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02-26-2002 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 26, 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 - Evangelist Gary Bennett, Church of Christ, 2822 West Stolley Park Road Council.Now - WindStone Inc. Item C1 Recognition of Police Officer Scott Arnold for 20 Years of Service Mayor Gnadt and the City Council will recognize Police Officer Scott Arnold for his twenty years of dedicated service to the City of Grand Island. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Item C2 Presentation of the "Howard Eakes Community Awards" by Betty Curtis Representing Clean Community Systems Betty Curtis representing Clean Community System will present the "Howard Eakes Community Awards", a new community award for beautification efforts in Grand Island. Three awards will be presented at this time. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item C3 Proclamation "Read Across America" March 4, 2002 Whereas, promoting reading for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy, the Mayor has proclaimed March 4, 2002 as "Read Across America". Deb Harder, Principal of Gates Elementary School will be present to receive this Proclamation. See attached PROCLAMATION. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, the citizens of Grand Island stand firmly committed to promoting reading as the catalyst for our students’ future academic success, their preparation for America’s jobs of the future, and their ability to compete in a global economy; and WHEREAS, Grand Island, NE has provided significant leadership in the area of community involvement in the education of our youth, grounded in the principle that educational investment is key to the community’s well being and long-term quality of life; and WHEREAS, Read Across America, a national celebration of Dr. Seuss’s birthday, promotes reading and adult involvement in the education of our community’s students; NOW, THEREFORE, I, Ken Gnadt, Mayor of Grand Island, Nebraska, do hereby proclaim March 4, 2002 as READ ACROSS AMERICA in the City of Grand Island, and recommits our community to engage in programs and activities to make America’s children the best readers in the world ; and IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this twenty-sixth day of February in the year of our Lord Two Thousand and Two. _______________________________________ Mayor of Grand Island, Nebraska Attest: _______________________________________ RaNae Edwards, City Clerk Item D1 #2002-BE-2 - Determining Benefits for 2001 Weed Abatement Program Chapter 17 – Garbage, Refuse, Waste and Weeds, Article III – Weeds, sets forth the procedure for levying special assessments against real estate on which the City has performed mowing operations during the preceding year. There are only five properties subject to special assessments for mowing during calendar year 2001. Each of these properties is owned by persons residing outside the community of Grand Island. We recommend levying the special assessments for mowing against the properties listed in the resolution as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ? _____________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-BE-2 WHEREAS, pursuant to Sections 16-230 and 16-707, Neb. R.R.S. 1943, as amended, the City Clerk of the City of Grand Island, Nebraska, gave notice at least ten days prior thereto by publication in a newspaper having general circulation in the City and by mail to persons whose addresses were known to her that the City Council would meet as a Board of Equalization to equalize special weed cutting assessments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for the purpose of assessing the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation to the various lots and pieces of ground during the 2001 season, that: 1. The special benefits accruing to the real estate hereinafter described for each cutting is the actual expense thereof plus $50.00 as costs for the City per lot or piece of ground or any combination thereof; and 2. The several lots and pieces of ground hereinafter described are respectively benefited by reason of such weed elimination as follows: Name/Address Description Assessment EquiCredit PO Box 44133 Jacksonville, FL 32231 Lot 23, Sass 2nd Subdivision 350.00 Jerry Sobieszyk Rt 1, Box 141 Sargent, NE 68874 Lot 1, Box 13, Lambert's Addition 125.00 Metro Publishing Tom Davis PO Box 6392 Lincoln, NE 68506 Lot 5, Block 3, Original Town 140.00 Dale W. Benson, et al 706 W. Pine Street Exeter, CA 93221 Lot 2, College Addition to West Lawn 125.00 Phyllis Nurnberg PO Box 1195 Hastings, NE 68901 Lot 12, Block 2, Riverside Acres 125.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item D2 #2002-BE-3 - Determining Benefits for Street Improvement District 1237, Wortman Drive All work has been completed and special assessments have been calculated for the District. The Certificate of Final Completion was approved by Council on January 22, 2002. The total to be assessed, including Engineering Services equals $399,311.75. The Public Works Department recommends that the Council, sitting as a Board of Equalization, determine the benefits to individual properties as calculated. All costs of this District will be assessed to Central Community College. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? __________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-BE-3 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Street Improvement District 1237, 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 $399,311.75; 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 Street Improvement District 1237, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment Central Community College Lot 1, Community College Subdivision $ 36,705.79 Central Community College Lot 2, Community College Subdivision 36,709.29 Central Community College Lot 3, Community College Subdivision 34,906.12 Central Community College Lot 4, Community College Subdivision 34,902.62 Central Community College Part of Lot 5, Community College Subdivision lying north of and adjacent to Lot 2, Community College Subdivision, being 40' north and south, and 205.79' east and west 7,002.58 Central Community College Part of Lot 5, Community College Subdivision lying north of and adjacent to Lot 3, Community College Subdivision, being 60' north and south, and 300' east and west 10,503.87 Central Community College Part of the E½ of the SW¼ of Section 29-11-9 lying west of and adjacent to the west line of Wortman Drive between the north line of US Highway 34 and the south line of Lot 4, Community College Subdivision, and being within 300' of the west line of Wortman Drive 238,581.48 TOTAL $399,311.75 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on February 26, 2002. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Richard and Pat Hartman for Conditional Use Permit for Gravel Pumping Facilities at 5075 South Locust Street Richard and Pat Hartman have submitted an application with the City Clerk's Office for a Conditional Use Permit for a gravel pumping facility located at 5075 South Locust Street. This request has been reviewed by the Building, Legal, Utilities, Planning and Public Works Departments. It is appropriate at this tine to solicit public comment. the action item is contained under the Consent Agenda. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Craig Lewis Council.Now - WindStone Inc. WILDWOOD DR E LOCUST ST S# Floodway Boundary # Floodway Boundary N 1000 0 1000 2000 3000 4000 5000 Feet 5075 South Locust Item E2 Public Hearing on Request of Balz, Inc. dba Balz Sports Bar, 3421 West State Street, for Addition to Premise to Liquor License "C- 39140" Balz, Inc. dba Balz Sports Bar, 3421 West State Street, has submitted an application with the City Clerk's Office for an Addition to Premise Liquor License, in conjunction with their Class "C-39140" Liquor License presently held. The request would add an area of approximately 28' x 35' to the north portion of the main floor in the building located at 3421 West State Street. This application has been reviewed by the Building, Fire, Health and Police Departments. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item E3 Public Hearing on Request of Dolphin Enterprise NE, LLC dba Conoco 1 Stop, 2105 West 2nd Street for Change of Location to Liquor License "C-49918" from 2107 West 2nd Street Dolphin Enterprise NE LLC, dba Conoco 1 Stop, 2105 West 2nd Street, has submitted an application with the City Clerk's Office for a change of location for their current liquor license "C-49918" from 2107 West 2nd Street to 2105 West 2nd Street. This application has been reviewed by the Building, Fire, Health and Police Departments. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item E4 Public Hearing on Reconfiguration of Detention Cell at Eagle Run Including Acquisition of Real Estate The Robert M. Allen Family Limited Partnership, the owner of Eagle Run, has requested that Detention Cell B–6A previously dedicated to the City of Grand Island be reconfigured as shown on the attached drawing in order to accommodate future commercial development of Meadowlark West Fourth Subdivision. The Public Works Department has reviewed and approved the reconfiguration. There are three actions before the Council in connection with this matter, including (a) a public hearing on the reconfiguration of the detention cell, including acquisition of real estate located west of the cell in consideration of abandonment of the northerly portion of the existing cell, (b) an ordinance approving acquisition of the reconfigured cell as Outlot “A”, and (c) approving an exchange agreement swapping the existing detention cell B-6A tract for Outlot “A”. Other than the cost of preparation of documents for presentation to the City Council and the publication of a notice of public hearing, the City of Grand Island is incurring no other expenses in connection with the estrange transaction. We recommend that the ordinance and resolution be approved as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Item F1 #8697 - Consideration of Creating Street Improvement District #1240 for Mansfield Road, Allen Avenue and Morrison Drive in Grand West 2nd Subdivision. This Ordinance provides for the creation of Street Improvement District #1240 for Mansfield Road, Allen Avenue and Morrison Drive in Grand West 2nd Subdivision. This ordinance provides for the district creation and is subject to protest by adjacent property owners. The formation of the district is in accordance with State law. A 20 day protest period follows the publication of creation of the District. Approval is recommended. See attached ORDINANCE. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _____________ February 22, 2002 ? City Attorney ORDINANCE NO. 8697 An ordinance to create Street Improvement District No. 1240; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1240 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest corner of Lot One (1), Grand West Third Subdivision; thence east on the north line of said Lot One (1), Grand West Third Subdivision to the northeast corner of Lot One (1), Grand West Third Subdivision; thence south on the east line of Lots One (1) and Two (2), Grand West Third Subdivision; thence southeasterly on the northerly line of Lots Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), Twelve (12), Thirteen (13), and Fourteen (14), Grand West Third Subdivision; thence east on the north line of Lots Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18), Grand West · This Space Reserved for Register of Deeds · ORDINANCE NO. 8697 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney Third Subdivision to the northeast corner of Lot Eighteen (18) Grand West Third Subdivision; thence south on the east line of Grand West Third Subdivision; thence west on the south line of Grand West Third Subdivision to the northeast corner of Lot Twenty Six (26), Grand West Subdivision; thence northwesterly on the southerly line of Lots Twenty Three (23), Twenty Four (24), Twenty Five (25), Twenty Six (26), Twenty Seven (27), Twenty Eight (28), Twenty Nine (29), Thirty (30), Thirty One (31), Thirty Two (32) and Thirty three (33), Grand West Third Subdivision; thence west on the south line of Lot Thirty Four (34), Grand West Third Subdivision and a prolongation thereof to a point Three Hundred (300.0) feet west of the west line of Mansfield Road; thence north on a line Three Hundred (300.0) feet west of and parallel to the west line of Mansfield Road for a distance of Four Hundred Ninety Two and Seventy Six Hundredths (492.76) feet; thence east on a line for a distance of Three Hundred Sixty (360.0) feet to the point of beginning, all as shown on the plat dated September 18, 2001, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. The following streets in the district shall be improved by paving and other incidental work in connection therewith: Mansfield Road, Allen Avenue, and Morrison Drive within Grand West Third Subdivision in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost, but the cost thereof, shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordina nce shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. ORDINANCE NO. 8697 (Cont.) - 3 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8717 - Consideration of Creating Alley Improvement District 1242 This Ordinance would establish Phase IV of the Downtown Alley Improvement project. District #1242 is located between 3rd and Front Streets from Elm to Cedar Street. If passed and constructed, Special Assessments would be levied against the property owners for improvements. Credit would be given to property owners for existing pavement and storm sewer mains. Laterals for downspouts, window well closures, etc. would be part of the costs assessed to individual properties. The Public Works Department recommends approval of these Districts. Most of the costs will be the City's with a small portion of the costs to be reclaimed through Special Assessments. The costs for the project are in the approved budget for FY 2002. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form – _____________ February 22, 2002 • City Attorney ORDINANCE NO. 8717 An ordinance to create Alley Improvement District No. 1242; to define the boundaries of the district; to provide for the improvement of an alley within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Alley Improvement District No. 1242 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point where the east line of Cedar Street intersects a prolongation of the north line of Block Fifty Nine (59) Original Town; thence south on the east line of Cedar Street to the north line of Third Street; thence west on the north line of Third Street and a prolongation thereof to the west line of Elm Street; thence north on the west line of Elm Street to a point where it intersects a prolongation of the north line of Block Fifty Nine (59) Original Town; thence east on the north · This Space Reserved for Register of Deeds · ORDINANCE NO. 8717 (Cont.) - 2 - Approved as to Form – ___________ February 22, 2002 • City Attorney line of Block Fifty Nine (59) Original Town and a prolongation thereof to the point of beginning, all as shown on the plat dated November 29, 2001, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by paving and other incident al work in connection therewith: The alley between Elm Street and Cedar Street, between Third Street and the Union Pacific Railroad right-of-way, in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost. The cost and expense of extending, but not replacing the existing storm water sewer lines shall be levied upon the lots and lands abutting the public right-of-way in which such extensions are constructed to the extent specially benefited thereby. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 8717 (Cont.) - 3 - Approved as to Form – ___________ February 22, 2002 • City Attorney Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8718 - Consideration of Creating Alley Improvement District 1243 This Ordinance would establish Phase IV of the Downtown Alley Improvement project. District #1243 is located between 3rd and Front Streets from Cleburn to Elm Street. If passed and constructed, Special Assessments would be levied against the property owners for improvements. Credit would be given to property owners for existing pavement and storm sewer mains. Laterals for downspouts, window well closures, etc. would be part of the costs assessed to individual properties. The Public Works Department recommends approval of these Districts. Most of the costs will be the City's with a small portion of the costs to be reclaimed through Special Assessments. The costs for the project are in the approved budget for FY 2002. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form – _____________ February 22, 2002 • City Attorney ORDINANCE NO. 8718 An ordinance to create Alley Improvement District No. 1243; to define the boundaries of the district; to provide for the improvement of an alley within the district by paving, curbing, guttering, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Alley Improvement District No. 1243 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at a point where the east line of Elm Street intersects a prolongation of the north line of Block Sixty (60), Original Town; thence south on the east line of Elm Street to the north line of Third Street; thence west on the north line of Third Street and a prolongation thereof to the west line of Cleburn Street; thence north on the west line of Cleburn Street to a point where it intersects a prolongation of the north line of Block Sixty (60), Original Town; thence east on the north line of · This Space Reserved for Register of Deeds · ORDINANCE NO. 8718 (Cont.) - 2 - Approved as to Form – ___________ February 22, 2002 • City Attorney Block Sixty (60), Original Town and a prolongation thereof to the point of beginning, all as shown on the plat dated November 29, 2001, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. The following alley in the district shall be improved by paving and other incidental work in connection therewith: The alley between Cleburn Street and Elm Street, between Third Street and the Union Pacific Railroad right-of-way, in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island and approved by the Mayor and City Council. SECTION 4. All improvements shall be made at public cost. The cost and expense of extending, but not replacing the existing storm water sewer lines shall be levied upon the lots and lands abutting the public right-of-way in which such extensions are constructed to the extent specially benefited thereby. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 8718 (Cont.) - 3 - Approved as to Form – ___________ February 22, 2002 • City Attorney Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8719 - Consideration of Establishing Assessments for Street Improvement District 1237, Wortman Drive This item relates to the action taken earlier whereby the council acted as the Board of Equalization and determined benefits associated with Street Improvement District #1237, Wortman Drive. This District was established December 5, 2000 by Ordinance #8643, in order to provide paving, curbing, guttering, storm drainage, and other incidental work. Construction was completed in Fall 2001. The Public Works Department recommends that Council pass an Ordinance to levy the special assessments. See attached ORDINANCE. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? __________ February 22, 2002 ? City Attorney ORDINANCE NO. 8720 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2001 season in proportion to the special benefits to such real estate as determined and assessed by the City Council sitting as a Board of Equalization after due notice thereof, in the following amounts: Name/Address Description Assessment EquiCredit PO Box 44133 Jacksonville, FL 32231 Lot 23, Sass 2nd Subdivision 350.00 Jerry Sobieszyk Rt 1, Box 141 Sargent, NE 68874 Lot 1, Box 13, Lambert's Addition 125.00 Metro Publishing Tom Davis PO Box 6392 Lincoln, NE 68506 Lot 5, Block 3, Original Town 140.00 Dale W. Benson, et al 706 W. Pine Street Exeter, CA 93221 Lot 2, College Addition to West Lawn 125.00 Phyllis Nurnberg PO Box 1195 Hastings, NE 68901 Lot 12, Block 2, Riverside Acres 125.00 ORDINANCE NO. 8720 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the General Fund Account No. 100.101.04135, from which fund the cost of such improvement was paid, and to apply interest earned on such delinquent assessments to General Fund Account No. 100.101.04160. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. SECTION 7. 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: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #8720 - Consideration of Establishing Assessments for 2001 Weed Abatement Program Chapter 17 – Garbage, Refuse, Waste and Weeds, Article III – Weeds, sets forth the procedure for levying special assessments against real estate on which the City has performed mowing operations during the preceding year. There are only five properties subject to special assessments for mowing during calendar year 2001. Each of these properties is owned by persons residing outside the community of Grand Island. We recommend levying the special assessments for mowing against the properties listed in the resolution as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ? __________ February 22, 2002 ? City Attorney ORDINANCE NO. 8720 An ordinance levying a special tax to pay the cost to the City of cutting, destroying, and removing weeds, grasses, or worthless vegetation, pursuant to Sections 17-36 and 17-38 of the Grand Island City Code upon certain lots and pieces of ground; providing for the collection thereof; repealing ordinances or parts of ordinances in the Grand Island City Code in conflict herewith; and providing for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A special tax is hereby levied for the cost of cutting, destroying, and removing weeds, grasses, or worthless vegetation upon the hereinafter described lots and pieces of ground during the 2001 season in proportion to the special benefits to such real estate as determined and assessed by the City Council sitting as a Board of Equalization after due notice thereof, in the following amounts: Name/Address Description Assessment EquiCredit PO Box 44133 Jacksonville, FL 32231 Lot 23, Sass 2nd Subdivision 350.00 Jerry Sobieszyk Rt 1, Box 141 Sargent, NE 68874 Lot 1, Box 13, Lambert's Addition 125.00 Metro Publishing Tom Davis PO Box 6392 Lincoln, NE 68506 Lot 5, Block 3, Original Town 140.00 Dale W. Benson, et al 706 W. Pine Street Exeter, CA 93221 Lot 2, College Addition to West Lawn 125.00 Phyllis Nurnberg PO Box 1195 Hastings, NE 68901 Lot 12, Block 2, Riverside Acres 125.00 ORDINANCE NO. 8720 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney SECTION 2. Such special tax shall be due and payable to the City thirty (30) days after such levy and shall become delinquent fifty (50) days after such levy. After the same shall become delinquent, interest at the rate of 14 percent (14%) per annum shall be paid thereon. The same shall be collected in the same manner as other city taxes. SECTION 3. Such special taxes shall be collected by the Finance Director of the City of Grand Island, Nebraska, as provided by law. SECTION 4. Such special taxes, if not previously paid, shall be certified to the County Clerk at the same time as the next certification for general revenue purposes. SECTION 5. Such special taxes, when received, shall be applied to reimburse the General Fund Account No. 100.101.04135, from which fund the cost of such improvement was paid, and to apply interest earned on such delinquent assessments to General Fund Account No. 100.101.04160. SECTION 6. All ordinances or parts of ordinances or provisions in the Grand Island City Code in conflict herewith be, and the same hereby are, repealed. SECTION 7. 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: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #8721 - Consideration of Conveyance of Real Estate in Meadowlark West Third Subdivision and Part of the SE1/4NE1/4 of Section 13-11-10 to Reconfigure Detention Cell The Robert M. Allen Family Limited Partnership, the owner of Eagle Run, has requested that Detention Cell B–6A previously dedicated to the City of Grand Island be reconfigured as shown on the attached drawing in order to accommodate future commercial development of Meadowlark West Fourth Subdivision. The Public Works Department has reviewed and approved the reconfiguration. There are three actions before the Council in connection with this matter, including (a) a public hearing on the reconfiguration of the detention cell, including acquisition of real estate located west of the cell in consideration of abandonment of the northerly portion of the existing cell, (b) an ordinance approving acquisition of the reconfigured cell as Outlot “A”, and (c) approving an exchange agreement swapping the existing detention cell B-6A tract for Outlot “A”. Other than the cost of preparation of documents for presentation to the City Council and the publication of a notice of public hearing, the City of Grand Island is incurring no other expenses in connection with the estrange transaction. We recommend that the ordinance and resolution be approved as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ? _____________ February 22, 2002 ? City Attorney ORDINANCE NO. 8721 An ordinance to direct and authorize the conveyance of a tract of land located in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; 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. The conveyance to Robert M. Allen Family Limited Partnership of a tract of land known as Detention Cell B-6A located in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows is hereby authorized and directed: To ascertain the actual point of beginning, commence at the southeast corner of said Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4); thence running north on the east line of said Section Thirteen (13) for a distance of Seven Hundred (700.0) feet; thence deflecting left ninety degrees and no minutes (90º00') and running west on a line for a distance of Two Hundred Seventy (270.0) feet to the actual point of beginning; thence continuing west on said line for a distance of Two Hundred Thirty (230.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running north on a line for a distance of Two Hundred Seventy (270.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running east on a line for a distance of Two Hundred Thirty (230.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running south on a line for a distance of Two Hundred Seventy (270.0) feet to the actual point of beginning; said tract of land containing 62,100 square feet, or 1.4 acres, more or less, identified as Cell B-6A as shown on Exhibit "B" dated 2-6-74, attached hereto and incorporated herein by reference. The description herein is set out in a Warranty Deed dated July 23, 1974 and recorded on July 31, 1974 in ORDINANCE NO. 8721 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney Miscellaneous Records Book 175, Page 526 in the Office of the Register of Deeds, Hall County, Nebraska. SECTION 2. The consideration for such conveyance shall be the acquisition of a tract of land consisting of approximately 1.47 acres, more or less, located in a part of Lot Six (6), Meadowlark West Third Subdivision to be used for the reconfiguration of such detention cell. Such conveyance shall be conditioned upon the terms and conditions of an Exchange Agreement between the parties. A title insurance policy is not required to be furnished by the City. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance agains t the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to Robert M. Allen Family Limited Partnership, a deed for ORDINANCE NO. 8721 (Cont.) - 3 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. 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. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F7 #8722 - Approving Conveyance of Community Development Property at 1122 East 9th Street On January 18, 2002, the Community Projects Department, Community Development Division, received proposals from developers to build three single-family dwellings for resale under the Homeownership Opportunity Program. The homes are to be built on the vacant lots located at 1115 East 9th, 1119 East 9th and 1122 East 9th Street. Specifications were written for each house independently. The sets of specifications called for three 3-bedroom houses with unfinished basements and single car attached garage. The developers were asked to submit a price for the resale of the homes, as well as the purchase of the lots. Six proposals were received for the property at 1122 East 9th Street (lot 7). The City Council, at their meeting of February 12, 2002, approved an agreement with Star Homes for purchase of the lot for $1 and resale of the home for $60,264.67. The City will sell the dwellings, upon completion, for the developer under the Homeownership Opportunity Program. The City will provide down-payment assistance to qualified low-to-moderate income homebuyers. This ordinance will approve the conveyance of the property to Star Homes. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Approved as to Form * ___________ February 22, 2002 * City Attorney ORDINANCE NO. 8722 An ordinance to direct and authorize the conveyance of a tract of land comprising of Lot Seven (7), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; 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 ISLAN D, NEBRASKA: SECTION 1. The conveyance to Star Homes of a tract of land comprising of Lot Seven (7), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00). Conveyance of the real estate above described may be by deed, upon delivery of the consideration. Such conveyance shall be conditioned upon the terms and conditions of a Contract Agreement, including the construction of a 3-bedroom house with an unfinished basement and a single car attached garage. A title insurance policy is not required to be furnished by the City. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. ORDINANCE NO. 8722 (Cont.) - 2 - Approved as to Form * ___________ February 22, 2002 * City Attorney SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to Star Homes a deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. 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. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F8 #8723 - Approving Conveyance of Community Development Property at 1119 East 9th Street On January 18, 2002, the Community Projects Department, Community Development Division, received proposals from developers to build three single-family dwellings for resale under the Homeownership Opportunity Program. The homes are to be built on the vacant lots located at 1115 East 9th, 1119 East 9th, and 1122 East 9th Street. Specifications were written for each house independently. The sets of specifications called for three 3-bedroom houses with unfinished basements and single car attached garages. The developers were asked to submit a price for the resale of the homes, as well as the purchase of the lots. Six proposals were received for the property at 1119 East 9th Street (lot 8). The City Council, at their meeting of February 12, 2002, approved the sale of the lot to Star Homes in the amount of $1 and resale of the home for $61,119.31. The City will sell the dwellings, upon completion, for the developer under the Homeownership Opportunity Program. The City will provide down-payment assistance to qualified low-to-moderate income homebuyers. This ordinance will approve the conveyance of the property to Star Homes. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Approved as to Form * ___________ February 22, 2002 * City Attorney ORDINANCE NO. 8723 An ordinance to direct and authorize the conveyance of a tract of land comprising of Lot Eight (8), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; 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 ISLAN D, NEBRASKA: SECTION 1. The conveyance to Star Homes of a tract of land comprising of Lot Eight (8), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Dollar ($1.00). Conveyance of the real estate above described may be by deed, upon delivery of the consideration. Such conveyance shall be conditioned upon the terms and conditions of a Contract Agreement, including the construction of a 3-bedroom house with an unfinished basement and a single car attached garage. A title insurance policy is not required to be furnished by the City. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. ORDINANCE NO. 8723 (Cont.) - 2 - Approved as to Form * ___________ February 22, 2002 * City Attorney SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to Star Homes a deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. 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. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F9 #8724 - Approving Conveyance of Community Development Property at 1115 East 9th Street On January 18, 2002, the Community Projects Department, Community Development Division, received proposals from developers to build three single-family dwellings for resale under the Homeownership Opportunity Program. The homes are to be built on the vacant lots located at 1115 East 9th, 1119 East 9th, and 1122 East 9th Street. Specifications were written for each house independently. The sets of specifications called for three 3-bedroom houses with unfinished basements and single car attached garages. The developers were asked to submit a price for the resale of the homes, as well as the purchase of the lots. Six proposals were received for the property at 1115 East 9th Street (lot 9). The City Council, at their meeting of February 12, 2002, approved the sale of the lot to Galvan Construction in the amount of $100 and resale of the home for $62,500. This ordinance will approve the conveyance of the property to Galvan Construction. The City will sell the dwellings, upon completion, for the developer under the Homeownership Opportunity Program. The City will provide down-payment assistance to qualified low-to-moderate income homebuyers. This ordinance will approve the conveyance of the property to Galvan Construction. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. Approved as to Form * ____________ February 22, 2002 * City Attorney ORDINANCE NO. 8724 An ordinance to direct and authorize the conveyance of a tract of land comprising of Lot Nine (9), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for the giving of notice of such conveyance and the terms thereof; to provide for the right to file a remonstrance against such conveyance; 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. The conveyance to Galvan Construction of a tract of land comprising of Lot Nine (9), Lincoln View Estates Subdivision in the City of Grand Island, Hall County, Nebraska; is hereby authorized and directed. SECTION 2. The consideration for such conveyance shall be One Hundred Dollars ($100.00). Conveyance of the real estate above described may be by deed, upon delivery of the consideration. Such conveyance shall be conditioned upon the terms and conditions of a Contract Agreement, including the construction of a 3-bedroom house with an unfinished basement and a single car attached garage. A title insurance policy is not required to be furnished by the City. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish such notice. ORDINANCE NO. 8724 (Cont.) - 2 - Approved as to Form * ___________ February 22, 2002 * City Attorney SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by legal electors of the City of Grand Island equal in number to thirty percent of the electors of the City of Grand Island voting at the last regular municipal election held in such City be filed with the city council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor and City Clerk shall make, execute and deliver to Galvan Construction a deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordina nce 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: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F10 #8725 - Consideration of Vacation of Easement at Lot 1 Riverside Third Subdivision The Utilities Department has received a request from Clark Gauthier to vacate the easement located at just to the west of Blaine Street at Lot One (1),Riverside Third Subdivision. The request is provided to create a housing lot. The application has been reviewed by the Public Works, Utilities, Building, Planning and Legal Departments. Approval is recommended. See attached ORDINANCE. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Robert H. Smith Council.Now - WindStone Inc. Council.Now - WindStone Inc. Approved as to Form? ____________ February 22, 2002 ? City Attorney ORDINANCE NO. 8725 An ordinance to vacate an existing twenty (20.0) foot wide electrical easement located in Lot One (1), Riverside Farm Third Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing twenty (20.0) foot wide electrical easement located in Lot One (1), Riverside Farm Third Subdivision in the city of Grand Island, Hall County, Nebraska, as shown on the attached drawing, is hereby vacated. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. * This Space Reserved for Register of Deeds * ORDINANCE NO. 8725 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the drawing, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F11 #8726 - Consideration of Vacation of Easements in Meadowlark West 3rd Subdivision. Easements were dedicated on Meadowlark West 3rd Subdivision when the plat was filed. Easements must be vacated by an ordinance. Changes were made to the alignment of utilities during construction. Meadowlark West 4th Subdivision is being platted with new utility easements and some of the existing utility easements need to be vacated. Meadowlark West 4th Subdivision will be before the Regional Planning Commission March 6, 2002 and the City Council on March 12, 2002. The Public Works, Planning and Utilities Departments recommend passing the Ordinance vacating the utility easements on Meadowlark West 3rd Subdivision. See Attached ORDINANCE. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form? ____________ February 22, 2002 ? City Attorney ORDINANCE NO. 8726 An ordinance to vacate existing easements located in Meadowlark West Third Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing easements located in Meadowlark West Third Subdivision in the city of Grand Island, Hall County, Nebraska, as shaded and identified on the attached drawing dated February 19, 2002, and incorporated herein by reference, are hereby vacated. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. * This Space Reserved for Register of Deeds * ORDINANCE NO. 8726 (Cont.) - 2 - Approved as to Form ? ___________ February 22, 2002 ? City Attorney SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the drawing, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 26, 2002. ____________________________________ Ken Gnadt, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of January 22, 2002 The Minutes of the January 22, 2002 Civil Service Meeting are submitted. See attached MINUTES. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Brenda Sutherland Council.Now - WindStone Inc. Human Resources Department CITY OF GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION January 22, 2002 Roll Call: Members Present: Leeper,Burns, Hilligas Members Absent: None Also Present: Sutherland, Rowell Leeper called the meeting to order at 8:40 a.m. Notice of meeting was published in the January 19, 2002, edition of the Grand Island Independent. Hilligas moved to approve the Minutes of the January 16, 2002, meeting. Burns seconded the motion, which carried unanimously upon roll call vote. The Commission received a request from the Fire Department to certify candidates to fill one Firefighter position. Hilligas moved to certify the top three names, namely, Lilienthal, Backer and Goldfelder. Burns seconded the motion, which carried unanimously upon roll call vote. There being no further business, Hilligas moved to adjourn the meeting at 8:45 a.m. Burns seconded the motion, which carried unanimously upon roll call vote. Respectfully submitted, Brenda Sutherland, Secretary Approved by Civil Service Commission: 2/19/02 Civil Service Commission Copies of approved Minutes to: City Clerk Item G2 Receipt of Official Document - Tort Claim Filed by Wayne A. and Nora G. Devine The City of Grand Island has received a Notice of Tort Claim on behalf of Wayne and Norma Devine alleging certain claims in connection with an alleged sanitary backup on or about December 23, 2001. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Wayne and Norma Devine is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. This is not an item for council action other than to simply acknowledge that the claim has been received. The claim has been referred to the City’s insurer for review. It is recommended that Council take no action other than acknowledging receipt of the claim. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Item G3 Receipt of Official Document - Tort Claim Filed by Jack D. and Annette L. Stratman The City of Grand Island has received a Notice of Tort Claim on behalf of Jack D. and Annette L. Stratman alleging certain claims in connection with an alleged sanitary backup on or about December 23, 2001. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Jack D. and Annette L. Stratman is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. This is not an item for council action other than to simply acknowledge that the claim has been received. The claim has been referred to the City’s insurer for review. It is recommended that Council take no action other than acknowledging receipt of the claim. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Item G4 Receipt of Official Document - Tort Claim Filed by Victor L. Gosda The City of Grand Island has received a Notice of Tort Claim on behalf of Victor L. Gosda alleging certain claims in connection with an alleged sanitary backup on or about December 15, 1999, February 19, 2001 and February 21, 2001. Without getting into issues concerning the City’s and other parties’ liability, and whether the claim of Victor L. Gosda is fair and reasonable, we are simply providing a copy of this claim to you in compliance with the Nebraska Political Subdivision Tort Claims Act. This is not an item for council action other than to simply acknowledge that the claim has been received. The claim has been referred to the City’s insurer for review. It is recommended that Council take no action other than acknowledging receipt of the claim. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Item G5 Approving Minutes of February 12, 2002 City Council Regular Meeting The Minutes of the February 12, 2002 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, February 26, 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 February 12, 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 February 12, 2002. Notice of the meeting was given in the Grand Island Independent on February 6, 2002. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Seifert, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. Councilmembers Ward and Larson were absent. 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 John Dahlstrom, First Church of Christ Scientist. PRESENTATIONS AND PROCLAMATIONS: Musical Presentation by Senior High Show Choir, “Ultimate Inage”. The Grand Island Senior High Show Choir, "Ultimate Image" under the direction of Joni Ramsey, presented two musical selections. On January 26, 2002 this group received a Grand Champion at the Omaha Westside Invitational in Omaha and on February 5, 2002 they received a gold rating at the State Show Choir Competition in Lincoln. They will be competing at the Regional Competition in Council Bluffs, Iowa on February 23, 2002. It’s About Kids! Barb Zaruba presented an It’s About Kids! asset. Proclamation “Abbott Sisters’ Day” March 20, 2002. The Mayor proclaimed March 20, 2002 as "Abbott Sisters' Day" and urged all citizens to recognize the remarkable contributions and selfless dedication of Grace and Edith Abbott to the citizens of Nebraska and the nation. Proclamation “Random Acts of Kindness Week” February 10-16, 2002. The Mayor proclaimed February 10-16, 2002 as "Random Acts of Kindness Week". Gloria Wolbach representing the Acts of Kindness Ladies was present to speak about the Random Acts of Kindness Week and to receive the Proclamation. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Five individuals reserved time to speak on agenda items. David Plautz, 4063 Manchester Road, representing Diamond Engineering, requested that the Council authorize staff to not open a re-bid on Friday, February 15, 2002 for Water Main District’s #434T, 437, 438T and 439T and Sanitary Sewer District #499T. City Attorney Charlie Cuypers addressed the issue of incorrect figures on both bids sub mitted at the Page 2, City Council Regular Meeting, February 12, 2002 first bid opening. Councilmember Pielstick stated that the re-bid was fair and should be opened on Friday, February 15, 2002. PUBLIC HEARINGS: Public Hearing on One and Six Year Street Improvement Plan. Steve Riehle, Public Works Director, reported that the Engineering Division of the Public Works Department had prepared a proposed One and Six Year Street Improvement Plan as required by State Statutes. The plan was referred to the Regional Planning Commission and was approved at their February 6, 2002 meeting. The plan addressed streets, trails and drainage improvements throughout the City and was intended to prioritize needs and address federal and local funding availability. The plan must be submitted to the Nebraska Department of Roads by March 1, 2002. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located on Stuhr Road, South of Seedling Mile Road. (Kenneth & Margaret Nienhueser) Gary Mader, Utilities Director, reported that acquisition of a utility easement relative to the property of Kenneth and Margaret Nienhueser, located along the east side of Stuhr Road, south of Seedling Mile Road in the NW 1/4 of Section 14, Township 11 North, Range 9 West, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to relocate overhead power lines. 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: #8697 – Consideration of Creating Street Improvement District #1240, Grand West 3rd Subdivision (Mansfield Road, Allen Avenue and Morrison Drive) be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on its first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in this ordinance? Lisa Heineman, 4077 Dack Avenue, spoke in opposition. Ben Kistler, 4094 Zola Lane, spoke with regards to the detention cell. Councilmember Seifert spoke regarding concerns about the detention cell and the developer. No further public testimony was heard. City Clerk: Ordinance #8697 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Hornady, Whitesides, Murray, Haase and Sorensen voted aye. Councilmembers Pielstick, Seifert and Walker voted no. Mayor Gnadt cast the sixth and deciding vote in support. Motion was adopted. Page 3, City Council Regular Meeting, February 12, 2002 City Clerk: Ordinance #8697 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmembers Hornady, Murray and Sorensen voted aye. Councilmember Pielstick, Seifert, Whitesides, Haase and Walker voted no. Motion failed. CONSENT AGENDA: Motion by Pielstick, second by Seifert, carried unanimously to approve the Consent Agenda. Receipt of Official Document – Civil Service Minutes of January 16, 2002. Approving Minutes of January 22, 2002 City Council Regular Meeting. Approving Appointments of John O’Meara, Donald Skeen and Steve Grubbs to the Building Code Advisory Board Effective January 1, 2002 and Expiring August 1, 2004. Approving Appointments of Gene Meester, Doug Fangmeier, Randy Hiatt, Bruce Kleint, Craig Lewis and Dean Mathis to the Electrical Board Effective Immediately and Expiring December 31, 2002. Approving Appointments of Norm Nietfeldt, Mike McElroy, Loren Peterson, Craig Lewis and Clark Kalkowski to the Gas Fitters and Appliance Installers Board Effective Immediately and Expiring December 31, 2002. Approving Appointments of Herman Meyer, Dan Middleton, Jennifer Herman, Ryan King and Clark Kalkowski to the Plumbing Board Effective Immediately and Expiring December 31, 2002. #2002-40 – Approving Authorization for City Treasurer to Issue and Sell Stocks. #2002-41 – Approving Final Plat and Subdivision Agreement for V & C Subdivision. Chad Nabity reported that Margaret & Kenneth Nienhueser, owners, had submitted the final plat for V & C Subdivision, located north of Swift Road, and east of Stuhr Road for the propose to develop 1 lot on a currently unplatted parcel of land in the W 1/2 of the NW 1/4 14-11-9. #2002-42 – Approving Proposal to Develop Community Development Property at 1115 East 9th Street to be sold to Star Homes in the amount of $1 and the house to be resold for $60,264.67; property at 1119 East 9th Street to be sold to Star Homes in the amount of $1 and the house to be resold for $61,119.31 and the property at 1122 East 9th Street to be sold to Galvan Construction in the amount of $100 and the house to be resold in the amount of $62,500. #2002-43 – Approving Acquisition of Utility Easement Located on Stuhr Road, South of Seedling Mile Road. (Kenneth & Margaret Nienhueser) #2002-44 – Approving Bid Award for Replacement Truck for Platte Generating Station through State Contract No. CA5701 to Husker Automotive, Lincoln, Nebraska in the amount of $25,305.27. Page 4, City Council Regular Meeting, February 12, 2002 #2002-45 – Approving Change Order #1 with Hooker Brothers Construction Company, Grand Island, Nebraska for Initial Site Preparation for Combustion Turbines for a Net Decrease of 7,902.45, for an Adjusted Contract Amount of $3,412,385.90. #2002-46 – Approving Bid Award for Engineering Services for Repair of Kimball Reservoir and Demolition of Pine Street Reservoir to CH2MHill in the amount of $108,152.00. #2002-47 – Approving Supplemental Agreement for Utility Rehabilitation Located on Highway 30 East with the Nebraska Department of Roads for a Total Cost of $124,300.00 of which the Nebraska Department of Roads will pay $99,440.00 and the City’s share is $24,860.00. #2002-48 – Approving Bid Award for (3) Unmarked Police Cars through State Contract No. CA5697 with Husker Auto Group, Lincoln, Nebraska in the Amount of $50,399.31. #2002-49 – Approving Change Order #1 for Environmental Monitoring Services at the Grand Island Regional Landfill with Midwest Laboratories, Inc., Omaha, Nebraska for an Adjusted Contract Amount of $22,947.50. #2002-50 – Approving Renewal of Maintenance Agreement No. 12 with the State of Nebraska Department of Roads. #2002-51 – Approving Bid Award for Chain Link Fencing for Webb Road Athletic Fields with American Fence Company, Grand Island, Nebraska in the Amount of $15,300.00. REQUESTS AND REFERRALS: Request of Jose’ Delmar Mateo, dba Delmar Transportation Company, 1123 East 5th Street, for Taxi Cab Company/Bus Service Permit. Charlie Cuypers, City Attorney, reported that Jose' Delmar Mateo, dba Delmar Transportation Company, 1123 East 5th Street, had submitted an application for a Taxi Cab Company/Bus Service Permit. A copy of the Certificate of Public Convenience and Necessity and Certificate of Insurance had been received as required by the Grand Island City Code. Also received was a copy of Mr. Mateo's commercial driver's license, a map setting out possible bus routes and the fee for the permit. Discussion was held concerning the parking issues of the bus at 1123 East 5th Street. Delmar Mateo was present and stated that the bus would not be parked on the street, that other arrangements had been made to store the bus. Motion was made by Murray contingent upon proper storage of the bus to approve the Taxi Cab Company/Bus Service Permit, second by Walker. Upon roll call vote, Councilmembers Hornady, Whitesides, Haase, Murray, Walker and Sorensen voted aye. Councilmembers Pielstick and Seifert voted no. Motion was adopted. RESOLUTIONS: #2002-52 – Approving One and Six Year Street Improvement Plan. Motion was made by Sorensen to approve Resolution #2002-52, second by Murray. Motion was adopted unanimously. Page 5, City Council Regular Meeting, February 12, 2002 #2002-39 – Approving Charge to Community Redevelopment Authority (CRA) to Provide Services Relative to Redevelopment of Former City Hall. Marlan Ferguson, City Administrator, reported that the administration had discussed with the Community Redevelopment Authority the possibility of providing assistance in selecting a potential developer for the former City Hall building. The CRA board had indicated informally that the Authority would accept a charge from the City and would perform the services at no charge. John Brownell, 4309 Quail Lane, representing the CRA Board spoke in support. Mr. Brownell explained that the CRA Board does not want to put the Former City Hall up for auction, but to redevelop it. Councilmember Murray stated he wants to see a quality project and was confident that the CRA Board would come up with some options. Councilmember Walker asked about the asbestos removal. City Attorney Charlie Cuypers stated it would be removed according to law. Tom O’Neill, 804 West Stolley Park Road stated that he felt the building should be sold. Tim O’Neill, 1203 South Sylvan stated that he would like to know what the building was worth and hopes the redevelopment is a success. Lisa Heineman, 4077 Dack Avenue stated that people with inside connections were given a better chance at purchasing the building and hoped that would not happen this time. Motion was made by Sorensen, second by Seifert to approve Resolution #2002-39. Motio n was adopted unanimously. PAYMENT OF CLAIMS: Motion by Whitesides, second by Pielstick, carried unanimously to approve the Claims for the period of January 23, 2002 through February 12, 2002, for a total amount of $4,596,630.49. EXECUTIVE SESSION: Motion by Hornady, second by Whitesides, carried unanimously to adjourn to executive session at 8:35 p.m. for the purpose of discussing contract negotiations. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Hornady, carried unanimously to reconve ne in regular session at 9:00 p.m. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G6 Approving Minutes of February 19, 2002 City Council Study Session The Minutes of the February 19, 2002 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, February 26, 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 February 19, 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 February 19, 2002. Notice of the meeting was given in the Grand Island Independent on February 13, 2002. Mayor Ken Gnadt called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Pielstick, Ward, Seifert, Hornady, Whitesides, Haase, Murray, Walker and Sorensen. Councilmember Larson was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said. Discussion of Possible Park Land Acquisition. Steve Paustian, Parks and Recreation Director reported that some time ago the school system sold off school land. Mr. Lowenstein bought 10 acres and contacted Mr. Paustian about making 6 acres located north of Fonner Park at Cherry Street and Sunset Avenue into a neighborhood park. Mr. Lowenstein was interested in selling four acres and leasing two more to the city for park development. This will be presented to the Council at their retreat. Update Concerning Solid Waste Fee Schedule. Steve Riehle, Public Works Director, reported that the Solid Waste Fee Schedule based on weight was implemented on October 1, 2001. The switch from volume measurement (Cubic Yards) to weight based measurement (Tons) increased the disposal fee for packed loads (ie: residential packer trucks) and decreased the disposal fee for loose loads (ie: roll off containers). A dual fee structure with a lower tipping fee for packer trucks was approved by the city council in an effort to reduce the financial impact on the residential property owner. Data available at the time indicated that the hauler's disposal fee for a packer truck could increase 7.0%, resulting in a potential increase to each household of $3.86 per year. Solid Waste Superintendent, Kevin McKennon reviewed the revenue for the time period of October 1, 2001 through December 31, 2001. The following five options were presented to the Council: 1. Do Nothing 2. 12% Increase in all Rates 3. Adjust the Rates Loose and Roll Off Containers 4. Single Rates for the Landfill and Transfer Station 5. Two Rates at the Landfill and Transfer Station Page 2, City Council Study Session, February 19, 2002 Mr. McKennon recommended option #4 “A Single Price at the Landfill and Transfer Station”. Mr. Riehle updated the council on the effect the conversion has had on the financial status of the division. He also stated that option #5 would be a workable solution. Councilmember Sorensen stated that the City should cut back instead of raising the prices to the customers. Mr. McKennon stated that there had been cut backs in the Public Works Department with cutbacks in equipment and not hiring an assistant solid waste superintendent. Councilmember Pieltstick raised concern about raising rates and having people dump illegally in the roadside ditches and other places where the City would have the expense of cleaning it up. Councilmember Seifert questioned the use of the Transfer Station. Mr. Riehle explained the use of the Transfer Station and the Landfill and the cost to the haulers. Councilmember Ward stated that the hours would have to be changed if the haulers would have to haul to the landfill. Instead of starting at 5:00 a.m. they would have to start earlier, which would not make the public happy. Tom O’Neill, 804 West Stolley Park Road, stated that charging by the yard would probably bring in more money. He stated that Council should hold off until spring when there would be more volume and the figures would change. John Luna, 712 East 8th Street, spoke concerning cubic yards versus tonnage basis. Mr. Luna suggested staying with yards. City Administrator Marlan Ferguson stated that this would be reviewed at budget time, which would give the council a more accurate picture. Review of Comprehensive Plan. Marlan Ferguson, City Administrator, reported that the Hall County Regional Planning Commission had signed a contract with JEO Consulting Group of Wahoo. Mr. Ferguson stated that JEO had a wide range of experience in planning in Nebraska and surrounding states. They would be teaming with CBB of St. Louis to update the transportation network for Grand Island that was created for the 1992 comprehensive plan. The cost of the proposed scope of services was $218,065. The Planning Commission raised $225,000 for this project in funds from member communities and grant sources. A steering committee would be formed and representatives from Council would be appointed. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G7 Approving Appointment of Luris Calero to the Public Library Board The Mayor has submitted the appointment of Luris Calero to the Public Library Board to fill a vacancy. The appointment would become effective March 1, 2002 and would expire June 30, 2004. Approval is recommended. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Fosselman Council.Now - WindStone Inc. Item G8 Approving Request of Richard and Pat Hartman for Conditional Use Permit for Gravel Pumping Facilities at 5075 South Locust Street This item relates to the aforementioned Public Hearing. Richard and Pat Hartman have submitted an application with the City Clerk's Office for a Conditional Use Permit for a gravel pumping facility located at 5075 South Locust Street. This request has been reviewed by the Building, Legal, Utilities, Planning and Public Works Departments. Approval is recommended with the following conditions, 1). The applicant shall apply for and receive a Flood Plain Development from the Building Department and Regional Planning Commission prior to any excavation or site improvement for the sand and gravel operation. 2). No storage of material or any change in the existing grade elevations shall occur in the designated Floodway Boundary Area as identified on the Floodway Boundary and Floodway Map for Hall County, issued by the Federal Emergency management Agency dated September 29, 1986. 3). A minimum setback of 300 feet shall be provided adjacent to the public streets and right of ways along Locust St. and Wildwood DR. from the pumping operations to provide for vehicular safety and future development. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Craig Lewis Council.Now - WindStone Inc. Item G9 Approving Request of Balz, Inc. dba Balz Sports Bar, 3421 West State Street, for Addition to Premise to Liquor License "C-39140" This item relates to the aforementioned Public Hearing. Balz, Inc. dba Balz Sports Bar, 3421 West State Street, has submitted an application with the City Clerk's Office for an Addition to Premise Liquor License, in conjunction with their Class "C-39140" Liquor License presently held. The request would add an area of approximately 28' x 35' to the north portion of the main floor in the building located at 3421 West State Street. This application has been reviewed by the Building, Fire, Health and Police Departments. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item G10 Approving Request of Dolphin Enterprise NE, LLC dba Conoco 1 Stop, 2105 West 2nd Street for Change of Location to Liquor License "C-49918" from 2107 West 2nd Street This item relates to the aforementioned Public Hearing. Dolphin Enterprise NE LLC, dba Conoco 1 Stop, 2105 West 2nd Street, has submitted an application with the City Clerk's Office for a change of location for their current Liquor License "C-49918" from 2107 West 2nd Street to 2105 West 2nd Street. This application has been reviewed by the Building, Fire, Health and Police Departments. Approval is recommended. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item G11 #2002-53 - Approving Bid Award - Galvanized Chain Link Fence and Gates for Platte Generating Station Due to heightened security concerns, the Utilities Department is proposing to erect security fencing at its power plants. Specifications were developed for erecting galvanized chain link fence and gates to enclose major buildings and equipment areas at the Platte Generating Station. Bids were solicited in accordance with City purchasing procedures. Specifications were sent to seven bidders, with three responses being received. The bid from Elkhorn Fence Company was rejected at the bid opening because the bid bond was not provided in accordance with bid requirements. The bid prices below include 5.0% sales tax. The engineer’s estimate for this project was $200,000.00. Hurricane Fence Company, Grand Island, NE $ 128,604.25 American Fence Company, Grand Island, NE $ 128,842.13 Department engineering staff reviewed the bids for compliance with the City’s detailed specifications. The bid from Hurricane Fence meets all the requirements of the technical specification with no exceptions. It is the recommendation of the Utilities Department that Hurricane Fence Company from Grand Island, NE be awarded the contract for this work in the amount of $128,604.25, with expenditure from Enterprise Fund 520. See attached RESOLUTION. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski Council.Now - WindStone Inc. Approved as to Form * _____________ February 22, 2002 * City Attorney R E S O L U T I O N 2002-53 WHEREAS, the City of Grand Island invited sealed bids for Galvanized Chain Link Fence and Gates for the Utilities Department, according to plans and specifications on file at the Platte Generating Station; and WHEREAS, on February 14, 2002, bids were received, opened and reviewed; and WHEREAS, Hurricane Fence Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $128,604.25; and WHEREAS, Hurricane Fence Company'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 Hurricane Fence Company of Grand Island, Nebraska, in the amount of $128,604.25 for galvanized chain link fence and gates 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 February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G12 #2002-54 - Approving Bid Award - Platte Valley Industrial Park WM Dist. 434T, 437, 438T & 439T & Sanitary Sewer Dist. 499 The Specifications provided for a combined contract with the Utilities Department and the Public Works Department for installation of water and sewer lines for the Platte Valley Industrial Park 3rd Subdivision area. The Industrial Park is located between Schimmer Drive and Wildwood Drive, and east of Highway 281. Attached for reference is a map of the project area. To facilitate economical installation of infrastructure, the Utilities Department and Public Works Department have solicited bids for this joint project. The bid package was submitted to eight (8) general contractors, seven (7) subcontractors, and six (6) information services. The bids were publicly opened at 11:00 am on February 15, 2002 in accordance with City Procurement Codes. The bid from General Excavating of Lincoln, was rejected without being opened. General failed to submit their bid on the forms bound with the Contract documents as issued, per the requirements stated in the: Instruction To Bidders; Submission Of Bids; first paragraph; first sentence. Two bids were opened and read. The bid form computations have been checked and evaluated for completeness and accuracy; and are acceptable as submitted. A summary of the two bids received is listed below: Bidder: Exceptions: Bid Price: The Diamond Engineering Co. None $1,225,225.99 – TOTAL BID Grand Island, NE $ 730,416.41 – Water $ 494,809.58 – Sewer Starostka Group Co. None $1,197,212.71 – TOTAL BID Grand Island, NE $ 656,668.45 – Water $ 540,544.26 – Sewer It is recommendation of the Utilities Department and Public Works Department that the joint contract for Water Main Districts 434T, 437, 438T, and 439T and Sanitary Sewer District 499, be awarded to the Starostka Group Co., in the amount of $1,197,212.71. Their bid is without exceptions, below the engineer's estimate of $1,972,887.95, and meets all City contract requirements. Tuesday, February 26, 2002 Council Session City of Grand Island Council.Now - WindStone Inc. Construction funds are available in Enterprise Funds 525 and 530. The project was included in each Departments FY 2001-2002 budget. See attached RESOLUTION. Staff Contact: Gary R. Mader;Steve Riehle/Dale Shotkoski Council.Now - WindStone Inc. SCHIMMER DR WILDWOOD DR U.S. HIGHWAY 281BLAINE ST.ST. JOE BRANCH U.P.R.R.GOLD CORE DR.JUERGEN RD.WOOD RI V E R EXHIBIT "A" SCALE: 1"=1000' Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-54 WHEREAS, the City of Grand Island invited sealed bids for Water Main Districts 434T, 437, 438T and 439T, and Sanitary Sewer District 499, according to plans and specifications on file at the Utility Engineering Office at Phelps Control Center; and WHEREAS, on February 15, 2002, bids were received, opened and reviewed; and WHEREAS, Starostka Group 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 $1,197,212.71; and WHEREAS, Starostka Group 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 Starostka Group Co. of Grand Island, Nebraska, in the amount of $1,197,212.71 for Water Main Districts 434T, 437, 438T and 439T, and Sanitary Sewer District 499 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 February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G13 #2002-55 - Approving Bid Award - 15.5kV, 2000 A. Outdoor Circuit Breakers The City’s electric system contains eight major electrical substations. Each substation has a number of circuit breakers used primarily for distribution feeder circuits and also for generator connection for the older generating units. The oldest of these substations is located at the Burdick Power Plant and is referred to as the Groff Street Substation. It was built in the mid 50’s. The type of circuit breaker used at the Groff Street Substation is no longer manufactured. The breakers there have been kept in operation by scavenging parts from other old breakers. The upgrade of this substation is included in the ’01 – ’02 Electric Budget. Funds are budgeted for purchase of thirteen 15,500 volt, 2,000 amp circuit breakers for the Groff Street Substation; to replace equipment dating back to 1956, provide for protective relaying and metering, reduce the oil spill hazard (the old breakers contain over 1500 gallons of oil), and to add a breaker for start up power for the new generators being built at Burdick Station. The purchase of substation circuit breakers was advertised in accordance with City procurement requirements. Specifications were sent to three regional distributors and four local distributors. Bids were publicly opened at 11:00 a.m. on February 5, 2002. Six bids were received. Bidder – Exceptions - Evaluated Bid Price Manufacturer & Product Notes FKI Tripping & Closing DC currents $222,176.00 Midwest City, OK exceed the specifications of 12 Horizon 33kV Outdoor Circuit Breaker Amp DC. Only offers C200 class %CTs; C400 Speci Crescent Electric Only offers one CT per bushing. $255,274.50 Lincoln, NE Specifications require two CTs GE 15.5kV, 2000A, 40 KAIC 110kV BIL per bushing. Kriz-Davis The bushing strike distance is $370,077.80 Grand Island, NE less than specified. Ten full Square D 15kV, 2000A, 110kV BIL, 31.5 fault interruption. Tuesday, February 26, 2002 Council Session City of Grand Island Council.Now - WindStone Inc. WESCO None $370,851.60 Grand Island, NE ABB 15kV, 2000A, 40 KAIC, 110kV BIL Energy Solutions, Inc. Breaker can’t be slow closed so $413,400.00 Omaha, NE no slow close tool will be supplied. Siemens 15.5kV, 2000A, 110kV BIL, 31.5 Kriz-Davis The bushing strike distance is $421,860.92 Grand Island, NE 11.12 inches. Specs Square D 25kV, 2000A, 150kV BIL, 31.5 require a minimum of 12 inches. % CT – Current transformers, used for instrumentation, control, and protective relaying. The lowest compliant bid is from Wesco, of Grand Island, for ABB Type V Vacuum Circuit Breakers, with no exceptions to the specifications. Wesco’s bid of $370,851.60 is below the Engineer’s estimate of $510,000. Funds are budgeted from Electric Fund 520. See attached RESOLUTION. Staff Contact: Gary R. Mader;Dale Shotkoski Council.Now - WindStone Inc. Approved as to Form *_____________ February 22, 2002 * City Attorney R E S O L U T I O N 2002-55 WHEREAS, the City of Grand Island invited sealed bids for Thirteen (13) 15.5kV, 2000 A. Outdoor Circuit Breakers for the Utilities Department, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on February 5, 2002, bids were received, opened and reviewed; and WHEREAS, Wesco 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 evaluated amount of $370,851.60 for ABB Type V Vacuum Circuit Breakers; and WHEREAS, Wesco's bid is less than the engineer’s estimate for such circuit breakers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the evaluated bid of Wesco of Grand Island, Nebraska, in the amount of $370,851.60 for ABB Type V Vacuum Circuit Breakers 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 February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G14 #2002-56 - Approving Reconfiguration of Detention Cell Including Acquisition of Real Estate and Approval of Exchange Agreement The Robert M. Allen Family Limited Partnership, the owner of Eagle Run, has requested that Detention Cell B–6A previously dedicated to the City of Grand Island be reconfigured as shown on the attached drawing in order to accommodate future commercial development of Meadowlark West Fourth Subdivision. The Public Works Department has reviewed and approved the reconfiguration. There are three actions before the Council in connection with this matter, including (a) a public hearing on the reconfiguration of the detention cell, including acquisition of real estate located west of the cell in consideration of abandonment of the northerly portion of the existing cell, (b) an ordinance approving acquisition of the reconfigured cell as Outlot “A”, and (c) approving an exchange agreement swapping the existing detention cell B-6A tract for Outlot “A”. Other than the cost of preparation of documents for presentation to the City Council and the publication of a notice of public hearing, the City of Grand Island is incurring no other expenses in connection with the estrange transaction. We recommend that the ordinance and resolution be approved as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. AGREEMENT FOR EXCHANGE OF REAL ESTATE THIS AGREEMENT is made and entered into on this _____ day of _____________, 2002, by and between the CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, hereinafter referred to as “City” and ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP, hereinafter referred to “Developer”. 1. STATEMENT OF PURPOSE. The purpose of this Agreement for Exchange of Real Estate (Exchange Agreement) is to exchange the tracts of real estate known as Detention Cell B-6A now owned by the City, hereinafter more particularly described as Tract 1, for the tract of real estate to be utilized as a reconfigured detention cell shown as Outlot “A” on the drawing attached hereto as Exhibit 1 and made a part hereof by reference; Outlot “A” being more particularly described herein as Tract 2. 2. REAL ESTATE TO BE CONVEYED. For purposes of this transaction, Detention Cell B-6A (Tract 1) shall be considered as conveyed to the Developer in exchange for the Developer conveying to the City Outlot “A” (Tract 2) as an even exchange with no net consideration paid by either party to the other. The City and the Developer shall each bear their own expenses, including obtaining at their sole discretion current commitments for owners’ policies of title insurance for Tracts 1 or 2. In the event either party elects to obtain an owner’s policy of title insurance, the commitment shall be issued not more than ten (10) days following execution of this exchange agreement and a copy provided forthwith to the other party. The grantee shall have a period of not more than twenty (20) days thereafter to examine the commitment to ascertain whether there is any defect or condition affecting the title to the insured real estate. In the event there is such a objectionable defect or condition, the grantor shall have a reasonable period of time, not to exceed forty-five (45) days, within which to cure such defect or condition and provide notice of the same to the grantee or at the grantor’s option, to provide the grantee written notice of said party’s election to cancel this exchange agreement. 3. CLOSING AND POSSESSION. The closing of the conveyances of Tracts 1 and 2 shall occur at the earliest opportunity following compliance with the terms and conditions of this exchange agreement, the statutes of the State of Nebraska and the ordinances of the City of Grand Island, whereupon the respective parties may take possession of Tracts 1 and 2 as 2 grantees. The conveyances of Tracts 1 and 2 by the respective parties shall be by warranty deed, without reservation or exceptions except those of record. 4. WARRANTIES OF PARTIES. The City and Developers warrant the following to each other as grantors respectively for Tracts 1 and 2: a. Each grantor shall have and be able to convey to the grantee at closing marketable fee simple title to their respective tract, free and clear of all liens, claims and encumbrances. b. There shall be no pending legal proceedings or actions of any kind whatsoever, or judgments or claims of any nature whatsoever pending against the grantor of their respective tract. c. There shall be no uncured violations of any federal, state, local laws, ordinances or regulations on the respective tracts. d. The respective tracts shall be in substantially the same physical condition as each is on the date of execution of this exchange agreement. e. There shall be no unpaid bills, charges, costs or expenses of any kind which create or permit the filing of a statutory lien of any kind against the respective tracts. 5. TAXES. Detention B-6A is not subject to real estate taxes while owned by the City. The Developers shall pay all real estate taxes which accrue as to Outlot A as of the date closing. 6. NOTICES. All notices envisioned under the terms and conditions of this exchange agreement shall be sent to the other party by first class United States mail, postage prepaid and addressed as follows: City of Grand Island Attn: Mayor P.O. Box 1968 Grand Island, NE 68802-1968 Robert M. Allen Family Limited Partnership 1115 West Second Street P.O. Box 987 Hastings, NE 68902-0987 3 7. CHOICE OF LAW. This exchange agreement shall be construed in accordance with the laws of the State of Nebraska and the United States of America. 8. ENTIRE AGREEMENT. This exchange agreement shall constitute the entire agreement between the City and the Developers, not withstanding any written or oral agreements to the contrary. This exchange agreement may be amended only in writing, duly reviewed, approved and executed by the respective parties. 9. BINDING EFFECT. The terms and conditions contained herein shall extend to and be obligatory on the successors, assigns, heirs and legal representatives of the parties hereto. CITY OF GRAND ISLAND, NEBRASKA, Attest: A Municipal Corporation, ____________________________ By:_________________________________________ RaNae Edwards, City Clerk Ken Gnadt, Mayor ROBERT M. ALLEN FAMILY LIMITED PARTNERSHIP, By:________________________________________ Robert M. Allen, General Partner STATE OF NEBRASKA ) ) ss: COUNTY OF HALL ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2002, by Robert M. Allen, general partner, on behalf of the Robert M. Allen Family Limited Partnership. _________________________________________________ Notary Public 4 Old Detention Cell Property Description A tract of land known as Detention Cell B-6A located in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows is hereby authorized and directed: To ascertain the actual point of beginning, commence at the southeast corner of said Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4); thence running north on the east line of said Section Thirteen (13) for a distance of Seven Hundred (700.0) feet; thence deflecting left ninety degrees and no minutes (90º00') and running west on a line for a distance of Two Hundred Seventy (270.0) feet to the actual point of beginning; thence continuing west on said line for a distance of Two Hundred Thirty (230.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running north on a line for a distance of Two Hundred Seventy (270.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running east on a line for a distance of Two Hundred Thirty (230.0) feet; thence deflecting right ninety degrees and no minutes (90º00') and running south on a line for a distance of Two Hundred Seventy (270.0) feet to the actual point of beginning; said tract of land containing 62,100 square feet, or 1.4 acres, more or less, identified as Cell B-6A as shown on Exhibit "B" dated 2-6-74, attached hereto and incorporated herein by reference. The description herein is set out in a Warranty Deed dated July 23, 1974 and recorded on July 31, 1974 in Miscellaneous Records Book 175, Page 526 in the Office of the Register of Deeds, Hall County, Nebraska. New Detention Cell Property Description A tract of land located in the City of Grand Island Detention Cell B-6A and part of Lot Six (6), Meadowlark West Third Subdivision in the City of Grand Island, Hall County, Nebraska, all in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Commencing at the southeast corner of Lot 7, Meadowlark West Third Subdivision; thence on an assumed bearing of S90º00'00"W along the south line of said Lot 7, a distance of 216.07 feet to a point being the southeast corner of said Detention Cell B-6A, said point also being the point of beginning; thence N89º52'44"W a distance of 336.73 feet; thence N00º07'16"E a distance of 190.13 feet; thence S89º51'18"E a distance of 336.73 feet; thence S00º07'16"W a distance of 189.99 feet to the point of beginning. Said tract contains 63999.42 square feet or 1.47 acres more or less, as shown on the drawing dated February 18, 2002, attached hereto as Exhibit "A" and incorporated herein by reference. Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-56 WHEREAS, Robert M. Allen Family Limited Partnership has expressed an interest in reconfiguring the detention cell known as the City of Grand Island Detention Cell B-6A in order to accommodate future development in and around Meadowlark West Third Subdivision in the City of Grand Island, Hall County, Nebraska; and WHEREAS, such property owner has recommended exchanging property with the City of Grand Island in order to reconfigure such detention cell; and WHEREAS, a public hearing was held on February 26, 2006 for the purpose of discussing the proposed acquisition of property located in the City of Grand Island Detention Cell B-6A and part of Lot Six (6), Meadowlark West Third Subdivision in the City of Grand Island, Hall County, Nebraska, all in the Southeast Quarter of the Northeast Quarter (SE1/4, NE1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Commencing at the southeast corner of Lot 7, Meadowlark West Third Subdivision; thence on an assumed bearing of S90º00'00"W along the south line of said Lot 7, a distance of 216.07 feet to a point being the southeast corner of said Detention Cell B-6A, said point also being the point of beginning; thence N89º52'44"W a distance of 336.73 feet; thence N00º07'16"E a distance of 190.13 feet; thence S89º51'18"E a distance of 336.73 feet; thence S00º07'16"W a distance of 189.99 feet to the point of beginning. Said tract contains 63999.42 square feet or 1.47 acres more or less, as shown on the drawing dated February 18, 2002, attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, an Exchange Agreement has been prepared by the City Attorney's office for such property exchange. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to acquire approximately 1.47 acres of property from Robert M. Allen Family Limited Partnership, for use in reconfiguring the existing detention cell adjacent to Lot Six (6) Meadowlark West Third Subdivision as set out in the Exchange Agreement. BE IT FURTHER RESOLVED, that the Exchange Agreement for such conveyance of property 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 February 26, 2002. Approved as to Form ? _______________ February 22, 2002 ? City Attorney _____________________________________ RaNae Edwards, City Clerk Item G15 #2002-57 - Approving Agreement with Grand Island Amateur Radio Society Relative to Project Impact BACKGROUND The City of Grand Island was awarded a federal disaster mitigation grant through the Project Impact program of the Federal Emergency Management Agency (FEMA). The purpose of the Project Impact program is to encourage the implementation of pre-disaster mitigation efforts in communities. DISCUSSION Representatives of the Grand Island Amateur Radio Society (GIARS) have approached the City requesting funding to assist with the purchase and maintenance of communications and repeater equipment that would facilitate communications in the event of natural disasters. The agreement provides that the City, through the Project Impact grant, would provide no more than $18,500 toward the purchase of disaster mitigation communications and repeater equipment to expand emergency communication capabilities to the north and east of Grand Island and that the GIARS would provide the 25% local match required by the grant. Approval is recommended. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Council.Now - WindStone Inc. AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ______________, 2002, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, hereinafter referred to as “City” and the GRAND ISLAND AMATEUR RADIO SOCIETY, INC., a non-profit corporation. WHEREAS, in accordance with the Public Law 105-65, 111 Stat. 1376, Department of Veteran Affairs and Housing and Urban Development and Independent Agencies Appropriation Act, 1998, the City was awarded a federal disaster mitigation grant, through the Project Impact program of the Federal Emergency Management Agency to encourage the implementation of a sustained pre-disaster mitigation program with activities that reduce the existing risk of natural hazard losses within the geographic al location of the designed communities; and The United States of America through the Director, Federal Emergency Management Agency (FEMA) or his delegate, agreed to grant to City of Grand Island, Nebraska funds in the amount specified on the FEMA Form 76.10, Assistance Award/Amendment, for the Federal share authorized under the Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, which authorized the Disaster Resistant Community Initiative. WHEREAS, the City is required to perform the work described in the Program Narrative/Statement of Work as provided to FEMA; and the cost share for Project Impact – Disaster Resistant Community Initiative is 75/25%; and all projects and activities associated with the Project Impact Grant must be completed by November 1, 2002. WHEREAS, the City is committed to creation of a sustainable community that is resistant to the human and economic cost of disasters; and the request of the Grand Island Amateur Radio Society is compatible with disaster mitigation goals, as set forth in the Project Impact initiative. WHEREAS, the Grand Island Amateur Radio Society has provided documentation of past mitigation activities which have supported or currently support disaster mitigation activities in Grand Island and Hall County. In addition, the GIARS has provided documentation of the history, purpose, membership, goals, budget, and insurance requirements of their organization for consideration in grant approval. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City and the Grand Island Amateur Radio Society agree as follows: 1. RESPONSIBILITIES. A. The City shall be responsible for the submission of quarterly performance reports, FEMA Form 20-10, FEMA Form 20-22, and all reimbursement forms throughout the grant performance period. B. The City as Grantee and all Sub-grantees must follow the audit requirements of OMB Circular A-133. C. For a period of three (3) years following the project completion date, semi- annual written reports shall be required of the Grand Island Amateur Radio Society commencing 6 months from the date of project completion as reported in the final Project Impact performance report. These reports shall include detailed equipment status; all maintenance performed on or in relation to the communications equipment purchased through Project Impact; license status of all members of the organization who performed maintenance on the equipment; mitigation activities for which the equipment was used in the counties of Hall, Merrick, Hamilton, Howard, Adams, and Buffalo; number of persons involved in mitigation activities utilizing the communications equipment; number of persons in the six (6) listed counties who received benefit from the communications equipment. 2. COMPENSATION. The City agrees to grant no more than $18,500 for the purchase of disaster mitigation communications and repeater equipment to expand emergency communication capabilities to the north and east of Grand Island, The Grand Island Amateur Radio Society will provide a 25% match amount, either in -kind or cash equivalent, as required by FEMA Project Impact grant guidelines. 3. TERM. Communication equipment purchased with Project Impact money shall be retained as property of the City of Grand Island for a period of three (3) years from the project completion date as reported in the final Project Impact performance report. The Sub-grantee agrees to maintain all equipment for a period of three (3) years from the project completion date as reported in the final Project Impact performance report, at which time the equipment shall become the property of the Grand Island Amateur Radio Society. This agreement shall take effect upon its approval by the City Council and execution by the Mayor, and shall terminate three (3) years from the project completion date, as reported in the final Project Impact performance report. 4. LIMITATION. Project Impact monies shall be granted to the Grand Island Amateur Radio Society in the form of a non-renewable grant, with no payback requirement. The City will monitor maintenance and usage of the communications equipment and require semi-annual reports from the Society. The GIARS shall provide, at the City’s request, access to their annual budget, insurance, program goals and other activities. Should the GIARS cease to function in its current capacity and no longer provide the services called for, the equipment shall be returned to the City. The City further reserves the right to inspect the equipment during the term of this agreement to satisfy itself of the proper use and maintenance of the equipment. The Grand Island Amateur Radio Society hereby agrees that the money paid by the City hereunder shall be used solely and specifically for the purposes stated herein. 5. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the City and the Grand Island Amateur Radio Society notwithstanding any other oral agreements or understandings to the contrary and may be amended only in writing, approved and executed as required by law. IN WITNESS WHEREOF, this agreement is executed by the respective parties. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation By: ______________________________ Ken Gnadt, Mayor Attest: ______________________________ RaNae Edwards THE GRAND ISLAND AMATEUR RADIO SOCIETY, INC. A Non-Profit Organization, By: ______________________________ President of the Organization Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-57 WHEREAS, the City of Grand Island was awarded a federal disaster mitigation grant through the Project Impact program of the Federal Emergency Management Agency to encourage the implementation of a sustained pre-disaster mitigation program with activities that reduce the existing risk of natural hazard losses within the geographical location of the City; and WHEREAS, all projects and activities associated with the Project Impact grant must be completed by November 1, 2002; and WHEREAS, the Grand Island Amateur Radio Society has provided documentation of past mitigation activities which have supported or currently support disaster mitigation activities in Grand Island and Hall County, and has requested Project Impact money to be utilized in purchasing and maintaining communications equipment in accordance with the terms and conditions of such grant program; and WHEREAS, the equipment purchased with Project Impact money shall be retained as property of the City of Grand Island for a period of three years from the project completion date as reported in the final Project Impact performance guidelines, with the ownership of such equipment thereafter to become the property of the Grand Island Amateur Radio Society; and WHEREAS, an agreement has been drafted setting out the terms and conditions for the purchase of communications equipment in accordance with the receipt of such grant funds; and WHEREAS, the proposed 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 the agreement by and between the City and the Grand Island Amateur Radio Society 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 February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G16 #2002-58 - Approving Discontinuation of Sanitary Sewer District 504. Sanitary Sewer District 504 was created by the City Council on January 8, 2002. Legal Notice of the creation of the District was published in the Grand Island Independent on January 15, 2002. A letter with a copy of the Ordinance and Notice was also mailed to all property owners on January 15, 2002. On January 29, 2002 a public informational meeting was held at Shoemaker School to answer property owners’ questions and concerns. Sanitary Sewer District 504 completed the 30-day protest period at 5:00 p.m. Thursday, February 14, 2002. There were protests filed against this District by sixty-six abutting property owners. These owners represented 7,296.08 front feet, or 51.4% of the total District frontage of 14,172.03 feet. According to Nebraska Statute 16-667.01 (see Attached), Council must discontinue the District. If Council would like to create a Sanitary Sewer District for the Subdivision and force the improvements because of public health concerns, another district would have to be created. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. S:\Docs\379.doc Nebraska Revised Statutes Chapter 16. Cities of the First Class. 16-667.01. Prohibit formation of district; procedure. Upon formation by city ordinance of sewerage, drainage, and water service districts as described by section 16-667, the city shall mail copies of such city ordinance and this section to the owners of the record title of any property abutting upon the streets, avenues, or alleys, or parts thereof, which are within such district within twenty calendar days of the passage of the ordinance. The owners of the record title representing more than fifty percent of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such a proposed district may, by petition, stop formation of such a district. Such written protest shall be submitted to the city council or clerk within thirty calendar days after publication of notice concerning the ordinance in a newspaper of general circulation in the city. Publication of such notice shall follow within ten calendar days after passage of such an ordinance. The mailing notice requirement of this section shall be satisfied by mailing a copy of the ordinance and this section by United States mail to the last-known address of the owners of the record title. Source: Laws 1901, c. 18, § 48, XXVII, p. 251; Laws 1905, c. 24, § 1, p. 247; Laws 1911, c. 14, § 1, p. 129; Laws 1913, c. 161, § 1, p. 500; R.S. 1913, § 4951; C.S. 1922, § 4120; C.S. 1929, § 16-649; Laws 1933, c. 136, § 19, p. 528; C.S.Supp., 1941, § 16-649; R.S. 1943, § 16-667.01; Laws 1981, LB 31, § 1. Copyright © 2001 Loislaw.com, Inc. All Rights Reserved Approved as to Form ? _____________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-58 WHEREAS, Sanitary Sewer District No. 504 was created by Ordinance No. 8710 on January 8, 2002; and WHEREAS, notice of the creation of such Sanitary Sewer District No. 504 was published in the Grand Island Independent, in accordance with the provisions of Section 16-619 et seq., Neb. Rev. Stat. 1943; and WHEREAS, a public meeting was held on January 29, 2002 at Shoemaker Annex to provide information and answer questions from residents; and WHEREAS, Section 16-620, Neb. R.R.S. 1943, provides that if owners of record title representing more than 50% of the front footage of the property abutting or adjoining the streets, avenues or alleys, or parts thereof to be improved in any district shall file with the City Clerk within thirty days from the first publication of said notice written objections to the sanitary sewer district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, protests were filed with the City Clerk against the creation of Sanitary Sewer District No. 504 by abutting property owners representing 51.4% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests having been filed with the City Clerk against the creation of Sanitary Sewer District No. 504, such district should not be continued and the ordinance which created said district shall be repealed. - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G17 #2002-59 - Approving Amendment to Agreement with HDR Engineering, Inc. for Professional Services to Provide for Tier II Emissions Rate Tests at the Grand Island Regional Landfill Every five years a Tier II Non Methane Organic Compounds (NMOC) emission rate test must be done. The last Tier II NMOC emissions rate test at the Landfill was completed in 1997. The Tier II Study has been an EPA requirement since the 1990 Amendment to the Clean Air Act. HDR completed the last NMOC and has extensive experience with Tier II emissions rate testing. The Public Works Department recommends the amendment of Task 3001 - On Call Contingency, under the existing Agreement between HDR Engineering, Inc. of Omaha, NE and the City, dated September 30, 1996, to do the Tier II NMOC emissions rate testing. The cost is $19,500.00 to complete these tests. The Tier II is a sampling of the gasses being emitted in areas of the Landfill that are two years of age or older: Cells 1 and 2 of the present Landfill, and the closed Landfill. Staff recommends that HDR be hired to perform the work at the agreed upon price. The original Agreement provided for 30 sample locations at $14,500.00. The proposed Amendment to the Agreement provides for 50 sample locations at $19,500.00. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director Council.Now - WindStone Inc. Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-59 WHEREAS, on September 23, 1996, by Resolution 96-269, the City of Grand Island approved the proposal of HDR Engineering, Inc. of Omaha, Nebraska to provide engineering services relative to the construction of the Cell Two of Phase One, Nebraska Department of Environmental Quality required permit modifications and related work for the Grand Island Area Regional Landfill; and WHEREAS, the contract with HDR Engineering, Inc. included Optional Task 3001 – On Call Contingency to provide for additional unanticipated service work associated with the project; and WHEREAS, a Tier II Non Methane Organic Compounds (NMOC) emission rate test is required to be performed every five years during the operating life of the landfill; and WHEREAS, emission rate testing and analysis was last conducted in 1997; and WHEREAS, it is recommended that HDR Engineering, Inc. perform the emission rate testing and analysis necessary to comply with the Clean Air Act Amendments of 1990; and WHEREAS, it is proposed that 50 sample locations be tested for an amount of $19,500; and WHEREAS, the proposed 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 HDR Engineering, Inc. of Omaha, Nebraska is hereby authorized to conduct Tier II Non Methane Organic Compounds (NMOC) emission rate testing on 50 sample locations at the Grand Island Area Regional Landfill in accordance with Clean Air Act Amendments of 1990 for an amount of $19,500; and the Mayor is hereby authorized and directed to execute an agreement on behalf of the City of Grand Island for such project. - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item G18 #2002- 60 - Approving Contract for (2) SelfCheck Workstations with Expixtech, Inc. Through previous City Council approval, the Grand Island Public Library has been contracting with Epixtech (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items. The purchase of a 3M SelfCheck Model 6210 workstation (which allows patrons to do the routine checkout of materials without staff intervention) in 1993 was included in this arrangement. Since that initial contract, our library received City Council approval for a system enhancement in 1999 due to advanced graphical user interface technologies. An upgrade to the 3M SelfCheck workstation was not done at that time, since their technologies hadn’t advanced far enough to justify any enhancement in this area. With difficulty in obtaining replacement parts for our current workstation, 3M is phasing out maintenance service on this model, and through Epixtech is offering a trade-in incentive. 3M’s advanced technology in this area now allows these workstations to check out a variety of items, including videos and CD’s, while the 1993 model only allowed the check out of books. And two languages, Spanish and English, are standard with this new technology. Previously, one selfcheck workstation was sufficient to meet the library’s operational needs. In the past two years, however, checkouts have increased 32% (i.e. comparing October 2001- January 2002 with the same time period in 1999/2000). The library has also expanded its audiovisual collections, which now comprise 13% of all checkouts. Two selfcheck workstations are now necessary to operate in the most cost-effective manner and to allow staff to provide other essential services to library patrons while increasing numbers of routine checkouts are handled by the patrons themselves. Purchasing through Epixtech is recommended because 3M selfcheck workstations are directly linked to Epixtech’s database server, purchasing through Epixtech assures the library of consistent maintenance service regardless of the source of the problem, and discounts have been negotiated with Epixtech based on previous purchases. The library recommends City Council approval of this purchase agreement in the amount of $34,571.00 with Epixtech. This is a budgeted expense in the library’s account 44301-85620, which has a current balance of $36,900. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Fosselman Council.Now - WindStone Inc. Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-60 WHEREAS, the Grand Island Public Library has contracted with Epixtech (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items; and WHEREAS, maintenance agreements for the current selfcheck equipment purchased in 1993 are no longer available, replacement parts are difficult to obtain, and as a result, Epixtech is offering a trade-in incentive on such equipment; and WHEREAS, the purchase of two 3M SelfCheck Model 6210 workstations for the amount of $34,571.00 is recommended; and WHEREAS, continued use of Epixtech is recommended to assure consistent maintenance with Epixtech equipment that is directly linked to the Epixtech database server. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of two 3M SelfCheck Model 6210 workstations at the Grand Island Public Library from Epixtech (formerly Dynix) for the amount of $34,571.00 is hereby approved; and the Mayor is hereby authorized and directed to execute such Purchase Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 26, 2002. _____________________________________ RaNae Edwards, City Clerk Item H1 Request to Reconsider Creating Street Improvement District #1240, Grand West 2nd Subdivision Creation of this District was considered at the February 12, 2002 Council meeting. Due to area resident's concerns regarding drainage in the area, the Ordinance to create the district failed on the 2nd reading. Councilmember Scott Walker, who voted against creation at the February 12 meeting, made a request for the issue to be brought forward and discussed again at the February 26, 2002 Council meeting. Several Councilmembers requested that Staff review the policies of other Cities regarding Street Improvement Districts. A synopsis of the results is attached. The Public Works Department recommends approval of the motion to reconsider creation of the Street Improvement District so that both sides of the issue can state their concerns. A ten (10) year assessment period is recommended. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Steve Riehle, Director of Public Works / City Engi Council.Now - WindStone Inc. City of Grand Island City Code §33-20. Installation of Improvements Developers may select either method or combination of methods listed below to comply with the minimum improvements requirements: (1) They may install the required improvements before council approval of the final plat. (2) They may submit a petition or petitions requesting the City to construct street surfacing, sanitary sewer, and water mains in the proposed subdivision by the district method. In that event, the City will prepare plans and specifications for all such improvement districts and shall assess the cost of such improvements to the adjacent property, as provided by law. The size of any street improvement district, sanitary sewer district, or water main district, shall be determined by the city council. Construction of any such district shall be subject to the City's ability to finance any of the improvements. When any length of a full-width street is being dedicated as a part of the subdivision, the subdivider shall install water and sewer lines, without using the improvement district method, prior to the creation of any street improvement district. (3) They may enter into a Subdivision Agreement for the installation of the required improvements. Sidewalks shall be constructed when the adjacent lot is built upon and shall be regulated and required with the building permit for such lots, unless a waiver to construct when directed by the city council is provided in the Subdivision Agreement. Amended by Ordinance No. 8071, eff. 3-28-95 What Do Other Nebraska Cities Finance for Developers Through Assessments? City Water Sewer Paving Remarks Ashland N/A N/A 100% The City of Ashland uses the Street Improvement District process, which means we assume no risk for infrastructure in new developments. Ashland would not allow a street district within the city limits to be established with undeveloped lots, unless building permits were actively being issued for most of those lots. Aurora N/A N/A 95-100%Aurora allows assessment districts, similar to Sidney and South Sioux City. Blair 80%80%80% The City of Blair has used assessment districts very successfully the last ten years. The developer is required to put up 20% of the cost (as bid) including all engineering, for the water, sewer, paving (including storm sewer) and assess the remaining 80% over 10 years. This has helped assure that the developer has done their homework on the need for the additional lots. We collect our own assessments so it allows us to monitor any delinquency. Central City 80%80%80% Central City has the same procedure as Blair, except developer signs an agreement to stipulate start of project, their understanding of funding, etc. Columbus N/A N/A 100% (except intersections) Columbus allowed Street Improvement Districts in the 1980's and ended up taking ownership of lots as the developer corporation went broke. Council changed the rules to have developer pay for all development except for the intersections in new development, which the City pays. Council is working to have developers furnish, at a minimum, a letter of credit, and guarantees for their work. Elkhorn N/A N/A N/A In Elkhorn, as in most of the suburbs around Omaha, Sanitary Improvement Districts are almost exclusively used for new residential development. The good news is that a separate government entity, consisting of the landowners within the development (typically just the developer at the beginning), is taking all of the risk. The bad news is that the cost of development is a point or two higher than what a city could borrow money for and the city does not get to claim the population or lane miles until after annexation, which is typically three to five years after the development is begun. What Do Other Nebraska Cities Finance for Developers Through Assessments? City Water Sewer Paving Remarks Hastings N/A N/A 50%None. Kearney 50%50%50% The City of Kearney requires a Developer to pay 50% of the estimated cost of paving, water and sewer construction prior to the bid being awarded, using an engineer's estimate to arrive at the cost. The balance of the cost is assessed to the lots. This policy has worked fairly well for us. Seward 80%80%80% Seward's policy is virtually identical to Blair. Seward does require the developer to sign a strict subdivision agreement. Sidney N/A N/A 95% Sidney does 95 percent of its streets in new developments through the assessment process, allowing developers up to 20 years to pay them off. South Sioux City loan pool loan pool yes South Sioux City allows paving assessments and also have a loan pool for water and sewer extensions that are paid back when the lots sell - not to exceed three years. Item J1 Payment of Claims for the Period of February 13, 2002 through February 26, 2002 The Claims for the period of February 13, 2002 through February 26, 2002 for total amount of $2,522,654.16. A MOTION is in order. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: RaNae Edwards Council.Now - WindStone Inc. Item X1 Update on Hartman Appeal ADJOURN TO EXECUTIVE SESSION: The council will be updated on Hartman appeal. RETURN TO REGULAR SESSION: Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Item X2 #2002-61 - Consideration of Approving Security on Appeal Nebraska Revised Statute §25-1916 requires that during an appeal to the Nebraska Court of Appeals or Supreme Court, an appellant, such as the City of Grand Island, must file a bond or other security in an amount equal to the judgment and accrued interest to insure payment if he appeal is denied. In lieu of purchasing a commercial supersedeas bond, an agreement has been made with the attorney for Richard and Patricia Hartman to substitute a pledge of the funds available to pay the judgment. In order for the pledge to be executed by the Finance Director, the Mayor and City Council must approve the pledge and authorize the Finance Director to sign and file the document. A commercial supersedeas bond would require much the same approval on the part of the Mayor and City Council and would require payment of a premium in the amount of approximately $2,000.00. We recommend that the pledge in lieu of supersedeas bond be approved as drafted. Tuesday, February 26, 2002 Council Session City of Grand Island Staff Contact: Charlie Cuypers Council.Now - WindStone Inc. Approved as to Form ? _______________ February 22, 2002 ? City Attorney R E S O L U T I O N 2002-61 WHEREAS, on July 20, 2001, a panel of arbitrators determined that a payment of $100,000 by the City to Richard Hartman and Patricia Hartman would adequately compensate the Hartman's for their claims of property damage from the operation of the Platte Generating Station; and WHEREAS, on December 26, 2001, the Hall County District Court entered judgment for the Hartmans and against the City of Grand Island in the sum of $100,000 in an action to enforce the arbitration award; and WHEREAS, on January 15, 2002, the City of Grand Island filed its Notice of Appeal to the Court of Appeals of the State of Nebraska; and WHEREAS, a bond or other security is required by law to be filed with the Clerk of the District Court upon the filing of such appeal to secure payment of the judgment in the event the appeal is denied; and WHEREAS, in lieu of providing a supersedeas bond, it is recommended that the City pledge sufficient funds to pay the judgment and accrued interest as security for the judgment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pledge in Lieu of Supersedeas Bond is hereby approved, and the Finance Director is hereby authorized and directed to pledge sufficient funds to pay the judgment and accrued interest in the case pending appeal from the District Court of Hall County, Nebraska, captioned Richard Hartman and Patricia Hartman, husband and wife, vs. City of Grand Island, Nebraska, a political subdivision, Case No. CI01-1011. - - - Adopted by the City Council of the City of Grand Island, Nebraska on February 26, 2002. _____________________________________ RaNae Edwards, City Clerk