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01-22-2002 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 22, 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 Glen 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 - Father Tom Ryan, St. Mary's Cathedral Catholic Church, 204 South Cedar Street Council.Now - WindStone Inc. Item C1 It's About Kids! Presentations by Crystal Kuzma and Jenna Huffman Youth Leadership Tomorrow, It's About Kids! assets will be presented by Crystal Kuzma and Jenna Huffman. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item C2 Recognition of Dr. Richard Fruehling for Dedication to the Practice of Family Medicine The Mayor and City Council will recognize Dr. Richard Fruehling for providing care to thousands of patients for 30 years in Grand Island and the rural areas throughout Nebraska. Dr. Fruehling has been named the 2001 Outstanding Rural Health Practitioner by the Nebraska Rural Health Association, the 2001 Family Physician of the Year by the Nebraska Academy of Family Physicians and the Grand Island Independent's Man of the Year for 2001. Mike Gloor, President and CEO of St. Francis Medical Center will help make the presentation. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Certificate of Appreciation Awarded to: Dr. Richard Fruehling For his unceasing dedication to the mentorship and practice of family medicine in Grand Island and throughout rural Nebraska. Mayor, Ken Gnadt RaNae Edwards, City Clerk Item C3 Presentation by McDermott & Miller, for FY 2001 City Single Audit and General Purpose Financial Statements Mike Wassinger of McDermott & Miller will present the City Single Audit for Fiscal Year 2001. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: David Springer Council.Now - WindStone Inc. Item D1 Board of Equalization for Sidewalk District No. 1 -2001, Stolley Park Road & Broadwell Avenue at the Union Pacific Railroad Tracks All work is complete and the special assessments are calculated for the properties in Sidewalk District No. 1 - 2001. The district included the Union Pacific Railroad Right of Way lying East of and adjacent to Broadwell Avenue between West South Front Street & Old Lincoln Highway and the Union Pacific Railroad Right of Way lying North of and adjacent to Stolley Park Road approximately 300' East of Ada Street. The Certificate of Final Completion was approved by Council on December 18, 2001 and a Board of Equalization date of January 22, 2002 was set. All costs of the District will be assessed to the Union Pacific Railroad. The total to be assessed, including Engineering Services, equals $3,266.56. The Public Works Department recommends that the Council, sitting as a Board of Equalization, levy the Special Assessments as calculated. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, Director of Public Works / City Engi Council.Now - WindStone Inc. Approved as to Form ¤ __________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-BE-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sidewalk District No. 1, 2001, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $3,266.56; and Such benefits are equal and uniform; and According to the front foot and area of the respective lots, tracts, and real estate within such Sidewalk District No. 1, 2001, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Union Pacific Railroad Co.That part of the Union Pacific Railroad right-of-way in the SW1/4 of the SW1/4 of Section 16-11-9, lying east of and adjacent to Broadwell Avenue $2,207.48 Union Pacific Railroad Co.That part of the Union Pacific Railroad right-of-way in the SW1/4 of the SE1/4 , and the SE1/4 of the SW1/4 of Section 20-11-9, lying north of and adjacent to Stolley Park Road 1,059.08 TOTAL $3,266.56 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Adoption of Official City Zoning Map for 2002. The Regional Planning Department has developed the Official Zoning Map in accordance with Section 36-7 of the Grand Island City Code whereby establishing the location, size, shape and boundaries of the zones approved by the City Council for the enforcement of zoning regulations. It has been recommended that the Official Zoning Map be ratified, affirmed, readopted and published on an annual basis. The Regional Planning Commission approved the Official Zoning Map, with the recommended changes, at their January 9, 2002 meeting. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Item E2 Public Hearing on Acquisition of Utility Easement - Mid-Country Trading, L.L.C. Acquisition of a utility easement located east and west of Whiskey Creek Steakhouse on Lot One, (1), Park Island Square 5th Subdivision, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate high voltage underground cable to serve the new strip mall immediately south of Whiskey Creek Steakhouse. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. UTILITY EASEMENT INDICATES 20' WIDE EXHIBIT "A" TRACT # 2 TRACT # 1 LEGEND Item E3 Public Hearing on Acquisition of Utility Easement - Midland Ag Services Acquisition of a utility easement located west of Gunbarrel Road, 1/4 mile south of Capital Avenue, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate a new underground primary cable and single phase pad mounted transformer to serve a new home. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. EXHIBIT "A" CAPITAL AVE.GUNBARREL ROADPART O F SE 1/4, N E 1/4 SEC. 1 2, T- 1 1- N, R- 9- W LEGEND Item E4 Public Hearing on a Request of Airgate Wireless Inc. for a Conditional Use Permit to Construction a 170' Telecommunication Tower Located at 3703 West Capital Avenue David Cunningham representing Airgate Wireless, Inc., 5140 Park Avenue, Suite J, Des Moines, Iowa has submitted an application with the City Clerks Office for a Conditional Use Permit for the construction of a 170 foot telecommunication tower located at 3703 West Capital Avenue. This request has been reviewed by the Building, Legal, Utilities, Planning and Public Works Departments. One letter of opposition has been received from Marvin Cavaness, the owner and trustee of the property to the east of the proposed location. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Craig Lewis Council.Now - WindStone Inc. Item F1 #8708 - Consideration of Salary Increase for City Council and Mayor In accordance with direction provided from the study session of Tuesday, January 15, 2002, amendments to Sections 2-26 and 2-27 of the Grand Island City Code have been drafted increasing salaries of the Mayor and City Council by $1,000 each to $6,000 and $13,000 per year, respectively. As outlined in a prior memorandum on this subject, (December 14, 2001, attached for your review) compensation for the Mayor may be increased only at the commencement of a new term and for the City Council when new terms start for one or more members. These amendments would be effective at the first regular meeting of the Council in December following the 2002 general election. A suggestion was made that the amendments provide for periodic costs of living adjustments (COLA). Currently COLA’s for city employees are implemented by the Mayor and City Council adopting a new salary ordinance. There is nothing in state statutes or the City Code which specifically provides for COLA’s. Our recommendation is that because making a COLA adjustment to the Mayor’s and City Council’s compensation cannot be automatic and will require amendments to these two sections of Chapter 2 in the City Code, and because this legislative action would occur on a biennial basis for council members and quadrennial basis for the Mayor, the ordinance as drafted should not include language about periodic COLA adjustments. Aside from the fact that such a provision adds nothing to the legislative authority of the Mayor and City Council, I have a concern that including this language as part of the City Code may run afoul of constitutional and statutory provisions prohibiting increasing the compensation of an elected official during their term. Our recommendation is that the ordinance amending Sections 2-26 and 2-27 of the City Code be approved as drafted. December 14, 2001 Memo to Mayor and City Council Regarding Salary Increase Proposal for Mayor and City Council Elected officers in cities of the first class such as Grand Island may be paid such compensation as the mayor and city council fix by ordinance. (Neb. Rev. Stat. §16-310). Section 16-326 authorizes the compensation paid to the city council to be changed for the entire council at the commencement of the new term for one or more members, in the case of Grand Island, this being the first regular meeting in the month of December during evenly numbered years. The compensation for the mayor may be changed only at the time of the commencement of the new term. Section 16-502 prohibits any officer of the city from receiving any pay or perquisites other than their salary. These same statutory provisions are reiterated in the Constitution of Nebraska, Article III, Section 19. Tuesday, January 22, 2002 Council Session City of Grand Island Council.Now - WindStone Inc. In summary, the mayor and city council can enact a new compensation schedule to be effective at the first regular meeting in December, 2002. The amounts paid under any revised compensation schedule is within the discretion of the mayor and city council. The City Attorney’s office makes no recommendation concerning this matter. Staff Contact: Marlan Ferguson\Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney ORDINANCE NO. 8708 An ordinance to amend Chapter 2 of the Grand Island City Code; to amend Sections 2-26 and 2-27 pertaining to salaries of elected officials; to repeal Sections 2-26 and 2- 27 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 2-26 of the Grand Island City Code is hereby amended to read as follows: §2-26. City Council Members; Compensation The annual compensation for members of the city council shall be $6,000 $5,000 per year, payable monthly in equal installments as required by law. SECTION 2. Section 2-27 of the Grand Island City Code is hereby amended to read as follows: §2-27. Mayor; Compensation The annual compensation for the mayor shall be $13,000 $12,000 per year, payable monthly in equal installments as required by law. SECTION 3. Sections 2-26 and 2-27 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. The salary adjustments identified above shall become effective on December 1, 2002. SECTION 5. 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. ORDINANCE NO. 8708 (Cont.) - 2 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney Enacted: January 22, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8713 - Consideration of Establishing Assessments for Sidewalk District No. 1-2001, Stolley Park Road & Broadwell Avenue at the Union Pacific Railroad Tracks This item relates to the action taken earlier whereby the Council, acting as the Board of Equalization, determined benefits associated with Sidewalk District No. 1 - 2001. The District was established September 25, 2001 and construction was completed in Fall 2001. This ordinance provides for setting the assessment and levying the special taxes. Approval is recommended. See attached ORDINANCE. Tuesday, January 22, 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 17, 2002 ¤ City Attorney ORDINANCE NO. 8713 An ordinance to assess and levy a special tax to pay the cost of construction of Sidewalk District No. 1, 2001 of the City of Grand Island, Nebraska; to provide for the collection of such special tax; 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. There is hereby assessed upon the following described lots, tracts, and parcels of land, specially benefited, for the purpose of paying the cost of construction of said Sidewalk District No. 1, 2001, as adjudged by the Council of the City, sitting as a Board of Equalization, to the extent of benefits accruing thereto by reason of such improvement, after due notice having been given thereof as provided by law; and, a special tax for such cost of construction is hereby levied at one time upon the lots, tracts, and lands as follows: *This Space Reserved for Register of Deeds * ORDINANCE NO. 8713 (Cont.) - 2 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney Name Description Assessment Union Pacific Railroad Co.That part of the Union Pacific Railroad right-of-way in the SW1/4 of the SW1/4 of Section 16-11-9, lying east of and adjacent to Broadwell Avenue $2,207.48 Union Pacific Railroad Co.That part of the Union Pacific Railroad right-of-way in the SW1/4 of the SE1/4 , and the SE1/4 of the SW1/4 of Section 20-11-9, lying north of and adjacent to Stolley Park Road 1,059.08 TOTAL $3,266.56 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in ten days after the date of this levy; one-seventh in one year; one seventh in two years; one-seventh in three years; one-seventh in four years; one- seventh in five years; and one-seventh in six years. Each of said installments, except the first, shall draw interest at the rate of seven percent per annum from the time of such levy until they shall become delinquent. After the same becomes delinquent, interest at the rate of fourteen percent per annum shall be paid thereon until the same is collected and paid. SECTION 3. The City Treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 4. Such special assessments shall be paid into a fund to be designated as the "Sidewalk District Assessment Fund" for Sidewalk District No. 1, 2001. SECTION 5. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. 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. ORDINANCE NO. 8713 (Cont.) - 3 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney Enacted: January 22, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8714 - Consideration of Revisions to Chapter 5 of the Grand Island City Code Relative to the Animal Advisory Board During the regular meeting of the Animal Advisory Board on Tuesday, January 8, 2002, two items were discussed which are reflected in proposed amendments to Sections 5-2 and 5-3 of the Grand Island City Code. The first proposed change is that because the City of Grand Island no longer operates a zoo, there is no one to fill the position of director of the zoo on the Animal Advisory Board. The Board is proposing that this position be terminated and the representatives from the community at large be increased from two to three. The second proposed change is to permit the Chief of Police, the Director of the Humane Society and the Director of the Department of Health to designate a representative from their staff to attend and vote at meetings of the Board. These suggestions are forwarded based on a unanimous vote of the Board. We recommend that the ordinance amending Sections 5-2 and 5-3 of the City Code be approve as drafted. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney ORDINANCE NO. 8714 An ordinance to amend Chapter 5 of the Grand Island City Code; to amend Sections 5-2 and 5-3 pertaining to the Animal Advisory Board; to repeal Sections 5-2 and 5-3 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 5-2 of the Grand Island City Code is hereby amended to read as follows: §5-2. Animal Advisory Board; Establishment There is hereby established the Animal Advisory Board of the City of Grand Island, whose duty it shall be to advise the mayor and city council on all matters relating to this chapter. The board shall be composed of seven members: four three members appointed by the mayor subject to confirmation by the city council; and the chief of police or his/her designee, the director of the humane society or his/her designee, and the director of the department of health or his/her designee., and the director of the zoo. Appointed members shall serve without compensation. The Animal Advisory Board shall meet on the first Tuesday falling after January 1 and July 1 of each year and/or such other occasions as may be established by said board. Attendance by any four or more members shall constitute a quorum. SECTION 2. Section 5-3 of the Grand Island City Code is hereby amended to read as follows: §5-3. Composition and Term Said advisory board shall be composed of one veterinarian and three two representatives from the community at large. The chief of police or his/her designee, the director of the humane society or his/her designee, the director of the zoo, and the director of the department of health or his/her designee shall serve as ex officio members. The original appointees to the Animal Advisory Board shall serve terms as follows: One for one year, one for two years, and one for three years. Thereafter, all appointments shall be for three year terms, provided, any appointment to fill a vacancy shall only be for the unexpired portion of the term of the member being replaced. The mayor may remove any appointed member without cause. SECTION 3. Sections 5-2 and 5-3 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. ORDINANCE NO. 8714 (Cont.) - 2 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney SECTION 4. 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 22, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8715 - Consideration of Proposed Amendment to Chapter 34 of the Grand Island City Code Relative to Taxicab Permit Application It has been a number of years since the City of Grand Island last issued a new Taxicab Company Permit; however, there are currently two companies considering initiating taxi and bus service in the City. State statutes require that a Certificate of Public Convenience and Necessity be obtained from the Nebraska Public Service Commission (PSC) prior to initiating taxi or bus service. Regulations of the Commission provide that a current certificate of insurance, rate schedule and certain other information must be maintained on file with the PSC. Finally, the PSC inspects meters and vehicles on a periodic, generally annual, basis. The ordinance before the Council proposes to amend Section 34-17 of the Grand Island City Code to require that the application filed with the City Clerk for a taxi cab permit include copies of the Certificate of Public Convenience and Necessity and the applicant’s certificate of insurance. Requiring these items as part of the application process ensures that no one can initiate service prior to meeting statutory requirements and having their vehicles and meters inspected. We recommend that the amendment to Section 34-76 of the City Code be approved as drafted. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney ORDINANCE NO. 8715 An ordinance to amend Chapter 34 of the Grand Island City Code; to amend Section 34-76 pertaining to taxicab company permit; to repeal Section 34-76 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 34-76 of the Grand Island City Code is hereby amended to read as follows: §34-76. Taxicab Company Permit; Application All applications for permit required by §34-1 shall be made to the city clerk on a form to be provided by the city clerk. Such application form shall require the applicant to set forth his or her name, residence, occupation, copy of certificate of public convenience and necessity, certificate of insurance, and such other facts as are necessary to show whether or not such applicant is a person of good moral character and otherwise qualified to operate vehicles carrying passengers for hire. SECTION 2. Section 34-76 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 22, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #8716 - Consideration of Amendment to Chapter 25 of the Grand Island City Code Relative to Tattoos A question was received by the department regarding the tattooing of scarred skin. This is currently not allowed by City Code. Staff researched the question using our medical consultant, Dr. Settje, various dermatologists and the police department. It is recommended that the City Code be amended to allow such a practice. See attached ORDINANCE. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Sonja Simpson\Ryan King Council.Now - WindStone Inc. Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney ORDINANCE NO. 8716 An ordinance to amend Chapter 25 of the Grand Island City Code; to amend Section 25-14 pertaining to health and sanitary requirements for tattooing; to repeal Section 25- 14 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 25-14 of the Grand Island City Code is hereby amended to read as follows: §25-14. Health and Sanitary Requirements Each person who operates a tattooing and/or body piercing establishment shall comply with the following requirements: (A) The room in which tattooing and/or body piercing is done shall have an area of not less than one hundred (100) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable surface. (B) A toilet shall be located in the establishment and shall be accessible at all times that the tattooing and/or body piercing establishment is open for business. A separate lavatory will be accessible to the operator to wash his/her hands prior to applying a tattoo or body piercing to a patron. The lavatory shall be supplied with hot and cold running water, soap and sanitary towels, and shall be cleaned and sanitized at least daily. (C) All tables and other equipment shall be constructed of easily cleanable material, shall be painted or finished in a light color, with a smooth washable finish, and shall be separated from waiting customers or observers by a panel at least four (4) feet high or by a door. (D) The entire premises and all equipment shall be maintained in a clean, sanitary condition and in good repair. (E) The operator shall wash his/her hands thoroughly with soap and water before starting to tattoo and/or body pierce; the hands shall be dried with individual, single-use towels. After washing his/her hands, the operator shall rinse his/her hands in seventy percent (70%) alcohol (Rubbing Alcohol) or in an antiseptic solution approved by the Grand Island-Hall County Department of Health. The operator will then don new disposable surgical gloves, and shall wear them while in contact with the customer. Upon completion of his/her work on each customer, the operator shall dispose of the gloves by incineration or autoclave. The operator shall not perform service on more than one (1) person at a time; that is, he/she shall commence and complete or terminate services with a customer, prior to commencing work on another individual. (F) No tattooing and/or body piercing shall be done on any skin surface that has rash, pimples, boils, infections or manifests any evidence of unhealthy conditions. (G) In the event a tattoo, blemish, birthmark or scar is changed, removed, camouflaged, or altered, a record must be made and kept in the client's record. No skin area shall be penetrated, abraded or treated with chemicals for the purpose of removing, camouflaging or altering any blemish, birthmark or scar. In the event a tattoo is changed, a record must be made and be kept in the client’s record. (H) Only disposable razors with a new, single-service blade shall be used on each customer or patron and then shall be sterilized and disposed of as soon as possible by incineration. (I) The area to be tattooed and/or pierced shall first be thoroughly washed for a period of two (2) minutes with warm water to which has been added an antiseptic liquid soap. A sterile single-use sponge shall be used to scrub the area. After shaving and before tattooing and/or piercing is begun, a solution of seventy percent (70%) ORDINANCE NO. 8716 (Cont.) - 2 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney alcohol shall be applied to the area with a single-use sponge used and applied with a sterile instrument. Sponges shall be disposed of by sterilization and incineration. (J) Only sterile petroleum jelly in single-service disposable containers, if available, or collapsible metal or plastic tubes, or its equivalent as approved by the Grand Island-Hall County Department of Health, shall be used on the area to be tattooed and/or pierced and it shall be applied with sterile gauze which shall then be discarded and disposed of by incineration or autoclave. Petroleum jelly or an approved alternate substance shall not be applied directly with the fingers. (K) The use of styptic pencils, alum blocks or other solid styptics to check the flow of blood is prohibited. (L) Inquiry shall be made of each customer, and anyone giving a history of jaundice, hepatitis, lymphadenopathy or lymphadenitis (swelling of lymph nodes) Aids (HIV+) positive, or a history of blood donation exclusion (for other than hypertension and immediate illness) may not be tattooed and/or body pierced. Inquiry shall be recorded on an appropriate form which shall be executed by the customer and operator, and retained by the licensee for a period of not less than three (3) years. (M) Single-service individual containers of dye or ink shall be used for each patron, and the container therefor shall be discarded immediately after completing work on a patron and any dye in which the needles were dipped shall not be used on another person. Excess dye or ink shall be removed from the skin with an individual sterile sponge or a disposable paper tissue which shall be used only on one (1) person and then immediately discarded and disposed of with other hazardous medical waste. After completing work on any person, the tattooed and/or pierced area shall be washed with sterile gauze saturated with an antiseptic soap solution approved by the Grand Island-Hall County Department of Health, or a seventy percent (70%) alcohol solution. The tattooed and/or pierced area shall be allowed to dry and sterile petroleum jelly from a single-service disposable container, if available, or from collapsible metal or plastic tubes, shall be applied, using sterile gauze. A sterile gauze dressing shall then be fastened to the tattooed area with adhesive and/or the pierced area as needed. (N) All tattoo and/or body piercing work shall be performed with a single-service sterile needle, which shall be disposed of immediately after use on one (1) customer by sterilization and incineration. The operator shall not remove tattoos, nor shall they be done over the site of obviously recent hypodermic injections. A single-service tube should be used in conjunction with a new needle. After use the tube shall be sterilized. (O) Operator is responsible for issuing after-care instructions for each body piercing. (P) No animals may be kept or allowed in the place of business at any time. (Q) Private residences or dwelling units are prohibited in the place of business unless the tattooing and/or body piercing operation is conducted in a separate and distinct location from the normal living quarters of a residential dwelling. SECTION 2. Section 25-14 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. ORDINANCE NO. 8716 (Cont.) - 3 -Approved as to Form ¤ ___________ January 17, 2002 ¤ City Attorney Enacted: January 22, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of November 30, 2001 The Minutes of the November 30, 2001 Civil Service Meeting are submitted. See attached MINUTES. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Brenda Sutherland Council.Now - WindStone Inc. City Of Personnel Department GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION November 30, 2001 Roll Call: Members Present: Leeper, Hilligas Members Absent: Burns Also Present: Brenda Sutherland, Personnel Director Leeper called the meeting to order at 8:40 a.m. Notice of the meeting was published in the November 28, 2001, edition of the Grand Island Independent. Hilligas moved to approve the minutes of the November 13, 2001, meeting. Leeper seconded the motion, which carried unanimously upon roll call vote. The Commission reviewed the listing of applicants for the Fire Operations Division Chief exam scheduled for the week of December 17, 2001. Hilligas moved to certify 12 candidates eligible to take the exam. Leeper seconded the motion, which carried unanimously upon roll call vote. There being no further business, Hilligas moved to adjourn the meeting at 8:50 a.m. Leeper seconded the motion, which carried unanimously upon roll call vote. Respectfully submitted, Brenda Sutherland, Secretary Approved by Civil Service Commission 1/16/02 Civil Service Commission By Al Satterly, Secretary Designee Copies of approved Minutes to: City Clerk Item G2 Approving Minutes of January 8, 2002 City Council Regular Meeting The Minutes of the January 8, 2002 City Council Regular Meeting are submitted for approval See attached MINUTES. Tuesday, January 22, 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 January 8, 2002 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 January 8, 2002. Notice of the meeting was given in the Grand Island Independent on January 2, 2002. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers 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 Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue. PRESENTATIONS AND PROCLAMATIONS: It’s About Kids! Audrey Rowley and Leah Koch presented It’s About Kids! assets. RESERVE TIME TO SPEAK ON AGENDA ITEMS: One individual reserved time to speak on an agenda item. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 3358 West Old Highway 30 (Plaza Square Development, L.L.C.). Gary Mader, Utilities Director, reported that 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 was required in order to install, upgrade, maintain and repair power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located Along the East Property Line of Stuhr Museum (Stuhr Museum Board of Hall County). Gary Mader, Utilities Director, reported that 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, was required in order to install, upgrade, maintain and repair power appurtenances, including lines and transformers. No public testimony was heard. Public Hearing on Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Part of the NE¼, SE¼, Section 14-11-10). Steve Riehle, Public Works Director, reported that Page 2, City Council Regular Meeting, January 8, 2002 acquisition of a utility easement located in part of the NE1/4, SE1/4, Section 14-11-10 along the north edge of Potash Subdivision, was required in order to have access to install, upgrade, maintain, and repair sanitary sewer main and appurtenances. This easement would be used for installation of Sanitary Sewer District 493. No public testimony was heard. Public Hearing on Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Part of the SW¼, SE¼ Section 14-11-10. Steve Riehle, Public Works Director, reported that acquisition of a utility easement located in part of the SW1/4, SE1/4, Section 14-11-10 along the west edge of Potash Subdivision, was required in order to have access to install, upgrade, maintain and repair sanitary sewer main and appurtenances. This easement would be used for installation of Sanitary Sewer District 493. No public testimony was heard. Public Hearing on Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Lot 51, Potash Subdivision. Steve Riehle, Public Works Director, reported that acquisition of a utility easement located in Lot 51, Potash Subdivision was required in order to have access to install, up grade, maintain and repair sanitary sewer main and appurtenances. This easement would be used for installation of Sanitary Sewer District 493. No public testimony was heard. Public Hearing on Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Lot 17, Potash Subdivision. Steve Riehle, Public Works Director, reported that acquisition of a utility easement located in Lot 17, Potash Subdivision was required in order to have access to install, upgrade, maintain and repair sanitary sewer main and appurtenances. This easement would be used for installation of Sanitary Sewer District 493. No public testimony was heard. ORDINANCES: Councilmember Sorensen moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8709 – Consideration of Vacating Utility Easement Located in the North 4’ of Lot 4, Block 3, Dickey Second Subdivision (Marc and Marnie Sundermeier) #8710 – Consideration of Creating Sanitary Sewer District #504, Dale Roush Subdivision and Dale Roush 2nd Subdivision #8711 – Consideration of Vacating Utility Easement Located in Lot 10 and Lot 11, Commercial Industrial Park Subdivision 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 their first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in this ordinance? Bart Benson, 220 North Cherokee Avenue spoke in opposition to Ordinance #8710. Steve Riehle, Public Works Director, explained the process of the protest period and the costs associated with this district. No further public testimony was heard. Page 3, City Council Regular Meeting, January 8, 2002 City Clerk: Ordinances #8709, #8710 and #8711 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. City Clerk: Ordinance #8709, #8710 and #8711 on final passage. All those in favor of the passage of these ordinances 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, Ordinances #8709, #8710 and #8711 are declared to be lawfully passed and adopted upon publication as required by law. Motion was made by Sorensen to refer Ordinance #8712 to a Study Session. Second by Larson. #8712 – Consideration of Restricting Fire Arms Within Certain Areas of the Zoning Jurisdiction Charlie Cuypers, City Attorney, reported that during the past several years, the City had received an increasing number of complaints concerning persons discharging firearms close enough to structures to cause the property to be struck by falling pellets. While most of the complaints had come from hunting activities in the fields south of Stolley Park Road and west of US Highway 281, there had been complaints made concerning deer hunters shooting along the Wood River east of Shady Bend Road and shotgun discharges immediately south of Rainbow Lake. Mr. Cuypers stated that 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. Councilmember Larson was concerned about those people who had invested in building blinds and having to move them and felt this issue needed to go to a study session. Steve Dowding, 4608 Tara Place, spoke in opposition stating the differences between State Statutes and City Code. Also mentioned was the investments of the blinds which are currently within the state statutes regulations. Mr. Dowding stated that the Ordinance provides no exceptions for landowners hunting on their own land and suggested more consideration before this issues was passed. Doug Axford, 318 Pheasant Drive; Tom Atkins, 4823 South North Road; Loren Greenwalt, 2920 North St. Paul Road and John Hoffman, 2319 East Stolley Park Road, all spoke in opposition. Upon roll call vote to table this matter to a study session, Countilmembers Pielstick, Larson, Seifert, Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmember Ward voted no. Motion adopted. CONSENT AGENDA: Motion by Pielstick, second by Ward, carried unanimously to approve the Consent Agenda. Page 4, City Council Regular Meeting, January 8, 2002 Approving Minutes of December 18, 2001 City Council Regular Meeting. #2002-1 – Approving Acquisition of Utility Easement Located at 3358 West Old Highway 30 (Plaza Square Development, L.L.C.) #2002-2 – Approving Acquisition of Utility Easement Located Along the East Property Line of Stuhr Museum (Stuhr Museum Board of Hall County). #2002-3 – Approving Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Part of the NE¼, SE¼, Section 14-11-10. #2002-4 – Approving Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Part of the SW¼, SE¼, Section 14-11-10. #2002-5 – Approving Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Lot 51, Potash Subdivision. #2002-6 – Approving Acquisition of Utility Easement for Sanitary Sewer District #493 Located in Lot 17, Potash Subdivision. #2002-7 – Approving Change Order #1 for Engineering Services to the Corrosion Control Study with CH2MHill, with an Increase of $400.00 for an Adjusted Contract Amount of $19,800.00. Countilmember Pielstick voted no. #2002-8 – Approving Change Order #1 for the Water System Engineering Evaluation with CH2MHill, with an Increase of $2,100.00 for an Adjusted Contract Amount of $131,630.00. Councilmember Pielstick voted no. #2002-9 – Approving Deferral of Assessment, Sanitary Sewer District #493 for Agricultural Property for Eric Pollock, Rudolf F. Plate and T & E Cattle Company. #2002-10 – Approving Change Order #1 to the Contract with Diamond Engineering for Street Improve ment District #1237, Wortman Drive, with an Increase of $14,200.75 for an Adjusted Contract Amount of $363,063.98. Councilmember Pielstick voted no. #2002-11 – Approving Lease Agreement with Hall County Historical Society for the Use of the Burlington Depot as a Satellite Police Station. #2002-12 – Approving Funding for Household Hazardous Waste Collection Day in the Amount of $3,000.00. REQUESTS AND REFERRALS : Request of Lupercio Lopez-Deleon, 224 South Sycamore Street for Taxi Cab Company Permit for Taxi Latino. This item was pulled from the agenda. Page 5, City Council Regular Meeting, January 8, 2002 PAYMENT OF CLAIMS: Motion by Whitesides, second by Sorensen, carried unanimously to approve 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. Motion was made by Whitesides to amend the motion to exclude claim 115563 to Dick Hartman in the amount of $100,000 for a total amount of $102,513.45. Second by Hornady. Motion was adopted unanimously. EXECUTIVE SESSION: Motion by Pielstick, second by Hornady, carried unanimously to adjourn to executive session at 7:55 p.m. for the purpose of discussing pending litigation. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Hornady, carried unanimously to reconvene in regular session at 8:25 p.m. Consideration of the Dick Hartman Claim: Motion was made by Whitesides to deny Claim #115563 to Dick Hartman in the amount of $100,000.00 with the reason that frivolous claims would not be tolerated by the Council and that this claim be appealed to a higher court. Second by Walker. Upon roll call vote the Council unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:30 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Minutes of January 15, 2002 City Council Special Meeting The Minutes of January 15, 2002 City Council Special Meeting are submitted for approval. See attached MINUTES. Tuesday, January 22, 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 SPECIAL MEETING January 15, 2002 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 January 15, 2002. Notice of the meeting was given in the Grand Island Independent on January 11, 2002. Mayor Ken Gnadt called the meeting to order at 6:00 p.m. The following members were present: Councilmembers Pielstick, Seifert, Larson, Hornady, Whitesides, Haase, Murray and Sorensen. Councilmember Ward and Walker were absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director David Springer and City Attorney Charlie Cuypers. EXECUTIVE SESSION: Motion by Hornady, second by Whitesides, carried unanimously to adjourn to executive session at 6:00 p.m. for the purpose of discussing property acquisition. RETURN TO REGULAR SESSION: Motio n by Hornady, second by Pielstick, carried unanimously to reconvene in regular session at 6:50 p.m. ADJOURNMENT: Adjourn the meeting at 6:50 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Minutes of January 15, 2002 City Council Study Session The Minutes of the January 15, 2002 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, January 22, 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 STUDY SESSION January 15, 2002 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on January 15, 2002. Notice of the meeting was given in the Grand Island Independent on January 9, 2002. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Seifert, Larson, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. Councilmember Ward was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Charlie Cuypers and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said. Mike Toukan said a few words about the South Locust Project and their committee. Presentation by Zoo Reuse Committee. Steve Paustian, Parks and Recreation Director, reported that in early September of 2001 Mayor Gnadt appointed a group of interested citizens to assist the Parks and Recreation Department in the development of a reuse plan for the former Zoo site. Introduced were the members of the Zoo Site Reuse Committee: Tom Gdowski, Leslie Neuhaus, Jim Hruskoci, Gloria Wolbach, Mackenzie Cochran and Luke McMahan. Council representative was Gale Larson, Parks and Recreation Director Steve Paustian and City Administrator Marlan Ferguson. Tom Gdowski from the Zoo Site Reuse Committee presented recommendations for the use of the Heritage Zoo site by reviewing the existing zoo site and gathering public input. The following recommendations were made. 1.) Theme playground – designed, funded and built by the public $150,000 - $200,00 2.) Refurbish Train/Tracks – train rides $80,000 - $100,000 3.) Refrigerated Ice Rink – leisure skating, ice hockey and summer roller hockey $300,000 - $500,000 4.) Arboretum – shrubs and flowering shrubs for the central part of the zoo $25,000 - $50,000 5.) Outdoor Pavilion – people could rent out and use for family outings $100,000 Three Year Plan: Year One Theme Playground and Train Ride $250,000 - $300,000 Year Two Outdoor Pavilion and Arboretum $125,000 - $150,000 Year Three Ice Rink $300,000 - $500,000 Page 2, City Council Study Session, January 15, 2002 Councilmember Larson stated that the next step in the process would be to take this issue to a regular city council meeting with a proposal to accept this report and to proceed with the project. The Council thanked the committee for the time spent on this report. Herb Worthington, 4262 Pennsylvania Avenue, spoke about the community helping build the theme playground and the time frame involved. Gloria Wolbach, 2617 Apache Road and Jim Hruskoci, 6280 South Engleman Road, spoke in support of the theme playground. Tom O’Neill, 804 West Stolley Park Road, spoke in favor of the project and completing it in phases. John Luna, 712 East 8th Street, spoke in support of the project and suggested an enclosed pavilion. Discussion of Possible Improvements to L.E. Ray Lake. Steve Paustian, Parks and Recreation Director, reported that in 1994 Council authorized Olsson Associates to develop a plan for the enhancement of L.E. Ray Lake. The enhancements included camping facilities, asphalt roadways, infrastructure to serve the campgrounds, area lighting, a boat dock and boat ramp, hiking trail and a bridge connection to the small Island located in the west end of the lake. In 1994 the total project cost was estimated to be $815,000.00. This topic will be brought up at the City Council retreat. Councilmember Murray stated that he felt now was the time to work on this project. Mayor Gnadt stated that the daughter of L.E. Ray preferred that there be no overnight camping. Councilmember Larson stated that there currently is a need for over night camping in our community. Councilmember Seifert spoke about handicapped boat docks from the Games and Parks Commission through grants. Discussion Concerning Former City Hall. Marlan Ferguson, City Administrator, reported that the redevelopment and or disposal of the former City Hall building had been ongoing since it was vacated by the City in 1993. Several attempts at obtaining developers had failed for various reasons and the building continues to remain empty and deteriorating. The latest redevelopment plan became null and void with a successful remonstrance on the sale of the property. Mr. Ferguson stated that no sale can take place for 12 months from the date of the remonstrance. It was staff’s position that a plan be put in place so that a plan could be instituted as soon as possible. The asbestos removal and partial interior demolishing plan is currently under way. Mr. Ferguson mentioned that the Community Redevelopment Authority (CRA) is interested in partnering with the City to work on a plan to go out for requests for proposals for redevelopment of Old City Hall. The intent by the City was the restoration of former City Hall. The proposal is to partnership with CRA to get a developer on line so that work can begin this fall. Councilmember Pielstick spoke concerning not tearing down Old City Hall and recouping the costs of the asbestos removal. Councilmember Haase questioned the Tax Increment Financing (TIF). Mr. Ferguson explained the process of TIF. Councilmember Murray stated he would prefer that a private developer obtain the building and get it back on the tax rolls. Tim O’Neill, 1203 South Sylvan Street, stated the contract that the City had entered into was what he was against. Mr. O’Neill felt that this needed to be sold by a professional real estate Page 3, City Council Study Session, January 15, 2002 agent. Tom O’Neill, 804 West Stolley Park Road, recommended the City either remodel the building the way they want or sell it. John Luna, 712 East 8th Street, commented that the City needed to have an appraisal for the building. Mr. Luna recommended Robert Wilson from Omaha to be the most qualified person to appraise the building. He suggested that the City keep the building, remodel it and use it for expansion of the current City Hall. Councilmember Haase asked if the building had ever been appraised. Mr. Ferguson stated that to his knowledge it had not. Ms. Haase suggested that this be done. Councilmember Murray supported an appraisal if it would help the comfort level of the citizens of Grand Island. Councilmember Whitesides suggested that we move forward with the CRA proposal. Mike Toukan, business owner at 818 South Locust Street, spoke in support of the City partnering with CRA and careful planning between the private and public sector for the best use in downtown. Discussion of Salary Increases for City Council and Mayor. Marlan Ferguson, City Administrator, reported that this item was on the December 18, 2001 City Council Agenda and was tabled for a Study Session. The proposal was to increase the City Council salary from $5,000 per year to $8,000 per year and increase the Mayor's salary from $12,000 per year to $18,000 per year. Councilmember Whitesides spoke on the value of time and effort and quality of persons holding office. He spoke about the per capita amount of other cities and where Grand Island falls in that array. Councilmember Pielstick questioned the amount of raise for the Mayor’s position. Councilmember Whitesides stated he brought the figures forward and that the Mayor was worth half of what the County Supervisors make. Councilmember Walker asked if the Mayor’s job was a full time job. Mayor Gnadt stated that it is not a full time job, but being retired he had the time to spend on City issues. Councilmember Murray stated that there had not been many candidates filing for City Council positions and felt that the salary was the reason. Councilmember Sorensen stated that cost-of- living should be included. Councilmember Hornady stated that she had a hard time raising the Councils salary because of the increase to the taxpayers. Councilmember Larson stated that an argument could be made due to the fact that this was an elected position and the candidates had to spend out-of-pocket money to get elected to office, but felt that the Council was adequately paid. Councilmember Pielstick requested that this item be brought back to the Council at the next regular meeting with a $1,000 raise and a cost-of-living increase for the City Council and Mayor. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G5 Approving Conditional Use Permit For Construction of a Telecommunication Tower at 3703 West Capital Avenue This item relates to the aforementioned Public Hearing. David Cunningham representing Airgate Wireless Inc., has submitted an application with the City Clerk’s Office for a Conditional Use Permit for the construction of a 170 foot telecommunication tower located at 3703 West Capital Avenue. This request has been reviewed by the Building, Legal, Utilities, Planning and Public Works Departments. Approval is recommended. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Craig Lewis Council.Now - WindStone Inc. Item G6 Approving Request of Michael C. Jordan, 2719 Stewart Drive, for Liquor Manager Designation for Nebraska Steak Company, dba Whiskey Creek Steakhouse, 3537 West 13th Street Michael C. Jordan, 2719 Stewart Drive, representing Nebraska Steak Company, dba Whiskey Creek Steakhouse, 3537 West 13th Street, has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with the Class "I-39333" Liquor License. This application has been reviewed by the Police Department and the City Clerk's Office. Approval is recommended. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item G7 #2002-13 - Approving Acquisition of Utility Easement - Mid- Country Trading, L.L.C. This item relates to the aforementioned Public Hearing. Acquisition of a utility easement relative to the property of Mid-Country Trading, L.L.C., located east and west of Whiskey Creek Steakhouse on Lot One (1), Park Island Square 5th Subdivision, 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 high voltage underground cable to serve the new strip mall immediately south of Whiskey Creek. Approval is recommended. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. UTILITY EASEMENT INDICATES 20' WIDE EXHIBIT "A" TRACT # 2 TRACT # 1 LEGEND Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-13 WHEREAS, a public utility easement is required by the City of Grand Island, from Mid- Country Trading, 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 22, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1) Park Island Square Fifth Subdivision in the city of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility easements and rights-of-way being more particularly described as follows: Tract No. 1: Beginning at the northwest corner of Lot Four (4) Crane Valley Fourth Subdivision; thence westerly along a southerly line of Lot One (1) Park Island Square Fifth Subdivision, a distance of twelve and nineteen hundredths (12.19) feet; thence northwesterly, a distance of fifty seven and sixty eight hundredths (57.68) feet to a point on a north-south property line of said Lot One (1) Park Island Square Fifth Subdivision; thence northerly along a north-south property line of said Lot One (1) Park Island Square Fifth Subdivision, a distance of seventeen and forty five hundredths (17.45) feet to a property corner of said Lot One (1) Park Island Square Fifth Subdivision; thence easterly parallel with the southerly line of said Lot One (1) Park Island Square Fifth Subdivision, a distance of eleven and ninety five hundredths (11.95) feet; thence southeasterly, a distance of seventy eight and ninety five hundredths (78.95) feet to a point on the southerly line of said Lot One (1) Park Island Square Fifth Subdivision; thence westerly along the southerly line of said Lot One (1) Park Island Square Fifth Subdivision, a distance of twelve and nineteen hundredths (12.19) feet to the point of beginning. Tract No. 2: The easterly twenty (20.0) feet of the westerly one hundred sixteen (116.0) feet of the southerly forty one and fourteen hundredths (41.14) feet of Lot One (1) Park Island Square Fifth Subdivision. The above-described easements and rights-of-way containing a combined total of 0.053 acres, more or less as shown on the plat dated December 19, 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 Mid-Country Trading, 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 22, 2002. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney _______________________________________ RaNae Edwards, City Clerk Item G8 #2002-14 - Approving Acquisition of Utility Easement - Midland Ag Services, Inc. This item relates to the aforementioned Public Hearing. Acquisition of a utility easement relative to the property of Midland Ag Services, Inc., located west of Gunbarrel Road, 1/4 mile south of Capital Avenue, specifically in the SE 1/4 of the NE 1/4 of Section 12, T-11-N, R-9-W, 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 new underground primary cable and single phase pad mounted transformer to serve a new home. Approval is recommended. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. EXHIBIT "A" CAPITAL AVE.GUNBARREL ROADPART O F SE 1/4, N E 1/4 SEC. 1 2, T- 1 1- N, R- 9- W LEGEND Approved as to Form ¤_______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-14 WHEREAS, a public utility easement is required by the City of Grand Island, from Midland Ag Services, Inc., a Nebraska corporation, to install, upgrade, maintain, and repair power appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on January 22, 2002, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4), Section Twelve (12), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Beginning at a point on the westerly right-of-way line of Gunbarrel Road, being five hundred twenty five (525.0) feet north and forty (40.0) feet west of the southeast corner of the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Twelve (12), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska; thence N52º24'38"W, a distance of nine hundred seventy eight (978.0) feet. The above-described easement and right-of-way containing a total of 0.449 acres, more or less as shown on the plat dated December 13, 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 Midland Ag Services, Inc., a Nebraska corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2002. _______________________________________ RaNae Edwards, City Clerk Item G9 #2002-15 - Approving Gas Facilities Agreement with Kinder Morgan The natural gas supply for the Burdick Station Power Plant is from the regional gas transmission pipeline system. That transmission system is owned by Kinder Morgan Interstate Gas Transmission L.L.C. (KM), and is the only source of high-pressure transmission gas supply in the Grand Island area. The addition of generating units requires that the natural gas supply facilities at Burdick be modified. Utilities Staff and our consultants, Sargent and Lundy, have discussed and evaluated this matter with Kinder Morgan. At present, there are three separate gas metering and regulating stations at the plant. All existing piping and equipment is owned by KM. The stations were built over time as generating units were added. KM proposed two approaches to modifying the existing system. 1) Add a fourth gas regulating and metering station for the new units at an estimated price of $350,000. KM would own the new station, as it owns the existing stations. 2) Build a new Master Metering Station (MMS), without regulation function, at the plant boundary and at an estimated cost of $250,000 and turn the existing on-site piping and regulating stations over to the City for $10.00. The Utilities Department recommends that the City take ownership of the site facilities as proposed in option two. The regulation function for the new CT’s was incorporated into the Fuel Gas Conditioning System Contract for $30,566. That contract was awarded in September 2001. Additionally, City ownership of the on-site gas piping reduces the complexity of providing connection to a second transmission line in the future if the City would opt to do so. There is a large, high-pressure line in the region, just south of Hastings. The Facilities Interconnection Agreement has been reviewed by the Legal Department. It is the recommendation of the Utilities Department that the Facilities Interconnection Agreement with Kinder Morgan be approved with the expenditure of an estimated $245,010 Tuesday, January 22, 2002 Council Session City of Grand Island Council.Now - WindStone Inc. for the new MMS and purchase of the on-site KM facilities, from Electric Fund 520 project bond proceeds. See attached RESOLUTION. Staff Contact: Gary R. Mader Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-15 WHEREAS, the natural gas supply for the Burdick Station Power Plant is from the regional gas transmission pipeline system which is owned by Kinder Morgan Interstate Gas Transmission LLC; and WHEREAS, in conjunction with the installation of additional generating units at Burdick Station, modifications to the natural gas supply facilities will be required; and WHEREAS, after discussions between Utilities staff, project consultants, Sargent & Lundy, and Kinder Morgan, it was recommended that a new Master Metering System at the Burdick Station Power Plant boundary be built at an estimated cost of $250,000, with the City purchasing the existing on- site piping and regulating stations for an additional $10.00; and WHEREAS, it is necessary to enter into a Facilities Interconnection Agreement to proceed with such project; and WHEREAS, the proposed Facilities Interconnection Agreement has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that it is hereby approved to build a Master Metering Station at the Burdick Station Power Plant boundary at an estimated cost of $250,000, with the existing on-site piping and regulating stations to be turned over to the City for $10.00 in accordance with the Facilities Interconnection Agreement. BE IT FURTHER RESOLVED, that the Facilities Interconnection Agreement by and between the City and Kinder Morgan Interstate Gas Transmission LLC, a Colorado limited liability company, is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G10 #2002-16 - Awarding Bid for 2002 Truck with Telescopic Aerial Platform Bid packages were mailed to six potential bidders, both local and national, and advertised in the Grand Island Independent on December 13, 2001. Bid opening date was January 3, 2002. There were three bids received of which two were “no bid” (Teague Equipment Company and Altec). The bid received was from Drake-Scruggs Equipment, Inc., from Grandview, Missouri. The bid price was $85,258.00. Although exceptions were noted, they are acceptable to the Utilities Department. The bid is for a replacement truck for the Electric Line Division. The replaced truck has over 83,000 miles on the odometer plus many hours of run time while operating the bucket. It is the recommendation of the Utilities Department that the “truck with telescopic aerial platform” be awarded to Drake-Scruggs Equipment Company of Grandview, Missouri in the amount of $85,258.00. Funds have been budgeted from Fund 520 for this budget year. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-16 WHEREAS, the City of Grand Island invited sealed bids for 2002 Truck Complete Unit with Telescopic Aerial Platform and Chassis for the Line Division of the Utilities Department, according to plans and specifications on file at with the Purchasing Division of the Legal Department; and WHEREAS, on January 3, 2002, one bid was received, opened and reviewed; and WHEREAS, Drake-Scruggs Equipment, Inc. of Grandview, Missouri, 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 $85,258; and WHEREAS, Drake-Scruggs Equipment, Inc.'s bid is less than the engineer’s estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Drake-Scruggs Equipment, Inc. of Grandview, Missouri, in the amount of $85,258 for one 2002 truck complete unit with telescopic aerial platform and chassis is hereby approved as the lowest responsive bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G11 #2002-17 - Awarding Bid for 125VDC Battery System Replacement- Platte Generating Station - Utilities Department The plant electric power system at the Platte Generating Station includes a DC backup power supply that provides emergency power to critical motors and other equipment. The source of energy for this DC system is a battery bank. These are the original batteries installed in 1981, and have reached the end of their expected life. To ensure reliability for this critical system, specifications were developed for replacing the battery system, and issued in accordance with City purchasing procedures. Specifications for the replacement of the battery system were sent out to two bidders. A response was received from only one bidder. The bid price below includes 5.5% sales tax. The engineer’s estimate for this project was $75,000.00. Ash Battery Systems, Inc from Omaha, N $ 64,362.45 Department engineering staff reviewed the bids for compliance with the City’s detailed specifications. This bid meets all the requirements of the technical specification with no exceptions. It is the recommendation of the Utilities Department that Ash Battery Systems from Omaha, NE be awarded the contract for this work in the amount of $64,362.45 from Electric Fund 520. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-17 WHEREAS, the City of Grand Island invited sealed bids for PGS 125VDC Battery System Replacement for the Platte Generating Station, according to plans and specifications on file at the Platte Generating Station; and WHEREAS, on January 10, 2002, one bid was received, opened and reviewed; and WHEREAS, Ash Battery Systems, Inc. of Omaha, 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 $64,362.45; and WHEREAS, Ash Battery Systems, Inc.'s bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Ash Battery Systems, Inc. of Omaha, Nebraska, in the amount of $64,362.45 for 125 VDC battery system replacement is hereby approved as the lowest responsive bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G12 #2002-18 - Approving Engineering Services for Pump Replacement - Platte River Pumping Station With the completion of the Water System Master Plan, it is the recommendation of the Utilities Department that the City proceed with the system improvement needs identified in that report, starting with the Platte River Pumping Station. The Platte River Pumping Station moves the water supplied by the 21 wells at the well field to the in-town storage reservoirs. There are three split case centrifugal pumps at the station. The largest of those three pumps has developed a casing leak, and upon investigation, it was found that the pump casing is severely worn and eroded on the interior. The pump is currently in standby status, for emergency operation only. The Water System Master Plan identified the need to add additional water storage and high pressure pumping capacity to continue to meet City growth. High pressure pumping capacity was last expanded in 1990, and since that time several high-pressure wells have been lost. The capital plan included addition of reservoir storage and pumping capacity at the existing Rogers Reservoir site in 2005. The increased storage and high pressure pumping capacity will require additional water from the well field, and expansion of facilities there too. Rather than replace the failed pump at the well field with a duplicate unit, the Department believes that the most cost effective approach would be to design and add pumping capacity for the projected increased need, at this time. Planning for the increased pumping need will require re-design of the hydraulics, surge analysis, electric supply upgrades, and possible piping modifications. In accordance with the RFP from which CH2MHill was selected for the Water System Engineering work, that firm has provided a price of $58,109 for the engineering services for this project. Utilities Department Staff has reviewed the engineer’s proposal. It is the recommendation of the Utilities Department that CH2MHill be authorized to proceed with the engineering work required to replace the failed Platte River Pumping Station pump with a unit which will provide for the projected need for increased capacity from that station. There are sufficient funds budgeted in Water Fund 525. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-18 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, the recently completed Water System Master Plan indicates a large pump at the Platte River Pumping Station is in need of replacement; and WHEREAS, this pump would have needed to be redesigned and replaced in the near future to provide for the additional water storage and high pressure pumping capacity necessary to meet City growth; and WHEREAS, the most cost effective approach to accomplish this system upgrade is to design and add pumping capacity for the projected increased need at this time; and WHEREAS, based on CH2M Hill's knowledge and experience with the municipal water system, it is recommended that CH2M Hill be authorized to proceed with the engineering work for a project to replace the failed Platte River Pumping Station pump with a unit which will provide for the projected need for increased capacity at that station; and WHEREAS, CH2M Hill has agreed to provide engineering services for this phase of the project for $58,109; and WHEREAS, the City Attorney's office has reviewed and approved the contract for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that CH2M Hill is hereby authorized to complete engineering work to replace the failed Platte River Pumping Station pump with a unit which will provide for projected future increased water storage and high pressure pumping capacity needs for the amount of $58,109. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney ____________________________________ RaNae Edwards, City Clerk Item G13 #2002-19 - Awarding Bid for Utility Poles for George Park Ball Field Lighting The Parks and Recreation Department solicited bids for twelve utility poles. Bids received ranged from $17,756.00 to $22,180.00. The engineers estimate was $20,000.00. The low responsible bidder was Ensley Electric Services, Inc. of Grand Island, in the amount of $17,756.00. Funds for this purchase are available in account number 400.03.40019.05608. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-19 WHEREAS, the City of Grand Island invited sealed bids for Utility Poles for George Park Ball Field, according to plans and specifications on file at the Parks and Recreation Department office; and WHEREAS, on January 2, 2002, bids were received, opened and reviewed; and WHEREAS, Ensley Electrical Services, Inc. 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 $17,756; and WHEREAS, Ensley Electrical Services, Inc.'s bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Ensley Electrical Services, Inc. of Grand Island, Nebraska, in the amount of $17,756 for utility poles for George Park ball field is hereby approved as the lowest responsive bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G14 #2002-20 - Awarding Bid for 2002 Chevrolet 3/4 Ton Pickup with Utility Box The Park and Recreation Department, Park Maintenance Division, has submitted a request for awarding a State Contract bid for one 2002 3/4 ton pickup truck with utility box. The low bid was submitted by Husker Auto Group, Lincoln, NE in the amount of $24,755.70. There are sufficient funds for this purchase in account number 100.44403-85625. The budgeted estimate was $25,000.00. It is recommended that the bid be awarded to Husker Auto Group, Lincoln, NE in the amount of $24,755.70. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-20 WHEREAS, the Parks and Recreation Department is scheduled to purchase a vehicle during the 2002/2003 fiscal year; and WHEREAS, said vehicle can be obtained from the State contract holder; and WHEREAS, purchasing the vehicle from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in their 2002/2003 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2002 ¾ ton pickup truck with utility box from the State contract holder, Husker Auto Group of Lincoln, Nebraska, for the total amount of $24,755.70 is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G15 #2002-21 - Awarding Bid for Swimming Pool Chemical Purchase The Parks and Recreation Department has submitted a request for awarding a bid for swimming pool chemicals. The low bid was submitted by Aqua-Chem, Inc., Bellevue, NE. The low bid is based on unit price and product useage. The final cost will be know upon the completion of the swimming season. In the 2001-02 Budget $13,000 has been budgeted for this expense in account number 100.40.145.425.2.85535. It is recommended that the bid be awarded to Aqua-Chem, Inc., Bellevue, NE. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-21 WHEREAS, the City of Grand Island invited sealed bids for Swimming Pool Chemicals, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on December 6, 2001, bids were received, opened and reviewed; and WHEREAS, Aqua-Chem, Inc. of Bellevue, 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 following unit prices; and Cyanuric Acid $ .80/pound Calcium Hypocholorite 1.05/pound Sodium Hypochlorite .88/gallon Hydrochloric Acid 1.08/gallon WHEREAS, Aqua-Chem, Inc.'s bid is less than the engineer’s estimate for such chemicals. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Aqua-Chem, Inc. of Bellevue, Nebraska, for swimming pool chemicals for the unit prices listed above is hereby approved as the lowest responsive bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G16 #2002-22 - Approving Proposal for Aquatic Facilities Soft Drink Supplier The Parks and Recreation Department has submitted a request to enter into a contract agreement for a aquatic facility soft drink supplier. Coca Cola Enterprises and Pepsi Bottling Group of Grand Island submitted proposals for aquatic facility soft drink supplier. The recommended proposal was submitted by Coca Cola Enterprises based on $16,500 for cash sponsorship and promotion. Soft drink service has been accounted for in the 2001-02 budget. It is recommended that the contract with Coca Cola Enterprises of Grand Island, NE be approved. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-22 WHEREAS, the City of Grand Island invited proposals for soft drink services at aquatic facilities, according to the City's Request for Proposals on file in the Parks and Recreation Department; and WHEREAS, proposals were due on December 6, 2001; and WHEREAS, Coca Cola Enterprises of Grand Island, Nebraska, submitted a proposal in accordance with the terms of the advertisement for proposals and the plans and specifications and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Coca Cola Enterprises of Grand Island, Nebraska for soft drink services at aquatic facilities is hereby approved. BE IT FURTHER RESOLVED, that a contract by and between the city and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G17 #2002-23 - Contract Award for Design/Build Park Maintenance Building The Park and Recreation Department, Park Maintenance Division, has submitted a request for awarding a contract for a Park Maintenance Building. Four bids were received ranging from $299,990.00 to $358,000.00. The low bid was submitted by Chief Construction of Grand Island in the amount of $299,990.00. There are sufficient funds for this purchase in account number 400.03.40093.05608. The engineers estimate was $450,000.00. It is recommended that the bid be awarded to Chief Construction in the amount of $299,990.00. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤_______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-23 WHEREAS, the City of Grand Island invited proposals for design/build services for Park Maintenance Building, according to plans and Request for Proposals on file with the Parks and Recreation Department; and WHEREAS, proposals were due on January 15, 2002; and WHEREAS, Chief Construction Company of Grand Island, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein; such proposal being in the amount of $299,990. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Chief Construction Company of Grand Island, Nebraska for design/build services for Park Maintenance Building in the amount of $299,990 is hereby approved as the best proposal received. BE IT FURTHER RESOLVED, that a contract by and between the city and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G18 #2002-24 - Approving Adoption of the 2002 Grand Island Zoning Map This item relates to the aforementioned Public Hearing. This item is to re-adopt the City of Grand Island Zoning Map, with proposed changes as produced using the Hall County Geographic Information System. This map will give notice to all parties of the zoning districts, Grand Island City Limits, and 2 mile extraterritorial jurisdiction are as shown on the map. At the January 9, 2002 meeting of the Regional Planning Commission, they voted to approve and recommend that Grand Island approve and re-adopt the Grand Island Zoning map with the recommended changes. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-24 WHEREAS, an "Official Zoning Map" was developed and is maintained in accordance with Section 36-7 of the Grand Island City Code which establishes the location, size, shape and boundaries of the zones approved by the Grand Island City Council for the enforcement of zoning regulations as provided by the city code; and WHEREAS, amendments to the Official Zoning Map are made on a regular basis to incorporate changes to the zoning designations of land, changes to the boundaries and zoning jurisdiction of the city due to the subdivision and annexation of land, etc.; and WHEREAS, it has been suggested that the Official Zoning Map be ratified, affirmed, readopted and published on an annual basis; and WHEREAS, on January 9, 2002, the Regional Planning Commission approved the ratification, affirmation, re-adoption and publication of the Official Zoning Map; and WHEREAS, a public hearing was held on January 22, 2002, to hear discussion on the proposed ratification, affirmation, re-adoption and publication of such official zoning map. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Official Zoning Map printed on January 1, 2002 and certified by the City Clerk, is hereby ratified, affirmed, adopted, and published. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G19 #2002-25 - Approving Final Plat of CSG Subdivision Clark Gauthier & Stephanie Gauthier, Trustees, have submitted the final plat for CSG Subdivision, located North of 4th Street and East of Locust Street, in the City of Grand Island. This plat proposes to resubdivide all of lot 5, block 31, Original Town of Grand Island into 2 lots. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of January 9, 2002, unanimously voted to waive the main lot area requirements, and recommend approval. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-25 WHEREAS, Clark A. Gauthier, Trustee of the Clark A. Gauthier Living Revocable Trust, and Stephanie R. Gauthier, Trustee of the Stephanie R. Gauthier Living Revocable Trust, as owners, have caused to be laid out into lots, a tract of land comprising all of Lot Five (5), Block Thirty One (31), Original Town of Grand Island, Hall County, Nebraska, under the name of CSG SUBDIVISION, and have caused a plat thereof to be acknowledged by them; and WHEREAS, such subdivision was approved by the Regional Planning Commission on January 9, 2002; and WHEREAS, a copy of the plat of such subdivision has been presented to the Board of Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19- 923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owners and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of CSG SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G20 #2002-26 - Approving Final Plat of Luzenac 2nd Subdivision Luzenac America, Inc., owners, have submitted the final plat for Luzenac 2nd Subdivision, located South of Highway 30, North of the Burlington Northern Railroad Tracks, and West of Stuhr Road, in the City of Grand Island. This plat proposes to develop 2 lots on a parcel of land comprising of lot 2 Luzenac Subdivision and part of the W 1/2 of the NE 1/4 of Section 15, Township 11, Range 9. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of January 9, 2002, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-26 WHEREAS, Luzenac America, Inc., a Delaware corporation, and Omaha Paper Stock Company, Inc., a Nebraska corporation, as owners, have caused to be laid out into lots, a tract of land comprising all of Lot Two (2), Luzenac Subdivision, and a part of the West Half of the Northeast Quarter (W1/2, NE1/4) of Section Fifteen (15), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the city of Grand Island, Hall County, Nebraska, under the name of LUZENAC SECOND SUBDIVISION, and have caused a plat thereof to be acknowledged by them; and WHEREAS, such subdivision was approved by the Regional Planning Commission on January 9, 2002; and WHEREAS, a copy of the plat of such subdivision has been presented to the Board of Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19- 923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owners and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LUZENAC SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G21 #2002-27 - Approving Final Plat of Starostka Subdivision L & P Investments, LLC., owners, have submitted the final plat for Starostka Subdivision, located north of Old Highway 30, and west of Industrial Lane, in the City of Grand Island. This plat proposes to develop 7 lots on a parcel of land consisting of Lot 11, and part of lot 10 Commercial Industrial Park. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of January 9, 2002, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-27 WHEREAS, L & P Investments, L.L.C., a limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising all of Lot Eleven (11) and part of Lot Ten (10) of the Commercial Industrial Park Subdivision of part of Block One (1), Nelsen Subdivision in the city of Grand Island, Hall County, Nebraska, under the name of STAROSTKA SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, such subdivision was approved by the Regional Planning Commission on January 9, 2002; and WHEREAS, a copy of the plat of such subdivision has been presented to the Board of Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19- 923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of STAROSTKA SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G22 #2002-28 - Approving Final Plat of Sweley Subdivision Mark Sweley, owner, has submitted the final plat for Sweley Subdivision, located north of A Road, and east of Gunbarrel Road, in Merrick County, Nebraska. This plat proposes to shift the existing lot lines between two parcels on a 20 acre unplatted tract of land located in the S1/2 of the SE1/4 of the SE1/4 of Section 7, Township 11, Range 8. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of January 9, 2002, unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-28 WHEREAS, Gerald D. Sweley and Emma J. Sweley, husband and wife, and Mark A. Sweley, a single person, as owners, have caused to be laid out into a lot, a tract of land comprising a part of Lot Three (3), Island, situated in the South Half of the Southeast Quarter of the Southwest Quarter (S1/2, SE1/4, SW1/4) of Section Seven (7), Township Eleven (11) North, Range Eight (8) West of the 6th P.M. in Merrick County, Nebraska, under the name of SWELEY SUBDIVISION, and have caused a plat thereof to be acknowledged by them; and WHEREAS, such subdivision was approved by the Regional Planning Commission on January 9, 2002; and WHEREAS, a copy of the plat of such subdivision has been presented to the Board of Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19- 923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owners and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SWELEY SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G23 #2002-29 - Approving Contract 2002-AM-1 For Aerial Photography and Aerial Mapping The Hall County GIS Committee, Grand Island Utilities Department, and Grand Island Public Works Department, have submitted a request for awarding a bid for Contract 2002- AM-1. Five bids were received ranging from $132,744.90 to $$205,035.00. The low bid was submitted by Surdex 520 Spirit of St. Louis Boulevard Chesterfield, MO 63005 in the amount of $132,744.90. The City Utilities Department’s portion of the contract is $50,000,00, the City Public Works Department’s portion is $61,684.50, and the County’s (including the Village’s) portion is $21,060.40. The City’s portion of the aerial photography project was included in the Department’s FY 2001-2002 budget, Enterprise Fund 520 and 400.01.40016.05207 and 100.30.13010.05620 The engineers estimate was $180,000-$210,000. It is recommended that the bid be awarded to Surdex, 520 Spirit of St. Louis Boulevard Chesterfield, MO 63005 in the amount of $132,744.90. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Chad Nabity AICP, Regional Planning Director Council.Now - WindStone Inc. INTEROFFICE MEMO from the UTILITIES DEPARTMENT PLANNING AND ENGINEERING DIVISION Working Together for a Better Tomorrow, Today. To: The Mayor and Council Members January 16, 2002 From: Chad Nabity, Hall County Regional Planning Director – GIS Committee Chairman Gary Mader, Utilities Director Steve Reihle, Public Works Director Re: Aerial Photography and Aerial Mapping Contract 2002-AM-1 Background This is a joint project between the City Utilities Department, the City Public Works Department, and the Hall County GIS Department, as allowed for in the Interlocal Cooperation Agreement For The City/County Geographical Information System. The City currently uses 1998 aerial photography, and the County is using 1992 aerial photography, for studies and planning. These photos no longer meet the needs of the City or County, and bids have been solicited for new digital aerial photos. These will provided the accuracy and high resolution quality needed for area planning, mapping, and other means determining municipal and county growth. Attached is a map of the flight areas. Discussion The Utilities Department, the City Public Works Department, the City/County Regional Planning Commission, and Hall County GIS Department, have solicited bids for this joint project in accordance with City Procurement Codes. The bids were publicly opened at 11:00 am on January 14, 2002. Six bids were received, however one was not opened due to inconsistencies with the bid bond requirements. A tabulation of the five evaluated bids is listed below: Base Bid Options A-E A-J Total Horizon, Inc Rapid City, SD $131,470.00 $31,990.00 $163,460.00 Sanborn Map Co Fenton, MO $133,649.80 $51,439.00 $185,088.80 Aerometric, Inc Fort Collins, CO $155,450.00 $30,032.00 $185,482.00 Surdex Corp Chesterfield, MO $100,114.90 $32,630.00 $132,744.90 ASI Cedar Falls, IA $189,701.00 $15,334.00 $205,035.00 RECOMMENDATION: The City/County GIS Committee recommends the Council award the contract for aerial photography, 2002-AM-1 to the Surdex Corporation, in the amount of $132,744.90. Their bid is without exceptions, is below the engineer's estimate of $180,000.00, and meets all City contract requirements. FISCAL EFFECTS: The City Utilities Department’s portion of the contract is $50,000,00, the City Public Works Department’s portion is $61,684.50, and the County’s (including the Village’s) portion is $21,060.40. The City’s portion of the aerial photography project was included in the Department’s FY 2001-2002 budget, Enterprise Fund 520 and 400.01.40016.05207 and 100.30.13010.05620 .. Cc: Marland Ferguson, City Administrator Page 1 of 26 Hall County/Grand Island GIS Grand Island, Nebraska City Hall – 100 East 1st Street P.O. Box 1968 Grand Island, NE 68802-1968 Telephone: (308) 385-5444 Ext. 131 Fax: (308) 385-5427 Contract 2002-AM-1 For Aerial Photography and Aerial Mapping BIDDER:_________________________________________________________________________ Page 2 of 26 Opening Date/Time: January 14th, 2002 @ 11:00 A.M., Central Standard Time (CST) City of Grand Island, City Hall 100 East 1st Street, P.O. Box 1968 Grand Island, NE 68802-1968 Contact: Purchasing Division of the Legal Department, City of Grand Island, Phone (308) 385-5444 Page 3 of 26 Advertisement to Bidders FOR HALL COUNTY/GRAND ISLAND GIS Sealed bids will be received at the office of the City Clerk, 100 East First St., Grand Island, NE 68801 or P.O. Box 1968, Grand Island, NE 68802, until 11:00 a.m. (local time), on January 14, 2001, for furnishing labor, tools, equipment, materials, and doing all work for Contract 2002-AM -1; and their related appurtenances. FOB the City of Grand Island. Bids will be publicly opened at this time in Conference Room #1 located on 1st floor of City Hall. Bids received after specified time will be returned unopened to sender. One (1) original and four (4) complete copies of the bid shall be submitted on forms herein. Each bidder shall submit with their bid a certified check, a cashier’s check or bid bond payable to the City Treasurer in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the bidder and the entering into a contract within twenty (20) days, at the bid price, if accepted by the City. Your certified check, cashier’s check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information in clearly marked and separate envelopes will result in your bid not being opened or considered. Bid bonds must be issued by surety companies authorized to do business in the State of Nebraska. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S. 73-102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Successful bidder shall comply with the Owners’ insurance requirements and supply performance and payment bonds. Bids will be evaluated by the Owner based on price, quality, adherence to schedule, plan and specification, economy and efficiency of operation, experience and reputation of bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The Owner reserves the right to reject any or all bids and to waive irregularities therein and to accept whichever bid that may be in their best interest, at their sole discretion. No bidder may withdraw their bid for a period of sixty (60) days after date of opening bids. Plans and specifications for use in preparing bids may be obtained from Chad Nabity AICP, Regional Planning Director, Grand Island, NE. RaNae Edwards, City Clerk Page 4 of 26 Table of Contents Advertisement Page 2 Timeline Page 4 Instruction to Bidders Pages 5-10 Statement Of Work Pages 11-16 BID Pages 17-20 Contract Agreement Pages 21-23 Page 5 of 26 Timeline Date Advertise for Bids December 21, 2001 Bid Closing / Bid Opening January 14, 2002, 11:00 AM, CST Award of Contract January 22, 2002 Page 6 of 26 Instructions to Bidders OWNER: The County of Hall, Nebraska hereafter called County, and City of Grand Island Nebraska, hereafter called CITY, hereafter jointly referred to as OWNER, is now accepting bids for aerial photography and aerial mapping. SUBMISSION OF BIDS: All bids shall be submitted on the bid forms hereto attached, which shall remain bound with the complete Contract Documents as originally issued, and be addressed to the City Clerk, and plainly marked, "BID FOR CONTRACT 2002-AM-1.” INSURANCE COVERAGE: The Contractor shall purchase and maintain at Contractor’s expense as a minimum insurance coverage of such types and in such amounts as are specified herein to protect Contractor and the interest of Owner and others from claims which may arise out of or result from Contractor's operations under the Contract Documents, whether such operations be by Contractor or by any subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. Failure of Contractor to maintain proper insurance coverage shall not relieve him of any contractual responsibility or obligation. BIDDER QUALIFICATION: Bids will be received only from qualified bidders. A bidder will be considered qualified if they are a recognized supplier or manufacturer of materials and items similar to that specified herein with complete factory facilities in the United States and has had experience in the design and manufacture of items of equal or greater size than that specified herein. Bidders shall furnish upon request a list of jobs of similar size, magnitude and requirements which he has satisfactorily performed. The list shall state the name of the purchaser, locations, date of purchase, size, type and operating conditions. Such data will be used to assist in determining the qualifications of the bidder, and shall be submitted within seven (7) calendar days from receipt of such a request by the Owner. Bidder must comply with all applicable Federal, State and local rules and regulations. BIDDER SECURITY: Bidder security, when required, shall be enclosed in a special envelope marked, "BIDDER SECURITY / BID FOR CONTRACT 2002-AM-1." The envelope shall contain only a cashier's check, certified check, or bidder's bond. This special envelope shall be attached to a sealed envelope containing the bid and any other requested bid materials. This second envelope shall be marked "BID FOR CONTRACT 2002-AM-1." Bids of an incomplete nature or subject to multiple interpretation may, at the option of the Owner, be rejected as being irregular. CHECKS OR BID BONDS: Checks or bid bonds of the unsuccessful bidders will be returned when their bids have been rejected and not to exceed sixty (60) days from the date bids are opened. All bids shall remain in force for this 60-day period. The check or bid bond of the successful bidder will be returned when the Contracts are signed by both parties and Page 7 of 26 necessary bonds supplied. Should the Owner make an award to a Contractor who refuses to enter into Contract and furnish the required bonds within twenty (20) days after notification of acceptance, then the bid security which has been deposited with the Owner will be forfeited to the Owner as liquidated damages. PERFORMANCE AND PAYMENT BONDS: A Performance Bond, when required, in an amount equal to one-hundred percent (100%) of the Contract Price, conditioned upon faithful performance of the Contract and PAYMENT of all people supplying labor and/or furnishing materials will be required coincident with the execution of the Contract. According to Nebraska Law, the surety company executing the Performance Bond must be authorized to do business in the State of Nebraska. A Payment Bond, when required, in an amount equal to one-hundred percent (100%) of the Contract Price for protection of all people supplying labor and materials to the Contractor or its subcontractors for the performance of the work provided for in the Contract will be required coincident with the execution of the Contract. In accordance with Nebraska Law, the surety company executing the Payment Bond must be authorized to do business in the State of Nebraska. REQUESTS FOR PAYMENT: The Owners will make payments only after approval at regularly scheduled County Board/City Council meetings. These meetings typically occur the second and fourth Tuesday each month. Requests for payment must be received no less than ten (10) working days prior to the designated meeting to allow proper review and consideration. Payments will only be made after final completion of the project to the Owner's satisfaction unless otherwise stated elsewhere in bidding documents. REQUEST FOR INTERPRETATION: If any person contemplating submitting a bid for this Contract is in doubt as to the true meaning of any part of the specifications or other proposed Contract documents, they may submit to the Purchasing Division of the Legal Department a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addendum duly issued and/or delivered to each person receiving a set of such documents. The addenda, upon closing, shall become a part of the Contract. The Purchasing Division of the Legal Department will not be responsible for any other explanation or interpretation of the proposed documents. ADDENDA: Any addendum to the specifications issued during the time allowed for preparation of bids shall be covered in the bid and, upon closing, shall become a part of the specifications. One copy of each addendum issued before the date of the letting will be sent to all bidders. One signed copy is to be returned immediately to the Purchasing Division of the Legal Department (or other Department if so designated in the addendum) as acknowledgment of receipt. TAXES: The City of Grand Island is tax exempt. The County of Hall is tax exempt. Page 8 of 26 BASE BID: The bidder is expected to base their bids on items complying fully with these specifications, and in the event bidder names in the bid items which do not conform, then the bidder will be responsible for furnishing items which fully conform at no change in the bid price. Bids will be evaluated by the Owner based on price, quality, adherence to schedule, plan and specification, economy and efficiency of operation, experience and reputation of bidder, ability, capacity, and skill of the bidder to perform Contract required and adaptability of the particular items to the specific use intended. ALTERNATE BIDS: It is the desire of the Owner that the bidder base the bid price for this project on the written specifications. If an alternate bid or bids are submitted by a bidder, it is desired that they first submit a bid price as above described and then describe an alternate bid. Failure to do so may be reason for not extending any consideration to alternate bids. MODIFICATION OF BIDS: Bids may be modified or withdrawn by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are to be submitted at any time prior to the final time set for receiving bids. Bidders may modify or withdraw bids by Fax communication at any time prior to the time set for receiving bids provided this instruction is positively identified. Any Fax modification should not reveal the amended bid price but should provide only the addition, subtraction or other modifications. A duly-executed document confirming the Fax modification shall be submitted within three (3) days after bids are opened. EXCEPTIONS TO SPECIFICATIONS: Each bidder shall carefully check all requirements herein set forth and shall offer items which fully comply with these requirements or shall plainly set forth all points, features, conditions, specifications, etc., wherein the bidder's items offered do not meet these specifications. Such exceptions as are made shall be listed by page number in the following blanks and shall be marked in ink on the pages of these specifications. Exceptions shall be explained in detail in a letter accompanying the bid. Reference shall not be made to other attachments for exceptions and supplementary terms. Failure to outline such exceptions as specifically stated herein will require the successful bidder to comply with these specifications. In case of conflict between the bid and these specifications, these specifications shall govern unless specific exceptions are listed by the bidder. Exceptions to specifications, pages ______________________________________. FINANCIAL STATEMENT: The bidder shall furnish upon request a complete financial statement signed by the bidder, if an individual, by all partners if the bidder is a partnership and, by the President or Secretary, if the bidder is a corporation. Page 9 of 26 EQUAL EMPLOYMENT OPPORTUNITY: The Contractor agrees that during the performance of this Contract not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, disability, age or national origin, and to comply with Executive Order 11,246 of September 24, 1965, and the rules, regulations and relevant orders of the Secretary of Labor, and Chapter 20 of the Reissue Revised Statutes of the State of Nebraska. CORRESPONDENCE: Correspondence regarding drawings, instruction manuals, and other engineering data shall be clearly marked _ CONTRACT 2002-AM-1_ and sent through: Purchasing Division of the Legal Department City of Grand Island ATTN: Chad Nabity AICP, Regional Planning Director P. O. Box 1968 Grand Island, NE 68802-1968 Telephone (308) 385-5444, Ext. 131 Page 11 of 26 PROOF OF CARRIAGE OF INSURANCE Satisfactory certificates of insurance shall be filed with the Owner prior to starting any construction work on this Contract. The certificates shall show the Owner as "Additionally Insured" for all coverages except Workers' Compensation. The certificate shall state that thirty (30) days written notice shall be given to the Owner before any policy covered thereby is changed or canceled (strike the "endeavor to" wording often shown on certificate forms). INSURANCE: Bidder acknowledges that bid includes compliance with the attached insurance requirements. GENERAL LIABILITY CONTRACTOR shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers' Compensation (1) State: Nebraska Statutory (2) Applicable Federal (e.g. Longshoreman) Statutory (3) Employer's Liability: $100,000 each accident/$500,000 aggregate policy limit for disease/$100,000 each disease. Contractor's Liability Insurance shall also include completed operations and property liability coverages and eliminate the exclusion with respect to property under the care, custody and control of CONTRACTOR: (1) $1,000,000 General Aggregate [Except Products - Completed Operations] (2) $1,000,000 General Aggregate [Products - Completed Operations] (3) $1,000,000 Each Person/Each Organization [Personal & Advertising Injury] (4) $1,000,000 Each Occurrence [Bodily Injury & Property Damage] Page 12 of 26 (5) Property Damage Liability Insurance will Provide Explosion, Collapse, and Underground Coverages where applicable (6) Excess Liability $1,000,000 General Aggregate $1,000,000 Each Occurrence Automobile Liability (1) Bodily Injury: $1,000,000 Each Person $1,000,000 Each Accident (2) Property Damage: $1,000,000 Each Occurrence or a combined single limit of $1,000,000 Each Accident The OWNER shall be listed as an additional insured for all coverages required for the entire duration of the contract period. The Contractual Liability required shall provide coverage for not less than the following amounts: (1) $1,000,000 General Aggregate $1,000,000 Each Occurrence [Bodily Injury & Property Damage] Page 13 of 26 Statement of Work Introduction The OWNER is now accepting bids from firms having specific experience and qualifications in the area identified in the specifications. In order to be considered, bids for the project must contain evidence of the firm’s experience and abilities in the specified area and other disciplines directly related to the proposed service. Other information required by the OWNER may be included elsewhere in the Request for Bids. All bidders shall provide profiles and resumes of staff to be assigned to the project, references, illustrative examples of similar work performed, and any other information that clearly demonstrates the bidders expertise in the area of the specifics. Background Information The City currently uses 1998 aerial photography for area studies, site development, planning, and other means of municipal growth. The 1998 aerial photography was produced with 6-inch pixel resolution. New contours will not be a part of this project. The County currently uses 1992 aerial photography for appraisals validation, area studies, site development, planning, and other means of municipal growth. The 1992 aerial photography was produced with 2 foot pixel resolution. New contours will not be a part of this project. BID Requirements The OWNER will receive sealed bids until the date and time indicated on the BID cover. Bids must be hand-delivered, mailed, or faxed as in described in the advertisement. Sealed bids will be received at the office of the City Clerk, 100 East First St., Grand Island, NE 68801 or P.O. Box 1968, Grand Island, NE 68802, until 11:00 a.m. (local time), on January 14, 2001, for furnishing labor, tools, equipment, materials, and doing all work for Contract 2002-AM-1; and their related appurtenances. FOB the City of Grand Island. Bids will be publicly opened at this time in Conference Room #1 located on 1st floor of City Hall. Bids received after specified time will be returned unopened to sender. Page 14 of 26 Scope The successful bidder (hereinafter referred to as CONTRACTOR) shall conduct procedures within the specifications as described in the following items. All items of work shall be provided by the contractor unless otherwise stated. I. AERIAL PHOTOGRAPHY CONTRACTOR shall obtain new vertical aerial photography using a calibrated aerial mapping camera. The aerial photography shall be suitable for use in the production of topographic mapping and photographic products. The CONTRACTOR shall use the process commonly known as Airborne GPS. This process will allow the project to utilize GPS for Analytical Triangulation. The aerial photography will be exposed, at an Above Mean Terrain (ATM) of 3600 feet, to depict a minimum of one half (0.5) foot pixel resolution, and will be suitable for use in production of topographic mapping. This ATM will enable a usable area equivalent to approximate a quarter section (½ mile by ½ mile). The scanning range of the photography shall be within a range of 10 microns to 21 microns. Figure 1 indicates the sections surrounding the municipalities of Grand Island, Alda, Cario, Doniphan/Amick Acres and Wood River that shall be flown in this project. Ortho-photography shall be produced on all of these sections. Overall photos for each municipality shall be provided for Grand Island and may be requested for other municipalities as indicated on Figures 2-6. II. GROUND CONTROL Figure 1 indicates the area to be flown and existing Global Positioning Satellite (GPS) ground control points. CONTRACTOR will coordinate with OWNER to determine additional needed ground control. CONTRACTOR shall include in the BID an aerial flight diagram depicting flight lines and all required ground control points needed. Ground control shall be placed and maintained by the OWNER. Page 15 of 26 III. PHOTOGRAMMETRIC SERVICES A. Analytical Aerial Triangulation 1. Use analytical aerial triangulation to extend and supplement the ground control data. If additional ground control points are required to complete analytical triangulation, CONTRACTOR shall identify these required points. Analytical triangulation will be performed by experienced personnel and supervised by a certified photogrammetrist. 2. All required analytical aerial triangulation measurements shall be accomplished using an analytical stereoplotter that reads directly to 1+ micron. The bundle adjustment computations, analysis of results and triangulation’s reports will be performed by a certified photogrammetrist. B. Digital Ortho-Photos 1. The ortho-photos will be produced by differential rectification of the aerial negative to remove image displacement caused by the trim and / or tilt of the aircraft and displacement due to the relief itself. The final ortho-photographic map shall not contain scan lines or mismatched imagery that interferes with the interpretability of ground features or that is aesthetically objectionable. The ortho-photographic image will be free of objectionable scratches, and inconsistencies in tone and density between adjacent sheets. The CONTRACTOR shall provide the OWNER with contact prints of any objectionable areas. The extent of the objectionable area will be determined by the OWNER, upon review of the delivered contact prints. 2. The topographic mapping will be used in creation of a digital elevation model (DEM). The DEM representing the ground surface is a fundamental part of a digital ortho-photo. Using the DEM, every pixel of the scanned image is to be rectified during the digital ortho-photo processing phase. 3. Gray scale imagery will be priced for this project. The CONTRACTOR will supply gray scale imagery as set forth in “United States National Map Accuracy Standards.” IV. PHOTOGRAPHIC PRODUCTS 1. CONTRACTOR will provide both TIFF and Mr. SID â file formats with header files for aerial imagery. The header files shall georeference the image into Nebraska State Plane NAD83 coordinates.. CONTRACTOR will provide said aerial imagery and headers on DVD (read-only) media format. The CONTRACTOR shall provide a separate TIFF file for each ¼ section and Page 16 of 26 one (1) composite Mr. SID â file for each municipality: Alda, Cairo, Doniphan/Amick Acres, Wood River and Grand Island. 2. CONTRACTOR will deliver the said aerial imagery files with the following naming structure: a. Example “2002-T11NR9W6NE.TIF ” i. “2002” equals the photo year ii. “T-11N” equals the township iii. “R9W” equals the range iv. “6” equals the section v. “NE” equals the Northeast Quarter · “NW” equals the Northwest Quarter · “SW” equals the Southwest Quarter · “SE” equals the Southeast Quarter b. Overall composite images of each municipality shall be given the respective name with photo year. (eg. 2002-Grand Island.sid) 3. CONTRACTOR will deliver the Digital Elevation Model (DEM) used for the creation of ortho-photos on DVD (read-only) media format. V. ITEMS TO BE DELIVERED BASE Products ( Grand Island, Alda, Cario, Doniphan/Amick Acres and Wood River) 1. Three sets of DVD (read-only) of each municipality ortho-photography in raster file formats. (refer to IV., 1,2) 2. Three Sets of DVD (read-only) for each municipality DEM. (refer to IV., 3) 3. Overall Color Photo for Grand Island as defined in Figure 2 approximately 60”x60” and 1”=1000 feet. Copy of Image on DVD as TIFF. OPTIONAL Products (Add-ons to Base) A. One set of reproduceable mylar enlargements for Grand Island Area, at a scale of 1”=100’, on 30”x30” sheets. Sample Layout attached for Grand Island. B. One set of reproducible mylar enlargements for Alda Area, at a scale of 1”=100’, on 30”x30” sheets. Use Grand Island Layout modified for Alda Page 17 of 26 C. One set of reproducible mylar enlargements for Cairo Area, at a scale of 1”=100’, on 30”x30” sheets. Use Grand Island Layout modified for Cairo. D. One set of reproducible mylar enlargements for Doniphan/Amick Acres Area, at a scale of 1”=100’, on 30”x30” sheets. Use Grand Island Layout modified for Doniphan/Amick Acres. E. One set of reproducible mylar enlargements for Wood River Area, at a scale of 1”=100’, on 30”x30” sheets. Use Grand Island Layout modified for Wood River. F. Three blueline sets of paper enlargements, at a scale of 1” = 100’, on 30” x 30” sheets. G. Overall Color Photo for Wood River as defined in Figure 6 approximately 36”x36” and 1”=200 feet. . Copy of Image on DVD as TIFF. H. Overall Color Photo for Doniphan as defined in Figure 4 approximately 36”x36” and 1”=200 feet. . Copy of Image on DVD as TIFF. I. Overall Color Photo for Cairo as defined in Figure 3 approximately 36”x36” and 1”=200 feet. . Copy of Image on DVD as TIFF. J. Overall Color Photo for Alda as defined in Figure 2 approximately 36”x36” and 1”=200 feet. . Copy of Image on DVD as TIFF. VI. DELIVERY SCHEDULE 1. Aerial photography shall be acquired on first “clear day” after aerial targets are in place. Aerial Flights will be between March 1, 2002 and April 1, 2002. The National Weather Service in Hastings, Nebraska shall define “clear day” for the flight area. Overall color photos of each community as shown in Figure 1 may be flown on any clear day between May 1 and July 31, 2002. Failure to meet this time frame may result in the loss of the performance bond. 2. Complete delivery of all aerial photography items within 120 days from receipt of ground control data and acquisition of aerial photography. Work product shall be submitted to OWNER no later than August 31st 2002, for the above noted items. 3. The OWNER understands and agrees that, due to the nature of services to be provided by CONTRACTOR, the projected time for completing any phase of the foregoing work may be delayed due to failure of OWNER to supply or Page 18 of 26 provide data or services in a timely manner, unusual weather conditions which delay ground surveys or aerial photography, acts of God, strikes, lock- outs, or other labor relation problems, national emergencies, wars, or national shortages, including petroleum shortages. CONTRACTOR shall perform the services with due diligence, without delay or interruption, and with the minimum number of employees, materials and equipment necessary to perform such that OWNER will be relying upon the accuracy, competence and completeness of services rendered under this Agreement. For a period of twelve (12) months following acceptance of the Work, if Work is found to not conform to specifications or to be defective, and same is reported to CONTRACTOR promptly after discovery or recognition thereof, CONTRACTOR shall perform all services and supply all materials necessary to correct such default or defect as soon as practicable after receipt of notice thereof from OWNER, all at the CONTRACTOR’S expense. VII. OWNERSHIP 1. All products such as film, data, media, prints, photography and DEMS produced through this project are the sole property of the OWNER as detailed below. No reproduction in whole or in part shall be used for any other parties, project, or entity with the written consent of the OWNER. The OWNER reserves the right to deny any other use of the aforesaid material to anyone. The County of Hall, Nebraska and City of Grand Island Nebraska, shall be defined as OWNER. VIII. MAP ACCURACY All maps and data provided by CONTRACTOR to OWNER shall conform to National Map Accuracy Standards at an image resolution of 0.5’/pixel with a map scale of 1”=100’. In the event that field checking reveals errors in such mapping or data arising from the performance by CONTRACTOR under the Agreement, CONTRACTOR’S sole responsibility and liability shall be to correct such maps and data at no cost to OWNER. However, in the event that such errors arise from the obscuring of aerial photography by dense foliage, reflections, building overhangs, or other natural or man-made obstructions, or result from mistakes, errors or omissions in services or information provided by OWNER, OWNER’S agents, representatives or subcontractors other than CONTRACTOR, the cost of correcting Page 19 of 26 such errors shall be paid by OWNER, in accordance with CONTRACTOR’S then- current fee schedule. Page 20 of 26 BID CONTRACTOR will complete the Work in accordance with the attached specifications for the following price(s): Item Description Units Unit Price Total [1.] Aerial Photography Services and Products (Scope V Items 1-3) Services a. Ortho-rectify Aerial Photos to Horizontal/ Vertical GPS Points per Quarter Section (refer to I.) b. Raster Aerial Imagery DVD per ¼ section TIFF and Composite Mr. SID â files c. Digital Elevation Model DVD Quantity Estimate 430 quarter sections 1/4section ________ ________ d.Overall Color Photo of Grand Island 10 prints at specified size and scale prints ________ _________ e. Overall Color Photo of Grand Island TIFF File on DVD ROM Per Disk _______ [2.] OPTIONAL Photogrammetric Services and Products (Add-ons to Base) Item Description Units Unit Price Total Products (GRAY SCALE) A. Grand Island 30” x 30” Photo Transparencies per Set ______ ______ B. Alda 30” x 30” Photo Transparencies per Set ______ ______ C. Cairo 30” x 30” Photo Transparencies per Set ______ ______ D. Cairo 30” x 30” Photo Transparencies per Set ______ ______ Page 21 of 26 E. Wood River 30” x 30” Photo Transparencies per Set ______ ______ F. Three Blue Line Sets 1) Grand Island Quantity Est. 3 Set ______ ______ 2) Alda Quantity Est. 3 Set ______ ______ 3) Cairo Quantity Est. 3 Set ______ ______ 4) Doniphan/Amick Acres Quantity Est. 3 Set ______ ______ 5) Wood River Quantity Est. 3 Set ______ ______ Products (COLOR) Overall Aerial Photo G. 36” x 36” Alda Each ______ ______ TIFF File on DVD ROM Per Disk _______ H. 36” x 36” Cairo Each ______ ______ TIFF File on DVD ROM Per Disk _______ I. 36” x 36” Doniphan Each ______ ______ TIFF File on DVD ROM Per Disk _______ J. 36” x 36” Wood River Each ______ ______ TIFF File on DVD ROM Per Disk _______ [4.] Additional 1 mile adjacent to any area defined in Bid Item ‘A’ a. Services for items [1.] of a one mile area Each ______ The OWNER reserves the right to reject any or all bids; and to waive irregularities or informalities to accept the BID it deems most beneficial. Page 22 of 26 ADDENDA: Bidder acknowledges that Addenda Number (s) ____________ were received and considered in Bid preparation. The undersigned Bidder agrees to furnish the required bond and certificates of insurance, and to enter into a Contract within twenty (20) days after acceptance of this Bid, and further agrees to complete all work covered by the foregoing Bid in accordance with specified requirements. The proposed work will commence as soon as possible after issuance of notice to proceed, with completion of the work to be as stated in Article III of the Contract Agreement. No work shall commence until the Certificate of Insurance and bonds (when required) are approved. Enclosed herewith is the required bid guarantee in the amount of: ___________________________________________________Dollars ($________________), which the undersigned Bidder agrees is to be forfeited to and become the property of the City of Grand Island, Nebraska, as liquidated damages should this Bid be accepted and a Contract be awarded to him and he fail to enter into a Contract in the form prescribed and to furnish the required bond within twenty (20) days, but otherwise the aforesaid Bid guarantee will be returned upon his signing the Contract and delivering the approved bond. In submitting this Bid it is understood that the right is reserved by the Owner to reject any and all Bids; to waive irregularities therein and to accept whichever Bid that may be in the best interest of the Owner. It is understood that this Bid may not be withdrawn during a period of sixty (60) days after the Bid opening. In submitting this Bid, the Bidder states that Bidder fully complies with and will continue to comply with, applicable State fair labor standards as required by Section 73-102 R.R.S., 1943 and also complies with, and will continue to comply with, Section 48-657 R.R.S., 1943 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. The undersigned Bidder hereby certifies (a) that this Bid is genuine and is not made in the interest of or in the behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation, (b) that he has not directly or indirectly induced or solicited any person, firm or corporation to refrain from Bidding, (c) that he has not sought, by collusion or otherwise, to obtain for himself an advantage over any other Bidder or over the Owner, and (d) that he has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. SIGNATURE OF BIDDER: Page 23 of 26 DATE: ___________________________________ If an Individual: , doing business as ________________________________________ If a Partnership: ____________________________________________________________ By: _________________________ member of firm. If a Corporation: ____________________________________________________________ By: ______________________________ (Seal) Title: ______________________________________ BUSINESS ADDRESS OF BIDDER: _____________________________________________________________________ _____________________________________________________________________ TELEPHONE NUMBER OF BIDDER: ______________________________________________ FAX NUMBER OF BIDDER:_____________________________________________________ Page 24 of 24 Contract Agreement for _____________________________ THIS AGREEMENT made and entered into, by and between Surdex Corporation hereinafter called the Contractor, and the County of Hall and City of Grand Island, Nebraska, hereinafter called the Owner. WITNESSETH: THAT, WHEREAS, in accordance with law, the Owner has caused contract documents to be prepared and an advertisement calling for bids to be published, for CONTRACT 2002- AM-1; and WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the Owner for itself and its successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as follows: ARTICLE I. That the Contractor shall furnish all tools, equipment, superintendence, transportation, and other materials, services and facilities specified and required to be incorporated in and form a permanent part of the completed work; and done in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the contract documents as listed in the attached Specifications, said documents forming the contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the Owner's official award of this contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor's bid; ARTICLE II. That the Owner shall pay to the Contractor for the performance of Aerial Photography and Aerial Mapping Services embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of One Hundred Thirty Two Thousand Seven Hundred Forty Four Dollars and Ninety Cents ($132,744.90), for all work covered by and included in Page 25 of 24 CONTRACT AGREEMENT (Continued) the Contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the Specifications. The sum of the contract shall not exceed $132,744.90 but may be lowered should the Owner choose not to purchase some or all of the optional products. The Owner shall notify the contractor no later than March 15, 2002 which optional products are to be included for final delivery. ARTICLE III. It is understood and agreed that time is the essence of the Contract. No work shall commence until the Certificate of Insurance and bonds are approved by the City and the Contract is executed. The proposed work will commence as soon as possible after Contract execution. The Contractor shall coordinate with the Owner relative to scheduling work. Completion of all work shall be by August 31, 2002. ARTICLE VII. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace and to provide a copy of its policy to the Owner upon request. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement. Contractor _______________________________________________________________ By ______________________________________ Date ___________________________ Title _____________________________________ Page 26 of 24 COUNTY OF HALL, NEBRASKA, By ____________________________________ Date _______________________ Hall County GIS Director The contract and bond are in due form according to law and are hereby approved. _______________________________________ Date _______________________________ Attorney for the County CITY OF GRAND ISLAND, NEBRASKA, By _______________________________________ Date _______________________ Mayor Attest: ____________________________________ Date _______________________ City Clerk The contract and bond are in due form according to law and are hereby approved. _______________________________________ Date _______________________________ Attorney for the City Approved as to Form ¤ _______________ January 18, 2002 ¤ City Attorney R E S O L U T I O N 2002-29 WHEREAS, the City of Grand Island and County of Hall invited sealed bids for GIS Contract 2002-AM-1, according to plans and specifications on file with the Regional Planning Director; and WHEREAS, on January 14, 2002, bids were received, opened and reviewed; and WHEREAS, Surdex Corporation of Chesterfield, Missouri, 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 $100,114.90 plus $32,630 in optional items for a total bid of $132,744.90; and WHEREAS, Surdex Corporation's bid is less than the engineer’s estimate for such project; and WHEREAS, the City's total portion of such project is $111,684.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Surdex Corporation of Chesterfield, Missouri, in the amount of $100,114.90 plus $32,630 in optional items for a total bid of $132,744.90 for GIS Contract 2002-AM-1 is hereby approved as the lowest responsive bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G24 #2002-30 - Approving Certificate of Final Completion and Setting Board of Equalization Date for Street Improvement District 1237, Wortman Drive. The Public Works Department recommends that the Certificate of Final Completion be issued for Street Improvement District 1237, Wortman Drive. The contract was awarded to The Diamond Engineering Company on April 24, 2001 and work was completed in Fall 2001. The performance of the contract was supervised by the Public Works Department and a Certificate of Final Completion has been issued by the Public Works Director, subject to Council approval. See attached RESOLUTION. Tuesday, January 22, 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 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-30 WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for Street Improvement District No. 1237, certifying that The Diamond Engineering Co. of Grand Island, Nebraska, under contract dated April 24, 2001, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Engineer's Certificate of Final Completion for Street Improvement District No. 1237, is hereby confirmed. 2.A warrant be issued from Account No. 400.01.40045.05630 in the amount of $22,159.49 payable to The Diamond Engineering Co. for the total amount due the contractor. 3.The costs of engineering and publication costs in the amount of $4,054.49 be credited to Account No. 100.130.04516 from Account No. 400.01.40045.05525. 4.The City Council will sit as a Board of Equalization on February 26, 2002 to determine benefits and set assessments for Street Improvement District No. 1237. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G25 #2002-31 - Approving Continuation and Construction of Sanitary Sewer District #503, Edna Drive in Gosda Subdivision Sanitary Sewer District 503 was created by the City Council on December 4, 2001. Legal notice of the District's creation was published in the Grand Island Independent on December 11, 2001 with a copy of the Ordinance and Notice mailed to all property owners that day. Council action is required to continue the District. Sanitary Sewer District 503 completed the 30 day protest period at 5:00 p.m. on Thursday January 10, 2002. There were protests filed against this District by two abutting property owners representing 305.91 or 12.2% of the total District frontage of 2,507.8 feet. Accordingly, this District may be continued and constructed. The majority of the costs of the District will be assessed to the benefiting properties. Tuesday, January 22, 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 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-31 WHEREAS, Sanitary Sewer District No. 503 was created by Ordinance No. 8705 on December 4, 2001; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, on December 11, 2001, 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 January 10, 2002, and protests have been filed against the creation of such district which represents 12.2% of the total district frontage. 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. 503, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 22, 2002. _______________________________________ RaNae Edwards, City Clerk Item G26 #2002-32 - Approving Acquisition of Detention Cell Property Located South of Westridge Middle School City Council approval by Resolution is required for the mayor to sign the Agreement for acquisition of the Detention Cell property. The cell is located South of Westridge Middle School and West of Mansfield Road. It detains storm water runoff from properties upstream (south) of the cell as well as storm water runoff from R & B and Grand West Subdivisions. The location of the cell was included in the study of Moore's Creek drainage that was completed in 1975. The network of cells detailed in the study has been used when planning drainage for all developments in the area. The Public Works Department has been working with this developer on the detention cell project since the summer of 1999. The developer purchased the ground and is using the excavated material for fill in the Grand West Subdivision. The Public Works Department has committed to designing a cell that will have amenities to make it a desirable addition to the neighborhood including a sprinkler system, landscaping, concrete ditch lining, and seeding or sodding. The City will own the completed cell and will be responsible for future maintenance of the cell. The ditch south of Cannon between Mansfield Road and North road will be cleaned out to improve flow out of the cell. There are no alternative locations for the cell because of the area that drains into the cell. Properties may experience flooding from storm water runoff from developed properties in the area if the cell is not constructed. Tuesday, January 22, 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 17, 2002 ? City Attorney R E S O L U T I O N 2002-32 WHEREAS, Grand West, LLC, a Limited Liability Company, has expressed an interest in constructing a detention cell immediately to the south of Westridge Middle School and selling it to the City of Grand Island; and WHEREAS, the purchase price of $11,990 plus reimbursement of all special assessments paid by the Seller on the property for Street Improvement District No. 1232; and WHEREAS, a public hearing was held on December 20, 1999, for the purpose of discussing the proposed acquisition of such detention cell located in an area bounded on the west and north by the Moore's Creek Drainway owned by the City of Grand Island, on the east by Mansfield Road, and on the south by Shanna Street, more particularly described as follows: A part of the Southeast Quarter (SE¼) of Section Eleven (11), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska; the real property being more particularly described as follows: First to ascertain the point of beginning, start at the southwest corner of said Southeast Quarter (SE¼); thence running easterly, along and upon the south line of said Southeast Quarter (SE¼), a distance of Forty and One Hundredth (40.01) feet; thence deflecting left 91°02000" and running northerly, parallel with the west line of said Southeast Quarter (SE¼), a distance of One Thousand One Hundred One and Forty Five Hundredths (1,101.45) feet to a point which is One Thousand Forty (1,040.0) feet south of the south line of Sussex Place Subdivision, said point being the ACTUAL point of beginning; thence deflecting right 91°10020" and running easterly, parallel with the south line of said Sussex Place Subdivision, a distance of Five Hundred Ninety Two and Forty Nine Hundredths (592.49) feet; thence deflecting left 91°10020" and running northerly, parallel with the west line of said Southeast Quarter (SE¼), a distance of Six Hundred Forty Five and One Hundredth (645.01) feet to a southwest corner of R. & B. Second Subdivision; thence deflecting left 00°11034" and running northerly, along and upon the west line of said R. & B. Second Subdivision, a distance of Three Hundred Fifty Four and Ninety Nine Hundredths (354.99) feet to a point which is Forty (40.0) feet south of the northwest corner of said R. & B. Second Subdivision, said point also being Forty (40.0) feet south of the south line of said Sussex Place Subdivision; thence deflecting left 88°32000" and running westerly, parallel with the south line of said Sussex Place Subdivision, a distance of Five Hundred Ninety One and Twenty Nine Hundredths (591.29) feet to a point which is Forty (40.0) feet east of the west line of said Southeast Quarter (SE¼); thence deflecting left 91°07000" and running southerly, parallel with the west line of said Southeast Quarter (SE¼), a distance of One Thousand (1,000.0) feet to the ACTUAL point of beginning and containing 13.594 acres, more or less; and Approved as to Form ? _______________ January 17, 2002 ? City Attorney WHEREAS, an Agreement for Warranty Deed has been prepared by the City Attorney's office for the acquisition of such property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement for Warranty Deed by and between the City and Grand West, LLC, a Limited Liability Company, for the conveyance of a detention cell immediately south of Westridge Middle School is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G27 #2002-33 - Awarding Bid for Sanitary Sewer Project 2001-S-5, South of State Street & West of Diers Avenue The Public Works Department, Wastewater Division, and the City Attorney's Department, Purchasing Division, submitted a request to award a bid for Sanitary Sewer Project 2001-S- 5. The project is located west of the intersection of Diers Avenue and south of State Street, across from Menards. The project will make modifications the the sanitary sewer piping and manholes in order to reduce turbulence. The turbulence releases the Hydrogen Sulfide gas that caused the damage to the manhole along Diers Avenue south of Capital Avenue that was repaired last fall. Four bids were received ranging from $43,682.40 to $83,199.20. The engineer's estimate was $59,909.00. The low bid was submitted by The Diamond Engineering Company, Grand Island, Nebraska in the amount of $43,682.40. There are sufficient funds for this purchase in account number 530.00.53084.05213. See attached RESOLUTION. Tuesday, January 22, 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 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-33 WHEREAS, the City of Grand Island invited sealed bids for Sanitary Sewer Project 2001- S-5, according to plans and specifications on file with the City Engineer; and WHEREAS, on January 15, 2002, one bid was received, opened and reviewed; and WHEREAS, The Diamond Engineering Co. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $43,682.40; and WHEREAS, The Diamond Engineering Co.'s bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co. of Grand Island, Nebraska, in the amount of $43,682.40 for Sanitary Sewer Project 2001-S-5 is hereby approved as the lowest responsive bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G28 #2002-34 - Approving Financial Institutions for Public Funds State Statutes have required that the City Treasurer (Finance Director) deposit public funds in banks or capital stock financial institutions of approved and responsible standing as approved by the City Council. During the 2001 session of the Nebraska State Legislature, LB- 362 was passed which allows mutually owned financial institutions to invest municipal monies. This Resolution provides for the authorization of Home Federal/Grand Island and The Equitable Building & Loan Association to be added to our list of approved depositories of public funds. Approval is recommended. See Resolution. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Dave Springer Council.Now - WindStone Inc. Approved as to Form ¤_______________ January 17, 2002 ¤ City Attorney - 1 - R E S O L U T I O N 2002-34 WHEREAS, Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and responsible standing all money collected, received or held by him or her as city treasurer; and WHEREAS, Section 16-713, R.R.S. 1943, the city treasurer may purchase certificates of deposit from and make time deposits in banks or capital stock financial institutions selected as depositories of city funds. WHEREAS, Section 16-714, R.R.S. 1943, for the security of the fund so deposited, the city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. Wells Fargo; U. S. Bank; United Nebraska Bank; Union Bank and Trust Co.; Five Points Bank of Grand Island; Bank One Trust Co. N.A.; Cornerstone Bank; Bank of Doniphan; Heritage Bank; Nebraska Public Agency Investment Trust (NPAIT); The Principal Financial Group; KPM Investment Management, Inc.; Ameritas Life Insurance Corp.; ICMA Retirement Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; and the Equitable Building and Loan Association be and hereby are, designated and approved as depositories for all money collected, received, or held by the City of Grand Island, Nebraska. 2. The Finance Director or his/her designee, in his official capacity of the office, is directed and authorized to deposit such funds in said banks and capital stock financial institutions. 3. This authorization shall include the deposits of public funds in the hands of the Finance Director or his/her designee belonging to the City of Grand Island, Nebraska; the Compact for the Apprehension of Narcotics and Drug Offenders (CANDO); the High Intensity Drug Trafficking Area (HIDTA), the Tri-City Task Force, the Grand Island Community Redevelopment Authority (CRA); and the Grand Island/Hall County Health Department. 4. The Finance Director or his/her designee is hereby authorized to purchase certificates of deposit, treasury notes, treasury bills, treasury bonds, and or strips from the above named banks and capital stock financial institutions selected as depositories. Approved as to Form ¤_______________ January 17, 2002 ¤ City Attorney - 2 - 5. The Finance Director or his/her designee is hereby authorized by the mayor to require the depositories designated by this resolution to give security for the safekeeping and payment of City deposits and the accretion thereof, such security to be in the form and amounts as required by Nebraska statute and the Public Funds Deposit Security Act. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G29 #2002-35 - Setting Date for Board of Equalization for Annual Mowing Assessment Chapter 17 - Garbage, Refuse, Waste and Weeds, Article III - Weeds, sets forth the procedure for levying special assessments against properties on which the City has performed mowing operations during the preceding year. If a property owner, agent, occupant or other person in possession, charge or control of a lot fails to pay the bill sent by the finance department for mowing, the Mayor and City Council, after sitting as a Board of Equalization, may levy the mowing costs against the property on which the services were delivered as a special assessment. There were five properties which did not pay mowing bills during the calendar year 2001 as of January 22, 2002. The City Code requires that a hearing date be set for the Board of Equalization to consider the proposed assessments and take public comment. This action sets Board of Equalization for February 26, 2002 and provides for publication and mailing of notices of the proposed assessments. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-35 WHEREAS, pursuant to Article III of Chapter 17 of the Grand Island City Code, for reason of the failure of the owners, agents, occupants, or persons in possession, charge, or control of lots, tracts, or parcels of land in the City to comply with the notices of the City Council in regard to the cutting and removing of weeds and other rank growth of vegetation, such weeds and other rank growth of vegetation were caused to be removed by the City, and the actual expenses thereof have been audited and paid by the City; and WHEREAS, the owners, agents, occupants, or persons in possession, charge or control of lots, tracts or parcels of land whereon such weeds and other rank growth of vegetation were caused to be cut by the City and are in default of payment of the expenses and costs incurred by the City therefor; and WHEREAS, the Finance Department for the City has reported the expenses and costs of such weed cutting to the City Council and recommends that the City Council sit as a Board of Equalization to assess the expenses and costs thereof to the respective lots, tracts, or parcels of land. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The report of the Finance Department for the City pertaining to the cutting of weeds and other rank growth of vegetation is hereby accepted. 2. The City Council shall sit as a Board of Equalization to determine the benefits of such weed cutting on February 26, 2002 at 7:00 p.m. 3. The City Clerk shall give notice, as required by Section 16-707, R.R.S. 1943, as amended, by one publication in the Grand Island Independent that the City Council will sit as a Board of Equalization on the date and time set forth above, at least ten (10) days prior thereto; and further, that the City Clerk, within five (5) days after the date of publication of the above notice, shall send by U.S. mail, a copy of the published notice to each and every party appearing to have a direct legal interest in such proceeding whose name and post office addresses are known, in accordance with the provisions of Section 25-520.01, R.R.S. 1943, as amended. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G30 #2002-36 - Approving Renewal of Contract with Fonner Park Relative to Stand-By Ambulance At the City Council Meeting of January 23, 2001, the City Council adopted Resolution #2001- 34, which approved a contract providing for an ambulance to be placed on stand-by at Fonner Park in the event that an emergency occurred during events held at Fonner Park. The agreement was for a one-year period of time. Renewal of the Agreement for the 2002 training and horse racing season is recommended. The Agreement provides that one ambulance equipped with fuel and supplies will be available for use at Fonner Park as requested. The fee for such services will be set at $1.00 per day and will be billed by the City at the conclusion of the racing season. Approval to renew the contract is recommended. See attached RESOLUTION. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Jim Rowell Council.Now - WindStone Inc. Approved as to Form ¤ ______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-36 WHEREAS, during the Fonner Park racing season, it is beneficial to have a stand-by ambulance available for emergency purposes; and WHEREAS, it is the desire of the Hall County Livestock Improvement Association, Inc. (Fonner Park) and the City of Grand Island to provide such stand-by ambulance service during the 2002 training and horse racing season; and WHEREAS, an agreement has been reviewed and approved by the City Attorney’s office for the provision of such stand-by ambulance service at the Fonner Park Race Track for the 2002 training and horse racing season. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Agreement by and between the City of Grand Island and Hall County Livestock Improvement Association, Inc. (Fonner Park) for the provision of stand- by ambulance service during the 2002 training and horse racing season is hereby approved; and the Mayor is hereby directed and authorized to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item G31 #2002-37 - Approving Support and Funding for 10th Annual "Get Hooked on Fishing, Not Drugs or Alcohol" Derby The 10th annual "Get Hooked on Fishing! Not Drugs or Alcohol" Fishing Derby is being planned for June 29, 2002 at the Nebraska Veterans Home. The goal of the derby is to promote fishing as an alternative activity to drugs and alcohol. Councilmember Seifert is once again coordinating the event. Funding in the amount of $2,000 has been included in the 2001-2002 Annual Budget for the Fishing Derby. As in years past, a Resolution expressing support for the derby and authorizing the solicitation of donations for prizes, printing, and refreshments has been prepared. Approval is recommended. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-37 WHEREAS, on June 29, 2002, the tenth annual “Get Hooked on Fishing! Not Drugs or Alcohol!!”, youth fishing derby will be held at the Nebraska Veterans Home Lake in Grand Island; and WHEREAS, the goal of this event is to increase public awareness of fishing, to encourage youth to experience the sport first hand, and to advocate an alternative activity to drugs and alcohol; and WHEREAS, it is hoped that prizes can be awarded to each child registered for the fishing derby; and WHEREAS, monetary donations for such prizes are needed; and WHEREAS, it has been suggested that a letter be event organizer Councilmember Larry Seifert in support of this event and to solicit donations for prizes for the individuals registered for the event; and WHEREAS, it is further suggested that City funds be expended for printing expenses and for the purchase of prizes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island supports the Fishing Derby to be held on June 29, 2002 at the Nebraska Veterans Home Lake in Grand Island . 2. That Councilmember Larry Seifert is hereby authorized to send out on City stationery, a letter to solicit donations for such event. 3. That City funds be expended for printing expenses and for the cost of prizes for such event. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item H1 Approving Referral of One and Six Year Street Improvement Plan to Regional Planning Commission Adoption of a One and Six Year Street Improvement Program is required by State law as part of the requirements to receive nearly three million dollars of state gas tax funds each year. The Public Works Department's recommendation for the review of the proposed plan is as follows: % Council refers Plan to the Regional Planning Commission – Tuesday January 22, 2002. % Council Study Session – Tuesday February 5, 2002. % Public Hearing and Recommendation from the Regional Planning Commission – Wednesday February 6, 2002. % Public Hearing and Adoption by City Council – Tuesday February 12, 2002. 2002 Construction Season One of the major projects for the year 2002 construction season again relates to the improvements on South Locust Street between Highway 34 and Stolley Park Road. This construction is now substantially complete to just north of the Village Inn restaurant. Construction from this point north to Stolley Park Road will be completed in teh fall of 2002. This project includes roadway and pedestrian lighting, water main construction, storm drainage, sidewalks and landscaping, as well as a new bridge over the Wood River. Land acquisition for the Wood River Floodway project will be completed shortly. A contract for the construction of the floodway channel is expected to be awarded by the U.S. Army Corps of Engineers in March 2002. Floodway channel construction is expected to start by May 2002 and be completed in 2003. Other roadway construction in 2002 includes additional paving in the Platte Valley Industrial Park and the continuation of the alleyway improvements in the downtown area. The Nebraska Department of Roads plans to let a contract in April 2002 for the construction of the Locust Street I-80 interchange. With the environmental restrictions associated with this project, construction is not expected to start until September 2002, with completion planned in 2004. Also planned for May 2002 bid letting is a joint NDOR and City project for 4 lane construction on East Highway 30 to just beyond Stuhr Road. The project will include Tuesday, January 22, 2002 Council Session City of Grand Island Council.Now - WindStone Inc. significant safety improvements and a traffic signal at the US Highway 30 & Stuhr Road/Seedling Mile intersection. 2003 – 2007 Construction Seasons Some significant projects beyond the 2002 construction season include the completion of the Wood River Floodway Project, and the continuation of various segments of the Hiker/Biker trail construction. Two new bridges will be built over the Platte River channels on Locust Street north of I-80 in preparation for widening of Locust Street to 4 lanes. Roadway construction for the northbound lanes of Locust Street from the new I-80 interchange to the south city limits will follow. The continuation of the four-lane roadway construction on East US Highway 30 to the Merrick County line is scheduled for 2004 or 2005. Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. 2002 Construction Season (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-381 S. Locust; Floodway to I-80, Bridge C0040 4115R $875 $875 M310-455 S. Locust; Floodway to I-80, paving north of Bridge C0040 4115R (Part of State Interchange Contract)$194 $150 $44 M310-391 Paving Petition Program $500 $500 M310-281 Hwy 30 East to Stuhr Road - NDOR Project $5,180 $4,144 $1,036 M310-348 Resurfacing (SB Lanes) Hwy 281 from Hwy 34 to I-80 including illumination - NDOR Project $4,474 $4,375 $450 M310-429 S. Locust; Stolley Park Road to HWY 34 - Roadway Construction E&I (Phase 3 & 4)$280 $280 M310-430 S. Locust; Stolley Park Road to HWY 34 - Roadway Construction (Phase 3 & 4)$2,000 $2,000 M310-443 Engineering Design Two S. Locust bridges over Platte (final 2 lanes)$135 $135 M310-456 Downtown Alley Improvements $130 $130 M310-Grand West Paving (Phase II)$350 $350 M310-458 Traffic Signal - HWY 281/Wildwood Drive $150 $75 $75 M310-437 Faidley Ave; HWY 281 W 1/4 Mile(City share extra width)$35 $35 M310-448 Platte Valley Industrial Site Paving (West)$200 $200 M310-449 Platte Valley Industrial Site Paving (East)$1,000 $1,000 M310-450 Signal Detection-HWY 281 & Stolley Park Road $50 $25 $25 M310-354 Northwest Transportation Improvements $300 $300 Street Resurfacing M310-368 Annual Resurfacing Program $500 $500 Drainage & Flood Control M310-307A Wood River Floodway Channel Construction $7,006 $7,006 M310-461 Moores,Prairie, & Silver Creek Flood Control Design $150 $75 $75 M310-318 Comphrensive Drainage Study $65 $65 M310-382 Moores Creek Drain; Faidley to Edna Dr. - ROW purchase & construct to Rogers Well Site $120 $120 M310-439 Moores/Prairie/Silver Flood Study-Design $150 $75 $75 M310-284B Westridge Cell Acq/Construction $62 $62 Other M310-349 Comphrensive Traffic Plan Update $80 $80 M310-385 Geographic Information System (Continued development and maintenance)$50 $50 M310-383 Hike/Bike Trail Construction-Shoemaker School to North Road $420 $336 $84 TOTALS $24,456 $16,986 $1,636 $4,760 $1,425 1/15/02 Page 1 of 6 2003 Construction Season (All costs in $1,000s) (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-410 Annual Paving Petition Program $500 $500 M310-386 S. Locust, Floodway to I-80, Bridge C0040 4120R $1,060 $848 $212 M310-388 S. Locust, Floodway to I-80, Bridge C0040 4125R $1,095 $876 $219 M310-463 Construction E&I - Two bridges over Platte (C0040-4120R & 4125R)$275 $220 $55 M310-407 S. Locust; Hwy 34 to I-80 - Additional Landscaping $60 $48 $12 M310-311 Garland Ave paving - Blaine to HWY 34 $125 $125 M310-Downtown Alley Improvements (Phase IV)$200 $200 Street Resurfacing M310-412 Annual Resurfacing Program $749 $749 Drainage & Flood Control M310-395 Annual Major drainage Development $500 $500 M310-307A Wood River Floodway Channel Construction $7,006 $7,006 M310-460 Concrete Lining of Drainage Ditches $50 50 M310-382 Moores Creek/Drain; Faidley to Edna Dr. (Complete Construction)$348 $348 M310-459 Construction Drainway from CCC area to Wood River $420 $420 Other M310-465 Engineering Design- Hike/Bike Bridge Superstructure over 2 Platte River Channels $50 $50 M310-462 Hike/Bike Trail Construction-Cent. Comm. College to Hall County Park $200 $160 $40 M310-385 Geographic Information System (Continued development and maintenance)$50 $50 M310-384 Construct One Landscaped Gateway Node (No. 1)$25 $25 M310-425 Automated RR Horn System $125 $125 TOTALS $12,838 $7,166 $1,992 $700 $2,980 1/15/02 Page 2 of 6 2004 CONSTRUCTION SEASON (All Costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Imprv. Fund Street Construction M310-432 Annual Paving Petition Program $750 $750 M310-393 Hwy 30 East (Stuhr Road to Merrick County Line) - NDOR Project (Jul 1, 2004 - Jun 30, 2005 $5,743 $5,291 $452 Street Resurfacing M310-433 Annual Resurfacing Program $749 $749 Drainage & Flood Control M310-413 Annual Major Drainage Development $500 $500 M310-464 Concrete Lining of Drainage Ditches $50 $50 Other M310-408 Hike/Bike Bridge Superstrucure over two Platte River Channels $350 $280 $70 M310-389 Hike/Bike Trail Construction, Wood River Floodway $600 $480 $120 M310-387 Construct One Landscaped Gateway Node (No. 2)$25 $25 M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 TOTALS $8,817 $6,051 $452 $750 $1,564 1/15/02 Page 3 of 6 2005 CONSTRUCTION SEASON (ALL COSTS IN $1,000's) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-409 S. Locust Grading and Median Drains for New Lanes (2005) $720 $576 $144 M310-444 Paving Petition Program $750 $750 Street Resurfacing M310-445 Annual Resurfacing Program $750 $750 Drainage & Flood Control M310-434 Annual Major Drainage Development $500 $500 M310-466 Concrete Lining of Drainage Ditches $50 $50 Other M310-447 Hike/Bike Trail Construction, to Eagle Scout Lake $500 $400 $100 M310-390 Construct One Landscaped Gateway Node (No. 3)$25 $25 M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 TOTALS $3,345 $400 $576 $750 $1,619 1/15/02 Page 4 of 6 2006 CONSTRUCTION SEASON (All Costs in $1,000's) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-468 2006 Paving Petition Program $750 $750 Street Resurfacing M310-470 Annual Resurfacing Program $749 $749 Drainage & Flood Control M310-446 Annual Major Drainage Development $500 $500 M310-467 Concrete Lining of Drainage Ditches $50 $50 Other M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 M310-397 Construct One Landscaped Gateway Node (No 4)$25 $25 M310-431 Hike/Bike Trail Construction, S. Locust (Floodway to I-80)$720 $576 $144 TOTALS:$2,844 $576 $0 $750 $1,518 1/15/02 Page 5 of 6 2007 and After Construction (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-341 S. Locust - Floodway to I-80, Surfacing New Lanes (2007)$2,750 $2,200 $550 M310-2007 Paving Petition Program $750 $750 M310-334 Widen Eddy Street Underpass to 5-lanes on south end $160 $160 M310-469 Capital Ave - HWY 281 to Webb Rd $850 $850 M310-89 Capital Ave - Webb to St. Paul Road $2,500 $2,500 M310-14 Eddy Street - 4th to 10th (5 lane)$1,615 $1,615 M310-353 Faidley Ave. - 1/4 Mile W. of Hwy 281 to North Rd.$1,200 $1,200 M310-267 Bridge replacement - Blaine and Wood R.$80 $64 $16 M310-351 Hwy 30 - Grant to Greenwich - NDOR Project (FY 2007)$3,524 $2,819 $705 M310-352 Hwy 30 - Hwy 281 to west City Limits - NDOR Project (?)$9,449 $7,559 $1,890 M310-411 Hwy 34 - Locust to Hwy 281 - NDOR Project (?)$6,679 $5,343 $1,336 Street Resurfacing M310-Annual Resurfacing Program (2007)$749 $749 Drainage & Flood Control M310-471 Annual Major Drainage Development (2007)$500 $500 M310-472 Concrete Lining of Drainage Ditches(2007)$50 $50 Other M310-414 Hike/Bike Trail Construction; S. Locust to Morman Island (Parallel to I-80)$580 $464 $116 M310-415 Construct One Landscaped Gateway Node (No 5)$25 $25 M310-435 Construct One Landscaped Gateway Node (No. 6)$25 $25 M310-385 Geographic Information System (Continued development and maintenance)$50 $50 M310-416 BLDG Improvements at West Yard $375 $375 TOTALS $31,911 $16,249 $2,200 $10,846 $2,616 1/15/02 Page 6 of 6 Item I1 #2002-38 - Approving Former Zoo Site Reuse Plan The Zoo Reuse Committee has presented a development plan to Council for the use of the former Zoo site. Council is being asked to formally accept the proposal as presented by the Committee at the January 15, 2002 study session. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: Steve Paustian Council.Now - WindStone Inc. Approved as to Form ¤ _______________ January 17, 2002 ¤ City Attorney R E S O L U T I O N 2002-38 WHEREAS, on June 5, 2001, a special election was held to determine whether it was advisable for the City to design, construct, equip, operate and maintain a new municipal zoo for the City and for the City to use its general funds from the existing 1% local sales tax and issue its negotiable general obligation bonds in the combined amount of not to exceed $5,000,000 to design, construct, and equip such municipal zoo; and WHEREAS, certified results of the election indicate that the measure failed; the existing zoo was directed to be closed; and WHEREAS, in response to such election results, the Mayor appointed a committee of individuals to gather information and make a recommendation for the future use of the zoo property and facilities; and WHEREAS, at a City Council Study Session on January 15, 2002, the committee presented their recommendations to the Mayor and City Council; and WHEREAS, implementation of the committee recommendations will be discussed at the City Council Retreat scheduled for March 5, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the recommendations of the committee appointed by the Mayor to determine the future use of the zoo property and facilities is hereby received and accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska on January 22, 2002. ____________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of January 9, 2002 through January 22, 2002 The Claims for the period of January 9, 2002 through January 22, 2002, for a total amount of $1,422,472.59. A MOTION is in order. Tuesday, January 22, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc.