05-24-2016 City Council Regular Meeting Packet
City of Grand Island
Tuesday, May 24, 2016
Council Session Packet
City Council:
Linna Dee Donaldson
Michelle Fitzke
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Roger Steele
Mark Stelk
Mayor:
Jeremy L. Jensen
City Administrator:
Marlan Ferguson
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street
Grand Island Council Session - 5/24/2016 Page 1 / 119
City of Grand Island Tuesday, May 24, 2016
Call to Order
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open
Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room
as required by state law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
Invocation - Pastor Dan Brenton, Evangelical Free Church, 2609 South Blaine
Street
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
Grand Island Council Session - 5/24/2016 Page 2 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item D-1
#2016-BE-4 - Consideration of Determining Benefits for Sanitary
Sewer District No. 537T, Ext of Sanitary Sewer to Serve Lot 1 &
Lot 2, TLST Spiehs Subdivision and Part of the N 10 Acres of the
W Half of the NW Quarter (W1/2NW1/4) All In Section 10,
Township 11N, Range 9W
Council action will take place under Resolutions item I-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 3 / 119
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:May 24, 2016
Subject:Consideration of Determining Benefits for 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, Hall County, Nebraska
Presenter(s):John Collins PE, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer District No. 537T was approved
on March 8, 2016 with April 12, 2016 set as the date for Council to sit as the Board of
Equalization. Due to legal description concerns with affected properties this item was
pulled from the April 12, 2016 council meeting to allow sufficient time to ensure all
documents are correct and legal for filing with Hall County Register of Deeds.
All work has been completed and special fees have been calculated for the tap district.
Discussion
Sanitary Sewer District No. 537T was created by City Council on November 10, 2015,
via Ordinance No. 9564. Such sanitary sewer district construction was combined with
North Interceptor Phase II work.
Work on the tap district was completed at a total price of $177,026.57. Costs for the
district break down as follows:
Quantity Unit Unit Cost Total Cost
8" Sanitary Sewer Line 1269.00 LF $ 65.80 $ 83,500.20
4" Sanitary Sewer Service 104.00 LF $ 70.00 $ 7,280.00
Sanitary Sewer Service Connection 13.00 EA $ 1,000.00 $ 13,000.00
48" Diameter Manhole 7.00 EA $ 4,550.00 $ 31,850.00
Tree Removal 1.00 LS $ 6,825.00 $ 6,825.00
Lawn Seed application 1.14 AC $ 1,100.00 $ 1,254.00
Grand Island Council Session - 5/24/2016 Page 4 / 119
Remove and Replace Fence (wire)794.00 LF $ 6.00 $ 4,764.00
Remove and Replace Fence (wood board)126.00 LF $ 21.53 $ 2,712.78
Remove and Reset Playground Equipment 1.00 LS $ 500.00 $ 500.00
Miscellaneous Removals 1.00 LS $ 500.00 $ 500.00
Mobilization 1.00 LS $ 7,609.30 $ 7,609.30
SUBTOTAL $ 159,795.28
Easements
Temporary Easements (3)1.00 LS $ 2,500.00 $ 2,500.00
Permanent Easements (2)1.00 LS $ 1,000.00 $ 1,000.00
SUBTOTAL $ 3,500.00
Engineering Costs 1.00 LS $ 13,731.29 $ 13,731.29
SUBTOTAL $ 13,731.29
TOTAL DISTRICT 537T COSTS $ 177,026.57
CREDIT – Cast in Place Concrete Manhole 1.00 LS ($80,000.03)($ 80,000.03)
TOTAL DISTRICT 537T CREDITS ($ 80,000.03)
TOTAL DISTRICT 537T COLLECTABLE FEES $ 97,026.54
That cost is apportioned to each of the properties within the district based upon equal
division of lots served to determine the connection fee. Properties that have already made
connection to the sanitary sewer main prior to installation of the new main will be given
credit towards their tap fee calculation from their pre-existing sanitary sewer agreement.
Connection fees will be collected prior to the properties being connected to City sanitary
sewer service. Unlike an assessment district which allows for payments to be spread over
a 10 year period at 7% simple interest with the first payment of principle only due 10
days after the ordinance is filed, the tap fees are not due until such time the property
owner chooses to connect to the City sanitary sewer main and is due in full at that time.
Property Owner Address Previous Fees Paid
Sergio Urbina 805 E Capital Ave $1,112.76
Total Previous Fees Paid $1,112.76
The allocation for District 537T was completed at a construction price of $177,026.57,
with existing agreement credits of $1,112.76 and a contract credit of $80,000.03 for a
revised tap fee total of $95,913.78.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 5/24/2016 Page 5 / 119
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
Public Works Administration recommends that the Council sit as the Board of
Equalization to determine benefits and pass an Ordinance to levy a Special Tap Fee to
individual properties.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution determining benefits for Sanitary Sewer District No.
537T.
(Sample Motion for the Ordinance)
Move to approve the Ordinance levying the tap fees for Sanitary Sewer District No.
537T.
Grand Island Council Session - 5/24/2016 Page 6 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
This Space Reserved for Register of Deeds
RESOLUTION NO. 2016-BE-4
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No.
2016-BE-4 shall not be levied as special assessments but shall be certified by this resolution to
the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103 R.R.S. 1943. A
connection fee in the amount of the benefit identified below accruing to each property in the
district shall be paid to the City of Grand Island at time such property becomes connected to the
sanitary sewer main. No property benefited as determined by this resolution shall be connected
to the sanitary sewer main until the connection fee is paid. The connection fees collected shall
be paid into the fund from which construction costs were made to replenish such fund for the
construction costs.
According to the front foot and area of the respective lots, tracts, and real estate
within such Sanitary Sewer District No. 537T, such benefits are the sums set opposite the
descriptions as follows:
Parcel
No.Owner Legal Description
Connection
Fee
400205955 Jose Haro
Martha Haro
The North One Hundred Eighty Two (182.0) feet of a certain
part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), which point is one Thousand One
Hundred Eighty Eight (1188.0) feet West of the Northeast
corner of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence South parallel to the East line of the said
North Ten (10) acres Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the said
North Ten (10) acres One Hundred Thirty Four and Seven
Tenths (134.7) feet to a point on the West line of the said
North Ten (10) acres; running thence North upon and along
the West line of the said North Ten (10) acres Three Hundred
$7,463.58
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RESOLUTION NO. 2016-BE-4 (Cont.)
- 2 -
Thirty One (331.0) feet to the Northwest corner of the said
North Ten (10) acres; running thence East upon and along
the North line of the said North Ten (10) acres One Hundred
Thirty Three and Nine Tenths (133.9) feet to the actual point
of beginning; EXCEPT the South Fifty (50.0) feet of said
North One Hundred Eighty Two (182.0) feet thereof; and
subject to one-half (½) of the County Road to the North and
West of said premises.
400205963
Juan Rico
Anna M Villa De Rico
The South Fifty (50) feet of the North One Hundred Eighty
Two (182.0) feet of that part of the North Ten (10) acres of
the West Half of the Northwest Quarter (W ½ NW ¼) of
Section Ten (10), Township Eleven (11) North, Range Nine
(9), West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the North line of said Section Ten
(10), a distance of One Thousand One Hundred Eighty Eight
(1188.0) feet West of the Northeast corner of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section; running
thence South parallel to the East line of said West Half of the
Northwest Quarter (W ½ NW ¼) of said Section for a
distance of Three Hundred Thirty One (331.0) feet; running
then West parallel to the North line of said Section Ten (10),
a distance of One Hundred Thirty Four and Seven Tenths
(134.7) feet, more or less, to a point on the West line of
Section Ten (10); running thence North upon and along said
West Section line for a distance of Three Hundred Thirty One
(331.0) feet to the Northwest corner of said Section Ten (10);
running thence East upon and along the North line of said
Section Ten (10) for a distance of One Hundred Thirty Three
and Nine Tenths (133.9) feet, more or less, to the Actual
Point of Beginning.
$7,463.58
400206080 Rhonda Coon
Ricky Coon
A certain tract of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10), in
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the West line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Hundred Eighty
Two (182.0) feet South of the Northwest corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), the point of beginning;
running thence South on the West line of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10) for
a distance of One Hundred Forty Nine (149.0) feet; running
thence East for a distance of One Hundred Thirty Four and
Seven Tenths (134.7) feet; running thence North parallel with
the West line of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section Ten (10)
for a distance of One Hundred Forty Nine (149.0) feet; thence
running West and parallel to the North line of said Ten (10)
acre tract to the point of beginning. Subject, however, to One
Half (1/2) of the County Road to the West of said premises.
$7,463.58
Grand Island Council Session - 5/24/2016 Page 8 / 119
RESOLUTION NO. 2016-BE-4 (Cont.)
- 3 -
400214059 Gary Ummel
Estel Ummel
Lot Two (2), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska.$7,463.58
400205939 Timothy S Grudzinski
Cassandar L Grudzinski
The West Half of the following described tract: Part of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of Section Ten (10), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska and more particularly described as follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet, to a point on the North line of said Ten (10)
acres tract; running thence East along and upon the North
line of said Ten (10) acre tract, One Hundred Thirty Two
(132.0) feet to the actual point of beginning, subject however
to the Half (½) of the County Road to the North of said
premises, Hall County, Nebraska.
$7,463.58
400205920 Reinier Fernandez Solorzano
The East Half (E ½) of the following described tract:
Part of the North Ten (10) Acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract,
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet to a point on the north line of said Ten (10)
acre tract; running thence East along and upon the North line
of said Ten (10) acre tract, One Hundred Thirty Two (132.0)
feet to the actual point of beginning.
$7,463.58
400206056 Wesley T Tjaden
Part of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., more particularly described as
follows:
Beginning at a point on the North line of said Section Ten
(10), which point is Nine Hundred Twenty Four (924.0) feet
West of the Northeast corner of the Northwest Quarter of the
$7,463.58
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RESOLUTION NO. 2016-BE-4 (Cont.)
- 4 -
Northwest Quarter (NW ¼ NW ¼) of said Section Ten (10);
running thence South and parallel to the East line of said
Section Ten (10) a distance of Three Hundred Thirty One
(331.0) feet; running thence West and parallel to the North
line of said Section Ten (10) a distance of One Hundred
Thirty Two (132.0) feet; running thence North and parallel to
the East line of said Section a distance of Three Hundred
Thirty One (331.0) feet to the North line of said Section Ten
(10); running thence East and along and upon the North line
of said Section Ten (10) a distance of One Hundred Thirty
Two (132.0) feet to the point of beginning.
400205947
Anna Lee Young
Life Estate B Haycock &
B Hardenbroc
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Seven Hundred
Ninety Two (792.0) feet West of the Northeast corner of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence South parallel to the East line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), Three Hundred Thirty One (331.0)
feet; running thence West parallel to the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet; running thence North parallel to the
East line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10),
Three Hundred Thirty One (331.0) feet to a point on the North
line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence East upon and along the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet to the actual point of beginning,
subject, however to One Half (1/2) of the County Road to the
North of said premises.
$7,463.58
400206013 JK Investments, LLC
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Six Hundred Sixty
(660.0) feet West of the Northeast corner of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
$7,463.58
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RESOLUTION NO. 2016-BE-4 (Cont.)
- 5 -
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning.
400206005 Sergio Urbina
Idalia Urbina
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼), of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Five Hundred Twenty
Eight (528.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty (330.0) feet; running
thence West parallel to the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), One Hundred Thirty Two (132.0)
feet; running thence North parallel to the East line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty (330.0) feet, to a point on the North line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises.
$6,350.82
400205912 Cruz C Ramos, Sr.
Minerva M Ramos
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10) which point is Three Hundred Ninety
Six (396.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
$7,463.58
Grand Island Council Session - 5/24/2016 Page 11 / 119
RESOLUTION NO. 2016-BE-4 (Cont.)
- 6 -
Section Ten (10) Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10) Three
Hundred Thirty One (331.0) feet to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East along and upon the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises,
400205904 Ronald Peter Pfenning
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point of the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Two Hundred Sixty
Four (264.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning, subject to One
Half (½) of the County Road to the North of said premises.
$7,463.58
400206048 Timothy S Spiehs
Lisa M Spiehs
Lot One (1), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska. $7,463.58
TOTAL TAP FEES $95,913.78
---
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RESOLUTION NO. 2016-BE-4 (Cont.)
- 7 -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 13 / 119
Grand IslandCouncil Session - 5/24/2016Page 14 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item E-1
Public Hearing on Request from Prairie Pride Brewing Company,
LLC dba Prairie Pride Brewing Company, 115 East South Front
Street, Suite 1 for a Class “LK” Liquor License
Council action will take place under Consent Agenda item G-4.
Staff Contact: RaNae Edwards
Grand Island Council Session - 5/24/2016 Page 15 / 119
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:May 24, 2016
Subject:Public Hearing on Request from Prairie Pride Brewing
Company, LLC dba Prairie Pride Brewing Company, 115
East South Front Street, Suite 1 for a Class “LK” 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
Prairie Pride Brewing Company, LLC dba Prairie Pride Brewing Company, 115 East
South Front Street, Suite 1 has submitted an application for a Class “LK” Liquor License.
A Class “LK” Liquor License is a Craft Brewery (Brew Pub) license which allows for the
sale of their own product on and off sale inside the corporate limits of the city. This
license also includes catering.
Grand Island Council Session - 5/24/2016 Page 16 / 119
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.
Also submitted with the application was a request from Phillip Cahoy, #83 Ponderosa
Drive 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 Prairie Pride Brewing Company, LLC dba Prairie
Pride Brewing Company, 115 East South Front Street, Suite 1 for a Class “LK” Liquor
License contingent upon final inspections and Liquor Manager Designation for Phillip
Cahoy, #83 Ponderosa Drive contingent upon completion of a state approved alcohol
server/seller training program.
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Legend CenterlineLiquor License Locations115 E South Front St 1500' Radius
Grand Island Council Session - 5/24/2016 Page 23 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item E-2
Public Hearing on Request to Rezone Property located at 2530 and
2540 N. Webb Road from R4 – High Density Residential to B1 –
Light Business (Darren and Celeste Bartunek)
Council action will take place under Ordinances item F-1.
Staff Contact: Chad Nabity
Grand Island Council Session - 5/24/2016 Page 24 / 119
Council Agenda Memo
From:Regional Planning Commission
Meeting:May 24, 2016
Subject:Rezone from R4 – High Density Residential Zone to B1
– Light Business Zone.
Presenter(s):Chad Nabity AICP, Regional Planning Director
Background
An application has been made to rezone property described as tracts of land in the SE ¼
of section 01-11-10 from R4 – High Density Residential Zone to B1 – Light Business
Zone.
Discussion
At the regular meeting of the Regional Planning Commission, held May 4, 2016 the
above item was considered following a public hearing.
O’Neill opened the Public Hearing.
Nabity explained a request to change the zoning for tracts of land in the SE ¼
of section 01-11-10 from R4 – High Density Residential Zone to B1 - Light
Business Zone. The subject property is located west of Webb Road and north
of Capital Avenue.
The proposed rezoning is largely consistent with the comprehensive plan. It is
consistent with the proposed new improvements on Capital Avenue and with
the existing surrounding uses. The existing houses are permitted in this
zoning district and can continue until they transition to commercial uses more
appropriate at the intersection of two major roads like Webb and Capital.
O’Neill closed the Public Hearing.
A motion was made by Ruge and seconded by Robb to approve the
Rezone request as presented.
The motion carried with 9 members present and all voting in favor
(O’Neill, Ruge, Robb, Maurer, Kjar, Connick, Rainforth, Hoggatt, and
Monter) and no member abstaining.
Grand Island Council Session - 5/24/2016 Page 25 / 119
The memo sent to the planning commission with staff recommendation is
attached for review by Council.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the rezoning request as presented
2.Modify the rezoning request to meet the wishes of the Council
3.Postpone the issue
Recommendation
City Administration recommends that the Council approve the proposed changes as
recommended.
Sample Motion
Move to approve the ordinance and development plan as presented.
Grand Island Council Session - 5/24/2016 Page 26 / 119
Grand Island Council Session - 5/24/2016 Page 27 / 119
Agenda Item 7
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING
COMMISSION:
April 21, 2016
SUBJECT:Rezoning Request C-17-2016GI
PROPOSAL:To change the zoning for tracts of land in the SE ¼ of section
01-11-10 from R4 – High Density Residential Zone to B1 - Light Business
Zone. The subject property is located west of Webb Road and north of
Capital Avenue.
OVERVIEW:
Site Analysis
Current zoning designation:R4-High Density Residential Zone
Permitted and conditional uses:R4: Residential uses with a density of up to
42 units per acre and a variety of non-profit
uses
Comprehensive Plan Designation:Medium Density Residential to Office
Commericial Designation to the south
Existing land uses:Houses
Site constraints:none
Adjacent Properties Analysis
Current zoning designations:North and West:R4-High Density
Residential
South: B1-Light Business,
East: RO-Residential Office
Permitted and conditional uses:RO: Residential and Professional Office
uses. Retail uses limited to prescription
services. No Billboards
B1: General Service, retail and commercial
uses excluding outdoor sales, Billboards
R4: Residential uses with a density of up to
42 units per acre and a variety of non-profit
uses
Comprehensive Plan Designation: North and West: Medium Density
Residential to Office
South: Medium Density Residential to
Office and Commercial
East: Public
Grand Island Council Session - 5/24/2016 Page 28 / 119
Existing land uses:North: Housing and historic commercial
uses
South: Commercial/Office
East: Veteran’s Home Property, Trees and
Farm ground and Veteran’s Cemetery
West: Detention Cell and Apartments
EVALUATION:
The proposed rezoning is largely consistent with the comprehensive plan. It
is consistent with the proposed new improvements on Capital Avenue and
with the existing surrounding uses. The existing houses are permitted in this
zoning district and can continue until they transition to commercial uses more
appropriate at the intersection of two major roads like Webb and Capital.
Positive Implications:
Compatible with adjacent land uses: The B1 zone is consistent with the
current zoning on surrounding properties.
Consistent with the street and traffic patterns: The proposed change will
allow for a transition of commercial uses north of the intersection of Webb
Road and Capital Avenue. The proximity of these properties to this
intersection makes them suitable for commercial uses.
Minimal Impact to Neighboring Properties: The property to the north has
historically been used for quasi-commercial uses and the property to the
west is a detention cell owned by the City Of Grand Island.
Negative Implications:
No negative implications foreseen.
RECOMMENDATION:
That the Regional Planning Commission recommends that the Grand Island
City Council approve this request to amend the rezoning from R4 High
Density Residential to B1 Light Business as presented.
___________________ Chad Nabity AICP, Planning Director
Grand Island Council Session - 5/24/2016 Page 29 / 119
Grand Island Council Session - 5/24/2016 Page 30 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item E-3
Public Hearing on Acquisition of Utility Easement - 1920
Sagewood Avenue (HC of Grand Island LLC)
Council action will take place under Consent Agenda item G-5.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 5/24/2016 Page 31 / 119
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Meeting:May 24, 2016
Subject:Acquisition of Utility Easement – 1920 Sagewood
Avenue – HC of Grand Island, LLC
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of HC of Grand Island, LLC, located through a part of Lot One (1), Starlite Subdivision,
in the City of Grand Island, Hall County, Nebraska (1920 Sagewood Avenue), in order to
have access to install, upgrade, maintain, and repair power appurtenances, including lines
and transformers.
Discussion
This easement will be used to provide for a transformer and high voltage underground
power lines that need to be in place to provide electricity to the new Heritage Senior
Living Center’s health and care facility.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Grand Island Council Session - 5/24/2016 Page 32 / 119
Grand Island Council Session - 5/24/2016 Page 33 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item E-4
Public Hearing on Acquisition of Utility Easement in Section 22,
Township 11 N, Range 9W - SE Corner of S Locust Street & State
Fair Boulevard Intersection (Hall County Livestock Improvement
Association)
Council action will take place under Consent Agenda item G-7.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 34 / 119
Council Agenda Memo
From:Terry Brown PE, Assistant Public Works Director
Meeting:May 24, 2016
Subject:Public Hearing on Acquisition of Utility Easement in
Section 22, Township 11N, Range 9W; Southeast Corner
of South Locust Street and State Fair Boulevard (Hall
County Livestock Improvement Association)
Presenter(s):John Collins PE, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council.
A public utility easement is needed to accommodate relocation of the traffic signal from
the Skagway entrance off of South Locust Street to South Locust Street and State Fair
Boulevard. The easement will allow for the construction, operation, maintenance,
extension, repair, replacement, and removal of public utilities within the easement.
Discussion
To allow for the accommodation of public utilities to serve the traffic signal at the
intersection of South Locust Street and State Fair Boulevard it is requested that a utility
easement be acquired by the City of Grand Island according to the attached sketch.
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
Grand Island Council Session - 5/24/2016 Page 35 / 119
City Administration recommends that the Council conduct a Public Hearing and approve
the acquisition of the easement.
Sample Motion
Move to approve the acquisition of the easement.
Grand Island Council Session - 5/24/2016 Page 36 / 119
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Grand Island Council Session - 5/24/2016 Page 37 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item F-1
#9586 - Consideration of Request to Rezone Property located at
2530 and 2540 N. Webb Road from R4 – High Density Residential
to B1 – Light Business (Darren and Celeste Bartunek)
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 5/24/2016 Page 38 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
ORDINANCE NO. 9586
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land located in a part of
the SE ¼ of Section 1 Township 11 North, Range 10 West of the 6th PM in Hall County,
Nebraska, from R4 High Density Residential Zone to B1-Light Business Zone; directing the such
zoning change and classification be shown on the Official Zoning Map of the City of Grand
Island; amending the provisions of Section 36-44; and providing for publication and an effective
date of this ordinance.
WHEREAS, the Regional Planning Commission on May 6, 2016, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on May 24, 2016, the City Council found and
determined the change in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned, reclassified and
changed from R4 High Density Residential Zone to B1-Light Business Zone:
A certain part of the Southeast Quarter (SE1/4) of Section One (1) Township
Eleven (11) North Range Ten (10) West of the 6th P.M., more particularly
described as follows: commencing at a point on the East line of the Southeast
Quarter (SE1/4) of Section One (1) which point is Four Hundred Twelve and Five
Tenths (412.5) Feet North of the Southeast Corner of the Southeast Quarter
(SE1/4) of said Section One (1) running thence North along and upon the East
line of the Southeast Quarter (SE1/4) of said Section One (1) Eighty-two and Five
Tenths (82.5) Feet; running thence West and parallel to the South line of the
Southeast Quarter (SE1/4) of said Section One (1), Two Hundred Sixty-Four
(264.0) Feet; running thence South and parallel to the East line of the Southeast
Quarter (SE1/4) of said Section One (1) Eighty-two and Five Tenths (82.5) Feet;
running thence East and parallel to the South line of the Southeast Quarter
Grand Island Council Session - 5/24/2016 Page 39 / 119
ORDINANCE NO. 9586 (Cont.)
- 2 -
(SE1/4) of said Section One (1) Two Hundred Sixty-Four (264.0) Feet to the
place of beginning, in Hall County, Nebraska.
And
A tract of land located in the Southeast Quarter (SE1/4) of Section One (1),
Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in Hall
County, Nebraska, more particularly described as follows: Beginning at the
Southeast corner of said Section One (1), thence Northerly along and upon the
East line of said Section One (1) a distance of Three Hundred Thirty (330) Feet,
to the actual point of beginning; thence Northerly along and upon the East line of
said Section One (1) a distance of Eighty Two and Five Tenths (82.5) Feet; thence
Westerly parallel to the South line of said Section One (1) a distance of Two
Hundred Sixty Four (264.0) Feet; thence Southerly parallel to the East line of said
Section One (1) a distance of Eighty Two and Five Tenths (82.5) Feet; thence
Easterly parallel to the South line of said Section One (1) a distance of Two
Hundred Sixty Four (264.0) feet to the actual point of beginning
SECTION 2. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 3. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 24, 2016
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 40 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item F-2
#9587 – Consideration of Amending Salary Ordinance Relative to
Non-Union Part-Time Community Service Officers
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 5/24/2016 Page 41 / 119
Council Agenda Memo
From:Aaron Schmid, Human Resources Director
Meeting:May 24, 2016
Subject:Salary Ordinance
Presenter(s):Aaron Schmid, Human Resources Director
Background
The salary ordinance for employees of the City of Grand Island comes before Council
when changes are necessary. The following explains the changes to the salary ordinance.
Discussion
On April 26, 2016, resolution 2016-104 was approved. The resolution recognizes the
Second Addendum to the labor contract between the City Of Grand Island and
International Brotherhood of Electrical Workers (IBEW) Local 1597 (Service/Clerical).
The resolution, along with Salary Ordinance No. 9584, adjusted wages for the full time
Community Service Officer classification. The proposed Salary Ordinance presented
here, would adjust the part time Community Service Officer classification to match the
full time Community Service Officer classification pay range.
The second proposed change to the Salary Ordinance would clarify part time, seasonal
and temporary classifications. The creation of a Seasonal non-exempt and a Parks &
Recreation part time classification will allow for a more accurate grouping of various
positions within a classification. Please see the following example as illustration.
Worker/Seasonal (exempt) – lifeguards, concessions, admissions
Worker/Seasonal (non-exempt) – Utilities, Public Works, Library
Worker/Temporary – line workers, specific assignments/events
Worker/Parks & Recreation Part Time – Heartland Public Shooting Park, Cemetery
The proposed change will not impact budget or FTE allocation.
Grand Island Council Session - 5/24/2016 Page 42 / 119
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 Salary Ordinance #9587.
Sample Motion
Motion to approve Salary Ordinance #9587.
Grand Island Council Session - 5/24/2016 Page 43 / 119
Approved as to Form ¤ ___________
May 18, 2016 ¤ City Attorney
ORDINANCE NO. 9587
An ordinance to amend Ordinance 9584 known as the Salary Ordinance which
lists the currently occupied classifications of officers and employees of the City of Grand Island,
Nebraska and established the ranges of compensation of such officers and employees; to move
the position of Community Service Officer-Full Time from the non-union employee group to the
IBEW-Service/Clerical labor agreement to amend the salary range of the non-union position of
Community Service Officer – Part Time; to clarify the classification of the non-union seasonal,
temporary, and part time Parks and Recreation positions; and to repeal those portions of
Ordinance No. 9584 and any parts of other ordinances in conflict herewith; to provide for
severability; to provide for the effective date thereof; and to provide for publication of this
ordinance in pamphlet form.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The currently occupied classifications of officers and general
employees of the City of Grand Island, and the ranges of compensation (salary and wages,
excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such
classifications, and the number of hours and work period which certain officers and general
employees shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Accountant 23.5633/33.7228 Exempt
Accounting Technician – Solid Waste 19.5260/23.5936 40 hrs/week
Assistant to the City Administrator 22.9200/32.2648 Exempt
Assistant Finance Director 32.9968/47.6559 Exempt
Assistant Public Works Director / Manager of
Engineering Services
34.0370/51.6755 Exempt
Assistant Utilities Director – Distribution 48.7903/69.3328 Exempt
Assistant Utilities Director – Production 52.8344/75.1064 Exempt
Grand Island Council Session - 5/24/2016 Page 44 / 119
ORDINANCE NO. 9587 (Cont.)
- 2 -
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Assistant Utilities Director – Transmission 52.8344/75.1064 Exempt
Attorney 29.3208/45.2405 Exempt
Biosolids Technician 18.5804/27.3972 40 hrs/week
Building Department Director 34.3474/50.2154 Exempt
CADD Operator 21.0997/30.3529 40 hrs/week
Cemetery Superintendent 21.3846/33.6384 Exempt
City Administrator 69.4139/81.0483 Exempt
City Attorney 41.5086/59.8505 Exempt
City Clerk 28.7959/41.4076 Exempt
Civil Engineer I 28.4483/41.1268 Exempt
Civil Engineer II 32.9968/47.6559 Exempt
Civil Engineering Manager – Utility PCC 35.9394/53.7496 Exempt
Collection System Supervisor 23.5416/33.4641 40 hrs/week
Community Service Officer – Part time
15.0188/21.2122
15.6690/21.3610 40 hrs/week
Custodian – Library, Police 13.7301/19.7513 40 hrs/week
Customer Service Representative – Part time 9.0721/13.6081 40 hrs/week
Customer Service Team Leader 19.8856/27.1643 Exempt
Electric Distribution Superintendent 36.9413/50.3850 Exempt
Electric Distribution Supervisor 31.1960/42.5738 40 hrs/week
Electric Underground Superintendent 32.8985/44.8796 Exempt
Electrical Engineer I 28.4483/41.1268 Exempt
Electrical Engineer II 32.9968/47.6559 Exempt
Emergency Management Deputy Director 24.4553/36.9584 Exempt
Emergency Management Director 34.8053/52.5845 Exempt
Engineer I – Public Works 30.9998/43.6156 Exempt
Engineer I – WWTP 30.9998/43.6156 Exempt
Engineering Technician - WWTP 20.5756/29.0698 40 hrs/week
Equipment Operator - Solid Waste 17.6593/26.2408 40 hrs/week
Finance Director 40.3733/63.5433 Exempt
Finance Operations Supervisor 21.4328/30.3065 Exempt
Fire Chief 38.9843/61.0493 Exempt
Fire EMS Division Chief 34.5645/48.9259 Exempt
Fire Operations Division Chief 34.5645/48.9259 Exempt
Fire Prevention Division Chief 34.4808/46.9413 Exempt
Grand Island Council Session - 5/24/2016 Page 45 / 119
ORDINANCE NO. 9587 (Cont.)
- 3 -
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Fleet Services Shop Foreman 23.2034/34.9990 40 hrs/week
GIS Coordinator - PW 25.8244/39.2199 40 hrs/week
Golf Course Superintendent 24.8718/35.8958 Exempt
Grounds Management Crew Chief – Cemetery 19.0220/30.1640 40 hrs/week
Grounds Management Crew Chief – Parks 20.0248/30.3237 40 hrs/week
Human Resources Director 35.1215/52.0396 Exempt
Human Resources Benefits/Risk Mgmt Coordinator 20.8994/33.9014 40 hrs/week
Human Resources Recruiter 20.8994/33.9014 40 hrs/week
Human Resources Specialist 20.8994/33.9014 40 hrs/week
Information Technology Manager 34.8074/55.1841 Exempt
Legal Secretary 20.6847/27.9549 40 hrs/week
Librarian I 18.7455/26.3274 Exempt
Librarian II 20.7590/29.5255 Exempt
Library Assistant I 12.6595/18.2957 40 hrs/week
Library Assistant II 15.6447/22.1478 40 hrs/week
Library Assistant Director 31.5904/49.4024 Exempt
Library Director 39.7504/58.9620 Exempt
Library Page 9.0000/12.4159 40 hrs/week
Library Secretary 15.7519/22.3860 40 hrs/week
Maintenance Worker – Golf 15.6208/24.9970 40 hrs/week
Meter Reader Supervisor 19.2174/28.0738 Exempt
MPO Program Manager 24.7948/36.8559 Exempt
Office Manager – Police Department 17.9564/26.4955 40 hrs/week
Parks and Recreation Director 38.4511/60.0943 Exempt
Parks Superintendent 27.2713/41.6346 Exempt
Payroll Specialist 18.7997/28.1091 40 hrs/week
Planning Director 37.6723/57.6708 Exempt
Police Captain 34.9429/49.7333 Exempt
Police Chief 42.1654/61.0493 Exempt
Power Plant Maintenance Supervisor 31.5808/44.6375 Exempt
Power Plant Operations Supervisor 35.6296/50.2981 Exempt
Power Plant Superintendent – Burdick 38.2626/54.3581 Exempt
Power Plant Superintendent – PGS 44.1110/62.6376 Exempt
Public Information Officer 26.1389/39.4498 Exempt
Public Works Director 40.8216/63.4845 Exempt
Grand Island Council Session - 5/24/2016 Page 46 / 119
ORDINANCE NO. 9587 (Cont.)
- 4 -
Classification
Hourly Pay Range Min/Max Overtime Eligibility
Public Works Engineer 32.3635/46.7971 Exempt
Receptionist 15.7641/24.1323 40 hrs/week
Recreation Coordinator 20.5951/30.9711 Exempt
Recreation Superintendent 31.4938/47.9823 Exempt
Regulatory and Environmental Manager 31.0686/45.7759 Exempt
Senior Electrical Engineer 36.1078/52.1496 Exempt
Senior Public Safety Dispatcher 18.8259/24.8656 40 hrs/week
Senior Utility Secretary 16.0493/22.9174 40 hrs/week
Shooting Range Superintendent 25.2951/39.5535 Exempt
Solid Waste Division Clerk - Full Time 18.6018/22.8997 40 hrs/week
Solid Waste Division Clerk - Part Time 16.5628/20.7941 40 hrs/week
Solid Waste Foreman 21.2589/30.4054 40 hrs/week
Solid Waste Superintendent 30.2660/46.2916 Exempt
Street Superintendent 27.9816/42.5650 Exempt
Street Foreman 22.6046/34.1031 40 hrs/week
Turf Management Specialist 22.3531/31.6433 40 hrs/week
Utilities Director 72.3810/96.4843 Exempt
Utility Production Engineer 36.9261/54.4330 Exempt
Utility Warehouse Supervisor 25.1009/35.8566 40 hrs/week
Victim Assistance Unit Coordinator 14.8356/22.1980 40 hrs/week
Victim/Witness Advocate 13.5989/20.3476 40 hrs/week
Wastewater Plant Chief Operator 23.0656/31.4978 40 hrs/week
Wastewater Plant Engineer 33.6168/48.9736 Exempt
Wastewater Plant Operations Engineer 32.3635/46.2278 Exempt
Wastewater Plant Maintenance Supervisor 24.9808/33.6386 40 hrs/week
Wastewater Plant Regulatory Compliance Manager 26.5131/37.8945 Exempt
Water Superintendent 30.5735/45.3774 Exempt
Water Supervisor 24.1795/35.0998 40 hrs/week
Worker / Seasonal 9.0000/20.0000 Exempt
Worker / Seasonal 9.0000/20.0000 40 hrs/week
Worker / Temporary 9.0000/20.0000 40 hrs/week
Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week
Grand Island Council Session - 5/24/2016 Page 47 / 119
ORDINANCE NO. 9587 (Cont.)
- 5 -
A shift differential of $0.25 per hour shall be added to the base hourly wage for persons in the
employee classification Senior Public Safety Dispatcher who work any hours or portion thereof
that begins between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof
from 11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not
include persons who work the day shift. Shift differential will only be paid for actual hours
worked. Paid leave will not qualify for the shift differential pay.
SECTION 2. The currently occupied classifications of employees of the City of
Grand Island included under the AFSCME labor agreement, and the ranges of compensation
(salary and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the AFSCME labor agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range Min/Max Overtime Eligibility
Equipment Operator – Streets 17.6592/26.1596 40 hrs/week
Fleet Services Mechanic 19.8687/29.4370 40 hrs/week
Horticulturist 19.6840/29.2153 40 hrs/week
Maintenance Worker – Cemetery 16.9683/25.1576 40 hrs/week
Maintenance Worker – Parks 16.7768/24.8881 40 hrs/week
Maintenance Worker – Streets 16.6527/24.6864 40 hrs/week
Senior Equipment Operator – Streets 19.0833/28.3039 40 hrs/week
Senior Maintenance Worker – Streets 18.9955/28.1736 40 hrs/week
Traffic Signal Technician 18.9078/28.0436 40 hrs/week
SECTION 3. The currently occupied classifications of employees of the City of
Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IBEW labor agreements shall work prior to overtime eligibility are as follows:
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ORDINANCE NO. 9587 (Cont.)
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Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Accounting Clerk 16.5539/21.9059 40 hrs/week
Cashier 15.4142/21.0044 40 hrs/week
Custodian 16.8533/19.9014 40 hrs/week
Electric Distribution Crew Chief 32.2470/41.0121 40 hrs/week
Electric Underground Crew Chief 32.2470/41.0121 40 hrs/week
Engineering Technician I 19.7395/28.2435 40 hrs/week
Engineering Technician II 24.4019/33.4582 40 hrs/week
Instrument Technician 29.9500/39.5665 40 hrs/week
Lineworker Apprentice 21.7042/31.8251 40 hrs/week
Lineworker First Class 31.6997/37.4917 40 hrs/week
Materials Handler 23.4211/31.3954 40 hrs/week
Meter Reader 18.1497/23.6678 40 hrs/week
Meter Technician 24.4611/30.2316 40 hrs/week
Payroll Clerk 16.5539/21.9059 40 hrs/week
Power Dispatcher I 28.4126/39.5046 40 hrs/week
Power Dispatcher II 29.8421/41.4857 40 hrs/week
Power Plant Maintenance Mechanic 28.9972/36.1069 40 hrs/week
Power Plant Operator 31.7732/37.0102 40 hrs/week
Senior Accounting Clerk 18.5174/24.2563 40 hrs/week
Senior Engineering Technician 31.7854/38.8983 40 hrs/week
Senior Materials Handler 28.3828/37.0215 40 hrs/week
Senior Meter Reader 21.4958/25.5129 40 hrs/week
Senior Power Dispatcher 35.5564/48.7934 40 hrs/week
Senior Power Plant Operator 34.8313/44.6525 40 hrs/week
Senior Substation Technician 38.6369/40.0443 40 hrs/week
Senior Water Maintenance Worker 23.7409/31.2614 40 hrs/week
Substation Technician 35.7676/37.1874 40 hrs/week
Systems Technician 31.5213/40.0443 40 hrs/week
Tree Trim Crew Chief 29.0629/36.0920 40 hrs/week
Utility Electrician 27.8916/36.6549 40 hrs/week
Utility Technician 26.9776/37.9478 40 hrs/week
Utility Warehouse Clerk 21.0186/25.9320 40 hrs/week
Water Maintenance Worker 19.4013/26.8300 40 hrs/week
Wireworker I 22.8595/32.3233 40 hrs/week
Wireworker II 31.6997/37.4917 40 hrs/week
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ORDINANCE NO. 9587 (Cont.)
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SECTION 4. The currently occupied classifications of employees of the City of
Grand Island included under the FOP labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the FOP labor agreement shall work prior to overtime eligibility are as follows:
Classification Hourly Pay Range Min/Max Police Officer 20.3647/31.1988
Police Sergeant 25.4884/38.2746
OVERTIME ELIGIBILITY
The City has reserved its right to the utilization of the 207(k) FLSA exemption and will
implement this as the hours of work effective the first full pay period following the execution of
the labor agreement. The pay period for purposes of calculating overtime shall consist of a
fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes
of calculating eligibility for overtime, “hours worked” shall include actual hours worked,
vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they
exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of
eighty (80) hours. There shall also be established for each employee in the bargaining unit a
Training and Special Events bank of thirty (30) hours per individual per contract year. Each
employee may be scheduled for training or special event duty with a minimum of seven (7) days
notice prior to the commencement of the pay period and the training and special events bank
hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours
and these hours shall not be eligible for overtime. Training and special events hours worked in
excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will
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ORDINANCE NO. 9587 (Cont.)
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not be subtracted from the Training and Special Events bank. All work completed after eighty
(80) hours in a pay period that is performed for work that is funded by grants from parties
outside or other than the City of Grand Island, shall be paid overtime for the time worked after
eighty (80) hours, if the time is funded at overtime rates by the grant. Any such grant hours are
not deducted from the Training and Special Events bank.
SECTION 5. The currently occupied classifications of employees of the City of
Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary
and wages, excluding shift differential as provided by contract) to be paid for such
classifications, and the number of hours and work period which certain such employees included
under the IAFF labor agreement shall work prior to overtime eligibility are as follows:
Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Fire Captain 19.3620/26.8470 212 hrs/28 days
Firefighter / EMT 14.5913/21.1752 212 hrs/28 days
Firefighter / Paramedic 16.4433/23.2233 212 hrs/28 days
Life Safety Inspector 22.1598/31.4421 40 hrs/week
Shift Commander 23.4973/30.7513 212 hrs/28 days
IAFF employees, with the exception of the Life Safety Inspector, will be eligible
for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless
recall or mandatory overtime is required as specified in the IAFF labor agreement. When an
employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) for
an entire 24 hour shift, the employee will receive an additional fifty cents ($.50) per hour.
SECTION 6. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-WWTP labor agreement, and the ranges of
compensation salary and wages, excluding shift differential as provided by contract, to be paid
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ORDINANCE NO. 9587 (Cont.)
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for such classifications, and the number of hours and work period which certain such employees
included under the IBEW-WWTP labor agreement shall work prior to overtime eligibility are as
follows:
Classification Hourly Pay Range Min/Max Overtime Eligibility
Accounting Technician – WWTP 16.6792/23.4693 40 hrs/week
Equipment Operator – WWTP 17.6458/24.8295 40 hrs/week
Maintenance Mechanic I 18.0428/25.3881 40 hrs/week
Maintenance Mechanic II 20.5493/28.9150 40 hrs/week
Maintenance Worker – WWTP 18.3529/25.8245 40 hrs/week
Wastewater Clerk 14.2480/20.0481 40 hrs/week
Wastewater Plant Laboratory Technician 19.3409/27.2145 40 hrs/week
Wastewater Plant Operator I 16.8551/23.7171 40 hrs/week
Wastewater Plant Operator II 18.8456/26.5178 40 hrs/week
Employees covered under the IBEW Wastewater Treatment Plant labor agreement who are
regularly scheduled to work swing shift will receive an additional 15 cents ($0.15) per hour;
employees who are regularly scheduled to work graveyard shift will receive an additional 25
cents ($0.25) per hour for wages attributable to those shifts. One lead Maintenance Worker
covered under the IBEW Wastewater Treatment Plant labor agreement may receive forty dollars
($40) per pay period stipend.
SECTION 7. The currently occupied classifications of the employees of the City
of Grand Island included under the IBEW-Service/Clerical labor agreement, and the ranges of
compensation salary and wages to be paid for such classifications, and the number of hours and
work period which certain such employees included under the IBEW-Service/Clerical labor
agreement shall work prior to overtime eligibility are as follows:
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ORDINANCE NO. 9587 (Cont.)
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Classification
Hourly Pay Range
Min/Max
Overtime
Eligibility
Accounting Technician – Streets 17.6953/23.6213 40 hrs/week
Accounts Payable Clerk 16.5436/23.9354 40 hrs/week
Administrative Assistant 17.9647/25.7664 40 hrs/week
Administrative Assistant - Parks 17.4699/24.8277 40 hrs/week
Audio Video Technician 17.9640/25.3425 40 hrs/week
Building Inspector 21.1769/30.0475 40 hrs/week
Community Development Administrator 19.5714/28.1399 40 hrs/week
Community Development Specialist 17.9647/25.7664 40 hrs/week
Computer Operator 21.6171/28.4170 40 hrs/week
Community Service Officer 15.6690/21.3610 40 hrs/week
Computer Programmer 23.2129/34.0191 40 hrs/week
Computer Technician 22.2655/29.2700 40 hrs/week
Crime Analyst 19.7328/28.0138 40 hrs/week
Electrical Inspector 21.1769/30.0475 40 hrs/week
Emergency Management Coordinator 17.4699/24.8277 40 hrs/week
Engineering Technician – Public Works 20.8417/29.3937 40 hrs/week
Evidence Technician 15.9999/23.4138 40 hrs/week
Finance Secretary 16.2724/23.1258 40 hrs/week
GIS Coordinator 25.2853/35.4803 40 hrs/week
Maintenance Worker I – Building, Library 16.1251/21.8229 40 hrs/week
Maintenance Worker II – Building, Police 16.9931/23.0359 40 hrs/week
Planning Technician 22.3861/31.4963 40/hrs/week
Plans Examiner 21.6952/30.7830 40 hrs/week
Plumbing Inspector 21.1769/30.0475 40 hrs/week
Police Records Clerk – Full Time 14.5968/20.3181 40 hrs/week
Public Safety Dispatcher 16.0865/23.4979 40 hrs/week
Shooting Range Operator 22.2151/30.1130 40 hrs/week
Stormwater Program Manager 21.0996/29.7575 40 hrs/week
Utility Secretary 16.2724/23.1258 40 hrs/week
A shift differential of $0.15 per hour shall be added to the base hourly wage for persons in the
employee classification Public Safety Dispatcher who work any hours or a portion thereof
between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from
11:00 p.m. to 7:00 a.m. will receive a shift differential of $0.25 per hour. This does not include
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ORDINANCE NO. 9587 (Cont.)
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persons who work the day shift. Shift differential will only be paid for actual hours worked.
Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour
shall be added to the base hourly wage for persons who work rotating shifts covered by the
IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power
Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator.
SECTION 8. The classification of employees included under labor agreements with the
City of Grand Island, and the ranges of compensation (salary and wages, excluding shift
differential as provided by contract) to be paid for such classifications, and the number of hours
and work period which certain such employees shall work prior to overtime eligibility are as
stated above. All employees covered by the IAFF labor agreement, except Life Safety Inspector,
will be credited five hundred twenty-five dollars ($525) annual credit to be used for the purchase
of the uniform item purchases as needed. New hires will receive four hundred dollars ($400)
credit for the purchase of initial uniforms. After probation they shall receive an additional five
hundred dollars ($500) for the purchase of a Class A uniform or other items as necessary. All
employees of the FOP labor agreement shall be paid a clothing and uniform allowance in
addition to regular salary of $25.00 per pay period. If any such employee covered by the FOP
labor agreements shall resign, or his or her employment be terminated for any reason
whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be
made for a fraction of a month. New employees covered by the IBEW – Utilities labor
agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-
time reimbursement up to $1,200 to purchase or rent required uniforms. All other employees
required to wear full FR clothing will be eligible for reimbursement up to $600 annually. The
non-union position of Meter Reader Supervisor who are required to wear full fire retardant
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ORDINANCE NO. 9587 (Cont.)
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clothing will be eligible for an annual stipend of $600 to purchase or rent required uniforms.
Those employees who are required to wear partial fire retardant clothing will be eligible for an
annual stipend of $350. Employees will be reimbursed for said purchases with a receipt showing
proof of purchase. Employees covered by the IBEW Service/Clerical labor agreement in the
Community Service Officer Full Time position shall be paid a uniform allowance at the rate of
$10.00 per pay period. Employees in the nonunion Community Service Officer Part Time
position shall be paid a prorated uniform allowance based on hours worked, not to exceed $10.00
per pay period.
Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08
per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing
allowance of $650.00 per year, divided into 26 pay periods.
Non-union employees and employees covered by the FOP labor agreement, the
IAFF labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment
Plant labor agreements may receive an annual stipend not to exceed $1,500 for bilingual pay.
Employees covered by the AFSCME labor agreement shall be granted a meal
allowance of $4.50 if they are required to work two (2) hours overtime consecutively with their
normal working hours during an emergency situation, and if such overtime would normally
interfere with and disrupt the employee’s normal meal schedule. Employees covered by the
IBEW - Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to
$7.00 per meal, if they are required to work two (2) hours overtime consecutively with their
normal working hours and if such overtime would normally interfere with and disrupt the
employee’s normal meal schedule. Direct supervisors of employees who are covered by labor
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ORDINANCE NO. 9587 (Cont.)
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agreements which allow overtime meal allowance shall be entitled to the same meal allowance
benefit.
Non-exempt direct supervisors of employees who are covered by labor
agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit.
Utilities Department personnel in the IBEW bargaining unit and the
classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor,
Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent,
Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a
voluntary uniform program providing an allowance up to $18.00 per month. When protective
clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered
by the IBEW labor agreements and employees covered by the AFSCME labor agreement, except
the Fleet Services Division of the Public Works Department, the City shall pay 60% of the actual
cost of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet
Services personnel shall receive a uniform allowance of $12 biweekly. Public Works Department
personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic
shall receive a tool allowance of $15 biweekly. The City will reimburse 60% of the actual cost of
providing up to 2 pairs of steel toe or safety toe boots that meets the ANSI standard per contract
year for employees covered by the IBEW Wastewater Treatment Plant labor agreement.
SECTION 9. Employees shall be compensated for unused medical leave as
follows:
(A) All employees covered in the IBEW Utilities labor agreements shall be
paid for forty-seven percent (47%) of their accumulated medical leave at the time
of their retirement, early retirement, or death, not to exceed four hundred eighty-
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ORDINANCE NO. 9587 (Cont.)
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eight and one third hours (calculated at 47% x 1,039 hours = 488.33 hours), the
rate of compensation to be based on the employee’s salary at the time of
retirement or death. Employees covered in the IAFF labor agreement, with the
exception of Life Safety Inspector, shall have a contribution to a VEBA made on
their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated
medical leave at the time of their retirement, not to exceed five hundred ninety-
eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours =
598.88 hours). The Life Safety Inspector shall have a contribution to a VEBA
made on their behalf in lieu of payment for fifty percent (50%) of their
accumulated medical leave at the time of their retirement, not to exceed five
hundred forty-two hours (calculated at 50% x 1,084 = 542). The amount of
contribution will be based upon the employee’s salary at the time of retirement.
Employees covered by the IBEW Service/Clerical, IBEW Finance, and IBEW
Wastewater Treatment Plant labor agreements shall have a contribution to a
VEBA made on their behalf in lieu of payment for twenty-five percent (25%) of
their accumulated medical leave at the time of retirement or death, based on the
employee’s salary at the time of retirement not to exceed 334.75 hours (calculated
at 25% x 1,339 hours = 334.75 hours.) Non-union employees shall have a
contribution to a VEBA made on their behalf in lieu of payment for fifty percent
(50%) of their accumulated medical leave at the time of their retirement, not to
exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The
amount of contribution will be based upon the employee’s salary at the time of
retirement. Employees hired before October 1, 2014 covered by the AFSCME
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ORDINANCE NO. 9587 (Cont.)
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labor agreement shall be paid thirty-five (35%) of their accumulated medical
leave bank at the time of their retirement, based on the employee’s salary at the
time of retirement not to exceed four hundred sixty-eight and sixty-five
hundredths hours (calculated at 35% x 1339 hours = 468.65 hours). Employees
hired on or after October 1, 2014, covered by the AFSCME labor agreement will
not receive compensation at retirement for unused medical leave. All employees
covered under the FOP labor agreement shall be paid thirty-seven and one-half
percent (37.5%) of their accumulated medical leave bank at the time of their
retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280
hours = 480 hrs.), based on the employee’s salary at the time of retirement. If
death occurs while in the line of duty, employees covered under the FOP labor
agreement shall be paid fifty percent (50%) of their accumulated medical leave
bank at the time of their death, not to exceed six hundred forty hours (50% x
1,280 hours = 640 hrs.), based on the employee’s salary at the time of their death.
(B) The City Administrator and department heads shall have a contribution
made to their VEBA for one-half of their accumulated medical leave, not to
exceed 30 days of pay, upon their resignation, the rate of compensation to be
based upon the salary at the time of termination. Compensation for unused
medical leave at retirement shall be as provided for non-union employees.
(C) The death of an employee shall be treated the same as retirement, and
payment shall be made to the employee’s beneficiary or estate for one-half of all
unused medical leave for non-union employees and as defined in labor
agreements for all other employees.
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ORDINANCE NO. 9587 (Cont.)
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SECTION 10. Non-union employees shall have a contribution made on their
behalf to their VEBA account in the amount of $30.00 per pay period. Employees represented by
the IBEW Service/Clerical, IBEW Wastewater Treatment Plant, and IBEW Finance labor
agreements shall have a contribution made on their behalf to the VEBA account of $15 per pay
period. Employees represented by the IBEW Utilities labor agreement shall have a contribution
made on their behalf to their VEBA account in the amount of $20.00 per pay period. Employees
represented by the IAFF labor agreement shall have a contribution made on their behalf to the
VEBA account of $10 per pay period.
SECTION 11. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 12.The adjustments identified herein shall be effective on the date of
passage and publication in pamphlet form in one issue of the Grand Island Independent as
provided by law. Wages for Community Service Officers covered under the IBEW
Service/Clerical labor agreement shall be retroactive to the February 24, 2015.
SECTION 13. Those portions of Ordinance No. 9584 and all other parts of
ordinances in conflict herewith be, and the same are, hereby repealed.
Enacted: May 24, 2016
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 59 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item F-3
#9588 – Consideration of Amending Chapter 23 Article VII of the
Grand Island City Code Relative to the Food & Beverage Retailer
Occupation Tax
Staff Contact: Marlan Ferguson
Grand Island Council Session - 5/24/2016 Page 60 / 119
Council Agenda Memo
From:Jerry Janulewicz
Meeting:May 24, 2016
Subject:Food and Beverage Retailer Occupation Tax
Presenter(s):Jerry Janulewicz
Background
At the May 2016 primary election, the citizens of Grand Island approved the following
ballot question “shall the City of Grand Island impose an occupation tax of one and one
half percent (1 ½%) on the sale of all food and beverages presently subject to sales tax in
commercial establishments in the City of Grand Island, which occupation tax shall be
imposed pursuant to Nebraska Statutes Sections 16-205 and 18-1208?”
Discussion
Pursuant to approval of the above-mentioned ballot issue, a proposed ordinance was
prepared for council’s review and consideration. If approved, the ordinance provides for
repeal, effective June 30, 2016, of the current occupation tax imposed on food services,
drinking places and restaurants (current Chapter 23, Article VII) and, effective July 1,
2016, amends Chapter 23 by adding a new Article VII imposing the new occupation tax
on retailers engaged in the sale of food and beverages.
The tax will be imposed at the rate of 1 ½% of the gross proceeds from the sale of food
and beverages. Proceeds from sales of food and beverages that are exempt from or not
otherwise subject to Nebraska state sales tax are not included in calculating the gross
proceeds subject to the occupation tax.
Section 23-65 specifically provides that revenue derived from the Food and Beverages
Tax shall be designated for use in the following order:
(i) To make the City’s quarterly payments to the Nebraska State Fair
Support and Improvement Fund as required by Neb Rev. Stat. §§2-108-110;
(ii) Promote entertainment, agricultural and livestock shows, trade shows and
similar events that will attract visitors to Grand Island;
(iii) Ongoing enhancement and development of recreation and athletic
facilities such as hike, bike and recreational trails, ball fields and other community
activity needs; and
Grand Island Council Session - 5/24/2016 Page 61 / 119
(iv) Invest in community development projects and activities that stimulate
progress and growth for Grand Island.
Section 3 of the proposed ordinance provides that repeal of the original provisions of
Chapter 23, Article VII entitled “Food Service, Drinking Places, and Restaurant Tax.”
adopted on September 9, 2008 as Ordinance No. 9189, as amended, shall not operate or
be construed to release, forgive, or discharge any occupation tax liability imposed as a
result of said Ordinance 9189, as amended, nor any penalties imposed for failure to pay
the same, or any liens arising therefrom. Occupation tax returns, assessments, payment,
enforcement, administration, recovery, penalties thereon, and liens arising therefrom shall
be had and done as set forth by Sections 23-67 through 23-76 as though the same were
provided for and imposed by this Ordinance.
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 ordinance.
Sample Motion
Move to approve Ordinance #9588.
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Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
ORDINANCE NO. 9588
An ordinance pertaining to occupation tax; to repeal Chapter 23, Article VII,
entitled “Food Service, Drinking Places, and Restaurant Tax,” of the Grand Island City Code; to
amended Chapter 23, by adding Article VII, pertaining to food and beverage retailer occupation
tax; to provide for survival of claims, penalties and liens for unpaid occupation tax and
enforcement thereof; to repeal any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance..
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Effective 11:59 p.m., June 30, 2016, Grand Island City Code
Chapter 23, Article VII, entitled “Food Service, Drinking Places, and Restaurant Tax”, as
amended, is repealed.
SECTION 2. Effective 12:00 a.m., July 1, 2016, Grand Island City Code
Chapter 23 is hereby amended to read as follows:
Article VII.
FOOD AND BEVERAGE RETAILER OCCUPATION TAX
§23-64. Definitions
As used in this Article, the following words and phrases shall have the meanings ascribed
to them in this section, except where the context clearly indicates or requires a different meaning:
(A)Beverage shall mean all substances, whether in liquid or frozen form, sold for ingestion
by humans and are consumed for their taste or nutritional value and contain one-half of
one percent or more of alcohol by volume.
(B)City shall mean the City of Grand Island and the area within the corporate limits of the
City of Grand Island.
(C)Commercial Establishment shall mean any retail location in the City that sells food or
beverages as herein defined.
(D)Food shall mean substances, whether in liquid, concentrated, solid, frozen, dried, or
dehydrated form, that are sold for ingestion or chewing by humans and are consumed for
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ORDINANCE NO. 9588 (Cont.)
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their taste or nutritional value, excluding beverages as defined herein and tobacco
products.
(E)Gross Proceeds shall mean the total amount of consideration, donation, contributions, or
monetary charges of any nature paid to obtain food or beverage without any deduction on
account of expenses, taxes, or other costs.
Notwithstanding anything herein to the contrary, the term gross proceeds shall not
include: (i.) proceeds from the sale of food or beverages exempt from or not otherwise
subject to Nebraska Sales and Use Tax as provided by the Nebraska Revenue Act of 1967
as amended from time to time; (ii.) The value of food or beverages furnished by the
commercial establishment to employees as part of their compensation when no charge is
made to the employee; and (iii.) Tips to an employee of a food services and drinking
places when the amount of the tip is wholly in the discretion of the purchaser, whether or
not the tip is paid to the employee or added to the bill and if the amount of the tip is
turned over to the employee. Amounts that are added to the price of the meal and
required to be paid by the purchaser, whether or not designated as a tip or a service
charge, shall be exempt as a tip to the extent the mandatory amount does not exceed
twenty-five percent (25%) of the food and beverage sales price.
(F)Finance Director shall mean the Finance Director of the City of Grand Island.
(G)Person shall mean any natural person, individual, partnership, association, organization
or corporation of any kind or character engaging in retail sales of food or beverages.
(H)Retail shall mean sale for use or consumption and not for resale in any form.
(I)Retail location shall mean any permanent, temporary or mobile place, location or facility
where retail sales occur, including, but not limited to, brick and mortal locations, mobile
trucks and temporary stands.
(J)Sale or to sell shall mean any transfer of possession for consideration, donation,
contributions, or monetary charges of any nature paid to obtain or for access to food or
beverage.
(K)Taxpayer shall mean any person operating a commercial establishment herein defined
who is required to pay the tax herein imposed.
§23-65. Intent and Purpose of Article
(A)Pursuant to the authority of Nebraska Revised Statute R.R.S. 1943, Section 16-
205, the City Council finds, determines and declares that it is appropriate that a tax be imposed
on commercial establishments that sell food and beverages as herein defined for the purpose of
raising revenues. The foregoing determination is made with due consideration of business in the
City and the relation of business to the municipal welfare, together with relation thereof, to
expenditures required by the City, and with consideration of just, proper and equitable
distribution of the tax burdens within the City and other properly associated matters.
(B)That revenue derived from Grand Island City Code, Article VII - the Food and
Beverages Tax shall be designated for use in the following order:
(i) To make the City’s quarterly payments to the Nebraska State Fair Support and
Improvement Fund as required by Neb Rev. Stat. §§2-108-110;
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(ii) Promote entertainment, agricultural and livestock shows, trade shows and
similar events that will attract visitors to Grand Island;
(iii) Ongoing enhancement and development of recreation and athletic facilities such
as hike, bike and recreational trails, ball fields and other community activity
needs; and
(iv) Invest in community development projects and activities that stimulate progress
and growth for Grand Island.
§23-66. Tax Imposed; Collection of Tax
(A)On or after July 1, 2016 and in each calendar month thereafter there is hereby
imposed a food and beverages retailer occupation tax upon each and every person operating a
commercial establishment within the City for any period of time during a calendar month. The
amount of such tax shall be one and one-half percent (1½%) of all gross receipts for each
calendar month derived from the sale of food and beverages subject to this tax.
(B)The person engaged in the sale of food and beverages may but is not required to
itemize the tax levied on a bill, receipt, or other invoice to the purchaser, but each person
engaged in the sale of food or beverages shall remain liable for the tax imposed by this section.
(C)Gross receipts subject to the tax shall include receipts from the sale of food and
beverages but excluding receipts from the sale of food or beverages exempt from or not
otherwise subject to Nebraska Sales and Use Tax as provided by the Nebraska Revenue Act of
1967 as amended from time to time..
§23-67. Tax Imposed for Revenue Purposes; Tax Cumulative
(A)The tax imposed by this article is purely for revenue purposes to support the
programs of the government of the City. The levy of the tax under this article is in addition to all
other fees, taxes, excises and licenses levied and imposed under any contract or any other
provisions of this Code or ordinances of the City, in addition to any fee, tax, excise or license
imposed by the state.
(B)Payment of the tax imposed by this article shall not relieve the person paying the
same from payment of any other tax now or hereafter imposed by contract or ordinance or by
this Code, including those imposed for any business or occupation he or she may carry on, unless
so provided therein. It is the intent of this Council that the occupational taxes imposed by this
article shall be cumulative except where otherwise specifically provided.
§23-68. Return
(A)Each and every person operating a commercial establishment within the City for
the calendar month beginning July 2016, and for each and every calendar month thereafter, shall
prepare and file, on or before the 25th day of the month, or the next business day should the 25th
fall on a Federal holiday or weekend, following on a form prescribed by the Finance Director, a
return for the taxable calendar month, and at the same time pay to the Finance Director the tax
herein imposed. Any return that is remitted via the United State Postal Service shall be
postmarked by the 25th day of the month to be considered an on time filing.
(B)A commercial establishment may make reports and remittances quarterly in lieu
of monthly if their monthly remittance would be $100.00 or less.
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§23-69. Suspension or Revocation of Other Licenses
(A)No delinquency in payment of the tax herein provided for by this article and no
revocation or conviction for violation of this article shall be grounds for the suspension or
revocation of any other license issued to any person engaged in business within the City by the
Finance Director or any other official of the City under any licensing provisions of this Code or
other ordinances, nor shall the same be grounds for the suspension or revocation of any other
license issued by any licensing authority pursuant to the statutes enacted by the State of
Nebraska.
§23-70. Failure to File Return; Delinquency; Assessment by Finance Director
(A)If any person neglects or refuses to make a return or payment of the taxes as
required by this article, the Finance Director shall make an estimate, based upon such
information as may be reasonably available, of the amount of taxes due for the period or periods
for which the taxpayer is delinquent, and upon the basis of such estimated amount, compute and
assess in addition thereto a penalty equal to ten percent (10%) thereof, together with interest on
such delinquent taxes, at the rate of one percent (1%) per month, or fraction thereof from the date
when due.
(B)The Finance Director shall give the delinquent taxpayer written notice of such
estimated taxes, penalty, and interest, which notice must be served personally or by certified
mail.
(C)Such estimate shall thereupon become an assessment, and such assessment shall
be final and due and payable from the taxpayer to the Finance Director ten (10) days from the
date of service of the notice or the date of mailing by certified mail; however, within such ten
(10) day period the delinquent taxpayer may petition the Finance Director for a revision or
modification of such assessment and shall, within such ten (10) day period, furnish the Finance
Director the facts and correct figures showing the correct amount of such taxes.
(D)Such petition shall be in writing, and the facts and figures submitted shall be
submitted in writing and shall be given under oath of the taxpayer.
(E)Thereupon, the Finance Director shall modify such assessment in accordance with
the facts which he or she deems correct. Such adjusted assessment shall be made in writing, and
notice thereof shall be mailed to the taxpayer within ten (10) days; and all such decisions shall
become final upon the expiration of thirty (30) days from the date of service, unless proceedings
are commenced within that time for appeal in the District Court of Hall County, Nebraska by the
filing of a petition with the Clerk of the Court. This appeal shall be conducted in conformance
with the Nebraska Rules of Civil Procedure and Rules of the Court as may be adopted by the
Court or enacted by the Legislature.
§23-71. Jeopardy Assessment
(A)If the Finance Director finds that the collection of the tax will be jeopardized by
delay, in his or her discretion, he or she may declare the taxable period immediately terminated,
determine the tax, and issue notice and demand for payment thereof, and, having done so, the tax
shall be due and payable forthwith, and the Finance Director may proceed to collect such tax as
hereinafter provided.
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(B) Collection may be stayed if the taxpayer gives such security for payment as shall
be reasonably satisfactory to the Finance Director.
§23-72. Administration of Article; Miscellaneous Provisions
(A)Administration by Finance Director. The administration of the provisions of this
article are hereby vested in the Finance Director, who shall prescribe forms in conformity with
this article for the making of returns, for the ascertainment, assessment and collection of the tax
imposed hereunder, and for the proper administration and enforcement hereof. The Finance
Director shall adopt such rules and regulation as may be necessary or desirable for the
administration and enforcement of this Article.
(B)Duties performed by others. Duties of the Finance Director herein provided may
be performed by any qualified person designated by the Finance Director.
(C) Notices to be sent by registered or certified mail. All notices required to be given
to the taxpayer under the provisions of this article shall be in writing, and if mailed postpaid by
registered or certified mail, return receipt requested, to him or her at his or her last known
address shall be sufficient for the purposes of this article.
(D)Duty to keep books and records. It shall be the duty of every taxpayer to keep and
preserve suitable records and other books or accounts as may be necessary to determine the
amount of tax for which he/she is liable hereunder.
(i)Records of the gross revenue by which this tax is measured shall be kept
separate and apart from the records of other sales or receipts in order to facilitate the examination
of books and records as necessary for the collection of this tax.
(ii)It shall be the duty of every such taxpayer to keep and preserve for a
period of four (4) years all such books, invoices and other records, which shall be open for
examination at any time by the Finance Director or his or her duly designated persons. If such
person keeps or maintains his books, invoices, accounts or other records, or any thereof, outside
of the state, upon demand of the Finance Director he/she shall make the same available at a
suitable place within the City, to be designated by the Finance Director, for examination,
inspection and audit by the Finance Director or his or her duly authorized persons.
(iii)The Finance Director, in his or her discretion, may make, permit or cause
to be made the examination, inspection or audit of books, invoices, accounts or other records so
kept or maintained by such person outside of the state at the place where same are kept or
maintained or at any place outside the state where the same may be made available, provided
such person shall have entered into a binding agreement with the City to reimburse it for all costs
and expenses incurred by it in order to have such examination, inspection or audit made in such
place.
(E)Investigation of taxpayer’s books. For the purpose of ascertaining the correctness
of a return, or for the purpose of determining the amount of tax due from any person, the Finance
Director or his or her duly authorized persons, may hold investigations and hearings concerning
any matters covered by this article; and may examine any relevant books, papers, records or
memoranda of any such person; and may require the attendance of such person, or any officer or
employee of such person, or of any person having knowledge thereof; and may take testimony
and require proof of his or her information. The Finance Director and his or her duly authorized
persons shall have power to administer oath to such persons.
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(F)Sale of business. Whenever any taxpayer sells his/her food services, drinking
places business, or restaurant or quits engaging in such business, any tax payable under this
article shall become immediately due and payable and such person shall immediately make a
report and pay the tax due.
(G)Status of unpaid tax and bankruptcy and receivership. Whenever the business or
property of any taxpayer subject to this article shall be placed in receivership, bankruptcy or
assignment for the benefit of creditors, or seized under distraint for property taxes, all taxes,
penalties, and interest imposed by this article and for which the taxpayer is in any way liable
under the terms of this article shall be a prior and preferred lien against the property of the
taxpayer, except as to pre-existing claims or liens of a bona fide mortgagee, pledgee, judgment
creditor or purchaser whose rights shall have attached prior to the filing of the notice as
hereinafter provided on the property of the taxpayer, other than the goods, stock in trade, and
business fixtures of such taxpayer; and no sheriff, receiver, assignee or other official shall sell
the property of any person subject to this article under process or order of any court without first
ascertaining from the Finance Director the amount of any taxes due and payable under this
article; and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer
to first pay the amount of such taxes out of the proceeds of such sale before making payment of
any monies to any judgment creditor or other claimants of whatsoever kind or nature, except the
cost of the proceedings and other pre-existing claims or liens as above provided.
(H)Release of liens. The tax imposed by this article, together with the interest and
penalties herein provided and the cost of collection which may be incurred, shall be and, until
paid, remain a first and prior lien, except as otherwise provided by the constitution or statute,
superior to all other liens, on all the merchandise, furniture and fixtures, tools and equipment of
the taxpayer within the City, and may be foreclosed by seizing under distraint and sale of so
much of said merchandise, furniture and fixtures, tools and equipment, as may be necessary to
discharge the lien. The lien created by this article shall apply only to tax obligations hereafter
incurred. Any lien for taxes as shown on the records of the county clerks and recorders as herein
provided shall, upon the payment of all taxes, penalties and interest covered thereby, be released
by the Finance Director in the same manner as mortgages or judgments are released.
(I)Statute of Limitations. No suit for collection of any taxes imposed by this article
for any interest thereon or penalties with respect thereto may be instituted, or any other action to
collect the same shall be commenced, nor shall any notice of lien be filed, or distraint warrant be
issued, more than four (4) years after the date on which the tax was or is payable. In case of a
false or fraudulent return with intent to evade tax, the tax, together with interest and penalties
thereon, may be assessed or proceedings for the collection of such taxes may be begun at any
time. Before the expiration of such period of limitation, the taxpayer and the Finance Director
may agree in writing to an extension thereof; and the period so agreed on may be extended by
subsequent agreement in writing.
(J)Administrative Fee. The Finance Director shall deposit monthly the proceeds of
the occupation tax to the special revenue fund, after deducting the amount of refunds made and
three percent of the remainder as an administrative fee necessary to defray the cost of collecting
the tax and the expenses incident thereto. The Finance Director shall keep full and accurate
records of all money received and distributed. All receipts from the three-percent administrative
fee shall be deposited in the City’s General Fund.
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§23-73. Recovery of Unpaid Tax by Action at Law
(A)The Finance Director may also treat any such taxes, penalties or interest due and
unpaid as a debt due the City.
(B)In case of failure to pay the taxes, or any portion thereof, or any penalty or interest
thereon when due, the Finance Director may recover at law the amount of such taxes, penalties
and interest in any court of Hall County, Nebraska or of the county wherein the taxpayer resides
or has its principal place of business having jurisdiction of the amounts sought to be collected.
(C) The return of the taxpayer or the assessment made by the Finance Director, as
herein provided, shall be prima facie proof of the amount due.
(D)Such actions may be actions and attachments, and writs of attachment may be
issued to the constable or sheriff, as the case may be; and in any such proceeding no bond shall
be required of the Finance Director except as may be required by statute, nor shall any constable
or sheriff require of the Finance Director an indemnifying bond for executing the writ of
attachment or writ of execution upon any judgment entered in such proceeding; and, in
accordance with the procedure established by statute, if any, the Finance Director may prosecute
appeals or writs of error in such cases without the necessity of providing bond therefor;
(E)The city attorney, when requested by the Finance Director may commence an
action for the recovery of taxes due under this article; and this remedy shall be in addition to all
other existing remedies, or remedies provided in this article.
§23-74. City a Party to Title Actions for Determination of Lien
In any action affecting the title to real estate or the ownership or rights to possession of
personal property, the City may be made a party defendant for the purpose of obtaining a
judgment or determination of its lien upon the property involved therein.
§23-75. Authority of Finance Director to Waive Penalty
The Finance Director is hereby authorized to waive, for good cause shown, any penalty
assessed as in this article provided; and any interest imposed in excess of six percent (6%) per
annum shall be deemed a penalty.
§23-76. Penalty
(A)Penalties for deficiencies caused by disregard of rules. If any part of the
deficiency is due to negligence or intentional disregard of authorized rules and regulations with
knowledge thereof, but without intent to defraud, there shall be added ten percent (10%) of the
total amount of the deficiency; and in such case interest shall be collected at the rate of one
percent (1%) per month, or fraction thereof, on the amount of the deficiency from the time the
return was due, from the person required to file the return, which interest in addition shall
become due and payable within ten (10) days after written notice and demand by the Finance
Director.
(B)Penalties for deficiencies caused by fraud. If any part of the deficiency is due to
fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of the total
amount of the deficiency, and in such case the whole amount of the tax that is unpaid, including
the additions, shall become due and payable ten (10) days after written notice and demand by the
Finance Director, and an additional one percent (1%) per month, or fraction thereof, on said
amounts shall be added from the date the return was due until paid.
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ORDINANCE NO. 9588 (Cont.)
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§23-77. Severability
If any provisions, clause, sentence or paragraph of this article or the application thereof to
any person or circumstances shall be held invalid, that invalidity shall not affect the other
provisions of this article which can be given effect without the invalid provision or application,
and to this end the provisions of this article are declared to be severable.
SECTION 3. The repeal provided herein of the original provisions of Chapter 23,
Article VII entitled “Food Service, Drinking Places, and Restaurant Tax.” adopted on September
9, 2008 as Ordinance No. 9189, as amended, shall not operate or be construed to release, forgive,
or discharge any occupation tax liability imposed as a result of said Ordinance 9189, as
amended, nor any penalties imposed for failure to pay the same, or any liens arising therefrom.
Occupation tax returns, assessments, payment, enforcement, administration, recovery, penalties
thereon, and liens arising therefrom shall be had and done as set forth by Sections 23-67 through
23-76, above, as though the same were provided for and imposed by this Ordinance.
SECTION 4. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed
SECTION 5. This ordinance shall be in force and take effect from and after its
passage and publication.
Enacted: May 24, 2016.
____________________________________
Jeremy L. Jensen, Mayor
Attest:
________________________________
Nicki Stoltenberg, City Clerk Pro Tem
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City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-1
Approving Minutes of May 10, 2016 City Council Regular Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
May 10, 2016
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 May 10, 2016. Notice of the meeting was given in The Grand Island Independent on
May 4, 2016.
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, Chuck Haase, Julie Hehnke, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember
Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry
Janulewicz, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Rylan Dvorak.
INVOCATION was given by Pastor Bill Pavuk, St. Pauls Lutheran Church, 1515 South Harrison
Street followed by the PLEDGE OF ALLEGIANCE.
PRESENTATIONS AND PROCLAMATIONS:
Presentation by Hall County Vietnam Veterans Hero Flight Committee. Hall County Supervisors
Pam Lancaster and Gary Quandt representing the Hall County Vietnam Veterans Hero Flight
Committee thanked the City of Grand Island for their work in welcoming the Vietnam Veterans
home from Washington, DC on May 3, 2016.
PUBLIC HEARINGS:
Public Hearing on Request from La Mexicana, Inc. dba La Mexicana Market, 385 North Pine
Street for a Class “D” Liquor License. City Clerk RaNae Edwards reported that an application
for a Class “D” Liquor License had been received from La Mexicana, Inc. dba La Mexicana
Market, 385 North Pine Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on March 16,
2016; notice to the general public of date, time, and place of hearing published on April 30,
2016; notice to the applicant of date, time, and place of hearing mailed on April 19, 2016; along
with Chapter 4 of the City Code. Staff recommended denial based on the Police Department
report and Nebraska State Statutes 53-132 (2a, 2b & 2c). Tom Wagoner, attorney for the
applicant spoke in support. No further public testimony was heard.
Public Hearing on Request from La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th
Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that an application
for a Class “C” Liquor License had been received from La Fonda Jalisco, LLC dba La Fonda
Jalisco, 613 East 4th Street. Ms. Edwards presented the following exhibits for the record:
application submitted to the Liquor Control Commission and received by the City on April 8,
2016; notice to the general public of date, time, and place of hearing published on April 30,
2016; notice to the applicant of date, time, and place of hearing mailed on April 8, 2016; along
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Page 2, City Council Regular Meeting, May 10, 2016
with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections
and completion of a state approved alcohol server/seller training program. Tom Wagoner,
attorney for the applicant spoke in support. No further public testimony was heard.
Public Hearing on Request to Rezone Property located at 2220 N. Webb Road from CD –
Commercial Development to Amended CD – Amended Commercial Development (Westar
Foods). Regional Planning Director Chad Nabity reported that an application had been made by
Westar Foods to rezone property located at 2220 N. Webb Road from CD – Commercial
Development to Amended CD – Amended Commercial Development. Staff recommended
approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - (#1) - Capital & Broadwell Avenues (U.S.
Department of Veterans Affairs). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located north of the VA Hospital at the northwest corner of Broadwell and
Capital Avenue was needed in order to have access to install, maintain, and repair the high
voltage underground power lines and pad-mount transformers that would serve the facility. Staff
recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - (#2) - Capital & Broadwell Avenues (U.S.
Department of Veterans Affairs). Utilities Director Tim Luchsinger reported that acquisition of a
utility easement located north of the VA Hospital at the northwest corner of Broadwell and
Capital Avenue was needed in order to have access to install, maintain, and repair the public
water main and related appurtenances that serve the apartment buildings for veteran housing
currently being built. Staff recommended approval. No public testimony was heard.
ORDINANCES:
Councilmember Donaldson moved “that the statutory rules requiring ordinances to be read by
title on three different days are suspended and that ordinance numbered:
#9585 - Consideration of Request to Rezone Property located at 2220 N. Webb Road
from CD – Commercial Development to Amended CD – Amended Commercial
Development (Westar Foods)
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 this ordinance 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.
Mr. Nabity answered questions regarding a shared driveway with Burger King at this location.
Motion by Haase, second by Paulick to approve Ordinance #9585.
City Clerk: Ordinance #9585 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.
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Page 3, City Council Regular Meeting, May 10, 2016
City Clerk: Ordinance #9585 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 #9585 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-9 and G-12 (Resolution #2016-110 and #2016-
113) were pulled for further discussion. Motion by Donaldson, second by Minton to approve the
Consent Agenda excluding items G-9 and G-12. Upon roll call vote, all voted aye. Motion
adopted.
Approving Minutes of April 26, 2016 City Council Regular Meeting.
Approving Liquor Manager Designation for Besim Shala, 1203 Stoneywood Avenue for
Napoli’s Italian, 3421 Conestoga Drive.
Approving Liquor Manager Designation for Sean Roll, 2204 Chanticleer Street for Olive
Garden, 1010 Allen Drive.
#2016-105 - Approving Request from La Fonda Jalisco, LLC dba La Fonda Jalisco, 613 East 4th
Street for a Class “C” Liquor License and Liquor Manager Designation for Blanca Ascencion,
2223 Bellwood #175.
#2016-106 - Approving Final Plat and Subdivision Agreement for Commercial Industrial Park
6th Subdivision. It was noted that Middleton Properties, LLC, owners, had submitted the Final
Plat and Subdivision Agreement for Commercial Industrial Park 6th Subdivision for the purpose
of creating 3 lots located south of Frontage Road and east of Industrial Lane consisting of 4.409
acres.
#2016-107 - Approving Final Plat and Subdivision Agreement for Hayman’s 2nd Subdivision. It
was noted that Handlers Land LLC, owners, had submitted the Final Plat and Subdivision
Agreement for Hayman’s 2nd Subdivision for the purpose of creating 2 lots located east of North
Road and south of Stolley Park Road consisting of 4.75 acres.
#2016-108 - Approving Final Plat and Subdivision Agreement for Jack Voss Horse Country
Club 4th Subdivision. It was noted that Joseph Brown and Lori Bear-Brown, owners, had
submitted the Final Plat and Subdivision Agreement for Jack Voss Horse Country Club 4th
Subdivision for the purpose of creating 2 lots located east of Engleman Road and north of
Michigan Avenue consisting of 7.036 acres.
#2016-109 - Approving Final Plat and Subdivision Agreement for Park Island Square 7th
Subdivision. It was noted that KM Grand Island Joint Venture, LLC, owners, had submitted the
Final Plat and Subdivision Agreement for Park Island Square 7th Subdivision for the purpose of
creating 2 lots located south of 13th Street and west of US Highway 281 consisting of 7.81 acres.
#2016-110 - Approving Subordination Agreement for Lois Stade, 236 S. Plum Street.
Community Development Specialist Charley Falmlen stated Lois Stade was looking to refinance
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Page 4, City Council Regular Meeting, May 10, 2016
her home which the City had a Community Development down payment assistance lien on. The
bank was requesting the subordination agreement. Discussion was held regarding the City having
a second lien now and would still have a second lien after the subordination agreement.
Motion by Nickerson, second by Hehnke to approve Resolution #2016-110. Upon roll call vote,
all voted aye. Motion adopted.
#2016-111 - Approving Acquisition of Utility Easement - (#1) - Capital & Broadwell Avenues
(U.S. Department of Veterans Affairs).
#2016-112 - Approving Acquisition of Utility Easement - (#2) - Capital & Broadwell Avenues
(U.S. Department of Veterans Affairs).
#2016-113 - Approving Purchase of a 2016 Pick-up Truck for the Utilities Department, Water
Shop, via State Contract #14337 OC from Sid Dillon Chevrolet of Crete, NE in an Amount of
$48,663.00. Utilities Director Tim Luchsinger stated this truck was a replacement for a service
truck that was scheduled to be replaced in this year’s budget. Comments were made concerning
the current 12 year truck with low mileage. Mentioned was having a fleet management city wide.
Mr. Luchsinger explained the difference in the Utilities Department fleet versus other companies
and the importance of having dependable vehicles. Mr. Ferguson stated the City had an extensive
record of fleet management of City vehicles.
Motion by Hehnke, second by Stelk to approve Resolution #2016-113. Upon roll call vote, all
voted aye. Motion adopted.
#2016-114 - Approving Coal Contract for 2017 for the Platte Generating Station with Arch Coal
Sales, Coal Creek Mine.
#2016-115 - Approving Purchase of a 2017 Truck with 41 Ft. Articulating Telescopic Aerial
Platform for the Electric Transmission/Substation Division of the Utilities Department from the
NJPA Contract No. 031014-ALT Altec Industries, Inc. in an amount of $143,615.00.
#2016-116 - Approving Award for Consulting Services for Geospatial Data Collection of Grand
Island’s Public Storm Water Conveyance System – 2016 with EA Engineering, Science, and
Technology, Inc. of Lincoln, NE in an Amount of approximately $50,000.00.
#2016-117 - Approving Agreement Amendment No. 3 with Olsson Associates of Grand Island,
NE for Professional Services Related to the Ext of Sanitary Sewer System in Wildwood
Subdivision (Dist No. 528), from Wildwood Subdivision to I-80 (Dist No. 530T), and Sanitary
Sewer Improvement Dist No. 2 (South of I-80) in an Amount of $38,448.00 and a Rrevised
Contract Amount of $580,633.00.
#2016-118 - Approving Agreement for 2016 Pavement Condition Assessment, Traffic Control
Sign Inventory, Pavement Markings Inventory, and Sidewalk Inventory with IMS Infrastructure
Management Services of Tempe, AZ in an Amount of $194,365.00.
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Page 5, City Council Regular Meeting, May 10, 2016
RESOLUTIONS:
#2016-119 - Consideration of Approving Request from La Mexicana, Inc. dba La Mexicana
Market, 385 North Pine Street for a Class “D” Liquor License and Liquor Manager Designation
for Veronica Alvarez, 609 So. Stuhr Road. This item was related to the aforementioned Public
Hearing. Comments were made regarding the past history of the applicant selling to minors and
what procedures were in place to avoid this in the future. Tom Wagoner, attorney for the
applicant commented on the past history of the applicant.
Motion by Stelk, second by Donaldson to deny Resolution #2016-119 based upon the Police
Department Report and Nebraska State Statutes 53-132 (2a, 2b & 2c). Upon roll call vote, all
voted aye. Motion adopted.
#2016-120 - Consideration of Approving Resolution Directing Property Owner to Repair
Sidewalk at 103 West 3rd Street. Public Works Director John Collins reported that Code
Enforcement was notified of the sidewalk in disrepair at 103 West 3rd Street. On March 30, 2016
Code Enforcement notified the owner giving them 30 days to correct the violation under City
Code Section 32-58. The work had not been made as of April 29, 2016. The Public Works
Department requested a resolution be passed giving the property owner 15 days to obtain the
sidewalk permit and 15 days from issuance of such permit to complete the repairs of the
sidewalk.
Mr. Collins explained what the City expected the property owner needed to do to repair the
sidewalk.
Motion by Paulick, second by Minton to approve Resolution #2016-120. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Donaldson, second by Hehnke to approve the Claims for the period of April 27, 2016
through May 10, 2016 for a total amount of $4,100,358.72. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:50 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 5/24/2016 Page 76 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-2
Approving Minutes of May 17, 2016 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 5/24/2016 Page 77 / 119
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
May 17, 2016
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
May 17, 2016. Notice of the meeting was given in the Grand Island Independent on May 11,
2016.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna
Dee Donaldson, Michelle Fitzke, Roger Steele, and Mike Paulick. Councilmember Vaughn
Minton was absent. The following City Officials were present: City Administrator Marlan
Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry
Janulewicz, and Public Works Director John Collins.
Mayor Jensen introduced Community Youth Council member Perla Alarcon.
INVOCATION was given by Community Youth Council member Perla Alarcon followed by the
PLEDGE OF ALLEGIANCE.
SPECIAL ITEMS:
Alternate 911 Discussion. Emergency Management Director Jon Rosenlund stated the
Emergency Management Department had been investigating options to solve the need for an
alternate 911 center. Improved designs for an alternate had been received and recent options
were presented to the Interlocal Committee for their review. Options included the construction of
a full scale center with proximity to the City’s fiber optic network, as well as an alternate facility
at Fire Station #1 that could also serve as a Fire Training Room facility. Additional opportunities
were presented by private businesses and property owners regarding the sale/lease of current
space.
Reviewed were the following cost and design of full scale construction: West Faidley - $3.4
million and West 13th Street - $3.2 million. An alternate 911 Center at Fire Station #1 was $1.7
million. Cost of a leased Alternate 911 was $562,000. Presented was renovating City Hall
basement to expand the Emergency Management and 911 offices to match capabilities in a full
scale center. This would expand 911 into one wing and the Emergency Management offices into
the Community Meeting Room wing. The estimated costs for the City Hall renovations were
$485,000.
Discussion was held regarding the future use of the Community Meeting Room (CMR) after the
possible renovation of the basement. Mr. Rosenlund stated the CMR would still be used as it was
today. FEMA and NEMA would still have use of CMR and would have to approve the changes
proposed.
The following CYC students spoke in support of the Fire Station 1 alternative:
Melissa Cuellar, 424 Path Avenue
Grand Island Council Session - 5/24/2016 Page 78 / 119
Page 2, City Council Study Session, May 17, 2016
Brandies Jensen, 1140 Pleasant View Drive
Ronald Dvorak, 2014 No. Custer Avenue
Sarah Salaman, 208 Ponderosa Drive
Buzz Douthit, 1608 Anna Street presented another option at Fonner Court, 1512 South Locust
Street currently rented by Viaero Wireless.
Comments were made about this being the fourth time this issue came before Council over the
last four years. Explained was the Interlocal Committee which was made up of City and County
elected officials. It was requested this committee submit their recommendation to the Council.
Mentioned was that the costs would be split with the County. There was currently $857,000 in
cash reserves and a yearly $365,000 collected from landline and wireless phones. Mr. Rosenlund
stated the cost of a new building would be the responsibility of the City and not shared by the
County as per the Interlocal Agreement.
Discussion was held regarding the size needed for an alternate site. Mr. Rosenlund stated at least
5,400 square feet. Councilmember Nickerson stated he serves on the Interlocal Committee and
updated the Council on those discussions. When asked what the best scenario was for him, Mr.
Rosenlund stated he thought the alternate at Fire Station 1 was the best choice for him and the
Fire Department.
Comments were made regarding building a new full 911 center and having the alternate 911 in
the basement at City Hall. Mayor Jensen stated it would be a good idea to put together an
amortization schedule if the Council would decide to bond this project. Mentioned was that if the
City leased a property the County would be responsible for 50% of the cost of which the citizens
of the City would pay approximately 80% since they pay both City and County taxes. Lease
purchase was talked about as well as fiber optic challenges at certain sites.
Roundabout Education. Public Works Director John Collins introduced Public Works Engineer
Tim Golka who reported that the Engineering Division of the Public Works Department was
always looking for ways to improve traffic flow and provide safe roadways for the public. The
introduction of roundabouts to the City roadways had been brought up in the past.
Reviewed were types of intersections, what a modern roundabout was, key features, and a video
for driving roundabouts. Mentioned was roundabouts were safer than traditional intersections.
Public Works was recommending a roundabout on Adams Street beetween the new Starr
Elementary School and Barr Middle School. Discussion was held regarding pedestrian crossings.
ADJOURNMENT: The meeting was adjourned at 9:25 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 5/24/2016 Page 79 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-3
Approving Liquor Manager Designation for Stephanie Smith, 208
West 8th Street for Ruby Tuesday, 3429 West 13th Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 5/24/2016 Page 80 / 119
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:May 24, 2016
Subject:Request from Stephanie Smith, 208 West 8th Street for
Liquor Manager Designation with Ruby Tuesday, 3429
West 13th Street
Presenter(s):RaNae Edwards, City Clerk
Background
Stephanie Smith, 208 West 8th Street has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with Ruby Tuesday, 3429 West
13th 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 - 5/24/2016 Page 81 / 119
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Stephanie Smith, 208 West 8th Street for Liquor
Manager Designation in conjunction with the Class “I-067017” Liquor License for Ruby
Tuesday, 3429 West 13th Street with the stipulation that Ms. Smith complete a state
approved alcohol server/seller training program.
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Grand Island Council Session - 5/24/2016 Page 83 / 119
Grand Island Council Session - 5/24/2016 Page 84 / 119
Grand Island Council Session - 5/24/2016 Page 85 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-4
#2016-121 - Approving Request from Prairie Pride Brewing
Company, LLC dba Prairie Pride Brewing Company, 115 East
South Front Street, Suite 1 for a Class “LK” Liquor License and
Liquor Manager Designation for Phillip Cahoy, #83 Ponderosa
Drive
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 5/24/2016 Page 86 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-121
WHEREAS, an application was filed by Prairie Pride Brewing Company, LLC
doing business as Prairie Pride Brewing Company, 115 East South Front Street for a Class "LK"
Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on May 14, 2016; such publication cost being $17.26; and
WHEREAS, a public hearing was held on May 24, 2016 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 Phillip Cahoy,
#83 Ponderosa Drive as liquor manager of such business.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 87 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-5
#2016-122 - Approving Acquisition of Utility Easement - 1920
Sagewood Avenue (HC of Grand Island LLC)
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 5/24/2016 Page 88 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-122
WHEREAS, a public utility easement is required by the City of Grand Island
from HC of Grand Island, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and
transformers; and;
WHEREAS, a public hearing was held on May 24, 2016 for the purpose of
discussing the proposed acquisition of an easement located at 1920 Sagewood Avenue, in the
City of Grand Island, Hall County, Nebraska; and more particularly described as follows:
Commencing at the Northwest corner of Lot One (1), Starlite Subdivision, Grand
Island, Hall County, Nebraska; thence easterly along the northerly line of said Lot
One (1), a distance of one hundred sixty five and nine tenths (165.9) feet to the
Actual Point Of Beginning; thence running southerly perpendicular to the
northerly line of said Lot One (1), a distance of three hundred fifty two (352.0)
feet.
The above-described easement and right-of-way containing 0.16 acres more or
less, as shown on the plat dated 4/29/2016, marked Exhibit "A", attached hereto
and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to acquire a public utility easement from HC of Grand Island, LLC, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
______________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 89 / 119
Grand Island Council Session - 5/24/2016 Page 90 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-6
#2016-123 - Approving Certificate of Participant with the Public
Power Generation Agency for Revenue Refunding Bonds, 2016,
Series A
Staff Contact: Tim Luchsinger, Jerry Janulewicz
Grand Island Council Session - 5/24/2016 Page 91 / 119
Council Agenda Memo
From:Jerry Janulewicz, City Attorney
Timothy Luchsinger, Utilities Director
Meeting:May 24, 2016
Subject:Public Power Generation Agency – Certificate of
Participant
Presenter(s):Tim Luchsinger, Utilities Director
Background
The City of Grand Island is a member of Public Power Generation Agency, an agency
formed through an Interlocal Agreement on September 1, 2005 and Participation
Agreement on October 5, 2006 for the ownership and operation of the Whelan Energy
Center Unit 2, a coal-fueled generating plant which began operation May, 2011. This
inter-local agency issued revenue bonds in 2007 for the construction of the project. A
2016 issue of bonds to allow the refinancing of the 2007 issue was recently completed.
Discussion
The 2016 Series A Bonds issue requires the compilation of financial and operating data
from each of the project Participants in order to prepare the Official Statement and other
documents necessary to proceed with the issuance of the bonds to finance the
Participants’ share of the construction project. Each Participant must provide the required
information and certify that this information is correct.
Attached is the Certificate of Participant. By execution of this document the City
certifies that the information provided for preparation of the 2016 Series A Bonds issue is
correct and that there are not material legal matters pending which would affect the
Participants’ ability to meet its obligation to the project at the date of bond issuance.
All participants in the 2016 Series A Bonds issuance are required to execute a Certificate
of Participant.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 5/24/2016 Page 92 / 119
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 Certificate of Participant be approved by
Council for execution by the Mayor.
Sample Motion
Move to approve the Certificate of Participant and to authorize the Mayor to execute the
document.
Grand Island Council Session - 5/24/2016 Page 93 / 119
8707499/CJ/jld
CERTIFICATE OF PARTICIPANT
The undersigned hereby certifies that he is the Mayor of the City of Grand Island,
Nebraska (the “Participant”), a member of Public Power Generation Agency (“PPGA”), and
that as such he is authorized to execute this Certificate on behalf of the Participant, and hereby
further certifies as follows:
1.This Certificate has been executed in connection with the Public Power
Generation Agency Interlocal Agreement, dated as of September 1, 2005 (the “Interlocal
Agreement”), by and among the Participant and four other public agencies; and the
Amended and Restated Participation Agreement, dated as of October 5, 2006 (the
“Participation Agreement”), between the Participant and PPGA; and the proposed
issuance by PPGA of its Whelan Energy Center Unit 2 Revenue Refunding Bonds, 2016
Series A.
2.The Participant is a City of the First Class of the State of Nebraska and is
governed by a City Council (the “Governing Body”).
3.The Interlocal Agreement and the Participation Agreement have each been
duly authorized, executed and delivered by the Participant and constitute legal, valid and
binding agreements of the Participant, and have not been amended, revised or
supplemented.
4.The resolutions adopted at a meeting of the Governing Body held on
August 9, 2005 authorizing the execution and delivery of the Interlocal Agreement and
related matters and the ordinance adopted at a meeting of the Governing Body held on
November 14, 2006 authorizing the execution and delivery of the Participation
Agreement and related matters have each been duly adopted, and are in full force and
effect and have not been amended, modified, repealed or supplemented.
5.No referendum petition was filed with the Participant or any of its officers
seeking to refer such resolution or ordinance to the electors of the Participant in
accordance with the provisions of state law; and (b) no litigation has been instituted, is
pending or has been threatened to require a referendum election thereon.
6.The Participant now owns and operates a local electric utility system (the
“System”) and furnishes electric energy to all persons desiring such service within its
service area. The electric energy to be provided by its Entitlement Share in the Project
(each as defined in the Participation Agreement) will be used by the Participant to
provide electric service within its service area.
7.The payments to be made by the Participant to PPGA under the
Participation Agreement will constitute ordinary and necessary expenses payable solely
from the revenues and other available funds of the System.
Grand Island Council Session - 5/24/2016 Page 94 / 119
-2-
8.There is no action, suit, proceeding, inquiry or investigation by or before
any court, governmental agency, public board or administrative body pending or, to the
best of our knowledge threatened, against the Participant which (a) challenges, contests
or questions the due and regular adoption of the resolution or ordinance referred to in
paragraph 4 above or the validity thereof, or affects or seeks to prohibit, restrain or enjoin
the Participant from complying with the obligations contained in the Participation
Agreement or the Interlocal Agreement, including the payment obligations to PPGA
contained in the Participation Agreement, (b) in any way affects or questions the validity
or enforceability of the Interlocal Agreement or the Participation Agreement, nor, to the
best of our knowledge, is there any basis therefor, (c) challenges or affects the corporate
existence of the Participant or the titles of its officers to their respective offices, (d) seeks
to prohibit, restrain or enjoin the collection of revenues from the System to be used to
make payments to PPGA under the Participation Agreement, and (e) involves any of the
property or assets of the Participant which involves the possibility of any judgment or
liability, not fully covered by insurance, which may result in any material adverse change
in the business, properties, assets or in the condition, financial or otherwise, of the
System.
9.The Participant requested PPGA to acquire and construct the “Project”, as
defined in the Participation Agreement (consisting primarily of Whelan Energy Center
Unit 2), on its behalf in order to provide electric energy needed by the Participant to serve
its customers, and the Participant continues to expect the Project to be needed for such
purpose.
10.Timothy G. Luchsinger has been duly appointed by the Governing Body
to serve as a member, and Travis Burdett as alternate member, of the Board of Directors
of PPGA on and from May 10, 2011.
11.The information with respect to the Participant and the System contained
in the Official Statement of PPGA, dated April 28, 2016, was provided by the Participant,
does not contain any untrue statement of a material fact and does not omit to state a
material fact required to be stated therein or necessary to make the statements therein, in
the light of the circumstances under which they were made, not misleading.
Dated: May 25, 2016
CITY OF GRAND ISLAND, NEBRASKA
By ____________________________________
Jeremy Jensen, Mayor
Grand Island Council Session - 5/24/2016 Page 95 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-123
WHEREAS, through and by adoption of Resolution 2005-224 on August 9, 2005, the City of
Grand Island became a member of the Public Power Generation Agency by its approval of the Interlocal
Agreement creating the Public Power Generation Agency, approving the agency bylaws, and approving
the Participation Agreement, all providing for the governance of the agency and the ownership and
operation of the Whelan Energy Center Unit 2, a coal-fueled generating plant; and
WHEREAS, on November 14, 2006, the City Council of the City of Grand Island enacted
Ordinance No. 9089 thereby approving the Amended Participation Agreement by and between the City of
Grand Island and the Public Power Generation Agency; and
WHEREAS, the Public Power Generation Agency issued revenue bonds in 2007 for the
construction of the Whelan Energy Center Unit 2 and a 2016 issue of bonds to allow the refinancing of
the 2007 issue was recently completed; and
WHEREAS, as a part of the process of arranging financing for the Public Power Generation
Agency Bonds, the Public Power Generation Agency has requested that the City execute a Certificate of
Participant; and
WHEREAS, the form of the Certificate of Participant was reviewed and approved by the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF GRAND ISLAND, NEBRASKA, as follows:
1.The actions and proceedings of the City of Grand Island, and its City Council and Mayor, had
and taken on August 9, 2005, with respect to the above-mentioned Interlocal Agreement and
bylaws of the Public Power Generation Agency, should be and the same are hereby confirmed,
ratified and approved; and
2.The Mayor is authorized to execute the above-mentioned Certificate of Participant on behalf of
the City of Grand Island.
3.This resolution is hereby determined to be a measure necessary to carry out the obligations of the
City under the Agreement and shall be in force and effect immediately upon its passage and
approval.
---
PASSED AND APPROVED by the City Council of the City of Grand Island, Nebraska, May 24,
2016.
__________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 96 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-7
#2016-124 - Approving Acquisition of Utility Easement in Section
22, Township 11 N, Range 9 - SE Corner of S Locust Street & State
Fair Boulevard Intersection (Hall County Livestock Improvement
Association)
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 97 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-124
WHEREAS, a public utility easement is required by the City of Grand Island,
from Hall County Livestock Improvement Association, in the Southwest Quarter of Section 22,
Township 11N, Range 9W, City of Grand Island, Hall County, Nebraska and more particularly
described as follows:
A PUBLIC UTILITY EASEMENT BEING PART OF THE SOUTHWEST QUARTER OF SECTION
TWENTY-TWO (22), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9) WEST OF THE 6TH
P.M., HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF A TRACT OF LAND RECORDED AS
EXHIBIT "A" IN INSTRUMENT #87106012 IN THE HALL COUNTY NEBRASKA REGISTER OF
DEEDS OFFICE; THENCE EASTERLY, ON THE NORTH LINE OF SAID EXHIBIT "A", A
DISTANCE OF 6.96 FEET TO THE EASTERLY LINE OF AN EXISTING PUBLIC UTILITY
EASEMENT AS RECORDED IN INSTRUMENT #200316339 IN SAID HALL COUNTY NEBRASKA
REGISTER OF DEEDS OFFICE; THENCE SOUTHERLY, ON THE EASTERLY LINE OF SAID
EXISTING PUBLIC UTILITY EASEMENT, A DISTANCE OF 216.30 FEET TO A POINT ON THE
SOUTHERLY LINE OF AN EXISTING INGRESS/EGRESS EASEMENT AS RECORDED IN
INSTRUMENT #201002121 IN SAID HALL COUNTY NEBRASKA REGISTER OF DEEDS OFFICE;
SAID POINT BEING THE ACTUAL POINT OF BEGINNING; THENCE EASTERLY, ON THE
SOUTHERLY LINE OF SAID EXISTING INGRESS/EGRESS EASEMENT, A DISTANCE OF 25.00
FEET; THENCE SOUTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID EXISTING
PUBLIC UTILITY EASEMENT, A DISTANCE OF 25.00 FEET; THENCE WESTERLY, PARALLEL
WITH THE SOUTHERLY LINE OF SAID EXISTING INGRESS/EGRESS EASEMENT, A DISTANCE
OF 25.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID EXISTING PUBLIC UTILITY
EASEMENT; THENCE NORTHERLY, ON THE EASTERLY LINE OF SAID EXISTING PUBLIC
UTILITY EASEMENT, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. SAID
NEWLY DEDICATED UTILITY EASEMENT TRACT CONTAINS A CALCULATED AREA OF
0.0143 ACRES MORE OR LESS.
WHEREAS, an Agreement for the public utility easement has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the public utility easement on the above
described tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 98 / 119
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Grand Island Council Session - 5/24/2016 Page 99 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-8
#2016-125 - Approving Award of Proposal for Enterprise
Environmental Resources Regulatory and Compliance System -
2016
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 100 / 119
Council Agenda Memo
From:Marvin Strong PE, Wastewater Treatment Plant Engineer
Meeting:May 24, 2016
Subject:Approving Award of Proposal for Enterprise
Environmental Resources Regulatory and Compliance
System - 2016
Presenter(s):John Collins PE, Public Works Director
Background
A Request for Proposals (RFP) for consulting services for Enterprise Environmental
Resources Regulatory and Compliance System - 2016 was advertised in the Grand Island
Independent on April 11, 2016. The RFP was also sent to three (3) potential proposers by
the Engineering Division of the Public Works Department.
The implementation of an Environmental Resources Regulatory and Compliance System
will focus on the needs of the Public Works Department by,
Tracking regulatory and compliance permits, inspections and data analysis;
Linking data analysis to billing system for fees and surcharges;
Tracking and modeling of proposed and promulgated compliance schedules;
Reports, permits and letter preparation;
Centralized location for eases of access to multiple users;
Centralized database for prompt records retrieval for Local, State or Federal
inspections; and
System modeling for Fats, Oil and Grease (FOG) program that will support
Collections system.
Discussion
One (1) proposal was opened on April 28, 2016 and reviewed and scored.
The sole proposal was submitted by Linko Technology, Inc. of Wheat Ridge, Colorado
and was scored as the best firm to complete the required work, for a total price of
$63,565.00, with an Annual Maintenance and Support Price of $7,580.00. The cost
proposal is attached for review.
Grand Island Council Session - 5/24/2016 Page 101 / 119
This software will help the Wastewater Division monitor Commercial and Industrial
customers more efficiently and effectively. The number of such customers is expected to
increase significantly with the addition of customers in the Wildwood Subdivision,
Sanitary Sewer Improvement District No. 2 and the Airport Sanitary Sewer Collection
System.
Funds for the consulting services are in the approved 2015/2016 Wastewater Division
budget.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the award of the proposal to
Linko Technology, Inc. of Wheat Ridge, Colorado, for an amount up to $63,565.00, with
an Annual Maintenance and Support Price of $7,580.00.
Sample Motion
Move to approve the award of the proposal.
Grand Island Council Session - 5/24/2016 Page 102 / 119
www.linkotechnology.com | info@linkotechnology.com | 877.546.5699
1
Cost Proposal-
Revised May 13, 2016; client requested optional module be included in “Required Additional
Component section.
Cost Proposal Worksheet
A. Enterprise Environmental Resources Regulatory and Compliance System
Total Price $32,585
Basic System Price $10,495
Required Additional Components $22,090
Recommended “Extra” Components $0
(Itemized below or additional page)
B. System Implementation Total Price $19,695
Basic Implementation $19,695
Required Upgrade(s) to our systems $0
Recommended Upgrades $0
(Itemized below or additional page)
C. Initial Training Total Price $3,705*
Itemize hours of training included
D. Annual Maintenance and Support Price (per year) $7,580**
TOTAL PRICE (Sum of Items A, B, C, and D) $63,565
*Price included in proposal is for remote training. A two (2) day on-site training session
can be provided for $5200 (includes travel expenses and a remote follow up session).
**Annual Maintenance and Support Price ($7580) includes one (1) user login. Each
additional user login would increase the Annual Maintenance and Support Price by
$1440.
Grand Island Council Session - 5/24/2016 Page 103 / 119
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ENTERPRISE ENVIRONMENTAL RESOURCES
REGULATORY AND COMPLIANCE SYSTEM
RFP DUE DATE:April 28, 2016 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:April 9, 2016
NO. POTENTIAL BIDDERS:4
SUMMARY OF PROPOSALS RECEIVED
Linko Technology, Inc.
Wheat Ridge, CO
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator Renae Griffiths, Finance Director
Stacy Nonhof, Purchasing Agent Dawn Slauter, WW Regulatory Comp. Mgr.
P1876
Grand Island Council Session - 5/24/2016 Page 104 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-125
WHEREAS, the City Of Grand Island invited proposals for consulting services
for Enterprise Environmental Resources Regulatory and Compliance System – 2016, according
to the Request For Proposals (RFP) on file with the Engineering Division of the Public Works
Department; and
WHEREAS, on April 28, 2016 proposals were received, reviewed, and evaluated
in accordance with established criteria in the RFP; and
WHEREAS, Linko Technology, Inc. of Wheat Ridge, Colorado submitted a
proposal in accordance with the terms of the Request for Proposals and all statutory requirements
contained therein and the City Procurement Code with the work performed at a maximum cost of
$63,565.00, with an Annual Maintenance and Support Price of $7,580.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Linko Technology,
Inc. of Wheat Ridge, Colorado for consulting services for Enterprise Environmental Resources
Regulatory and Compliance System - 2016 is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 105 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item G-9
#2016-126 - Approving Bid Award for South Locust Traffic Signal
Relocation; Project No. 2016-TS-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 106 / 119
Council Agenda Memo
From:Keith Kurz P.E., Public Works Engineer
Meeting:May 24, 2016
Subject:Approving Bid Award for South Locust Traffic Signal
Relocation; Project No. 2016-TS-1
Presenter(s):John Collins P.E. - Public Works Director
Background
On May 4, 2016 the Engineering Division of the Public Works Department advertised for
bids for South Locust Traffic Signal Relocation; Project No. 2016-TS-1. There were nine
(9) potential bidders for the project.
This project will allow for relocation of the traffic signal from the Skagway entrance at
South Locust Street to the intersection of South Locust Street and State Fair Boulevard.
Discussion
One (1) bid was received and opened on May 17, 2016. The bid was submitted in
compliance with the contract, plans, and specifications. A summary of the bid is shown
below.
Bidder Exceptions Total Bid
Chief Construction Co. dba Heartland
Electric Company of Grand Island,
NE
Noted Bid Section “A”- $24,810.00
Bid Section “B”- $20,050.70
Bid Section “C” - $5,144.00
GRAND TOTAL BID - $50,004.70
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 - 5/24/2016 Page 107 / 119
Recommendation
City Administration recommends that the Council approve awarding a contract to Chief
Construction Co. dba Heartland Electric Company of Grand Island, Nebraska in the
amount of $50,004.70 as the compliant bid that meets specifications.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 5/24/2016 Page 108 / 119
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:May 17, 2016 at 2:00 p.m.
FOR:South Locust Traffic Signal Relocation; Project No. 2016-TS-1
DEPARTMENT:Public Works
ESTIMATE:$100,000.00
FUND/ACCOUNT:40000400-2100-40017
PUBLICATION DATE:May 4, 2016
NO. POTENTIAL BIDDERS:9
SUMMARY
Bidder:Heartland Electric Co.
Grand Island, NE
Bid Security:Fidelity & Deposit Co.
Exceptions:Noted
Bid Price:
Section A:$24,810.00
Section B:$20,050.70
Section C:$ 5,144.00
Grand Total:$50,004.70
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator Renae Griffiths, Finance Director
Stacy Nonhof, Purchasing Agent Terry Brown, Manager, Eng. Services
P1881
Grand Island Council Session - 5/24/2016 Page 109 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-126
WHEREAS, the City of Grand Island invited sealed bids for South Locust Traffic
Signal Relocation; Project No. 2016-TS-1, according to plans and specifications on file with the
City Engineer/Public Works Director; and
WHEREAS, on May 17, 2016 bids were received, opened, and reviewed; and
WHEREAS, Chief Construction Co. dba Heartland Electric Co. of Grand Island,
Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans
and specifications and all other statutory requirements contained therein, such bid being in the
amount of $50,004.70; and
WHEREAS, Chief Construction Co. dba Heartland Electric Co.’s bid was below
the engineer’s estimate for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Chief Construction Co. dba
Heartland Electric Co. of Grand Island, Nebraska in the amount of $50,004.70 for South Locust
Traffic Signal Relocation; Project No. 2016-TS-1 is hereby approved as the lowest responsible
bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract with such contractor for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 110 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item I-1
#2016-100 - Consideration of Fees for Sanitary Sewer District No.
537T, Ext of Sanitary Sewer to Serve Lot 1 & Lot 2, TLST Spiehs
Subdivision and Part of the N 10 Acres of the W Half of the NW
Quarter (W1/2NW1/4) All In Section 10, Township 11N, Range 9W
This item relates to the aforementioned Board of Equalization item D-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 5/24/2016 Page 111 / 119
Approved as to Form ¤ ___________
May 20, 2016 ¤ City Attorney
R E S O L U T I O N 2016-100
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District
No. 537T, after due notice having been given thereof, that we find and adjudge:
That the benefits accruing to the real estate in such district 537T to be the total
sum of $177,026.57, with existing agreement credits of $1,112.76 and a contract credit of
$80,000.03 for a revised tap fee total of $95,913.78; and
Such benefits are equal and uniform; and
According to the area of the respective lots, tracts, and real estate within such
Sanitary Sewer District No. 537T, such benefits are the sums set opposite the several
descriptions as follows:
Parcel
No.Owner Legal Description
Connection
Fee
400205955 Jose Haro
Martha Haro
The North One Hundred Eighty Two (182.0) feet of a certain
part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), which point is one Thousand One
Hundred Eighty Eight (1188.0) feet West of the Northeast
corner of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence South parallel to the East line of the said
North Ten (10) acres Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the said
North Ten (10) acres One Hundred Thirty Four and Seven
Tenths (134.7) feet to a point on the West line of the said
North Ten (10) acres; running thence North upon and along
the West line of the said North Ten (10) acres Three Hundred
Thirty One (331.0) feet to the Northwest corner of the said
North Ten (10) acres; running thence East upon and along
the North line of the said North Ten (10) acres One Hundred
Thirty Three and Nine Tenths (133.9) feet to the actual point
of beginning; EXCEPT the South Fifty (50.0) feet of said
North One Hundred Eighty Two (182.0) feet thereof; and
subject to one-half (½) of the County Road to the North and
West of said premises.
$7,463.58
400205963
Juan Rico
Anna M Villa De Rico
The South Fifty (50) feet of the North One Hundred Eighty
Two (182.0) feet of that part of the North Ten (10) acres of
the West Half of the Northwest Quarter (W ½ NW ¼) of
Section Ten (10), Township Eleven (11) North, Range Nine
(9), West of the 6th P.M., Hall County, Nebraska, more
particularly described as follows:
Beginning at a point on the North line of said Section Ten
(10), a distance of One Thousand One Hundred Eighty Eight
(1188.0) feet West of the Northeast corner of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section; running
thence South parallel to the East line of said West Half of the
Northwest Quarter (W ½ NW ¼) of said Section for a
$7,463.58
Grand Island Council Session - 5/24/2016 Page 112 / 119
- 2 -
distance of Three Hundred Thirty One (331.0) feet; running
then West parallel to the North line of said Section Ten (10),
a distance of One Hundred Thirty Four and Seven Tenths
(134.7) feet, more or less, to a point on the West line of
Section Ten (10); running thence North upon and along said
West Section line for a distance of Three Hundred Thirty One
(331.0) feet to the Northwest corner of said Section Ten (10);
running thence East upon and along the North line of said
Section Ten (10) for a distance of One Hundred Thirty Three
and Nine Tenths (133.9) feet, more or less, to the Actual
Point of Beginning.
400206080 Rhonda Coon
Ricky Coon
A certain tract of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10), in
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the West line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Hundred Eighty
Two (182.0) feet South of the Northwest corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), the point of beginning;
running thence South on the West line of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10) for
a distance of One Hundred Forty Nine (149.0) feet; running
thence East for a distance of One Hundred Thirty Four and
Seven Tenths (134.7) feet; running thence North parallel with
the West line of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of said Section Ten (10)
for a distance of One Hundred Forty Nine (149.0) feet; thence
running West and parallel to the North line of said Ten (10)
acre tract to the point of beginning. Subject, however, to One
Half (1/2) of the County Road to the West of said premises.
$7,463.58
400214059 Gary Ummel
Estel Ummel
Lot Two (2), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska.$7,463.58
400205939 Timothy S Grudzinski
Cassandar L Grudzinski
The West Half of the following described tract: Part of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of Section Ten (10), Township Eleven
(11) North, Range Nine (9), West of the 6th P.M., Hall County,
Nebraska and more particularly described as follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet, to a point on the North line of said Ten (10)
acres tract; running thence East along and upon the North
line of said Ten (10) acre tract, One Hundred Thirty Two
(132.0) feet to the actual point of beginning, subject however
to the Half (½) of the County Road to the North of said
premises, Hall County, Nebraska.
$7,463.58
Grand Island Council Session - 5/24/2016 Page 113 / 119
- 3 -
400205920 Reinier Fernandez Solorzano
The East Half (E ½) of the following described tract:
Part of the North Ten (10) Acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is One Thousand Fifty
Six (1056.0) feet West of the Northeast corner of said North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of said North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of said tract,
One Hundred Thirty Two (132.0) feet; running thence North
parallel to the East line of said tract, Three Hundred Thirty
One (331.0) feet to a point on the north line of said Ten (10)
acre tract; running thence East along and upon the North line
of said Ten (10) acre tract, One Hundred Thirty Two (132.0)
feet to the actual point of beginning.
$7,463.58
400206056 Wesley T Tjaden
Part of the West Half of the Northwest Quarter (W ½ NW ¼)
of Section Ten (10), Township Eleven (11) North, Range
Nine (9), West of the 6th P.M., more particularly described as
follows:
Beginning at a point on the North line of said Section Ten
(10), which point is Nine Hundred Twenty Four (924.0) feet
West of the Northeast corner of the Northwest Quarter of the
Northwest Quarter (NW ¼ NW ¼) of said Section Ten (10);
running thence South and parallel to the East line of said
Section Ten (10) a distance of Three Hundred Thirty One
(331.0) feet; running thence West and parallel to the North
line of said Section Ten (10) a distance of One Hundred
Thirty Two (132.0) feet; running thence North and parallel to
the East line of said Section a distance of Three Hundred
Thirty One (331.0) feet to the North line of said Section Ten
(10); running thence East and along and upon the North line
of said Section Ten (10) a distance of One Hundred Thirty
Two (132.0) feet to the point of beginning.
$7,463.58
400205947
Anna Lee Young
Life Estate B Haycock &
B Hardenbroc
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Seven Hundred
Ninety Two (792.0) feet West of the Northeast corner of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence South parallel to the East line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
$7,463.58
Grand Island Council Session - 5/24/2016 Page 114 / 119
- 4 -
of said Section Ten (10), Three Hundred Thirty One (331.0)
feet; running thence West parallel to the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet; running thence North parallel to the
East line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10),
Three Hundred Thirty One (331.0) feet to a point on the North
line of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of said Section Ten (10);
running thence East upon and along the North line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), One Hundred
Thirty Two (132.0) feet to the actual point of beginning,
subject, however to One Half (1/2) of the County Road to the
North of said premises.
400206013 JK Investments, LLC
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Six Hundred Sixty
(660.0) feet West of the Northeast corner of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning.
$7,463.58
400206005 Sergio Urbina
Idalia Urbina
A certain part of the North Ten (10) acres of the West Half of
the Northwest Quarter (W ½ NW ¼), of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Five Hundred Twenty
Eight (528.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty (330.0) feet; running
thence West parallel to the North line of the North Ten (10)
$6,350.82
Grand Island Council Session - 5/24/2016 Page 115 / 119
- 5 -
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), One Hundred Thirty Two (132.0)
feet; running thence North parallel to the East line of the
North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty (330.0) feet, to a point on the North line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises.
400205912 Cruz C Ramos, Sr.
Minerva M Ramos
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point on the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10) which point is Three Hundred Ninety
Six (396.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10) Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10) Three
Hundred Thirty One (331.0) feet to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East along and upon the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10) One Hundred Thirty Two
(132.0) feet, to the actual point of beginning; subject to One
Half (½) of the County Road to the North of said premises,
$7,463.58
400205904 Ronald Peter Pfenning
Part of the North Ten (10) acres of the West Half of the
Northwest Quarter (W ½ NW ¼) of Section Ten (10),
Township Eleven (11) North, Range Nine (9), West of the 6th
P.M., Hall County, Nebraska, more particularly described as
follows:
Beginning at a point of the North line of the North Ten (10)
acres of the West Half of the Northwest Quarter (W ½ NW ¼)
of said Section Ten (10), which point is Two Hundred Sixty
Four (264.0) feet West of the Northeast corner of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10); running thence South
parallel to the East line of the North Ten (10) acres of the
West Half of the Northwest Quarter (W ½ NW ¼) of said
Section Ten (10), Three Hundred Thirty One (331.0) feet;
running thence West parallel to the North line of the North
Ten (10) acres of the West Half of the Northwest Quarter (W
½ NW ¼) of said Section Ten (10), One Hundred Thirty Two
$7,463.58
Grand Island Council Session - 5/24/2016 Page 116 / 119
- 6 -
(132.0) feet; running thence North parallel to the East line of
the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10), Three
Hundred Thirty One (331.0) feet, to a point on the North line
of the North Ten (10) acres of the West Half of the Northwest
Quarter (W ½ NW ¼) of said Section Ten (10); running
thence East upon and along the North line of the North Ten
(10) acres of the West Half of the Northwest Quarter (W ½
NW ¼) of said Section Ten (10), One Hundred Thirty Two
(132.0) feet, to the actual point of beginning, subject to One
Half (½) of the County Road to the North of said premises.
400206048 Timothy S Spiehs
Lisa M Spiehs
Lot One (1), TLST Spiehs Subdivision, City of Grand Island,
Hall County, Nebraska. $7,463.58
TOTAL TAP FEES $95,913.78
BE IT FURTHER RESOLVED that the special benefits as determined by this
resolution shall not be levied as special assessments but shall be certified by this resolution to the
Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A
connection fee in the amount of the above benefit accruing to each property in the district shall
be paid to the City of Grand Island at the time such property becomes connected to the sanitary
sewer. No property benefited as determined by this resolution shall be connected to the sanitary
sewer main until the connection fee is paid. The connection fees collected shall be paid into the
fund from which construction costs were made to replenish such fund for the construction costs.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2016.
_______________________________________
Jeremy L. Jensen, Mayor
Attest:
_______________________________________
Nicki Stoltenberg, City Clerk Pro Tem
Grand Island Council Session - 5/24/2016 Page 117 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item J-1
Approving Payment of Claims for the Period of May 11, 2016
through May 24, 2016
The Claims for the period of May 11, 2016 through May 24, 2016 for a total amount of $5,970,952.20.
A MOTION is in order.
Staff Contact: Renae Griffiths
Grand Island Council Session - 5/24/2016 Page 118 / 119
City of Grand Island
Tuesday, May 24, 2016
Council Session
Item X-1
Strategy Session with Respect to Labor Negotiations with
Fraternal Order of Police (FOP) #24
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 5/24/2016 Page 119 / 119