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06-10-2003 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 10, 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. /Invocation - Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue City of Grand Island City Council Item C1 Proclamation "United States Army Week" June 9-15, 2003 Whereas, the United States Army was established on June 14, 1775 to defend the freedom of our citizens and our nation's security interests, the Mayor has proclaimed June 14, 2003 as the United States Army's 228th birthday and the week of June 9-15, 2002 as "United States Army Week". The Mayor encourages all citizens to express our gratitude to those who have served and those who are now serving to protect our nation and its freedoms. Sgt. Clauss from the Grand Island Recruiting Station will be present to receive the Proclamation. See attached PROCLAMATION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, the United States Army was established by the First Continental Congress on the 14th day of June, 1775; and WHEREAS, the United States Army exists to defend the freedom of our citizens and our nation’s security interests; and WHEREAS, many citizens of Grand Island have served their nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and WHEREAS, it is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby designate June 14th as the United States Army’s 228th birthday and proclaim June 9-15, 2003 as “UNITED STATES ARMY WEEK” in the City of Grand Island, and encourage all citizens to join with me in this salute as we express our gratitude to those who have served and those who are now serving to protect our nation and its freedoms and to take due note of the observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this tenth day of June in the year of our Lord Two Thousand and Three. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Ronald King dba King's Bar, 316 East 2nd Street for a Class "C" Liquor License Ronald King dba King's Bar, 316 East 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, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E2 Public Hearing on Request of Greg J. Penner dba Fine Liquors, 1939 North Broadwell Avenue for a Class "D" Liquor License Greg J. Penner dba Fine Liquors, 1939 North Broadwell Street, has submitted an application for a Class "D" Liquor License. A Class "D" Liquor License allows for the sale of alcoholic beverages off sale only 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, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E3 Public Hearing on Request of Mike and Janel Tagart for a Conditional Use Permit to Allow for Temporary Use of Existing Home During Construction of a New Home Located at 3045 West Schimmer Drive Mike and Janel Tagart, 3045 West Schimmer Drive, have submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the temporary use of their existing home during the construction of a new house located on the same property. The property is currently zoned T-A Transitional Agriculture. One of the restrictions of that zoning classification is to allow only one principal building on one zoning lot. As a single family dwelling exists on the property, a permit to build a new single family dwelling could not be issued without the consent of the City Council in the form of an approved conditional use permit. City code provides for conditional uses for temporary buildings and uses not to exceed two years in undeveloped areas. 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, June 10, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item E4 Public Hearing on Acquisition of Utility Easement Located at the Northeast Corner of Goldcore and Wildwood Drives - Kathman Acquisition of utility easement located along the east side of Goldcore Drive, in the northeast corner of Goldcore Drive and Wildwood Drive, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate underground primary electrical cable and a pad-mounted transformer to serve the new building. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E5 Public Hearing on Acquisition of Utility Easement Located Off Engleman Road, South of Stolley Park Road - Stahla Acquisition of utility easement located off of Engleman Road, south of Stolley Park Road, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to create two-way feeds. This will allow replacement of cable without day long outages. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E6 Public Hearing on Acquisition of Utility Easement Located at 3560 Kaufman Avenue - Nebraska 6 Cellular Corporation Acquisition of utility easement located along the east property line of property located at 3560 Kaufman Avenue, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used for a pad-mounted transformer and underground cable. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E7 Public Hearing on Acquisition of Utility Easement Located at 3721 and 3755 West 13th Street Acquisition of utility easement located on 13th Street and Cedar Ridge Court at 3721 and 3755 West 13th Street, is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate underground cable and pad mounted transformers to serve electricity to the site. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E8 Public Hearing on Acquisition of Utility Easement Located along the Front Lots Located at 1019, 1115, 1116, and 1203 Cedar Ridge Court Acquisition of utility easement located along the front lots located at 1019, 1115, 1116, and 1203 Cedar Ridge Court is required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement will be used to locate underground cable and pad mounted transformers to serve electricity to the site. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Item E9 Public Hearing on Acquisition of Public Utility Easement Located at 2707 and 2709 South Locust Street (Eloy Uribe and Oralia Erives) William E. Lawrey and Sandra L. Lawrey, the owners of property located at 2719 South Locust Street, have requested that the City acquire an easement from Eloy Uribe and Oralia Erives, the owners of property located at 2707 and 2709 South Locust Street. This easement would allow for the installation of sanitary sewer mains to serve the Lawrey’s new business. The owners of 2707 and 2709 South Locust Street have been contacted regarding the terms of this easement. It is recommended that Council hold a Public Hearing and approve acquisition of the easement. The cost for the easement is $1.00 plus filing costs. It is appropriate to solicit public comment. The action item is contained under the Consent Agenda. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Item F1 #8813 - Consideration of Creating Street Improvement District 1248, Faidley Avenue from the Moore's Creek Drainway East to Diers Avenue Council action is needed to create a Street Improvement District. If created, a notice will be mailed to all affected property owners and a 20-day protest period allowed. The developer of Crane Valley 6th Subdivision along the north side of Diers Avenue has requested the creation of the District. The properties along the south side of Faidley Avenue waived their right of protest when their property was subdivided in 1998. It is recommended that Council approve creation of the Street Improvement District. A ten (10) year assessment period is recommended. The City should continue to promote development by financing the paving through an assessment district. The City will be responsible for the difference between a 41' wide road and the 65' road width that will be built. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney ORDINANCE NO. 8813 An ordinance to create Street Improvement District No. 1248; to define the boundaries of the district; to provide for the improvement of a street within the district by paving, curbing, guttering, storm drainage, sidewalks, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1248 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the southwest corner of Lot Two (2) Richmond Subdivision; thence west on the south line of Lot Thirteen (13) Richmond Subdivision and a prolongation thereof to a point Eighty (80.0) feet west of the west line of Richmond Subdivision; thence north on a line Eighty (80.0) feet west of and parallel to the west line of Richmond Subdivision and Crane Valley Subdivision for a distance of Six Hundred Eighty (680.0) feet; thence east on a line Three Hundred (300.0) feet north of and parallel to the north line of Faidley Avenue to a point on the easterly line of Diers Avenue; thence south on the easterly line of · This Space Reserved for Register of Deeds · ORDINANCE NO. 8813 (Cont.) - 2 - Diers Avenue to the north line of Faidley Avenue; thence southwesterly on a line to the south line of Faidley Avenue; thence southwesterly and southerly on the west line of Lots One (1) and Two (2) Richmond Subdivision to the point of beginning, as shown on the plat dated May 30, 2003, attached hereto and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by paving and other incidental work in connection therewith: Faidley Avenue from Moore's Creek Drainway to Diers Avenue, in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. Aft er passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 8813 (Cont.) - 3 - Enacted: June 10, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8814 - Consideration of Salary Ordinance Pertaining to Executive Assistant The Council approved the Administration Secretary to be located at the Information Booth at the May 6th Council meeting. This position replaced the Legal Clerk position. Cindy Brozek has been hired for that position, which opens up the position that she held as the Executive Assistant. As a result of the Community Projects Director leaving and the decision not to replace that position at the Department Director level, we have increased the duties of the Executive Assistant to include some of those duties. As a result of that we are recommending a change in the salary to reflect those responsibilities. The new salary will have a Bi-Weekly pay range of $1,260.72/$1,774.90 and will be an exempt position. If approved by Council, the position will be advertised following the normal procedures. This Salary Ordinance includes those changes only, no other changes are being recommended with this Ordinance. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney ORDINANCE NO. 8814 An ordinance to amend Ordinance No. 8810 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to remove the classification and salary range for the position of Community Projects Director; to amend the salary range for the position of Executive Assistant - Administration; to repeal Ordinance No. 8810, and any ordinance or parts of ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accountant 1265.66 / 1781.49 Exempt Accounting Technician – Solid Waste 941.01 / 1324.17 40 hrs/week Accounting Technician – Streets 941.01 / 1324.17 40 hrs/week Accounting Technician – WWTP 941.01 / 1324.17 40 hrs/week Administrative Assistant – Public Works 1015.99 / 1430.46 40 hrs/week Administrative Assistant – Utilities 1015.99 / 1430.46 40 hrs/week Administration Secretary 842.95 / 1185.74 40 hrs/week Assistant Public Works Director 1713.10 / 2410.20 Exempt ORDINANCE NO. 8814 (Cont.) - 2 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Assistant Utility Director – Administration 2237.98 / 3149.33 Exempt Assistant Utility Director – PGS & PCC 2354.99 / 3314.13 Exempt Attorney 1797.14 / 2528.86 Exempt Audio-Visual Technician 1153.60 / 1623.28 40 hrs/week Biosolids Technician 990.45 / 1394.21 40 hrs/week Building Clerk 743.25 / 1045.66 40 hrs/week Building Secretary 842.95 / 1185.74 40 hrs/week Building Department Director 1825.98 / 2568.41 Exempt Building Inspector 1182.44 / 1663.66 40 hrs/week Cemetery Superintendent 1260.72 / 1774.90 Exempt City Administrator 2777.70 / 3909.06 Exempt City Attorney 2358.29 / 3319.07 Exempt City Clerk 1228.93 / 1729.41 Exempt Civil Engineer – Utilities 1621.63 / 2281.66 Exempt Civil Engineer I – Public Works 1186.56 / 1670.25 Exempt Civil Engineer II – Public Works 1404.92 / 1977.60 Exempt Code Compliance Officer 1072.85 / 1509.60 40 hrs/week Collection System Supervisor 1221.99 / 1719.69 40 hrs/week Communications Supervisor 1095.10 / 1540.88 Exempt Community Development Director 1606.80 / 2262.70 Exempt Community Projects Director 1877.90 / 2644.22 Exempt Community Projects Secretary 866.85 / 1220.34 40 hrs/week Community Service Officer – Police Department 763.85 / 1074.50 40 hrs/week Custodian 737.48 / 1040.71 40 hrs/week Data Processing Manager 1621.63 / 2281.66 Exempt Deputy Police Chief 1772.42 / 2495.07 Exempt Development Specialist 866.85 / 1220.34 40 hrs/week Downtown Development Director 1606.80 / 2262.70 Exempt Electric Distribution Superintendent 1911.68 / 2689.54 Exempt Electric Distribution Supervisor 1615.04 / 2271.77 40 hrs/week Electric Underground & Substation Superintendent 1702.38 / 2395.37 Exempt Electrical Engineer I 1533.46 / 2158.88 Exempt ORDINANCE NO. 8814 (Cont.) - 3 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Electrical Engineer II 1777.37 / 2501.66 Exempt Electrical Inspector 1182.44 / 1663.66 40 hrs/week Emergency Management Coordinator 909.70 / 1279.67 40 hrs/week Emergency Management Director 1738.64 / 2446.46 Exempt EMS Division Chief 1613.39 / 2270.12 Exempt Engineering Technician Supervisor 1338.18 / 1883.66 Exempt Equipment Operator 934.42 / 1315.93 40 hrs/week Executive Assistant – Administration 1260.72 / 1774.90 1015.99 / 1430.46 Exempt 40 hrs/week Finance Controller 1812.00 / 2548.63 Exempt Finance Director 2237.98 / 3149.33 Exempt Finance Secretary 842.95 / 1185.74 40 hrs/week Fire Chief 1966.89 / 2766.99 Exempt Fire Operations Division Chief 1613.39 / 2270.12 Exempt Fire Prevention Division Chief 1613.39 / 2270.12 Exempt Fire Training Division Chief 1613.39 / 2270.12 Exempt Fleet Services Superintendent 1348.89 / 1899.32 Exempt Fleet Services Supervisor 1070.38 / 1506.27 40 hrs/week Golf Course Superintendent 1495.56 / 2104.50 Exempt Grounds Management Crew Chief 1177.50 / 1657.06 40 hrs/week Human Resources Director 1825.98 / 2568.41 Exempt Human Resources Specialist 1097.57 / 1544.18 40 hrs/week Information Technology Manager 1702.71 / 2395.74 Exempt Information Technology Supervisor 1442.29 / 2029.76 Exempt Legal Assistant 1204.69 / 1695.79 40 hrs/week Legal Clerk 743.25 / 1045.66 40 hrs/week Legal Secretary 904.75 / 1274.73 40 hrs/week Librarian I 1102.51 / 1550.77 Exempt Librarian II 1212.93 / 1706.50 Exempt Library Assistant 759.73 / 1068.73 40 hrs/week Library Assistant Director 1396.68 / 1965.24 Exempt Library Clerk 606.46 / 854.49 40 hrs/week ORDINANCE NO. 8814 (Cont.) - 4 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Library Director 1774.90 / 2498.37 Exempt Library Page* 458.97 / 694.81 40 hrs/week Library Secretary 842.95 / 1185.74 40 hrs/week Maintenance Mechanic I 946.78 / 1335.70 40 hrs/week Maintenance Mechanic II 1062.96 / 1495.56 40 hrs/week Maintenance Worker I – Solid Waste 861.01 / 1212.93 40 hrs/week Maintenance Worker I – Building, Golf, WWTP 884.98 / 1245.06 40 hrs/week Maintenance Worker II – Solid Waste 907.22 / 1277.20 40 hrs/week Maintenance Worker II – Building, Golf, WWTP, Zoo 931.94 / 1314.28 40 hrs/week Meter Reading Supervisor 1091.80 / 1537.58 Exempt Office Manager – Police Department 1029.18 / 1448.59 40 hrs/week Parking Monitor 473.80 / 667.44 40 hrs/week Parks and Recreation Director 1917.45 / 2696.95 Exempt Parks and Recreation Secretary 842.95 / 1185.74 40 hrs/week Parks Maintenance Superintendent 1426.34 / 2006.44 Exempt Payroll Specialist 1097.57 / 1544.18 40 hrs/week Plumbing Inspector 1182.44 / 1663.66 40 hrs/week Police Chief 2060.00 / 2899.66 Exempt Police Records Clerk 783.62 / 1103.34 40 hrs/week Power Plant Maintenance Supervisor 1615.04 / 2271.77 Exempt Power Plant Operations Supervisor 1696.62 / 2387.13 Exempt Power Plant Superintendent – Burdick 1766.66 / 2486.01 Exempt Power Plant Superintendent – PGS 2093.78 / 2944.98 Exempt Public Information Officer 1097.57 / 1544.18 40 hrs/week Public Safety Secretary 931.12 / 1313.46 40 hrs/week Public Works Director 2237.98 / 3149.33 Exempt Public Works Secretary 842.95 / 1185.74 40 hrs/week Purchasing Technician 842.95 / 1185.74 40 hrs/week Recreation Superintendent 1319.22 / 1855.65 Exempt Senior Civil Engineer – Public Works Engineering 1704.03 / 2398.66 Exempt Senior Civil Engineer – Utility, PCC 1802.09 / 2537.10 Exempt Senior Electrical Engineer 1621.63 / 2281.66 Exempt ORDINANCE NO. 8814 (Cont.) - 5 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Senior Engineering Technician 1182.44 / 1663.66 40 hrs/week Senior Equipment Operator 1020.11 / 1435.41 40 hrs/week Senior Library Assistant 838.01 / 1179.14 40 hrs/week Senior Maintenance Worker 998.69 / 1405.74 40 hrs/week Senior Telecommunicator/EMD 899.81 / 1265.66 40 hrs/week Senior Utility Secretary 845.42 / 1192.33 40 hrs/week Solid Waste Division Clerk 743.25 / 1045.66 40 hrs/week Solid Waste Superintendent 1535.94 / 2161.35 Exempt Street Superintendent 1458.48 / 2054.23 Exempt Street Supervisor 1157.72 / 1628.22 40 hrs/week Telecommunicator/EMD 856.96 / 1208.81 40 hrs/week Turf Management Specialist 1182.44 / 1663.66 40 hrs/week Utility Production Engineer 1867.18 / 2627.74 Exempt Utility Director 2649.98 / 3727.78 Exempt Utility Secretary 842.95 / 1185.74 40 hrs/week Utility Services Manager 1549.94 / 2181.13 Exempt Utility Warehouse Supervisor 1193.98 / 1679.31 40 hrs/week Wastewater Engineering/Operations Superintendent 1704.03 / 2398.66 Exempt Wastewater Plant Maintenance Supervisor 1254.13 / 1765.01 40 hrs/week Wastewater Plant Operator I 880.03 / 1238.47 40 hrs/week Wastewater Plant Operator II 936.89 / 1319.22 40 hrs/week Wastewater Plant Process Supervisor 1284.62 / 1808.68 40 hrs/week Wastewater Plant Senior Operator 990.45 / 1394.21 40 hrs/week Water Superintendent 1465.07 / 2060.83 Exempt Water Supervisor 1249.18 / 1759.24 40 hrs/week Worker / Seasonal 412.00 / 1600.00 Exempt Worker / Temporary 412.00 40 hrs/week *Pay Schedule Variation SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation ORDINANCE NO. 8814 (Cont.) - 6 - (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 887.54 / 1248.11 40 hrs/week Fleet Services Attendant/Clerk 806.86 / 1138.01 40 hrs/week Fleet Services Mechanic 992.61 / 1396.04 40 hrs/week Fleet Services Inventory Specialist 885.02 / 1245.59 40 hrs/week Horticulturist 937.14 / 1320.39 40 hrs/week Maintenance Worker – Cemetery 880.82 / 1239.71 40 hrs/week Maintenance Worker – Parks 874.94 / 1232.14 40 hrs/week Maintenance Worker – Streets 856.45 / 1205.25 40 hrs/week Senior Equipment Operator – Streets 972.43 / 1369.14 40 hrs/week Senior Maintenance Worker – Parks 972.43 / 1369.14 40 hrs/week Senior Maintenance Worker – Streets 972.43 / 1369.14 40 hrs/week Traffic Signal Technician 972.43 / 1369.14 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW labor agreements shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Accounting Clerk I 715.20 / 1006.40 40 hrs/week Accounting Clerk II 808.80 / 1140.00 40 hrs/week Computer Technician 965.60 / 1358.40 40 hrs/week Computer Programmer 1268.00 / 1783.20 40 hrs/week Electric Distribution Crew Chief 1469.60 / 2067.20 40 hrs/week ORDINANCE NO. 8814 (Cont.) - 7 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Electric Underground & Substation Crew Chief 1469.60 / 2067.20 40 hrs/week Engineering Technician I 1014.40 / 1427.20 40 hrs/week Engineering Technician II 1236.80 / 1740.00 40 hrs/week GIS Technician 1332.00 / 1873.60 40 hrs/week Instrument Technician 1506.40 / 2119.20 40 hrs/week Lineman Apprentice 1040.00 / 1463.20 40 hrs/week Lineman First Class 1332.00 / 1873.60 40 hrs/week Lineman Second Class 1148.00 / 1615.20 40 hrs/week Materials Handler 1267.20 / 1782.40 40 hrs/week Meter Reader 853.60 / 1201.60 40 hrs/week Meter Technician 1040.00 / 1463.20 40 hrs/week Network Technician 1120.00 / 1576.00 40 hrs/week Power Dispatcher I 1399.20 / 1968.00 40 hrs/week Power Dispatcher II 1469.60 / 2067.20 40 hrs/week Power Plant Custodian 754.40 / 1061.60 40 hrs/week Power Plant Maintenance Mechanic 1332.00 / 1873.60 40 hrs/week Power Plant Operator I 1040.00 / 1463.20 40 hrs/week Power Plant Operator II 1399.20 / 1968.00 40 hrs/week Senior Accounting Clerk 849.60 / 1196.80 40 hrs/week Senior Engineering Technician 1332.00 / 1873.60 40 hrs/week Senior Materials Handler 1399.20 / 1968.00 40 hrs/week Senior Meter Reader 919.20 / 1292.00 40 hrs/week Senior Power Dispatcher 1621.60 / 2280.80 40 hrs/week Senior Power Plant Operator 1544.00 / 2172.00 40 hrs/week Senior Substation Technician 1506.40 / 2119.20 40 hrs/week Senior Utilities Operator 1506.40 / 2119.20 40 hrs/week Senior Water Maintenance Worker 1120.00 / 1576.00 40 hrs/week Substation Technician 1399.20 / 1968.00 40 hrs/week Systems Technician 1506.40 / 2119.20 40 hrs/week Tree Trim Crew Chief 1332.00 / 1873.60 40 hrs/week Utilities Electrician 1399.20 / 1968.00 40 hrs/week Utilities Operator 1364.80 / 1920.80 40 hrs/week ORDINANCE NO. 8814 (Cont.) - 8 - Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Utility Technician 1469.60 / 2067.20 40 hrs/week Utility Warehouse Clerk 942.40 / 1326.40 40 hrs/week Water Maintenance Worker I 919.20 / 1292.00 40 hrs/week Water Maintenance Worker II 989.60 / 1392.80 40 hrs/week Wireman I 1148.00 / 1615.20 40 hrs/week Wireman II 1332.00 / 1873.60 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement sha ll work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Police Captain 1491.00 / 2045.66 40 hrs/week Police Officer* 1057.56 / 1478.40 40 hrs/week Police Sergeant* 1345.63 / 1843.82 40 hrs/week Pay Schedule Variation* SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Fire Captain 1361.88 / 1917.00 212 hrs/28 days ORDINANCE NO. 8814 (Cont.) - 9 - Firefighter / EMT 1004.40 / 1432.08 212 hrs/28 days Firefighter / Paramedic 1109.16 / 1637.28 212 hrs/28 days SECTION 6. The currently occupied classifications of officers and employees of the City of Grand Island within the Planning Department, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such officers and employees within the Planning Department shall work prior to overtime eligibility are as follows: Classification Bi-Weekly Pay Range Min/Max Overtime Eligibility Planning Director 1636.46 / 2302.26 Exempt Planning Secretary 842.95 / 1185.74 40 hrs/week Planning Technician 1182.44 / 1663.66 40 hrs/week SECTION 7. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classification, and the number of hours and work period which certain such employees shall work prior to overtime eligibility area as stated above. All full-time fire fighters and police officers shall be paid a clothing and uniform allowance in addition to regular salary. All full-time fire fighters shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $80.00 per month. All full-time police officers shall be paid a clothing and uniform allowance in addition to regular salary of $50.00 per month. Full-time police officers may also receive a reimbursement toward the purchase of body armor, not to exceed $400. Full-time fire fighters and fire captains may receive ORDINANCE NO. 8814 (Cont.) - 10 - a one-time uniform acquisition allowance of up to $850. Full-time fire fighters, fire captains, Fire Operations Division Chief, Fire Prevention Division Chief, Fire Training Division Chief, and EMS Division Chief may receive an annual stipend for longevity not to exceed $520. If any such fire fighter or police officer shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. Non-union employees and employees covered by the AFSCME labor union, the FOP labor union, and the IBEW labor union may receive an annual stipend not to exceed $500 for bilingual pay. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reading Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, Electric Underground and Substation Superintendent, Electric Underground and Substation Supervisor, and Engineering Technical Supervisor shall be eligible to participate in a voluntary uniform program providing an allowance up to $18.00 per month. When protective clothing is required for Utilities Department personnel in the IBEW, the City shall pay 60% of the cost of providing and cleaning said clothing and the employees 40% of said cost. Public Works Department personnel in the AFSCME bargaining unit shall be eligible to participate in a voluntary uniform program providing an allowance up to $18 per month. Full- time Shop Garage Division personnel shall receive a uniform allowance of $12 biweekly. Public Works Department personnel in the job classifications Equipment Mechanic Supervisor, Garage Superintendent, and Equipment Mechanic shall receive a tool allowance of $10 biweekly. ORDINANCE NO. 8814 (Cont.) - 11 - Parking Monitors may receive a one-time uniform acquisition allowance of $250 upon employment and an annual allowance thereafter of $100. SECTION 8. Employees shall be compensated for unused sick leave as follows: (A) For all employees except those covered in the IAFF and AFSCME bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee’s unused sick leave in excess of 960 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day’s pay based on the employee’s current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 960 hours accrual of the preceding year. For those employees covered in the AFSCME bargaining agreement, the City will include in the paycheck in January of each year, payment for an employee's unused sick leave in excess of 968 hours accrued in the preceding calendar year. The compensation will be at the rate of one-half day's pay based on the employee's current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 968 hours accrual of the preceding year. For those employees covered in the IAFF bargaining agreement, the City will include in the second paycheck in January of each year, payment for an employee’s unused sick leave in excess of 2,880 hours accrued in the preceding calendar year. The compensation will be at the rate of one-quarter day’s pay based on the employee’s current pay rate at the time of such compensation, for each day of unused sick leave which exceeds 2,880 hours accrual of the preceding year. ORDINANCE NO. 8814 (Cont.) - 12 - (B) All employees except those covered in the fire department bargaining agreement shall be paid for one-half of their accumulated sick leave at the time of their retirement, the rate of compensation to be based on the employee’s salary at the time of retirement. Employees covered in the fire department bargaining agreement shall be paid for one quarter of their accumulated sick leave at the time of their retirement, the rate of compensation to be based upon the employee’s salary at the time of retirement. (C) Department heads shall be paid for one-half of their accumulated sick leave, not to exceed 30 days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused sick leave at retirement shall be as provided above. (D) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half of all unused sick leave. SECTION 9. The city administrator shall receive a vehicle allowance of $300 per month in lieu of mileage for use of personal vehicle travel within Hall County, payable monthly. SECTION 10. Reimbursed expenses which are authorized by Neb. Rev. Stat. §13-2201, et. seq., the Local Government Miscellaneous Expenditure Act and/or which the Internal Revenue Service requires to be reflected on an employee IRS Form W-2 at year end, are hereby authorized as a payroll entry. SECTION 11. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. ORDINANCE NO. 8814 (Cont.) - 13 - SECTION 12. Ordinance No. 8810 and all other ordinances and parts of ordinances in conflict herewith be, and the same are, hereby repealed. SECTION 13. This ordinance shall be in full force and take effect from and after its passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. Enacted: June 10, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Hall County Election Commissioner Certificate of Election for May 6, 2003 Special Election The Certificate of Election for the May 6, 2003 Special Election is submitted. The Economic Development Program Proposal passed with 4,488 votes in favor and 1,459 votes against. See attached certificate. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G2 Approving Minutes of May 20, 2003 City Council Regular Meeting The Minutes of May 20, 2003 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, June 10, 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 May 20, 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 May 20, 2003. Notice of the meeting was given in the Grand Island Independent on May 14, 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, 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 the Reverend Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Three individuals reserved time to speak on agenda items. PUBLIC HEARINGS: Public Hearing Relative to Establishment of Business Improvement District #5, Downtown. Community Projects Director, Cindy Johnson reported that the Business Improvement District for the downtown (BID #2) was in it s last year of a five year life. BID #2 expires on September 30, 2003. Annual assessments were paid by property owners in the district and area based on valuation (a % of total valuation of all property in the district). Efforts had begun to create/form a new BID for the downtown. BID #5 would be effective October 1, 2003 and would have a life of five-years. State statutes allowed for the creation of business improvement districts and the expenditure of funds for improvement of public places or facilities within the district, including the acquisition, construction, maintenance, and operation of such improvements, creation and implementation of a plan for improving the general architectural design of public areas within the district, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. The first step in the creation process for the new downtown BID was to establish the boundaries for the district and designate a board to develop the goals, objectives and budget for the new district. Ms. Johnson noted that the City Council had approved the bound aries for the district and the Regional Planning Commission had approved the creation of the district. The BID Board had completed the goals, objectives and budget for the five year district and had developed a total, Page 2, City Council Regular Meeting, May 20, 2003 five-year budget of $401,066. This equated to a 0% increase from the existing budget of $80,213/year. The proposed activities and budget allocations were approved by the City Council at the meeting of April 22, 2003. Jim Truell – Attorney representing clients from the downtown area stated they were not against the creation of the district, but had the following concerns : 1) the board needs to be created from all members of the district; not just those who agree with the City’s plan of administration, and 2) the administrator of the operation of the district should be selected by them. Patrick Brock – Attorney representing Buck’s Rental, Inc. and Cedar Street Properties submitted protests to creating the district. Concerns were made regarding the district’s failure to identify the proposed pub lic facilities and improvements to be made or maintained within the district and felt there was no benefit to these businesses. John Luna, 712 East 8th Street spoke with regards to why there was not a business improvement district on 4th street and the problems in that area. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3134 West Highway 34 (Central Community College Area) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 3134 West Highway 34, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to locate underground primary cable and a pad-mounted transformer to feed a new addition to the College. No public testimony was heard. RESOLUTIONS: #2003-147 – Approving Refunded Bonds for Sewer System Revenue Bonds, Series 1994. David Springer, Finance Director and Bill Beavers, Senior Vice President representing Ameritas Investment Corp. stated that this Resolution related to Ordinance #8811 Refinancing and Issuing Revenue Bonds for City’s Sanitary Sewer System. Motion was made by Hornady, second by Nickerson to approve Resolution #2003-147. Upon roll call vote, all voted aye. Motion adopted. ORDINANCES: Councilmember Pielstick moved that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered #8811 – Consideration of Issuing Revenue Bonds for City’s Sanitary Sewer System #8812 – Consideration of Establishment of Business Improvement District #5, Downtown be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on their first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Seifert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, May 20, 2003 Mayor: Is there any one in the audience interested in commenting on Ordinance #8811? Bill Beavers, Senior Vice President of Ameritas Investment Corp. commented on the issuance of Bonds for the City’s Sanitary Sewer System. Discussion was held concerning the low interest rates and the renovations at the Wastewater Treatment Plant. Motion was made by Larson, second by Hornady to approve Ordinance #8811. City Clerk: Ordinance #8811 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #8811 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8811 is declared to be lawfully passed and adopted upon publication as required by law. Mayor: Is there any one in the audience interested in commenting on Ordinance #8812? Councilmember Pielstick addressed Mr. Luna’s questions concerning 4th Street, stating there had been efforts made to create a BID district, but the businesses did not want one. Councilmember Walker questioned the background of the BID’s board and the city’s responsibilities. City Administrator Marlan Ferguson stated the positions are advertised, the Mayor appoints and the Council confirms the appointment. BID #5 board members were carried over from BID #2. Also the Council has the responsibility to approve the BID’s budgets. Councilmember Nickerson questioned how the Council could address Mr. Truell’s concerns. Mr. Truell wondered how the City could already have a board and budget for BID #5 when we were just now creating the district. Community Projects Director Cindy Johnson stated that state statutes direct the creation of these boards and districts and this process had been in the works for months with the boundaries and initial appointments to BID #5 being approved by Council in early March, 2003. Discussion was held concerning assessments of the districts, which were collected by the City, but allocating the funds was the responsibility of the boards. It was mentioned that money collected in each district stayed within that district. Comments were made concerning the benefits of BID’s to the whole city. George Bartenbach, Chairman of BID #2 & #5 thanked the Council and city for their cooperation. John Luna, 712 East 8th Street commented that the Planning and Zoning Department should handle these districts. Motio n was made by Pielstick, second by Walker to approve Ordinance #8812. City Clerk: Ordinance #8812 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, May 20, 2003 City Clerk: Ordinance #8812 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8812 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: It was noted that items G-8 and G-12 had been removed from the Agenda to a later date. Motion by Seifert, second by Horandy, carried unanimously to approve the Consent Agenda. Receipt of Official Document – Civil Service Minutes of April 11, 2003. Approving Minutes of May 6, 2003 City Council Regular Meeting. Approving Minutes of May 13, 2003 City Council Study Session. #2003-132 – Approving Acquisition of Utility Easement Located at 3134 West Highway 34 (Central Community College Area) #2003-133 – Approving Final Plat and Subdivision Agreement for Grand Island Farmstead Project 4th Subdivision. It was noted that Richard & Helen Strehle, owners, had submitted the final plat for Grand Island Farmstead Project 4th Subdivision, located west of Stuhr Road and south of Highway 34, Hall County within the Grand Island 2 mile jurisdiction. This plat proposed to create 2 lots on a parcel of land containing part of Lot 2, Grand Island Farmstead Project 2nd Subdivision, and part of the E1/2NE1/4 Section 34-11-9. These lots would be served by individual wells and on-site waste water treatment systems as city services were not available. #2003-134 – Approving Final Plat and Subdivision Agreement for North Fork West Subdivision. It was noted that Mettenbrink Farms Inc., owners, had submitted the final plat for North Fork West Subdivision, located east of Monitor Road and north of Capital Avenue. This plat proposed to develop 1 lot on a currently unplatted parcel of land in the NW1/4SW1/4 Section 3-11-10. This lot would be served by an individual well and on site waste water treatment system as city services were not available. #2003-135 – Approving Final Plate and Subdivision Agreement for Webb Road Second Subdivision. It was noted that Dugan Funeral Services, Inc., owners, had submitted the final plat for Webb Road Second Subdivision, located east of Webb Road and south of Faidley Avenue, Grand Island, Nebraska. This plat proposed to resubdivide Lot 4, Webb Road Subdivision into 2 lots. The subdivision agreement for this will specify that access to Lot 2 shall be from Webb Road across Lot 5 of Webb Road Subdivision as agreed upon by Grand Island Utilities and the owners of Lot 4 of Webb Road Subdivision. #2003-136 – Approving Interlocal Agreement with Grand Island School District Relative to Joint Utility Purchasing. This item was removed from the Agenda at the request of the City Attorney. Page 5, City Council Regular Meeting, May 20, 2003 #2003-137 – Approving Memorandum of Understanding with the Hall County Historical Society Relative to Old Stolley House. #2003-138 – Approving Continuation of Street Improvement District #1245, James Road in Pedcor Subdivision. #2003-139 – Approving Change Order #1 for Installation of Irrigation System on the South Side of the Grand Island Cemetery with Tilley Sprinkler Systems, Inc. of Grand Island, Nebraska for an Increased Amount of $2,453.12 and a Revised Contract Amount of $127,863.12. Councilmember Pielstick voted no. #2003-140 – Approving Certificate of Final Completion for Installation of Irrigation System on the South Side of the Grand Island Cemetery with Tilley Sprinkler Systems, Inc. of Grand Island. This item was pulled from the Agenda at the request of the Parks and Recreation Director. #2003-141 – Approving Certificate of Final Completion and Request Date for Board of Equalization Hearing for Water Main District #434T. #2003-142 – Approving Certificate of Final Completio n and Request Date for Board of Equalization Hearing for Water Main District #437. #2003-143 – Approving Certificate of Final Completion and Request Date for Board of Equalization Hearing for Water Main District #438T. #2003-144 – Approving Certificate of Final Completion and Request Date for Board of Equalization Hearing for Water Main District #439T. #2003-145 – Approving Interlocal Agreement for Cooperative Agreement (CA) for Economic Analysis for the Platte River Coalition. REQUESTS AND REFERRALS: Request for Vacation of Platted Right of Way for Coventry Lane East of Newcastle Road. Motion was made by Seifert, second by Walker to approve the request of vacation of right of way. Steve Riehle, Public Works Director stated the Right of Way for Coventry Lane east of Newcastle Road had been platted but had never been constructed. The street was not currently needed, but may be needed in the future depending on the development of property to the east. The adjacent property owner, Toni Mayer, had requested the vacation of the Right of Way. The owner owns property on both sides of the Right of Way, maintains the area and had planted trees and other improvements. She would like to install a sprinkler system and benches to further improve the area. In the event the Right of Way is vacated, the owner was willing to grant an easement for utility use. Mr. Riehle stated the Building, Planning and Public Works Departments had reviewed the request and did not recommend the vacation of Right of Way at this time. The Right of Way may need to be utilized in the future as a connection between Harrison and Adams Streets. If the Page 6, City Council Regular Meeting, May 20, 2003 Right of Way was vacated, it may have to be purchased in the future. Aerial photo’s were viewed highlighting: area residential streets that help provide connectivity, collector streets, arterial streets, a future connection of Church Street, and how this piece of Coventry Lane ma y be used for street connectivity. Staff recommend granting a License Agreement, which would allow the adjacent property owner to put in the sprinkler system and park benches and still protect the City’s interests in the event the street was extended. Katharine (Toni) Sothman Mayer, owner requesting the vacation of right of way spoke in support and mentioned the plans for a mini park at the intersection of Coventry Lane and Newcastle Road. Upon roll call vote to approve the request of right of way, Councilmember Haase voted yes. Councilmembers Meyer, Whitesides, Pielstick, Larson, Nickerson, Seifert, Pauly, Hornady, and Walker voted no. Motion failed. Motion was made by Larson, second by Seifert to enter into a license agreement with Katharine Mayer to allow for the improvements at the location discussed. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Seifert, second by Walker, carried unanimously to approve the Claims for the period of May 7, 2003 through May 20, 2003, for a total amount of $2,642,913.18. Councilmember Pielstick abstained from #85590. EXECUTIVE SESSION: Motion by Whitesides, second by Meyer, carried unanimously to adjourn to executive session at 8:40 p.m. for the purpose of discussing litigation issues, personnel issues, and real estate purchase. RETURN TO REGULAR SESSION: Motion by Pielstick, second by Meyer, carried unanimously to reconvene in regular session at 9:45 p.m. RESOLUTION: #2003-146 – Approving Agreement Between the City of Grand Island Utilities Department and General Electric Power Systems. It was noted that the Combustion Turbine construction project at the Burdick Station was completed. The new generators were accepted by the Utilities Department for commercial operation on March 27, 2003. As can be the situation on a project of this cost and complexity, there were disputes between the Utilities Department and the major equipment supplier, General Electric Power Systems. After several months of discussions between the parties a settlement had been negotiated. It was recommended that the settlement offered be accepted. Page 7, City Council Regular Meeting, May 20, 2003 Motion by Larson, second by Seifert, carried unanimously to approve Resolution #2003-146. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:45 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Minutes of June 3, 2003 City Council Study Session The Minutes of June 3, 2003 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, June 10, 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 June 3, 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 June 3, 2003. Notice of the meeting was given in the Grand Island Independent on May 28, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Larson, Seifert, Pauly, Hornady, Walker and Haase. Councilmember Nickerson 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. RESERVES TIME TO SPEAK ON AGENDA ITEMS: Four individuals reserved time to speak on agenda items. Update on Status of Old Walnut Redevelopment Project. Cindy Johnson, Community Projects Director, reported that Fred Hoppe, developer for Old Walnut, had received notification of historic tax credits, and NIFA CRANE tax credits. Hoppe was moving forward with the renovation of the Old Walnut and asbestos removal had occurred. Ms. Johnson stated an updated TIF application had been received and would likely be considered by the Authority at the July 2, 2003 CRA Meeting. Demolition was underway and construction was expected to be in full swing by the end of the summer. Upon completion, the Old Walnut would house 86 apartments, four office spaces, and a Theater/Auditorium. The Nebraska Children and Families grant included $7,000 for assistance with development of an office at Old Walnut for the Multi Cultural Coalition. No other City funding had been provided for this project. Fred Hoppe, 1600 Stonehill Road, Lincoln, Nebraska spoke concerning the time and scope of this project. Approximately 90,000 square feet of redevelopment in an amount of 5.5 million dollars was expected. Mr. Hoppe thanked Ms. Johnson for all of her hard work on this project. Completion target date was scheduled for October of 2004. It was also mentioned the Trinity United Methodist Church had committed to serve as a “community continuity manager”. Councilmember Haase questioned parking issues. Mr. Hoppe stated there were 110 units available at this time which should be adequate. He also stated he had been working with Trinity United Methodist Church to resolve these issues. Discussion Concerning Hoppe/Lassonde Properties. Doug Walker, City Attorney stated that the City had been asked to look into the possibility of assisting the owner of the proposed Orchard Page 2, City Council Study Session, June 3, 2003 Park Subdivision with obtaining sanitary sewer service to his property. It was mentioned that the proposed subdivision was bordered on the east by the Nebraska Central Railroad line running to communities north of Grand Island and bordered on the north by real estate owned by Ray Lassonde. The sewer main in this area of northeast Grand Island that had the capacity and depth to serve the proposed development runs along Capital Avenue which is on the north side of the Lassonde property. For the Orchard Park Development to proceed, a sewer main would need to be extended south from the main along Capital Avenue across the Lassonde property to the proposed development. The owner of the proposed Orchard Park Subdivision, The Orchard LLC, had not been able to successfully negotiate an agreement to acquire an easement or the real estate from Mr. Lassonde. Fred Hoppe, who represents Orchard Park LLC, had requested that the City explore some options which would assist Orchard Park in obtaining sewer service. Among the options that had been discussed were negotiations for or condemnation of an easement, the formation of a sanitary sewer district or the City not taking any action and permitting the property owners to continue to seek a resolution through negotiations. A public hearing took place on the acquisition of an easement from Mr. Lassonde at the February 18th meeting of the City Council. This matter was also on the agenda for the March 18th meeting; however, it was removed from the agenda prior to consideration by the City Council. Steve Riehle, Public Works Director reviewed the proposed location for the sanitary sewer system through the Lassonde Subdivision to the Orchard Park Subdivision. Condemnation/eminent domain procedures were discussed. Councilmember Walker questioned the development on the Lassonde Subdivision relative to the placement of a cul-de-sac as presented in the preliminary layout. Councilmember Larson questioned the sewer at its present location and depth. Mr. Riehle stated basements would need lift stations or sump pumps. Discussed was who pays the cost of the sewer line if it went to condemnation. Mr. Riehle stated Orchard Park Subdivision would be responsible if it went to condemnation or if the property owners negotiated. If a sanitary sewer district was created, it would be assessed to the property owners. Sanitary sewer districts procedures were explained. Property to the east of Lassonde Subdivision and Orchard Park Subdivision was discussed relative to future sewer needs in that area. Ray Lassonde, 2915 West Stolley Park Road spoke concerning the current sewer system relative to depth and adequacy of the system to his property. Mr. Lassonde was concerned about having lift stations and sump pumps in basements. Mr. Hoppe stated he started this project with the City several years ago to build 116 low income housing properties. He then reviewed the process of what had taken place between himself and Mr. Lassonde since the time he bought the property. Mr. Hoppe stressed the importance of settling this issue because of grant funding. Page 3, City Council Study Session, June 3, 2003 Councilmember Walker suggested that Mr. Hoppe go ahead with the sanitary sewer district and felt the City should not be involved. Discussion Concerning Locating Para Plane Airport Runway Facilities on City Owned Property Located at CAAP. Steve Paustian, Parks and Recreation Director reported that a request to use a portion of City owned property located in the southwest corner of the former Ordinance Plant site had been received. Dr. Doug Camplin had made this request on behalf of the Husker Ultralite Club. Discussion was presented on the request in regard to location, modifications requested and funding issues. Mr. Paustian stated that contact had been made with an abutting land owner who had stated he was not concerned about the proposed development. Members of the skeet range and sporting clays group had not voiced any concerns regarding this use either. The drainage ditch that currently bisects some of the area in question would need to be rerouted if this site was to be used. Some trees and the berm surrounding the old sanitary sewer lagoon would need to be removed as well. Doug Camplin, 2516 Cottonwood Road, representing the Husker Ultralight Club explained the ultralight planes and the purpose of the use of this property. Mentioned were the possibilities of attracting people to Grand Island. He stated the 25 acres located in the southeast corner of this property along Husker Highway was ideal for their purposes. Councilmember Whitesides questioned the cost to the City’s taxpayers. Mr. Camplin stated the berm needed to be moved and a contractor had contacted him to move it in exchange for the dirt. The cost to the City would be to seed this area. Councilmember Pauly mentioned concerns with the noise. Councilmember Haase questioned the noise with the Skeet Sporting Clay Club close by. Mr. Paustian stated he had visited with the Skeet Sporting Clay Club and they did not have a problem with it. Liability issues were discussed. Mr. Paustain stated the City would not be liable if we did not charge a fee. Councilmember Larson stated this concept was an obligation the City should look at. Councilmember Hornady mentioned the law enforcement proposed plan would be close by. It was mentioned this would be in doors. Mayor Vavricek questioned the ultimate cost to the City. Mr. Paustian stated the capital costs to start with would be the City’s responsibility with the Husker Ultralight Club taking care of the upkeep. Ron Woitaszewski, 731 North 110th Road, mentioned the dirt work could be handled by the Club. Hugh Martin, President of the Husker Ultralight Club responded to the noise issue. Discussion Concerning Street Improvement District #1247, Cannon Road. Steve Riehle, Public Works Director reported that Street Improvement District 1247, Cannon Road was established at the May 6, 2003 Council meeting at the request of the Public Works Department. Cannon Road was considered by many to be the entrance to the Northwest neighborhoods, and was not in good condition structurally or aesthetically. Chronic problems with standing water and poor street Page 4, City Council Study Session, June 3, 2003 surface, as well as a lack of sidewalks and the narrow roadways had made street maintenance difficult. Mr. Riehle stated the Public Works Department believed there would be significant cost savings to the residents of Cannon Road if a Street Improvement District could be completed at the conclusion of sewer construction. The cost savings would end up less than originally thought because the design of the sanitary sewer main minimized the amount of the existing asphalt roadway that would be removed. This resulted in a cost savings of approximately $1,000 per lot if the Street Improvement District was completed now. Mr. Riehle stated two meetings had been held to discuss the Street Improvement District with area residents. The first was held May 21, 2003 and was well attended with good discussions with the residents. The second was held May 28, 2003 with City staff, area residents, and Councilmembers Walker and Seifert in attendance. Mr. Riehle stated several area residents expressed concerns about their right to protest the continuation of this district. The City had required property owners to waive the right to protest future districts when an area was subdivided as part of the subdivision agreement. This allowed owners to develop a portion of their property without paying the entire infrastructure cost up front. However, this flexibility can be problematic if the owner sells the property before making the improvements – in this case, a 41’ wide street. After researching the subdivision agreements for this area, it was found that almost 75% of the properties had waived their right to protest through these agreements. Three options were presented to Council for Cannon Road. The first option was to do nothing. This option was not acceptable because of current street and drainage issues. The second option was to complete the Street Improvement District as planned. This would create a 41’ wide curb and gutter street with storm sewer and excellent drainage. The project would be expensive for both the City and the abutting properties. The City would pay for approximately 53% of the cost, with abutting homeowners paying the remaining 47%. Some area residents had asked that the City pay a larger share, as the street would benefit the rest of the community. This would be inconsistent with the policies of the City in other locations. Mr. Riehle stated Council may want to consider a 20 year assessment pay back period to reduce the financial impact, allowing property owners to pay the cost over the 20 year period with 7% interest per year. The third option was denial of the Street Improvement District, and creation of an assessment district to fill in the median with asphalt. The abutting properties would be assessed approximately $20,000, or $1,000 per owner. As part of the project, property owners wo uld be required to allow the City to re-establish the swales and ditches along the road. Property owners would be responsible for moving sprinkler systems and replacing disturbed sod. The road could then be overlaid with asphalt as part of the City’s resurfacing program at City cost. The protest period for Street Improvement District 1247 was completed on June 2, 2003, with consideration of continuing the District set for the June 10, 2003 Council meeting. Page 5, City Council Study Session, June 3, 2003 Discussion was held concerning the comparisons and possibility of doing Cannon Road like Faidley Avenue west of North Road. It was mentioned that the cost was a draw back and a sanitary sewer district had just been created wherein the property owners were paying for that cost currently. Max Bachman, 4119 Cannon Road thanked City staff and Councilmembers for conducting the neighborhood meetings. Mentioned were all the costs associated with putting in streets, sanitary sewer, and paving all at one time. Councilmember Pauly stated the homeowners were agreeable to the sanitary sewer and part of the cost for black topping. Councilmember Larson mentioned the possibility of sidewalks. Discussed was the life expectancy of asphalt. Mr. Riehle stated 8 to 11 years on asphalt and approximately 25 years for concrete. May Coffe y, 4090 Cannon Road spoke concerning the sidewalk issue and mentioned the Hike/Bike Trail in the back of their homes that was available for kids going to and from Westridge Middle School. Bob Coffey, 4090 Cannon Road spoke concerning the lack of maintenance on Cannon Road and recommended black top instead of concrete. This item will appear on the agenda for the June 10, 2003 regular council meeting for action. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Request of Ronald King dba King's Bar, 316 East 2nd Street for a Class "C" Liquor License This item relates to the aforementioned Public Hearing. Ronald King dba King's Bar, 316 East 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. Approval is recommended contingent upon final inspections. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 Approving Request of Greg J. Penner dba Fine Liquors, 1939 North Broadwell Avenue for a Class "D" Liquor License This item relates to the aforementioned Public Hearing. Greg J. Penner dba Fine Liquors, 1939 North Broadwell Street, has submitted an application for a Class "D" Liquor License. A Class "D" Liquor License allows for the sale of alcoholic beverages off sale only within the corporate limits of the City. This application has been reviewed by the Building, Fire, Health, and Police Departments. Approval is recommended contingent upon final inspections. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G6 Approving Request of Mike and Janel Tagart for a Conditional Use Permit to Allow for Temporary Use of Existing Home During Construction of a New Home Located at 3045 West Schimmer Drive This item relates to the aforementioned Public Hearing. Mike and Janel Tagart, 3045 West Schimmer Drive, have submitted a request with the City Clerk's Office for a Conditional Use Permit to allow for the temporary use of their existing home during the construction of a new home located on the same property. This request has been reviewed by the Building, Legal, Utilities, Regional Planning, and Public Works Departments. Approval is recommended for a maximum of two years from the date of approval. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 #2003-136 - Approving Interlocal Agreement with Grand Island School District Relative to Joint Purchasing The Grand Island School District has requested that the City enter into an interlocal agreement to assist the school district with the acquisition of utility service. An interlocal agreement will enable the school administration to plan their budget more effectively and better utilize the resources of GIPS during this period of fiscal restraint. This agreement has been drafted to address the concerns of the public schools and is similar to interlocal agreements used by other cities. Approval is recommended. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-136 WHEREAS, budget constraints have forced the Grand Island Public School System into reduce spending and consider more cost effective measures to provide necessary services; and WHEREAS, the Grand Island Public School System has approached the City of Grand Island to determine if they are utilizing the most reliable, cost effective utility service and energy-related services and equipment for the Grand Island Public School facilities; and WHEREAS, it has been suggested that an Interlocal Agreement be entered into would allow the City and the Grand Island Public School System to cooperatively work together in reaching this goal; and WHEREAS, an Interlocal Agreement outlining the responsibilities of each party has been prepared by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement by and between the City of Grand Island and the Grand Island Public School System to collectively support the Parties' joint objectives to provide reliable, cost effective utility service and energy related services and equipment for the Grand Island Public School System is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Interlocal Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G8 #2003-148 - Approving Acquisition of Utility Easement - Northeast Corner of Goldcore Drive and Wildwood Drive - Kathman This item relates to the aforementioned Public Hearing. Background: Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to property of Randall J. and Jean M. Kathman, located along the east side of Goldcore Drive, in the northeast corner of Goldcore Drive and Wildwood Drive, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. A new business (Cardinal Tool) is locating at the described property. This easement will be used to locate underground primary electrical cable and a pad-mounted transformer to serve the new building. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-148 WHEREAS, a public utility easement is required by the City of Grand Island, from Randall J. Kathman and Jean M. Kathman, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of easements and rights-of-way through a part of Lot Nine (9) of Platte Valley Industrial Park Third Subdivision in the city of Grand Island, Hall County, Nebraska, utility easement and right-of-way tracts being more particularly described as follows: Tract No. 1: The westerly Five (5.0) feet of Lot Nine (9), Platte Valley Industrial Park Third Subdivision. Tract No. 2: A Twenty (20.0) foot wide tract of land, the centerline being particularly described as follows: Commencing at the northwest corner of Lot Nine (9) Platte Valley Industrial Park Third Subdivision; thence southerly along the westerly line of Lot Nine (9) Platte Valley Industrial Park Third Subdivision, a distance of Four Hundred Ten (410.0) feet to the Actual Point of Beginning; thence deflecting left 90º00'00" and running easterly, a distance of Eighty (80.0) feet. The above-described easement and right-of-way tracts containing a combined total of 0.17 acres, more or less, are shown on the plat dated May 6, 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 Randall J. Kathman and Jean M. Kathman, husband and wife, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G9 #2003-149 - Approving Acquisition of Utility Easement - Off of Englemen Road, South of Stolley Park Road - Stahla This item relates to the aforementioned Public Hearing. Background: Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to property of Raymond E. and Dianne R. Stahla, located off of Engleman Road, south of Stolley Park Road, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The primary underground cables in this area are approaching 30 years old and are in need of replacement. The transformers fed by the aging cable are fed radially. The easement to be acquired will be used to create two-way feeds. This will allow the replacement of cable without day long outages. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-149 WHEREAS, a public utility easement is required by the City of Grand Island, from Raymond E. Stahla and Dianne R. Stahla, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of easements and rights-of-way through a part of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, utility easement and right-of-way tracts being more particularly described as follows: Tract No. 1: A Twenty (20.0) foot wide tract of land, the easterly line being more particularly described as follows: Commencing at the northwest corner of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West; thence southerly along the westerly line of the Northwest Quarter (NW1/4) of said Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of Three Hundred Twenty Three (323.0) feet; thence easterly, parallel to the northerly line of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of One Thousand Three Hundred Sixty Five and Nine Hundredths (1,365.09) feet to the Actual Point of Beginning of Tract No. 1; thence deflecting right 80º24'20" and running southerly, a distance of Six Hundred Twenty Nine and Five Tenths (629.5) feet. Tract No. 2: A Twenty (20.0) foot wide tract of land, the centerline being particularly described as follows: Commencing at the northwest corner of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten 910) West; thence southerly along the westerly line of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of Three Hundred Twenty Three (323.0) feet; thence easterly, parallel to the northerly line of the Northwest Quarter (NW1/4) of said Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of One Thousand Three Hundred Sixty Five and Nine Hundredths (1,365.09) feet; thence deflecting right 80º24'20" and running southerly, a distance of Two Hundred Seventy (270.0) feet to the Actual Point of Beginning of Tract No. 2; thence deflecting right 90º35'40" and running westerly, a distance of One Hundred Thirty Two and Eight Tenths (132.8) feet. Tract No. 3 A Twenty (20.0) foot wide tract of land, the centerline being more particularly described as follows: Commencing at the northwest corner of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West; thence southerly along the westerly line of the Northwest Quarter (NW1/4) of said Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of Three Hundred Twenty Three (323.0) feet; thence easterly, parallel to the northerly line of the Northwest Quarter (NW1/4) of Section Twenty Six (26), Township Eleven (11) North, Range Ten (10) West, a distance of One Thousand Three Hundred Sixty Five and Nine Hundredths (1,365.09) feet; thence deflecting right 80º24'20" and running southerly, a distance of Five Hundred Ten (510.0) feet to the Actual Point of Beginning of Tract No. 3; thence deflecting right 90º35'40" and running westerly, a distance of One Hundred Thirty Five and Twenty One Hundredths (135.21) feet. The above-described easement and right-of-way tracts containing a combined total of 0.394 acres, more or less, are shown on the plat dated May 8, 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 Raymond E. Stahla and Dianne R. Stahla, husband and wife, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G10 #2003-150 - Approving Acquisition of Utility Easement - East of 3560 Kaufman Avenue - Nebraska 6 Cellular Corporation This item relates to the aforementioned Public Hearing. Background: Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to property of Nebraska 6 Cellular Corporation, located along the east property line of property located at 3560 Kaufman Avenue, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Nebraska 6 Cellular is expanding their building requiring a larger electrical service. This will require a new pad-mounted transformer and underground cable. This easement will allow placement of the new service. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-150 WHEREAS, a public utility easement is required by the City of Grand Island, from Nebraska 6 Cellular Corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Five (5) Commonwealth Business Park Third Subdivision in the city of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility easement and right-of-way tract being more particularly described as follows: The easterly twenty (20.0) feet of the northerly one hundred thirty (130.0) feet of Lot Five (5) Commonwealth Business Park Third Subdivision. The above-described easement and right-of-way containing 0.59 acres, more or less, are shown on the plat dated May 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 a public utility easement from Nebraska 6 Cellular Corporation, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G11 #2003-151 - Approving Acquisition of Utility Easement - 3721 and 3755 West 13th Street - Shafer Properties - LLC This item relates to the aforementioned Public Hearing. Background: Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to property of Shafer Properties located on 13th Street and Cedar Ridge Court – 3721 and 3755 West 13th Street, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. New apartments will be constructed at this location. The easements will be used to locate underground cable and pad mounted transformers to serve electricity to the site. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-151 WHEREAS, a public utility easement is required by the City of Grand Island, from Shafer Properties, LLC, a limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1) and Lot Two (2) Cedar Ridge First Subdivision in the city of Grand Island, Hall County, Nebraska, the utility easement and right-of-way tract being more particularly described as follows: The southerly twenty (20.0) feet and the westerly ten (10.0) feet of Lot One (1) and the southerly twenty (20.0) feet of Lot Two (2) Cedar Ridge Second Subdivision. The above-described easement and right-of-way containing 0.284 acres, more or less, are shown on the plat dated May 22, 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 Shafer Properties, LLC, a limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk - 1 - UTILITY EASEMENT SHAFER PROPERTIES, LLC, herein called Grantor, in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, Nebraska, herein called Grantee, a permanent and perpetual easement and right-of-way to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances connected therewith, in, upon, above, along, over, across, underneath, and through a part of Lot One (1) and Lot Two (2) Cedar Ridge First Subdivision in the city of Grand Island, Hall County, Nebraska; the utility easement and right-of-way being more particularly described as follows: The Southerly twenty (20.0) feet and the Westerly ten (10.0) feet of Lot One (1) and the southerly twenty (20.0) feet of Lot Two (2) Cedar Ridge First Subdivision. The above-described easement and right-of-way containing 0.284 acres, more or less, as shown on the plat dated 5/22/2003, marked Exhibit "A", attached hereto and incorporated herein by reference, ·THIS SPACE RESERVED FOR REGISTER OF DEEDS· - 2 - together with the following rights: Grantee shall have unrestricted ingress and egress to the above-described easement and right-of-way for any purpose necessary for the surveying, construction, inspection, maintenance, repair, replacement, relocation, extension, removal, and operation of such public utilities and appurtenances. Such rights of ingress and egress shall be exercised in a reasonable manner. Grantee shall have the right to excavate and refill ditches and trenches necessary for such public utilities and appurtenances; to remove, clear, and keep clear, trees, bushes, hedges, undergrowth, and/or any other obstructions interfering with the surveying, construction, inspection, maintenance, repair, replacement, relocation, extension, removal, and operation of such public utilities and appurtenances. Grantor shall have the right to use the easement and right-of-way for purposes not inconsistent with Grantee's full enjoyment of the rights herein granted, provided that Grantor shall not allow any structures, buildings, combustible materials, or other property of any kind whatsoever, to be erected, constructed, placed, stored, or accumulated in, upon, above, along, over, across, underneath, or through the easement and right-of-way herein granted. Grantor and Grantee hereto agree that Grantor shall have the right to hard surface over the easement and right of way and use the easement and right-of-way for parking and ingress and egress; provided if Grantee needs to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, or operate such public utilities and appurtenance within such easement and right-of-way, the cost of removal and repair of any hard surfacing or such area lighting appurtenances placed in, along, or through the easement and right-of-way shall be paid by Grantor. Grantee shall have the right at any time, to relocate, add, or upgrade such public utilities and appurtenances connected therewith, in, upon, above, along, over, across, underneath, or through the easement and right-of-way herein granted. Any such public utilities and appurtenances placed in, upon, above, along, over, across, underneath, or through such tract of land shall remain the property of Grantee, and may be removed or replaced at any time. It is further agreed that Grantor has lawful possession of said real estate, good right and lawful authority to make such conveyance; and that Grantor on behalf of itself, all heirs, executors, administrators, successors, and assigns, hereby covenants that the rights and privileges herein granted shall run with the title to such tract of land, and be binding upon Grantor, all heirs, executors, administrators, successors, and assigns. - 3 - Dated __________________________. SHAFER PROPERTIES, LLC By: Joel Shafer, Manager, Sole Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this _______ day of _______________, 2003, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: JOEL SHAFER, manager, sole member of SHAFER PROPERTIES, LLC, to me known personally to be the identical person who signed the foregoing Utility Easement, and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed. WITNESS my hand and Notarial Seal the date above written. Notary Public Item G12 #2003-152 - Approving Acquisition of Utility Easement - 1019, 1115, 1116, and 1203 Cedar Ridge Court - Shafer Properties LLC This item relates to the aforementioned Public Hearing. Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to property of Shafer Properties located along the front lots located at 1019, 1115, 1116, and 1203 Cedar Ridge Court, south of 13th Street, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. New apartments will be constructed at this location. The easements will be used to locate underground cable and pad mounted transformers to serve electricity to the site. Recommendation: Approve the request to obtain the needed easement. Fiscal Effects: One dollar ($1.00) for the easement will be paid to the grantor. Alternatives: As suggested by City Council. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-152 WHEREAS, a public utility easement is required by the City of Grand Island, from Shafer Properties, LLC, a limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1), Lot Three (3), Lot Four (4) and Lot Five (5) Cedar Ridge Second Subdivision in the city of Grand Island, Hall County, Nebraska, the utility easement and right-of-way tract being more particularly described as follows: The westerly ten (10.0) feet of Lot One (1), Lot Three (3) and Lot Five (5) Cedar Ridge Second Subdivision; and The southerly twenty (20.0) feet of the easterly twenty (20.0) feet of Lot Four (4) Cedar Ridge Second Subdivision. The above-described easement and right-of-way containing a combined total of 0.177 acres, more or less, are shown on the plat dated May 22, 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 Shafer Properties, LLC, a limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G13 #2003-153 - Approving Continuation of Street Improvement District 1246, South Locust Street, Stolley Park Road to Fonner Park Road Street Improvement District 1246 was created by the City Council on April 22, 2003. Legal notice of creation of the District was published in the Grand Island Daily Independent on April 29, 2003. Notification was also mailed to all abutting property owners on that date. The District completed the 20-day protest period at 5:00 p.m., Monday, May 19, 2003. There were two protests filed against this district by abutting property owners. One property owner was concerned about the cost of sidewalk installation, and will not be assessed for sidewalks according to the project plans. The second owner was concerned about a loss of employee parking. These owners represented 340 front feet, or 6.9% of the total district frontage of 4,928.31 feet. Accordingly, the District may be continued and constructed. It is recommended that Council approve a Resolution continuing the District. The Street Improvement District was created in the event the City desires to bond the project, and for levying the cost for sidewalks where they do not currently exist. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-153 WHEREAS, Street Improvement District No. 1246 was created by Ordinance No. 8805 on April 22, 2003; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent on April 29, May 6, and May 13, 2003, in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on May 19, 2003, and protests were filed with the City Clerk against the creation of Street Improvement District 1246 by abutting property owners representing 6.9% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1246, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G14 #2003-154 - Approving Cooperative Service Field Agreement with the United States Department of Agriculture, Wildlife Services for Wildlife Damage Control The USDA Wildlife Service has proposed a cooperative field agreement with the City of Grand Island to help control the skunk population that has been spreading rabies. The cost of this agreement is $2,500. The agreement is scheduled to take effect as of June 2, 2003 if approved by the City. The agreement would remain in effect until the funds are depleted by the services rendered by the Wildlife Services. The Wildlife Service estimates that the agreement should cover services for the months of June, July and August. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-154 WHEREAS, the City of Grand Island has experienced a recent increase in rabid animals; and WHEREAS, the U.S. Department of Agriculture has proposed a means for controlling skunks and any other small mammal which may include red fox, opossum, raccoon, or feral cats responsible for potential disease transmission within the city; and WHEREAS, the U.S. Department of Agriculture is requesting financial assistance of $2,500 for reimbursement of costs associated with wildlife damage control services; and WHEREAS, an agreement has been drafted outlining the services to be undertaken by the U.S. Department of Agriculture for such wildlife damage control; and WHEREAS, the proposed Cooperative Service Field Agreement has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Cooperative Service Field Agreement between the City and the United States Department of Agriculture, Animal and Plant Inspection Service, Wildlife Services for a wildlife damage control project is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G15 #2003-155 - Approving Lease Agreement at Cornhusker Army Ammunition Plant with Department of Administrative Services 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 in an agreement with the Department of Administrative Services for the Nebraska State Patrol to lease storage space for Building A-30. The lease agreement allowed an extension of the lease in one-year increments through 2007. We recommend approval for a one-year extension of the building lease at the annual rate of $500.00. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-155 WHEREAS, on May 22, 2001, by Resolution 2001-132, a lease was approved for the Nebraska State Patrol to utilize storage space at the former Cornhusker Army Ammunition Plant in accordance with a Lease Agreement between the City and the Nebraska Department of Administrative Services; and WHEREAS, the Nebraska Department of Administrative Services has requested that the lease be continued for an additional year pending development of the property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a one-year extension of the Building Lease by and between the City and the Nebraska Department of Administrative Services to lease storage area at the former Cornhusker Army Ammunition Plant at a rate of $500 per year is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G16 #2003-156 - Approving Bid Award for Substation Spill Containment - Utilities Department Background: Many electrical devices contain large quantities of insulating oil. This oil is potentially harmful to the environment and, therefore, is regulated. Electric utilities are required to create and implement a Spill Prevention Control and Countermeasures Plan. Prevention measures include elimination of most oil circuit breakers. The large substation power transformers each contain approximately 6,000 gallons of oil; their replacement is not feasible. Potential transformer oil spills will be controlled through secondary spill containment. Detailed specifications were prepared for the construction of the required oil containment systems. A berm will be constructed around each transformer and the enclosed area lined with an oil impervious fabric. Shallow sumps will permit removal of accumulated precipitation. Discussion: Specifications were mailed to several prospective construction firms and advertised in The Grand Island Independent. The Engineer’s estimate was $200,000. Two bids were received: 1)Diamond Engineering – Grand Island, NE - Bid amount: $173,000 and 2)Lange Containment – Denver, CO - Bid amount: $147,965 Both bidders submitted the appropriate bid bonds. Diamond Engineering took no exceptions. Lange Containment stated two clarifications to specifications; confirming that this contract does not include barriers for conduit penetrations within containment berms, which it does not, and confirming that the liner seams necessary for construction are not counted as damage patches on the contract limit. These clarifications have no impact on the cost of the job, or the scope of the project. The containment liners at Substations “E” and “F” were provided by Lange Containment. The Electric Department is pleased with their product. Recommendation: Although both bidders are qualified, the bid of Lange Containment is $25,035 less than that of Diamond Engineering. It is the recommendation of Utility Department Staff that Lange Containment be awarded the Spill Containment contract in the amount of $147,965. Tuesday, June 10, 2003 Council Session City of Grand Island City of Grand Island City Council Fiscal Effects: Funds are available from the Utilities Department Enterprise Fund 520 and the project is included in the FY 2002-03 Capital Improvements Budget. Alternatives: Award the Spill Containment Contract to Diamond Engineering. See attached RESOLUTION. Staff Contact: Gary R. Mader; Dale Shotkoski 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: May 27, 2003 at 11:00 a.m. FOR: Substation Secondary Containment 03-PCC-01 DEPARTMENT: Jeff Mead – Phelps Control ENGINEER’S ESTIMATE: $200,000.00 FUND/ACCOUNT: Enterprise Fund Electric Utility PUBLICATION DATE: May 4, 2003 NO. POTENTIAL BIDDERS: SUMMARY Bidder: Lange Containment Systems, Inc. Diamond Engineering Denver, CO Grand Island, NE Bid Security: The American Institute of Architects Travelers Casualty & Surety Exceptions: Noted None Bid Price: $147,965.00 $173,000.00 cc: Gary Mader, Utilities Director Jeff Mead, Phelps Control RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P821 Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-156 WHEREAS, the City of Grand Island invited sealed bids for Substation Secondary Containment 03-PCC-01, according to plans and specifications on file with the Utility Engineering Office at Phelps Control Center; and WHEREAS, on May 27, 2003, bids were received, opened and reviewed; and WHEREAS, Lange Containment of Denver, Colorado, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $147,965.00; and WHEREAS, Lange Containment's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Lange Containment of Denver, Colorado, in the amount of $147,965.00 for substation secondary containment 03-PCC-01 is hereby approved as the lowest evaluated bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G17 #2003-157 - Approving Change Order #1 - Grand Island Power Plant Security System - Electronic Contracting Company Background: To enhance security, Platte Generating Station has erected perimeter fencing and lighting to be used with a security system. Included in the security system are gates, gate operators, electronic identification system, and video cameras. Electronic Contracting Company, from Lincoln, Nebraska, was awarded the project on November 12, 2002 in the amount of $128,100.00. Discussion: As a result of design revisions and field modifications during the project, the scope of work has been changed from the original contract as follows. Labor and material to add fill and grade around the PGS entrance gates: $1,650.00, and add a user interface card and upgrade the system for additional users: $1,500.00 for a total of $3,150.00 Recommendation: The Utilities Department recommends authorizing this Change Order # 1 to the Grand Island Power Plant Security System Contract for an addition to the contract price of $3,150.00, for a net contract price of $131,250.00. Fiscal Effects: Additional funds in the amount of $3,150.00. Alternatives: None recommended. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council TO: Electronic Contracting Company CHANGE ORDER # 1 2630 North 27th Street P.O. Box 81007 Lincoln, NE 68501 Project: GRAND ISLAND POWER PLANT SECURITY SYSTEM You are hereby directed to make the following change in your contract: Labor and material to add fill and grade around the PGS entrance gates. $ 1,650.00 Add a user interface card and upgrade the software license for additional users. $ 1,500.00 Total $ 3,150.00 ADD: $ _ $ 3,150.00 _________ And/Or DELETE: $______________ The original Contract Sum $ _ 128,100.00 Previous Change Order Amounts $ ________0___ The contract Sum is increased by this Change Order $ __ 3,150.00 The total modified Contract Sum to date $ _ 131,250.00 Approval and acceptance of this Change Order acknowledges understanding and agreement tha the cost and time adjustmens included reprsent the complete values arising out of and/or incidental to the Work described therein. APPROVED: CITY OF GRAND ISLAND By:_________________________________ Date ________________________ Attest: ______________________________ _____________________________ Approved as to Form, City Attorney ACCEPTED: ELECTRONIC CONTRACTING COMPANY By: _________________________________ Date _________________________ Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-157 WHEREAS, on November 12, 2002, by Resolution 2002-347, the City Council for the City of Grand Island awarded the bid for a security system for Burdick Station and Platte Generating Station to Electronic Contracting, Inc. of Lincoln, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by Electronic Contracting, Inc. are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $3,150.00 for a revised contract price of $131,250.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and Electronic Contracting, Inc. of Lincoln, Nebraska to provide the following modifications: Amount Labor and material to add fill and grade around PGS gates ........................................................$ 1,650.00 Additional of user interface card and system upgrade for additional users.......................................1,500.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G18 #2003-158 - Approving Change Order #1 - Burdick Station and Platte Generating Station Security Gates - Utilities Department Background: To enhance site security, the Utilities Department erected fencing at its power plants. American Fence Company, from Grand Island, was awarded the project for the security gates at both Burdick and Platte Generating Stations on October 9, 2002 in the amount of $86,649.40. Discussion: As a result of design revisions and field modifications during the project, the scope of work has been changed from the original contract as follows. 1)Additional concrete at Burdick: $288.00 2)Additional concrete removal at Platte and Burdick: $296.80 3)Decrease in sod at Burdick: $(810.70) 4)Additional seeding at Platte and Burdick: $1,375.00 5)Addition of loop detector controllers at Platte: $985.00 TOTAL $2,134.10. Recommendation: The Utilities Department recommends authorizing this Change Order # 1 to the Burdick Station and Platte Generating Station Security Gates Contract for an addition to the contract price of $2,134.10, for a revised contract price of $88,783.50. Fiscal Effects: Additional funds in the amount of $2,134.10. Alternatives: None recommended. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council TO: American Fence Company CHANGE ORDER # 1 2205 E. Hwy 30 P.O. Box 1233 Grand Island, NE 68802 Project: BURDICK STATION AND PLATTE GENERATING STATION SECURITY GATES You are hereby directed to make the following change in your contract: The amount of new concrete pavement was increased at Burdick by 9 sq. yd. over what was shown on the design drawings. $ 288.00 The amount of existing concrete pavement to be removed was increased at both Burdick and PGS by 28 sq. yd. over what was shown on the design drawings. $ 296.80 The amount of sodding was decreased at Burdick. $ (810.70) The amount of seeding was increased at Burdick and PGS. $ 1,375.00 Loop detector controllers were added as they were omitted from both the security gate contract and the security system contract. $ 985.00 Total $ 2,134.10 ADD: $ _ $ 2,134.50 _________ and/or DELETE: $______________ The original Contract Sum $ _ 86,649.40 Previous Change Order Amounts $ ________0___ The contract Sum is increased by this Change Order $ __ 2,134.10 The total modified Contract Sum to date $ _ 88,783.50 Approval and acceptance of this Change Order acknowledges understanding and agreement tha the cost and time adjustmens included reprsent the complete values arising out of and/or incidental to the Work described therein. APPROVED: CITY OF GRAND ISLAND By:_________________________________ Date:______________________ Attest: ______________________________ _____________________________ Approved as to Form, City Attorney ACCEPTED: AMERICAN FENCE COMPANY By: Date: Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-158 WHEREAS, on October 8, 2002, by Resolution 2002-318, the City Council for the City of Grand Island awarded the bid for security gates for Burdick Station and Platte Generating Station to American Fence Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by American Fence Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $2,134.10 for a revised contract price of $88,783.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and American Fence Company of Grand Island, Nebraska to provide the following modifications: Amount Additional concrete at Burdick Station .......................................................................................$ 288.00 Additional concrete removal and Platte Generating Station and Burdick Station..................................296.80 Decrease in sod at Burdick Station..............................................................................................(810.70) Additional seeding at Platte Generating Station and Burdick Station ................................................1,375.00 Addition of loop detector controllers at Platte Generating Station .....................................................985.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G19 #2003-159 - Approving Change Order 1 to Sanitary Sewer District 500, Seedling Mile The construction contract was awarded to Starostka Group Company, Grand Island, Nebraska on June 11, 2002. Any change orders to the contract must be approved by the Council. The Public Works Department prepared Change Order #1 to make the following changes: Original Contract $ 150,861.31 4" C-900 Sanitary Sewer/Watermain Crossing (Sanitary Sewer connections were relocated to better service properties. ) + $ 1,107.00 Trees were removed to accommodate a temporary construction easement. + $ 1,125.00 Revised Contract $ 153,093.31 It is recommended that Council pass a Resolution authorizing the Mayor to execute the Change Order. Sufficient funds are available in account 53030055-85213. The costs will be assessed as part of the Sanitary Sewer District. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-159 WHEREAS, on June 11, 2002, by Resolution 2002-161, the City Council for the City of Grand Island awarded the bid for Sanitary Sewer District No. 500 to Starostka Group Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by Starostka Group Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $2,232.00 for a revised contract price of $153,093.31. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and Starostka Group Company of Grand Island, Nebraska to provide the following modifications: Amount 4" C-900 sanitary sewer/water main crossing..........................................................................$ 1,107.00 Removal of trees for temporary construction easement ................................................................1,125.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G20 #2003-160 - Approving Change Order 1 to Sanitary Sewer District 501, Freedom Acres The construction contract was awarded to The Diamond Engineering Company, Grand Island, Nebraska on July 9, 2002. Any change orders to the contract must be approved by the Council. The Public Works Department prepared Change Order #1 to make the following changes: Original Contract $ 322,423.16 Remove and Replace Water Main and Fire Hydrant + $ 2,165.00 ( Re-alignment was necessary because sewer line crossed watermain and hydrant ) Gravel was required in disturbed area to maintain access + $ 644.25 Limestone was required in disturbed area to maintain access + $ 380.00 Revised Contract $ 325,612.41 It is recommended that Council pass a Resolution authorizing the Mayor to execute the Change Order. Sufficient funds are available in account 53030055-85213. The costs will be assessed as part of the Sanitary Sewer District. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-160 WHEREAS, on July 9, 2002, by Resolution 2002-197, the City Council for the City of Grand Island awarded the bid for Sanitary Sewer District No. 501 to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $3,189.25 for a revised contract price of $325,612.41. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1, between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the following modifications: Amount Remove and replace water main and fire hydrant.....................................................................$ 2,165.00 Additional gravel in disturbed area................................................................................................644.25 Additional limestone in disturbed area ...........................................................................................380.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G21 #2003-161 - Approving Certificate of Final Completion for 2003- PL-1 Parking Lot at the Impound Yard The contract for 2003-PL-1 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on April 8, 2003. Work commenced on May 1, 2003 and was substantially complete by May 14, 2003. The project was completed at a construction price of $26,475.85. There were no changes to the contract. It is recommended that Council pass a Resolution authorizing the Mayor to execute the Certificate of Final Completion. The costs of this project will be paid from GIPD account no. 10022301-85608. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-161 WHEREAS, the Director of Public Works of the City of Grand Island and the Grand Island Police Chief have issued their Certificate of Final Completion for 2003-PL-1 Parking Lot at the City Impound Yard, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract approved April 17, 2003, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Director of Public Works and the Police Chief recommend the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Certificate of Final Completion for 2003-PL-1 Parking Lot at the City Impound Yard is hereby confirmed. 2. A warrant be issued from Account No. 10022301-85608 in the amount of $26,475.85 payable to The Diamond Engineering Company for the final amount due the contractor. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G22 #2003-162 - Approving Bid Award for Traffic Signal Improvements at Old Potash Highway and US Highway 281 The Engineering Division of the Public Works Department advertised for bids for this Traffic Signal improvement on April 30, 2003. Three bids were opened May 15, 2003. Council action is required to award the bid. The Public Works Department - Engineering Division, and the Purchasing Division of the City Attorney’s Office have reviewed all bids received. All bids received met specifications and were less than the engineer’s estimate of $21,040.50. A summary of the bids received is attached. An error was found during the bid review that reduced the low bid by $3,000. It is recommended that Council award the bid to Dominion Construction of Scottsbluff, Nebraska in the amount of $12,528.20 as the lowest responsible bid. There are sufficient funds in account no. 40033535-90071 for the project. Tuesday, June 10, 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 BID OPENING BID OPENING DATE: May 15, 2003 at 11:00 a.m. FOR: Traffic Signal at Old Potash Highway and US Highway 281 DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $21,040.50 FUND/ACCOUNT: 40033535.90071 PUBLICATION DATE: April 30, 2003 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Kayton Electric Ensley Electric Dominion Construction Holdrege, NE Grand Island, NE Scottsbluff, NE Bid Security: Federal Insurance Co. Inland Insurance Co. Travelers Casualty Exceptions: None None None Bid Price: $16,182.00 $16,451.00 $15,528.20 cc: Steve Riehle, Public Works Director Ron Underwood, Senior Civil Engineer RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P828 Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-162 WHEREAS, the City of Grand Island invited sealed bids for Traffic Signal at Old Potash Highway and U.S. Highway 281, according to plans and specifications on file with the City Engineer; and WHEREAS, on May 15, 2003, bids were received, opened and reviewed; and WHEREAS, Dominion Construction of Scottsbluff, 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 $12,528.20; and WHEREAS, Dominion Construction's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Dominion Construction of Scottsbluff, Nebraska, in the amount of $12,528.20 for traffic signal at Old Potash Highway and U.S. Highway 281 is hereby approved as the lowest evaluated bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G23 #2003-163 - Approving Agricultural Deferral of Assessments for Water Main District No. 437 for Louis and Virginia Graham The City Council is required to approve the deferral of special assessments for agricultural deferrals. This real estate is located within an agricultural use zone and is used exclusively for agricultural purposes. Prior to construction, agreements were reached with the Grahams to acquire right of way and part of that agreement was the deferral of special assessments for this property. At the January 28, 2003, meeting the City Council approved the deferral of the assessments for sanitary sewer and street improvements and this will complete the process of granting agricultural deferrals. It is recommended that the City Council approve the request for deferral of these special assessments for water improvements. Assessment payments will begin when the property is developed or no longer eligible for an agricultural use deferral. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-163 WHEREAS, on March 27, 2001, by Ordinance No. 8663, the City of Grand Island created Water Main District No. 437; and WHEREAS, such district includes land adjacent to the City, some of which was and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, Louis E. Graham and Virginia B. Graham, husband and wife, own property within Water Main District No. 437 and have requested agricultural deferral of special assessments for such district due to the land being used exclusively for agricultural purposes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The special assessments to be levied under Water Main District No. 437 upon the following tract of land in the City of Grand Island, Hall County, Nebraska, shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430: Beginning at a point 11' west and 33' south of the NE corner of the NW1/4, NW1/4 of Section 5; thence west 33' south of and parallel to the north line of Section 5; to the east ROW line of Juergen Road; thence south 7'; thence southwest along the easterly ROW line of Juergen Road a distance of 56.57'; thence south on the east ROW line of Juergen Road to a point of curvature; thence continuing southwesterly on a curve to the right, said line being the easterly ROW line of Juergen Road, to the north line of Lot 21, Platte Valley Industrial Park Third Subdivision; thence east on the north line of Lots 21 and 19 of Platte Valley Industrial Park Third Subdivision to a point 11' west of the east line of the NW1/4, NW1/4 of Section 5, T10N, R9W; thence north on a line 11' west of and parallel to the east line of said NW1/4, NW1/4 of Section 5 to the point of beginning. 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessments. 3. That the special assessments shall be divisible upon a pro rata basis of the original assessment in the event a portion of the land shall no longer be eligible for deferral. 4. That upon termination of deferral, the principal amount of the special assessments shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G24 #2003-164 - Approving Agreement with the Nebraska Department of Roads for Relocation of Sign at Sundance Feed and Seed Company In 1998, the City of Grand Island installed a "Welcome to Grand Island" sign near the Sundance Seed and Feed business on East Highway 30. The city entered into a license agreement with Sundance Seed and Feed to allow for placement of this sign on Sundance property at no cost to the City. With the East Highway 30 widening project, the sign will need to be relocated. Tony Seitz from Sundance has agreed to allow the sign to be relocated on the property, in the same general vicinity and outside of the path of the highway project. The Nebraska Department of Roads has estimated that the costs for the City to relocate the sign are as follows: $2,438.50 for moving and relocation of the sign and $1,200 for dirt and landscape work. There has not been electricity at this site so no allowance was made for installing electrical power. The new location is subject to approval by the NDOR. A Sign Acquisition Contract was prepared by the NDOR. Approval is recommended. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-164 WHEREAS, on August 10, 1998, by Resolution 98-204, the City of Grand Island approved a License Agreement between the City and Sundance Feed and Seed Company for the placement of city entrance signage on its property along East U.S. Highway 30; and WHEREAS, East U.S. Highway 30 is scheduled to be widened which will require the city entrance signage to be relocated outside the path of the highway project; and WHEREAS, Sundance Feed and Seed Company is agreeable to having the sign relocated on the property in the same general vicinity in order to accommodate the widening project; and WHEREAS, a Sign Acquisition Contract with the Nebraska Department of Roads is required for the new location site. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Sign Acquisition Contract with the Nebraska Department of Roads is hereby approved allowing the relocation of the city entrance signage on the Sundance Feed and Seed Company property along East U.S. Highway 30 to accommodate the East U. S. Highway 30 widening project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G25 #2003-165 - Approving Contract for Remediation of Lead- Impacted Soil at CAAP Pistol Range The Park and Recreation Department, has submitted a request for awarding a contract for Remediation of Lead Impacted Soil at Cornhusker Army Ammunition Plant Pistol Range. One bid was received in the amount of $146,051.16. The bid was submitted by TCW Construction of Lincoln, Nebraska. There are sufficient funds for this purchase in account number 61550020-85465 General Government Insurance Uninsured Loss. The engineers estimate was $156,588.00. See attached Engineers Recommendation. It is recommended that the contract be awarded to TCW of Lincoln, Nebraska in the amount of $146,051.16. See attached RESOLUTION. Tuesday, June 10, 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 BID OPENING BID OPENING DATE: May 28, 2003 at 11:00 a.m. FOR: Remediation of Lead Impacted Soil at CHAAP Pistol Range DEPARTMENT: Parks & Recreation ENGINEER’S ESTIMATE: $156,588.00 FUND/ACCOUNT: 61550020-85465 PUBLICATION DATE: May 13, 2003 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: TCW Construction, Inc. Lincoln, NE Bid Security: The American Institute of Architects Exceptions: None Bid Price: $146,051.16 cc: Marlan Ferguson, City Administrator Steve Paustian, Parks & Recreation Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P827 Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-165 WHEREAS, the City of Grand Island invited sealed bids for Environmental Services – Remediation of Lead-Impacted Soil at the former Cornhusker Army Ammunition Plant (CHAAP) State Ejection Site/Backstop Berm (of the Pistol Range), according to plans and specifications on file with the Purchasing Division of the Legal Department; and WHEREAS, on May 28, 2003, one bid was received, opened and reviewed; and WHEREAS, TCW Construction, Inc. 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 $146,051.16; and WHEREAS, TCW Construction, Inc.'s bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of TCW Construction, Inc. of Lincoln, Nebraska, in the amount of $146,051.16 for Environmental Services – Remediation of Lead-Impacted Soil at the former Cornhusker Army Ammunition Plant (CHAAP) State Ejection Site/Backstop Berm (of the Pistol Range) is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G26 #2003-166 - Approving Subordination Agreement for House Purchased Under CDBG Down Payment Assistance Program The City of Grand Island has a real estate lien on property owned by Bradley & Carrie Allen, 910 East 12th Street, which has a remaining balance of $11,091.78. This lien results from the City providing rehabilitation services to the property in 1992. The legal description for the property is Lot 6, Block 4, George Loan's Subdivision. The owners are interested in refinancing. The City's current real estate lien is junior in priority to a Deed of Trust from the owner to the bank (Commercial Federal). By law, the new Deed of Trust would be junior in priority to the City's lien; however, the lenders at the new bank (Citifinancial) have asked the City to subordinate its real estate lien to the new Deed of Trust. The loan from Citifinancial is $47,500; the appraised valuation of the property is $59,000 and is sufficient to secure both loans. Approval of the proposed Subordination Agreement, placing the City in the junior position on the real estate liens, is recommended. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Community Projects City of Grand Island City Council Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-166 WHEREAS, the City of Grand Island, is the lender and secured party of two Real Estate Liens, one dated May 4, 1992 and recorded on June 4, 1994 as Instrument No. 92-104861, and the second dated July 6, 1992 and recorded August 14, 1992 as Instrument No. 92-107078 secured by property owned by Bradley M. Allen, Sr. and Carrie L. Allen, husband and wife, said property being described as follows: Lot Six (6), Block Four (4), George Loan's Subdivision in the City of Grand Island, Hall County, Nebraska. WHEREAS, Bradley M. Allen Sr. and Carrie L. Allen wish to execute a Deed of Trust and Note in the amount of $47,500 with Citifinancial to be secured by the above-described real estate; and WHEREAS, the new lender, Citifinancial, Beneficiary, wishes to extend the new loan secured by a Deed of Trust conditioned upon the City subordinating its Real Estate Liens to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure all the loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Real Estate Liens from Bradley M. Allen Sr. and Carrie L. Allen, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Citifinancial, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G27 #2003-167 - Approving Acquisition of Public Utility Easement Located at 2707 and 2709 South Locust Street. (Eloy Uribe and Oralia Erives) This item relates to the aforementioned Public Hearing. Acquisition of a Public Utility Easement at 2707 and 2709 South Locust Street is required in order to allow access to install sanitary sewer mains. See attached RESOLUTION. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Aproved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-167 WHEREAS, a public utility easement is required by the City of Grand Island, from Eloy Uribe and Oralia Erives, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on June 10, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter of the Northwest Quarter (SW1/4, NW1/4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, the centerline of the sixteen (16.0) foot wide public utility easement and right-of-way being more particularly described as follows: Beginning at the intersection of the centerline of an existing Sixteen (16.0) foot wide sanitary sewer easement and the north line of Lot One (1), Garrison Subdivision; thence running northwesterly, a distance of approximately One Hundred Sixty Eight and Six Tenths (168.60) feet, to the centerline of an existing Sixteen (16.0) foot wide easement recorded as Document No. 86-103070, in the Office of the Register of Deeds, and to the Point of Termination. The above-described easement and right-of-way containing a total of 0.062 acres (2697.6 square feet), more or less, are shown on the plat dated May 30, 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 Eloy Uribe and Oralia Erives, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G28 #2003-168 - Approving Supplemental Funding Agreement with Economic Development Corporation (EDC) Regarding CNH BACKGROUND In early 2000, the corporate executives for one of Grand Island's major employers, New Holland (CNH), undertook an evaluation, targeting 20% of the company's plants worldwide for sale, consolidations and closure. As you will recall, there had been much discussion and concern that the Grand Island plant would be closed and operations moved to Moline, Illinois where CNH had a factory that produced Case combines, cotton pickers and corn heads. As a result of tremendous community support, a financial assistance/training package to assist the Grand Island CNH manufacturing facility in its efforts to become a combine manufacturing plant was developed. Partners committed to providing assistance included: area foundations, financing institutions, Nebraska Department of Economic Development, Central Community College Foundation, Northwestern Public Service, St. Francis Medical Center, Central Community College, City of Grand Island, and Grand Island Area Economic Development Corporation. While details of Grand Island's financial assistance package were not made public for fear the content would find it's way to Moline and undermine our chances to effectively compete, focused discussions were held to ensure Grand Island submitted a strong proposal that could meet or exceed that forwarded by Moline. The City Council held a special meeting in June 2000 to discuss, in executive session, contract negotiations relating to an economic development proposal for New Holland. DISCUSSION At the December 17, 2002 regular meeting, City Council approved Resolution #2002-394 approving the Memorandum of Understanding Mutual Agreement for Inducement Loans and Benefits between New Holland North America, Inc., the City of Grand Island, the Grand Island Area Economic Development Corporation, and Wells Fargo Bank Nebraska. The City is participating in the incentive in a couple of ways. First, funding through the Community Development Block Grant Revolving Loan Fund is available. $150,000 has been requested to assist with the purchase of equipment. The City may also participate in buying down the interest on one of the loans offered by a consortium of community banks, which is outlined in the Supplemental Funding Agreement before you now. Staff recommends approval. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: Marlan Ferguson City of Grand Island City Council SUPPLEMENTAL FUNDING AGREEMENT THIS AGREEMENT is approved and executed on _______________, 2003, by the City of Grand Island, a Municipal Corporation (City), Grand Island Area Economic Development Corporation, a Corporation (EDC), and Wells Fargo Bank Nebraska, a Corporation, as lead lender and acting on behalf of Grand Island Partners, a Consortium of Financial Institutions (GIP). 1. STATEMENT OF PURPOSE. The parties acknowledge and agree that this agreement is made in furtherance of the provisions relating to the Grand Island Partners Loans set out in the Memorandum of Understanding – Mutual Agreement for Inducement Loans and Benefits (MOU) previously approved and executed by and between CNH, the City, EDC, and GIP. The purpose of this agreement is to state the terms and conditions under which GIP and EDC will participate in a joint and mutual program to partially fund the effective interest rates to be charged by GIP for two potential loans to New Holland North America, a Corporation (CNH), which are generally described in the MOU, and the City will increase its annual funding to EDC to replace promotion program funds. 2. DUTIES OF GIP CONSORTIUM. In the event the GIP and CNH enter into agreements for the first or both of the loans to CNH described generally in the MOU, the interest rate to be charged to CNH by GIP shall be 1% per annum. The total interest rate to be paid to GIP on the outstanding balance of principal shall be the lenders’ prime rate, to be adjusted prospectively quarterly on the date interest payments are due in accordance with paragraphs 3 and 8 of the MOU. The difference between the interest to be paid by CNH (1%) and the total interest to be received by GIP (prime rate) shall be funded by the EDC quarterly on the same date interest payments from CNH are due. 3. DUTIES OF EDC. EDC shall fund on the GIP loan(s) the difference between the 1% rate to be charged by GIP to CNH and the publicly quoted New York prime rate in order to reduce the effective interest rate as part of the package of economic incentives which induced CNH to develop and operate a modern harvesting machinery manufacturing facility in Grand Island. The funds of the EDC to be used for the foregoing purposes shall be those which would ordinarily be budgeted and expended as part of the EDC programs for encouraging new industries, investment, and publicity campaigns promoting the resources and services of Grand Island, but received from sources other than the City. Supplemental Funding Agreement City/EDC/GIP Page Two (2) 4. DUTIES OF THE CITY. In order for the EDC to continue its current programs on behalf of the City for encouraging new industries, investment, and pub licity campaigns promoting the resources and services of Grand Island, the City shall increase its annual budgeted appropriation to the EDC in an amount sufficient to replace the program funds expended in buying down the interest rate(s) of the GIP loans to CNH. The annual appropriation budgeted for the foregoing expenditure shall be payable as part of the City’s regular payments to the EDC, and disbursements shall be calculated according to the quarterly prospective interest rate adjustment described in paragraph 2 above. 5. CNH LOAN PERFORMANCE. The parties agree that the duty of each party to perform their respective duties under this agreement shall be based on strict compliance by CNH with the repayment schedule, job performance targets, relocation constraints, funding commitments and default provisions of the MOU. Under no circumstance shall the EDC or City be obligated to pay more money in furtherance of this agreement than would have been payable in the event the GIP loans were wholly performed and repaid timely. In the event any act of default by CNH of the terms and conditions of the MOU or the GIP loan(s) becomes known to any party to this agreement, all known information relating to the act of default shall be provided to other parties and the City shall immediately notify CNH of the condition creating the default and shall send copies of the notice to the EDC and GIP as provided by paragraphs 25 and 38 of the MOU. 6. SEVERABLITY OPTION. The parties agree that the duty of each party to perform under this agreement is dependent on complete performance by all other parties. In the event any provision of this agreement is found to be unlawful, is enjoined or otherwise barred by an order of a court with proper jurisdiction, the remaining provisions shall remain in full force and effect and the parties shall endeavor to amend this agreement to comply with the order of the court in order to accomplish the mutual purposes of the parties and prevent financial expense other than the interest rate buy down described above. 7. GUARANTEE DISCLAIMER. The parties acknowledge and agree that this agreement and negotiations in the course of making this agreement do not constitute in any manner a guarantee of repayment or collateralization of the GIP loan(s) or fixation of interest rates. GIP accepts the responsibility and risk for making the loan agreements with CNH and obtaining such security as it collectively deems prudent and advisable. The EDC and City accept the responsibility and risk associated with potential variability of prime interest rates. Supplemental Funding Agreement City/EDC/GIP Page Three (3) 8. SCOPE OF AGREEMENT. The parties to this agreement understand and agree that the scope of this agreement is limited to the terms and conditions specifically stated herein and acknowledge that other documents, agreements, policies and business practices may govern related issues not mentioned in this consortium agreement. 9. APPLICABLE LAWS. This agreement shall be governed by and construed in accordance with the laws of the State of Nebraska and the United States of America. 10. EFFECTIVE DATE. This agreement shall be effective on the date the last party executes this document. CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, Dated:_______________, 2003 By:_________________________________ Mayor Jay Vavricek GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION, A Corporation, Dated:_______________, 2003 By:_________________________________ Chairman of the Board, Mike Gloor GRAND ISLAND PARTNERS, By WELLS FARGO BANK NEBRASKA, A Corporation and Lead Lender, Dated:_______________, 2003 By:_________________________________ Kurt A. Haecker, President Approved as to Form ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-168 WHEREAS, on December 17, 2002, by Resolution 2002-394, the City of Grand Island approved the Memorandum of Understanding Mutual Agreement for Inducement Loans and Benefits between New Holland North America, Inc., the City of Grand Island, the Grand Island Area Economic Development Corporation, and Wells Fargo Bank Nebraska as lead lender of Grand Island Partners to lend funds and provide inducements in support of the operation of the Grand Island manufacturing facility; and WHEREAS, the Memorandum of Understanding provided that the parties would participate in a joint and mutual program to buy down the effective interest rates to be charged by the Grand Island Partners (GIP), a consortium of financial institutions, for two potential loans to New Holland North America which are generally described in such Memorandum of Understanding; and WHEREAS, a CNH Interest Buydown Agreement has been drafted to accomplish this provision of the Memorandum of Understanding; and WHEREAS, according to the CNH Interest Buydown Agreement, the City would be obligated to increase its annual budgeted appropriation to the Economic Development Corporation in an amount sufficient to replace the program funds expending in buying down the interest rate(s) of the GIP loans to Case New Holland; and WHEREAS, a proposed CNH Interest Buydown Agreement has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the CNH Interest Buydown Agreement between the City, the Grand Island Area Economic Development Corporation, and Wells Fargo Bank Nebraska as lead lender and acting on behalf of the Grand Island Partners, a Consortium of Financial Institutions is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G29 #2003-169 - Approving Authorization for Agreement Negotiations with Kirkham Michael and Associates, Inc. for Consulting Services Relative to 2nd Street Drainage The Nebraska Department of Roads (NDOR) is working on a project to improve US Highway 30 through central Grand Island. The NDOR advertised a Request for Proposals for Engineering Services for the project, reviewed proposals, conducted interviews, made a selection and negotiated an agreement. Their choice for the project was Kirkham Michael and Associates, Inc. of Omaha, Nebraska. The City must make drainage improvements to the storm water capacity downstream of the US Highway 30 project near Broadwell so the NDOR can proceed with design. The Public Works Department is requesting authorization to negotiate an Agreement with Kirkham Michael and Associates to perform a drainage study in the area from the UPRR tracks on the north, the UPRR tracks west of Curtis on the west, the drainage channel along Phoenix Avenue on the south and Washington Street on the east. Using a different consultant than the NDOR would slow the project considerably, and add cost to the project. It is recommended that Council approve a Resolution designating Kirkham Michael and Associates as a sole source provider under the City code. Sufficient funds are available in Account No. 10033506-85213. Cost savings will be realized by using the same consultant as the NDOR. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-169 WHEREAS, the Nebraska Department of Roads (NDOR) is working on a project to improve U.S. Highway 30 through central Grand Island; and WHEREAS, after following state procurement procedures, the NDOR entered into a contract with Kirkham Michael and Associates, Inc. of Omaha, Nebraska to provide engineering services for the project; and WHEREAS, the NDOR recently informed the City that it must make drainage improvements to the storm water capacity downstream of the U.S. Highway 30 project near Broadwell Avenue in order for the NDOR to proceed with the project; and WHEREAS, due to their familiarity with the project, it would be beneficial for the City to utilize Kirkham Michael and Associates, Inc. to perform a drainage study for the City; and WHEREAS, it is recommended that negotiations be authorized with Kirkham Michael and Associates, Inc. to perform such work. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization is hereby given to pursue negotiations with Kirkham Michael and Associates, Inc. of Omaha, Nebraska for engineering work necessary for the City to make drainage improvements to the storm water capacity downstream of the U.S. Highway 30 project near Broadwell Avenue to allow the Nebraska Department of Roads to proceed with their U.S. Highway 30 improvement project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item G30 #2003-170 - Approving Agreement with Kirkham Michael and Associates, Inc. for Consulting Services Relative to 2nd Street Drainage The Nebraska Department of Roads (NDOR) is working on a project to improve US Highway 30 through central Grand Island. The City must make drainage improvements to the storm water capacity downstream of the US Highway 30 project near Broadwell so the NDOR can proceed with design. Council has been asked to name Kirkham Michael and Associates as a sole source provider for a drainage study to coincide with the NDOR project. The Public Works Department has negotiated an Agreement with Kirkham Michael and Associates to perform a drainage study in the area. It is recommended that Council approve a Resolution authorizing the Mayor to sign an Agreement with Kirkham Michael and Associates to perform the drainage study. Kirkham Michael and Associates will perform the study at their standard hourly rates with a maximum dollar amount of $19,840.00. This rate structure is the same as the NDOR’s method of calculation. The study should be conducted so drainage in the area can be improved. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-170 WHEREAS, the Nebraska Department of Roads (NDOR) is working on a project to improve U.S. Highway 30 through central Grand Island; and WHEREAS, the NDOR recently informed the City that it must make drainage improvements to the storm water capacity downstream of the U.S. Highway 30 project near Broadwell Avenue in order for the NDOR to proceed with the project; and WHEREAS, the NDOR entered into a contract with Kirkham Michael and Associates, Inc. to perform engineering work on the project; and WHEREAS, it is beneficial for the City to utilize Kirkham Michael and Associates, Inc. for engineering work the NDOR is requiring the City in conjunction with their project; and WHEREAS, Kirkham Michael and Associates, Inc. has agreed to perform engineering work for the City in order for the City to make necessary drainage improvements to the storm water capacity downstream of the U.S. Highway 30 project near Broadwell Avenue at their standard hourly rate, with a total cost not to exceed $19,840. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Kirkham Michael and Associates, Inc. of Omaha, Nebraska, is hereby authorized and approved to perform engineering work for the City in order for the City to make necessary drainage improvements to the storm water capacity downstream of the U.S. Highway 30 project near Broadwell Avenue at their standard hourly rate, with a total cost not to exceed $19,840. BE IT FURTHER RESOLVED, that a contract 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, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item H1 Request of Larry Bird to Create Water Main District Located at Faidley Avenue in Crane Valley 6th Subdivision The City Clerk's Office received a request from Larry Bird to create a water main improvement district along Faidley Avenue for the Crane Valley 6th Subdivision. The request is to extend the 10" water main along Faidley Avenue approximately 680 feet. With approval of City Council, this item will be referred to the Utilities Department to create a Water Main District on the June 24, 2003 City Council meeting. A MOTION is in order. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item I1 #2003-171 - Approving Continuation of Street Improvement District 1247, Cannon Road Street Improvement District 1247, Cannon Road from North Road to Mansfield Road, was created by the City Council on May 6, 2003. Legal notice of creation of the District was published in the Grand Island Daily Independent on May 13, 2003. Notification was also mailed to the property owners on that date, stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. Meetings were held to discuss the Street Improvement District with area residents on May 21 and 28, 2003 with City staff, area residents, and Councilmembers Seifert and Walker. The City Council also reviewed the District at their June 3, 2003 Study Session. The District completed the 20-day protest period at 5:00 p.m., Monday, June 2, 2003. Thirteen protests were filed against this district by abutting property owners. These owners represented 2,376.02 front feet, or 63.88% of the total district frontage of 3,719.38 feet. Due to stipulations in various Subdivision Agreements, only one of the protests that were filed was a valid protest. If Council continues the District, staff will prepare plans for a 41' wide concrete paving project to follow the sanitary sewer project that is scheduled for this summer. If Council discontinues the District, staff will bring an item for creation of an asphalt paving district before Council at the June 24, 2003 meeting. This district would cover costs to fill in the median with asphalt and overlay the median and street with asphalt. The costs for filling in the median would be assessed to the abutting property owners . The property owners would also be responsible for removing their own sod and sprinklers. The City would be responsible for re-establishing the drainage ditches or swales next to the street. A MOTION is in order. Tuesday, June 10, 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 ¤ ___________ June 6, 2003 ¤ City Attorney R E S O L U T I O N 2003-171 WHEREAS, Street Improvement District No. 1247 was created by Ordinance No. 8809 on May 6, 2003; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent on May 13, May 20, and May 27, 2003, in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, meetings were held with area residents on May 21 and May 28, 2003 for further discussion on the creation of such district; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on June 2, 2003, and valid protests were filed with the City Clerk against the creation of Street Improvement District 1247 by abutting property owners representing 8.23% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1247, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 10, 2003. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of May 21, 2003 through June 10, 2003 The Claims for the period of May 21, 2003 through June 10, 2003 for a total amount of $3,243,020.01. A MOTION is in order. Tuesday, June 10, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council