11-10-2015 City Council Regular Meeting Packet
City of Grand Island
Tuesday, November 10, 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
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City of Grand Island Tuesday, November 10, 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 - Father Robert Lewis, St. Stephen's Episcopal Church, 422 West
2nd Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, November 10, 2015
Council Session
Item E-1
Public Hearing on Request from 2nd Street Stop, Inc. dba Pam’s 1
Stop C Store and Value Inn Motel, 2105 West 2nd Street for a
Class “D” Liquor License
Council action will take place under Resolutions item I-1.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 10, 2015
Subject:Public Hearing on Request from 2nd Street Stop, Inc. dba
Pam’s 1 Stop C Store and Value Inn Motel, 2105 West
2nd Street for a Class “D” 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
2nd Street Stop, Inc. dba Pam’s 1 Stop C Store and Value Inn Motel, 2105 West 2nd Street
has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License
allows for the sale of alcohol off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
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Also submitted with the application was a request from Pamela Ehlers, 2170 N. Monitor
Road 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 2nd Street Stop, Inc. dba Pam’s 1 Stop C Store and
Value Inn Motel, 2105 West 2nd Street for a Class “D” Liquor License contingent upon
final inspections and Manager Designation for Pamela Ehlers, 2170 N. Monitor Road
contingent upon completion of a state approved alcohol server/seller training program.
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City of Grand Island
Tuesday, November 10, 2015
Council Session
Item E-2
Public Hearing on Request from The Chocolate Bar, Inc. dba The
Chocolate Bar, 116 West 3rd Street for an Addition to their Class
“IK-086925” Liquor License
Council action will take place under Resolutions item I-2.
Staff Contact: RaNae Edwards
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Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 10, 2015
Subject:Public Hearing on Request from The Chocolate Bar, Inc.
dba The Chocolate Bar, 116 West 3rd Street for an
Addition to Class “IK-086925” Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street has submitted an
application for an addition to their Class “IK-086925” Liquor License. The request
includes the addition on the liquor license to extend the existing patio by 22’.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, and Health Departments.
Currently their license covers the outdoor area of 7’ x 19’. They are requesting to extend
their license to cover the outdoor area of 7’ x 41’. Staff is recommending approval
contingent upon final inspections.
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.
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Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application
contingent upon final inspections.
Sample Motion
Move to approve the application for an addition to The Chocolate Bar, Inc. dba The
Chocolate Bar, 116 West 3rd Street Liquor License “IK-086925” for the outdoor area of
approximately 7’ x 41’ contingent upon final inspections.
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City of Grand Island
Tuesday, November 10, 2015
Council Session
Item F-1
#9564 - Consideration of Creation of Sanitary Sewer District No.
537T, Extension of Sanitary Sewer to Serve Lot 1 & Lot 2, TLST
Spiehs Sub. & Part of the North 10 Acres of the West 1/2 of the
Northwest Quarter (W1/2NW1/4) All In Section Ten (10),
Township Eleven (11) North, Range(9) West
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Marvin Strong PE, Wastewater Plant Engineer
Meeting:November 10, 2015
Subject:Consideration of Creation of Sanitary Sewer District No.
537T, Extension of Sanitary Sewer to Serve Lot One (1)
And Lot Two (2), TLST Spiehs Subdivision And Part Of
The North Ten (10) Acres Of The West Half Of The
Northwest Quarter (W1/2NW1/4) All In Section Ten
(10), Township Eleven (11) North, Range Nine (9) West
Presenter(s):John Collins PE, Public Works Director
Background
Council action is needed to create a sanitary sewer tap district. The boundary was
developed by Public Works staff in order to encompass the area served by the new sewer
extension. Please refer to attached proposed Sanitary Sewer District 537T; Exhibit “A”
Sketch.
Discussion
The North Interceptor, Phase II construction provided opportunity for sanitary sewer
district creation to area homeowners. Area homeowners approached the Public Works
Department in request to develop sanitary sewer in their area. The Engineering Firm,
Olsson Associates, developed plans to serve the residential area with an 8-inch service
line, and coincide with the North Interceptor construction. Sewer will be available once a
larger portion of the North Interceptor Phase II trunk main project is closed in the spring
of 2016. It will be anticipated thirteen (13) customers shall be served within the district
boundary. If the district is created the sanitary sewer cost would be assessed to the
properties through a sanitary sewer tap district.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
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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 creation of Sanitary Sewer
District 537T.
Sample Motion
Move to approve the creation of Sanitary Sewer District 537T.
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Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9564
An ordinance creating Sanitary Sewer District No. 537T of the City of Grand
Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer
mains in said district; providing for plans and specifications and securing bids; providing for the
connection fee for connecting to such sanitary sewer; providing for certification to the Register
of Deeds of the connection fee; and providing for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Sanitary Sewer District No. 537T is hereby created for the
construction of:
An eight (8.0) inch gravity Sanitary Sewer Main and appurtenances thereto within Lot
One (1) And Lot Two (2), TLST Spiehs Subdivision And Part Of The North Ten (10)
Acres Of The West Half Of The Northwest Quarter (W1/2NW1/4) All In Section Ten
(10), Township Eleven (11) North, Range Nine (9) West.
all in the City of Grand Island, Hall County, Nebraska.
SECTION 2. The boundaries of such sanitary sewer district shall be as follows:
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ORDINANCE NO. 9564 (Cont.)
- 2 -
A TRACT OF LAND CONSISTING OF LOT ONE (1) AND LOT TWO (2), TLST SPIEHS
SUBDIVISION AND PART OF THE NORTH TEN (10) ACRES OF THE WEST HALF OF THE
NORTHWEST QUARTER (W1/2NW1/4) ALL IN SECTION TEN (10), TOWNSHIP ELEVEN (11)
NORTH, RANGE NINE (9) WEST OF THE 6TH P.M., IN THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID WEST HALF OF THE NORTHWEST
QUARTER (W1/2NW1/4), BEING THE ACTUAL POINT OF BEGINNING, RUNNING THENCE
EAST PARALLEL TO THE SOUTH LINE OF THE NORTH TEN (10) ACRES OF THE
NORTHWEST QUARTER (W1/2NW1/4) OF SAID SECTION TEN (10), ONE THOUSAND ONE
HUNDRED EIGHTY NINE FEET AND FIFTY FIVE HUNDREDTHS (1,189.55); RUNNING
THENCE SOUTH PARALLEL TO THE WEST LINE OF THE NORTH TEN (10) ACRES OF THE
NORTHWEST QUARTER (W1/2NW1/4) OF SAID SECTION TEN (10), THREE HUNDRED
THIRTY FEET AND EIGHTY FOUR HUNDREDTHS (330.84); RUNNING THENCE EAST
PARALLEL TO THE NORTH LINE OF THE NORTH TEN (10) ACRES OF THE NORTHWEST
QUARTER (W1/2NW1/4) OF SAID SECTION TEN (10), ONE HUNDRED TWENTY EIGHT FEET
AND TWENTY EIGHT HUNDREDTHS (128.28); RUNNING THENCE SOUTH PARALLEL TO
THE WEST LINE OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SAID SECTION TEN (10),
ONE HUNDRED SIXTY FIVE FEET AND FIFTY FIVE HUNDREDTHS (165.50), SAID POINT
BEING THE SOUTHEAST (SE) CORNER OF LOT ONE (1) TLST SPIEHS SUBDIVISION;
RUNNING THENCE WEST PARALLEL TO THE SOUTH LINE OF THE NORTH TEN (10) ACRES
OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SAID SECTION TEN (10), ONE THOUSAND
THREE HUNDRED SIXTEEN FEET AND SIXTY HUNDREDTHS (1,316.60); RUNNING THENCE
NORTH PARALLEL TO THE EAST LINE OF THE LOT ONE (1) TLST SPIEHS SUBDIVISION
FIFTEEN FEET AND TWENTY HUNDREDTHS (15.20); RUNNING THENCE EAST PARALLEL
TO THE SOUTH LINE OF THE NORTH TEN (10) ACRES OF THE NORTHWEST QUARTER
(W1/2NW1/4) OF SAID SECTION TEN (10), ONE HUNDRED THIRTY THREE FEET AND SIXTY
TWO HUNDREDTHS (133.62), SAID POINT BEING THE SOUTHEAST (SE) CORNER OF PART
LOT ONE (1) NORWOOD SUBDIVISION; RUNNING THENCE NORTH PARALLEL TO THE
EAST LINE OF THE LOT ONE (1) TLST SPIEHS SUBDIVISION SEVENTY ONE FEET AND
EIGHTY FOUR HUNDREDTHS (71.84); RUNNING THENCE WEST PARALLEL TO THE SOUTH
LINE OF THE NORTH TEN (10) ACRES OF THE NORTHWEST QUARTER (W1/2NW1/4) OF
SAID SECTION TEN (10), ONE HUNDRED THIRTY THREE FEET AND SEVENTY
HUNDREDTHS (133.70); RUNNING THENCE NORTH PARALLEL TO THE EAST LINE OF THE
NORTH TEN (10) ACRES OF THE NORTHWEST QUARTER (W1/2NW1/4) OF SAID SECTION
TEN (10), FOUR HUNDRED NINE FEET AND SEVENTY EIGHT HUNDREDTHS (409.78); TO
ACTUAL POINT OF BEGINNING.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications prepared by the Engineer for the City who shall estimate the costs thereof, and
submit the same to the City Council, and thereafter, bids for the construction of such sanitary
sewer shall be taken and contracts entered into in the manner provided by law.
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ORDINANCE NO. 9564 (Cont.)
- 3 -
SECTION 4. The cost of construction of such sanitary sewer main connection
district shall be reported to the City Council, and the Council, sitting as a Board of Equalization,
shall determine benefits to abutting property by reason of such improvement pursuant to Section
16-6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall
be certified by resolution of the City Council to the Hall County Register of Deeds. A connection
fee in the amount of the special benefit accruing to each property in the district shall be paid to
the City of Grand Island at such time as such property becomes connected to the sanitary sewer
main in such district. No property thus benefited by sanitary sewer main improvements shall be
connected to the sanitary sewer main until the connection fee is paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval and publication, without the plat, as provided by law.
SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the
office of the Register of Deeds of Hall County, Nebraska.
SECTION 7. After passage, approval and publication of this ordinance, notice of
the creation of said district shall be published in the Grand Island Independent, a legal newspaper
published and of general circulation in said City, as provided by law.
Enacted: November 10, 2015
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, November 10, 2015
Council Session
Item F-2
#9565 - Consideration of Vacation of a Portion of Washington
Street (between 4th Street and North Front Street)
Staff Contact: John Collins, P.E. - Public Works Director
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Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Consideration of Vacation of a Portion of Washington
Street; Between 4th Street and North Front Street
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required for vacation of a public street through the passing of an
ordinance. The Grand Island Utility Department has requested that the majority of
Washington Street, between 4th Street and North Front Street, be vacated.
Discussion
The Grand Island Utility Department recently acquired the property addressed as 374 N
Washington Street, which is just west of the Line Department facility. The request is to
vacate a portion of Washington Street between 4th Street and North Front Street. A
sketch is attached to detail the proposed vacation. The southwest end of Washington
Street will not be vacated with this request so as to allow access for the property owner of
1204 & 1206 W North Front Street.
A sixteen (16) foot easement will be retained to allow utility access, as sanitary sewer
currently runs east and west through the middle of this block.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
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Recommendation
City Administration recommends that the Council approve the vacation of Washington
Street; between 4th Street and North Front Street as requested.
Sample Motion
Move to approve the ordinance.
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Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
ORDINANCE NO. 9565
An ordinance to vacate a portion of an existing right of way and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a portion of an existing right of way of Washington Street,
more particularly described as follows:
Beginning at the Northwest corner of Lot Three (3), Service Center Subdivision located in the
City of Grand Island, Hall County, Nebraska; thence southerly, along the westerly line of said
Lot Three (3), a distance of one hundred thirty two (132.0) feet to a particular corner of said Lot
Three (3); thence easterly along a particular East/West line of said Lot Three (3), a distance of
(40.0) feet to a particular corner of said Lot Three (3), thence southerly along the westerly line
of said Lot Three (3), a distance of one hundred forty eight (148.0) feet to the Southwest corner
of said Lot Three (3), said point also being on the northerly right-of-way line of North Front
Street; thence westerly along the northerly right-of-way line of North Front Street, a distance of
forty (40.0) feet; thence northerly, parallel with the easterly line of Lot Eight (8), Block Three
(3), Arnold & Abbott’s Addition to the City of Grand Island, a distance of seventy four (74.0)
feet; thence westerly and parallel with the northerly right-of-way of said North Front Street, a
distance of forty (40.0) feet to a point on the easterly line of said Lot Eight (8), Block Three (3);
thence northerly along the easterly line of said Lot Eight (8), Block Three (3), and Lot One (1),
Block Three (3) Arnold & Abbott’s Addition to the City of Grand Island, a distance of two
hundred six (206.0) feet to the Northeast corner of said Lot One (1), Block Three (3), said point
also being on the southerly right-of-way line of Fourth Street; thence easterly along the
southerly right-of-way line of said Fourth Street, a distance of forty (40.0) feet to the Northwest
corner of said Lot Three (3), Service Center Subdivision, being the said Point of Beginning;
provided and conditioned that the City of Grand Island hereby reserves a sixteen (16.0) foot
wide perpetual public utility easement, in, over, underneath, and through the vacated area, and
all rights necessary and appurtenant thereto, as shown on the plat dated 10/21/2015, marked
Exhibit “A” attached hereto and incorporated herein by reference.
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
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ORDINANCE NO. 9565 (Cont.)
- 2 -
SECTION 2. The title to the property vacated by Section 1 of this Ordinance shall
revert to the abutting properties.
SECTION 3. The City shall retain a sixteen (16) foot wide easement through the
vacated portion to line up with the existing easement through this area, more particularly
described as follows:
Commencing at the Northwest corner of Lot Three (3), Service Center Subdivision
located in the City of Grand Island, Hall County, Nebraska; thence southerly, along the
westerly line of said Lot Three (3), a distance of one hundred thirty two (132.0) feet to
a particular corner of said Lot Three (3) being the ACTUAL Point of Beginning; thence
easterly along a particular East/West line of said Lot Three (3), a distance of forty
(40.0) feet to a particular corner of said Lot Three (3), thence southerly along the
westerly line of said Lot Three (3), a distance of sixteen (16.0) feet; thence westerly
and parallel with the northerly right-of-way line of North Front Street, a distance of
eighty (80.0) feet to a point on the easterly line of Lot Eight (8), Block Three (3),
Arnold & Abbott’s Addition to the City of Grand Island; thence northerly along the
easterly line of said Lot Eight (8), Block Three (3), and Lot One (1), Block Three (3),
Arnold & Abbott’s Addition to the City of Grand Island, a distance of sixteen (16.0)
feet; thence easterly and parallel to the northerly right-of-way line of said North Front
Street, a distance of forty (40.0) feet to a particular corner of said Lot Three (3), Service
Center Subdivision being the said Point of Beginning.
SECTION 4. This ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication, without the plate, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: November 10, 2015.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-1
Approving Minutes of October 27, 2015 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
October 27, 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 October 27, 2015. Notice of the meeting was given in The Grand Island Independent
on October 21, 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, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. 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 Natalie Stapleton.
INVOCATION was given by Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial
Drive followed by the PLEDGE OF ALLEGIANCE.
BOARD OF EQUALIZATION: Motion by Hehnke, second by Paulick to adjourn to the Board
of Equalization. Motion adopted.
#2015-BE-11 - Consideration of Determining Benefits and Levy Special Assessments for Water
Service Box Lowering for 219 East Charles Street. Public Works Director John Collins reported
that there was a need to lower the water service box at 219 East Charles Street at a cost of
$750.00 to be assessed to the property owner. Staff recommended approval of the connection
fee.
Motion by Donaldson, second by Stelk to approve Resolution #2015-BE-11. Upon roll call vote,
all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Donaldson, second by Hehnke to return to
Regular Session. Motion adopted.
PUBLIC HEARINGS:
Public Hearing on Request from Hooker Brothers Construction Company for a Renewal of
Conditional Use Permit for a Sand and Gravel Operation located at 501 Gunbarrel Road.
Building Department Director Craig Lewis reported that a request for the renewal of a
Conditional Use Permit from Hooker Brothers Construction Company for a sand and gravel
operation had been received. Staff recommended approval with the following conditions:
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail.
Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials.
Grand Island Council Session - 11/10/2015 Page 29 / 154
Page 2, City Council Regular Meeting, October 27, 2015
The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is
not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants.
2). CLOSURE: A drawing of the proposed development of the property after the closing of the
sand and gravel operation has been provided along with the initial application.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10
years with the possibility of renewal for an additional time at the end of the 10 year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of way and
protected by a 6 foot earthen berm during pumping. The finished width of developable property
adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A
setback of 100 feet from any adjacent property line shall be maintained between the pumping
operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours
(15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No
pumping or other processing activities shall be permitted on Sundays or from fifteen minutes
after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the
months of March, April, October, and November activities may operate from 6:00a.m. to
10:00p.m.to allow for winter condition. The second exception shall be that trucking of the
product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or the
regulated floodway as determined by the Federal Emergency Management Agency or its
successor and the entity with jurisdiction and authority to enforce floodplain regulations. No
product, material or equipment shall be stored within any easement or in such a manor that it
would violate any safety provisions of the National Electric Safety Code.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as
practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature
whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable
hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the real
property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over and
across any public highway or road unless said sand and gravel is complete dry and free from
water or is hauled in trucks which are designed and equipped so as to prevent water from leaking
onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping operations
shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land.
Only surface waters that have historically flowed from the premises shall be permitted to leave
the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the issuance of
this permit or if the applicant fail to begin operations within the 18 months the permit shall be
considered null and void and subject to reapplication and rehearing. Additionally if at anytime
during the life of the permit issued the operation shall cease for a period of a continuous 18
months the permit shall become void and a renewal shall be obtained before becoming once
again operational. Staff recommended approval. Randy Stueven, 233 S. Gunbarrel Road
Grand Island Council Session - 11/10/2015 Page 30 / 154
Page 3, City Council Regular Meeting, October 27, 2015
requested further regulations and conditions. Kerry McGrath, 3211 Ponca Circle representing
Hooker Brothers spoke in support. No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 3840 and 3860 S. Locust Street
(Hooker Brothers). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 3840 and 3860 S. Locust Street was needed in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. The
property used for a sand and gravel operation located at 3840 and 3860 S. Locust Street was
being redeveloped for residential homes. In order to serve the area being developed by Hooker
Brothers Sand and Gravel, Inc., the Utilities Department needed to acquire an easement along the
north side of their property for operation, maintenance, and access of underground primary
power lines, pad-mounted transformers, termination equipment, and related infrastructure. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1212 Allen Drive (JoEL
Investment Group, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 1212 Allen Drive was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The new Raising
Cane’s Restaurant was being constructed at the corner of 13th Street and Allen Drive. In order to
serve the new business and the lot to the south, the Utilities Department needed to acquire an
easement for operation, maintenance, and access of underground primary power lines, pad-
mounted transformer, termination equipment, and related infrastructure. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 1230 Allen Drive (JoEL
Investment Group, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility
easement located at 1230 Allen Drive was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The new Raising
Cane’s Restaurant was being constructed at the corner of 13th Street and Allen Drive. In order to
serve the new business, the Utilities Department needed to acquire an easement for operation,
maintenance, and access of underground primary power lines, pad-mounted transformer,
termination equipment, and related infrastructure. Staff recommended approval. No public
testimony was heard.
Public Hearing on Acquisition of Utility Easement located at 2036 Brentwood Blvd. (Five Points
Bank). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at
2036 Brentwood Blvd. was needed in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers. Five Points Bank was currently
constructing a new building at 2036 Brentwood Boulevard for their data processing use. In order
to provide the power supply to the building, the Utilities Department needed to acquire an
easement relative to the property owned by Five Points Bank. The easement would be located on
part of Lot Two, Brentwood Seventh Subdivision, just south of the Stolley Park Road and the
Brentwood Boulevard intersection. Staff recommended approval. No public testimony was
heard.
Grand Island Council Session - 11/10/2015 Page 31 / 154
Page 4, City Council Regular Meeting, October 27, 2015
ORDINANCES:
Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinances numbered:
#9561 - Approving Final Bond for Webb Road Street Improvement District No. 1260 and
Westgate Road Paving District No. 1261
#9562 - Consideration of Assessments for Water Service Box Lowering for 219 East
Charles Street
#9563 - Consideration of Amendments to Chapter 22 of the Grand Island City Code
Relative to Snow Emergency Routes
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9561 - Approving Final Bond for Webb Road Street Improvement District No. 1260 and
Westgate Road Paving District No. 1261
Interim Finance Director William Clingman reported that based on the payments made for
District No. 1260 and 1261, intersection costs and issuance fees of the new bonds, bond
financing of $1,231,000 was needed to pay off the Bond Anticipation Notes that come due on
November 15, 2015. The assessment balances would be paid over the next 9 years.
Motion by Donaldson, second by Minton to approve Ordinance #9561.
City Clerk: Ordinance #9561 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 #9561 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 second and final
readings, Ordinance #9561 is declared to be lawfully adopted upon publication as required by
law.
#9562 - Consideration of Assessments for Water Service Box Lowering for 219 East
Charles Street
Motion by Minton, second by Hehnke to approve Ordinance #9562.
City Clerk: Ordinance #9562 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.
Grand Island Council Session - 11/10/2015 Page 32 / 154
Page 5, City Council Regular Meeting, October 27, 2015
City Clerk: Ordinance #9562 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 second and final
readings, Ordinance #9562 is declared to be lawfully adopted upon publication as required by
law.
#9563 - Consideration of Amendments to Chapter 22 of the Grand Island City Code
Relative to Snow Emergency Routes
Public Works Director John Collins reported that it had been brought to Staff’s attention that
Chapter 22; Section 113 of City Code wasn’t updated when Ordinance No. 9087 was passed by
City Council on November 14, 2006, thus leaving Ordinance No. 9204, approved on February
10, 2009 incorrect. The proposed corrections to Chapter 22; Section 113 of the City Code have
been drafted for City Council consideration.
Motion by Paulick, second by Jones to approve Ordinance #9562.
City Clerk: Ordinance #9562 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 #9562 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 second and final
readings, Ordinance #9562 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Paulick, second by Fitzke to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of October 13, 2015 City Council Regular Meeting.
Approving Appointments of Derek Apfel and John Hoggatt to the Regional Planning
Commission.
Approving Request from Aloha’ Investments, LLC dba Afternooner’s, 3773 Sky Park Road for a
Reconstruction to their Class “C-95177” Liquor License.
#2015-284 - Approving Acquisition of Utility Easement - 3840 and 3860 S. Locust Street -
Hooker Brothers.
#2015-285 - Approving Acquisition of Utility Easement - 1212 Allen Drive - JoEL Investment
Group, LLC.
Grand Island Council Session - 11/10/2015 Page 33 / 154
Page 6, City Council Regular Meeting, October 27, 2015
#2015-286 - Approving Acquisition of Utility Easement - 1230 Allen Drive - JoEL Investment
Group, LLC.
#2015-287 - Approving Acquisition of Utility Easement - 2036 Brentwood Blvd. - Five Points
Bank.
#2015-288 - Approving Bid Awards for Tree Trimming Project 2016-TT-1 with Leetch Tree
Service of Grand Island, NE in an Amount of $69,400.00 for Section 2, 3, 6, 7, 8, 11, and 12;
Sheffield Tree Service of Grand Island, NE for an Amount of $16,000.00 for Section 9 and 10;
and B & E Tree Service, Inc. of Grand Island, NE in an Amount of $63,000.00 for Sections 1, 5,
and 16.
#2015-289 - Approving Bid Award for Burdick Station Unit #3 Distributed Control System with
ABB, Inc. of Wickliffe, OH in an Amount of $596,977.00.
#2015-290 - Approving Compliance Consulting Agreement with Volkmann Consulting.
#2015-291 - Approving Bid Award for the Law Enforcement Center & Downtown Parking Lot
Snow Removal Operations for the 2015/2016 Winter Season with Rick’s Lawn Care, Inc. of
Grand Island, NE for the following amounts: Trucks for Hauling Snow - $70.00 per load; Tractor
Loader with Box Blade - $225.00 per hour; Skid Steer Loader - $175.00 per hour; and Tractor
with Pull Blade - $185.00 per hour.
#2015-292 - Approving Contract for Medical Director for the Grand Island Fire Department with
Dr. Michael McGahan of Grand Island, NE in an Amount of $23,000.00 per year for 5 years.
#2015-293 - Approving Purchase of New Portable Radios for the Grand Island Fire Department
with Platte Valley Communication of Grand Island, NE in an Amount of $31,111.25.
#2015-294 - Approving Purchase of Opticom Traffic Signal Controllers with Mid America
Signal of Kansas City, KS in an Amount of $9,471.00.
#2015-295 - Approving Change Order No. 1 - Sterling Park Site Development – 2015 with The
Diamond Engineering Co. of Grand Island, NE for a Decrease of $4,172.00 and a Revised
Contract Amount of $88,514.63.
#2015-296 - Approving Change Order No. 1 - Sterling Park Site Development - 2015 - Phase
Two of Concrete Trail Construction with The Diamond Engineering Co. of Grand Island, NE for
an Increase of $1,150.00 and a Revised Contract Amount of $49,257.00.
REQUESTS AND REFERRALS:
Consideration of Request from Hooker Brothers Construction Company for a Renewal of
Conditional Use Permit for a Sand and Gravel Operation located at 501 Gunbarrel Road. This
item relates to the aforementioned Public Hearing.
Grand Island Council Session - 11/10/2015 Page 34 / 154
Page 7, City Council Regular Meeting, October 27, 2015
Motion by Stelk, second by Minton to approve the request from Hooker Brothers Construction
Company for a renewal of their Conditional Use Permit for a Sand and Gravel Operation located
at 501 Gunbarrel Road with the conditions as presented.
Discussion was held regarding future stipulations and regulations. Reviewed were photos of the
gravel site including the sand pile. Mr. Lewis commented on past complaints of the sight. Mr.
Sivick stated the Council could pull the permit if conditions were not met. Jeff Hooker
commented on the decibel readings at the plant.
Motion by Donaldson, second by Haase to amend the motion that both sides along with the
Building Department study the conditions and come back by May 2016 with recommendations.
Upon roll vote, Councilmembers Paulick, Steele, Donaldson, Hehnke, Haase, Jones, and Stelk
voted aye. Councilmembers Minton, Fitzke, and Nickerson voted no. Motion adopted.
Upon roll call of the main motion, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke,
Haase, Jones, Stelk, and Nickerson voted aye. Councilmember Paulick voted no. Motion
adopted.
RESOLUTIONS:
#2015-297 - Consideration of Approving a New Olympic Bunker Trap Range Venue at the
Heartland Public Shooting Park. Parks and Recreation Director Todd McCoy reported that the
Grand Island Skeet and Sporting Clays Club, Inc. recently approached the City with the idea of
adding a new Olympic Bunker Trap venue at HPSP. GI Skeet and Sporting Clays Club proposed
to raise all the funds necessary to build the estimated $270,000.00 improvement. Upon
completion of the project the City would be responsible for maintaining the improvement and
servicing the equipment and operational expenses such as electrical for the bunker trap as it does
the other venues at HPSP.
Comments were made concerning the increase in FTE’s in the future.
Motion by Minton, second by Paulick to approve Resolution #2015-297. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Hehnke, second by Donaldson to approve the Claims for the period of October 24,
2015 through October 27, 2015, for a total amount of $6,600,084.58. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:26 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 11/10/2015 Page 35 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-2
Approving Liquor Manager Designation for Dennis Jakob, 4419
Calvin Drive for Platt Duetsche, 1315 West Anna Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/10/2015 Page 36 / 154
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 10, 2015
Subject:Request from Dennis Jakob, 4419 Calvin Drive for
Liquor Manager Designation with Platt Duetsche, 1315
West Anna Street
Presenter(s):RaNae Edwards, City Clerk
Background
Dennis Jakob, 4419 Calvin Drive has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with Platt Duetsche, 1315 West
Anna Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 11/10/2015 Page 37 / 154
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Dennis Jakob, 4419 Calvin Drive for Liquor Manager
Designation in conjunction with the Class “C-001472” Liquor License for Platt Duetsche,
1315 West Anna Street with the stipulation that Mr. Jakob complete a state approved
alcohol server/seller training program.
Grand Island Council Session - 11/10/2015 Page 38 / 154
10/22/15 Grand Island Police Department 450
15:07 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 08:00:00 10/19/2015
Occurred before : 08:00:00 10/19/2015
When reported : 08:00:00 10/19/2015
Date disposition declared : 10/20/2015
Incident number : L15101822
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1315 Anna 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 : O Officer Report
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 : 13680
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 78828 10/20/15 Platt Duetsche Society, Business
Involved
NM 158589 10/20/15 Jakob, Dennis H Proposed
Manager
NM 204812 10/20/15 Jakob, Janis P Dennis' Spouse
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
LAW INCIDENT NARRATIVE:
Grand Island Council Session - 11/10/2015 Page 39 / 154
Dennis Jakob is applying to be the liquor manager at the Platt-Duetsche.
~~---------------------------------------- (lwmain09564810192015)~~
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 13:42:07 10/21/2015
Grand Island Police Department
Supplemental Report
Date, Time: Wed Oct 21 13:42:19 CDT 2015
Reporting Officer: Vitera
Unit- CID
I received a copy of a liquor manager application from Dennis Jakob for
the Platt-Duetsche. According to the application, Dennis and his wife
Janis have lived in Grand Island since 1978. Janis signed a Spousal
Affidavit of Non-Participation form. Neither Dennis nor Janis disclosed
any criminal convictions.
I found Dennis in Spillman, and he didn't have any potential convictions
listed. Janis did not have a Spillman entry. I also checked each of them
through NCJIS. Janis doesn't have any convictions listed in NCJIS. Dennis
has a DUI conviction from 1976, and auto theft charge from 1971 which has
no disposition, a stop sign violation from 1998, and a conviction for
unlawfully entering a park without a permit in June of this year.
I checked Dennis and Janis for warrants and driving status. Neither one
has any outstanding arrest warrants, and each one has a valid driver's
license. I also asked the 911 Center to run a criminal history check on
Dennis in an attempt to find out the disposition of the auto theft charge
from 1971. They were able to locate the charge, but it still didn't show
a disposition. However, the overall criminal history record does not show
Dennis to be a convicted felon.
On 10/21/15, I called Dennis and asked him about his liquor manager
application. I asked him about the question which asks about convictions
where he had checked the "No" box. Dennis said he thought the question
Grand Island Council Session - 11/10/2015 Page 40 / 154
only pertained to felonies. I read the question on the application to him
where it elaborates what a charge means. I then went over the convictions
I found. He acknowledged all of them and explained the auto theft charge
to me. It was his recollection that he paid $600 to repair the vehicle
that he wasn't supposed to have because he ended up crashing it. He said
he wasn't convicted of a theft, but may have been convicted of
"destruction of property" in order for him to pay restitution. In any
event, Dennis didn't believe he was ever convicted of a felony.
I also checked Dennis and Janis through a paid law enforcement-only data
base and didn't find anything detrimental to the application.
Considering that Janis has no criminal record and signed a Spousal
Affidavit of Non-Participation form, and Dennis' most serious charges
occurred back in the 1970's and don't preclude him from becoming a liquor
manager; the Grand Island Police Department has no objection to Dennis
becoming the liquor manager at the Platt-Duetsche.
Grand Island Council Session - 11/10/2015 Page 41 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-3
Approving Liquor Manager Designation for Scott Kemery, 4156
Vermont Avenue for Godfather’s Pizza, 1916 South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/10/2015 Page 42 / 154
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 10, 2015
Subject:Request from Scott Kemery, 4156 Vermont Avenue for
Liquor Manager Designation with Godfather’s Pizza,
1916 South Locust Street
Presenter(s):RaNae Edwards, City Clerk
Background
Scott Kemery, 4156 Vermont Avenue has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with Godfather’s Pizza, 1916
South Locust Street.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the requests.
2.Forward the requests with no recommendation.
3.Take no action on the requests.
Grand Island Council Session - 11/10/2015 Page 43 / 154
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Scott Kemery, 4156 Vermont Avenue for Liquor
Manager Designation in conjunction with the Class “A-12626” Liquor License for
Godfather’s Pizza, 1916 South Locust Street with the stipulation that Mr. Kemery
complete a state approved alcohol server/seller training program.
Grand Island Council Session - 11/10/2015 Page 44 / 154
10/29/15 Grand Island Police Department 450
13:44 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : **:**:** **/**/****
Occurred before : **:**:** **/**/****
When reported : 13:11:00 10/21/2015
Date disposition declared : **/**/****
Incident number : L15102284
Primary incident number :
Incident nature : Liquor Lic Inv Liquor Lic Inv
Incident address : 1916 Locust St S
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 :
Misc. number : RaNae
Geobase address ID :
Long-term call ID :
Clearance Code : CL CL Case Closed
Judicial Status :
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
NM 53418 10/23/15 Godfathers Pizza, Business
Involved
NM 170426 10/23/15 Kemery, Scott B Proposed
Manager
NM 171728 10/23/15 Kemery, Rhonda K Scott's Spouse
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 LT21 Restaurant
LAW INCIDENT NARRATIVE:
**---------------------------------------- (lwmain14184710232015)**
Scott Kemery is applying to be the liquor manager at Godfather's.
~~---------------------------------------- (lwmain14184710232015)~~
LAW INCIDENT OFFENSES DETAIL:
Grand Island Council Session - 11/10/2015 Page 45 / 154
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 10:19:23 10/29/2015
Grand Island Police Department
Supplemental Report
Date, Time: Thu Oct 29 10:19:34 CDT 2015
Reporting Officer: Vitera
Unit- CID
I received a liquor manager application from Scott Kemery for Godfather's
Pizza. According to the application, Scott and his wife Rhonda have lived
in Nebraska since at least 1998 and have lived in Grand Island since
2012. Rhonda signed a Spousal Affidavit of Non-Participation form. Scott
listed Pizza Hut as a past employer between 2010 and 2014 and said that
he has been approved for a "liquor license" in Grand Island, Minden, and
McCook. He has worked for Godfather's since 2014.
On the liquor manager application where it asks the applicant to disclose
criminal convictions, Scott disclosed a "serving a minor" conviction from
1995. I checked Scott and Rhonda through Spillman and NCJIS. Scott has a
few entries in Spillman, but nothing that would indicate anything
criminal. One of his Spillman entries involves him applying to be the
liquor manager for Pizza Hut in 2011. Rhonda's only entries in Spillman
are due to the liquor license applications of her husband. Scott has a
couple of undisclosed traffic convictions in NCJIS, and Rhonda has one
undisclosed traffic conviction.
Scott and Rhonda each have a valid license and no outstanding warrants
for their arrest. I also checked Scott and Rhonda through a paid law
enforcement-only database and didn't find anything detrimental to the
application.
From a law enforcement perspective, the only potential issue with the
application that I can find is that Scott has been convicted of serving a
minor alcohol. Nebraska State statute 53-131.01 reads in part...
(1) The application for a new license shall be submitted upon such forms
as the commission may prescribe. Such forms shall contain, (d) a
Grand Island Council Session - 11/10/2015 Page 46 / 154
statement that the applicant is a citizen of the United States, that the
applicant and the spouse of the applicant are not less than twenty-one
years of age, and that such applicant has never been convicted of or
pleaded guilty to a felony or been adjudged guilty of violating the laws
governing the sale of alcoholic liquor or the law for the prevention of
gambling in the State of Nebraska, except that a manager for a
corporation applying for a license shall qualify with all provisions of
this subdivision as though the manager were the applicant, except that
the provisions of this subdivision shall not apply to the spouse of a
manager-applicant.
Scott's conviction for serving/selling alcohol to a minor seems to
violate this statute. I consulted with NSP Liquor Investigator Dan Fiala
about this matter. He eventually was able to speak to Hobert Rupe who is
the Executive Director of the Nebraska Liquor Control Commission (NLCC).
Rupe told Fiala that it's his opinion that as long as Scott Kemery
disclosed his conviction for selling alcohol to a minor, it shouldn't
preclude him from being a liquor manager because that's not the intent of
the law.
Based upon Rupe's opinion, Kemery having been a liquor manager before,
and no other serious or recent convictions, the Grand Island Police
Department has no objection to Scott Kemery becoming the liquor manager
at Godfather's Pizza.
Grand Island Council Session - 11/10/2015 Page 47 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-4
#2015-298 - Approving City Council Meeting Schedule for 2016
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/10/2015 Page 48 / 154
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:November 10, 2015
Subject:City Council Meeting Schedule for 2016
Presenter(s):RaNae Edwards, City Clerk
Background
Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be
held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month
beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005
amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the
discretion of the City Council.
Discussion
The City Clerk has prepared the proposed 2016 meeting schedule. This provides for the first City
Council meeting to be a Regular Meeting on Tuesday, January 12, 2016. See attached proposed
meeting dates.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the 2016 meeting schedule as presented
2.Refer the issue to a Committee
3.Modify the 2016 meeting schedule to meet the wishes of the Council
Recommendation
City Administration recommends that the Council approve the proposed 2016 City Council
meeting schedule.
Sample Motion
Move to approve the 2016 City Council meeting schedule as proposed.
Grand Island Council Session - 11/10/2015 Page 49 / 154
PROPOSED
2016
CITY COUNCIL MEETING DATES
Tuesday, January 12, 2016 Tuesday, July 12, 2016
Tuesday, January 26, 2016 Tuesday, July 26, 2016
Tuesday, February 9, 2016 Tuesday, August 9, 2016
Tuesday, February 23, 2016 Tuesday, August 23, 2016
Tuesday, March 8, 2016 Tuesday, September 13, 2016
Tuesday, March 22, 2016 Tuesday, September 27, 2016
Tuesday, April 12, 2016 Tuesday, October 11, 2016
Tuesday, April 26, 2016 Tuesday, October 25, 2016
Tuesday, May 10, 2016 Wednesday, November 8 2016
Tuesday, May 24, 2016 Tuesday, November 22, 2016
Tuesday, June 14, 2016 Tuesday, December 13, 2016
Tuesday, June 28, 2016 Tuesday, December 27, 2016
Grand Island Council Session - 11/10/2015 Page 50 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-298
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska
will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned
dates:
2016 City Council Meetings:
Tuesday, January 12, 2016 Tuesday, July 12, 2016
Tuesday, January 26, 2016 Tuesday, July 26, 2016
Tuesday, February 9, 2016 Tuesday, August 9, 2016
Tuesday, February 23, 2016 Tuesday, August 23, 2016
Tuesday, March 8, 2016 Tuesday, September 13, 2016
Tuesday, March 22, 2016 Tuesday, September 27, 2016
Tuesday, April 12, 2016 Tuesday, October 11, 2016
Tuesday, April 26, 2016 Tuesday, October 25, 2016
Tuesday, May 10, 2016 Tuesday, November 8, 2016
Tuesday, May 24, 2016 Tuesday, November 22, 2016
Tuesday, June 14, 2016 Tuesday, December 13, 2016
Tuesday, June 28, 2016 Tuesday, December 27, 2016
- - -
Adopted by the City Council of the City of Grand Island, Nebraska on November 10, 2015.
____________________________________
_Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 51 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-5
#2015-299 - Approving Final Plat and Subdivision Agreement for
Landell Second Subdivision
Staff Contact: Chad Nabity
Grand Island Council Session - 11/10/2015 Page 52 / 154
Council Agenda Memo
From:Regional Planning Commission
Meeting:November 10, 2015
Subject:Landell Second Subdivision – Final Plat
Presenter(s):Chad Nabity, AICP, Regional Planning Director
Background
This property is located north of East Capital Avenue and south of US Highway 30 in the
2 mile extraterritorial jurisdiction of the City of Grand Island, in Hall County, Nebraska
consisting of (1 Lot) and 4.00 acres.
Discussion
The plat for Landell Subdivision was considered by the Regional Planning Commission
at the November 4, 2015 meeting.
A motion was made by Haskins and seconded by Monter to approve the plat as presented.
A roll call vote was taken and the motion passed with 12 members present and voting in
favor (O’Neill, Ruge, Connick, Sears, Maurer, Apfel, Robb, Huismann, Haskins, Monter,
Kjar and Hoggatt) 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 Council approve the final plat as presented.
Sample Motion
Move to approve as recommended.
Grand Island Council Session - 11/10/2015 Page 53 / 154
Grand Island Council Session - 11/10/2015 Page 54 / 154
Developer/Owner
Richard Landell
12079 S McGuire Rd
Shelton NE 68876
To create 1 lot located north of E Capital Ave and south of E US Highway 30 in the 2
mile extra territorial jurisdiction of the City of Grand Island, in Hall County, Nebraska.
Size: 4.0 acres
Zoning: M2 – Heavy Manufacturing
Road Access: City Roads
Water Public: City water is available.
Sewer Public: City sewer is not available.
Grand Island Council Session - 11/10/2015 Page 55 / 154
October 21, 2016
Dear Members of the Board:
RE: Final Plat – Landell Second Subdivision.
For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is
herewith submitted a final plat of Landell Second Subdivision, located in the 2 mile
extra territorial jurisdiction of the City of Grand Island, in Hall County Nebraska.
This final plat proposes to create 1 lot, on a tract of land comprising a part of South
Half of the Southeast Quarter (S1/2 SE1/4) Section One (1), Township Eleven (11)
North, Range Nine (9) West of the 6th P.M., in Hall County, Nebraska, said tract
containing 4.00 acres.
You are hereby notified that the Regional Planning Commission will consider this
final plat at the next meeting that will be held at 6:00 p.m. on November 4, 2015 in
the Council Chambers located in Grand Island's City Hall.
Sincerely,
Chad Nabity, AICP
Planning Director
Cc: County Clerk
County Attorney
County Public Works
County Zoning
City Clerk
City Attorney
City Public Works
City Building Department
City Utilities
Manager of Postal Operations
Rockwell & Associates
This letter was sent to the following School Districts 1R, 2, 3, 19, 82, 83, 100, 126.
Grand Island Council Session - 11/10/2015 Page 56 / 154
Grand Island Council Session - 11/10/2015 Page 57 / 154
Grand Island Council Session - 11/10/2015 Page 58 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-299
WHEREAS, Richard Landell and Kim Landell, husband and wife, being the said
owners of the land described in the legal description hereon, have filed an application for
approval of the final plat of Landell Second Subdivision, a tract of land comprising a part of the
South Half of the Southeast Quarter (S1/2 SE1/4) Section One (1), Township Eleven (11) North,
Range Nine (9), 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 LANDELL SECOND
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the
approval and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 59 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-6
#2015-300 - Approving Safety Glass Contract for Utilities, Public
Works and Parks Employees for 2016 - 2017
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/10/2015 Page 60 / 154
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
John Collins, Public Works Director
Todd McCoy, Parks Director
Stacy Nonhoff, Asst. City Attorney
Meeting:November 10, 2015
Subject:Award of Safety Glass Contract for the Parks &
Recreation, Public Works and Utilities Departments for
2016 - 2017
Presenter(s):Timothy Luchsinger, Utilities Director
Background
As part of personal protective equipment furnished by the City to its employees, the City
periodically enters into an agreement with a local provider for safety glasses for those
employees needing corrective lenses. Costs for eyewear prescriptions and options other
than the base selection are at the expense of the employee. Requests for quotes were
solicited in accordance with City Procurement Policies for safety glass services for the
Utilities, Public Works, and Parks & Recreation Departments for 2016 and 2017.
Discussion
Documents were mailed to five vendors, and advertised in the Grand Island Independent.
The following quotations were received.
Shopko Eyecare Center, Grand Island, Nebraska
Eyecare Professionals/Grand Island Optical, Grand Island, Nebraska
Heartland Optical of Lincoln, Nebraska, the supplier for Pearl Vision Center of
Grand Island, Nebraska
The responses were reviewed and based on variety of selection and competitive pricing, it
was determined that Pearl Vision Center of Grand Island offered the best overall
proposal. Heartland Optical of Lincoln, Nebraska dispenses safety glasses through Pearle
Vision Center at 1437 N. Webb Road in Grand Island. The specifications required an on-
site location in the City of Grand Island to allow easy access for employees.
Grand Island Council Session - 11/10/2015 Page 61 / 154
Pearle Vision Center has furnished safety glasses for City employees in the past, and their
performance and product met expectations.
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 two year contract for
Safety Glasses for the Utilities, Public Works, and Parks and Recreation Departments, to
Heartland Optical of Lincoln, Nebraska, dispensing from Pearle Vision Center, of Grand
Island, Nebraska.
Sample Motion
Move to approve the two year contract (2016 & 2017) for Safety Glasses to Heartland
Optical of Lincoln Nebraska, dispensing from Pearle Vision Center of Grand Island,
Nebraska.
Grand Island Council Session - 11/10/2015 Page 62 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
QUOTE REQUEST
FOR
SAFETY GLASSES AND SERVICE
RFP DUE DATE:October 13, 2015 at 4:00 p.m.
DEPARTMENT:Utilities, Public Works & Parks & Recreation
PUBLICATION DATE:September 17, 2015
NO. POTENTIAL BIDDERS:6
SUMMARY OF PROPOSALS RECEIVED
Heartland Optical Eyecare Professionals/Grand Island Optical
Lincoln, NE Grand Island, NE
Shopko Eyecare
Grand Island, NE
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Marlan Ferguson, City Administrator John Collins, Public Works Director
Stacy Nonhof, Purchasing Agent Todd McCoy, Parks & Rec. Director
Catrina Delosh, PW Admin. Assist.Patti Buettner, Parks Admin. Assist.
P1840
Grand Island Council Session - 11/10/2015 Page 63 / 154
Contract Agreement
This AGREEMENT made and entered into by and between Heartland Optical, of 1012
N. 27th Street, Lincoln, Nebraska, dispensing from Pearle Vision Center, 1437 N. Webb
Road, Grand Island, Nebraska, hereinafter called “Supplier”, and the CITY OF GRAND
ISLAND, NEBRASKA, hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to
be prepared and an advertisement calling for quotes to be published for furnishing
SAFETY GLASSES; and
WHEREAS, the City, in the manner prescribed by law, has reviewed, examined, and
canvassed the quotes submitted, and has determined the aforesaid Heartland Optical,
to be the lowest responsive and responsible Safety Glass vendor, and has duly
awarded them a contract therefore, for the sum or sums named in their quote, a copy
thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to Heartland
Optical, and of the mutual agreements herein contained, the parties have agreed and
hereby agree, the City for itself and its successors, and Heartland Optical for itself, and
its successor, as follows:
ARTICLE I. That the following documents shall comprise the Contract, and shall
together be referred to as the “Agreement” or the Contract Documents”;
1.This Contract Agreement.
2.The City of Grand Island’s Specification for Safety Glasses.
3. Heartland Optical’s quote signed and dated October 9, 2015.
In the event of any conflict between the terms of the Contract Documents, the
provisions of the document first listed shall prevail.
ARTICLE II. That Heartland Optical, dispensing through Pearle Vision Center, shall: (a)
furnish all materials (frames and lenses); (b) provide and perform all necessary labor;
and (c) in a good and substantial and workmanlike manner and in accordance with the
requirements, stipulations, provisions, and conditions of the contract documents as
listed in the attached General Specifications, said document forming the contract and
being as fully a part thereof as if repeated verbatim herein, perform, execute, and
complete all work included in and covered by the City’s official award of this contract to
Heartland Optical, such award being based on the acceptance by the City of Grand
Island’s quote;
Grand Island Council Session - 11/10/2015 Page 64 / 154
ARTICLE III. That the City shall pay Heartland Optical for the performance of the work
embraced in this contract and Heartland Optical will accept as full compensation
therefore the amount(s) as stated in the Specification Document for all services,
materials, and work covered by and included in the contract award and designated in
the foregoing Article II; payments thereof to be made in cash or its equivalent in a timely
manner.
ARTICLE IV. Heartland Optical, hereby agrees to act as agent for the City in
purchasing materials and supplies for the City for Safety Glasses. The City shall be
obligated to the vendor of the materials and supplies for the purchase price, but
Heartland Optical, shall handle all payments hereunder on behalf of the City. The
vendor shall make demand or claim for payment of the purchase price from the City by
submitting an invoice to:
The City of Grand Island
Utilities Administration
PO Box 1968
Grand Island, NE 68802-1968
All invoices shall bear Heartland Optical’s name as agent for the City. This paragraph
will apply only to these materials and supplies actually incorporated into and become a
part of the finished product, SAFETY GLASSES.
ARTICLE V. The contract shall go into effect January 1, 2016, and remain into effect
until December 31, 2017.
ARTICLE VI. Heartland Optical/Pearle Vision Center, agrees to comply with all
applicable State fair labor standards in the execution of this contract as required by
Section 73-102, R.R.S. 1943. They further agree to comply with the provisions of
Section 48-657, R.R.S., 1943, pertaining to contributions to the Unemployment
Compensation Fund of the State of Nebraska. During the performance of this contract,
Heartland Optical/Pearle Vision Center agrees not to discriminate in hiring or any other
employment practice on the basis of race, color, religion, sex, national origin, age or
disability. Heartland Optical/Pearle Vision Center agrees to comply with all applicable
Local, State and Federal rules and regulations, and agrees to maintain a drug-free
workplace policy and will provide a copy of the policy to the City upon request.
GRATUTITIES and KICKBACKS
City Code states that it is unethical for any person to offer, give, or agree to give any
City employee or former City employee, or for any City employee or former City
employee to solicit, demand, accept, or agree to accept from another person, a gratuity
or an offer of employment in connection with any decision, approval, disapproval,
recommendation, or preparation of any part of a program requirement or a purchase
request, influencing the content of any specification or procurement standard, rendering
of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
Grand Island Council Session - 11/10/2015 Page 65 / 154
application, request for ruling, determination, claim or controversy, or other particular
matter, pertaining to any program requirement or a contract or subcontract, or to any
solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer
of employment to be made by or on behalf of a subcontractor under a contract to the
prime contractor or higher tier subcontractor or any person associated therewith, as an
inducement of the award of a subcontract or order.
HEARTLAND OPTICAL
By Date
Title:
CITY OF GRAND ISLAND, NEBRASKA
By Date
Jeremy L. Jensen, Mayor
Attest:
RaNae Edwards, City Clerk
The contract is due form according to law and hereby approved.
Date
Attorney for the City
Grand Island Council Session - 11/10/2015 Page 66 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-300
WHEREAS, the City of Grand Island invited quotes for Safety Glasses and
Service for the Utilities, Public Works and Parks and Recreation Departments, according to the
City’s Request for Quotes on file with the Utilities Administration Office; and
WHEREAS, quotes were due on October 13, 2015; and
WHEREAS, Heartland Optical of Lincoln, Nebraska, dispensing safety glasses
for Pearle Vision Center of Grand Island, Nebraska, submitted a quote in accordance with the
terms of the advertisement for quotes and all other statutory requirements contained therein.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of Heartland Optical of
Lincoln, Nebraska, dispensing for Pearle Vision Center of Grand Island, Nebraska, for safety
glasses and service for the Utilities, Public Works and Parks and Recreation Departments for the
years 2016 and 2017 for the amounts set out in its quote is hereby approved as the most
responsive quote received.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_____________________________
Jeremy L. Jensen, Mayor
Attest:
_____________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 67 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-7
#2015-301 - Approving Engineering Services for Elevated Water
Storage Tower
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 11/10/2015 Page 68 / 154
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting Date:November 10, 2015
Subject:Phase I - Elevated Water Storage Tower Engineering
Services
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The Utilities Department will periodically retain the services of a consultant to review the
City’s water system for deficiencies and to assist in planning future requirements. The
water system must meet certain operational standards to be suitable both for human
consumption and for fire protection. These operational standards include analyzing
chemical and microbiological components of the water, and hydraulic testing of the
system for flow and pressure characteristics. The consultant also projects future system
demands and recommends improvements for pumping and distribution components of the
system, as well as water sources.
The latest study completed earlier this year by HDR, resulted in a 20 year Master Plan for
the water system. Based on this Master Plan, areas of deficiency were noted, as well as a
general timetable for completing corrective actions. Some of the projects from the Master
Plan recommendations include: distribution system main replacement program, addition
of elevated storage, addition of system zones, and modifications to the pumping stations.
The current distribution system pressure is maintained by three pumping stations, one on
the west side of town, and two centrally located. Grand Island has a relative flat
topography that allows for single zone system.
It was recommended to add elevated storage (water tower) on the west side of Grand
Island to increase system storage and stabilize pressures, boost fire flow availability, and
allow for some emergency storage without pumping. The elevated storage construction
will be a phased over two years with procurement of the land, procurement of the
elevated storage tank, development of the site and installation of the water supply line,
and the final phase of construction of the tower.
Grand Island Council Session - 11/10/2015 Page 69 / 154
Discussion
Specifications for engineering services for the project, Elevated Water Storage Tower,
were advertised and issued for proposals in accordance with the City Purchasing Code.
Responses were received from the following firms:
Bidder Bid Price
Olsson Associates, Grand Island, NE $25,220.00
HDR, Omaha, NE $24,842.00
The proposals were reviewed by plant engineering staff for factors such as cost,
experience, and qualifications. Based on an evaluation of these factors, the Utilities
Department recommends that the engineering services contract for Elevated Water
Storage System Engineering be awarded to HDR, of Omaha, Nebraska.
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 Phase I – Elevated
Storage Water System Engineering to HDR, with the not-to-exceed cost of $24,842.00.
Sample Motion
Move to approve award of the contract for Phase I – Elevated Storage Water Storage
System to HDR of Omaha, Nebraska, with a not-to-exceed cost of $24,842.00.
Grand Island Council Session - 11/10/2015 Page 70 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
EINGINEERING SERVICES FOR STUDY ELEVATED WATER STORAGE TOWER
RFP DUE DATE:October 13, 2015 at 4:15 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:September 25, 2015
NO. POTENTIAL BIDDERS:6
SUMMARY OF PROPOSALS RECEIVED
HDR Olsson Associates
Omaha, NE Lincoln, NE
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Karen Nagel, Utilities Secretary
Lynn Mayhew, Assist. Utilities Director
P1845
Grand Island Council Session - 11/10/2015 Page 71 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-301
WHEREAS, the City of Grand Island invited a proposal for Engineering Services
for Elevated Water Storage Tower according to plans and specifications on file with the Utilities
Department; and
WHEREAS, on October 13, 2015, proposals were received, opened and reviewed;
and
WHEREAS, HDR of Omaha, Nebraska, submitted a proposal in accordance with
the terms of the advertisement, plans and specifications and all other statutory requirements
contained therein, such proposal being a not-to-exceed cost of $24,842.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of HDR of Omaha,
Nebraska, in the amount not to exceed $24,842.00, for Engineering Services for Elevated Water
Storage Tower, is hereby approved as the lowest responsible proposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 72 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-8
#2015-302 - Approving Amendment No. 2 & 3 to Agreement for
Engineering Consulting Services Related to Faidley Avenue Paving
Improvements; Project No. 2014-P-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 73 / 154
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Approving Amendment No. 2 & 3 to Agreement for
Engineering Consulting Services Related to Faidley
Avenue Paving Improvements; Project No. 2014-P-1
Presenter(s):John Collins PE, Public Works Director
Background
All agreements must be approved by the City Council.
On March 11, 2014, by Resolution No. 2014-49 the City entered into an agreement with
Alfred Benesch & Company of Lincoln, Nebraska for engineering design services for
Faidley Avenue Paving Improvements; Project No. 2014-P-1, in the amount of
$60,885.81.
On September 23, 2014, by Resolution No. 2014-298, Amendment No. 1 was approved
to include construction phase services for such paving project, as well as Faidley Avenue
Water Improvements; Project No. 2014-W-14, in the amount of $126,967.84 for a revised
agreement amount of $187,853.65.
Discussion
The original agreement with Alfred Benesch & Company is now being supplemented to
allow for additional construction phase services.
Amendment No. 2, in the amount of $4,920.90, addresses additional excavation along the
Moores Creek cleanout south to approximately West Old Potash Highway.
Amendment No. 3, in the amount of $5,704.43, covers design changes to the storm and
water plans, as well as construction staking for such work.
The increase in cost for both Amendment No. 2 & 3 is a total of $10,625.33, for a revised
agreement of $198,478.98.
Grand Island Council Session - 11/10/2015 Page 74 / 154
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign Amendment No. 2 & 3 to the Agreement with Alfred Benesch & Company
of Lincoln, Nebraska in the amount of $4,920.90 & $5,704.43, respectively, for Faidley
Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water
Improvements; Project No. 2014-W-14.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 75 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-302
WHEREAS, on March 11, 2014, by Resolution No. 2014-49 the Grand Island
City Council approved entering into an agreement with Alfred Benesch & Company of Lincoln,
Nebraska in the amount of $60,885.81 for engineering consulting services for Faidley Avenue
Paving Improvements; Project No. 2014-P-1; and
WHEREAS, on September 23, 2014, by Resolution No. 2014-298, Amendment
No. 1 was approved to include construction phase services for such paving project, as well as
Faidley Avenue Water Improvements; Project No. 2014-W-14, in the amount of $126,967.84 for
a revised agreement amount of $187,853.65; and
WHEREAS, the original agreement is being amended to include additional
excavation work along the Moore Creek cleanout south to approximately West Old Potash
Highway in Amendment No. 2 for an amount of $4,920.90; and
WHEREAS, the original agreement is being further amended to include design
changes to the storm and water plans, as well as construction staking for such work in
Amendment No. 3 for an amount of $5,704.43; and
WHEREAS, such amendments in the total amount of $10,625.33, equate to a
revised agreement amount of $198,478.98; and
WHEREAS, Amendment No. 2 & 3 to the original agreement with Alfred
Benesch & Company of Lincoln, Nebraska are required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 & 3 with Alfred
Benesch & Company for engineering consulting services related to Faidley Avenue Paving
Improvements; Project No. 2014-P-1 and Faidley Avenue Water Improvements; Project No.
2014-W-14 are hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such amendments on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 76 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-9
#2015-303 - Approving Change Order No. 2 for the 2015 Asphalt
Resurfacing Project No. 2015-AC-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 77 / 154
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Approving Change Order No. 2 for the 2015 Asphalt
Resurfacing Project No. 2015-AC-1
Presenter(s):John Collins PE, Public Works Director
Background
The City Council awarded the bid, in the amount of $955,830.76, for the 2015 Asphalt
Resurfacing Project No. 2015-AC-1, to J.I.L. Asphalt Paving Co. of Grand Island,
Nebraska on June 9, 2015 via Resolution No. 2015-146.
On October 13, 2015, by Resolution No. 2015-277, City Council approved a time
extension from October 15, 2015 to November 15, 2015 for the 2015 Asphalt
Resurfacing Project with no change in the contract amount.
Any changes to the contract require council approval.
Discussion
The reasons for the initial time extension included inclement weather and scheduling
conflicts with events. At this point in the year Public Works staff has determined it in the
best interest of the project to stop any further work from taking place to uphold the
integrity of the roadway until next spring, with a final completion date of June 30, 2016.
There will not be any contract amount increase with this change order.
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 - 11/10/2015 Page 78 / 154
Recommendation
City Administration recommends that the Council approve extending the completion date
to June 30, 2016, as noted in Change Order No. 2.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 79 / 154
CONTRACT TIME EXTENSION No. 2
PROJECT:2015 Asphalt Resurfacing Project No. 2015-AC-1
CONTRACTOR:J.I.L. Asphalt Paving Co.
AMOUNT OF ORIGINAL CONTRACT:$955,830.76
CONTRACT DATE:June 9, 2015
Notice to Proceed Date -------------------------------------------------July 1, 2015
Original Completion Date -----------------------------------------------October 15, 2015
Change Order No. 1 Revised Completion Date ------------------November 15, 2015
Change Order No. 2 Revised Completion Date ------------------June 30, 2016
The Above Change Order Accepted:
J.I.L. Asphalt Paving Co.
Contractor
By____________________________________Date_______________________
Approval Recommended:
By______________________________________________Date________________
John Collins PE, Public Works Director/City Engineer
Approved for the City of Grand Island, Nebraska
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 11/10/2015 Page 80 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-303
WHEREAS, on June 9, 2015, by Resolution No. 2015-146, the City Council of
the City of Grand Island approved the bid of J.I.L. Asphalt Paving Co. of Grand Island, Nebraska
in the amount of $955,830.76 for the 2015 Asphalt Resurfacing Project, known as Project No.
2015-AC-1; and
WHEREAS, on October 13, 2015, by Resolution No. 2015-277, City Council
approved a time extension from October 15, 2015 to November 15, 2015 for such project; and
WHEREAS, Public Works staff has determined it in the best interest of the
project to stop any further work from taking place to uphold the integrity of the roadway until
next spring; and
WHEREAS, an extension from November 15, 2015 to June 30, 2016 is necessary
in order to complete the project; and
WHEREAS, there will not be any contract amount increase with such time
extension; and
WEREAS, the Public Works Department supports such contract extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 2 between the City of Grand Island and
J.I.L. Asphalt Paving Co. of Grand Island, Nebraska to provide the requested time extension for
the 2015 Asphalt Resurfacing Project No. 2015-AC-1.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 81 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-10
#2015-304 - Approving Purchase of a Six (6) Truck-Mounted,
Reversible Snow Plows for the Streets Division of the Public Works
Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 82 / 154
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:November 10, 2015
Subject:Approving Purchase of a Six (6) Truck-Mounted,
Reversible Snow Plows for the Streets Division of the
Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
The Streets Division currently has six one-way snow plows that are each approximately
20 years old. These plows are mounted on the front of the dump trucks and used to clear
snow from snow emergency routes and residential areas.
A one-way snow plow is mounted on the truck at a fixed angle and pushes snow only one
way, but a reversible snow plow can push snow in either direction (right or left) via in-
cab controls. Upgrading to a reversible plow gives the operator more control of where the
snow is pushed with the ability to change the angle of the plow from either side or
straight forward. The increased control will result in a higher quality of snow removal
and the large trucks will be more usable in areas with obstacles like medians.
Discussion
Funds for the purchase of six (6) truck-mounted reversible snow plows was approved in
the 2015-2016 budget.
To meet competitive bidding requirements, an advertisement for bids was published on
October 8, 2015 and mailed to five (5) potential bidders. Five (5) bids were received and
opened on October 27, 2015; a bid summary detail is attached.
Public Works staff is recommending the purchase of Six (6) Truck-Mounted, Reversible
Snow Plows from Northern Truck Equipment Corp. of Sioux Falls, South Dakota for a
purchase price of $40,920.
Grand Island Council Session - 11/10/2015 Page 83 / 154
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of Six (6) Truck-
Mounted, Reversible Snow Plows from Northern Truck Equipment Corp. of Sioux Falls,
SD for a purchase price of $40,920.
Sample Motion
Move to approve the purchase of Six (6) Truck-Mounted, Reversible Snow Plows from
Northern Truck Equipment Corp. of Sioux Falls, SD for a purchase price of $40,920.
Grand Island Council Session - 11/10/2015 Page 84 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:October 27, 2015 at 2:00 p.m.
FOR:Truck Mounted, Reversible Snow Plows 2015
DEPARTMENT:Public Works
ESTIMATE:$78,000.00
FUND/ACCOUNT:10033501-85615
PUBLICATION DATE:October 8, 2015
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Northern Truck Equipment Corp.LCL Truck Equipment, Inc.
Sioux Falls, SD Hastings, NE
Bid Security:Hudson Insurance Co.Cashier’s Check
Exceptions:Noted Noted
Make:Universal Henke
Bid Price:$40,920.00 $45,504.00
Bidder:Matt Friend Truck Equipment Nebraska Environmental Products
Hastings, NE Lincoln, NE
Bid Security:Cashier’s Check Travelers Casualty & Surety Co.
Exceptions:None None
Make Monroe Wausau
Bid Price:$41,862.00 $54,354.00
Bidder:Palfleet Truck Equipment
Council Bluffs, IA
Bid Security:Westchester Fire Ins. Co.
Exceptions:Noted
Make:Henke
Bid Price:$50,910.00
Grand Island Council Session - 11/10/2015 Page 85 / 154
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt.
P1847
Grand Island Council Session - 11/10/2015 Page 86 / 154
Cutting edge is 5/8"x8"; Reversing cylinders are 4"x10"x2" (exceeds specifications); Power unit does not come with battery cable and hdraulic hoses - length not known plows are not installedPrice on bid form is based on a quantity of 4 to 6 units at $7,584 each. Less than four units will change the price to $8,310.00 eachUnits will be direct shipped to Grand Island Streets Dept. No labor in pricing/set up, Freight is included.nonenoneYES YES$8,485 $9,059$50,910 $54,3542015 20151 year, if registered online 2 years1 year60-90 days 60-90 daysPalfleet Truck EquipmentNebraska Environmental ProductsHenke Wasau41 R11ISP, ECT AT 4211BidderNorthern Truck EquipmentMakeUniversalModelCST-11-40P$6,820Extended Price$40,920Year2016Manufacturer’s Warranty1 YearDelivery Date75-95 DaysMatt Friend Truck EquipmentLCL Truck EquipmentMonroe HenkeMP41R11-ISCT & 00060822I Plow & Hitch41 R11IS, ECTMeet SpecificationsYES90-110 days 120 days20152016 or current build model1 Year 12 months$6,977 $7,584$41,862 $45,504YES YESExceptionsUnit PriceBid Opening: October 27, 2015Truck-Mounted Reversible Snow Plows 2015FORBID SUMMARY DETAILCITY OF GRAND ISLANDGrand IslandCouncil Session - 11/10/2015Page 87 / 154
Approved as to Form ¤ ___________
November 6, 20152 ¤ City Attorney
R E S O L U T I O N 2015-304
WHEREAS, bids for Six (6) Truck-Mounted, Reversible Snow Plows was
advertised on October 8, 2015 for the Grand Island Streets Division; and
WHEREAS, five (5) bids were received and opened on October 27, 2015; and
WHEREAS, Northern Truck Equipment Corp. of Sioux Falls, South Dakota
submitted a bid in accordance with the terms of the Advertisement for Bids and specifications
and all other statutory requirements contained therein, such bid being in the amount of $40,920;
and
WHEREAS, the bid submitted by Northern Truck Equipment Corp. is fair and
reasonable for such item(s).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent
payment in the amount of $40,920 for the purchase of Six (6) Truck-Mounted, Reversible Snow
Plows from Northern Truck Equipment Corp. of Sioux Falls, South Dakota is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 88 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-11
#2015-305 - Approving Bid Award for Two (2) 2016 Solid Waste
Transfer Trailers for the Solid Waste Division of the Public Works
Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 89 / 154
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:November 10, 2015
Subject:Approving Bid Award for Two (2) 2016 Solid Waste
Transfer Trailers for the Solid Waste Division of the
Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
On October 21, 2015 the Solid Waste Division of the Public Works Department
advertised for bids for two (2) 2016 Solid Waste Transfer Trailers.
Discussion
Two (2) bids were received and opened on November 4, 2015. The Solid Waste Division
of the Public Works Department and the Purchasing Division of the Attorney’s office
reviewed the bids that were received. The transfer trailers bid by Wilkens Industries of
Morris, MN meet all of the specifications. These transfer trailers are front-line pieces of
equipment that are utilized on a daily basis for hauling solid waste from the transfer
station to the landfill for disposal.
These trailers will replace the 2012 model transfer trailer that is being traded with this
purchase. The 2012 model year transfer trailer that is being traded is in need of major
repairs to the hydraulic walking floor, which would cost thousands of dollars to
repair/replace/upgrade.
BIDDER BASE PRICE TRADE-IN NET COST
Northern Truck Equipment of
Sioux Falls, SD
$146,346 $10,000 $136,346
Wilkens Industries of Morris, MN $151,170 $18,956 $132,214
Funds were budgeted for Fiscal Year 2015/2016 and are available in Account No.
50530040-85625. A picture of the trailer to be traded in is below.
Grand Island Council Session - 11/10/2015 Page 90 / 154
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of two (2) 2016
Solid Waste Transfer Trailers from Wilkens Industries of Morris, MN for the net cost of
$132,214.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 91 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 4, 2015 at 2:30 p.m.
FOR:(2) 2016 Solid Waste Transfer Trailers
DEPARTMENT:Public Works
ESTIMATE:$154,000.00
FUND/ACCOUNT:50530040-85625
PUBLICATION DATE:October 21, 2015
NO. POTENTIAL BIDDERS:9
SUMMARY
Bidder:Wilkens Industries, Inc.Northern Truck Equipment Corp.
Morris, MN Sioux Falls, SD
Bid Security:Cashier’s Check Hudson Insurance Co.
Exceptions:None Noted
Bid Price:$151,170.00 $146,346.00
Trade-In:$ 18,956.00 $ 10,000.00
Warranty: -0-______ -0-______
Total Bid:$132,214.00 $136,346.00
Delivery Date:150 – 180 days from order 140 – 170 days
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P1850
Grand Island Council Session - 11/10/2015 Page 92 / 154
Approved as to Form ¤ ___________
November 6, 20152 ¤ City Attorney
R E S O L U T I O N 2015-305
WHEREAS, the City of Grand Island invited sealed bids for two (2) 2016 Solid
Waste Transfer Trailers for the Solid Waste Division of the Public Works Department, according
to specifications on file with the Public Works Department; and
WHEREAS, on November 4, 2015 bids were received, opened and reviewed; and
WHEREAS, Wilkens Industries of Morris, Minnesota submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the net amount of $132,214.00; and
WHEREAS, Wilkens Industries’s bid is fair and reasonable for such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wilkens Industries of
Morris, Minnesota in the net amount of $132,214.00 for two (2) 2016 Solid Waste Transfer
Trailers is hereby approved as the lowest responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 93 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-12
#2015-306 - Approving Bid Award for One (1) 2016 35,000 Pound
Four Wheel Drive Front End Loader for the Solid Waste Division
of the Public Works Department
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 94 / 154
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:November 10, 2015
Subject:Approving Bid Award for One (1) 2016 35,000 Pound
Four Wheel Drive Front End Loader for the Solid Waste
Division of the Public Works Department
Presenter(s):John Collins PE, Public Works Director
Background
On October 21, 2015 the Solid Waste Division of the Public Works Department
advertised for bids for one (1) 2016 35,000 Pound Four Wheel Drive Front End Loader.
Discussion
One (1) bid was received and opened on November 4, 2015. The Solid Waste Division of
the Public Works Department and the Purchasing Division of the Attorney’s Office have
reviewed the bid that was received. The bid by NMC of Doniphan, NE meets all of the
specifications. This loader is a front-line piece of equipment that is utilized on a daily
basis at the transfer station. Funds were budgeted for Fiscal Year 2015/2016 and are
available in Account No. 50530040-85615. A summary of the bid is shown below.
BIDDER BASE PRICE REPURCHASING
AGREEMENT
Net Cost of
Ownership
NMC of Doniphan,
NE
$236,623 4 years/4,250 hours
= $115,000
$121,623
This machine will simply replace the 2012 model loader that is being sold back to NMC
in the amount of $118,000. This is the amount guaranteed by NMC from the purchase of
the machine back in 2012 from the total cost of ownership bid process that we typically
use to evaluate the most favorable bid when purchasing equipment. A picture of the
machine that we are selling back to NMC is shown below.
Grand Island Council Session - 11/10/2015 Page 95 / 154
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of one (1) 2016
35,000 Pound Four Wheel Drive Front End Loader from NMC of Doniphan, NE in the
amount of $236,623 with a guaranteed repurchase agreement of $115,000.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 96 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 4, 2015 at 2:15 p.m.
FOR:(1) 2016 35,000 lb 4-Wheel Drive Front End Loader
DEPARTMENT:Public Works
ESTIMATE:$122,000.00
FUND/ACCOUNT:50530040-85615
PUBLICATION DATE:October 21, 2015
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:NMC, Inc.
Doniphan, NE
Bid Security:Travelers Casualty & Surety Co.
Exceptions:None
Bid Price:$236,623.00
Trade-In:$118,000.00
Repurchasing Agreement:
1 yr or 1,000 hrs.$149,000.00
2 yrs or 2,000 hrs.$135,000.00
3 yrs or 3,000 hrs.$125,000.00
4 yrs or 4,250 hrs.$115,000.00
Delivery Date:12 to 15 weeks
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator William Clingman, Interim Finance Director
Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P1849
Grand Island Council Session - 11/10/2015 Page 97 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-306
WHEREAS, the City of Grand Island invited sealed bids for one (1) 2016 35,000
Pound Four Wheel Drive Front End Loader for the Solid Waste Division of the Public Works
Department, according to specifications on file with the Public Works Department; and
WHEREAS, on November 4, 2015 bids were received, opened and reviewed; and
WHEREAS, NMC of Doniphan, Nebraska submitted a bid in accordance with the
terms of the advertisement of bids and specifications and all other statutory requirements
contained therein, such bid being in the amount of $236,623.00; and
WHEREAS, the bid from NMC is considered fair and reasonable for such item;
and
WHEREAS, NMC guaranteed a repurchase price of $115,000, as part of their bid,
in four (4) years with no more than 4,250 hours for such piece of equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NMC of Doniphan,
Nebraska in the amount of $236,623.00 for one (1) 2016 35,000 Pound Four Wheel Drive Front
End Loader is hereby approved as the lowest responsive and responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 98 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-13
#2015-307 - Approving Change Order No. 1 for 3rd Street and
Wheeler Avenue Intersection Improvements; Paving Project No.
2015-P-2
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 99 / 154
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Approving Change Order No. 1 for 3rd Street and
Wheeler Avenue Intersection Improvements; Paving
Project No. 2015-P-2
Presenter(s):John Collins PE, Public Works Director
Background
The Diamond Engineering Co. of Grand Island, Nebraska was awarded a $169,662.70
contract by the City Council on May 12, 2015, via Resolution No. 2015-128, for 3rd
Street and Wheeler Avenue Intersection Improvements; Paving Project No. 2015-P-2.
This project is for the improvement of the Downtown 3rd Street and Wheeler Avenue
intersection and involves adding bump-outs to make for a more pedestrian friendly feel,
as well as installation of storm sewer for improved drainage.
Discussion
Public Works Administration is requesting Change Order No. 1 for 3rd Street and
Wheeler Avenue Intersection Improvements; Paving Project No. 2015-P-2 to further
address drainage issues and install insulation and a water proofing membrane to the inlet
due to the water main being at a higher elevation than expected, this will ensure it doesn’t
freeze. This change order will also provide credit for a break in one new storm sewer line
that the City handled and the contractor not meeting the project completion date of
September 11, 2015. Project was finished on September 18, 2015 and with the City
giving the contractor an extra day to complete the additional drainage issues and
deducting two (2) weekend days the liquidated damages charged to the contractor equate
to 4 days.
The estimated cost for such change order is detailed below.
Item No.Description Price Bid Quantity Total
CO1-1 Install Drain Inside Park $ 4,472.00 1.00 LS $ 4,472.00
CO1-2 Styrofoam & Water Stop in inlet $ 625.00 1.00 LS $ 625.00
CO1-3 Storm Break Fix (by City)$ (2,300.00)1.00 LS $ (2,300.00)
CO1-4 Liquidated Damages $ (1,000.00)4.00 DAY $ (4,000.00)
Change Order No. 1 Total $ (1,203.00)
Grand Island Council Session - 11/10/2015 Page 100 / 154
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order No. 1 for 3rd
Street and Wheeler Avenue Intersection Improvements; Paving Project No. 2015-P-2.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 101 / 154
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: November 10, 2015
PROJECT: 3rd Street & Wheeler Avenue Intersection Improvements; Paving Project No. 2015-P-2
CONTRACTOR: The Diamond Engineering Company
CONTRACT DATE: May 26, 2015
This change order will address the following on the 3rd Street and Wheeler Avenue Intersection Improvements;
Paving Project No. 2015-P-2
Item No.Description Price Bid Quantity Total
CO1-1 Install Drain Inside Park $ 4,472.00 1.00 LS $ 4,472.00
CO1-2 Styrofoam & Water Stop in inlet $ 625.00 1.00 LS $ 625.00
CO1-3 Storm Break Fix (by City)$ (2,300.00)1.00 LS $ (2,300.00)
CO1-4 Liquidated Damages $ (1,000.00)4.00 DAY $ (4,000.00)
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order .....................................................................................$169,662.70
Net Increase/Decrease Resulting from this Change Order .............................................................$ (1,203.00)
Revised Contract Price Including this Change Order ......................................................................$168,459.70
Approval Recommended:
By_______________________________________
John Collins PE, Public Works Director
Date
The Above Change Order Accepted:Approved for the City of Grand Island:
The Diamond Engineering Company____ By_________________________________
Contractor Jeremy L. Jensen, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Grand Island Council Session - 11/10/2015 Page 102 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-307
WHEREAS, on May 12, 2015, by Resolution 2015-128, the City of Grand Island
awarded The Diamond Engineering Co. of Grand Island, Nebraska the bid in the amount of
$169,662.70 for 3rd Street and Wheeler Avenue Intersection Improvements; Paving Project No.
2015-P-2; and
WHEREAS, it has been determined that modifications to the work to be
performed by The Diamond Engineering Co. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1;
and
WHEREAS, the result of such modifications will decrease the contract amount by
$1,203.00 for a revised contract price of $168,459.70.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 1 between the City of Grand Island and
The Diamond Engineering Co. of Grand Island, Nebraska to provide the modifications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 103 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-14
#2015-308 - Approving Change Order No. 2 for Faidley Avenue
Paving Improvements; Project No. 2014-P-1 & Faidley Avenue
Water Improvements; Project No. 2014-W-14
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 104 / 154
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Approving Change Order No. 2 for Faidley Avenue
Paving Improvements; Project No. 2014-P-1 & Faidley
Avenue Water Improvements; Project No. 2014-W-14
Presenter(s):John Collins PE, Public Works Director
Background
The Diamond Engineering Co. of Grand Island, Nebraska was awarded a $925,292.70
contract by the City Council on September 23, 2014, via Resolution No. 2014-297, for
Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue Water
Improvements; Project No. 2014-W-14.
On February 24, 2015, via Resolution No. 2015-54, City Council approved Change Order
No. 1, which allowed for grading to remedy poor drainage of Moores Creek from Old
Potash Highway to the proposed Faidley Avenue, correction of a concrete outfall
structure which drains into Moore’s Creek that was not found during the survey for the
project, modifications to storm sewer connections to existing structures and allowed for a
sleeve that was needed to account for misshaped pipe that was encountered during the
water main lowering. Such change order increased the contract by $49,028.57, for a
revised contract amount of $974,321.27.
This project will extend paving to join the two (2) existing segments of Faidley Avenue,
between North Road and Irongate Avenue.
Any changes to the contract require council approval.
Discussion
Several factors have delayed completion of the project; including inclement weather and
scheduling conflicts with other projects the contractor is responsible for; therefore Public
Works Engineering is recommending the final completion date for this project be
changed from August 1, 2015 to April 29, 2016.
There will not be any contract amount increase with this change order.
Grand Island Council Session - 11/10/2015 Page 105 / 154
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 extending the completion date
to April 29, 2016, as noted in Change Order No. 2.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 106 / 154
CONTRACT TIME EXTENSION
PROJECT:Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley Avenue
Water Improvements; Project No. 2014-W-14
CONTRACTOR:The Diamond Engineering Company
AMOUNT OF ORIGINAL CONTRACT:$925,292.70
CHANGE ORDER NO. 2 CONTRACT INCREASE: $49,028.57
REVISED CONTRACT: $974,321.27
CONTRACT DATE: September 23, 2014
Notice to Proceed Date -------------------------------------------------September 29, 2014
Original Completion Date -----------------------------------------------August 1, 2015
Revised Completion Date -------------------------------------------April 29, 2016
The Above Change Order Accepted:
The Diamond Engineering Co.
By____________________________________Date_______________________
Approval Recommended:
By______________________________________________Date________________
John Collins PE, Public Works Director/City Engineer
Approved for the City of Grand Island, Nebraska
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 11/10/2015 Page 107 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-308
WHEREAS, on September 23, 2014, by Resolution 2014-297, the City Council of
the City of Grand Island approved the bid of The Diamond Engineering Co. of Grand Island,
Nebraska in the amount of $925,292.70 for Faidley Avenue Paving Improvements; Project No.
2014-P-1 and Faidley Avenue Water Improvements; Project No. 2014-W-14; and
WHEREAS, City Council approved Change Order No. 1, via Resolution No.
2015-54, to address drainage issues with Moores Creek and modifications to storm sewer
connections; and
WHEREAS, the completion of such project has been delayed due to several
factors; and
WHEREAS, an extension from August 1, 2015 to April 29, 2016 is requested in
order to complete the project; and
WHEREAS, there will not be any contract amount increase with such time
extension; and
WEREAS, the Public Works Department supports such contract extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is,
authorized and directed to execute Change Order No. 2 between the City of Grand Island and
The Diamond Engineering Co. of Grand Island, Nebraska to provide the requested time
extension for the Faidley Avenue Paving Improvements; Project No. 2014-P-1 and Faidley
Avenue Water Improvements; Project No. 2014-W-14.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 108 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-15
#2015-309 - Approving Restricted Parking in Front of 234 East 3rd
Street
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 11/10/2015 Page 109 / 154
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:November 10, 2015
Subject:Approving Restricted Parking in Front of 234 East 3rd
Street
Presenter(s):John Collins PE, Public Works Director
Background
Council action is required to restrict parking on any public street.
The Public Works Department received a request from Brad Dobesh, G.I. YMCA
Facility Director, to designate a 200’ stretch on the north side of 3rd Street as a No
Parking zone for the center’s daycare center. Mr. Dobesh stated in his request letter that
the intent is to use the area as a secondary/alternative daycare entrance/exit for member
and children safety as well as to alleviate the traffic “bottle neck” experienced in the
north parking lot.
Discussion
During review of this request it was determined restricted parking would be more
beneficial to the daycare and fulfill Mr. Dobesh’s request. It is recommended by Public
Works Engineering staff that the space in front of 234 East 3rd Street be signed as 15
minute parking Monday through Friday; between the hours of 7:00am and 5:30pm. This
will allow use of the area by the daycare, as well as use of the parking spaces for the
downtown area in the evenings and weekends.
A sketch of the desired restricted parking area is attached for reference.
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 - 11/10/2015 Page 110 / 154
Recommendation
City Administration recommends that the Council approve the resolution restricting
parking in front of 234 East 3rd Street.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 111 / 154
Grand Island Council Session - 11/10/2015 Page 112 / 154
SYCAMORE STREET
KIMBALL STREET3RD STREETGRAND GENERATION CENTERYMCADaycare Entrance385' Total YMCA Frontage200' Proposed "RESTRICTED PARKING"243' Currently "NO PARKING"Grand IslandCouncil Session - 11/10/2015Page 113 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-309
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of
vehicles in or on any public street, public property, or portion thereof; and
WHEREAS, the Public Works Department is requesting that 200’on the north
side of 3rd Street, in front of 234 East 3rd Street, be designated as restricted parking; and
WHEREAS, it is recommended that such parking restriction request be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.Restricted parking, consisting of 200’ on the north side of 3rd Street, in front of
234 East 3rd Street, Monday through Friday; 7:00am to 5:30pm, is hereby
designated; and
2.The City’s Street Division of the Public Works Department shall erect and
maintain the signs necessary to effect the above regulation.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 114 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-16
#2015-310 – Approving Change Order No. 1 for GITV Control
Center HD Upgrade (Phase III)
Staff Contact: Wendy Meyer, Public Information Officer
Grand Island Council Session - 11/10/2015 Page 115 / 154
Council Agenda Memo
From:Jeremy Watson – Grand Island Television Manager
Meeting:November 10, 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 Resolution #2015-204 on July 28, 2015 for $100,000 for this
project. Additional funds were budgeted in 2015-16 budget to complete this project in the
amount of $63,350.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 11/10/2015 Page 116 / 154
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 resolution as submitted,
by AVI Systems, Omaha, NE.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 11/10/2015 Page 117 / 154
City of Grand Island CHANGE ORDER NUMBER 1
100 East 1st Street
Grand Island, Nebraska 68801 Date of Issuance: November 10, 2015
PROJECT: Grand Island elevision (GITV) High Definition (HD) Upgrade
CONTRACTOR: AVI Systems
CONTRACT DATE: July 28, 2015
The changes result in the following adjustment to the Contract Amount:
Contract Price Prior to This Change Order .....................................................................................$100,000.00
Net Increase Resulting from this Change Order..............................................................................$ 63,350.00
Revised Contract Price Including this Change Order ......................................................................$163,350.00
Approval Recommended:
By_______________________________________
Wendy Meyer, Public Information Officer
Date
The Above Change Order Accepted:Approved for the City of Grand Island:
AVI Systems________________________By_________________________________
Contractor Jeremy L. Jensen, Mayor
By Attest:
RaNae Edwards, City Clerk
Date Date_______________________________
Grand Island Council Session - 11/10/2015 Page 118 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-310
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 awarded a contract on June 28, 2015 in an amount
of $100,000.00 and
WHEREAS, in order to complete the project Change Order No. 1 is needed for an
increase of $63,350.00 and a revised contract price of $163,350.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order No. 1 in the amount of
$63,350.00 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, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 119 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-17
#2015-311 - Approving Renewal of the South Central Area Law
Enforcement Services (SCALES) Interlocal Agreement
Staff Contact: Steven Lamken
Grand Island Council Session - 11/10/2015 Page 120 / 154
Council Agenda Memo
From:Steven Lamken, Police Chief
Meeting:November 10, 2015
Subject:Renewal of the South Central Area Law Enforcement
Services, SCALES, Interlocal Agreement
Presenter(s):Steven Lamken, Police Chief
Background
The Grand Island Police Department has been a member of the South Central Area Law
Enforcement Services, SCALES, Compact for over a decade. SCALES was formed to
provide for local law enforcement agencies from the Tri County area to share law
enforcement resources and jointly sponsor specialized training for member agencies. The
Police Department has benefited from membership in SCALES. The interlocal agreement
expires August 1, 2016 and we are requesting to continue to participate in SCALES. All
member agencies pay $1000 annually for SCALES membership.
Discussion
SCALES is an interlocal compact of Tri County area law enforcement agencies who have
joined together to share law enforcement resources when needed and to jointly provide
specialized training for members of compact agencies. The Grand Island Police
Department has called upon SCALES to provide support in the past for in-custody death
investigations and events such as the President’s visit to Grand Island. In turn, our
department has provided support to other agencies in the compact for investigations and
special operations.
SCALES agency investigators meet periodically to share information and intelligence on
criminal activity in the area. These meetings create stronger working relationships among
agencies in addition to sharing information and intelligence.
SCALES also pools the membership fees and brings quality specialized training classes
into the SCALES area each year. This maximizes the effectiveness of our funds. A recent
example is that the Department had several officers attend a two day interview and
interrogation class that SCALES brought to Kearney. The cost of sending one officer out
of state to a similar class would have cost as much as our annual SCALES membership
fee. The specialized training made available is a valuable bonus to membership.
Grand Island Council Session - 11/10/2015 Page 121 / 154
SCALES is a proven cooperative agreement among thirteen regional Police and Sheriff’s
agencies that benefits all members. The Police Department is requesting the Council
approve the renewal of the interlocal agreement so that the Mayor can sign it when it is
routed to our department.
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 renewal of the South
Central Area Law Enforcement Services, SCALES, Interlocal Agreement.
Sample Motion
Move to approve the renewal of the South Central Area Law Enforcement Services,
SCALES, Interlocal Agreement.
Grand Island Council Session - 11/10/2015 Page 122 / 154
IATTERLOCAL AGREE,TE,VT FOR COOPERATIVE LATY EA{FORCEMENT
SERWCES
rHE c o uN rr E s g! 1!4!rs : ; ; lYri:t;;f, o
^,
pH E L ps, ME kRr c K ANDHALL, THE CITIES OF GRAND ISLAA'D, NASAiCS, KEARNEY, HOLDREGE,LEXINGTO!{, ALTRORA, A]VD COZAD
THIS AGREEMENT is made and entered into this _ day of2016, bv and betrveen the Counties of Adams, B;ffui;,;.rr*"lirr.Lr
^a;e "raHall and the cities of Grand Island. Hastings. K.u*.1, Holdrege, Lexington, Aurora, andCozad, all being a^bodies politic and corporate and political subdil.isions of the state ofNebraska, hereinafter referred to collectively'as the^''parties,' and individually as a"Part.v." WITNESSETH:
WHEREAS, the Parties desire to form an alliance among lar.v enforcementagencies of the Parties known as SCALE s (south Centlral Area Law Enforcementservices) to: promote cooperation amon-q such agencies to combat crime in the mosteffective manner possible: pror"ide for jolnt acqulsition oieqr,ip-ent and materials; andallor,v for cooperative sharing and utirization of in'estigative resources; and
WHEREAS, the Interlocal cooperation Act. Neb. Rer.. Stat. $ r3-g01, et seq.proYides that units of local goverrrment of the state oTNJraska and Nebraska stateagencies may enter into agreement for the joint and .oop..atil,e exercir" oilo*..rr,prir ileges, or authodty capable of being exercised b1. either agency; and
WHEREAS. Neb. Rer,'. Stat. $13-g01 pro'ides that any one or more publicagencies may contract \.vith any one *n'o.. public agencies to perform anygovemmental sen'ice, actir"itl', or other undertaking tin.n eachpublic ug*.y enteringinto the contract is authorized b1. lalr.to perform: aid
WHEREAS" Counties and the Cities are pubiic agencies as defined by Neb. Rev.Stat. 913-801; and r - --D-^
WHEREAS, Ngb.Rer'.Stat ' S2g-215 authorizes municipalities and counries toenter into contracts 'l'ith any' other municipalitl' o, .oun,1:ior law enforcement services orjoint larv enforcement services."
Now, THEREFOM. the parties mutuaily-co\.enant and agree as follows:
1) Term. This agreement shall ha'e a term of fir.e (5) years commencing August l,2016' Said agreement shall automaticallv rene*'i;;" more than fir,e successiveterms of one year each unless rvritten notice of the non-rene\\'al is provided by thenon-rene\'ving partl' to the other parties not less than 60 davs prior io trr. .rpiration ofthe then cunent term.
Grand Island Council Session - 11/10/2015 Page 123 / 154
2) Termination' This agreement ma1'be terminated at any time. rvith or rvithout cause.upon the mutual consent of a majoritl,of the...u., parties.
3) withdralval' An1'Part1'ma1-rvithdra*-from this agreement at any time, with orr.vithout cause, upon providing to the non_u,ithdrar.i.ir_e par-ties a u,.ritten notice of such
;;li#ll.fl.siven noi ress thai sixtl'(60) da1.s prio, io the effective date orthe
1) Governance' The activities of the cooperati'e under-taking shall be govemed by.aboard comprised of the Sheriff or chieiof Poti..rro. each of the parties, hereinafterreferred to as the o'Board." The Board shall meet noit.r, than lwo times eachcalendar year' The Board shall select us ofii..rr-u .huirp..ron and u ,..r"tury *rroshall serve terms of one 1'ear' A quorum of not less than a majority.of the Board shaljbe required to take action- All questions before the Board shall be determined bvmajorit}'vote of the members present. The Board may'adopt such by-laws and iulesof procedure as deemed appropriate by.the Board.
5) cooperafive Powers and Authoriq'. Each pan1"s chief of police or Sheriffmaysupply manpower and other resources. *hen a'u'ailable, upon the request of a party toassist with any ra*,'enforcement activiti., in.i;J;;. iut not iimited to:
3) the investigation or prer,,ention of any. crime:b) the se^,'ice and execution of anl.search u.arrant, andc) making of any arrest.
6) Lalv Enforcement Pow'ers. An1'sherifl deputy'sheriff, marshal. deputy marshal,police officer or peace officer emplol.ed Ul ".i'p""ilrfrat have the power andauthority to enforce the lar,r's of the Siate of xebrast a und to perform the functions ofhis or her office anl'rr,'here r.i,ithin the geo_erapil;;;;ry.of any parry q,hen acting orparticipating in a cooperative investigatiJn ;."";.;;ive rarv enforcement activitv atthe request of any'Party''s Sheriff or chief of police or an authorized desig";;;i;;;'such Sheriffor chief of porice. vr *'qslrlvrrz\-u'trsrll
7) claims and Indemnitl" At all times *'hile acting or parricipating in a cooperativeinYestigation or cooperatir,'e lau, enforce.""i ".,ii lr;:;* such participating sheriff,deputy sheritT, marshal. deput)'marshal, police ornc., or peace officer shall remainthe employee of the ratty' supptf ing such officer. Each partl'shall provide liability
uT|";; "nd indemnification for iis o\.vn personnei as provideo in i.leb.Rev.stat.
8) Modification' This Agreement ma1'be modified bv w.ritten agreement of the parties.
9) No separate Entitl" There shall be no separare legai entity,created through thisinterlocal cooperation a,qreement. Said agreem.n, irrurl^u. jointly adminisiered by.theBoard as provided in seition 4, above.
Grand Island Council Session - 11/10/2015 Page 124 / 154
l0) Properfl" Any ploq:rt)' acquired or made a'ailable b1. any parry to this agreementfor the purposes of this ugr..-.nr sharl remai; il;;rop.rty-of the party acquirin_e ormaking such property a'ailabl. uno ,rrurl-iffi;rJd of such parry as provided bvlaw, reguiation. or oidinun.. _eorl.*in_e the same.
t or sucn party as prc
a) Any propertl'acquired jointll shali, upon termination, be equitably distributedamong the Parties based upon the Parties' n""".Lr contributions toward the
flffi11T
and mainrenance of anl'zuch.prop.nl.. r, the event any party withdrawsai.**ffi :ilH:;H'j,1T:*i::":T:;'ilffi fi11 ji*i;;l*l;il1n""
withdrarvin-e Partl"s financial contributions tor.vard the purchase and maintenance_ of any such jointl,v- held propeny.b) Any property to be purchurJJ uno.lointll,held b1.rhe parties shall be purchased
ffi il::::"",i:fJi.Ji,ili::nI,,u,ui.,uppii.uur.,;;;p;;lXi,*,r,.c) Any surplus or unusable jointll' held propertl, shail be disposed pursuant to therules or statutes applicabie to t-h. part.r, makiil; disposition on behalf of theParties' The proceeds of an1'sale or iirporlt-l-o-n oiyointtl,held property shall beequitablt' distributed among-the p*i.r il"r.;;; the parries, financiarcontributions toward the pulchase and maintenance of any such propertl..d) an inventory of alr properrl' jointtr.irerd;;;;;;" on the disposition of an'joint propertl'sold' ituntt tt'.d or disposed oraurlng the prior twerve months shallljiTli:d to the citv'or coun^' ci5* "i.".;-;;, on or prior to April 1 or
I 1) Finances' This agreement shall be financed b1' funds ar,-airable to the parties hereto.
l2) Provision of Assistance. Pursuant to the interrocal cooperation Act, any party tothis a_ereement, in the part;,.,s sole d;iease,"ii"e, o, otr'.,or,. p;o; id. ;;irlllrlrl#ilrlxflxt,ffi}::::::"il::,'"tt;",be r'vithin the partl''s legal porver i" r"*irrr' -'rvrss'rs vclsuiurcl ano servlce
I 3) Additional Agreements.
a) The pro'isions o-f this agreement shali not be construed to impose an obli_eationon any Partl'to this agreement to respond to a request fo. assistan"". iiu.ry ti-.assistance is requested, the partl'so requested ma-r-, for any reason, deem itadvisable "o,l: lesglnd and ma1 ," ;'f";;. iq#r,ins parry.b) This agreement shail become e#ective for each puil:*tr.n that party byordinance, motion or resolution uaoft, lt ,p;;il., ,n,, agreement andauthorizes the proper official to execute this agreement.c) Additionar cities or counries -u1: b..o-. p;;;;;;^r't,, u*r.._enr uponacceptance and execution of this asreement, and upon approval by the governingbodies of the parties alreadv a part), to this agreement.
Grand Island Council Session - 11/10/2015 Page 125 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-311
WHEREAS, the Grand Island Police Department has been a member of the South
Central Area Law Enforcement Services, SCALES, Interlocal for several years; and
WHEREAS, Membership in SCALES provides for the sharing of resources, the
exchange of information and specialized training opportunities for officers; and
WHEREAS, the SCALES Interlocal Agreement needs to be renewed by August
1, 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, Move to approve the renewal of the South Central
Area Law Enforcement Services, SCALES, Interlocal Agreement and have the Mayor sign the
Interlocal Agreement at a later date when circulated to the City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 126 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-18
#2015-312 - Approving Contract for Library Voice
Communications System
Staff Contact: Steve Fosselman, Library Director
Grand Island Council Session - 11/10/2015 Page 127 / 154
Council Agenda Memo
From:Steve Fosselman, Library Director
Meeting:November 10, 2015
Subject:Approving Contract for Library Voice Communications
System
Presenter(s):Andrew Duey, City of Grand Island Network Consultant
- Duey’s Computer Service, Inc.
Background
On September 2, 2015 the City of Grand Island issued a request for proposals to replace
the 22 year old telephone system installed at Grand Island Public Library in 1993. The
proposal called for a hybrid system to take advantage of the library’s current phone
wiring structure while allowing for the introduction of IP phones and other innovations.
Authority for replacement of the phone system is budgeted at $20,000 in the library’s
2015-2016 10044301.85620 capital outlay line item.
Discussion
Instead of seeking quotes, the process was conducted as a Request for Proposals which
necessitates City Council approval. Five proposals were received on September 22, 2015
and evaluated by Steve Fosselman, Library Director; Nancy Broich, Library Secretary;
Becky Otte, Library Assistant II, Brenda Halm, Library Assistant I and Andrew Duey,
City of Grand Island Network Consultant. Proposals were evaluated based on service,
maintenance, and training (30%); system performance including ease of use (25%);
implementation plan including completion date (10%); future flexibility (10%); and price
- purchase and maintenance (25%).
Two vendors were invited to provide a “live” demonstration of a working telephone
system using the proposed equipment for the library committee members to assess and
examine in terms of ease of use and adaptability for library operations. The Toshiba
system offered by Americom Communications Corporation of Lincoln, Nebraska was
most highly-rated rated by library staff and negotiations commenced with this firm. A
final price of $14,774.00 was determined.
While all systems have similar features, current and future capacity for growth, and the
ability to serve as hybrid digital/IP systems including smartphone apps, the recommended
Grand Island Council Session - 11/10/2015 Page 128 / 154
system meets or exceeds other proposals in a number of critical areas in terms of ease of
use and adaptability for library operations:
Digital phones with a minimum of four-line backlit LCD display with 12 fixed
and 20 programmable buttons, very easy for staff to view and use with the large
number of frequently-needed library extensions
Seven year warranty on Toshiba parts, five year warranty on software support/
upgrade service and voice mail server parts, and one year warranty on labor
Voicemail storage capacity of 4,000 hours
Three hour service response time for major outages
Vender has been installing phone systems for over 34 years with five technicians
certified on this system
To allow for additional convenience and functionality, we negotiated upgrades for six of
the digital phones for office desk use. These phones feature nine-line large-screen backlit
LCD with 20 programmable button LCD key labels and full duplex speakerphones. Two
IP phones (gigabit) have also been added to the proposal, for use in situations requiring
telephone access but lacking phone jacks. Each IP phone features nine-line large-screen
backlit LCD with 20 programmable button LCD key labels and full duplex speakerphone.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the contract with Americom Communications Corporation
in the amount of $14,774.00
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 Library Voice
Communication System contract with Americom Communications Corporation for
$14,774.00.
Sample Motion
Move to Approve the Library Voice Communications System contract with Americom
Communications Corporation for $14,774.00.
Grand Island Council Session - 11/10/2015 Page 129 / 154
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
VOICE COMMUNICATIONS SYSTEM AT CITY OF GRAND ISLAND LIBRARY
RFP DUE DATE:September 22, 2015 at 4:00 p.m.
DEPARTMENT:Library
PUBLICATION DATE:September 2, 2015
NO. POTENTIAL BIDDERS:4
SUMMARY OF PROPOSALS RECEIVED
Windstream Communications Business Telecommunication Systems
Charlotte, NC Grand Island, NE
Cisco Systems, Inc.Telephone Systems
Omaha, NE Grand Island, NE
Americom Communications Corporation
Lincoln, NE
cc:Steve Fosselman, Library Director Marlan Ferguson, City Administrator
William Clingman, Interim Finance Director Stacy Nonhof, Purchasing Agent
P1836
Grand Island Council Session - 11/10/2015 Page 130 / 154
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Grand Island Council Session - 11/10/2015 Page 132 / 154
Grand Island Council Session - 11/10/2015 Page 133 / 154
Grand Island Council Session - 11/10/2015 Page 134 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
RESOLUTION 2015-312
WHEREAS, the City of Grand Island invited proposals to replace the existing voice
communication system within the Library; and
WHEREAS, proposals were received, reviewed and evaluated in accordance with the
established criteria in the RFP; and
WHEREAS, Americom Communications Corporation of Lincoln, Nebraska submitted a
proposal to replace the current system for $14,774.00; and
WHEREAS, the proposed system includes a seven year warranty on Toshiba parts, a five
year warranty on software support and upgrade service and voice mail server parts, and a one
year warranty on labor; and
WHEREAS, the proposed agreement has been reviewed and approved by the City
Attorney’s office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Americom Communications
Corporation of Lincoln, Nebraska in the amount of $14,774.00 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
___________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 135 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item G-19
#2105-313 - Approving Contract Extension Request for
Comprehensive Revitalization Community Development Block
Grants
Staff Contact: Charley Falmlen
Grand Island Council Session - 11/10/2015 Page 136 / 154
Council Agenda Memo
From:Charley Falmlen, Community Development
Meeting:November 10, 2015
Subject:Approving Contract Extension Request for
Comprehensive Revitalization Community Development
Block Grants
Presenter(s):Charley Falmlen, Community Development Specialist
Background
The Nebraska Department of Economic Development (NDED) developed a
Comprehensive Revitalization program to utilize Community Development Block Grant
(CDBG) funds in non-entitlement communities. This program allocates grant funds over
a multi-year period to meet locally identified needs that are CDBG eligible. Since 2013,
The City of Grand Island has received $740,000 in Comprehensive Revitalization Funds.
The funds have been allocated to the funding category of “Streets” and intended for use
along 4th and 5th Street to address curb reconstruction and ADA accessibility. Since the
original application for funding, one extension has already been granted, with an end date
of November 29, 2015.
Discussion
The improvements to 4th and 5th Street are well underway. Design has been completed
and the bid process has taken place. The first portion of the construction contract has
been completed. But the contractor who was awarded the bid has requested to be
removed from the work obligations, due to his inability to meet the parameters of the
contract. For this reason the second and third portion of this project will be sent to re-bid.
Since “construction season” is nearing its end, we would like to file an extension that
would allow the incoming contractor adequate time to finish the project with the
necessary attention and detail.
The City anticipates this project being completed by mid-summer 2015, as it will be
considered a priority by the contractor due to the timeline
Grand Island Council Session - 11/10/2015 Page 137 / 154
All projects discussed above are subject to Davis-Bacon, and for this reason, we have
allotted a large amount of time for project wrap up, dispersal of last contractor paychecks,
and final reporting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the extension request
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 extension request.
Sample Motion
Move to approve the contract extension request for Comprehensive Revitalization
Community Revitalization Block Grants and authorize the Mayor to sign all appropriate
documents.
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Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-313
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general
local government authorized to receive Community Development Block Grant (CDBG) contract
amendment through the Nebraska Department of Economic Development; and
WHEREAS, the Nebraska Department of Economic Development offers a CDBG
Economic Development Grant for activities that meet the CDBG national objective of benefiting
low-to-moderate income persons; and
WHEREAS, 3 grants were awarded in the amount of $720,000 for the purposes of
Comprehensive Revitalization; and
WHEREAS, the City is requesting an extension of the contract deadline with the
State of Nebraska; and
WHEREAS, the Nebraska Department of Economic Development presently
requires certification of approval of the local governing body.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is
hereby authorized to apply for a contract extension with the Nebraska Department of Economic
Development for the Comprehensive Revitalization Grants and the Mayor is hereby authorized
and directed to execute such proceedings on behalf of the City of Grand Island for such grant
programs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 145 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item I-1
#2015-314 - Consideration of Request from 2nd Street Stop, Inc.
dba Pam’s 1 Stop C Store and Value Inn Motel, 2105 West 2nd
Street for a Class “D” Liquor License and Liquor Manager
Designation for Pamela Ehlers, 2170 N. Monitor Road
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/10/2015 Page 146 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-314
WHEREAS, an application was filed by 2nd Street Stop, Inc. doing business as
Pam’s 1 Stop C Store and Value Inn Motel, 2105 West 2nd Street for a Class "D" Liquor License;
and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on October 31, 2015; such publication cost being $16.77;
and
WHEREAS, a public hearing was held on November 10, 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 Pamela Ehlers,
2170 N. Monitor Road as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 147 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item I-2
#2015-315 - Consideration of Request from The Chocolate Bar,
Inc. dba The Chocolate Bar, 116 West 3rd Street for an Addition to
their Class “IK-086925” Liquor License
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: RaNae Edwards
Grand Island Council Session - 11/10/2015 Page 148 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-315
WHEREAS, an application was filed by The Chocolate Bar, Inc. doing business
as The Chocolate Bar, 116 West 3rd Street for an addition to their Class "IK-086925" Liquor
License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on October 31, 2015; such publication cost being $17.26;
and
WHEREAS, a public hearing was held on November 10, 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:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 149 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item I-3
#2015-316 - Consideration of Appointment of Daniel Brotzman as
City Attorney
Staff Contact: Mayor Jeremy Jensen
Grand Island Council Session - 11/10/2015 Page 150 / 154
Council Agenda Memo
From:Mayor Jeremy Jensen
Meeting:November 10, 2015
Subject:Appointment of Daniel Brotzman as City Attorney
Presenter(s):Mayor Jeremy Jensen
Background
The search for a new City Attorney began in December of 2014. During this time, Robert
Sivick has continued to serve as the City Attorney during the search. The recruitment
process was conducted by the City’s Human Resources Department. The selection
process included involvement from various Department Directors, two City Council
members, a legal department member and the City Administrator.
Under Neb. Rev. Stat., §16-308 and Grand Island City Code, §2-30, the office of City
Attorney, for the City of Grand Island, Nebraska, is an appointed position. The position is
appointed by the Mayor and approved by the Council and serves through the Mayor’s
term.
Discussion
I am pleased to present Daniel Brotzman as my choice for appointment to the City
Attorney position.
Brotzman currently resides in Englewood, Colo., and has been employed as the city
attorney for the City of Englewood since 1995. In this position, Brotzman was
responsible for the daily operations of the municipal law office including handling
litigation and claims, drafting ordinances, supervising outside counsel, and facilitating
collective bargaining negotiations with local union personnel. During his career at
Englewood, Brotzman also provided counsel to city officials and staff on land use,
legislation, risk management, personnel, environmental regulations, litigation, and
finance taxation.
Prior to this position, Brotzman was the assistant city attorney for the City of Englewood
where he was the lead trial attorney for the prosecution of municipal ordinance violations.
Grand Island Council Session - 11/10/2015 Page 151 / 154
Brotzman also worked as an attorney at DeWitt and Brotzman representing individuals
and small business clients in a wide range of legal matters.
Brotzman earned a Bachelor of Arts in business administration from the University of
Denver in Colorado. Furthermore, he earned his Juris Doctorate from Creighton
University School of Law in Omaha.
Brotzman is a member of the Colorado Bar Association, International Municipal Bar
Association, American Bar Association, and Municipal Advisory Board to the Attorney
General of Colorado. He is a board member for the Center for Education in Law and
Democracy and serves as president of Denver Cherry Creek Rotary Club and Foundation.
Pending City Council approval Brotzman’s employment will commence in January 4,
2016. His starting salary will be at step fifteen of the City Attorney pay scale which is
$124,489.13 annually. As City Attorney he will supervise the legal department staff.
Mr. Brotzman will bring a career worth of knowledge and experience to the position.
Furthermore he will be a great addition to our leadership team.
Finally, I would also like to express my appreciation to Robert Sivick for continuing to
represent the City Of Grand Island as the City Attorney during the candidate search.
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
I recommend the approval of Daniel Brotzman as the City Attorney.
Sample Motion
Move to approve Daniel Brotzman as the City Attorney.
Grand Island Council Session - 11/10/2015 Page 152 / 154
Approved as to Form ¤ ___________
November 6, 2015 ¤ City Attorney
R E S O L U T I O N 2015-316
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Attorney, for the
City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of City Attorney,
for the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the
position of City Attorney; and
WHEREAS, this position appointed by the Mayor and confirmed by the City
Council shall hold the position to which they may be appointed until the end of the Mayor’s term
of office; and
WHEREAS, Daniel Brotzman has accepted the offer and is prepared to start work
on January 4, 2016 at Step 15 of the City Attorney salary table of $124,489.13.
WHEREAS, this position appointed by the Mayor may be removed at any time by
the Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Daniel Brotzman is hereby duly
appointed the City Attorney for the City of Grand Island, Nebraska, until the end of the Mayor’s
term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, November 10, 2015.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 11/10/2015 Page 153 / 154
City of Grand Island
Tuesday, November 10, 2015
Council Session
Item J-1
Approving Payment of Claims for the Period of October 28, 2015
through November 10, 2015
The Claims for the period of October 28, 2015 through November 10, 2015 for a total amount of
$3,435,710.02. A MOTION is in order.
Staff Contact: William Clingman
Grand Island Council Session - 11/10/2015 Page 154 / 154