07-28-2015 City Council Regular Meeting Packet
City of Grand Island
Tuesday, July 28, 2015
Council Session Packet
City Council:
Linna Dee Donaldson
Michelle Fitzke
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Roger Steele
Mark Stelk
Mayor:
Jeremy L. Jensen
City Administrator:
Marlan Ferguson
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
Grand Island Council Session - 7/28/2015 Page 1 / 168
City of Grand Island Tuesday, July 28, 2015
Call to Order
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open
Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room
as required by state law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
Invocation - Reverend Trudy Kenyon-Anderson, First Faith United Methodist
Church, 4190 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 - 7/28/2015 Page 2 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item E-1
Public Hearing on Request from McKenney’s Pub, LLC dba,
McKinney’s Irish Pub, 123 West 3rd Street for a Class “I” Liquor
License
Council action will take place under Resolutions item I-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 3 / 168
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:July 28, 2015
Subject:Public Hearing on Request from McKenney’s Pub, LLC
dba McKinney’s Irish Pub, 123 West 3rd Street for a
Class “I” Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
McKenney’s Pub, LLC dba McKinney’s Irish Pub, 123 West 3rd Street has submitted an
application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale
of alcohol on sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Grand Island Council Session - 7/28/2015 Page 4 / 168
Also submitted with the application was a request from Joel Schossow, 5970 Gunnison
Court, Lincoln, NE for a Liquor Manager Designation.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for McKenney’s Pub, LLC dba McKinney’s Irish Pub,
123 West 3rd Street for a Class “I” Liquor License contingent upon final inspections and
Manager Designation for Joel Schossow, 5970 Gunnison Court, Lincoln, NE contingent
upon completion of a state approved alcohol server/seller training program.
Grand Island Council Session - 7/28/2015 Page 5 / 168
07/20/15 Grand Island Police Department 450
15:16 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 14:30:00 06/26/2015
Date disposition declared : 06/29/2015
Incident number : L15062501
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 123 3rd St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 11223
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = == = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
------------------------------------------------------------------------
NM 202199 07/15/15 Schossow, Joel W Owner/Manager
NM 202200 07/15/15 Schossow, Heather R Joel's Spouse
NM 202208 07/15/15 McKinney's Irish Pub, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 LT03 Bar/Night Club
IMAGE CODES FOR INCIDENT:
Seq Imag Image code for a users description field
--- ---- ---------------- ------------------------------
1 DOC DOCUMENT mobile report
Grand Island Council Session - 7/28/2015 Page 6 / 168
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Grand Island Police Department
McKenney's Irish Pub is applying for a Class I (beer, wine, distilled
spirits, on sale only) LLC Retail Liquor License, and Joel Schossow is
applying to be the liquor manager.
Grand Island Police Department
Supplemental Report
Date, Time: Wed Jul 15 09:15:17 CDT 2015
Reporting Officer: Vitera
Unit- CID
Joel Schossow is applying for a Class I (beer, wine, distilled spirits, on
sale only) LLC Retail Liquor License for McKinney's Irish Pub located at
123 W. 3rd Street. He is also applying to be the liquor manager. While
perusing the application, I found that Joel disclosed a driving during
suspension charge from 1994, and he attached a sheet with traffic
violations which included five convictions for speeding, a seatbelt
violation, and a negligent driving conviction. Joel is not borrowing any
money to establish and/or operate the business, and he has a McKinney's
Irish Pub in Lincoln along with a couple of banquet halls. He has lived in
Lincoln since at least 2005 and is married to Heather Schossow. Heather
signed a Spousal Affidavit of Non-Participation form.
Due to the number of liquor license investigations I have had to
investigate recently, I didn't have a chance to review Joel's application
and do a background investigation prior to meeting with him on 7/13/15.
Nebraska State Patrol Investigator Dan Fiala and I met with Joel at the
proposed location at 0900. Joel said he plans on being open seven days a
week and serving lunch and dinner. He said he's not currently planning on
any entertainment because the building isn't big enough. At least in the
early stages of the business, Joel guessed he will be at the pub five or
six days a week even though he will continue to live in Lincoln. When
asked why he chose to open a business in Grand Island, Joel said he grew
up in Grand Island and graduated from Northwest High School. When asked
about the name of the business, Joel said it comes from his wife's side of
the family. At the end of the meeting, I gave Joel a business card and
told him I would be in touch if I had any concerns.
Back at the office, I checked Joel and Heather through Spillman and NCJIS.
Neither one of them had an entry in Spillman. I didn't find any
undisclosed convictions for Joel in NCJIS, and Heather only had one
undisclosed speeding conviction.
I checked Joel and Heather through a paid law enforcement-only database.
Joel shows a couple of state tax liens in Kansas which were each paid with
the exception of $41.50 in court costs. The person I spoke with in Kansas
said that they had some issues with the notification process on their end,
Grand Island Council Session - 7/28/2015 Page 7 / 168
and they didn't expect Joel to know that he still owes some court costs.
Joel also has a state tax lien in Nebraska. According to an individual I
spoke with at the Nebraska Department of Revenue, Joel owes the State
$26,274 for failing to pay sales and lodging taxes from his hotel that
went bankrupt.
I called Joel on 7/16/15 and told him about the court costs. I provided
him with a telephone number to help him clear this matter up. I also asked
Joel about the Nebraska tax lien. Joel confirmed that issue was from the
bankrupt hotel and said he had negotiated a settlement with the case
officer from the Nebraska Department of Revenue. I was able to confirm
that the name of the case officer that Joel provided does indeed work for
the Nebraska Department of Revenue. I called him and am waiting for return
call. Joel also had a civil suit against him in 2010 and 2014. The suit in
2010 was cleared by the bankruptcy. The suit in 2014 shows active,
however, Joel said that it has been taken care of. It was an automobile
accident where he was not at fault. Heather had a judgment against her in
2010 which has been satisfied.
Joel and Heather don't have any outstanding arrest warrants, and they each
have a valid Nebraska driver's license. I did a general Internet search
and found that Heather has a couple of social media accounts with numerous
photographs of what appear to be family and friends. I didn't find
anything on Joel or Heather that would be damaging to the application.
Later in the day on 7/16/15, I heard back from the case officer with the
Nebraska Department of Revenue. He advised that he has been trying to
reach an agreement with Joel for about four years. He said there is no
settlement in place. He went on to say that if Joel gets a liquor license
for McKinney's Irish Pub in Grand Island, the Nebraska Department of
Revenue has the ability to not issue him a sales tax permit which would
basically nullify the liquor license and shut the business down.
I called Joel back on 7/17/15 and told him what the revenue agent had told
me. Joel said that he initially had offered to pay his share at a reduced
rate. When that wasn't acceptable to the revenue agent, he offered to pay
$1,000 per month until his half of the debt is paid off. Joel had a
business partner in the hotel business who is responsible for paying the
other half. According to Joel, as far as he's concerned, the ball is in
the State's court.
I spoke to the revenue agent again on 7/20/15 and was told that he and
Joel have been playing phone tag. They still don't have an agreement in
place. The agent said he would keep me informed but didn't expect to have
an agreement in place prior to my deadline for this report.
In conclusion, other than Joel's debt issue with the State of Nebraska,
the rest of his application appears to be in order. If the council doesn't
consider Joel's current financial issue with the State of Nebraska reason
to deny the liquor license, the Grand Island Police Department has no
objection to McKinney's Irish Pub receiving a liquor license or to Joel
Schossow being the liquor manager.
Grand Island Council Session - 7/28/2015 Page 8 / 168
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Liquor Application123 W 3rd StreetMcKinney's Irish PubClass "I"
Legend StreetCenterlineLiquor License Locations123 W 3rd St
Grand Island Council Session - 7/28/2015 Page 9 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item E-2
Public Hearing on Request from Shopko Stores Operating Co.,
LLC dba, Shopko #38, 2208 North Webb Road for a Class “B”
Liquor License
Council action will take place under Resolutions item I-2.
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 10 / 168
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:July 28, 2015
Subject:Public Hearing on Request from Shopko Stores
Operating Co., LLC dba Shopko #38, 2208 North Webb
Road for a Class “B” Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A)To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B)To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C)To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Shopko Stores Operating Co., LLC dba Shopko #38, 2208 North Webb Road has
submitted an application for a Class “B” Liquor License. A Class “B” Liquor License
allows for the sale of beer off sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Grand Island Council Session - 7/28/2015 Page 11 / 168
Also submitted with the application was a request from James Larson, 17212 U Street,
Omaha, NE for a Liquor Manager Designation. Mr. Larson has completed a state
approved alcohol server/seller training program.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Shopko Stores Operating Co., LLC dba Shopko #38,
2208 North Webb Road for a Class “B” Liquor License contingent upon final inspections
and Liquor Manager Designation for James Larson, 17212 U Street, Omaha, NE.
Grand Island Council Session - 7/28/2015 Page 12 / 168
07/21/15 Grand Island Police Department 450
15:25 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 14:25:00 06/26/2015
Date disposition declared : 06/29/2015
Incident number : L15062499
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 2208 Webb Rd N
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 4605
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 202335 07/21/15 McMahon, Peter K CEO
NM 202336 07/21/15 Steinhorst, Russell L SVP/CFO
NM 202337 07/21/15 Vandenhouten, Peter G SVP/Secretary
NM 202338 07/21/15 Gibson, Gary L VP/Treasurer
NM 202339 07/21/15 Larson, James Manager
NM 202340 07/21/15 Larson, Mary Jo A James' Wife
NM 13956 06/26/15 Shopko, Busines
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT08 LT08 Deptmnt/Discount Store
IMAGE CODES FOR INCIDENT:
Seq Imag Image code for a users description field
--- ---- ---------------- ------------------------------
1 DOC DOCUMENT mobile report
Grand Island Council Session - 7/28/2015 Page 13 / 168
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Grand Island Police Department
Shopko is applying for a Class B (beer, off sale only) LLC retail liquor
license, and James Larson is applying to be the liquor manager.
ap
~~---------------------------------------- (lwmain14244906262015)~~
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 13:16:06 07/21/2015
Grand Island Police Department
Supplemental Report
Date, Time: Tue Jul 21 13:16:18 CDT 2015
Reporting Officer: Vitera
Unit- CID
Shopko is applying for a Class B (beer off sale only) liquor license, and
James Larson is applying to be the liquor manager. The Grand Island
Shopko hasn't sold alcohol as long as I can remember. This is a new
application. Peter K. McMahon (CEO), Russell L. Steinhorst (SVP/CFO),
Peter G. Vandenhouten , and Gary Gibson (VP- Treasurer) are listed as the
applicants. If married, their spouses each signed an Affidavit of Non-
Participation form.
With the exception of the manager and his wife, all of the applicants
live in Wisconsin. None of them were in Spillman or NCJIS. I am unable to
run national criminal history checks on liquor license applications. From
the information I received, it appears that Shopko has 144 liquor
Grand Island Council Session - 7/28/2015 Page 14 / 168
licenses in thirteen states including Nebraska. Since Shopko has numerous
liquor licenses already, I can't imagine that the criminal history
reports generated from the applicants' fingerprints would contain any
information that would preclude Shopko in Grand Island from receiving a
liquor license. If there is an issue, it should be caught at the State
level.
James Larson (Liquor Manager) and his wife (Mary Jo Larson) have lived in
Omaha since at least 1998. Neither one of them were in Spillman. They are
both in NCJIS. James didn't disclose any convictions on his application.
He has a couple of traffic convictions. Mary Jo doesn't have any
convictions in Nebraska.
I checked Shopko through the NLCC's web site and found that James Larson
is listed as the liquor manager for seventeen Shopko stores in Nebraska.
According to Nebraska State Statute 53-103.18, "Manager means a person
appointed by a corporation or limited liability company to oversee the
daily operation of the business licensed in Nebraska. A manager shall
meet all the requirements of the Nebraska Liquor Control Act as though he
or she were the applicant, including residency and citizenship."
Question three on the Manager Application asks the applicant if he
"...intend(s) to supervise, in person, the management of the business?"
James checked the "Yes" box. Between the state statute definition of a
manager saying he needs to "oversee the DAILY operation" of the business
and the applicant saying he's going to do it in person, I believe it's
impossible for James to be a liquor manager at seventeen Shopko stores.
However, I've been told that having one liquor manager for larger
companies and corporations with numerous stores is kind of the trend now,
and there doesn't seem to be any opposition from the NLCC.
As long as all the applicants' national criminal history checks through
their fingerprint submissions comes back okay, and there are no liquor-
related problems or only minor problems at Shopko in Grand Island, the
Grand Island Police Department has no objection to Shopko getting a Class
B Liquor License or to James Larson being the liquor manager.
Grand Island Council Session - 7/28/2015 Page 15 / 168
COLLEGE ST COLLEGE ST16TH ST W
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Liquor Application2208 N Webb RdShopko #38Class "B"
Legend StreetCenterlineLiquor License Locations2208 N Webb Rd. 1500' Radius
Grand Island Council Session - 7/28/2015 Page 16 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item E-3
Public Hearing on Acquisition of Utility Easement - 168 E. Capital
Avenue - Leetch & Stryker
Council action will take place under Consent Agenda item G-8.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 7/28/2015 Page 17 / 168
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:July 28, 2015
Subject:Acquisition of Utility Easement – 168 East Capital
Avenue – Leetch and Stryker
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 Joel A. Leetch and Janet Stryker, located through a part of the Northwest Quarter of
the Northeast Quarter (NW ¼, NE ¼) Section Seven (7), Township Eleven (11) North,
Range Eight (8), West of the 6th P.M., Merrick County, Nebraska (168 East Capital
Avenue), in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers.
Discussion
The Grand Island Electric Service Area extends into Merrick County. The owners of the
above referenced property are in the process of constructing a new residence and out-
building for their commercial business. In order to serve their property, the Utilities
Department needs to acquire an easement for operation, maintenance, and access of
primary underground power lines, a pad-mount transformer, and related electrical
appurtenances.
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
Grand Island Council Session - 7/28/2015 Page 18 / 168
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.
Grand Island Council Session - 7/28/2015 Page 19 / 168
Grand Island Council Session - 7/28/2015 Page 20 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item E-4
Public Hearing on Declaration of Intent to Use the Remainder of
Clean Water State Revolving Fund (CWSRF) Loan Proceeds for
Sanitary Sewer Collection System Improvements
Council action will take place under Resolutions item I-6.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 21 / 168
Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:July 28, 2015
Subject:Declaration of Intent to Use the Remainder of Clean
Water State Revolving Fund (CWSRF) Loan Proceeds
for Sanitary Sewer Collection System Improvements
Presenter(s):Marvin Strong P.E., Wastewater Plant Engineer
Anna White, Black & Veatch
Background
Public Works staff has updated a Six (6) Year Wastewater Capital Improvement Plan for
the City of Grand Island based on the following:
The comprehensive plan in CH2M Hill’s “Wastewater Collection and Treatment
Systems Comprehensive Plan Update”
Black and Veatch’s “Wastewater Treatment Plant and Collection System
Improvements – Draft Technical Memorandum #2 Hydraulic Model Validation
and Analysis”
Wastewater Projects intended to accommodate growth
Examples of current Wastewater Projects and those included in the updated 6 Year
Wastewater Capital Improvement Plan are:
Plant – Headworks
Airport Interlocal Agreement
Sanitary Sewer Collection System Rehabilitation
o North Interceptor Phase II
Abandon lift stations 2,8,10,13,15, and 19
o Abandon lift station(s) #4 and #14
o Lift Station #20 Forcemain rehabilitation
Growth
o Wildwood Industrial Subdivision (District 528)
o 281 Sanitary Sewer Improvements (District 530T)
o Sanitary Improvement District (SID#2) at I-80
o Husker Highway
o Westwood Park Residential Subdivision
Grand Island Council Session - 7/28/2015 Page 22 / 168
Public Works representatives met with Nebraska Department of Environmental Quality
(NDEQ) representatives in December 2013 and explored the possibility of obtaining a
loan from the Clean Water State Revolving Loan Fund Program (CWSRF) administered
by the NDEQ in lieu of Revenue Bonds to pay for the remaining wastewater projects.
The NDEQ subsequently approved up to $40,000,000 in CWSRF funds at 2 ¼% -2 1/2%
interest rate for distribution over multiple years. Projects classified as “Green” receive a
¼% lower interest rate.
Discussion
After tonight’s public hearing and NDEQ’s 30 day comment period, it is expected that an
ordinance will be presented to the City Council on September 8, 2015 to give formal
approval to including Westwood Park Residential Subdivision and Lift Station #20
Forcemain rehabilitation in the remainder of the SRF Loan. With the above mentioned
interest rates this will be within the constraints of the rate study approved last year.
Of the approved loan contracts, in the amount of $35,000,000, the City has received a
total of $7,110,083 in reimbursements thus far.
To date the City currently has received $34,021,034 in bond proceeds, and has expended
$31,025,444.88 (including interest).
Alternatives
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 adopt the resolution to include
Westwood Park Residential Subdivision and Lift Station #20 Forcemain rehabilitation in
the remainder of the Clean Water State Revolving Loan Fund Program administered by
the Nebraska Department of Environmental Quality.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 7/28/2015 Page 23 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item E-5
Public Hearing on Acquisition of Public Utility Easements- South
of Capital Avenue, East of North Road, North of Sterling Estates
Fourth Subdivision (Niedfelt Property Management Preferred,
LLC)
Council action will take place under Consent Agenda item G-11.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 24 / 168
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:July 28, 2015
Subject:Public Hearing on Acquisition of Public Utility
Easements- South of Capital Avenue, East of North
Road, North of Sterling Estates Fourth Subdivision
(Niedfelt Property Management Preferred, LLC)
Presenter(s):John Collins PE, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council. Additional public
utility easements are needed within the Sterling Estates Subdivision area. These
easements will allow for the construction, operation, maintenance, extension, repair,
replacement, and removal of public utilities within the easements.
Discussion
To allow for further development of the Sterling Estates Subdivision area the developer
has requested easements, in addition to those originally dedicated. Three (3) of the six (6)
requested easements are on property owned by the City of Grand Island. The new
easements are detailed on the attached exhibits.
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 - 7/28/2015 Page 25 / 168
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the utility easements.
Sample Motion
Move to approve the acquisition of the utility easements.
Grand Island Council Session - 7/28/2015 Page 26 / 168
Grand IslandCouncil Session - 7/28/2015Page 27 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION AR
Grand Island Council Session - 7/28/2015 Page 28 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION BR
Grand Island Council Session - 7/28/2015 Page 29 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION CR
Grand Island Council Session - 7/28/2015 Page 30 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION DR
Grand Island Council Session - 7/28/2015 Page 31 / 168
2014-1966PROJECT NO:
DRAWN BY:
03/02/2015DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION ER
Grand Island Council Session - 7/28/2015 Page 32 / 168
2014-1966PROJECT NO:
DRAWN BY:
03/02/15DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION GR
Grand Island Council Session - 7/28/2015 Page 33 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item F-1
#9544 – Consideration of Annexation of Property being Platted as
Stauffer Subdivision located at the Northwest Corner of Wildwood
Drive and U.S. Highway 281 (Third Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 7/28/2015 Page 34 / 168
Council Agenda Memo
From:Regional Planning Commission
Meeting:July 28, 2015
Subject:An Ordinance to include Stauffer Subdivision as an
Addition to the City of Grand Island, Nebraska and the
Adjoining Right-of -Way
Presenter(s):Chad Nabity, AICP Regional Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that any and all property subdivided adjacent to the Corporate Limit of the City of
Grand Island be annexed into the City at the time of subdivision approval.
The Mitchell H. Stauffer Revocable Trust as the owners of the property, submitted
Stuaffer Subdivision as an Addition to the City of Grand Island. The Hall County
Regional Planning Commission recommended approval of the subdivision at their
meeting on June 10, 2015.
The Grand Island City Council considered and approved Ordinance #9544 on first
reading at their meeting on June 23, 2015. The same ordinance was approved on July
14th on second reading.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117. Annexation ordinances must be read on three separate occasions. This is
the first reading of the ordinance. This ordinance includes exhibits showing the property
to be considered for annexation and the legal descriptions of that property.
Annexation of this property will not result in the extension of the Grand Island Zoning
Jurisdiction.
No new residences or businesses will be added to the City as a result of this annexation.
The existing business on the site was annexed by the City in 2002. This is an extension of
the annexation to include all of the property in Stauffer Subdivision.
Grand Island Council Session - 7/28/2015 Page 35 / 168
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 pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on third and final reading.
Grand Island Council Session - 7/28/2015 Page 36 / 168
Grand Island Council Session - 7/28/2015 Page 37 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
ORDINANCE NO. 9544
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Stauffer
Subdivision and the adjoining Right-of-Way for Wildwood Road in Hall County, Nebraska as
more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide
service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict
herewith; to provide for publication in pamphlet form; and to provide the effective date of this
ordinance.
WHEREAS, Mitchell H. Stauffer Revocable Trust, as owner of the property submitted a
plat of Stauffer Subdivision an Addition to the City of Grand Island for approval; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island requires that owners of property proposed for subdivision
adjacent to the Corporate Limits submit such subdivisions as additions to the City; and
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 7/28/2015 Page 38 / 168
ORDINANCE NO. 9544 (Cont.)
- 2 -
WHEREAS, a portion of this property was annexed by Grand Island City Council
in 2002 and this annexation conforms to the new property lines created as a result of this
subdivision; and
WHEREAS, on June 23, 2015 the City Council of the City of Grand Island
considered such additional annexation on first reading: The same ordinance was approved on
July 14, 2015 on second reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
Grand Island Council Session - 7/28/2015 Page 39 / 168
ORDINANCE NO. 9544 (Cont.)
- 3 -
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Grand Island Council Session - 7/28/2015 Page 40 / 168
ORDINANCE NO. 9544 (Cont.)
- 4 -
Enacted: July 28, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 41 / 168
ORDINANCE NO. 9544 (Cont.)
- 5 -
Grand Island Council Session - 7/28/2015 Page 42 / 168
ORDINANCE NO. 9544 (Cont.)
- 6 -
Exhibit “A”
A tract of land comprising a part of the East Half of the Southeast Quarter
(E1/2SE1/4), of Section One (1), Township Ten (10) North, Range Ten (10) West
of the 6th. P.M., in Hall County, Nebraska, more particularly described as follows:
Beginning at the southeast corner of said East Half of the Southeast Quarter
(E1/2SE1/4); thence running westerly on the south line of said East Half of the
Southeast Quarter (E1/2SE1/4), on an Assumed Bearing of S8753’32”W, a
distance of Two Hundred Seventeen and Twenty Eight Hundredths (217.28) feet,
to a point on the westerly right of way line of U.S. Highway No. 281 and to the
ACTUAL Point of Beginning; thence continuing S8753’32”W, on the south line of
said East Half of the Southeast Quarter (E1/2SE1/4), a distance of Six Hundred
Eighty Five and Ninety Eight Hundredths (685.98) feet; thence running
N0056’57”E, a distance of Three Hundred Sixty and Six Hundredths (360.06)
feet; thence running N8753’32”E, a distance of Six Hundred Eighty Five and
Ninety Seven Hundredths (685.97) feet, to a point on the westerly right of way line
of U.S. Highway No. 281: thence running S0056’54”W, on the westerly right of
way line of U.S. Highway No. 281, a distance of Three Hundred Sixty and Six
Hundredths (360.06) feet, to the ACTUAL Point of Beginning and containing 5.662
acres more or less.
Grand Island Council Session - 7/28/2015 Page 43 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-1
Approving Minutes of July 13, 2015 City Council Joint Health
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 44 / 168
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF JOINT HEALTH SPECIAL MEETING
July 13, 2015
Pursuant to due call and notice thereof, a Special Joint Meeting of the City Council of the City of
Grand Island, Nebraska, the Hall County Board of Supervisors, the Hamilton County Board of
Commissioners, the Merrick County Board of Commissioners, and the Central District Health
Department was conducted at the Grand Island Public Library, 211 North Washington Street,
Grand Island, Nebraska on July 13, 2015. Notice of the meeting was given in the Grand Island
Independent on July 7, 2015.
Central District Health Department (CDHD) Board President Mike Bowman called the meeting
to order at 6:00 p.m. The following Health Board members were present: Jane Richardson (Hall
Co. Supervisor), Mike Bowman and Roger Wiegert (Merrick Co. Supervisor), Jeremy Jones
(Grand Island City Council), Shelly Graham (Hamilton Co. Commissioner) and Steve Kunzman.
The following Hall County Supervisors were present: Gary Quandt, Pam Lancaster, Daniel
Purdy, Stephen Schuppan, and Hall County Clerk Marla Conley. The following Grand Island
City Councilmembers were present: Linna Dee Donaldson, Mitch Nickerson, Chuck Haase,
Mark Stelk, and City Clerk RaNae Edwards. Health Department employees: Teresa Anderson,
Ryan King, Jeremy Collinson, Cindy Valdez, Trevor Stryker, Jordan Leasure, Jonna Mangeit,
and Amy Houser.
Year in Review. Central District Health Department (CDHD) Executive Director Teresa
Anderson welcomed those attending and gave an overview of the CDHD. Mentioned were grants
the CDHD had received this year. VetSET Coordinators Trevor Stryker and Jordan Leasure
explained the VetSET grant for veterans. Outreach and number of veterans participating in the
program were discussed. Mr. Stryker and Mr. Leasure covered 13 counties in Nebraska.
Assistant Health Director Ryan King explained the 1422 Grant. This grant was based on chronic
disease and had two parts geared toward environmental and working with clinics. CDHD was
one of six health departments to receive this four year grant.
Education Educator Amy Houser talked about nutrition relating to vending machines. Hall
County, the City of Grand Island, and CHI Health (St. Francis) were included in this study. Two
areas of physical activity included trails and exercise at work. Mentioned was walkability in the
community.
Health Nurse Jonna Mangeit commented on the 1422 Grant relating to electronic medical
records. Working with pharmacies and diabetics for lower income people were a part of this
grant. This first year was a planning year of the four year grant. CDHD would branch out to
Hamilton and Merrick counties.
Environmental Health Supervisor Jeremy Collinson commented on mosquitos and the higher
numbers found this year than last year. Spraying had taken place and would continue due to the
Grand Island Council Session - 7/28/2015 Page 45 / 168
Page 2, City Council Special Meeting, July 13, 2015
number of mosquitos. The first West Nile case in Nebraska this year had been recorded in Grand
Island.
Fiscal Overview. Teresa Anderson gave an overview of the 2015-2016 budget which was
approved by the Health Board. Revenue sources were presented with the City/County portion at
8% of total revenue. Expenses were reviewed with the majority of the expenses going toward the
1422, CHAMP, H3C, and TriDistrict VetSET grants.
Ms. Anderson stated they were starting down the path for accreditation. She also stated they
were working a lot with refugees.
ADJOURNMENT: The meeting was adjourned at 6:50 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/28/2015 Page 46 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-2
Approving Minutes of July 14, 2015 City Council Regular Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 47 / 168
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 14, 2015
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 July 14, 2015. Notice of the meeting was given in The Grand Island Independent on
July 8, 2015.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council
members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke,
Linna Dee Donaldson, Roger Steele, and Mike Paulick. Councilmembers Michelle Fitzke and
Vaughn Minton were absent. The following City Officials were present: City Administrator
Marlan Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, City
Attorney Robert Sivick, and Public Works Director John Collins.
INVOCATION was given by Pastor Keegan Crosby, Berean Bible Church, 4116 West Capital
Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Jensen introduced Community Youth Council member Adan Redwine and board member
Randy See.
PUBLIC HEARINGS:
Public Hearing on Request from GNS Corporation dba Git ‘N Split, 3320 Langenheder Street for
Class “D” Liquor License. City Clerk RaNae Edwards reported that an application for a Class
“D” Liquor License had been received from GNS Corporation dba Git ‘N Split, 3320
Langenheder Street. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on June 15, 2015; notice
to the general public of date, time, and place of hearing published on July 4, 2015; notice to the
applicant of date, time, and place of hearing mailed on June 15, 2015; along with Chapter 4 of
the City Code. Staff recommended approval contingent upon final inspections. No public
testimony was heard.
Public Hearing on Request from YZ GYZ, LLC dba The Filling Station, 217 E. Stolley Park
Road, Suite N for Class “C” Liquor License. City Clerk RaNae Edwards reported that an
application for a Class “C” Liquor License had been received from YZ GYZ, LLC dba The
Filling Station, 217 E. Stolley Park Road, Suite N. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City
on June 14, 2015; notice to the general public of date, time, and place of hearing published on
July 4, 2015; notice to the applicant of date, time, and place of hearing mailed on June 24, 2015;
along with Chapter 4 of the City Code. Staff recommended denial based on the Police
Department report and not qualifying under Nebraska State Statute 53-124 and 53-132. Ralph
Bradley, 132 Ponderosa, attorney for the applicant spoke in support. No further public testimony
was heard.
Grand Island Council Session - 7/28/2015 Page 48 / 168
Page 2, City Council Regular Meeting, July 14, 2015
Public Hearing on Request from Blender, LLC – Rick Johnson on behalf of Zella, LLC – Farhan
Khan for a Conditional Use Permit for a Senior Living Facility located South of the Intersection
of State Street and Ebony Lane. Building Department Director Craig Lewis reported that
Blender, LLC – Rick Johnson has submitted an application for a Conditional Use Permit for the
construction of a senior living center at 1920 Sagewood Avenue with the expectation that upon
approval Zella LLC would become the owners and construction the facility. Proposed is to
construct a 93 unit two story senior living center with the potential for an additional 70 units in
the future. Staff recommended approval. Ron Grabowski, 1621 Summerfield Avenue spoke of
concerns regarding drainage. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 3041 N. Shady Bend Road – Asche.
Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3041
N. Shady Bend Road was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The easement would be used for a new
primary underground electric cable, pad-mount transformer, and related appurtenances to serve a
new residential acreage at this location. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement - 5976 & 5700 S. Locust - Lilienthal. Utilities
Director Tim Luchsinger reported that acquisition of a utility easement located at 5976 and 5700
South Locust Street was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. The easement would be for primary
underground power lines to serve the residence at 5976 South Locust Street, and livestock
facilities at 5700 South Locust Street. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement - South of Capital Avenue, West of Hwy.
281, North of Sterling Estates 3rd Subdivision - Niedfelt Property Management. Utilities
Director Tim Luchsinger reported that acquisition of a utility easement located south of Capital
Avenue, west of Hwy. 281, and north of Sterling Estates 3rd Subdivision was needed in order to
have access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers. The easement would be used for a primary underground power line to feed a new
Verizon Cell Tower. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 218 & 222 S. Plum Street - Burtle Heating
& Air Conditioning, Inc. Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 218 & 222 S. Plum Street was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
easement would be used for extension of utility lines between the Sterling Estates 4th Subdivision
and the Sterling Estates 6th Subdivision developments. The area would allow for installation of
water mains, sanitary sewer lines, and drainage infrastructure. Staff recommended approval. No
public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 4160 Old Potash Highway - Hall County
School District #2. Utilities Director Tim Luchsinger reported that acquisition of a utility
Grand Island Council Session - 7/28/2015 Page 49 / 168
Page 3, City Council Regular Meeting, July 14, 2015
easement located at 4160 Old Potash Highway was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
easement would be used for new electrical gear and high voltage power lines to Shoemaker
Elementary School. The proposed easement would provide the Utilities Department with rights
for operation, maintenance, and access for primary underground power lines, a pad-mount
transformer, and related appurtenances. Staff recommended approval. No public testimony was
heard.
Public Hearing on Contract Amendment for Community Development Block Grant 12-DTR-
104. Community Development Specialist Charley Falmlen reported that staff would like to move
$60,000 from Storm Sewers and $7,000 from Code Enforcement to Public Facilities, and $7,200
from Architectural Barriers to Public Facilities where it could be used to support the continued
progress of Kaufmann Cummings Plaza. Matching funds would remain the same for each source.
Also requested was to move $8,000 from Commercial Rehabilitation to Public Facilities which
was unused from The Chocolate Bar grant. Staff recommended approval. No public testimony
was heard.
ORDINANCES:
#9544 - Consideration of Annexation of Property being Platted as Stauffer Subdivision
located at the Northwest Corner of Wildwood Drive and U.S. Highway 281 (Second
Reading)
Regional Planning Director Chad Nabity reported that all property subdivided adjacent to the
Corporate Limits of the City of Grand Island shall be annexed into the City at the time of the
subdivision approval. The Mitchell H. Stauffer Revocable Trust, as owners of the property,
submitted Stauffer Subdivision as an addition to the City. Annexation ordinances must be read at
three separate meetings. This is the second of three readings.
Motion by Paulick, second by Steele to approve Ordinance #9544 on second reading. Upon roll
call vote, all voted aye. Motion adopted.
Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinances numbered:
#9545 - Consideration of Vacation of a Utility Easement Located in Luzenac Third
Subdivision (Central Nebraska Transload, LLC)
#9546 - Consideration of Creation of Street Improvement District No. 1262; Sterling
Estates 4th Subdivision - Ebony Lane
#9547 – Consideration of Amending Chapter 20 of the Grand Island City Code Relative
to E-Cigarettes
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Grand Island Council Session - 7/28/2015 Page 50 / 168
Page 4, City Council Regular Meeting, July 14, 2015
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9545 - Consideration of Vacation of a Utility Easement Located in Luzenac Third
Subdivision (Central Nebraska Transload, LLC)
Public Works Director John Collins reported that Central Nebraska Transload, LLC, requested to
vacate a dedicated easement within Lot Two (2) of Luzenac Third Subdivision. There were no
utilities currently within this easement that would be affected by this vacation. Staff
recommended approval.
Motion by Donaldson, second by Hehnke to approve Ordinance #9545.
City Clerk: Ordinance #9545 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9545 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9545 is declared to be lawfully adopted upon publication as required by law.
#9546 - Consideration of Creation of Street Improvement District No. 1262; Sterling
Estates 4th Subdivision - Ebony Lane
Public Works Director John Collins reported that the City and Developer have been in contact
regarding this street improvement district since last year, therefore expenses were planned in the
2014/2015 Capital Improvement Program budget. Several adjustments had been made to this
subdivision plat, which had delayed this paving district and required the budgeted funds to be
moved to FY 2015/2016. This public/private partnership would allow for development of the
area, which consisted of a City park with parking, as well as meeting the developer needs. This
project was currently estimated at $250,000.00 and would be assessed to the subdivision
developer.
Motion by Haase, second by Jones to approve Ordinance #9546.
City Clerk: Ordinance #9546 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9546 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9546 is declared to be lawfully adopted upon publication as required by law.
Grand Island Council Session - 7/28/2015 Page 51 / 168
Page 5, City Council Regular Meeting, July 14, 2015
#9547 – Consideration of Amending Chapter 20 of the Grand Island City Code Relative
to E-Cigarettes
Assistant City Attorney Stacy Nonhof reported that in order to try to protect the health of the
youth of Grand Island, an Ordinance banning all vapor products for anyone under the age of 18
was needed. Banning all vapor products for people under the age of 18 would make enforcement
of City Ordinance consistent.
Motion by Hehnke, second by Stelk to approve Ordinance #9547.
City Clerk: Ordinance #9547 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9547 on second and final reading. All those in favor of the passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Jensen: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9547 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda items G-9 (Resolution #2015-173) and G-10
(Resolution #2015-174) were pulled from the agenda at the request of the Public Works
Department. Consent Agenda items G-12 (Resolution #2015-176) and G-14 (Resolution #2015-
178) were pulled for further discussion. Motion by Stelk, second by Hehnke to approve the
Consent Agenda excluding items G-9, G-10, G-14 and G-14. Upon roll call vote, all voted aye.
Motion adopted.
Approving Minutes of June 23, 2015 City Council Regular Meeting.
#2015-166 - Approving Acquisition of Utility Easement - 3041 N. Shady Bend Road – Asche.
#2015-167 - Approving Acquisition of Utility Easement - 5976 & 5700 S. Locust Street –
Lilienthal.
#2015-168 - Approving Acquisition of Utility Easement - South of Capital Avenue, West of
Hwy. 281, North of Sterling Estates 3rd Subdivision - Niedfelt Property Management.
#2015-169 - Approving Acquisition of Utility Easement - 4160 Old Potash Highway - Hall
County School District #2.
#2015-170 - Approving Purchase of Bucket Truck (replacement) for the Line Division (Unit
1551) of the Utilities Department from National Joint Powers Alliance Buying Group (NJPA) in
an Amount of $183,262.00.
#2015-171 - Approving Interlocal Agreement with Hall County for Ambulance Service.
Grand Island Council Session - 7/28/2015 Page 52 / 168
Page 6, City Council Regular Meeting, July 14, 2015
#2015-172 - Approving Police Department Three Year Victims Of Crime Act Grant Application.
#2015-173 - Approving Time Extension for South Blaine Street Bridge Replacements; Project
No. 2014-B-1. This item was pulled from the agenda at the request of the Public Works
Department.
#2015-174 - Approving Compensation Increase for Relocation of Fence and Sidewalk at the
Nebraska Veterans Home Anderson Building for the North Interceptor Phase II Sanitary Sewer
Project. This item was pulled from the agenda at the request of the Public Works Department.
#2015-175 - Approving Agreement with NDOR for the Grand Island Area Metropolitan
Planning Organization (GIAMPO) for the 2016 Fiscal Year Transportation Planning Program.
#2015-176 - Approving Interlocal Cooperative Agreement with Hall County for Use of County
Roads to Reroute Commercial Truck Traffic to Airport Road. Councilmember Paulick thanked
those that worked on getting this accomplished in such a short time.
Motion by Paulick, second by Hehnke to approve Resolution #2015-176. Upon roll call vote, all
voted aye. Motion adopted.
#2015-177 - Approving Request from the Multicultural Coalition of Grand Island for Permission
to Use City Streets and State Highway for the Third Annual Multicultural Day of the Dead
Festival.
#2015-178 - Approving Award of Proposal for Asset Management Implementation Assistance
for the Grand Island Wastewater Division with Black & Veatch Corporation of Kansas City, MO
in an Amount not-to-exceed $367,700.00. Public Works Director John Collins and Wastewater
Treatment Plant (WWTP) Superintendent Marvin Strong explained the value of an Asset
Management Implementation Assistance. This would allow the WWTP to be proactive instead of
reactive.
Motion by Nickerson, second by Paulick to approve Resolution #2015-178. Upon roll call vote,
all voted aye. Motion adopted.
#2015-179 - Approving Certificate of Final Completion for Westgate Road Paving District No.
1261; North Road to Copper Road with The Diamond Engineering Company of Grand Island,
NE.
#2015-180 - Approving Contract Amendment for Community Development Block Grant 12-
DTR-104.
#2015-181 - Approving Final Plat and Subdivision Agreement for Sandy Beach Third
Subdivision. It was noted that John C. Hoffman, owner, had submitted the Final Plat and
Subdivision Agreement for Sandy Beach Third Subdivision for the purpose of moving property
line between two lots.
Grand Island Council Session - 7/28/2015 Page 53 / 168
Page 7, City Council Regular Meeting, July 14, 2015
#2015-182 - Approving Final Plat and Subdivision Agreement for Starlite Subdivision. It was
noted that Blender, LLC – Rick Johnson, owner had submitted the Final Plat and Subdivision
Agreement for Starlite Subdivision for the purpose of creating 2 lots located south of State Street
and west of US Hwy 281 consisting of 19.75 acres.
#2015-183 - Approving Final Plat and Subdivision Agreement for Vanosdall Second
Subdivision. It was noted that Wayne Vanosdall Sanitation Service, Inc., owner, had submitted
the Final Plat and Subdivision Agreement for Vanosdall Second Subdivision for the purpose of
creating 3 lots located east of Locust Street and north of US Highway 34 consisting of 28.2659
acres.
REQUESTS AND REFERRALS:
Consideration of Approving Request from Blender, LLC – Rick Johnson on behalf of Zella, LLC
– Farhan Khan for a Conditional Use Permit for a Senior Living Facility located South of the
Intersection of State Street and Ebony Lane. This item relates to the aforementioned Public
Hearing. Discussion was held regarding drainage. Mr. Lewis stated with the approval of Starlite
Subdivision there was a drainage plan in place. Nate Underwood representing Zella, LLC
answered questions concerning the project. He stated this facility would be private pay, they
would accept Medicaid, and there was no age limit.
Motion by Paulick, second by Hehnke to approve. Upon roll call vote, all voted aye. Motion
adopted.
RESOLUTIONS:
#2015-184 - Consideration of Request from GNS Corporation dba Git ‘N Split, 3320
Langenheder Street for Class “D” Liquor License and Liquor Manager Designation for Jess
Vetrovsky, 200 So. Lasall Street, Beatrice, NE. This item relates to the aforementioned Public
Hearing.
Motion by Donaldson, second by Jones to approve Resolution #2015-184. Upon roll call vote, all
voted aye. Motion adopted.
#2015-185 - Consideration of Request from YZ GYZ, LLC dba The Filling Station, 217 E.
Stolley Park Road, Suite N for Class “C” Liquor License and Liquor Manager Designation for
Shauna Forbes, 1314 Marshall Street, Wood River, NE. This item relates to the aforementioned
Public Hearing. Tyson Juhl, part owner commented on the changes in the business and stated he
would follow the rules. Shauna Forbes answered questions regarding being a liquor manager.
Fire Division Chief Fred Hotz explained the fire inspections that had not been completed.
Motion by Paulick, second by Nickerson to approve Resolution #2015-185 with the stipulation
there be no violations for 1 year. Upon roll call vote, Councilmembers Paulick, Steele, Hehnke,
Haase, Stelk, and Nickerson voted aye. Councilmembers Donaldson and Jones voted no. Motion
adopted.
Grand Island Council Session - 7/28/2015 Page 54 / 168
Page 8, City Council Regular Meeting, July 14, 2015
#2015-186 - Consideration of Approving the 2015-2016 Fee Schedule. Interim Finance Director
William Clingman reviewed the 2015-2016 Fee Schedule changes. The following changes were
mentioned:
Administration-Increase Blight Study Adoption fee
Emergency Management-Elimination of 2 fees and addition of a new fee
Parks Department- fee changes for Cemetery, Heartland Public Shoot Park and Aquatics
Public Works – Elimination of 8 fees in the Streets Division
Wastewater Treatment Plant-increase of various fees
Discussion was held and questions answered regarding alarm monitoring reports, headstone
flagging, private pool rental, Family Archery fee, and golf fees.
Motion by Haase, second by Hehnke to approve Resolution #2015-186. Upon roll call vote, all
voted aye. Motion adopted.
#2015-187 - Consideration of Approving External Search Firm Services for Finance Director
Position. Human Resources Director Aaron Schmid reported that Administration was seeking
approval to utilize the services of external search firms to fill the Finance Director position. This
position had been vacant since December 10, 2014 and efforts had been taken internally to fill
the position. Despite those efforts and associated costs, the applicant response had been low and
not produced a finalist candidate. A fee of not to exceed 30% of the candidate’s estimated first
years annual compensation of $24,578.45 to $36,841.74 would be paid to the search firm. Should
a candidate leave, through no fault of the City within 90 calendar days of initial employment, the
search firm would agree to locate and present additional candidates of comparable qualifications
at no additional charge.
Discussion was held regarding qualifications, experience, education, and managerial/leadership
qualities. Comments were made concerning eliminating some duties from this position.
Motion by Stelk, second by Paulick to approve Resolution #2015-187. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Paulick to approve the Claims for the period of June 24, 2015
through July 14, 2015, for a total amount of $5,273,296.78. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:33 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/28/2015 Page 55 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-3
Approving Minutes of July 21, 2015 City Council Special (Budget)
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 56 / 168
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL (BUDGET) MEETING
July 21, 2015
Pursuant to due call and notice thereof, a Special (Budget) 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 July 21, 2015. Notice of the meeting was given in the Grand Island Independent
on July 16, 2015.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Mitch Nickerson, Jeremy Jones, Chuck Haase, Linna Dee Donaldson, Michelle
Fitzke, Roger Steele, and Mike Paulick. Councilmembers Mark Stelk, Julie Hehnke, and Vaughn
Minton were absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Interim Finance Director William Clingman, City
Attorney Robert Sivick, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Rebecca Peterson and board
member Danna Burchess.
INVOCATION was given by Community Youth Council member Rebecca Peterson followed by
the PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
2015-16 Budget Planning Schedule: City Administrator Marlan Ferguson presented the 2015-
2016 budget schedule. The 2015-2016 proposed budget would commence at the regular City
Council meeting on August 11, 2015 with the Public Hearing. The Fee Schedule was approved at
the July 14, 2015 meeting and the Full Time Equivalents (FTE) the Capital Improvement Fund
(CIP) and the Socrata “Openspending” Website to be reviewed at this meeting. Interim Finance
Director William Clingman gave a demonstration on the expense side of the Socrata website.
The following proposed schedule was presented:
July 14, 2015 Council meeting: Fee Schedule
July 21, 2015 Special meeting/Study Session: FTE, CIP, Socrata
July 28, 2015 Council meeting: Approve BID budgets, assessments and set Board of
Equalization
August 11, 2015 Council meeting: Public Hearing on City and CRA budgets, Health
Insurance Contract, Salary Ordinance
August 17, 2015 Council Budget Session: General Fund Summary, Revenue/Expenditures
Analysis, Operating Cash Analysis, and General Fund Departments
Review
August 18, 2015 Council Budget Session: Continuation of General Fund Department
Review and Enterprise Funds
August 24, 2015 Utilities and other Department Review
August 25, 2015 Council meeting followed by Budget session if needed
Grand Island Council Session - 7/28/2015 Page 57 / 168
Page 2, City Council Study Session, July 21, 2015
September 8, 2015 Council meeting: Approval of 2015-2016 budget, 1% Increase to the
Restricted Lid Limit, setting the Mill Levy
September 20, 2015 Budget must be received by Nebraska Department of Revenue by this date
2016 Proposed Budget Presentation: Full Time Equivalent Positions (FTE): Mr. Ferguson stated
the Library and Fire Department were asking for more FTEs than the Administration was
recommending. Interim Finance Director William Clingman gave the following summary of
costs by fund:
General - 100 $525,115
Enhanced 911 - 215 $ 6,572
PSC Wireless - 216 ($20,270)
Community Youth - 229 ($15,283)
VOCA Grant - 260 $ 42,323
Utilities - 520 $102,465
WWTP - 530 $ 9,765
These figures do not include proposed FTEs from the Fire Department.
Mr. Clingman stated the Finance Department was requesting 1 FTE for a cashier to start June 1,
2016 contingent upon the Utilities Customer Service Center opening on or around that date. The
cost impact to the Finance Department for 2016 was $12,838.
The Public Information Officer/Community Youth Council was requesting the 100%
consolidation of the cost to the General Fund effective October 1, 2015 with no FTE increase.
The Public Information cost impact to the General Fund would be $14,124 and a decrease of
$15,283 to the Community Youth Council (229 Fund). Discussion was held concerning the 229
Fund which was a grant fund.
Building Department Director Craig Lewis was requesting the reclassification of the
Maintenance Worker I and Maintenance Worker II positions to a single Building Maintenance
Worker position effective October 1, 2015. There would be no FTE increase and a cost impact of
$3,216 to the department. Discussion was held regarding the level of expertise between the two
job classifications.
Emergency Management Director John Rosenlund was requesting 1 FTE as a new swing shift
dispatcher to start January 1, 2016 with a $43,081 increase to the General Fund. Also requested
was shifting the allocation between the 215 and 216 Funds resulting in an increase of $6,572 to
Enhanced 911 and a decrease of $20,270 to the PSC Wireless Fund.
Parks & Recreation Director Todd McCoy was requesting 1 FTE for a Recreation Coordinator to
start November 1, 2015 and to transfer a Maintenance Worker from the Fieldhouse/Island Oasis
to Parks Operations effective October 1, 2015. Also requested was a part-time Seasonal
Greenhouse Worker. The total FTE change would be 1.20. Discussion was held regarding the
Fieldhouse hours of operation. Mr. McCoy answered questions regarding an Officer Manager at
the Heartland Public Shooting Park. He stated due to budget constraints he did not ask for that
position in this year’s budget but would in the future.
Police Chief Steve Lamken requested 1 FTE for an Evidence Technician to start May 1, 2016; 1
FTE as a Police Records Clerk to start August 1, 2016; and 1 FTE as a Victim Witness Advocate
Grand Island Council Session - 7/28/2015 Page 58 / 168
Page 3, City Council Study Session, July 21, 2015
to start January 1, 2016. This would be an increase of $41,277 to the Police Department and
$42,323 to the VOCA Grant Fund 260. Discussion was held regarding the VOCA Grant. Chief
Lamken stated we have had a VOCA grant for well over a decade.
Street Superintendent Shannon Callahan reported the Streets Division has requested 2 FTEs as
Equipment Operators to start October 1, 2015 with an increase of $169,922 to the Streets
Department. Discussion was held regarding contract work. Ms. Callahan stated some projects
needed to be done in-house such as weed spraying, drainage work, and snow/ice control. Street
sweeping was mentioned.
Wastewater Treatment Plant Superintendent Marvin Strong stated they were requesting an
increase of .25 FTE as a Maintenance Seasonal Worker to start May 1, 2016 with an increase of
$9,765 to this department.
Utilities Director Tim Luchsinger requested 1 FTE for a System Technician to start October 1,
2015 with an increase of $102,465 to the Electric Utility Fund. Questions were answered
regarding the type of support that was needed. Mr. Luchsinger stated with the implementation of
a new management software, which included additional mobile electronic devices to the utility
distribution, an additional System Technician was needed.
Library Director Steve Fosselman requested 1 FTE for an Assistant Library Director to start
October 1, 2015. Also requested was to reclassify 1 Library Assistant I to an Assistant II, move 2
part-time Library Assistant 1’s to full-time, and increase seasonal worker and Library Page
hours. The net increase of 2.4444 FTEs would impact the Library Department by $170,570.
Council commented on the outstanding job the Library had done. Mr. Fosselman answered
questions regarding the National Standard for libraries, certification, and extended hours at the
library.
Human Resources Director Aaron Schmid stated FTE proposals for secretary and administrative
assistant positions throughout the City would be postponed for approximately 60 days to further
review, analyze and understand proposals.
Fire Chief Corey Schmidt gave a background on the EMS services and the need for a third
ambulance. He was requesting 3 FTEs as Firefighter/EMTs for an increase of $223,191 and 3
FTEs as Firefighter/Paramedics for an increase of $239,835. Reviewed was EMS background,
changes in Grand Island, call volume, National Standards, response capability, Fire and EMS
coverage, call trending, overlapping calls, and benefits of hiring additional staff. Mr. Schmidt
answered questions regarding the number of ambulances (7) and when recalls of personnel
happen. Discussion was held regarding the number of calls with regards to big events in the City.
Chief Schmidt stated the additional FTEs if approved would be based out of Station 4.
Presentation of 400 Capital Improvement Projects for Fiscal Year 2015/2016: Public Works
Director John Collins reviewed the 2015 Capital Projects in progress. $2.7 million was supposed
to come over from last year but did not so several projects were delayed. Reviewed were the
completed projects and the delayed or cancelled projects.
Mr. McCoy commented on the Ryder Tennis Court facility upgrade. Phil Maltzahn, 1 Ponderosa
Drive and Ron Bender, 1434 Howard Place representing the Tennis Association spoke in support
Grand Island Council Session - 7/28/2015 Page 59 / 168
Page 4, City Council Study Session, July 21, 2015
and explained the need for the new courts. Discussion was held concerning the cost of the entire
project. The current courts could not be used because they were in such bad shape.
The following Proposed Capital Projects for 2016 were presented:
ADA – 4th Street & 5th Street CDBG Project - $400,000
Adams Street Paving District - $2,250,000
Blaine Bridge Replacement w/Culverts - $495,000
Capital Avenue; Webb Road to Broadwell Avenue (includes trail) - $950,000
Faidley & Diers Traffic Signal - $136,500
North Road at 13th Street Intersection Improvements - $750,000
Pavement Condition Survey - $140,000
Sterling Estates Paving District - $300,000
Stolley Park Road Restriping/Rehabilitation - $420,000
Swift Road Paving District No. 1263 - $2,500,000
South Front Street Over Sycamore Underpass Rehabilitation - $80,000
Waugh/Broadwell Relocation - $100,000
Eagle Scout Detention Cell – North of Eagle Scout Lake - $75,000
Moores Creek Drain Extension – (Old Potash Hwy to Edna Dr) - $50,000
Northwest Flood Control Project - $900,000
Fieldhouse Turf Replacement - $275,000
Miscellaneous Park Projects - $195,000
Ryder Tennis Court Facility Upgrade - $280,093
Sterling Park Phase 2 - $150,000
Alternate 911 Emergency Center - $200,000
Final Phase of GITV – HD Implementation - $80,000
The total Capital Project requests were $10,726,593. Discussion was held concerning the funding
from Sales Tax that was dedicated to the Capital Improvement Projects. Mr. Clingman stated he
would get the information to Council. Grand Generation projects were mentioned. Mr. Lewis
stated everything was going very well. Roofing, restrooms, replacing valves, lights, etc. were
being done.
Mr. Ferguson stated this was the beginning of the budget process. The information presented
here would be plugged into the budget for further action by Council.
ADJOURNMENT: The meeting was adjourned at 9:14 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 7/28/2015 Page 60 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-4
Approving Appointments of Todd Enck, Marv Webb, Brad
Kissler, and Justin Oseka to the Building Code Advisory Board
Mayor Jensen has submitted the appointments of Todd Enck, Marv Webb, Brad Kissler, and Justin
Oseka to the Building Code Advisory board. The appointments would become effective August 1, 2015
upon approval by the City Council and would expire on August 1, 2017.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 7/28/2015 Page 61 / 168
Grand Island Council Session - 7/28/2015 Page 62 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-5
Approving Appointments of Al Avery, Mike Nolan, Glen Murray,
John Schultz, Karen Bredthauer, and Deb Trosper to the Zoning
Board of Adjustment
Mayor Jensen has submitted the appointments of Al Avery, Mike Nolan, Glen Murray, John Schultz,
Karen Bredthauer, and Deb Trosper to the Zoning Board of Adjustment. The appointments would
become effective September 1, 2015 upon approval by the City Council and would expire on August 31,
2018.
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 7/28/2015 Page 63 / 168
Grand Island Council Session - 7/28/2015 Page 64 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-6
Approving Liquor Manager Designation for Renee Snider, 11920
W. Beam Hill Road, Denton, NE for Walgreen’s #3467, 1515 West
2nd Street and Walgreen’s #12538, 1230 N. Webb Road
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 65 / 168
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:July 28, 2015
Subject:Request from Renee Snider, 11920 W. Beam Hill Road,
Denton, NE for Liquor Manager Designation with
Walgreen’s #3467, 1515 West 2nd Street and Walgreen’s
#12538, 1230 N. Webb Road
Presenter(s):RaNae Edwards, City Clerk
Background
Renee Snider, 11920 W. Beam Hill Road, Denton, NE has submitted applications with
the City Clerk’s Office for a Liquor Manager Designation in conjunction with
Walgreen’s #3467, 1515 West 2nd Street and Walgreen’s #12538, 1230 N. Webb Road.
These applications have 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.
Ms. Snider has completed a state approved alcohol server/seller training program.
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 - 7/28/2015 Page 66 / 168
Recommendation
City Administration recommends that the Council approve the requests for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Rene Snider, 11920 W. Beam Hill Road, Denton, NE
for Liquor Manager Designation in conjunction with the Class “D-88629” Liquor License
for Walgreen’s #3467, 1515 West 2nd Street and the Class “D-88630” Liquor License for
Walgreen’s #12538, 1230 N. Webb Raod.
Grand Island Council Session - 7/28/2015 Page 67 / 168
07/21/15 Grand Island Police Department 450
10:57 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 13:30:00 07/10/2015
Date disposition declared : 07/13/2015
Incident number : L15070990
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1515 2nd St W
State abbreviation : NE
ZIP Code : 68801
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received :
Agency code : GIPD GIPD Grand Island Police Dept
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed : AOFF AOFF Alcohol Offense
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 2924
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 202257 07/17/15 Snider, Renee Manager
NM 202258 07/17/15 Snider, Brandon Renee's
Husband
NM 50937 07/10/15 Walgreens, Business
Involved
NM 155460 07/10/15 Walgreens, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 LT03 Bar/Night Club
IMAGE CODES FOR INCIDENT:
Seq Imag Image code for a users description field
--- ---- ---------------- ------------------------------
1 DOC DOCUMENT mobile report
Grand Island Council Session - 7/28/2015 Page 68 / 168
LAW INCIDENT NARRATIVE:
Liquor License Investigation
Grand Island Police Department
I received a copy of a liquor manager's application from Renee Snider for
Walgreens on 2nd Street and Walgreens on North Webb.
ap
~~---------------------------------------- (lwmain13260207102015)~~
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 14:17:25 07/17/2015
Grand Island Police Department
Supplemental Report
Date, Time: Fri Jul 17 14:17:36 CDT 2015
Reporting Officer: Vitera
Unit- CID
Renee Snider is applying to be the liquor manager at both Walgreens in
Grand Island. Renee was born in Nebraska and has lived in either Lincoln
or Denton since at least 1998. She is married to Brandon Snider who has
lived in either Lincoln, Denton, or Omaha since at least 2005. Renee
disclosed three DUI convictions, a driving during suspension, and a minor
in possession conviction. Brandon didn't disclose any convictions, but he
also signed a Spousal Affidavit on Non-Participation form.
I checked Spillman and NCJIS for Renee and Brandon. Neither one of them
had an entry in Spillman. Renee didn't have any undisclosed convictions
listed in NCJIS. Brandon failed to disclose three DUI convictions from
the late 90's, 2 speeding convictions, unlawful plate registration,
possession of drug paraphernalia, possession of marijuana less than an
ounce, and a CDL violation. All of Renee's convictions were between 1993
and 2003. None of Renee's convictions would preclude her from being a
Grand Island Council Session - 7/28/2015 Page 69 / 168
liquor manager. Renee and Brandon each have a valid Nebraska driver's
license, and neither one of them have any outstanding arrest warrants.
I checked Walgreens through the NLCC's web site and found that Renee is
applying to be the liquor manager at fifty Walgreens in Nebraska from
Scottsbluff to Omaha. According to Nebraska State Statute 53-103.18,
Manager means a person appointed by a corporation or limited liability
company to oversee the daily operation of the business licensed in
Nebraska. A manager shall meet all the requirements of the Nebraska
Liquor Control Act as though he or she were the applicant, including
residency and citizenship."
Question three on the Manager Application asks the applicant if she
"...intend(s) to supervise, in person, the management of the business?"
Between the state statute definition of a manager saying she needs to
"oversee the DAILY operation" of the business and the application saying
she needs to do it in person, I believe it's impossible for Renee to be a
manager at fifty Walgreens stores. However, I've been told that having
one manager for larger companies and corporations with numerous stores is
kind of the trend now, and there appears to be support from some State
law enforcement officials and no opposition from the NLCC.
As long as there are no liquor-related problems or even only minor
problems at the Walgreens stores in Grand Island, the Grand Island Police
Department has no objection to Renee Snider being the liquor manager at
both stores.
Grand Island Council Session - 7/28/2015 Page 70 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-7
#2015-188 - Approving Final Plat and Subdivision Agreement for
Stauffer Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 7/28/2015 Page 71 / 168
Council Agenda Memo
From:Regional Planning Commission
Meeting:July 28, 2015
Subject:Stauffer Subdivision – Final Plat
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
This property is located west of US Hwy 281 and north of Wildwood Drive, in the City
of Grand Island, in Hall County, Nebraska. Consisting of (1 Lot) and 5.662 acres.
Discussion
The plat for Stauffer Subdivision was considered by the Regional Planning Commission
at the June 10, 2015 meeting.
A motion was made by Ruge and seconded by Bredthauer to approve the plat as
presented.
A roll call vote was taken and the motion passed with 9 members present and voting in
favor (O’Neill, Ruge, Connick, Sears, Maurer, Huismann, Heckman, Haskins and
Bredthauer) and no members abstaining.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 7/28/2015 Page 72 / 168
Grand Island Council Session - 7/28/2015 Page 73 / 168
Mitchell H. Stauffer Revocable Trust, Robin Stauffer, Successor Trustee
Developer/Owner
Mitchell H. Stauffer Revocable Trust, Robin Stauffer, Successor Trustee
2304 Cumming Street
Fremont NE 68025
To create 1 lot located west of US Hwy 281 and north of Wildwood Drive, in the City of
Grand Island, in Hall County, Nebraska.
Size: 5.662 acres
Zoning: B2 – General Business Zone
Road Access: City Roads
Water Public: City water is available.
Sewer Public: City sewer is available.
Grand Island Council Session - 7/28/2015 Page 74 / 168
Grand Island Council Session - 7/28/2015 Page 75 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-188
WHEREAS, Mitchell H Stauffer Revocable Trust, Dated October 5, 2009, being
the said owner of the land described in the legal description hereon, have filed an application for
approval of the final plat of Stauffer Subdivision, a tract of land comprising a part of the East
Half of the Southeast Quarter (E1/2 SE1/4) of Section One (1), Township Ten (10) North Range
Ten (10), West of the 6th P.M. in Hall County, Nebraska, and has caused a plat thereof to be
acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the
Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as
required by Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the
owner of the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement
hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such
agreement on behalf of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of STAUFFER
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 76 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-8
#2015-189 - Approving Acquisition of Utility Easement - 168 E.
Capital Avenue - Leetch & Stryker
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 7/28/2015 Page 77 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-189
WHEREAS, a public utility easement is required by the City of Grand Island
from Joel A. Leetch and Janet Stryker, 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 28, 2015 for the purpose of
discussing the proposed acquisition of a utility easement on a tract of land located in Merrick
County, Nebraska; and more particularly described as follows:
Commencing at the Northwest corner of Schwarz Subdivision, Merrick County,
Nebraska; thence southerly along the westerly line of said Schwarz Subdivision
on an assumed bearing of S0°59’06”E, a distance of five hundred thirty three
(533.0) feet to the Southwest corner of Lot Five (5), Block One (1), said Schwarz
Subdivision; thence N89°21’37”W along the centerline of an existing twenty
(20.0) foot wide utility easement described in Book PP, Page 244, recorded in the
Merrick County, Nebraska, Register of Deeds Office, a distance of two hundred
twenty five and five tenths (225.5) feet to the ACTUAL Point of Beginning;
thence S0°13’45”E, a distance of ninety eight (98.0) feet to a point of termination.
The above-described easement and right-of-way containing 0.045 acres, more or
less, as shown on the plat dated 7/8/2015, 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 Joel A. Leetch and Janet Stryker,
on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska July 28, 2015.
_________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 78 / 168
Grand Island Council Session - 7/28/2015 Page 79 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-9
#2015-190 - Approving Bid Award - Burdick Pumping Station
Motor Control Center
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 7/28/2015 Page 80 / 168
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:July 28, 2015
Subject:Burdick Pumping Station Motor Control Center
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Burdick Pumping Station, located in the Burdick Power Station, was built in 1963 as
part of water system improvements made to maintain system water pressures throughout
the water system. The Burdick Pumping Station is one of three pumping stations in
Grand Island. This station has three high pressure pumps, two of which are electrically
driven and the third is a back-up diesel engine driven pump.
The electrical switchgear has been operated continuously for the last 52 years. The Motor
Control Center is obsolete and does not meet current safety and electrical codes,
therefore, replacement Motor Control Center equipment was included in the current water
Enterprise fund budget, with installation to occur in the winter when water demand is
lower.
Discussion
The specifications for the Burdick Pumping Station Motor Control Center were
advertised and issued for bid in accordance with the City Purchasing Code. Bids were
publicly opened on July 16, 2015. The engineer’s estimate for this project was
$75,000.00.
Option #1 Option #2
Bidder Bid Price Bid Price
Kriz-Davis Co.
Grand Island, NE $45,697.91 $52,756.96
The bids were reviewed by Department engineering staff. Two options were quoted, with
Option #2 to include soft starts. Soft starts create less wear on the mechanical parts of the
pump and extend the equipment life. This is a smarter use of electrical power, having less
in-rush current and lower demand on the electrical system. The exceptions noted state
Grand Island Council Session - 7/28/2015 Page 81 / 168
requirements to meet the September delivery date and the motor control center to be one
sided vs. two sided, are acceptable. It is otherwise compliant with specifications and less
than the engineer’s estimate.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that Council award the Contract for the Burdick
Pumping Station Motor Control Center to Kriz-Davis Company of Grand Island,
Nebraska, as the low responsive bidder, with the bid on the Option #2 in the amount of
$52,756.96.
Sample Motion
Move to approve the bid in the amount of $52,756.96 from Kriz-Davis Company for the
Burdick Pumping Station Motor Control Center.
Grand Island Council Session - 7/28/2015 Page 82 / 168
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:July 16, 2015 at 2:00 p.m.
FOR:Burdick Pumping Station Motor Control Center
DEPARTMENT:Utilities
ESTIMATE:$75,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:July 2, 2015
NO. POTENTIAL BIDDERS:2
SUMMARY
Bidder:Kriz-Davis Co.
Grand Island, NE
Bid Security:Cincinnati Insurance Co.
Exceptions:Noted
Bid Price:Option:
Material:$42,708.33 $49,305.56
Labor: N/A N/A
Sales Tax:$ 2,989.58 $ 3,451.39
Total Bid:$45,697.91 $52,756.96
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Lynn Mayhew, Utilities Director PGS
P1824
Grand Island Council Session - 7/28/2015 Page 83 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-190
WHEREAS, the City of Grand Island invited sealed bids for Burdick Pumping
Station Motor Control Center, according to plans and specifications on file with the Utilities
Department; and
WHEREAS, on July 16, 2015, bids were received, opened and reviewed; and
WHEREAS, Kriz-Davis Company of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $52,759.96; and
WHEREAS, the bid of Kriz Davis Company is less than the estimate for the
Burdick Pumping Station Motor Control Center.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Kriz-Davis Company, in the
amount of $52,756.96, for the Burdick Pumping Station Motor Control Center, is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015 .
_______________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 84 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-10
#2015-191 - Approving Sale of Residual (No. 6) Fuel Oil
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 7/28/2015 Page 85 / 168
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Asst. City Attorney
Meeting:July 28, 2015
Subject:Sale of Residual (No. 6) Fuel Oil
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The City electric generating facilities include the Platte Generating Station and Burdick
Station. Platte is a coal-fueled steam turbine generator rated at 100 megawatts. It is the
City’s base-loaded generating facility, operating over 8,000 hours per year. The
generating capacity at the Burdick Station consists of three steam turbine generators (92
megawatts total) and three combustion turbine generators (81 megawatts total). These
units use natural gas as their primary fuel, and because of their fuel cost being higher than
coal, they are used as peaking units during high load demand periods, about 400 to 500
hours per year. Additionally, because of their quick start characteristics (less than 15
minutes), the combustion turbines are used instead of the steam turbine units, which were
originally designed as base load units in the 1950’s and 1960’s.
As a contingency for times when the natural gas supply could be interrupted, both types
of units at Burdick can use fuel oil as a backup fuel source. The combustion turbines
utilize distillate (No. 2) fuel oil, which is similar to diesel, while the older steam units
utilize residual (No. 6) fuel oil, which is a byproduct of the oil refining process. No. 6
fuel oil is usually less expensive than No. 2 fuel oil, but requires heating for handling and
combustion and is better suited for base-load units.
With the addition of 33 megawatts of coal-fueled generation from the City’s participation
in the Nebraska City Unit 2 starting this year, and an additional 15 megawatts in the
Whelan 2 project at Hastings in 2011, the mission of the older steam units at Burdick will
be more of a standby role for disruptions of electric system operations. This role is better
suited for the quick start abilities of the combustion turbines.
As a result, the need for the inventory of the No. 6 fuel oil is minimized. The use of the
No. 6 oil requires a steam unit to be fired on natural gas for two to three days to heat the
oil for use, which is not timely in an emergency. Burdick Station currently has about
672,000 gallons of No. 6 fuel oil in storage. As a means of funding for expanding the No.
Grand Island Council Session - 7/28/2015 Page 86 / 168
2 fuel oil inventory for use in the combustion turbines as a contingency fuel source, bids
for the sale of 672,000 gallons of No. 6 fuel oil were solicited by plant staff.
Discussion
The specifications for the Residual (No. 6) Fuel Oil were advertised and issued for bid in
accordance with the City Purchasing Code. Specifications were sent to three potential
bidders. A bid was received from Rex Payne, Conjopa Oil, LLC, of Ashley, Ohio.
Bidder Bid Price Total Estimated Bid
Conjopa Oil, LLC $0.0125 per pound $68,880.00
The bid was reviewed by plant engineering staff and is compliant with the specifications.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the contract for sale of Residual
(No. 6) Fuel Oil to Conjopa Oil, LLC, of Ashley, Ohio, as the high responsive bidder,
with the bid price of $0.0125 per net pound.
Sample Motion
Move to approve award of the bid of $0.0125 per net pound from Conjopa Oil, LLC, for
the sale of Residual (No. 6) Fuel Oil.
Grand Island Council Session - 7/28/2015 Page 87 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-191
WHEREAS, the City of Grand Island invited sealed bids for the Sale of Residual
(No. 6) Fuel Oil, according to plans and specifications on file with the Utilities Department; and
WHEREAS, on May 27, 2015, bids were received, opened and reviewed; and
WHEREAS, Conjopa Oil, LLC, submitted a bid in accordance with the terms of
the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $0.0125 per net pound.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Conjopa Oil, LLC, in the
amount of $0.0125 per new pound, for the sale of Residual (No. 6) Fuel Oil, is hereby approved
as the high responsive bidder.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 88 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-11
#2015-192 - Approving Acquisition of Public Utility Easements-
South of Capital Avenue, East of North Road, North of Sterling
Estates Fourth Subdivision (Niedfelt Property Management
Preferred, LLC)
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 89 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-192
WHEREAS, public utility easements are required for further development of the
Sterling Estates Subdivision area; particularly described as follows:
CITY OF GRAND ISLAND- TRACT A
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF N8907’58”W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 90.03 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE WEST
LINE OF CITY OF GRAND ISLAND DRAINAGE RIGHT-OF-WAY (R.O.W.); THENCE N00o15’38”E,
ALONG SAID WEST LINE, A DISTANCE OF 1504.28 FEET TO THE POINT OF BEGINNING; THENCE
N89o07’20”W FOR A DISTANCE OF 158.48 FEET; THENCE N00o52’40”E A DISTANCE OF 10.00 FEET;
THENCE S89o07’20”E A DISTANCE OF 158.38 FEET TO A POINT ON SAID WEST LINE OF THE
DRAINAGE RIGHT-OF-WAY; THENCE S00o15’38”W, ALONG SAID WEST LINE, A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1584
SQUARE FEET OR 0.04 ACRES MORE OR
LESS.
NIEDFELT PROPERTY MANAGEMENT PREFERRED, LLC – TRACT B
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF N89o07’58”W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 90.03 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE WEST
LINE OF CITY OF GRAND ISLAND DRAINAGE RIGHT-OF-WAY (R.O.W.); THENCE N00o15’38”E,
ALONG SAID WEST LINE, A DISTANCE OF 1554.28 FEET TO THE POINT OF BEGINNING; THENCE
N89o07’20”W FOR A DISTANCE OF 157.95 FEET; THENCE N00o52’40”E A DISTANCE OF 10.00 FEET;
THENCE S89o07’20”E A DISTANCE OF 157.84 FEET TO A POINT ON SAID WEST LINE OF THE
DRAINAGE RIGHT-OF-WAY; THENCE S00o15’38”W, ALONG SAID WEST LINE, A DISTANCE OF 10.00
FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 1579
SQUARE FEET OR 0.04 ACRES MORE OR
LESS.
NIEDFELT PROPERTY MANAGEMENT PREFERRED, LLC – TRACT C
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF N89o07’58”W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 90.03 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE WEST
LINE OF CITY OF GRAND ISLAND DRAINAGE RIGHT-OF-WAY (R.O.W.); THENCE N00o15’38”E,
ALONG SAID WEST LINE, A DISTANCE OF 1554.28 FEET; THENCE N89o07’20”W A DISTANCE OF
217.95 FEET TO THE POINT OF BEGINNING; THENCE N89o07’20”W FOR A DISTANCE OF 120.00 FEET;
THENCE N00o52’40”E A DISTANCE OF 10.00 FEET; THENCE S89o07’20”E A DISTANCE OF 120.00 FEET;
THENCE S00o52’20”W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TRACT
CONTAINS A CALCULATED AREA OF 1200 SQUARE FEET OR 0.03 ACRES MORE OR LESS.
Grand Island Council Session - 7/28/2015 Page 90 / 168
- 2 -
CITY OF GRAND ISLAND – TRACT D
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF N89o07’58”W, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 90.03 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE WEST
LINE OF CITY OF GRAND ISLAND DRAINAGE RIGHT-OF-WAY (R.O.W.); THENCE N00o15’38”E,
ALONG SAID WEST LINE, A DISTANCE OF 1504.28 FEET; THENCE N89o07’20”W A DISTANCE OF
218.48 FEET TO THE POINT OF BEGINNING; THENCE N89o07’20”W FOR A DISTANCE OF 120.00 FEET;
THENCE N00o52’40”E A DISTANCE OF 10.00 FEET; THENCE S89o07’20”E A DISTANCE OF 120.00 FEET;
THENCE S00o52’20”W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TRACT
CONTAINS A CALCULATED AREA OF 1200 SQUARE FEET OR 0.03 ACRES MORE OR LESS.
CITY OF GRAND ISLAND – TRACT E
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF S00o15’36”W, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 945.10 FEET; THENCE N89o07’20”W A DISTANCE OF 781.34 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N89o07’20”W FOR A DISTANCE OF 20.00 FEET; THENCE
N00o52’40”E A DISTANCE OF 120.00 FEET; THENCE S89o07’20”E A DISTANCE OF 20.00 FEET; THENCE
S00o52’40”W A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A
CALCLUATED AREA OF 2400 SQUARE FEET OR 0.06 ACRES MORE OR LESS.
NIEDFELT PROPERTY MANAGEMENT PREFERRED, LLC – TRACT G
A TRACT OF LAND IN PART OF THE NORTHWEST QUARTER (NW ¼) OF SECTION TWELVE (12),
TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M., CITY OF GRAND ISLAND,
HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DRESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN
ASSUMED BEARING OF S00o15’36”W, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 945.10 FEET; THENCE N89o07’20”W A DISTANCE OF 1175.87 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING N89o07’20”W FOR A DISTANCE OF 25.47 FEET; THENCE
N00o52’40”E A DISTANCE OF 120.00 FEET; THENCE S89o07’20”E A DISTANCE OF 25.47 FEET; THENCE
S00o52’40”W A DISTANCE OF 120.0 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A
CALCULATED AREA OF 3056 SQUARE FEET OR 0.07 ACRES MORE OR LESS.
WHEREAS, an Agreement for the public utility easements has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the public utility easements on the above
described tracts of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Grand Island Council Session - 7/28/2015 Page 91 / 168
- 3 -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 92 / 168
Grand IslandCouncil Session - 7/28/2015Page 93 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION AR
Grand Island Council Session - 7/28/2015 Page 94 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION BR
Grand Island Council Session - 7/28/2015 Page 95 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION CR
Grand Island Council Session - 7/28/2015 Page 96 / 168
2013-1214PROJECT NO:
DRAWN BY:
07/09/13DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION DR
Grand Island Council Session - 7/28/2015 Page 97 / 168
2014-1966PROJECT NO:
DRAWN BY:
03/02/2015DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION ER
Grand Island Council Session - 7/28/2015 Page 98 / 168
2014-1966PROJECT NO:
DRAWN BY:
03/02/15DATE:
LJW
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetSTERLING ESTATES
FOURTH SUBDIVISION GR
Grand Island Council Session - 7/28/2015 Page 99 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-12
#2015-193 - Approving Certificate of Final Completion for Claude
Road Drainage Improvement Project No. 2013-D-2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 100 / 168
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:July 28, 2015
Subject:Approving Certificate of Final Completion for Claude
Road Drainage Improvement Project No. 2013-D-2
Presenter(s):John Collins PE, Public Works Director
Background
The City Council awarded the bid for Claude Road Drainage Improvement Project No.
2013-D-2 to The Diamond Engineering Company of Grand Island, Nebraska on June 10,
2014, in the amount of $55,818.10. Work on the project commenced August 11, 2014
with final completion July 1, 2015.
This project removed and replaced existing culverts that had been damaged under Claude
Road and several driveways, as well as ditch grading which improved the drainage along
Claude Road.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Construction work was completed at a total cost of
$53,098.70, which is an underrun of $2,719.40. Additional project costs are shown
below.
ADDITIONAL DISTRICT COSTS
The Grand Island Independent Advertising $ 117.32
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 - 7/28/2015 Page 101 / 168
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Claude Road Drainage Improvement Project No. 2013-D-2.
Sample Motion
Move to approve the Certificate of Final Completion for Claude Road Drainage
Improvement Project No. 2013-D-2.
Grand Island Council Session - 7/28/2015 Page 102 / 168
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Claude Road Drainage Improvement Project No. 2013-D-2
CITY OF GRAND ISLAND, NEBRASKA
July 28, 2015
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Claude Road Drainage Improvement Project No. 2013-D-2 has been fully completed by
The Diamond Engineering Company of Grand Island, Nebraska under the contract dated June 10, 2014. The
work has been completed in accordance with the terms, conditions, and stipulations of said contract and
complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand
Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S.,
1943.
Claude Road Drainage Improvement Project No. 2013-D-2
Quantities Total Amount
Description Placed Unit Price Bid Completed
Bid Section A
1 EARTHWORK 1.00 L.S.$ 5,735.00 $ 5,735.00
2 SEEDING UNIMPROVED AREAS 1.00 AC.$ 4,070.00 $ 4,070.00
3 REMOVE ASPHALT PAVING 104.00 S.Y.$ 16.20 $ 1,684.80
4 P.C. CONCRETE PAVING 104.00 S.Y.$ 87.50 $ 9,100.00
5 3” GRAVEL SURFACING 273.00 S.Y.$ 6.50 $ 1,774.50
6 TRAFFIC CONTROL 1.00 L.S.$ 3,715.00 $ 3,715.00
7 MOBILIZATION/DEMOBILIZATION 1.00 L.S.$ 925.00 $ 925.00
8 18” R.C. STORM SEWER PIPE 224.00 L.F.$ 73.10 $ 16,374.40
9 18” R.C. FLARED END SECTION 8.00 EA.$ 915.00 $ 7,320.00
10 SEDIMENT AND EROSION CONTROL 1.00 L.S.$ 2,400.00 $ 2,400.00
THE DIAMOND ENGINEERING COMPANY = $ 53,098.70
Item ADDITIONAL DISTRICT COSTS
The Grand Island Independent Advertising $ 117.32
Subtotal Additional District Costs = $ 117.32
Total Costs - $53,216.02
I hereby recommend that the Engineer’s Certificate of Final Completion for Claude Road Drainage
Improvement Project no. 2013-D-2 be approved.
_______________________________________________________________________________
John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor
Grand Island Council Session - 7/28/2015 Page 103 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-193
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for Claude Road Drainage Improvement Project
No. 2013-D-2, certifying that The Diamond Engineering Company of Grand Island, Nebraska,
under contract, has completed the paving project; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for
Claude Road Drainage Improvement Project No. 2013-D-2, in the amount of $53,098.70 is
hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 104 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-13
#2015-194 - Approving Certificate of Final Completion for
Westgate Drainage Improvements; District No. 2013-D-4
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 105 / 168
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:July 28, 2015
Subject:Approving Certificate of Final Completion for Westgate
Drainage Improvements; District No. 2013-D-4
Presenter(s):John Collins PE, Public Works Director
Background
Drainage Improvement District No. 2013-D-4 was created by City Council on October
22, 2013. Legal notice of the creation of the District was published in the Grand Island
Independent on October 28, 2013. A notification letter of the district creation was mailed
to all affected property owners.
This District is made up of the north half of Gold Road east to Claude Road and is shown
on the attached exhibit. The project consisted of running a pipe along Gold Road and
outletting to the drainage ditch to drain property within the district boundary which did
not previously drain.
The City Council awarded the bid for construction of the Westgate Drainage
Improvements; District No. 2013-D-4 to The Diamond Engineering Company of Grand
Island, Nebraska on September 9, 2014, in the amount of $146,349.15. Work on the
project commenced March 26, 2015 with final completion July 1, 2015.
Discussion
The project was completed in accordance with the terms, conditions and stipulations of
the contract, plans and specifications. Construction work was completed at a total cost of
$150,052.74, which is an overrun of $3,703.59. Additional project costs are shown
below.
ADDITIONAL DISTRICT COSTS
Olsson Associates Engineering $ 30,545.00
The Grand Island Independent Advertising $ 89.58
Hall County Register of Deeds Filing Fees $ 28.00
Grand Island Council Session - 7/28/2015 Page 106 / 168
Total project costs equate to $180,715.32, of which all or a portion of will be assessed to
the affected property owners at the Board of Equalization on August 25, 2015.
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 Certificate of Final
Completion for Westgate Drainage Improvements; District No. 2013-D-4 and set the
Board of Equalization date of August 25, 2015.
Sample Motion
Move to approve the Certificate of Final Completion for Westgate Drainage
Improvements; District No. 2013-D-4 and set the Board of Equalization date of August
25, 2015.
Grand Island Council Session - 7/28/2015 Page 107 / 168
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Westgate Drainage Improvements; District No. 2013-D-4
CITY OF GRAND ISLAND, NEBRASKA
July 28, 2015
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Westgate Drainage Improvements; District No. 2013-D-4 has been fully completed by
The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 9, 2014.
The work has been completed in accordance with the terms, conditions, and stipulations of said contract and
complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand
Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S.,
1943.
Westgate Drainage Improvements; District No. 2013-D-4
Quantities Total Amount
Description Placed Unit Price Bid Completed
Base Bid Section
1 48” DIA. RC STORM SEWER PIPE 0.00 LF $ 190.55 $ 0.00
2 30” DIA. RC STORM SEWER PIPE 198.00 LF $ 83.35 $ 16,503.30
3 24” DIA. RC STORM SEWER PIPE 877.00 LF $ 69.25 $ 60,732.25
4 18” DIA. RC STORM SEWER PIPE 40.00 LF $ 55.75 $ 2,230.00
5 48” FES 0.00 EA $ 2,182.00 $ 0.00
6 24” FES 1.00 EA $ 916.30 $ 916.30
7 18” FES 2.00 EA $ 756.35 $ 1,512.70
8 INLET STRUCTURE 6.00 EA $ 4,442.45 $ 26,654.70
9 MANHOLE STRUCTURE 2.00 EA $ 3106.65 $ 6,213.30
10 REMOVE AND REPLACE GRAVEL DRIVEWAY 31.36 TN $ 35.80 $ 1,122.69
11 REMOVE CONCRETE AND REPLACE WITH 47B HIGH
EARLY CONCRETE 31.00 SY $ 81.45 $ 2,524.95
12 REMOVE ASPHALT & REPLACE WITH 6” CONCRETE 107.00 SY $ 59.55 $ 6,371.85
13 REMOVE AND REPLACE SECURITY FENCE 60.00 LF $ 25.40 $ 1,524.00
14 REMOVE AND REPLACE LETDOWN STRUCTURE 2.00 EA $ 712.85 $ 1,425.70
15 BUILD SILT FENCE 495.00 LF $ 7.60 $ 3,762.00
16 SEEDING 2715.00 SY $ 1.70 $ 4,615.50
17 EARTHWORK (CUT)170.00 CY $ 9.40 $ 1,598.00
18 EARTHWORK (FILL)175.00 CY $ 20.40 $ 3,570.00
19 REMOVE CULVERT 335.00 LF $ 7.30 $ 2,445.50
20 REMOVE TREE 2.00 EA $ 865.00 $ 1,730.00
$ 145,452.74
Grand Island Council Session - 7/28/2015 Page 108 / 168
Change Order No. 1
CO1
-1 30” FLARED END SECTON 1.00 LS $ 1,500.00 $ 1,500.00
CO1
-2 NEW WATER SERVICE 1.00 LS $ 3,100.00 $ 3,100.00
$4,600.00
THE DIAMOND ENGINEERING COMPANY = $ 150,052.74
Item ADDITIONAL DISTRICT COSTS
Olsson Associates Engineering $ 30,545.00
The Grand Island Independent Advertising $ 89.58
Hall County Register of Deeds Filing Fees $ 28.00
Subtotal Additional District Costs = $ 30,662.58
Total Costs - $180,715.32
I hereby recommend that the Engineer’s Certificate of Final Completion for Westgate Drainage Improvements;
District No. 2013-D-4 be approved.
_______________________________________________________________________________
John Collins, PE - City Engineer/Public Works Director Jeremy L. Jensen – Mayor
Grand Island Council Session - 7/28/2015 Page 109 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-194
WHEREAS, the City Engineer/Public Works Director for the City Of Grand
Island has issued a Certificate of Completion for Westgate Drainage Improvements; District No.
2013-D-4, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under
contract, has completed the paving project; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The Certificate of Final Completion for Westgate Drainage Improvements;
District No. 2013-D-4, in the amount of $150,052.74 is hereby confirmed.
2.The City Council will sit as a Board of Equalization on August 25, 2015 to
determine benefits and set assessments for Westgate Drainage Improvements;
District No. 2013-D-4.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 110 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-14
#2015-195 - Approving Designating Portions of the East Side of
Custer Avenue, North of Faidley Avenue, as No Parking
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 111 / 168
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:July 28, 2015
Subject:Approving Designating Portions of the East Side of
Custer Avenue, North of Faidley Avenue, as No Parking
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required to designate No Parking on any public street.
A request was submitted by a concerned citizen to eliminate parking further north of the
shared driveway to the Grand Island Clinic and Internal Medical Associates on the east
side of Custer Avenue. When cars are parked in this section of Custer Avenue it is
difficult to see southbound traffic coming from the north side of this area, making a left
turn out of this driveway dangerous.
Discussion
The Public Works Department reviewed traffic flows and safety in this area and
recommends parking on the east side of Custer Avenue be removed adjacent to 727 - 729
North Custer Avenue, as noted on the attached sketch. Parking is prohibited both north
and south of this area currently. Removing such parking will provide for safer left turns
out of the shared driveway from the Grand Island Clinic and Internal Medical Associates.
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 - 7/28/2015 Page 112 / 168
Recommendation
City Administration recommends that the Council approve the resolution designating a
portion of the east side of Custer Avenue, north of Faidley Avenue, as No Parking.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 7/28/2015 Page 113 / 168
' ,7.;
&4#90$; /5161
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Grand Island Council Session - 7/28/2015 Page 114 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-195
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, due to safety issues, the Public Works Department is requesting No
Parking be allowed along the east side of Custer Avenue adjacent to 727 – 729 North Custer
Avenue; 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 along the east side of Custer Avenue
adjacent to 727 – 729 North Custer Avenue.
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs and pavement markings as necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 115 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-15
#2015-196 - Approving Bid Award for Sterling Park Site
Development – 2015
Staff Contact: Todd McCoy
Grand Island Council Session - 7/28/2015 Page 116 / 168
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:July 28, 2015
Subject:Bid Award for Sterling Park Site Development - 2015 for
Sterling Estates Park
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
In 2008 the City of Grand Island purchased a 6.8 acre parcel of land located within the
Sterling Estates development site in the northwestern area of Grand Island for designation
for a future park.
The park is estimated to be completed in four phases of development over the course of
four years. This phase of the development is to construct a concrete sidewalk and
concrete trail.
Discussion
On July 11, 2015 the bid was advertised for the Sterling Park Site Development - 2015.
One firm responded to the bid.
Diamond Engineering Co., Grand Island, Nebraska $92,686.63
Staff recommends awarding the bid to Diamond Engineering Co. for the Sterling Park
Site Development – 2015 for the Sterling Estates Park development site. The project will
be funded by the Sterling Estates Park Development Capital Account 40044450-90029.
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 - 7/28/2015 Page 117 / 168
Recommendation
City Administration recommends that the Council award the bid to Diamond Engineering
Co. from Grand Island, Nebraska for Sterling Park Site Development – 2015 for the
Sterling Estates Park development site.
Sample Motion
Move to approve the bid from Diamond Engineering Co. for Sterling Park Site
Development – 2015 at Sterling Estates Park for a total of $92,686.63.
Grand Island Council Session - 7/28/2015 Page 118 / 168
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:July 21, 2015 at 2:00 p.m.
FOR:Sterling Park Site Development - 2015
DEPARTMENT:Parks & Recreation
ESTIMATE:$130,000.00
FUND/ACCOUNT:40044450-90029
PUBLICATION DATE:July 11, 2015
NO. POTENTIAL BIDDERS:7
SUMMARY
Bidder:Diamond Engineering Co.
Grand Island, NE
Exceptions:None0
Bid Price:$92,686.63
Alternate “A”:$44,840.84
cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent
P1825
Grand Island Council Session - 7/28/2015 Page 119 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-196
WHEREAS, the City of Grand Island invited sealed bids for the Sterling Park Site
Development - 2015, according to plans and specifications on file with the Parks and Recreation
Department; and
WHEREAS, on July 21, 2015, one (1) bid was received, opened and reviewed;
and
WHEREAS, Diamond Engineering Co., from Grand Island, Nebraska submitted a
bid in accordance with the terms of the advertisement of bids, plans and specifications and all
other statutory requirements contained therein, such bid being in the amount of $92,686.63.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Diamond Engineering Co.
from Grand Island, Nebraska in the amount of $92,686.63 for the Sterling Park Site
Development - 2015 is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 120 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item G-16
#2015-197 - Approving Bid Award for Sterling Estates Park
Furnishing & Installation of Irrigation System
Staff Contact: Todd McCoy
Grand Island Council Session - 7/28/2015 Page 121 / 168
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:July 28, 2015
Subject:Bid Award for Furnishing and Installation of Irrigation
System for Sterling Estates Park
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
In 2008 the City of Grand Island purchased a 6.8 acre parcel of land located within the
Sterling Estates development site in the northwestern area of Grand Island for designation
for a future park.
The park is estimated to be completed in four phases of development over the course of
four years.
Discussion
On July 11, 2015 the bid was advertised for the Furnishing and Installation of Irrigation
System. Two firms responded to the bid.
Tilley Sprinklers & Landscaping, Grand Island, Nebraska $33,337.00
Precision Sprinklers, Hastings, Nebraska $40,000.00
Staff recommends awarding the bid to Tilley Sprinklers & Landscaping to provide the
Furnishing and Installation of Irrigation System to the Sterling Estates Park development
site. The project will be funded by the Sterling Estates Park Development Capital
Account 40044450-90029.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
Grand Island Council Session - 7/28/2015 Page 122 / 168
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the bid to Tilley Sprinklers &
Landscaping from Grand Island, Nebraska to provide the Furnishing and Installation of
Irrigation System for the Sterling Estates Park development site.
Sample Motion
Move to approve the bid from Tilley Sprinklers & Landscaping to Furnish and Install
Irrigation System at Sterling Estates Park for a total of $33,337.00.
Grand Island Council Session - 7/28/2015 Page 123 / 168
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:July 21, 2015 at 2:15 p.m.
FOR:Sterling Estates Park Furnishing & Installation of Irrigation System
DEPARTMENT:Parks & Recreation
ESTIMATE:$70,000.00
FUND/ACCOUNT:40044450-90029
PUBLICATION DATE:July 11, 2015
NO. POTENTIAL BIDDERS:5
SUMMARY
Bidder:Tilley Sprinklers & Landscaping Precision Sprinklers
Grand Island, NE Hastings, NE
Exceptions:None None
Bid Price:$33,337.00 $40,000.00
cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent
P1826
Grand Island Council Session - 7/28/2015 Page 124 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-197
WHEREAS, the City of Grand Island invited sealed bids for the Furnishing &
Installation of Irrigation System at Sterling Estates Park, according to plans and specifications on
file with the Parks and Recreation Department; and
WHEREAS, on July 21, 2015, two (2) bids were received, opened and reviewed;
and
WHEREAS, Tilley Sprinklers & Landscaping from Grand Island, Nebraska
submitted a bid in accordance with the terms of the advertisement of bids, plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $33,337.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Tilley Sprinklers &
Landscaping from Grand Island, Nebraska in the amount of $33,337.00 for Furnishing &
Installation of Irrigation System at Sterling Estates Park is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 125 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-1
#2015-198 - Consideration of Request from McKenney’s Pub, LLC
dba, McKinney’s Irish Pub, 123 West 3rd Street for a Class “I”
Liquor License and Liquor Manager Designation for Joel
Schossow, 5970 Gunnison Court, Lincoln, NE
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 126 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-198
WHEREAS, an application was filed by McKenney’s Pub, LLC doing business as
McKinney’s Irish Pub, 123 West 3rd Street for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on July 18, 2015; such publication cost being $16.77; and
WHEREAS, a public hearing was held on July 28, 2015 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of Joel Schossow,
5970 Gunnison Court, Lincoln, NE as liquor manager of such business
contingent upon completing a state approved alcohol server/seller
program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 127 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-2
#2015-199 - Consideration of Request from Shopko Stores
Operating Co., LLC dba, Shopko #38, 2208 North Webb Road for
a Class “B” Liquor License and Liquor Manager Designation for
James Larson, 17212 U Street, Omaha, NE
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: RaNae Edwards
Grand Island Council Session - 7/28/2015 Page 128 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-199
WHEREAS, an application was filed by Shopko Stores Operating Co., LLC doing
business as Shopko #38, 2208 North Webb Road for a Class "B" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on July 18, 2015; such publication cost being $16.77; and
WHEREAS, a public hearing was held on July 28, 2015 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____The City of Grand Island hereby recommends approval of James Larson,
17212 U Street, Omaha, NE as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 129 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-3
#2015-200 - Consideration of Approving FY 2015-2016 Annual
Budget for Downtown Business Improvement District 2013 and
setting Date for Board of Equalization
Staff Contact: William Clingman, Interim Finance Director
Grand Island Council Session - 7/28/2015 Page 130 / 168
Council Agenda Memo
From:William Clingman, Interim Finance Director
Meeting:July 28, 2015
Subject:Approving FY 2015-2016 Annual Budget for Downtown
Business Improvement District 2013 and setting Date for
Board of Equalization
Presenter(s):William Clingman, Interim Finance Director
Background
On August 13, 2013, the City Council adopted Ordinance #9435 creating Downtown
Business Improvement District 2013. The creating ordinance established the purpose of
the District, described the boundaries, and established that real property in the area would
be subject to a special assessment to support the purposes of the District. The creating
Ordinance requires that a proposed budget for the District be approved by the BID Board
and forwarded to the City Council for consideration. On July 2, 2015 the Downtown BID
Board met and approved the 2015-2016 budget which provides for special assessments in
the amount of $95,481.
Discussion
In this district, assessments are paid by property owners based on the valuation of land
and real property in the district as of January 1 of the current year. No personal property
is figured into the assessment. Owners are billed for the assessment on October 1 of each
fiscal year. The total taxable value for the district as of January 1, 2014 was $31,564,935
which for budgeted assessments of $95,481 gives a levy of .302491 per $100 of real
property. Downtown Beautification, Retention and Recruitment, and Maintenance are the
areas of proposed work to be performed by the BID. The appropriations for 2015-2016
also include a City fee of $4,600 for accounting services. A copy of the proposed 2015-
2016 budget is attached for review.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 7/28/2015 Page 131 / 168
1.Approve the 2015-2016 Budget for the Downtown BID 2013 and set the date
for the Board of Equalization.
2.Modify the budget and/or reschedule the Board of Equalization.
Recommendation
City Administration recommends that the Council approve the 2015-2016 Budget for the
Downtown BID 2013 and set the date of September 8, 2015 for the Board of
Equalization. Notice of the Hearing and proposed assessments will be published
according to State Statutes.
Sample Motion
Move to approve the 2015-2016 Budget for the Downtown BID 2013 and set the date of
September 8, 2015 for the Board of Equalization.
Grand Island Council Session - 7/28/2015 Page 132 / 168
Created for 5 years through 09/30/2018
1st Yr $90,000 Annual increase CPI or 3%
Actual Revenue Thru 09/30/2011
2012 2013 2014 2015 2015 2016
Actuals Actuals Actuals Budget Projected Budget
REVENUE 94011414
Account
74140 Special Asessments 88,433 87,501 88,229 92,700 92,700 95,481
74736 Donations & Contribution 19,500 - 3,975 12,500
74795 Other Revenue 47,597 8,750 30,000 85,000 85,000 75,000
74787 Interest 62 64 27 50 50 50
TOTAL REVENUE 155,592 96,316 122,232 177,750 177,750 183,031
APPROPRIATIONS
Account
85105 Salaries - 30,100 34,400 33,250 33,250 36,000
85115 FICA - 2,379 2,782 2,800 2,800 3,000
85165 Unemployment State of NE - 218 0 460 460 500
85207 Events - - - - - 9,650
85213 Contract Services 71,726 24,678 14,155 16,000 16,000 16,000
85245 Printing & Binding Services 1,457 345 565 700 700 3,500
85249 Snow & Ice Removal 231 570 510 600 600 600
85290 Other Professional Services 26,098 2,822 4,752 5,000 5,000 10,400
85305 Utility Services 1,798 1,760 1,551 2,000 2,000 2,000
85325 Repairs & Maint. 3,444 1,222 1,487 1,000 1,000 1,000
85340 Office Rent - - - - - 5,400
85413 Postage 610 711 474 800 800 800
85416 Advertising 2,870 4,014 17,821 7,850 7,850 7,850
85419 Legal Notices 1,965 4,010 1,901 2,200 2,200 2,000
85422 Dues & Subscriptions 3,450 1,000 4,100 3,250 3,250 2,350
85428 Travel & Training 150 2,023 45 700 700 500
85490 Other Expenditures 1,107 695 52,634 100,000 100,000 75,000
85505 Office Supplies 161 533 170 300 300 6,500
85560 Trees & Shrubs 3,816 19,264 5,369 7,800 7,800 2,000
85561 Mowing, Fertilizing, Planters - 13,342 2,335 8,500 8,500 9,000
85590 Other General Supplies 647 996 1,344 750 750 1,400
85608 Land Improvements 21,262 - - - -
TOTAL OPERATING EXPENSE 140,793 110,680 146,395 193,960 193,960 195,450
ANNUAL EXCESS/(LOSS)14,800 (14,364) (24,163) (16,210) (16,210) (12,419)
Downtown BID
FY 2013-2018
Grand Island Council Session - 7/28/2015 Page 133 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-200
WHEREAS, the City Council has considered the proposed budget of the
Downtown Business Improvement District 2013 for the fiscal year 2015-2016; and
WHEREAS, the City has received the assessed values of the individual properties
within the Downtown Business Improvement District 2015 as shown in the office of the Hall
County Assessor in effect on the first day of January, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The budget for the Downtown Business Improvement District 2013 is hereby
considered.
2.A proposed assessment schedule shall be prepared.
3.A hearing before the City Council sitting as a Board of Equalization on the
proposed assessments shall be held on September 8, 2015 at 7:00 p.m. in the City
Council chambers of City Hall 100 East First Street, Grand Island NE.
4.Notice of hearing shall be published once each week for three consecutive weeks
in accordance with the Business Improvement District Act.
5.Notice of hearing shall be mailed to all property owners of the Downtown
Business Improvement District 2013 by U.S. Mail, postage prepaid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 134 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-4
#2015-201 - Consideration of Approving FY 2015-2016 Annual
Budget for Fonner Park Business Improvement District from
Stolley Park Road to Fonner Park Road, and setting Date for
Board of Equalization
Staff Contact: William Clingman, Interim Finance Director
Grand Island Council Session - 7/28/2015 Page 135 / 168
Council Agenda Memo
From:William Clingman, Interim Finance Director
Meeting:July 28, 2015
Subject:Approving FY 2015-2016 Annual Budget for Fonner
Park Business Improvement District from Stolley Park
Road to Fonner Park Road, and setting Date for Board of
Equalization
Presenter(s):William Clingman, Interim Finance Director
Background
On August 13, 2013 the City Council adopted Ordinance #9437 creating Fonner Park
Business Improvement District (BID) 2013 from Stolley Park Road to Fonner Park Road.
The ordinance established the purpose of the District, described the boundaries, and
established that real property in the area would be subject to a special assessment to
support the purposes of the District. The creating Ordinance requires that a proposed
budget for the District be approved by the BID Board and forwarded to the City Council
for consideration. On July 23, 2015 the Fonner Park BID 2013 Board met and approved
the 2015-2016 Budget which provides for special assessments in the amount of $8.00 per
front footage for a total of $39,592 for the 4,949 front footage.
Discussion
The majority of the appropriations in the proposed budget of $59,725 are for the upkeep
of sprinkler systems, maintenance of green spaces, and snow removal along their portion
of the South Locust corridor. The appropriations for 2015-2016 also include a City fee of
$1,200 for accounting services. A copy of the proposed 2015-2016 budget is attached for
review.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the 2015-2016 Budget for Fonner Park BID 2013 and set the
date for the Board of Equalization.
2.Modify the budget and/or reschedule the Board of Equalization.
Grand Island Council Session - 7/28/2015 Page 136 / 168
Recommendation
City Administration recommends that the Council approve the 2015-2016 Budget for the
Fonner Park BID 2013 and set the date of September 8, 2015 for the Board of
Equalization. Notice of the Hearing and proposed assessments will be published
according to State Statutes.
Sample Motion
Move to approve the 2015-2016 Budget for the Fonner Park BID 2013 and set the date of
September 8, 2015 for the Board of Equalization.
Grand Island Council Session - 7/28/2015 Page 137 / 168
Fonner Park BID
Budgeted Revenue through 09/30/2016
2015 2016
Budget Budget
ASSESSMENT PER FRONT FOOTAGE $8.00 $8.00
Front Footage 4,949 4,949
$39,592 $39,592
REVENUE 94011413
Account
Planned Carry Over from 2014/2015 $20,000
74140 Special Asessments 39,592 $39,592
74787 Interest Revenue
74795 Other Revenue 642 $134
TOTAL REVENUE 40,234 $59,726
APPROPRIATIONS
Account
85213 Contract Services 28,000 29,000
85245 Printing & Binding Services 100 100
85249 Snow & Ice Removal 1,500 2,500
85305 Utility Services 5,000 5,000
85319 Repair & Maint - Land Improve. 2,000 15,000
85413 Postage 250 250
85416 Advertising
85419 Legal Notices 500 500
85490 Other Expenditures 1,750 1,675
85505 Office Supplies 100 100
85560 Trees and Shrubs 900 5,500
85590 Other General Supplies 100
TOTAL OPERATING EXPENSE 40,100 59,725
ANNUAL EXCESS/(LOSS)134 1
Grand Island Council Session - 7/28/2015 Page 138 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-201
WHEREAS, the City Council has considered the proposed budget of the Fonner
Park Business Improvement District 2013 for the fiscal year 2015-2016; and
WHEREAS, the City has received the assessed values of the individual properties
within Fonner Park Business Improvement District 2013 as shown in the office of the Hall
County Assessor in effect on the first day of January, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The budget for Fonner Park Business Improvement District 2013 is hereby
considered.
2.A proposed assessment schedule shall be prepared.
3.A hearing before the City Council sitting as a Board of Equalization on the
proposed assessments shall be held on September 8, 2015 at 7:00 p.m. in the City
Council chambers of City Hall 100 East First Street, Grand Island NE.
4.Notice of hearing shall be published once each week for three consecutive weeks
in accordance with the Fonner Park Business Improvement District 2013.
5.Notice of hearing shall be mailed to all property owners of the Fonner Park
Business Improvement District 2013 by U.S. Mail, postage prepaid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 139 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-5
#2015-202 - Consideration of Approving FY 2015-2016 Annual
Budget for the South Locust Business Improvement District 2013
from Stolley Park Road to Highway 34, and setting Date for Board
of Equalization
Staff Contact: William Clingman, Interim Finance Director
Grand Island Council Session - 7/28/2015 Page 140 / 168
Council Agenda Memo
From:William Clingman, Interim Finance Director
Meeting:July 28, 2015
Subject:Approving FY 2015-2016 Annual Budget for the South
Locust Business Improvement District 2013 from Stolley
Park Road to Highway 34, and setting Date for Board of
Equalization
Presenter(s):William Clingman, Interim Finance Director
Background
On August 13, 2013 the City Council adopted Ordinance #9438 creating the South
Locust Business Improvement District (BID) 2013, South Locust Street from Stolley
Park Road to Highway 34. The creating ordinance establishes the purpose of the District,
describes the boundaries, and establishes that real property in the area would be subject to
a special assessment to support the purposes of the District. The creating Ordinance
requires that a proposed budget for the District be approved by the BID Board and
forwarded to the City Council for consideration. On July 22, 2015 the South Locust BID
2013 Board met and approved the 2015-2016 Budget which provides for special
assessments in the amount of $7.25 per front footage for a total of $71,152 for the 9,814
front footage.
Discussion
The majority of the proposed appropriations budget of $84,650 is to be used for the
maintenance of frontage areas along the South Locust Street portion of their district. The
appropriations for 2015-2016 also include a City fee of $1,800 for accounting services. A
copy of the proposed 2015-2016 budget is attached for review.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the 2015-2016 Budget for the South Locust BID 2013 and set the
date for the Board of Equalization.
2.Modify the budget and/or reschedule the Board of Equalization.
Grand Island Council Session - 7/28/2015 Page 141 / 168
Recommendation
City Administration recommends that the Council approve the 2015-2016 Budget for the
South Locust BID 2013 and set the date of September 8, 2015 for the Board of
Equalization. Notice of the Hearing and proposed assessments will be published
according to State Statutes.
Sample Motion
Move to approve the 2015-2016 Budget for the South Locust BID 2013 and set the date
of September 8, 2015 for the Board of Equalization.
Grand Island Council Session - 7/28/2015 Page 142 / 168
South Locust BID
Budgeted Revenue Thru 09/30/2016
2015 2015 2016
Budget Projected Budget
Front Footage 9,814 9,814
$7.15 $7.25
Budgeted Revenue 70,170$ 68,000$ 71,152$
REVENUE 94011412
Account
Planned Carry Over $13,500
74140 Special Asessments $70,170 $71,152
74787 Interest Revenue $0 $0
74795 Other Revenue $0 $0
TOTAL REVENUE $70,170 $68,000 $84,652
APPROPRIATIONS
Account
85213 Contract Services $37,000 $37,000 $38,000
85245 Printing & Binding Services
85249 Snow & Ice Removal $2,000 $4,150 $2,000
85290 Other Professional & Tech.
85305 Utility Services $7,000 $5,000 $7,000
85319 Repair & Maint - Land Improv $18,680 $8,000 $30,150
85325 Repair & Maint - M & E
85390 Other Property Services
85413 Postage $250 $250 $250
85416 Advertising
85419 Legal Notices $750 $100 $750
85490 Other Expenditures $1,500 $0 $1,000
85505 Office Supplies
85560 Trees & Shrubs $2,000 $0 $4,000
85590 Other General Supplies
85608 Land Improvements $1,500 $0 $1,500
TOTAL OPERATING EXPENSE $70,680 $54,500 $84,650
ANNUAL EXCESS/(LOSS) (510) 2
Created for 3 years through 09/30/2016
Grand Island Council Session - 7/28/2015 Page 143 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-202
WHEREAS, the City Council has considered the proposed budget of the South
Locust Business Improvement District 2013 for the fiscal year 2015-2016; and
WHEREAS, the City has received the assessed values of the individual properties
within the South Locust Business Improvement District 2013 as shown in the office of the Hall
County Assessor in effect on the first day of January, 2015.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The budget for South Locust Business Improvement District 2013 is hereby
considered.
2.A proposed assessment schedule shall be prepared.
3.A hearing before the City Council sitting as a Board of Equalization on the
proposed assessments shall be held on September 8, 2015 at 7:00 p.m. in the City
Council chambers of City Hall 100 East First Street, Grand Island NE.
4.Notice of hearing shall be published once each week for three consecutive weeks
in accordance with the Business Improvement District Act.
5.Notice of hearing shall be mailed to all property owners of South Locust Business
Improvement District 2013 by U.S. Mail, postage prepaid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 144 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-6
#2015-203 - Consideration of Approving Intent to Use the
Remainder of Clean Water State Revolving Fund (CWSRF) Loan
Proceeds for Sanitary Sewer Collection System Improvements
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 7/28/2015 Page 145 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-203
WHEREAS, the City Council adopted Resolution No. 2013-150 on May 14,
2013, which declared the City’s official intent to issue bonds in a maximum principal amount of
$60,000,000 to finance Sanitary Sewer Collection System and Wastewater Treatment Plant
Improvements; and
WHEREAS, on June 10, 2014 by Resolution No. 2014-162 City Council
modified the official intent made in Resolution No. 2013-150 with respect to the principal
amount of debt expected to be issued to a maximum amount of $74,275,000, which debt is
expected to include up to $40,000,000 in principal amount of loan funds form the Clean Water
State Revolving Loan Fund program administered by the Nebraska Department of
Environmental Quality; and
WHEREAS, the Mayor and City Council of the City of Grand Island hereby find
and determine that it is necessary and appropriate to modify the official intent made in
Resolution No. 2013-150 further, to include Westwood Park Residential Subdivision and Lift
Station No. 20 Forcemain rehabilitation in the remainder of the Clean Water State Revolving
Loan Fund Program administered by the Nebraska Department of Environmental Quality; and
WHEREAS, this Resolution shall stand as a statement of the City’s official intent
under Regulation Section 1.150-2 of the regulations of the United States Treasury and shall
modify and not be in addition to the statement made in Resolution No.’s 2013-150 nor 2014-162,
and for such purposes the following information is hereby given:
1.A general functional description of the projects for which expenditures may be
made and reimbursement from debt proceeds provided is as follows:
Sanitary Sewer Collection System and Wastewater Treatment Plant
Improvements
Westwood Park Residential Subdivision and Lift Station No. 20 Forcemain
rehabilitation.
2.The maximum principal amount of debt expected to be issued for such projects is
$74,275,000, which debt is expected to include up to $40,000,000 in principal
amount of loan funds form the Clean Water State Revolving Loan Fund program
administered by the Nebraska Department of Environmental Quality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the declaration of intent to issue debt
to reimburse expenses resulting from the Wastewater Capital Improvements is hereby approved.
- - -
Grand Island Council Session - 7/28/2015 Page 146 / 168
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 147 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item I-7
#2015-204 - Consideration of Approving GITV High Definition
Studio Upgrade
Staff Contact: Jeremy Watson
Grand Island Council Session - 7/28/2015 Page 148 / 168
Council Agenda Memo
From:Jeremy Watson – Grand Island Television Manager
Meeting:July 28, 2015
Subject:GITV Control Center HD Upgrade (Phase III)
Presenter(s):Wendy Meyer – Public Information Officer
Background
Throughout the last two years Grand Island Television (GITV) has undergone strategic
phases to bring its programming from analog to a digital platform, as well as transitioning
from standard definition to high definition (HD) programming.
Phase one was the purchase of two HD studio/field production cameras giving GITV the
ability to produce in HD. Phase two was a capital improvement project bringing the over-
the-air signal compliant with Federal Communications Commission (FCC) regulations,
which now broadcasts a digital over-the-air signal on channel 50.1.
Discussion
GITV is now ready for phase three of this transition which includes a full television
control center HD upgrade. This phase will require a comprehensive engineering plan, a
detailed equipment list, along with eventual implementation services and scheduling.
In the request for qualifications process, GITV received one submission, AVI Systems,
Omaha, NE. GITV has worked with AVI Systems over the last 10 years on numerous
projects and would again recommend their business to lead the engineering and hardware
purchasing of the phase three GITV HD upgrade project.
City Council approved budgeting authority for this project during the 2014-15 budget
process of approximately $100,000.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 7/28/2015 Page 149 / 168
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve this contract as submitted, by
AVI Systems, Omaha, NE.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 7/28/2015 Page 150 / 168
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR QUALIFICATIONS
FOR
GITV HIGH DEFINITION STUDIO UPGRADE
RFP DUE DATE:May 14, 2015 at 4:15 p.m.
DEPARTMENT:GITV
PUBLICATION DATE:May 6, 2015
NO. POTENTIAL BIDDERS:3
SUMMARY OF PROPOSALS RECEIVED
AVI Systems
Omaha, NE
cc:Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Jeremy Watson, GITV Technician
Wendy Meyer, PIO
P1818
Grand Island Council Session - 7/28/2015 Page 151 / 168
Printed on 7/21/2015 Page 1 of 7 02-024-002696.5
Retail Sales Agreement
Proposal Number: 02-024-002696.5
5055 South 111th Street
Omaha, NE 68137
Phone: (402) 593-6500
Fax: (402) 593-8500
Bill To Ship To Project Location
Attn: Accounts Payable
City of Grand Island
100 East 1st Street
Grand Island, NE 68801
Phone: (308) 385-5444x310
Email: jeremyW@grand-island.com
Customer Number: 633
Attn: Kevin Wagner
AVI Systems
5055 South 111th Street
Omaha, NE 58137
Phone: (402) 593-6500
Email:
Attn: Jeremy Watson
City of Grand Island
100 East 1st Street
Grand Island, NE 68801
Phone: (308) 385-5444x310
Email: jeremyW@grand-island.com
Date: July 21, 2015 OE#:Sales Rep: Guy Sauer - 24
Customer PO#: Terms: Net 30 Ship Via: Ground Freight Terms: Prepaid and Add
Project #:Project Manager:Eng Approved By:
Comments: Full HD Upgrade - Master Control – Part 1.
Products and Services Summary
Equipment Contract $60,882.00
Integration Contract $38,830.00
Pro Support Contract Currently Covered
Freight $288.00
Tax See Terms
Grand Total $100,000.00
The prices quoted reflect a discount for a cash payment (i.e., check, wire transfer) made by Customer in full within Net 30 days of each invoice.
Discount only applies to new items included on the invoice, and only applies if the balance on the invoice is paid in full. All returned equipment is subject to a restocking charge.
Invoicing
AVI uses progress billing, and invoices for equipment allocated to the contract when it is received by AVI. Unless otherwise specified, all items
quoted (goods and services) as well as applicable out of pocket expenses (permits, licenses, shipping, etc.) are invoiced in detail (including
applicable sales taxes due for each category of invoiced items) on a monthly basis, with payment in full required within Net 30 days of the date of
the invoice. Customer is to make payments to the following “Remit to” address:
AVI Systems
NW8393 PO Box 1450
Minneapolis, MN 55485-8393.
Full payment is due before any support coverage or prepaid block begins. Overdue balances are subject to a finance charge of 1.5% per month,
or interest at the highest rate permitted by applicable law. In the event AVI must pursue collection of unpaid invoices, Customer agrees to pay all
of AVI’s costs of collection, including its attorneys’ fees.
Taxes and Delivery
Unless stated otherwise in the "Products and Services Summary" above, AVI will add and include all applicable taxes, permit fees, license fees,
and delivery charges to the amount of each invoice. Taxes will be calculated according to the state law(s) in which the product(s) and/or
service(s) are provided. Customer should provide a valid tax exemption certificate for any tax exemption(s) claimed, otherwise AVI shall invoice
for and collect all applicable taxes in accordance with state law(s).
Agreement of Quotation and Contract Formation
Customer hereby accepts the above quote for goods and/or services from AVI. When duly executed and returned to AVI, AVI's Credit Department
will check Customer's credit and approve the terms. After approval by AVI's Credit Department and signature by AVI, this Retail Sales Agreement will, together with the AVI General Terms & Conditions which are attached form a binding agreement between Customer and AVI. (This Retail
Sales Agreement and the AVI General Terms & Conditions are referred to collectively as the “Agreement”). Should AVI's Credit Department
determine at any point prior to AVI commencing work that Customer’s credit is not adequate, or should it otherwise disapprove of the commercial
terms, AVI reserves the right to terminate the Agreement without cause and without penalty to AVI.
AGREED AND ACCEPTED BY:
Customer:AVI Systems, Inc
Signature:Signature:
Grand Island Council Session - 7/28/2015 Page 152 / 168
Printed on 7/21/2015 Page 2 of 7 02-024-002696.5
Printed Name:Printed Name:
Date:Date:
Grand Island Council Session - 7/28/2015 Page 153 / 168
Printed on 7/21/2015 Page 3 of 7 02-024-002696.5
Products and Services Detail
Cameras
Line #Model #Type Mfg Description Qty List Discounted Extended
1 999-6125-000W Equ VADDIO WallVIEW PRO HE120 - White 4 $9,995.00 $9,392.00 $37,568.00
Cameras Subtotal $37,568.00
Production Switcher
Line #Model #Type Mfg Description Qty List Discounted Extended
2 Granite Equ BroadcastPix 3RU Granite Switcher and 2RU
Granite Server, with redundant
power on both. Switcher has 11
HD/SD SDI inputs, 2 channel clips,
2 channels animations, and 4
channels graphics. Outputs 6
HD/SD SDI, 2 DVI, and provides 4
output types, including: program,
preview, clean feed, PowerAuxA
and B, and (on 2M/E models) M/E
outputs. 6 Keyers. 6 DVEs for PiP
(4 on 2M/E). 500GB Clip store
holds up to 60 hours of H.264,
ProRes and DNxHD clips. Harris
GS CG. Fluent-View monitoring is
customizable on 2 monitors with
inputs, file libraries, keys, 4
outputs, clocks and touch-screen
enabled. Fluent Macros automate
effects with switcher and file
recalls. Virtual Sets with easy set
creation, except on 2M/E systems.
Network file-based workflow with
Fluent Watchfolders. 3 panel
licenses for physical and
SoftPanels. Device control of AJA
recorders, Blackmagic HyperDeck
Studios and ViewCast streamers.
Minimal constant system delay.
V4.0 software with ClearKey
chromakeyer. Ships with
keyboard, mouse, and owners
manual. Monitors not included. All
new systems shipping prior to the
release of Version 4 will receive a
free upgrade.
1 $25,800.00 $23,314.00 $23,314.00
Production Switcher Subtotal $23,314.00
Implementation
Line #Model #Type Mfg Description Qty List Discounted Extended
3 AVICBLCON Int AVI TECH SERV Cable / Connectors 1 -$4,433.00 $4,433.00
4 AVIMATRLS Int AVI TECH SERV Materials & Hardware 1 -$712.00 $712.00
5 AVIONSITE Int AVI TECH SERV Onsite Integration 1 -$17,069.00 $17,069.00
6 AVISWCONFIG Int AVI TECH SERV Software Configuration 1 -$2,530.00 $2,530.00
7 AVIPROJMGMT Int AVI TECH SERV Project Management 1 -$1,530.00 $1,530.00
8 AVITRAIN Int AVI TECH SERV Training 1 -$824.00 $824.00
Implementation Subtotal $27,098.00
Design/Engineering
Grand Island Council Session - 7/28/2015 Page 154 / 168
Printed on 7/21/2015 Page 4 of 7 02-024-002696.5
Line #Model #Type Mfg Description Qty List Discounted Extended
9 AVIENG Int AVI TECH SERV Engineering / CAD 1 -$11,732.00 $11,732.00
Design/Engineering Subtotal $11,732.00
Products and Services/Freight ($288) Total $100,000.00
Grand Island Council Session - 7/28/2015 Page 155 / 168
Printed on 7/21/2015 Page 5 of 7 02-024-002696.5
Services to be Provided
Integration Services Scope of Work
City of Grand Island would like to update their Master Control area to HD infrastructure.
AVI Systems will provide and install four new HD PTZ cameras, 16x16 HD-SDI router, and 16 input HD-SDI production switcher.
New HD-SDI monitors will be installed to monitor cameras and production switcher Preview and Program outputs. Two Dual 8" HD-SDI rack
mount monitors and two 17" HD-SDI monitors will be provided and installed.
There are a number of composite video sources and destinations to account for, which will require HD-SDI to composite, and composite to HD-
SDI converters.
An Engineering Agreement is included in this proposal to design the conversion from analog standard definition system to HD system.
NOTE - After engineering is completed, a complete equipment list will be generated. There may be additional equipment needed after
engineering is completed.
Streaming Solution
Customer would like to ability to have Council members view lectern presentations on their laptops.
AVI Systems will provide a streaming appliance in the Master Control area. The streaming appliance will be fed from the HD-SDI router.
Council members will view content by accessing the stream from the streaming appliance.
Customer would also like AVI Systems to install network connections at 16 Council member locations. The closet network closet is just behind
the Media Room.
A single gang wall plate with network connector will be installed at the 16 Council member locations.
NOTE - this contract does not make up the complete system for the scope of work
detailed above.
A contract amendment will be required to add the additional equipment and labor to
complete the designed system.
Integration Services Responsibilities
Integration Scope of Work/Responsibilities
AVI Systems, Inc will provide services/work for the project as described above in the Scope of Work or per the attached separate Scope of Work document detailing the scope of work to be performed.
AVI Systems, Inc Responsibilities
Provide equipment, materials and service items per the contract products and services detail.
Provide systems equipment integration and supervisory responsibility of the equipment integration.
Provide systems configuration, checkout and testing.
Provide project timeline schedules.Provide necessary information, as requested, to the owner or other parties involved with this project to insure that proper AC electrical
power and cableways and/or conduits are provided to properly integrate the equipment within the facilities. Provide manufacturer supplied equipment documentation.
Provide final documentation and “as built” system drawings (CAD) - if purchased.
Provide system training following integration to the designated project leader or team.
Customer Responsibilities
Provide for the construction or modification of the facilities for soundproofing, lighting, electrical, HVAC, structural support of equipment,
and decorating as appropriate. Includes installation of ceiling mounted projection screen.
Provide for the ordering, provisioning, installation, wiring and verification of any Data Network (LAN, WAN, T1, ISDN, etc.) and
Telephone Line (Analog or Digital) equipment and services prior to on-site integration.
Provide all necessary cableways and/or conduits required to facilitate AV systems wiring. Provide all necessary conduit, wiring and devices for technical power to the AV systems equipment.
Provide reasonable accesses of AVI Systems, Inc personnel to the facilities during periods of integration, testing and training, including
off hours and weekends.
Provide a secure area to house all integration materials and equipment.
Provide a project leader who will be available for consultation and meetings.
Provide timely review and approval of all documentation (Technical Reports, Drawings, Contracts, etc.).
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AVI Systems General Terms and Conditions of Sale
The following General Terms & Conditions of Sale (the “T&Cs”) in combination with a signed Retail Sales Agreement constitute a binding contract
(the “Agreement”) between AVI Systems, Inc. (“AVI”) and the entity identified on page one of the Retail Sales Agreement (the “Customer”). Any
terms and conditions set forth in any correspondence, purchase order or Internet based form from Customer to AVI which purport to constitute
terms and conditions which are in addition to those set forth in this Agreement or which attempt to establish conflicting terms and conditions to
those set forth in this Agreement are expressly rejected by AVI unless the same has been manually countersigned in wet ink by an Officer of AVI.
1. Changes In The Scope of Work – Where a Scope of Work is included with this Agreement, costs resulting from changes in the scope of this
project by the Customer, including any additional requirements or restrictions placed on AVI by the Customer or its representatives, will be added
to the contract price. When AVI becomes aware of the nature and impact of the change, a Contract Change Order will be submitted for review
and approval by the Customer before work continues. Where applicable, changes in the configuration of the Equipment described herein shall be
made in writing by submission of a Change Order document.
2. Ownership and Use of Documents and Electronic Data – Where applicable, drawings, specifications, other documents, and electronic data
furnished by AVI for the associated project under this Agreement are instruments of the services provided. AVI shall retain all common law,
statutory and other reserved rights, including any copyright in these instruments. These instruments of service are furnished for use solely with
respect to the associated project under this Agreement. The Customer shall be permitted to retain copies of any drawings, specifications, other
documents, and electronic data furnished by AVI for information and reference in connection with the associated project and for no other purpose.
3. Proprietary Protection of Programs – Where applicable this Agreement does not cause any transfer of title, or intellectual rights, in control
systems programs, or any materials produced in connection therewith, including any source code. Any applications or programs supplied by AVI
are provided, and are authorized for installation, execution, and use only in machine-readable object code form. This Agreement is expressly
limited to the use of the programs by the Customer for the equipment in connection with the associated project. Customer agrees that it will not
seek to reverse-engineer any program to obtain source codes, and that it will not disclose the programs source codes or configuration files to any
third party, without the written consent of AVI. The programs, source codes and configuration files, together with AVI' know-how and integration
and configuration techniques, furnished hereunder are proprietary to AVI, and were developed at its private expense. If Customer is a branch of
the United States government, for purposes of this Agreement any software furnished by AVI hereunder shall be deemed "restricted computer
software", and any data, including installation and systems configuration information, shall be deemed "limited rights data", as those terms are
defined in FAR 52.227-14 of the Code of Federal regulations.
4. Shipping and Taxes – The prices shown are F.O.B. manufacturer's plant. The Customer, in accordance with AVI’s current shipping and
billing practices, will pay all destination charges. In addition to the prices on this Agreement, the Customer agrees to pay amounts equal to any
sales tax invoiced by AVI, or (where applicable) any use or personal property taxes resulting from this Agreement or any activities hereunder.
Customer will defend and indemnify AVI for any claims for all unpaid taxes or for any sales tax exemption claimed by Customer.
5. Title – Where applicable, title to the Equipment passes to the Customer on the earlier of: (a) the date of shipment from AVI to Customer, or (b)
the date on which AVI transmits its invoice to Customer.
6. Security Interest – In addition to any mechanics' lien rights, the Customer, for value received, hereby grants to AVI a security interest under
the Minnesota commercial code together with the a security interest under the law(s) of the state(s) in which work is performed or equipment is
delivered. This security interest shall extend to all Equipment, plus any additions and replacements of such Equipment, and all accessories, parts
and connecting Equipment now or hereafter affixed thereto. This security interest will be satisfied by payment in full unless otherwise provided for
in an installment payment agreement. The security interest shall be security for all sums owed by Customer under this Agreement. A copy of this
Agreement may be filed as a financing statement with the appropriate authority at any time after signature of the Customer. Such filing does not
constitute acceptance of this Agreement by AVI
7. Risk of Loss or Damage – Notwithstanding Customer’s payment of the purchase price for Equipment, all risk of loss or damage shall transfer
from AVI to Customer upon transfer of Title to Customer. Customer shall be responsible for securing insurance on Equipment from this point
forward.
8. Receiving/Integration – Unless the Agreement expressly includes integration services by AVI, the Customer agrees to furnish all services
required for receiving, unpacking and placing Equipment in the desired location along with integration. Packaging materials shall be the property
of the Customer.
9. Equipment Warranties – To the extent AVI receives any warranties from a manufacturer on Equipment, it will pass them through to
Customer to the full extent permitted by the terms of each warranty. Factory warranties vary by manufacturer, and no additional warranties are
expressed or implied.
10. General Warranties – Each Party represents and warrants to the other that: (i) it has full right, power and authority to enter into and fully
perform its obligations under this Agreement, including without limitation the right to bind any party it purports to bind to this Agreement; (ii) the
execution, delivery and performance of this Agreement by that Party does not conflict with any other agreement to which it is a Party or by which
it is bound, and (iii) it will comply with all applicable laws in its discharge of its obligations under this Agreement. AVI warrants, for a period of 90
days from substantial completion, the systems integration to be free from defects in material and workmanship. CUSTOMER WARRANTS THAT
IT HAS NOT RELIED ON ANY INFORMATION OR REPRESENTATION PROVIDED BY OR ON BEHALF OF AVI WHICH IS NOT EXPRESSLY
INCLUDED IN THESE GENERAL TERMS AND CONDITIONS OR THE RETAIL SALES AGREEMENT. EXCEPT AS EXPRESSLY SET FORTH
HEREIN, AVI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE MATERIALS AND SERVICES PROVIDED BY
AVI, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND TITLE.
11. Indemnification – Customer shall defend, indemnify and hold harmless AVI against all damages, claims, liabilities, losses and other
expenses, including without limitation reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of
from (a) from any negligent act or omission of Customer, its agents, or subcontractors, (b) Customer's failure to fully conform to all laws,
ordinances, rules and regulations which affect the Agreement, or (c) Customer’s breach of this Agreement. If Customer fails to promptly
indemnify and defend such claims and/or pay AVI’s expenses, as provided above, AVI shall have the right to defend itself, and in that case,
Customer shall reimburse AVI for all of its reasonable attorneys' fees, costs and damages incurred in settling or defending such claims within
thirty (30) days of each of AVI’s written requests. AVI shall indemnify and hold harmless Customer against all damages, claims, liabilities, losses
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and other expenses, including without limitation reasonable attorneys' fees and costs, whether or not a lawsuit or other proceeding is filed, to the
extent that the same is finally determined to be the result of (a) any grossly negligent act or omission of AVI , its agents, or subcontractors, (b)
AVI’s failure to fully conform to any material law, ordinance, rule or regulation which affects the Agreement, or (c) AVI’s material breach of this
Agreement.
12. Remedies – Upon default as provided herein, AVI shall have all the rights and remedies of a secured party under the Minnesota commercial
code and under any other applicable laws. Any requirements of reasonable notice by AVI to Customer, or to any guarantors or sureties of
Customer shall be met if such notice is mailed, postage prepaid, to the address of the party to be notified shown on the first page of this
Agreement (or to such other mailing address as that party later furnishes in writing to AVI) at least ten calendar days before the time of the event
or contemplated action by AVI set forth in said notice. The rights and remedies herein conferred upon AVI, shall be cumulative and not alternative
and shall be in addition to and not in substitution of or in derogation of rights and remedies conferred by the Minnesota commercial code and
other applicable laws.
13. Limitation of Remedies for Equipment – AVI’s entire liability and the Customer's exclusive remedy shall be as follows: In all situations
involving performance or nonperformance of Equipment furnished under this Agreement, the Customer's remedy is the adjustment or repair of the
Equipment or replacement of its parts by AVI, or, at AVI option, replacement of the Equipment.
14. Limitation on Liability – The total liability of a AVI under this Agreement for any cause shall not exceed (either for any single loss or all
losses in the aggregate) the net amount actually paid by Customer to AVI under this Agreement during the twelve (12) month period prior to the
date on which AVI’s liability for the first such loss first arose.
15. No Consequential Damages – AVI SHALL NOT HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR
ORGANIZATION FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY
DESCRIPTION (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OR INTERRUPTION OF BUSINESS), WHETHER BASED ON
CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND IRRESPECTIVE OF THE NUMBER OR NATURE OF CLAIMS.
16. Acceleration of Obligations and Default – Payment in full for all “Equipment,” which is defined as all goods identified in the section of the
Agreement with the same title, as well for any and all other amounts due to AVI shall be due within the terms of the Agreement. Upon the
occurrence of any event of default by Customer, AVI may, at its option, with or without notice, declare the whole unpaid balance of any obligation
secured by this Agreement immediately due and payable and may declare Customer to be in default under this Agreement.
17. Choice of Law and Venue – This Agreement shall be governed by the laws of the State of Minnesota in the United States of America
without reference to or use of any conflicts of laws provisions therein. For the purpose of resolving conflicts related to or arising out of this
Agreement, the Parties expressly agree that venue shall be in the State of Minnesota in the United States of America only, and, in addition, the
Parties hereby consent to the exclusive jurisdiction of the federal and state courts located in Hennepin County, Minnesota in the United States of
America. The Parties specifically disclaim application (i) of the United Nations Convention on the International Sale of Goods, 1980, and (ii) of
Article 2 of the Uniform Commercial Code as codified. In the event AVI must take action to enforce its rights under the Agreement, the court shall
award AVI the attorney’s fees it incurred to enforce its rights under this Agreement.
18. General – Headings are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. The Parties
acknowledge and agree that this Agreement has been negotiated by the Parties and that each had the opportunity to consult with its respective
counsel, and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either Party based on
draftsmanship of the Agreement. This Agreement is not assignable by Customer without the prior written consent of AVI. Any attempt to assign
any of the rights, duties, or obligations of this Agreement without such consent is void. AVI reserves the right to assign this Agreement to other
parties in order to fulfill all warranties and obligations expressed herein, or upon the sale of all or substantially all of AVI’s assets or business. This
Agreement can only be modified by a written agreement duly signed by persons authorized to sign agreements on behalf of the Customer and of
AVI, and variance from the terms and conditions of the Agreement in any order or other written notification from the Customer will be of no effect.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. AVI is not responsible for any delay in, or failure to, fulfill its obligations
under this Agreement due to causes such as natural disaster, war, emergency conditions, labor strike, acts of terrorism, the substantial
inoperability of the Internet, the inability to obtain supplies, or any other reason or any other cause or condition beyond AVI’s reasonable control.
Except as agreed herein, AVI is not obliged to provide any services hereunder for Equipment located outside the United States or Puerto Rico.
Scheduled completion dates are subject to change based on material shortages caused by shortages in cable and materials that are industry
wide.
Grand Island Council Session - 7/28/2015 Page 158 / 168
avisystems.com
City of Grand Island
HD Upgrade
Guy Sauer
Grand Island Council Session - 7/28/2015 Page 159 / 168
avisystems.comavisystems.com
HD Upgrade Project
Phase 1 Studio Cameras (completed)
Phase 2 Broadcast System (completed)
Phase 3 Master Control Center and Council Chambers
Grand Island Council Session - 7/28/2015 Page 160 / 168
avisystems.comavisystems.com
Current System
•Analog Cameras
•Stand Definition Resolution
•Analog Cabling
•Analog Switching & Routing
New HD System
•Digital Cameras
•High Definition (HD) Resolution
•HD Cabling
•HD Switching & Routing
Master Control Center
Grand Island Council Session - 7/28/2015 Page 161 / 168
avisystems.comavisystems.com
Benefits of HD Upgrade
•Improved Image Quality
•Higher Resolution
•Format Supported by Manufacturers
•Compatible with Current Content Created in HD Format
Master Control Center
Grand Island Council Session - 7/28/2015 Page 162 / 168
avisystems.comavisystems.com
Current System
•Stand Definition Projector
•Stand Definition Resolution
•Analog Cabling
New HD System
•Two HD LED Displays
(West wall & East wall – above windows)
•High Definition Resolution
•HD Cabling
•Touch Screen Computer at Lectern
•Stream Meetings
Council Chambers
Grand Island Council Session - 7/28/2015 Page 163 / 168
avisystems.comavisystems.com
Benefits of HD Upgrade
•Improved Image Quality
•Improved Readability and Sight Lines
•Higher Resolution
•Format Supported by Manufacturers
•Compatible with Current Content Created in HD Format
•Compatible with New Computers with HD Connections
Council Chambers
Grand Island Council Session - 7/28/2015 Page 164 / 168
avisystems.comavisystems.com
HD Upgrade – Timing
Note – Doing Master Control Center and Council Chambers upgrades
at the same time will save costs.
If Master Control Center is upgraded, and Council Chambers is delayed,
interface equipment will be needed to convert HD content from
Master Control Center to display properly on the standard definition
system in the Council Chambers.
Once the Council Chambers is upgraded to HD, the interface
equipment will no longer be needed.
Grand Island Council Session - 7/28/2015 Page 165 / 168
avisystems.comavisystems.com
HD Upgrade
Master Control Center $138,854 ($100,000 considered tonight)
Council Chambers $24,496
Grand Island Council Session - 7/28/2015 Page 166 / 168
Approved as to Form ¤ ___________
July 24, 2015 ¤ City Attorney
R E S O L U T I O N 2015-204
WHEREAS, the City of Grand Island invited responses to a Request for
Qualifications for Engineering and Implementation Services for GITV Master Control High
Definition Upgrade Transition; and
WHEREAS, on May 14, 2015, submittals were received, opened and reviewed
for capabilities to implement and the ability to timely provide schematic drawings and cost
estimate for this transition; and
WHEREAS, AVI Systems, was found to hold the most applicable qualifications
and has submitted a contract for said services to be met and not to exceed $100,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the submitted contract to render
engineering and hardware purchasing in the successful transition of GITV to High Definition
Programming is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, July 28, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 7/28/2015 Page 167 / 168
City of Grand Island
Tuesday, July 28, 2015
Council Session
Item J-1
Approving Payment of Claims for the Period of July 15, 2015
through July 28, 2015
The Claims for the period of July 15, 2015 through July 28, 2015 for a total amount of $4,643,787.87. A
MOTION is in order.
Staff Contact: William Clingman
Grand Island Council Session - 7/28/2015 Page 168 / 168