12-04-2018 City Council Regular Meeting Packet
City of Grand Island
Tuesday, December 4, 2018
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, NE 68801
Grand Island Council Session - 12/4/2018 Page 1 / 197
City of Grand Island Tuesday, December 4, 2018
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 Julio Venegas, Abundant Life Christian Center, 3411
West Faidley Avenue
Pledge of Allegiance
Roll Call
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for
Future Agenda Items form located at the Information Booth. If the issue can be handled administratively
without Council action, notification will be provided. If the item is scheduled for a meeting or study
session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve
time to speak. Please come forward, state your name and address, and the Agenda topic on which you will
be speaking.
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item C-1
Recognition of Service of Councilmember Linna Dee Donaldson
Mayor Jeremy Jensen and the City Council will recognize the service of Councilmember Linna Dee
Donaldson.
Staff Contact: Mayor Jeremy Jensen
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item C-2
Recognition of Service of Councilmember Roger Steele
Mayor Jeremy Jensen and the City Council will recognize the service of Councilmember Roger Steele.
Staff Contact: Mayor Jeremy Jensen
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item C-3
Recognition of Service of Mayor Jeremy L. Jensen
Council President Vaughn Minton and the City Council will recognize the service of Mayor Jeremy
Jensen.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -1
Approving Minutes of November 20, 2018 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 20, 2018
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 November 20, 2018. Notice of the meeting was given in The Grand Island
Independent on November 14, 2018.
Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council
members were present: Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee
Donaldson, Michelle Fitzke, Vaughn Minton, and Roger Steele. Councilmembers Mitch
Nickerson and Mike Paulick were absent. The following City Officials were present: City
Administrator Marlan Ferguson, City Clerk Pro Tem Aaron Schmid, Finance Director Patrick
Brown, City Attorney Jerry Janulewicz, and Public Works Director John Collins.
INVOCATION was given by Pastor Dan Bremer, Grace Lutheran Church, 545 East Memorial
Drive followed by the PLEDGE OF ALLEGIANCE.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement - 3216 US Highway 34 - NPT Trucking,
LLC. Utilities Director Tim Luchsinger reported that a utility easement was needed at 3216 US
Highway 34 in order to have access to install, upgrade, maintain, and repair power
appurtenances, including lines and transformers. The property at 3216 US Highway 34 was part
of a new commercial development. The proposed easement would allow the Utilities Department
to install, access, operate and maintain an underground power line, transformer and related
electrical infrastructure to serve the new business at this location. Staff recommended approval.
No public testimony was heard.
Public Hearing on Acquisition of Utility Easement - 3230 US Highway 34 - Fast Track
Buildings & Construction, LLC. Utilities Director Tim Luchsinger reported that a utility
easement was needed at 3230 US Highway 34 in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The property at
3230 US Highway 34 was part of a new commercial development. The proposed easement
would allow the Utilities Department to install, access, operate and maintain an underground
power line, transformer and related electrical infrastructure to serve the new business at this
location. Staff recommended approval. No public testimony was heard.
Public Hearing on Annexation of Property Located at 2610 So. Engleman Road (Rowe Second
Subdivision). Regional Planning Director Chad Nabity reported that Gary P. Rowe and Dee
Rowe, husband and wife, as owners of the property submitted a plat of Rowe Second
Subdivision an Addition to the City of Grand Island. One residential lot would be added to the
City as a result of this annexation. This property is located north of North Lane (in Westwood
Park Mobile Home Park) and west of Engleman Road. Staff recommended approval. No public
testimony was heard.
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Page 2, City Council Regular Meeting, November 20, 2018
Public Hearing on Acquisition of Drainage Easement in Connell Industrial Park Second
Subdivision (2110 E Highway 30- Overhead Door Corp). Public Works Director John Collins
reported that acquisition of a drainage easement was needed to allow access for the construction,
operation, maintenance, extension, repair, replacement, and removal of drainage appurtenances
within the easement. This easement would aid in providing drainage for the area north of US
Highway 30. Staff recommended approval. No public testimony was heard.
RESOLUTION:
#2018-356 - Consideration of Approving the Position of Assistant City Administrator. City
Administrator Marlan Ferguson reported that over the last couple years there had been some
internal discussion concerning establishing the position of Assistant City Administrator (ACA).
Currently the positions of Assistant to the City Administrator and Public Information Officer
were vacant. The ACA could oversee the Media Relations, GITV, and Website with cooperation
from other departments. This position could also oversee the Veterans Property Phase II, transfer
of the buildings to the city. Other duties would be economic development, including working
with the utilities department as a liaison for the Mayor and City Administrator. Staff
recommended approval.
Mayor Jensen commented on succession/contingency planning. Councilmember Steele stated as
Mayor Elect he agreed with what Mayor Jensen said and that all successful organizations had
succession planning. He would like to see a seamless transition in this position. At the December
4, 2018 Council meeting He would bring forth Brent Clark to be the Assistance City
Administrator with the understanding he would be the City Administrator when Mr. Ferguson
retired.
Motion by Steele, second by Minton to approve Resolution #2018-356. Upon roll call vote, all
voted aye. Motion adopted.
ORDINANCE:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9713 - Consideration of Approving Salary Ordinance
#9714 – Consideration of Imposing an Additional One-Half Percent Sales Tax
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
#9713 - Consideration of Approving Salary Ordinance
Human Resources Director Aaron Schmid reported that the proposed salary ordinance included
two changes. The first was the addition of the Assistant City Administrator classification. The
second proposed change was a correction to the amount of medical leave payout for non-union
employees upon retirement. Staff recommended approval.
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Page 3, City Council Regular Meeting, November 20, 2018
Motion by Donaldson, second by Stelk to approve Ordinance #9713.
City Clerk Pro Tem: Ordinance #9713 on first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk Pro Tem: Ordinance #9713 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 #9713 is declared to be lawfully adopted upon publication as required by
law.
#9714 – Consideration of Imposing an Additional One-Half Percent Sales Tax
City Administrator Marlan Ferguson reported that through approval of the sales and use tax
ballot question by the City’s electorate at the November 6, 2018 general election, the City of
Grand Island is empowered to increase the local sales and use tax rate by one-half percent (½%)
to two percent (2%) with the revenue from such increased rate to be used for: (1) public
highways; (2) municipal streets, bridges, and sidewalks; (3) buildings and capital equipment used
in the operation of city government; (4) parking facilities; and (5) public safety equipment
necessary for the provision of city public safety services. This increase would terminate not more
than ten years after the effective date of the increased sales and use tax. Staff recommended
approval.
Motion by Stelk, second by Hehnke to approve Ordinance #9714.
City Clerk Pro Tem: Ordinance #9714 on first reading. All those in favor of the passage of this
ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk Pro Tem: Ordinance #9714 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 #9714 is declared to be lawfully adopted upon publication as required by
law.
#9715 - Consideration of Approving Annexation of Property Located at 2610 So.
Engleman Road (Rowe Second Subdivision) (First Reading)
Regional Planning Director Chad Nabity stated this item was related to the aforementioned
Public Hearing and was the first of three readings.
Motion by Haase, second by Minton to approve Ordinance #9715 on first reading only.
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Page 4, City Council Regular Meeting, November 20, 2018
CONSENT AGENDA: Motion by Donaldson, second by Jones to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 6, 2018 City Council Regular Meeting.
Approving Re-Appointment of Jolene Wojcik to the Grand Island Facilities Corporation.
Approving Request from Kyle Nitchals, 3755 Norseman Avenue for Liquor Manager
Designation for Sam’s Club 6461, 1510 N. Diers Avenue.
#2018-340 - Approving Final Plat and Subdivision Agreement for Front Porch Subdivision. It
was noted that Frank W. Huntley/General Partner/ The Merle Family Limited Partnership,
owner, had submitted the Final Plat and Subdivision Agreement for Front Porch Subdivision
located north of US Highway 30 and west of Willow Street, Capital Avenue and west of Webb
Road for the purpose of creating 1 lot on 0.55 acres.
#2018-341 - Approving Final Plat and Subdivision Agreement for The Village Fifth Subdivision.
It was noted that Thayer Family, LLC, owners, had submitted the Final Plat and Subdivision
Agreement for The Village Fifth Subdivision located south of Woodland Drive and west of
Ramada Road for the purpose of creating 26 lots on 9.07 acres.
#2018-342 - Approving Acquisition of Utility Easement - 3216 US Highway 34 - NPT Trucking,
LLC.
#2018-343 - Approving Acquisition of Utility Easement - 3230 US Highway 34 - Fast Track
Buildings & Construction, LLC.
#2018-344 - Approving Bid Award - City Wellfield Pump #2 Motor with Hupp Electric Motors
of Marion, Iowa in an Amount of $26,922.55.
#2018-345 - Approving Bid Award for Snow Removal Operations for Law Enforcement Center
with AMP Works-Snow of Grand Island, Nebraska for the following amounts:
<3” Snow: $ 495.00
3.1-6” Snow: $ 891.00
6.1-9” Snow: $1425.00
9.1-12” Snow: $1995.00
12”+ per “ Snow: $ 195.00
#2018-346 - Approving Lease Purchase of a Combination Sewer Cleaner Truck for the Streets
Division of the Public Works Department from Nebraska Environmental Products of Lincoln,
Nebraska and a Lease Purchase Agreement with National Cooperative Leasing of Alexandria,
Minnesota in an Amount of $342,201.90.
#2018-347 - Approving Bid Award for Four (4) Solid Rubber Loader Wheels for the Solid
Waste Division of the Public Works Department with SETCO Solid Tire of Idabel, Oklahoma in
an Amount of $25,510.00.
#2018-348 - Approving Change Order No. 3 for Sanitary Sewer Manhole Flow
Monitoring/Rehabilitation; Project No. 2018-WWTP-2 with The Diamond Engineering
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Page 5, City Council Regular Meeting, November 20, 2018
Company of Grand Island, Nebraska for an Increase of $3,050.00 and a Revised Contract
Amount of $238,505.61.
#2018-349 - Approving Acquisition of Drainage Easement in Connell Industrial Park Second
Subdivision (2110 E Highway 30- Overhead Door Corp).
#2018-350 - Approving Award of Professional Engineering Consulting Services for Broadwell
Avenue & UPRR Grade Separation Study with HDR Engineering, Inc. of Omaha, Nebraska in
an Amount not-to-exceed $226,660.00.
#2018-351 - Approving Memorandum of Understanding for Housing Study and Analysis of
Impediments with the Grand Island Area Economic Development Corporation.
#2018-352 - Approving Renewal Contract for 911 Mapping Software with GeoComm of St.
Cloud, Minnesota in an Amount of $76,217.00.
#2018-353 - Approving Purchase of New 911 Radio Consoles from Platte Valley
Communications of Grand Island, Nebraska in an Amount of $68,000.00.
#2018-332 - Approving Purchase of Emergency Call Works 911 System from Motorola
Solutions, Inc. in an Amount of $242,583.70.
REQUESTS AND REFERRALS:
Consideration of Forwarding Blighted and Substandard Study for Proposed Area #28 to the Hall
County Regional Planning Commission (Tunnel Wash I LLC). Regional Planning Director Chad
Nabity reported that Tunnel Wash I LLC had submitted this study for approximately 78.45 acres
of property in northwest Grand Island located between U.S. Highway 281 and Webb Road; and
State and 13th Streets for purposes of redevelopment. Staff recommended approval.
Matt Pricester, 2508 Timber Meadows Lane, Norfolk, Nebraska, representing Tunnel Wash I,
LLC spoke in support. Comments were made by Council about having a Study Session regarding
the use of TIF and what the City would require for future applications.
Motion by Minton, second by Steele to forward the Blighted and Substandard Study for
proposed Area #28 to the Hall County Regional Planning Commission. Upon roll call vote,
Councilmembers Steele, Minton, Fitzke, Donaldson, Jones, and Stelk voted aye.
Councilmembers Hehnke and Haase voted no. Motion adopted.
RESOLUTIONS:
#2018-354 - Consideration of Approving Resolution of Intent to Create Parking District #3 and
for the Dissolution of Parking District #1. Assistant Finance Director William Clingman reported
that Ordinance No. 5854 established the Downtown Improvement and Parking District, or
“Parking District #1” in 1975. The goal of the new Parking District #3 was to better balance
those paying into the Parking District with those who are using and/or most benefit from the
Parking District. The new district would change from an occupation tax to a special assessment.
Staff recommended approval.
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Page 6, City Council Regular Meeting, November 20, 2018
Discussion was held regarding residential properties at the Yancy that would have to pay an
assessment. City Attorney Jerry Janulewicz answered questions regarding exemptions. Regional
Planning Director Chad Nabity stated Parking District #2 included the Yancy and was a much
bigger area. Finance Director Patrick Brown stated those residents in the Yancy paying Parking
District #2 assessments could be deducted from paying Parking District #3 assessments if that
was what the Council wanted.
Motion by Steele, second by Stelk to approve Resolution #2018-354. Upon roll call vote, all
voted aye. Motion adopted.
#2018-355 - Approving Amendment No. 1 to Engineering Consulting Agreement for Old Potash
Highway Corridor Study. Public Works Director John Collins reported that on October 10, 2017
City Council approved an Engineering Services Agreement with Olsson Associates of Grand
Island, Nebraska in the amount of $249,963.26 for Old Potash Highway Corridor Study. With
the completion of the study it was now time to move forward with final engineering design for
the first phase of the overall construction project. Phase I would involve roadway and
intersection improvements along the Old Potash corridor from Webb Road on the east to the post
office on the west end. An amendment to the original agreement with Olsson, Inc. was requested
at this time, in the amount of $733,500.00 combined with the unused portion of the original
contract the revised agreement amount was $916,463.26. Staff recommended approval.
Motion by Donaldson, second by Minton to approve Resolution #2018-355. Upon roll call vote,
all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Minton, second by Fitzke to approve the payment of claims for the period of
November 7, 2018 through November 20, 2018 for a total amount of $5,364,419.67. Upon roll
call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 8:17 p.m.
Aaron Schmid
City Clerk Pro Tem
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -2
Approving Payment of Claims for the Period of November 21, 2018
through December 4, 2018
The Claims for the period of November 21, 2018 through December 4, 2018 for a total amount of
$5,312,375.53. A MOTION is in order.
Staff Contact: Patrick Brown
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -3
Acceptance of Election Certificate
State law requires the governing body to formally accept the certificate of election issued by the Hall
County Election Commissioner for the November 6, 2018 Mayor and City Council General Election. An
election certificate containing the vote totals and results is attached. A MOTION to accept the election
certificate is in order.
Staff Contact: RaNae Edwards
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -4
Comments by Outgoing Elected Official - Councilmember Linna
Dee Donaldson
This is an opportunity for comments by outgoing elected Official - Councilmember Linna Dee
Donaldson.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -5
Comments by Outgoing Elected Official - Councilmember Roger
Steele
This is an opportunity for comments by outgoing elected Official - Councilmember Roger Steele.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -6
Comments by Outgoing Elected Official - Mayor Jeremy L. Jensen
This is an opportunity for comments by outgoing elected Official - Mayor Jeremy Jensen.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -7
Recess
The meeting will be recessed momentarily to prepare for the transition to the new governing body. The
newly elected officials will remain seated in the audience until such time as they are called forward for
the Oath of Office which will be administered by the City Clerk at the podium.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -8
Administration of Oath to Newly Elected Mayor and
Councilmembers
City Clerk RaNae Edwards will administer the Oath of Office to newly Elected Mayor Roger Steele,
Councilmember's Clay Schutz - Ward 2 and Jason Conley - Ward 3 and the three returning
Councilmember's Vaughn Minton - Ward 1, Mitchell Nickerson - Ward 4, and Michelle Fitzke - Ward
5.
Staff Contact: RaNae Edwards
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -9
Seating of Newly Elected Mayor and Councilmembers followed by
Roll Call
Following the administration of the Oath of Office to Mayor Roger Steele, Councilmember's Vaughn
Minton, Clay Schutz, Jason Conley, Mitchell Nickerson, and Michelle Fitzke, seating will take place at
the City Council table.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -10
Comments by Newly Elected Officials
At this time comments will be made by the newly elected Officials.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item -11
Election of City Council President
The City Council is required to elect one Councilmember to the office of Council President. The term is
for a one-year period. The Council President automatically assumes the duties of the Mayor in the event
that the Mayor is absent or otherwise unable to fulfill his/her duties. Nebraska law allows the election of
the Council President to be by secret ballot. The total number of votes for each candidate; however, must
be stated and recorded in the Minutes. Past practice has included a run-off election between the top two
nominees, if necessary. The City Clerk will prepare, distribute, and count ballots. Nominations to fill the
vacancy are in order. A second is not required on nominations.
Staff Contact:
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City of Grand Island
Tuesday, December 4, 2018
Council Session
Item D-1
#2018-BE-9 - Consideration of Determining Benefits for Sanitary
Sewer District No. 540T; West US Highway 30 and Engleman
Road / West Park Plaza Sanitary Sewer Extension
Council action will take place under Consent Agenda item G-8.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 26 / 197
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 4, 2018
Subject:Consideration of Determining Benefits for Sanitary
Sewer District No. 540T; West US Highway 30 and
Engleman Road / West Park Plaza Sanitary Sewer
Extension
Presenter(s):John Collins PE, Public Works Director
Background
The Certificate of Final Completion for Sanitary Sewer District No. 540T; West US
Highway 30 and Engleman Road/West Park Plaza Sanitary Sewer Extension was
approved by City Council on November 6, 2018, via Resolution No. 2018-335; with
December 4, 2018 set as the date for Council to sit as the Board of Equalization. The
Diamond Engineering Company of Grand Island, Nebraska was hired to perform such
work in the amount of $783,601.66. Work was completed at a price of $771,194.18; with
additional costs of $300,651.12, all detailed below.
Original Bid $ 747,545.56
Change Order No. 1 $ 36,056.10
Overruns $ (12,407.48)
Sub Total (Construction Price) = $ 771,194.18
Additional Costs:
Public Works Engineering Services $ 14,298.79
Olsson Associates- Engineering Services $ 232,867.00
Grand Island Independent- Advertising $ 257.86
Hall County Register of Deeds- Filing $ 246.00
Troy Sidak- Easement $ 7,018.00
Mettenbrink Farms- Easement $ 3,300.00
Shafer & Hartman Farms- Easement $ 32,170.21
Daniel Garner- Easement $ 6,000.00
Gary Rowe- Easement $ 3,500.00
Glen Schwarz- Easement $ 4,000.00
L & P Investments- Easement $ 5,390.00
Northwestern Energy $ (8,396.74)
Additional Costs Total= $ 300,651.12
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Total project cost equates to $1,071,845.30, of which $707,067.31 is eligible to be used to
calculate the connection fees for properties within the district. The remaining costs are
City responsibility and are associated with the West US Highway 30 and Engleman Road
portion of this project (2017-S-3).
There are approximately 300 septic tanks within City limits with no available sanitary
sewer. This project provides sanitary sewer to twenty-five (25) additional properties.
All work has been completed and special assessments have been calculated for the
improvements.
Discussion
The costs for this project will be charged to the adjacent property, and due when a
property “taps” or connects to the sanitary sewer main. This is the standard method used
by the City to recoup costs when sanitary sewer is installed as part of a tap district. The
City has had multiple correspondences with the property owners and sent a reminder
letter advising them that the BOE is scheduled for December 4, 2018.
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 meet as the Board of Equalization to
determine benefits and pass a resolution approving such.
Sample Motion
(Sample Motion for the Board of Equalization)
Move to approve the resolution establishing benefits for Sanitary Sewer District No.
540T; West US Highway 30 and Engleman Road / West Park Plaza Sanitary Sewer
Extension.
(Sample Motion for the Resolution)
Move to approve the resolution levying the connection fees for Sanitary Sewer District
No. 540T; West US Highway 30 and Engleman Road / West Park Plaza Sanitary Sewer
Extension.
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Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-BE-9
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. 540T; West US Highway 30 and Engleman Road / West Park Plaza Sanitary Sewer
Extension, after due notice having been given thereof, that we find and adjudge:
That total project cost is $707,067.31, with benefits accruing to the real estate in
such district to be the total sum of $707,067.31; and
Such benefits are based on Sanitary Sewer District No. 540T; West US Highway
30 and Engleman Road / West Park Plaza Sanitary Sewer Extension at the adjacent property and
are equal and uniform; and
According to the area of the respective lots, tracts, and real estate within such
Sanitary Sewer District No. 540T; West US Highway 30 and Engleman Road / West Park Plaza
Sanitary Sewer Extension, such benefits are the sums set opposite the description as follows:
Parcel
No.Owner Legal Description
Tap
Connection
Fee
400201186 Shafer & Hartman Farms, LLC
An undivided one-half (1/2) interest in and to a tract of
land comprising a part of the Northwest Quarter (NW ¼)
of Section 26, Township 11 North, Range 10 West of the
6th P.M., Hall County, Nebraska and more particularly
described as follows: Beginning at the southwest corner
of said Northwest Quarter (NW ¼); thence running
easterly along the south line of said Northwest Quarter
(NW ¼) a distance of Thirty Three (33) feet; thence
running northerly and parallel to the west line of said
Northwest Quarter (NW ¼) a distance of Two Hundred
Eight and Seven Tenths (208.7) feet; thence running
easterly and parallel to the south line of said Northwest
Quarter (NW ¼) a distance of Nine Hundred Ninety
Three and Six Tenths (993.6) feet; thence running
northerly and parallel to the west line of said Northwest
Quarter (NW ¼) a distance of Sixteen and Three Tenths
(16.3) feet; thence running northeasterly and parallel with
the northerly right-of-way line of the Union Pacific
Railroad R.O.W. a distance of One Thousand Eight
Hundred Eighty Five and Six Tenths (1,885.6) feet to a
point on the east line of said Northwest Quarter (NW ¼);
thence running northerly along and upon the east line of
said Northwest Quarter (NW ¼) a distance of One
Thousand Four Hundred Ninety Seven and Four Tenths
(1,497.4) feet to the northeast corner of said Northwest
Quarter (NW ¼); thence running westerly along and upon
the north line of said Northwest Quarter (NW ¼) a
distance of One Thousand Two Hundred Eighty and
Forty Five hundredths (1,280.45) feet; thence deflecting
left 90o35’40” and running southerly a distance of Nine
Hundred Fifty Two and Three Tenths (952.3) feet; thence
deflecting right 88o47’40” and running westerly a
distance of One Thousand Three Hundred Seventy
Seven and Three Tenths (1,377.3) feet to a point on the
west line of said Northwest Quarter (NW ¼); thence
running southerly along and upon the west line of said
Northwest Quarter (NW ¼) a distance of One Thousand
Six Hundred Seventy Nine and Thirteen Hundredths
$151,671.10
Grand Island Council Session - 12/4/2018 Page 49 / 197
- 2 -
(1,679.13) feet to the point of beginning (containing
101.128 acres, more or less).
400159155
Glenn H. Schwarz
Glenn H. Schwarz Revocable
Trust Dated July 21, 2004
All that part of the Easterly Seventy Acres (70A) of North
Half of the Northeast Quarter (N ½ NE ¼) of Section 26
in Township 11 North, Range 10 West of the 6th P.M., in
Hall County, Nebraska, including Lots 17, 18 19, 20, 41,
42, 43, 44 and the Westerly One Half of Lots 16, 21, 40 &
45 of Person’s Subdivision in such North Half of the
Northeast Quarter lying north and west of the tract
conveyed to the State of Nebraska for new Highway 30
as described in Book 136 on Page 307 of Deeds, Hall
County, Nebraska, and excepting a tract of land
conveyed to Howard E. Stearns and recorded in Book
155, Page 225 of the Deed Records of Hall County,
Nebraska, also excepting a tract of land now known as
Schuele Subdivision.
$ 49,959.53
400151049 Casey’s Retail Company,
an Iowa Company
A tract of land comprising a part of the Southwest
Quarter of the Northeast Quarter of Section 26, Township
11 North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Beginning at the northwest corner of said Southwest
Quarter (SW ¼) of the Northeast Quarter, thence easterly
along the north line of said Southwest Quarter of the
Northeast Quarter, a distance of 594.34 feet, to the
northwesterly right-of-way line of the Union Pacific
Railroad Company; thence southwesterly along said
railroad right-of-way line, a distance of 693.85 feet, to the
west line of said Northeast Quarter; thence northerly
along the west line of said Northeast Quarter, a distance
of 366.54 feet to the place of beginning.
$ 13,529.16
400151073
Dustin J Mahlbach
&
Ashley M Mahlbach
A tract of land in the Southwest Quarter of the Northwest
Quarter (SW ¼ NW ¼) of Section 26, Township 11 North,
Range 10 West of the 6th P.M., Hall County, Nebraska,
more particularly described as follows: Beginning at a
point 33’ east and 113’ north of the southwest corner of
the SW ¼ NW ¼ of said Section 26, said point being the
place of beginning, running thence north a distance of 95’
on a line parallel to the west line of Section 26; thence
running east at right angles a distance of 417’ on a line
parallel to the south line of the SW ¼ NW ¼, above
described; thence running south at right angles a
distance of 95’ on a line parallel to the west line of
Section 26; thence running west at right angles a
distance of 417’ on a line parallel to the south line of the
SW ¼ NW ¼, above described to the point of beginning.
$ 4,809.52
400151065
Darrell L Johnson
&
Linda K Johnson
A tract of land situated in the Southwest Quarter of the
Northwest Quarter (SW ¼ NW ¼) of Section 26, in
Township 11 North, Range 10 West of the 6th P.M., Hall
County, Nebraska more particularly described as follows:
Beginning at a point on the east-west one-half section
line thru said Section 26, said point being 33.0 feet east
of the one-quarter section corner on the west side of said
Section 26; running thence east along and upon said
one-half section line thru said Section 26, a distance of
417.4 feet, running thence north parallel with the west
line of said Section 26, a distance of 209.7 feet, running
thence west parallel with the said one-half section line
thru said Section 26, a distance of 417.4 feet; running
south parallel with the west line of said Section 26, a
distance of 208.7 feet to the point of beginning, Hall
County, Nebraska, excepting a certain tract therefrom as
recorded in survivorship warranty deed recorded in Book
$ 5,764.43
Grand Island Council Session - 12/4/2018 Page 50 / 197
- 3 -
159, Page 127, in the Register of Deeds Office, Hall
County, Nebraska.
400151103 Gerald W Poels
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section 26, Township 11 North, Range 10
West of the 6th P.M., Hall County, Nebraska, said tract
being more particularly described as follows: With
reference to the southwest corner of said NW 1/4; thence
running S89o55’55”E for 818.48 feet to the actual point of
beginning; thence N00o09’04”W for 208.60 feet; thence
N89o51’08”W for 367.36 feet; thence S00o04’41”W for
208.68 feet; thence S89o51’56”E for 368.20 feet to the
point of beginning, the west line of said NW ¼ assumed
S00o00’00”E in direction.
and
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section Twenty Six (26), Township Eleven
(11) North, Range Ten (10) West of the 6th P.M., Hall
County, Nebraska, said tract being more particularly
described as follows: With reference to the southwest
corner of said NW ¼; thence running S89o55’55”E for
818.48 feet to the actual point of beginning; thence
S89o55’02”E for 208.68 feet; thence N00o00’27”W for
208.58 feet; thence N89o54’34”W for 209.19 feet; thence
S00o09‘04”E for 208.60 feet to the point of beginning, the
west line of said NW ¼ assumed S00o00’00”E in
direction.
$ 14,530.36
400151634
James S Reed
&
Precious A Reed
Lot One (1), Bick’s Second Subdivision to the City of
Grand Island, Hall County, Nebraska
$2,816.28
400460580 Destiny Church, Assembly of God
of Grand Island, Nebraska
Lot One (1), Bick’s Fourth Subdivision, in the City of
Grand Island, Hall County, Nebraska $6,231.73
400151642
Guillerma A DeLeon
&
Guillermo R DeLeon
Lot Two (2), Bick’s Fourth Subdivision, Grand Island, Hall
County, Nebraska $3,742.41
400151111 Leighton E Lanka Lot One (1), Lanka Green Acres Subdivision, City of
Grand Island, Hall County, Nebraska $7,866.57
400396173 Leighton E Lanka Lot Two (2), Lanka Green Acres Subdivision, City of
Grand Island, Hall County, Nebraska $3,177.48
400151057 John Sears
A tract of land comprising a part of the NW ¼ of Section
26, in Township 11 North, Range 10, West of the 6th
P.M., in Hall County, Nebraska, and described as follows:
From a point where the north right-of-way line of the
Union Pacific Railroad Company intersects the east line
of said NW ¼ of Section 26, running thence
southwesterly upon the north right-of-way line of the
Union Pacific Railroad Company for a distance of 675.00
feet, to the actual point of beginning, running thence
north parallel to the east line of said NW ¼ 225.00 feet
running thence southwesterly parallel with the north right-
of-way line of the Union Pacific Railroad Company, a
distance of 225.00 feet, running thence south parallel to
the east line of said NW ¼, 225.00 feet, to a point on the
north right-of-way line of the Union Pacific Railroad
Company, running thence northeasterly upon said north
right-of-way line of the Union Pacific Railroad Company,
a distance of 225.00 feet, to the point of beginning.
$5,396.76
400151138
Ralph L Lucas
&
Ramona L Lucas
A certain part of the Northwest Quarter (NW ¼) of
Section 26, in Township 11 North, Range 10 West of the
6th P.M., Hall County, Nebraska, more particularly
$5,382.09
Grand Island Council Session - 12/4/2018 Page 51 / 197
- 4 -
described as follows, to-wit: From a point where the
north right-of-way line of the Union Pacific Railroad
Company intersects the east line of the Northwest
Quarter (NW ¼) of Section 26, Township 11 North,
Range 10, West of the 6th P.M., running thence
southwesterly along and upon the north right-of-way line
of the Union Pacific Railroad Company, for a distance of
450.0 feet to the actual point of beginning, running
thence north parallel to the east line of said Northwest
Quarter (NW ¼) of said Section 26, 225.0 feet, running
thence southwesterly parallel to the north right-of-way
line of the Union Pacific Railroad Company, for a
distance of 225.0 feet, running thence south parallel to
the east line of the Northwest Quarter (NW ¼) of said
Section 26, 225.0 feet to a point on the north right-of-way
line of the Union Pacific Railroad Company, running
thence northeasterly along and upon the north right-of-
way line of the Union Pacific Railroad Company, a
distance of 225.0 feet to the point of beginning.
400151162 Joseph H Ewoldt
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section 26, Township 11 North, Range 10
West of the 6th P.M., in Hall County, Nebraska, more
particularly described as follows: Beginning at a point on
the northerly right-of-way line of the Union Pacific
Railroad Company, said point being Two Hundred
Twenty-Five (225.0) feet southwesterly form the
intersection of said right-of-way line with the east line of
said Northwest Quarter (NW ¼); thence northerly parallel
to said east line of the Northwest Quarter (NW ¼), a
distance of Two Hundred Twenty-Five (225.0) feet;
thence southwesterly parallel to said right-of-way line, a
distance of One Hundred Twelve and Five Tenths (112.5)
feet; thence southerly parallel to said east line of the
Northwest Quarter (NW ¼), a distance of Two Hundred
Twenty-Five (225.0) feet, to said right-of-way line; thence
northeasterly along said right-of-way line, a distance of
One Hundred Twelve and Five Tenths (112.5) feet to the
place of beginning.
$2,491.01
400151154 Linda M Clark
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section 26, Township 11 North, Range 10
West of the 6th P.M. in Hall County, Nebraska, more
particularly described as follows: beginning at a point on
the northerly right-of-way line of the Union Pacific
Railroad Company, said point being Two Hundred
Twenty Five (225.0) feet southwesterly from the
intersection of said right-of-way line with the east line of
said Northwest Quarter (NW ¼); thence northerly parallel
to said east line of the Northwest Quarter (NW ¼), a
distance of Two Hundred Twenty Five (225.0) feet;
thence southwesterly parallel to said right-of-way line,
distance of One Hundred Twelve and Five Tenths (112.5)
feet; thence southerly parallel to said east line of the
Northwest Quarter (NW ¼), a distance of Two Hundred
Twenty-Five (225.0) feet, to said right-of-way line; thence
northeasterly along said right-of-way line, a distance of
One Hundred Twelve and Five Tenths (112.5) feet to the
place of beginning.
Also known as: Lots One (1) and Two (2), C & E
Subdivision, in the City of Grand Island, Hall County,
Nebraska.
$2,886.94
400151146 Jesus Guerrero
and
Part of the Northwest Quarter (NW ¼) of Section 26,
Township 11 North, Range 10 West of the 6th P.M., Hall $5,369.89
Grand Island Council Session - 12/4/2018 Page 52 / 197
- 5 -
Diana L Rodriguez County, Nebraska, more particularly described as:
Beginning at a point where the east line of the Northwest
Quarter (NW ¼) of said Section 26, Township 11 North,
Range 10 West of the 6th P.M. intersects the north right-
of-way line of the U.P.R.R. Co. which point is Nine
Hundred Eighty Seven and One Tenth (987.1) feet north
of the southeast corner of the Northwest Quarter (NW ¼)
of said Section 26, running thence north along the east
line of the Northwest Quarter (NW ¼) of said Section 26,
Two Hundred Twenty Five (225.0) feet; running thence
westerly parallel with the north right-of-way of the
U.P.R.R. Co. Two Hundred Twenty Five (225.0) feet;
running thence south parallel to the east line of the said
Northwest Quarter (NW ¼) of said Section 26 Two
Hundred Twenty Five (225.0) feet to a point on the north
right-of-way of the U.P.R.R. CO., thence easterly along
the north right-of-way line of the U.P.R.R. Co., Two
Hundred Twenty Five (225.0) feet to the actual point.
400378205 L & P Investments, LLC Lot One (1), Elder Fourth Subdivision, in the City of
Grand Island, Hall County, Nebraska $23,167.36
400378221 L & P Investments, LLC Lot Two (2), Elder Fourth Subdivision, in the City of
Grand Island, Hall County, Nebraska.$12,339.04
400459906 H & H Self Storage, LLC
A tract of land comprising a part of the East Half of the
Northeast Quarter of Section Twenty-Seven (27),
Township Eleven (11) North, Range Ten (10), West of
the 6th P.M., Hall County, Nebraska, more particularly
described as follows: Beginning at a point on the south
line of the said Northeast Quarter, said point being 660.0
feet west of the southeast corner of said Northeast
Quarter; thence westerly along the south line of said
Northeast Quarter, a distance of 662.62 feet to the
southwest corner of said East Half of the Northeast
Quarter, thence northerly along the west line of said East
Half of the Northeast Quarter, a distance of 1,319.92 feet;
thence deflecting right 88o22’50” and running easterly, a
distance of 660.3 feet; thence deflecting right 91o30’23”
and running southerly, a distance of 1,334.4 feet to the
place of beginning.
$89,778.50
400201267 Gary P Rowe
A tract of land comprising a part of the East Half of the
Northeast Quarter (E ½ NE ¼) of Section 27, Township
11 North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Beginning at the southeast corner of said Northeast
Quarter (NE ¼); thence westerly along the south line of
said Northeast Quarter (NE ¼) a distance of Six Hundred
Sixty (660.0) feet; thence northerly parallel to the east
line of said Northeast Quarter (NE 1/4) a distance of Two
Thousand One and Fifty-Six Hundredths (2,001.56) feet;
thence easterly along a line Six Hundred Sixty (660.0)
feet south of and parallel to the north line of said
Northeast Quarter (NE ¼) a distance of Three Hundred
Thirty (330.0) feet; thence southerly along a line Three
Hundred Thirty (330.0) feet west of and parallel to the
east line of said Northeast Quarter (NE ¼) a distance of
One Thousand Five Hundred Eight-Seven and Thirty
Five Hundredths (1,587.35) feet; thence deflecting left
90o10’30” and running easterly a distance of Three
Hundred Thirty (330.0) feet, to the east line of said
Northeast Quarter (NE ¼); thence southerly along the
east line of said Northeast Quarter (NE ¼) a distance of
Four Hundred Twenty and Thirty Five Hundredths
(420.35) feet to the place of beginning, excepting Lots
$25,411.99
Grand Island Council Session - 12/4/2018 Page 53 / 197
- 6 -
One (1) and Two (2) in Rowe Subdivision, Hall County,
Nebraska.
400201240
Lonnie J Nunnenkamp aka
Lonny J Nunnenkamp
and
Carla Grabau-Nunnenkamp;
Lonnie J Nunnenkamp Revocable
Trust
and
Carla D Grabau-Nunnenkamp
Revocable Trust
A tract of land located in the East Half (E ½) of the
Northeast Quarter (NE ¼) of Section 27, Township 11
North, Range 10 West of the 6th P.M., Hall County,
Nebraska, more particularly described as follows:
Commencing at a point on the east line of the Northeast
Quarter (NE ¼) of Section 27, said point being 1,553.60
feet south of the northeast corner of Section 27; thence
southerly a distance of 701.25 feet; thence west a
distance of 330.0 feet; thence north a distance of 701.25
feet; thence east a distance of 330.0 feet to the place of
beginning.
$24,570.28
400201267 Gary P Rowe
A tract of land comprising a part of the East Half of the
Northeast Quarter (E ½ NE ¼) of Section 27, Township
11 North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Beginning at the southeast corner of said Northeast
Quarter (NE ¼); thence westerly along the south line of
said Northeast Quarter (NE ¼) a distance of Six Hundred
Sixty (660.0) feet; thence northerly parallel to the east
line of said Northeast Quarter (NE ¼) a distance of Two
Thousand One and Fifty Six Hundredths (2,001.56) feet;
thence easterly along a line Six Hundred Sixty (660.0)
feet south of and parallel to the north line of said
Northeast Quarter (NE ¼) a distance of Three Hundred
Thirty (330.0) feet; thence southerly along a line Three
Hundred Thirty (330.0) feet west of and parallel to the
east line of said Northeast Quarter (NE ¼) a distance of
One Thousand Five Hundred Eighty-Seven and Thirty
Five Hundredths (1,587.35) feet; thence deflective left
90o10’30” and running easterly a distance of Three
Hundred Thirty (330.0) feet, to the east line of said
Northeast Quarter (NE ¼); thence southerly along the
east line of said Northeast Quarter (NE ¼) a distance of
Four Hundred Twenty and Thirty Five Hundredths
(420.35) feet to the place of beginning, excepting Lots
One (1) and Two (2) in Rowe Subdivision, Hall County,
Nebraska.
$14,398.19
400204118 Daniel R Garner Lot Two (2), in Rowe Subdivision, Hall County, Nebraska.$7,731.83
400204096 Daniel R Garner Lot One (1), in Rowe Subdivision, Hall County, Nebraska.$4,904.15
400151294 Ascentia
A tract of land comprising a part of the Southeast Quarter
(SE ¼) of Section 27, Township 11 North, Range 10
West of the 6th P.M., in Hall County, Nebraska, more
particularly described as follows: Beginning at the
northeast corner of the Southeast Quarter (SE ¼) of said
Section 27; thence southerly along the east line of said
Section 27, a distance of Six Hundred Twenty Five and
Ninety Three Hundredths (625.93) feet, to the northerly
right-of-way line of the Union Pacific Railroad; thence
southwesterly along said right-of-way line, a distance of
Nine Hundred Sixty One and Twenty Four Hundredths
(961.24) feet; thence northwesterly perpendicular to said
right-of-way line, a distance of Six Hundred Three and
Sixty Five Hundredths (603.65) feet; thence northerly
parallel to the east line of said Section 27 a distance of
Sixty Nine and Eighty Five Hundredths (69.85) feet;
thence running westerly a distance of Fifteen Hundred
Ten and Ninety Five Hundredths (1,510.95) feet to a
point on the west line of said Southeast Quarter (SE ¼),
$219,140.71
Grand Island Council Session - 12/4/2018 Page 54 / 197
- 7 -
said point being Sixteen Hundred Eighty Seven and
Twenty Six Hundredths (1,687.26) feet North of said
U.P.R.R. right-of-way line; thence northerly along said
west line of said Southeast Quarter (SE ¼) a distance of
Five Hundred Thirty One (531.0) feet, to the northwest
corner of said Southeast Quarter (SE ¼) thence easterly
along the north line of said Southeast Quarter (SE ¼) a
distance of Two Thousand Six Hundred Forty Five and
Ninety Five Hundredths (2,645.95) feet to the place of
beginning.
$707,067.31
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, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 55 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item E-1
Public Hearing on Acquisition of Utility Easement in Section 26-11-
10; Northeast Corner of Husker Highway & Engleman Road
(Indianhead Golf Club, LLC)
Council action will take place under Consent Agenda item G-6.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 56 / 197
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:November 20, 2018
Subject:Public Hearing on Acquisition of Utility Easement in
Section 26-11-10; Northeast Corner of Husker Highway
& Engleman Road (Indianhead Golf Club, LLC)
Presenter(s):John Collins PE, Public Works Director
Background
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
be conducted with the acquisition approved by the City Council. The easement will aid in
providing utilities to the area north of Husker Highway and east of Engleman Road.
Discussion
The easement will allow access for the construction, operation, maintenance, extension,
repair, replacement, and removal of utility appurtenances within the easement. The new
easement will be a total of twenty (20) feet wide on the east end of the property, as shown
on the attached drawing.
Property owner is dedicating such easement to the City, with no cost involved.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the utility easement in Section 26, Township 11, Range 10.
Sample Motion
Move to approve the acquisition of the utility easement.
Grand Island Council Session - 12/4/2018 Page 57 / 197
2014-0734PROJECT NO:
DRAWN BY:
03/05/2015DATE:
JAS
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetHUSKER HIGHWAY
UTILITY EASEMENTS 9R
P.O.B.
Grand Island Council Session - 12/4/2018 Page 58 / 197
AUGUSTA PARKWAYBELFRY BOULEVARD
INDIANHEAD ROADHUSKER HIGHWAYSECTION 26, TOWNSHIP 11 NORTH, RANGE 10 WESTGRAND ISLAND, NEBRASKAPERMANENT UTILITY EASEMENT EXHIBITGrand IslandCouncil Session - 12/4/2018Page 59 / 197
PLEASE RETURN TO:
CATRINA DELOSH
PUBLIC WORKS DEPT
PO BOX 1968
GRAND ISLAND, NE 68802-1968
UTILITY EASEMENT
INDIANHEAD GOLF CLUB, LLC, OWNER herein called the Grantor, in consideration
of ONE & 00/100 DOLLARS ($1.00) and other consideration, receipt of which is hereby
acknowledged, hereby grant and convey unto the
CITY OF GRAND ISLAND, NEBRASKA,
a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a
permanent and perpetual easement to construct, operate, maintain, extend, repair, replace, and
remove public utilities, including but not limited to surface markers, and other appurtenances,
upon, over, along, across, in, underneath and through tracts of land in part of the Southwest
Quarter (SW ¼) of Section Twenty-Six (26), Township Eleven (11) North, Range Ten (10) West
of the 6th P.M., Hall County, Nebraska, and more particularly described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 26-T11N-R10W; THENCE
ON AN ASSUMED BEARING OF N89o39’31”E, A DISTANCE OF 1124.38 FEET TO A
POINT ON THE CENTERLINE OF HUSKER HIGHWAY; THENCE N00o20’29”W A
DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
HUSKER HIGHWAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
N00o33’56”W A DISTANCE OF 373.82 FEET; THENCE N89o37’30”E A DISTANCE OF
75.83 FEET; THENCE N00o19’03”W A DISTANCE OF 179.80 FEET; THENCE N89o39’50”E
A DISTANCE OF 60.68 FEET TO A POINT ON THE WEST LINE OF FAIRWAY
CROSSINGS AT INDIANHEAD CLUB 1ST SUBDIVISION; THENCE S00o00’06”E, ALONG
SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE S89o39’50”W A DISTANCE OF
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
Grand Island Council Session - 12/4/2018 Page 60 / 197
2 | Page
Utility Easement– Indianhead Golf Club, LLC
Section 26-11-10
40.70 FEET; THENCE S00o19’02”E A DISTANCE OF 179.82 FEET; THENCE S89o37’30”W
A DISTANCE OF 75.74 FEET; THENCE S00o33’56”E A DISTANCE OF 353.82 FEET TO A
POINT ON THE NORTH R.O.W. LINE OF HUSKER HIGHWAY; THENCE S89o39’31”W,
ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS A CALCULATED
AREA OF 13,770 SQUARE FEET OR 0.32 ACRES MORE OR LESS.
Together with the following rights, namely, unrestricted ingress and egress under, over,
and across such land for the purpose of exercising the rights herein granted, to excavate and refill
ditches and trenches, and the right to clear and keep clear of structures that might interfere with
the location, trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of
such tracts interfering with the location, construction, inspection, repair, replacement, removal,
and maintenance of utilities. Any such utility and appurtenances placed upon, over, and under
such tracts of land shall remain the property of the Grantee and may be removed or replaced at
any time.
The Grantors, for themselves, their heirs, executors, administrators, successors, and
assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted
within the easement area and that the easement herein granted shall run with the title to such tract
of land and be binding upon the Grantors, their successors and assigns.
DATED: ________________, 2018
GRANTOR:
BY__________________________________
DESIGNATED REPRESENTATIVE
PRINTED NAME_____________________________
TITLE___________________________
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On this day of ________________, 2018 before me, the undersigned, a Notary Public in and for
said County and State, personally appeared ________________________________,
___________________________, to me known to be the identical persons who signed the foregoing Public Utility
Easement and acknowledge the execution thereof to be their voluntary act and deed as such officer on behalf of said
company for the purpose therein expressed.
WITNESS my hand and Notarial Seal the date above written.
Grand Island Council Session - 12/4/2018 Page 61 / 197
3 | Page
Utility Easement– Indianhead Golf Club, LLC
Section 26-11-10
_______________________________________
Notary Public
Grand Island Council Session - 12/4/2018 Page 62 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item F-1
#9714 - Consideration of Approving Annexation of Property
Located at 2610 So. Engleman Road (Rowe Second Subdivision)
(Second Reading)
Staff Contact: Chad Nabity
Grand Island Council Session - 12/4/2018 Page 63 / 197
Council Agenda Memo
From:Regional Planning Commission
Meeting:December 4, 2018
Subject:An Ordinance to include Rowe Second Subdivision as an
Addition to the City of Grand Island, Nebraska and the
adjoining right-of -way
Presenter(s):Chad Nabity, AICP Planning Director
Background
The Annexation Component of the Grand Island Comprehensive Development Plan as
adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand
Island that any and all property subdivided adjacent to the Corporate Limits of the City of
Grand Island be annexed into the City at the time of subdivision approval.
Gary P. Rowe and Dee Rowe, husband and wife, as owners of the property submitted a
plat of Rowe Second Subdivision an Addition to the City of Grand Island. The Hall
County Regional Planning Commission recommended approval of the subdivision at
their meeting on November 7, 2018.
Discussion
Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised
Statute §16-117. Annexation ordinances must be read on three separate occasions. This is
the first reading of the ordinance. This ordinance includes exhibits showing the property
to be considered for annexation and the legal descriptions of that property.
Annexation of this property will not result in the extension of the Grand Island Zoning
Jurisdiction.
One residential lot would be added to the City as a result of this annexation. This
property is located north of North Lane (in Westwood Park Mobile Home Park) and west
of Engleman Road.
Grand Island Council Session - 12/4/2018 Page 64 / 197
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass the annexation ordinance.
Sample Motion
Move to approve the annexation ordinance on first reading.
Grand Island Council Session - 12/4/2018 Page 65 / 197
Developer/Owner
Gary P. & Dee Rowe
Grand Island Council Session - 12/4/2018 Page 66 / 197
2550 S. Engleman Road
Grand Island, NE 68803
To create 1 lot west of Engleman Road and north of U.S. Highway 30 adjacent to Grand Island,
Nebraska.
Size: 1 lot 3.1922 acres
Zoning: LLR Large Lot Residential
Road Access: Engleman Road is a City Street 24’ Asphalt
Water Public: City water is available.
Sewer Public: City sewer is available.
Grand Island Council Session - 12/4/2018 Page 67 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
ORDINANCE NO. 9715
An ordinance to extend the boundaries and include within the corporate limits of,
and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Rowe Second
Subdivision and all adjoining right-of-way in Hall County, Nebraska as more particularly
described hereinafter and as shown on the subdivision plat and more particularly described in
Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or
resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form;
and to provide the effective date of this ordinance.
WHEREAS, after Gary P. Rowe and Dee Rowe, husband and wife, as owner of the
property submitted a plat of Rowe Second Subdivision an Addition to the City of Grand Island
for approval; and
WHEREAS, the Annexation Component of the Comprehensive Development
Plan for the City of Grand Island requires that owners of property proposed for subdivision
adjacent to the Corporate Limits submit such subdivisions as additions to the City; and
* This Space Reserved For Register of Deeds *
Grand Island Council Session - 12/4/2018 Page 68 / 197
ORDINANCE NO. 9715 (Cont.)
- 2 -
WHEREAS, according to NRSS §16-177 the City of Grand Island can upon
petition of the property owner(s) of property contiguous and adjacent to the City Limits annex
said property by ordinance; and
WHEREAS, on November 20, 2018 the City Council of the City of Grand Island
held a public hearing on such annexation and approved such annexation on first reading and on
December 4, 2018 approved such annexation on second reading and on December 18, 2018
approved such annexation on third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. It is hereby found and determined that:
(A) The above-described tracts of land are urban or suburban in character, and
that the subject properties are contiguous or adjacent to the corporate limits of said City.
(B) The subject lands will receive the material benefits and advantages currently
provided to land within the City's corporate limits including, but not limited to police, fire,
emergency services, street maintenance, and utilities services upon annexation to the City of
Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or
will be made available, as provided by law.
(C) The various zoning classifications of the land shown on the Official Zoning
Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does
not extend the extraterritorial zoning jurisdiction.
(D) There is unity of interest in the use of the said tract of land, lots, tracts,
highways and streets (lands) with the use of land in the City, and the community convenience
Grand Island Council Session - 12/4/2018 Page 69 / 197
ORDINANCE NO. 9715 (Cont.)
- 3 -
and welfare and in the interests of the said City will be enhanced through incorporating the
subject land within the corporate limits of the City of Grand Island.
SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are
hereby extended to include within the corporate limits of the said City the contiguous and
adjacent tract of land located within the boundaries described above.
SECTION 3. The subject tract of land is hereby annexed to the City of Grand
Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject
to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and
territory included within the City of Grand Island, Nebraska.
SECTION 4. The owners of the land so brought within the corporate limits of the
City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys,
easements, and public rights-of-way that are presently platted and laid out in and through said
real estate in conformity with and continuous with the streets, alleys, easements and public
rights-of-way of the City.
SECTION 5. That a certified copy of this Ordinance shall be recorded in the
office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land.
SECTION 6. Upon taking effect of this Ordinance, the services of said City shall
be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for
Extension of City Services adopted herein.
SECTION 7. That all ordinances and resolutions or parts thereof in conflict
herewith are hereby repealed.
SECTION 8. This ordinance shall be in full force and effect from and after its
passage, approval and publication, in pamphlet form, as provided by law.
Grand Island Council Session - 12/4/2018 Page 70 / 197
ORDINANCE NO. 9715 (Cont.)
- 4 -
Enacted: December 18, 2018.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 71 / 197
ORDINANCE NO. 9715 (Cont.)
- 5 -
Exhibit A
LEGAL DESCRIPTION
A tract of land comprising a part of the East Half of the Northeast Quarter (E1/2 NE1/4) of
Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows
including all adjacent right of way adjacent to and extending there from:
First to ascertain the point of beginning, start at the southeast corner of said East Half of the
Northeast Quarter (E1/2 NE1/4); thence N00°09'46"E, along and upon the east line of said East
Half of the Northeast Quarter (E1/2 NE1/4), a distance of Three Hundred Ninety and Ninety
Eight Hundredths (390.98) feet to the ACTUAL point of beginning; thence S89°59'41"W, a
distance of Six Hundred Fifty Nine and Sixty Two Hundredths (659.62) feet; thence
S00°12'31"W, a distance of Three Hundred Ninety One and Seventy Six Hundredths (391.76)
feet to a point on the south line said East Half of the Northeast Quarter (E1/2 NE1/4); thence
N89°55'40"E, along and upon the south line of said East Half of the Northeast Quarter (E1/2
NE1/4), a distance of Three Hundred Twenty Nine and Ninety Seven Hundredths (329.97) feet
to the southwest corner of Lot One (1), Rowe Subdivision in the City of Grand Island, Hall
County, Nebraska; thence N00°11'12"E, along and upon the west line of Lots One (1) and Two
(2), of said Rowe Subdivision, a distance of Three Hundred Sixty One and Forty Nine
Hundredths (361.49) feet to the northwest corner of Lot Two (2), of said Rowe Subdivision;
thence S89°59'04"E, along and upon the north line of Lot Two (2), of said Rowe Subdivision and
it's easterly prolongation, a distance of Three Hundred Twenty Nine and Eighty Two Hundredths
(329.82) feet to a point on the east line of said East Half of the Northeast Quarter (E1/2 NE1/4);
thence N00°09'46"E, along and upon the east line of said East Half of the Northeast Quarter
(E1/2 NE1/4), a distance of Thirty (30.00) feet to a the ACTUAL point of beginning and
containing 3.192 acres, more or less.
Grand Island Council Session - 12/4/2018 Page 72 / 197
ORDINANCE NO. 9715 (Cont.)
- 6 -
Grand Island Council Session - 12/4/2018 Page 73 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-1
#2018-357 - Approving Surety Bonds for Mayor and City
Councilmembers
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/4/2018 Page 74 / 197
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:December 4, 2018
Subject:Bonds for Elected Officials
Presenter(s):RaNae Edwards, City Clerk
Background
Grand Island City Code Chapter 2-23 specifies as follows:
Bonds for Elected Officials:
Before entering upon the duties of their office, the following named
elective officers of the city are hereby required to give bonds and security
as provided by law for the faithful performance of their duties, which
bonds shall be approved by the city council and shall be given for the
following sums:
Mayor $20,000
City Council Member $ 1,000
Discussion
The City Clerk has contacted Mueller Insurance Agency, Inc. of Grand Island, Nebraska who has
supplied the bonds for newly elected Mayor Roger G. Steele, Councilmembers Clay Schutz and
Jason Conley. See attached.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the bonds
2.Refer the issue to a Committee
3.Take no action on the issue
Grand Island Council Session - 12/4/2018 Page 75 / 197
Recommendation
City Administration recommends that the Council approve the elected officials bonds.
Sample Motion
Move to approve the newly elected officials bonds for Mayor Roger G. Steele, Councilmembers
Clay Schutz and Jason Conley.
Grand Island Council Session - 12/4/2018 Page 76 / 197
Grand Island Council Session - 12/4/2018 Page 77 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-357
WHEREAS, Grand Island City Code Chapter 2-23 requires bonds and security for
the Mayor and City Councilmembers before entering upon the duties of their office; and
WHEREAS, the bonds and security as provided by law are for the faithful
performance of their duties; and
WHEREAS, these bonds shall be approved by the city council in the amount of
$20,000 for the Mayor and $1,000 for each Councilmember; and
WHEREAS, Mueller Insurance Agency, Inc. of Grand Island, Nebraska has
supplied the bonds and security for newly elected Mayor Roger G. Steele, Councilmembers Clay
Schutz and Jason Conley.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bonds and surety for newly elected
Mayor Roger G. Steele, and Councilmembers Clay Schutz and Jason Conley are hereby
approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 78 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-2
#2018-358 - Approving Outage Management System between the
City of Grand Island Utilities Department and Open Systems
International, Inc.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 12/4/2018 Page 79 / 197
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Assistant City Attorney
Meeting:December 4, 2018
Subject:Outage Management System
Presenter(s):Tim Luchsinger, Utilities Director
Background
The Grand Island Utilities Department is tasked with providing a reliable power supply to
the City. One major component of that mission is fast response to outages when they
occur. Today’s technology allows for a variety of methods to receive outage information.
These methods include online outage reporting, calls into the outage call center and meter
outage notices received through the Advanced Metering Infrastructure (AMI) system.
Currently, a manual process is used to determine what component within the system is
causing an outage. With the aid of an Outage Management System (OMS), this process
can be automated with the system automatically determining the most logical cause of an
outage. In addition, an OMS can provide a variety of other resources including an online
outage map for customers, mobile technology for service crews and switching
simulations to help avoid human errors.
Discussion
A Request for Proposal was advertised in accordance with City procurement
requirements. Specifications were sent to four regional providers. Proposals were
publicly opened at 4:00 p.m. on October 18, 2018.
Two proposals were received; from Milsoft Utility Solutions, Inc., and Open Systems
International, Inc. (OSI). Both proposals were evaluated by department staff. OSI was
evaluated as the better option based upon their ability to meet the requirements listed in
the Request for Proposal. The contract is for three years with the following pricing:
Initial Setup Fee:$50,500.00
Monthly Fee:$ 3,392.00
Grand Island Council Session - 12/4/2018 Page 80 / 197
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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the contract for Outage
Management System from Open Systems International, Inc., of Medina, Minnesota.
Sample Motion
Move to approve the contract for Outage Management System from Open Systems
International, Inc.
Grand Island Council Session - 12/4/2018 Page 81 / 197
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
OUTAGE MANAGEMENT SYSTEM
RFP DUE DATE:October 18, 2018 at 4:00 p.m.
DEPARTMENT:Utilities
PUBLICATION DATE:September 24, 2018
NO. POTENTIAL BIDDERS:4
SUMMARY OF PROPOSALS RECEIVED
Milsoft Utility Solutions, Inc.Open Systems International, Inc.
Abilene, TX Medina, MN
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Marlan Ferguson, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Travis Burdett, Deputy Utilities Director
Christy Leshner, Utilities Secretary
P2071
Grand Island Council Session - 12/4/2018 Page 82 / 197
Hosted Solution E-SCADA Services Contract
between
Open Systems International, Inc.
and
City of Grand Island d/b/a Grand Island
Utilities Department
<Date>
Grand Island Council Session - 12/4/2018 Page 83 / 197
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HOSTED SOLUTION E-SCADA SERVICES CONTRACT
STANDARD TERMS AND CONDITIONS
Effective Date:
Customer Name, Entity Type and Address: City of Grand Island d/b/a Grand Island Utilities
Department with offices at 700 E. Bischeld Street, Grand Island, Nebraska 68801 (“Customer” or
“You”/”Your”)
This Services Contract (“Contract”) is by and between Open Systems International, Inc. ("OSI")
and Customer. OSI and Customer agree as follows:
1. OSI provides a web-based hosted Applications services known as e-scada.com to its
subscribers, including You. By becoming a subscriber of OSI’s e-scada.com service (the
"Service"), You agree to be bound by this Contract (the "Contract"). This Contract is
subject to change by OSI at any time, and changes are effective upon notice to each
subscriber.
2. OSI currently offers two levels of memberships for Hosting: a “View Only, Monitoring”
Membership and a “Monitor and Device Control” Membership. Both Memberships consist
of communication services to the Host, alarming services, reporting services and web
access.
3. You are responsible to pay any agreed upon startup fees and periodic monthly
subscription fees according to OSI’s then-current billing terms as per the Scope of
Services. Subscription fees are non-refundable and are pre-billed quarterly. Unless and
until this Contract is cancelled in accordance with the terms hereof, You authorize OSI to
bill You for Your ongoing cost of membership. You shall transmit payment to OSI
accounting within 15 days of Your receipt of OSI’s invoice.
4. Subscription to the Service may be terminated at any time, and without cause, by either
OSI or You upon 30 day written notice which may be provided electronically or by
conventional mail. If You request termination, subscription fees (if any) are not refunded
to You and You are liable for all charges incurred until termination of Service.
5. OSI will use commercially reasonable efforts to make the Services available to You.
However, OSI shall have no responsibility if: (a) access is unavailable due to security
settings and policies; (b) access is sought during a planned downtime for which You have
been provided 24 hours advance notice; (c) unavailability is caused by circumstances
beyond OSI’s reasonable control, including without limitation, down time of network
service providers, downtime of external 3rd party data providers, acts of God, acts of
government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, or other labor
problems, or internet failures or delays. OSI will use its best endeavors to minimize any
disruption and resume the Service in the fastest time possible.
6. OSI takes no responsibility for any fines, sanctions, claims or actions that result from
incidents that occur on sites monitored by You under this Contract or any other entity in
relations to Service provided under this Contract.
7. OSI reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that OSI will not be liable to You or to any third party for any such modification,
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suspension or discontinuance of the Service. Planned service disruptions will be
communicated ahead of time to you.
8. Operational Limits. OSI’s providing of Service to You is subject to the availability and the
operational limitations of the requisite equipment and associated facilities. You agree and
understand that temporary interruptions of the Service may occur as normal events in the
providing of the Service and that OSI is not responsible for these interruptions. You
further understand and agree that OSI has no control over third party networks You may
access in the course of Your use of the Service and therefore delays and disruptions of
other network transmissions are beyond the control of OSI. OSI shall use its best efforts
to fulfill this Contract, but should network or commercial limitations prevent OSI from such
fulfillment, You shall not have any claim against OSI for damages, whether actual,
consequential, reliance or otherwise.
9. You are responsible for providing all computer and communications equipment
necessary to gain access to the Service, all communications equipment and hardware to
connect Your computers and plants to the Internet. Access to and use of the Service is
through a combination of an ID and a password. You are responsible to maintain the
security and integrity of passwords to access the Service. For security reasons, OSI will
not release passwords for any reason, except as may be specifically required by law or
court order. Unauthorized access to the Service is a breach of this Contract and a
violation of law.
10. You are fully responsible for all charges associated with Your equipment and all dealings
with Your telecommunications provider to establish a link to our hosted solution. You
shall be responsible to monitor the reliability of communications between the remote site
and the hosted solution.
11. You shall not (a) make the Services available to anyone other than Your own authorized
users; (b) sell, resell, rent or lease the Services; (c) use the Services or the information
obtained there to provide Software services to third-party entities whose assets are not
owned by You as part of a facility management, timesharing, service provider, or service
bureau arrangement or otherwise in direct competition with OSI; (d) use the Services to
store or transmit malicious code or information; (e) interfere with or disrupt the integrity or
performance of the Services; or (f) attempt to gain unauthorized access to the Services or
their systems or networks. Breaches of this clause may cause termination of Your access
to Services.
12. You agree not to disclose any proprietary or confidential information (Confidential
Information), as designated or marked by OSI or any information provider to OSI, to any
third party or use this Confidential Information for any purpose independent of the efforts
and purposes intended under this Contract. You shall not use any Confidential
Information to the detriment of OSI or the applicable information provider and shall use
efforts to protect the confidentiality of any such Confidential Information commensurate
with those which You employ to protect Your own Confidential Information. You will
ensure that You enter into agreements with Your employees, consultants, agents,
shareholders and any other who have or may obtain access to the Confidential
Information, to maintain such Confidential Information in confidence.
In the event You receive a subpoena or other validly issued administrative or judicial
process demanding production of Confidential Information previously provided by OSI,
You shall promptly notify OSI of this fact and tender the defense of or opposition to this
subpoena or demand to OSI. If the subpoena or demand is not timely limited, quashed or
extended, You shall thereafter be entitled to comply with such subpoena or demand to
Grand Island Council Session - 12/4/2018 Page 85 / 197
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the extent required by law. If requested by OSI after the tender of defense or opposition
is accepted, You shall cooperate in the defense or opposition at the expense of the OSI.
13. In the event You receive any Software or other tangible products from OSI as part of the
Service, or to enable You to use the Service, You shall not (a) make copies of the
Software or tangible products except as necessary for Your use of the Service or for
archival purposes; (b) distribute the Software or tangible products to third parties; or (c)
disassemble, decompile, reverse-engineer or otherwise reduce the Software or tangible
products to human-perceivable form in whole or in part, including but not limited to
translating or creating derivative works, or to bypass any licensing restrictions.
OSI represents that it is the owner of the Software You may receive or use, if any, and all
portions thereof or has appropriate sublicensing rights.
14. Your Subscription may not be assigned or transferred to any other person or entity.
15. No warranty is made by OSI regarding any information, services, or products provided
through or in connection with the Service and all Services are provided “AS IS”. OSI
expressly disclaims any and all warranties, including without limitation: 1) any warranties
as to the availability, accuracy, or content of information, products or services; 2) any
warranties of merchantability or fitness for a particular purpose; any warranties of non-
infringement.
16. OSI is not liable for damages resulting from disseminating, failing to disseminate, or
incorrectly or inaccurately disseminating any Materials, data, advertisement or other
communication at or through the site. The entire risk as to the quality and performance of
the Services provided by OSI is borne by You. Should the Materials or any other service
provided by OSI prove defective and/or cause any damage to Your computer or
inconvenience to You, You, and not OSI, assume the entire cost and all damages which
may result from any and all such defects. This disclaimer is essential to this Contract.
17. Under no circumstances and under no cause of action or legal theory, shall OSI be liable
for any indirect, special, incidental, or consequential damages of any character including,
without limitation, damages for loss of goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages, personal injury, death or property
damage resulting from any use of the Services. Any liability of OSI, including without
limitation any failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of records, whether for breach of contract,
tortious behavior, negligence, or under any other cause or action, shall be strictly limited
to the amount of membership fee You paid for the preceding 12 months.
18. If OSI should at any time provide any service which enables subscribers to communicate
with or otherwise share information with other subscribers, You agree not to submit,
publish, display, disseminate, or otherwise communicate any defamatory, inaccurate,
abusive, threatening, offensive, or illegal material using the Services or the system which
provides the Services. Transmission of such material, or any material that violates any
national, federal, state, or local law, including but not limited to copyright law, is strictly
prohibited and shall constitute a material breach of this Contract entitling OSI to
immediately terminate all rights to the Services or access to the site. You are solely
responsible for all information which You submit, publish, display, disseminate or
otherwise communicate through the site even if a claim should arise after termination of
Services.
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19. OSI will use certain third-party software in the performance of its Services and therefore
You agree that OSI’s performance will be subject to the license terms and conditions of
those third-party software vendors.
20. If You have purchased a Monitor and Device Control Membership You will have the
ability to control Your power system equipment. Unless otherwise agreed in writing, You
and OSI agree that the Service provided herein does not qualify as a North American
Electric Reliability Corporation (NERC) Critical Cyber infrastructure and OSI will not be
subject to any regulation by NERC or the Federal Energy Regulatory Commission
(FERC) under the NERC CIP (Critical Infrastructure Protection) standards. Should You
be classified as a NERC entity with critical power system assets, Your use of the Service
shall be at Your own risk with all consequences directed at Your organization. You agree
to hold OSI harmless of any and all misuses of the Service in this regard.
21. This Contract contains the entire Contract between You and OSI regarding Your use of
the Services. This Contract supersedes all prior written and oral understandings, writings,
and representations and may only be amended upon notice by OSI. Unless otherwise
explicitly stated, the provisions of this Contract shall survive its termination.
22. The Contract shall be governed pursuant to the laws of the State of Nebraska and the
United States of America.
23. Sections 11, 12, 13 and 17 shall survive termination of this Contract for any reason.
Customer herby requests OSI’s provision of the Services above to be provided upon the Terms
and Condition stated herein.
OPEN SYSTEMS INTERNATIONAL, INC. CITY OF GRAND ISLAND D/B/A GRAND
ISLAND UTILITIES DEPARTMENT
BY:
BY:
(Signature) (Signature)
NAME:
NAME:
TITLE:
TITLE:
DATE:
DATE:
Grand Island Council Session - 12/4/2018 Page 87 / 197
SCOPE OF SERVICES
Grand Island Council Session - 12/4/2018 Page 88 / 197
PRICE FORMS
Grand Island Council Session - 12/4/2018 Page 89 / 197
PRICE FORMS
Item
No.Description Price
1 Initial Setup Fee $32,500
Installation, testing, interface development and training (one week of
onsite training at City of Grand Island)
2 Monthly Hosting Services Subscription Cost $2,567
Selected Options
1 Block of Four (4) Additional Concurrent Web User Licenses
Adjustment to Monthly Hosting Services Subscription Cost $250
2 Spectra DPF Distribution Power Flow
Adjustment to Initial Setup Fee $10,000
Adjustment to Monthly Hosting Services Subscription Cost $350
3 Customer Outage Map and Outage Reporting Interface
Adjustment to Initial Setup Fee $8,000
Adjustment to Monthly Hosting Services Subscription Cost $225
Terms and Conditions
1.Prices are in US Dollars and do not include Sales or usage taxes.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
The Monthly Hosting Services Subscription Cost includes Support and Helpdesk for up
to 6 incidents per month. Additional incidents will be billed on a T&M basis.
The implementation assumes GIUD will provide a complete network model including
connectivity and electrical characteristics.
Project Schedule is approximately 9 - 10 months from contract signing.
Prices exclude shipping costs. Applicable shipping costs will be added to invoices.
Payment terms for the Setup Fee are as follows:
The monthly subscription hosting fees will be billed on a quarterly basis at the
beginning of each quarter.
Pricing requires a three (3) year commitment from customer. The monthly subscription
cost is fixed for the first three (3) years.
User Training as quoted includes training on site at the Grand Island Utilities
Department's facilities.
a. 50% Upon Receipt of Order
b. 50% System Ready
Monthly subscription cost beyond Year 4 will be subject to a 4% increase or CPI,
whichever is greater.
Travel is not included and will be billed at cost.
Open Systems International, Inc. 1 Confidential
Grand Island Utilities Department
Grand Island Council Session - 12/4/2018 Page 90 / 197
LIST OF DELIVERABLES
Grand Island Council Session - 12/4/2018 Page 91 / 197
LIST OF DELIVERABLES
Item Qty
1 Spectra eMAP (Distribution System Analysis and Planning) License A*
(Distribution Topology Processing)
2 Electra OMS (Outage Management System) License A*
(Including Contact Management, Outage Analysis, Work Management, Outage
Information, Customer Outage Map, Customer Outage Reporting)
(Up to 26,000 meters) (Up to 8 Concurrent Web Users)
3 OpenView GUI/MMI Client License (Per Console) 2
4 Advanced Tabular Viewer (Per Console)2
5 Advanced Tabular Builder (Per Maintenance Console)1
6a Data Explorer Server License B*
6b Data Explorer Client License (Per Maintenance Console)1
7 OpenGIS (Geographical Information System) License A*
(Milsoft GIS Interface)
8 Spectra DPF (Distribution Power Flow) License
9 A*
L&G AMI
Wonderware SCADA
NPPD Trouble Tickets
Generic Web Service API to support other interfaces
Notes
*
B is defined as server licenses for the proposed Maintenance Console
A is defined as server licenses for the proposed redundant Production system and Maintenance Console
OSI Software
Description
OMS Interface Licenses
Open Systems International, Inc. 1 Confidential
Grand Island Utilities Department
Grand Island Council Session - 12/4/2018 Page 92 / 197
SYSTEM CONFIGURATION DIAGRAM
Grand Island Council Session - 12/4/2018 Page 93 / 197
External SystemsGIS, AMI, SCADA, etc.Remote UsersOutage Data WarehouseFirewall (1)GIUD Hosted OMS System Configuration Revision: 1.2 GIUD_SysCnfg_1.2_101118.vsdConfidentialInternetDMZ ANote:Most servers can be Windows or Linux based on preference.Hosted OMS and Interface Servers (2)Windows Server OSHosted ServicesLocated at GIUD100/1000BaseT Ethernet LANNIC TeamedVirtual Switch (1)Virtual Firewall Gateway (1)Grand IslandCouncil Session - 12/4/2018Page 94 / 197
PROPOSAL REQUIREMENTS
Grand Island Council Session - 12/4/2018 Page 95 / 197
PROPOSAL REQUIREMENTS
Open Systems International, Inc. 4-2 Confidential
Grand Island Utilities Department
PROPOSAL REQUIREMENTS
Please find OSI’s response to the proposal requirements section below:
1) Milsoft Windmil modeling software (V. 8.6.6.9782)
OSI’s GIS interface product will facilitate this integration.
2) Landis & Gyr AMI system – currently 4600 meters out of a total of 26000 meters. We anticipate
being fully deployed within the next 5 years.
OSI assumes MultiSpeak will be used for this integration.
3) NPPD call center trouble ticket software capable of exporting tickets via ftp site. GIUD
contracts with NPPD for outage call answering services.
OSI assumes tickets can be provided in a csv/xml file format for this integration.
4) Wonderware InTouch SCADA system with fiber optic backbone to all substations.
OSI assumes OPC, ICCP, or MultiSpeak will be used for this integration.
The proposal shall address pricing information and the ability to provide the following capabilities:
1) Utilizing the existing Windmil model, the OMS shall import outage information from the above
listed sources and display them on an interactive map that can determine the most logical
cause of an outage.
A standard GIS interface product is provided for the import of the network model and
geographic maps from the corporate GIS. The interface supports the import of the full
network model including all device information, connectivity information, as well as
non-electrical data such as land base data, poles, etc. The GIS interface operates in a
full import mode as well as an “incremental update” mode. The incremental update
mode runs on a regular basis such as daily or weekly.
2) Provide an online outage reporting system that uses the same database as the NPPD call
center for a consistent outage addressing system.
Electra OMS includes a native web based user interface for Call Management (Customer
Service Representatives), Crew Dispatch (local and remote dispatchers) and Outage
Reporting users (to view current and historical reports and dashboards) that can be
accessed from multiple locations (e.g. outside of the control room) via standard web
browsers. In addition, OSI’s OMS supports an Outage Data Warehouse export that can
export all outage data to an RDBMS provided by GIUD (e.g. PostgreSQL, Oracle,
MSSQL). Optionally the outage data warehouse can be located on the hosted servers
in a PostgreSQL RDBMS to be used for outage reporting.
Grand Island Council Session - 12/4/2018 Page 96 / 197
PROPOSAL REQUIREMENTS
Open Systems International, Inc. 4-3 Confidential
Grand Island Utilities Department
3) Allow for virtual operating of field switches to configure the OMS to match field conditions.
This can be done in multiple ways, the system can rely on the integration to the SCADA
system to receive device updates as well as allowing switches to be manually toggled
by a dispatcher.
4) Generate an online outage map for use by our customers.
The OSI solution has the ability to create an online outage map for customer use.
5) Produce social media posts about current outages.
The OSI solution supports APIs to provide outage information to a GIUD selected social
media application. This includes "triggers" that can be configured to run based on
certain events (e.g. priority customer outaged, or affected customers > 100). The
proposed solution would use standard web service APIs to integrate to a GIUD customer
notification system.
6) Simulate switching operations prior to performing them in the field to confirm correct
procedures resulting in no outages.
The OSI solution provides a function to simulate the switching operation in a
study/what-if analysis mode with the topology processing application running in that
study scenario. The user is then presented with the results of the analysis so they can
know the impact of the operation before they perform it.
Grand Island Council Session - 12/4/2018 Page 97 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-358
WHEREAS, the City of Grand Island invited proposals for an Outage
Management System, according to plans and specifications on file with the Utilities Department;
and
WHEREAS, on October 18, 2018, proposals were received, opened and reviewed;
and
WHEREAS, Open Systems International, Inc., of Medina, Minnesota, submitted a
three-year contract proposal in accordance with the terms of the advertisement of plans and
specifications and all other statutory requirements contained therein, such quote being an Initial
Set-up Fee of $50,500.00, and a monthly fee of $3,392.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Open Systems
International, Inc., for the Outage Management System, is hereby approved, and the Mayor is
authorized to sign the contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 98 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-3
#2018-359 - Approving Update of the Designated Depositories List
Staff Contact: Patrick Brown, Finance Director
Grand Island Council Session - 12/4/2018 Page 99 / 197
Council Agenda Memo
From:Patrick Brown, Finance Director
Meeting:December 4, 2018
Subject:Approving Designated Depositories and City Treasurer
Authorizations
Presenter(s):Patrick Brown, Finance Director
Background
The last update of this document occurred in September of 2015. It is now necessary to
update the comprehensive list of depositories to add one institution to the approved list.
Discussion
The document adds Pinnacle Bank, D.A. Davidson Co. and BOK Financial Corp. to the
list. The list as included in the Resolution is comprehensive. The change is included in
paragraph number 1 of the resolution; there were no changes to any of the remaining
paragraphs.
Pinnacle Bank is being added as they will soon be opening a branch in within Grand
Island and have expressed interest on bidding on our CD placements. The addition of
D.A. Davidson Co. is for the Police and Firefighter fund assets. The addition of BOK
Financial Corp. is because they act as a trustee for several of the bonds for the City.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the Resolution as presented.
2.Postpone the issue to a future meeting.
3.Take no action.
Recommendation
City Administration recommends that the Council approve the changes to the depository
institutions.
Sample Motion
Move to approve the designated depositories.
Grand Island Council Session - 12/4/2018 Page 100 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-359
WHEREAS, in Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at
all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of
approved and responsible standing all money collected, received or held by him/her as city treasurer;
and
WHEREAS, in Section 16-713, R.R.S.1943, the city treasurer may purchase certificates
of deposit from and make time deposits in banks or capital stock financial institutions selected as
depositories of city funds; and
WHEREAS, in Section 16-714, R.R.S. 1943, for the security of the fund so deposited,
the city treasurer shall require each depository to give bond for the safekeeping and payment of such
deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor.
WHEREAS, in Section 16-715, R.R.S. 1943, In lieu of the bond required by section
16-714, any bank, capital stock financial institution, or qualifying mutual financial institution
making application to become a depository may give security as provided in the Public Funds
Deposit Security Act to the city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that
1.Wells Fargo Bank, N.A.; Wells Fargo Securities, LLC; Great Western Bank;
US Bank; Union Bank and Trust Co.; Nebraska Public Agency Investment
Trust (NPAIT); Smith Hayes Financial Services Corporation; ICMA
Retirement Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.;
Home Federal/Grand Island; The Equitable Building and Loan Association;
First National Bank of Omaha; Five Points; Bank of New York Mellon;
Cornerstone Bank; Exchange Bank; Bank of the West; Heritage Bank; D.A.
Davidson and Co.; BOK Financial Corp.; and Pinnacle Bank be and hereby
are, designated and approved as depositories for all money collected, received
or held by the City of Grand Island, Nebraska.
2.The Finance Director or his/her designee, in his/her official capacity of the
office, is directed and authorized to deposit such funds in said banks and
capital stock financial institutions.
3.This authorization shall include the deposits of public funds in the hands of
the Finance Director or his/her designee belonging to the City of Grand
Island, Nebraska; the Tri-City Task Force; and the Grand Island
Community Redevelopment Authority (CRA).
Grand Island Council Session - 12/4/2018 Page 101 / 197
- 2 -
4.The Finance Director or his/her designee is hereby authorized to
purchase certificates of deposit, treasury notes, treasury bills, treasury bond
and or strips from the above named banks and capital stock financial
institutions selected as depositories.
5.The Finance Director or his/her designee is hereby authorized by the mayor
to require the depositories designated by this resolution to give security
for the safekeeping and payment of City deposits and the accretion thereof,
such security to be in the form and amounts as required by Nebraska statute
and the Public Funds Deposit Security Act.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 102 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-4
#2018-360 - Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Transportation for Calendar
Year 2019
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 103 / 197
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:December 4, 2018
Subject:Approving Maintenance Agreement No. 12 Renewal
with the Nebraska Department of Transportation for
Calendar Year 2019
Presenter(s):John Collins PE, Public Works Director
Background
Each year the City and the Nebraska Department of Transportation enter into an
agreement for the maintenance of Highways within the City Limits. The agreement for
2019 has been prepared. The content and scope of the agreement is the same as that of
previous years.
The certification that calendar year 2018 work was performed by the City will be
presented at the January 8, 2019 City Council meeting.
Discussion
The maintenance responsibilities by statute are detailed in Exhibit A of the agreement.
Calculations for payments are detailed in Exhibit B. Surface maintenance and snow
removal responsibilities from an operational efficiency stand point are detailed in Exhibit
C. The net result of this exchange of services for 2019 will be a payment to the City of
$46,921.90.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council pass a resolution approving
Maintenance Agreement No. 12 for calendar year 2019.
Sample Motion
Move to approve Maintenance Agreement No. 12 for calendar year 2019.
Grand Island Council Session - 12/4/2018 Page 104 / 197
Grand Island Council Session - 12/4/2018 Page 105 / 197
Grand Island Council Session - 12/4/2018 Page 106 / 197
Grand Island Council Session - 12/4/2018 Page 107 / 197
Grand Island Council Session - 12/4/2018 Page 108 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-360
WHEREAS, on December 22, 1992, the City of Grand Island approved and entered into
Maintenance Agreement No. 12 with the State of Nebraska Department of Transportation with
respect to the maintenance of state highways within the corporate limits of Grand Island; and
WHEREAS, this agreement requires annual renewal by both parties thereto; and
WHEREAS, it is in the best interest of the City of Grand Island to approve Maintenance
Agreement No. 12 to be effective January 1, 2019.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Maintenance Agreement No. 12 between
the City and the State of Nebraska Department of Transportation for the term January 1, 2019
through December 31, 2019 is hereby approved; and 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, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 109 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-5
#2018-361 - Approving Award of Snow Removal Operations-
Downtown Parking Lots
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 110 / 197
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 4, 2018
Subject:Approving Award of Snow Removal Operations-
Downtown Parking Lots
Presenter(s):John Collins PE, Public Works Director
Background
A Request for Proposals (RFP) for snow removal operations for City owned downtown
parking lots was advertised in the Grand Island Independent on November 7, 2018. The
RFP was also sent to fourteen (14) potential firms by the Engineering Division of the
Public Works Department.
Discussion
One (1) submittal was opened on November 21, 2018, reviewed and evaluated.
Using the evaluation criteria set out in the Request for Proposals the submittal from AMP
Works of Grand Island, Nebraska was scored as the highest ranking firm. Snow removal
will be paid at an established rate, on an accumulation basis per lot, with a minimum
amount of $10,000.00 for FY 2018/20/19. Such contract will also include hauling snow
from the downtown lot areas as needed, and deicing applications should they be
necessary.
For the past five (5) years snow removal in the City owned downtown parking lots has
averaged $14,847.72 per year.
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 - 12/4/2018 Page 111 / 197
Recommendation
City Administration recommends that the Council approve the award of Snow Removal
Operations- Downtown Parking Lots to AMP Works of Grand Island, Nebraska.
Sample Motion
Move to approve the award of the proposal.
Grand Island Council Session - 12/4/2018 Page 112 / 197
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
SNOW REMOVAL OPERATIONS – DOWNTOWN PARKING LOTS
RFP DUE DATE:November 21, 2018 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:November 7, 2018
NO. POTENTIAL BIDDERS:14
SUMMARY OF PROPOSALS RECEIVED
AMP Works
Grand Island, NE
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Marlan Ferguson, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2085
Grand Island Council Session - 12/4/2018 Page 113 / 197
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this day of , 2018, by
and between AMP Works , hereinafter called the Contractor and the CITY OF GRAND ISLAND,
NEBRASKA, hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared
and an advertisement calling for proposals to be published, for furnishing equipment and labor for
snow removal operations; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and
canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest
responsive proposer complying with Chapter 73, Revised Statutes of Nebraska, and has duly
awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s
proposal, a copy thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the
mutual agreements herein contained, the parties to these presents have agreed and hereby agree,
the City for itself and its successors, and the Contractor for itself, or themselves, and its, theirs, or
their successors, as follows:
ARTICLE I. That the contractor shall (a) furnish all tools equipment, superintendence, transportation,
and other construction accessories, services and facilities; (b) furnish, as agent for the City, all
materials, supplies and equipment specified and required to be incorporated in and form a permanent
part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial
and workmanlike manner and in accordance with the requirements, stipulations, provisions, and
conditions of the contract documents as listed in the attached Specifications Form, said documents
forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute,
construct and complete all work included in and covered by the City’s official award of this contract to
the said Contractor, such award being based on the acceptance by the City of the Contractor’s
proposal;
ARTICLE II. In consideration of the Contractor performing the provisions of this contract, the City
agrees to pay for labor and equipment as follows:
Parking Lot 1- Walnut Street and South Front Street (north side)
<3”= $270.00 per occurrence
3.1- 6”= $490.00 per occurrence
6.1- 9”= $875.00 per occurrence
9.1-12”= $980.00 per occurrence
>12”+= $135.00 per inch per occurrence
Parking Lot 2- Walnut Street and South Front Street (south side)
<3”= $540.00 per occurrence
3.1- 6”= $975.00 per occurrence
6.1- 9”= $1,760.00 per occurrence
9.1-12”= $1,995.00 per occurrence
>12”+= $225.00 per inch per occurrence
Parking Lot 3- Locust Street and South Front Street
<3”= $115.00 per occurrence
3.1- 6”= $200.00 per occurrence
6.1- 9”= $365.00 per occurrence
9.1-12”= $415.00 per occurrence
>12”+= $65.00 per inch per occurrence
Grand Island Council Session - 12/4/2018 Page 114 / 197
2 | Page
Snow Removal Operations- Downtown Parking Lots
Contract Agreement
Parking Lot 4- Pine Street and South Front Street
<3”= $115.00 per occurrence
3.1- 6”= $200.00 per occurrence
6.1- 9”= $365.00 per occurrence
9.1-12”= $415.00 per occurrence
>12”+= $65.00 per inch per occurrence
Parking Lot 5- Pine Street and 3rd Street
<3”= $200.00 per occurrence
3.1- 6”= $370.00 per occurrence
6.1- 9”= $665.00 per occurrence
9.1-12”= $750.00 per occurrence
>12”+= $100.00 per inch per occurrence
Parking Lot 6- Walnut Street and 2nd Street
<3”= $200.00 per occurrence
3.1- 6”= $370.00 per occurrence
6.1- 9”= $664.00 per occurrence
9.1-12”= $750.00 per occurrence
>12”+= $100.00 per inch per occurrence
Parking Lot 7- Locust Street and 1st Street (Equitable Parking Lot- only haul snow from ramp)
$250.00 per hour for large loader (>3 yd)
$150.00 per hour for small loader (<3 yd)
$140.00 per hour for heavy spec truck, cart and tractor or equivalent equipment
*equipment preference will be at the discretion of the contractor and billed accordingly
Parking Lot 8- Walnut Street and 1st Street
<3”= $455.00 per occurrence
3.1- 6”= $830.00 per occurrence
6.1- 9”= $1,490.00 per occurrence
9.1-12”= $1,675.00 per occurrence
>12”+= $200.00 per inch per occurrence
Parking Lot 9- Wheeler Avenue and 1st Street
<3”= $133.00 per occurrence
3.1- 6”= $245.00 per occurrence
6.1- 9”= $435.00 per occurrence
9.1-12”= $490.00 per occurrence
>12”+= $80.00 per inch per occurrence
Snow accumulation amount shall be based on the record kept by the National Weather Service and
measured by the amount received at the Central Nebraska Regional Airport.
Deicing agent to be applied at the rate of $.70 per pound, one application shall be standard with each
snow removal occurrence. Additional applications shall be at the discretion of the Public Works Director.
Contract minimum charge of $10,000.00 shall apply.
Payments thereof to be made in cash or its equivalent in the manner provided in the General
Specifications.
Grand Island Council Session - 12/4/2018 Page 115 / 197
3 | Page
Snow Removal Operations- Downtown Parking Lots
Contract Agreement
ARTICLE III. There will be no need for materials or supplies to be incorporated into this particular
work for the City.
ARTICLE IV. The term of this agreement shall be from the date of the last party signing the contract to
September 30, 2019. The City will have the option to renew the agreement on an annual basis for a
five (5) year period, at which time proposals will be solicited. The agreement shall be automatically
extended in one year increments upon the same terms and conditions unless terminated by service of
notice of termination by either party on or before July 31st of any year this agreement continues in full
force and effect.
ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the
execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees
to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the
Unemployment Compensation Fund of the State of Nebraska.
ARTICLE VI. During the performance of this contract, the Contractor and all subcontractors agree not
to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex,
national origin, age or disability and to comply at all times with all applicable state and federal civil
rights acts and executive orders of the President of the United States.
ARTICLE VII. Every public contractor and their subcontractors who are awarded a contract by the
City for the physical performance of services within the State of Nebraska shall register with and use a
federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
ARTICLE VIII. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and
ending on the following September 30th. It is understood and agreed that any portion of this agreement
which will be performed in a future fiscal year is contingent upon the City Council adopting budget
statements and appropriations sufficient to fund such performance.
ARTICLE IX. City Code states that it is unethical for any person to offer, give or agree to give any City
employee or former City employee, or for any City employee or former City employee to solicit,
demand, accept, or agree to accept from another person, a gratuity or an offer of employment in
connection with any decision, approval, disapproval, recommendation, or preparation of any part of a
program requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in
any proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to any program requirement or a contract or subcontract, or to any
solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of
employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or
higher tier subcontractor or any person associated therewith, as an inducement for the award of a
subcontract or order.
ARTICLE X. The City reserves the right to terminate this contract at any time upon sixty (60) days
notice. If the contract is terminated, the contractor will be compensated for any services rendered to
date of termination.
ARTICLE XI. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not
discriminate against any employee or applicant for employment because of age, race, color, religious
creed, ancestry, handicap, gender or political affiliation.
ARTICLE XII. LB 403: Every public contractor and their subcontractors who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall
register with and use a federal immigration verification system to determine the work eligibility status
of new employees physically performing services within the State of Nebraska.
Grand Island Council Session - 12/4/2018 Page 116 / 197
4 | Page
Snow Removal Operations- Downtown Parking Lots
Contract Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date
and year first above written.
AMP WORKS
By ____________________________________Date ______________________
Title ___________________________________
CITY OF GRAND ISLAND, NEBRASKA
By ______________________________________Date ______________________
Mayor
Attest ____________________________________
City Clerk
The contract is in due form according to law and hereby approved.
___________________________________________Date ______________________
Attorney for the City
Grand Island Council Session - 12/4/2018 Page 117 / 197
5 | Page
Snow Removal Operations- Downtown Parking Lots
Contract Agreement
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1)Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall not
discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subcontractors, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section
21.5 of the Regulations, including employment practices when the agreement covers a program set forth in
Appendix B of the Regulations.
(3)Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subagreement, including procurements of materials or leases of equipment, each potential
subcontractors or supplier shall be notified by the consultant of the consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin,
sex, age, and disability/handicap.
(4)Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.)cancellation, termination or suspension of the agreement, in whole or in part.
(6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subagreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subagreement or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance:
Provided, however, that, in the event a consultant becomes involved in, or is threatened with, litigation with a
subcontractor or supplier as a result of such direction, the consultant may request the City of Grand Island to
enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the consultant may
request the United States to enter into such litigation to protect the interests of the United States.
Grand Island Council Session - 12/4/2018 Page 118 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-361
WHEREAS, the City Of Grand Island invited submittals for Snow Removal
Operations- Downtown Parking Lots, according to the Request For Proposals (RFP) on file with
the Engineering Division of the Public Works Department; and
WHEREAS, on November 21, 2018 submittals were received, reviewed, and
evaluated in accordance with established criteria in the RFP; and
WHEREAS, AMP Works, of Grand Island, Nebraska submitted qualifications 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 an established rate, on an
accumulation basis per lot, with a minimum amount of $10,000.00 for FY 2018/20/19.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the submittal from AMP Works of
Grand Island, Nebraska for Snow Removal Operations- Downtown Parking Lots 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, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 119 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-6
#2018-362 - Approving Acquisition of Utility Easement in Section
26-11-10; Northeast Corner of Husker Highway & Engleman Road
(Indianhead Golf Club, LLC)
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 120 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-362
WHEREAS, a utility easement is being dedicated by the property owner of a
parcel located in Section 26-11-10 to the City of Grand Island, Hall County, Nebraska and more
particularly described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 26-T11N-R10W; THENCE
ON AN ASSUMED BEARING OF N89o39’31”E, A DISTANCE OF 1124.38 FEET TO A
POINT ON THE CENTERLINE OF HUSKER HIGHWAY; THENCE N00o20’29”W A
DISTANCE OF 40.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
HUSKER HIGHWAY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
N00o33’56”W A DISTANCE OF 373.82 FEET; THENCE N89o37’30”E A DISTANCE OF
75.83 FEET; THENCE N00o19’03”W A DISTANCE OF 179.80 FEET; THENCE N89o39’50”E
A DISTANCE OF 60.68 FEET TO A POINT ON THE WEST LINE OF FAIRWAY
CROSSINGS AT INDIANHEAD CLUB 1ST SUBDIVISION; THENCE S00o00’06”E, ALONG
SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE S89o39’50”W A DISTANCE OF
40.70 FEET; THENCE S00o19’02”E A DISTANCE OF 179.82 FEET; THENCE S89o37’30”W
A DISTANCE OF 75.74 FEET; THENCE S00o33’56”E A DISTANCE OF 353.82 FEET TO A
POINT ON THE NORTH R.O.W. LINE OF HUSKER HIGHWAY; THENCE S89o39’31”W,
ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS A CALCULATED
AREA OF 13,770 SQUARE FEET OR 0.32 ACRES MORE OR LESS.
WHEREAS, an agreement for the easement has been reviewed and approved by
the City Legal Department; and
WHEREAS, there is no cost involved in the acquisition of such easement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the utility easement on the above described
tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 121 / 197
2014-0734PROJECT NO:
DRAWN BY:
03/05/2015DATE:
JAS
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetHUSKER HIGHWAY
UTILITY EASEMENTS 9R
P.O.B.
Grand Island Council Session - 12/4/2018 Page 122 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-7
#2018-363 - Approving Temporary Construction Easement in
Section 26-11-10; Northeast Corner of Husker Highway &
Engleman Road (Indianhead Golf Club, LLC)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 123 / 197
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 4, 2018
Subject:Approving Temporary Construction Easement in Section
26-11-10; Northeast Corner of Husker Highway &
Engleman Road (Indianhead Golf Club, LLC)
Presenter(s):John Collins PE, Public Works Director
Background
A Temporary Construction easement is needed to accommodate the construction activities
of an eight (8) inch sanitary sewer main in a southerly direction from the lift station serving
Fairway Crossings at Indianhead Golf Club First Subdivision to Husker Highway, which
must be approved by City Council.
A sketch is attached to show the temporary construction easement areas.
Discussion
A temporary construction easement is needed from one (1) property owner for an eight
(8) inch sanitary sewer main to be built in a southerly direction from the lift station
serving Fairway Crossings at Indianhead Golf Club First Subdivision to Husker
Highway.
Property owner is dedicating such easement to the City, with no cost involved.
Property Owner Legal Description
Indianhead Golf Club, LLC
Commencing at the southwest corner of Section 26-
T11N-R10W; thence on an assumed bearing of
N89o39’31”E, along the centerline of Husker Highway a
distance of 1104.38 feet; thence N00o20’29”W a distance
of 40.00 feet to a point on the north right-of-way line of
Husker Highway, said point also being the point of
beginning; thence N00o33’56”W a distance of 393.79 feet;
thence N89o37’30”E a distance of 75.92 feet; thence
N00o19’02”W a distance of 179.87 feet; thence
N89o38’32”E a distance of 80.85 feet to a point on the
west line of Fairway Crossings at Indianhead Club 1st
Subdivision; thence S00o00’06”E, along said west line a
distance of 20.00 feet; thence S89o39’50”W a distance of
60.70 feet; thence S00o19’03”E a distance of 179.80 feet;
thence S89o37’30”W a distance of 75.83 feet; thence
S00o33’56”E a distance of 373.82 feet to a point on the
north ROW line of Husker Highway; thence S89o39’31”W,
Grand Island Council Session - 12/4/2018 Page 124 / 197
along said north ROW line of Husker Highway, a distance
of 20.00 feet to the point of beginning. Said temporary
utility easement contains a calculated area of 14,207
square feet or 0.33 acres more or less.
and
Commencing at the southwest corner of Section 26-
T11N-R10W; thence on an assumed bearing of
N89o39’31”E, along the centerline of Husker Highway a
distance of 1144.38 feet; thence N00o20’29”W a distance
of 40.00 feet to a point on the north right-of-way line of
Husker Highway, said point also begin the point of
beginning; thence N00o33’56”W a distance of 353.82 feet;
thence N89o37’30”E a distance of 75.74 feet; thence
N00o19’03”W a distance of 179.82 feet; thence
N89o39’50”E a distance of 40.70 feet to a point on the
west line of Fairway Crossings at Indianhead Club 1st
Subdivision; thence S00o00’06”E, along said west line a
distance of 20.00 feet; thence S89o38’47”W a distance of
20.60 feet; thence S00o19’02”E a distance of 179.79 feet;
thence S89o37’42”W a distance of 75.65 feet; thence
S00o33’54”E a distance of 333.83 feet to a point on the
north ROW line of Husker Highway; thence S89o39’31”W,
along said north ROW Line of Husker Highway, a
distance of 20.00 feet to the point of beginning. Said
temporary utility easement contains a calculated area of
12,600 square feet or 0.29 acres more or less.
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 Temporary Construction
Easements between the City of Grand Island and the affected property owner for
construction of an eight (8) inch sanitary sewer main in a southerly direction from the lift
station serving Fairway Crossings at Indianhead Golf Club First Subdivision to Husker
Highway.
Sample Motion
Move to approve the temporary construction easements.
Grand Island Council Session - 12/4/2018 Page 125 / 197
AGREEMENT FOR TEMPORARY CONSTRUCTION OCCUPANCY
Agreement made and entered into by and between the CITY OF GRAND ISLAND, a municipal
corporation of the State of Nebraska, herein referred to as “City”, and INDIANHEAD GOLF CLUB, LLC,
herein referred to as “Owner”, whether one or more.
Recitals
WHEREAS, the City intends to construct an eight (8) inch sanitary sewer main in a southerly
direction from the lift station serving Fairway Crossings at Indianhead Golf Club First Subdivision to Husker
Highway, on or adjacent to property owned by Owner; and
WHEREAS, it may be necessary for the City, its officers, agents, employees, contractors,
subcontractors, and authorized representatives to temporarily enter upon, travel over, excavate, clear,
backfill, store materials upon, and otherwise use the lands herein described which are owned by Owner
during the aforementioned construction project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained within this
agreement, the parties agree as follows:
Section One
Right of Entry
Owner hereby grants to the City, its officers, agents, employees, contractors, subcontractors, and
authorized representatives the right to enter upon the following described real estate located in part of the
Southwest Quarter (SW ¼) of Section Twenty-Six (26), Township Eleven (11) North, Range Ten (10) West
of the 6th P.M., Hall County, Nebraska, and more particularly described as follows:
Commencing at the southwest corner of Section 26-T11N-R10W; thence on an assumed bearing of
N89o39’31”E, along the centerline of Husker Highway a distance of 1104.38 feet; thence
N00o20’29”W a distance of 40.00 feet to a point on the north right-of-way line of Husker Highway,
said point also being the point of beginning; thence N00o33’56”W a distance of 393.79 feet; thence
N89o37’30”E a distance of 75.92 feet; thence N00o19’02”W a distance of 179.87 feet; thence
N89o38’32”E a distance of 80.85 feet to a point on the west line of Fairway Crossings at Indianhead
Club 1st Subdivision; thence S00o00’06”E, along said west line a distance of 20.00 feet; thence
S89o39’50”W a distance of 60.70 feet; thence S00o19’03”E a distance of 179.80 feet; thence
S89o37’30”W a distance of 75.83 feet; thence S00o33’56”E a distance of 373.82 feet to a point on
the north ROW line of Husker Highway; thence S89o39’31”W, along said north ROW line of Husker
Highway, a distance of 20.00 feet to the point of beginning. Said temporary utility easement
contains a calculated area of 14,207 square feet or 0.33 acres more or less.
and
Commencing at the southwest corner of Section 26-T11N-R10W; thence on an assumed bearing of
N89o39’31”E, along the centerline of Husker Highway a distance of 1144.38 feet; thence
N00o20’29”W a distance of 40.00 feet to a point on the north right-of-way line of Husker Highway,
said point also begin the point of beginning; thence N00o33’56”W a distance of 353.82 feet; thence
N89o37’30”E a distance of 75.74 feet; thence N00o19’03”W a distance of 179.82 feet; thence
N89o39’50”E a distance of 40.70 feet to a point on the west line of Fairway Crossings at Indianhead
Club 1st Subdivision; thence S00o00’06”E, along said west line a distance of 20.00 feet; thence
S89o38’47”W a distance of 20.60 feet; thence S00o19’02”E a distance of 179.79 feet; thence
S89o37’42”W a distance of 75.65 feet; thence S00o33’54”E a distance of 333.83 feet to a point on
the north ROW line of Husker Highway; thence S89o39’31”W, along said north ROW Line of Husker
Highway, a distance of 20.00 feet to the point of beginning. Said temporary utility easement
contains a calculated area of 12,600 square feet or 0.29 acres more or less.
to do such work as may be necessary or appropriate for the construction of an eight (8) inch sanitary sewer
main in a southerly direction from the lift station serving Fairway Crossings at Indianhead Golf Club First
Subdivision to Husker Highway and related facilities adjacent to such property. Such right of entry shall
include, but not be limited to the right to enter upon, travel over, excavate, clear fences, drives, irrigation
lines and other improvements, backfill, store materials upon, and otherwise use the above described
premises.
Grand Island Council Session - 12/4/2018 Page 126 / 197
2 | Page
Temporary Easement – Indianhead Golf Club, LLC
Fairway Crossings at Indianhead Golf First Subdivision
Section Two
Term of Agreement
The premises may be occupied and used by the City for the purposes related hereto during the
period beginning the date construction work starts on an eight (8) inch sanitary sewer main in a southerly
direction from the lift station serving Fairway Crossings at Indianhead Golf Club First Subdivision to Husker
Highway and continuing until the construction work is completed.
Section Three
Compensation
There shall be no compensation for use of the areas described in Section One.
Section Four
Remarks
The City shall restore the premises to grade prior to the termination of this agreement.
Section Five
Assignment
It is understood that the rights of the owner do not automatically transfer upon sale or lease of the
property. The City agrees to permit assignment of the rights and obligations of Owner to a subsequent
buyer or tenant, provided Owner obtains the City’s prior written consent which City shall not unreasonably
withhold.
DATED: ________________, 2018
Indianhead Golf Club, LLC
BY______________________________________Title________________________________
Printed Name____________________________
DATED:_____________________, 2018
CITY OF GRAND ISLAND, NEBRASKA
A Municipal Corporation
BY_________________________________
Roger G. Steele, Mayor
Attest:______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 127 / 197
2014-0734PROJECT NO:
DRAWN BY:
03/05/2015DATE:
JAS
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetHUSKER HIGHWAY
UTILITY EASEMENTS 9AR
P.O.B.
Grand Island Council Session - 12/4/2018 Page 128 / 197
2014-0734PROJECT NO:
DRAWN BY:
03/05/2015DATE:
JAS
EXHIBIT
FAX 308.384.8752
TEL 308.384.8750
Grand Island, NE 68802-1072
P.O. Box 1072
201 East 2nd StreetHUSKER HIGHWAY
UTILITY EASEMENTS 9BR
P.O.B.
Grand Island Council Session - 12/4/2018 Page 129 / 197
AUGUSTA PARKWAYBELFRY BOULEVARD
INDIANHEAD ROADHUSKER HIGHWAYSECTION 26, TOWNSHIP 11 NORTH, RANGE 10 WESTGRAND ISLAND, NEBRASKATEMPORARY UTILITY EASEMENT EXHIBITGrand IslandCouncil Session - 12/4/2018Page 130 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-363
WHEREAS, a temporary construction easement is required by the City of Grand
Island, from an affected property owner to construct an eight (8) inch sanitary sewer main in a
southerly direction from the lift station serving Fairway Crossings at Indianhead Golf Club First
Subdivision to Husker Highway:
Indian Head Golf Club, LLC –
T11N-R10W; thence on an assumed bearing of N89o39’31”E, along the centerline of Husker
Highway a distance of 1104.38 feet; thence N00o20’29”W a distance of 40.00 feet to a point on the
north right-of-way line of Husker Highway, said point also being the point of beginning; thence
N00o33’56”W a distance of 393.79 feet; thence N89o37’30”E a distance of 75.92 feet; thence
N00o19’02”W a distance of 179.87 feet; thence N89o38’32”E a distance of 80.85 feet to a point on
the west line of Fairway Crossings at Indianhead Club 1st Subdivision; thence S00o00’06”E, along
said west line a distance of 20.00 feet; thence S89o39’50”W a distance of 60.70 feet; thence
S00o19’03”E a distance of 179.80 feet; thence S89o37’30”W a distance of 75.83 feet; thence
S00o33’56”E a distance of 373.82 feet to a point on the north ROW line of Husker Highway; thence
S89o39’31”W, along said north ROW line of Husker Highway, a distance of 20.00 feet to the point
of beginning. Said temporary utility easement contains a calculated area of 14,207 square feet or
0.33 acres more or less.
and
Commencing at the southwest corner of Section 26-T11N-R10W; thence on an assumed bearing
of N89o39’31”E, along the centerline of Husker Highway a distance of 1144.38 feet; thence
N00o20’29”W a distance of 40.00 feet to a point on the north right-of-way line of Husker Highway,
said point also begin the point of beginning; thence N00o33’56”W a distance of 353.82 feet; thence
N89o37’30”E a distance of 75.74 feet; thence N00o19’03”W a distance of 179.82 feet; thence
N89o39’50”E a distance of 40.70 feet to a point on the west line of Fairway Crossings at
Indianhead Club 1st Subdivision; thence S00o00’06”E, along said west line a distance of 20.00 feet;
thence S89o38’47”W a distance of 20.60 feet; thence S00o19’02”E a distance of 179.79 feet;
thence S89o37’42”W a distance of 75.65 feet; thence S00o33’54”E a distance of 333.83 feet to a
point on the north ROW line of Husker Highway; thence S89o39’31”W, along said north ROW Line
of Husker Highway, a distance of 20.00 feet to the point of beginning. Said temporary utility
easement contains a calculated area of 12,600 square feet or 0.29 acres more or less.
WHEREAS, such Temporary Construction easements have 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 acquire the Temporary Construction easements on the above described
tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
Grand Island Council Session - 12/4/2018 Page 131 / 197
- 2 -
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 132 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-8
#2018-364 - Approving Benefits for Sanitary Sewer District No.
540T; West US Highway 30 and Engleman Road / West Park Plaza
Sanitary Sewer Extension
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 - 12/4/2018 Page 133 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
This Space Reserved for Register of Deeds
RESOLUTION NO. 2018-364
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution No.
2018-BE-x 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. 540T, such benefits are the sums set opposite the
descriptions as follows:
Parcel
No.Owner Legal Description
Tap
Connection
Fee
400201186 Shafer & Hartman Farms, LLC
An undivided one-half (1/2) interest in and to a tract of
land comprising a part of the Northwest Quarter (NW ¼)
of Section 26, Township 11 North, Range 10 West of the
6th P.M., Hall County, Nebraska and more particularly
described as follows: Beginning at the southwest corner
of said Northwest Quarter (NW ¼); thence running
easterly along the south line of said Northwest Quarter
(NW ¼) a distance of Thirty Three (33) feet; thence
running northerly and parallel to the west line of said
Northwest Quarter (NW ¼) a distance of Two Hundred
Eight and Seven Tenths (208.7) feet; thence running
easterly and parallel to the south line of said Northwest
Quarter (NW ¼) a distance of Nine Hundred Ninety
Three and Six Tenths (993.6) feet; thence running
northerly and parallel to the west line of said Northwest
Quarter (NW ¼) a distance of Sixteen and Three Tenths
$151,671.10
Grand Island Council Session - 12/4/2018 Page 134 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 2 -
(16.3) feet; thence running northeasterly and parallel with
the northerly right-of-way line of the Union Pacific
Railroad R.O.W. a distance of One Thousand Eight
Hundred Eighty Five and Six Tenths (1,885.6) feet to a
point on the east line of said Northwest Quarter (NW ¼);
thence running northerly along and upon the east line of
said Northwest Quarter (NW ¼) a distance of One
Thousand Four Hundred Ninety Seven and Four Tenths
(1,497.4) feet to the northeast corner of said Northwest
Quarter (NW ¼); thence running westerly along and upon
the north line of said Northwest Quarter (NW ¼) a
distance of One Thousand Two Hundred Eighty and
Forty Five hundredths (1,280.45) feet; thence deflecting
left 90o35’40” and running southerly a distance of Nine
Hundred Fifty Two and Three Tenths (952.3) feet; thence
deflecting right 88o47’40” and running westerly a
distance of One Thousand Three Hundred Seventy
Seven and Three Tenths (1,377.3) feet to a point on the
west line of said Northwest Quarter (NW ¼); thence
running southerly along and upon the west line of said
Northwest Quarter (NW ¼) a distance of One Thousand
Six Hundred Seventy Nine and Thirteen Hundredths
(1,679.13) feet to the point of beginning (containing
101.128 acres, more or less).
400159155
Glenn H. Schwarz
Glenn H. Schwarz Revocable
Trust Dated July 21, 2004
All that part of the Easterly Seventy Acres (70A) of North
Half of the Northeast Quarter (N ½ NE ¼) of Section 26
in Township 11 North, Range 10 West of the 6th P.M., in
Hall County, Nebraska, including Lots 17, 18 19, 20, 41,
42, 43, 44 and the Westerly One Half of Lots 16, 21, 40 &
45 of Person’s Subdivision in such North Half of the
Northeast Quarter lying north and west of the tract
conveyed to the State of Nebraska for new Highway 30
as described in Book 136 on Page 307 of Deeds, Hall
County, Nebraska, and excepting a tract of land
conveyed to Howard E. Stearns and recorded in Book
155, Page 225 of the Deed Records of Hall County,
Nebraska, also excepting a tract of land now known as
Schuele Subdivision.
$ 49,959.53
400151049 Casey’s Retail Company,
an Iowa Company
A tract of land comprising a part of the Southwest
Quarter of the Northeast Quarter of Section 26, Township
11 North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows:
Beginning at the northwest corner of said Southwest
Quarter (SW ¼) of the Northeast Quarter, thence easterly
along the north line of said Southwest Quarter of the
Northeast Quarter, a distance of 594.34 feet, to the
northwesterly right-of-way line of the Union Pacific
Railroad Company; thence southwesterly along said
railroad right-of-way line, a distance of 693.85 feet, to the
west line of said Northeast Quarter; thence northerly
along the west line of said Northeast Quarter, a distance
of 366.54 feet to the place of beginning.
$ 13,529.16
Grand Island Council Session - 12/4/2018 Page 135 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 3 -
400151073
Dustin J Mahlbach
&
Ashley M Mahlbach
A tract of land in the Southwest Quarter of the Northwest
Quarter (SW ¼ NW ¼) of Section 26, Township 11 North,
Range 10 West of the 6th P.M., Hall County, Nebraska,
more particularly described as follows: Beginning at a point
33’ east and 113’ north of the southwest corner of the SW
¼ NW ¼ of said Section 26, said point being the place of
beginning, running thence north a distance of 95’ on a line
parallel to the west line of Section 26; thence running east
at right angles a distance of 417’ on a line parallel to the
south line of the SW ¼ NW ¼, above described; thence
running south at right angles a distance of 95’ on a line
parallel to the west line of Section 26; thence running west
at right angles a distance of 417’ on a line parallel to the
south line of the SW ¼ NW ¼, above described to the point
of beginning.
$ 4,809.52
400151065
Darrell L Johnson
&
Linda K Johnson
A tract of land situated in the Southwest Quarter of the
Northwest Quarter (SW ¼ NW ¼) of Section 26, in
Township 11 North, Range 10 West of the 6th P.M., Hall
County, Nebraska more particularly described as follows:
Beginning at a point on the east-west one-half section line
thru said Section 26, said point being 33.0 feet east of the
one-quarter section corner on the west side of said Section
26; running thence east along and upon said one-half
section line thru said Section 26, a distance of 417.4 feet,
running thence north parallel with the west line of said
Section 26, a distance of 209.7 feet, running thence west
parallel with the said one-half section line thru said Section
26, a distance of 417.4 feet; running south parallel with the
west line of said Section 26, a distance of 208.7 feet to the
point of beginning, Hall County, Nebraska, excepting a
certain tract therefrom as recorded in survivorship warranty
deed recorded in Book 159, Page 127, in the Register of
Deeds Office, Hall County, Nebraska.
$ 5,764.43
400151103 Gerald W Poels
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section 26, Township 11 North, Range 10 West
of the 6th P.M., Hall County, Nebraska, said tract being
more particularly described as follows: With reference to
the southwest corner of said NW 1/4; thence running
S89o55’55”E for 818.48 feet to the actual point of
beginning; thence N00o09’04”W for 208.60 feet; thence
N89o51’08”W for 367.36 feet; thence S00o04’41”W for
208.68 feet; thence S89o51’56”E for 368.20 feet to the
point of beginning, the west line of said NW ¼ assumed
S00o00’00”E in direction.
and
A tract of land comprising a part of the Northwest Quarter
(NW ¼) of Section Twenty Six (26), Township Eleven (11)
North, Range Ten (10) West of the 6th P.M., Hall County,
Nebraska, said tract being more particularly described as
follows: With reference to the southwest corner of said NW
¼; thence running S89o55’55”E for 818.48 feet to the actual
point of beginning; thence S89o55’02”E for 208.68 feet;
thence N00o00’27”W for 208.58 feet; thence N89o54’34”W
for 209.19 feet; thence S00o09‘04”E for 208.60 feet to the
$ 14,530.36
Grand Island Council Session - 12/4/2018 Page 136 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 4 -
point of beginning, the west line of said NW ¼ assumed
S00o00’00”E in direction.
400151634
James S Reed
&
Precious A Reed
Lot One (1), Bick’s Second Subdivision to the City of Grand
Island, Hall County, Nebraska
$2,816.28
400460580 Destiny Church, Assembly of God
of Grand Island, Nebraska
Lot One (1), Bick’s Fourth Subdivision, in the City of Grand
Island, Hall County, Nebraska $6,231.73
400151642
Guillerma A DeLeon
&
Guillermo R DeLeon
Lot Two (2), Bick’s Fourth Subdivision, Grand Island, Hall
County, Nebraska
$3,742.41
400151111 Leighton E Lanka Lot One (1), Lanka Green Acres Subdivision, City of Grand
Island, Hall County, Nebraska $7,866.57
400396173 Leighton E Lanka Lot Two (2), Lanka Green Acres Subdivision, City of Grand
Island, Hall County, Nebraska $3,177.48
400151057 John Sears
A tract of land comprising a part of the NW ¼ of Section 26,
in Township 11 North, Range 10, West of the 6th P.M., in
Hall County, Nebraska, and described as follows: From a
point where the north right-of-way line of the Union Pacific
Railroad Company intersects the east line of said NW ¼ of
Section 26, running thence southwesterly upon the north
right-of-way line of the Union Pacific Railroad Company for
a distance of 675.00 feet, to the actual point of beginning,
running thence north parallel to the east line of said NW ¼
225.00 feet running thence southwesterly parallel with the
north right-of-way line of the Union Pacific Railroad
Company, a distance of 225.00 feet, running thence south
parallel to the east line of said NW ¼, 225.00 feet, to a
point on the north right-of-way line of the Union Pacific
Railroad Company, running thence northeasterly upon said
north right-of-way line of the Union Pacific Railroad
Company, a distance of 225.00 feet, to the point of
beginning.
$5,396.76
400151138
Ralph L Lucas
&
Ramona L Lucas
A certain part of the Northwest Quarter (NW ¼) of Section
26, in Township 11 North, Range 10 West of the 6th P.M.,
Hall County, Nebraska, more particularly described as
follows, to-wit: From a point where the north right-of-way
line of the Union Pacific Railroad Company intersects the
east line of the Northwest Quarter (NW ¼) of Section 26,
Township 11 North, Range 10, West of the 6th P.M.,
running thence southwesterly along and upon the north
right-of-way line of the Union Pacific Railroad Company, for
a distance of 450.0 feet to the actual point of beginning,
running thence north parallel to the east line of said
Northwest Quarter (NW ¼) of said Section 26, 225.0 feet,
running thence southwesterly parallel to the north right-of-
way line of the Union Pacific Railroad Company, for a
distance of 225.0 feet, running thence south parallel to the
east line of the Northwest Quarter (NW ¼) of said Section
26, 225.0 feet to a point on the north right-of-way line of the
Union Pacific Railroad Company, running thence
northeasterly along and upon the north right-of-way line of
the Union Pacific Railroad Company, a distance of 225.0
feet to the point of beginning.
$5,382.09
Grand Island Council Session - 12/4/2018 Page 137 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 5 -
400151162 Joseph H Ewoldt
A tract of land comprising a part of the Northwest Quarter (NW
¼) of Section 26, Township 11 North, Range 10 West of the
6th P.M., in Hall County, Nebraska, more particularly described
as follows: Beginning at a point on the northerly right-of-way
line of the Union Pacific Railroad Company, said point being
Two Hundred Twenty-Five (225.0) feet southwesterly form the
intersection of said right-of-way line with the east line of said
Northwest Quarter (NW ¼); thence northerly parallel to said
east line of the Northwest Quarter (NW ¼), a distance of Two
Hundred Twenty-Five (225.0) feet; thence southwesterly
parallel to said right-of-way line, a distance of One Hundred
Twelve and Five Tenths (112.5) feet; thence southerly parallel
to said east line of the Northwest Quarter (NW ¼), a distance
of Two Hundred Twenty-Five (225.0) feet, to said right-of-way
line; thence northeasterly along said right-of-way line, a
distance of One Hundred Twelve and Five Tenths (112.5) feet
to the place of beginning.
$2,491.01
400151154 Linda M Clark
A tract of land comprising a part of the Northwest Quarter (NW
¼) of Section 26, Township 11 North, Range 10 West of the
6th P.M. in Hall County, Nebraska, more particularly described
as follows: beginning at a point on the northerly right-of-way
line of the Union Pacific Railroad Company, said point being
Two Hundred Twenty Five (225.0) feet southwesterly from the
intersection of said right-of-way line with the east line of said
Northwest Quarter (NW ¼); thence northerly parallel to said
east line of the Northwest Quarter (NW ¼), a distance of Two
Hundred Twenty Five (225.0) feet; thence southwesterly
parallel to said right-of-way line, distance of One Hundred
Twelve and Five Tenths (112.5) feet; thence southerly parallel
to said east line of the Northwest Quarter (NW ¼), a distance
of Two Hundred Twenty-Five (225.0) feet, to said right-of-way
line; thence northeasterly along said right-of-way line, a
distance of One Hundred Twelve and Five Tenths (112.5) feet
to the place of beginning.
Also known as: Lots One (1) and Two (2), C & E Subdivision,
in the City of Grand Island, Hall County, Nebraska.
$2,886.94
400151146
Jesus Guerrero
and
Diana L Rodriguez
Part of the Northwest Quarter (NW ¼) of Section 26,
Township 11 North, Range 10 West of the 6th P.M., Hall
County, Nebraska, more particularly described as: Beginning
at a point where the east line of the Northwest Quarter (NW
¼) of said Section 26, Township 11 North, Range 10 West of
the 6th P.M. intersects the north right-of-way line of the
U.P.R.R. Co. which point is Nine Hundred Eighty Seven and
One Tenth (987.1) feet north of the southeast corner of the
Northwest Quarter (NW ¼) of said Section 26, running thence
north along the east line of the Northwest Quarter (NW ¼) of
said Section 26, Two Hundred Twenty Five (225.0) feet;
running thence westerly parallel with the north right-of-way of
the U.P.R.R. Co. Two Hundred Twenty Five (225.0) feet;
running thence south parallel to the east line of the said
Northwest Quarter (NW ¼) of said Section 26 Two Hundred
Twenty Five (225.0) feet to a point on the north right-of-way of
the U.P.R.R. CO., thence easterly along the north right-of-way
line of the U.P.R.R. Co., Two Hundred Twenty Five (225.0)
feet to the actual point.
$5,369.89
Grand Island Council Session - 12/4/2018 Page 138 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 6 -
400378205 L & P Investments, LLC Lot One (1), Elder Fourth Subdivision, in the City of Grand
Island, Hall County, Nebraska $23,167.36
400378221 L & P Investments, LLC Lot Two (2), Elder Fourth Subdivision, in the City of Grand
Island, Hall County, Nebraska.$12,339.04
400459906 H & H Self Storage, LLC
A tract of land comprising a part of the East Half of the
Northeast Quarter of Section Twenty-Seven (27), Township
Eleven (11) North, Range Ten (10), West of the 6th P.M., Hall
County, Nebraska, more particularly described as follows:
Beginning at a point on the south line of the said Northeast
Quarter, said point being 660.0 feet west of the southeast
corner of said Northeast Quarter; thence westerly along the
south line of said Northeast Quarter, a distance of 662.62 feet
to the southwest corner of said East Half of the Northeast
Quarter, thence northerly along the west line of said East Half
of the Northeast Quarter, a distance of 1,319.92 feet; thence
deflecting right 88o22’50” and running easterly, a distance of
660.3 feet; thence deflecting right 91o30’23” and running
southerly, a distance of 1,334.4 feet to the place of beginning.
$89,778.50
400201267 Gary P Rowe
A tract of land comprising a part of the East Half of the
Northeast Quarter (E ½ NE ¼) of Section 27, Township 11
North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows: Beginning
at the southeast corner of said Northeast Quarter (NE ¼);
thence westerly along the south line of said Northeast Quarter
(NE ¼) a distance of Six Hundred Sixty (660.0) feet; thence
northerly parallel to the east line of said Northeast Quarter (NE
1/4) a distance of Two Thousand One and Fifty-Six
Hundredths (2,001.56) feet; thence easterly along a line Six
Hundred Sixty (660.0) feet south of and parallel to the north
line of said Northeast Quarter (NE ¼) a distance of Three
Hundred Thirty (330.0) feet; thence southerly along a line
Three Hundred Thirty (330.0) feet west of and parallel to the
east line of said Northeast Quarter (NE ¼) a distance of One
Thousand Five Hundred Eight-Seven and Thirty Five
Hundredths (1,587.35) feet; thence deflecting left 90o10’30”
and running easterly a distance of Three Hundred Thirty
(330.0) feet, to the east line of said Northeast Quarter (NE ¼);
thence southerly along the east line of said Northeast Quarter
(NE ¼) a distance of Four Hundred Twenty and Thirty Five
Hundredths (420.35) feet to the place of beginning, excepting
Lots One (1) and Two (2) in Rowe Subdivision, Hall County,
Nebraska.
$25,411.99
400201240
Lonnie J Nunnenkamp aka
Lonny J Nunnenkamp
and
Carla Grabau-Nunnenkamp;
Lonnie J Nunnenkamp
Revocable Trust
and
Carla D Grabau-Nunnenkamp
Revocable Trust
A tract of land located in the East Half (E ½) of the Northeast
Quarter (NE ¼) of Section 27, Township 11 North, Range 10
West of the 6th P.M., Hall County, Nebraska, more particularly
described as follows: Commencing at a point on the east line
of the Northeast Quarter (NE ¼) of Section 27, said point
being 1,553.60 feet south of the northeast corner of Section
27; thence southerly a distance of 701.25 feet; thence west a
distance of 330.0 feet; thence north a distance of 701.25 feet;
thence east a distance of 330.0 feet to the place of beginning.
$24,570.28
Grand Island Council Session - 12/4/2018 Page 139 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 7 -
400201267 Gary P Rowe
A tract of land comprising a part of the East Half of the
Northeast Quarter (E ½ NE ¼) of Section 27, Township 11
North, Range 10 West of the 6th P.M., in Hall County,
Nebraska, more particularly described as follows: Beginning
at the southeast corner of said Northeast Quarter (NE ¼);
thence westerly along the south line of said Northeast Quarter
(NE ¼) a distance of Six Hundred Sixty (660.0) feet; thence
northerly parallel to the east line of said Northeast Quarter (NE
¼) a distance of Two Thousand One and Fifty Six Hundredths
(2,001.56) feet; thence easterly along a line Six Hundred Sixty
(660.0) feet south of and parallel to the north line of said
Northeast Quarter (NE ¼) a distance of Three Hundred Thirty
(330.0) feet; thence southerly along a line Three Hundred
Thirty (330.0) feet west of and parallel to the east line of said
Northeast Quarter (NE ¼) a distance of One Thousand Five
Hundred Eighty-Seven and Thirty Five Hundredths (1,587.35)
feet; thence deflective left 90o10’30” and running easterly a
distance of Three Hundred Thirty (330.0) feet, to the east line
of said Northeast Quarter (NE ¼); thence southerly along the
east line of said Northeast Quarter (NE ¼) a distance of Four
Hundred Twenty and Thirty Five Hundredths (420.35) feet to
the place of beginning, excepting Lots One (1) and Two (2) in
Rowe Subdivision, Hall County, Nebraska.
$14,398.19
400204118 Daniel R Garner Lot Two (2), in Rowe Subdivision, Hall County, Nebraska.$7,731.83
400204096 Daniel R Garner Lot One (1), in Rowe Subdivision, Hall County, Nebraska.$4,904.15
400151294 Ascentia
A tract of land comprising a part of the Southeast Quarter (SE
¼) of Section 27, Township 11 North, Range 10 West of the
6th P.M., in Hall County, Nebraska, more particularly described
as follows: Beginning at the northeast corner of the Southeast
Quarter (SE ¼) of said Section 27; thence southerly along the
east line of said Section 27, a distance of Six Hundred Twenty
Five and Ninety Three Hundredths (625.93) feet, to the
northerly right-of-way line of the Union Pacific Railroad; thence
southwesterly along said right-of-way line, a distance of Nine
Hundred Sixty One and Twenty Four Hundredths (961.24)
feet; thence northwesterly perpendicular to said right-of-way
line, a distance of Six Hundred Three and Sixty Five
Hundredths (603.65) feet; thence northerly parallel to the east
line of said Section 27 a distance of Sixty Nine and Eighty Five
Hundredths (69.85) feet; thence running westerly a distance of
Fifteen Hundred Ten and Ninety Five Hundredths (1,510.95)
feet to a point on the west line of said Southeast Quarter (SE
¼), said point being Sixteen Hundred Eighty Seven and
Twenty Six Hundredths (1,687.26) feet North of said U.P.R.R.
right-of-way line; thence northerly along said west line of said
Southeast Quarter (SE ¼) a distance of Five Hundred Thirty
One (531.0) feet, to the northwest corner of said Southeast
Quarter (SE ¼) thence easterly along the north line of said
Southeast Quarter (SE ¼) a distance of Two Thousand Six
Hundred Forty Five and Ninety Five Hundredths (2,645.95)
feet to the place of beginning.
$219,140.71
$707,067.31
---
Grand Island Council Session - 12/4/2018 Page 140 / 197
RESOLUTION NO. 2018-364 (Cont.)
- 8 -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 141 / 197
SANITARY SEWER TAP DISTRICT 540TEXHIBIT "A"
STOLLEY PARK RD. W.STOLLEY PARK RD. W.ENGLEMAN RD. S.ENGLEMAN RD. S.U.S. 30 HW Y. W .U.S. 30 HW Y. W .U.S. 30 HW Y. W .2,338.6'300.0'1,321.8'1,671.4'910.8'613.0'1,323.9'1,122.2'531.0'1,314.1'
1,510.9'69.8'
6
0
3.6'4,736.6'256.3'
329.5'1,352.2'NE QUARTERSECTION 27T-11-N, R-10-W
NW QUARTERSECTION 26T-11-N, R-10-W
SE QUARTERSECTION 27T-11-N, R-10-W
SW QUARTERSECTION 26T-11-N, R-10-W
SW CORNERNE QUARTER (NE1/4)SECTION TWENTY SEVEN (27)
NE CORNERNW QUARTER (NW1/4)SECTION TWENTY SIX (26)
1
25
19
2
2
20 21
17
6
3
22
18
8
10
23 9
12 13
16
75424
11
1514
-
Legend Quarter Section Line
District Sanitary Sewer Pipe
Parcel Outline
District Boundary Line
Parcel Outline - Owner1
12345678910111213141516171819202122232425
28.8199.4932.5710.9141.0952.7610.5351.1840.7111.4950.6041.0251.0230.4730.5491.0204.4022.34517.0594.8284.6692.7361.4690.93241.638134.348
AREA DISTRICT AREA(Acres)CURRENT OWNER
SHAFER & HARTMAN FARMS, L.L.C. SCHWARZ/GLENN H. CASEY'S RETAIL CO.MAHLBACH/DUSTIN J. & ASHLEY M.JOHNSON/DARRELL L. & LINDA K.POELS/GERALD W.REED/JAMES S. & PRECIOUS A.DESTINY CHURCHDELEON/GUILLERMA A. & GUILLERMO R.LANKA/LEIGHTON E.LANKA/LEIGHTON E.SEARS/JOHNLUCAS/RALPH L. & OR RAMONA L.EWOLDT/JOSEPH H.CLARK/LINDA M.GUERRERO/JESUSL & P INVESTMENTS, LLC.L & P INVESTMENTS, LLC.H & H SELF STORAGE LLC.ROWE/GARY P.NUNNENKAMP TRUSTEE/LONNIE J.ROWE/GARY P.GARNER/DANIEL R.GARNER/DANIEL R.ASCENTIADISTRICT TOTAL
Grand Island Council Session - 12/4/2018 Page 142 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-9
#2018-365 - Amending the 2018/2019 Fee Schedule Regarding
Parking Fees
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/4/2018 Page 143 / 197
Council Agenda Memo
From:John Collins PE, Public Works Director
Robert Falldorf, Police Chief
Meeting:December 4, 2018
Subject:Approving Amending the 2018/2019 Fee Schedule
Regarding Parking Fees
Presenter(s):John Collins PE, Public Works Director
Background
The 2018/2019 Fee Schedule lists a parking permit fee for the Middle & Upper levels of
the parking ramp located at the corner of Pine Street & 1st Street, as well as for the
Chamber parking lot at the corner of Walnut Street and 2nd Street.
Discussion
With the ongoing development of Railside in the downtown area questions have been
brought up regarding free parking vs. paid parking. Working through such questions
some inconsistencies have been discovered.
Staff is recommending the removal of the $15.00 per month parking permit for the
Middle & Upper levels of the parking ramp, and the $50.00 per year Chamber parking lot
fee.
Such recommendations are based on the parking ramp being underutilized on the middle
& upper levels, as well as the Free Parking sign at the entrance of the Chamber parking
lot installed by Railside. During discussions with the Police Department enforcement has
not taken place at either of these locations since late 2015/early 2016, due to their current
staffing level, coupled with the parking ramp not having been marked for permitted
parking.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 12/4/2018 Page 144 / 197
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 2018/2019 Fee Schedule
Amendment.
Sample Motion
Move to modify the existing fee schedule.
Grand Island Council Session - 12/4/2018 Page 145 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-365
WHEREAS, it is necessary to amend the 2018/2019 Fee Schedule to correct the
parking permit fees; and
WHEREAS, it is recommended that the Middle & Upper levels: “Reserved
Monthly” at $15.00 per month and the Chamber Lot Parking Fee of $50.00 per year be removed;
and
WHEREAS, it is recommended that such amendment be approved and adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2018/2019 Fee Schedule is hereby
amended to remove the Middle & Upper levels: “Reserved Monthly” at $15.00 per month and
the Chamber Lot Parking Fee of $50.00 per year.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 146 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-10
#2018-366 - Approving Purchase of Herman Miller Line Furniture
for Edith Abbott Memorial Library Renovation
Staff Contact: Steve Fosselman, Library Director
Grand Island Council Session - 12/4/2018 Page 147 / 197
Council Agenda Memo
From:Steve Fosselman, Library Director
Meeting:December 4, 2018
Subject:Approving Purchase of Herman Miller Line Furniture for
Edith Abbott Memorial Library Renovation
Presenter(s):Steve Fosselman, Library Director
Background
Renovations to the Edith Abbott Memorial Library are now underway, including
procurement of specified furnishings and equipment. The Grand Island Public Library
Foundation is responsible for financing all costs for this project that are not provided by
the Grimminger estate funds from the 295 Special Project Account and project-specific
grant funds received by the City, as per Resolution No. 2018-164 approved by the City
Council on June 12, 2018.
Discussion
To meet competitive bidding requirements the Grand Island Public Library obtained
cooperative contract pricing for various Herman Miller line chairs, stools, tables, etc.
from AOI Corporation of Omaha, Nebraska through US Communities Contract
4400003403 with Herman Miller, Inc. The total for these items including delivery and
installation is $61,613.42.
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 - 12/4/2018 Page 148 / 197
Recommendation
City Administration recommends that the Council approve the purchase of various
Herman Miller line chairs, stools, tables, etc. from AOI Corporation of Omaha, Nebraska
in the amount of $61,613.42 through US Communities Contract 4400003403 with
Herman Miller, Inc.
Sample Motion
Move to approve the purchase of various Herman Miller line chairs, stools, tables, etc.
from AOI Corporation of Omaha, Nebraska in the amount of $61,613.42 through US
Communities Contract 4400003403 with Herman Miller, Inc.
Grand Island Council Session - 12/4/2018 Page 149 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-366
WHEREAS, US Communities Contract 4400003403 with Herman Miller, Inc. was used
to secure competitive bids for Herman Miller line chairs, stools, tables, etc. from AOI
Corporation of Omaha, Nebraska as part of the Edith Abbott Memorial Library renovation; and
WHEREAS, the purchase of these items from AOI Corporation of Omaha, Nebraska
through this contract, including delivery and installation, totals $61,613.42.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the that the purchase of various Herman Miller
line chairs, stools, tables, etc. from AOI Corporation of Omaha, Nebraska in the amount of
$61,613.42 through US Communities Contract 4400003403 with Herman Miller, Inc. is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 150 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-11
#2018-367 - Approving Purchase of Multiple Manufacturers’
Furniture for Edith Abbott Memorial Library Renovation
Staff Contact: Steve Fosselman, Library Director
Grand Island Council Session - 12/4/2018 Page 151 / 197
Council Agenda Memo
From:Steve Fosselman, Library Director
Meeting:December 4, 2018
Subject:Approving Purchase of Multiple Manufacturers’
Furniture for Edith Abbott Memorial Library Renovation
Presenter(s):Steve Fosselman, Library Director
Background
Renovations to the Edith Abbott Memorial Library are now underway, including
procurement of specified furnishings and equipment. The Grand Island Public Library
Foundation is responsible for financing all costs for this project that are not provided by
the Grimminger estate funds from the 295 Special Project Account and project-specific
grant funds received by the City, as per Resolution No. 2018-164 approved by the City
Council on June 12, 2018.
Discussion
To meet competitive bidding requirements the Grand Island Public Library obtained
cooperative contract pricing for multiple manufacturers’ chairs and tables from AOI
Corporation of Omaha, Nebraska through:
NCPA Contract 07-47 with Versteel
E&I Cooperative Services Contract CNR01372 with Agati, Inc.
E&I Cooperative Services Contract CNR01280 with Hightower Group
National IPA Contract R142213 with OFS
The total for these items including delivery and installation is $44,892.09.
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 - 12/4/2018 Page 152 / 197
Recommendation
City Administration recommends that the Council approve the purchase of multiple
manufacturers’ chairs and tables from AOI Corporation of Omaha, Nebraska in the
amount of $44,892.09 through NCPA Contract 07-47 with Versteel, E&I Cooperative
Services Contract CNR01372 with Agati, Inc, E&I Cooperative Services Contract
CNR01280 with Hightower Group, and National IPA Contract R142213 with OFS.
Sample Motion
Move to approve the purchase of multiple manufacturers’ chairs and tables from AOI
Corporation of Omaha, Nebraska in the amount of $44,892.09 through NCPA Contract
07-47 with Versteel, E&I Cooperative Services Contract CNR01372 with Agati, Inc, E&I
Cooperative Services Contract CNR01280 with Hightower Group, and National IPA
Contract R142213 with OFS.
Grand Island Council Session - 12/4/2018 Page 153 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-367
WHEREAS, cooperative purchase contracts were utilized to secure competitive bids for
multiple manufacturers’ chairs and tables from AOI Corporation of Omaha, Nebraska as part of
the Edith Abbott Memorial Library renovation; and
WHEREAS, the purchase of these items from AOI Corporation of Omaha, Nebraska
through these contracts, including delivery and installation, totals $44,892.09.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the purchase of multiple manufacturers’ chairs
and tables from AOI Corporation of Omaha, Nebraska in the amount of $44,892.09 through
NCPA Contract 07-47 with Versteel, E&I Cooperative Services Contract CNR01372 with Agati,
Inc, E&I Cooperative Services Contract CNR01280 with Hightower Group, and National IPA
Contract R142213 with OFS is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 154 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-12
#2018-368 - Approving the Purchase of Radio Transmission
Equipment for 911 Center
Staff Contact: Jon Rosenlund
Grand Island Council Session - 12/4/2018 Page 155 / 197
Council Agenda Memo
From:Jon Rosenlund, Director of Emergency Management
Meeting:December 4, 2018
Subject:Radio Equipment for New Facility
Presenter(s):Jon Rosenlund, Director of Emergency Management
Background
The 911 Center utilizes a Radio Console to communicate with local emergency agencies.
The Radio Console controls radio equipment which transmits to repeaters on the various
City and County radio repeaters, providing radio coverage throughout the County.
Following a process of reviewing the various radio frequencies used by the 911 Center
dispatchers, the Department has finalized the necessary radios needed for adequate
communications. On November 20, 2018, the Council approved the purchase of a new
Zetron Radio Console to control these radios, and this proposal will provide for the
ensemble of backroom radio equipment for radio transmissions. Payment for this
equipment will be made through fund balances of the 215 Landline E911 Fund.
Discussion
The Emergency Management Department was recently approved to purchase Zetron
Radio Consoles for the new 911 Center. These Consoles provide dispatchers control of
the various county radio frequencies to communicate with all the local emergency
management agencies. The second part of the radio project is the purchase and
installation of the actual radio transmission equipment (radios, antenna, line kits, etc) that
will be controlled by the Consoles.
Following a process of reviewing all frequencies are used and monitored by dispatchers,
and determining an ensemble of backroom radio transmission equipment that will both
meet the needs of the Department while reducing costs as much, the Department has
received a quote from Platte Valley Communications as attached for $108,748.44. This
includes radios and equipment to communicate on 19 different frequencies. Our most
commonly used frequencies will use a more robust radio, allowing for better long-term
use, while frequencies that are less often used for transmission were assigned a simpler
radio for cost savings.
Platte Valley Communications, the authorized sole-source Motorola provider in our area,
which allows the Department to maintain equipment that is consistent between the
Grand Island Council Session - 12/4/2018 Page 156 / 197
Alternate 911 Center at City Hall and the new 911 Center at 1210 N. North Road.
Payment for this equipment comes from the Landline E911 Fund Balance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the purchase of the Zetron
Radio Console Installation for $307,936.30 to Platte Valley Communications.
Sample Motion
Move to approve the purchase of the Zetron Radio Console Installation for $307,936.30
to Platte Valley Communications.
Grand Island Council Session - 12/4/2018 Page 157 / 197
Grand Island Council Session - 12/4/2018 Page 158 / 197
Grand Island Council Session - 12/4/2018 Page 159 / 197
Grand Island Council Session - 12/4/2018 Page 160 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-368
WHEREAS, the Grand Island Emergency Center utilizes radio consoles to control
radio transmission equipment to dispatch and communicate with local emergency response
agencies as well as activate outdoor warning sirens and perform other emergency tasks; and
WHEREAS, the Emergency Management Department was recently approved to
equip a new 911 Center at 1210 N. North Road with new radio consoles, requiring an ensemble
of radio transmitters; and
WHEREAS, maintaining the same equipment for the Main and Alternate 911
Centers will reduce cost, provide better redundancy, and ensure adequate replacement equipment
exists in an emergency; and
WHEREAS, Platte Valley Communications, the sole-source provider of Motorola
Radio Equipment, has provided a proposal to install the necessary radio equipment ensemble to
ensure adequate access to city and county radio frequencies for a total of $108,748.44.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the purchase of Radio
Equipment though Platte Valley Communications for a total of $108,748.44.
- - -
Adopted by the City Council of the City of Grand Island, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 161 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item G-13
#2018-369 - Approving Purchase of an Articulated Wheel Loader
for the Heartland Public Shooting Park
Staff Contact: Todd McCoy, Parks & Recreation Director
Grand Island Council Session - 12/4/2018 Page 162 / 197
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:December 4, 2018
Subject:Bid Award for One (1) New Articulated Wheel Loader
for use at the Heartland Public Shooting Park
Presenter(s):Todd McCoy, Parks and Recreation Director
Background
The Shooting Park Division budgeted to purchase one (1) new articulated wheel loader in
this year’s budget. The proposed loader will replace a unit with over 4,000 hours that is
becoming less dependable and difficult to repair. The new loader will be more reliable,
easier to operate and provide additional years of service.
Discussion
On October 25, 2018 the Parks and Recreation Department advertised for loader bids. Six
bids were submitted.
Fairbank Equipment, Grand Island, NE $68,000.00
Wise Heavy Equipment, LaVista, NE $78,590.00
Murphy Tractor & Equipment Co, Grand Island, NE $82,875.00
Titan Machinery, Lincoln, NE $81,500.00
NMC, Inc. Doniphan, NE $88,000.00
Titan Machinery, Grand Island, NE $81,000.00
Fairbank Equipment of Grand Island offered the lowest pricing. Fairbank additionally
proposed an option to purchase a new demo unit with 70 hours of use with full warranty
for $3,500.00 credit and $4,000.00 trade-in allowance for the existing loader.
Item #2 and #3 in the request for bids will not be purchased at this time.
Staff recommends trading in the existing loader and the purchase of a new demo unit
from Fairbank Equipment. The total purchase price to Fairbank is $60,500.00.
Funds were budgeted this year for this purchase in capital account 41044401-85615.
Grand Island Council Session - 12/4/2018 Page 163 / 197
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 City Council approve the purchase of one (1)
new articulated wheel loader with trade –in and credit.
Sample Motion
Move to approve the purchase of one (1) new articulated wheel loader with trade-in and
credit from Fairbank Equipment of Grand Island, Nebraska for a total purchase price of
$60,500.00.
Grand Island Council Session - 12/4/2018 Page 164 / 197
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 6, 2018
FOR:(1) New Articulated Wheel Loader, (1) New 78”
Brush Root Grapple Attachment, and (1) New 72” Snow Blower
Attachment
DEPARTMENT:Parks and Recreation
ESTIMATE:$70,000.00
FUND/ACCOUNT:Capital – Mach & Equipment – 41044401-85615
PUBLICATION DATE:October 25, 2018
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:Fairbank Equipment
Grand Island, NE
Exceptions:Noted
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$68,000.00
One (1) each Make & Model:Wacker Newson WL 38 w/high flow
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 4,775.00
One (1) each Make & Model:Edge #502323
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$ 7,295.00
One (1) each Make & Model:Edge SB72D
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$ 4,000.00 as is
$10,500.00 after repairs
TOTAL ADJUSTED BID:$76,070.00 as is
$69,570.00 after repair
Grand Island Council Session - 12/4/2018 Page 165 / 197
Bidder:Wise Heavy Equipment, LLC
LaVista, NE
Exceptions:None
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$78,590.00
One (1) each Make & Model:Volvo L30GS
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 3,816.00
One (1) each Make & Model:FFC (Paladin) MTG1113-9783
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$ 5,673.00
One (1) each Make & Model:
FFC (Paladin) 11072D
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$5,000.00
TOTAL ADJUSTED BID:$83,079.00
Bidder:Murphy Tractor & Equipment Co.
Grand Island, NE
Exceptions:None
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$82,875.00
One (1) each Make & Model:John Deere 304L
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 3,150.00
One (1) each Make & Model:Virnig SGV78
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$ 5,275.00
One (1) each Make & Model:Virnig V50
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$ 7,500.00
TOTAL ADJUSTED BID:$83,800.00
Grand Island Council Session - 12/4/2018 Page 166 / 197
Bidder:Titan Machinery
Lincoln, NE
Exceptions:Noted
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$81,500.00
One (1) each Make & Model:Case 221F Compact Wheel Loader
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 4,200.00
One (1) each Make & Model:Case 78” Brush Grapple
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$10,500.00
One (1) each Make & Model:Case 72” Snow Blower – high flow
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$ 8,000.00
TOTAL ADJUSTED BID:$88,200.00
Bidder:NMC, Inc.
Doniphan, NE
Exceptions:None
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$88,000.00
One (1) each Make & Model:CAT 906M
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 2,758.00
One (1) each Make & Model:Virnig
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$ 5,917.00
One (1) each Make & Model:Virnig VBWB72-25
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$ 6,900.00
TOTAL ADJUSTED BID:$89,775.00
Grand Island Council Session - 12/4/2018 Page 167 / 197
Bidder:Titan Machinery
Grand Island, NE
Exceptions:Noted
Item #1 Base Bid:New Articulated Wheel Loader WL 38:$81,000.00
One (1) each Make & Model:New Holland W80C HS
Item #2 Base Bid:New 78” Brush Root Grapple, Standard Duty Atch.:$ 3,242.00
One (1) each Make & Model:NDS 78” Cobra Slat Bucket
Item #3 Base Bid:New 72” Snow Blower SB72D Attachment:$ 5,970.00
One (1) each Make & Model:Farm King 8435 High Flow 84”
LESS TRADE-IN:One (1) Willmar Wrangler Model 4500 Wheel Loader
With 4040 plus hours, includes fork attachment:$10,500.00
TOTAL ADJUSTED BID:$79,712.00
cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks & Rec Admin Asst.
Marlan Ferguson, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Bill Starkey, HPSP Park Superintendent
P2083
Grand Island Council Session - 12/4/2018 Page 168 / 197
Fairbank Equipment, Inc.
5018 South Antelope Dr.
GRAND ISLAND NE 68803
(308) 381-4266 (800) 441-7550
November 15, 2018
Heartland Public Shooting Park
Grand Island, Ne
WACKER NEUSON WL38 LOADER
NEW INVENTORY DEMO UNIT
BID SUMMARY
Equipped as follows:
Deutz model TCD 2.9 L4-74.5hp @ 2,300 rpm rated, water cooled 4 cylinder diesel
engine-Tier 4 final
Engine heater-110v plug in type
Articulated frame steering 45degree with 12 degree oscillation angle
Full time 2-speed hydrostatic (with optional high flow hydraulics) 4 wheel drive with
electronic shuttle shift, 18.6 mph max.
Brake and inching pedal
On demand differential lock for four wheel drive
Universal quick-attach with hydraulic pin release.
Fully adjustable steering wheel.
Full cab with heat and air conditioning.
Side-tilt cab for easy service.
Work and transport lighting package standard.
Fully adjustable suspension seat with armrest and seat belt.
Remote auxiliary high flow hydraulics with 33 gpm flow
Pallet forks (no bucket included)
15.5/55-18 radial lug tires
5,926# straight tipping bucket load capacity
8'4" height , 7'6"width, and 16'13" length with forks
Cab operator protection complies with FOPS and ROPS regulations
Total net cash price FOB Shooting Park location special pricing $68,000.00
Less Demo hours allowance 70 hours x $50/hour - <$3,500.00>
Less trade Willmar Wrangler #JN45184 AS IS CONDITION - <$4,000.00>
Net trade total $60,500.00
Sold and serviced by Fairbank Equipment with standard 2 year/2000 hour " bumper to bumper"
warranty.
Mike Quackenbush
Sales
Grand Island Council Session - 12/4/2018 Page 169 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-369
WHEREAS, the City of Grand Island invited sealed bids for one (1) new
Articulated Wheel Loader for the Heartland Public Shooting Park, according to plans and
specifications on file with the Parks and Recreation Department; and
WHEREAS, on November 6, 2018, six (6) bids were received, opened and
reviewed; and
WHEREAS, Fairbank Equipment from Grand Island, Nebraska submitted a bid in
accordance with the terms of the advertisement of bids, plans and specifications and all other
statutory requirements contained therein, such bid being in the amount of $68,000.00; and
WHEREAS, Fairbank Equipment from Grand Island additionally proposed an
option to purchase a new demo unit with 70 hours of use with full warranty with a $3,500.00
credit and a $4,000.00 trade-in allowance for the existing loader.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Fairbank Equipment from
Grand Island, Nebraska including the credit and trade-in allowance for the final purchase price of
$60,500.00 for one (1) new Articulated Wheel Loader for the Heartland Public Shooting Park is
hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 170 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item I-1
#2018-370 - Consideration of Approving Appointment of RaNae
Edwards MMC as City Clerk
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 12/4/2018 Page 171 / 197
Council Agenda Memo
From:Mayor Roger G. Steele
Meeting:December 4, 2018
Subject:Appointment of Statutory Officers
Presenter(s):Mayor Roger G. Steele
Background
According to Article III – Appointed and Hired Officials, Section 2-30 Officers;
Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, (see attached)
the Mayor is required to appoint statutory officers for his term. Statutory officers include:
1).City Administrator
2).City Attorney
3)City Clerk
4)City Engineer/Public Works Director
5)City Treasurer/Finance Director
These officers also must be approved by the City Council.
Discussion
According to Grand Island City Code Section 2-30, I am requesting approval of the
following statutory officers:
1)City Attorney – Jerry Janulewicz
2)City Clerk – RaNae Edwards MMC
3)City Engineer/Public Works Director – John Collins P.E.
4)City Treasurer/Finance Director – Patrick Brown
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the statutory officers
Grand Island Council Session - 12/4/2018 Page 172 / 197
2.Deny the statutory officers
3.Ask the Mayor to reconsider his recommendation for the appointment of
statutory officers
Recommendation
City Council is recommended to approve the appointments of the statutory officers.
Sample Motion
Move to approve the appointments of City Attorney Jerry Janulewicz; City Clerk RaNae
Edwards MMC; City Engineer/Public Works Director John Collins P.E.; and City
Treasurer/Finance Director Patrick Brown.
Grand Island Council Session - 12/4/2018 Page 173 / 197
Article III. Appointed and Hired Officials
Division 1. General
§2-30. Officers; Appointive
The following shall constitute the statutory officers of the City of Grand Island which
shall be appointed by the mayor and approved by the council. These officers shall hold office until
the end of the mayor's term and until their successors are appointed and qualified. These
appointive officers may be removed at any time by the mayor, with the approval of a majority of
the council:
City Administrator
City Attorney
City Clerk
City Engineer / Public Works Director
City Treasurer / Finance Director
Grand Island Council Session - 12/4/2018 Page 174 / 197
16-308. Administrator, departments, and other appointed officers; enumerated;
appointment and removal.
Each city of the first class shall have such departments and appointed officers as shall be
established by ordinance passed by the city council, which shall include a city clerk, treasurer,
engineer and attorney, and such officers as may otherwise be required by law. Except as
provided in Chapter 19, article 6, the mayor may, with the approval of the city council, appoint
the necessary officers, as well as an administrator, who shall perform such duties as prescribed
by ordinance. Except as provided in Chapter 19, article 6, the appointed officers may be removed
at any time by the mayor with approval of a majority of the council. The office of administrator
may not be held by the mayor. The appointed administrator may concurrently hold any other
appointive office provided for in this section and section 16-325.
Source:Laws 1901, c. 18, § 14, p. 233; Laws 1903, c. 19, § 2, p. 233; Laws 1907, c. 13, § 1, p.
107; R.S.1913, § 4874; Laws 1917, c. 95, § 1, p. 252; Laws 1921, c. 164, § 1, p. 657; C.S.1922,
§ 4042; C.S.1929, § 16-304; R.S.1943, § 16-308; Laws 1953, c. 26, § 1, p. 110; Laws 1961, c.
41, § 1, p. 171; Laws 1963, c. 61, § 2, p. 254; Laws 1974, LB 1024, § 1; Laws 1975, LB 93, § 1;
Laws 1976, LB 782, § 12.
Annotations
City attorney is appointive officer and not principal officer; may be removed at any
time by mayor with approval of majority of city council; and has no statutory power to
make governmental decisions which affect the city. Communication Workers of America,
AFL-CIO v. City of Hastings, 198 Neb. 668, 254 N.W.2d 695 (1977).
Grand Island Council Session - 12/4/2018 Page 175 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-370
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Clerk for the City
of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of City Clerk for the
City of Grand Island, Nebraska shall be appointed by the mayor and approved by the council;
and
WHEREAS, the Mayor has recommended the appointment of RaNae Edwards
MMC as City Clerk effective December 4, 2018; and
WHEREAS, this position appointed by the Mayor and confirmed by the City
Council shall hold the position to which they may be appointed until the end of the Mayor’s term
of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by
the Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that RaNae Edwards MMC is hereby duly
appointed the City Clerk for the City of Grand Island, Nebraska, until the end of the Mayor’s
term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 176 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item I-2
#2018-371 - Consideration of Approving Appointment of Patrick
Brown as Treasurer/Finance Director
This item is related to Resolution item I-1.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 12/4/2018 Page 177 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-371
WHEREAS, under Neb. Rev. Stat., §16-308, the office of Finance Director/City
Treasurer, for the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of Finance
Director/City Treasurer, for the City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, the Mayor has recommended the appointment of Patrick Brown as
Finance Director/City Treasurer effective December 4, 2018; and
WHEREAS, this position appointed by the Mayor and confirmed by the City
Council shall hold the position to which they may be appointed until the end of the Mayor’s term
of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by
the Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Patrick Brown is hereby duly
appointed the Finance Director/City Treasurer for the City of Grand Island, Nebraska, until the
end of the Mayor’s term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 178 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item I-3
#2018-372 - Consideration of Approving the Appointment of Jerry
Janulewicz as City Attorney
This item is related to Resolution item I-1.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 12/4/2018 Page 179 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-372
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Attorney for the
City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of City Attorney for
the City of Grand Island, Nebraska shall be appointed by the mayor and approved by the council;
and
WHEREAS, the Mayor has recommended the appointment of Jerry Janulewicz as
City Attorney effective December 4, 2018; and
WHEREAS, this position appointed by the Mayor and confirmed by the City
Council shall hold the position to which they may be appointed until the end of the Mayor’s term
of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by
the Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Jerry Janulewicz is hereby duly
appointed the City Attorney for the City of Grand Island, Nebraska, until the end of the Mayor’s
term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 180 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item I-4
#2018-373 - Consideration of Approving Appointment of John
Collins P.E. as Engineer/Public Works Director
This item is related to Resolution item I-1.
Staff Contact: Mayor Roger Steele
Grand Island Council Session - 12/4/2018 Page 181 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-373
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Engineer for the
City of Grand Island, Nebraska, is an appointed position; and
WHEREAS, under Grand Island City Code, §2-30, the office of City Engineer
and Public Works Director have been consolidated into one position for the City of Grand Island,
Nebraska, and is an appointed position; and
WHEREAS, the Mayor, with the approval of the City Council, may appoint the
position of City Engineer/Public Works Director; and
WHEREAS, the Mayor has recommended the appointment of John Collins P.E.
as the City Engineer/Public Works Director effective December 4, 2018; and
WHEREAS, this position appointed by the Mayor and confirmed by the City
Council shall hold the position to which they may be appointed until the end of the Mayor’s term
of office; and
WHEREAS, this position appointed by the Mayor may be removed at any time by
the Mayor with approval of a majority of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that John Collins P.E. is hereby duly
appointed the City Engineer/Public Works Director for the City of Grand Island, Nebraska, until
the end of the Mayor’s term of office.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/4/2018 Page 182 / 197
City of Grand Island
Tuesday, December 4, 2018
Council Session
Item I-5
#2018-374 - Consideration of Approving Contract with Brent
Clark as Assistant City Administrator
Staff Contact: Marlan Ferguson
Grand Island Council Session - 12/4/2018 Page 183 / 197
Council Agenda Memo
From:Mayor Roger Steele
Meeting:December 4, 2018
Subject:Appointment of Brent Clark as City Administrator and
Employment Agreement
Presenter(s):Mayor Roger Steele
Background
According to Article III – Appointed and Hired Officials, Section 2-30 Officers;
Appointive of the Grand Island City Code and Neb. Rev. Stat., §16-308, the Mayor is
required to appoint statutory officers for his term. Statutory officers include:
1).City Administrator
2).City Attorney
3)City Clerk
4)City Engineer/Public Works Director
5)City Treasurer/Finance Director
These officers also must be approved by the City Council.
Discussion
I am pleased to present Brent Clark as my choice for appointment to the City
Administrator position.
Mr. Clark has been the City Administrator/Zoning Administrator in Broken Bow,
Nebraska since February 2015. Prior to that, he was the City Administrator/Treasurer in
the City of Dakota City, Nebraska and has held various other positions in South Sioux
City and the City of Wayne. He has a Bachelor of Science Degree in Public
Administration with concentration on Political Science and Business, from Wayne State
College. In his current capacity he has administered daily operations of the municipality
and utilities department, prepared an annual $26 million dollar budget, supervised all city
functions and oversaw the development and revitalization of over $11.7 million in public
projects. He has been active in numerous local, state and national organizations.
Grand Island Council Session - 12/4/2018 Page 184 / 197
The terms of the employment agreement for the City Administrator position have been
reached and are included in the packet. Current City Administrator, Marlan Fergusson,
has decided to retire effective March 1, 2019. As part of the City Administrator
employment agreement, Brent Clark will first be employed by the City as the Assistant
City Administrator and assume the City Administrator position following Mr. Ferguson’s
retirement.
According to Grand Island City Code Section 2-30, I am requesting approval of Brent
Clark as City Administrator and approval of the Employment Agreement.
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 Council is recommended to approve the appointment of Brent Clark as City
Administrator and the Employment Agreement.
Sample Motion
Move to approve the appointment of Brent Clark as City Administrator and the
Employment Agreement.
Grand Island Council Session - 12/4/2018 Page 185 / 197
EMPLOYMENT AGREEMENT
BRENT E. CLARK
THIS AGREEMENT is made and entered into this _______ day of December,
2018, by and between the CITY OF GRAND ISLAND, A Municipal Corporation,
hereinafter called the “City”, and BRENT E. CLARK, hereinafter called “Employee:
Witnesseth:
Recitals:
WHEREAS, City desires to employ Employee as Assistant City Administrator
and to promote Employee to the position as City Administrator, contingent upon
satisfactory evaluation of Employee’s performance, to commence upon the effective
resignation or other termination of employment of the current City Administrator, Marlan
V. Ferguson; and
WHEREAS, it is the desire of City to provide certain benefits and establish
certain conditions of employment for Employee in accordance with this Agreement; and
WHEREAS, Employee desires to accept employment in accordance with the
terms of this Agreement; and
WHEREAS, City and Employee agree this Agreement shall be contingent on a
satisfactory post-offer employment physical and drug test, background check, reference
checks, and evidence of eligibility to work in the United States of America.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS
FOLLOWS:
1.Assistant City Administrator. City agrees to employ said Employee as Assistant City
Administrator to City commencing December 10, 2018.
1.1.Duties. The principal duties of the Assistant City Administrator are as set forth
in the job description for the position and such other duties and responsibilities as
directed by the City Administrator.
1.2.Salary. City agrees to pay Employee for his services rendered pursuant hereto an
annual salary initially established at step 12 of the position pay scale
($132,246.61 annually, $5,086.41 bi-weekly). The Personnel Rules for City in
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
regards to step increases shall apply to Employee in consideration of any salary
adjustments.
1.3.Benefits. During the term of employment as Assistant City Administrator for
City, Employee shall receive employment benefits as set forth herein.
1.4.City Administrator-Offer of Employment. Provided Employee’s performance as
Assistant City Administrator is satisfactory, as determined by City’s Mayor,
upon the resignation or termination of employment of City Administrator Marlan
V. Ferguson, who is anticipated to retire as City’s City Administrator on March
1, 2019, City shall offer employment to Employee as City Administrator for City.
2.City Administrator. Commencing upon City’s offer of employment to Employee as
City Administrator as set forth in Section 1.4, above, and acceptance of the same by
Employee, the following terms and conditions of employment shall apply:
2.1.Duties. Employee shall perform the functions and duties specified in the City
Code and job description, and to perform other legally permissible and proper
duties and functions as Employer shall from time to time assign.
2.2.Salary. Employer agrees to pay Employee for his services rendered pursuant
hereto as City Administrator an annual base salary as per the annual salary and
classification ordinance, payable in such installments at the same time as other
employees are paid. The annual base salary at which Employee shall start step 1
of the position pay scale ($150,943.20 annually, $5,805.51 bi-weekly). In
addition, the Employer agrees to increase said salary or other benefits or both of
Employee in such amounts and to such an extent as the mayor and City Council
may determine that it is desirable to do so in advance of the adoption of the City's
annual operating budget and any salary adjustment shall conform to the City's
pay plan system.
3.Term. The term of this Agreement shall commence upon the date provided in
Section 1, above, and shall expire at the end of the current Mayor’s term of office.
3.1.Nothing in this Agreement shall prevent, limit or otherwise interfere with the
right of Employer to terminate the services of Employee at any time, subject only
to the provisions set forth in Section 4 of this Agreement.
3.2.Nothing in this Agreement shall prevent, limit or otherwise interfere with the
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
right of Employee to resign from his position with Employer provided there is
thirty (30) days advance notice to Employer.
3.3.Employee agrees to remain in the exclusive employ of Employer during the term
of this contract or any extensions thereof. Both parties acknowledge that
exclusive employment shall mean that Employee shall not accept outside
employment from any source whatsoever without first obtaining written approval
from the Mayor and City Council.
3.4.During the City Administrator’s term, Employee and his family shall reside in
Grand Island, Nebraska.
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
4.Termination
4.1.Termination for Just Cause. The Mayor with the approval of the City Council
shall have the right at any time during the term of this Agreement to terminate
the Employee for just cause. "Just cause" is defined as: (a) Employee's fraud,
misappropriation, embezzlement, or willful misconduct; (b) Employee's material
violation of any provision of this Agreement; (c) Employee's conviction of any
intentional or willful act constituting a crime, defined as felonies, crimes of
dishonesty, involving substance abuse, or moral turpitude or any activity that
would impair the Employee's ability to perform his duties or impair the
reputation of the City; (d) Employee's willful failure to adequately perform any
duties assigned under this Agreement; or (e) Employee's willful failure or refusal
to comply with City ordinances, policies or procedures. Termination for just
cause shall not require the City to request the granting of any release under
Section 4.3.6. However, the City may request such waivers of the employee
terminated for just cause, which shall then trigger the obligation of the City to
pay any sum specified in Section 4.3.
4.2.Termination for Any or No Reason and Consideration Given for Release of All
Claims against City. In the event the Mayor, with the approval of the City
Council, during the term of this Agreement, terminates Employee for any or no
reason, the City shall make payments as specified in Section 4.3 in exchange for
a full release of all claims against the City, including but not limited to those
claims as specified in Section 4.3.
4.3.Value of Claims against City Released by City Administrator and Participation
in Post-Agreement Proceedings. The City agrees to provide a lump sum cash
payment equal to three months of the Employee's salary, plus the cost of the
medical (health, dental, life) insurance premium for that three month period, to
avoid the expense of:
4.3.1. Conducting a pre-and post-termination grievance hearing which would
cost the City at a minimum one-half month's salary and benefits for the City
Administrator.
4.3.2.Conducting a Loudermill hearing and "full blown" due process hearing
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
which would cost the City at a minimum one month's salary and benefits for
the City Administrator.
4.3.3.Defending a discrimination charge brought under the municipal code, state
law, and/or federal law which would cost the City at a minimum one month's
salary and benefits for the City Administrator.
4.3.4.Defending a breach of contract claim which would cost the City at a
minimum one-half month's salary and benefits for the City Administrator.
4.3.5.The Employee, in accepting this lump sum payment, agrees after
termination of employment with the City that he will voluntarily participate
and cooperate with the City in the defense of the City and its elected officials
and employees and the prosecution of any action or proceeding about which
the Employee has knowledge, including any litigation related to these
actions. Such participation and cooperation includes, for example, agreeing
to speak with the City's attorneys at mutually convenient times regarding the
facts of the matter and agreeing to make him available for a deposition
and/or trial.
4.3.6.The City shall prepare a release of all claims by the Employee against the
City to be signed by the Employee in accordance with this paragraph.
5.Disability. If Employee is permanently disabled or is otherwise unable to perform his
duties because of sickness, accident, injury, mental incapacity or health for a period
of four (4) consecutive work weeks beyond any accrued sick leave or for twenty (20)
working days over a thirty (30) working day period, Employer shall have the option
to terminate this Agreement subject to the severance pay requirements of Section 4.3.
However, Employee shall be compensated for any accrued vacation.
6.Performance Evaluation. The Mayor and City Council or committee thereof shall
review and evaluate the performance of Employee at least annually through the target
sheet evaluation system set forth in the City Personnel Rules. Said target sheet
evaluation criteria shall be developed jointly by the Mayor and Employee.
7.Hours of Work. It is recognized that Employee must devote a great deal of time
outside the normal office hours to business of Employer, and to that end Employee
will be allowed to take time off during said normal office hours as the Mayor shall
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
deem appropriate.
8.Mileage. For travel beyond the City Limits Employee shall be reimbursed at the IRS
approved rate, if a personal vehicle is utilized for travel on City business.
9.Vacation, Medical, and Military Leave.
9.1.Employee shall be entitled to eighty (80) hours of vacation leave at the beginning
of Employment and thereafter receive all vacation and medical leave credits as
provided to all City employees as enumerated in the City Personnel Rules.
9.2.Employee shall be entitled to military reserve leave time pursuant to State law
and City policy.
10.Insurance Benefits. Employee shall receive all insurance benefits provided to all City
employees, including long term disability benefits, as enumerated in the City
Personnel Rules. The Employer will pay any Cobra premiums for the employee until
which time employee is eligible for the insurance benefits.
11.Retirement. Employer shall provide Employee the same retirement plan and
percentage rate of monthly base pay contribution provided to all City non-union
civilian employees as enumerated in the City Personnel Rules.
12.Indemnification. Employer shall defend, save harmless and indemnify Employee
against any claim or demand or other legal action, whenever groundless or otherwise
arising out of any act or omission incurred in the performance of Employee's duties as
City Administrator. This indemnification by Employer shall not include any
intentional criminal acts or torts committed by Employee for which Employer would
not have insurance coverage.
13.Incorporation of Code of Ethics. Inasmuch as Employee is an active member and
participant in ICMA, the "Code of Ethics" promulgated by ICMA are incorporated
herein and attached hereto, and by this reference made a part thereof. That said Code
of Ethics shall furnish principles to govern Employee's conduct and actions as
administrator of City.
14.Bonding. Employer shall bear the full cost of any fidelity or other bonds required of
Employee under any law or ordinance.
15.Other Terms and Conditions of Employment. Employer shall fix any such other
terms and conditions of employment as it may determine from time to time, relating
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
to the performance of Employee, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, City Code or
any other law or City ordinances.
16.Notices. Notices pursuant to this Agreement shall be given by deposit in the custody
of the United States Postal Service, postage prepaid, addressed as follows:
Employer:
Mayor
City of Grand Island
100 East 1st Street
Grand Island, Nebraska 68801
Employee:
Brent E. Clark
100 East 1st Street
Grand Island, Nebraska 68801
Alternatively, notices required pursuant to this Agreement may be personally
served in the same manner as is applicable to civil judicial practice. Notice shall
be deemed given as of the date of personal service or as of the date of deposit of
such written notice in the course of transmission in the United States Postal
Service.
17.General Provisions
17.1. This Agreement contains the entire understanding of the parties. It may
not be changed orally, but only by an agreement in writing signed by the party
against whom enforcement of any waiver, change, modification, extension, or
discharge is sought.
17.2.This Agreement shall be binding upon and inure to the benefit of the heirs
at law and executors of Employee.
17.3.The recitals hereinabove set forth are hereby incorporated into and made a
part of this Agreement.
17.4.If any provision, or any portion thereof, contained in this Agreement is
held unconstitutional, invalid or unenforceable, the remainder of this Agreement,
or portion thereof, shall be deemed severable, shall not be affected and shall
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
remain in full force and effect.
18.Waiver of Breach. The waiver by either the Employer or the Employee of any breach
of any provision of this Agreement by the other party shall not operate or be
construed as a waiver of any subsequent breach of any provision of this Agreement.
No waiver of any provision of this Agreement shall be valid unless in writing and
signed by both the Employee and the Mayor.
19.Assignment. The Employee acknowledges that the services to be rendered by him are
unique and personal. Accordingly, the Employee may not assign any of his rights or
delegate any of his duties or obligations under this Agreement.
20.Applicable Law. This Agreement is made pursuant to and shall be governed,
construed and enforced in all respects and for all purposes in accordance with the
laws of the State of Nebraska.
IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed
in its behalf by its Mayor and duly authenticated by its City Clerk, and Employee has
signed and executed this Agreement the day and year first above written.
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EMPLOYMENT AGREEMENT
BRENT E. CLARK
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation
By: ________________________________
Roger G. Steele, Mayor
[Attest]
__________________________________
RaNae Edwards, City Clerk
______________________________
Brent E. Clark, Employee
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ICMA Code of Ethics
The mission of ICMA is to create excellence in local governance by developing and fostering professional
local government management worldwide. To further this mission, certain principles, as enforced by the
Rules of Procedure, shall govern the conduct of every member of ICMA, who shall:
1.Be dedicated to the concepts of effective and democratic local government by responsible elected
officials and believe that professional general management is essential to the achievement of this
objective.
2.Affirm the dignity and worth of the services rendered by government and maintain a constructive,
creative, and practical attitude toward local government affairs and a deep sense of social
responsibility as a trusted public servant.
3.Be dedicated to the highest ideals of honor and integrity in all public and personal relationships in
order that the member may merit the respect and confidence of the elected officials, of other officials
and employees, and of the public.
4.Serve the best interests of the people.
5.Submit policy proposals to elected officials; provide them with facts and advice on matters of policy
as a basis for making decisions and setting community goals; and uphold and implement local
government policies adopted by elected officials.
6.Recognize that elected representatives of the people are entitled to the credit for the establishment
of local government policies; responsibility for policy execution rests with the members.
7.Refrain from all political activities which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the employing
legislative body.
8.Make it a duty continually to improve the member’s professional ability and to develop the
competence of associates in the use of management techniques.
9.Keep the community informed on local government affairs; encourage communication between the
citizens and all local government officers; emphasize friendly and courteous service to the public;
and seek to improve the quality and image of public service.
10.Resist any encroachment on professional responsibilities, believing the member should be free to
carry out official policies without interference, and handle each problem without discrimination on
the basis of principle and justice.
11.Handle all matters of personnel on the basis of merit so that fairness and impartiality govern a
member’s decisions pertaining to appointments, pay adjustments, promotions, and discipline.
12.Public office is a public trust. A member shall not leverage his or her position for personal gain or
benefit.
Adopted by the ICMA Executive Board in 1924, and most recently revised by the membership in June 2018.
Grand Island Council Session - 12/4/2018 Page 195 / 197
Approved as to Form ¤ ___________
November 30, 2018 ¤ City Attorney
R E S O L U T I O N 2018-374
WHEREAS, under Neb. Rev. Stat., §16-308, the office of City Administrator for the City
of Grand Island, Nebraska, is an appointed position; and
WHEREAS, Grand Island City Code, §2-30 provides the office of City Administrator for
the City of Grand Island, Nebraska shall be appointed by the mayor and approved by the council;
and
WHEREAS, under Grand Island City Code, §2-35, the office of City Administrator for
the City of Grand Island, Nebraska may be administered by a negotiated contract; and
WHEREAS, it is desirable to provide a limited transition period whereby current City
Administrator Marlan Ferguson continues to hold such office and that a successor City
Administrator first be employed by the City as Assistant City Administrator pursuant to the
terms and conditions of an employment agreement; and
WHEREAS, City Administrator Marlan Ferguson submitted his resignation effective
March 1, 2019; and
WHEREAS, the Mayor has chosen on the basis of executive and administrative
qualifications with special reference to actual experience, or knowledge of accepted practice in
respect to the duties of the office, Brent E. Clark to hold the office of City Administrator for the
City of Grand Island with such term of office to commence March 1, 2019, and until such time
Brent E. Clark be appointed to and hold the office of Assistant City Administrator; and
WHEREAS, the City Administrator is a position appointed by the Mayor and confirmed
by the City Council and shall hold the position to which appointed until the end of the Mayor’s
term of office; and
WHEREAS, the City Administrator may be removed at any time by the Mayor with
approval of a majority of the City Council.
NOW, THREREFORE, BE IT RESOLVED BY THE COUNCIL AND MAYOR OF
THE CITY OF CITY OF GRAND ISLAND as follows:
1.The resignation of City Administrator Marlan Ferguson effective on March 1, 2019 is
hereby accepted and approved;
2.The employment and appointment of Brent E. Clark as Assistant City Administrator is
approved;
3.The employment and appointment of Brent E. Clark as City Administrator to commence
on March 1, 2019 is hereby approved and confirmed;
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4.The employment agreement by and between the City of Grand Island and Brent E. Clark
should be and is hereby approved;
5.Until March 1, 2019 Marlan Ferguson shall continue to be employed by the City and
shall hold the office of City Administrator pursuant to the terms of the Employment
Agreement by and between the City of Grand Island and Marlan Ferguson dated
December 22, 2014, except as otherwise hereby provided; and
6.For such time as his employment by the City as City Administrator shall continue,
Marlan Ferguson shall continue to receive the current salary and employee benefits
provided to him by the City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 4, 2018.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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