07-08-2014 City Council Regular Meeting Packet
City of Grand Island
Tuesday, July 8, 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 - 7/8/2014 Page 1 / 131
City of Grand Island Tuesday, July 8, 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 - Pastor Scott Friesen, Berean Bible Church, 4116 West Capital
Avenue
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 - 7/8/2014 Page 2 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item E-1
Public Hearing on Acquisition of Utility Easement - 4395 Gold
Core Drive - TNS Holdings, L.L.C. (Rich & Sons)
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 7/8/2014 Page 3 / 131
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:July 8, 2014
Subject:Acquisition of Utility Easement – 4395 Gold Core Drive
– TNS Holdings, L.L.C.
Item #’s:E-1 & G-5
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of TNS Holdings, L.L.C., located at 4395 Gold Core Drive, in the City of Grand Island,
Hall County, in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Discussion
Rich & Sons Camper Sales has constructed a new building to be used for repair of
campers. This easement will be used to locate new cable, conduit, and a pad-mounted
transformer to provide electricity to their new facility.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
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Grand Island Council Session - 7/8/2014 Page 5 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item E-2
Public Hearing Approving Acquisition of Right-of-Way for Capital
Avenue Widening – Webb Road to Broadwell Avenue
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 7/8/2014 Page 6 / 131
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:July 8, 2014
Subject:Public Hearing Approving Acquisition of Right-of-Way
for Capital Avenue Widening – Webb Road to Broadwell
Avenue
Item #’s:E-2 & G-9
Presenter(s):John Collins PE, Public Works Director
Background
The City and the Nebraska Department of Roads (NDOR) entered into an agreement,
which was executed by the City on May 24, 2011 by Resolution No. 2011-124, which
specified various duties and funding responsibilities for the Capital Avenue – Webb Road
to Broadwell Avenue project. The agreement required that NDOR Standards and
Specifications are to be used for design, construction inspection and quality control.
This project will consist of removal of the existing 24’ wide asphalt roadway and
construction of new concrete pavement on Capital Avenue from Webb Road through
Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement.
Other improvements include construction of sidewalks and a concrete hike/bike trail,
updated street lighting, and construction of new storm sewer. A pedestrian signal will be
constructed approximately 1000’ east of Webb Road to provide for safe crossing for
users of the hike/bike trail.
This project will be coordinated with the North Interceptor Sanitary Sewer project.
Right-of-Way is necessary for this project to be completed, which must be approved by
City Council.
Discussion
Right-of-Way is needed from 2 property owners and 1 tenant in this project area. All
documents have been signed and returned by the property owners. Authorization of the
documents is contingent upon City Council approval. Following is a summary of the
payments, totaling $22,320.00.
Grand Island Council Session - 7/8/2014 Page 7 / 131
Tract
No Owner/Address Legal
Right-of-Way
Payment
(minimum
$100.00)
Payment
of
Damages
Total
1L
Matthew “Matt”
Panowicz, John
Panowicz, Robert
“Bob” Panowicz, and
Michael “Mike”
Panowicz (Lessee)
A TRACT OF LAND CONSISTING OF PART
ON AN UNPLATTED TRACT LOCATED IN
THE SOUTH HALF (S1/2) OF FRACTIONAL
SECTION 6, TOWNSHIP 11 NORTH, RANGE 9
WEST, CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST
CORNER OF SAID FRACTIONAL SECTION 6;
THENCE ON AN ASSUMED BEARING OF
N01°33'03"W ALONG THE WEST LINE OF
SAID SECTION 6 A DISTANCE OF 33.00
FEET; THENCE N89°19'05"E A DISTANCE OF
33.00 FEET TO THE SOUTHWEST CORNER
OF AN UNPLATTED TRACT OF LAND AS
DESCRIBED IN INSTRUMENT NUMBER 84-
004813, HALL COUNTY REGISTER OF
DEEDS; THENCE N01°33'03"W ALONG THE
WEST LINE OF SAID UNPLATTED TRACT A
DISTANCE OF 25.00 FEET TO A WESTERLY
CORNER OF SAID UNPLATTED TRACT,
SAID POINT ALSO BEING THE POINT OF
INTERSECTION OF THE NORTH RIGHT-OF-
WAY (R.O.W.) LINE OF CAPITAL AVENUE
AND THE EAST R.O.W. LINE OF WEBB
ROAD AND THE POINT OF BEGINNING;
THENCE CONTINUING N01°33'03"W ALONG
SAID EAST R.O.W. LINE A DISTANCE OF
12.36 FEET; THENCE S53°27'14"E A
DISTANCE OF 61.75 FEET TO A POINT ON
THE NORTH R.O.W. LINE OF CAPITAL
AVENUE; THENCE S89°19'05"W ALONG
SAID NORTH R.O.W. LINE A DISTANCE OF
29.60 FEET TO THE SOUTHEAST CORNER OF
SAID UNPLATTED TRACT DESCRIBED IN
INSTRUMENT NUMBER 84-004813; THENCE
N38°28'00"W ALONG THE EASTERLY LINE
OF SAID UNPLATTED TRACT DESCRIBED
IN INSTRUMENT NUMBER 84-004813, SAID
EASTERLY LINE ALSO BEING THE NORTH
R.O.W. LINE OF CAPITAL AVENUE, A
DISTANCE OF 8.86 FEET; THENCE
N00°32'14"W ALONG SAID NORTH R.O.W.
LINE A DISTANCE OF 9.00 FEET; THENCE
S89°19'05"W ALONG SAID NORTH R.O.W.
LINE A DISTANCE OF 7.00 FEET; THENCE
N38°28'00"W ALONG SAID NORTH R.O.W.
LINE A DISTANCE OF 11.38 FEET TO THE
POINT OF BEGINNING. SAID TRACT
CONTAINS 637 SQUARE FEET MORE OR
LESS.
$100.00 NONE $100.00
Grand Island Council Session - 7/8/2014 Page 8 / 131
5
Longleaf, L.L.C.
c/o Andrew Marsh
A TRACT OF LAND CONSISTING OF PART
OF LOT 1, BLOCK 8 REPLAT, CONTINENTAL
GARDENS AN ADDITION TO THE CITY OF
GRAND ISLAND, HALL. COUNTY,
NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF
SAID LOT 1, SAID POINT ALSO BEING ON
THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE
OF CAPITAL AVENUE AND THE POINT OF
BEGINNING; THENCE ON AN ASSUMED
BEARING OF S00°56'29”E ALONG THE EAST
LINE OF SAID LOT 1, A DISTANCE OF 19.86
FEET; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION HAVING A DELTA
ANGLE OF 06°44'05”, A RADIUS OF 108.00
FEET, AN ARC LENGTH OF 12.69 FEET AND
A CHORD BEARING S84°25'38”W FOR A
DISTANCE OF 12.69 FEET; THENCE
S87°34'02”W, A DISTANCE OF 139.79 FEET;
THENCE S89°13'17”W, A DISTANCE OF 58.13
FEET TO A POINT ON THE WEST LINE OF
SAID LOT 1; THENCE N01°30'22”W ALONG
SAID WEST LINE AND THE EAST LINE OF A
UNPLATTED TRACT, A DISTANCE OF 25.65
FEET TO THE NW CORNER OF SAID LOT 1,
SAID POINT ALSO BEING ON THE SOUTH
R.O.W. LINE OF CAPITAL AVENUE; THENCE
N89°11'12”E ALONG SAID SOUTH R.O.W.
LINE, A DISTANCE OF 244.63 FEET TO THE
POINT OF BEGINNING. SAID TRACT
CONTAINS 5,790.00 SQUARE FEET MORE OR
LESS.
5,790.00 SF @
$1.45/SF NONE $8,400.00
31 Debra J. Shafer and
Michael A. Shafer
A TRACT OF LAND CONSISTING OF PART
OF A TRACT DESCRIBED AS LOTS 1 AND 3,
BLOCK 1, OF COLLEGE ADDITION TO WEST
LAWN IN THE CITY OF GRAND ISLAND,
HALL. COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF
SAID LOT 1, SAID POINT ALSO BEING ON
THE SOUTH RIGHT OF WAY (R.O.W.) LINE
OF CAPTIAL AVENUE AND THE POINT OF
BEGINNING; THENCE ON AN ASSUMED
BEARING OF N89°47'43”E ALONG SAID
SOUTH R.O.W. LINE, A DISTANCE OF 127.77
FEET; THENCE S45°32'30”E ALONG SAID
SOUTH R.O.W. LINE, A DISTANCE OF 35.56
FEET TO THE POINT OF INTERSECTION OF
SAID SOUTH R.O.W. LINE AND THE WEST
R.O.W. LINE OF BROADWELL AVENUE;;
THENCE S00°52’42”E ALONG SAID WEST
R.O.W. LINE, A DISTANCE OF 91.63 FEET TO
THE SE CORNER OF SAID LOT 3; THENCE
1,973.00 SF @
$7.00/SF NONE $13,820.00
Grand Island Council Session - 7/8/2014 Page 9 / 131
S89°01’20”W ALONG THE SOUTH LINE OF
SAID LOT 3, A DISTANCE OF 1.43 FEET;
THENCE N03°41’10”W A DISTANCE OF 79.91
FEET; THENCE N45°09’22”W, A DISTANCE OF
38.06 FEET; THENCE S89°50’38”W, A
DISTANCE OF 120.82 FEET TO A POINT ON
THE WEST LINE OF SAID LOT 1; THENCE
N01°00”46”W ALONG SAID WEST LINE A
DISTANCE OF 9.84 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS
1,973.00 SQUARE FEET MORE OR LESS.
Grand Total $22,320.00
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 the acquisition of Right-of-
Way between the City of Grand Island, Public Works Department and the affected
property owners in the Capital Avenue Widening – Webb Road to Broadwell Avenue
Project.
Sample Motion
Move to approve the acquisition of Right-of-Way.
Grand Island Council Session - 7/8/2014 Page 10 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-1
Approving Minutes of June 24, 2014 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/8/2014 Page 11 / 131
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
June 24, 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 June 24, 2014. Notice of the meeting was given in The Grand Island Independent on
June 18, 2014.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Kent Mann, Linna Dee Donaldson, Julie Hehnke, Mitch Nickerson, Peg
Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. Councilmember Chuck
Haase was absent. The following City Officials were present: City Administrator Mary Lou
Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney
Robert Sivick, and City Engineer and Public Works Director John Collins.
INVOCATION was given by Reverend Nick Petrick, New Life Community Church, 301 West
2nd Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Jimmy Riley.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Central Catholic High School Student Zach Brittain – All-Class State Champion
Discus and Class “C” State Champion Shot Put. The Mayor and City Council recognized Central
Catholic High School student Zach Brittain and Coaches Keith Kester, Bill Schlachter, and
Duane Spale for his All-Class State Championship in Discus and Class “C” State Champion in
Shot Put. Zach Brittain, Coaches Kester, Schlachter, Spale and his parents Kevin and Kellie
Brittain were present for the recognition.
Recognition of Central Catholic High School Student Matt Novinski - State Champion
Swimming - 100 Meter Backstroke. The Mayor and City Council recognized Central Catholic
High School student Matt Novinski and Coach Brian Jensen for his State Championship in
Swimming the 100 Meter Backstroke. Matt Novinski, his father Dan Novinski and Coach Jensen
were present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement located at 2920 S. Stuhr Road (Steve &
Salley Husen). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 2920 S. Stuhr Road was needed in order to have access to install, upgrade, maintain,
and repair power appurtenances, including lines and transformers for the upgrade of power lines.
The relocation will accommodate property lines and the easement will be used to clear-up old
property records. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 3521 U.S. Highway 34 (Craig &
Lesa Dixson). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located at 3521 U.S. Highway 34 was needed in order to have access to install, upgrade,
Grand Island Council Session - 7/8/2014 Page 12 / 131
Page 2, City Council Regular Meeting, June 24, 2014
maintain, and repair power appurtenances, including lines and transformers for the purpose of
providing a legal path across this property to allow electrical service to Lot One (1), Dixson
Subdivision. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 2807 and 2825 N. Engleman Road
(Joseph Brown & Lori Bear-Brown). Utilities Director Tim Luchsinger reported that acquisition
of a utility easement located at 2807 and 2825 N. Engleman Road was needed in order to have
access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers for the purpose of placing a new underground power line and pad-mounted
transformer. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 2807 and 2825 N. Engleman Road
(Jack Voss). Utilities Director Tim Luchsinger reported that acquisition of a utility easement
located south of the alley behind 106 & 108 West 4th Streets was needed in order to have access
to install, upgrade, maintain, and repair power appurtenances, including lines and transformers
for the purpose of placing a new underground power line and Pad-mounted transformer. Staff
recommended approval. No public testimony was heard.
Public Hearing for Phase II Comprehensive Revitalization Community Block Grant Application.
Finance Director Jaye Monter reported that the City was requesting a 2014 Phase II
Comprehensive Revitalization Grant for $220,000 plus $5,000 in General Administration to
assist in funding the 4th and 5th Streets improvement project. Staff recommended approval. No
public testimony was heard.
Public Hearing on Dedication of Right-of-Way for the Capital Avenue – Webb Road to
Broadwell Avenue Widening Project (Webb Mini Park). Public Works Director John Collins
reported that acquisition of right-of-way for the Capital Avenue – Webb Road to Broadwell
Avenue Widening Project was needed to accommodate the public utilities and a widened
roadway along Capital Avenue. Staff recommended approval. No public testimony was heard.
CONSENT AGENDA: Consent Agenda item G-13 was removed from the agenda for further
discussion. Motion by Minton, second by Hehnke to approve the Consent Agenda excluding
item G-13. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of June 10, 2014 City Council Regular Meeting.
Approving Minutes of June 17, 2014 City Council Study Session.
Approving Appointments of Kelli Arens and Edward Meedel and the Re-Appointments of
Rebecca Rosenlund and Alan Lepler to the Library Board. Councilmember Gilbert thanked
Library board members Karl Kostbahn and Nancy Jones for serving on this board.
#2014-167 - Approving Final Plat and Subdivision Agreement for Copper Creek Estates Eighth
Subdivision. It was noted that Sean O’Connor, owner, had submitted the Final Plat and
Subdivision Agreement for Copper Creek Estates Eighth Subdivision for the purpose of creating
44 lots located south of Old Potash Highway and east of Engleman Road containing 13.203
acres.
Grand Island Council Session - 7/8/2014 Page 13 / 131
Page 3, City Council Regular Meeting, June 24, 2014
#2014-168 - Approving Final Plat and Subdivision Agreement for Karle Subdivision. It was
noted that Robert & Deborah Karle and Pat & Gary Anderson, owners, had submitted the Final
Plat and Subdivision Agreement for Karle Subdivision for the purpose of creating 2 lots located
south of Old Potash Highway and east of Monitor Road containing 4.92 acres.
#2014-169 - Approving Acquisition of Utility Easement located at 2920 S. Stuhr Road (Steve &
Sally Husen).
#2014-170 - Approving Acquisition of Utility Easement located at 3521 U.S. Hwy. 34 (Craig &
Lesa Dixson).
#2014-171 - Approving Acquisition of Utility Easement located at 2807 & 2825 N. Engleman
Road (Joseph Brown and Lori Bear-Brown).
#2014-172 - Approving Acquisition of Utility Easement located at 2807 & 2825 N. Engleman
Road (Jack Voss).
#2014-173 - Approving Bid Award for Communication Cards for Electric Substations with RFL
Electronics, Inc. of Booton Township, NJ in an Amount of $149,975.48.
#2014-174 - Approving Vendor Payment for Wind Damage at the Heartland Events Center with
Jerry’s Sheet Metal, Inc. of Grand Island, NE in an Amount of $29,200.00.
#2014-175 - Approving Designated Depositories and City Treasurer Authorizations.
#2014-176 - Approving Phase II Comprehensive Revitalization Community Block Grant
Application. This item was related to the aforementioned Public Hearing. Discussion was held
regarding the decision to do street projects as opposed to housing projects. Ms. Monter stated the
Community Development Department and the Public Works Department worked together to
look at eligible projects. They would continue to look at housing projects. Questions were asked
by Council as to whether this had gone through the Community Development Advisory
Committee. Ms. Monter stated the Committee had previous knowledge of the original
community revitalization grant from 2012. This was Phase II of that grant.
Motion by Donaldson, second by Nickerson to approve Resolution #2014-176. Upon roll call
vote, Councilmembers Minton, Stelk, Gericke, Gilbert, Nickerson, Hehnke, Donaldson, and
Mann voted aye. Councilmember Paulick voted no. Motion adopted.
#2014-177 - Approving Award of Proposal for Enterprise Asset Management System for the
Public Works Department with Cartegraph Systems, Inc. of Dubuque, IA in an Amount of
$121,840.00 for the current year and years 1-3 licensing costs in an amount of $76,000.00
annually.
#2014-178 - Approving Leasehold Agreement for the Capital Avenue – Webb Road to
Broadwell Avenue Widening Project (United Veterans Club).
#2014-179 - Approving Agreement for Utility Relocation Services to be performed by
CenturyLink for the Capital Avenue – Webb Road to Broadwell Avenue Project.
Grand Island Council Session - 7/8/2014 Page 14 / 131
Page 4, City Council Regular Meeting, June 24, 2014
#2014-180 - Approving Dedication of Right-of-Way for the Capital Avenue – Webb Road to
Broadwell Avenue Widening Project (Webb Mini Park).
#2014-181 - Approving Compensation for Relocation of Fence and Sidewalk at the Nebraska
Veterans Home Anderson Building for the North Interceptor Phase II Sanitary Sewer Project in
an Amount of $133,000.00.
#2014-182 - Approving Change Order No. 1 for the US-30 Drainage Improvement Project with
Kirkham Michael & Associates of Lincoln, NE with no increase to the contract amount.
#2014-183 - Approving Acceptance of Database Sharing Subgrant with the Nebraska State
Patrol.
REQUESTS AND REFERRALS:
Consideration of Forwarding Blighted and Substandard Area #13R Study to the Hall County
Regional Planning Commission. Regional Planning Director Chad Nabity reported that Phil
Ramsey had submitted the Substandard and Blight Study for approximately 1.26 acres of
property located in central Grand Island, north of Phoenix Avenue and west of Lincoln Avenue.
This was a micro blight area that would add less than 0.01% and if approved the community
would bear a designation of 18.57%. Staff recommended approval.
Motion by Gilbert, second by Minton to approve the request. Upon roll call vote, all voted aye.
Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Mann to approve the Claims for the period of June 11, 2014
through June 24, 2014, for a total amount of $7,515,616.29. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:29 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/8/2014 Page 15 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-2
Approving Minutes of June 24, 2014 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/8/2014 Page 16 / 131
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
June 24, 2014
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
June 24, 2014. Notice of the meeting was given in the Grand Island Independent on June 19,
2014.
Mayor Jay Vavricek called the meeting to order at 7:34 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Julie Hehnke, and Kent Mann. Councilmember Chuck Haase
was absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director
Jaye Monter, and City Engineer and Public Works Director John Collins.
SPECIAL ITEMS:
Presentation on Stolley Park Road Configuration. Public Works Director John Collins stated the
Public Works Department had looked at this area for the past 3 years. He reported the
construction of Stolley Park Road was completed in two parts; (South Locust to Blaine) in 1978
and (Blaine to Hwy 281) in 1983. The road was constructed as a four lane arterial route, but the
outside lanes were never opened to traffic. Traffic volume had continued to increase and the City
had received a number of complaints, which the Public Works Department had studied and
verified. Most issues related to the design and current configuration of the street. Questions were
asked concerning the type of accidents. Mr. Collins stated over 60% was rear end accidents.
Engineering Manager Terry Brown commented on this being a Federal Aid Project which was
originally designed as a four lane street. He updated the Council on the history of vehicular
traffic and accidents which had increased over the years. Mentioned was Stolley Park Road was
an arterial roadway and that intersections were working well because of the turn lanes but the
straight ways were the problem.
The following three potential layouts to improve safety and capacity along this route were
presented:
Stripe for four lanes as originally planned/promised.
Stripe for 3 lanes through most of the route, with additional lanes in some locations, as
has been done for several routes in Grand Island.
Stripe for a ‘Complete Street Design’ which would include 3 lanes and bicycle lanes for
most of the route; and some alternate configurations where indicated.
Matt Rief representing Olsson Associates presented the concept on restriping the road to a four
lane and in the area from the railroad tracks going west to a five lane and extending turning
lanes. Discussion was held regarding traffic signals.
Presented was a three lane concept with two lanes of traffic and a turning lane and bike lanes on
each side. Discussion was held concerning the safety of bike lanes and parking along Stolley
Park. Mentioned were cars illegally passing on the right. Mr. Brown stated both schools along
Grand Island Council Session - 7/8/2014 Page 17 / 131
Page 2, City Council Study Session, June 24, 2014
this route would have to look at drop off and pick up zones. Dan Petsch with the Grand Island
Public Schools commented on the driveways for drop off and pick up and supported the three
lane design.
Mentioned was the need to have more signals on this road so people could cross the road. Stolley
Park entrance intersection was mentioned and the possibility of changing the entrance. Also
mentioned was the entrance at Runza and the need to look at this entrance.
Mr. Collins stated a speed limit study would need to be done. Police Chief Steve Lamken stated
this was not a safe street, it was a busy arterial and the city needed to do something with it.
Waunita McGowan, 2909 Circle Drive spoke of the need for changes on this road to make it
safer. Chris Rosacker, 1123 W. Division spoke in support of a three lane with center turning lane
and bike lane. Jim Wilson, 429 Stolley Park Road read a letter to the editor opposing the changes
and taking away the parking.
Mr. Brown stated they would look further at truck traffic and mentioned the wear and tear they
caused on this street. He stated a three lane would help the State Fair traffic and would be visitor
friendly. Bike lanes would be looked at with regards to different color striping.
Comments were made concerning slow moving traffic causing accidents and creating a traffic
division within the Police Department. It was mentioned the Police Department used to have
motorcycles and maybe this should be looked at again.
Mr. Collins stated the current striping needed to be done and changes to a three lane could be
done with the current budget at a cost of $100,000. Traffic signals would need to be studied and
budgeted for at a cost of $200,000 per signal. Discussion was held concerning the need for three
signals along this road.
Comments were made that this road needed to be a four lane as originally planned. Mentioned
was that there was a hike/bike trail not far from this road so there was no need for a bike lane.
Comments were made by several Councilmembers supporting a three lane with a center turning
lane as was support for a four lane.
Discussion was held regarding a five lane and Federal funding. Hike/bike crossing east of
Piccadilly Apartments was being looked at with a possible signal in the area to help break up
traffic.
ADJOURNMENT: The meeting was adjourned at 9:38 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/8/2014 Page 18 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-3
Approving Minutes of July 1, 2014 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/8/2014 Page 19 / 131
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
July 1, 2014
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
July 1, 2014. Notice of the meeting was given in the Grand Island Independent on June 26,
2014.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Vaughn Minton, Mike Paulick, Mark Stelk, Peg Gilbert, Mitch Nickerson, Linna
Dee Donaldson, Chuck Haase, and Julie Hehnke. Councilmembers John Gericke and Kent Mann
were absent. The following City Officials were present: City Administrator Mary Lou Brown,
City Clerk RaNae Edwards, City Treasurer and Finance Director Jaye Monter, City Attorney
Robert Sivick, and City Engineer and Public Works Director John Collins.
INVOCATION was given by Community Youth Council member Rebecca Riley followed by
the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Rebecca Riley.
SPECIAL ITEMS:
City of Grand Island Credit Card Purchasing Program. Finance Director Jaye Monter reported
that the first City Credit Card Program for city purchases was established in 2003 for small
purchases and travel. The current card program had become cumbersome and obsolete and did
not utilize the spending power of the City or provide rebates. Request for Proposals were sent out
in March and reviewed by a selection committee. The committee was recommending Bank of
America for the new Credit Card Program.
Senior Accountant Billy Clingman presented a PowerPoint presentation. He stated with the new
program there would be no changes to the city procurement rules and no taxpayer dollars would
be used. In 2013 the City spent roughly $106.6 million with outside vendors. The goal with the
new credit card program was to run $10 million per year through the system with $177,000 in
rebates. This would increase point of sale purchases, utilize the ePayables solution offered by the
bank, have indirect savings of staff time, reduction of paper/records storage & retention, and
have increased fraud controls. The new system would be a shorter process and would integrate
with the City accounting software.
Parks and Recreation Director Todd McCoy, Fire Chief Cory Schmidt, and Police Chief Steve
Lamken spoke in support of the change to this credit card system. Discussion was held
concerning fees. Mr. Clingman stated Bank of America does not charge a fee unless we were late
paying the bill. Any fees were paid by the vendor.
Concern was mentioned about paying bills before the Council approved them, fraud, and
training. City Attorney Bob Sivick stated when the City approved the current credit card program
they authorized payment, but the Council could refuse to pay a claim. Misuse of the credit card
would go through the personnel process. Assistant City Attorney Stacy Nonhoff stated we were
Grand Island Council Session - 7/8/2014 Page 20 / 131
Page 2, City Council Study Session, July 1, 2014
not changing the current procurement code. Discussion was held concerning other cities using
this type of credit card and the elimination of paper.
2014/2015 Proposed Budget Presentation Capital Improvement Project Fund. Public Works
Director John Collins reported that the Capital Improvement Project Fund consisted of a variety
of major capital improvements, capital planning, infrastructure construction, building
construction, renovation and replacement, street and drainage improvements, and other
improvements. These projects were prioritized for the following budget year by taking into
consideration factors such as: availability of funds; need/condition of the asset; community
benefit of project; eligibility for outside (State/Federal) funds; redevelopment patterns; and
public/Council input.
Reviewed were the 2014 planned projects that were in progress, completed projects, and delayed
or cancelled projects. Total Capital request for the 2014 budget was $8,312,393 with a 2014
forecast of $7,288,949.
The following 2015 proposed Capital Projects were presented:
$40,000 Info. Tech. Offsite Location – Disaster Recovery
$100,000 Final Phase of GITV – HD Implementation
$100,000 Annual Grand Generation Center Building
$250,000 Fire Station 2 & Emergency Center RFQ
$165,000 Annual Handicap Ramp Installation
$500,000 Blaine Street Bridge Replacement w/Culverts
$2,307,990 Capital Avenue: Webb Road to Broadwell Avenue Widening (including
trails) – Reimbursement - $1,293,911
$600,000 Northwest Flood Control Project – Final Year
$350,000 Faidley Avenue Connection (North Road to Irongate Avenue)
$200,000 Faidley & Diers Traffic Signal
$650,000 Niedfeldt-Sterling Estates Paving (Ebony Lane)
$250,000 Stolley Park Road Restriping/Rehabilitation
$1,500,000 Talc Road/Swift Road Connector
$80,000 Underpass Bridges Engineering, Maintenance & Repair
$75,000 Cambridge Dewatering Well Replacement
$400,000 ADA – 4th Street & 5th Street CDBG Project
$30,000 Webb Road – UPRR North to Hwy 30
$200,000 Fog Seal Project
$20,000 Hike/Bike Trails – Miscellaneous
$92,932 State & Capital Connector Trail – Reimbursement - $6,400
$150,000 Miscellaneous Park Projects
$150,000 Sterling Park 2015 Phase 1
Island Oasis Water Park:
$50,000 Audio System Replacement
$100,000 Pool Painting
$350,000 Maintenance/Rehabilitation
$175,000 Ryder Park Tennis Complex
Grand Island Council Session - 7/8/2014 Page 21 / 131
Page 3, City Council Study Session, July 1, 2014
$375,000 Heartland Public Shooting Park – Entry Road
$50,000 Dog Park Development
$200,000 Stolley Park Northeast Entrance Relocation
Discussion was held concerning the Grand Generation Center. Mr. Collins stated this year
money was spent on roof repair and parking lot repair. Building Department Director Craig
Lewis answered questions concerning the repairs to the Grand Generation Center. Restroom
compliance was mentioned.
Comments were made concerning the $250,000 Fire Station 2 & Emergency Center RFQ. City
Administrator Mary Lou Brown stated this process would look at all possibilities and would
bring back designs for Council’s final decision.
It was suggested that a parking ban be placed on Stolley Park before the State Fair. Mr. Collins
said he would bring this item back to Council for a vote.
Comments were made concerning maintenance of a dog park. Mr. McCoy stated the location
they would propose was Memorial Park which the Parks Department maintained already. Strong
interest from citizens requesting a dog park was the reason this was brought forward. The
majority of the $50,000 requested would be spent on fencing.
Comments were made regarding Wasmer Detention Cell and making it into a park. Discussion
was held concerning Island Oasis and the upgrades it needed. Mr. Collins explained hike/bike
trails and sidewalks throughout the city.
Lewis Kent, 624 Meves Avenue commented on paying off current projects before spending
money on new projects. He spoke in opposition of creating new parks. Gene Dominick, 221 East
1st Street and Mark States, 639 E. Memorial Drive spoke in support of the dog park. Ted George,
18 Via Como spoke regarding funding for improvements at George Park.
ADJOURNMENT: The meeting was adjourned at 9:27 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/8/2014 Page 22 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-4
Approving Request for Liquor Manager Designation for Brett
Klanecky, 3617 Curran Avenue, Apt. 5 with Pizza Hut, 1608 South
Locust Street and 707 N. Diers Avenue
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/8/2014 Page 23 / 131
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:July 8, 2014
Subject:Request from Brett Klanecky, 3617 Curran Avenue, Apt.
5 for Liquor Manager Designation with Pizza Hut, 1608
South Locust Street and 707 N. Diers Avenue
Item #’s:G-4
Presenter(s):RaNae Edwards, City Clerk
Background
Brett Klanecky, 3617 Curran Avenue, Apt. 5 has submitted applications with the City
Clerk’s Office for a Liquor Manager Designation in conjunction with Pizza Huts located
at 1608 South Locust Street and 707 N. Diers Avenue.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 7/8/2014 Page 24 / 131
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the requests from Brett Klanecky, 3617 Curran Avenue, Apt. 5 for
Liquor Manager Designations in conjunction with the Class “A-96889” Liquor License
for Pizza Hut, 1608 South Locust Street and the Class “A-96888 Liquor License for Pizza
Hut, 707 N. Diers Avenue contingent upon completion of a state approved alcohol
server/seller training program.
Grand Island Council Session - 7/8/2014 Page 25 / 131
07/01/14 Grand Island Police Department 450
21:20 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 07:30:00 07/01/2014
Date disposition declared : **/**/****
Incident number : L14070080
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1608 Locust St S
State abbreviation : NE
ZIP Code : 68801
Contact or caller : Vitera D
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition :
Misc. number : RaNae
Geobase address ID :
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
LW L10101070 07/01/14 Liquor Lic Inv Related
NM 98211 07/01/14 Pizza Hut, Business
Involved
NM 100768 07/01/14 Pizza Hut, Business
Involved
NM 131319 07/01/14 Klanecky, Brett T Liquor Manager
NM 193439 07/01/14 Klanecky, Catherine E Brett's Wife
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
LAW INCIDENT NARRATIVE:
**---------------------------------------- (lwmain15402307012014)**
I Received a Copy of a Liquor Manager Application from Pizza Hut for
Brett Klanecky.
~~---------------------------------------- (lwmain15402307012014)~~
Grand Island Council Session - 7/8/2014 Page 26 / 131
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
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 20:25:20 07/01/2014
Grand Island Police Department
Supplemental Report
Date, Time: Tue Jul 01 20:25:31 CDT 2014
Reporting Officer: Vitera
Unit- CID
I received an application from Brett Klanecky to become the liquor
manager at Pizza Hut on Diers and South Locust. Brett applied to be the
liquor manager for Pizza Hut back in 2010. At that time, the Grand Island
Police Department recommended that the city council deny the application
based upon recent alcohol violations and other undisclosed convictions,
and barely being of legal drinking age. The council went ahead and
approved the application.
I called Brett on 7/1/14 and asked him why he is reapplying to be the
liquor manager at Pizza Hut when he was approved back in 2010. Brett
advised that a new "Area Coach" moved in and assumed the liquor manager
duties. Brett said the Area Coach was eventually terminated, and Brett
became the Area Coach. Pizza Hut still wants the liquor manager duties
assigned to the Area Coach.
In reviewing Brett's current applications, I noted that Brett has lived
in Nebraska his entire life. His disclosure on his convictions remained
the same with the exception of one additional conviction that he failed
to disclose on the last application. However, as he did last time, he
still left off his traffic convictions which included a no operator's
license conviction from December of 2013. I also found that Brett stated
that he is married to Catherine Klanecky. I discovered a web site called
"theknot.com" that says Brett and Catherine were married on 10/19/13.
I checked Brett through Spillman and NCJIS and found the no operator's
license conviction mentioned above. I had the Grand Island Emergency
Center run a check on Brett to see if he has a valid operator's license
or any warrants for his arrest. I was informed that his license is valid,
Grand Island Council Session - 7/8/2014 Page 27 / 131
and he doesn't have any arrest warrants. During my telephone conversation
with Brett, I asked him about the recent no operator's license
conviction. He said that he forgot to renew his license in November, was
cited in December, and then went out and got a new license. I searched
Brett on the Internet and a paid law enforcement data base and didn't
find anything that would be damaging to the application.
All in all, with the passage of time and only one new minor conviction,
it doesn't appear that the concerns that warranted a denial from the
police department in 2010 are still relevant. At this time, the Grand
Island Police Department has no objection to Brett Klanecky becoming the
liquor manager at Pizza Hut on Diers and South Locust.
Grand Island Council Session - 7/8/2014 Page 28 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-5
#2014-184 - Approving Acquisition of Utility Easement - 4395 Gold
Core Drive - TNS Holdings, L.L.C. (Rich & Sons)
This item is related to the aforementioned Public Hearing item E-1.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 7/8/2014 Page 29 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-184
WHEREAS, a public utility easement is required by the City of Grand Island
from TNS Holdings, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on July 8, 2014, for the purpose of
discussing the proposed acquisition of a twenty foot wide easement the center line of which is
located in the City of Grand Island, Hall County, Nebraska; and more particularly described as
follows:
Commencing at the Southwest corner of Lot Four (4), Platte Valley Industrial Park
Third Subdivision, in the City of Grand Island, Hall County, Nebraska; thence
northerly, along the westerly line of said Lot Four (4), distance of one hundred twelve
(112.0) feet to the ACTUAL Point of Beginning; thence deflecting right 90°00’00” and
running easterly, a distance of two hundred thirty two (232.0) feet to the point of
termination.
The above-described easement and right-of-way containing 0.11 acres, more or less, as
shown on the plat dated 6/6/2014, marked Exhibit “A” attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from TNS Holdings, L.L.C., on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska July 8, 2014.
_________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 30 / 131
Grand Island Council Session - 7/8/2014 Page 31 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-6
#2014-185 - Approving Agreement with Nebraska Game & Parks
for Youth Bow Hunting Program at the Platte River Wellfield
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 7/8/2014 Page 32 / 131
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Todd McCoy, Parks and Recreation Director
Stacy Nonhof, Assistant City Attorney
Meeting:July 8, 2014
Subject:Youth Bow Hunting Program at the Platte River
Wellfield
Item #’s:G-6
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The Utilities Department owns approximately 1200 acres on an island between two
channels of the Platte River south of Grand Island for use as the Platte River Wellfield,
which is the main supply of water to the City. Access to the property is restricted due to
the need of maintaining a secure water source for the City, however, previously use of
portions of the property has been allowed in controlled conditions to organizations such
as skeet/sporting clays shooting and radio controlled model airplane clubs. The
Department was recently approached by the Nebraska Game and Parks Commission to
participate in their youth hunter education program by allowing eligible youth hunters
and their mentors to utilize the Platte River Wellfield for archery hunting. Eligible youth
hunters are required to complete the Bow Hunter Education program and are assigned to
qualified mentors who provide instruction regarding proper hunting methods and
conservation education. This instruction includes respect of landowner rights, scouting
of animal movements, placement and removal of hunting stands, game processing, and
emphasis of safe hunting practices. Mentors are screened by the NGPC and law
enforcement agencies, and typically devote several hundred hours each year to youth
hunter education. Although the program is open to all Nebraska residents, youth and
mentors who are active in local hunter education programs will be given preference in the
event of an excess of applicants. Participating youth must be accompanied by their
mentors at all times while on City property, and coordinated with Utilities Department
operations staff.
Discussion
The Utilities, Parks and Recreation, and Legal Departments have reviewed the proposed
Grand Island Council Session - 7/8/2014 Page 33 / 131
Mentored Hunt Agreement with the Nebraska Game and Parks Commission. The City is
entering into this agreement under provisions of Nebraska Revised Statutes § 13-
910(13)(a) of the Political Subdivisions Tort Claims Act. This Act in part limits liability
for recreational activities on land leased, owned or controlled by a political subdivision
when those participating in such recreational activities have not provided monies for their
participation to the landowner. This program provides a valuable recreation and
education opportunity to youth, as well as wildlife conservation and an additional
observation presence to the Platte River Wellfield.
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 execution of the Mentored
Hunt Agreement between the City of Grand Island and the Nebraska Game and Parks
Commission.
Sample Motion
Move to approve execution of the Mentored Hunt Agreement between the City of Grand
Island and the Nebraska Game and Parks Commission.
Grand Island Council Session - 7/8/2014 Page 34 / 131
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Grand IslandCouncil Session - 7/8/2014Page 38 / 131
Grand IslandCouncil Session - 7/8/2014Page 39 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-185
WHEREAS, the following parties are interested in the Mentored Youth Hunting
Program; and
WHEREAS, the Mentored Youth Hunting Program provides a valuable recreation
and education opportunity to youth, as well as wildlife conservation and an additional
observation presence to the Platte River Wellfield; and
WHEREAS, the Utilities, Parks and Recreation, and City Attorney’s offices have
reviewed the proposed Mentored Hunt Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mentored Hunt Agreement, by and
between the City and the Nebraska Game and Parks Commission, is hereby approved; and the
Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
____________________________
Jay Vavricek, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 40 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-7
#2014-186 - Approving Agreement for Temporary Construction
Easement & Leasehold Agreements for Capital Avenue Widening
– Webb Road to Broadwell Avenue
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 7/8/2014 Page 41 / 131
Council Agenda Memo
From:Scott Griepenstroh, PW Project Manager
Meeting:July 8, 2014
Subject:Approving Agreement for Temporary Construction
Easement & Leasehold Agreements for Capital Avenue
Widening – Webb Road to Broadwell Avenue
Item #’s:G-7
Presenter(s):John Collins PE, Public Works Director
Background
The City and the Nebraska Department of Roads (NDOR) entered into an agreement,
which was executed by the City on May 24, 2011 by Resolution No. 2011-124, which
specified various duties and funding responsibilities for the Capital Avenue – Webb Road
to Broadwell Avenue project. The agreement required that NDOR Standards and
Specifications are to be used for design, construction inspection and quality control.
This project will consist of removal of the existing 24’ wide asphalt roadway and
construction of new concrete pavement on Capital Avenue from Webb Road through
Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement.
Other improvements include construction of sidewalks and a concrete hike/bike trail,
updated street lighting, and construction of new storm sewer. A pedestrian signal will be
constructed approximately 1000’ east of Webb Road to provide for safe crossing for
users of the hike/bike trail.
This project will be coordinated with the North Interceptor Sanitary Sewer project.
Temporary Construction Easement & Leasehold Agreements are necessary for this
project to be completed, which must be approved by City Council.
Discussion
A temporary construction easement will be needed from 3 property owners and leasehold
agreements are needed from 3 tenants in this project area. All documents have been
signed and returned by the property owners and tenants. Authorization of the documents
is contingent upon City Council approval. Following is a summary of the payments,
totaling $29,991.00.
Grand Island Council Session - 7/8/2014 Page 42 / 131
Tract
No Owner/Address Legal
Payment
(minimum
$100.00)
Payment of
Damages Total
1L
Matthew “Matt”
Panowicz, John
Panowicz, Robert
“Bob” Panowicz,
Michael “Mike”
Panowicz (L)
TEMPORARY EASEMENT #1
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF FRACTIONAL
SECTION 6, TOWNSHIP 11 NORTH,
RANGE 9 WEST OF THE 6TH P.M.,
CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 6;
THENCE ON AN ASSUMED BEARING
OF N01°33’03”W ALONG THE WEST
LINE OF SECTION 6 A DISTANCE OF
33.00 FEET; THENCE N89°19’05”E A
DISTANCE OF 33.00 FEET TO THE
SOUTHWEST CORNER OF AN
UNPLATTED TRACT OF LAND AS
DESCRIBED IN INSTRUMENT
NUMBER 84-004813, HALL COUNTY
REGISTER OF DEEDS; THENCE
N01°33’03”W ALONG THE WEST
LINE OF SAID UNPLATTED TRACT A
DISTANCE OF 25.00 FEET TO THE
POINT OF INTERSECTION OF THE
NORTH RIGHT-OF-WAY (R.O.W.)
LINE OF CAPITAL AVENUE AND
THE EAST R.O.W. LINE OF WEBB
ROAD; THENCE CONTINUING
N01°33’03”W ALONG SAID EAST
R.O.W. LINE A DISTANCE OF 12.36
FEET TO THE POINT OF
INTERSECTION OF SAID EAST
R.O.W. LINE AND THE PROPOSED
NORTH R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
CONTINUING N01°33’03”W ALONG
SAID EAST R.O.W. LINE A
DISTANCE OF 21.56 FEET; THENCE
N88°22’24”E A DISTANCE OF 21.84
FEET; THENCE S01°37’36”E A
DISTANCE OF 18.39 FEET; THENCE
S53°27’14”E A DISTANCE OF 39.87
FEET; THENCE S81°24’27”E A
DISTANCE OF 49.82 FEET; THENCE
N89°13’17”E A DISTANCE OF 56.21
FEET; THENCE S31°53’49”E A
$0.00 (Paid
$100.00 on
ROW
agreement
council item–
combined in one
agreement)
None $0.00
Grand Island Council Session - 7/8/2014 Page 43 / 131
DISTANCE OF 10.32 FEET TO A
POINT ON THE NORTH R.O.W. LINE
OF CAPITAL AVENUE; THENCE
S89°19’05”W ALONG SAID NORTH
R.O.W. LINE A DISTANCE OF 115.11
FEET TO THE POINT OF
INTERSECTION OF SAID NORTH
R.O.W. LINE AND THE PROPOSED
NORTH R.O.W. LINE OF CAPITAL
AVENUE; THENCE N53°27’14”W
ALONG SAID PROPOSED NORTH
R.O.W. LINE A DISTANCE OF 61.75
FEET TO THE POINT OF BEGINNING.
SAID TEMPORARY EASEMENT
CONTAINS 2,430 SQUARE FEET
MORE OR LESS.
TEMPORARY EASEMENT #2
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF SECTION 5,
TOWNSHIP 11 NORTH, RANGE 9
WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH
QUARTER CORNER OF SAID
SECTION 5; THENCE ON AN
ASSUMED BEARING OF S89°12’48”W
ALONG THE SOUTH LINE OF SAID
SECTION 5 A DISTANCE OF 2268.79
FEET; THENCE N00°47’12”W A
DISTANCE OF 33.00 FEET TO A
POINT ON THE NORTH RIGHT-OF-
WAY (R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE SOUTHEAST CORNER OF AN
EXISTING PERMANENT EASEMENT
DESCRIBED IN INSTRUMENT
NUMBER 201306652, HALL COUNTY
REGISTER OF DEEDS; THENCE
CONTINUING N00°47’12”W ALONG
THE EAST LINE OF SAID
PERMANENT EASEMENT A
DISTANCE OF 10.00 FEET TO THE
NORTHEAST CORNER OF SAID
EXISTING PERMANENT EASEMENT;
THENCE S89°12’48”W ALONG THE
NORTH LINE OF SAID EXISTING
PERMAMENT EASEMENT A
DISTANCE OF 129.29 FEET TO THE
POINT OF BEGINNING; THENCE
CONTINUING S89°12’48”W ALONG
SAID NORTH LINE A DISTANCE OF
Grand Island Council Session - 7/8/2014 Page 44 / 131
46.80 FEET TO THE NORTHWEST
CORNER OF SAID EXISTING
PERMANENT EASEMENT; THENCE
S65°49’16”W ALONG THE WEST
LINE OF SAID EXISTING
PERMANENT EASEMENT A
DISTANCE OF 6.76 FEET; THENCE
N00°46’43”W A DISTANCE OF 10.68
FEET; THENCE N89°12’48”E A
DISTANCE OF 53.00 FEET; THENCE
S00°46’43”E A DISTANCE OF 8.00
FEET TO THE POINT OF BEGINNING.
SAID TEMPORARY EASEMENT
CONTAINS 432 SQUARE FEET MORE
OR LESS.
TEMPORARY EASEMENT #3
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF SECTION 5,
TOWNSHIP 11 NORTH, RANGE 9
WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH
QUARTER CORNER OF SAID
SECTION 5; THENCE ON AN
ASSUMED BEARING OF N01°14’48”W
ALONG THE NORTH-SOUTH
QUARTER SECTION LINE OF SAID
SECTION 5 A DISTANCE OF 75.01
FEET TO THE POINT OF
INTERSECTION OF SAID QUARTER
SECTION LINE AND THE NORTH
R.O.W. LINE OF CAPITAL AVENUE;
THENCE CONTINUING N01°14’48”W
ALONG SAID QUARTER LINE A
DISTANCE OF 19.99 FEET TO THE
POINT OF INTERSECTION OF SAID
QUARTER LINE AND A NORTH LINE
OF AN EXISTING PERMANENT
EASEMENT DESCRIBED IN
INSTRUMENT NUMBER 201306652,
HALL COUNTY REGISTER OF
DEEDS, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
S89°12’48”W ALONG SAID NORTH
LINE A DISTANCE OF 2129.27 FEET;
THENCE N00°47’12”W A DISTANCE
OF 11.00 FEET; THENCE N89°12’48”E
A DISTANCE OF 2129.18 FEET TO A
POINT ON SAID QUARTER SECTION
LINE; THENCE CONTINUING
N89°12’48”E A DISTANCE OF 1.43
Grand Island Council Session - 7/8/2014 Page 45 / 131
FEET; THENCE N89°50’38”E A
DISTANCE OF 63.68 FEET; THENCE
S00°09’22”E A DISTANCE OF 11.00
FEET TO A POINT ON A NORTH LINE
OF SAID EXISTING PERMANENT
EASEMENT; THENCE S89°50’38”W
ALONG SAID NORTH LINE A
DISTANCE OF 63.62 FEET TO A
NORTHERLY CORNER OF SAID
EXISTING PERMANENT EASEMENT;
THENCE S89°12’48”W ALONG A
NORTH LINE OF SAID EXISTING
PERMANENT EASEMENT A
DISTANCE OF 1.29 FEET TO THE
POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
24,138 SQUARE FEET MORE OR LESS
OF WHICH 550 SQUARE FEET MORE
OR LESS ARE EXISTING
PERMANENT EASEMENT.
5
Longleaf, L.L.C.
c/o Andrew Marsh
2306 Apache
Road
Grand Island,
Nebraska 68801
A TEMPORARY EASEMENT
CONSISTING OF PART OF LOT 1,
BLOCK 8 REPLAT, CONTINENTAL
GARDENS AN ADDITION TO THE
CITY OF GRAND ISLAND, HALL.
COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT 'THE NE CORNER
OF SAID LOT 1, SAID POINT ALSO
BEING ON THE SOUTH RIGHT-OF-
WAY (R.O.W.) LINE OF CAPITAL
AVENUE; THENCE ON AN ASSUMED
BEARING OF S00°56'29”E ALONG THE
EAST LINE OF SAID LOT 1, A
DISTANCE OF 19.86 FEET TO THE
POINT OF INTERSECTION OF SAID
EAST LINE AND THE PROPOSED
SOUTH R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
CONTINUING S00°56’29”E ALONG
SAID EAST LINE, A DISTANCE OF
10.09 FEET; THENCE AROUND A
CURVE IN A CLOCKWISE DIRECTION
HAVING A DELTA ANGLE OF
06°03'11”, A RADIUS OF 118.00 FEET,
AN ARC LENGTH OF 12.47 FEET AND
A CHORD BEARING S84°46'05”E FOR
A DISTANCE OF 12.46 FEET; THENCE
S87°47'40”W, A DISTANCE OF 33.85
FEET; THENCE S87°34'02”W, A
DISTANCE OF 53.26 FEET; THENCE
S77°56'29”W, A DISTANCE OF 19.70
2,933.00 SF
@ $1.45/SF
x 10% x 2
Years
Landscaping
$2,044.00
2 Trees
$1,177.00
Sign Reloc
$3,040.00
Sprinkler
System
$1,800.00
Reloc Light
Pole
$2,460.00
Loss of 6
parking stalls
$10,725.00
$22,126.00
(payment
is based on
appraised
value)
Grand Island Council Session - 7/8/2014 Page 46 / 131
FEET; THENCE S59°52’52”W, A
DISTANCE OF 34.02 FEET; THENCA
N35°27’13”W, A DISTANCE OF 22.78
FEET; THENCE S87°34’02”W, A
DISTANCE OF 24.69 FEET; THENCE
S89°13'17”W, A DISTANCE OF 58.14
FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1; THENCE N01°30’22”W
ALONG SAID WEST, A DISTANCE OF
10.00 FEET TO THE POINT OF
INTERSECTION OF SAID WEST LINE
AND THE PROPOSED SOUTH R.O.W.
LINE OF CAPITAL AVENUE; THENCE
N89°13’17”E, A DISTANCE OF 58.13
FEET; THENCE N87°34’02”E, A
DISTANCE OF 139.79 FEET; THENCE
N87°47’40”E, A DISTANCE OF 33.87
FEET TO A POINT OF CURVATURE;
THENCE AROUND A CURVE IN A
COUNTER-CLOCKWISE DIRECTION
HAVING A DELTA ANGLE OF
06°44’05”, A RADIUS OF 108.00 FEET,
AN ARC LENGTH OF 12.69 FEET AND
A CHORD BEARING N84°25’38”E FOR
A DISTANCE OF 12.69 FEET TO THE
POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
2,933.00 SQUARE FEET MORE OR
LESS.
Grand Island Council Session - 7/8/2014 Page 47 / 131
22
Cristobal Herrera
Daniel A. Mendoza
(L)
A TEMPORARY EASEMENT CONSISTING
OF PART OF A TRACT DESCRIBED AS
THE NORTH 47.80 FEET OF LOT 2,
BLOCK 5 OF COLLEGE ADDITION TO
WEST LAWN IN THE CITY OF GRAND
ISLAND, HALL. COUNTY, NEBRASKA
AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF
SAID NORTH 47.80 FEET OF LOT 2, SAID
POINT ALSO BEING THE POINT OF
INTERSECTION OF EAST RIGHT OF WAY
(R.O.W.) LINE OF KRUSE AVENUE AND
THE SOUTH R.O.W. LINE OF CAPITAL
AVENUE AND THE POINT OF
BEGINNING; THENCE ON AN ASSUMED
BEARING OF N89°50’38”E ALONG SAID
SOUTH R.O.W. LINE, A DISTANCE OF
132.36 FEET TO THE POINT OF
INTERSECTION OF THE SOUTH R.O.W.
LINE OF CAPITAL AVENUE AND THE
EAST LINE OF SAID LOT 2; THENCE
S00°42’53”E ALONG SAID EAST, A
DISTANCE OF 6.00 FEET; THENCE
S89°50’38”W, A DISTANCE OF 93.46
FEET; THENCE S78°29’54”W, A
DISTANCE OF 20.33 FEET; THENCE
S89°50’38”W, A DISTANCE OF 18.93 FEET
TO A POINT ON THE EAST R.O.W. LINE
OF KRUSE AVENUE; THENCE
N00°42’53”W ALONG SAID EAST R.O.W.
LINE, A DISTANCE OF 10.00 FEET TO
THE POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
910.00 SQUARE FEET MORE OR LESS.
910.00 SF
@
$1.70/SF
x 10% x 2
Years
LANDSCAPING
$25.00
ADMIN
SETTLEMENT
$300.00
$635.00
$100.00
Grand Island Council Session - 7/8/2014 Page 48 / 131
31
Debra J. Shafer and
Michael A. Shafer
Patrick Snell (L)
A TEMPORARY EASEMENT CONSISTING
OF PART OF A TRACT DESCRIBED AS
LOTS 1 AND 3, BLOCK 1 OF COLLEGE
ADDITION TO WEST LAWN IN THE CITY
OF GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF
SAID LOT 1; THENCE ON AN ASSUMED
BEARING OF S01°00'46"E ALONG THE
WEST LINE OF SAID LOT 1, A DISTANCE
OF 9.84 FEET TO THE POINT OF
INTERSECTION OF SAID WEST LINE AND
THE PROPOSED SOUTH R.O.W. LINE OF
CAPITAL AVENUE, SAID POINT ALSO
BEING THE POINT OF BEGINNING;
THENCE N89°50'38"E ALONG SAID
PROPOSED SOUTH R.O.W. LINE, A
DISTANCE OF 120.82 FEET; THENCE
S45°09'22"E ALONG SAID PROPOSED
SOUTH R.O.W. LINE, A DISTANCE OF
38.06 FEET TO THE POINT OF
INTERSECTION OF SAID PROPOSED
SOUTH R.O.W. LINE AND THE PROPOSED
WEST R.O.W. LINE OF BROADWELL
AVENUE; THENCE S03°41'10"E ALONG
SAID PROPOSED WEST R.O.W. LINE, A
DISTANCE OF 79.91 FEET TO THE POINT
OF INTERSECTION OF SAID PROPOSED
WEST R.O.W. LINE AND THE SOUTH LINE
OF SAID LOT 3; THENCE S89°01'20"W
ALONG SAID SOUTH LINE, A DISTANCE
OF 12.01 FEET; THENCE N03°41'10"W, A
DISTANCE OF 74.80 FEET; THENCE
N45°09'22"W, A DISTANCE OF 28.55 FEET;
THENCE S89°50'38"W, A DISTANCE OF
97.67 FEET; THENCE S01°00'46"E, A
DISTANCE OF 8.00 FEET; THENCE
S89°50'38"W, A DISTANCE OF 18.00 FEET
TO A POINT ON THE WEST LINE OF SAID
LOT 1; THENCE N01°00'46"W ALONG SAID
WEST LINE A DISTANCE OF 20.00 FEET
TO THE POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
2,891.00 SQUARE FEET MORE OR LESS.
2,891.00
SF @
$7.00/SF
x 10% x 2
Years
ASPHALT
$1,980.00
ADMIN
SETTLEMENT
$1,000.00
$7,030.00
$100.00
Grand Total $29,991.00
Grand Island Council Session - 7/8/2014 Page 49 / 131
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Agreements for
Temporary Construction Easements and Leasehold Agreements between the City of
Grand Island, Public Works Department and the affected property owners and tenants in
the Capital Avenue Widening – Webb Road to Broadwell Avenue project.
Sample Motion
Move to approve the Temporary Construction Easement Agreements and Leasehold
Agreements.
Grand Island Council Session - 7/8/2014 Page 50 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-186
WHEREAS, temporary construction easement and leasehold agreements are
required by the City of Grand Island, from the affected property owners/lessees in the Capital
Avenue Widening – Webb Road to Broadwell Avenue Project area, as follows:
Tract
No Owner/Address Legal
Payment
(minimum
$100.00)
Payment of
Damages Total
1L
Matthew “Matt”
Panowicz, John
Panowicz, Robert
“Bob” Panowicz,
Michael “Mike”
Panowicz
TEMPORARY EASEMENT #1
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF FRACTIONAL
SECTION 6, TOWNSHIP 11 NORTH,
RANGE 9 WEST OF THE 6TH P.M.,
CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST
CORNER OF SAID SECTION 6;
THENCE ON AN ASSUMED BEARING
OF N01°33’03”W ALONG THE WEST
LINE OF SECTION 6 A DISTANCE OF
33.00 FEET; THENCE N89°19’05”E A
DISTANCE OF 33.00 FEET TO THE
SOUTHWEST CORNER OF AN
UNPLATTED TRACT OF LAND AS
DESCRIBED IN INSTRUMENT
NUMBER 84-004813, HALL COUNTY
REGISTER OF DEEDS; THENCE
N01°33’03”W ALONG THE WEST
LINE OF SAID UNPLATTED TRACT A
DISTANCE OF 25.00 FEET TO THE
POINT OF INTERSECTION OF THE
NORTH RIGHT-OF-WAY (R.O.W.)
LINE OF CAPITAL AVENUE AND
THE EAST R.O.W. LINE OF WEBB
ROAD; THENCE CONTINUING
N01°33’03”W ALONG SAID EAST
R.O.W. LINE A DISTANCE OF 12.36
FEET TO THE POINT OF
INTERSECTION OF SAID EAST
R.O.W. LINE AND THE PROPOSED
NORTH R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
CONTINUING N01°33’03”W ALONG
SAID EAST R.O.W. LINE A
DISTANCE OF 21.56 FEET; THENCE
N88°22’24”E A DISTANCE OF 21.84
FEET; THENCE S01°37’36”E A
DISTANCE OF 18.39 FEET; THENCE
S53°27’14”E A DISTANCE OF 39.87
$0.00 (Paid
$100.00 on
ROW
agreement
council item–
combined in
one
agreement)
None $0.00
Grand Island Council Session - 7/8/2014 Page 51 / 131
- 2 -
FEET; THENCE S81°24’27”E A
DISTANCE OF 49.82 FEET; THENCE
N89°13’17”E A DISTANCE OF 56.21
FEET; THENCE S31°53’49”E A
DISTANCE OF 10.32 FEET TO A
POINT ON THE NORTH R.O.W. LINE
OF CAPITAL AVENUE; THENCE
S89°19’05”W ALONG SAID NORTH
R.O.W. LINE A DISTANCE OF 115.11
FEET TO THE POINT OF
INTERSECTION OF SAID NORTH
R.O.W. LINE AND THE PROPOSED
NORTH R.O.W. LINE OF CAPITAL
AVENUE; THENCE N53°27’14”W
ALONG SAID PROPOSED NORTH
R.O.W. LINE A DISTANCE OF 61.75
FEET TO THE POINT OF BEGINNING.
SAID TEMPORARY EASEMENT
CONTAINS 2,430 SQUARE FEET
MORE OR LESS.
TEMPORARY EASEMENT #2
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF SECTION 5,
TOWNSHIP 11 NORTH, RANGE 9
WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH
QUARTER CORNER OF SAID
SECTION 5; THENCE ON AN
ASSUMED BEARING OF S89°12’48”W
ALONG THE SOUTH LINE OF SAID
SECTION 5 A DISTANCE OF 2268.79
FEET; THENCE N00°47’12”W A
DISTANCE OF 33.00 FEET TO A
POINT ON THE NORTH RIGHT-OF-
WAY (R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE SOUTHEAST CORNER OF AN
EXISTING PERMANENT EASEMENT
DESCRIBED IN INSTRUMENT
NUMBER 201306652, HALL COUNTY
REGISTER OF DEEDS; THENCE
CONTINUING N00°47’12”W ALONG
THE EAST LINE OF SAID
PERMANENT EASEMENT A
DISTANCE OF 10.00 FEET TO THE
NORTHEAST CORNER OF SAID
EXISTING PERMANENT EASEMENT;
THENCE S89°12’48”W ALONG THE
NORTH LINE OF SAID EXISTING
PERMAMENT EASEMENT A
DISTANCE OF 129.29 FEET TO THE
Grand Island Council Session - 7/8/2014 Page 52 / 131
- 3 -
POINT OF BEGINNING; THENCE
CONTINUING S89°12’48”W ALONG
SAID NORTH LINE A DISTANCE OF
46.80 FEET TO THE NORTHWEST
CORNER OF SAID EXISTING
PERMANENT EASEMENT; THENCE
S65°49’16”W ALONG THE WEST
LINE OF SAID EXISTING
PERMANENT EASEMENT A
DISTANCE OF 6.76 FEET; THENCE
N00°46’43”W A DISTANCE OF 10.68
FEET; THENCE N89°12’48”E A
DISTANCE OF 53.00 FEET; THENCE
S00°46’43”E A DISTANCE OF 8.00
FEET TO THE POINT OF BEGINNING.
SAID TEMPORARY EASEMENT
CONTAINS 432 SQUARE FEET MORE
OR LESS.
TEMPORARY EASEMENT #3
A TEMPORARY EASEMENT
CONSISTING OF PART OF THE
SOUTH HALF OF SECTION 5,
TOWNSHIP 11 NORTH, RANGE 9
WEST OF THE 6TH P.M., CITY OF
GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH
QUARTER CORNER OF SAID
SECTION 5; THENCE ON AN
ASSUMED BEARING OF N01°14’48”W
ALONG THE NORTH-SOUTH
QUARTER SECTION LINE OF SAID
SECTION 5 A DISTANCE OF 75.01
FEET TO THE POINT OF
INTERSECTION OF SAID QUARTER
SECTION LINE AND THE NORTH
R.O.W. LINE OF CAPITAL AVENUE;
THENCE CONTINUING N01°14’48”W
ALONG SAID QUARTER LINE A
DISTANCE OF 19.99 FEET TO THE
POINT OF INTERSECTION OF SAID
QUARTER LINE AND A NORTH LINE
OF AN EXISTING PERMANENT
EASEMENT DESCRIBED IN
INSTRUMENT NUMBER 201306652,
HALL COUNTY REGISTER OF
DEEDS, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
S89°12’48”W ALONG SAID NORTH
LINE A DISTANCE OF 2129.27 FEET;
THENCE N00°47’12”W A DISTANCE
OF 11.00 FEET; THENCE N89°12’48”E
A DISTANCE OF 2129.18 FEET TO A
POINT ON SAID QUARTER SECTION
Grand Island Council Session - 7/8/2014 Page 53 / 131
- 4 -
LINE; THENCE CONTINUING
N89°12’48”E A DISTANCE OF 1.43
FEET; THENCE N89°50’38”E A
DISTANCE OF 63.68 FEET; THENCE
S00°09’22”E A DISTANCE OF 11.00
FEET TO A POINT ON A NORTH LINE
OF SAID EXISTING PERMANENT
EASEMENT; THENCE S89°50’38”W
ALONG SAID NORTH LINE A
DISTANCE OF 63.62 FEET TO A
NORTHERLY CORNER OF SAID
EXISTING PERMANENT EASEMENT;
THENCE S89°12’48”W ALONG A
NORTH LINE OF SAID EXISTING
PERMANENT EASEMENT A
DISTANCE OF 1.29 FEET TO THE
POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
24,138 SQUARE FEET MORE OR LESS
OF WHICH 550 SQUARE FEET MORE
OR LESS ARE EXISTING
PERMANENT EASEMENT.
5
Longleaf, L.L.C.
c/o Andrew Marsh
2306 Apache
Road
Grand Island,
Nebraska 68801
A TEMPORARY EASEMENT
CONSISTING OF PART OF LOT 1,
BLOCK 8 REPLAT, CONTINENTAL
GARDENS AN ADDITION TO THE
CITY OF GRAND ISLAND, HALL.
COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT 'THE NE CORNER
OF SAID LOT 1, SAID POINT ALSO
BEING ON THE SOUTH RIGHT-OF-
WAY (R.O.W.) LINE OF CAPITAL
AVENUE; THENCE ON AN ASSUMED
BEARING OF S00°56'29”E ALONG THE
EAST LINE OF SAID LOT 1, A
DISTANCE OF 19.86 FEET TO THE
POINT OF INTERSECTION OF SAID
EAST LINE AND THE PROPOSED
SOUTH R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
CONTINUING S00°56’29”E ALONG
SAID EAST LINE, A DISTANCE OF
10.09 FEET; THENCE AROUND A
CURVE IN A CLOCKWISE DIRECTION
HAVING A DELTA ANGLE OF
06°03'11”, A RADIUS OF 118.00 FEET,
AN ARC LENGTH OF 12.47 FEET AND
A CHORD BEARING S84°46'05”E FOR
A DISTANCE OF 12.46 FEET; THENCE
S87°47'40”W, A DISTANCE OF 33.85
FEET; THENCE S87°34'02”W, A
DISTANCE OF 53.26 FEET; THENCE
S77°56'29”W, A DISTANCE OF 19.70
2,933.00 SF
@ $1.45/SF
x 10% x 2
Years
Landscaping
$2,044.00
2 Trees
$1,177.00
Sign Reloc
$3,040.00
Sprinkler
System
$1,800.00
Reloc Light
Pole $2,460.00
Loss of 6
parking stalls
$10,725.00
$22,126.00
(payment is
based on
appraised
value)
Grand Island Council Session - 7/8/2014 Page 54 / 131
- 5 -
FEET; THENCE S59°52’52”W, A
DISTANCE OF 34.02 FEET; THENCA
N35°27’13”W, A DISTANCE OF 22.78
FEET; THENCE S87°34’02”W, A
DISTANCE OF 24.69 FEET; THENCE
S89°13'17”W, A DISTANCE OF 58.14
FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1; THENCE N01°30’22”W
ALONG SAID WEST, A DISTANCE OF
10.00 FEET TO THE POINT OF
INTERSECTION OF SAID WEST LINE
AND THE PROPOSED SOUTH R.O.W.
LINE OF CAPITAL AVENUE; THENCE
N89°13’17”E, A DISTANCE OF 58.13
FEET; THENCE N87°34’02”E, A
DISTANCE OF 139.79 FEET; THENCE
N87°47’40”E, A DISTANCE OF 33.87
FEET TO A POINT OF CURVATURE;
THENCE AROUND A CURVE IN A
COUNTER-CLOCKWISE DIRECTION
HAVING A DELTA ANGLE OF
06°44’05”, A RADIUS OF 108.00 FEET,
AN ARC LENGTH OF 12.69 FEET AND
A CHORD BEARING N84°25’38”E FOR
A DISTANCE OF 12.69 FEET TO THE
POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
2,933.00 SQUARE FEET MORE OR
LESS.
22 Cristobal Herrera
A TEMPORARY EASEMENT
CONSISTING OF PART OF A TRACT
DESCRIBED AS THE NORTH 47.80
FEET OF LOT 2, BLOCK 5 OF
COLLEGE ADDITION TO WEST LAWN
IN THE CITY OF GRAND ISLAND,
HALL. COUNTY, NEBRASKA AND
MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NW CORNER
OF SAID NORTH 47.80 FEET OF LOT 2,
SAID POINT ALSO BEING THE POINT
OF INTERSECTION OF EAST RIGHT
OF WAY (R.O.W.) LINE OF KRUSE
AVENUE AND THE SOUTH R.O.W.
LINE OF CAPITAL AVENUE AND THE
POINT OF BEGINNING; THENCE ON
AN ASSUMED BEARING OF
N89°50’38”E ALONG SAID SOUTH
R.O.W. LINE, A DISTANCE OF 132.36
FEET TO THE POINT OF
INTERSECTION OF THE SOUTH
R.O.W. LINE OF CAPITAL AVENUE
AND THE EAST LINE OF SAID LOT 2;
THENCE S00°42’53”E ALONG SAID
EAST, A DISTANCE OF 6.00 FEET;
THENCE S89°50’38”W, A DISTANCE
910.00 SF
@ $1.70/SF
x 10% x 2
Years
LANDSCAPING
$25.00
ADMIN
SETTLEMENT
$300.00
$635.00
Grand Island Council Session - 7/8/2014 Page 55 / 131
- 6 -
Daniel A.
Mendoza (L)
OF 93.46 FEET; THENCE S78°29’54”W,
A DISTANCE OF 20.33 FEET; THENCE
S89°50’38”W, A DISTANCE OF 18.93
FEET TO A POINT ON THE EAST
R.O.W. LINE OF KRUSE AVENUE;
THENCE N00°42’53”W ALONG SAID
EAST R.O.W. LINE, A DISTANCE OF
10.00 FEET TO THE POINT OF
BEGINNING. SAID TEMPORARY
EASEMENT CONTAINS 910.00
SQUARE FEET MORE OR LESS.
$100.00
31
Debra J. Shafer
and Michael A.
Shafer
Patrick Snell (L)
A TEMPORARY EASEMENT
CONSISTING OF PART OF A TRACT
DESCRIBED AS LOTS 1 AND 3,
BLOCK 1 OF COLLEGE ADDITION TO
WEST LAWN IN THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA
AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER
OF SAID LOT 1; THENCE ON AN
ASSUMED BEARING OF S01°00'46"E
ALONG THE WEST LINE OF SAID LOT
1, A DISTANCE OF 9.84 FEET TO THE
POINT OF INTERSECTION OF SAID
WEST LINE AND THE PROPOSED
SOUTH R.O.W. LINE OF CAPITAL
AVENUE, SAID POINT ALSO BEING
THE POINT OF BEGINNING; THENCE
N89°50'38"E ALONG SAID PROPOSED
SOUTH R.O.W. LINE, A DISTANCE OF
120.82 FEET; THENCE S45°09'22"E
ALONG SAID PROPOSED SOUTH
R.O.W. LINE, A DISTANCE OF 38.06
FEET TO THE POINT OF
INTERSECTION OF SAID PROPOSED
SOUTH R.O.W. LINE AND THE
PROPOSED WEST R.O.W. LINE OF
BROADWELL AVENUE; THENCE
S03°41'10"E ALONG SAID PROPOSED
WEST R.O.W. LINE, A DISTANCE OF
79.91 FEET TO THE POINT OF
INTERSECTION OF SAID PROPOSED
WEST R.O.W. LINE AND THE SOUTH
LINE OF SAID LOT 3; THENCE
S89°01'20"W ALONG SAID SOUTH
LINE, A DISTANCE OF 12.01 FEET;
THENCE N03°41'10"W, A DISTANCE
OF 74.80 FEET; THENCE N45°09'22"W,
A DISTANCE OF 28.55 FEET; THENCE
S89°50'38"W, A DISTANCE OF 97.67
FEET; THENCE S01°00'46"E, A
DISTANCE OF 8.00 FEET; THENCE
S89°50'38"W, A DISTANCE OF 18.00
FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1; THENCE N01°00'46"W
2,891.00 SF
@ $7.00/SF
x 10% x 2
Years
ASPHALT
$1,980.00
ADMIN
SETTLEMENT
$1,000.00
$7,030.00
$100.00
Grand Island Council Session - 7/8/2014 Page 56 / 131
- 7 -
ALONG SAID WEST LINE A
DISTANCE OF 20.00 FEET TO THE
POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS
2,891.00 SQUARE FEET MORE OR
LESS.
Grand Total $29,991.00
WHEREAS, an Agreement for Temporary Easements and Leasehold Agreements
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 Agreements for Temporary Easements and Leasehold
Agreements on the above described tracts of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 57 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-8
#2014-187 - Approving Agreement with NDOR for the Grand
Island Area Metropolitan Planning Organization (GIAMPO) for
the 2015 Fiscal Year Transportation Planning Program
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 7/8/2014 Page 58 / 131
Council Agenda Memo
From:Terry Brown PE, Assistant Public Work Director
Meeting:July 8, 2014
Subject:Approving Agreement with NDOR for the Grand Island
Area Metropolitan Planning Organization (GIAMPO) for
the 2015 Fiscal Year Transportation Planning Program.
Item #’s:G-8
Presenter(s):John Collins PE, Public Works Director
Background
All agreements must be approved by the City Council.
In March 2013 the City of Grand Island was designated as a urbanized area with a population over 50,000 which requires the metropolitan area to establish a transportation
planning process in accordance with Title 23 CFR 450 of the current federal
transportation bill.
As a designated MPO, a multimodal Long Range Transportation Plan (LTRP) must be
developed and approved by March 27, 2016. During FY 2015 (July 1, 2014 – June 30,
2015), the following key activities will be taking place to insure that the City of Grand
Island, and the Grand Island Area Metropolitan Planning Organization (GIAMPO) will
continue to receive federal transportation funding for projects:
o July 2014 - RFP for consultants for the development of the LRTP after
authorization from NDOR to proceed
o August 2014 - Consultant selection and start development of the LRTP
o September 2014 thru June 30th, 2015 - Development of the traffic model
and public outreach
o November 2015 - “Draft” plan will be completed and made available for
further public review and comment
o January/February 2016 - Approval from GIAMPO Policy Board with
concurrence from NDOR
o Prior to March 27, 2016 - Approval of the LRTP by Federal Highway
Administration, and Federal Transit Administration.
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Discussion
The Nebraska Department of Roads has drawn up a Program Agreement with the City of
Grand Island for the purpose of assisting the Local Public Agency (LPA) in obtaining
Federal approval and financial assistance to ensure a continued, comprehensive, and
cooperative transportation planning process between the state and local governments for
the Grand Island Metropolitan Planning Area for Fiscal Year 2015.
The maximum Federal participation under this agreement is not to exceed $108,142 for
Fiscal Year 2015, which begins July 1, 2014 and ends June 30, 2015. The Federal share
on any portion of this project will be a maximum of 80% of the eligible costs. The local
20% ($) funds would be the City’s obligation not to exceed $27,035 and can be part of in-
kind services (staff time & expenses). Total cost is expected to be $135,177.
The attached Exhibit “A” Grand Island Area Metropolitan Planning Organization
(GIAMPO), Unified Planning Work Program describes the work to be carried out in
accordance with 23 U.S.C Section 134 of the Moving Ahead for Progress in the 21st
Century (MAP-21), Transportation Bill and has been reviewed and approved by the
GIAMPO Policy Board, City of Grand Island Legal Department, Nebraska Department
of Transportation, Federal Highway Administration, and Federal Transit Administration.
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 a resolution authorizing the
Mayor to sign the agreement.
Sample Motion
Move to approve authorization for the Mayor to sign the agreement.
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Grand Island Area
Metropolitan Planning
Organization
(GIAMPO)
FY 2015 Unified Planning Work Program
The preparation of this document has been financed in part through funds from the Federal
Highway Administration, Federal Transit Administration, the U.S. Department of
Transportation, under the Metropolitan Planning Program, Section 104(f) of Title 23 U.S. Code,
and Nebraska Department of Roads. The contents of this document do not necessary reflect
the official views or policy of the U.S. Department of Transportation.
Adopted May 27, 2014, Administrative Modification 6/12/2014
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Grand Island Area Metropolitan Planning Organization (GIAMPO)
Unified Planning Work Program for Fiscal Year 2015
Policy Board Members
Mayor: Mayor, Jay Vavricek
Grand Island Council Members: Vaughn Minton, Kent Mann, Julie Hehnke, Chuck Haase
County Board Members: Bob McFarland, Dave Ziola
Planning Commission Chair: Pat O’Neill
Nebraska Department of Roads Director: Randy Peters
Ex-Officio (non-voting) Members include:
FHWA Nebraska Division Administrator: Joseph Werning
FTA Region VII Administrator: Mokhtee Ahmad
Approved Ex-Officio (non-voting) Other Members:
City of Grand Island: Mary Lou Brown, John Collins, Terry Brown, Chad Nabity
Nebraska Department of Transportation: Brad Zumwalt, Wes Wahlgren
Federal Transit Administration: Mark Bechtel
Federal Highway Administration: Justin Luther
Technical Committee Members
The voting membership of the TAC is as follows:
(a) Grand Island Public Works Director
(b) Grand Island City Administrator
(c) Grand Island Manager of Engineering Services
(d) Hall County Regional Planning Director
(e) Hall County Public Works Director
(f) Two representatives from NDOR; one designated by the Planning and Development
Engineer and the District Four Engineer
(g) Merrick County Public Works Director or Highway Superintendent
(h) One representative from the Village of Alda
The Ex-Officio (non-voting) membership of the TAC is as follows:
FHWA Nebraska Division Transportation Planner or designee
(a) FTA Region VII Transportation Planner or designee
(b) NDOR Local Projects Division Urban Engineer
(c) Grand Island Finance Director
(d) One representative from the Union Pacific Railroad and one representative from the
Burlington Northern Santa Fe Railroad may be appointed to the committee by their
respective companies; other rail system operators may be added by the policy board as
needed
(e) One representative from the Grand Island Area Chamber of Commerce
(f) One representative from the Grand Island Area Economic Development Corporation
(g) The Board of the Central Nebraska Regional Airport may appoint one representative
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TABLE OF CONTENTS
Membership 1
Table of Contents 2
Boundary 3
Introduction 3
Significant Planned Activities for FY 2015 5
MPO WORK ELEMENTS
Element A – Unified Planning Work Program 5
Element B – Transportation Improvement Program 6
Element C – Public Participation Plan 6
Element D – Long Range Transportation Plan 7
Element E – Transit Planning 8
Element F – Administration/System Management 9
Budget Table 10
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Grand Island Metropolitan Study Area
Introduction
As required by 23 CFR 420 and 450.314 the Grand Island Area Metropolitan Planning Organization
(GIAMPO) has prepared this Unified Planning Work Program (UPWP).
The purpose of this document is to provide the citizens of the GIAMPO and all partnering governing
bodies an outline of the Metropolitan Planning Organization’s planned work activities, and identify the
funding for those activities for fiscal year 2015,(July 1, 2014-June 30, 2015). This document is a budget
document and it may be amended by the policy board as priorities and activities change.
The primary objectives for this year are to implement the Continuing, Cooperative, and Comprehensive,
(3-C) transportation process to develop a performance based Long Range Transportation Plan, Formal
Public Participation Plan, goals, objectives, and performance measures in accordance to current Federal
Transportation Act MAP-21, and to institute a transportation planning process that will address the
needs and investments in the transportation system in order to adequately maintain the transportation
system.
These Factors Include:
The metropolitan planning process must explicitly consider and analyze, as appropriate, eight planning
factors defined in MAP-21 that reflect sound planning principles and in coordination, cooperation, and
continuing with stakeholders in the Grand Island Metropolitan Planning Organizations Planning Area.
Support the economic vitality of the metropolitan area, especially by enabling global
competitiveness, productivity and efficiency;
Increase the safety of the transportation system for motorized and non-motorized users;
Increase the security of the transportation system for motorized and non-motorized users;
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Increase the accessibility and mobility options available to people and for freight;
Protect and enhance the environment, promote energy conservation, and improve quality of
life, and promote consistency between transportation improvements and State and local
planned growth and economic development patterns;
Enhance the integration and connectivity of the transportation system, across and between
modes, for people and freight;
Promote efficient system management and operation; and
Emphasize the preservation of the existing transportation system.
This input will be used to identify, plan and prioritize projects to meet the transportation needs of the
area. Initial efforts will focus on the development of the Public Participation Plan, Long Range
Transportation Plan, and corridor studies to improve safety and efficiency within the existing
transportation system.
Grand Island Area Metropolitan Planning Organization (GIAMPO)
The Grand Island Area Metropolitan Planning Organization (GIAMPO), is the organization of
elected officials in the Grand Island urbanized area designated by the Governor to carry-out the
federal mandated transportation planning process.
GIAMPO provides the forum for local decision-making on transportation issues of a regional
nature.
The foundation for the metropolitan planning process is to promote consistency between
transportation improvements and state and local planned growth and economic development
patterns and the submission of transportation planning documents to the FHWA, FTA, and
NDOR.
Meaningful public involvement will be encouraged and actively sought throughout the planning
and development of the area’s transportation plans and programs. Area citizens will be provided
an opportunity and encouraged to comment on every aspect of the transportation planning
process through planning meetings, public hearings, and individual correspondence.
GIAMPO staff will facilitate the development of all planning elements for the Metropolitan
Planning Area in accordance to the current federal transportation bill.
Policy Board
The Policy Board shall establish policy and procedures for matters necessary to comply with the
requirements of Title 23, United States Code, and subsequent acts. The Policy Board shall have the
power and duty to prepare and adopt comprehensive transportation studies and plans to guide the
unified development of the Grand Island Area Metropolitan Planning Area and to promote the general
welfare and prosperity of its people in an economic and efficient manner.
Technical Advisory Committee
The MPO Technical Committee (TAC) is responsible for the administration of the (3-C) Transportation
Planning Process, providing data, technical assistance, and recommendations to the Policy
Board for matters necessary to comply with the requirements of Title 23, United States Code, and
Subsequent acts. Responsibilities Include but are not limited to:
Advising the Policy Board on comprehensive transportation studies and plans to help guide the
unified development of the Grand Island Area Metropolitan Planning Area to promote the
general welfare and prosperity of its people in an economic and efficient manner.
Examining and recommending projects concerning the development of a safe, efficient, and
coordinated multimodal transportation network.
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Annually prepare and recommend, at a minimum, a five-year MPO Transportation Improvement
Program (TIP) and shall review the allocation of all federal-aid funds to eligible projects within
each Annual Element of the TIP for financial constraint.
Annually review the MPO Long-Range Transportation Plan (LRTP) and recommend updates as
necessary. The LRTP shall be updated at a minimum every five years.
Annually prepare and recommend an MPO Unified Planning Work Program (UPWP) detailing
projected work activities and a proposed budget for implementation.
Prepare and recommend a MPO Public Participation Process (PPP) that outlines the promotion
and utilization of public involvement, to be reviewed annually and updated as necessary.
Staff
The GIAMPO professional staff will be available to aid local officials and concerned citizens in
implementing transportation and various community improvement programs in an overall effort to
enhance the area. Staff members encourage and assist local leaders in several programs, with strong
emphasis on the benefits of regional cooperation and coordination. Currently, the GIAMPO staff
involved with transportation planning consists of a Metropolitan Planning Organization Program
Manager supported by the Director of Public Works/City Engineer and the Manager of Engineering
Services in conjunction with the Director of the Hall County Regional Planning Department, and various
administrative staff.
Staff Time Estimates
Staff (equivalent staff time) Estimated Staff Months
Professional Staff (MPO Program Manager) - Direct 11.5
Support Staff 6
FY 2015 SIGNIFICANT PLANNED ACTIVITES
Development and Approval of the Public Participation Plan
Development and Approval of the Travel Demand Model
Development and Approval of Goals and Objectives for the Development of the Long Range
Transportation Plan
Development and Approval of Performance Measures Based on MAP-21 Guidance
Development of the Long Range Transportation Plan with a 20-year horizon
MPO FY 2015 Work Elements
Element A - Unified Planning Work Program (UPWP)
Purpose: Develop and maintain the UPWP and budget including the following activities.
Previous Work:
Approved FY 2014 UPWP
Activities:
Draft, finalize and adopt the 2016 UPWP and Budget by April 15, 2015
Maintain the 2015 UPWP and Budget through UPWP Amendments, as necessary
Maintain the annual FHWA PL grant contract and any subsequent amendments
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Coordinate with planning partners regarding UPWP activities
End Products:
o 2015 Quarterly Reimbursement Requests and Quarterly Activities Reports
o UPWP amendments as needed
o Annual “DRAFT” FY 2016 UPWP submitted to NDOR prior April 15, 2015
Budget Costs Schedule
2015 UPWP and Budget Amendments $ 2,500 Ongoing
2016 Approved UPWP $ 8,640 3rd Quarter
Total Budget $ 11,140
Element B - Transportation Improvement Program (TIP)
Previous Work:
No work required prior to the adoption of the MPO’s Long Range Transportation Plan.
Purpose:
This element is to develop, maintain and monitor a five-year program of transportation projects and the
financial plan that demonstrates the program can reasonably be implemented. GIAMPO will monitor
the program, and will also continue the effort to gain public input on significant projects, and will
provide mechanisms to inform the public of the funding availability for federal, state, and local projects.
It also addresses TITLE VI assurances and Environmental Justice with its development and amendments
to the approved TIP.
Activities:
Meet with stakeholders, decision makers, and citizens concerning the Transportation
Improvement Program (TIP) process and the TIP Program, when needed. This includes
presentations of Grand Island’s one and six year road plans.
Staff involvement on project related activities ensuring issues are properly identified and
adequately addressed for timely implementation.
Annual posting of federally funded projects for the previous fiscal year, including the status of
every project in the first year of the previous TIP.
Draft an initial TIP Policy.
End Products:
o Amendments to the current approved Transportation Improvement Program (if necessary)
o Annual Posting of projects and status of year 1 of the previous TIP on GIAMPO’s website
o Project Priority and Selection Policy for GIAMPO
Budget Costs Schedule
Federal/State Funds Expended Prior Year $1,728 1st Quarter
TIP Policy/Selection Process $7,500 3rd Quarter
Present Grand Island’s 1 and 6 Year Road Plan $3,000 TBD
Total Budget $12,228
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Element C – Public Participation Plan (PPP)
Purpose:
The initial PPP will be developed as a task in the development of the LRTP, the foundation of the PPP will
be to enhance and encourage participation of stakeholders, decision makers, and citizens in the
transportation planning process. Special efforts will focus on persons and groups that are typically
under-represented in transportation planning or with special transportation needs, including, low-
income, minority, elderly, and disabled populations.
Previous Work:
A web page was developed for the Grand Island Area Metropolitan Planning Organization where
meeting agendas and minutes are posted. Meeting notices are advertised in accordance with
the City of Grand Island’s open meeting policy.
Activities:
The PPP will be done as part of the development of the Long Range Transportation Plan. Opportunities
for public participation will be offered at all future GIAMPO Policy Board meetings and TAC meetings on
published agenda items.
Initially this will include education about the MPO and the purpose of the MPO. This will be
done with media interviews, GITV, and public speaking engagements with civic groups.
The GIAMPO website will be maintained for meeting notices and information regarding
transportation planning activities that affect the region.
Start-up social media sites such as Facebook and Twitter to inform interested parties on
transportation planning activities.
End Product
o Approved Public Participation Plan
Budget Costs Ad. Mod 6/2014 Schedule
Title VI Mitigation/Assessment $ 4,500 $4,500 1st Quarter
Public Participation Plan $ 9,500 $9,500 2nd Quarter
Web Site Development/Maintenance $ 2,500 $2,500 Ongoing
Civic Group Speaking $ 1,200 $1,200 Ongoing
Media Interviews $ 1,800 $1,800 Ongoing
GITV Programing $ 5,250 $4,985 Ongoing
Total Budget $24,750 $ 23,585
Element D – Long-Range Transportation Plan (LRTP)
Purpose:
The initial LRTP will include long-range and short-range strategies/actions that lead to the development
of an integrated multimodal transportation system to facilitate the safe and efficient movement of
people and goods. It will be developed with regards to the intent and requirements of the Moving
Ahead for Progress in the 21st Century Act (MAP-21) passed in July 2012 and guidance by the Federal
Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Nebraska
Department of Roads (NDOR). The consultant and MPO Program Manager shall coordinate development
and completion of all activities with respective stakeholders.
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Previous Work:
A Request-For-Proposal for Professional Services to perform the development of the Long Range
Transportation Plan was developed. Consultant selection process, and signed agreements were put in
place the fourth quarter of FY 2014.
Activities:
Develop performance goals, objectives, and measures for approval
Develop and calibrate of a Travel Demand Model that combines GIS and transportation
modeling capabilities in a single integrated platform.
Development of a performance based LRTP with a 20-year horizon by March 2016
End Products:
o Approved Performance Goals, Objectives, and Measures
o Validated Travel Demand Model
o Forecasted Independent Variables
o Financial Projections for LRP
o E&C Network E&C LOS Identified
Budget Costs Schedule
Initial Consultant Project Kick-off Community Survey $ 5,000 1st Quarter
Objectives and Goals of the LRTP $ 7,500 1st Quarter
Performance Measures and Priority Selection Process $ 5,500 3rd Quarter
Base Data into Traffic Analysis Zones $ 7,500 3rd Quarter
Future IV's (Population, Land Use, Employment) $ 8,000 3rd Quarter
Base and Forecasted E&C network projections $ 8,522 4th Quarter
Financial Projections $ 8,000 4th Quarter
Total Staff Budget $50,022
Professional Services-Model/LRTP Development $ 187,500
Element E – Transit Planning
Previous Work:
Preliminary discussions and the development of a MOA for Hall County to continue providing transit and
para-transit services within the study area.
Purpose:
In 2012, the City of Grand Island became the designated recipient to receive the FTA 5307(Urban) transit
funds. In 2013, the City and Hall County entered into an interlocal agreement for Hall County
Transportation to continue to operate services using unexpended FTA 5311(Rural) funds during a
transitional period. During FY 2015 the MPO will work with the City of Grand Island and Hall County to
develop and finalize a transitional plan for transit services in the City of Grand Island and Hall County.
The plan must at a minimum provide a level of service for transit customers consistent with the level of
service that has been offered by Hall County Transportation. The transitional plan will also take into
account, possible additional services based on funding and identified needs of the community.
Activity:
A plan will need to be approved to transition Grand Island from FTA 5311 funding to FTA 5307 funding.
This may include the development of a Coordinated Service Plan for FTA section 5310 funding for the
area.
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End Product:
o Development of a Transition Plan with timelines, expected funding and procurement policies
produced by June 30, 2015.
Budget Costs Schedule
General Framework and Transit Planning $27,335 TBD
Total Budget $27,335
Element F – Administration/Systems Management (ASM)
Purpose:
The General administration of the transportation planning program for the Grand Island Area
Metropolitan Planning Organization.
Previous Work:
Adopted By-Laws for the Technical Advisory Committee on March 25, 2014
Adopted By-Laws for the Policy Committee in July 23, 2013, and amended September 17, 2013
Hired the Metropolitan Planning Manager on February 28, 2014
Set meeting schedules for the Policy Board and TAC
Developing the FY 2015 UPWP
Created of the GIAMPO web page
Established reporting and invoicing practices for transportation planning program
Provided for office and office equipment for the MPO Staff including computers, printers,
furniture, phone and other necessary tools
Activities:
Compile and submit quarterly reimbursement reports to NDOR
Compile and submit quarterly progress reports to NDOR
Manage the GIAMPO Funding Streams
Track the status of UPWP budget and activities
End Product:
o General Administration of the established 3-C Transportation Planning Process for the Grand
Island Area Transportation Study.
Budget Costs Ad. Mod. 6/2014 Schedule
Direct
Prepare Meetings for Policy Board and TAC $4,250 $4,250 Ongoing
Meeting Minutes and other Documentation $4,500 $3,750 Ongoing
Administration of Program/Reporting Documentation $3,400 $3,400 Ongoing
Manage Funding Streams and Budget $4,500 $4,500 Ongoing
$16,650 $15,900
Other Direct
Software/Equipment $13,500 $13,500 Ongoing
Professional Development/Conference Travel $3,603 $3,603 Ongoing
Advertise Meetings $1,800 $1,800 Ongoing
Office Expenses $2,500 $2,500 Ongoing
$21,403 $21,403
Total Budget $38,053 $37,303
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Budget
It is anticipated that the cost of implementing this UPWP for GIAMPO will be $351,018, during fiscal year
2015. Based on the formula funding for MPOs in Nebraska, GIAMPO is eligible for up to $130,010
Federal Planning funds for staffing and other expenses. NDOR has indicated that during the 2014 and
2015 budget years they intend to set aside an additional $150,000 for creation of the GIAMPO LRTP.
The City of Grand Island, by agreement will provide at least a 20% match (including but not limited to
staff time, office space, and web hosting and financial services) toward GIAMPO’s transportation
planning activities.
Work Element Federal Local Total
A Unified Work Program – Total Cost $8,912 $2,228 $11,140
2015 UPWP and Budget amendments $2,000 $500 $2,500
2016 UPWP and Budget $6,912 $1,728 $8,640
B Transportation Improvement Program (TIP) – Total Cost $9,782 $2,446 $12,228
Federal Funds Expended for FY 2014 Posted by Oct. 1, 2014 $1,382 $346 $1,728
Draft TIP Policy/Selection
$6,000 $1,500 $7,500
Present Grand Island 1 and 6 Year road plan $2,400 $600 $3,000
C Public Participation Process/Plan (PPP) – Total Cost $19,588 $4,897 $23,585
Title VI Mitigation/Assessment $3,600 $900 $4,500
Public Participation Plan $7,600 $1,900 $9,500
Web Site Development/Maintenance $2,000 $500 $2,500
Civic Group Speaking
$960 $240 $1,200
Media Interviews
$1,440 $360 $1,800
GITV Programing $3,988 $997 $5,250
D Long-Range Transportation Plan (LRTP) – Total PL Cost $40,018 $10,004 $50,022
Initial Consultant Project -Kick-off-Community Survey $4,000 $1,000 $5,000
Objectives and Goals of the LRTP $6,000 $1,500 $7,500
Performance Measures $4,400 $1,100 $5,500
Base Data into Traffic Analysis Zones/Network/Screen line Data $6,000 $1,500 $7,500
Base and Future IV's (Population, Land Use, Employment) $6,400 $1,600 $8,000
Base and Forecasted E&C Network Projections $6,818 $1,704 $8,522
Financial Projections and Project Selection Criteria $6,400 $1,600 $8,000
Professional Services-Model/LRTP Development $150,000 $37,500 $187,500
E Transit Planning – Total Cost $21,868 $5,467 $27,335
Develop a Transition Plan for Services $10,200 $2,550 $12,750
Develop an RFP for Services $11,668 $2,917 $14,585
F Administration/Systems Management (ASM)- Total Staff
Cost $12,720 $3,180 $15,900
Prepare Meetings for Policy Board and TAC $3,400 $850 $4,250
Meeting Minutes and other Documentation $3,000 $750 $3,750
Administration of Program/Reporting Documentation $2,720 $680 $3,400
Manage Funding Streams and Budget $3,600 $900 $4,500
Procedural/Operational Manual $0 $0 $0
Other Direct – Total Cost $17,122 $4,281 $21,403
Software/Equipment
$10,800 $2,700 $13,500
Professional Development/Conference Travel $2,882 $721 $3,603
Advertise Meetings
$1,440 $360 $1,800
Office Expenses $2,000 $500 $2,500
Staff FHWA and FTA Federal Funding
$130,010 $32,502 $162,512
Development of PPP & LRTP CONSULTANT ONLY – Non PL Funds $150,000 $37,500 $187,500
Projected Total Expenses for all Activities $280,010 $70,002 $350,512
Approved 5/27, Ad. Modification 6/12
Grand Island Council Session - 7/8/2014 Page 71 / 131
Budget
It is anticipated that the cost of implementing this UPWP for GIAMPO will be $351,018, during fiscal year
2015. Based on the formula funding for MPOs in Nebraska, GIAMPO is eligible for up to $130,010
Federal Planning funds for staffing and other expenses. NDOR has indicated that during the 2014 and
2015 budget years they intend to set aside an additional $150,000 for creation of the GIAMPO LRTP.
The City of Grand Island, by agreement will provide at least a 20% match (including but not limited to
staff time, office space, and web hosting and financial services) toward GIAMPO’s transportation
planning activities.
Work Element Federal Local Total
A Unified Work Program – Total Cost $8,912 $2,228 $11,140
2015 UPWP and Budget amendments $2,000 $500 $2,500
2016 UPWP and Budget $6,912 $1,728 $8,640
B Transportation Improvement Program (TIP) – Total Cost $9,782 $2,446 $12,228
Federal Funds Expended for FY 2014 Posted by Oct. 1, 2014 $1,382 $346 $1,728
Draft TIP Policy/Selection
$6,000 $1,500 $7,500
Present Grand Island 1 and 6 Year road plan $2,400 $600 $3,000
C Public Participation Process/Plan (PPP) – Total Cost $19,588 $4,897 $23,585
Title VI Mitigation/Assessment $3,600 $900 $4,500
Public Participation Plan $7,600 $1,900 $9,500
Web Site Development/Maintenance $2,000 $500 $2,500
Civic Group Speaking
$960 $240 $1,200
Media Interviews
$1,440 $360 $1,800
GITV Programing $3,988 $997 $5,250
D Long-Range Transportation Plan (LRTP) – Total PL Cost $40,018 $10,004 $50,022
Initial Consultant Project -Kick-off-Community Survey $4,000 $1,000 $5,000
Objectives and Goals of the LRTP $6,000 $1,500 $7,500
Performance Measures $4,400 $1,100 $5,500
Base Data into Traffic Analysis Zones/Network/Screen line Data $6,000 $1,500 $7,500
Base and Future IV's (Population, Land Use, Employment) $6,400 $1,600 $8,000
Base and Forecasted E&C Network Projections $6,818 $1,704 $8,522
Financial Projections and Project Selection Criteria $6,400 $1,600 $8,000
Professional Services-Model/LRTP Development $150,000 $37,500 $187,500
E Transit Planning – Total Cost $21,868 $5,467 $27,335
Develop a Transition Plan for Services $10,200 $2,550 $12,750
Develop an RFP for Services $11,668 $2,917 $14,585
F Administration/Systems Management (ASM)- Total Staff
Cost $12,720 $3,180 $15,900
Prepare Meetings for Policy Board and TAC $3,400 $850 $4,250
Meeting Minutes and other Documentation $3,000 $750 $3,750
Administration of Program/Reporting Documentation $2,720 $680 $3,400
Manage Funding Streams and Budget $3,600 $900 $4,500
Procedural/Operational Manual $0 $0 $0
Other Direct – Total Cost $17,122 $4,281 $21,403
Software/Equipment
$10,800 $2,700 $13,500
Professional Development/Conference Travel $2,882 $721 $3,603
Advertise Meetings
$1,440 $360 $1,800
Office Expenses $2,000 $500 $2,500
Staff FHWA and FTA Federal Funding
$130,010 $32,502 $162,512
Development of PPP & LRTP CONSULTANT ONLY – Non PL Funds $150,000 $37,500 $187,500
Projected Total Expenses for all Activities $280,010 $70,002 $350,512
Approved 5/27, Ad. Modification 6/12
Grand Island Council Session - 7/8/2014 Page 72 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-187
WHEREAS, the Nebraska Department of Roads has prepared a Planning
Agreement for the City of Grand Island for the purpose of assisting the LPA in obtaining Federal
approval and financial assistance to ensure a continued, comprehensive, and cooperative
transportation planning process between the state and local governments for the Grand Island
Metropolitan Planning Area for Fiscal Year 2015; and
WHEREAS, the maximum Federal participation under this agreement is not to
exceed $108,142.00 for Fiscal Year 2015, which begins July 1, 2014 and ends June 30, 2015;
and
WHEREAS, the Federal share on any portion of this project will be a maximum
of 80% of the eligible costs; and
WHEREAS, the local 20% ($) funds would be the City’s obligation not to exceed
$27,035.00 and can be part of in-kind services (staff time & expenses); and
WHEREAS, the total cost is expected to be $135,177.00; and
WHEREAS, an agreement with the Nebraska Department of Roads is required to
proceed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with the Nebraska
Department of Roads for the purpose of assisting the LPA in obtaining Federal approval and
financial assistance for the Grand Island Metropolitan Planning Area for Fiscal Year 2015 is
hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 73 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-9
#2014-188 - Approving Acquisition of Right-of-Way for Capital
Avenue Widening – Webb Road to Broadwell Avenue
This item is related to the aforementioned Public Hearing item E-2.
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 7/8/2014 Page 74 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-188
WHEREAS, right-of-way is required by the City of Grand Island, from the
affected property owners and tenant in the Capital Avenue Widening – Webb Road to Broadwell
Avenue Project area, as follows:
Tract
No Owner/Address Legal
Right-of-Way
Payment
(minimum
$100.00)
Payment of
Damages Total
1L
Matthew “Matt”
Panowicz, John
Panowicz, Robert
“Bob” Panowicz,
and Michael
“Mike” Panowicz
(Lessee)
A TRACT OF LAND CONSISTING OF
PART ON AN UNPLATTED TRACT
LOCATED IN THE SOUTH HALF (S1/2)
OF FRACTIONAL SECTION 6,
TOWNSHIP 11 NORTH, RANGE 9
WEST, CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND
MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST
CORNER OF SAID FRACTIONAL
SECTION 6; THENCE ON AN
ASSUMED BEARING OF N01°33'03"W
ALONG THE WEST LINE OF SAID
SECTION 6 A DISTANCE OF 33.00
FEET; THENCE N89°19'05"E A
DISTANCE OF 33.00 FEET TO THE
SOUTHWEST CORNER OF AN
UNPLATTED TRACT OF LAND AS
DESCRIBED IN INSTRUMENT
NUMBER 84-004813, HALL COUNTY
REGISTER OF DEEDS; THENCE
N01°33'03"W ALONG THE WEST LINE
OF SAID UNPLATTED TRACT A
DISTANCE OF 25.00 FEET TO A
WESTERLY CORNER OF SAID
UNPLATTED TRACT, SAID POINT
ALSO BEING THE POINT OF
INTERSECTION OF THE NORTH
RIGHT-OF-WAY (R.O.W.) LINE OF
CAPITAL AVENUE AND THE EAST
R.O.W. LINE OF WEBB ROAD AND
THE POINT OF BEGINNING; THENCE
CONTINUING N01°33'03"W ALONG
SAID EAST R.O.W. LINE A DISTANCE
OF 12.36 FEET; THENCE S53°27'14"E A
DISTANCE OF 61.75 FEET TO A POINT
ON THE NORTH R.O.W. LINE OF
CAPITAL AVENUE; THENCE
S89°19'05"W ALONG SAID NORTH
R.O.W. LINE A DISTANCE OF 29.60
FEET TO THE SOUTHEAST CORNER
OF SAID UNPLATTED TRACT
DESCRIBED IN INSTRUMENT
NUMBER 84-004813; THENCE
N38°28'00"W ALONG THE EASTERLY
$100.00 NONE $100.00
Grand Island Council Session - 7/8/2014 Page 75 / 131
- 2 -
LINE OF SAID UNPLATTED TRACT
DESCRIBED IN INSTRUMENT
NUMBER 84-004813, SAID EASTERLY
LINE ALSO BEING THE NORTH
R.O.W. LINE OF CAPITAL AVENUE, A
DISTANCE OF 8.86 FEET; THENCE
N00°32'14"W ALONG SAID NORTH
R.O.W. LINE A DISTANCE OF 9.00
FEET; THENCE S89°19'05"W ALONG
SAID NORTH R.O.W. LINE A
DISTANCE OF 7.00 FEET; THENCE
N38°28'00"W ALONG SAID NORTH
R.O.W. LINE A DISTANCE OF 11.38
FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 637 SQUARE
FEET MORE OR LESS.
5
Longleaf, L.L.C.
c/o Andrew Marsh
A TRACT OF LAND CONSISTING OF
PART OF LOT 1, BLOCK 8 REPLAT,
CONTINENTAL GARDENS AN
ADDITION TO THE CITY OF GRAND
ISLAND, HALL. COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NE CORNER
OF SAID LOT 1, SAID POINT ALSO
BEING ON THE SOUTH RIGHT-OF-
WAY (R.O.W.) LINE OF CAPITAL
AVENUE AND THE POINT OF
BEGINNING; THENCE ON AN
ASSUMED BEARING OF S00°56'29”E
ALONG THE EAST LINE OF SAID LOT
1, A DISTANCE OF 19.86 FEET;
THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION HAVING A
DELTA ANGLE OF 06°44'05”, A
RADIUS OF 108.00 FEET, AN ARC
LENGTH OF 12.69 FEET AND A
CHORD BEARING S84°25'38”W FOR A
DISTANCE OF 12.69 FEET; THENCE
S87°34'02”W, A DISTANCE OF 139.79
FEET; THENCE S89°13'17”W, A
DISTANCE OF 58.13 FEET TO A
POINT ON THE WEST LINE OF SAID
LOT 1; THENCE N01°30'22”W ALONG
SAID WEST LINE AND THE EAST
LINE OF A UNPLATTED TRACT, A
DISTANCE OF 25.65 FEET TO THE NW
CORNER OF SAID LOT 1, SAID POINT
ALSO BEING ON THE SOUTH R.O.W.
LINE OF CAPITAL AVENUE; THENCE
N89°11'12”E ALONG SAID SOUTH
R.O.W. LINE, A DISTANCE OF 244.63
FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 5,790.00
SQUARE FEET MORE OR LESS.
5,790.00 SF @
$1.45/SF NONE $8,400.00
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- 3 -
31
Debra J. Shafer and
Michael A. Shafer
A TRACT OF LAND CONSISTING OF
PART OF A TRACT DESCRIBED AS
LOTS 1 AND 3, BLOCK 1, OF
COLLEGE ADDITION TO WEST
LAWN IN THE CITY OF GRAND
ISLAND, HALL. COUNTY,
NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NW CORNER
OF SAID LOT 1, SAID POINT ALSO
BEING ON THE SOUTH RIGHT OF
WAY (R.O.W.) LINE OF CAPTIAL
AVENUE AND THE POINT OF
BEGINNING; THENCE ON AN
ASSUMED BEARING OF N89°47'43”E
ALONG SAID SOUTH R.O.W. LINE, A
DISTANCE OF 127.77 FEET; THENCE
S45°32'30”E ALONG SAID SOUTH
R.O.W. LINE, A DISTANCE OF 35.56
FEET TO THE POINT OF
INTERSECTION OF SAID SOUTH
R.O.W. LINE AND THE WEST R.O.W.
LINE OF BROADWELL AVENUE;;
THENCE S00°52’42”E ALONG SAID
WEST R.O.W. LINE, A DISTANCE OF
91.63 FEET TO THE SE CORNER OF
SAID LOT 3; THENCE S89°01’20”W
ALONG THE SOUTH LINE OF SAID
LOT 3, A DISTANCE OF 1.43 FEET;
THENCE N03°41’10”W A DISTANCE OF
79.91 FEET; THENCE N45°09’22”W, A
DISTANCE OF 38.06 FEET; THENCE
S89°50’38”W, A DISTANCE OF 120.82
FEET TO A POINT ON THE WEST LINE
OF SAID LOT 1; THENCE N01°00”46”W
ALONG SAID WEST LINE A DISTANCE
OF 9.84 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS
1,973.00 SQUARE FEET MORE OR
LESS.
1,973.00 SF @
$7.00/SF NONE $13,820.00
Grand Total $22,320.00
WHEREAS, an Agreement for Acquisition of 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 Agreements for Acquisition of 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 agreements on behalf of the City of Grand Island.
Grand Island Council Session - 7/8/2014 Page 77 / 131
- 4 -
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 78 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item G-10
#2014-189 - Approving Renewal of Life Insurance Policy
Staff Contact: Brenda Sutherland
Grand Island Council Session - 7/8/2014 Page 79 / 131
Council Agenda Memo
From:Brenda Sutherland, Human Resources Director
Meeting:July 8, 2014
Subject:Approving Life Insurance Renewal
Item #’s:G-10
Presenter(s):Brenda Sutherland, Human Resources Director
Background
The City of Grand Island provides a life insurance benefit for its employees and their
dependents. Employees are provided with $50,000 of coverage and their spouse has
$10,000 and their dependent children have $5,000 of life insurance coverage. Employees
also have the option of purchasing supplemental coverage at their own expense. The
City’s current provider is Aetna.
Discussion
The cost for coverage will remain at the same rate it is today at a cost of .13 cents per
thousand for basic coverage for city employees. The cost to provide the family coverage
will also remain the same at .74 cents per family unit for dependent coverage.
Employees will still have the option to purchase supplemental coverage at their own
expense. Through the budget preparation process, we have talked about escalators that
the City sees with various contracts that it has in place. That will not be the case with this
renewal contract as Aetna has guaranteed its rates for three years. The renewal period
will run from August 1, 2014 through July 31, 2017
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 - 7/8/2014 Page 80 / 131
Recommendation
City Administration recommends that the Council approve the renewal with Aetna to
provide the City’s life insurance benefit.
Sample Motion
Move to approve the renewal with Aetna to provide the City’s life insurance benefit.
Grand Island Council Session - 7/8/2014 Page 81 / 131
Customer:The City of Grand Island Nebraska
Customer Number:724965
Renewal Billing Rates and Annual Premium
** Life Renewal Rates are guaranteed from August 1, 2014 to August 1, 2017
**Receiving census at least once per year is a condition of the rate guarantee.
Rate Existing New Rates %
Comparison Rates Effective 8/1/14 Change
Basic Term Life
Employee per $1,000 $0.110 $0.110 0.00%
Basic AD&D
Employee per $1,000 $0.020 $0.020 0.00%
Basic Dependents Term Life
Per Family Unit $0.740 $0.740 0.00%
Supplemental Term Life
Employee per $1,000 $0.290 $0.290 0.00%
Employee & Spouse per $1,000 $0.290 $0.290 0.00%
Supplemental Dependents Term Life
Per $1,000 $0.200 $0.200 0.00%
Supplemental AD&D
Employee per $1,000 $0.040 $0.040 0.00%
Employee & Spouse per $1,000 $0.050 $0.050 0.00%
Grand Island Council Session - 7/8/2014 Page 82 / 131
Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
RESOLUTION 2014-189
Whereas, the City provides life insurance to employees and their dependents as
prescribed in labor agreements and as authorized by the City of Grand Island Personnel
Rules; and
WHEREAS, Strong Financial Resources, Inc. of Aurora is the agent of record;
and
WHEREAS, The cost for Life Insurance benefit will be .13 cents per thousand for
employee coverage and .74 cents per family unit for family coverage; and
WHEREAS, the contract will commence on August 1, 2014 and will renew
annually through July 31, 2017 and the proposed rate is guaranteed for a three year
contract period; and
WHEREAS, employees may have the ability to purchase supplemental coverage
at their own expense.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Life Insurance contract
with Aetna is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 83 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item I-1
#2014-190 - Consideration of Approving City of Grand Island
Corporate Card Credit Agreement
Staff Contact: Jaye Monter, Finance Director
Grand Island Council Session - 7/8/2014 Page 84 / 131
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:July 8, 2014
Subject:Consideration of Approving Bank of America Corporate
Card Credit Agreement
Item #’s:I-1
Presenter(s):Jaye Monter, Finance Director
Background
In 2003, the City established its first City Credit Card Program for city purchases. The
department issued credit cards were intended to be used for small purchases and
convenience of employee required travel. The current credit card program has become
cumbersome and obsolete. The current credit card program also does not utilize the
spending power of the City or provide the City with a rebate that is commonplace with
many large scale credit card programs.
A request for proposals (RFP) was sent out in March of this year in search of a new City
of Grand Island Credit Card Program. The City received 10 responses and the selection
committee invited three for in-depth demonstrations. The recommendation the selection
committee is bringing forward is the Bank of America Credit Card Program.
Discussion
As presented in the July 1, 2014 study session, every year The City of Grand Island pays
over $100 million to outside vendors. By switching to the proposed credit card program
and capturing even 10% of that spending it would provide the City with an estimated
$170,000 in rebate or cash back.
Rebates will be allocated back to each department at the fund level. The City’s rebate
with Bank of America is based upon the total spending group of the governmental
cooperative buying group; with additional increases in rebate levels as new entities join
the cooperative.
Other topics covered in the July 1, 2014 study session included:
Grand Island Council Session - 7/8/2014 Page 85 / 131
Staff time savings through electronic workflow approval
Staff time savings reducing processing steps
Reduction/elimination of paper
Digital document storage
Seamless integration with City accounting software
Increased fraud controls
Restrict types of purchases by card
Real-time management and accounting review
No fees assessed to the City
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 approves the Bank of America
Corporate Credit Card Service Agreement.
Sample Motion
Move to approve the Bank of America Corporate Credit Card Service Agreement.
Grand Island Council Session - 7/8/2014 Page 86 / 131
1264298.05 1
Bank of America Corporate Card Service Agreement
This Bank of America Corporate Card Service Agreement (the “Agreement”) is made by and between FIA Card Services, N.A., a Bank
of America company, (“Bank of America”), and City Of Grand Island (“Company”) and shall be effective as of July 8, 2014 (“Effective
Date”).
The terms “we”, “us” and “our” refer to Bank of America. The terms “you” and “your” refer to Company.
With our Corporate Card Services you are allowed to open Card Accounts for your business purposes. You may select one or more of
the following card programs: purchasing card program, travel and entertainment card program, accounts payable card program or fleet
card program (each a “Service”, collectively, the “Services”). You may begin using a Service once we have approved such use and we
have received all required and properly executed forms and you have successfully completed any testing or training requirements.
Whenever you use a Service, you agree to be bound by this Agreement, as amended from time to time, and to follow the procedures in
the applicable Materials.
DEFINITIONS
Billing Statement. The official invoice provided to you, Participant and/or Cardholder which identifies each Transaction posted during
the billing cycle, the date of each Transaction and the applicable fees and charges, payment amount due and Payment Due Date.
Business Day. Each day on which we are open for business related to the Services.
Card. Each plastic charge card which we issue for your Card Account using a Service.
Card Account. Each MasterCard® or Visa® account which we issue to you or to a Cardholder with respect to a Service, including a
Cardless Account.
Card Administrator. One or more individuals designated by you in writing, as our primary contact for the Card Accounts, who is
authorized to take actions necessary or appropriate to maintain the Card Accounts, including without limitation designating persons to
receive Card Accounts, receiving communications from us related to the Card Accounts, requesting the closure of Card Accounts and
otherwise communicating with us with respect to the Card Accounts.
Cardholder. Your employee or any other person who you designate in writing and who we approve to receive a Card. If you or a
Cardholder makes a Card Account number or Convenience Check available to another party, that person will also be considered a
Cardholder.
Cardless Account. An Account for which we assign only an account number, but no Card is issued.
Cash Advance. Use of a Card Account to obtain cash from a participating financial institution, merchant or Automated Teller Machine,
to write a Convenience Check or to obtain items readily convertible into cash, such as money orders, travelers checks, foreign
currency, lottery tickets, casino chips and race-track wagers.
Convenience Check. A check which we may provide to you, upon your request, to draw on a Card Account.
Grace Days. The number of days after the Billing Statement closing date within which payment is due.
Guarantor. A person or entity, other than you or a Participant, that agrees to assume responsibility for the obligations of this
Agreement, including payment of any amounts owed.
Materials. The Software, user identification codes, passwords, codes, keys, test keys, security devices, embedded algorithms, digital
signatures and certificates, other similar devices and information, User Documentation and related documentation we provide to you.
Participant. A Subsidiary, affiliate or division of yours which you designate in writing on a Participant Account Form and which we
approve, for us to issue a Card Account with its own account number. A Participant Account Form, upon completion by you and
approval by us, will be made a part of this Agreement.
Payment Due Date. The payment due date shown on the Billing Statement which date shall be the last day of the Grace Days.
Software. Web-based applications accessed via a Website and/or the programs and data files provided by us for use on a computer in
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1264298.05 2
connection with the Services.
Subsidiary. Any entity in which more than 50% of the ownership interest is owned, directly or indirectly, by you. The term "Subsidiary"
does not include affiliates or other entities in which 50% or less of the ownership interest is owned, directly or indirectly, by you.
Transaction. The purchase or reservation of goods or services or a Cash Advance made or facilitated by use of a Convenience Check
or Card Account.
Unauthorized Use. Use of a Card Account, Card or Convenience Check by a person (i) who is not your Cardholder, employee or
agent, (ii) who does not have actual, implied or apparent authority to use the Card Account and (iii) whose use does not benefit you
directly or indirectly.
User Documentation. Any written information we provide you, including information in electronic format, as amended from time to
time, which contains detailed instructions regarding the use of a Service. Current User Documentation is available upon your request.
Website. Any internet website and/or online access channel for use in accessing the Services.
OUR OBLIGATIONS
We will open Card Accounts upon your request which Cardholders may use to conduct Transactions for your business. All
Transactions made on a Card Account are considered authorized by you unless we receive and have had a reasonable period of time
to act upon written notice from you that the Cardholder is no longer authorized to use the Card, Convenience Checks or the Card
Account.
Upon your request, we may also provide Convenience Checks with respect to your Card Accounts. At your request, we may also
establish a Cardless Account. If you so request, we will provide to the Cardholder, at the address you or the Cardholder specifies, a
Billing Statement reflecting the Cardholder’s use of the relevant Card Account. We may deny authorization of any Transaction if we
suspect fraudulent activity or Unauthorized Use or for any other reason. Notwithstanding anything to the contrary in the “Limitations of
Liability” section of this Agreement, we will not be liable for any failure to authorize a Transaction.
We are responsible only for performing the Services expressly provided for in this Agreement. We may contract with an outside vendor
in performing the Services.
YOUR OBLIGATIONS
You shall use each Card Account solely for your business purposes.
You shall pay for each Transaction, regardless of its purpose or whether you signed a sales draft or received a receipt. In addition, you
shall pay our fees and charges as set forth in the schedule of charges currently in effect for you.
You represent and warrant to us that each Cardholder is a current employee or agent of your company. You will promptly furnish such
financial and other information as we request for the purpose of reviewing your ability to perform your obligations to us. You represent
and warrant to us that all such information about your employees, agents and your company is accurate and sufficiently complete to
give us accurate knowledge of your financial condition.
You and each Cardholder will check to ensure that the information embossed on each new Card or printed on each Convenience
Check is correct, and you will contact us immediately if there is an error.
You must give us prompt written notice of any addition, change or elimination of a Card Administrator.
You are responsible for maintaining the security of your data and ensuring that it is adequately backed-up. We are not responsible for
your loss of your data.
CHARGE LIMITS
For each Service, we will give you one total charge limit for all your Card Accounts. We will also assign an individual charge limit for
each Card Account. Upon your request and if approved by us, we may increase the total charge limit or any individual limit. We may
decrease the total charge limit or any individual limit at our discretion. You agree not to incur obligations which would cause the total
charge limit for all your Card Accounts to be exceeded. If you do exceed this limit, or if any Cardholder’s individual charge limit is
exceeded, we may deem the entire balance owing to be immediately due and payable, and/or we may refuse any Transactions on all
Card Accounts or the individual Card Account until a payment is made to reduce the balance below the total charge limit or the
individual charge limit.
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1264298.05 3
TRANSACTIONS IN OTHER CURRENCIES
If you make a Transaction in currency other than U.S. dollars, Visa or MasterCard will convert the charge or credit into a U.S. dollar
amount. The conversion rate on the processing date may differ from the rate on the date of your Transaction. The exchange rate used
by Visa will either be (i) a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central
processing date, which rate may differ from the rate Visa receives, or (ii) the government-mandated rate in effect for the central
processing date. MasterCard will use an exchange rate of either (i) a wholesale market rate or (ii) a government-mandated rate. We
may add a fee to the U.S. dollar amount of any Transaction that is made in a foreign currency (the “International Transaction Fee”).
The International Transaction Fee is set forth in the schedule of charges currently in effect for you. The International Transaction Fee
will be shown in the Activity section on your Billing Statement and aggregated in the Other Fees category on the Summary section of
your statement.
DISPUTES WITH MERCHANTS AND SUPPLIERS
We will have no liability for goods or services purchased with, or for a merchant’s or supplier’s failure to honor purchases made with, a
Card Account, Convenience Check or Card. You agree to make a good faith effort to resolve any dispute with a merchant or a supplier
arising from a Transaction. In a dispute with a merchant or supplier, we will be subrogated to your rights and each Cardholder’s rights
against the merchant or supplier and you will assign (and cause the Cardholder to assign) to us the right to assert a billing error against
the merchant or supplier. You will, and will cause the Cardholder to, do whatever is necessary to enable us to exercise those rights.
We may reverse from any Card Account any Transactions relating to the dispute.
A merchant or supplier may seek prior authorization from us before completing a Transaction. If you advise us in writing that you desire
to restrict Transactions to merchants falling within certain categories we designate in our User Documentation, we will take reasonable
steps to prevent authorization of Transactions from other types of merchants. We, however, will not be liable to you if merchants or
suppliers nonetheless accept a Card, Convenience Check or Card Account for other types of Transactions, or if authorization for a
Transaction is not given.
CONVENIENCE CHECKS
If we provide Convenience Checks with regard to a Card Account, they may not be used to make payment on the Card Account. We
may pay a Convenience Check and post its amount to the Card Account regardless of any restriction on payment, including a
Convenience Check that is post-dated, that states it is void after a certain date or that states a maximum or minimum amount for which
it may be written. Once paid, Convenience Checks will not be returned to you or the Cardholder.
If you wish to stop payment on a Convenience Check, you must call us at the customer service number shown on your Billing
Statement and provide such information as we request or is required under the relevant User Documentation. We will stop payment if
we receive your request on or before the Business Day before the Business Day on which we would otherwise pay the Convenience
Check. The date on which we would pay a Convenience Check may be prior to the date it would post to your Card Account. A stop
payment order will remain in effect for up to six months.
CARDLESS ACCOUNTS; ACCOUNTS NOT IN NAME OF INDIVIDUAL
We may, at your request, establish a Cardless Account or establish a Card Account with a designation which is not an actual individual,
including, without limitation, designation of a vehicle identification number, license number, department name or “Authorized
Representative” on the Card Account. You agree to be solely responsible for the use of any such Cardless Account or Card Account,
including, without limitation, any Unauthorized Use, and you agree not to make any claim or request related to any Unauthorized Use of
such a Cardless Account or Card Account.
PAYMENT OF CARD ACCOUNTS; SECURITY INTEREST
We will provide to the Card Administrator, or other person you designate in writing to us, a Billing Statement which will identify each
Transaction posted during the billing cycle and the date of the Transaction. The Billing Statement will also list any applicable fees and
charges for a Service. If you have requested a Card Account for travel and entertainment Transactions, we will provide, upon your
request, an additional copy of the Billing Statement covering such use of the relevant Card Account to the appropriate Cardholder at the
address which you or the Cardholder provides to us.
You will pay to us the total amount shown as due on each Billing Statement on or before the due date shown on the statement. If you
do not make a payment in full by the specified due date, in addition to our other rights, we may assess a late fee and finance charge as
set forth in the schedule of charges currently in effect for you. You have no right to defer any payment due on any Card Account.
You will pay us for a Service according to the schedule of charges currently in effect for you, except as we agree otherwise (in writing)
from time to time. All charges are subject to change upon 30 days prior written notice to you (unless otherwise agreed in writing),
except that any increase in charges to offset any increase in fees charged to us by any supplier for services used in delivering the
Service may become effective in less than 30 days.
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1264298.05 4
You will pay us for Software support in excess of that contemplated in the Software section of this Agreement. The charges for such
extra support will be as specified by us before such charges are incurred or as otherwise agreed by you and us from time to time.
Unless otherwise agreed by us, payments must be made using an Automated Clearing House (ACH) service. As specified by you, we
may initiate ACH debits to any deposit account at any financial institution. If you arrange for direct payment by Cardholders, such an
arrangement will not change your responsibilities under the Agreement, including your obligation for payment.
You grant to us a security interest and contractual right of setoff in and to all deposits now or subsequently maintained with
us or any of our affiliates or subsidiaries. In connection with that grant, you authorize us to enter into a master control
agreement with our affiliates authorizing, upon the occurrence and continuance of any default, the disposition of any such
deposits to satisfy all liabilities incurred in connection with a Service, without your further consent. The grant of this security
interest shall survive termination of a Service.
LOST OR STOLEN CARDS; UNAUTHORIZED USE
In the event of a possible loss or theft of a Card, Convenience Check or Card Account or possible Unauthorized Use, you will give us
notice by telephone to the numbers set forth in the User Documentation. You agree to give us this notice as soon as practicable but in
any event no later than the Business Day after discovery of the known or suspected loss or theft or Unauthorized Use. If notice as
provided in this paragraph is given and you assist us in investigating facts and circumstances relating to the loss, theft or possible
Unauthorized Use, including without limitation obtaining an affidavit or similar written, signed statement from the Cardholder, then you
will not be liable for Transactions resulting from Unauthorized Use. If we have issued fewer than ten Card Accounts to you, your liability
for Transactions by a person who does not have actual, implied or apparent authority to use the Card, Convenience Check, or Card
Account and whose use does not result in a direct or indirect benefit to you will not exceed $50 on each Card.
LICENSE TO USE YOUR MARKS
Upon your request, we may place your trademark, tradename, service mark and/or designs (“Company’s Marks”) on the Cards and
collateral materials. You will provide the graphics to us in sufficient time to allow for review and approval by us and, if necessary, the
respective card association. You grant to us a non-exclusive license to use, during the term of the Service, Company’s Marks on the
Cards and on other materials related to the Card Accounts. If, as you request, we place your Company Marks on the cards or collateral
materials, you agree that the indemnity under the “Protection from Third Parties” section of this Agreement covers any claim that the
use of any Company Marks infringes the intellectual property right of any third party.
EXTENSION OF CORPORATE CARD SERVICE TO AFFILIATES
Upon your request and submission of a Participant Account form, we may approve one or more affiliates of which you are majority
owner for participation in a Service. Each participating affiliate will have the same rights and obligations as you except that no separate
charge limit will be assigned. Your charge limit will apply to Transactions on all Card Accounts, including those of your participating
affiliates.
You may terminate an affiliate’s participation by giving us written notice and a reasonable time to act on such notice. If an approved
Participant is, or will no longer be, majority-owned by you, you agree to notify us immediately, and we may immediately terminate the
Card Accounts of such Participant.
GOVERNING LAW
The Services are governed by the laws respecting national banking associations and, to the extent not covered by those laws, by the
laws of the State of Delaware, without reference to that state’s principles of conflicts of law, regardless of where you reside or where a
Cardholder uses a Card Account.
TERMINATION
You or we may terminate the Agreement or a Service upon 60 calendar days prior written notice to the other party.
Notwithstanding the previous sentence, we may terminate the Agreement or a Service effective immediately, and we will send you
notice of the termination if any of the following occurs with respect to you, a Participant or a Guarantor:
■You fail to pay as and when due (whether upon demand, at maturity or by acceleration) or you breach any of the terms and
conditions in this Agreement or any other agreement with us or any of our affiliates or subsidiaries;
■You terminate, liquidate or dissolve your business or dispose of a substantial portion of your assets;
■You fail generally to pay your debts as they become due;
■You, voluntarily or involuntarily, become the subject of any bankruptcy, insolvency, reorganization or other similar proceeding;
■You initiate any composition with your creditors;
■You experience a material adverse change in your financial condition or your ability to perform your obligations under the
terms and conditions in this Agreement;
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■Any guaranty of your obligations to us terminates, is revoked or its validity is contested by the Guarantor, or any of the events
set forth in the above five bullet points attributable to you occur to the Guarantor;
■You fail to pay or perform any other obligation, liability or indebtedness to any other party;
■There is the death (if an individual) or resignation or withdrawal of any partner or material owner (of a privately-held entity);
■You merge or consolidate with or into another entity;
■We determine that any representation or warranty made to any of our affiliates or subsidiaries in any agreement is or was,
when it was made, untrue or materially misleading;
■You fail to timely deliver financial statements, including tax returns, other statements of condition or other information, as we
shall request from time to time;
■There is an entry of a judgment against you which we deem to be of a material nature;
■You experience seizure or forfeiture of, or the issuance of any writ of possession, garnishment or attachment, or any turnover
order for any property;
■We determine that we are insecure for any reason;
■You fail to comply with any law or regulation controlling your operation;
■There is a change in your ownership, if you are a privately-held entity, in excess of 50%.
Upon any termination of a Service, (i) the entire balance outstanding on all Card Accounts with respect to that Service shall, at our
option, become immediately due and payable and (ii) you will immediately destroy, and will instruct all Cardholders to immediately
destroy, all Cards and Convenience Checks. Your responsibility to pay for all Transactions regarding each Card Account will continue
until a reasonable period of time after you notify us to close the Card Account or until you pay for all Transactions entered into before
we close the Card Account to future use, whichever occurs later. After termination, you and all Cardholders will make no new
Transactions on any Card Account. If, however, such Transactions are made, you will be liable for each of them.
If a Service you are using is terminated for any reason, you will do the following:
■Immediately stop using any Materials relating to the terminated Service;
■Erase or delete any Software we have provided relating to the terminated Service to the extent it is stored in your computers;
and
■At our option, either return to us or destroy all Materials relating to the terminated Service and certify to us that you have done
so.
These obligations will continue after a Service you are using has been terminated.
SOFTWARE LICENSE
This section applies to all Software we provide to you pursuant to the Agreement unless we provide you a separate license agreement
for specific Software (including a “click-wrap” Software license you may obtain from us by downloading from our website and the
licenses for any other third-party Software we provide you in connection with the Services).
License
For each Software application we provide to you for one or more Services, we grant you a non-exclusive, revocable, non-transferable
license for the use of that Software and any Materials related to the Software that we provide to you. Each license is granted solely for
use in object code form only in connection with one or more Services. You may use the Software only in accordance with the
applicable User Documentation.
The Software, its source code, the Materials and all copyright, patent, trademark, trade secret and other rights in them are and will
remain the exclusive property of us or our licensors. You will secure and protect the Software and Materials (including all copies) in a
manner consistent with the maintenance of our rights and those of our licensors. In order to protect those rights, you will reproduce and
incorporate copyright notices and all other proprietary legends prescribed by us in any permitted copies. You may not remove, obscure
or otherwise tamper with or alter any such notices or legends affixed to or otherwise contained in the Software or Materials (or copies).
You will also take appropriate action to instruct and obligate your representatives who are permitted access to the Software and/or
Materials (including copies) to comply with your obligations to protect the Software and Materials.
We are obligated to provide you only with those updates, upgrades or new releases of Software which we make generally available to
our other customers who license the same Software. Any corrections, updates, upgrades or new releases that we provide to you must
be installed by you promptly or by such later time as we specify, and will be deemed part of the Software upon delivery to you. We will
provide support only for the most current version of Software we have provided to you.
You will, at your expense, cause a computer to be installed and kept in good condition and working order at your site for use of the
Software. The computer and its components must be equipment which is acceptable, as specified by us from time to time.
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At our option, we may assist you with the installation of Software on your computer and/or with the training of persons who will use the
Software, but we will not bear any responsibility for (i) such training or (ii) the proper installation or use of the Software. Except as you
and we may agree otherwise, you will be deemed to have accepted the Software upon its installation.
If we have provided you with Software to be installed on your computer, you may not install the Software on more than one computer or
electronically distribute it to any other computer, without our prior written approval and the payment of any fees that we may assess.
You may move the Software to another computer replacing the one on which the Software was originally installed or to another site, but
only after you give us notice, in writing or by electronic means approved by us for such purpose, specifying the new computer and site.
If we have provided you with Software to be installed on your network server, you may not electronically distribute, or allow anyone else
to electronically distribute, the Software except from the network server on which it is installed to workstations on that network. You will
provide us notice, in writing or by electronic means approved by us for such purpose, each time you install the Software on more than
one computer (subject to our prior written approval) or electronically distribute the Software to a workstation on that network, as
applicable, in each case indicating the location and the date of such installation or distribution.
You may not (i) sell, assign, transfer, license, sublicense or publish the Software or Materials (including any permitted copies), (ii)
disclose, display or otherwise make available the Software or Materials (including any permitted copies) to third parties, or (iii) copy, or
allow anyone else to copy, the Software or Materials, without our prior written approval, except that you may make two copies of the
Software for backup and/or archival purposes. In the event that we provide you with our prior written approval to make an additional
copy of the Software, you will (i) pay us any fees assessed by us and (ii) provide us notice, in writing or by electronic means approved
by us for such purpose, of the location and the date of such copy.
You will provide us with reasonable access to the Software and Materials at your site to provide assistance or to verify the status or
location of the Software and Materials. In addition, we may audit your site and have access to the Software and Materials provided to
you to confirm compliance with this Software License section. Furthermore, we may audit your site and have access to such Software
and Materials if you fail to provide us with any notices or reports, or if we reasonably believe you are using unauthorized copies of the
Software and/or Materials, using the Software and/or Materials in an unauthorized manner, and/or otherwise failing to comply with any
of the terms and conditions of this Agreement.
You may not alter, repair, modify or adapt any Software or Materials, including, but not limited to, translating, reverse engineering,
decompiling, disassembling or creating derivative works from it.
You will inform our client support unit of all errors, difficulties or other problems with the Software of which you become aware. We may
make reasonable efforts to fix or provide workarounds for any material errors reported to us and to provide you with support and
consultation concerning the Software. Any such efforts, support and consultation will be determined by us, in our sole discretion. You
will cooperate with us in the expeditious resolution of such errors, difficulties or other problems by providing us, on request, a listing of
input, output and all other data which we may reasonably request in order to reproduce operating conditions similar to those present
when such errors, difficulties or other problems were discovered.
Your license to the Software and Materials will terminate automatically if you breach a material term of this Software License section or
the license, or if the Services for which you are using the Software are terminated. In addition, in the event of a breach of your
confidentiality obligations with respect to the Software, we may seek any remedy provided by law or equity.
Limited Warranty/Disclaimers
You acknowledge that the Software and Materials have not been produced to meet your specific requirements and have not been
tested in every possible combination and operating environment. You are responsible for satisfying yourself that the Software and
Materials are satisfactory for your purposes.
You further understand and agree that we make no representation concerning the completeness, accuracy, timeliness, operation or
performance of the Software and/or Materials or their compatibility with any hardware. You acknowledge and agree that the operation
of the Software may not be uninterrupted or error-free and that the Software and Materials are provided on an “AS IS” basis.
We warrant that the Software will substantially conform to the documentation provided with the Software for a period of 30 days after
delivery to you, provided that (i) the Software has been used by you in strict compliance with the terms and conditions of this
Agreement and the Materials, (ii) the Software has not been modified in any way by you, and (iii) you promptly notify us and reproduce
for us any defects, errors or bugs in the Software which result in the Software not substantially conforming to such documentation. In
the event that such warranty is breached, we shall, at our option, (i) use reasonable efforts to correct or work around any such defects,
errors or bugs or (ii) accept return of the Software and refund any license fees paid by you for the Software.
You agree that the foregoing is your sole and exclusive remedy for breach of warranty and our sole obligation in connection with the
performance or operation of the Software and Materials.
Except as specifically stated above and in the Infringement Indemnity subsection below and notwithstanding any other
provision in this Agreement or otherwise, we make no representation or warranty, express or implied, written or oral, and, to
the full extent permitted by law, disclaim all other warranties including, but not limited to, the implied warranties of
merchantability or fitness for a particular purpose, regarding the Software, the Materials, and all other property, services or
rights covered by this Agreement.
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To the extent permitted by applicable law, and except as otherwise provided in this section, we will not be liable for damages of any
kind arising out of the provision of, use of, or inability to use, the Software and/or Materials.
You agree that the United Nations Convention on Contracts for the International Sales of Goods will not apply to our provision to you or
your use of any Software and/or Materials.
Infringement Indemnity
Notwithstanding your indemnity of us in the “Protection From Third Parties” section of this Agreement and except as otherwise provided
in this Agreement, we will defend at our own expense or settle any action brought against you to the extent it is based on a third party
claim that your use of the Software and/or Materials provided by us to you pursuant to this Agreement infringe any Berne Convention
country copyright or any United States of America or United Kingdom patent, trade secret or trademark of any third party, and we will
pay all costs and damages finally awarded in any such action.
Our obligations under this indemnity are subject to (i) prompt notice from you of any such claim or action, (ii) your not having made any
admission of liability or agreed to any settlement or compromise, (iii) your providing to us, in a prompt and timely manner, the
documents, information and assistance we reasonably request, (iv) our having sole control of defending such claim or action, (v) your
having used the current version of the Software and Materials, as provided to you by us, in compliance with the terms and conditions of
this Agreement, (vi) your using the Software and Materials only in the manner for which the Software and Materials were designed , (vii)
your not modifying the Software and Materials, and (viii) your not incorporating the Software and Materials with products not approved
by us. You acknowledge and agree that our obligations under this indemnity are our only obligations to you with respect to any
infringement claim in connection with your use of the Software and/or Materials.
Export Controls
You understand and acknowledge that any obligations that we may have to provide Software, any Materials, data, technical assistance,
training and related technical data, and any media in which any of the foregoing is contained (all of which shall be collectively referred
to as “Data”) will be subject in all respects to all applicable laws and regulations as shall from time to time govern the export or diversion
of certain products and technology to and from certain countries. You warrant and agree that you will comply in all respects with the
export and reexport restrictions applicable to the Data shipped and/or provided to you and that you will comply with all applicable laws
and regulations governing the export and diversion of the Data.
CHANGES TO A SERVICE
You may request us at any time to change the processing instructions for a Service. We are not obligated to implement any requested
changes until we have had a reasonable opportunity to act upon them. In making changes, we are entitled to rely on requests
purporting to be from you. For certain changes, we may require that your requests be in writing, in a form and manner acceptable to
us, or be from an authorized person you designate. In addition, certain requests for changes may be subject to our approval.
We may change, add or delete any of the terms, conditions and/or pricing applicable to a Service upon 30 days prior notice to you in
writing or by electronic means. Your continued use of or failure to terminate the Service, after the effective date of the change, will
indicate your agreement to the change.
COMMUNICATIONS; NOTICES
Any written notice or other written communication to be given under the terms of this Agreement will be addressed to the applicable
address specified on the signature page, except as you or we specify otherwise in writing. Notices are effective upon receipt, except as
otherwise provided in this Agreement or any Materials.
You agree that we may electronically monitor and/or record any telephone communications with you in those countries which permit
that practice. If our records about any such communication are different from yours, our records will govern.
If you choose to use unencrypted electronic mail to initiate payment requests or other instructions or otherwise communicate with us,
your use of such electronic mail with respect to a Service will be subject to the terms and conditions of this Agreement and will comply
with the applicable User Documentation. In addition, you agree to bear the risk that such electronic mail may be corrupted, modified,
garbled or hacked or its confidentiality may be breached by a third party and the risk that we will rely on such mail, which appears to be
from you but which is unauthorized, and that such reliance will result in a loss.
CONFIDENTIALITY
We acknowledge that information we obtain from you in connection with a Service we provide to you under the terms of this Agreement
may be confidential. We will maintain the confidentiality of such information in accordance with our normal procedures for safeguarding
customer information and the policy reflected in the Bank of America Corporation Code of Ethics.
You acknowledge our claim to proprietary rights in the Materials and that the Materials constitute our “trade secrets” or trade secrets of
our licensors or vendors. You understand that all Materials are confidential and you will:
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■Safeguard the Materials at all times.
■Establish and maintain procedures to assure the confidentiality of the Materials and any password or code subsequently
changed by you.
■Use the Materials only for the purposes for which we provide them.
■Notify us promptly by telephone, confirmed in writing, if any Materials are lost or their confidentiality is compromised.
You will not, nor will you allow anyone else to, do any of the following without our prior consent:
■Disclose any Materials to any person or entity, except to your employees and agents with a need to know the Materials.
■Make any copies, in whole or in part, of any Materials in whatever form or medium (electronic, printed or otherwise) in which
they may exist from time to time, except as provided in the Software License section of this Agreement.
■Translate, reverse engineer, disassemble or decompile any Software or security devices.
These confidentiality obligations continue after the Service you are using is terminated.
You have sole responsibility for the custody, control and use of all Materials. You agree that no individual will be allowed to initiate a
request or other instruction contemplated in this Agreement or to have access to any Materials without proper supervision and strict
security controls. If the Service requires use of user identification codes or passwords, we will be fully protected in relying on the
correct user identification codes and passwords, as described in the relevant User Documentation.
This section does not limit either party’s ability to disclose information (i) that the other party has approved by prior writing for
disclosure; (ii) that is disclosed to its professional advisors or auditors; (iii) that becomes public other than through a breach of these
confidentiality obligations, (iv) that was in its possession or available to it from a third party prior to its receipt of it in connection with a
Service, (v) which is obtained by it from a third party who is not known by it to be bound by a confidentiality agreement with respect to
that information, (vi) as required or requested by any securities exchange or regulatory body to which either party is subject or submits
or (vii) as otherwise required to be disclosed by law or by legal or governmental process.
In addition, you agree (i) that we may disclose to our offices, affiliates, officers, employees and agents with a need to know any
information we obtain about you and (ii) that those offices, affiliates, officers, employees and agents may disclose such information as
permitted under the immediately preceding paragraph.
You acknowledge and agree that data processing related to a Service and your associated accounts may take place in countries other
than those where you and your accounts with us are located. You further understand that information concerning your relationship with
us may be available on our electronic data system both for information management purposes and in order to enable you to benefit
from our electronic banking services. You understand and agree that, as a result, your banking relationship information may be
available to some of our officers outside the country or countries where you and your accounts are located. You authorize us to
transmit your banking relationship information across national borders, notwithstanding the banking secrecy laws of any of the countries
involved, as necessary or appropriate to provide a Service.
It is possible that in providing a Service we will transmit information we receive from you in connection with the Service consisting of an
individual's bank accounts or other financial data or identifying a living individual (“Personal Data”). We will only transmit Personal Data
to our locations, to locations of our affiliates or to others in order to provide a Service. We may contract with others to provide data
transmission or storage services to us. In that case, we will require that they treat Personal Data solely in accordance with our
instructions. You agree to comply with any directions we may give you from time to time with respect to the Personal Data.
Neither party will use the other’s name or refer to the other party directly or indirectly in any solicitation, marketing material,
advertisement, news release or other release to any publication without receiving the other party’s specific prior written approval for
each such use or release, except that we may use your name as a reference in service proposals if we obtain your prior oral approval
for such use.
This section also does not limit our ability or that of our affiliates to access and use transaction data related to a Service provided to you
in connection with the management of our or their business.
These obligations continue after the Service you are using is terminated.
LIMITATION OF LIABILITY
We are liable to you only for actual damages incurred as a direct result of our failure to exercise reasonable care in providing a Service.
In no event will we be liable for any indirect, consequential or punitive loss, damage, cost or expense of any nature or any economic
loss or damage, expense and loss of business, profits or revenue, goodwill and anticipated savings, loss of or corruption to your data,
loss of operation time or loss of contracts, even if advised of the possibility of such loss, damage, cost or expense.
We will not be responsible for the acts or omissions of you or your officers, employees or agents (including but not limited to the
amount, accuracy, timeliness or authorization of any instructions or information from you) or the acts or omissions of any other person
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1264298.05 9
or entity, including but not limited to any clearing house association or processor, any U.S. Federal Reserve Bank or any other country's
central bank, any other financial institution or any supplier, and no such person or entity will be deemed our agent.
If you permit any Subsidiary or other person to access one of our Service installations on your premises through use of a remote
access software package, we will not be responsible or liable for such Subsidiary or person’s use or misuse of our Service or access to
accounts owned by you and for which you did not authorize that Subsidiary or person to have access via your installation. We may and
will treat all instructions and information received by us through this arrangement as provided by and for the benefit of you and subject
to all our rights under this Agreement with respect to a Service.
We will not be liable for and will be excused from any failure or delay in performing our obligations for a Service if such failure or delay
is caused by circumstances beyond our control, including any natural disaster (such as earthquakes or floods), emergency conditions
(such as war, riot, fire, theft or labor dispute), legal constraint or governmental action or inaction, breakdown or failure of equipment,
breakdown of any supplier, or your act, omission, negligence or fault.
We also will not be liable for any failure to act on our part if we reasonably believed that our action would have violated any law, rule or
regulation.
PROTECTION FROM THIRD PARTIES
You will indemnify us against and hold us harmless from and defend us against any and all liabilities, claims, costs, expenses and
damages of any nature (including legal expenses) arising out of or relating to disputes or legal actions by parties other than you and us
concerning a Service. The obligations contained in the preceding sentence will continue after the Service you are using is terminated.
This section does not apply to any cost or damage attributable to our gross negligence or intentional misconduct.
RESOLUTION OF DISPUTES
Any dispute or controversy concerning your use of a Service will be decided by binding arbitration conducted in the United States of
America (except as you and we expressly agree otherwise) in accordance with the United States Arbitration Act (Title 9, U.S. Code)
under the Commercial Arbitration Rules of the American Arbitration Association. Under these procedures, the dispute is submitted to a
neutral person for determination in place of a trial before a judge or jury. Judgment upon the award made by the arbitrator may be
entered in any court having jurisdiction.
Either you or we may exercise self-help remedies or obtain provisional or ancillary remedies from a court. You or we may exercise or
obtain these remedies at any time, even while the arbitration or trial by a judge is pending. By exercising or obtaining any such
remedies, neither you nor we waive the right to request that a dispute or controversy be decided by arbitration or trial by a judge.
SEVERABILITY
If any provision of the Agreement or the application of any such provision to any person or set of circumstances is determined to be
invalid, unlawful, void or unenforceable to any extent, the remainder of the Agreement, and the application of such provision to persons
or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or
otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
WAIVER
No delay or failure to exercise any right or remedy under the Agreement shall be deemed a waiver of such right or remedy. No waiver
of a single breach or default under the Agreement shall be a waiver of any other breach or default. Any waiver under the Agreement
must be in writing.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant to us on and as of each day on which we provide a Service to you that (i) the Agreement constitutes your
duly authorized, legal, valid, binding and enforceable obligation; (ii) your performance of your obligations will not violate any law,
regulation, judgment, decree or order applicable to you or facilitate illegal transactions, for example those prohibited by the Unlawful
Internet Gambling Enforcement Act, 31 U.S.C. Section 5361 et seq.; (iii) the debiting of any account as provided in the Agreement is
not inconsistent with any restriction on the use of that account; (iv) all approvals and authorizations required to permit the execution,
delivery, performance and consummation by you of the Agreement and the transactions contemplated under the Agreement have been
obtained, including but not limited to due authorization from each applicable third party to allow you to transfer funds and access
information from such party's account; and (v) there is no lawsuit, tax claim or other dispute pending or threatened against you which, if
lost, would impair your financial condition or ability to pay us under the terms of this Agreement.
AGREEMENT
The Agreement constitutes and represents the entire agreement between you and us regarding a Service we provide to you anywhere
in the world and supersedes and extinguishes all prior agreements, understandings, representations, warranties and arrangements of
any nature (including requests for proposals and other sales material), whether oral or written, between the parties relating to a Service.
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The Agreement controls in the event of any conflict between it and any relevant User Documentation, any other document or written or
oral statement.
The Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
The Agreement is not for the benefit of any other person, and no other person shall have any right under the Agreement against you or
us. Nothing contained in the Agreement shall create any agency, fiduciary, joint venture or partnership relationship between you and
us.
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IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed as of the Effective Date,
by its duly authorized officer(s).
COMPANY FIA CARD SERVICES, N.A., a Bank of America Company
(COMPANY'S LEGAL NAME)
By:By:
(Signature)(Signature)
Name:Name:
(Print or Type)(Print or Type)
Title:Title:
(Print or Type)(Print or Type)
Address for Notices:Address for Notices:
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Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-190
WHEREAS, the City of Grand Island advertised a request for proposal for a
Credit Card Solution; and
WHEREAS, the City received and reviewed proposals from vendors; and
WHEREAS, Bank of America is the vendor recommended to provide a credit
card solution; and
WHEREAS, the proposed contract will provide a rebate as is defined in the
contract; and
WHEREAS, the proposed contract has been reviewed and approved by the City
Attorney’s office; and
WHEREAS, to approve the contract with Bank of America and any resolution or
parts of resolution in conflict herewith be, and hereby are, repealed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to approve the contract with Bank of America and the Mayor is hereby
authorized and directed to execute such documents on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, July 8, 2014
Council Session
Item I-2
#2014-191 - Consideration of Forgiving Liens on Real Property
Located at 808 West 5th Street
Staff Contact: Robert J. Sivick, City Attorney
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Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:July 8, 2014
Subject:Consideration of Forgiving Liens on Real Property
Located at 808 West Fifth Street
Item #’s:I-2
Presenter(s): Robert J. Sivick, City Attorney
Background
On June 20, 1990 the late Juanita Roman entered an agreement with the City of Grand
Island (City) to receive a fifteen thousand dollar rehabilitation loan to improve her house
located at 808 West Fifth Street in Grand Island (Property). The terms of that agreement
were the loan would have to be repaid once ownership of the Property transferred from
anyone but Ms. Roman or her sons, Robert and Francisco. A lien was placed on the
Property memorializing the City’s interest which serves to insure the lien is repaid before
anyone other than the persons stated above may acquire clear title to the Property.
Ms. Roman passed away on December 30, 2001. Pursuant to the terms of the Joint
Tenancy Warranty deed executed on March 20, 1997, Ms. Roman’s sons, Robert and
Francisco Roman became owners of the Property.
Since Ms. Roman’s death the Property has been largely vacant and its physical state has
deteriorated considerably. In March, 2014 William Ziller approached City staff to inquire
about acquiring the Property for rehabilitation.
Discussion
The main barrier to Mr. Ziller’s acquisition of the Property is the five liens totaling
$15,595.00. Before he can acquire clear title to the Property those liens must be paid to
the City. In that case it would no longer be economically feasible for Mr. Ziller to acquire
and rehabilitate the Property due to the large initial expense for clearing title.
City Legal and Finance staff reviewed the problem and the proposed solution before you
for consideration is Resolution 2014-191. Approving the Resolution will forgive the liens
against the Property. In conjunction with Resolution 2014-191 but not before the Council
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for consideration, is a Memorandum of Understanding (MOU) between William and Julie
Ziller (Prospective Buyers) and Robert and Francisco Roman (Prospective Sellers). The
MOU essentially sets forth that the Roman brothers will convey the Property to the
Zillers for One Dollar contingent upon the Grand Island City Council (Council) forgiving
the liens on the Property.
There is an element of risk in this matter as the City is not a party to the MOU and if
either party violates the terms of that document, any remedy would have to be undertaken
by the Zillers or Romans as a private civil matter. However, the City Legal and Finance
Departments and the Administration consider the risk to be acceptable. If the Council
approves Resolution 2014-191 the process of the Zillers acquiring the property may
commence and hopefully culminate in the rehabilitation of the Property which will
enhance the livability and real estate values in the neighborhood and the City as a whole.
If either party violates the terms of the MOU the Property will not be rehabilitated and
inevitably will be condemned and leveled at taxpayer expense. In either scenario the City
will not receive the monies due it pursuant to the liens. Taking the risk of forgiving the
liens makes rehabilitation possible even probable which makes such a risk acceptable
since the benefits of rehabilitation are so great.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve.
2.Move to deny.
3.Take no action.
Recommendation
The City Administration recommends the Council approve Resolution 2014-191
forgiving the liens attached to the real property commonly known as 808 West Fifth
Street, Grand Island, Hall County, Nebraska.
Sample Motion
Move to approve Resolution 2014-191 forgiving the liens attached to the real property
commonly known as 808 West Fifth Street, Grand Island, Hall County, Nebraska.
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Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-191
WHEREAS, on June 20, 1990 the City of Grand Island entered an Agreement
with the late Juanita Roman to provide her a Fifteen Thousand Dollar ($15,000.00) rehabilitation
loan to improve the real property commonly known as 808 West Fifth Street, Grand Island, Hall
County, Nebraska; and
WHEREAS, the City placed a lien on the aforementioned real property
conditioning repayment of the rehabilitation loan upon the real property being conveyed to
anyone other than Juanita Roman or her sons Robert Roman and Francisco Roman; and
WHEREAS, the City placed four additional liens on the aforementioned real
property for mowing high grass totaling Five Hundred and Ninety-Five Dollars ($595.00) as
evidenced by Ordinances 9171, 9223, and 9260; and
WHEREAS, since Juanita Roman’s death in 2001, the aforementioned real
property has deteriorated to where condemnation and leveling the structure is likely to occur
without rehabilitation; and
WHEREAS, the City has been approached by William Ziller who is interested in
acquiring and rehabilitating the aforementioned real property but is economically unable to do so
as long as the aforementioned liens are in effect; and
WHEREAS, it is in the best interests of the City to forgive the aforementioned
liens along with any accrued interest so the aforementioned real property can be acquired and
rehabilitated by William Ziller.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City forgives the aforementioned
liens along with any accrued interest on the real property commonly known as 808 West Fifth
Street, Grand Island, Hall County, Nebraska.
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
ATTEST:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 126 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item I-3
#2014-192 - Consideration of Designating No Parking on Both
Sides of Stolley Park Road, from US Highway 281 to South Locust
Street
Staff Contact: John Collins PE - Public Works Director
Grand Island Council Session - 7/8/2014 Page 127 / 131
Council Agenda Memo
From:John Collins PE, Public Works Director
Meeting:July 8, 2014
Subject:Approving Designation of No Parking on Both Sides of
Stolley Park Road, from US Highway 281 to South
Locust Street
Item #’s:I-3
Presenter(s):John Collins PE, Public Works Director
Background
Construction of Stolley Park Road was completed in two parts; (South Locust to Blaine) in 1978
and (Blaine to Hwy 281) in 1983 using funds from the Department of Roads. Stolley Park Road
was constructed as a four lane arterial route, but the road has only functioned as a two lane street.
Traffic volume is continuing to increase from 7,390 ADT in 1978 to current counts reaching
around 12,500, and substantially more during special events.
The City has received a number of complaints, including:
Vehicles using the outside parking lane to pass;
Vehicles driving on the outside parking lane as though it was a travel lane;
Vehicle/pedestrian hazards at Stolley Park Elementary and Barr Middle School;
Vehicle/pedestrian hazards along Stolley Park Road as vehicles drive along the parking
lanes;
Speeding;
Vehicles running the traffic signal at Blaine Street;
The Stolley Park driveway creates a hazard as it connects at the intersection of Stolley
Park Road and Park Drive;
Numerous rear end collisions from turning traffic.
The Department of Public Works has studied the issues and verified the complaints. Running the
signal is an enforcement issue only. The remaining issues are related to the design and current
configuration of the street. Factors of significance include:
The road was designed and constructed as a four lane arterial, and is visually
recognizable as such.
The parking lanes rarely contain parked vehicles.
Grand Island Council Session - 7/8/2014 Page 128 / 131
Barr Middle School has provided off street pickup/drop off access. Stolley Park
Elementary has limited appropriate off street pickup/drop off access and is of special
concern as very young children cross this arterial. This school access will need to be
addressed in the near future to alleviate the need for pick up along an arterial road.
Stolley Park Road is clearly an arterial route, but property development in many areas is
more appropriate to residential streets. As a result, the number of driveways makes four
lanes inadvisable for sections of the route.
On June 24, 2014 staff presented options for reconfiguring Stolley Park Road, which
requires removing parking along the roadway from US Highway 281 to South Locust
Street.
City Council action is required to designate No Parking on any public street.
Discussion
Upon discussion by the City Council and citizens at the June 24, 2014 study session the
Engineering Division of the Public Works Department recommends the designation of
No Parking on both sides of Stolley Park Road, from US Highway 281 to South Locust
Street. The No Parking restriction will make for a safer roadway by leaving it
unencumbered by parked vehicles.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution designating No
Parking on both sides of Stolley Park Road, from US Highway 281 to South Locust
Street.
Sample Motion
Move to approve the resolution.
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Approved as to Form ¤ ___________
July 3, 2014 ¤ City Attorney
R E S O L U T I O N 2014-192
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, the Public Works Department is requesting that No Parking be
instituted on both sides of Stolley Park Road, from US Highway 281 to South Locust Street; and
WHEREAS, it is recommended that such restricted parking request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that
1.A No Parking Zone is hereby designated on both sides (north and south) of
Stolley Park Road, from US Highway 281 to South Locust Street; and
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs and striping necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 8, 2014.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/8/2014 Page 130 / 131
City of Grand Island
Tuesday, July 8, 2014
Council Session
Item J-1
Approving Payment of Claims for the Period of June 25, 2014
through July 8, 2014
The Claims for the period of June 25, 2014 through July 8, 2014 for a total amount of $4,927,781.03. A
MOTION is in order.
Staff Contact: Jaye Monter, Finance Director
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