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02-18-2003 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 18, 2003 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Marlan Ferguson City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Joyce Haase Margaret Hornady Gale Larson Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Larry Seifert Scott Walker Fred Whitesides City of Grand Island City Council 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. /Evangelist Gary Bennett, Church of Christ, 2822 West Stolley Park Road City of Grand Island City Council Item C1 "Its About Kids!" Presentations by Bethany Hughes and Paul Bennett Youth Leadership Tomorrow, "It's About Kids!" assets will be presented by Bethany Hughes and Paul Bennett. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item C2 Presentation by McDermott & Miller, for FY 2002 City Single Audit and General Purpose Financial Statements Mike Wassinger of McDermott & Miller will present the City Single Audit for Fiscal Year 2002. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item E1 Public Hearing on Changes to the Grand Island Zoning Map for Property Located at 4576 West US Highway 30 Diane Means, as the owner is requesting a change of zoning for property located at 4576 West US Highway 30. This application proposes to change the zoning from TA Transitional Agricultural to B2 General Business. This change is in conformance with the Grand Island Comprehensive Plan. The Regional Planning Commission at their regular meeting held February 5, 2003, voted to approve and recommended the Grand Island City Council approve this amendment to the Grand Island Zoning Map, by a vote of 7 for and 1 against. The action item is contained under Ordinances. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: January 23, 2003 SUBJECT: Zoning Change (C-2-2003GI) PROPOSAL: To rezone Lot 1 of Elrod Subdivision approximately 2 acres of land north of U.S. Highway 30 and east of Engleman Road from TA-Transitional Agriculture to B2- General Business Zone, in the City of Grand Island. OVERVIEW: Site Analysis Current zoning designation: TA- Transitional Agriculture Permitted and conditional uses: TA: Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. Comprehensive Plan Designation: Residential with adjacent Agriculture, Business and Industrial Existing land uses. Residential Adjacent Properties Analysis Current zoning designations: North and East: TA-Transitional Agriculture South: M1-Light Manufacturing West: -TA-Transitional Agriculture and B2-General Permitted and conditional uses: TA- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. M1- Light fabrication, service, warehousing, administrative and research uses. B2-General Commercial including outdoor display and sales, Office, Residential, Fabrication incidental to permitted uses. Comprehensive Plan Designation: North, East: Low to Medium Density Residential South: Manufacturing West: Agricultural and commercial development Existing land uses: North, and East: Single Family Residential, Agriculture, Mobile Home Park West: Agriculture and Commercial Development. South: Highway and Railroad ROW, Manufacturing EVALUATION: Positive Implications: · In general conformance with the City’s Comprehensive Land Use Plan: This particular site is designated as low to medium residential within the plan but adjacent properties are manufacturing, agricultural and commercial. Commercial uses are generally accepted and expected in this vicinity. · Uses would be consistent with the level of service provided by U.S. Highway 30: This corridor is designed for traffic management. Additional development should not negatively impact the transportation systems. · Monetary Benefit to Applicant: Would allow the applicant to sell this property for development into office uses. Given the size of the property it has limited potential for residential development. · Existing Commercial/Manufacturing. Commercial development along this corridor is the norm. This would not be deviating from what is expected along U.S. Highway 30. Negative Implications: · Spot Zoning. This is a small parcel of property. It could be considered spot zoning because of the size of this request. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on the this site from TA-Transitional Agriculture to B2- General Business Zone. ___________________ Chad Nabity AICP, Planning Director 36-30. B2 - General Business Zone Purpose: To provide for the service, retail and wholesale needs of the general community. This zone will contain uses that have users and traffic from all areas of the community and trade areas, and therefor will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B1 Zone. (2) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (3) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (4) Specific uses within a building such as: Animal hospital area, aquarium, auction house or store, automobile repair (no body repair), automobile sales and rental, aviary, bath house, blueprinting, book bindery, bottling plant (juices and soft drinks), building supply, canvas shop, carpet cleaning, chickens (sale of chicks), dance hall, dyeing of yarns, engraver, express office, extermination, fumigation and sterilization services, feed and grain retail sales, film exchange, food lockers, furniture storage and repair, glass cutting and staining (with retail sales), gymnasium, laboratory (experimental or scientific), lapidary, leather goods (sale and incidental manufacture), lithographer, laundry, dry cleaning and dyeing plant, massage parlor, medical appliances retail sales, motel and/or hotel, newspaper printing office, office machines sales and service, optical glass grinding, pawn shop, photo finishing, plumbing shop, poultry hatchery, printer or publisher, sign painting shop, service enterprises of all kinds, sports arena, storage garage, tavern, bar or cocktail lounge, taxidermist, tire shop (repair and vulcanizing only), towel and linen service, trade or vocational school, upholstery shops, self-service storage. (5) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (6) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (B) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Recycling business (2) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet. (6) Minimum side yard: None, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a corner lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 100% (D) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. February 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E. 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: An amendment to the Zoning Map for properties located at 4576 W. US Hwy 30 Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held February 5, 2003 the above item was considered following a public hearing. This application proposes to rezone property comprising of 4576 W. US Hwy 30, also known as Lot 1 Elrod Subdivision from TA Transitional Agriculture to B2 General Business. Nobody from the public spoke for or against this item. A couple members of the Planning Commission expressed concerns with this being spot zoning. Nabity explained that while that is a valid issue, in all likelihood this property along Hwy 30 will develop as commercial or high density residential eventually. The presence of commercial zoning to the Southwest, and Northeast lends itself to this zoning change. Following further discussion a motion was made by Wagoner 2nd by Miller to approve and recommend that the City of Grand Island approve this amendment to the Grand Island Zoning Map. The Planning Commission passed this motion with 7 members voting in favor (Amick, O’Neill, Hooker, Eriksen, Miller, Hayes, Wagoner) and 1 member voting against (Ruge). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Public Works Director of Utilities Director of Building Inspections Manager of Postal Operations Item E2 Public Hearing on Request of Heartland Insurance Pool, Inc. for Conditional Use Permit Located at 1023 East Airport Road Mike Merrill of Heartland Insurance Pool, Inc., 1023 East Airport Road, has submitted an application with the City Clerk's Office for a Conditional Use Permit to allow for a salvage yard and insurance pool auction located at 1023 East Airport Road. The Grand Island city code amended by the City Council on September 10, 2002 requires all salvage operations to acquire approval of the City Council in the form of an approved conditional use permit. This request has been reviewed by the Building, Legal, Utilities, Planning, and Public Works Departments. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E3 Public Hearing on Request of Hooker Brother Sand & Gravel for a Conditional Use Permit Located at 3860 South Locust Street Hooker Brothers Sand & Gravel, 3860 South Locust Street, has submitted a request with the City Clerk's Office to renew their Conditional Use Permit to temporarily allow for a portable hot-mix asphalt plant, belonging to Werner Construction to be located at 3860 South Locust Street. On February 27, 2001, City Council approved this request for a two-year period of time. This property is zoned TA Transitional Agricultural and as such these types of uses are only allowed as temporary and must be approved by the City Council. This request has been reviewed by the Building, Legal, Utilities, Regional Planning and Public Works Departments. It is appropriate at this time to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E4 Public Hearing on Request of Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street, for a Class "C" Liquor License Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street, has submitted an application for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of alcoholic beverages on and off sale within the corporate limits of the City. 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 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E5 Public Hearing on Request of Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, for Class a "C" Liquor License Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, has submitted an application for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of alcoholic beverages on and off sale within the corporate limits of the City. 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 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E6 Public Hearing on One and Six Year Street Improvement Program Adoption of a One and Six Year Street Improvement Program is required by State law as one of the requirements to receive approximately three million dollars of road funds each year. The Regional Planning Commission unanimously approved the One and Six Year Street Improvement Program at their meeting on Wednesday, February 5, 2003. The City Council reviewed the program at the Tuesday, February 11, 2003 Study Session. At that time, it was requested that the widening of Stolley Park Road west of US Highway 281 be moved from the 2005 construction season to the 2004 season. This change has been made and the timeline for the program is attached. It is recommended that Council conduct a Public Hearing and pass a Resolution approving the One and Six Year Street Improvement Program. It is appropriate to solicit public comment. The action item is contained in the Consent agenda. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Item E7 Public Hearing on Acquisition of Public Utility Easement in Lots 1 and 2, Lassonde Subdivision, Located at 1027 Capital Avenue Council action is necessary for the City of Grand Island to acquire public easements. Fred Hoppe will be developing the property directly south of the Lassonde Subdivision. The Public Utility Easement will provide access for the installation and maintenance of the public sewer mains to serve this area. It is recommended that Council conduct a Public Hearing and pass a Resolution to approve acquisition of the easements. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Item E8 Public Hearing on Acquisition of Public Utility Easement in Lot 2, Pedcor Subdivision, Located at 3330 Husker Highway Council action is necessary for the City of Grand Island to acquire public easements. It is necessary to acquire an easement for the installation and maintenance of public sewer mains. The sewer will serve businesses along Langenheder Street north and west of the intersection of US Highway 281 and Husker Highway. Acquisition of this easement will significantly reduce the cost of the sanitary sewer district and the assessments to the benefiting properties. The property owner has been contacted regarding the terms of this easement and it is now time for Council approval of the acquisition. The cost of the easement is a minimal fee. It is recommended that Council conduct a Public Hearing and pass a Resolution to approve acquisition of the easement. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Item F1 #8794 - Consideration of Change of Land Use Designation for Property Located at 4576 West US Highway 30 This item relates to the aforementioned Public Hearing. Diane Means, has submitted a request to rezone approximately 2 acres of land located at 4576 West US Highway 30 from TA Transitional Agricultural to B2 General Business. The purpose of the request is to rezone the property to allow for a beauty shop. The Regional Planning Commission, at their meeting of February 5, 2003, voted to approve the request by a vote of 7 for and 1 against. Approval is recommended. See attached ORDINANCE. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Agenda Item #4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: January 23, 2003 SUBJECT: Zoning Change (C-2-2003GI) PROPOSAL: To rezone Lot 1 of Elrod Subdivision approximately 2 acres of land north of U.S. Highway 30 and east of Engleman Road from TA-Transitional Agriculture to B2- General Business Zone, in the City of Grand Island. OVERVIEW: Site Analysis Current zoning designation: TA- Transitional Agriculture Permitted and conditional uses: TA: Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. Comprehensive Plan Designation: Residential with adjacent Agriculture, Business and Industrial Existing land uses. Residential Adjacent Properties Analysis Current zoning designations: North and East: TA-Transitional Agriculture South: M1-Light Manufacturing West: -TA-Transitional Agriculture and B2-General Permitted and conditional uses: TA- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre. M1- Light fabrication, service, warehousing, administrative and research uses. B2-General Commercial including outdoor display and sales, Office, Residential, Fabrication incidental to permitted uses. Comprehensive Plan Designation: North, East: Low to Medium Density Residential South: Manufacturing West: Agricultural and commercial development Existing land uses: North, and East: Single Family Residential, Agriculture, Mobile Home Park West: Agriculture and Commercial Development. South: Highway and Railroad ROW, Manufacturing EVALUATION: Positive Implications: · In general conformance with the City’s Comprehensive Land Use Plan: This particular site is designated as low to medium residential within the plan but adjacent properties are manufacturing, agricultural and commercial. Commercial uses are generally accepted and expected in this vicinity. · Uses would be consistent with the level of service provided by U.S. Highway 30: This corridor is designed for traffic management. Additional development should not negatively impact the transportation systems. · Monetary Benefit to Applicant: Would allow the applicant to sell this property for development into office uses. Given the size of the property it has limited potential for residential development. · Existing Commercial/Manufacturing. Commercial development along this corridor is the norm. This would not be deviating from what is expected along U.S. Highway 30. Negative Implications: · Spot Zoning. This is a small parcel of property. It could be considered spot zoning because of the size of this request. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on the this site from TA-Transitional Agriculture to B2- General Business Zone. ___________________ Chad Nabity AICP, Planning Director 36-30. B2 - General Business Zone Purpose: To provide for the service, retail and wholesale needs of the general community. This zone will contain uses that have users and traffic from all areas of the community and trade areas, and therefor will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the R4 Zone. (A) Permitted Principal Uses: (1) Uses as listed under permitted principal uses of the B1 Zone. (2) Stores and shops for the conduct of wholesale business, including sale of used merchandise. (3) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured homes, farm and construction machinery, etc. (4) Specific uses within a building such as: Animal hospital area, aquarium, auction house or store, automobile repair (no body repair), automobile sales and rental, aviary, bath house, blueprinting, book bindery, bottling plant (juices and soft drinks), building supply, canvas shop, carpet cleaning, chickens (sale of chicks), dance hall, dyeing of yarns, engraver, express office, extermination, fumigation and sterilization services, feed and grain retail sales, film exchange, food lockers, furniture storage and repair, glass cutting and staining (with retail sales), gymnasium, laboratory (experimental or scientific), lapidary, leather goods (sale and incidental manufacture), lithographer, laundry, dry cleaning and dyeing plant, massage parlor, medical appliances retail sales, motel and/or hotel, newspaper printing office, office machines sales and service, optical glass grinding, pawn shop, photo finishing, plumbing shop, poultry hatchery, printer or publisher, sign painting shop, service enterprises of all kinds, sports arena, storage garage, tavern, bar or cocktail lounge, taxidermist, tire shop (repair and vulcanizing only), towel and linen service, trade or vocational school, upholstery shops, self-service storage. (5) Specific uses such as: Archery range, billboards, drive-in theater, golf driving range, storage yard (no junk, salvage or wrecking). (6) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20% of the floor area is so used. (B) Permitted Accessory Uses: (1) Building and uses accessory to the permitted principal use. (C) Permitted Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with the procedures set forth in Article VIII and X of this chapter: (1) Recycling business (2) Towers (D) Space Limitations: (1) Minimum lot area: 3,000 square feet (2) Minimum lot width: 30 feet (3) Maximum height of building: 55 feet (4) Minimum front yard: 10 feet (5) Minimum rear yard: None, if bounded by an alley, otherwise 10 feet. (6) Minimum side yard: None, but if provided, not less than five feet, or unless adjacent to a parcel whose zone requires a side yard setback, then five feet. In the case of a corner lot adjacent to the side street, the setback shall be 10 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet. (7) Maximum ground coverage: 100% (D) Miscellaneous Provisions: (1) Supplementary regulations shall be complied with as defined herein (2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein. February 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E. 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: An amendment to the Zoning Map for properties located at 4576 W. US Hwy 30 Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held February 5, 2003 the above item was considered following a public hearing. This application proposes to rezone property comprising of 4576 W. US Hwy 30, also known as Lot 1 Elrod Subdivision from TA Transitional Agriculture to B2 General Business. Nobody from the public spoke for or against this item. A couple members of the Planning Commission expressed concerns with this being spot zoning. Nabity explained that while that is a valid issue, in all likelihood this property along Hwy 30 will develop as commercial or high density residential eventually. The presence of commercial zoning to the Southwest, and Northeast lends itself to this zoning change. Following further discussion a motion was made by Wagoner 2nd by Miller to approve and recommend that the City of Grand Island approve this amendment to the Grand Island Zoning Map. The Planning Commission passed this motion with 7 members voting in favor (Amick, O’Neill, Hooker, Eriksen, Miller, Hayes, Wagoner) and 1 member voting against (Ruge). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Public Works Director of Utilities Director of Building Inspections Manager of Postal Operations Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney ORDINANCE NO. 8794 An ordinance rezoning certain tracts of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising all of Lot One (1), Elrod Subdivision in the city of Grand Island, Hall County, Nebraska, from TA- Transitional Agricultural Zone to B2-General Business Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on February 5, 2003, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Board of Education of School District No. 2 in Hall County, Nebraska; and WHEREAS, after public hearing on February 18, 2003, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from TA-Transitional Agricultural Zone to B2-General Business Zone: All of Lot One (1), Elrod Subdivision in the city of Grand Island, Hall County, Nebraska. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-7 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. ORDINANCE NO. 8794 (Cont.) - 2 - Approved as to Form – ___________ February 14, 2003 • City Attorney SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 18, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of January 29, 2003 Receipt of Official Documents - Civil Service Minutes of January 29, 2003. See attached MINUTES. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council City Of HR Department GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION January 29, 2003 Roll Call: Members Present: Burns, Leeper Members Absent: Hilligas Also Present: Kerry Mehlin, Police Sgt., Curt Rohling, Fire Operations Div. Chief Leeper called the meeting to order at 8:38 a.m. Notice of the meeting was published in the January 24, 2003, edition of the Grand Island Independent. Burns moved to approve the minutes of the January 13, 2003, meeting. Leeper seconded the motion, which carried unanimously upon roll call vote. The Commission received a request from the Police Department to certify candidates to fill two Police Officer vacancies. Burns moved to certify the top four names, namely, Herman, Anderson, Vignuer and Brown. Leeper seconded the motion, which passed unanimously upon roll call vote. Based on confirmation from Collett to be removed from the eligibility list due to employment elsewhere, Burns moved to remove him from the eligibility list. Leeper seconded the motion, which carried unanimously upon roll call vote. The Commission reviewed the results of the Emergency Medical Services Division Chief exam administered on January 22, 2003. Burns moved that the candidate scoring 70% or higher, namely, Leslie, be placed on the eligibility list and certified for hire. Leeper seconded the motion, which passed unanimously. There being no further business, Leeper moved to adjourn the meeting at 8:48 a.m. Burns seconded the motion, which carried unanimously upon roll call vote. Respectfully submitted, Al Satterly, Secretary Designee Approved by Civil Service Commission: 2/11/03 Civil Service Commission Copies of approved Minutes to: City Clerk Item G2 Approving Minutes of February 4, 2003 City Council Regular Meeting The Minutes of February 4, 2003 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 4, 2003 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 4, 2003. Notice of the meeting was given in the Grand Island Independent on January 29, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Counc ilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Doug Walker and Finance Director David Springer. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Councilmember Jackie Pielstick. RESERVE TIME TO SPEAK ON AGENDA ITEMS: No individual reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Proclamation “ Random Acts of Kindness Week” February 2-8, 2003. The Mayor proclaimed February 2-8, 2003 as “Random Acts of Kindness Week”. Gloria Wolbach representing the Acts of Kindness Ladies (AOK) was present to receive the proclamation. Presentation by LeAnne Doose, Public Information Officer. LeAnn Dooose, Public Information Officer made a presentation concerning the duties and activities of the Public Information Office. CONSENT AGENDA: Councilmember Pielstick asked to removed item G-3 from the Consent Agenda. Motion by Whitesides, second by Seifert, carried unanimously to approve the Consent Agenda excluding item G-3. Receipt of Official Document – Civil Service Minutes of January 13, 2003. Approving Minutes of January 28, 2003 City Council Regular Meeting. Councilmember Hornday abstained. #2003-40 – Approving Bid Award for a Commercial 126 Inch Cut Rotary Turf Mower with Sun Turf, Inc. of Omaha, Nebraska in an Amount of $32,500.00. Page 2, City Council Regular Meeting, February 4, 2003 #2003-41 – Approving Bid Award for Burdick Oil Skid and Transformer Sprinklers with Nebraska Fire Sprinkler Corporation of Alda, Nebraska in an Amount of $55,287.00. #2003-42 – Approving Bid Awards for Electrical Circuit Breakers to the following Companies: Mitsubishi Electric Power Products, Inc. of Warrendale, Pennsylvania for 123kV Breakers in an Amount of $1,777,349.70; Alstom T & D of Charleroi, Pennsylvania for 15kV-120 amp Breakers in an Amount of $391,387.50; and T & D of Charleroi of Pennsylvania for 15kV-3000 amp Breakers in an Amount of $116,085.00. #2003-43 – Approving Amendment to Clark Brothers Subdivision. Councilmembers Pielstick and Meyer voted no. #2003-39 – Approving Change Order No., 4 to the Contract with The Diamond Engineering Company of Grand Island for Street Improvement District #1221, Couth Locust Street from US Highway 34 to Stolley Park Road for an Increase of $21,916.84 and a Revised Contract Amount of $5,187,981.70. Steve Riehle, Public Works Director, reported that the construction contract was awarded to The Dia mond Engineering Company, Grand Island Nebraska, on November 21, 2000. The Public Works Department had prepared Change Order #4 to make changes to the project. It was stated the original Contract was $4,996,117.60 with current Contract and Change Orders 1, 2, and 3 for a total of $5,166,064.86. Change Order 4 was $21,916.84 for a Revised Contract Price of $5,187,981.70. Motion was made by Pielstick to deny Resolution #2003-39 for discussion purposes. Second by Whitesides. Councilmember Pielstick was upset about the number of change orders and their cost. Councilmember Larson, Nickerson and Hornady mentioned it was logical to have change orders on this size and complex of a project. Councilmember Nickerson asked if there were contingencies built in to the bid price by contractors for projects like this one. Mr. Riehle stated there were none, if there were contactors would just increase their bid prices. A brief overview of the costs of this project was mentioned, totaling $7.5 million. Upon roll call vote to deny Resolution #2003-39, Councilmembers Pielstick and Meyer voted yes. Councilmembers Whitesides, Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase voted no. Motion failed. Motion was made by Larson, second by Seifert to approve Resolution #2003-39. Upon roll call vote, Councilmembers Whitesides, Larson, Nickerson, Seifert, Pauly, Hornady, Walker and Haase voted yes. Councilmembers Pielstick and Meyer voted no. PAYMENT OF CLAIMS: Motion by Whitesides, second by Haase, carried unanimously to approve the Claims for the period of January 29, 2003 through February 4, 2003, for a total amount of $1,912,514.76. EXECUTIVE SESSION: Page 3, City Council Regular Meeting, February 4, 2003 Motion by Whitesides, second by Haase, carried unanimously to adjourn to executive session at 7:50 p.m. for the purpose of discussing pending litigation and contract negotiations. RETURN TO REGULAR SESSION: Motion by Whitesides, second by Hornady, carried unanimously to reconvene in regular session at 9:25 p.m. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Minutes of February 11, 2003 City Council Study Session The Minutes of February 11, 2003 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION February 11, 2003 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 11, 2003. Notice of the meeting was given in the Grand Island Independent on February 5, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly, Walker and Haase. Councilmember Hornady was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Public Works Director Steve Riehle, City Attorney Doug Walker and Finance Director David Springer. Presentation to Grand Island Area Habitat for Humanity. Steve Thompson, Program Director for the Aluminum Association - Habitat for Humanity, presented Dana Jelinek, Executive Director of the Grand Island Area Habitat for Humanity, with a check in the amount of $50,000. This check represented a nationwide contest for grant monies from the Aluminum Association for collecting the most aluminum cans to help build homes by the Grand Island Area Habitat for Humanity. Congratulations were extended to Dana Jelinek and the Grand Island Area Habitat for Humanity on achieving their goal. Presentation of Public Works Annual Report. Public Works Director Steve Riehle presented a power point presentation to Council with a few highlights from the report. Reviewed were: 1. Street and Transportation Division with emphasis on snow removal, hauling, and ice control. Mentioned was gas tax dollars that fund 90% of the Street and Transportation receipts. 2. Fleet Services Division was reviewed including wrecker towing services. 3. Wastewater Division with emphasis on wastewater collection, biosolid injection, and plant load. 4. Solid Waste Division including compost screener, landfill, and vehicle counts by month. Free grass clipping disposal at the landfill was discussed. Review One and Six Year Street Improvement Plan. Public Works Director Steve Riehle reported that adoption of a One and Six Year Street Improvement Program was required by State law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The One and Six Year Street Improvement Program was reviewed. The Regional Planning Commission approved this plan at their February 5, 2003. A Public Hearing and adoption of the One and Six Year Street Improvement Program was scheduled for the February 18, 2003 City Council meeting. A power point presentation was presented with review of the following areas: 2003 Construction Season Page 2, City Council Study Session, February 11, 2003 1. Macron Avenue – concrete of ½ block 2. Improvements to Diers Avenue by BYCO and Walmart 3. Downtown improvements on Third Streert 4. Wood River Diversion Channel 5. Illumination Lighting at Schimmer Drive and Wildwood Drive 6. Bridges and Paving on South Locust Street north of I-80 7. Gold Core Drive in Platte Valley Industrial Park 8. Platte Valley Industrial Park Cells and Drainage 9. Left turn arrows at US 281 and Old Potash 10. South Locust Street from Stolley Park Road to Fonner Park Road 11. Stoplight at 13th Street and Allen Avenue 12. Independence Avenue from 13th Street to Manchester Road 13. Faidley Avenue 2004 Construction Season 1. Signal Detection at Stolley Park Road and South Locust Street 2. Independence Avenue from 13th Street to Manchester Road 3. Design for widening Stolley Park Road to Heartland Events Center 4. US Highway 30 east to Merrick County west 5. South Locust Street from Stolley Park Road to Fonner Park Road – landscaping 6. Schimmer Drive – pave/asphalt ½ mile west of US Highway 281 7. Design Hike/Bike Bridge Superstructure 8. South Locust Street Bridges 9. Stoplight at US Highway 281 and Wildwood Drive 2005 – 2007 Construction Season 1. US Highway 30 from Grant Street to Greenwich Street (this was requested to be moved up) 2. Widen Stolley Park Road ¼ mile west of Highway 281 by CNH (this was requested to be moved up to 2004) 3. Widen Stolley Park Road to Heartland Events Center 4. Blaine Street Bridge replacements 5. South Locust Street grading, medians, and northbound lanes 6. Hike/Bike construction 7. Hike/Bike Bridge superstructure and trail construction 8. 2007 – surfacing new lanes 2008 and Beyond Construction Season 1. Capital Avenue from US Highway 281 to St. Paul Road 2. Eddy Street from 4th Street to 10th Street (5 lane) 3. Widen Eddy Street Underpass – 5 lanes on south end 4. Faidley Avenue – ¼ mile west of US Highway 281 to North Road 5. Building improvements at West Yards 6. US Highway 30 from US Highway 281 to City limits 7. US Highway 34 from US Highway 281 to South Locust Street Page 3, City Council Study Session, February 11, 2003 8. Hike/Bike Trail construction from South Locust Street to Morman Island Curtis Griess, 26 Kuester Lake, spoke concerning Stuhr Road and by-passes. Also mentioned was a stop light at US Highway 281 and Wildwood Drive. Review of Infrastructure in the City of Grand Island. Chad Nabity, Regional Planning Director reported infrastructure included such things as: Streets, Sewer, Water, Electrical Lines, Drainage, Natural Gas, Phone, Cable TV, Parks, Trails and Schools. Mr. Nabity updated the council on terminology of right of ways, easements, license agreements, and subdivision agreements. General responsibilities of property owners and the city were presented. An overview was given with regards to streets, sewer, water, electric, drainage, other utilities, parks, trails, landscaping, and schools. ADJOURNMENT: The meeting was adjourned at 9:25 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Request of Heartland Insurance Pool, Inc. for Conditional Use Permit Located at 1023 East Airport Road This item relates to the aforementioned Public Hearing. Heartland Insurance Pool, Inc., 1023 East Airport Road, has submitted an application with the City Clerk's Office for a Conditional Use Permit to allow for a salvage yard and insurance pool auction located at 1023 East Airport Road. The applicant has installed the required fencing and submitted a plan for the installation of required landscaping. This request has been reviewed by the Building, Legal, Utilities, Planning, and Public Works Departments. Approval is recommended with the condition that the required landscaping is completed by April 30, 2003 and further that all canopy trees are planted outside the dedicated 27 foot easement along the north edge of the property. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G5 Approving Request of Hooker Brother Sand & Gravel for a Conditional Use Permit Located at 3860 South Locust Street This item relates to the aforementioned Public Hearing. Hooker Brothers Sand & Gravel, 3860 South Locust Street, has submitted a request with the City Clerk's Office to renew their Conditional Use Permit to temporarily allow for a portable hot-mix asphalt plant, belonging to Werner Construction to be located at 3860 South Locust Street. On February 27, 2001, City Council approved this request for a two-year period of time. This request has been reviewed by the Building, Legal, Utilities, Regional Planning and Public Works Departments, approvals appear to be reasonable with the continued restriction that the operation will not disturb or infringe upon the Wood River Flood Protection Channel, and additionally the site shall not be utilized as a camper trailer park for employees. The property to the south of this site has expressed concerns about the operation and the odor emitted from the plant. The Health Department and the State of Nebraska were notified, but no documentation was received to verify any improper operation of the facility. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G6 Approving Request of Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street, for a Class "C" Liquor License This item relates to the aforementioned Public Hearing. Manuel V. Garcia, dba Garcia's Mexican Restaurant, 610 West 2nd Street, has submitted an application for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of alcoholic beverages on and off sale within the corporate limits of the City. This application has been reviewed by the Building, Fie, Health, and Police Departments. Approval is recommended. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 Approving Request of Heartland Catering, Inc. dba Heartland Catering, 700 East Stolley Park Road, Liquor License "C-57251" for Deletion of Designated Areas Gary Shovlain, President of Heartland Catering, Inc. dba Heartland Catering, 700 East Stolley Park Road, has submitted an application for deletion of the 2nd level, Keno area and Clubhouse & Turf Club associated with their Class "C-57251" Liquor License. This request is being made as they have leased those areas to Balz Sport Bar. This application has been reviewed by the Legal, Building, Fire, Health, and Police Departments. Approval is recommended. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G8 Approving Request of Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, for Class a "C" Liquor License This item relates to the aforementioned Public Hearing. Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road, has submitted an application for a Class "C" Liquor License. A Class "C" Liquor License allows for the sale of alcoholic beverages on and off sale within the corporate limits of the City. Not all departmental reports have been received. Approval is recommended contingent upon final inspections. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G9 Approving Request of Jeffery Richardson, #47 Kuester Lake for Liquor Manager Designation for Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road Jeffery Richardson, #47 Kuester Lake, has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with the Class "C" Liquor License acted upon earlier for Balz, Inc. dba Balz Sports Bar, 700 East Stolley Park Road. This application has been reviewed by the Police Department and the City Clerk's Office. Approval is recommended. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G10 Approving Preliminary Plat for Timberline Subdivision Rick Johnson and K.C. Hehnke, owners, have submitted the preliminary plat for Timberline Subdivision, located north of Old Highway 2, between Highway 281 and Webb Road. This plat proposes to develop 17 lots on a parcel of land located in the SE 1/4 of the NE 1/4 Section 1, Township 11, Range 10. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of February 5, 2003 unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council February 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council City Hall Grand Island NE 68801 Dear Mayor and Members of the Council: RE: Preliminary Plat – Timberline Subdivision, located between Hwy 281, and Webb Rd, and North of Old Hwy 2, in the City of Grand Island. At the regular meeting of the Regional Planning Commission, held February 5, 2003 the above item was considered. This preliminary plat proposes to create 17 lots on a currently unplatted parcel of land located in the SE ¼ of the NE ¼ of 1-11-10. This property is currently zoned TA Transitional Agricultural and consists of 49.038 acres more or less. A motion was made by O’Neill and seconded by Wagoner to approve and recommend that the City Council approve the Preliminary plat of Timberline Subdivision. The Planning Commission passed this motion with 8 members present voting in favor (Amick, O’Neill, Hooker, Eriksen, Miller, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Utilities Director of Public Works Director of Building Inspections Manager of Postal Operations Benjamin & Associates Item G11 #2003-44 - Approving Final Plat and Subdivision Agreement for Country Meadows Second Subdivision The Meadows Apartment Homes LLC, owners, have submitted the final plat for Country Meadows Second Subdivision, located west of Redwood Road, and north of Old Potash Highway. This plat proposes to develop 45 lots on a piece of land located in the SW 1/4 SE 1/4 Section 14, Township, 11, Range 10. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of February 5, 2003 unanimously voted to recommend approval. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council February 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: FINAL PLAT – Country Meadows 2nd Subdivision located West of Pine Street, and North of Koenig Street, in the City of Grand Island. At the regular meeting of the Regional Planning Commission, held February 5, 2003 the above item was considered. This final plat proposes to subdivide a piece of land comprising of part of the SW ¼ SE ¼ S14-T11-R10 into 45 lots. A motion was made by Ruge and seconded by O’Neill to approve and recommend that the City Council, approve the final plat of Country Meadows 2nd Subdivision. The Planning Commission passed this motion with 8 members present voting in favor (Amick, O’Neill, Hooker, Eriksen, Miller, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Utilities Director of Public Works Director of Building Inspections Manager of Postal Operations Rockwell & Associates Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-44 WHEREAS, The Meadows Apartment Homes, L.L.C., a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section Fourteen (14), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name of COUNTRY MEADOWS SECOND SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, such subdivision was approved by the Regional Planning Commission on February 5, 2003; and WHEREAS, a copy of the plat of such subdivision has been presented to the Board of Education of School District No. 2 in Grand Island, Hall County, Nebraska, as required by Section 19- 923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of COUNTRY MEADOWS SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G12 #2003-45 - Approving One and Six Year Street Improvement Program This item relates to the aforementioned Public Hearing. Adoption of a One and Six Year Street Improvement Program is required by State law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council 2003 Construction Season (All costs in $1,000s) (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-477 S.Locust Imrovements - Stolley to Fonner Park Road $900 $900 M310-410 Annual Paving Petition Program $470 $470 M310-381 S. Locust; Floodway to I-80, Bridge C0040 4115R $875 $875 M310-455 S. Locust; Floodway to I-80, paving north of Bridge C0040 4115R (Part of State Interchange Contract)$194 $150 $44 M310-443 Engineering Design Two S. Locust bridges over Platte (N. bound Lanes)$135 $108 $27 M310-437 Faidley Ave; HWY 281 W 1/4 Mile(City share extra width)$35 $35 M310-449 Platte Valley Industrial Site Paving (East)$1,000 $1,000 M310-478 Traffic Signal - 13th St/Allen Drive $110 $110 M310-479 Downtown Alley Improvements $150 $150 M310-480 Independence Avenue Paving $900 $900 M310-481 Widen Diers Ave.(By WalMart)$80 $80 M310-482 Illumination Lighting S. Locust @ Schimmer & Wildwood $35 $35 M310-483 Macron Ave. Paving; Norseman Ave to 1/2 Block north $30 $30 M310-494 Left Turn Signals - HWY 281 @ Old Potash HWY $50 $50 Street Resurfacing M310-412 Annual Resurfacing Program $500 $500 Drainage & Flood Control M310-395 Annual Major drainage Development $250 $250 M310-307A Wood River Floodway Channel Construction $7,006 $7,006 M310-460 Concrete Lining of Drainage Ditches $50 $50 M310-484 Westridge Cell - Apron & Seeding $50 $50 M310-485 PVIP Cells & Drainage $400 $400 M310-382 Moores Creek Drain; Faidley to Edna Dr. - ROW purchase & construct to Rogers Well Site $150 $150 M310-461 Moores,Prairie, & Silver Creek Flood Control Design $150 $75 $75 Other M310-385 Geographic Information System (Continued development and maintenance)$50 $50 M310-384 Construct One Landscaped Gateway Node (No. 1)$25 $25 TOTALS $13,595 $7,956 $258 $2,400 $2,981 2/12/2003 Page 1 of 6 2004 CONSTRUCTION SEASON (All Costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Imprv. Fund Street Construction M310-477 S. Locust Improvements-Stolley to Fonner Park Road $1,050 $150 $900 M310-480 Independence Ave. Paving $900 $900 M310-432 Annual Paving Petition Program $750 $750 M310-393 Hwy 30 East (Stuhr Road to Merrick County Line) - NDOR Project (Jul 1, 2004 - Jun 30, 2005 $5,743 $5,291 $452 M310-386 S. Locust, Floodway to I-80, Bridge C0040 4120R $1,060 $848 $212 M310-388 S. Locust, Floodway to I-80, Bridge C0040 4125R $1,095 $876 $219 M310-463 Construction E&I - Two bridges over Platte (C0040-4120R & 4125R)$275 $220 $55 M310-486 Downtown Alley Improvements $125 $125 M310-487A Stolley Park Rd Widening, Locust to Fonner Park Ent.(Engineering Design) $90 $90 M310-488 Schimmer Dr. Paving; HWY 281 to 1/2 Mi west $175 $175 M310-458 Traffic Signal - HWY 281/Wildwood Dr.$160 $80 $80 M310-450 Signal Detection - Locust & Stolley Park Road $50 $25 $25 M310-489 Widen Stolley Park Road - HWY 281 west 1/4 mile $1,000 $1,000 Street Resurfacing M310-433 Annual Resurfacing Program $749 $749 Drainage & Flood Control M310-413 Annual Major Drainage Development $500 $500 M310-464 Concrete Lining of Drainage Ditches $50 $50 Other M310-387 Construct One Landscaped Gateway Node (No. 2)$25 $25 M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 M310-465 Engineering Design- Hike/Bike Bridge Superstructure over 2 Platte River Channels $50 $50 M310-462 Hike/Bike Trail Construction-Cent. Comm. College to Hall County Park $200 $160 $40 M310-389 Hike/Bike Trail Construction-Wood River Floodway to Hamilton County Bridge $400 $320 $80 M310-425 Automated RR Horn System $125 $125 TOTALS $14,622 $6,026 $2,396 $3,550 $2,650 2/12/2003 Page 2 of 6 2005 CONSTRUCTION SEASON (ALL COSTS IN $1,000's) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-409 S. Locust Grading and Median Drains for New Lanes (2005) $720 $576 $144 M310-444 Paving Petition Program $750 $750 M310-487 Stolley Park Rd widening, Locust to Fonner Park Entrance (Construction)$1,200 $1,200 M310-407 S. Locust - HWY 34 to I-80 - Additional Landscaping $60 $48 $12 M310-267 Two Bridge Replacements - Blaine @ Wood River $250 $120 $130 Street Resurfacing M310-445 Annual Resurfacing Program $750 $750 Drainage & Flood Control M310-434 Annual Major Drainage Development $500 $500 M310-466 Concrete Lining of Drainage Ditches $50 $50 M310-382 Moores Creek Drainage - Rogers Well to Edna Drive $350 $350 M310-459 Construct Drainway from CCC area to Wood River $425 $425 Other M310-390 Construct One Landscaped Gateway Node (No. 3)$25 $25 M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 M310-408 Hike/Bike Bridge Superstrucure over two Platte River Channels $350 $280 $70 M310-431 Hike/Bike Trail Construction, S. Locust - Floodway to I-80 $600 $480 $120 TOTALS $6,080 $928 $576 $1,950 $2,626 2/12/2003 Page 3 of 6 2006 CONSTRUCTION SEASON (All Costs in $1,000's) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-468 2006 Paving Petition Program $750 $750 Street Resurfacing M310-470 Annual Resurfacing Program $750 $750 Drainage & Flood Control M310-446 Annual Major Drainage Development $500 $500 M310-467 Concrete Lining of Drainage Ditches $50 $50 Other M310-385 Geographic Information System (Continued Development & Maintenance)$50 $50 M310-397 Construct One Landscaped Gateway Node (No 4)$25 $25 M310-447 Hike/Bike Trail Construction - State St. to Eagle Scout Lake $500 $400 $100 TOTALS:$2,625 $400 $0 $750 $1,475 2/12/2003 Page 4 of 6 2007 CONSTRUCTION SEASON (All Costs in $1,000's) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-341 S. Locust - Floodway to I-80, Surfacing New Lanes (2007)$2,750 $2,200 $550 M310-475 2007 Paving Petition Program $750 $750 Street Resurfacing M310-476 Annual Resurfacing Program (2007)$750 $750 Drainage & Flood Control M310-471 Annual Major Drainage Development (2007)$500 $500 M310-472 Concrete Lining of Drainage Ditches(2007)$50 $50 Other M310-414 Hike/Bike Trail Construction, S. Locust to I- 80. (Parallel to I-80)$600 $480 $120 TOTALS:$5,400 $480 $2,200 $750 $1,970 2/12/2003 Page 5 of 6 2008 and After Construction (All costs in $1,000s) No.Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310-490 Annual Paving Petition Program (2008)$750 $750 M310-334 Widen Eddy Street Underpass to 5-lanes on south end $175 $175 M310-469 Capital Ave - HWY 281 to Webb Rd $875 $875 M310-89 Capital Ave - Webb to St. Paul Road $3,000 $3,000 M310-14 Eddy Street - 4th to 10th (5 lane)$1,800 $1,800 M310-353 Faidley Ave. - 1/4 Mile W. of Hwy 281 to North Rd.$1,250 $1,250 M310-351 Hwy 30 - Grant to Greenwich - NDOR Project (FY 2008)$3,524 $2,819 $705 M310-352 Hwy 30 - Hwy 281 to west City Limits - NDOR Project (?)$9,449 $7,559 $1,890 M310-411 Hwy 34 - Locust to Hwy 281 - NDOR Project (?)$6,679 $5,343 $1,336 Street Resurfacing M310-491 Annual Resurfacing Program (2008)$750 $750 Drainage & Flood Control M310-492 Annual Major Drainage Development (2008)$500 $500 M310-493 Concrete Lining of Drainage Ditches(2008)$50 $50 Other M310-415 Construct One Landscaped Gateway Node (No 5)$25 $25 M310-435 Construct One Landscaped Gateway Node (No. 6)$25 $25 M310-385 Geographic Information System (Continued development and maintenance)$50 $50 M310-416 BLDG Improvements at West Yard $375 $375 TOTALS $29,277 $15,721 $0 $11,606 $1,950 2/12/2003 Page 6 of 6 Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-45 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent on January 25, 2003, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 5, 2003, on the One and Six Year Street Improvement Program for 2003-2008 for the City of Grand Island; and WHEREAS, at the February 5, 2003 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Program 2003-2008, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent on February 8, 2003, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 18, 2003, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, this Council has determined that the Six Year Street Improvement Program as set out in Exhibit "A" should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Six Year Street Improvement Program 2003- 2008, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit "A", is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G13 #2003-46 - Approving Renewal of Leases at Cornhusker Army Ammunition Plant The City of Grand Island currently owns a 420 acre tract of land at the former Cornhusker Army Ammunition Plant site to be used for a multi-purpose recreational facility. Prior to the City's ownership, the U.S. Army Corps of Engineers leased a number of the buildings on the property for storage purposes. In May of 2001, the City entered into agreements with Dominion Construction Company and Jerry Harders to continue such leasing arrangements. Both lease agreements allow an extension of the lease in one-year increments. We recommend approval for a one-year extension of the building leases for both Dominion Construction Company and Jerry Harders at the same rate as indicated in the agreements. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-46 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases provide an automatic one-year renewal if requested by the Lessee's; and WHEREAS, two of the Lessee's have requested that their lease be extended for another year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be extended for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,000/yr. Jerry Harders Fire/guard building $500/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G14 #2003-47 - Approving Bid Award for Police Mobile Data Radio Units The City of Grand Island Police Department published and advertised for bids for 25 police mobile data radio units. Bids were opened on January 30, 2003 and two bids from local venders were submitted that met specifications. Abacus Business Systems, Inc. bid $1,186.48 per unit and Platte Valley Communications bid $1,104.00 per unit. It is recommended that Platte Valley of Grand Island, Nebraska be awarded the bid for the 25 police mobile data radio units for a total cost of $27,600. Funds were budgeted and are available from account fund #10022301-85620. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 30, 2003 FOR: Police Mobile Data Radio Units DEPARTMENT: Police Department ENGINEER’S ESTIMATE: $1,800.00 per unit ($45,000.00 total) FUND/ACCOUNT: 10022301-85620 PUBLICATION DATE: January 22, 2003 NO. POTENTIAL BIDDERS: SUMMARY Bidder: Abacus Business System, Inc. Platte Valley Communications Grand Island, NE Grand Island, NE Exceptions: NONE NONE Bid Price: $1,186.48 per unit $1,104.00 per unit cc: Pete Kortum, Captain RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P799 Approv ed as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-47 WHEREAS, the City of Grand Island invited sealed bids for Police Mobile Data Radio Units, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on January 30, 2003, bids were received, opened and reviewed; and WHEREAS, Platte Valley Communications 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 $1,104.00 per unit; and WHEREAS, Platte Valley Communications' bid is below the engineer's estimate for such radios. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Platte Valley Communications of Grand Island, Nebraska, in the amount of $1,104.00 per unit for 25 police mobile data radio units is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G15 #2003-48 - Approving Certificate of Final Completion for Installation of Greenhouse The Park and Recreation Department has recommended that the Certificate of Final Completion be issued for the installation of a greenhouse. The contract was awarded to Stuppy Greenhouse of North Kansas City, Missouri on August 13, 2002. The work commenced December 1, 2002 and was completed in early February, 2003. The performance of the contract was supervised by the Park Maintenance Division and a Certificate of Final Completion has been issued by the Park and Recreation Director, subject to City Council approval. Approval is recommended. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-48 WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his Certificate of Final Completion for Installation of Greenhouse, certifying that Stuppy Greenhouse of North Kansas City, Missouri, under contract dated August 13, 2002, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Parks and Recreation Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Parks and Recreation Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Parks and Recreation Director's Certificate of Final Completion for Installation of Greenhouse is hereby confirmed. 2. A warrant be issued from Account No. 40044450-90034 in the amount of $27,475.00 payable to Stuppy Greenhouse for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G16 #2003-49 - Approving Acquisition of Public Utility Easement in Lots 1 and 2, Lassonde Subdivision, Located at 1027 Capital Avenue This item relates to the aforementioned Public Hearing. Acquisition of Easements in Lots 1 and 2, Lassonde Subdivision, is required in order to have access to provide sanitary sewer to new developments to the south. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-49 WHEREAS, public utility easements are required by the City of Grand Island, from R&M Lassonde Family Trust, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on February 18, 2003, for the purpose of discussing the proposed acquisition of easements and rights-of-way through a part of Lots One (1) and Two (2), Lassonde Subdivision in the City of Grand Island, Hall County, Nebraska, the utility easements and rights- of-way being more particularly described as follows: Tract No. 1: The West Ten (10.0) feet of Lot One (1), Lassonde Subdivision in the City of Grand Island, Hall County, Nebraska. Tract No. 2: The East Ten (10.0) feet of Lot Two (2), Lassonde Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easements and rights-of-way are shown on the plat dated January 15, 2003, marked Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire public utility easements from R&M Lassonde Family Trust, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G17 #2003-50 - Approving Acquisition of Public Utility Easement in Lot 1, Pedcor Subdivision, Lcated at 3330 Husker Highway This item relates to the aforementioned Public Hearing. Acquisition of Easement in Lot 2, Pedcor Subdivision, is required in order to have access to provide sanitary sewer to properties at the northwest corner of the intersection of US Highway 281 and Husker Highway. See attached RESOLUTION.. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-50 WHEREAS, a public utility easement is required by the City of Grand Island, from Pedcor Investments, a Wyoming limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on February 18, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Two (2) Pedcor Subdivision in the City of Grand Island, Hall County, Nebraska, the utility easement and right-of-way being more particularly described as follows: Being the East Twenty (20.0) feet of Lot Two (2), Pedcor Subdivision and the South Twenty (20.0) feet of Lot Two (2) Pedcor Subdivision. The above-described easement and right-of-way is shown on the plat dated January 28, 2003, marked Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Pedcor Investments, a Wyoming limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G18 #2003-51 - Approving Authorization of R.J. Thomazin, dba Thomazin Company for U.S. Department of Agriculture Power of Attorney for the City of Grand Island Each year the City of Grand Island Utilities Department has agricultural lands that need to be leased and the City retains the services of Robert J. Thomazin to handle the leasing of the City’s agricultural properties. Part of Mr. Thomazin’s duties as Grand Island’s representative are to be aware of the governmental agricultural programs through the Farm Services Agency and to sign necessary documents on behalf of the City of Grand Island as its agent for the purposes of leasing the agricultural lands which are part of the properties owned by Grand Island Utilities. For Mr. Thomazin to represent the City of Grand Island it is necessary that he be authorized to be Grand Island’s attorney in fact through a power of attorney form to sign all necessary documents on behalf of the City of Grand Island so that the City is eligible for government program payments on any agricultural lands for which it is eligible to receive such payments from the Farm Services Agency. It is therefore the recommendation of the City Utilities Department that the resolution be approved to make Robert J. Thomazin, individually and doing business as Thomazin Company to be attorney in fact for the City of Grand Island for the sole purpose of executing documents with the Farm Services Agency to enable Grand Island and its tenants to receive government program payments on its agricultural lands. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-51 WHEREAS, the City of Grand Island owns undeveloped property in various areas of the city which they lease to area farmers for crop and hayland purposes; and WHEREAS, R. J. Thomazin, doing business as Thomazin Co., has historically assisted the City in locating farmers interested in leasing such land on an annual basis, preparing such lease agreements, and managing the lease agreements; and WHEREAS, in order for the farmers to enroll such property in Farm Service Agency and/or Commodity Credit Corporation programs, R. J. Thomazin must be designated as the U.S. Department of Agriculture Power of Attorney for the City of Grand Island; and WHEREAS, R. J. Thomazin's Power of Attorney rights pertain only to the crop and hayland leases entered into with the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that R. J. Thomazin, doing business as Thomazin Co., is hereby designated as the U.S. Department of Agriculture Power of Attorney for the City of Grand Island for the purpose of entering into and managing crop and hayland leases on property owned by the City of Grand Island which may be enrolled in Farm Service Agency and/or Commodity Credit Corporation programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G19 #2003-52 - Approving Memorandum of Understanding Between Omaha Public Power District and Grand Island Utilities Department Background: The Utilities Department's addition of the Gas Turbines will meet the peaking requirements of the City for many years to the future. However in the 2008-2012 time frame, optimum mix of peaking and base load electric generation resources will begin to erode, as operation of the gas fired generation increases to meet projected City load increases. With the cost of natural gas fuel three to five times higher than coal fired energy, increases in gas consumption have a major impact on finances. Therefore, the Utilities Department Staff has been participating in the preliminary discussions of three possible base load, coal fired power plant projects being evaluated in the State. 1.) Hastings Utilities and the Nebraska Municipal Power Pool (HU/NMPP). A 200MW unit to be built at the Whelan Energy Center in Hastings, projected commercial operation in 2008. GI has participated at a 15MW level, and executed a Confidentiality Agreement and Preliminary Engineering Evaluation Agreement, with the Department's cost share for the preliminary analysis not to exceed $67,500. This plant does not yet have State Power Review Board (PRB) approval. 2.) Omaha Public Power District (OPPD), Nebraska City Unit #2 (NC2). A 600MW unit to be built by OPPD at their existing plant site on the Missouri River near Nebraska City, projected commercial operation in 2009. OPPD will retain 300MW of capacity for its load growth and is marketing the additional 300MW. Grand Island Utilities has expressed interest in participation at the amount of 30MW. However, no formal commitment to this project has been made. OPPD has PRB approval for this project. 3.) Nebraska Public Power District (NPPD). A 400MW unit, possibly to be built west of Grand Island at the old Cornhusker Army Ammunition Plant (CHAAP), projected commercial operation after 2012. CHAAP is one of three sites being considered by NPPD. With the HU/NMPP and OPPD projects, and a 700MW Council Bluffs #4 unit in Iowa moving toward construction, and NPPD's apparent decision to continue to operate the Cooper Nuclear Station, the time line of this project is expected to be well into the future. Grand Island has a Letter of Agreement with NPPD for capacity if/when the plant is built, but this project remains in the very preliminary stage. Discussion: Tuesday, February 18, 2003 Council Session City of Grand Island City of Grand Island City Council OPPD is moving ahead rapidly with the NC2 Project and wishes to firm up the participation agreements. They have asked the participants to execute a Memorandum of Understanding (MOU) committing to shares of the 300MW being marketed. The MOU includes commitment to negotiate in good faith to reach agreement on a final Participation Power Agreement (PPA) and the providing of certain financial and utility operating information to the project sponsor, OPPD. A copy of the MOU is attached. Recommendation: It is the recommendation of the Utilities Department that the MOU be approved and that the Department continue to participate in the development of this base load, coal fired power resource being added in the State. Fiscal Effects: The final form of the payment schedules is to be developed with the PPA. However, it is known that the payment schedule will cover the capital cost of a 30MW share of a 600MW unit over the projected 40 year life of the plant. That share is estimated at an initial cost of $45,000,000; plus fuel, operation and maintenance costs associated with the operation of a coal fired power plant on a percentage of participation basis among the project sponsor and participants over the life of the plant. Alternatives: None recommended. This is one of only two base load, coal fired plants being pursued for completion in the next ten years in the State, and the only one with Power Review Board approval. See attached RESOLUTION. Staff Contact: Gary R. Mader City of Grand Island City Council 1 MEMORANDUM OF UNDERSTANDING BETWEEN OMAHA PUBLIC POWER DISTRICT AND ____________________ February 5, 2003 A.Overview. This Memorandum of Understanding ("MOU") summarizes the basic terms of a proposed transaction (the "Proposed Transaction") between Omaha Public Power District ("OPPD") and ___________________ (the "Participant"). The Proposed Transaction involves the construction and operation of a single coal fueled generating unit located near Nebraska City, Nebraska with an anticipated 600MW capacity ("NC2"). The Proposed Transaction also involves various other parties entering into MOU's with OPPD in forms substantially similar hereto, which parties are also referred to as ("Other Participants"). B.Parties. The "Parties" to the Proposed Transaction are OPPD, the Participants and other parties who may in the future become participants under the Definitive Agreement, as hereinafter defined. C.Proposed Transaction and Definitive Agreement. The terms of the Proposed Transaction are outlined in the Participation Power Agreement attached hereto as Exhibit "A" (the "Definitive Agreement"). As described in the Definitive Agreement, OPPD desires to allocate 300MW of NC2's generating capacity to Participant and the Other Participants. Participant hereby subscribes for _____MW (such subscription will be converted to a percentage and/or rounded up or down pursuant to the Definitive Agreement) of NC2's generating capacity ("Participant's Subscription"). OPPD shall have the right to reduce or offer to increase, at OPPD’s sole discretion, Participant's Subscription in the event that the total of all Participants' Subscriptions exceeds or is less than 300MW. In the event that OPPD elects to reduce or offers to increase Participant’s Subscription and OPPD delivers written notice thereof to Participant, Participant shall have 30 days from the date of such notice to notify OPPD in writing of its desire to increase or accept the proposed change in Participant's Subscription. If no written response is timely 2 received by OPPD, the proposed change by OPPD shall be deemed to have been accepted by Participant. In no event shall any single Participant have a right to a Participant's Subscription in excess of 150 MW of the generating capacity of NC2. The Parties agree to negotiate in good faith to finalize the terms and conditions of and effect the Proposed Transaction in a form substantially similar to the Definitive Agreement. The Participant may provide comments on the Definitive Agreement in writing to OPPD by April 15, 2003. Participant understands that OPPD is relying upon Participant's firm commitment of interest in the Proposed Transaction, as expressed herein, in evaluating, engineering and designing NC2. Specifically, the maximum design capacity of NC2 will be based substantially upon the commitment of Participant hereunder and the commitments of Other Participants under their separate MOUs. D.Submission of Information. Participant agrees to provide to OPPD, at or before Participant’s acceptance of this MOU, the following information: (a) the financial information requested in Exhibit "B" attached hereto; and (b) the power supply information requested in Exhibit “C” attached hereto. Participant also agrees to meet with OPPD and/or it’s consultants if necessary to provide additional background information that may be necessary to supplement Participant’s responses to Exhibits B and C. E.Expenses. Participant shall bear its own costs and expenses (including all legal, accounting and other costs) with respect to this MOU and the Proposed Transaction, whether the Proposed Transaction is consummated or not. In consideration of the substantial time that OPPD has spent and will be required to spend and the substantial expenses that it has and will be required to incur in connection with the engineering and design of NC2 and the negotiation, preparation, execution or consummation of a Definitive Agreement, and as an inducement to OPPD to enter into this MOU without regard to whether the Proposed Transaction is consummated, Participant agrees that in the event that the Definitive Agreement is not executed by Participant for any reason whatsoever, Participant will reimburse OPPD promptly $200.00 per MW of Participant's Subscription. 3 F.Contingencies. The Parties agree that the Proposed Transaction is contingent upon the execution of this MOU and a Definitive Agreement satisfactory to the Parties and upon obtaining the following approvals: (a) final approval of the Proposed Transaction by the Board of Directors of OPPD; and (b) any regulatory approvals necessary, as determined by OPPD, for any part of the Proposed Transaction. G.Confidentiality. To the fullest extent provided by law, the Parties agree that the terms of this MOU, the Definitive Agreement and the Proposed Transaction shall be confidential and shall not be disclosed except as agreed in writing by the Parties or as required by law. However, prior to any disclosure that may be required by law, the Party affected by the legal requirement shall provide prompt written notice to the other Party and that Party may bring a legal action to prevent disclosure. Furthermore, the Parties agree that any press release or any publicly available description of the Proposed Transaction, this MOU, or any other aspect of this proposed business arrangement will be reviewed and approved by each Party prior to any public release. H.Enforceability of MOU. Except for the obligations of the Parties in this Paragraph H and in Paragraphs C, E, G, and I neither this MOU nor any past or future conduct of the Parties hereto, their affiliates, agents or representatives (other than the execution and delivery of the Definitive Agreement) shall be deemed to constitute a binding or enforceable agreement, express or implied, for the Proposed Transaction. Without limiting the generality of the foregoing, OPPD and the Participant each agree on behalf of itself and its affiliates not to institute or maintain any claims or proceedings which seek to establish, or which are otherwise based upon an assertion, that any such contractual relationship exists, except pursuant to the Definitive Agreement if negotiated, executed and delivered by the Parties. In the event the Parties execute the Definitive Agreement, this MOU shall be superseded thereby (regardless of whether the Definitive Agreement expressly so provides). 4 I.Governing Law and Jurisdiction. This MOU shall be governed by, and construed in accordance with, the laws of the State of Nebraska without regard to conflict of law principles. In the event any Party to this MOU commences a legal proceeding in connection with or relating to this MOU, the Parties hereby: (a) agree under all circumstances absolutely and irrevocably to institute any legal proceeding in a court of competent jurisdiction located within the State of Nebraska, whether a state or federal court; (b) agree to consent and submit to the personal jurisdiction of any such court located in Nebraska; and (c) agree to waive to the fullest extent permitted by law any objection that they may now or hereafter have to the venue of any such legal proceeding or that any such legal proceeding was brought in any inconvenient forum. J.Expiration. In the event that this MOU is not executed by the Parties on or before March 1, 2003, this MOU shall be void and Participant shall be precluded from entering into any agreement with OPPD regarding the purchase of power and energy produced at NC2. OMAHA PUBLIC POWER DISTRICT ("OPPD") By:________________________________ Its: ________________________________ ___________________________________ ("PARTICIPANT") By: ________________________________ Its: ________________________________ 5 EXHIBIT A PARTICIPATION POWER AGREEMENT (See enclosed Participation Power Agreement dated 2-5-03) 6 EXHIBIT B FINANCIAL INFORMATION 1. Complete the attached OMAHA PUBLIC POWER DISTRICT – Credit Information Sheet. 2. Provide copies of the following documents: a) Most recent audited financial statements/annual reports for the past consecutive three years; including the Balance Sheet, Statement of Net Earnings and Statement of Cash Flows; b) Most recent quarterly financial statement; and c) Most recent company credit profile report from a nationally recognized rating agency. 7 EXHIBIT B (Continued) OMAHA PUBLIC POWER DISTRICT Credit Information Sheet Legal Name Type and State of Organization Mailing Address Telephone Number Years in Business Fax Number Web site address Generation Capacity General Name of Credit Contact Name of A/P Contact Telephone Number Telephone Number S&P Rating & Business Profile Moody’s Rating Other RatingCredit Dun & Bradstreet Number Name of Bank Contact Person Telephone Number Mailing Address Yes No Amt. Bank Reference Relationship ___ (Yrs.) Bank Lines Credit Name of Bank Exp. Date Amt. Outstanding Name of Reference Contact Person Telephone Number References Trade Reference Mailing Address 8 EXHIBIT C PARTICIPANT POWER SUPPLY INFORMATION The Participant agrees to provide to OPPD the following information: 1. Copy (paper or electronic) of most recent Integrated Resource Plan or other available power supply planning document containing, at a minimum, the following information: a. Historical monthly peak demand, total energy, and load factor data. b. Most recently updated peak demand and total energy forecast. c. Generating unit data for existing generating units and planned new units such as net capacity, heat rate, fuel, and operation & maintenance costs. d. Power purchase and sales agreement information such as available capacity, average power cost, and contract term. e. Planning reserve requirements. 2. Historical hourly system load data for most recently available calendar year(s) in electronic form such as an Excel spreadsheet. Additional information may be requested from Participant as needed. Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-52 WHEREAS, the addition of the gas turbines at the Burdick Station will meet the City of Grand Island's utility peaking requirements for many years into the future; and WHEREAS, optimum mix of peaking and base load electric generation resources, however, will begin to erode in the 2008-2012 time frame; and WHEREAS, with the cost of natural gas fuel three to five times higher than coal fired energy, increases in gas consumption have a major impact on finances; and WHEREAS, participation with other Nebraska coal-fired power plants will be an option to obtain additional energy sources if necessary; and WHEREAS, Omaha Public Power District is constructing a 600MW unit at their existing plant site on the Missouri River near Nebraska City, which will have 300MW of generating capacity available to other entities; and WHEREAS, it is recommended that the City commit to negotiate in good faith to reach agreement with Omaha Public Power District for up to 30 MW of energy from its Nebraska City Unit #2; and WHEREAS, a Memorandum of Understanding has been prepared to finalize the terms and conditions of a Participation Power Agreement between the parties in order to obtain up to 30MW of energy after the Omaha Public Power District Nebraska City Unit #2 is constructed and operational. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding between the City of Grand Island and Omaha Public Power District is hereby approved to finalize the terms and conditions of a Participation Power Agreement between the parties in order to obtain up to 30MW of energy after the Omaha Public Power District Nebraska City Unit #2 is constructed and operational. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Memorandum of Understanding on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G20 #2003-53 - Approving Agreement with Jacobson Helgoth Consultants for Value Engineering Consulting Services at the Wastewater Treatment Plant At the December 4, 2001 Council meeting, CH2M Hill was selected to do a study and design improvements to the Solids Handling Process at the Wastewater Treatment Plant. The City Of Grand Island advertised a Request for Proposals on January 14, 2003 to perform a Value Engineering (VE) review of the design. The VE review will consist of a week-long workshop with consultants and City staff. The VE team will review the design to insure that the design is proceeding in the right direction and look for potential cost savings for upcoming construction project. Jacobson Helgoth Consultants of Omaha, Nebraska has been selected to perform the review. It is recommended that Council approve the selection and authorize the Mayor to sign the agreement. The consultants will do the work for a lump sum of $39,100. There are sufficient funds in Account No. 53030001- 85207. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR VALUE ENGINEERING CONSULTING SERVICES RFP DUE DATE: February 3, 2003 DEPARTMENT: Public Works (WWTP) PUBLICATION DATE: January 14, 2003 NO. POTENTIAL BIDDERS: SUMMARY OF PROPOSALS RECEIVED Jacobson Helgoth Consultants Omaha, NE Solutions Engineering & Facilitating, Inc. Evergreen, CO. Stanley Consultants, Inc. Muscatine, IA cc: Steve Riehle, Public Works Director Ben Thayer, Supt. of WWTP Operations & Engineering RaNae Edwards, City Clerk David Springer, Finance Director Dale Shotkoski, Purchasing Agent P800 Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-53 WHEREAS, on December 4, 2001, by Resolution 2001-330, the City of Grand Island approved the proposal of CH2M Hill of Englewood, Colorado to furnish engineering consulting services for review of sewage sludge handling and disposal methods; and WHEREAS, the City of Grand Island invited proposals for Furnishing Value Engineering Consulting Services, according to plans and the Request for Proposals on file at the Wastewater Treatment Plant Division; and WHEREAS, proposals were due on February 3, 2003; and WHEREAS, Jacobson Helgoth Consultants, Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein; such proposal being in the amount of $39,100. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Jacobson Helgoth Consultants, Inc. of Omaha, Nebraska, for furnishing value engineering consulting services in the amount of $39,100 is hereby approved. BE IT FURTHER RESOLVED, that a contract by and between the city and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G21 #2003-54 - Approving Agreement with Midwest Laboratories, Inc. for Environmental Monitoring Services at the Grand Island Regional Landfill The Solid Waste Division, Public Works Department requested proposals on January 21, 2003 for Environmental Monitoring Services for sampling groundwater wells to ensure we are protecting the groundwater near the Grand Island Regional Landfill. Groundwater testing is required by the Nebraska Department of Environmental Quality as a condition of the Landfill permit. Six proposals were received and reviewed by a selection committee. Midwest Laboratories of Omaha, Nebraska was chosen to perform the work. The term of the agreement is for 3 years. It is recommended that Council approve the selection and authorize the Mayor to sign the agreement. The cost per year for the testing will be $11,888.00. There are sufficient funds available in account 50530043-85213. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENVIRONMENTAL MONITORING SERVICES FOR THE SOLID WASTE DIVISION RFP DUE DATE: February 5, 2003 DEPARTMENT: Public Works (Solid Waste Division) PUBLICATION DATE: January 21, 2003 NO. POTENTIAL BIDDERS: SUMMARY OF PROPOSALS RECEIVED RDG Geoscience & Engineering, Inc. Omaha, NE Olsson Associates Lincoln, NE Geotechnical Services, Inc. (Gsi) Grand Island, NE Barker Lemar Engineering Consultants Des Moines, IA Midwest Laboratories, Inc. Omaha, NE cc: Steve Riehle, Public Works Director Kevin McKennon, WWTP Solid Waste Division RaNae Edwards, City Clerk David Springer, Finance Director Dale Shotkoski, Purchasing Agent P801 Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-54 WHEREAS, the City of Grand Island invited proposals for Environmental Monitoring Services at the Grand Island Area Landfill, according to plans and the Request for Proposals on file with the Solid Waste Division of the Public Works Department; and WHEREAS, proposals were due on February 5, 2003; and WHEREAS, Midwest Laboratories, Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals and all other statutory requirements contained therein; such proposal being in the amount of $11,888. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Midwest Laboratories, Inc. Inc. of Omaha, Nebraska, for environmental monitoring services at the Grand Island Area Landfill in the amount of $11,888 per year for a contract period of February 2003 to February 2006 is hereby approved as the best evaluated proposal received. BE IT FURTHER RESOLVED, that a contract by and between the city and such contractor be entered into for such project; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G22 #2003-55 - Approving Amendment to Agreement for Engineering Services with Olsson Associates to Perform Right of Way Appraisals on South Locust Street from Stolley Park Road to Fonner Park Road The Public Works Department advertised for proposals for Professional Engineering and Landscape Architecture Services along South Locust Street from Stolley Park Road to Fonner Park Road in Business Improvement District 4 on September 20, 20002. At the November 12, 2002 meeting, the City Council approved the selection of Olsson Associates of Grand Island. The Agreement with Olsson Associates did not include Appraisal Services or Right of Way Negotiations because the project is on a tight schedule and we wanted to get the consultants started on survey and design work as soon as possible. The lump sum price of $19,300 (approximately $650 per tract of land) is considered fair and reasonable based on another quote of $670, and comparisons made by staff with other appraisals. The price paid on the South Locust project between US Highway 34 and Stolley Park Road was approximately $1,000 per parcel. Three recent commercial property appraisals cost $833 per parcel. It is recommended that Council approve the selection and authorize execution of the Agreement. A second amendment will be needed in the future to include Right of Way negotiations. Adequate funds are available in account number 40033530-90066 for this project. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-55 WHEREAS, on November 12, 2002, by Resolution 2002-350, the City of Grand Island approved an agreement with Olsson Associates for professional engineering and landscape architecture services along a ½ mile stretch of South Locust Street from Stolley Park Road to Fonner Park Road; and WHEREAS, due to time constraints, appraisal or right-of-way negotiations were not included in the work to be performed under such agreement; and WHEREAS, it is now necessary to have such appraisals performed; and WHEREAS, an amendment to the agreement for engineering services with Olsson Associates is recommended to include such appraisal services at this time. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Amendment to the Agreement for Professional Engineering and Landscape Architecture Services by and between the City and Olsson and Associates to include appraisal services along South Locust Street in Business Improvement District No. 4 is hereby approved; and the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G23 #2003-56 - Approving Contracts with General Collection, Inc. and Credit Management for the Collection of Delinquent Ambulance Billings The government, through the Health Insurance and Accountability Act, requires that a contract be in place by April 14, 2003, between health care providers and all collection agencies it utilizes in order to set out the terms and conditions for the disclosure of protected health information. The City of Grand Island uses General Collection, Inc. and Credit Management for the collection of delinquent accounts. A Contract for Services for each company has been reviewed and approved by the City Attorney's office. It is recommended that these contracts with General Collections, Inc. and Credit Management be approved. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-56 WHEREAS, the Health Insurance Portability and Accountability Act of 1996 requires that a contract must be in place by April 14, 2003, between health care provider and all collection agencies it utilizes in order to set out the terms and conditions for the disclosure of protected health information; and WHEREAS, the City of Grand Island uses General Collection, Inc. and Credit Management for the collection of delinquent ambulance billing; and WHEREAS, a proposed Contract for Services for each company 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 contracts with General Collection, Inc. and Credit Management for the collection of delinquent ambulance billing is hereby approved; and the Mayor is hereby authorized to execute such contracts on behalf of the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G24 #2003-57 - Approving Bid Award for Exercise Equipment for the Fire Department The Fire Department, has submitted a request for awarding a bid for exercise equipment. Six (6) bids were received for the various equipment. We are awarding this bid based on unit pricing and are recommending the following: % Wayne Cyclery of Grand Island, Nebraska for four treadmills @ $4820 each; eight elliptical trainers @ $3250 each with one year extended quarterly service @ $400. Their total bid award would be $45,680. % Nova Health Equipment of Omaha, Nebraska for eight Power Block Pro Stands @ $59.50 each for a total bid award of $476. % Push-Pedal-Pull of Omaha, Nebraska for eight Power Block Pro Sets @ $625 each and four weight benches @ $225 each for a total bid award of $5,900. This equipment is being purchased through a Federal Emergency Management Agency grant. The Federal share is 90 percent or $46,850.40 and the city's share is 10 percent or $5,205.60. The funds for this purchase will be taken from account number 10022101-85615 and 10022101-85540. The estimate was $52,180. It is recommended that the bid be awarded to Wayne Cyclery of Grand Island, Nebraska for $45,680; Nova Health Equipment of Omaha, Nebraska for $476 and Push-Pedal-Pull of Omaha, Nebraska for $5,900. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: February 6, 2003 FOR: Exercise Equipment DEPARTMENT: Fire Department ENGINEER’S ESTIMATE: $52,180.00 FUND/ACCOUNT: 10022101-85615 10022101-85540 PUBLICATION DATE: January 25, 2003 NO. POTENTIAL BIDDERS: SUMMARY Bidder: Wayne’s Cyclery Priority One Fitness Grand Island, NE Omaha, NE Exceptions: NONE NOTED Bid Price: (1) $19,280.00 (4) No Bid (1) $22,400.00 (4) $ 952.00 (2) $13,000.00 (5) No Bid (2) $15,400.00 (5) $1,116.00 (3) No Bid (3) $ 6,992.00 Bidder: NOVA Health Equipment Central States Fitness Systems Omaha, NE Greenwood, MO Exceptions: NOTED NOTED Bid Price: (1) $23,400.00 (4) $ 476.00 (1) $23,996.00 (4) No Bid (2) $17,580.00 (5) $ 3,160.00 (2) $13,996.00 (5) $1,996.00 (3) $ 7,400.00 (3) No Bid Bidder: Body Basics Push-Pedal-Pull Lincoln, NE Omaha, NE Exceptions: NONE NOTED Bid Price: (1) $19,280.00 (4) $ 760.00 (1) $19,900.00 (4) $720.00 (2) $13,280.00 (5) $ 1,080.00 (2) $15,400.00 (5) $900.00 (3) $ 5,760.00 (3) $ 5,000.00 cc: Jim Rowell, Fire Chief RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P802 Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-57 WHEREAS, the City of Grand Island invited sealed bids for Exercise Equipment for the Fire Department, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on February 6, 2003, bids were received, opened and reviewed; and WHEREAS, Wayne's Cyclery 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 $4,820 per unit for 4 treadmills and $3,250 per unit for 8 elliptical trainers with a one year extended quarterly service charge of $400 for a total bid of $45,680 for those items; and WHEREAS, Nova Health Equipment of Omaha, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $59.50 per unit for 8 Power Block Pro stands for a total amount of $476.00 for those items; and WHEREAS, Push-Pedal-Pull of Omaha, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $625.00 per unit for 8 Power Block Pro sets and $225.00 per unit for 4 weight benches for a total bid of $5,900 for those items; and WHEREAS, the equipment is being purchased through a Federal Emergency Management Agency grant, with the City's portion of such funding to be 10% of the total costs or approximately $5,205.60. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The bid of Wayne's Cyclery of Grand Island, Nebraska, in the amount of $4,820 per unit for 4 treadmills and $3,250 per unit for 8 elliptical trainers with a one year extended quarterly service charge of $400 for a total bid of $45,680 is hereby approved as the lowest responsible bid for those items. 2. The bid of Nova Health Equipment of Omaha, Nebraska, in the amount of $59.50 per unit for 8 Power Block Pro stands is hereby approved as the lowest responsible bid for that item. 3. The bid of Push-Pedal-Pull of Omaha, Nebraska, in the amount of $625.00 per unit for 8 Power Block Pro sets and $225.00 per unit for 4 weight benches for a total bid of $5,900 is hereby approved as the lowest responsible bid for those items. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item G25 #2003-58 - Approving Bid Award for Sucks Lake Improvement Project The Park and Recreation Department, has submitted a request for awarding a bid for Sucks Lake Improvement Project. Three bids were received ranging from $441,049.30 to $414,080.87. The low bid was submitted by General Excavating of Lincoln, NE in the amount of $414,080.87. There are sufficient funds for this purchase in account numbers 40044450-90021($323,680.87) and account number 40033530-90061 (90,400.00). The engineers estimate was $420,000.00. It is recommended that the bid be awarded to General Excavating of Lincoln, NE in the amount of $414,080.87. See attached RESOLUTION. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today RE-BID OPENING BID OPENING DATE: February 12, 2003 FOR: Sucks Lake Restoration DEPARTMENT: Parks & Recreation ENGINEER’S ESTIMATE: $320,000.00 $100,000.00 FUND/ACCOUNT: 40044450-90021 ($320,000.00) 40033530-90061 ($100,000.00) PUBLICATION DATE: SUMMARY Bidder: Diamond Engineering Judds Brothers Construction Grand Island, NE Lincoln, NE Bid Security: Travelers Casualty & Surety Co. Travelers Casualty & Surety Co. Exceptions: NONE NONE Bid Price: $437,424.30 $437,492.00 Bidder: General Excavating Lincoln, NE Bid Security: Universal Surety Company Exceptions: NOTED Bid Price: $414,080.87 cc: Steve Paustian, Parks & Recreation Director RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P784 Approved as to Form ¤ ___________ February 14, 2003 ¤ City Attorney R E S O L U T I O N 2003-58 WHEREAS, the City of Grand Island invited sealed bids for Suck's Lake Restoration, according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on February 12, 2003, bids were received, opened and reviewed; and WHEREAS, General Excavating of Lincoln, 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 $414,080.87; and WHEREAS, General Excavating's bid is below 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 General Excavating of Lincoln, Nebraska, in the amount of $414,080.87 for Suck's Lake restoration is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that an agreement be entered between the City and such contractor, 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, February 18, 2003. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of February 5, 2003 through February 18, 2003 The Claims for the period of February 5, 2003 through February 18, 2003 for a total amount of $1,962,987.06. A MOTION is in order. Tuesday, February 18, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council