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01-08-2002 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 08, 2002 Council Session Packet City Council:Mayor: Ken Gnadt City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East First Street T u Joyce Haase Margaret Hornady Gale Larson Glenn Murray Jackie Pielstick Larry Seifert Robert Sorensen Scott Walker Tom Ward Fred Whitesides Council.Now - WindStone Inc. Call to Order 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. /Invocation - Pastor Sheri Lodel, Calvary Lutheran Chruch, 1304 North Custer Avenue Council.Now - WindStone Inc. Item C1 It's About Kids! It's About Kids! assets will be presented by Audrey Rowley and Leah Koch. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item E1 Public Hearing on Acquisition of Utility Easement Located at 3358 West Old Hwy. 30 Acquisition of a utility easement relative to the property of Plaza Square Development L.L.C., located in front of Lacy Construction at 3358 West Old Hwy. 30 is required in order to install, upgrade, maintain and repair power appurtenances, including lines and transformers. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. EXHIBIT "A" Item E2 Public Hearing on Acquisition of Utility Easement Located on Stuhr Museum Property Acquisition of utility easement relative to the property of the Museum Board of Hall County, located along the east property line of the Stuhr Museum, from the south side of U.S. Hwy. 34 to the Wood River, is required in order to install, upgrade, maintain and repair power appurtenances, including lines and transformers. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. EXHIBIT "A" LEGEND Item E3 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Part Of The NE 1/4, SE 1/4, Section 14-11-10 Acquisition of a utility easement located in part of the NE 1/4, SE 1/4, Section 14-11-10 along the north edge of Potash Subdivision, is required in order to have access to install, upgrade, maintain, and repair sanitary sewer main and appurtenances. This easement will be used for installation of Sanitary Sewer District 493. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Item E4 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Part Of The SW 1/4, SE 1/4, Section 14-11-10 Acquisition of a utility easement located in part of the SW 1/4, SE 1/4, Section 14-11-10 along the west edge of Potash Subdivision, is required in order to have access to install, upgrade, maintain and repair sanitary sewer main and appurtenances. This easement will be used for installation of Sanitary Sewer District 493. It is appropriate to solicit public comment. The action item is contained under the consent agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Item E5 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Lot 51 Potash Subdivision Acquisition of a utility easement located in Lot 51, Potash Subdivision is required in order to have access to install, upgrade, maintain and repair sanitary sewer main and appurtenances. This easement will be used for installation of Sanitary Sewer District 493. It is appropriate to solicit public comment. The action item is contained under the consent agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Item E6 Public Hearing on Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Lot 17 Potash Subdivision Acquisition of a utility easement located in Lot 17, Potash Subdivision is required in order to have access to install, upgrade, maintain and repair sanitary sewer main and appurtenances. This easement will be used for installation of Sanitary Sewer District 493. It is appropriate to solicit public comment. The action item is contained under the consent agenda. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Item F1 #8709 Consideration of Vacating Utility Easement in Lot 4, Block 3, Dickey Second Subdivision Council action is required for vacation of all Public Utility Easements through passing of an Ordinance. The existing Public Utility Easement was established when the Dickey Second Subdivision was filed. The easement is not needed nor is it anticipated that it would be needed in the future. The current owner would like to make improvements to his property in that area and would like to have the easement vacated to put in a fence. The Public Works, Utilities and Building Departments have reviewed and approved the request. Filing and staff costs should be less than the $75.00 application fee charged for Vacation of an Easement. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form? ____________ January 3, 2002 ? City Attorney ORDINANCE NO. 8709 An ordinance to vacate an existing easement and right-of-way located in a part of Lot Four (4), Block Three (3), Dickey Second Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing four (4.0) foot wide easement and right-of-way located in a part of Lot Four (4), Block Three (3), Dickey Second Subdivision in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: The north Four (4.0) feet of the north One Hundred Ten (110.0) feet of Lot Four (4), Block Three (3), Dickey Second Subdivision, except the east Sixteen (16.0) feet thereof, as shown on the plat dated January 2, 2002, attached hereto and incorporated herein by reference; is hereby vacated. * This Space Reserved for Register of Deeds * ORDINANCE NO. 8709 (Cont.) - 2 -Approved as to Form ? ___________ January 3, 2002 ? City Attorney 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 abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 8, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8710 Consideration of Creating Sanitary Sewer District # 504, Dale Roush Subdivision and Dale Roush Second Subdivision (Indian Acres) Council action is needed to create a sanitary sewer district. If created, a notice will be mailed to all affected property owners and a 30-day protest period allowed. A petition was received on September 17, 2001 signed by seventeen residents of this area requesting the creation of the District. It has been 18 months since a district was tried and failed for this Subdivision. Council creation of the District is recommended. A ten (10) year assessment period was requested by the residents. The financial implications are minimal. The majority of the costs will be assessed to the benefiting properties. The alternative is to deny the creation of the District. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _____________ January 3, 2002 ? City Attorney ORDINANCE NO. 8710 An ordinance creating Sanitary Sewer District No. 504 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 504 is hereby created for the construction of eight (8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in a part of Dale Roush Subdivision, Dale Roush Second Subdivision and Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., all in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at the northwest corner of Lot Thirty Three (33), Block One (1) Dale Roush Second Subdivision; thence east on the north line of Dale Roush Second Subdivision to the northeast corner of Lot Twenty Five (25), Block One (1) Dale * This Space Reserved for Register of Deeds * ORDINANCE NO. 8710 (Cont.) - 2 -Approved as to Form ? ___________ January 3, 2002 ? City Attorney Roush Second Subdivision; thence north on a line Three Hundred Twenty Two and Three Hundredths (322.03) feet west of and parallel to the east line of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 14-11-10 for a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet; thence east on a line Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet north of and parallel to the north line of Dale Roush Second Subdivision for a distance of Three Hundred Twenty Two and Three Hundredths (322.03) feet to a point on the east line of the SE¼ NW¼ of Section 14-11-10; thence south on the east line of the SE¼ NW¼ of Section 14-11-10 a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet to the southeast corner of the SE¼ NW¼ of Section 14-11-10 said point also being the northeast corner of Dale Roush Second Subdivision; thence south on the east line of Dale Roush Second Subdivision to a point Seven Hundred Fifty (750.0) feet north of the south line of Section 14-11-10; thence east on a line Seven Hundred Fifty (750.0) feet north of and parallel to the south line of Section 14-11-10 for a distance of Four Hundred Seventy Four (474.0) feet; thence south on a line Four Hundred Seventy Four (474.0) feet east of and parallel to the east line of Dale Roush Second Subdivision for a distance of Seven Hundred Eighty Three (783.0) feet to a point Thirty Three (33.0) feet south of the south line of Section 14-11-10; thence west on a line Thirty Three (33.0) feet south of and parallel to the south line of Section 14-11-10 to a point on a line being a prolongation of the west line of Dale Roush Second Subdivision; thence north on the west line of Dale Roush Second Subdivision and a prolongation thereof to the point of beginning, all as shown on the plat dated June 30, 1999, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer district shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main has been constructed, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained as provided by law; and such special tax ORDINANCE NO. 8710 (Cont.) - 3 -Approved as to Form ? ___________ January 3, 2002 ? City Attorney and assessments shall constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the purpose of paying the cost of such sewer in such district; and such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of sanitary sewer shall be paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: January 8, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8711 Consideration of Vacating Utility Easement Located in Lot 10 and Lot 11, Commercial Industrial Park Subdivision Council action is required for vacation of all Public Utility Easements through the passing of an Ordinance. The existing Public Utility Easement was established when the Commercial Industrial Park Subdivision was originally filed. The developer is in the process of subdividing the area into a new subdivision named Starostka Subdivision. The existing Public Utility Easements do not match the lot lines in the proposed subdivision. New easements are being dedicated to replace the easements that will be vacated. The new plat will be before the Regional Planning Commission on January 9, 2002 and before Council on January 22, 2002. Filing and staff costs should be less than the $75.00 fee charged for the Vacation of an Easement. There are no alternatives being recommended because this vacation conforms to the new subdivision as submitted, will allow the new lots to be developed and should be approved so the property can be developed. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form? ____________ January 3, 2002 ? City Attorney ORDINANCE NO. 8711 An ordinance to vacate a portion of an existing sixteen (16.0) foot wide easement and right-of-way located in a part of Lots Ten (10) and Eleven (11), Commercial Industrial Park Subdivision of part of Block One (1) Nelsen Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That a portion of the existing sixteen (16.0) foot wide easement and right-of-way located in a part of Lots Ten (10) and Eleven (11), Commercial Industrial Park Subdivision of part of Block One (1) Nelsen Subdivision in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: The easterly eight (8.0) feet of part of Lot Ten (10), except the northerly two hundred sixty two and forty three hundredths (262.43) feet vacated by Ordinance No. 4844, and the westerly eight (8.0) feet of Lot Eleven (11), Commercial * This Space Reserved for Register of Deeds * ORDINANCE NO. 8711 (Cont.) - 2 -Approved as to Form ? ___________ January 3, 2002 ? City Attorney Industrial Park Subdivision of of part of Block One (1), Nelsen Subdivision in the City of Grand Island, Hall County, Nebraska, as shown on the plat dated December 2001, attached hereto and incorporated herein by reference; is hereby vacated. 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 abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the drawing, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 8, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8712 Amendment to City Code Restricting Firearms Discharging in Zoning Jurisdiction During the past several years, the City has received an increasing number of complaints concerning persons, generally goose hunters, discharging firearms close enough to structures to cause the property to be struck by falling pellets. While most of the complaints have come from hunting activities in the fields south of Stolley Park Road and west of US Highway 281, there have been complaints made concerning deer hunters shooting along the Wood River east of Shady Bend Road and shotgun discharges immediately south of Rainbow Lake. Neb. Rev. Stat., §37-523 prohibits hunting any wild bird within a 200 yard radius of an inhabited dwelling or livestock feed lot. The National Rifle Association (NRA) minimum standard for shotfall zones for shotgun competition is a distance of not less than 300 yards. Because the pellets used for waterfowl hunting is substantially larger than that which is used for shotgun competition, 300 yards should be regarded as an absolute minimum safety zone. Accordingly, in order to enhance public safety, we are proposing an amendment to the City Code prohibiting discharging firearms within 300 yards of any inhabited structure within the zoning jurisdiction. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers/SherryP Council.Now - WindStone Inc. Approved as to Form ? ___________ January 3, 2002 ? City Attorney ORDINANCE NO. 8712 An ordinance to amend Chapter 20 of the Grand Island City Code; to amend Section 20-8 pertaining to discharging fire arms; to repeal Section 20-8 as now existing, and 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. Section 20-8 of the Grand Island City Code is hereby amended to read as follows: §20-8. Discharging Firearms, Air Rifles, etc. (A) It shall be unlawful for any person, except a law enforcement officer in the course of his or her duties, to discharge or fire a gun, pistol, firearm, cannon, air gun, rifle, sling shot, or other item designed for the discharge of bullets, missiles, rocks, or other dangerous items by the operation thereof, anywhere within the City. (B) It shall be unlawful for any person, except a law enforcement officer in the course of his or her duties, to discharge or fire a firearm, cannon, air gun, sling shot, or other item designed for the discharge of bullets, missiles, rocks, or other dangerous items by the operation thereof anywhere within three hundred (300) yards of any occupied structure in the area two miles beyond and adjacent to the corporate boundaries of the City. (C)(B) The above prohibition shall not apply to a location designed and utilized for the safe usage of such items, whether established or constructed on a temporary or permanent basis. SECTION 2. Section 20-8 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 8, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 18, 2001 City Council Regular Meeting The Minutes of December 18, 2001 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 18, 2001 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 December 18, 2001. Notice of the meeting was given in the Grand Island Independent on December 12, 2001. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Counc ilmembers Pielstick, Ward, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle and City Attorney Charlie Cuypers. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Todd Bowen, Covenant Presbyterian Church, 418 West 12th Street. PRESENTATIONS AND PROCLAMATIONS: Recognition of Dan Neville 1st Place Winner and Arley Pickinpaugh 3rd Place Winner at the 2001 National SWANA Heavy Equipment ROAD-E-O Competition. The Mayor presented certificates of accomplishments to Dan Neville and Arley Pickinpaugh, Solid Waste Division employees who recently participated in the National Solid Waste Association North America Road-e-o landfill equipment competition. Dan Neville placed 1st in the Articulated Loader Division and Arley Pickinpaugh placed 3rd in the Compactor Division. Steve Riehle, Public Works Director, introduced Kevin McKennon, Solid Waste Division Superintendent. Presentation by Betty Curtis Regarding Hazardous Waste Collection Report. Betty Curtis representing the Clean Community Systems presented to the Mayor and City Council a report on the Haza rdous Waste Collections. Presentation by Betty Curtis to the Fire Department a Thermal Imaging Camera. Betty Curtis representing Clean Community Systems explained that this was a community effort in raising money for the thermal imaging camera. Dave White, President of Sertoma, presented the thermal imaging camera to the Fire Department. Presentation of the Electric and Water Annual Audits. Shelly Stromp, Senior Manager with KPMG, presented the Independent Auditors' Report of the Financial Statements relative to the City of Grand Island Electric Department and Water Department, for the year ended September 30, 2001. No major issues were noted in the audits and an unqualified report was given which is the highest rating. Page 2, City Council Regular Meeting, December 18, 2001 Presentation on the Comprehensive Human Service Needs Assessment. Tim Keelan representing Hanna:Keelan, Lincoln, Nebraska, present ed the findings from the Community Human Service Needs Assessment. The Assessment was a collaborative effort of the City of Grand Island Community Youth Council, Heartland United Way, the Commission on Innovation and Restructuring, Grand Island Community Foundation, St. Francis Medical Foundation, and the Nebraska Foundation for Children and Families. The assessment will help guide the efficient delivery of services in Grand Island for the next several years. Presentation on the Housing Study. Tim Keelan represent ing Hanna:Keelan presented the findings of the recently completed housing market study. The City of Grand Island, with grant funding from the Nebraska Department of Economic Development and the Community Redevelopment Authority, undertook a comprehensive look at housing needs in Grand Island. The information obtained assists in development of community housing goals, identifies needed housing types/price products, designates future housing locations, and lists possible present obstacles or barriers that may now exist that prevent the provision of needed housing. The study is available to developers, funding entities, city staff, and other interested persons. The last housing study completed by the City was in 1995; up to date information was required by the Department of Economic Development, Community Development Block Grant Program. PUBLIC HEARINGS: Public Hearing on Request for Annexation of Property Being Platted as B & C Subdivision, Located South of Stolley Park Road and West of Stuhr Road. Chad Nabity, Planning Director, reported that annexation of property being platted as B & C Subdivision an addition to the City of Grand Island was requested. The property is located South of Stolley Park Road, and West of Stuhr Road in part of the SE 1/4 of 22-11-09. No public testimony was heard. Public Hearing on Request of Heartland Insurance Pool, Inc. for a Conditional Use Permit for a Salvage Yard Located at 1203 East Airport Road. Craig Lewis, Building Department Director, reported that Heartland Insurance Pool Inc. requested a conditional use permit to operate a salvage yard at 1203 E. Airport Road. This is the location of an existing conditional use permit which allows for the storage of disabled vehicles, issued in 1997. The permit issued in 1997 had three requirements:1) perimeter fencing shall be a minimum of eight feet in height and visually screen the stored vehicles from public view; 2) vehicles stored shall be organized in rows, with no stacking; and 3) landscaping shall be provided and maintained along Airport and St. Paul roads. The property is currently zoned M-2 Heavy Manufacturing, that zoning classification requires operations such as this to obtain approval from the City Council in the form of a conditional use permit. Approval appeared reasonable, with the same restrictions applied and the fencing modified to include eight feet in height along the south side. Mike Merrill, President of Heartla nd Insurance Pool, Inc. was present. Oscar Bredthauer, 3230 North St. Paul Road, questioned the burning of vehicles and the physical appearance of the salvage yard. Mr. Merrill stated that they would not be burning vehicles and that an eight foot fence would surround the salvage yard. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1405 Highway 34 West (Beverly Enterprises-Nebraska, Inc.) Gary Mader, Utilities Director, reported that acquisition of a utility Page 3, City Council Regular Meeting, December 18, 2001 easement relative to property of Beverly Enterprises-Nebraska, Inc. (known locally as Lakeview Nursing Home), located at 1405 Highway. 34 West was required in order to have access to install, upgrade, maintain, and repair power appurtenances. Beverly Healthcare Lakeview had added additional rooms to the building creating the need for additional electrical power. This easement would be used to locate underground primary electrical cable and a pad mounted transformer to serve the entire facility. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located North of Stolley Park Road and East of Stuhr Road. (Robert K. and Judith K. Poland). Gary Mader, Utilities Director, reported that acquisition of a utility easement relative to the property of Robert K. and Judith K. Poland, located in Section 23-11-9, north of Stolley Park Road and approximately 1/4 mile east of Stuhr Road, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used for an overhead distribution line originally constructed over 20 years ago. A termination pole had to be moved. To make sure the pole remained in the easement, an investigation of the property documents was completed. This revealed that no easement existed. This easement document would correct that situation and allow for the relocation of the termination pole. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 1508 East Stolley Park Road. (Richard D. Na Jacqueline A. Rezac) Gary Mader, Utilities Director, reported that acquisition of a utility easement relative to the property of Richard D. and Jacqueline A. Rezac, located at 1508 East Stolley Park Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used for an overhead distribution line originally constructed over 20 years ago. A termination pole had to be moved. To make sure the pole remained in the easement, an investigation of the property documents was completed. This revealed that no easement existed. The easement document would correct that situation and allow for the relocation of the termination pole. ORDINANCES: Councilmember Sorensen made a motion to table Ordinance #8708 to a study session. Second by Whitiesides. Motion carried unanimously. #8708 – Consideration of Salary Increase for City Council and Mayor Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8707 – Consideration of Annexation of Property Being Platted as B & C Subdivision, Located South of Stolley Park Road and West of Stuhr Road 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 ordinance on its first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, December 18, 2001 Mayor: Is there any one in the audience interested in this ordinance? No public testimony was heard. City Clerk: Ordinance #8707 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. City Clerk: Ordinance #8707 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8708 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Motion by Pielstick, second by Ward, carried unanimously to approve the Consent Agenda. Approving Minutes of December 4, 2001 City Council Regular Meeting. Councilmember Ward abstained. Approving Minutes of December 11, 2001 City Council Special Meeting. Councilmember Pielstick abstained. Approving Minutes of December 11, 2001 City Council Study Session. Councilmember Pielstick abstained. Approving Councilmember Appointments to Boards and Commissions, Including Glen Murray to the Legislative Committee – League Board; Joyce Haase and Tom Ward to the Regional Planning Commission; Glen Murray and Fred Whitesides to the Joint City/County Facilities; Margaret Hornady and Jackie Pielstick to the Downtown Development Board; Larry Seifert to the Transportation Committee; Jackie Pielstick to the Community Development Board; Gale Larson to Systems (Information); Gale Larson to the Grand Island Economic Development Corporation Board; Bob Sorensen to the Board of Health; Glen Murray and Fred Whitsides to the Odor Committee; Jackie Pielstick to the Problem Resolution Team; Larry Seifert, Bob Sorensen and Fred Whitesides to the City/County Communications Board and Scott Walker to the Building Code Advisory Board. Approving Appointment of Tom Emerton, Cindy Duff and Sharon Walsh to Business Improvement District #2. Approving Request of Heartland Insurance Pool, Inc. for Conditional Use Permit for a Salvage Yard Located at 1203 East Airport Road. Approving Request of Kenneth Stiles, 3333 Ramada Road, for Liquor Manager Designation for Stratford Plaza, LLC dba Best Western Riverside Inn, 3333 Ramada Road. Approving Preliminary Plat for Starostka Subdivision. It was noted that Starostka Group Co., owners, had submitted a preliminary plat for Starostka Subdivision, located north of Old Page 5, City Council Regular Meeting, December 18, 2001 Highway 30 and west of Ind ustrial Lane for the purpose to re-subdivide all of Lot 11, and part of Lot 10 Commercial Industrial Park Subdivision. #2001-337 – Approving Acquisition of Utility Easement Located at 1405 Highway 34 West. (Beverly Enterprises-Nebraska, Inc.) #2001-338 – Approving Acquisition of Utility Easement Located North of Stolley Park Road and East of Stuhr Road. (Robert K. and Judith K. Poland) #2001-339 – Approving Acquisition of Utility Easement Located at 1508 East Stolley Park Road. (Richard D. and Jacqueline A. Rezac) #2001-340 – Approving Purchase of Mobile Video Cameras from Sur-Tec, Inc. Kansas City, Missouri, in the Amount of $17,128.00. #2001-341 – Awarding Bid for 2002 Truck with Chipping Box to Nebraska Truck Center, Inc., Grand Island, Nebraska, in the Amount of $49,515.00. #2001-342 – Approving Rental Agreement for Uniform Rental for Utilities and Public Works Employees to Paramount/Liberty Linen and Uniform Rental, Lincoln, Nebraska. #2001-343 – Approving Contract for Protective Relay Panels to Harlo Corporation, Gradville, Michigan, in the Amount of $98,600.00. #2001-344 – Awarding Bid for Precast Concrete to American Concrete Products Company, Omaha, Nebraska, in the Amount of $42,002.00. #2001-345 – Approving Contract for Design, Detailing, Furnishing, Fabrication and Delivery of Steel Structures for Combustion Turbine at Burdick Station to Valmont Industries, Tulsa, Oklahoma, in the Amount of $151,785.00. #2001-346 – Approving Final Plat and Subdivision Agreement for B & C Subdivision. It was noted that Robert & Cindy Loewenstein, owners, had submitted the final plat for B & C Subdivision, located in the SE 1/4 of 22-11-9 for the propose to create 2 lots on a currently unplatted parcel of land. #2001-347 – Approving Final Plat and Subdivision Agreement for Crane Valley 4th Subdivision. It was noted that Concord Development, owners, had submitted the final plat for Crane Valley 4th Subdivision, located North of Diers Avenue, and East of Concord Avenue, in the City of Grand Island for the propose of re-subdivid ing all of lot 1 & 2 Crane Valley 3rd Subdivision into 4 lots. #2001-348 – Approving Final Plat and Subdivision Agreement for Paustian 2nd Subdivision. It was noted that Terry Walter, owner, had submitted the final plat for Paustian 2nd Subdivision, located North of Seedling Mile Road, between Gunbarrel & Shady Bend Road for the puropose of re-subdividing all of lot 2 Paustian Subdivision into 2 lots. Page 6, City Council Regular Meeting, December 18, 2001 #2001-349 – Approving a 20 Minute Express Zone Parking Space at 414 West 3rd Street. #2001-350 – Approving Time Extension to the Contract with The Diamond Engineering Company, Grand Island, Nebraska, for Sanitary Sewer Districts #492 and #493 to July 15, 2002 Completion Date. #2001-351 – Approving Certificate of Final Completion with Galvan Construction, Grand Island, Nebraska, for Sidewalk District No. 1, 2001 and Setting the Board of Equalization Date for January 22, 2002. #2001-352 – Approving Change Order #1 to the Contract with Hooker Brothers Construction Company, Grand Island, Nebraska for Ash Pond Phase I Closure for an Increase of $2,830.00 and a Revised Contract Amount of $57,275.00. #2001-353 – Approving First Addendum to the Interlocal Cooperation Agreement for the City/County Geographic Information System (GIS). #2001-354 – Approving Amendment to the Architectural Agreement for the Library with The Clark Enersen Partners, Lincoln, Nebraska. #2001-314 – Approving Employee Handbook. #2001-355 – Approving FY 2000-3001 Year End Encumbrances to Amend FY 2001-2002 Annual Budget. RESOLUTIONS: #2001-356 – Consideration of Designating December 24, 2001 as a Holiday. Marlan Ferguson, City Administrator reported that the Federal, State and County offices will be closed Monday, December 24, 2001 as part of the Christmas holiday and recommended that the City declare Monday, December 24, 2001 a paid holiday for City employees and all City offices be closed. Councilmember Hornday read a statement concerning the costs and better planning in the future. Motion by Seifert, second by Hornady, carried unanimously to approve. PAYMENT OF CLAIMS: Motion by Whitesides, second by Seifert, carried unanimously to approve the Claims for the period of December 5, 2001 through December 18, 2001, claims #114182, #113394, #113416, #112569, 114370, #114407 and #114308 through #114935 for a total amount of $2,016,476.42. EXECUTIVE SESSION: Motion by Ward, second by Seifert, carried unanimously to adjourn to executive session at 8:45 p.m. for the purpose of discussing two pending litigation issues. Page 7, City Council Regular Meeting, December 18, 2001 RETURN TO REGULAR SESSION: Motion by Hornady, second by Sorensen, carried unanimously to reconvene in regular session at 9:35 p.m. ADJOURNMENT: The meeting was adjourned at 9:35 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G2 #2002-1 Approving Acquisition of Utility Easement - Plaza Square Development This item relates to the aforementioned Public Hearing. Acquisition of a utility easement located in front of Lacy Construction at 3358 West Old Hwy 30, is required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement will be used to locate a pad-mounted transformer for Lacy Construction's newly expanded building. Approval is recommended. See attached RESOLUTION. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-1 WHEREAS, a public utility easement is required by the City of Grand Island, from Plaza Square Development, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair power appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the South Half of the Northeast Quarter (S1/2, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., located in the city of Grand Island, Hall County, Nebraska, the twenty (20.0) foot square utility easement and right-of-way being more particularly described as follows: Beginning at a point on the northerly right-of-way line of the Union Pacific Railroad, being Seven Hundred One (701.0) feet southwesterly from the intersection of the easterly line of the South Half of the Northeast Quarter (S1/2, NE1/4) of Section Twenty Four (24), Township Eleven (11) North, Range Ten (10) West and the northerly right-of-way line of the said Union Pacific Railroad; thence southwesterly along the northerly right-of-way line of said Union Pacific Railroad, a distance of Twenty (20.0) feet; thence northwesterly perpendicular to the previously described line, a distance of Twenty (20.0) feet; thence northeasterly perpendicular to the previously described line, a distance of Twenty (20.0) feet; thence southeasterly perpendicular to the previously described line, a distance of Twenty (20.0) feet to the Point of Beginning. The above-described easement and right-of-way containing a total of 400 square feet, more or less as shown on the plat dated December 5, 2001, 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 Plaza Square Development, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk EXHIBIT "A" Item G3 #2002-2 Approving Acquisition of Utility Easement - Stuhr Museum This item relates to the aforementioned Public Hearing. Acquisition of a utility easement located along the east property line of Stuhr Museum, from the south side of U.S. Hwy. 34 to the Wood River, is required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement will be used to locate primary underground cable and a pad mounted transformer to serve the expanded engine house. It will also be used for future underground if the Stuhr Museum Board chooses to add primary metering and underground to existing east side buildings. Approval is recommended. See attached RESOLUTION. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-2 WHEREAS, a public utility easement is required by the City of Grand Island, from The Museum Board of Hall County, Nebraska, to install, upgrade, maintain, and repair power appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1) and Lot Two (2), Stuhr Museum Subdivision, located in the city of Grand Island, Hall County, Nebraska, the utility easement and right-of-way being more particularly described as follows: The easterly Twenty (20.0) feet of Lot One (1) Stuhr Museum Subdivision, except the northerly Four Hundred Thirty Nine (439.0) feet of said Lot One (1) Stuhr Museum Subdivision; and the easterly Ten (10.0) feet of the northerly Four Hundred Thirty Nine (439.0) feet of said Lot One (1) Stuhr Museum Subdivision; and the easterly Twenty (20.0) feet of Lot Two (2) Stuhr Museum Subdivision. The above-described easement and right-of-way containing a total of 0.88 acres, more or less as shown on the plat dated December 5, 2001, 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 The Museum Board of Hall County, Nebraska, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk EXHIBIT "A" LEGEND Item G4 #2002-3 Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Part Of The NE 1/4, SE 1/4, Section 14-11-10 This item relates to the aforementioned Public Hearing. Council action is needed for acquisition of all Public Utility Easements. The property owners, Rudolf F. Plate, Jeannice R. Plate and Tim C. Plate, have agreed to the terms of the easement. The cost of the easement is expected to be a small portion of the project costs. There are no alternatives as the easement is necessary for completion of the project. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-3 WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Rudolf F. Plate and Jeannice R. Plate, husband and wife, and Tim C. Plate, a single person, to install, upgrade, maintain, and repair Sanitary Sewer District No. 493; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Northeast Quarter of the Southeast Quarter (NE1/4, SE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: A tract of land beginning at a point Thirty Three (33.0) feet west of the centerline of North Road on the extension of the north line of Lot 33, Potash Subdivision; thence west along the north line of Potash Subdivision and extension thereof to a point Sixteen (16.0) feet west of the northwest corner of Lot 43, Potash Subdivision and the extension of the north line of said Lot 43; thence north a distance of Sixteen (16.0) feet on a line parallel and Sixteen (16.0) feet west of the extension of the west line of Lot 43, Potash Subdivision; thence east on a line parallel and Sixteen (16.0) feet north of the extension of Lot 43, Potash Subdivision, and Lot 33 to a point Thirty Three (33.0) feet west of the centerline of North Road; thence south Sixteen (16.0) feet to the point of beginning, said tract containing 0.48 acres, more or less, as shown on the plat dated November 5, 2001, 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 sanitary sewer easement from Rudolf F. Plate and Jeannice R. Plate, husband and wife, and Tim C. Plate, a single person, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk Item G5 #2002-4 Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Part Of The SW 1/4, SE 1/4, Section 14-11-10 This item relates to the aforementioned Public Hearing. Council action is needed for acquisition of all Public Utility Easements. The property owners, Eric M. Pollock and Kenda D. Pollock, have agreed to the terms of the easement. The cost of the easement is expected to be a small portion of the project costs. There are no alternatives as the easement is necessary for completion of the project. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-4 WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Eric M. Pollock and Kenda D. Pollock, husband and wife, to install, upgrade, maintain, and repair Sanitary Sewer District No. 493; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, the easement and right-of- way being more particularly described as follows: A tract of land beginning at the northwest corner of Lot 43, Potash Subdivision; thence south along the west side of Potash Subdivision to the north line of Old Potash Highway, being Thirty Three (33.0) feet north of the centerline; thence west along the north line of Old Potash Highway a distance of Sixteen (16.0) feet; thence north Sixteen (16.0) feet west of and parallel to the west line of Potash Subdivision to a point on the extension of the north line of Lot 43; thence east on the extension of the north line of Lot 43, Potash Subdivision a distance of Sixteen (16.0) feet to the point of beginning, said tract containing 0.47 acres, more or less, as shown on the plat dated November 5, 2001, 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 sanitary sewer easement from Eric M. Pollock and Kenda Pollock, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk Item G6 #2002-5 Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Lot 51, Potash Subdivision This item relates to the aforementioned Public Hearing. Council action is needed for acquisition of all Public Utility Easements. The property owner, Wayne F. McGown, has agreed to the terms of the easement. The cost of the easement is expected to be a small portion of the project costs. There are no alternatives as the easement is necessary for completion of the project Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-5 WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Wayne F. McGown, a single person, to install, upgrade, maintain, and repair Sanitary Sewer District No. 493; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Fifty One (51) Potash Subdivision in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: The north Ten (10.0) feet of Lot Fifty One (51), Potash Subdivision, as shown on the plat dated October 12, 2001, 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 sanitary sewer easement from Wayne F. McGown, a single person, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk Item G7 #2002-6 Approving Acquisition of Permanent Utility Easement for Sanitary Sewer District 493 Located In Lot 17, Potash Subdivision This item relates to the aforementioned Public Hearing. Council action is needed for acquisition of all Public Utility Easements. The property owners, Eugene F. Fuller and Linda Fuller, have agreed to the terms of the easement. The cost of the easement is expected to be a small portion of the project costs. There are no alternatives as the easement is necessary for completion of the project. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-6 WHEREAS, a sanitary sewer easement is required by the City of Grand Island, from Eugene F. Fuller and Linda Fuller, husband and wife, to install, upgrade, maintain, and repair Sanitary Sewer District No. 493; and WHEREAS, a public hearing was held on January 8, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Seventeen (17) Potash Subdivision in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: The southerly Four (4.0) feet of the northerly Twelve (12.0) feet of Lot Seventeen (17), Potash Subdivision, as shown on the plat dated October 12, 2001, 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 sanitary sewer easement from Eugene F. Fuller and Linda Fuller, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 8, 2002. _______________________________________ RaNae Edwards, City Clerk Item G8 #2002-7 Approving Change Order #1 - Engineering Services Contract for Corrosion Control Treatment (OCCT) Study CH2MHILL was awarded an engineering services contract in 1994 to provide the Optimum Corrosion Control Treatment (OCCT) Study which was required by the City’s testing above the EPA limit for copper at the customers tap. The contract for this work was originally awarded in 1994 for an amount of $19,400. In 1995 the project was halted as the science of the Copper Rule was contested by the State of Nebraska and several of the affected cities. After a number of studies by CDC, National Science Administration, meetings with EPA, and a lawsuit by the Nebraska Attorney General, EPA continued enforcement and the City must submit the OCCT Study by December 31, 2001. The OCCT Study is now completed. The original contract amount in 1994 was $19,400. When the project was placed on hold in 1995, $8,700 had been expended. CH2MHILL has spent $11,100 on the OCCT project since it was recently restarted. Original Contract Amount $19,400.00 Expenditure prior to project hold $ 8,700.00 Expenditure to complete project $11,100.00 Final Amount $19,800.00 Change from original contract $ 400.00 The Utilities Department Staff has reviewed the requested change and recommends approval. Expenditure of $400 from Enterprise Fund 520. There are sufficient funds available. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski Council.Now - WindStone Inc. CHANGE ORDER #1 TO: CH2M HILL 100 Inverness Terrace East Englewood, CO 80112-5304 Project: Optimum Corrosion Control Treatment Study You are hereby directed to make the following change in your contract: 1. Additional payment of man-hours for Completion of Study ADD: $400.00 or DELETE $ The original Contract Sum $19,400.00 Previous Change Order Amounts $ 0.00 The Contract Sum is increased by this Change Order $ 400.00 The total modified Contract Sum to date $19,800.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the Work described herein. Additional claims will not be considered. APPROVED: CITY OF GRAND ISLAND By: Date Mayor Attest: Approved as to Form, City Attorney ACCEPTED: CH2M HILL By: Date Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-7 WHEREAS, on April 25, 1994, by Resolution 94-099, the City Council for the City of Grand Island awarded the proposal submitted by CH2M Hill of Englewood, Colorado to conduct an Optimum Corrosion Control Study for the Utilities Department as required by the Environmental Protection Agency; and WHEREAS, in 1995, the project was halted as the science of the Copper Rule was contested by the State of Nebraska; and WHEREAS, after a number of studies by the Center for Disease Control, National Science Administration, meetings with the Environmental Protection Agency, and a lawsuit by the Nebraska Attorney General, the report is now due WHEREAS, due to the delay of the project, additional costs were incurred by CH2M Hill in completing the study; and WHEREAS, such delay has increased the contract amount by $400, for a total contract amount of $19,800. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and CH2M Hill to authorize an additional $400 for the completion of the Optimum Corrosion Control Study for the Utilities Department as required by the Environmental Protection Agency. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Item G9 #2002-8 Approving Change Order #1 - Engineering Services Contract for a Water System Engineering Evaluation with CH2MHill CH2MHILL was awarded an engineering services contract to do an in depth evaluation of the City water system. The project included hydrological evaluation of the system with 20- year growth projections, review of current and pending regulatory impacts, and development of a system computer model. That project is now complete. The service contract for this project was priced with the consulting firm making a presentation to the Council of the results of the engineering study. However, the regulatory arena is quite complex for water systems and the Department felt that Council should be advised of the wide variety of possible regulatory impacts prior to the study being finalized. The consulting firm made the first presentation to Council on March 20, 2001, prior to study completion. The final presentation of the completed study was made on November 13, 2001. CH2MHILL is requesting compensation for the extra trip to Grand Island and presentation. Original Contract Amount $129,530.00 Change Order $ 2,100.00 Final Amount $131,630.00 The Utilities Department Staff has reviewed the requested change and recommends approval. Expenditure of $2,100.00 from Enterprise Fund 520. There are sufficient funds available. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader/Dale Shotkoski Council.Now - WindStone Inc. CHANGE ORDER #1 TO: CH2M HILL 100 Inverness Terrace East Englewood, CO 80112-5304 Project: Water System Engineering Evaluation You are hereby directed to make the following change in your contract: 1. Additional payment of man-hours for Compensation fo r extra trip to Grand Island and presentation of evaluation ADD: $2,100.00 or DELETE $ The original Contract Sum $129,530.00 Previous Change Order Amounts $ 0.00 The Contract Sum is increased by this Change Order $ 2,100.00 The total modified Contract Sum to date $131,630.00 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the Work described herein. Additional claims will not be considered. APPROVED: CITY OF GRAND ISLAND By: Date Mayor Attest: Approved as to Form, City Attorney ACCEPTED: CH2M HILL By: Date Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-8 WHEREAS, on April 10, 2000, by Resolution 2000-110, the City Council for the City of Grand Island awarded the proposal submitted by CH2M Hill of Englewood, Colorado for municipal water system engineering services for the Utilities Department; and WHEREAS, due to the complex nature of the study, it was determined that CH2M Hill would make two presentations to the City Council prior to the study being finalized, rather than one presentation as initially anticipated; and WHEREAS, additional costs were incurred by CH2M Hill in providing the second presentation to the City Council; and WHEREAS, such unanticipated costs increased the contract amount by $2,100. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and CH2M Hill to authorize an additional $2,100 for the costs associated with an additional presentation to the City Council of the municipal water system evaluation. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Item G10 #2002-9 Approving Deferral of Assessments for Agricultural Property Located Within Sanitary Sewer District #493 Council action is required to approve deferral of special assessments. The Council created Sanitary Sewer District 493 on June 13, 2000. The District completed the 30-day protest period on July 20, 2000 and was continued by Council on August 15, 2000. Three owners have requested agricultural deferral of special assessments for Sanitary Sewer District 493: Eric Pollock for part of the Southwest Quarter of the Southeast Quarter of Section 14-11-10 lying west of Potash Subdivision; Rudolf F. Plate for part of the Northeast Quarter of the Southeast Quarter of Section 14-11-10 lying north of Potash Subdivision; and T&E Cattle Company for part of the Southwest Quarter of Section 13-11-10 lying south of Faidley Avenue. The three pieces of real estate are located within agricultural use zones and are used exclusively for agricultural purposes. The recommendation is to approve the requests for deferral of special assessments. The Districts passed the protest period with the agreement that staff would support agricultural deferments when the issue came before Council. During the time of the deferral, no principal payments would come due, and no interest would accrue on the assessments. Assessment payments would begin when the properties are developed or are no longer eligible for an agricultural use deferral. The alternative is to deny the requests and require assessments to be paid according to the normal schedule. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-9 WHEREAS, on June 13, 2000, by Ordinance No. 8597, the City of Grand Island created Sanitary Sewer District No. 493; and WHEREAS, such district included land adjacent to the City, some of which was and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, three property owners located within Sanitary Sewer District No. 493 have requested agricultural deferral of special assessments for Sanitary Sewer District No. 493 due to the land being used exclusively for agricultural purposes; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The special assessments to be levied under Sanitary Sewer District No. 493 upon the tracts of land described in Exhibit "A" attached hereto shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2.That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessment. 3.That the special assessment shall be divisible upon a front foot basis in the event a portion of the land shall no longer be eligible for deferral. 4.That upon termination of deferral, the principal amount of the special assessment shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Approved as to Form ? _______________ January 3, 2002 ? City Attorney Exhibit "A" Agricultural Use Deferral Sanitary Sewer District No. 493 T & Cattle Co.The Southwest Quarter (SW1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. Rudolf F. Plate and A tract of la nd comprising a part of the North Half of the Southeast Quarter (N1/2, SE1/4) of Section Fourteen Tim C. Plate (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at a point on the south line of said North Half of the Southeast Quarter (N1/2, SE1/4), said point being the Seven Hundred Sixty and Eleven Hundredths (760.11) feet west of the southeast corner of said North Half of the Southeast Quarter (N1/2, SE1/4), said point also being on the north line of Potash Subdivision; thence N00º00'00"E, parallel with the east line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of One Hundred Thirty Five and Two Hundredths (135.02) feet; thence N45º28'45"E, a distance of Eighty Four and Fifteen Hundredths (84.15) feet; thence N00º00'00"E, parallel with the east line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of Four Hundred Eighty Nine and Thirteen Hundredths (489.13) feet to a point on a south line of Westwood Park Fourth Subdivision; thence N89º06'05"W, along and upon the south line of said Westwood Park Fourth Subdivision, a distance of Five Hundred Thirty Four and Fourteen Hundredths (534.14) feet; thence N33º25'53"W, along and upon a south line of said Westwood Park Fourth Subdivision, a distance of Sixty Seven and Twelve Hundredths (67.12) feet; thence N60º03'50"W, along and upon a south line of said Westwood Park Fourth Subdivision, a distance of One Hundred Fifty (150.0) feet; thence S29º56'10"W, along and upon a south line of said Westwood Park Fourth Subdivision, a distance of Twenty Five (25.0) feet; thence N89º06'05"W, along and upon a south line of said Westwood Park Fourth Subdivision, a distance of Four Hundred Fifty Five (455.0) feet; thence N00º16'41"E, along and upon a west line of said Westwood Park Fourth Subdivision, a distance of Four Hundred Twenty Five (425.0) feet to the southeast corner of pending Westwood Park Sixth Subdivision; thence N89º06'05", along and upon a south line of said pending Westwood Park Sixth Subdivision, a distance of One Hundred Forty Seven and Eighty Five Hundredths (147.85) feet; thence S78º03'01"W, along and upon a south line of said pending Westwood Park Sixth Subdivision, a distance of Sixty One and Thirty Nine Hundredths (61.39) feet; thence N89º06'05"W, along and upon a south line of said pending Westwood Park Sixth Subdivision, a distance of One Hundred Fifty Five (155.0) feet to a southwest corner of said pending Westwood Park Sixth Subdivision; thence S00º16'41"W, parallel with the west line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of Six Hundred Seventy Four and Eighty Four Hundredths (674.84) feet; thence S42º17'42"E, a distance of One Hundred Exhibit "A" Seventy Nine and Seventy Nine Hundredths (179.79) feet; thence S00º16'41"W, parallel with the west line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of One Hundred Sixty Nine and Five Tenths (169.50) feet; thence S07º33'17"W, a distance of Sixty and Four Tenths (60.40) feet; thence S00º16'41"W, parallel with the west line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of One Hundred Sixty Five (165.0) feet to a point on the south line of said North Half of the Southeast Quarter (N1/2, SE1/4); thence S89º02'30"E, along and upon the south line of said North Half of the Southeast Quarter (N1/2, SE1/4), and along and upon the westerly prolongation of the north line of said Potash Subdivision, and along and upon the north line of said Potash Subdivision, a distance of One Thousand Three Hundred Sixty One and Three Tenths (1,361.30) feet to the point of beginning and containing 28.392 acres, more or less. Rudolf F. Plate and A tract of land comprising a part of the North Half of the Southeast Quarter (N1/2, SE1/4) of Section Fourteen Tim C. Plate (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southeast corner of said North Half of the Southeast Quarter (N1/2, SE1/4), said point also being the northeast corner of Potash Subdivision; thence N00º00'00"E, along and upon the east line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of Six Hundred Eighty Four and Eighty Nine Hundredths (684.89) feet to the southeast corner of Westwood Park Fourth Subdivision; thence N89º06'05"W, along and upon the south line of said Westwood Park Fourth Subdivision, a distance of Seven Hundred and Eight Hundredths (700.08) feet; thence S00º00'00"W, parallel with the east line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of Four Hundred Eighty Nine and Thirteen Hundredths (489.13) feet; thence S45º28'45"W, a distance of Eighty Four and Fifteen Hundredths (84.15) feet; thence S00º00'00"W, parallel with the east line of said North Half of the Southeast Quarter (N1/2, SE1/4), a distance of One Hundred Thirty Five and Two Hundredths (135.02) feet to a point on the south line of said North Half of the Southeast Quarter (N1/2, SE1/4), said point also being on the north line of said Potash Subdivision; thence S89º02'30"E, along and upon the south line of said North Half of the Southeast Quarter (N1/2, SE1/4), and also being along and upon the north line of said Potash Subdivision, a distance of Seven Hundred Sixty and Eleven Hundredths (760.11) feet to the point of beginning and containing 11.227 acres, more or less. Eric M. Pollock and The South Half of the Southeast Quarter (S1/2, SE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Kenda D. Pollock Ten (10) West of the 6th P.M. in Hall County, Nebraska, excepting therefrom tracts of land conveyed in Warranty Deeds recorded in Book 3, Page 534; Book 113, Page 321; Book 113, Page 323; Book 143, Page 555; Book 170, Page 2, Document No. 77-000208 and Document No. 78-004621; and excepting Quitclaim Deed recorded in Book 128, Page 107 and further excepting deed to the City of Grand Island for sidewalk purposes Document No. 86-105467, said tract being sold containing approximately 25 acres, more or less. Item G11 #2002-10 Approving Change Order #1 to the Contract with The Diamond Engineering Company for Street Improvement District 1237, Wortman Drive The construction contract was awarded to The Diamond Engineering Company, Grand Island Nebraska, on April 24, 2001. Any change orders to the contract must be approved by the Council. Please see attached breakdown of costs. Sufficient funds are available in account 400.01.40045.05630. The changes were requested and approved by Central Community College. 100% of the costs will be assessed as part of the Street Improvement District. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. CHANGE ORDER NO. 1 PROJECT: Street Improvement District 1237, Wortman Drive CONTRACTOR: The Diamond Engineering Company The Public Works Department prepared Change Order #1 to make the following changes: Original Contract $ 348,863.23 Installation of a westbound right turn lane from US Highway 34 was required by the Nebraska Department of Roads. $ 11,245.00 Regrading of the shoulder of US Highway 34 for the right turn lane.$ 750.00 A parking lot light at CCC was removed to construct the storm sewer for the project.$ 400.00 Sanitary Sewer Main repair $ 2,984.75 3.81 acres of type B seeding were eliminated - $ 3,429.00 0.75 acres of fescue seeding were added $ 2,250.00 Revised Contract $ 363,063.98 Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-10 WHEREAS, on April 24, 2001, by Resolution 2001-98, the City Council for the City of Grand Island awarded the bid for the construction of Street Improvement District No. 1237 to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications for this project will increase the contract amount by $14,200.75, for a revised contract amount of $363,063.98. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and The Diamond Engineering Company to provide the following modifications: Amount Install westbound right turn lane from US Highway 34 ...........................................................$ 11,245.00 Regrade shoulder of US Highway 34 for right turn lane...................................................................750.00 Replace parking lot light at Central Community College ..................................................................400.00 Sanitary sewer main repair........................................................................................................2,984.75 Eliminate 3.81 acres of Type B seeding .....................................................................................(3,429.00) Add 0.75 acres of fescue seeding ..............................................................................................2,250.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Item G12 #2002-11 Approving Lease Agreement with Hall County Historical Society for the Use of the Burlington Depot as a Satellite Police Station This lease agreement is to provide a police presence toward the eastern part of the city. The Hall County Historical Society has modified the north end of the Burlington Northern Depot to facilitate police occupancy with input from our department. This agreement specifies a five year lease with rent being $500.00 monthly for the first year with an annual 2 1/2 percent COLA. The City Attorney's office has reviewed the lease. We have budgeted the appropriate amount to cover rental costs for fiscal year 2001-2002. Approval is recommended. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Kyle Hetrick Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-11 WHEREAS, it has been suggested that the Grand Island Police Department establish satellite offices to provide increased police presence, provide administrative services, etc. in specific areas of the community; and WHEREAS, space is available in the newly renovated Burlington Depot near 6th Street and Plum Street; and WHEREAS, a lease is necessary setting out the terms and conditions for utilizing such office space, with an anticipated lease term of five years; and WHEREAS, the proposed lease 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 Lease by and between the Grand Island Police Department and the Hall County Historical Society for the use of the Burlington Depot as a satellite police station is hereby approved; and the Mayor is hereby authorized and directed to execute such lease on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Item G13 #2002-12 Approving Funding for Household Hazardous Waste Collection Day The 2001-2002 Annual Budget, Public Works Department, Solid Waste Division, includes funding for cleanup activities. In September, 2001, the Clean Community System conducted the annual Household Hazardous Waste Collection Day in Hall County whereby paint, oil, anti-freeze, batteries and other household hazardous wastes were collected. The cleanup was partially funded by a grant from the Nebraska Department of Environmental Quality (NDEQ). Clean Community Systems will be submitting an application to the NDEQ for funding assistance of this event for 2002. Because a commitment of matching funds from the community will strengthen the application, Clean Community Service is requesting that the City of Grand Island provide a commitment of $3,000 to support the hazardous waste collection project. A similar request is being made to the Hall County Board of Supervisors. Approval is recommended. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle Council.Now - WindStone Inc. Approved as to Form ? _______________ January 3, 2002 ? City Attorney R E S O L U T I O N 2002-12 WHEREAS, the Grand Island Area Clean Community System has coordinated Household Hazardous Waste Collection Days in Hall County; and WHEREAS, due to the success of past collection efforts, it is anticipated that further collections would be beneficial; and WHEREAS, a grant application is being prepared to fund such collection project for 2002; and WHEREAS, matching funds and in-kind services are required for grant approval, and commitments to provide matching funds and/or in-kind services must be documented and provided with such grant application; and WHEREAS, a request has been made by the Grand Island Area Clean Community System for a commitment from the City of Grand Island to provide a cash match in the amount of $3,000 for the 2002 hazardous waste collection project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a $3,000 cash match be approved and authorized for use in the household hazardous waste collection scheduled for the fall of 2002, and documentation of such commitment be prepared and provided with the grant application for this project. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 8, 2002. ____________________________________ RaNae Edwards, City Clerk Item H1 Request of Lupercio Lopez-Deleon, 224 South Sycamore Street for Taxi Cab Company Permit for Taxi Latino Lupercio Lopez-Deleon, 224 South Sycamore Street has submitted an application for a Taxi Cab Company Permit for Taxi Latino, 224 South Sycamore Street. Approval is subject to inspection of the vehicles by the Police Department for compliance with the Nebraska Rules of the Road and the Grand Island City Code Meter requirement. A MOTION is in order. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item J1 Payment of Claims for the Period of December 19, 2001 through January 8, 2002 The Claims for the period of December 19, 2001 through January 8, 2002, claims #114805 and #114936 through #115582 for a total amount of $3,202,513.45. A MOTION is in order. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item X1 Discussion Concerning Pending Litigation ADJOURN TO EXECUTIVE SESSION Our office is requesting that the Mayor and City Council convene in executive session during the January 8, 2002, regular meeting to discuss the decision of the Hall County District Court in the Hartman arbitration case. Along with co-counsel John Brownell we propose to advise the Council of the decision of the court and the various alternatives for the Council to consider. Action may be taken by the Council on the Hartman claim following the executive session. RETURN TO REGULAR SESSION Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Marlan Ferguson Council.Now - WindStone Inc. Item X2 Consideration of Dick Hartman Claim Possible action by the Council on the Hartman claim following the executive session. Tuesday, January 08, 2002 Council Session City of Grand Island Staff Contact: Marlan Ferguson Council.Now - WindStone Inc.