12-08-2020 City Council Regular Meeting Packet
City of Grand Island
Tuesday, December 8, 2020
Council Session Agenda
City Council:
Jason Conley
Chuck Haase
Julie Hehnke
Jeremy Jones
Vaughn Minton
Mitchell Nickerson
Mike Paulick
Clay Schutz
Justin Scott
Mark Stelk
Mayor:
Roger G. Steele
City Administrator:
Jerry Janulewicz
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East 1st Street, Grand Island, NE 68801
Grand Island Council Session - 12/8/2020 Page 1 / 233
City of Grand Island Tuesday, December 8, 2020
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
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 8, 2020
Council Session
Item C-1
Recognition of Service of Councilmember Jeremy Jones – Ward 1
Mayor Roger G. Steele and the City Council will recognize the service of Councilmember Jeremy Jones.
Staff Contact:
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item C-2
Recognition of Service of Councilmember Julie Hehnke – Ward 3
Mayor Roger G. Steele and the City Council will recognize the service of Councilmember Julie Hehnke.
Staff Contact:
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -1
Approving Minutes of November 23, 2020 Special City Council
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL MEETING
November 23, 2020
Pursuant to due call and notice thereof, a Special 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 23, 2020. Notice of the meeting was given in The Grand Island
Independent on November 19, 2020.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke,
Clay Schutz, Mitch Nickerson, Justin Scott, and Chuck Haase. Councilmember Jeremy Jones
was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City
Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and
Public Works Director John Collins.
ORDINANCES:
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9803 – Consideration of Approving City Code Amendments to Chapter 2 – Establishing
a City Board of Health
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
City Administrator Jerry Janulewicz reported that Nebraska Revised Statute §16-238 provided
that a city of the first class may make regulations to prevent the introduction and spread of
contagious, infectious, or malignant diseases into the city. The statute further provided that in
cities organized under a mayor-council form of government, “a board of health shall be created
consisting of five members: the mayor, who shall be chairperson; a physician, who shall be
medical adviser; the chief of police, who shall be secretary and quarantine officer; the president
of the city council; and one other member.
If approved and enacted by the City Council, the Ordinance would establish a City Board of
Health. That Board would be able to meet and consider recommendations to be made to the City
Council concerning health related matters, in particular, recommendations concerning the current
Novel Coronavirus pandemic.
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Page 2, City Council Regular Meeting, November 23, 2020
Jay Vavricek, 2729 Brentwood Boulevard asked questions concerning the board’s term of office,
appointments, residency, removal from the board, will this be an advisory board, and will it
follow the open meetings laws.
Adam Condon, 2504 West 4th Street spoke in opposition.
Discussion was held concerning the difference between the City Board of Health and the Central
District Health Department (CDHD). Mr. Janulewicz stated the CDHD was unable to make
certain public health decisions that the City Board of Health could. This board would meet on an
as needed basis to make recommendations to the City Council.
Motion by Schutz, second by Stelk to approve Ordinance #9803.
City Clerk: Ordinance #9803 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9803 on second and final reading. All those in favor of this passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9803 is declared to be lawfully adopted upon publication as required by
law.
ADJOURNMENT: The meeting was adjourned at 7:44 p.m.
RaNae Edwards
City Clerk
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -2
Approving Minutes of November 24, 2020 City Council Regular
Meeting
Staff Contact: RaNae Edwards
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CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 24, 2020
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 24, 2020. Notice of the meeting was given in The Grand Island
Independent on November 18, 2020.
Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council
members were present: Mike Paulick, Mark Stelk, Jason Conley, Vaughn Minton, Julie Hehnke,
Clay Schutz, Mitch Nickerson, Justin Scott, and Chuck Haase. Councilmember Jeremy Jones
was present by telephonic conferencing (all votes by Councilmember Jones were by telephone).
The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk
RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof and
Public Works Director John Collins.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Don Kruse, Director of Golf, for 43 Years of Service to the City of Grand Island
at Jackrabbit Run Golf Course. Mayor Steele and the City Council recognized Don Kruse,
Director of Golf for his 43 years of service at Jackrabbit Run Golf Course. Parks & Recreation
Director Todd McCoy thanked Don and Char for their service to the City of Grand Island. Don
and Char Kruse were present for the recognition.
PUBLIC HEARINGS:
Public Hearing on Request from Y & N Liquor, LLC dba Y & N Liquor, 409 N. Broadwell
Avenue, Suite #4 for a Class “D” Liquor License. City Clerk RaNae Edwards reported that an
application for a Class “D” Liquor License had been received from Y & N Liquor, LLC dba Y &
N Liquor, 409 N. Broadwell Avenue, Suite #4. Ms. Edwards presented the following exhibits for
the record: application submitted to the Liquor Control Commission and received by the City on
October 26, 2020; notice to the general public of date, time, and place of hearing published on
November 14, 2020; notice to the applicant of date, time, and place of hearing mailed on October
26, 2020. Staff recommended approval contingent upon final inspections. No public testimony
was heard.
Public Hearing on Acquisition of Public Access Easement in King’s Crossing Subdivision
(Parcel No. 400149117- Grand Island Hotel, LLC). Public Works Director John Collins reported
that acquisition of an easement located in King’s Crossing Subdivision was needed in order to
have public access to the recently developed and area yet to be developed, south of US Highway
34 and west of South Locust Street. Staff recommended approval. No public testimony was
heard.
Public Hearing on Acquisition of Public Right-of-Way for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No. 2020-D-2 (Irvine- Parcel No.
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Page 2, City Council Regular Meeting, November 24, 2020
400149524; North of Capital Avenue, East of North Road). Public Works Director John Collins
reported that acquisition of Public right-of-way located north of Capital Avenue and east of
North Road was needed to accommodate the drainage improvements along Capital Avenue from
North Road to Moores Creek. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Easement for Old Potash Highway Roadway
Improvements; Project No. 2019-P-1 (HMS Enterprises, Inc. - 3333 W Old Potash Highway).
Public Works Director John Collins reported that acquisition of a public easement located at
3333 W. Old Potash Highway was needed to accommodate the roadway improvements along
Old Potash Highway. Staff recommended approval. No public testimony was heard.
Public Hearing on Acquisition of Public Right-of-Way for Old Potash Highway Roadway
Improvements; Project No. 2019-P-1 (USCOC Nebraska/Kansas, LLC- 3560 Kaufman Avenue).
Public Works Director John Collins reported that acquisition of public right-of-way located at
3560 Kufman Avenue was needed to accommodate intersection improvements for the Old
Potash Highway Roadway Improvements; Project No. 2019-P-1. Staff recommended approval.
No public testimony was heard.
ORDINANCES:
#9795 - Consideration of Approving Annexation of Property Located at 4127 West
Husker Highway – Leaman Acres Subdivision (Final Reading)
Regional Planning Director Chad Nabity reported that Michael and Ralisa Leaman, husband and
wife, as owners of the property submitted a plat of Leaman Acres Subdivision an Addition to the
City of Grand Island. Three residential lots would be added to the City as a result of this
annexation. This property was located south of Husker Highway and east of Graham Avenue.
This was the final reading. Staff recommended approval.
Motion by Haase, second by Paulick to approve Ordinance #9795 on final reading.
City Clerk: Ordinance #9795 on final reading. All those in favor of the passage of this ordinance
on final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Steele: By reason of the roll call vote on final reading, Ordinance #9795 is declared to be
lawfully adopted upon publication as required by law.
Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9804 - Consideration of Approving City Code Amendments to Chapter 15, Electricity
Adoption of the 2020 National Electrical Code
#9805 - Consideration of Approving City Code Amendments to Chapter 18, Adoption of
the 2018 Edition of the Uniform Mechanical Codes
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Page 3, City Council Regular Meeting, November 24, 2020
#9806 - Consideration of Approving City Code Amendments to Chapter 26, Adoption of
the 2018 Uniform Plumbing Code
#9807 – Consideration of Approving City Code Amendment to Chapter 2, Health -
Prevention of COVID-19
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
#9804 - Consideration of Approving City Code Amendments to Chapter 15, Electricity
Adoption of the 2020 National Electrical Code
Building Department Director Craig Lewis reported that the City had for several decades
adopted and enforced electrical codes to safeguard persons and property from the hazards arising
from the use of electricity. The 2020 National Electric Code (NEC) was the current edition of the
national standard for the installation of electrical wiring systems. The proposed amendment to
Chapter 15 of the Grand Island City Code would adopt the current edition of the National
Electric Code. Staff recommended approval.
Motion by Minton, second by Schutz to approve Ordinance #9804.
City Clerk: Ordinance #9804 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9804 on second and final reading. All those in favor of this passage of
this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9804 is declared to be lawfully adopted upon publication as required by
law.
#9805 - Consideration of Approving City Code Amendments to Chapter 18, Adoption of
the 2018 Edition of the Uniform Mechanical Codes
Building Department Director Craig Lewis reported that the City of Grand Island had adopted
and enforced mechanical regulations for several years. Currently the 2015 Edition of the
Uniform Mechanical Code was adopted to provide minimum standards for the protection of the
public health, safety, and welfare in regard to mechanical installations and facilities. This
proposal was to amend the City Code to adopt the latest edition of the Uniform Mechanical
Code, that being the 2018 edition. Staff recommended approval.
Motion by Stelk, second by Paulick to approve Ordinance #9805.
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Page 4, City Council Regular Meeting, November 24, 2020
City Clerk: Ordinance #9805 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9805 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9805 is declared to be lawfully adopted upon publication as required by
law.
#9806 - Consideration of Approving City Code Amendments to Chapter 26, Adoption of
the 2018 Uniform Plumbing Code
Building Department Director Craig Lewis reported that the City of Grand Island had adopted
and enforced plumbing regulations for several decades. Currently the 2015 Edition of the
Uniform Plumbing Code was adopted to provide minimum standards for the protection of the
public health, safety, and welfare in regard to plumbing installations and facilities. This proposal
was to amend the City Code to adopt the latest edition of the Uniform Plumbing Code, that being
the 2018 Edition. Staff recommended approval.
Motion by Paulick, second by Hahnke to approve Ordinance #9806.
City Clerk: Ordinance #9806 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9806 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 Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9806 is declared to be lawfully adopted upon publication as required by
law.
#9807 – Consideration of Approving City Code Amendment to Chapter 2, Health -
Prevention of COVID-19
City Administrator Jerry Janulewicz reported that Teresa Anderson, Director of the Central
District Health Department, was recommending that the City of Grand Island adopt an ordinance
to require facial coverings as a means to prevent or retard the spread of COVID-19. The City
Council voted to create the Board of Health at their November 23, 2020 Special City Council
meeting. The Board of Health met on Tuesday, November 24, 2020 at noon and recommended
the City approve an ordinance requiring facial coverings. Staff recommended approval.
Interim City Attorney Stacy Nonhof explained the parameters of Ordinance #9807 and state
statutes requirement of a Health Board. Police Chief Robert Falldorf commented on the effects
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Page 5, City Council Regular Meeting, November 24, 2020
of COVID on his department due to illnesses and staff vacancies which caused a lot of problems
for them. Disinfecting equipment was taking time out of each officers work day. Stress among
the employees was mentioned. Fire Chief Cory Schmidt stated COVID calls had been climbing
and was a strain on his department. He had a total of 689 COVID calls since March with $48,000
paid in overtime.
Dr. Rebecca Steinke commented on the number of patients in the hospital and how fast they
were climbing. Mentioned was the stress on personnel. She stated if the numbers continue as
they had been the hospitals would be overwhelmed by Christmas.
Dr. Libby Crocket gave a PowerPoint presentation on the background of COVID. Of the people
who contacted COVID about 80% had mild symptoms. Children were affected differently and
normally had mild symptoms. 31% of deaths in Nebraska had happened in November. Reducing
the number of patients in the hospital was the goal of having a mask mandate.
Central District Health Department Director Teresa Anderson gave a PowerPoint presentation
encouraging the Council to approve Ordinance #9807. She stated wearing masks were proven to
reduce the spread of COVID. Reviewed were numbers for Grand Island showing a spike in
positive COVID cases in November. She stated contact tracing was a challenge because of the
numbers. Mentioned was hopefully a vaccine would be here soon.
The following people spoke:
Lisa Albers, 2012 Barbara Avenue – support
Diana Barragan, 1408 5th Street – support
Ron Depue, 1508 Warbler Circle – support
Matt Chavez, 2324 Wheeler Street – support
Adam Condon, 250 West 4th Street – opposed
Matt Sibley, 319 Pheasant Drive – opposed
Dustin Hobbs, 511 West Avenue – opposed
Eric Christensen, 2610 South Engleman Road – opposed
Shawn Myer, 825 Phoenix Court – opposed
Kyle Wade, 4229 Augusta Parkway – opposed
William Long, 1501 West Division Street – opposed
Celeste Heaivilin Penner, 107 East Green Street, Wood River, NE – opposed
Shree Arends, 5688 North Webb Road – opposed
Lance Klanecky, 215 West South Street – opposed
Peggy Klanecky, 215 West South Street – opposed
Barry Hall, 106 West 6th Street - support
Mayor Steele stated this recommendation came before the City Council from the Board of Health
and himself. Due to the numbers growing at an alarming rate and the hospitals becoming
overwhelmed he was recommending approval of Ordinance #9807.
Council made comments about the benefits of a mask mandate. Interim City Attorney Stacy
Nonhof explained the requirements for businesses that don’t have a mask mandate. If a business
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Page 6, City Council Regular Meeting, November 24, 2020
has a mandate it would supersede the City mandate. Police Chief Falldorf answered questions
concerning enforcement. Mayor Steele stated we would work with the Central District Health
Department in getting information out to the public about the mask mandate.
Motion by Stelk, second by Haase to approve Ordinance #9807.
City Clerk: Ordinance #9807 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmembers Conley, Haase,
Hehnke, Minton, Nickerson, Paulick, Schutz, and Stelk voted aye. Councilmembers Jones and
Scott voted no. Motion adopted.
City Clerk: Ordinance #9807 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,
Councilmembers Conley, Haase, Hehnke, Minton, Nickerson, Paulick, Schutz, and Stelk voted
aye. Councilmembers Jones and Scott voted no. Motion adopted.
Mayor Steele: By reason of the roll call votes on first reading and then upon second and final
readings, Ordinance #9807 is declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Motion by Paulick, second by Stelk to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of November 10, 2020 City Council Regular Meeting.
Approving Re-Appointments of Hector Rubio, Robin Hendricksen, and Tony Randone to the
Interjurisdictional Planning Commission.
Approving Appointments of Austin (AJ) Fruchtl and Jay Vavricek to the Railside Business
Improvement District.
#2020-294 - Approving Request from Y & N Liquor, LLC dba Y & N Liquor, 409 N. Broadwell
Avenue, Suite #4 for a Class “D” Liquor License and Liquor Manager Designation for Yasser
Toruno Garcia, 1522 West 1st Street.
#2020-295 - Approving Final Plat and Subdivision Agreement for Leaman Acres Subdivision. It
was noted that Michael and Ralisa Leaman, owners, had submitted the Final Plat and
Subdivision Agreement for Leaman Acres Subdivision located west of North Road and south of
Husker Highway for the purpose of creating 3 lots on 9.96 acres.
#2020-296 - Approving Final Plat and Subdivision Agreement for Bosselman Crossing
Subdivision. It was noted that Bosselman Pump & Pantry, Inc., owner, had submitted the Final
Plat and Subdivision Agreement for Bosselman Crossing Subdivision located south of U.S.
Highway 34 and west of South Locust Street for the purpose of creating 2 lots on 3.310 acres.
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Page 7, City Council Regular Meeting, November 24, 2020
#2020-297 - Approving Final Plat and Subdivision Agreement for Bosselville Sixth Subdivision.
It was noted that Bosselman, Inc., owner, had submitted the Final Plat and Subdivision
Agreement for Bosselville Sixth Subdivision located west of U.S. Highway 281 and north of
Wood River Road for the purpose of creating 5 lots on 16.547 acres.
#2020-298 - Approving Final Plat and Subdivision Agreement for Continental Gardens Second
Subdivision. It was noted that Principal Life Insurance Co., owner, had submitted the Final Plat
and Subdivision Agreement for Continental Gardens Second Subdivision located north of State
Street and east of Webb Road for the purpose of creating 2 lots on 13.56 acres.
#2020-299 - Approving Final Plat and Subdivision Agreement for NCC-1701B Subdivision. It
was noted that Clarice Shaw, owner, had submitted the Final Plat and Subdivision Agreement for
NCC-1701B Subdivision located west of Webb Road and north of Capital Avenue for the
purpose of creating 2 lots on 1.07 acres.
#2020-300 - Approving Certificate of Final Completion - Water Main Project 2020-W-1 -
Lincoln and Delta with the Diamond Engineering Company of Grand Island, Nebraska.
#2020-301 - Approving Change Order #1 - Water Main Project 2020-W-5 - Pleasant View Drive
and Delaware Avenue with Starostka Group Unlimited, Inc. of Grand Island, Nebraska for an
Decrease of $8,510.60 and a Revised Contract Amount of $90,344.46.
#2020-302 - Approving Acquisition of Public Access Easement in King’s Crossing Subdivision
(Parcel No. 400149117- Grand Island Hotel, LLC).
#2020-303 - Approving Change Order No. 2 for Moores Creek Drain Extension- North Road to
Engleman Road; Project No. 2020-D-1 with Mid Nebraska Land Developers, LLC of Aurora,
Nebraska for an Increase of $17,138.50 and a Revised Contract Amount of $256,731.70.
#2020-304 - Approving Change Order No. 2 for the 2020 Asphalt Resurfacing Project No. 2020-
AC-1 with Gary Smith Construction Co., Inc. of Grand Island, Nebraska for an Extension from
November 15, 2020 to July 1, 2021.
#2020-305 - Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Transportation for Calendar Year 2021.
#2020-306 - Approving Acquisition of Public Right-of-Way for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No. 2020-D-2 (Irvine- Parcel No.
400149524; North of Capital Avenue, East of North Road).
#2020-307 - Approving Temporary Construction Easement for Capital Avenue Drainage
Improvements- North Road to Moores Creek; Project No. 2020-D-2 (Parcel No. 400149524-
Irvine - North of Capital Avenue, East of North Road).
#2020-308 - Approving Acquisition of Public Easement for Old Potash Highway Roadway
Improvements; Project No. 2019-P-1 (HMS Enterprises, Inc. - 3333 W Old Potash Highway).
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Page 8, City Council Regular Meeting, November 24, 2020
#2020-309 - Approving Temporary Construction Easement for Old Potash Highway Roadway
Improvements; Project No. 2019-P-1 (HMS Enterprises, Inc.- 3333 W Old Potash Highway,
USCOC Nebraska/Kansas, LLC- 3560 Kaufman Avenue).
#2020-310 - Approving Acquisition of Public Right-of-Way for Old Potash Highway Roadway
Improvements; Project No. 2019-P-1 (USCOC Nebraska/Kansas, LLC- 3560 Kaufman Avenue).
#2020-311 - Year-End Certification of City Street Superintendent for Determining Incentive
Payment for Calendar Year 2020. It was noted that Shannon Rose Callahan, License Number S-
1485 has been employed as Grand Island Street Superintendent since August 8, 2011.
#2020-312 - Approving Agreement with Nebraska Department of Transportation (NDOT) for
Highway 2 Improvements; Cairo to Grand Island.
#2020-313 - Approving Bid Award for Capital Avenue Drainage Improvements- North Road to
Moores Creek; Project No. 2020-D-2 with Van Kirk Bros. Contracting of Sutton, Nebraska in an
Amount of $215,348.70.
#2020-314 - Approving Lease Purchase of a new Street Sweeper and a New Front-End Loader
Mounted Snow Heaver for the Streets Division of the Public Works Department with Nebraska
Environmental Products of Lincoln, Nebraska in an Amount of $387,176.20.
#2020-315 - Approving Bid Award for Watch Guard 4RE/V300 Integrated In-Car and Body
Worn Video Solution for the Police Department with WatchGuard Video, Inc. of Allen, Texas in
an Amount of $239,870.00.
RESOLUTIONS:
#2020-316 - Consideration of Approving Management of Jackrabbit Run Golf Course. This item
was pulled from the agenda at the request of Councilmember Paulick.
PAYMENT OF CLAIMS:
Motion by Minton, second by Conley to approve the payment of claims for the period of
November 11, 2020 through November 24, 2020 for a total amount of $3,365,811.43.
Councilmember Haase questioned two claims on page 29 of the Schedule of Bills. One for
$500.00 for life guard commercials and the other for $1,895.00 for Community Publishers.
Motion by Haase, second by Schutz to amend the motion and remove the Community Publishers
claim in the amount of $1,895.00. Upon roll call vote, all voted aye. Motion adopted.
Motion by Minton, second by Henke to refer the Community Publishers claim in the amount of
$1,895.00 to the December 8, 2020 City Council meeting. Upon roll call vote, all voted aye.
Motion adopted.
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Page 9, City Council Regular Meeting, November 24, 2020
Upon roll call vote of the main motion to approve the payment of claims for the period of
November 11, 2020 through November 24, 2020 for a total amount of $3,363,916.43. Upon roll
call vote, all voted aye. Councilmember Haase voted no on the $500.00 for life guard
commercials. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 11:02 p.m.
RaNae Edwards
City Clerk
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -3
Approving Payment of Claim to Community Publishers
The City Council removed the claim to Community Publishers in the amount of $1,895.00 from the
November 24, 2020 City Council meeting and referred it to the December 8, 2020 meeting. A motion is
in order.
Staff Contact: Todd McCoy
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -4
Approving Payment of Claims for the Period of November 25, 2020
through December 8, 2020
The Claims for the period of November 25, 2020 through December 8, 2020 for a total amount of
$5,626,336.48. A MOTION is in order.
Staff Contact: Patrick Brown
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -5
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 3, 2020 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 8, 2020
Council Session
Item -6
Comments by Outgoing Elected Official - Councilmember Jeremy
Jones – Ward 1
This is an opportunity for comments by outgoing elected Official - Councilmember Jeremy Jones.
Staff Contact: RaNae Edwards
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -7
Comments by Outgoing Elected Official - Councilmember Julie
Hehnke – Ward 3
This is an opportunity for comments by outgoing elected Official - Councilmember Julie Hehnke.
Staff Contact: RaNae Edwards
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -8
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: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 27 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -9
Administration of Oath to Newly Elected Councilmembers
City Clerk RaNae Edwards will administer the Oath of Office to newly Elected Councilmember's
Michelle Fitzke - Ward 1 and Bethany Guzinski - Ward 3 and the three returning Councilmember's
Mark Stelk - Ward 2, Mike Paulick - Ward 4, and Chuck Haase - Ward 5.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 28 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -10
Seating of Newly Elected Councilmembers followed by Roll Call
Following the administration of the Oath of Office to Councilmember's Michelle Fitzke, Mark Stelk,
Bethany Guzinski, Mike Paulick , and Chuck Haase, seating will take place at the City Council table.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 29 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -11
Comments by Newly Elected Officials
At this time comments will be made by the newly elected Officials.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 30 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item -12
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: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 31 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-1
Public Hearing on Request from Chicken Coop of Grand Island,
Inc. dba Chicken Coop Sports Bar and Grill, 103 East 3rd Street
for an Addition to Class "CG-062016" Liquor License
Council action will take place under Consent Agenda item G-2.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 32 / 233
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:December 8, 2020
Subject:Public Hearing on Request from Chicken Coop of Grand
Island, Inc. dba Chicken Coop Sports Bar and Grill, 103
East 3rd Street for an Addition to their Class “CG-
062016” Liquor License
Presenter(s):RaNae Edwards, City Clerk
Background
Chicken Coop of Grand Island, Inc., dba Chicken Coop Sports Bar and Grill, 103 East 3rd
Street has submitted an application for an addition to their Class “CG-062016” Liquor
License. The request is to add a storage area of approximately 26’ x 42’ (former brewery
area) to their current license.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, and Health Departments.
The request is to add a storage area of approximately 26’ x 42’ (former brewery area) to
their current license. Staff is recommending approval contingent upon final inspections.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
2.Forward to the Nebraska Liquor Control Commission with no
recommendation.
3.Forward to the Nebraska Liquor Control Commission with recommendations.
4.Deny the application.
Grand Island Council Session - 12/8/2020 Page 33 / 233
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application
contingent upon final inspections.
Sample Motion
Move to approve the application for an addition to Chicken Coop of Grand Island, Inc.,
dba Chicken Coop Sports Bar and Grill, 103 East 3rd Street for an addition to their Class
“CG-062016” Liquor License.
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Grand Island Council Session - 12/8/2020 Page 35 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-2
Public Hearing on Acquisition of Utility Easement - 3447 North
Highway 281 - Kramer's Auto Parts and Iron Company, Inc.
Council action will take place under Consent Agenda item G-4.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 12/8/2020 Page 36 / 233
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:December 8, 2020
Subject:Acquisition of Utility Easement – 3447 N. Highway 281 -
Kramer’s Auto Parts and Iron Company, Inc.
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire a twenty (20.0) foot utility easement
relative to the property Kramer’s Auto Parts and Iron Company, Inc., through a part the
Southwest Quarter (SW ¼) of Section Thirty-Three (33), Township Twelve (12) North,
Range Nine (9) West of the 6th P.M., in Hall County, Nebraska (3447 N. Highway 281),
in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers.
Discussion
Kramer’s Auto Parts and Iron Company, Inc., located at 3447 North Highway 281 has
requested a new three-phase electrical service for an iron crusher. Approximately 275
linear feet of 4” PVC conduit with 1/0 cable and a 500 KVA pad-mount transformer will
be installed to accommodate the new service. The proposed easement will allow the
Utilities Department to install, access, operate and maintain the electrical infrastructure at
this location.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Make a motion to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
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Grand IslandCouncil Session - 12/8/2020Page 38 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-3
Public Hearing on Request from Island Landhandlers, Inc. for a
Conditional Use Permit for a Sand and Gravel Operation located
at 3812 South Blaine Street
Council action will take place under Request and Referrals item H-2.
Staff Contact: Craig Lewis
Grand Island Council Session - 12/8/2020 Page 39 / 233
Council Agenda Memo
From :Craig A. Lewis, Building Department Director
Meeting: December 8, 2020
Subject:Public Hearing on Request of Gordon & Cara Glade & Gerald
Williams of Island Landhandlers, Inc. for a Conditional Use
Permit to allow continued Operation of a Sand and Gravel
Pumping Facility at 3812 S. Blaine Street
Presenter Craig A. Lewis, Building Department Director
Background
This request is for Council approval to allow for an additional ten years of operation of a
sand and gravel facility at the above referenced address. Approval of the City Council
was granted on December 21, 2010 for a ten year period. A conditional use permit is
required as the current zoning classification TA (transitional agricultural) does not allow
for this type of use as a permitted principal use. The zoning classification does list as a
permitted conditional use, commercial mines, quarries, sand and gravel pits and
accessory uses. Conditional uses as listed in the zoning code must be approved or denied
by the City Council in the form of a conditional use after a finding that the proposed use
will or will not comply with the purposes as identified in the Code.
Section 36-2 of the Grand Island Zoning Code, Purposes: This chapter has been made in
accordance with a comprehensive plan and to promote the health, safety, and general
welfare of the community; to lessen congestion in streets; to secure safety from fire and
other dangers; to provide adequate light and air; to promote the distribution of population,
land classifications and land development to support provisions for adequate
transportation, water flows, water supply, drainage, sanitation, recreation, and other
public requirements; to protect property against blight and depreciation; and to secure
economy in government expenditures.
Discussion:
Sand and gravel operations have been a part of the Grand Island and surrounding areas
for a long time, as residential development continues to expand and the uses become
closer neighbors, more conditions need to be implemented to assure compatible and
harmonious existence for both uses.
City administration has developed the following restrictions, or conditions which appear
appropriate to impose upon sand and gravel operations.
Grand Island Council Session - 12/8/2020 Page 40 / 233
1). USE: The proposed uses are limited to those listed in the application, sand and gravel
pumping processing, storage, stocking piling, distribution, and sales, both wholesale and
retail. Retail sale may also include the sale of black dirt, river rock, and similar
landscaping materials. The storage, recycling, or processing of other aggregate materials,
such as asphalt or concrete is not allowable unless specifically listed, nor are the
operation of concrete or asphalt batch plants. Neither of these operations have been
requested in this application.
2). CLOSURE: A statement on the application identifies the proposed use of the
property after the closing of the sand and gravel operation as a single family dwelling.
3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to
exceed 10 years with the possibility of renewal for an additional time at the end of the 10
year period.
(b).Pumping of product shall not be allowed within 150 feet of any public road right of
way and protected by a 6 foot earthen berm during pumping. The finished width of
developable property adjacent to the public right of way shall be a minimum 300 feet at
the time of termination of the operation. A setback of 100 feet from any adjacent property
line, and a setback of 250 feet from the Central Platte Natural Resources District Wood
River Diversion Channel Levee property shall be maintained between the pumping
operations.
(c).Pumping and other activities (including lighting) at the site shall be limited to daylight
hours (15) minutes before sunrise and (15) minutes after sunset Mondays through
Saturdays. No pumping or other processing activities shall be permitted on Sundays or
from fifteen minutes after sunset to fifteen minutes before sunrise. One exception to this
condition shall be in the months of March, April, October, and November activities may
operate from 6:00a.m. to 7:00p.m.to allow for winter condition.
(d). Any internal combustion pump motors utilized shall be equipped with a functioning
“hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels.
(e). Materials and equipment shall not be stored on the property within any easements or
the regulated floodway as determined by the Federal Emergency Management Agency or
its successor and the entity with jurisdiction and authority to enforce floodplain
regulations. There is currently along the east edge of the property a 45’ electrical
easement and an existing transmission line, no product, material or equipment shall be
stored within that easement or in such a manor that it would violate any safety provisions
of the National Electric Safety Code, nor shall the existing grade elevations be altered.
(f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon
as practical and such real estate must, at all times, be kept in a clean and neat condition.
(g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any
nature whatsoever shall be dumped, placed or located upon such real estate.
(h). Applicant shall not use the real estate in any way so as to create or result in an
unreasonable hazard or nuisance to adjacent land owners or to the general public.
(i). Applicant shall maintain any and all drainage ditches that may be located upon the
real property.
(j). Applicant shall not permit the hauling of sand and gravel form the premises and over
and across any public highway or road unless said sand and gravel is complete dry and
Grand Island Council Session - 12/8/2020 Page 41 / 233
free from water or is hauled in trucks which are designed and equipped so as to prevent
water from leaking onto the traveled portion of the roadbed.
(k). All water accumulated upon the premises by virtue of such mining and pumping
operations shall be retained upon the premises and shall not flow upon or encroach upon
any adjacent land. Only surface waters that have historically flowed from the premises
shall be permitted to leave the same through historical natural drainage ways.
(l). Applicant shall begin the mining operation within a period of 18 months from the
issuance of this permit or if the applicant fail to begin operations within the 18 months
the permit shall be considered null and void and subject to reapplication and rehearing.
Additionally if at anytime during the life of the permit issued the operation shall cease for
a period of a continuous 18 months the permit shall become void and a renewal shall be
obtained before becoming once again operational.
It appears that this application and proposal will meet or exceed the established
conditions as the proposed setbacks exceed those minimum required and provides for
earthen berms and plantings to buffer adjacent properties.
ALTERNATIVES:
It appears the Council has the following alternatives concerning the issue:
1. Approve the request with the proposed conditions, finding that the proposed
application is and will continue to be in conformance with the purpose of the
zoning regulations.
2. Deny the request, finding that the proposed application does not conform to the
purpose of the zoning regulations.
3. Approve the request with additional or revised conditions and findings of fact.
4. Refer the matter to a special committee for a determination of a finding of fact.
RECOMMENDATION:
Approve the request with the identified setbacks, screening berms, and plantings and
conditions presented by City Administration, finding that the proposed use and
application promotes the health, safety, and general welfare of the community, protects
property against blight and depreciation, and is generally harmonious with the
surrounding neighborhood.
SAMPLE MOTION:
Move to approve the conditional use as proposed in the application and including the
conditions identified by the City Administration, published in the Council packet and
presented at the Council meeting and finding that the applications conforms with the
purpose of the zoning regulations.
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-4
Public Hearing on Acquisition of Real Estate Property Described
as a Triangular Tract of Land Lying North of the Intersection of
South Webb Road and U.S. Highway 281
Council action will take place under Consent Agenda item G-16.
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 12/8/2020 Page 46 / 233
Council Agenda Memo
From:Jerry Janulewicz, City Administrator
Meeting:December 8, 2020
Subject:Densel’s Dream – Sculpture at U.S. Highway 281 and
South Webb Road
Presenter(s):Jerry Janulewicz, City Administrator
Background
The Grand Island Partnership for the Arts (GIPA) is seeking funding for the commission
and installation of a sculpture to honor Densel Rasmussen to be located near the
intersection of US Highway 281 and South Webb Road on land currently owned by the
State of Nebraska Department of Transportation (NDOT). The land can be acquired by
the City at no cost if used for highway beautification purposes. On October 8, 2019, the
Grand Island City Council approved Resolution #2019-310 granting preliminary approval
from the City Council for the City’s acquisition the parcel of land, 0.373 acres in size,
from the Nebraska Department of Transportation. When Resolution 2019-310 was
adopted, it was believed the preliminary approval would provide support for GIPA’s
fundraising efforts. GIPA is now requesting that the City move forward with acquisition
of the property so they can be assured of the property’s availability. If transfer of the
property is requested by the City, NDOT will convey the land to the City at no charge. If
the sculpture project does not take place, the land will revert to NDOT unless another
highway beautification project is approved by NDOT.
An image of the proposed sculpture, information from the artist, and a drawing of the site
are attached. The proposed site is located immediately north of the intersection of U.S.
Highway 281 and South Webb Road.
Discussion
The proposed site is a portion of land acquired by the State of Nebraska for highway
right-of-way within the City’s municipal boundaries. As such, mowing is currently the
responsibility of the city pursuant to an agreement with NDOT. GIPA anticipates the
placement of the sculpture at this site will present no greater maintenance burden to the
city than what is currently required, which is minimal mowing to road right-of-way
standards.
Grand Island Council Session - 12/8/2020 Page 47 / 233
When Resolution #2019-310 was adopted, the City Council was informed that a request
for transfer of the site would take place when the following conditions occurred:
1.GIPA has secured sufficient funds in cash, grants, and pledges for all project
expenses and an endowment fund for future expenses.
2.GIPA and City have executed an acceptable license agreement addressing site
development, future maintenance, utilities, and related issues.
As noted above, GIPA is requesting that the City Council approve a Resolution for a
request by the City to NDOT for transfer of this parcel. If a resolution is approved
Administration will request a transfer of the property to the City. Approval of a license
agreement for placement of the sculpture would not take place until an acceptable license
agreement is negotiated with GIPA and there is sufficient assurance of funding for future
project maintenance.
As this matter involves the acquisition of real estate, a public hearing on the matter is
scheduled.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution.
Sample Motion
Move to approve the resolution.
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City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-5
Public Hearing on Acquisition of Public Right-of-Way for North
Road- 13th Street to Highway 2 Roadway Improvements; Project
No. 2019-P-5 (Peace Lutheran Church of Grand Island, Nebraska-
1710 N North Road)
Council action will take place under Consent Agenda item G-10.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 55 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Public Hearing on Acquisition of Public Right-of-Way
for North Road- 13th Street to Highway 2 Roadway
Improvements; Project No. 2019-P-5 (Peace Lutheran
Church of Grand Island, Nebraska- 1710 N North Road)
Presenter(s):John Collins PE, Public Works Director
Background
The North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5
is for the improvement of North Road from just north of 13th Street to Highway 2. The
Engineering Division of the Public Works Department is proposing a concrete curb and
gutter roadway section with associated sidewalk, traffic control, drainage and related
improvements needed to complete the project.
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council.
Discussion
Public right-of-way is needed to accommodate intersection improvements for the North
Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5. The
property owner has signed the necessary document to grant the property, as shown on the
attached drawing.
Engineering staff of the Public Works Department negotiated with the property owner for
such purchase.
Property
Owner
Legal Description Amount
Peace Lutheran
Church of
Grand Island,
Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN
THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1,
PEACE LUTHERAN THIRD SUBDIVISION; THENCE
$843.00
Grand Island Council Session - 12/8/2020 Page 56 / 233
N89O23’02”W (ASSUMED BEARING) ON THE NORTH LINE
OF SAID LOT 1, A DISTANCE OF 45.00 FEET; THENCE
S60O41’04”E, A DISTANCE OF 52.04 FEET TO THE EAST
LINE OF SAID LOT 1; THENCE N00O52’18”W ON SAID
EAST LINE, A DISTANCE OF 25.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 562 SQUARE FEET, MORE OR
LESS.
TOTAL= $843.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council conduct a Public Hearing and approve
acquisition of the public right-of-way from the affected property owner, in the amount of
$843.00.
Sample Motion
Move to approve the acquisition.
Grand Island Council Session - 12/8/2020 Page 57 / 233
N89°23'02"W
(ASSUMED BEARING)
45.00'
S6
0
°
4
1
'
0
4
"
E
5
2
.
0
4
'N00°52'18"W 25.00'DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
11
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
NEW RIGHT OF WAY EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 10/2/2020 11:19 AM.
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Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
POINT OF BEGINNING
NE COR. LOT 1
(NEW RIGHT OF WAY)
NE COR. SE1/4
SEC. 11-T11N-R10W
CANNON ROAD
NORTH ROADLOT 1
NEW RIGHT OF WAY (562 SQ.FT.)
SECTION LINE
RIGHT OF WAY AREA
EXISTING 15' SIDEWALK AND
TRAIL EASEMENT
NW COR.
LOT 1
LOT 2
PEACE
L
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H
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T
H
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SUBD
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V
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S
I
O
N
NEW RIGHT OF WAY DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD
SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER
OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE N89°23'02"W
(ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
45.00 FEET; THENCE S60°41'04"E, A DISTANCE OF 52.04 FEET TO THE EAST
LINE OF SAID LOT 1; THENCE N00°52'18"W ON SAID EAST LINE, A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 562 SQUARE FEET,
MORE OR LESS.
Grand Island Council Session - 12/8/2020 Page 58 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-6
Public Hearing on Acquisition of Public Utility Easement for North
Road- 13th Street to Highway 2 Roadway Improvements; Project
No. 2019-P-5 (Peace Lutheran Church of Grand Island, Nebraska-
1710 N North Road)
Council action will take place under Consent Agenda item G-11.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 59 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Public Hearing on Acquisition of Public Utility Easement
for North Road- 13th Street to Highway 2 Roadway
Improvements; Project No. 2019-P-5 (Peace Lutheran
Church of Grand Island, Nebraska- 1710 N North Road)
Presenter(s):John Collins PE, Public Works Director
Background
The North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5
is for the improvement of North Road from just north of 13th Street to Highway 2. The
Engineering Division of the Public Works Department is proposing a concrete curb and
gutter roadway section with associated sidewalk, traffic control, drainage and related
improvements needed to complete the project.
Nebraska State Statutes stipulate that the acquisition of property requires a public hearing
to be conducted with the acquisition approved by the City Council.
Discussion
A public utility easement is needed to accommodate the roadway improvements along
North Road. The property owner has signed the necessary document to grant the
property, as shown on the attached drawing.
Engineering staff of the Public Works Department negotiated with the property owner for
such purchase.
Property
Owner Legal Description Amount
Peace
Lutheran
Church of
Grand Island,
Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN
THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHEAST CORNER OF LOT 1,
PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N89O23’02”W (ASSUMED BEARING) ON THE NORTH LINE
OF SAID LOT 1, A DISTANCE OF 45.00 FEET TO THE POINT
$1,409.25
Grand Island Council Session - 12/8/2020 Page 60 / 233
OF BEGINNING; THENCE S60O41’04”E, A DISTANCE OF 52.04
FEET TO THE EAST LINE OF SAID LOT 1; THENCE
S00O52’18”E ON SAID EAST LINE, A DISTANCE OF 16.20
FEET; THENCE N60O41’04”W, A DISTANCE OF 55.56 FEET;
THENCE N89O23’02”W, PARALLEL WITH AND 14.50 FEET
DISTANT FROM SAID NORTH LINE, A DISTANCE OF 76.33
FEET; THENCE N00O36’58”E, PERPENDICULAR TO SAID
NORTH LINE, A DISTANCE OF 14.50 FEET TO SAID NORTH
LINE; THENCE S89O23’02”E ON SAID NORTH LINE, A
DISTANCE OF 79.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 1879 SQUARE FEET, 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 conduct a Public Hearing and approve
acquisition of the public utility easement from the affected property owner for North
Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5, in the
amount of $1,409.25.
Sample Motion
Move to approve the acquisition.
Grand Island Council Session - 12/8/2020 Page 61 / 233
N00°36'58"E14.50'S6
0
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1
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4
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E
5
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W
5
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S89°23'02"E 79.00'S00°52'18"E16.20'N89°23'02"W 76.33'
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
11
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
PERMANENT DRAINAGE EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
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800.723.8567
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Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
NE COR. LOT 1
NE COR. SE1/4
SEC. 11-T11N-R10W
PERMANENT DRAINAGE
EASEMENT (1,879 SQ.FT.)
CANNON ROAD
NORTH ROADLOT 1
POINT OF BEGINNING
(PERMANENT DRAINAGE EASEMENT)
SECTION LINE
PERMANENT DRAINAGE EASEMENT AREA
EXISTING 15' SIDEWALK AND
TRAIL EASEMENT
NW COR.
LOT 1
LOT 2
N89°23'02"W
(ASSUMED BEARING)
124.00'
PEACE
L
U
T
H
E
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A
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H
I
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D
SUBDI
V
I
S
I
O
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PERMANENT DRAINAGE EASEMENT DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO
THE NORTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N89°23'02"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 45.00
FEET TO THE POINT OF BEGINNING; THENCE S60°41'04"E, A DISTANCE OF 52.04 FEET TO THE
EAST LINE OF SAID LOT 1; THENCE S00°52'18"E ON SAID EAST LINE, A DISTANCE OF 16.20 FEET;
THENCE N60°41'04"W, A DISTANCE OF 55.56 FEET; THENCE N89°23'02"W, PARALLEL WITH AND
14.50 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 76.33 FEET; THENCE N00°36'58"E,
PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 14.50 FEET TO SAID NORTH LINE;
THENCE S89°23'02"E ON SAID NORTH LINE, A DISTANCE OF 79.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1879 SQUARE FEET, MORE OR LESS.
Grand Island Council Session - 12/8/2020 Page 62 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item E-7
Public Hearing on Acquisition of Permanent Utility Easement for
Sanitary Sewer District No. 544; Ellington Pointe and Westwood
Park Subdivisions at 4022 Driftwood Drive (Thomson)
Council action will take place under Consent Agenda item G-13.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 63 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Public Hearing on Acquisition of Permanent Utility
Easement for Sanitary Sewer District No. 544; Ellington
Pointe and Westwood Park Subdivisions at 4022
Driftwood Drive (Thomson)
Presenter(s):John Collins PE, Public Works Director
Background
A public utility easement is needed to accommodate the extension of sanitary sewer to
serve an area previously unserved that is located within the new subdivision of Ellington
Pointe and the existing subdivision of Westwood Park (see attached sketch). The public
utility easement will allow for the construction, operation, maintenance, extension, repair,
replacement, and removal of sanitary sewer within the easement.
The Engineering Division of the Public Works Department received a petition for
creation of a Sanitary Sewer District to serve the new subdivision of Ellington Pointe and
the existing subdivision of Westwood Park.
Sanitary Sewer District No. 544 was created by the City Council on January 28, 2020, via
Ordinance No. 9755. Legal notice of the creation of the District was published in the
Grand Island Independent on February 3, 2020, with notification mailed to all involved
property owners.
City Council continued the creation of Sanitary Sewer District No. 544 on March 24,
2020, via Resolution No. 2020-78, with only one (1) protest being filed against this
district. The owner represented 120.00 front feet, or 1.76% of the total district frontage of
6,802.11 feet.
Discussion
A public easement is needed to accommodate the construction of Sanitary Sewer District
No. 544; Ellington Pointe & Westwood Park Subdivisions. The property owner has
signed the necessary document to grant the property, as shown on the attached drawing,
at no cost.
Grand Island Council Session - 12/8/2020 Page 64 / 233
Property Owner Legal Description
Allan J. Thomson and
Maureen A. Thomson
THE WEST FOURTEEN (14) FEET OF LOT FOUR (4) IN WESTWOOD
PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve acquisition of the necessary
permanent utility easement.
Sample Motion
Move to approve the acquisition of the necessary permanent utility easement.
Grand Island Council Session - 12/8/2020 Page 65 / 233
LOT 3WESTWOOD PARK SUBDIVISIONLOT 4WESTWOOD PARK SUBDIVISIONLOT 5WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 48' EXISTING EASEMENT4' EXISTING EASEMENTDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #3 DESCRIPTIONPERMANENT UTILTIY EASEMENT #3 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE WEST TWENTY (20) FEET OF LOT FOUR (4) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE WEST FOURTEEN (14) FEET OF LOT FOUR (4) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND3PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 12/8/2020Page 66 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item F-1
#9808 - Consideration of Approving City Code Amendments to
Chapter 16, Adoption of the 2018 International Fire Code
Staff Contact: Fred Hotz
Grand Island Council Session - 12/8/2020 Page 67 / 233
Council Agenda Memo
From:Fred Hotz, Fire Prevention Division Chief
Meeting:December 8, 2020
Subject:Amendment to Chapter 16 of the Grand Island City Code
to Adopt the 2018 International Fire Code
Presenter(s):Fred Hotz, Fire Prevention Division Chief
Background
The City of Grand Island has for generations adopted and enforced fire codes which
regulate the construction of buildings within the City for the purpose of ensuring life
safety and protecting property from fire and to provide safety to firefighters and
emergency responders during emergency operations.
Discussion
The City currently adopts and enforces the 2015 Edition of the International Fire Code as
published by the International Code Council. The Building Code Advisory Board has
recently reviewed the 2018 edition of the International Building Code and
recommended its adoption with the revisions as outlined and adopted in last council
meeting 11/10/2020. The Fire Prevention Division recommends the adoption of the
“sister” code to this Building Code, the International Fire Code 2018 edition, with the
revisions as outlined in the attached amended Chapter 16 of the City Code.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Approve the request and amend the City Code to adopt the International
Fire and Residential code.
2.Disapprove or /Deny the request.
3.Modify the conditional use to meet the wishes of the Council
4.Table the issue
Grand Island Council Session - 12/8/2020 Page 68 / 233
Recommendation
City Administration recommends that Council approve the recommendation of the Fire
Prevention Division and begin enforcement January 1, 2021.
Sample Motion
Move to approve amending Chapter 16 of the Grand Island City Code and adopting
the 2018 Edition of the International Fire code and associated amendments.
Grand Island Council Session - 12/8/2020 Page 69 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
ORDINANCE NO. 9808
An ordinance to amend Chapter 16 of Grand Island City Code; to amend
Sections 16-1, 16-3.4, 16-3.5, 16-3.8, 16-3.9 and 16-3.10; to clarify and/or make general
corrections to various code sections, to repeal any ordinance or parts of ordinances in
conflict herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA:
SECTION 1. Sections 16-1, 16-3.4, 16-3.5, 16-3.8, 16-3.9 and 16-3.10 of the
Grand Island City Code Chapter 16 are amended to read as follows:
§16-1. International Fire Code (IFC) Adopted
The International Fire Code, 2015 2018 Edition, published by the International Code
Council, is hereby adopted, except for such portions as heretofore or hereafter have been deleted,
modified, or amended by ordinance and set forth in this Code. The following sections of the
Appendix shall also be adopted:
Appendix B – Fire Flow Requirements for Buildings
Appendix C – Fire Hydrant Locations and Distribution
Appendix D – Fire Apparatus Access Roads
Appendix E – Hazard Categories
Appendix F – Hazard Rankings
Appendix I – Fire Protection Systems-Noncompliant Conditions
Appendix K – Construction Requirements For Existing Ambulatory Care Facilities
Appendix N – Indoor Trade Shows and Exhibitions
One copy of said Code shall be filed in the office of the City Clerk as provided by law.
§16-3.4. IFC – Amendment of Section 109.4
Section 109.4 of the International Fire Code is hereby amended to read as follows:
109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or do
work in violation of the approved construction documents or directive of the fire code official, or
of a permit or certificate used under provisions of this code, shall be subject to penalties as
prescribed by law. Each day that a violation continues after due notice has been served shall be
deemed a separate offense.
§16-3.5. IFC – Amendment of Section 111.4112.4
Section 111.4 112.4 of the International Fire Code is hereby amended to read as follows:
111.4 112.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
§16-3.8. IFC – Amendment of Section 106.2 107.2
Section 106.2 107.2 of the International Fire Code is hereby amended to read as follows:
106.2 Inspections. The fire code official is authorized to conduct such inspections as are deemed
Grand Island Council Session - 12/8/2020 Page 70 / 233
ORDINANCE NO. 9808 (Cont.)
2
necessary to determine the extent of compliance with the provisions of this code and to approve
reports of inspection by approved agencies or individuals. All reports of such inspections shall
be prepared and submitted in writing for review and approval. Inspection reports shall be
certified by a responsible officer of such approved agency or by the responsible individual. The
fire code official is authorized to engage such expert opinion as deemed necessary to report upon
unusual, detailed or complex technical issues subject to the approval of the governing body.
If violations of this Chapter 16, Article I and this code are identified during a routine Occupancy
Use Inspection the Fire Prevention Chief may revoke the Fire Safety Occupancy Permit until
such time as corrections are made. Such actions shall be in writing and shall contain the reasons
for the revocation.
§16-3.9. IFC – Amendment of Section 108 Board of Appeals
Section 108 109 of the International Fire Code is hereby amended as follows:
Section 108 109 Board of Appeals
The Building Code Advisory Board established by city ordinance §8.6 is hereby recognized for
purposes of determining the suitability of alternate materials and methods of construction.
§16-3.10. IFC – Amendment of Section 109 110 Violations
Section 109 of the International Fire Code is hereby amended as follows:
[A] 109.4 110.4 Violation penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair
or do work in violation of the approved construction documents or directive of the fire official,
or of a permit or certificate used under provisions of this code, shall be guilty of an infraction,
punishable by a fine of not more than $500.00. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
SECTION 2. Any ordinance or parts of ordinances in
conflict herewith be, and hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect
from and after its passage and publication pursuant to law beginning January
1, 2021.
Enacted: December 8, 2020.
Roger G. Steele, Mayor
Attest:
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 71 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item F-2
#9809 - Consideration of Vacation of Public Utility Easements in
Lewis Acres Subdivision; 3225 W Wildwood Drive (Station 31,
LLC)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 72 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Consideration of Vacation of Public Utility Easements in
Lewis Acres Subdivision; 3225 W Wildwood Drive
(Station 31, LLC)
Presenter(s):John Collins PE, Public Works Director
Background
Public utility easements within Lewis Acres Subdivision were filed with Hall County as
Instrument No.’s 0200315058 and 0200305042. An application for vacation of such
easements has been received by Public Works Administration.
Discussion
The current property owner of 3225 West Wildwood Drive is requesting to vacate such
dedicated easements to allow for redevelopment of the area. There are no utilities
currently or proposed within these easements that will be affected by the vacation. The
attached sketch details the referenced easements to be vacated.
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 an ordinance vacating the public
utility easements in Lewis Acres Subdivision; 3225 West Wildwood Drive (Station 31,
LLC).
Sample Motion
Move to pass an ordinance vacating the easements.
Grand Island Council Session - 12/8/2020 Page 73 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
This Space Reserved for Register of Deeds
ORDINANCE NO. 9809
An ordinance to vacate an existing public utility easement and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal
any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That existing public utility easements located in Lewis Acres Subdivision,
in the City of Grand Island, Hall County, Nebraska and more particularly described as follows:
ALL OF INSTRUMENT NO. 200315058, FILED ON NOVEMBER 17, 2003 AND
INSTRUMENT NO. 200305042 FILED ON APRIL 24, 2003
is hereby vacated. Such easement to be vacated is shown and more particularly described on
Easement Vacate Exhibit 1 attached hereto.
SECTION 2. The title to the property vacated by Section 1 of this ordinance shall
revert to the owner or owners of the real estate upon which the easement is located.
SECTION 3. This ordinance is directed to be filed, with the drawing, in the office
of the Register of Deeds of Hall County, Nebraska.
Grand Island Council Session - 12/8/2020 Page 74 / 233
ORDINANCE NO. 9809 (Cont.)
- 2 -
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 8, 2020
____________________________________
Roger G. Steele, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 75 / 233
Grand Island Council Session - 12/8/2020 Page 76 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-1
Receipt of Official Document – Tort Claim filed by Rosa
Bustamante
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 77 / 233
Council Agenda Memo
From:Stacy Nonhof, Interim City Attorney
Meeting:December 8, 2020
Subject:Receipt of Official Document – Tort Claim filed by Rosa
Bustamante
Presenter(s):Stacy Nonhof, Interim City Attorney
Background
The City of Grand Island has received a Notice of Tort Claim from Rosa Bustamante
alleging she was injured in a motor vehicle accident collision involving a Grand Island
Police Officer vehicle.
Without getting into issues concerning the City’s and other parties’ liability, and whether
the claim of Rosa Bustamante is fair and reasonable, we are simply providing a copy of
this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act.
For a person to assert a tort claim against the City of Grand Island, a written notice of the
claim must be filed with the City Clerk, Secretary or other official responsible for
keeping official records. The claim must be filed within one year of the accrual of the
claim, and the Council has six months to act on the claim. No suit can be filed until after
the Council acts on the claim, or the six months has run.
Historically, the City of Grand Island has simply let the six months run. Not all claims
result in a suit being filed, so it makes good sense to not act affirmatively in many
instances. In any event, if you wish to look further into this claim, please contact the City
Attorney’s office, and we will provide you with the information which we have in
connection with the claim. Our recommendation is to continue to take no affirmative
action on tort claims. It must be emphasized that by providing copies of alleged claims to
you, we are not making an admission or representation that a claim has been properly
filed in any respect. We also recommend that no comments concerning a particular claim
be made during Council meetings, unless you decide to bring the matter on for formal
consideration. Even then, we ask that comments be carefully considered so that the legal
rights of all parties are preserved.
Grand Island Council Session - 12/8/2020 Page 78 / 233
Discussion
This is not an item for council action other than to simply acknowledge that the claim has
been received.
Recommendation
City Administration recommends that the Council take no action other than acknowledge
receipt of the claim.
Sample Motion
Move to approve acknowledgement of the tort Claim filed by Rosa Bustamante.
Grand Island Council Session - 12/8/2020 Page 79 / 233
Grand Island Council Session - 12/8/2020 Page 80 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-2
#2020-317 - Approving Request from Chicken Coop of Grand
Island, Inc. dba Chicken Coop Sports Bar and Grill, 103 East 3rd
Street for an Addition to Class "CG-062016" Liquor License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 12/8/2020 Page 81 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-317
WHEREAS, an application was filed by Chicken Coop of Grand Island, Inc.
doing business as Chicken Coop Sports Bar and Grill, 103 East 3rd Street for an Addition to their
Class "CG-062016" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on November 28, 2020; such publication cost being $18.24;
and
WHEREAS, a public hearing was held on December 8, 2020 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 82 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-3
#2020-318 - Approving Bid Award - Water Main Project 2021-W-2
- Newcastle Road
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 12/8/2020 Page 83 / 233
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:December 8, 2020
Subject:Water Main Project 2021-W-2 - Newcastle Road – East
of Windsor Road to Coventry Lane
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water Main Project 2021-W-2 will install an 8” ductile iron water main along Newcastle
Road from approximately 300 feet east of Windsor Road to Coventry Lane through
trenchless construction methods; also, water service connections, pavement removal and
restoration. The work will replace the existing water main within Newcastle Road which
has been subject to multiple breaks over its lifetime.
Discussion
Bidding documents were advertised in accordance with City Procurement Codes. Three
bids and one alternate bid were received and publicly opened at 2:00 p.m. on November
19, 2020. The estimate for this project was $230,000.
The bids have been reviewed and evaluated. Myers Construction Company did have an
exception that stated their start date would be ten days after the Notice to Proceed. This
did not affect the evaluation of bids. The bids are without error. Tabulated below are the
Evaluated Bid Prices and Completion Dates.
Bidder Bid Security Exceptions Evaluated Bid Price Completion
Diamond Engineering Co.
Grand Island, NE Universal Surety Co.None $147,273.85 6/3/2021
Van Kirk Bros Contracting
Sutton, NE Universal Surety Co.None $181,607.16 6/15/2021
Myers Const., Inc.
Broken Bow, NE
United Fire &
Casualty Co.Noted $193,601.76 5/30/2021
Myers Const, Inc.
Broken Bow, NE
United Fire &
Casualty Co.Noted $181,280.40 5/30/2021
Grand Island Council Session - 12/8/2020 Page 84 / 233
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council award the contract for Water Main
Project 2021-W-2 to the low responsive bidder, The Diamond Engineering Company in
the amount of $147,273.85.
Sample Motion
Move to approve the contract for Water Main Project 2021-W-2 to the Diamond
Engineering Company in the amount of $147,273.85.
Grand Island Council Session - 12/8/2020 Page 85 / 233
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:November 19, 2020 at 2:00 p.m.
FOR:Water Main Project 2021-W-2 – Newcastle Road
DEPARTMENT:Utilities
ESTIMATE:$230,000.00
FUND/ACCOUNT:525
PUBLICATION DATE:November 5, 2020
NO. POTENTIAL BIDDERS:5
SUMMARY
Bidder:Diamond Engineering Co.Van Kirk Bros. Contracting
Grand Island, NE Sutton, NE
Bid Security:Universal Surety Co.Universal Surety Co.
Exceptions:None None
Bid Price:$147,273.85 $181,607.16
Bidder:Myers Construction, Inc.
Broken Bow, NE
Bid Security:United Fire & Casualty Co.
Exceptions:None
Bid Price:$193,601.76
Alternate Bid:$181,280.40
cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist.
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Jamie Royer, Civil Engineer II
Christy Lesher, Utilities Dept.
P2238
Grand Island Council Session - 12/8/2020 Page 86 / 233
WINDSOR PL
COVENTRY LN
NEWCASTLE RD WWINDSOR RDNEWCASTLE RD S2021-W-2Newcastle Rd´
Work Area
New Water Main
Grand Island Council Session - 12/8/2020 Page 87 / 233
WATER MAIN PROJECT 2021-W-2 Bids Received 11/19/2020
NEWCASTLE ROAD - EAST OF WINDSOR ROAD TO COVENTRY LANE
Estimated
Item Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Alt. Bid Quantity Unit Unit Price Total Price
D.1.01 8" R.J. D.I. PIPE 706.90 L.F.$79.54 $56,226.83 $98.00 $69,276.20 $89.60 $63,338.24 706.90 L.F.$89.60 $63,338.24
D.1.02 6" S.J. D.I. PIPE 45.40 L.F.$59.11 $2,683.59 $50.00 $2,270.00 $85.00 $3,859.00 45.40 L.F.$85.00 $3,859.00
D.1.03 8 MIL. POLYWRAP 752.30 L.F.$1.41 $1,060.74 $1.25 $940.38 $2.04 $1,534.69 752.30 L.F.$2.04 $1,534.69
D.1.04 8"X8" TAPPING SLEEVE 1.00 EA.$1,313.10 $1,313.10 $1,500.00 $1,500.00 $1,602.33 $1,602.33 1.00 EA.$1,602.33 $1,602.33
D.1.05 8"X8"X8" M.J. WYE 1.00 EA.$480.82 $480.82 $550.00 $550.00 $450.00 $450.00 1.00 EA.$450.00 $450.00
D.1.06 8"X6" M.J. TEE 2.00 EA.$386.98 $773.96 $375.00 $750.00 $374.20 $748.40 2.00 EA.$374.20 $748.40
D.1.07 8"X6" M.J. REDUCER 1.00 EA.$161.99 $161.99 $270.00 $270.00 $265.20 $265.20 1.00 EA.$265.20 $265.20
D.1.08 8" RETAINER GLAND 10.00 EA.$105.14 $1,051.40 $60.00 $600.00 $126.00 $1,260.00 10.00 EA.$126.00 $1,260.00
D.1.09 8" SOLID SLEEVE 1.00 EA.$221.97 $221.97 $650.00 $650.00 $921.36 $921.36 0.00 EA.$0.00 $0.00
D.1.10 8" M.J. PLUG 1.00 EA.$163.92 $163.92 $180.00 $180.00 $124.83 $124.83 1.00 EA.$124.83 $124.83
D.1.11 6"X6" TAPPING SLEEVE 1.00 EA.$996.96 $996.96 $1,350.00 $1,350.00 $1,435.50 $1,435.50 1.00 EA.$1,435.50 $1,435.50
D.1.12 6"X90 M.J. BEND 1.00 EA.$218.61 $218.61 $216.00 $216.00 $209.04 $209.04 1.00 EA.$209.04 $209.04
D.1.13 6"X45 M.J. BEND 1.00 EA.$202.52 $202.52 $225.00 $225.00 $170.32 $170.32 1.00 EA.$170.32 $170.32
D.1.14 6" M.J. CAP 2.00 EA.$134.71 $269.42 $150.00 $300.00 $106.45 $212.90 2.00 EA.$106.45 $212.90
D.1.15 6" RETAINER GLANDS 8.00 EA.$86.69 $693.52 $45.00 $360.00 $186.00 $1,488.00 8.00 EA.$186.00 $1,488.00
D.1.16 6" M.J. 2" TAPPED PLUG 2.00 EA.$176.32 $352.64 $200.00 $400.00 $241.92 $483.84 2.00 EA.$241.92 $483.84
D.1.17 FIRE HYDRANT 2.00 EA.$355.73 $711.46 $1,000.00 $2,000.00 $3,453.68 $6,907.36 2.00 EA.$3,453.68 $6,907.36
D.1.18 6"X12" OFFSET FITTING 1.00 EA.$735.42 $735.42 $255.00 $255.00 $1,323.64 $1,323.64 1.00 EA.$1,323.64 $1,323.64
D.1.19 6"X24" OFFSET FITTING 2.00 EA.$875.46 $1,750.92 $350.00 $700.00 $1,438.19 $2,876.38 2.00 EA.$1,438.19 $2,876.38
D.1.20 8" R.S. GATE TAPPING VALVE 1.00 EA.$1,894.74 $1,894.74 $1,950.00 $1,950.00 $2,712.70 $2,712.70 1.00 EA.$2,712.70 $2,712.70
D.1.21 6" R.S. GATE TAPPING VALVE 1.00 EA.$1,310.11 $1,310.11 $1,550.00 $1,550.00 $1,833.45 $1,833.45 1.00 EA.$1,833.45 $1,833.45
D.1.22 8" R.S. GATE VALVE 1.00 EA.$1,545.15 $1,545.15 $1,510.00 $1,510.00 $2,055.08 $2,055.08 1.00 EA.$2,055.08 $2,055.08
D.1.23 6" R.S. GATE VALVE 2.00 EA.$1,027.78 $2,055.56 $1,025.00 $2,050.00 $1,290.73 $2,581.46 2.00 EA.$1,290.73 $2,581.46
D.1.24 VALVE BOX 5.00 EA.$177.87 $889.35 $185.00 $925.00 $210.00 $1,050.00 5.00 EA.$210.00 $1,050.00
D.1.25 THRUST BLOCK 3.00 EA.$234.38 $703.14 $85.00 $255.00 $565.00 $1,695.00 3.00 EA.$565.00 $1,695.00
D.1.26 I BEAM BLOCK 1.00 EA.$854.42 $854.42 $600.00 $600.00 $550.00 $550.00 1.00 EA.$550.00 $550.00
D.1.27 CONCRETE PLUG 4.00 EA.$156.42 $625.68 $65.00 $260.00 $375.00 $1,500.00 4.00 EA.$375.00 $1,500.00
D.1.28 DUC-LUGS & REDI-ROD 2.00 SETS $164.57 $329.14 $100.00 $200.00 $325.00 $650.00 2.00 SETS $325.00 $650.00
D.1.29 1" CURB STOP 2.00 EA.$238.61 $477.22 $270.00 $540.00 $407.16 $814.32 2.00 EA.$407.16 $814.32
D.1.30 1" CORPORATION STOP 10.00 EA.$148.18 $1,481.80 $238.00 $2,380.00 $260.16 $2,601.60 10.00 EA.$260.16 $2,601.60
D.1.31 1" TYPE "K" COPPER PIPING 29.70 L.F.$43.29 $1,285.71 $25.00 $742.50 $25.00 $742.50 29.70 L.F.$25.00 $742.50
D.1.32 1.5" CURB STOP 4.00 EA.$476.35 $1,905.40 $500.00 $2,000.00 $633.26 $2,533.04 4.00 EA.$633.26 $2,533.04
D.1.33 1.5" CORPORATION STOP 4.00 EA.$259.72 $1,038.88 $500.00 $2,000.00 $330.23 $1,320.92 4.00 EA.$330.23 $1,320.92
D.1.34 1.5" SERVICE SADDLE 4.00 EA.$172.08 $688.32 $375.00 $1,500.00 $222.81 $891.24 4.00 EA.$222.81 $891.24
D.1.35 1.5" TYPE "K" COPPER PIPING 60.40 L.F.$45.35 $2,739.14 $32.00 $1,932.80 $32.00 $1,932.80 60.40 L.F.$32.00 $1,932.80
D.1.36 CURB STOP BOX 6.00 EA.$154.18 $925.08 $175.00 $1,050.00 $216.67 $1,300.02 6.00 EA.$216.67 $1,300.02
D.1.37 CURB STOP BOX EXTENSION 1.00 EA.$53.44 $53.44 $40.00 $40.00 $36.00 $36.00 1.00 EA.$36.00 $36.00
D.1.38 SERVICE RE-CONNECTION 8.00 EA.$489.80 $3,918.40 $250.00 $2,000.00 $302.60 $2,420.80 8.00 EA.$302.60 $2,420.80
D.1.39 REMOVE AND SALVAGE EXIST. WATER MAIN 19.10 L.F.$17.37 $331.77 $20.00 $382.00 $25.00 $477.50 19.10 L.F.$25.00 $477.50
D.1.40 REMOVE AND SALVAGE HYDRANT 2.00 EA.$188.26 $376.52 $250.00 $500.00 $1,200.00 $2,400.00 2.00 EA.$1,200.00 $2,400.00
D.1.41 REMOVE AND SALVAGE VALVE TO CITY 1.00 EA.$115.11 $115.11 $250.00 $250.00 $650.00 $650.00 1.00 EA.$650.00 $650.00
D.1.42 REMOVE AND SALVAGE VALVE BOX 2.00 EA.$54.44 $108.88 $150.00 $300.00 $350.00 $700.00 2.00 EA.$350.00 $700.00
D.1.43 REMOVE, SALVAGE, AND REUSE 6" M.J. 2" TAPPED PLUG 2.00 EA.$201.55 $403.10 $210.00 $420.00 $650.00 $1,300.00 2.00 EA.$650.00 $1,300.00
D.1.44 ABANDON VALVE 1.00 EA.$63.17 $63.17 $125.00 $125.00 $350.00 $350.00 1.00 EA.$350.00 $350.00
D.1.45 REMOVE EXISTING ROADWAY 285.90 S.Y.$8.76 $2,504.48 $8.50 $2,430.15 $6.00 $1,715.40 245.90 S.Y.$6.00 $1,475.40
D.1.46 REPLACE ROADWAY (47B MODIFIED)285.90 S.Y.$52.76 $15,084.08 $60.00 $17,154.00 $66.00 $18,869.40 245.90 S.Y.$66.00 $16,229.40
D.1.47 REMOVE CURB 290.00 L.F.$3.16 $916.40 $10.00 $2,900.00 $7.00 $2,030.00 250.00 L.F.$7.00 $1,750.00
D.1.48 REPLACE CURB 290.00 L.F.$12.87 $3,732.30 $35.00 $10,150.00 $35.00 $10,150.00 250.00 L.F.$35.00 $8,750.00
D.1.49 REMOVE SIDEWALK 242.50 S.F.$1.16 $281.30 $1.25 $303.13 $2.00 $485.00 242.50 S.F.$2.00 $485.00
D.1.50 REPLACE SIDEWALK 242.50 S.F.$6.55 $1,588.38 $6.00 $1,455.00 $7.00 $1,697.50 242.50 S.F.$7.00 $1,697.50
D.1.51 ADA REPLACEMENT 1.00 L.S.$804.55 $804.55 $2,700.00 $2,700.00 $550.00 $550.00 1.00 L.S.$550.00 $550.00
D.1.52 SODDING 970.00 S.F.$1.50 $1,455.00 $8.00 $7,760.00 $1.50 $1,455.00 970.00 S.F.$1.50 $1,455.00
D.1.53 TRAFFIC CONTROL 1.00 L.S.$997.38 $997.38 $3,500.00 $3,500.00 $4,500.00 $4,500.00 1.00 L.S.$4,500.00 $4,500.00
D.1.54 WELLHEAD 2.00 L.S.$11,860.48 $23,720.96 $12,500.00 $25,000.00 $13,920.00 $27,840.00 2.00 L.S.$10,500.00 $21,000.00
$147,273.85 $181,607.16 $193,601.76 $181,280.40
Exceptions None Exceptions None Exceptions Noted Exceptions Noted
Completion:6/3/2021 Completion:6/15/2021 Completion:5/30/2021 Completion:5/30/2021
Diamond Engineering Co.
Grand Island, NE
Myers Construction, Inc. (ALTERNATE)
Broken Bow, NE
Van Kirk Bros. Contracting
Sutton, NE
Myers Construction, Inc.
Broken Bow, NE
Grand Island Council Session - 12/8/2020 Page 88 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-318
WHEREAS, the City of Grand Island invited sealed bids for construction of
Water Main Project 2021-W-2 – Newcastle Road, according to plans and specifications on file
with the Utilities Department; and
WHEREAS, on November 19, 2020, bids were received, opened and reviewed;
and
WHEREAS, the Diamond Engineering Company of Grand Island, Nebraska
submitted a bid in accordance with the terms of the advertisement of bids and plans and
specifications and all other statutory requirements contained therein, such bid being in the
amount of $147,273.85; and
WHEREAS, the bid of Diamond Engineering is less than the estimate for the
construction of Water Main Project 2021-W-2 – Newcastle Road.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering
Company, in the amount of $147,273.85, is hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 89 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-4
#2020-319 - Approving Acquisition of Utility Easement - 3447 N.
Highway 281 - Kramer's Auto Parts and Iron Company, Inc.
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 12/8/2020 Page 90 / 233
Approved as to Form ¤ ___________
December 2, 2020 ¤ City Attorney
R E S O L U T I O N 2020-319
WHEREAS, a public utility easement is required by the City of Grand Island from
Kramer’s Auto Parts and Iron Company, Inc., to survey, construct, inspect, maintain, repair, replace,
relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power
lines and;
WHEREAS, a public hearing was held on December 8, 2020, for the purpose of
discussing the proposed acquisition of a twenty (20.0) foot utility easement located through a part of
the Southwest Quarter (SW ¼) of Section Thirty-Three (33), Township Twelve (12) North, Range
Nine (9) West of the 6th PM, in Hall County, Nebraska, and more particularly described as follows:
Commencing at the Northwest corner of the Southwest Quarter (SW1/4) of Section
Thirty-Three (33), Township Twelve (12) North, Range Nine (9) West, of the 6th PM,
Hall County, Nebraska; thence southerly along the westerly line of said Southwest
Quarter (SW1/4), a distance of eight hundred sixty-two and forty-one hundredths
(862.41) feet; thence easterly and parallel with the southerly line of said Southwest
Quarter (SW1/4), a distance of sixty-six (66.0) feet to a point on the Northwest
corner of tract of land described in Instrument No. 94-108632 recorded in the Hall
County, Nebraska Register of Deeds Office, said point also being the ACTUAL Point
of Beginning; thence continuing easterly along the previously described line, a
distance of four hundred forty-five (445.0) feet to the point of termination.
The above-described easement and right-of-way containing a total of 0.20 acres,
more or less, as shown on the plat dated 10/9/2020, marked Exhibit "A", attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Kramer’s Auto Parts and Iron Company Inc., on
the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 91 / 233
Grand IslandCouncil Session - 12/8/2020Page 92 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-5
#2020-320 - Approving Certificate of Final Completion for Water
Main Project 2020-W-5 - Pleasant View Drive
Staff Contact: Tim Luchsinger, Utilities Director
Grand Island Council Session - 12/8/2020 Page 93 / 233
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Meeting:December 8, 2020
Subject:Water Main Project 2020-W-5 – Pleasant View Drive
Conflicts Certificate of Final Completion
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water Main Project 2020-W-5 has been completed by Starostka Group Unlimited, Inc.,
of Grand Island, Nebraska. This water main project installed approximately 120 Linear
feet of 6” diameter ductile iron water main for water main lowerings in both the Pleasant
View Drive/Phoenix Avenue and Pleasant View Drive/Delaware Avenue intersections.
The project resolved previously unknown storm sewer and water main conflicts within
the two intersections.
Discussion
The project has been completed in accordance with the terms and conditions of the
contract documents and plans. The final contract amount for the work was $90,344.46.
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 accept the Certificate of Final
Completion for Water Main Project 2020-W-5, Pleasant View Drive conflicts.
Sample Motion
Move to approve the Certificate of Final Completion for Water Main Project 2020-W-5 –
Pleasant View Drive conflicts.
Grand Island Council Session - 12/8/2020 Page 94 / 233
Grand Island Council Session - 12/8/2020 Page 95 / 233
Grand Island Council Session - 12/8/2020 Page 96 / 233
Grand Island Council Session - 12/8/2020 Page 97 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-320
WHEREAS, the Utilities Engineer and Public Works Director have issued a
Certificate of Final Completion for Water Main Project 2020-W-5 within the intersections of
Pleasant View Drive/Phoenix Avenue and Pleasant View Drive/Delaware Avenue in the City of
Grand Island, Nebraska, certifying that Starostka Group Unlimited, Inc., of Grand Island,
Nebraska, has completed such project according to the terms, conditions, and stipulations of the
contract, plans and specifications for such improvements; and
WHEREAS, the Public Works Directors recommends the acceptance of the
Engineer’s Certificate of Final Completion; and
WHEREAS, the Mayor concurs with the recommendation of the Public Works
Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for
Water Main Project 2020-W-5 – Pleasant View Drive/Phoenix Avenue and Pleasant View Drive/
Delaware Avenue, is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________
Roger G. Steele, Mayor
Attest:
________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 98 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-6
#2020-321 - Approving Change Order #1 for Water Main Project
2020-W-2 (Greenwich Street) and Water Main Project 2020-W-3
(State Street)
Staff Contact: Tim Luchsinger, Stacy Nonhof
Grand Island Council Session - 12/8/2020 Page 99 / 233
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Stacy Nonhof, Interim City Attorney
Meeting:December 8, 2020
Subject:Water Main Projects 2020-W-2 and 2020-W-3 Change
Order #1
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water Main Projects 2020-W-2 and 2020-W-3 installed approximately 3,045 linear feet
of 8” diameter ductile-iron water main. The Greenwich Street work improved domestic
supply and increased fire protection to the area while the work on State Street resolved
the growing number of water main breaks in that area.
Discussion
The original contract was awarded by City Council on February 25, 2020, in the amount
of $734,775.12 to Myers Construction of Broken Bow, Nebraska. The following scope
alteration were encountered:
Additional items were required to complete the project due to encountering sanitary
sewer construction differing from that of record. The water main had to be lowered
beneath the sewer which required additional dewatering. The total cost for the additional
items is $12,410.61.
During the process of constructing the contract, materials were added or deducted to
complete the work. Unit prices were provided in the contract and specified that the
contractor be paid on the basis of actual quantity installed, times the contract’s unit price.
A significant portion of the reduced quantities is due to less pavement removed and
replaced. This total is a deduct of $19,524.31.
The original Engineer’s Estimate was $760,000.00. The original contract was for
$734,775.12. The total changes to the contract amount to a deduct of $7,113.70. This
results in a final contract cost of $727,661.42.
Grand Island Council Session - 12/8/2020 Page 100 / 233
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #1 to the Water
Main Projects 2020-W-2 and 2020-W-3 Contract in the deduct amount of $7,113.70, for
a final contract amount of $727,661.42.
Sample Motion
Move to approve Change Order #1 with Myers Construction to the Water Main Projects
2020-W-2 and 2020-W-3 Contract in the deduct amount of $7,113.70, for a final contract
amount of $727,661.42.
Grand Island Council Session - 12/8/2020 Page 101 / 233
Grand Island Council Session - 12/8/2020 Page 102 / 233
Grand Island Council Session - 12/8/2020 Page 103 / 233
Grand Island Council Session - 12/8/2020 Page 104 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-321
WHEREAS, Water Main Projects 2020-W-2 and 2020-W-3 installed
approximately 3,045 linear feet of 8” diameter ductile iron water main. The Greenwich Street
work improved domestic supply and increased fire protection to the area, the State Street work
resolved the growing number of water main breaks in that area; and
WHEREAS, the original contract was awarded by Council on February 25, 2020,
in the amount of $734,775.12 to Myers Construction of Broken Bow, Nebraska; and
WHEREAS, during the process of constructing the water mains, materials were
added or deducted to complete the work and unit prices were provided in the Contract and
specified that the contractor be paid on the basis of actual quantity installed, times the Contract’s
unit price; and
WHEREAS, a significant portion of the reduced quantities is due to less
pavement removed and replaced which contributed to the reduced project cost in the amount of
$19,524.31; and
WHEREAS, the water main had to be lowered beneath the sewer which required
additional dewatering, resulting in an additional cost of $12,410.61; and
WHEREAS, the original contract amount was $734,775.12, and the total changes
to the contract amount to a deduct of $7,113.70, resulting in a final contract cost of $727,661.42.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for the construction
of Water Main Projects 2020-W-2 and 2020-W-3 in the amount of a deduct of $7,113.70 is
approved, and the Mayor is hereby authorized to sign the Change Order on behalf of the City of
Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
\_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 105 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-7
#2020-322 - Approving Continuation of Sanitary Sewer District No.
545; Parkview Subdivision
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 106 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Approving Continuation of Sanitary Sewer District No.
545; Parkview Subdivision
Presenter(s):John Collins, Public Works Director
Background
Three (3) property owners petitioned for creation of a sanitary sewer district on the south
side of Pioneer Boulevard, east of Blaine Street due to failing septic systems. As a
Councilmember requested this matter be resolved quickly it was given priority and
presented to City Council at their October 13, 2020 meeting, with approval of Ordinance
No. 9794, creating Sanitary Sewer District No. 545; Pioneer Subdivision. Legal notice of
the creation of the District was published in the Grand Island Independent on October 19,
2020, with notification being mailed to all involved property owners.
The boundary for Sanitary Sewer District No. 545; Parkview Subdivision was selected to
serve an area previously unserved that is located north of Mill River Road, east of South
Blaine Street. The district boundary would eliminate approximately eight (8) septic tanks
and provide sanitary sewer service to sixteen (16) lots. There is a portion of this area with
multiple lots, parcels, and vacated streets inclusive to a community building that will be
served as one (1) lot.
For all new developments the City requires the developer to install sanitary sewer, where
in older sections of the City or areas that have been annexed from Hall County sanitary
sewer isn’t always available. In these cases some properties are in close proximity to a
sanitary sewer district and allowed to connect outside of such, with a fee assessed for the
connection. This fee is then applied to any future district assessment the property would
become involved in, with a signed agreement between the property owner and the City at
the time of the connection that they cannot protest any future district and will pay the
difference of the tap fee to the assessment of their district. The sanitary sewer agreement
signed by the property owner at the time of such connection carries with the property
through filing of the Sanitary Sewer Connection Agreement with Hall County Register of
Deeds. This ensures costs stay with the property owners rather than the rate payers.
In past the City has allowed dubious connections for property owners that urgently
needed service (without which they would incur significant costs) on the condition they
agree not to protest a future district. This is required so that those with service cannot
prevent their neighbors from getting service when they urgently need it (thereby
requiring them to pay the onsite septic system charges the initial property owners
avoided). When these connections are allowed there are some costs passed to the rate
payers, further increased if they are exempted from district assessments. Note that these
types of service connections accelerate the degradation of the system, reduce capacity by
increasing infiltration of ground water, structurally compromise the infrastructure, and
Grand Island Council Session - 12/8/2020 Page 107 / 233
increase the probability of blockages and sanitary sewer overflows. This is one of the
primary reasons for many of the manhole and pipe repairs; it is one of the primary factors
the Northeast Interceptor failed before achieving 35 years of service rather than the
typical 80. Improper connections also increase the need and cost of maintenance as these
connections snag materials and interfere with flushing equipment.
Several property owners already benefitting from service without assessment have
violated their agreement and protested directly to Councilmembers and Administration.
These agreements are attached for reference.
At any point in time in any unserved area there are property owners that urgently need
service and those that will not need it until later. The City’s goal is not to push for either
side, but to facilitate the district process. This often involves mediating between the two
mutually exclusive options. Agreements prohibiting protests are common place. This was
the case for the last district continued by Council (Sanitary Sewer District No. 544;
Ellington Pointe and Westwood Park Subdivision) where the Westwood Park
Subdivision, dated March 28, 1978, and filed as Instrument No. 78-002723, stated
“….Further, the Subdividers agree not to protest any sanitary sewer or water main
districts within said subdivision. …., the subsequent owners of any lots in the subdivision
shall be responsible to perform any of the conditions of this agreement if the Subdividers
have not performed such conditions.”
Discussion
The district completed the 30-day protest period at 5:00 p.m., Monday, November 23,
2020. There were eight (8) valid protests filed against this District by affected property
owners. These owners represent 854.40 front feet, or 19.36% of the total District frontage
of 4,412.35 feet.
The Public Works Department recommends that the assessments for the district be spread
equally across the lots in the district with a ten (10) year repayment schedule. The
estimated assessment per parcel is currently $160-210 per front foot of each lot.
Alternatives
It appears that the Council has the following alternatives concerning this issue at hand. The
Council may:
1.Approve the continuation of Sanitary Sewer District 545.
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 continuation of Sanitary Sewer
District 545; Parkview Subdivision.
Sample Motion
Move to approve the continuation of Sanitary Sewer District 545; Parkview Subdivision.
Grand Island Council Session - 12/8/2020 Page 108 / 233
Grand IslandCouncil Session - 12/8/2020Page 109 / 233
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1
AN _ A> SIWF LICENSE AGRFI~11r1 l T
90-106366
THIS AGREEMENT entered into between the City of Grand Island, Nebraska,`
hereinafter called the "City' and Madelyn A. Smith, of Alton, New Hampshire, hereinafter,
referred to as the "Licensee'.
W11NF.SSETH:
WHEREAS, the Licensee desires to connect the property described as: I'
I
Lot One (1) in Block "E" in Park View Subdivision, located in the Northeast 4
Quarter (NEh) of Section Twenty-alne (29) and the Northwest Quarter k
NWk) of Section Twenty -eight (29) in Township Eleven (11) North of lunge
Nine (9) West of the 6th P.M., Hall County, Nebraska,
More commonly l=(arghtn as, x'419 Pioneer Boulevard, Grand Island, Nebraska.
r -e-ct directlyWHEREAS, tiro, Conn,n11 a'll permit private sanitary sewer lanes to c aan.. Y
ito Interceptor Lines, subject to, tcertsin conditions bektg. met by the Licensee; I.
NOW, THEREPORE, in cdnsiderariogn of the covenants a-nd -agreements hereinafter
contained, the parties qg ee as follows:
1. The City hereby grants to the licensee a license to cznnect fthe property at
2419 Pioneer Boulevard, G=d Island, HaU County, Nebraska to hterreptor Sanitary Sewer
Line D - 1 which is toeatVed in the City's utility easement along thi so-ath side of Block E,
Parkview, Subdivision, such connection to be inspected and approved br the Clq: s
Department of Public Works...
2. The satrutany sewer service line constructed and main':zined by the LicenseeshallbeandremainthepropertyoftheLicenseeandinnoevertsi'srJa tl the City be required
to maintain said line.
3. The Licensee shall obtain permission to install said sanitary sewer line from
the owners of all tratss •s:cross which said line will run prior to beginning installation. l
4. If the construction or maintenance of th6 ll. nensee's private sanitary sewer
service line and connection to the City's Interceptor line requfres the excavation of dirt,
memoval of hardsurf'aci:e & or any other disruption of the surface -of the City's utility
easement, the Licensee shall restore the surface of the area to the & me condition as ct
existed immediately prior to d-te Ucensee's work in the area. Time L. cnnsee shmU obtafa- all
necessary permits and c6rnpEy withthe City requirements for excai adans *nd surfacing when y
doing any such work En s3id casement.
5. , It is understaed bFthe Licensee that the connection fee is $3.50, per front foot ±s .
X 158.8 feetr or $55S.S0T payable ,*o the City upon connection. It is further understood by
the Licensee that all pEambees fees and sewer tap fees are her own expense.
6. It is un' derstood by and between the parties that the connection fee stated in
t paragraph 4 is not an assessment but will be credited two• a future assessment in the event
that a sanitary sewer, main is constructed to serve this ,area at same time in the future.
Grand Island Council Session - 12/8/2020 Page 110 / 233
a WILM.-
RQa11r@W q., - r . 4Mgrwiw - L , "
2
Smith license Agreement
October 29, 1990
Page 2 of 3 90 106366
7. Ift licensee hereby waives the right to protest the creation of any sanitary
sewer district to serve this area.
It Is understood and agreed that the licensee can construct and maintain and
connect her private sanitary sewer service Hue to the City's Interceptor line in the Parkview
Subdivision, at her own risk. The licensee hereby waives any claim for damages against the
City, its officers, agents, employees, and independent contractors for any damage or injury
that may result to said private Una being connected to the City's Interceptor line in said
casement. The Ucensce agrees to remove the private Una connection at any time 'such
removal is necessary in order for the City to provide public services in the area, such as the
construction of a collector sewer main, or the installation, repair, or maintenance of other
utilities In the City's utility easement
9. The licensee shall indemnify and hold harmless the City from and against any 4tandalllossanddamage, claims, dem-nds, suits, liabilities, and payments. fn (=tact or tort
resulting from or as a result of the ]Licensee's use of the Interceptor line in
the City's easement .,wea for the connection of a private sewer.
10. TNs'license agreemiewiz'shall take effect immediately upon the date of the
h parties and shall continue for an indefinite term; execution of this agreement by both
provided, that either party may terminate this agreement at any time by giving the other *&7
party ninety days written notice to the other. If the City should require the termination of f
this agreernep+, the Licensee shag he required to extend sanitary sewer service to her
building in anfodher satisfactory nammer without cost to the LRy.
fl II. This agreement s'hk be binding upom the parties hereto, their successors and
assigns. ?'.
WUNgiqS our signatures the dates below written.
Crff OF GRAM ISLAND, NEBRASKA,
A Municipal Corporation
tDated, i. 13Y
Chuc Baascb, Mayor
Attest:
Mukitta CzapIdMid,
City Clerk
LICENSEE
01
Dated, 4L ......
Micfelki Mith .
Grand Island Council Session - 12/8/2020 Page 111 / 233
V lL})
Smith License Agreement
October 29, 1990
1 tit r r ` ee•.. - _ - - --
Page 3 of 3 9or,., 10636f;
STAM OF NO )
COUNTY OF J3 & Lrn q >P )
SS
SPSOnthisSP day of VPdmlef . 1990. the above Sanitary Sewer License
Agreement was acknowledged before me by Madelyn A. Smith.
Notary Public a'•
PMICtAa. PALMER. NMrsp PUNICMYOnnm13*IcA &p,03 duns 10, 1992
t
4
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Grand Island Council Session - 12/8/2020 Page 112 / 233
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Grand Island Council Session - 12/8/2020 Page 113 / 233
THIS SPACE RESERVED FOR REGISTER OF DEEDS
PUBLIC SEWER CONNECTION PERMIT
This Public Sewer Connection Permit is made by and between the CITY OF GRAND ISLAND,
NEBRASKA, a Municipal Corporation, herein referred to as the "Permitor" and MICHELLE KOHLHOF,
hereinafter referred to as the " Permittee."
WITNESSETH:
WI IEREAS, the Permittee desires to connect to the Southeast Interceptor, (D -1), a tract of land comprising
of a part of Lot Five (5) Block E, Parkview Subdivision in Grand Island, Hall County, Nebraska.
WHEREAS, the City will permit sanitary sewer lines to connect directly to interceptor lines and
manholes, subject to certain conditions being met by the Permittee.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the
parties agree as follows:
1. The City hereby grants to the Permittee a permit to connect the property at 2427 Pioneer
Boulevard City's Sanitary Sewer Interceptor, Manhole No. 67 in accordance with City of Grand Island
Standard Plan 129A, all as shown on the attached drawing dated April 9, 2003, in accordance with the
requirements of the Director of Public Works. Such connection is to be inspected and approved by the City
Plumbing Inspector.
2. The sanitary sewer service line constructed and maintained by the Permittee shall be and remain
the properly of the Permittee and in no event shall the City be required to maintain the line.
1-
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H
THIS SPACE RESERVED FOR REGISTER OF DEEDS
PUBLIC SEWER CONNECTION PERMIT
This Public Sewer Connection Permit is made by and between the CITY OF GRAND ISLAND,
NEBRASKA, a Municipal Corporation, herein referred to as the "Permitor" and MICHELLE KOHLHOF,
hereinafter referred to as the " Permittee."
WITNESSETH:
WI IEREAS, the Permittee desires to connect to the Southeast Interceptor, (D -1), a tract of land comprising
of a part of Lot Five (5) Block E, Parkview Subdivision in Grand Island, Hall County, Nebraska.
WHEREAS, the City will permit sanitary sewer lines to connect directly to interceptor lines and
manholes, subject to certain conditions being met by the Permittee.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the
parties agree as follows:
1. The City hereby grants to the Permittee a permit to connect the property at 2427 Pioneer
Boulevard City's Sanitary Sewer Interceptor, Manhole No. 67 in accordance with City of Grand Island
Standard Plan 129A, all as shown on the attached drawing dated April 9, 2003, in accordance with the
requirements of the Director of Public Works. Such connection is to be inspected and approved by the City
Plumbing Inspector.
2. The sanitary sewer service line constructed and maintained by the Permittee shall be and remain
the properly of the Permittee and in no event shall the City be required to maintain the line.
1-
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200304954
THIS SPACE RESERVED FOR REGISTER OF DEEDS
PUBLIC SEWER CONNECTION PERMIT
This Public Sewer Connection Permit is made by and between the CITY OF GRAND ISLAND,
NEBRASKA, a Municipal Corporation, herein referred to as the "Permitor" and MICHELLE KOHLHOF,
hereinafter referred to as the " Permittee."
WITNESSETH:
WI IEREAS, the Permittee desires to connect to the Southeast Interceptor, (D -1), a tract of land comprising
of a part of Lot Five (5) Block E, Parkview Subdivision in Grand Island, Hall County, Nebraska.
WHEREAS, the City will permit sanitary sewer lines to connect directly to interceptor lines and
manholes, subject to certain conditions being met by the Permittee.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, the
parties agree as follows:
1. The City hereby grants to the Permittee a permit to connect the property at 2427 Pioneer
Boulevard City's Sanitary Sewer Interceptor, Manhole No. 67 in accordance with City of Grand Island
Standard Plan 129A, all as shown on the attached drawing dated April 9, 2003, in accordance with the
requirements of the Director ofPublic Works. Such connection is to be inspected and approved by the City
Plumbing Inspector.
2. The sanitary sewer service line constructed and maintained by the Permittee shall be and remain
the properly of the Permittee and in no event shall the City be required to maintain the line.
1-
Grand Island Council Session - 12/8/2020 Page 114 / 233
200304954
3. If the construction or maintenance of the Permittee's private sanitary sewer service line and
connecting to the City's interceptor line requires the excavation of dirt, removal of hard surfacing, grass,
vegetation, landscaping, or any other disruption of the surface of the public right -of -way or any other
property, the Permince shall restore the surface ofthe area to the same condition as it existed immediately
prior to the Permits e's work in the area. The Permittee shall obtain all necessary permits and comply with
the City requirements for excavations and surfacing when doing any such work in the public right -of -way.
4. It is understood by the Permittee that the connection fee is $373.80, ($3.50 /front foot x 106.8
feet), payable to the City of Grand Island prior to connection. The City of Grand Island hereby
acknowledges payment of said connection fee. It is further understood by the Permittee that all plumber's
fees and sewer tap fees are at Permittee's own expense.
5. It is understood by and between the parties that the connection fee slated in Paragraph 4 is not an
assessment but will be credited to a future assessment in the event that a sanitary sewer main is constructed
to serve this area at some time in the future.
6. The Permitecs hereby waive the right to protest the creation of any sanitary sewer district to serve
this area.
7. It is understood and agreed that the Permittee can construct, maintain, and connect their
private sanitary sewer service line to the City's sewer main at their own risk. the Permittee hereby waives
any claim for damages against the City, its officers, agents, employees, and independent contractors for any
damage or injury that may result to said private line being connected to the City's sewer main in the public
right -of -way. The Permittee agrees to remove the private line connection at any such time as removal is
necessary in order for the City to provide public services in the area, such as installation, repair, or
maintenance of utilities in the public right -of -way.
8. The Permittee shall indemnify and hold harmless the City from and against any and all
loss and damage, claims, demands, suits, liabilities, and payments in contract or tort resulting from or as a
result of the Permittee's use of the sewer main in the public right -of -way for the connection of a private
sewer.
9. The Public Sewer Connection Permit shall take effect immediately upon the date of the execution
of this document by both parties and shall continue for an indefinite term; provided, that either party may
terminate this permit at any time by giving the other party ninety (90) days written notice to the other. Ifthe
City should require the termination of this permit, the Permiec shall be required to extend sanitary sewer
service to said property in another satisfactory manner without cost to the City.
10. This permit shall be binding upon the parties hereto, their successors and assigns.
11. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of
the State of Nebraska and the City of Grand Island, Nebraska.
2-
Grand Island Council Session - 12/8/2020 Page 115 / 233
2003048x9
12. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement
is appropriate, the singular shall apply to the plural and the plural shall apply to the singular.
DATED: I—t D P , 1 J \ , 2003.
PERMITOR:
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal orpor /
1ation,
BYi1
ay W rice , Mayorr
Attest
RaNae Edwards, City Clerk
PERMITTEE:
BY:
Mic e Kolilhof
STATE OF NEBRASKA )
ss
COUNTY OF HALL )
On this 1 1 " day of Q 2003, bcfure one, the undcrsim,d, a Notary Public in and for said County and
Stale, personally appeared -4 .190 —, to me (mown to be the identical person who signed the foregoing Public
Sewor Cnnneerion Permit and ackn.wledwc the execution thereof to be Ins voluntary act and decd for the purpose therein
expressed.
WITNESS my land and Notarial Scat the date above written. -
TRICIAA GEflIGCE NuLUy Public
XPIRES „;{:,' _
Oecmber 12, 2008
3_
Grand Island Council Session - 12/8/2020 Page 116 / 233
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APRIL,: 9, 20T
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Grand Island Council Session - 12/8/2020 Page 117 / 233
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Pagc 2 of 3
paragraph 4 i nat an essossment but will be credited to a fuwre assessment in the cvent
that a sanitary sewer m ir is canstructed to serve tt is area at some time in the future. r,,,;``-
7, The I.icensees hereby waive the right to ptotest the creation of any sanitary
sewer distrkt to aarve this aru+. t;;;'_""
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It is undcrstood and agreed that the I3censees can construct and maintain and
s`r , `
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conncct their pdvate sanitary scwer scrvicc line to the City's Interceptor line in thc Parkvlew
Subdiv sion at thefr own risk. The Liccnscca hereby waive any claim for damages against r•!r:;:'w
the City, its ot iccrs agents, employees, and lndependent contractors for any demage ar r-.:,-•
injury that may result to said private line be ag cannected to the City's Interceptor luee in J,r,l'.
said easement. The Licensees agree to remove the private line wnnectton at any tirne such
removs l is necessary in order for the City to provide public servlces in the area,such as the
construction of a collector sewer main,or the iastallation,repair,or maintenance of other
utilities i the C ty's utiliry easement.
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9. The Licensee kaall indemnify and hold harmless the City fr m and against any r•y
t;;. and aQ lass and damage,c arimns,demands, suits,liabilities,and payrnents aun contract ar tort
A,
3
js.y,.-... .:a:: resulting fram pr as a result of the li ensees use of the Interceptor sanitary sewer line in
the Cirty's easeau ena area for the conn ctlon of a private sewer. ti.
n g ,.
10. Taeis la e se agreement shall take effect immediately upon the date of the execution e;
of this agreerner u 6y both parties and shall continue for an inde inite term; provided, that
either party rrony term inate this agreec ni at any time by giving the uther party nian ett,days
written notice ta+ihe ather. if the C3s s a uld require the tetmination of this agreem ai,ther;,.+;. . ,: .Licensees shall be requ ec t. ext r i sanitary sewer service to their b aa ding in another r., •,
satisfactory manner withoua cos1 to t e City. i,l;;;.:)
1yi`'`.', .:;;.
11. This agreean nt shall be bindin upon the parties heretc,their successors and assigns.
i._
WITNESS our si maII res the dates below w itten.
ITY OF GRAND SLAND,NEBRAS,
Y A Municipal Corporation
t
r' ,'' .. ,. ... Dated: _ / _ o— 90 By:
Mayor
Attest: I a e,1.,
Murinua Czaplewskx ity Clerk
i:;
Grand Island Council Session - 12/8/2020 Page 118 / 233
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Grand Island Council Session - 12/8/2020 Page 119 / 233
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Grand Island Council Session - 12/8/2020 Page 120 / 233
1
Catrina DeLosh
From:Kristi Wold <kristiw@hallcountyne.gov>
Sent:Tuesday, October 27, 2020 10:18 AM
To:Catrina DeLosh
Subject:RE: Instrument No. 90-107434
2503 Pioneer Blvd
Kristi Wold
Hall County Assessor
Register of Deeds
308-385-5050
kristiw@hallcountyne.gov
-----Original Message-----
From: Catrina DeLosh [mailto:catrinad@grand-island.com]
Sent: Tuesday, October 27, 2020 9:49 AM
To: Kristi Wold <kristiw@hallcountyne.gov>
Subject: Instrument No. 90-107434
What address is this tied to?
Thanks,
Catrina
Grand Island Council Session - 12/8/2020 Page 121 / 233
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THIS SPACE RESERVED FOR REGISTER OF DEEDS ·
I 00
PUBLIC SEWER CONNECTION AGREEMENT
This Public Sewer Connection Agreement is made by and between the CITY OF GRAND
ISLAND, NEBRASKA, a Municipal Corporation, herein referred to as the "City" and
Vernon Penas d/b/a PlwnBest Inc.; hereinafter referred to as "PlwnBest"
WITNESSETH:
WHEREAS, PlumBest desires to connect to Sanitary Sewer Interceptor D-l, a tract of land
comprising all of Lot Twelve (12) and the Easterly Sixteen and Eight Tenths feet (16.8') of Lot
Thirteen (13), Block "E", Parkview Subdivision, in the City ofGrand Island, Hall COWlty, Nebraska.
WHEREAS, the City will pennit sanitary sewer lines to connect directly to interceptor lines and
manholes, subject to certain conditions being met by PlwnBest.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter
contained, the parties agree as follows:
1. The City hereby grants to PlumBest a permit to connect the property at
2513 Pioneer Boulevard to the City's sanitary sewer interceptor at Manhole No. 70 as per Standard
Plan 129A, all as shown on the attached drawing dated March 28, 2007 in accordance with the
requirements ofthe Director of Public Works. Such connection is to be inspected and approved by
the City Plumbing Inspector.
1
Grand Island Council Session - 12/8/2020 Page 122 / 233
200702849
2. The sanitary sewer service line constructed and maintained by PlumBest shall be and
remain the property ofPlumBest, until the property is sold and in no event shall the City be required
to maintain the line.
3. If the construction or maintenance of PlumBest's private sanitary sewer service line and
connecting to the City's interceptor line requires the excavation ofdirt, removal ofhard surfacing,
grass, vegetation, landscaping, or any other disruption of the surface of the public right-of-way or
any other property, PlumBest shall restore the surface of the area to the same condition as it existed
immediately prior to PlumBest's work in the area. PlumBest shall obtain all necessary permits and
comply with the City requirements for excavations and surfacing when doing any such work in the
public right-of-way.
4. It is understood by PlumBest that the connection fee is Four Hundred Thirty-two and
60/1 00 Dollars ($432.60) = (123.6'x $3.50), payable to the City ofGrand Island prior to connection.
The City of Grand Island hereby acknowledges payment of said connection fee. It is further
understood by PlumBest that all plumber's fees and sewer tap fees are at PlumBest's own expense.
5. It is understood by and between the parties that the connection fee stated in Paragraph 4 is
not an assessment but will be credited to a future assessment in the event that a sanitary sewer main is
constructed to serve this area at some time in the future.
6. PlumBest hereby waives the right to protest the creation ofany sanitary sewer district to
serve this area.
7. It is understood and agrccd that PlumBest can construct, maintain, and connect their
private sanitary sewer service line to the City's sewer main at their own risk. PlumBest hereby waives
any claim for damages against the City, its officers, agents, employees, and independent contractors
for any damage or injury that may result to said private line being connected to the City's sewer main
in the public right-of-way. PlumBest agrees to remove the private line connection at any such time as
removal is necessary in order for the City to provide public services in the area, such as installation,
repair, or maintenance ofutilities in the public right-of-way.
8. PlumBest shall indemnifY and hold harmless the City from and against any and all loss
and damage, claims, demands, suits, liabilities, and payments in contract or tort resulting from or as a
result ofPlumBest's use ofthe sewer main in the public right-of-way for the connection of a private
sewer.
9. The Public Sewer Connection Agreement shall take effect immediately upon the date of
the execution ofthis document by both parties and shall continue for an indefinite term; provided, that
either party may terminate this agreement at any time by giving the other party ninety (90) days
written notice to the other. Ifthe City should require the termination of this agreement, PlumBest
shall be required to extend sanitary sewer service to said property in another satisfactory manner
without cost to the City.
2
Grand Island Council Session - 12/8/2020 Page 123 / 233
200702849
10. This agreement shall be binding upon the parties hereto, their successors and assigns.
11. This Public Sewer Connection Agreement shall be construed in accordance with the law
of the State ofNebraska and the City of Grand Island, Nebraska.
12. Wherever the context of the language in this Public Sewer Connection Agreement is
appropriate, the singular shall apply to the plural and the plural shall apply to the singular.
DATED: _B~.J:~}___~__, 2007.
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
BY:~)(~
Margare Homady, Mayor
Attest: PSI 4JZ... ~~
RaNae Edwards, City Clerk
BY:
II 1/l/~ (:P-1T1 tU-
Vernon Penas, President
PlumBest Inc.
i/J,t,twH ~ ~,
STATE OF NEBRASKA )
ss
COUNTY OF HALL )
On this 'ft:.h day of fl f' l- I' I . 2007, before me, the undersigned, a Notary Public in and for said County
and State, personally appeared V,..Y110Yl P t? Yl <<tS ~ PYr"s ,)..d t.' -F ?)//WI/!"'( r r" c ' ,
to me known to be the identical person who si,w:led the orCWllllg Public Sewcr Connccllon ~mcnt and acknowlcdJ;Cs
the execution thereof to be his voluntaly act and deed for the purpose therein expressed.
WITNESS my hand and Notarial Seal the date above written.
3
APu1k ~() f;A Jft;;;"
GENERAl NOTARY . state ofNebraska
I DAAWVN D. BUETTNER
MyComm. Exp. March 4, 2009
Grand Island Council Session - 12/8/2020 Page 124 / 233
200702849
ARKV E'vI
106.8' 106.8' 106.8' 106.8' 106.8' 106.8'
PIONEER BOULEVARD
106.8' 106.8' 90' 6.8' 106.8' 106.8'
I 125131
16.8' ~
I
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I
15 14 13 I 12 11 10
I SUBDIVISIONI
I
M.H. No. 70 I
14'_:E~ 16.8' t-6'
106.8' 106.8' 90' 106.8' 106.8' 106.8'
D-l' INTERCEPTOR M.H. No. 70
OLDE MILL SUBDIVISION
GRAND_ISLAND
PUBLIC WORKS DEPARTMENT
DATEl 3-28-07
DRN BY: P.E.S.
SCALE: 1"=100'
PENAS PUBLIC SEW'ER
CONNECTION
AGREEMENT
Grand Island Council Session - 12/8/2020 Page 125 / 233
200702849
MANHOLE RING & COVER TO BE
DEETER NO. 1030 OR EQUAL, WITH
MACHINED EDGES & MINIMUM WEIGHT
OF 450 LBS.
SEE STANDARD PLAN NO. 130-A
FOR DETAIL OF RING & COVER &
PLAN VIEW
USE ADJUSTING RINGS OR
2 TO 5 CENTERS OF BRICK
IN ADJUSTING RING TO GRADE
MANHOLE NOTES
1. AlL MANHOLES RINGS TO BE SET IN MORTAR.
2. INSIDE DIAMETER OF "AHHOLES TO BE 4'-0" FOR PIPE
lHflOUCH 2..... 5'-0" FOR PIPE 2r THROUGH 38", ... e'-O"
FOR PIPE 42" lHROUCH """ IN SIZE.
J. 12" "INI"U" THICKNESS ADJUSllHG RINGS UNDER MAHHOl.!
RING IS REQUIRED 'MiEN MANHOLE IS LOCAlED IN ROADWAys'
PARKING AREAS. SIOEWA1.KS. Efe.
PRECAST MANHOL( ClRCUl..AR SECnONS TO BE PER ,.,s. T....
C-47ll-ea.
5. MNIHOI...E SlEPS IN PRECAST "AHHOLES TO BE GROU1EO
WITH EXPANDING GROUT.
6. MANHOLE INVERTS SHAll. BE POURED CONCRElL .
7. EXa::PT FOR DROP ASSEMBLY, THE CONSlROCnON Of DROP
MANHOlES INa.uDlNG MATERIAlS SHAlL BE SI..llAR TO
THAT fOR A STANDARD MANHOlE
J
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1<(
1.
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I
USE DEETER NO.
1603 IRON STEPS
OR EQUAL
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NOT TO SCALE
6" FOR 4' DIAMETER MANHOLE
8" FOR 5" DIAMETER MANHOLE
CITY OF GRAND ISLAND NEBR,
ENGINEERING DEPARTMENT
DATEI4-23~91
DRN. BY' P.S.
ALL CONCRETE TO
CONFORM TO DIVISION
II CONCRETE PAVING
SPECIFlCATlONS.
STRAP DROP STRUClURE
TO MANHOLE WALL AT
3'-0" INTERVALS
WITH STAINLESS STE8-
ANCHORS 8 STRAPS.
1.0. 1.0. "'AttINCOMINGDROP
PIPE PIPE MINIMUM
4" 4" 2'-0"
6" 6" 2'-0"
NOTE:
DROP PIPE ANY LARGER
THAN 6" CAN ONLY BE
INSTALLED IN A MANHOLE
WITH PERMISSION OF THE
PUBLIC WORKS DEPT.
MANHOLE SIZE MAY VARY.
INSIDE DROP MANHOLE PLAN
FOR A
PRIVATE SERVICE LINES 129-
Grand Island Council Session - 12/8/2020 Page 126 / 233
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Sl NITIURY SBi LICENSB AE3RE lEIdT-' 9Q--' 104770
1' : :
H.TS !aitEBMENT entered into between the citp of E3rand Yslard,
s Nebraska, hereinafter called the y'City", snd ROBERT N. i tLEY AND
p YI,LZS J.. MJ 11LBY, husband auid wife, of Grand Ssland, Nebraska, '
hareinafter zeferred to, as the "Licensees'!. ,
WI'Pi SS: . .
W ERE iS, the Licenseee rlesire to eennect the . property
f
dasc tibed as: Al2 of Lat Tbisteeu (13) in Blocl E,Fatlicview Additioa, a the
1lortheas Quszter(IIE) of Saction ttty-nine (29) and the NoxtMtast Qu irter
Nii} of Sect3an Ztreaty-eigbt. (28), ToWnship Blevea (11} Nortlis Ranga Nine (9)
iT st of the 6th P.H., Ea11 Couuty, Nsbras a, szcapt t a East 16.8, Feet thereof
snd azcapti»g tlie iiesteriy 90 Feet of t.he Northsrly 180 Feet of aaid Lot TI iYtean
9 13) previously conveqed to the Grantees by Warraaty Deed recorded aa docvsent
i 81-00537ivf tbe Deed Recorda of Hali County, NebraslRa.
W'EAS, tbis Council wi11 permit private sanitary sewer lines
to connect directly to Interceptor Lines, subject to certain;
conditians beinq met by the Li.censees;
i NCyW, • THEREEORE, fn consideration of the covenants and
agreements hereinafter contained, the parties agree as follows:
1. The Ctty herehy grants to the Licensees a license to
coslneat the property at 2515 Pioneer HoulevaYd to Zateraegtor f
Sanitary Sewer Line D-1 which is located in the City's utility
easement along the soutb side of Black E, Parkview Subdivis on,
such aonnectioa to be inspected and approved by the City's Fr,
Departmeat of Public Works. f_
2. The sanitary sewex service line constructed and
matntaine by the Licenseee sha11 be and rem in the property of theELicenseesandinaoeventshalltheCityberequiredtamaintain
said line.
E 3. The Licensees shall obtain permission to insta7.l aid
sanitary sewer line from the owners of a11 tracts aerose which sgidlinewillrunpriortobeqinninqinstallation.
4. if the construction or maintenance of the Licenseeg'
private sanita y sewer service line and conisection to the City's
Interceptor line requires the excavation of dirt, removal of
hardsurfacinq, or any other disruption of the surface of the City's
utility easement, the Licensees shall restore the aurface of the
area to the same condition as it existed im ne8iately prior to the
Licenseea• work in the area. The Licensees shail obtain all
neces ary permits and comply- with .the .City . r quiremeats. ..for .__..._. __.._. __ .
excavations and surfasing when doing any such work in said
easeinent.
a. it is understood by the Licensees that the conaection fee
is =3'.50 per £ront foot x 306.8 feet, or t3T3.60, payable to the
City upon connection. t is further understood by the L3censees
that all. plumber's fees and sewe t p fees are their own expense.
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Grand Island Council Session - 12/8/2020 Page 127 / 233
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9-- 104'70
1.
Sanit.a ry Sewer Lic Agmt - City/iKanley ` 94 $g` _
lttg tst 1, 1990 • G ,
Paqe 2` of 3
6. It is undera ood by and between t e parties. that `the
rie ia fee stat ir p ayragh 4 is t t an assessment but.will =
f be cretlited to `a uture assessment in the eveat that a sanitary
sewer main is onstsucted to serve thi.s area' at some time in the
4 future.
7. T'he Licensees hereby wa i.ne the right to prote$t tlie -
crea i.on of any sanitary sew r district to serve this area.
8. It is understood and aqreed that the Licensees can
construct and mafntain and connect their private sanitary ser er
servi.ce line to the City's Interceptor line in the Parkview
Subdivision, at their own risk. The Lacensees herehg wzei.ve any
claim for . dam$ges against the City, its officers, aqents, ,
employees, and independent contractors for any damaqe or. injuty
that may result to said prtvate line beinq connected to the City's
Interceptoz line in said e sement. The Licensees agree to remove
the private line cannection at any time such removal is neceseary
in order for the City to provide public services in the area, such
as the constr ction of a collector sewer main, or the installation,
repair, or maintenance of, other utilities in the. City's utility
easement.
9. The Licensees shall in emnify and hold harmless the City
from and against any and all loss and damage, claims, demands,
suits,. liabilities, and payments in contract or tort resultinq from
or as a resu t of the L3censees' use of the Interceptor sanitary
sewer line i the City's easement area €or the connection of a
private sewer.
10. This license agreement shall take e fect immediately upon
i the date of the execution of this agreement by both parties and .
a either artshallcontinuefvranindefiniteterm; provided, th t p Y
may terminate this agreement at any time by giving the other party
ninety days written notice to . the • other. If the City shoul8
require the termination of this agreement, the Licdnsees shall be
required to extend sanitary sewer service to their building in
another satisfactory manner without cost to the City.
1. This agreement shall be binding upon the pa ties hereto,
their successors. and assiqns.
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Grand Island Council Session - 12/8/2020 Page 128 / 233
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e-x-'. -. SS our siqnature the datea beZas written.
CITY OF 6RAItD ISL iND, NE8R IS U,
1 Municipal Corporation _.
Dateds gy: v
Chuck Baasc ; t yar
Attest:
Muritta plews] ,
Aot City Clerk
LICENSEES
Dated:
RO8E1tT N. MI NLEY
FHYLL .f. .
ST7 1TE OF NEBR iSK11 )
1 SS
COUi1TY pF HALL
On this ,_ day of August, 1990, the above Sanitary Sewer
License Agreen ent wae acknowledqed before me by ROBERT N. MANLEY
and PHYLLIS',7. M iNLEY, hueband and wife.
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Grand Island Council Session - 12/8/2020 Page 129 / 233
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SANiTA Y CEWF. I,iCEP E•3 C3'R E EIVT 1
1' :`'' ' THI A C E M1EIvT entcr d into behvcen the CITY OF G1Fh'1 VD IS AND, I:
i;,:. NE1 fftA5K.A, he3 inafter ca led t)he ".'irnr", and the EVANGELICAL. A2EE CH'k CH, i,'
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of C a tt ls nc, Nebraska, hereniAftc,p r,eferr tp as the °Licensee". c
Vti'i N SSFTli:
WI3EREAS, the l.ice see esbr s o cannect the praperty described s:
t
Lats 1-17, Block 1,C?C nSnli Sal division in the Ci y of Grt a d Isl a, all Cai nh,
jVebra Ca
Lot 1•2G, Block 2, Id Mill SeaUdivision in the City g Ga a d dsland, H 11 County,
N braska
WfIEREAS, thic Cc uncil will permit private sanitary sewer lines to connect directly
ta Intorceptor Lines, subjact to cert in conditians being met by the License;
NOW,TFIEREFOI E, in considaratian of the coven nts and agreements hereinafter
cantained, tho pArtios agrce as fallo:s:
1. Tho City hereby $rants to the Licensse a license to connect the property at
2520 Mill Rivor Road to Interceptor Sanitary Se er L.ine D-1 which is located in the City's
utillty easement along tho north side Qff lock 1, Old Mlll Subdivision, such connection ta
be In9peeted and approvod by the City's Department of Public Works.
2. 'Y'he sanits ry s ver seivice line constructed and maint a ed by the Lieensee
shall be and ramain the property of the Licensee and in no e e 4 s ts t City be reyuired
ta maint ln said line.
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Grand Island Council Session - 12/8/2020 Page 131 / 233
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3, Th Gicenaoe sh till abt.iu p rnui;4i.n ta i aatail snid sanita y s wer lin from
th a vnerq of all tract aer s va inl saicl lin vill run priar ta beginni g installatian.
d. tf 4he conntniatian car rn intajnai or. of tl e Licepsee's private s nit ry se veP
serrrice li a d conn ctivn tv thP Ci.ry's lRjt,rcc tor linc rtquires ttie exc.qtiatic n af dirt
r moval af harde urfaein, or nny ath r vie,ruptdun of the suif ce of th CI4y's utllity i
et sament, tho Licena o st nll r st rr th: sucfuce of the nrea to the same comditian as it
existod immediAl ely primr ta ths L.iaot nc's work n tha r4a. The Licensee shall obtaiu All j
necess ry permits nd comnly w,itti t iry roquirementa far excnvations t nd au'cing
whon doin Any such war C in s id es snmc:nt,
S. It ia und rstuod by d» Ltaansoe thnt thc cannectlan fee s S3,S0 per frant
faot x 970,6 faet, or $3,347,1p, pnyablu to the Clty upan conneetion. It is further
undorstocad by tho L1G0118A0 that all plumb r's f es and sewcr t p fees are theix a vn
exponse.
6. It is utad.erstaad b nd botween the parties thzt che conn ctian ffec stuted in
raragraph S is n4i an ,as assmBnt but wi11 b credited t a future asses.ament in the e eni
QI At a x itary sn ver r:in is constructed to serve ihis nrea at som time i a th futn re.
Tho Licensee hereb•ives the ri$ht tu protest the cr atian of any sanitary
s v r c is?xact ta s,rvu this area. y;-I.,;.1,'iC
r
J, It is understoad a d a reed that the Licensee can canstruct and rrnaimifl n and
cann ct c.prnvate sanitary se ver se ice line to the City's Interceptor line i t e ,at their
i uwu re k. Th Licensee hereby aives 1ny claim for da nages gair s the G'ity, its officers,
gant employees, and 'endependent cantractors for any dama e or injury that inay r saalt
4a said prnvate line being connected to the City's lnterceptor line in said easement. The
Glcan ee agrees to remove the private line connection at any time such ramoval is necessary
in order for the City to provlde publi serviees in the area. such as the conatruetlon af a
cullectar sewer uain, ar il e ina ail tion, repair, or maintenance af other utiliti s in the
City's utility easement.
9. The Licensee sl all indemnify and hald harmless the Ciry from and agalnst
any and all loss and damage, claims, demands, suits, liabilities, and payments in contract
or tort rasultinB from ar as a result of the Licensee's use af the Interceptor sa it ry sewer
line in the City's easement area for the connection of private sewer.
10. This license agreement shall take effect immediately upon the date of the
executian of this agreement by both parties and shall continue far an indefinite term;
provided. that either parry may terminate this agreement at any time by givin the ather
pArty ninety days written natice to ihe other. If the City should require the tenninntion of
this agreement, the Licensee shall be reyuired to exteud sanitary sewer service to thcir
buildin$ iu another satisfactory manncr vith ut cost ta 1he City.
11. This agreement shall be bi din upon the parties hereto,thelr succe sors and
I
Grand Island Council Session - 12/8/2020 Page 132 / 233
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l:y;j;,; Attest:
s°. Mur 4ta pl w i, City C1 rkY .7:.)
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lil:i:l;:!'.
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Dated: tP-a'ti_n BY: J
Stept r P. Morras, Chairman
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STATE OF IV BRASI{A ) I_ _ --_ - -
SS i6 Alll 10fMY 1f Ii M
C`_OUNTY OF HALL e::p;.n.." r
On the above Sanitary Sewer License Agreement wasI
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acknowledsed before me by STEPHEN P. MORRIS for EVANG LICAI.. FREE
CHURCH.
A / •I
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Notary Public
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Grand Island Council Session - 12/8/2020 Page 133 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-322
WHEREAS, Sanitary Sewer District No. 545; Parkview Subdivision, was created
by Ordinance No. 9794 on October 13, 2020; and
WHEREAS, notice of the creation of such sewer district was published in the
Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943;
and
WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of
record title representing more than 50% of the front footage of the property abutting upon the
streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with
the City Clerk within thirty days from the first publication of said notice written objections to
such district, said work shall not be done and the ordinance shall be repealed, and
WHEREAS, the protest period ended on November 23, 2020, and eight (8) valid
protests representing 19.36% of the total District frontage were received.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed
with the City Clerk against the creation of Sanitary Sewer District No. 545; Parkview
Subdivision, therefore such district shall be continued and constructed according to law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 134 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-8
#2020-323 - Approving Amendment No. 1 to Engineering
Consulting Agreement for Wastewater Treatment Plant Paving
Improvements; Project No. 2020-WWTP-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 135 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Approving Amendment No. 1 to Engineering Consulting
Agreement for Wastewater Treatment Plant Paving
Improvements; Project No. 2020-WWTP-1
Presenter(s):John Collins PE, Public Works Director
Background
The Wastewater Treatment Plant Paving Improvements; Project No. 2020-WWTP-1 is
for the improvement of existing paving and drainage within the plant and the construction
of a new main entrance driveway from Shady Bend Road. In addition to paving, existing
perimeter fencing and gates will be reconfigured to enclose the property. Lighting and
additional piping with one combined outlet to the adjacent drainway for a localized
dewatering system will also be incorporated with this work. The Public Works
Department is proposing a concrete curb and gutter section with associated drainage and
all other improvements needed to complete the project.
On March 10, 2020, via Resolution No. 2020-60, City Council approved an Engineering
Services Agreement with Olsson Associates of Grand Island, Nebraska in the amount of
$95,900.00 for Wastewater Treatment Plant Paving Improvements; Project No. 2020-
WWTP-1.
Discussion
With the completion of design and letting of the project for bid it is now time to move
forward with construction engineering & observation services and project closeout. An
amendment to the original agreement with Olsson, Inc. is requested at this time, in the
amount of $164,500.00, resulting in a revised agreement amount of $260,400.00.
Grand Island Council Session - 12/8/2020 Page 136 / 233
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 Amendment No. 1 to the
original agreement with Olsson, Inc. of Grand Island, Nebraska, in the amount of
$164,500.00.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 12/8/2020 Page 137 / 233
201 East 2nd Street Grand Island, Nebraska 68801
O 308.384.8750 / olsson.com
LETTER AGREEMENT
AMENDMENT #1
Date: November 24, 2020
This AMENDMENT (“Amendment”) shall amend and become a part of the Letter Agreement for
Professional Services dated March 10, 2020 between City of Grand Island, NE (“Client”) and
Olsson, Inc. (“Olsson”) providing for professional services for the following Project (the
“Agreement”):
PROJECT DESCRIPTION AND LOCATION
Project is located at: Grand Island Wastewater Treatment Facility – Grand Island, NE
Project Description: WWTF Paving Improvements
SCOPE OF SERVICES
Client and Olsson hereby agree that Olsson’s Scope of Services under the Agreement is
amended by adding the services specifically described below for the additional compensation set
forth below:
PHASE 620 – CONSTRUCTION ADMINISTRATION SERVICES
Olsson shall assist the Owner in the Administration of the project during the construction phase
of the project. Olsson shall perform the tasks listed below:
Task 621: Organize Pre-construction Meeting - Olsson shall organize and attend the
pre-construction meeting, assist in preparing the meeting agenda, and shall
prepare and distribute to all attendees (narrative style) minutes of the pre-
construction meeting.
Task 622: Review Submittal Data - Olsson shall review the Contractor’s submittal data
on materials for general conformance with the intent of the design. A total of
14 submittals are anticipated.
Task 623: Construction Progress Meetings - Olsson shall organize and conduct
construction progress meetings, prepare the meeting agenda, and shall
prepare and distribute to all attendees (narrative style) minutes of the
progress meetings for the project. A total of eight construction progress
meetings are anticipated.
Task 624: Review Progress Payments and Change Orders - Olsson shall review the
Contractor’s monthly progress payment applications for general
conformance with the progress of the work and mathematical accuracy.
Olsson shall review and prepare construction change order requests and
Grand Island Council Session - 12/8/2020 Page 138 / 233
201 East 2nd Street Grand Island, Nebraska 68801
O 308.384.8750 / olsson.com
present to the Client. A total of eight progress payments and two change
orders are anticipated.
Task 625: Review Final Application for Payment - Olsson shall review the
Contractor’s final application for payment and the accompanying
documentation for compliance with the contract requirements.
Task 626: Construction Project Management – Day to day coordination and
correspondence with parties of interest to insure timely project advancement
and progress updates.
PHASE 630. SCADA Integration
Olsson shall assist the Owner in the Administration of the project during the construction phase
of the project. Olsson shall perform the tasks listed below:
Task 631: SCADA Integration – Olsson shall design the SCADA integration for the
cameras and gate controls. SCADA integration/administration to included
programming and configuration to match existing WWTP system.
PHASE 640. CONSTRUCTION OBSERVATION SERVICES
Olsson shall perform full time construction observation services on behalf of the Client during the
construction of the project.
Task 641: Construction Observation - Duties and responsibilities of the Olsson’s
Resident Project Representative shall be as described in “Exhibit B - Duties,
Responsibilities, and Limitations of Authority of the Resident Project
Representative.” A representative will be on site when work of substance is
being completed. A total of sixteen weeks of full time observation at 42 hours
per week and sixteen weeks of part time observation at 25 hours per week
is anticipated (estimated total of 1,072 hours).
Task 642: Construction Materials Testing – Olsson shall perform the materials
testing for the project. The testing that is anticipated is soil compaction testing
and concrete testing. Any testing on the dewatering water shall be the
responsibility of the Contractor.
Task 643: Construction Staking – Olsson shall be responsible for the construction
staking required to complete the work for the storm sewer, water, sanitary,
and paving. The level of construction staking that is to be provided are
detailed in the project specifications. A total of 11 staking trips are
anticipated.
Grand Island Council Session - 12/8/2020 Page 139 / 233
201 East 2nd Street Grand Island, Nebraska 68801
O 308.384.8750 / olsson.com
PHASE 700. Additional Design Services
Olsson shall complete the following additional design services. These services shall include the
following:
Task 701: Additional Topographic Survey - Olsson shall establish control points with
known vertical and horizontal coordinates. Olsson shall perform topographic
survey along the proposed south ditch and east ditch to connect the detention
ponds with an outlet to Shady Bend Road.
Task 702: Additional Design - Olsson shall design a ditch south of the WWTF to
connect two of the detention ponds for overflow capabilities. Olsson shall
also design an outfall ditch from the eastern most detention pond to the
existing ditch section along Shady Bend Road.
Task 703: Additional Permitting – Olsson shall complete and submit a Nationwide
Permit Pre-Construction Notification to the USACE for the work being done
near and in the eastern most detention pond.
PHASE 800. PROJECT CLOSE-OUT
Olsson shall complete the following services to close out the project. These services shall include
the following:
Task 801: Organize Final Inspection - Olsson shall organize and attend the final
inspection of the project with the Client’s personnel and regulatory agencies
and provide written comments to the Client.
Task 802: Review Contractor’s Records - Olsson shall review the Contractor’s record
drawings for completeness and legibility. Olsson shall identify additional
information that may be required to complete the project record drawings and
request the information from the Contractor.
Task 803: Prepare Record Drawing Package - Using the Contractor’s and Olsson’s
Resident Project Representative’s record drawings, Olsson shall revise the
construction documents to reflect the construction records for the project.
Olsson shall also prepare a summary of the materials testing that was
completed on the project. Olsson shall provide the Client with two (2) sets of
record drawings and testing package and a CD of the .pdfs of the record
drawings and testing package.
Grand Island Council Session - 12/8/2020 Page 140 / 233
201 East 2nd Street Grand Island, Nebraska 68801
O 308.384.8750 / olsson.com
SCHEDULE FOR OLSSON’S SERVICES
Unless otherwise agreed, Olsson expects to perform its services covered by this Amendment as
follows:
Anticipated Start Date: November 25, 2020
Anticipated Completion Date: August 15, 2021
Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services
on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated
Completion Date, and any milestone dates are approximate only, and Olsson reserves the right
to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including,
but not limited to, delays caused by Client or delays caused by third parties.
COMPENSATION
For the additional Scope of Services specifically set forth in this Amendment, Client shall pay
Olsson the following fee in addition to the fee(s) set forth in the Agreement:
Client shall pay to Olsson for the performance of the Scope of Services, the actual time of personnel
performing such services on an hourly cost basis times a factor of 3.085 for services rendered by
our principals and employees engaged directly on the Project, and all actual reimbursable
expenses in accordance with Reimbursable Expense Schedule attached to this Agreement.
Olsson shall submit invoices on a monthly basis and payment is due within 30 calendar days of
invoice date.
Olsson’s Scope of Services will be provided on a time and expense basis not to exceed
$164,500.00.
TERMS AND CONDITIONS OF SERVICE
All provisions of the original Agreement not specifically amended herein shall remain unchanged.
If this Contract Amendment satisfactorily sets forth your understanding of our agreement, please
sign in the space provided below. Retain a copy for your files and return an executed original to
Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth
above, unless changed by us in writing.
Grand Island Council Session - 12/8/2020 Page 141 / 233
201 East 2nd Street Grand Island, Nebraska 68801
O 308.384.8750 / olsson.com
OLSSON, INC.
By __________________________________ By __________________________________
Joe Baxter Jeff Palik
By signing below, you acknowledge that you have full authority to bind Client to the terms of this
Amendment. If you accept this Amendment, please sign:
CITY OF GRAND ISLAND, NE
By _____________________________
Signature
Printed Name ____________________
Title ____________________________ Dated: _________________________
Attachments
Resident Project Representative Duties
Grand Island Council Session - 12/8/2020 Page 142 / 233
EJCDC Exhibit B (Adapted) EB-1
EXHIBIT B
A LISTING OF THE DUTIES, RESPONSIBILITIES
AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
ENGINEER shall furnish a Resident Project Representative (RPR), assistants and other field
staff to assist ENGINEER in observing performance of the work of CONTRACTOR.
Through more extensive on-site observations of the work in progress and field checks of
materials and equipment by the RPR and assistants, ENGINEER shall endeavor to provide further
protection for OWNER against defects and deficiencies in the work of CONTRACTOR; but, the
furnishing of such services will not make ENGINEER responsible for or give ENGINEER control
over construction means, methods, techniques, sequences or procedures or for safety precautions
or programs, or responsibility for CONTRACTOR's failure to perform the Work in accordance with
Contract Documents and in particular the specific limitations set forth in the Agreement as
applicable.
The duties and responsibilities of the RPR are limited to those of ENGINEER in ENGINEER's
agreement with the OWNER and in the construction Contract Documents, and are further limited
and described as follows:
A. General
RPR is ENGINEER's agent at the site, will act as directed by and under the supervision of
ENGINEER, and will confer with ENGINEER regarding RPR's actions. RPR's dealing in matters
pertaining to the on-site work shall in general be with ENGINEER and CONTRACTOR keeping
OWNER advised as necessary. RPR's dealing with subcontractor shall only be through or with the
full knowledge and approval of CONTRACTOR. RPR shall generally communicate with OWNER
with the knowledge of and under the direction of ENGINEER.
B. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and
schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning
acceptability.
2. Conferences and Meetings: Attend meeting with CONTRACTOR, such as
preconstruction conferences, progress meetings, job conferences and other project-
related meetings, and prepare and circulate copies of minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist in understanding the intent of the
Contract Documents; and assist the ENGINEER in serving as OWNER's liaison with
CONTRACTOR when CONTRACTOR's operations affect OWNER's on-site
operations.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by CONTRACTOR, and notify
ENGINEER of availability of samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of any Work
requiring a Shop Drawing or sample if the submittal has not been approved by
ENGINEER.
Grand Island Council Session - 12/8/2020 Page 143 / 233
EJCDC Exhibit B (Adapted) EB-2
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist ENGINEER in
determining if the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to ENGINEER whenever RPR believes that any Work is unsatisfactory, faulty
or defective or does not conform to the Contract Documents, or has been damaged,
or does not meet the requirements of any inspection, test or approval required to be
made; and advise ENGINEER of Work that RPR believes should be corrected or
rejected or should be uncovered for observation, or requires special testing,
inspection or approval.
c. Verify that tests, equipment and systems startups and operating and maintenance
training are conducted in the presence of appropriate personnel, and that
CONTRACTOR maintains adequate records thereof; and observe, record and report
to ENGINEER appropriate details relative to the test procedures and startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of these inspections and report to
ENGINEER.
6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and
interpretations of the Contract Documents are needed and transmit to CONTRACTOR
clarifications and interpretations as issued by ENGINEER.
7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings and Specifications and report with RPR's recommendations to ENGINEER.
Transmit to CONTRACTOR decisions as issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of job conferences,
Shop Drawings and samples, reproductions of original Contract documents
including all Work Directive Changes, Addenda, Change Orders, Field Orders,
additional Drawings issued subsequent to the execution of the Contract,
ENGINEER's clarifications and interpretations of the Contract Documents, progress
reports, and other Project related documents.
b. Keep a diary or log book, recording CONTRACTOR hours on the job site, weather
conditions, data relative to questions of Work Directive Changes, Change Orders or
changed conditions, list of job site visitors, daily activities, decisions, observations in
general, and specific observations in more detail as in the case of observing test
procedures; and send copies to ENGINEER.
9. Reports:
a. Furnish ENGINEER periodic reports as required of progress of the Work and of
CONTRACTOR's compliance with the progress schedule and schedule of Shop
Drawing and sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of
important phases of the Work.
c. Draft proposed Change Orders and Work Directive Changes, obtaining backup
material from CONTRACTOR and recommend to ENGINEER Change Orders, Work
Directive Changes, and Field Orders.
d. Report immediately to ENGINEER and OWNER upon the occurrence of any
accident.
10. Payment Requests: Review applications for payment with CONTRACTOR for
compliance with the established procedure for their submission and forward with
recommendations to ENGINEER, noting particularly the relationship of the payment
requested to the schedule of values, Work completed and materials and equipment
delivered at the site but not incorporated in the Work.
Grand Island Council Session - 12/8/2020 Page 144 / 233
EJCDC Exhibit B (Adapted) EB-3
11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify
that certificates, maintenance and operation manuals and other data required to be
assembled and furnished by CONTRACTOR are applicable to the items actually installed
and in accordance with the Contract Documents, and have this material delivered to
ENGINEER for review and forwarding to OWNER prior to final payment for the Work.
12. Completion:
a. Before ENGINEER issues a Certificate of Substantial Completion, submit to
CONTRACTOR a list of observed items requiring completion or correction.
b. Conduct final inspection in the company of ENGINEER, OWNER, and
CONTRACTOR and prepare a final list of items to be completed or corrected.
c. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance.
C. Limitations of Authority
Resident Project Representative:
1. Shall not authorize any deviation from the Contract Documents or substitution of materials
or equipment, unless authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or
CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction unless such
advice or directions are specifically required by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over safety precautions
and programs in connection with the Work.
6. Shall not accept Shop Drawing or sample submittals from anyone other than
CONTRACTOR.
7. Shall not authorize OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by ENGINEER.
Grand Island Council Session - 12/8/2020 Page 145 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-323
WHEREAS, on March 10, 2020, via Resolution No. 202020-60, the Grand Island
City Council approved entering into an agreement with Olsson Associates of Grand Island,
Nebraska in the amount of $95,900.00 for Wastewater Treatment Plant Paving Improvements;
Project No. 2020-WWTP-1; and
WHEREAS, the original agreement is now being amended to include construction
engineering & observation services and project closeout for such project; and
WHEREAS, such amendment is in the amount of $164,500.00, for a revised
agreement amount of $260,400.00; and
WHEREAS, Amendment No. 1 to the original agreement with Olsson, Inc. of
Grand Island, Nebraska is required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Olsson, Inc.
of Grand Island, Nebraska for construction engineering & observation services and project
closeout related to Wastewater Treatment Plant Paving Improvements; Project No. 2020-
WWTP-1 is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 146 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-9
#2020-324 - Approving Temporary Construction Easement for
North Road- 13th Street to Highway 2 Roadway Improvements;
Project No. 2019-P-5 (Peace Lutheran Church of Grand Island,
Nebraska- 170 N North Road and Starostka Group Unlimited, Inc-
3853 & 3859 W Capital Avenue)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 147 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Approving Temporary Construction Easement for North
Road- 13th Street to Highway 2 Roadway Improvements;
Project No. 2019-P-5 (Peace Lutheran Church of Grand
Island, Nebraska- 170 N North Road and Starostka
Group Unlimited, Inc. - 3853 & 3859 W Capital Avenue)
Presenter(s):John Collins PE, Public Works Director
Background
The North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5
is for the improvement of North Road from just north of 13th Street to Highway 2. The
Engineering Division of the Public Works Department is proposing a concrete curb and
gutter roadway section with associated sidewalk, traffic control, drainage and related
improvements needed to complete the project.
Temporary Construction easements are needed to accommodate the construction activities
for North Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5,
which must be approved by City Council. The temporary construction easements will allow
for the roadway improvements to this area.
A sketch is attached to show the temporary construction easement areas.
Discussion
Temporary construction easements are needed for North Road- 13th Street to Highway 2
Roadway Improvements; Project No. 2019-P-5 to be constructed.
Engineering staff of the Public Works Department negotiated with the property owners
for use of such temporary construction easements.
Grand Island Council Session - 12/8/2020 Page 148 / 233
Property
Owner
Legal Description Amount
Peace
Lutheran
Church of
Grand
Island,
Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN THE
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING
DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SBUDIVISION; THENCE N89O23’02”W
(ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A
DISTANCE OF 124.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N89O23’02”W ON SAID NORTH LINE, A
DISTANCE OF 21.11 FEET TO THE NORTHWEST CORNER OF
SAID LOT 1; THENCE S49O33’07”E, A DISTANCE OF 38.25 FEET;
THENCE S89O23’02”E, PARALLEL WITH AND 24.50 FEET
DISTANT FROM SAID NORTH LINE, A DISTANCE OF 44.33
FEET; THENCE S56O38’11”E, A DISTANCE OF 8.29 FEET;
THENCE N89O43’27”E, A DISTANCE OF 42.03 FEET; THENCE
N60O41’04”W, A DISTANCE OF 28.80 FEET; THENCE
N89O23’02”W, PARALEL WITH AND 14.50 FEET DISTANT FROM
SAID NORTH LINE, A DISTANCE OF 76.33 FEET; THENCE
N00O36’58”E, PERPENDICULAR TO SAID NORTH LINE, A
DISTANCE OF 14.50 FEET TO THE POINT OF BEGINNING,
CONTAINING 1189 SQUARE FEET, MORE OR LESS.
AND
REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE S00O52’18”E
(ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 41.20 FEET; THENCE N60O41’04”W, A DISTANCE
OF 17.35 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N60O41’04”W, A DISTANCE OF 5.78 FEET;
THENCE S00O52’18”E, PARALLEL WITH AND 20.00 FEET
DISTANT FROM SAID EAST LINE, A DISTANCE OF 57.14 FEET;
THENCE N89O07’42”E, PERPENDICULAR TO SAID EAST LINE, A
DISTANCE OF 5.00 FEET; THENCE N00O52’18”W, PARALLEL
WITH AND 15.00 FEET DISTANT FROM SAID EAST LINE, A
DISTANCE OF 54.23 FEET TO THE POINT OF BEGINNING,
CONTAINING 278 SQUARE FEET, MORE OR LESS.
AND
REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W
(ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 325.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N00O52’18”W ON SAID EAST LINE, A
DISTANCE OF 195.00 FEET TO THE SOUTHEAST CORNER OF
AN EXISTING 80 FOOT EASEMENT ON SAID LOT 1; THENCE
N89O22’02”W ON THE SOUTH LINE OF SAID EXISTING 80 FOOT
EASEMENT, A DISTANCE OF 5.00 FEET; THENCE S00O52’18”E,
PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID EAST
LINE, A DISTANCE OF 195.13 FEET; THENCE N89O07’42”E,
PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 5.00
FEET TO THE POINT OF BEGINNING, CONTAINING 975
$438.90
Grand Island Council Session - 12/8/2020 Page 149 / 233
SQUARE FEET, MORE OR LESS.
AND
REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W
(ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 180.39 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N00O52'18”W ON SAID EAST LINE, A
DISTANCE OF 10.00 FEET; THENCE S89O07’42”W,
PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 5.00
FEET; THENCE S00O52’18”E, PARALLEL WITH AND 5.00 FEET
DISTANT FROM SAID EAST LINE, A DISTANCE OF 10.00 FEET;
THENCE N89O07’42”E, PERPENDICULAR TO SAID EAST LINE, A
DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 50 SQUARE FEET, MORE OR LESS.
AND
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W
(ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 10.00 FEET; THENCE N89O21’53”W, PARALLEL
WITH AND 10.00 FEET DISTANT FROM THE SOUTH LINE OF
SAID LOT 1, A DISTANCE OF 43.36 FEET; THENCE S00O52’18”E,
PARALLEL WITH SAID EAST LINE, A DISTANCE OF 10.00 FEET
TO SAID SOUTH LINE; THENCE S89O21’53”E ON SAID SOUTH
LINE, A DSITANCE OF 43.36 FEET TO THE POINT OF
BEGINNING, CONTAINING 434 SQUARE FEET, MORE OR LESS.
Starostka
Group
Unlimited,
Inc.
THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11
NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY,
NEBRASKA, BEING DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 12; THENCE
S00O24’28”E (ASSUMED BEARING) ON THE WEST LINE OF
SAID NORTHWEST QUARTER, A DISTANCE OF 273.64 FEET TO
THE SOUTHWEST CORNER OF NORTHWEST SUBDIVISION AS
PLATTED IN THE CITY OF GRAND ISLAND; THENCE
S89O52’00”E ON THE SOUTH LINE OF SAID NORTHWEST
SUBDIVISION, A DISTANCE OF 33.00 FEET TO THE EAST
RIGHT OF WAY LINE OF NORTH ROAD AND THE POINT OF
BEGINNING; THENCE CONTINUING S89O52’00”E ON SAID
SOUTH LINE, A DISTANCE OF 25.00 FEET; THENCE
S00O24’28”E, PARALLEL WITH AND 25.00 FEET DISTANT FROM
SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 998.60 FEET
TO THE NORTH LINE OF STERLING ESTATES SUBDIVISION AS
PLATTED IN SAID CITY OF GRAND ISLAND; THENCE
N89O57’40”W ON SAID NORTH LINE, A DISTANCE OF 25.00
FEET TO SAID EAST RIGHT OF WAY LINE; THENCE
N00O24’28”W ON SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 998.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 24,965 SQUARE FEET, MORE OR LESS.
$438.90
TOTAL= $877.80
Grand Island Council Session - 12/8/2020 Page 150 / 233
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 owners for North
Road- 13th Street to Highway 2 Roadway Improvements; Project No. 2019-P-5, in the
amount of $877.80.
Sample Motion
Motion to approve the temporary construction easements.
Grand Island Council Session - 12/8/2020 Page 151 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-324
WHEREAS, a temporary construction easement is required by the City of Grand
Island, from affected property owners in North Road- 13th Street to Highway 2 Roadway
Improvements; Project No. 2019-P-5 project area:
Property
Owner
Legal Description Amount
Peace
Lutheran
Church of
Grand
Island,
Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY
OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING
DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SBUDIVISION; THENCE N89O23’02”W (ASSUMED
BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
124.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N89O23’02”W ON SAID NORTH LINE, A DISTANCE OF 21.11 FEET TO
THE NORTHWEST CORNER OF SAID LOT 1; THENCE S49O33’07”E, A
DISTANCE OF 38.25 FEET; THENCE S89O23’02”E, PARALLEL WITH
AND 24.50 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF
44.33 FEET; THENCE S56O38’11”E, A DISTANCE OF 8.29 FEET;
THENCE N89O43’27”E, A DISTANCE OF 42.03 FEET; THENCE
N60O41’04”W, A DISTANCE OF 28.80 FEET; THENCE N89O23’02”W,
PARALEL WITH AND 14.50 FEET DISTANT FROM SAID NORTH LINE,
A DISTANCE OF 76.33 FEET; THENCE N00O36’58”E, PERPENDICULAR
TO SAID NORTH LINE, A DISTANCE OF 14.50 FEET TO THE POINT OF
BEGINNING, CONTAINING 1189 SQUARE FEET, MORE OR LESS.
AND
REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE S00O52’18”E (ASSUMED
BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 41.20
FEET; THENCE N60O41’04”W, A DISTANCE OF 17.35 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING N60O41’04”W, A
DISTANCE OF 5.78 FEET; THENCE S00O52’18”E, PARALLEL WITH
AND 20.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF
57.14 FEET; THENCE N89O07’42”E, PERPENDICULAR TO SAID EAST
LINE, A DISTANCE OF 5.00 FEET; THENCE N00O52’18”W, PARALLEL
WITH AND 15.00 FEET DISTANT FROM SAID EAST LINE, A
DISTANCE OF 54.23 FEET TO THE POINT OF BEGINNING,
CONTAINING 278 SQUARE FEET, MORE OR LESS.
AND
REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W (ASSUMED
BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF
325.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N00O52’18”W ON SAID EAST LINE, A DISTANCE OF 195.00 FEET TO
THE SOUTHEAST CORNER OF AN EXISTING 80 FOOT EASEMENT
ON SAID LOT 1; THENCE N89O22’02”W ON THE SOUTH LINE OF SAID
EXISTING 80 FOOT EASEMENT, A DISTANCE OF 5.00 FEET; THENCE
S00O52’18”E, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID
EAST LINE, A DISTANCE OF 195.13 FEET; THENCE N89O07’42”E,
PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 5.00 FEET
$438.90
Grand Island Council Session - 12/8/2020 Page 152 / 233
- 2 -
TO THE POINT OF BEGINNING, CONTAINING 975 SQUARE FEET,
MORE OR LESS.
AND
REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W (ASSUMED
BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF
180.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
N00O52'18”W ON SAID EAST LINE, A DISTANCE OF 10.00 FEET;
THENCE S89O07’42”W, PERPENDICULAR TO SAID EAST LINE, A
DISTANCE OF 5.00 FEET; THENCE S00O52’18”E, PARALLEL WITH
AND 5.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF
10.00 FEET; THENCE N89O07’42”E, PERPENDICULAR TO SAID EAST
LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING,
CONTAINING 50 SQUARE FEET, MORE OR LESS.
AND
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N00O52’18”W (ASSUMED
BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 10.00
FEET; THENCE N89O21’53”W, PARALLEL WITH AND 10.00 FEET
DISTANT FROM THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF
43.36 FEET; THENCE S00O52’18”E, PARALLEL WITH SAID EAST LINE,
A DISTANCE OF 10.00 FEET TO SAID SOUTH LINE; THENCE
S89O21’53”E ON SAID SOUTH LINE, A DSITANCE OF 43.36 FEET TO
THE POINT OF BEGINNING, CONTAINING 434 SQUARE FEET, MORE
OR LESS.
Starostka
Group
Unlimited,
Inc.
THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11 NORTH,
RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHWEST CORNER OF THE NORTHWEST
QUARTER OF SAID SECTION 12; THENCE S00O24’28”E (ASSUMED
BEARING) ON THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 273.64 FEET TO THE SOUTHWEST CORNER OF
NORTHWEST SUBDIVISION AS PLATTED IN THE CITY OF GRAND
ISLAND; THENCE S89O52’00”E ON THE SOUTH LINE OF SAID
NORTHWEST SUBDIVISION, A DISTANCE OF 33.00 FEET TO THE
EAST RIGHT OF WAY LINE OF NORTH ROAD AND THE POINT OF
BEGINNING; THENCE CONTINUING S89O52’00”E ON SAID SOUTH
LINE, A DISTANCE OF 25.00 FEET; THENCE S00O24’28”E, PARALLEL
WITH AND 25.00 FEET DISTANT FROM SAID EAST RIGHT OF WAY
LINE, A DISTANCE OF 998.60 FEET TO THE NORTH LINE OF
STERLING ESTATES SUBDIVISION AS PLATTED IN SAID CITY OF
GRAND ISLAND; THENCE N89O57’40”W ON SAID NORTH LINE, A
DISTANCE OF 25.00 FEET TO SAID EAST RIGHT OF WAY LINE;
THENCE N00O24’28”W ON SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 998.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 24,965 SQUARE FEET, MORE OR LESS.
$438.90
TOTAL= $877.80
WHEREAS, such Temporary Construction easements have been reviewed and
approved by the City Legal Department.
Grand Island Council Session - 12/8/2020 Page 153 / 233
- 3 -
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 compensate the affected property owners for the Temporary
Construction easements on the above described tracts of land, in the total amount of $877.80.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 154 / 233
LOT 1
SUSSE
X
PLACE
T
H
I
R
D
SUBD
I
V
I
S
I
O
N
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
41
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
VICINITY SKETCH
NW 1/4 NE 1/4
SE 1/4SW 1/4
NEBRASKA
11T11NHALL COUNTY
R10W
P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 10/2/2020 11:19 AM.
800.723.8567
www.jeo.com
Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
NE COR. SE1/4
SEC. 11-T11N-R10W
CANNON ROAD
NORTH ROADSEE DETAIL "A"
SHEET 2 OF 4
EXISTING 14' SIDEWALKAND TRAIL EASEMENTEXISTING 80' EASEMENTEXISTING 15' SIDEWALK
AND TRAIL EASEMENT
ZOLA LANE
SEE DETAIL "B"
SHEET 3 OF 4
SEE DETAIL "B"
SHEET 3 OF 4
SEE DETAIL "B"
SHEET 3 OF 4
LOT 1
LOT 2
PEACE
L
U
T
H
E
R
A
N
T
H
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D
SUBDI
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S
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SECTION LINE
TEMPORARY CONSTRUCTION EASEMENT AREA
Grand Island Council Session - 12/8/2020 Page 155 / 233
N00°36'58"E 14.50'
N89°23'02"W 76.33'
N6
0
°
4
1
'
0
4
"
W
2
8
.
8
0
'
N89°43'27"E 42.03'
S56°38'11"E 8.29'
S89°23'02"E 44.33'
S
4
9
°
3
3
'
0
7
"
E
3
8
.
2
5
'
N89°23'02"W
21.11'N00°52'18"W 54.23'N89°07'42"E 5.00'S00°52'18"E 57.14'N60°41'04"W 5.78'
N60°41'04"W 17.35'
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT #1)
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
42
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
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Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
NE COR. LOT 1
NE COR. SE1/4
SEC. 11-T11N-R10W
CANNON ROAD
NORTH ROADLOT 1
SECTION LINE
TEMPORARY CONSTRUCTION EASEMENT AREA
EXISTING 15' SIDEWALK AND
TRAIL EASEMENT
TEMPORARY CONSTRUCTION
EASEMENT #1 (1,189 SQ.FT.)
TEMPORARY CONSTRUCTION
EASEMENT #2 (278 SQ.FT.)
NW COR.
LOT 1
LOT 2
N89°23'02"W
(ASSUMED BEARING)
124.00'
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT #2)
DETAIL "A"
SCALE: 1"=30'
PEACE
L
U
T
H
E
R
A
N
T
H
I
R
D
SUBDI
V
I
S
I
O
N 24.50'S00°52'18"E41.20'Grand Island Council Session - 12/8/2020 Page 156 / 233
N00°52'18"W 195.00'N89°07'42"E 5.00'S00°52'18"E 195.13'N89°22'02"W 5.00'
N00°52'18"W 10.00'
N89°07'42"E 5.00'
S00°52'18"E 10.00'
S89°07'42"W 5.00'
10.00'S89°21'53"E 43.36'
S00°52'18"E 10.00'N89°21'53"W 43.36'
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
43
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 10/2/2020 11:19 AM.
800.723.8567
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Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015 NORTH ROADSECTION LINE
TEMPORARY CONSTRUCTION EASEMENT AREA
EXISTING 80'
EASEMENT
TEMPORARY
CONSTRUCTION
EASEMENT #3
(975 SQ.FT.)
SE COR. LOT 1
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT #5)
DETAIL "B"
SCALE: 1"=50'
LOT 1
PEAC
E
L
U
T
H
E
R
A
N
T
H
I
R
D
SUBDI
V
I
SI
O
N
ZOLA LANE
SOUTH LINE EXISTING
80' EASEMENT
TEMPORARY
CONSTRUCTION
EASEMENT #4
(50 SQ.FT.)
TEMPORARY
CONSTRUCTION
EASEMENT #5
(434 SQ.FT.)
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT #4)
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT #3)N00°52'18"W(ASSUMED BEARING)325.00'180.39'EAST LINE LOT 1
SOUTH LINE LOT 1
Grand Island Council Session - 12/8/2020 Page 157 / 233
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
44
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
AJG
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
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800.723.8567
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Grand Island, NE 308.381.7428
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION #1:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N89°23'02"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 124.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N89°23'02"W ON SAID NORTH LINE, A DISTANCE OF 21.11 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE
S49°33'07"E, A DISTANCE OF 38.25 FEET; THENCE S89°23'02"E, PARALLEL WITH AND 24.50 FEET DISTANT FROM SAID NORTH LINE, A
DISTANCE OF 44.33 FEET; THENCE S56°38'11"E, A DISTANCE OF 8.29 FEET; THENCE N89°43'27"E, A DISTANCE OF 42.03 FEET; THENCE
N60°41'04"W, A DISTANCE OF 28.80 FEET; THENCE N89°23'02"W, PARALLEL WITH AND 14.50 FEET DISTANT FROM SAID NORTH LINE, A
DISTANCE OF 76.33 FEET; THENCE N00°36'58"E, PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 14.50 FEET TO THE POINT OF
BEGINNING, CONTAINING 1189 SQUARE FEET, MORE OR LESS.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION #2:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
S00°52'18"E (ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 41.20 FEET; THENCE N60°41'04"W, A DISTANCE OF 17.35
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N60°41'04"W, A DISTANCE OF 5.78 FEET; THENCE S00°52'18"E, PARALLEL WITH
AND 20.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF 57.14 FEET; THENCE N89°07'42"E, PERPENDICULAR TO SAID EAST LINE, A
DISTANCE OF 5.00 FEET; THENCE N00°52'18"W,PARALLEL WITH AND 15.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF 54.23 FEET
TO THE POINT OF BEGINNING, CONTAINING 278 SQUARE FEET, MORE OR LESS.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION #3:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N00°52'18"W (ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 325.00 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N00°52'18"W ON SAID EAST LINE, A DISTANCE OF 195.00 FEET TO THE SOUTHEAST CORNER OF AN EXISTING 80 FOOT
EASEMENT ON SAID LOT 1; THENCE N89°22'02"W ON THE SOUTH LINE OF SAID EXISTING 80 FOOT EASEMENT, A DISTANCE OF 5.00 FEET;
THENCE S00°52'18"E, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF 195.13 FEET; THENCE N89°07'42"E,
PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 975 SQUARE FEET, MORE OR
LESS.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION #4:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: REFERRING TO THE SOUTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N00°52'18"W (ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 180.39 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUING N00°52'18"W ON SAID EAST LINE, A DISTANCE OF 10.00 FEET; THENCE S89°07'42"W, PERPENDICULAR TO SAID EAST LINE, A
DISTANCE OF 5.00 FEET; THENCE S00°52'18"E, PARALLEL WITH AND 5.00 FEET DISTANT FROM SAID EAST LINE, A DISTANCE OF 10.00 FEET;
THENCE N89°07'42"E, PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING, CONTAINING 50
SQUARE FEET, MORE OR LESS.
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION #5:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N00°52'18"W (ASSUMED BEARING) ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET; THENCE N89°21'53"W, PARALLEL WITH AND
10.00 FEET DISTANT FROM THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 43.36 FEET; THENCE S00°52'18"E, PARALLEL WITH SAID EAST
LINE, A DISTANCE OF 10.00 FEET TO SAID SOUTH LINE; THENCE S89°21'53"E ON SAID SOUTH LINE, A DISTANCE OF 43.36 FEET TO THE POINT
OF BEGINNING, CONTAINING 434 SQUARE FEET, MORE OR LESS.
Grand Island Council Session - 12/8/2020 Page 158 / 233
S89°52'00"E 33.00'
N89°57'40"W 25.00'N00°24'28"W 998.65'S89°52'00"E 25.00'S00°24'28"E 998.60'DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
48
11
10/26/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 150'
AJG
TEMPORARY CONSTRUCTION EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
VICINITY SKETCH
NW 1/4 NE 1/4
SE 1/4SW 1/4
NEBRASKA
12T11NHALL COUNTY
R10W
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800.723.8567
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Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 15075NORTH ROADTEMPORARY CONSTRUCTION EASEMENT AREA
SECTION LINE
TEMPORARY CONSTRUCTION EASEMENT (24,965 SQ.FT.)
KAY AVENUE
MASON AVENUE
2249 N NORTH ROAD
INST. NO. 201806837
POINT OF BEGINNING
(TEMPORARY CONSTRUCTION
EASEMENT)
NORTHWEST SUBDIVISION
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 11
NORTH, RANGE 10 WEST OF THE SIXTH P.M, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS
FOLLOWS: REFERRING TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID
SECTION 12; THENCE S00°24'28"E (ASSUMED BEARING) ON THE WEST LINE OF SAID
NORTHWEST QUARTER, A DISTANCE OF 273.64 FEET TO THE SOUTHWEST CORNER OF
NORTHWEST SUBDIVISION AS PLATTED IN THE CITY OF GRAND ISLAND; THENCE S89°52'00"E
ON THE SOUTH LINE OF SAID NORTHWEST SUBDIVISION, A DISTANCE OF 33.00 FEET TO THE
EAST RIGHT OF WAY LINE OF NORTH ROAD AND THE POINT OF BEGINNING; THENCE
CONTINUING S89°52'00"E ON SAID SOUTH LINE, A DISTANCE OF 25.00 FEET; THENCE
S00°24'28"E, PARALLEL WITH AND 25.00 FEET DISTANT FROM SAID EAST RIGHT OF WAY LINE, A
DISTANCE OF 998.60 FEET TO THE NORTH LINE OF STERLING ESTATES SUBDIVISION AS
PLATTED IN SAID CITY OF GRAND ISLAND; THENCE N89°57'40"W ON SAID NORTH LINE, A
DISTANCE OF 25.00 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE N00°24'28"W ON SAID
EAST RIGHT OF WAY LINE, A DISTANCE OF 998.65 FEET TO THE POINT OF BEGINNING,
CONTAINING 24,965 SQUARE FEET, MORE OR LESS.
LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7
STERLING ESTATES SUBDIVISION
LOT 1
BLOCK 1
BLOCK 2
LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6
NW COR. NW1/4
SEC. 12-T11N-R10W
SW COR. NW1/4
SEC. 12-T11N-R10WS00°24'28"E(ASSUMED BEARING)273.64'PRESTIGEAVENUESW CORNER NORTHWEST SUBDIVISION
NW CORNER STERLING
ESTATES SUBDIVISION
EAST RIGHT OF WAY LINE
OF NORTH ROAD
Grand Island Council Session - 12/8/2020 Page 159 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-10
#2020-325 - Approving Acquisition of Public Right-of-Way for
North Road- 13th Street to Highway 2 Roadway Improvements;
Project No. 2019-P-5 (Peace Lutheran Church of Grand Island,
Nebraska- 1710 N North Road)
This item relates to the aforementioned Public Hearing item E-5.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 160 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-325
WHEREAS, public right-of-way is required by the City of Grand Island, from
Peace Lutheran Church of Grand Island, Nebraska at 1710 N North Road, Grand Island, Hall
County, Nebraska and more particularly described as follows:
Property Owner Legal Description Amount
Peace Lutheran
Church of Grand
Island, Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN THE
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N89O23’02”W
(ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A
DISTANCE OF 45.00 FEET; THENCE S60O41’04”E, A DISTANCE
OF 52.04 FEET TO THE EAST LINE OF SAID LOT 1; THENCE
N00O52’18”W ON SAID EAST LINE, A DISTANCE OF 25.00 FEET
TO THE POINT OF BEGINNING, CONTAINING 562 SQUARE
FEET, MORE OR LESS.
$843.00
WHEREAS, an Agreement for the public right-of-way has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the public right-of-way on the above
described tract of land, in the amount of $843.00.
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 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 161 / 233
N89°23'02"W
(ASSUMED BEARING)
45.00'
S6
0
°
4
1
'
0
4
"
E
5
2
.
0
4
'N00°52'18"W 25.00'DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
11
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
NEW RIGHT OF WAY EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 10/2/2020 11:19 AM.
800.723.8567
www.jeo.com
Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
POINT OF BEGINNING
NE COR. LOT 1
(NEW RIGHT OF WAY)
NE COR. SE1/4
SEC. 11-T11N-R10W
CANNON ROAD
NORTH ROADLOT 1
NEW RIGHT OF WAY (562 SQ.FT.)
SECTION LINE
RIGHT OF WAY AREA
EXISTING 15' SIDEWALK AND
TRAIL EASEMENT
NW COR.
LOT 1
LOT 2
PEACE
L
U
T
H
E
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A
N
T
H
I
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D
SUBD
I
V
I
S
I
O
N
NEW RIGHT OF WAY DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD
SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA,
BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER
OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE N89°23'02"W
(ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
45.00 FEET; THENCE S60°41'04"E, A DISTANCE OF 52.04 FEET TO THE EAST
LINE OF SAID LOT 1; THENCE N00°52'18"W ON SAID EAST LINE, A DISTANCE OF
25.00 FEET TO THE POINT OF BEGINNING, CONTAINING 562 SQUARE FEET,
MORE OR LESS.
Grand Island Council Session - 12/8/2020 Page 162 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-11
#2020-326 - Approving Acquisition of Public Utility Easement for
North Road- 13th Street to Highway 2 Roadway Improvements;
Project No. 2019-P-5 (Peace Lutheran Church of Grand Island,
Nebraska- 1710 N North Road)
This item relates to the aforementioned Public Hearing item E-6.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 163 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-326
WHEREAS, a public utility easement is required by the City of Grand Island,
from an affected property owner in North Road- 13th Street to Highway 2 Roadway
Improvements; Project No. 2019-P-5 project area:
Property
Owner Legal Description Amount
Peace Lutheran
Church of
Grand Island,
Nebraska
LOT ONE (1), PEACE LUTHERAN THIRD SUBDIVISION, IN THE
CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING
DESCRIBED AS FOLLOWS:
REFERRING TO THE NORTHEAST CORNER OF LOT 1, PEACE
LUTHERAN THIRD SUBDIVISION; THENCE N89O23’02”W
(ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A
DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING;
THENCE S60O41’04”E, A DISTANCE OF 52.04 FEET TO THE EAST
LINE OF SAID LOT 1; THENCE S00O52’18”E ON SAID EAST LINE,
A DISTANCE OF 16.20 FEET; THENCE N60O41’04”W, A DISTANCE
OF 55.56 FEET; THENCE N89O23’02”W, PARALLEL WITH AND
14.50 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF
76.33 FEET; THENCE N00O36’58”E, PERPENDICULAR TO SAID
NORTH LINE, A DISTANCE OF 14.50 FEET TO SAID NORTH LINE;
THENCE S89O23’02”E ON SAID NORTH LINE, A DISTANCE OF
79.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1879
SQUARE FEET, MORE OR LESS.
$1,409.25
WHEREAS, an Agreement for the public utility easement has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the public utility easement on the above
described tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 164 / 233
N00°36'58"E14.50'S6
0
°
4
1
'
0
4
"
E
5
2
.
0
4
'
N6
0
°
4
1
'
0
4
"
W
5
5
.
5
6
'
S89°23'02"E 79.00'S00°52'18"E16.20'N89°23'02"W 76.33'
DATE
SCALE
DRAWN
JOB NO.
FIELD BOOK
FIELD WORK
SHEET
TRACT NO.
OF
22
11
10/2/2020
R190020
GRAND ISLAND #7
AG/BS
1" = 30'
AJG
PERMANENT DRAINAGE EASEMENT EXHIBIT
MONUMENT FOUND
CALCULATED POINT
DEEDED DISTANCE
GOVERNMENT DISTANCE
MEASURED DISTANCE
PLATTED DISTANCE
RECORDED DISTANCE
P
R
D
G
M
LEGEND
MONUMENT SET
NOTE: ALL BEARINGS ARE ASSUMED.
P:\Engineering\190020.00 - Grand Island North Road Improvements - North\6 Survey\Drawings\SV-190020-Phase II Ease.dwg, on 10/2/2020 11:19 AM.
800.723.8567
www.jeo.com
Grand Island, NE 308.381.7428
GRAPHIC SCALE
0 3015
NE COR. LOT 1
NE COR. SE1/4
SEC. 11-T11N-R10W
PERMANENT DRAINAGE
EASEMENT (1,879 SQ.FT.)
CANNON ROAD
NORTH ROADLOT 1
POINT OF BEGINNING
(PERMANENT DRAINAGE EASEMENT)
SECTION LINE
PERMANENT DRAINAGE EASEMENT AREA
EXISTING 15' SIDEWALK AND
TRAIL EASEMENT
NW COR.
LOT 1
LOT 2
N89°23'02"W
(ASSUMED BEARING)
124.00'
PEACE
L
U
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H
E
R
A
N
T
H
I
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D
SUBDI
V
I
S
I
O
N
PERMANENT DRAINAGE EASEMENT DESCRIPTION:
A PARCEL OF LAND LOCATED IN LOT 1, PEACE LUTHERAN THIRD SUBDIVISION, IN THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA, BEING DESCRIBED AS FOLLOWS: REFERRING TO
THE NORTHEAST CORNER OF LOT 1, PEACE LUTHERAN THIRD SUBDIVISION; THENCE
N89°23'02"W (ASSUMED BEARING) ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 45.00
FEET TO THE POINT OF BEGINNING; THENCE S60°41'04"E, A DISTANCE OF 52.04 FEET TO THE
EAST LINE OF SAID LOT 1; THENCE S00°52'18"E ON SAID EAST LINE, A DISTANCE OF 16.20 FEET;
THENCE N60°41'04"W, A DISTANCE OF 55.56 FEET; THENCE N89°23'02"W, PARALLEL WITH AND
14.50 FEET DISTANT FROM SAID NORTH LINE, A DISTANCE OF 76.33 FEET; THENCE N00°36'58"E,
PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 14.50 FEET TO SAID NORTH LINE;
THENCE S89°23'02"E ON SAID NORTH LINE, A DISTANCE OF 79.00 FEET TO THE POINT OF
BEGINNING, CONTAINING 1879 SQUARE FEET, MORE OR LESS.
Grand Island Council Session - 12/8/2020 Page 165 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-12
#2020-327 - Approving Certificate of Final Completion for Moores
Creek Drain Extension- North Road to Engleman Road; Project
No. 2020-D-1
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 166 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Approving Certificate of Final Completion for Moores
Creek Drain Extension- North Road to Engleman Road;
Project No. 2020-D-1
Presenter(s):John Collins PE, Public Works Director
Background
Mid Nebraska Land Developers, LLC of Aurora, Nebraska was awarded a $239,593.20
contract for construction of Moores Creek Drain Extension- North Road to Engleman
Road; Project No. 2020-D-1 on May 26, 2020 via Resolution No. 2020-123.
On September 22, 2020, via Resolution No. 2020-237, City Council approved Change
Order No. 1 to provide a time extension for project completion from September 4, 2020
to November 15, 2020 with no contract amount modification.
On November 24, 2020, via Resolution No. 2020-203, City Council approved Change
Order No. 2 to address further work which consisted of removal of a barb wire fence,
additional grading and concrete debris removal in the amount of $17,138.50, resulting in
a revised contract amount of $256,731.70.
This project built a portion of the Moores Creek Drainage Ditch extension and developed
drainage to the southwest to serve existing areas, as well as the proposed US Highway 30
realignment project. This portion of Moores Creek provides a drainage outlet to the
rapidly expanding Copper Creek Subdivision.
Work commenced on July 22, 2020 and was completed on October 30, 2020.
Discussion
The project was completed in accordance with the terms, conditions, and stipulations of
the contract, plans and specifications. Construction was completed with an overrun of
$12,108.06, for a total cost of $268,839.78. The overrun on this project was due to
additional concrete flumes to accommodate drainage from adjacent farm land &
increased erosion control. Additional project costs are shown below.
Grand Island Council Session - 12/8/2020 Page 167 / 233
ADDITIONAL COSTS
JEO Consulting Group, Inc.- Engineering Services 165,600.00$
City of Grand Island PW Engineering Services 36,633.03$
The Independent- Advertising 123.36$
Grand Island Abstract- Title Search 100.00$
Five Points Bank- The Guarantee Group, LLC 100,891.50$
Five Points Bank- Eric M & Kenda D Pollock Trust 64,827.53$
Additional Costs = $ 368,175.42
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
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Moores Creek Drain Extension- North Road to Engleman Road; Project
No. 2020-D-1.
Sample Motion
Move to approve the Certificate of Final Completion for Moores Creek Drain Extension-
North Road to Engleman Road; Project No. 2020-D-1.
Grand Island Council Session - 12/8/2020 Page 168 / 233
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
Moores Creek Drain Extension- North Road to Engleman Road; Project No. 2020-D-1
CITY OF GRAND ISLAND, NEBRASKA
December 8, 2020
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that Moores Creek Drain Extension- North Road to Engleman Road; Project No. 2020-
D-1 has been fully completed by Mid Nebraska Land Developers, LLC of Aurora, Nebraska under the
contract dated May 26, 2020. The work has been completed in accordance with the terms,
conditions, and stipulations of said contract and complies with the contract, the plans and
specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public
Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943.
Item No.Description Total
Quantity Unit Unit Price Total Cost
1 MOBILIZATION 1.00 LS 1,000.00$ 1,000.00$
2 ABANDON WELL 1.00 LS 4,656.00$ 4,656.00$
3 CLEARING & GRUBBING 1.00 LS 30,400.00$ 30,400.00$
4 EXCAVATION, EQ 40,781.00 CY 2.24$ 91,349.44$
5 BUILD CONCRETE FLUME 170.00 SY 76.50$ 13,005.00$
6 BUILD 15" REINFORCED CONCRETE FLARED END SECTION 2.00 EA 495.85$ 991.70$
7 BUILD 15" REINFORCED CONRETE PIPE 52.00 LF 60.47$ 3,144.44$
8 EROSION & SEDIMENT CONTROL 1.00 LS 5,500.00$ 5,500.00$
9 EROSION CONTROL BLANKET, CLASS 1D 34,535.00 SY 2.02$ 69,760.70$
10 SILT FENCE 21.00 LF 6.00$ 126.00$
11 SEEDING 16.00 AC 1,985.50$ 31,768.00$
251,701.28$
CO1-1 TIME EXTENSION 1.00 LS -$ -$
-$
CO2-1 REMOVE BARB WIRE FENCE 1064.00 LF 1.50$ 1,596.00$
CO2-2 REMOVE CM PIPE & ADDITIONAL GRADING 1.00 LS 1,450.00$ 1,450.00$
CO2-3 REMOVE MISCELLANEOUS CONCRETE DEBRIS 1.00 LS 14,092.50$ 14,092.50$
17,138.50$
268,839.78$
Base Bid Section
Total Base Bid =
Grand Total =
Change Order No. 1
Total Change Order No. 1 =
Change Order No. 2
Total Change Order No. 2 =
Additional Costs:
JEO Consulting Group, Inc.- Engineering Services 165,600.00$
City of Grand Island PW Engineering Services 36,633.03$
The Independent- Advertising 123.36$
Grand Island Abstract- Title Search 100.00$
Five Points Bank- The Guarantee Group, LLC 100,891.50$
Five Points Bank- Eric M & Kenda D Pollock Trust 64,827.53$
Additional Costs = $ 368,175.42
Grand Total =$ 637,015.20
Grand Island Council Session - 12/8/2020 Page 169 / 233
I hereby recommend that the Engineer’s Certificate of Final Completion for Moores Creek Drain
Extension- North Road to Engleman Road; Project No. 2020-D-1be approved.
_________________________________________ _____________________________________
John Collins – City Engineer/Public Works Director Roger G. Steele – Mayor
Grand Island Council Session - 12/8/2020 Page 170 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-327
WHEREAS, the City Engineering/Public Works Director for the City of Grand
Island issued a Certificate of Final Completion for Moores Creek Drain Extension- North Road
to Engleman Road; Project No. 2020-D-1 certifying that Mid Nebraska Land Developers, LLC
of Aurora, Nebraska, under contract, has completed such project for the total construction
amount of $268,839.78; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, additional project costs equate to $368,175.42, as shown
ADDITIONAL COSTS
JEO Consulting Group, Inc.- Engineering Services 165,600.00$
City of Grand Island PW Engineering Services 36,633.03$
The Independent- Advertising 123.36$
Grand Island Abstract- Title Search 100.00$
Five Points Bank- The Guarantee Group, LLC 100,891.50$
Five Points Bank- Eric M & Kenda D Pollock Trust 64,827.53$ Additional Costs = $368,175.42
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The Certificate of Final Completion for Moores Creek Drain Extension- North Road
to Engleman Road; Project No. 2020-D-1, in the amount of $637,015.20 is hereby
confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 171 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-13
#2020-328 - Approving Acquisition of Permanent Utility Easement
for Sanitary Sewer District No. 544; Ellington Pointe and
Westwood Park Subdivisions at 4022 Driftwood Drive (Thomson)
This item relates to the aforementioned Public Hearing item E-7.
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 172 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-328
WHEREAS, a public utility easement is required by the City of Grand Island for
Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions, to construct
and maintain such project; and
WHEREAS, acquisition of the public utility easement is as follows:
Property Owner Legal Description
Allan J. Thomson and
Maureen A. Thomson
THE WEST FOURTEEN (14) FEET OF LOT FOUR (4) IN WESTWOOD
PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA.
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 such public utility easement from the listed property owner, on
the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 173 / 233
LOT 3WESTWOOD PARK SUBDIVISIONLOT 4WESTWOOD PARK SUBDIVISIONLOT 5WESTWOOD PARK SUBDIVISION20' PROPOSED TEMPORARY EASEMENT14' PROPOSED PERMANENT EASEMENTN02040GRAND ISLAND, NEBRASKASANITARY SEWER DISTRICT 544ELLINGTON POINTE AND WESTWOOD PARK SUB. - LOT 48' EXISTING EASEMENT4' EXISTING EASEMENTDRIFTWOOD DRIVETEMPORARY CONSTRUCTION EASEMENT #3 DESCRIPTIONPERMANENT UTILTIY EASEMENT #3 DESCRIPTIONSUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA THE WEST TWENTY (20) FEET OF LOT FOUR (4) IN WESTWOOD PARK NEBRASKA PARK SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, THE WEST FOURTEEN (14) FEET OF LOT FOUR (4) IN WESTWOOD PERM. EASEMENT AREATEMP. EASEMENT AREAPERM. EASEMENT LINETEMP. EASEMENT LINEEXISTING EASEMENT LINERIGHT OF WAYLEGEND3PUBLIC WORKS DEPARTMENTRANDCITY OFGSLANDIEXHIBIT111908.02PROJECT NO:JUL. 2020DATE:CTPDRAWN BY:Grand IslandCouncil Session - 12/8/2020Page 174 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-14
#2020-329 - Approving Temporary Construction Easements for
Sanitary Sewer District No. 544; Ellington Pointe and Westwood
Park Subdivisions at 4007 Driftwood Drive (Pavelka)
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 175 / 233
Council Agenda Memo
From:Keith Kurz PE, Assistant Public Works Director
Meeting:December 8, 2020
Subject:Approving Temporary Construction Easements for
Sanitary Sewer District No. 544; Ellington Pointe and
Westwood Park Subdivisions at 4007 Driftwood Drive
(Pavelka)
Presenter(s):John Collins PE, Public Works Director
Background
Sanitary Sewer District No. 544 was continued by City Council through Resolution No.
2020-78 at their March 24, 2020 meeting.
A temporary construction easement is needed to accommodate the extension of sanitary
sewer to serve an area previously unserved that is located within the new subdivision of
Ellington Pointe and the existing subdivision of Westwood Park (see attached sketch),
which must be approved by City Council. The temporary construction easement will
allow for the installation of sanitary sewer to this area.
Discussion
A temporary construction easement is needed for Sanitary Sewer District No. 544;
Ellington Pointe and Westwood Park Subdivisions to be constructed.
Public Works staff negotiated with the affected property owner for use of the temporary
construction easement area, with the necessary document signed. The cost for this
easement is for the impacts to the property such as sprinkler systems, landscaping, trees,
moving fences, etc. The homeowner will be responsible for completing these items after
construction of the sanitary sewer system is finished.
Property Owner Legal Description Amount
Robert J. Pavelka
THE WEST TWENTY (20) FEET OF LOT FORTY-FIVE (45) IN
WESTWOOD PARK SUBDIVISION, CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA.
$4,648.00
TOTAL= $4,648.00
Grand Island Council Session - 12/8/2020 Page 176 / 233
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
Easement between the City of Grand Island and the affected property owner for Sanitary
Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions.
Sample Motion
Motion to approve the temporary construction easement.
Grand Island Council Session - 12/8/2020 Page 177 / 233
Grand Island Council Session - 12/8/2020 Page 178 / 233
Grand Island Council Session - 12/8/2020 Page 179 / 233
Grand Island Council Session - 12/8/2020 Page 180 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-329
WHEREAS, a temporary construction easement is required by the City of Grand
Island for Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivisions, to
construct such project; and
WHEREAS, acquisition of the temporary easement is as follows:
Property Owner Legal Description Amount
Robert J. Pavelka
THE WEST TWENTY (20) FEET OF LOT FORTY-FIVE (45) IN
WESTWOOD PARK SUBDIVISION, CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA.
$4,648.00
TOTAL= $4,648.00
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 such temporary easement from the listed property owner, on the
above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 181 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-15
#2020-330 - Approving Purchase of Owner Supplied Lab
Equipment for Wastewater Treatment Plant Laboratory
Renovations
Staff Contact: John Collins, P.E. - Public Works Director
Grand Island Council Session - 12/8/2020 Page 182 / 233
Council Agenda Memo
From:Jon Menough PE, Wastewater Treatment Plant Engineer
Meeting:December 8, 2020
Subject:Approving Purchase of Owner Supplied Lab Equipment
for Wastewater Treatment Plant Laboratory Renovations
Presenter(s):John Collins PE, Public Works Director
Background
On April 14, 2020, via Resolution No. 2020-95, City Council approved the bid award to
Sampson Construction Co., Inc. of Kearney, Nebraska in the amount of $3,454,000.00
for Wastewater Treatment Plant Laboratory, Operations Control Center, and
Administrative Building Renovation; Project No. 2017-WWTP-2. As part of this
renovation the City is to supply the necessary laboratory equipment.
Discussion
To meet competitive bidding requirements, the Wastewater Division obtained contract
pricing from the State of Nebraska Contract No. 14491 OC issued to Fisher Scientific of
Pittsburgh, Pennsylvania. Such equipment meets all of the requirements for the
Wastewater Treatment Plant Laboratory for a total price of $37,379.81. There are
sufficient funds for this purchase in Account No. 53030054-85213-53553.
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 Lab
Equipment for Wastewater Treatment Plant Laboratory Renovations from Fisher
Scientific of Pittsburgh, Pennsylvania in the total amount of $37,379.81.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 12/8/2020 Page 183 / 233
FISHER SCIENTIFIC COMPANY LLC
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HANOVER PARK IL 60133-5491
Valid To
*Quote Nbr Creation Date Due Date Page
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Submitted To:Customer Account:309077001
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0322-0008-59 11/17/2020 1 of 3
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STEVE RODHEIMRFQ
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WASTEWATER TREATMENT PLNT
3013 E SWIFT RD
GRAND ISLAND NE 68801-8686
Sales Quotation
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Blank Line
Blank Line
Nbr Qty UN Catalog Number Description Unit
Price
Extended
Price
1 1 EA 40 110 1000 STEAMSCRUBBER, UC, WIN 115V 1P 7,434.46 7,434.46
Labconco SteamScrubber Glassware Washers, Item Description:
Undercounter Washer with Window, Electrical Requirements: 115 V, 60
Hz, 16 A, 1 P, Certifications/Compliance: UL61010, CAN/CSA C22.2, CE,
Depth: 27.7 in., 70.4 cm, Display: Full-color Touch Screen
Vendor Catalog # 401101000
This item is being sold as 1 per each
Blank Line
2 1 EA FBG505SA FISHER UC SOLID DOOR, 5-15P 2,235.58 2,235.58
Fisherbrand Undercounter Refrigerators, Door Style: Solid, Capacity:
5.5 cu. ft., 156 L, Casters: No, Certifications/Compliance: CE, UL,
Defrost: Automatic, Exterior Finish: CRS Powder Coated, Plug Type:
NEMA 5-15 P, Temperature Range: 2 deg.C to 9 deg.C, Voltage: 100 -
240 V
Vendor Catalog # FBG505SA
Hazardous Material
This item is being sold as 1 per each
Blank Line
3 2 EA 51 028 875H 180L GP MECHANICAL OVEN 120V 2,683.49 5,366.98
Thermo Scientific Heratherm General Protocol Ovens, 180L, mechanical
convection, Capacity: 179 L, Mechanical Convection, Electrical
Requirements: 120 V 60 Hz, Dimensions: 29.1 x 25.2 x 36.2 in. (73.8 x
64 x 92 cm), Temperature: 50 deg.C to 250 deg.C, Amperage: 14 A
Vendor Catalog # 51028875
This item is being sold as 1 per each
Blank Line
Grand Island Council Session - 12/8/2020 Page 184 / 233
Sales Quotation
0322-0008-59 RFQ 2 of 3
Quote Nbr Customer Reference Page
4 2 EA 11 927 LAB WAGON CHEMICAL 665.76 1,331.52
Labconco Chemical Cart, Dimensions: 34.88 x 19 x 36.38 in. (88.6 x
48.3 x 92.4cm), Steel, For Use With: Safe transport of Glassware and
chemical containers, Height: 36.38 in., 92.4cm
Vendor Catalog # 8020000
This item is being sold as 1 per each
Blank Line
5 1 EA 10 549 201 BOX FURNACE 1200C 1SEG 240V 6,964.43 6,964.43
Thermo Scientific Lindberg/Blue M LGO Box Furnace, 2 cu. ft.,
Horizontal Side Swing Door, digital control, Capacity: 55.3 L,
Temperature: 100 deg.C to 1200 deg.C, Digital, Controller Type:
Digital, Depth Interior: 15 in., 38.1 cm, Dimensions Interior: 15 x
15 x 15 in. (38.1 x 38.1 x 38.1 cm)
Vendor Catalog # BF51841C-1
This item is being sold as 1 per each
Blank Line
6 1 EA TSG30RSSA TSG REF 30 SST SOLID 115V/60HZ 5,940.49 5,940.49
TSG Series General Purpose Laboratory Refrigerators, Door Style:
Solid Stainless Steel, Cabinet Material: Painted-gray, Interior:
Stainless Steel, Amperage: 3 A, Capacity: 27 cu. ft., 764 L,
Certifications/Compliance: Prop 65, cULus, ENERGYSTAR, Defrost:
Adaptive Defrost, Plug Type: NEMA 5-15 P
Vendor Catalog # TSG30RSSA
Hazardous Material
This item is being sold as 1 per each
Blank Line
7 1 EA 50 199 7796 DR3900 SPECTROPHOTOMETER WITH 5,233.01 5,233.01
The DR3900 is a benchtop visible spectrum (320 - 1100 nm), split beam
spectrophotometer with over 220 pre-programmed methods optimized for
laboratory water analysis. With your daily routine of water analysis
in mind, the DR3900 spectrophotometer is optimized for safe processes
and accurate results. Control-parameters like Ammonium, COD,
Phosphate, Nitrate and many others are easy to perform. The handling
of tests and spectrophotometer is well designed to avoid any errors
in your water analysis.The DR3900 is designed to deliver accurate
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optimized around: • Sample preparation: reduced handling steps,
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versatile data management
Vendor Catalog # LPV440.99.00012
Nbr Qty UN Catalog Number Description Unit
Price
Extended
Price
Grand Island Council Session - 12/8/2020 Page 185 / 233
Sales Quotation
0322-0008-59 RFQ 3 of 3
Quote Nbr Customer Reference Page
Hazardous Material
This item is being sold as 1 per each
Blank Line
8 1 EA 08 647 24 DESIC CABINET TALL W/DIAL HYGR 908.94 908.94
Bel-Art SP Scienceware Dry-Keeper Desiccator Cabinets, Translucent,
Cabinet Style: Vertical, Shelves: 3 adjustable perforated shelves,
Holds: 70 cans, Height Exterior: 20 in., 51cm, Methyl Methacrylate,
Depth: 15.5 in., 39.3cm, Door Style: Hinged and gasketed
Vendor Catalog # H42056-0001
This item is being sold as 1 per each
Blank Line
9 1 EA NON-CATALOG MED LAB DIGITAL INCUBATOR 1,890.40 1,890.40
Vendor Catalog # 138325-1
Blank Line
10 1 EA NON-CATALOG SHELF WIRE KIT 74.00 74.00
Vendor Catalog # C1904817KIT
Blank Line
MERCHANDISE TOTAL 37,379.81
Blank Line
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Returns are subject to manufacturer terms and conditions.
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Grand Island Council Session - 12/8/2020 Page 186 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-330
WHEREAS, the Wastewater Division of the Public Works Department of the City
of Grand Island budgeted for laboratory equipment for Wastewater Treatment Plant Laboratory
Renovations in the 2020/2021 fiscal year; and
WHEREAS, said equipment can be obtained from the 2020 Nebraska State
Contract Holder, Fisher Scientific of Pittsburgh, Pennsylvania through Contract No. 14491 OC;
and
WHEREAS, purchasing the laboratory equipment from the 2020 State Contract
Holder meets all statutory bidding requirements; and
WHEREAS, the funding for such laboratory equipment is provided in the
2020/2021 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of laboratory equipment
for Wastewater Treatment Plant Laboratory Renovations from Fisher Scientific of Pittsburgh,
Pennsylvania in the amount of $37,379.81 is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 187 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-16
#2020-331 - Approving Acquisition of Real Estate Property
Described as a Triangular Tract of Land Lying North of the
Intersection of South Webb Road and U.S. Highway 281
This item relates to the aforementioned Public Hearing item E-4.
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 12/8/2020 Page 188 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-331
WHEREAS, Grand Island Partnership for the Arts (GIPA) desires that the City of
Grand Island make a request to the Nebraska Department of Transportation for a transfer of the
following real estate to the City for highway beautification purposes, to wit:
A tract of land being part of the Southeast Quarter of the Northeast Quarter
(SE1/4NE1/4) of Section Twenty-five (25), 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 Northeast Corner of Section 25-11-10, thence on an assumed
bearing of S01°34ʹ22ʺE along the East line of the Northeast Quarter (NE1/4), a
distance of 1319.09 feet to a point being the East 1/16 corner of the Northeast
Quarter (NE1/4) of Section 25-11-10, said point being the point of beginning,
thence continuing S01°34ʹ22ʺE along said East line of the Northeast Quarter
(NE1/4) a distance of 549.0 feet to a point of curvature, said point also being the
easterly right-of-way line of U.S. Highway 281; thence around a curve in a
clockwise direction, along said easterly right-of-way line, with a delta angle of
05°14ʹ47ʺ, having a radius of 3019.79 feet, an arc length of 276.51 feet and a
chord bearing N19°51ʹ28ʺW with a chord distance of 276.42 feet; thence
N22°22ʹ06ʺW along said easterly right-of-way line, a distance of 305.10 feet;
thence N88°15ʹ55ʺE a distance of 195.40 feet to the point of beginning. Said tract
contains a calculated area of 51,201.23 square feet or 1.175 acres more or less of
which 0.373 acres are road right of way;
and
WHEREAS, GIPA is seeking donations, grants and pledges for the
commissioning, creation, installation, and continued maintenance of an art work entitled
“Denzel’s Dream” to be installed upon the above-described tract; and
WHEREAS, the City Council desires to acquire the above-described real estate at
no cost from the Nebraska Department of Transportation and used for highway beautification
purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island shall request
transfer of the above-described property by the Nebraska Department of Roads, for highway
beautification purposes.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 189 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-17
#2020-332 - Approving Interlocal Agreement with the Hall County
Airport Authority for Airport Security
Staff Contact: Jerry Janulewicz
Grand Island Council Session - 12/8/2020 Page 190 / 233
Council Agenda Memo
From: Jerry Janulewicz, City Administrator
Meeting:December 8, 2020
Subject:Interlocal Agreement with Hall
County Airport Authority
Presenter(s):Jerry Janulewicz, City Administrator
Background
The Hall County Airport Authority (“Airport”) is required by federal regulations and as
conditions to its federal funding to provide on-site uniformed, sworn and certified police
officer support to the Transportation Security Administration (“TSA”) passenger
screening checkpoints during checkpoint operating hours. Through Interlocal Agreements
between the Hall County Airport Authority and the City of Grand Island, police officers
have been provided by the City of Grand Island since 2002.
Discussion
The Hall County Airport Authority (“Airport”) is required by federal regulations and as
conditions to its federal funding to provide on-site uniformed, sworn and certified police
officer support to the Transportation Security Administration (“TSA”) passenger
screening checkpoints during checkpoint operating hours. Through an Interlocal
Agreement between the Hall County Airport Authority and the City of Grand Island,
police officers would be provided by the City of Grand Island. The Airport will
reimburse the City at the rate of $35.00 per hour for each officer assigned to and
performing duties pursuant to the proposed Interlocal Agreement.
Alternatives
The Council has the following alternatives concerning the issue at hand. The Council
may:
1.Move to approve
2.Postpone the issue to future date
3.Take no action on the issue
Grand Island Council Session - 12/8/2020 Page 191 / 233
Recommendation
City Administration recommends that the Council approve the Interlocal Agreement
between the City and the Hall County Airport Authority for law enforcement services.
Sample Motion
Move to approve.
Grand Island Council Session - 12/8/2020 Page 192 / 233
1
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN
THE HALL COUNTY AIRPORT AUTHORITY
AND
THE CITY OF GRAND ISLAND
THIS INTERLOCAL COOPERATION AGREEMENT is entered into this ______ day
of December, 2020, by and between HALL COUNTY AIRPORT AUTHORITY, a political
subdivision (“Authority”) and City OF GRAND ISLAND, NEBRASKA, a municipal
corporation (“City”).
1.STATEMENT OF PURPOSE. The purpose of this Agreement is to establish an
interlocal agreement by which City will provide to Authority uniformed, sworn and
certified police officers to carry out the operational terms and conditions of the LAW
ENFORCEMENT PERSONNEL REIMBURSEMENT PROGRAM (“Program”) as set
forth in the Law Enforcement Officer Program Statement of Joint Objectives applicable
to Transportation Security Administration (“TSA”) and Authority and in accordance with
49 C.F.R Part 1542.
2.CITY'S RESPONSIBILITIES AND DUTIES. City's responsibilities and duties shall
include:
a.City will assign police officers (“LEOs”) on-site at the Central Nebraska Regional
Airport (“Airport”) during TSA Screening checkpoint operating hours, and to
provide law enforcement support to the passenger-screening checkpoints in
keeping with requirements provided by TSA in accordance with the current
Security Directive SD1542-18-01B (series), regulations, and other authorities
regarding law enforcement services, subject to modification in how the
checkpoints are stationed as necessary based on changes in threat levels, surges,
seasonality and/or other circumstances as determined by the TSA Federal Security
Director (“FSD”) in consultation with Authority. At a minimum, LEOs will: (i)
support TSA’s screening operations, including dealing with attempts to bring
prohibited items through the checkpoint, disorderly persons and similar tasks, (ii)
follow an established law enforcement response standard which is mutually
acceptable to the FSD, Authority and City. In addition the FSD, Authority and
City will determine, where appropriate, the level of participation in TSA’s
Layered Security Programs, such as Playbook, Table Top Exercises, Breach Drills
and Joint Vulnerability Assessments. City will promptly provide incident reports,
police reports and other information when requested by TSA as part of a
regulatory investigation and will fully cooperate with regulatory investigations.
b.City shall have sole and exclusive discretion to assign, supervise and evaluate its
LEOs assigned pursuant to the preceding paragraph. The parties agree that the
LEOs provided by City in furtherance of the Program shall continue as employees
of City and are not employees of Authority or TSA.
c.All LEOs assigned to the Airport shall be trained, qualified, certified, sworn,
uniformed and competent to carry out the operational duties of the Program.
Grand Island Council Session - 12/8/2020 Page 193 / 233
2
d.Credentials of LEOs and verification will be provided upon request to Authority
and FSD. Authority shall provide TSA/FAA training materials to City at no cost.
Each LEO shall possess all of the qualifications of a LEO set forth in 49 C.F.R.
Sec. 1542.217 (as may be amended from time to time).
e.City shall provide to Authority such reports, records, information and documents
as are necessary for Authority to carry out its responsibilities and duties pursuant
to the Program and to obtain reimbursement as provided in the Agreement.
f.As mandated by the TSA in the Program, TSA shall have the right to examine or
audit relevant financial records for a period of three (3) years after expiration of
the terms of this Agreement as follows:
i.As used in this clause, the term “records” includes books, documents,
accounting procedures and practices, and other data, regardless of type and
regardless of whether such items are in written form, in the form of
computer data, or in any other form.
ii.City shall maintain and authorized Federal officials shall have the right to
examine and audit all records and other evidence sufficient to reflect
properly all hours claimed to have been incurred in performance of this
Agreement. This right of examination shall include inspection at all
reasonable times of City’s offices, or parts of them, engaged in performing
services pursuant to this Agreement. City, upon request shall provide notice
to TSA of the location and custodian of supporting documentation to
include Time Sheets, Payroll Report or Other Documentation that
substantiates the hours worked under this Agreement and will make them
available for review during normal working hours when requested by an
authorized Federal official.
iii.The Comptroller General of the United States, or an authorized
representative, shall have access to and the right to examine any of City's
directly pertinent records involving transactions related to this Agreement.
This Article may not be construed to require City to create or maintain any
record that it does not maintain in the ordinary course of business or
pursuant to a provision of law.
iv.City shall make available at its office at all reasonable times the records,
materials and other evidence described in preceding sections (i), (ii) and
(iii) of this article, for examination, audit, or reproduction, until three (3)
years after final payment under this Agreement, or for any longer period
required by statute or by other clauses of the RA. In addition:
g.If this Agreement is completely or partially terminated, the records relating to the
work terminated shall be made available for three (3) years after any resulting
final termination settlement; and
h.Records relating to appeals under the "Contract Disputes" clause or to litigation or
the settlement of contract disputes arising under or relating to the Program shall
be made available until such appeals, litigation, or contract disputes are finally
resolved.
Grand Island Council Session - 12/8/2020 Page 194 / 233
3
3.RECORDS AND RELEASE OF INFORMATION. In the course of service under this
Agreement, The LEOs may have access to certain information called "Sensitive Security
Information" or “SSI”, which is protected by Federal statute and regulation. City shall
take appropriate measures to protect proprietary, privileged or otherwise confidential
information that may come into the LEOs possession as a result of services provided
pursuant to this Agreement.
4.AUTHORITY RESPONSIBILITIES AND DUTIES. Authority responsibilities and
duties shall include:
a.Authority shall reimburse City for providing LEOs for the Airport as provided
herein at the rate of $ 35.00 per hour regardless of the actual cost to City for each
LEO at the time of service. Billing for reimbursement in excess of 1.0 hours shall
be rounded as follows: 15 minutes or less shall be rounded down to the nearest
hour; 16 minutes or more shall be rounded up to the nearest hour with a minimum
billing period of not less than 1.0 hours. The foregoing amount shall be payable
by Authority to City within 30 days of receipt of periodic statements to be sent by
City to Authority.
b.Authority shall advise City of any operational deficiencies Authority finds or
receives notice of in the performance of this Agreement by the LEOs.
c.Authority shall provide premises at the Airport for the LEOs assigned to the
Airport which are suitable for performance of the duties required by the Program
located as set forth on attached Exhibit “A”. City will provide furnishings,
telephone, and other amenities in its discretion.
d.Authority shall consult regularly with City concerning the Program to request any
modifications to this Agreement which are deemed reasonable, appropriate and
prudent and in conformity with the Program and associated documents.
5.DURATION. This Agreement shall be effective January 1, 2021 thru December 31,
2022, unless earlier terminated by Authority or City. If the Program is further extended
by the TSA, the hourly payment from Authority to City shall be renegotiated with City.
Notwithstanding the foregoing, this Agreement may be terminated earlier by either
Authority or City providing thirty (30) days written notice to the other.
6.ACQUISITION, OWNERSHIP AND DISPOSAL OF PERSONAL PROPERTY. All
personal property and fixtures acquired and used in furtherance of the Program shall be
owned by the entity which pays for said personal property or fixture. In the event the
Program is terminated or is not superseded by another Interlocal Cooperation Agreement,
the parties shall take possession of their respective personal property and fixtures or said
property may be left in place at the Airport, whichever is mutually agreeable to the
parties. The parties acknowledge and agree that all computer software and licenses shall
remain the property of City.
7.SEPARATE ENTITY. The parties agree that no separate entity is created by this
Agreement.
Grand Island Council Session - 12/8/2020 Page 195 / 233
4
8.CHOICE OF LAWS. This Agreement shall be construed in accordance with the laws of
the State of Nebraska, including, but not limited to, the Interlocal Cooperation Act, Neb.
Rev. Stat., §13-801 et seq., as amended.
9.ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement between
City and Authority relating to the Program and may be amended only in writing, duly
approved, adopted and executed by the respective parties.
10.NOTICES. All notice envisioned under the terms and conditions of this Agreement shall
be sent to the other party by first class, United States mail, postage prepaid and addressed
as follows:
City of Grand Island Hall County Airport Authority
Attn: Mayor Attn: Executive Director
PO Box 1968 3579 Sky Park Road
Grand Island, NE 68802 Grand Island, NE 68801
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal corporation,
Dated: ________________, 2020 BY_________________________________
Roger G. Steele, Mayor
Attest: ______________________________
RaNae Edwards, City Clerk
HALL COUNTY AIRPORT AUTHORITY,
A Political Subdivision
Dated: ________________, 2020 BY_________________________________
Michael J. Olson, Executive Director
Attest: ______________________________
Debra Potratz , Administrative Assistant
Grand Island Council Session - 12/8/2020 Page 196 / 233
R E S O L U T I O N 2020-332
WHEREAS, The Hall County Airport Authority (“Airport”) is required by federal
regulations and as conditions to its federal grant agreements to provide on-site uniformed, sworn
and certified police officers support to the Transportation Security Administration (“TSA”)
passenger screening checkpoints during checkpoint operating hours, and
WHEREAS, the Airport is requesting that the City of Grand Island continue to
provide such law enforcement officers at the Airport during such screening operating hours, and
WHEREAS, beginning January 1, 2021, the Hall County Airport Authority will
reimburse the City at the rate of $35.00 per hour per officer for providing law enforcement
services to the Airport under an Interlocal Agreement.
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 with the Hall County Airport Authority.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute the Interlocal Agreement between the Hall County Airport Authority and the City of
Grand Island, Nebraska for the period January 1, 2021 through December 31, 2022, unless
earlier terminated by Authority or City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 197 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item G-18
#2020-333 - Approving Purchase of a 2020 Braun Type I
Ambulance
Staff Contact: Cory Schmidt, Fire Chief
Grand Island Council Session - 12/8/2020 Page 198 / 233
Council Agenda Memo
From:Cory Schmidt, Fire Chief
Meeting:December 8, 2020
Subject:Purchase Braun Type I Ambulance
Presenter(s):Cory Schmidt, Fire Chief
Russ Blackburn, EMS Division Chief
Background
The Grand Island Fire Department (GIFD) maintains a fleet of seven ambulances. There
are two ambulances at Stations 1, 2, and 4 and one ambulance at Station 3. Station 1 and
2 ambulances are staffed every day to respond to medical calls. If staffing allows, a third
ambulance is placed in service at Station 4. If medical calls exceed the number of staffed
ambulances, the crew from an engine company will transfer to a back-up ambulance and
respond with advanced life support capability. This is possible because every engine
company has a paramedic on it. During 2019, the highest number of ambulances we had
out on calls simultaneously was five. Each month, the GIFD experiences multiple
ambulance calls where 3 to 4 ambulances are being utilized at the same time.
The GIFD’s vehicle replacement plan calls for the purchase of an ambulance every other
year. This means that an ambulance will be used for 8 years as a primary ambulance and
then rotated to back-up duty for an additional 6 years. Then when ambulances reach 14
years of service they are retired and replaced.
Discussion
City Council approved the purchase of an ambulance in the 2020/2021 budget for a
budgeted amount $315,000. The Fire Department would like to replace a 17 year old
2003 Ford type III ambulance. That ambulance has 93,875 miles on it in 4760 hours of
operation.
The GIFD requests that Council approves the purchase a 2020 Braun Chief XL Modular
Ambulance on a 2020 Ford F550, 4X4, diesel chassis for $304,500.00 from North
Central Emergency Vehicles of Lester Prairie, Minnesota. The ambulance will be
purchased through the cooperative buying group, BuyHGAC, which meets City
procurement requirements. The ambulance will be paid for upon delivery in
approximately 240 days. The ambulance will come prewired for our communications
Grand Island Council Session - 12/8/2020 Page 199 / 233
radio, an Opticom preemptive device, the Stryker Power-load/Power cot, and GIFD
graphics. These four things are usually additional expenses after the ambulance is
delivered.
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 2020
Braun Chief XL Modular Ambulance on a 2020 Ford F550, 4X4, diesel chassis for
$304,500.00 for use by the GIFD for emergency service use.
Sample Motion
Move to approve the purchase of the 2020 Braun Chief XL Modular Ambulance on a
2020 Ford F550, 4X4, diesel chassis for use by the GIFD for emergency service use from
North Central Emergency Vehicles of Lester Prairie, Minnesota in an amount of
$304,500.00.
Grand Island Council Session - 12/8/2020 Page 200 / 233
Quotation
DATE December 1, 2020
3800 W. Cavalry Court Quotation #2020-110
Lincoln, NE 68528 Customer ID GI Fire
402-617-5385
Bill To:Quotation valid until:December 30, 2020
Grand Island Fire & Rescue Prepared by:Dave Herbers
100 East First Street
Grand Island, NE 68801
rblackburn@grand-island.com
Comments or special instructions: 240 Days Leadtime
Description AMOUNT
2021 Braun Chief XL Modular Ambulance and 2021 Ford F550,
4X4, Diesel, Chassis.$264,000.00
Paint and Graphics to Match Exsisting Fleet, Included in Base
Dealer supplied Stryker Power Load & Power Cot System,
Factory Installed $40,500.00
Grand Island Fire to Provide UFH Radio for Factory Install
TOTAL $304,500.00
If you have any questions concerning this quotation, Dave Herbers, 402-617-5385,
nesales@northcentralambulance.com
THANK YOU FOR YOUR BUSINESS!
Grand Island Council Session - 12/8/2020 Page 201 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-333
WHEREAS, the City Council approved the purchase of a Braun Chief XL
Modular Ambulance in the 2020/2021 budget; and
WHEREAS, the Fire Department needs to replace a 2003 ambulance with 93,875
miles to make the fleet of ambulances and emergency response more reliable; and
WHEREAS, North Central Emergency Vehicles of Lester Prairie, Minnesota has
submitted a cost through BuyHGAC for a 2020 Braun Chief XL Modular Ambulance on a 2020
Ford F550, 4X4, diesel chassis for less than the budgeted amount for the replacement of an
ambulance.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to allow the Fire Department to purchase
the 2020 Braun Chief XL Modular Ambulance on a 2020 Ford F550, 4X4, diesel chassis from
North Central Emergency Vehicles of Lester Prairie, Minnesota for the price of $304,500.00.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 202 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item H-1
Consideration of Request from Riverside Golf Club Regarding
Hours for Sale of Alcohol
Tom Foutch with Riverside Golf Club submitted the attached Request for Future Agenda Item on
October 16, 2020. Below is a summary of his request.
The issue at hand is the city’s law that makes it illegal for establishments such as Riverside Golf Club to
sell alcohol before noon on Sundays. This law negatively impacts my members and guests and does so
in such a way that the leaderships in other cities in NE – Omaha, Lincoln and Kearney – found reason
to not enforce.
Additionally, the law negatively impacts the city itself by reducing the tax revenue it would otherwise
receive.
By repealing this law, Riverside GC, other businesses in GI and the City of GI itself all win.
Staff Contact: Tom Foutch, Riverside Gol Club Manager
Grand Island Council Session - 12/8/2020 Page 203 / 233
Grand Island Council Session - 12/8/2020 Page 204 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item H-2
Consideration of Approving Request from Island Landhandlers,
Inc. for for a Conditional Use Permit a Sand and Gravel Operation
located at 3812 South Blaine Street
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Craig Lewis
Grand Island Council Session - 12/8/2020 Page 205 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item I-1
#2020-334 - Consideration of Approving Appointment of Celine
Swan as Library Director
Staff Contact: Aaron Schmid, Human Resources Director
Grand Island Council Session - 12/8/2020 Page 206 / 233
Council Agenda Memo
From:Roger Steele, Mayor
Meeting:December 8, 2020
Subject:Appointment of Celine Swan as Library Director
Presenter(s):Roger Steele, Mayor
Background
Library Director, Steve Fosselman, retired September 11, 2020 after 29 years of service.
A search to locate a new Director has been conducted. During the search, Celine Swan
has served as the Interim Library Director. The recruitment process was conducted by the
City’s Human Resources Department. The selection process included representation from
the Library Board, City Staff, City Councilmembers and the City Administrator.
The Library Board met on November 30th to determine their recommendation for the next
Library Director. The board recommends Celine Swan to Council as their
recommendation for the next Library Director.
Discussion
I am pleased to present Celine Swan as my choice for appointment to the Library
Director position.
Mrs. Swan has been with the Grand Island Library for the past 20 years. She has held the
position of Librarian II and most recently holds the position of interim Library Direction.
Mrs. Swan has earned a Bachelor of Arts Degree in Business Information Systems from
Bellevue University and a Masters of Library and Information Science from the
University of Missouri-Columbia.
Mrs. Swan will have a starting salary of $96,939.51 annually and is anticipated to start on
December 9, 2020.
Celine will bring a wealth of knowledge and experience to the position. We are fortunate
to have this opportunity, and congratulate Celine on this accomplishment.
Grand Island Council Session - 12/8/2020 Page 207 / 233
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 Celine Swan.
Sample Motion
Move to approve the appointment of Celine Swan as the Library Director.
Grand Island Council Session - 12/8/2020 Page 208 / 233
Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-334
WHEREAS, under City Code Section 2–31, the position of the Library Director
for the City of Grand Island, Nebraska, is hired by the Mayor with the approval of the City
Council; and
WHEREAS, the Mayor has selected Celine Swan to be appointed as Library
Director; and
WHEREAS, Celine Swan has accepted the offer and is prepared to start work on
December 9, 2021 at Step 1 of the Library Director salary table of $96,939.51.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Celine Swan is hereby duly appointed
Interim Library Director for the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 12/8/2020 Page 209 / 233
City of Grand Island
Tuesday, December 8, 2020
Council Session
Item I-2
#2020-316 - Consideration of Approving Management of
Jackrabbit Run Golf Course
Staff Contact: Todd McCoy
Grand Island Council Session - 12/8/2020 Page 210 / 233
Council Agenda Memo
From:Todd McCoy, Parks and Recreation Director
Meeting:December 8, 2020
Subject:Consideration to Approve Golf Management Contract
Presenter(s):Jerry Janulewicz, City Administrator
Todd McCoy, Parks and Recreation Director
Background
Longtime PGA Golf Professional Don Kruse and his wife Char retired effective October
20, 2020. Don was contracted with the City to manage all golf programming and
activities associated with the operation of the Jackrabbit Run Golf Course clubhouse.
The City advertised for proposals from experienced PGA professionals and golf
management firms to replace Don. One resume from a golf pro and one proposal from a
company that manages golf courses named Landscapes Unlimited of Lincoln, Nebraska
was received. A committee that included City Administration and Jackrabbit Run golfers
met to review the proposals. After initial review the consensus from the group was that
both proposals appeared to be viable and qualified management options. After the
committee met, City staff set interviews with the golf pro and Landscapes Unlimited.
Unfortunately the golf professional cancelled the interview leaving the lone proposal
from Landscapes Unlimited.
Discussion
Landscapes Unlimited proposes a five year agreement to employ and be responsible for
all golf course staff and manage day-to-day operations which includes property
maintenance, food and beverage, marketing, payroll processing, and programing.
In the proposed agreement the City will pay Landscapes Unlimited $72,000 annually or
10% of the total revenue whichever is more. The City will be responsible for all expense
associated with the golf course and receive all revenues. Not only does Landscapes
Unlimited propose to take over the golf shop operation previously managed by Don
Kruse; but, they propose to be responsible for golf course maintenance which currently
includes 5.50 City FTE’s. Landscapes agrees to make a good faith effort to employ
existing employees which includes three longstanding City employees.
Grand Island Council Session - 12/8/2020 Page 211 / 233
Landscapes Unlimited currently manages over 50 golf properties nationwide and is
recognized as an industry leader. Landscapes Unlimited stated in their proposal that they
are confident that because of their experience, expertise, and resources they can increase
the number of annual golf rounds at Jackrabbit Run by 4,000 rounds annually over the
course of five years. If Landscape accomplishes their goals then they have calculated that
Jackrabbit Run will be profitable for the City by the end of the five year 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 Administration recommends approval of the proposed agreement with Landscapes
Unlimited of Lincoln, Nebraska to manage Jackrabbit Run Golf Course.
Sample Motion
Move to approve Landscapes Unlimited to manage Jackrabbit Run Golf Course.
Grand Island Council Session - 12/8/2020 Page 212 / 233
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR MANAGEMENT OF JACKRABBIT RUN GOLF COURSE
RFP DUE DATE:September 2, 2020 at 4:15 p.m.
DEPARTMENT:Parks and Recreation
PUBLICATION DATE:August 16, 2020
NO. POTENTIAL BIDDERS:1
PROPOSALS RECEIVED
Landscapes Golf Management
Lincoln, NE
cc:Todd McCoy, Parks and Recreation Director Patti Buettner, Admin. Asst. Parks
Jerry Janulewicz, City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent
P2223
Grand Island Council Session - 12/8/2020 Page 213 / 233
1
Management Agreement
This MANAGEMENT AGREEMENT (“Agreement”) is made and entered into as of December
14, 2020 (the “Effective Date”) by and between the City of Grand Island, a (hereinafter referred
to as “Owner”), and Landscapes Golf Management, LLC a Nebraska limited liability company
(hereinafter referred to as “Manager”).
Recitals
Owner desires to provide for the operation and management of the clubhouse, golf course, cart
facility, maintenance building and appurtenances, and any other golf course or golf related
facility owned by Owner and situated on the real property located at 2800 N Shady Bend Rd,
Grand Island, NE 68801, commonly known as Jackrabbit Run Golf Course (collectively referred
to as the “Course”).
Manager is in the business of operating and managing golf courses and has experience and
expertise related to golf course operation and management.
Owner desires to retain Manager to manage and operate the Course on behalf of Owner pursuant
to the terms and conditions of this Agreement.
Agreement
The parties agree as follows:
1. TERM OF AGREEMENT.
1.1. Term. The term of this Agreement will begin on the Effective Date and terminate
December 13, 2025 (the “Term’), unless sooner terminated according to the terms and
provisions hereof or extended by mutual written agreement of the parties.
1.2. Early Termination. The parties agree that Owner may terminate this Agreement without
penalty, beginning on October 1, 2023 if Manager fails to achieve Net Operating Income
showing a loss of no more than Fifty Thousand Dollars (-$50,000) for the Owner’s fiscal
year ending September 30, 2023. If Owner elects to exercise the termination option
provided by this section, Owner shall provide Manager with at least sixty (60) days’
written notice prior to the effective date of termination.
2. SERVICES TO BE PERFORMED BY MANAGER. During the Term of this Agreement,
Manager will supervise, manage, direct and operate the Course, which will include, but not
be limited to, collecting and disbursing all monies, negotiating and managing leases and
contracts, employing all employees, promoting and managing the Course, purchasing and
selling food, beverages, merchandise, supplies and services, purchasing and maintaining
Grand Island Council Session - 12/8/2020 Page 214 / 233
2
insurance coverage on behalf of the Course, handling disputes with third parties, collecting
and paying all appropriate taxes and performing all other day-to-day activities relative to the
Course. With respect to the operation of the Course, the parties hereto agree as follows:
2.1. Owner Authorization. Owner hereby grants and delegates to Manager the authority and
the responsibility necessary to permit Manager to perform its duties under this
Agreement and to do any and all acts deemed necessary or desirable for operation and
maintenance of the Course and agrees to take such additional steps as are necessary to
evidence such delegation and authorization as is reasonably requested by Manager.
Owner hereby grants to Manager the use and occupancy of the Course during the Term
of this Agreement or any renewal hereof for said purposes. Owner will not grant to any
third party any rights to use or occupancy of all or any part of the Course during the
Term of this Agreement without Manager’s prior written consent, nor will Owner
interfere with Manager’s ability to perform its duties under this Agreement consistent
with Manager’s good faith business judgment.
2.2. Major Decisions. Manager will submit proposals to Owner for major expenditures,
improvements or events that impact the Course (“Major Policy Decisions”), including,
but not limited to, capital improvements and expenditures and the Annual Budgets (as
defined in Subsection 2.c below). Manager will secure Owner’s prior approval of all
Major Policy Decisions. Manager will, to the best of its ability, operate the Course in
accordance with the Major Policy Decisions approved by Owner.
2.3. Annual Budgets.
2.3.1. Not later than June 1 of each calendar year during the Term of this Agreement or
any renewal hereof, Manager will submit a written business plan and a proposed
operating budget (the “Proposed Annual Budget”) to Owner for the upcoming
fiscal year, except for the first year of this Agreement Manager will submit the
Proposed Annual Budget to the Owner within ninety (90) days following the
Effective Date. The Proposed Annual Budget will specify the amount of working
capital required to continue operations of the Course for the upcoming fiscal year
in light of all Major Policy Decisions; all anticipated expenses required to
maintain a reasonable level of services, equipment, supplies and inventory; and all
projected expenses for long term capital improvements and equipment. Owner
acknowledges and agrees that all budgets are based solely on Manager’s judgment
and the facts and circumstances known by Manager at the time of preparation and
Manager does not warrant or guarantee the results of operations or performance
set forth in any budgets prepared for the Course.
2.3.2. Owner must approve or reject the Proposed Annual Budget within thirty (30) days
of its receipt by Owner. Owner’s failure to reject the Proposed Annual Budget
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within such time period will be deemed an acceptance by Owner of the Proposed
Annual Budget as submitted by Manager. The Proposed Annual Budget, once
approved (or deemed approved) by Owner, will be referred to as the “Annual
Budget.” In the event Owner and Manager cannot agree on a Proposed Annual
Budget, Manager will be entitled to continue operation of the Course in
accordance with the Annual Budget for the prior year, subject to increases in
Expenses required due to matters beyond the control of Manager, until such time
as a new Proposed Annual Budget is approved by Owner.
2.4. Promotion of Golf Activities. Manager will implement a marketing plan for the Course
and coordinate and direct all work done in the promotion, advertisement and public
relations with respect to the Course. Manager will coordinate the creation or
modification of graphics, logos and other visual materials for letterheads, envelopes,
temporary and permanent signs, brochures, websites, information profiles, progress
reports, press releases and bulletins. Manager may indicate on the premises and on such
promotional, advertising and public relations materials that the Course is being managed
by Manager.
2.5. Course Personnel.
2.5.1. Manager will, in its sole discretion and at the expense of the Owner, employ the
Course personnel. Such personnel will include a general manager responsible for
the day-to-day operation and management of the Course, maintenance personnel
to professionally maintain the Course, other on-site management personnel, staff,
and others deemed by Manager to be appropriate for the efficient operation of the
Course. Such personnel will be hired, employed, evaluated, promoted and
terminated by Manager, except that Manager may, in its sole discretion, elect to
have some routine or specialty functions performed by independent contractors
and engage such contractors for that purpose as an Expense of the Course. In no
event shall any employees employed by Manager at the Course be considered
employees of the Owner, nor shall any of Manager’s employees be eligible for
any benefits or pay from the Owner. At all times, Manager shall provide the
Owner with the names and current telephone numbers (business, cell phone, and
home number, if applicable) of the general manager and golf course
superintendent.
2.5.2. Manager shall make a good faith effort to interview and employ any employee
who is currently employed by Owner at the Course and who is displaced as a
result of this Agreement, but Manager shall not be obligated to offer employment
to any such employees. Manager shall employ qualified personnel with skills and
certifications appropriate to the position to which they are appointed. Manager
shall comply with all federal, state and local laws and regulations pertaining to
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equal employment opportunity, Americans with Disabilities Act, and prohibition
of unlawful discrimination in all hiring and employment decisions. Manager shall
also have in place policies that prohibit any form of unlawful harassment and
policies promoting a drug-free workplace, including reasonable drug testing
policies.
2.6. Food, Beverage and Merchandise.
2.6.1. Owner will permit the sale of beer, wine and liquor at the Course. Manager will
cause the general manager of the Course to apply for and obtain necessary city,
county and/or state liquor licenses, as applicable, and all other permits, licenses
and approvals required for operation of the Course; provided, however, that
Owner retains the right, for good cause shown, to decline to have the general
manager as the individual designated on the liquor license or to terminate such
designation. It is understood that Manager cannot guarantee factors outside of its
control that may prohibit the timely issuance of the liquor licenses or other
licenses, permits or approvals. Owner and Manager will cooperate with the
general manager in obtaining such licenses, permits and approvals, and if required
by applicable city, county or state law, Owner will hold such licenses, permits and
approvals in accordance therewith. Manager will pay all applicable Course
licenses and permit fees when due as an Expense of the Course. Any monetary
penalties imposed against the Course or the Owner for license violations will be
Manager’s responsibility and will be paid by Manager from its own funds to the
extent the license violation was the result of Manager’s negligence (i.e., failure to
train or failure to supervise Manager’s employees at the Course).
2.6.2. Manager will purchase and sell such other food, beverage and merchandise at the
Course for such prices as Manager deems prudent. This includes beverage cart
services on the Course and an adequate supply and variety of quality pro shop
inventory for resale in the pro shop. The hours of operation for the beverage cart,
food services and pro shop shall be determined by Manager, in its reasonable
discretion. Manager will remit all sales tax collected on Course sales as and when
due.
2.7. Maintenance Services.
2.7.1. Manager shall maintain the course, grounds and landscaping within the
boundaries of the Course. Manager shall also maintain the parking area in a good
and usable condition, including sanitation, pot hole repairs, and signage but
excluding Capital Improvements. All costs for maintenance shall be an Expense
of the Course.
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2.7.2. As an Expense of the Course, Manager shall be responsible for the maintenance
and repair, and for purchasing all supplies, parts, and equipment for all buildings,
structures, fixtures, and Owner-owned equipment, which may now or hereafter
exist on or in the Course, inclusive but not limited to the maintenance of the
landscaping, irrigation system, maintenance buildings, grounds, cart paths, and
course turf, excluding Capital Improvements.
2.7.3. Manager shall exercise general supervision over and shall be responsible for the
proper use, care, and maintenance of all Owner-owned equipment used for Course
operations, inclusive of but not limited to golf carts, mowers, utility vehicles, sand
rakes, aerators, tractors, power equipment, etc. Manager shall keep a log of repairs
to equipment, which shall be available for the Owner to review at any time. If
equipment becomes inoperable, inefficient, or unsafe, the Manager will
immediately provide Owner written notice. The decision to replace equipment is
solely at the Owner's discretion. Equipment and parts damaged by the gross
negligence of Manager or Manager's employees or agents shall be repaired or
replaced by Manager at Manager's sole expense.
2.7.4. Manager shall be responsible for the maintenance and repair of the water well and
sanitary sewer system. Any maintenance or repair cost in excess of $5,000 in a
fiscal year shall require the prior written approval of Owner’s City Administrator.
Costs of maintenance and repairs shall be an Expense of the Course.
2.8. General Operations.
2.8.1. Manager agrees to enforce all rules and regulations adopted by the Owner
covering the conduct of the public and services offered in the use of the Course as
it relates to the performance of services under this Agreement.
2.8.2. Owner, in consultation with Manager, shall determine and set the green fees,
including golf membership fees Manager shall charge and shall provide a
schedule of such fees in writing to Manager. Any changes to the fee schedule are
subject to prior written approval of the Owner. All tournament fees, fees for rental
of golf carts, driving range fees, golf clubs, and golf bags shall be set by Manager,
and shall be comparative and competitive with other quality public golf courses in
Grand Island, Nebraska. Manager shall honor all pre-existing, pre-paid golf
memberships. At no time shall fees be greater than the Owner approved rates as
established by resolution.
2.8.3. Manager shall coordinate with existing leagues and associations to host
tournaments at the Course, and shall seek out new leagues, and associations in an
effort to increase the number of tournaments scheduled at the Course. Manager
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shall support the leagues, tournaments, and associations while maintaining a fair
and equitable tee sheet. Manager shall consummate arrangements for tournaments
with golf associations and leagues, as well as concessionaires, licensees, or other
group event users of the Course.
2.8.4. Manager shall take all reasonable actions to protect the safety of all employees,
customers, and Owner's representatives. Manager shall comply with all safety and
environmental regulations of federal, state, and local governmental agencies, and
applicable federal occupational, health, and safety laws and regulations. Manager
shall correct any unsafe conditions to the Course as an Expense of the Course, or
notify the Owner of any potentially unsafe conditions, as well as any potentially
unsafe practices occurring thereon. Manager shall cooperate fully with the Owner
in the investigation of any accidental injury or death occurring at the Course and
shall submit within twenty-four (24) hours to the Owner an accident report.
2.8.5. Manager shall be responsible for securing necessary contracts or other appropriate
agreements to acquire electricity, water, sewer, solid waste, and other utility
services necessary for the normal operations of the Course. Furthermore, the
Manager shall be responsible to consummate arrangements with concessionaires,
licensees, etc. that may be associated with the Course. All leases, contracts,
purchases, and other agreements relating to the operation and maintenance of the
Course entered into during the Term shall be entered into by the Owner as the
contracting party and managed by Manager.
2.9. Additional Duties and Responsibilities of Manager.
2.9.1. Manager shall not make substantial alterations, additions, changes, or revisions to
the Course without prior written consent of the Owner.
2.9.2. Manager shall, as part of its services hereunder and without additional
compensation, make its staff available to Owner upon request for consultation
regarding the Course, including, but not limited to business operations, marketing
and promotions, additional equipment, repairs, Capital Improvements or projects,
which may include modifications to structures or the course.
2.9.3. Manager shall provide assistance and consulting services to the Owner in the
transition of management and operations of the Course if a new operating entity
(Manager) is selected or if the Owner assumes operations of the Course.
3. REVENUES; EXPENSES; RESERVES. During the Term of this Agreement or any renewal
hereof, Manager will cause all Revenues and Approved Reserves to be deposited and held in
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the Course Accounts (as hereafter defined) and will pay Expenses out of the Course
Accounts.
3.1. Revenues. “Revenues” means all revenues and receipts of any nature derived directly or
indirectly from the Course or from the use or operation thereof, including Operating
Revenues and Other Revenues. “Operating Revenues” is defined as revenue from green
fees; cart rentals; range fees; membership dues, fees and assessments (but excluding
capital improvement fees); membership passes; food, beverage and merchandise sales;
rebates; purchase discounts; rentals; and lesson fees (unless such fees are paid directly to
the professional providing such lessons in accordance with the agreement between
Manager and such professional). “Other Revenues” is defined as proceeds from the sale
of assets; capital improvement fees; interest income; Advances (defined below);
insurance proceeds; and any other revenue or receipts not included in Operating
Revenues.
3.2. Expenses. “Expenses” means all expenditures or disbursements made or expenses
incurred in connection with operation of or for the benefit of the Course, including
Operating Expenses and Other Expenses. “Operating Expenses” is defined as payroll
and all other employee-related expenses; taxes; governmental fees and charges; utilities;
food, beverage and merchandise cost of goods; maintenance expenses; repair costs
(excluding capital repairs); supplies; inventory; insurance premiums and deductibles;
marketing and advertising materials and expenses; licenses and permits; dues and
subscriptions; finance charges; operating leases; professional fees; vendor and
independent contractor invoices; Management Fees (defined below); and Manager’s
travel and other out-of-pocket expenses directly related to operation of the Course.
“Other Expenses” is defined as debt payments (principal and interest); capital leases;
financing or refinancing costs; capital expenditures (including Approved Capital
Expenditures); and any other expenditures or disbursements not included in Operating
Expenses. Expenses will not include salaries and other compensation of executive
officers and corporate staff of the Manager or Manager’s company overhead.
3.3. Approved Capital Expenditures. “Approved Capital Expenditures” means all
expenditures for equipment, furniture, fixtures, Course improvements, and other capital
items approved by Owner, which approval may be included in an Annual Budget or
other separate form of approval. In the event of an emergency, Manager is also
authorized to make an otherwise unapproved capital expenditure in order to prevent loss
or damage. Manager will notify Owner immediately of such expenditure.
3.4. Approved Reserves. “Approved Reserves” means the amount of cash approved by
Owner to be held by Manager in the Course Accounts for future operation of the Course,
but in no event will the amount be less than Fifty Thousand Dollars ($50,000).
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4. ADVANCES FROM OWNER. If, at any time prior to the effective date of termination or
expiration of this Agreement, the Revenues from the operation of the Course are not
sufficient to pay the Expenses as they become due, Owner must immediately advance to the
Course Accounts the amount of cash necessary to meet such obligations (such amount being
referred to as an “Advance”). Owner acknowledges that Manager will not be obligated to
advance any of its own funds to, or for the account of, the Owner or incur any liability, unless
the Owner has furnished Manager with funds necessary for the full discharge thereof.
5. ACCOUNTS. Manager will maintain one or more separate accounts in the name of Owner
(collectively referred to as “Course Accounts”) at one or more commercial banks. Owner and
Manager agree that the City Finance Director or other Owner designee, as well as individuals
designated by Manager and approved by Owner, will be signatories on the Course Accounts
and that Owner will not change the signatories of the Course Accounts or close the Course
Accounts without the prior written consent of Manager. All Revenues and Approved
Reserves will be deposited by Manager and held in the Course Accounts, and Manager will
pay Expenses from Course Accounts. Manager will account to Owner for Course Accounts
in accordance with this Agreement. Manager will not commingle Revenues and Approved
Reserves with other money or accounts, and will not take any money or property from the
Course Accounts or from the Course except to pay Expenses as set forth in this Agreement.
Manager will not purchase goods or services from an entity affiliated with Manager unless
such purchase is on terms reasonably competitive with terms available from non-affiliated
sources.
6. MANAGEMENT FEES. In exchange for services rendered by Manager under this
Agreement, Manager will be paid from Course Accounts: (a) all Expenses paid by Manager
from Manager’s accounts and not Course Accounts in connection with the operation of the
Course; and (b) a Base Management Fee. If, on any date, the Course Accounts contain
insufficient funds to pay Manager the foregoing amounts owing, the Owner must
immediately make an Advance to cover the shortfall. If Owner fails to make such Advance
prior to the date any such amounts are owing to Manager, the amount owed to Manager will
bear interest at the rate of one percent (1%) per month until paid in full.
6.1. Base Management Fee. The “Base Management Fee” will be Six Thousand Dollars
($6,000) per month (as adjusted annually, the “Minimum Base Fee”). Manager will be
paid the Minimum Base Fee on the first day of each month of the Term and any renewal
hereof. Beginning on January 1, 2022 and on January 1st of each year thereafter, the
Minimum Base Fee will increase by three percent (3%) per year. On the first
anniversary of the Effective Date and on each anniversary thereafter during the Term,
the parties will calculate a variable rate equivalent to 10% of the monthly Operating
Revenues (“Variable Base Fee”) for the preceding twelve (12) months. If the Variable
Base Fee for the preceding twelve (12) months is greater than the Minimum Base Fee
over the same time period, Manager will be paid the difference within thirty (30) days.
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If the Variable Base Fee for the preceding twelve (12) months is less than the Minimum
Base Fee, Manager will not be entitled to any additional Base Management Fees for the
preceding year.
7. ACCOUNTING. Manager will maintain books and records relating to the business activities
of the Course in accordance with generally accepted accounting principles and separate from
its other books and records. Manager will prepare an opening balance sheet listing assets and
liabilities used or incurred in the operation of the Course. Thereafter, Manager will have
monthly financial statements prepared which will include unaudited balance sheets and
income statements (each month’s records will be referred to separately as the “Monthly
Financial Statements”) prepared as if the operation of the Course is a business entity separate
from Manager and Owner. Manager will deliver a copy of the preceding month’s Monthly
Financial Statements within thirty (30) days after the end of that month, except where
circumstances beyond the reasonable control of Manager delay delivery of such statements.
In addition, Manager will deliver to Owner, not later than March 1st of each calendar year
during the Term of this Agreement or any renewal thereof, a copy of yearend financial
statements for the Course for the preceding calendar year. At any time during the Term of
this Agreement, upon two (2) business days advanced notice and during normal business
hours of operation, and for twelve (12) months after the Term of this Agreement, Owner will
be entitled to inspect the books and records of the Course, and Owner may conduct an audit
of the Course, all Monthly Financial Statements and all annual financial statements, provided
that any expense incurred by Owner in conducting an inspection or audit will be borne by
Owner. The accounting services to be provided by Manager under this Agreement do not
include preparation of state or federal income tax filings or audited financial statements, but
Manager will provide the balance sheets, income statements and depreciation schedules
necessary for a third party to prepare income tax filings. Further, Manager will prepare sales
and use tax returns and personal property tax returns for the Course.
8. DEFAULT.
8.1. Events of Default. Any one or more of the following events will, unless cured within the
specified cure period, constitute an event of default of this Agreement (“Default”):
8.1.1. Either party’s failure to timely pay any sums payable pursuant to this Agreement
when and as the same become due, including Owner’s failure to timely make
Advances as required by Section 4, which non-payment remains uncured for a
period of five (5) days after written notice thereof from the other party to the
defaulting party;
8.1.2. A discontinuance by either party of its business, filing of a bankruptcy petition, or
any other action relating to the insolvency of either party; or
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8.1.3. A material breach of any material term or provision of this Agreement by either
party, which remains uncured sixty (60) days after written notice thereof from the
other party to the defaulting party or such longer period of time as may be
reasonably required to cure such breach, provided that the defaulting party
promptly commences to remedy such breach within the sixty (60) day cure period
and thereafter continues diligently to complete such cure.
8.2. Owner’s Remedies. In the event of a Default by Manager, Owner may terminate this
Agreement upon expiration of the specified cure period by delivering to Manager written
notice of its election to terminate the Agreement, provided that Manager has not timely
cured the Default. In such event, Owner will pay Manager all amounts owed to Manager
prior to submitting written notification of termination.
8.3. Manager’s Remedies. In the event of Default by Owner, Manager may terminate this
Agreement upon expiration of the specified cure period by delivering to Owner written
notice of its election to terminate the Agreement. In such event, Owner will pay to
Manager due to Manager to the date of termination. In such event, Owner will pay to
Manager an amount equal to the total unpaid Management Fees that Manager would
have earned had the Agreement remained in effect until the end of the Term.
8.4. Remedies Not Exclusive. No remedy granted to Owner or Manager is intended to be
exclusive of any other remedy provided herein or by law, but each will be cumulative
and will be in addition to every other remedy given herein or existing at law or in equity,
subject to Section 23 below.
9. TERMINATION OR EXPIRATION OF AGREEMENT. Upon termination or expiration of
this Agreement, the parties will take the following actions no later than the effective date of
such termination or expiration:
9.1. Transfer of Course and Property. Manager will vacate and surrender the Course to
Owner and transfer to Owner possession of all property belonging to the Course or
Owner, including, but not limited to, cash in the Course Accounts; accounts receivable
and other receivables; inventories of merchandise, food, beverages and supplies;
equipment, furniture and fixtures; prepaid accounts and deposits; contract rights; trade
names; licenses and permits; and Course books and records (collectively, the
“Property”).
9.2. Liabilities to be Assumed. Owner will assume and agree in writing to indemnify
Manager against all obligations and liabilities relating to the Course, other than
contingent tort liabilities which result from the intentional wrongdoing or gross
negligence of Manager. Liabilities which Owner assumes, or against which Owner must
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indemnify Manager, will include all debts and other contractual obligations arising out
of the operation of the Course.
9.3. Payment. All sums owed by either party to the other pursuant to this Agreement will be
paid within thirty (30) days of the effective date of termination or expiration of this
Agreement.
9.4. Employees. Unless specifically agreed to in writing by Manager, for a period of one (1)
year after termination of this Agreement, Owner hereby agrees, warrants and represents
that Owner will not employ any general manager, golf professional, golf course
superintendent, or food and beverage manager who was employed by Manager as an
employee of the Course at any time during the Term of this Agreement, unless such
employee was a current employee of the Course immediately prior to the Effective Date.
9.5. Survivability. The provisions of this Section 9 will survive the termination or expiration
of this Agreement.
10. INDEMNITY.
10.1. Obligations of the Course. All obligations and costs to defend all disputed claims
arising out of or resulting from Manager’s activities conducted in connection with or
incidental to this Agreement will be paid as an Expense of the Course. Manager will
keep Owner advised of any such matters.
10.2. Indemnification by Manager. Manager will indemnify, hold harmless and defend
Owner, its members, managers, officers, directors, agents, authorized representatives and
employees, from and against all liability for any and all claims, liens, suits, fines, losses,
demands or actions for damages, injuries (including death) to persons, property damage
(including loss of use), and expenses, including court costs and reasonable attorneys’
fees and other reasonable costs, arising out of or resulting from the breach of any
representation or warranty by Manager, or from Manager’s intentional misconduct or
gross negligence in operating the Course.
10.3. Indemnification by Owner. Owner will indemnify, hold harmless and defend
Manager, its members, managers, officers, agents, authorized agents, and employees,
from and against all liabilities for any and all claims, liens, suits, fines, losses, demands
or actions for damages, injuries (including death) to persons, property damage (including
loss of use), and expenses, including court costs and attorneys’ and consultants’ fees and
other reasonable costs, arising out of, involving, or resulting from the operation of the
Course by Manager (excluding intentional malfeasance or gross negligence by
Manager), the breach of any representation or warranty by Owner, any act, omission or
neglect of Owner, its agents, contractors, employees or invitees, or a Default by Owner,
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or arising out of, involving, or resulting from all liabilities and obligations transferred,
assumed or to be assumed by Owner in accordance with Section 9 of this Agreement.
10.4. Limitation of Liability. Notwithstanding anything contained herein to the
contrary, the liability of Manager hereunder will be limited to the amount of
Management Fees paid hereunder, and in no event will any other assets of Manager or
any constituent member or other affiliate of Manager be subject to any claim arising out
of or in connection with this Agreement.
10.5. Notice of Claims. Manager and Owner will provide each other with prompt
written notice of any event covered by the indemnity provisions of this Agreement and
in the event a claim or action is filed, each party may employ attorneys of its own
choosing to appear and defend the claim or action on its behalf. Failure to provide such
notice, however, will not limit any party’s indemnity obligations hereunder.
11. INSURANCE. As an Expense of the Course, Manager will obtain insurance of the types and
in the amounts set forth below from an underwriter(s) licensed to do business in the state in
which the Course is located. Manager will furnish certificates of insurance to Owner
evidencing the required insurance on or before the Effective Date or the Insurance Coverage
Date (defined below), as applicable, and thereafter will furnish new certificates upon request.
11.1. Type and Amount of Insurance. The type and minimum amount of insurance to
be obtained by Manager in the name of and/or on behalf of the Course will be:
11.1.1. Worker’s Compensation in the minimum amount required by law and Employer’s
Liability with limits not less than $100,000/$500,000/$100,000, with a waiver of
subrogation in favor of Owner and the policy endorsed to name Owner as an
alternate employer.
11.1.2. Commercial General Liability to include coverage for the following: (a)
Premises/Operations; (b) Independent Contractors; (c) Personal Injury; (d) Liquor
Liability; and (e) Products/Completed Operations. Such coverage must be
maintained in an amount not less than $1,000,000 per occurrence and $2,000,000
aggregate. Manager will be named as an additional insured on a primary and non-
contributory basis, and the policy will have a waiver of subrogation in favor of
Manager.
11.1.3. Crime/Employee Dishonesty Insurance covering all employees and officers
having access to money collected in an amount sufficient to protect against loss of
the largest dollar amount in the control or possession of an employee at any given
time, but in no event less than $25,000 per occurrence.
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11.1.4. Property Insurance on special form, replacement cost and agreed amount basis on
all real and personal property and contractors and maintenance equipment. Such
coverage will also include equipment breakdown, including spoilage.
11.1.5. Comprehensive Automobile Liability to include coverage for the following: (a)
Owned/Leased Automobiles; (b) Non-owned Automobiles; and (c) Hired Cars.
Such coverage must be maintained in an amount not less than $1,000,000
combined single limit for bodily injury and property damage, with Manager
named as an additional insured.
11.1.6. Commercial Umbrella Liability with no less than $5,000,000 limit.
11.1.7. Additional Insurance Requirements. With respect to the above-described
insurance, the policies shall provide for thirty (30) days' written notice of any
material change, termination or cancellation to Owner. Further, the policies
procured in the name of and/or on behalf of the Course will provide primary and
non-contributory coverage for all losses and damages covered thereby.
11.2. Insurance Coverage Date. Manager’s obligation to procure the insurance
coverages required by Sections 11.1.2., 11.1.4, 11.1.5. and 11.1.6. shall not become
effective until the later of the following to occur: (i) 30 days following the Effective
Date, or (ii) within 21 days following Manager’s receipt from Owner of all information
reasonably requested by Manager related to the Course’s insurance coverage and loss
history prior to the Effective Date (the “Insurance Coverage Date”). Prior to the
Insurance Coverage Date, Owner will be responsible for providing the coverages
required by Sections 11.1.2., 11.1.4., 11.1.5, and 11.1.6. and Manager shall have no
obligation to ensure the adequacy of such coverage.
11.3. Covenant of Cooperation. Manager will provide Owner with prompt written
notice of any material damage, loss or injuries suffered at the Course, significant
complaints, whether written or otherwise, about the Course or its management, and
actual or anticipated disputes with or claims by third parties, including, but not limited
to, adjacent landowners. Manager further covenants to cooperate with Owner in
resolving any such complaints, disputes or claims and Owner covenants to cooperate
with Manager in resolving any such complaints, disputes or claims.
12. OWNER’S REPRESENTATIONS AND WARRANTIES. To induce Manager to enter into
this Agreement, Owner makes the following representations and warranties to Manager:
12.1. Each of the Recitals set forth in this Agreement is true and correct.
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12.2. Owner is the lessee the Course pursuant to a Lease Agreement with the Lessor
Hall County Airport Authority.
12.3. Owner has power and authority and all legal rights to enter into and perform this
Agreement. The individual executing this Agreement on behalf of Owner has the
authority to do so and to so legally bind the Owner. This Agreement, when duly
authorized, executed and delivered by the parties hereto, will create a valid and binding
obligation on the part of Owner, enforceable against Owner in accordance with its terms.
12.4. Except as previously disclosed in writing to Manager, there are no actions, suits or
proceedings pending or, to the knowledge of Owner, threatened against Owner or
affecting Owner, the Course or any of Owner’s assets, properties or rights, at law or in
equity, by or before any court, arbitrator, administrative or governmental body or other
person. Except as previously disclosed in writing to Manager, Owner is not in violation
or default with respect to any applicable law or regulation which affects the Course or
the condition (financial or otherwise) of the Owner and the Course fully complies with
all applicable federal, state and local laws, ordinances, regulations, orders and directives.
12.5. Except as provided herein, Owner has not granted to any person or entity not a
party to this Agreement any rights of use or occupancy of the Course, or any part or
portion thereof, including but not limited to any leasehold rights or interests.
12.6. The Course is adequate and in sufficiently good condition for Manager to operate
a golf course, pro shop, clubhouse and other services contemplated by the terms of this
Agreement. The Course has all water and utility hook-ups necessary to operate the golf
course, pro shop, clubhouse and other services contemplated by the terms of this
Agreement.
13. MANAGER’S REPRESENTATIONS AND WARRANTIES. To induce Owner to enter
into this Agreement, Manager makes the following representations and warranties to Owner:
13.1. Each of the Recitals set forth in this Agreement is true and correct.
13.2. Manager is a duly organized and validly existing limited liability company in
good standing under the laws of the State of Nebraska and is duly qualified to do
business in the state in which the Course is located.
13.3. Manager has the full power and authority and all legal rights to enter into and
perform this Agreement and any other agreement referred to herein and contemplated by
this Agreement. The individual executing this Agreement on behalf of Manager has the
authority to do so and to so legally bind the Manager. This Agreement, when duly
authorized, executed and delivered by the parties hereto, will create a valid and binding
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obligation on the part of Manager, enforceable against Manager in accordance with its
terms.
13.4. During the Term and any renewal thereof, Manager shall not own nor contract to
manage or operate a public or daily fee golf course located within 30 miles of the
Course.
14. ENVIRONMENTAL INDEMNITY. Owner agrees to indemnify, defend and hold harmless
Manager from any and all claims, damages, fines, judgments, penalties, costs, liabilities or
losses (including, without limitation, any and all sums paid for settlement of claims,
attorneys’ fees, consultant and expert fees) arising during or after the Term of this Agreement
or in connection with the presence or suspected presence of Hazardous Substance (as defined
below) in or on the Course, unless the Hazardous Substance is present solely as the result of
the gross negligence or willful misconduct of Manager or Manager’s employees. Without
limitation of the foregoing, this indemnification will include any and all costs incurred
between investigation of the site through the time of completion of any clean-up, removal or
restoration mandated by a federal, state or local agency or political subdivision, unless the
Hazardous Substance is present solely as a result of the gross negligence or willful
misconduct of Manager or Manager’s employees. This indemnification will specifically
include any and all costs due to Hazardous Substance which flows, diffuses, migrates or
percolates into, onto or under the Course after the Agreement Term commences. As used
herein, “Hazardous Substance” means any substance which is toxic, ignitable, reactive or
corrosive and/or which is regulated by any local government, the state in which the Course is
located or the United States Government. “Hazardous Substance” includes any and all
material or substances which are defined as “hazardous waste,” “extremely hazardous
waste,” or “hazardous substance,” pursuant to state, federal or local governmental law and
includes, but is not limited to, asbestos, radon, PCBs and petroleum and petroleum-
containing products. This provision will survive the termination of this Agreement.
15. RELATIONSHIP OF THE PARTIES. The relationship between Owner and Manager will be
and at all times remains that of owner and independent contractor, respectively. Neither
Owner nor Manager will be construed or held to be a partner, limited partner, associate or
agent of the other, or be joint venturers with one another. Neither Owner nor Manager will
be authorized by the other to contract any debt, liability or obligation for or on behalf of the
other except as specifically provided for herein.
16. NOTICES. Except as otherwise specifically provided herein, any and all notices required or
permitted under this Agreement must be in writing and will be deemed delivered (i) upon
personal delivery, (ii) upon mailing thereof when properly addressed and deposited in the
United State Mail, first class postage prepaid, registered or certified mail, return receipt
requested, (ii) when properly addressed upon deposit with Federal Express, Express Mail or
other trackable overnight courier service, or (iv) when sent by email if receipt of the email
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content can be confirmed, with time of receipt being the uniform time the email enters the
information processing system that the recipient has designated or uses for the purpose of
receiving email. Notices will be properly addressed if addressed to the parties as follows:
If to Owner: City of Grand Island
Attn: City Administrator
P.O. Box 1968
Grand Island, NE 68802
If to Manager: Landscapes Golf Management,
LLC
Attn: Tom Everett, Manager
1201 Aries Drive
Lincoln, NE 68512
The addresses for notices may be changed by written notice given to the other party as provided
above.
17. GENERAL TERMS.
17.1. Further Acts. Each party to this Agreement agrees to execute and deliver all
documents and instruments and to perform all further acts and to take any and all further
steps that may be reasonably necessary to carry out the provisions of this Agreement and
the transactions contemplated herein.
17.2. Section Headings. The various section, subsection, paragraph, subparagraph and
clause headings in this Agreement are for convenience and reference only and in no way
define, limit, extend or interpret the scope or interpretation of this Agreement or of any
particular section, subsection, paragraph, subparagraph and clause contained herein.
17.3. Interpretation. Unless the context requires otherwise, words used in the singular
number include the plural and vice-versa.
17.4. Amendments and Waivers. This Agreement can be modified only by written
instrument executed by the parties hereto. Any waiver of any provision of this
Agreement must be made in writing executed by the party who could demand fulfillment
of such waived provision.
17.5. Dispute Resolution.
17.5.1. Owner and Manager are fully committed to working with each other so as to
avoid or minimize disputes or disagreements. If disputes or disagreements do
arise, Owner and Manager will first attempt to resolve such disputes or
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disagreements through discussions between senior representatives of Owner and
Manager. Upon the request of either party, such representatives will meet as soon
as conveniently possible, but in no case later than thirty (30) days after such a
request is made, to attempt to resolve such dispute or disagreement. Prior to any
meetings between the senior representatives, the parties will exchange relevant
information that will assist the parties in resolving their dispute or disagreement.
17.5.2. If a meeting between the senior representatives does not result in a resolution
satisfactory to both parties, Owner and Manager agree that the parties will attempt
to resolve their dispute through use of a mediator. If the parties are unable to
successfully resolve their dispute through mediation or cannot agree upon a
mediator then either party may commence an action in the Nebraska state courts.
17.6. Waiver of Consequential Damages. Notwithstanding anything herein to the
contrary, neither Owner nor Manager will be liable to the other for any special,
consequential or exemplary damages or losses of any kind, whether arising in contract,
warranty, tort (including negligence), strict liability or otherwise, including, but not
limited to, losses of use, profits, business, reputation, or financing.
17.7. Assignment. Neither party can assign this Agreement or its rights, duties and
obligations hereunder without the prior written consent of the other party, which consent
must not be unreasonably withheld.
17.8. Successors and Assigns. This Agreement is binding upon and will inure to the
benefit of the parties hereto and their respective permitted successors and assigns.
17.9. Governing Law. This Agreement will be construed under and in accordance with
the laws of the State of Nebraska.
17.10. Counterparts; Electronic Signatures. This Agreement and all amendments and
supplements to it may be executed by the parties in separate counterparts and by
facsimile transmission or electronic transmission in PDF format, each of which when so
executed and delivered shall be an original, and all such counterparts and facsimile or
electronic copies shall together constitute one and the same instrument.
17.11. Severability. Should one or more of the provisions of this Agreement be
determined to be illegal or unenforceable, the other provisions nonetheless will remain in
full force and effect. The illegal or unenforceable provision or provisions will be
deemed amended to conform to applicable laws so as to be valid and enforceable if such
an amendment would not materially alter the intention of the parties.
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17.12. Entire Agreement. This Agreement (together with any attached exhibits)
constitutes the entire agreement between the parties concerning the subject matter of this
Agreement, and supersedes all prior agreements, arrangements, understandings,
restrictions, representations or warranties, whether oral or written, between the parties
relating to the subject matter of this Agreement.
17.13. Outside Businesses. Nothing contained in this Agreement will be construed to
restrict or prevent, in any manner, any party or any party’s affiliates, parent companies,
or representatives or principals from engaging in any other businesses or investments,
nor will Owner or Manager have any right to share or participate in any such other
businesses or investments.
17.14. Approvals. Any consent or approval referred to herein (by whatever words used)
of either party must not be unreasonably withheld, delayed or conditioned, and neither
party may seek or obtain any payment as a condition therefor. In the event that either
party refuses to give its consent or approval to any request by the other, such refusing
party must indicate by written notice to the other the reason for such refusal.
17.15. No Third-Party Beneficiaries. Nothing herein contained will be deemed to
establish any rights of third parties against the parties hereto, it being the intent that the
rights and obligations set forth herein are those of the parties hereto alone, with no third
party beneficiary rights intended.
17.16. Survival. All covenants, agreements, representations, and warranties made
herein will survive the execution and delivery of (i) this Agreement, and (ii) all other
documents and instruments to be executed and delivered in accordance herewith, and
will continue in full force and effect during the Term of this Agreement.
17.17. Force Majeure. The provisions of this Section 17.17. will be applicable if there
occurs during the Term any (i) strikes, lockouts, or labor disputes, (ii) inability to obtain
materials or reasonable substitutes therefore, (iii) acts of God, governmental restrictions,
regulations, or controls, enemy or hostile governmental action, civil commotion, fire, or
other casualty, or (iv) other conditions similar to those enumerated in this section beyond
the reasonable control of the party obligated to perform. If either party, as a result of any
of the above-described events, fails punctually to perform any obligation on its part to be
performed under this Agreement (an “Unavoidable Delay”), then, upon written notice to
the other, within thirty (30) days of such Unavoidable Delay, such failure will be
excused and not be a breach of this Agreement by the party claiming the Unavoidable
Delay, but only to the extent occasioned by such Unavoidable Delay. If any right or
option of either party to take any action under or with respect to the Term is conditioned
upon the same being exercised within any prescribed period of time or at or before a
named date, then such prescribed period of time or such named date will be deemed to
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Approved as to Form ¤ ___________
December 4, 2020 ¤ City Attorney
R E S O L U T I O N 2020-316
WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for
Management of Jackrabbit Run Golf Course; and
WHEREAS, on September 2, 2020 one (1) request for proposal was received; and
WHEREAS, Landscapes Golf Management from Lincoln, Nebraska, submitted a
proposal in accordance with the terms of the Request for Proposals; and
WHEREAS, the Contract has been reviewed and approved by the City Attorney’s
office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Landscapes Golf
Management from Lincoln, Nebraska for Management of Jackrabbit Run Golf Course, is hereby
accepted and approved as the lowest responsive proposal submitted, and that the contract by and
between the City and the Vendor be and hereby is approved, and the Mayor is authorized to sign
such contract on behalf of the City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 8, 2020.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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