility
The City may request additional information during the evaluation process.
AS IS
Persons submitting proposals are hereby notified that the real estate offered for sale pursuant to
this request for proposal is offered “as is.”
Contract Negotiations
An evaluation committee will rank the proposals according to the selection criteria and
interviews may be scheduled accordingly. The City will attempt to negotiate an agreement with
the highest ranked proposer subject to the approval of the City Council and further subject to the
public’s right of remonstrance for sale of publicly owned real estate.
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Submittals
Proposals must be delivered to the Grand Island City Clerk’s office no later than 4:00 p.m. (local
time) on the 4th day of December, 2014. Proposers need to submit the original and three (3)
copies of the proposal in a sealed envelope clearly marked on the outside as containing
“Proposal to Purchase “One-Stop” Building.” Submit proposals to RaNae Edwards, City
Clerk, City of Grand Island, 100 East First Street, Grand Island, Nebraska 68801 or P.O. Box
1968 Grand Island, Nebraska 68802. Interested persons, groups or firms should submit their
questions to Stacy R. Nonhof, Assistant City Attorney, at (308) 385-5420.
Proposals must remain firm for ninety (90) days from the proposal date. The City of Grand
Island reserves the right to reject any and all proposals, waive irregularities, and to select the
proposal that is deemed to be in the best interest of the City at its sole discretion.
Price is not the sole selection factor and will be considered together with the other factors
allowed under Nebraska Law regarding the sale of publicly owned property.
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Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
PURCHASE OF ONE-STOP BUILDING LOCATED AT 1306 WEST 3RD STREET
RFP DUE DATE:December 4, 2013 at 4:00 p.m.
DEPARTMENT:Legal
PUBLICATION DATE:November 18, 2013
NO. POTENTIAL BIDDERS:N/A
SUMMARY OF PROPOSALS RECEIVED
Hall County
Grand Island, NE
cc:Robert Sivick, City Attorney Mary Lou Brown, City Administrator
Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent
P1692
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Approved as to Form ¤ ___________
February 9, 2014 ¤ City Attorney
R E S O L U T I O N 2014-28
WHEREAS, the City of Grand Island owns and is not using a building and real
estate (property) located at 1306 West Third Street, Grand Island, Hall County, Nebraska and
more particularly described as:
Lots Three (3) and Four (4), Arnold and Abbott’s Addition to the City of Grand Island, Hall
County, Nebraska; and
WHEREAS, a Request for Proposals was prepared and published soliciting
proposals for the sale and use of the property; and
WHEREAS, a proposal was received from the County of Hall, the terms of which
are memorialized in a Purchase Agreement; and
WHEREAS, on January 14, 2014 the Hall County Board of Supervisors acting as
the governing body for the County of Hall, approved said Purchase Agreement; and
WHEREAS, the terms of said Purchase Agreement have been negotiated,
reviewed, and approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City approves the terms of the
Purchase Agreement and the Mayor is authorized to execute it on behalf of the City of Grand
Island.
Adopted by the City Council of the City of Grand Island, Nebraska, February 11, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, Assistant to the City Administrator
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City of Grand Island
Tuesday, February 11, 2014
Council Session
Item J-1
Approving Payment of Claims for the Period of January 29, 2014
through February 11, 2014
The Claims for the period of January 29, 2014 through February 11, 2014 for a total amount of
$2,507,213.03. A MOTION is in order.
Staff Contact: RaNae Edwards
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