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10-28-2003 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 28, 2003 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: David Springer (Interim) City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick 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 David Vaughn, Victory Bible Fellowship, 2416 North Hancock City of Grand Island City Council Item D1 #2003-BE-18 - Determining Benefits for Sanitary Sewer District No. 500 - South of Seedling Mile Road & west of Shady Bend Road Background The Certificate of Final Completion for Sanitary Sewer District No. 500 was approved on August 26, 2003 with September 23, 2003 set as the date for Council to sit as the Board of Equalization. Due to some concerns regarding assessments on 3 properties, the Board of Equalization for this district was not held on September 23, 2003. These concerns have now been addressed and the Board of Equalization rescheduled for October 28, 2003. Discussion The contract for Sanitary Sewer District 500 was awarded to The Starostka Group Company of Grand Island, Nebraska on June 11, 2002; work commenced on August 5, 2002 and was completed on November 25, 2002. This project was completed on schedule and at a construction price of $151,201.34. Total cost of the project, including contract administration is $195,379.27. Costs for the project break down as follows: Original Bid $ 150,861.31 Underruns ($ 1,891.97) Change Order No 1 $ 2,232.00 Engineering $ 15,120.13 Easements $ 23,658.91 Publication, T.V. Inspection, etc. $ 5,398.89 Total Cost $ 195,379.27 Original Estimate at time of District Creation was $366,609.14. Recommendation Meet as the Board of Equalization to determine the benefits and pass Ordinance to levy the costs to the properties adjacent to the project. Financial Implications Cost shall be assessed against the properties adjacent to the project. Alternatives None. Levying Assessments will allow the City to recover the majority of District costs. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-BE-18 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sanitary Sewer District 500, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $193,534.57; and Such benefits are equal and uniform; and According to the equivalent frontage of the respective lots, tracts, and real estate within such Sanitary Sewer District No. 500, such benefits are the sums set opposite the several descriptions as follows: Name Description Assessment George & Connie Solt North 1/4 of Lot 1, Sass Subdivision 953.42 George & Connie Solt North 1/4 of Lot 2, Sass Subdivision 1,185.65 Heather J. O'Hara North 1/4 of Lot 3, Sass Subdivision 1,528.85 Heather J. O'Hara North 1/4 of Lot 4, Sass Subdivision 1,528.85 Curtis & Pamela Hirschkorn North 1/4 of Lot 5, Sass Subdivision 1,528.85 Curtis & Pamela Hirschkorn North 1/4 of Lot 6, Sass Subdivision 1,528.85 Timothy Walt Lemons North 1/4 of Lot 13, Sass Subdivision 1,528.85 Timothy Walt Lemons North 1/4 of Lot 14, Sass Subdivision 1,528.85 Lenora M. Roebuck North 1/4 of Lot 15, Sass Subdivision 1,528.85 Lenora M. Roebuck North 1/4 of Lot 16, Sass Subdivision 1,528.85 Dale & Leota Davis Lot 1, Sass Second Subdivision 2,371.31 Alma M. Goins Lot 2, Sass Second Subdivision 2,371.31 Monte & Sheryl Perkins Lot 3, Sass Second Subdivision 3,057.71 William & Tina Paulsen Lot 4, Sass Second Subdivision 3,057.71 Timothy & Vicki Bartels Lot 5, Sass Second Subdivision 3,057.71 Monte & Sheryl Perkins Lot 6, Sass Second Subdivision 3,057.71 Herbert & Lora Heusel Lot 7, Sass Second Subdivision 3,057.71 Herbert & Lora Heusel Lot 8, Sass Second Subdivision 3,057.71 Vay & Monte Moser Lot 9, Sass Second Subdivision 3,057.71 Walter & Evelyn Meinecke Lot 10, Sass Second Subdivision 4,040.52 Walter & Evelyn Meinecke Lot 11, Sass Second Subdivision 2,821.88 Walter & Evelyn Meinecke Lot 12, Sass Second Subdivision 3,024.13 James H. Webb Lot 13, Sass Second Subdivision 3,057.71 RESOLUTION 2003-BE-18 - 2 - Jerry & Linell Schultz Lot 14, Sass Second Subdivision 3,057.71 Steven & Sheryl Shelton Lot 15, Sass Second Subdivision 3,057.71 William & Cheryl Carstens Lot 16, Sass Second Subdivision 3,057.71 Charles & Hazel Struble Lot 17, Sass Second Subdivision 3,057.71 Charles & Hazel Struble Lot 18, Sass Second Subdivision 3,057.71 Kevin & Kimberly Knight Lot 19, Sass Second Subdivision 3,057.71 Bradley & Teresa Fish Lot 20, Sass Second Subdivision 3,057.71 Dean & Kay Schuchman Lot 21, Sass Second Subdivision 3,057.71 Brian & Heather Fox Lot 22, Sass Second Subdivision 3,057.71 Brian & Sara Jelinek Lot 23, Sass Second Subdivision 3,057.71 Bonnie G. Springsguth West 100 feet of Lot 24, Sass Second Subdivision 2,981.90 Abigail Martin East 5.6 feet of Lot 24, Sass Second Subdivision 75.81 Abigail Martin South 1/4 of Lot 1, Sass Subdivision 675.08 Abigail Martin South 1/4 of Lot 2, Sass Subdivision 1,121.81 Abigail Martin South 1/4 of Lot 3, Sass Subdivision 1,121.81 Abigail Martin South 1/4 of Lot 4, Sass Subdivision 1,121.81 Thomas & Margo Galles Lot 25, Sass Second Subdivision 1,796.89 Thomas & Margo Galles Lot 26, Sass Second Subdivision 2,243.63 Lawrence & Sondra Fry Lot 27, Sass Second Subdivision 3,057.71 Hall County Housing Authority Lot 28, Sass Second Subdivision 3,057.71 Donald & Sharon Tracy Lot 29, Sass Second Subdivision 3,057.71 Kenneth & Barbara Spiehs Lot 30, Sass Second Subdivision 3,057.71 Ricky & Mary Jayne Schroeder Lot 31, Sass Second Subdivision 3,057.71 Patrick & Rana Nolan Lot 32, Sass Second Subdivision 3,057.71 Harold & Maxine Skarka, Trustees Lot 33, Sass Second Subdivision 3,057.71 Jeffrey & Brenda Thompson Lot 34, Sass Second Subdivision 3,057.71 Larry & Lynnette Chitty Lot 35, Sass Second Subdivision 3,057.71 Alice M. Gulzow Lot 36, Sass Second Subdivision 3,057.71 Todd & Deborah Kober Lot 1, Dahlke Subdivision 3,103.73 Gordon & Mildred Dahlke Lot 2, Dahlke Subdivision 3,320.33 Lloyd & Alice Gloyne Lot 3, Dahlke Subdivision 4,044.58 Secretary of Housing & Urban Development South 277 feet of North 310 feet of Lot 18, Sass Subdivision 1,528.85 Secretary of Housing & Urban Development South 277 feet of North 310 feet of Lot 19, Sass Subdivision 1,528.85 RESOLUTION 2003-BE-18 - 3 - Gary & Susan Huffer South 277 feet of North 310 feet of Lot 20, Sass Subdivision 1,528.85 Gary & Susan Huffer South 277 feet of North 310 feet of E1/2 of Lot 21, Sass Subdivision 1,171.47 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 18, Sass Subdivision 1,794.62 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 19, Sass Subdivision 407.04 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 20, Sass Subdivision 407.04 James F.A. Colgan South 102.5 feet of North 412.5 feet of E1/2 of Lot 21, Sass Subdivision 407.04 Jacob & Patricia Bauer Lots 9 and 11, Windolphs Subdivision 2,657.00 City of Grand Island Lot 1, Industrial Addition 6,095.49 City of Grand Island Lot 2, Industrial Addition 6,095.49 Midland Ag Service Inc. Part of NE1/4 of NE1/4 of Section 14-11-9, 316.8 feet by 295.17 feet 9,173.12 Melva Rae Briseno Part of NE1/4 of NE1/4 of Section 14-11-9, 295.17 feet by 295.17 feet 5,623.98 Midland Ag Service Inc. Part of NE1/4 of NE1/4 of Section 14-11-9, 674.03 feet by 295.17 feet 18,893.45 TOTAL $193,534.57 _ _ _ Adopted by the City Council of the City of Grand Island, Nebraska, on October 28, 2003. ____________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Changes to the Grand Island Zoning Map for Property Proposed for Platting as Grand Island Mall 14th Subdivision Gerald Jacobsen, as the owner is requesting a change of zoning for property located south of Capital Avenue and west of Webb Road. This application proposes to change the zoning from CD Commercial Development to an amended CD Commercial Development. This change is in conformance with the Grand Island Comprehensive Plan. The Regional Planning Commission at their regular meeting held October 1, 2003 unanimously voted to approve and recommend the Grand Island City Council approve this amendment to the Grand Island Zoning Map. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council October 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council 100 E. 1st Street Grand Island NE 68801 Dear Mayor and Members of the Council: RE: An amendment to the Zoning Map for properties located South of Capital Avenue, and We st of Webb Road, Grand Island, Nebraska. (C-1-2004GI) At the regular meeting of the Regional Planning Commission, held October 1, 2003 the above item was considered following a public hearing. This application proposes to rezone property located at 2276 North Webb Road from CD Commercial Development to an Amended CD Commercial Development Zone. Nobody from the public spoke against this item. Following further discussion a motion was made by Hayes 2nd by Ruge to approve and recommend that the City of Grand Island approve this amendment to the Grand Island Zoning Map. A roll call vote was taken and the motion passed with 10 members present voting in favor (Amick, Haskins, Lechner, O’Neill, Hooker, Eriksen, Miller, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Public Works Director of Utilities Director of Building Inspections Manager of Postal Operations Rockwell & Associates Agenda Item #4 & #5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: August 18, 2003 SUBJECT: Change of Zoning for property proposed for platting as Grand Island Mall Fourteenth Subdivision, located South of Capital Avenue, and West of Webb Road, from CD Commercial Development to Amended CD Commercial Development. (Hearing, Discussion, Action) (C-1-2004GI) PROPOSAL: This proposed development would move the building envelope and increase the size of the proposed building on this lot from 5800 square feet to a 10,800 square foot building as shown below. OVERVIEW: Site Analysis Current zoning designation: CD-Commercial Development Zone with a 5800 square foot building as shown. Permitted and conditional uses: Comprehensive Plan Designation: Commercial development Existing land uses. Vacant Adjacent Properties Analysis Current zoning designations: North: B1-Light Business Zone, South, East and West, CD Commercial Development Zone Permitted and conditional uses: CD – Commercial office and retail uses. B1- Commercial and retail uses that do not include outside storage or display of merchandise, office uses and residential uses up to a density of 43 units per acre. Comprehensive Plan Designation: North, South, East and West: Designated for commercial development and uses. Existing land uses: North: Skate Island East: Burger King West: Grand Island Mall. South: Parking for GI Mall EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. · Is infill development. This development is using property that is within the existing functional and legal boundaries of the City of Grand Island. This lot has be platted for several years without developing. · Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Water is available either in Webb Road from the public main or from the private main supplying the Grand Island Mall either source is acceptable to the city. Sewer is adjacent to the property. · Monetary Benefit to Applicant: Would allow the applicant to develop and sell this property. Negative Implications: · None foreseen Other Considerations Commercial development zones allow up to 30% of the property within the CD zone to be covered with buildings. The proposed plan covers 10,800 square feet of a 38,158 square foot lot. They could cover up to 11,447 feet. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council approve the amended CD zoning district and final development plan as shown on the final plat for Grand Island Mall 14th Subdivision. ___________________ Chad Nabity AICP, Planning Director Item E2 Public Hearing on Annexation of Property Proposed for Platting as Smith Acres Subdivision, Located North of Capital Avenue and West of Saint Paul Road Public Hearing concerning annexation of property being platted as Smith Acres Subdivision an addition to the City of Grand Island. The property is located in the E 1/2 W 1/4 SE 1/4 Section 4, Township 11, Range 9. The Regional Planning Commission at their meeting of October 1, 2003, unanimously voted to approve and recommend the city council approve this annexation. It is appropriate to solicit public comment. The action item is contained under Ordinances Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council ChadN 10/24/2003 2380.doc Last printed 10/24/2003 9:30 AM Page 1 October 6, 2003 Honorable Ken Gnadt, Mayor And Members of the Council City Hall Grand Island, NE 68801 Dear Mayor and Members of the Council: RE: Annexation of Property Being Platted as Smith Acres Subdivision, located North of Capital Avenue and West of Saint Paul Road. At the regular meeting of the Regional Planning Commission, held October 1, 2003, the above item was considered following a public hearing. The above item is to Annex the property that is being platted as Smith Acres, located in the E ½ W ¼ SE ¼ of Section 4, Township 11, Range 9. This annexation will have no effect on the 2 mile extraterritorial jurisdiction exercised by the City Of Grand Island. City services are available to this property. No members of the public spoke in opposition of this item. No members of the public spoke in favor of this item. Following further discussion a motion was made by Haskins and 2nd by O’Neill to approve and recommend the City of Grand Island recommend this annexation. A roll call vote was taken and the motion passed by a unanimous vote of the 10 members present (Amick, Haskins, Lechner, O’Neill, Hooker, Eriksen, Miller, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: Director of Building Inspections City Attorney Director of Utilities Director of Public Works Manager of Postal Operations Benjamin & Associates Applicant ChadN 10/24/2003 2380.doc Last printed 10/24/2003 9:30 AM Page 2 Item E3 Public Hearing on Acquisition of Public Utility Easement Located at 5018 Antelope Drive in Wildwood Subdivision (ROBCO, LLC) Background ROBCO, LLC is the owner of Lot’s 1, 2 and 3 in Wildwood Subdivision located at 5018 Antelope Drive. The owner has requested that the city vacate a public utility easement to allow for their use of the area. In turn they will grant a public utility easement in another area of their property. Council action is necessary for the City of Grand Island to vacate and acquire public easements. Discussion The owner wishes to construct an addition to an existing building and needs to have the public easement vacated to facilitate their construction plans. Accordingly, it is now time for Council approval of the easement acquisition, as well as authorizing the vacation of the existing easement. Recommendation Conduct Public Hearing and approve both the easement vacation by Ordinance and easement acquisition by Resolution. Financial Implications None Alternatives Deny this request. This would result in no easement vacation or easement acquisition and would curtail ROBCO’s construction plans. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Item F1 #8853 - Consideration of Assessments for Sanitary Sewer District No. 500, South of Seedling Mile Road & west of Shady Bend Road Background The Certificate of Final Completion for Sanitary Sewer District No. 500 was approved on August 26, 2003 with September 23, 2003 set as the date for Council to sit as the Board of Equalization. Due to some concerns regarding assessments on 3 properties, the Board of Equalization for this district was not held on September 23, 2003. These concerns have now been addressed and the Board of Equalization rescheduled for October 28, 2003. Discussion The contract for Sanitary Sewer District 500 was awarded to The Starostka Group Company of Grand Island, Nebraska on June 11, 2002; work commenced on August 5, 2002 and was completed on November 25, 2002. This project was completed on schedule and at a construction price of $151,201.34. Total cost of the project, including contract administration is $195,379.27. Costs for the project break down as follows: Original Bid $ 150,861.31 Underruns ($ 1,891.97) Change Order No 1 $ 2,232.00 Engineering $ 15,120.13 Easements $ 23,658.91 Publication, T.V. Inspection, etc. $ 5,398.89 Total Cost $ 195,379.27 Original Estimate at time of District Creation was $366,609.14. Recommendation Meet as the Board of Equalization to determine the benefits and pass Ordinance to levy the costs to the properties adjacent to the project. Financial Implications Cost shall be assessed against the properties adjacent to the project. Alternatives None. Levying Assessments will allow the City to recover the majority of District costs. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8853 An ordinance assessing and leyving a special tax to pay the cost of construction of Sanitary Sewer District No. 500 of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of construction of said sanitary sewer main in said Sanitary Sewer District No. 500, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Name Description Assessment George & Connie Solt North 1/4 of Lot 1, Sass Subdivision 953.42 George & Connie Solt North 1/4 of Lot 2, Sass Subdivision 1,185.65 * This Space Reserved for Register of Deeds * ORDINANCE NO. 8853 (Cont.) - 2 - Heather J. O'Hara North 1/4 of Lot 3, Sass Subdivision 1,528.85 Heather J. O'Hara North 1/4 of Lot 4, Sass Subdivision 1,528.85 Curtis & Pamela Hirschkorn North 1/4 of Lot 5, Sass Subdivision 1,528.85 Curtis & Pamela Hirschkorn North 1/4 of Lot 6, Sass Subdivision 1,528.85 Timothy Walt Lemons North 1/4 of Lot 13, Sass Subdivision 1,528.85 Timothy Walt Lemons North 1/4 of Lot 14, Sass Subdivision 1,528.85 Lenora M. Roebuck North 1/4 of Lot 15, Sass Subdivision 1,528.85 Lenora M. Roebuck North 1/4 of Lot 16, Sass Subdivision 1,528.85 Dale & Leota Davis Lot 1, Sass Second Subdivision 2,371.31 Alma M. Goins Lot 2, Sass Second Subdivision 2,371.31 Monte & Sheryl Perkins Lot 3, Sass Second Subdivision 3,057.71 William & Tina Paulsen Lot 4, Sass Second Subdivision 3,057.71 Timothy & Vicki Bartels Lot 5, Sass Second Subdivision 3,057.71 Monte & Sheryl Perkins Lot 6, Sass Second Subdivision 3,057.71 Herbert & Lora Heusel Lot 7, Sass Second Subdivision 3,057.71 Herbert & Lora Heusel Lot 8, Sass Second Subdivision 3,057.71 Vay & Monte Moser Lot 9, Sass Second Subdivision 3,057.71 Walter & Evelyn Meinecke Lot 10, Sass Second Subdivision 4,040.52 Walter & Evelyn Meinecke Lot 11, Sass Second Subdivision 2,821.88 Walter & Evelyn Meinecke Lot 12, Sass Second Subdivision 3,024.13 James H. Webb Lot 13, Sass Second Subdivision 3,057.71 Jerry & Linell Schultz Lot 14, Sass Second Subdivision 3,057.71 Steven & Sheryl Shelton Lot 15, Sass Second Subdivision 3,057.71 William & Cheryl Carstens Lot 16, Sass Second Subdivision 3,057.71 Charles & Hazel Struble Lot 17, Sass Second Subdivision 3,057.71 Charles & Hazel Struble Lot 18, Sass Second Subdivision 3,057.71 Kevin & Kimberly Knight Lot 19, Sass Second Subdivision 3,057.71 Bradley & Teresa Fish Lot 20, Sass Second Subdivision 3,057.71 Dean & Kay Schuchman Lot 21, Sass Second Subdivision 3,057.71 Brian & Heather Fox Lot 22, Sass Second Subdivision 3,057.71 Brian & Sara Jelinek Lot 23, Sass Second Subdivision 3,057.71 Bonnie G. Springsguth West 100 feet of Lot 24, Sass Second Subdivision 2,981.90 Abigail Martin East 5.6 feet of Lot 24, Sass Second Subdivision 75.81 Abigail Martin South 1/4 of Lot 1, Sass Subdivision 675.08 Abigail Martin South 1/4 of Lot 2, Sass Subdivision 1,121.81 ORDINANCE NO. 8853 (Cont.) - 3 - Abigail Martin South 1/4 of Lot 3, Sass Subdivision 1,121.81 Abigail Martin South 1/4 of Lot 4, Sass Subdivision 1,121.81 Thomas & Margo Galles Lot 25, Sass Second Subdivision 1,796.89 Thomas & Margo Galles Lot 26, Sass Second Subdivision 2,243.63 Lawrence & Sondra Fry Lot 27, Sass Second Subdivision 3,057.71 Hall County Housing Authority Lot 28, Sass Second Subdivision 3,057.71 Donald & Sharon Tracy Lot 29, Sass Second Subdivision 3,057.71 Kenneth & Barbara Spiehs Lot 30, Sass Second Subdivision 3,057.71 Ricky & Mary Jayne Schroeder Lot 31, Sass Second Subdivision 3,057.71 Patrick & Rana Nolan Lot 32, Sass Second Subdivision 3,057.71 Harold & Maxine Skarka, Trustees Lot 33, Sass Second Subdivision 3,057.71 Jeffrey & Brenda Thompson Lot 34, Sass Second Subdivision 3,057.71 Larry & Lynnette Chitty Lot 35, Sass Second Subdivision 3,057.71 Alice M. Gulzow Lot 36, Sass Second Subdivision 3,057.71 Todd & Deborah Kober Lot 1, Dahlke Subdivision 3,103.73 Gordon & Mildred Dahlke Lot 2, Dahlke Subdivision 3,320.33 Lloyd & Alice Gloyne Lot 3, Dahlke Subdivision 4,044.58 Secretary of Housing & Urban Development South 277 feet of North 310 feet of Lot 18, Sass Subdivision 1,528.85 Secretary of Housing & Urban Development South 277 feet of North 310 feet of Lot 19, Sass Subdivision 1,528.85 Gary & Susan Huffer South 277 feet of North 310 feet of Lot 20, Sass Subdivision 1,528.85 Gary & Susan Huffer South 277 feet of North 310 feet of E1/2 of Lot 21, Sass Subdivision 1,171.47 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 18, Sass Subdivision 1,794.62 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 19, Sass Subdivision 407.04 James F.A. Colgan South 102.5 feet of North 412.5 feet of Lot 20, Sass Subdivision 407.04 James F.A. Colgan South 102.5 feet of North 412.5 feet of E1/2 of Lot 21, Sass Subdivision 407.04 Jacob & Patricia Bauer Lots 9 and 11, Windolphs Subdivision 2,657.00 City of Grand Island Lot 1, Industrial Addition 6,095.49 City of Grand Island Lot 2, Industrial Addition 6,095.49 Midland Ag Service Inc. Part of NE1/4 of NE1/4 of Section 14-11-9, 316.8 feet by 295.17 feet 9,173.12 Melva Rae Briseno Part of NE1/4 of NE1/4 of Section 14-11-9, 295.17 feet 5,623.98 ORDINANCE NO. 8853 (Cont.) - 4 - by 295.17 feet Midland Ag Service Inc. Part of NE1/4 of NE1/4 of Section 14-11-9, 674.03 feet by 295.17 feet 18,893.45 TOTAL $193,534.57 SECTION 2. The special tax shall become delinquent as follows: One-tenth of the total amount shall become delinquent in fifty days; one-tenth in one year; one-tenth in two years; one-tenth in three years; one-tenth in four years; one-tenth in five years; one-tenth in six years; one-tenth in seven years; one-tenth in eight years; and one-tenth in nine years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within fifty days from the date of this levy without interest, and the lien of special tax thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate of fourteen percent (14.0%) per annum shall be paid thereof, until the same is collected and paid. SECTION 3. The assessments for Mid land Ag Services, Inc. have been deferred in accordance with City of Grand Island Resolution 2002-324 approved on October 8, 2002, and shall not accrue interest until terminated in accordance with Neb. Rev. Stat. §§19-2428-19-2431. SECTION 4. The treasurer of the City of Grand Island, Nebraska, is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Such special assessments shall be paid into a fund to be designated as the “Sewer Extension Fund” for Sanitary Sewer District No. 500. ORDINANCE NO. 8853 (Cont.) - 5 - SECTION 6. Any provision of the Grand Island City Code, and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 7. This ordinance shall be in force and take effect from and after its passage and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8858 - Consideration of Creation of Water Extension District 445 - Kentish Hills Subdivision Background: The City has received a petition from the property owners within Kentish Hills Subdivision requesting water service. Eighteen of 25 property owners along Hampton Road, Chelsea Pl., Dover Ct., Avon Ave., Rochdale Cir., and Gladstone Cir. have signed. Extension of City service to these properties will provide a safe alternative to the recent discovery of ground water contamination in their private wells. Discussion: It is planned to construction a 6” main into the area from the trunk-line main in North Road. The work would be done as an assessment district. This is the Department’s standard method for installing water mains to neighborhoods requesting City service. All eligible costs would normally be charged to the property owners within the district. But at the special Council Meeting of October 21, 2003, the Council approved the agreement with CNH for CNH to pay the cost of this district. At the completion of the project, the assessments will be set at $0.00. Recommendation: We have compared the names on the petition vs. the recorded ownerships. These signatures represent 72.13% of the total front footage within the District. The appropriate information relative to the boundary’s description and plat has been sent to the Legal Department. It is recommended Ordnance No. 8858, for creation of Water Main District 445, be submitted to the City Council at the October 28, 2003 meeting. Attached is a map showing the District’s boundary and those properties requesting City water. Fiscal Effects: Sufficient funds are available in the FY 03-04 budget from Water Enterprise Fund 525 to cash flow the project. CNH will be billed as the contractor billings are received by the Utilities Department. Alternatives: Do not extend City water service to the area. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Water Extension District 445 Boundary Description Ordinance No. 8858 ..... 6” water main and appurtenances .... in part of Kentish Hills Subdivision and part of Blair Subdivision, in the City of Grand Island, Hall County, Nebraska ..... Beginning at the northeast corner of Blair Subdivision, in the City of Grand Island, Hall County, Nebraska; thence southerly along the easterly line of said Blair Subdivision and the easterly line of Kentish Hills Subdivision, a distance of nine hundred eighty-nine and forty-three hundredths (989.43) feet to the southeast corner of said Kentish Hills Subdivision; thence westerly along the southerly line of said Kentish Hills Subdivision, a distance of six hundred sixty-four and thirty-two hundredths (664.32) feet to the southwest corner of lot nine (9) said Kentish Hills Subdivision; thence northerly along the westerly line of lot nine (9) said Kentish Hills Subdivision, a distance of one hundred (100.0) feet to the northwest corner of lot nine (9) said Kentish Hills Subdivision; thence westerly along the southerly line of said Kentish Hills Subdivision, a distance of four hundred fifty-three and four tenths (453.4) feet to the southeast corner of lot one (1) said Kentish Hills Subdivision; thence northerly along the easterly line of lot one (1) and lot two (2) said Kentish Hills Subdivision, a distance of two hundred fifty (250.0) feet to the northeast corner of lot two (2) said Kentish Hills Subdivision; thence westerly along the northerly line of lot two (2) said Kentish Hills Subdivision and its extension, a distance of two hundred forty (240.0) feet to a point on the westerly right-of-way line of North Road; thence northerly along the westerly right-of-way line of said North Road, a distance of sixty (60.0) feet; thence easterly along the southerly line of lot twenty-eight (28) said Kentish Hills Subdivision and its extension, a distance of two hundred forty (240.0) feet to the southeast corner of lot twenty-eight (28) said Kentish Hills Subdivision; thence northerly along the easterly line of lot twenty-eight (28) and lot twenty-nine (29) said Kentish Hills Subdivision, a distance of two hundred fifty (250.0) feet to the northeast corner of lot twenty-nine (29) said Kentish Hills Subdivision, said point also being on the southerly line of lot two (2) said Blair Subdivision; thence easterly along the southerly line of lot two (2) said Blair Subdivision, a distance of one hundred thirty-nine and ninety-six hundredths (139.96) feet to the southeast corner of lot two (2) said Blair S ubdivision; thence northerly along the easterly line of lot two (2) and lot one (1) said Blair S ubdivision, a distance of two hundred eighty and twenty-one hundredths (280.21) feet to the northeast corner of lot one (1) said Blair Subdivision; thence westerly along the northerly line of lot one (1) said Blair Subdivision, a distance of three hundred (300.0) feet to the northwest corner of lot one (1) said Blair Subdivision, said point also being a southwest corner of lot three (3) said Blair Subdivision; thence northerly along the westerly line of lot three (3) said Blair S ubdivision, a distance of fifty (50.0) feet to the northwest corner of lot three (3) said Blair Subdivision; thence easterly along the northerly line of lot three (3) said Blair Subdivision, a distance of one thousand two hundred sixty-eight and forty-nine hundredths (1,268.49) feet to the said point of beginning . Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8858 An ordinance creating Water Extension District No. 445 in the City of Grand Island, Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water mains in said district; approving plans and specifications and securing bids; assessing the cost of such improvements; providing for certification to the Register of Deeds; and providing the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. A petition has been signed by owners representing more than two- thirds of the front footage abutting on the streets, avenues or alleys of this water district to request the creation of a water extension district pursuant to Neb. Rev. Stat. §19-2402(2). SECTION 2. Water Extension District No. 445 in the City of Grand Island, Nebraska, is hereby created for the laying of six (6.0) inch diameter water mains with its appurtenances in Kentish Hills Subdivision and Blair Subdivision in the City of Grand Island, Hall County, Nebraska. ? This Space Reserved for Register of Deeds ? ORDINANCE NO. 8858 (Cont.) - 2 - SECTION 3. The boundaries of such water extension district shall be more particularly described as follows: Beginning at the northeast corner of Blair Subdivision, in the City of Grand Island, Hall County, Nebraska; thence southerly along the easterly line of said Blair Subdivision and the easterly line of Kentish Hills Subdivision, a distance of nine hundred eighty-nine and forty-three hundredths (989.43) feet to the southeast corner of said Kentish Hills Subdivision; thence westerly along the southerly line of said Kentish Hills Subdivision, a distance of six hundred sixty-four and thirty- two hundredths (664.32) feet to the southwest corner of lot nine (9) said Kentish Hills Subdivision; thence northerly along the westerly line of lot nine (9) said Kentish Hills Subdivision, a distance of one hundred (100.0) feet to the northwest corner of lot nine (9) said Kentish Hills Subdivision; thence westerly along the southerly line of said Kentish Hills Subdivision, a distance of four hundred fifty- three and four tenths (453.4) feet to the southeast corner of lot one (1) said Kentish Hills Subdivision; thence northerly along the easterly line of lot one (1) and lot two (2) said Kentish Hills Subdivision, a distance of two hundred fifty (250.0) feet to the northeast corner of lot two (2) said Kentish Hills Subdivision; thence westerly along the northerly line of lot two (2) said Kentish Hills Subdivision and its extension, a distance of two hundred forty (240.0) feet to a point on the westerly right-of-way line of North Road; thence northerly along the westerly right-of-way line of said North Road, a distance of sixty (60.0) feet; thence easterly along the southerly line of lot twenty-eight (28) said Kentish Hills Subdivision and its extension, a distance of two hundred forty (240.0) feet to the southeast corner of lot twenty-eight (28) said Kentish Hills Subdivision; thence northerly along the easterly line of lot twenty-eight (28) and lot twenty-nine (29) said Kentish Hills Subdivision, a distance of two hundred fifty (250.0) feet to the northeast corner of lot twenty-nine (29) said Kentish Hills Subdivision, said point also being on the southerly line of lot two (2) said Blair Subdivision; thence easterly along the southerly line of lot two (2) said Blair Subdivision, a distance of one hundred thirty-nine and ninety-six hundredths (139.96) feet to the southeast corner of lot two (2) said Blair Subdivision; thence northerly along the easterly line of lot two (2) and lot one (1) said Blair Subdivision, a distance of two hundred eighty and twenty-one hundredths (280.21) feet to the northeast corner of lot one (1) said Blair Subdivision; thence westerly along the northerly line of lot one (1) said Blair Subdivision, a distance of three hundred (300.0) feet to the northwest corner of lot one (1) said Blair Subdivision, said point also being a southwest corner of lot three (3) said Blair Subdivision; thence northerly along the westerly line of lot three (3) said Blair Subdivision, a distance of fifty (50.0) feet to the northwest corner of lot three (3) said Blair Subdivision; thence easterly along the northerly line of lot three (3) said Blair Subdivision, a distance of one thousand two hundred sixty-eight and forty-nine hundredths (1,268.49) feet to the said point of beginning, as shown on the plat dated October 14, 2003, attached hereto and incorporated herein by this reference. ORDINANCE NO. 8858 (Cont.) - 3 - SECTION 4. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City, who shall estimate the cost thereof. The estimate of the total cost of the proposed utility extension is on file with the City Clerk. Bids for the construction of said water main shall be taken and contracts entered into in the manner provided by law. SECTION 5. 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 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand Island Independent. SECTION 7. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 8. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, without the plat, as provided by law. Enacted October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #8859 - Consideration of Vacation of Easement Located at 5018 Antelope Drive (Wildwood Subdivision) Background ROBCO, LLC is the owner of Lot’s 1, 2 and 3 in Wildwood Subdivision located at 5018 Antelope Drive. The owner has requested that the city vacate a public utility easement to allow for their use of the area. In turn they will grant a public utility easement in another area of their property. Council action is necessary for the City of Grand Island to vacate and acquire public easements. Discussion The owner wishes to construct an addition to an existing building and needs to have the public easement vacated to facilitate their construction plans. Accordingly, it is now time for Council approval of the easement acquisition, as well as authorizing the vacation of the existing easement. Recommendation Approve the Ordinance for vacation of the easement. Financial Implications None Alternatives Deny this request. This would result in no easement vacation or easement acquisition and would curtail ROBCO’s construction plans. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8859 An ordinance to vacate existing easements located in Wildwood Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing easement located in a part of Lots One (1), Two (2), and Three (3), Wildwood Subdivision in the city of Grand Island, Hall County, Nebraska, more particularly described as follows, and shaded and identified on Exhibit "A" dated October 6, 2003, attached hereto and incorporated herein by reference, is hereby vacated: The sout h Eight (8.0) feet of Lot One (1) Wildwood Subdivision, the south Eight (8.0) feet of the east One Hundred Thirty Five (135.0) feet of Lot Two (2) Wildwood Subdivision, and the north Eight (8.0) feet of the east Three Hundred Thirty Five (335.0) feet of Lo t Three (3) Wildwood Subdivision. * This Space Reserved for Register of Deeds * ORDINANCE NO. 8859 (Cont.) - 2 - Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate abutting the same in proportion to the respective ownership of such real estate. SECTION 3. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the drawing, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #8860 - Consideration of Creation Street Improvement District No. 1250 - Edna Drive from North Road to Mable Drive Background 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. A petition was received from 5 residents of Edna Drive on October 6, 2003 requesting the creation of a Street Improvement District. The residents requested asphalt paving construction. If the District passes the protest period, the City will bid, construct and levy special assessments for this work. Special assessments would be levied to each property in the district. Discussion Edna Drive which is located off of North Road is still gravel. The residents have requested the construction of an asphalt roadway in lieu of a concrete curb and gutter street. A Resolution (approved by Council on April 20, 1992) allows gravel roads to be hard paved without curb and gutter if the segment of road is surrounded by unpaved roads, or paved roads without curb, gutter and storm sewer. Edna Drive meets the conditions of this Resolution since North Road is an asphalt roadway without curb and gutter and Mabel Drive is still gravel. The asphalt roadway in this district would be 24 feet wide. Recommendation Approve creation of the Street Improvement District. A ten (10) year assessment period is recommended. Fiscal Impacts Minimal, the majority of the costs will be assessed to the benefiting properties. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8860 An ordinance to create Street Improvement District No. 1250; to define the boundaries of the district; to provide for the improvement of a street within the district by asphalting, grading, storm drainage, and other incidential work in connection therewith; to provide for the filing of this ordinance with the Hall County Register of Deeds; and to provide the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Street Improvement District No. 1250 in the City of Grand Island, Nebraska, is hereby created. SECTION 2. The boundaries of the district shall be as follows: Beginning at the northwest corner of Gosda Subdivision; thence east along the north line of Gosda Subdivision and the extension thereof to a point Thirty Three (33.0) feet east of the northeast corner of Gosda Subdivision; thence south on a line Thirty Three (33.0) feet east of and parallel to the east line of Gosda Subdivision to a point Sixty Six (66.0) feet east of the southeast corner of Lot One (1), Block One (1), Gosda Subdivision and the extension of the south line of said Lot One (1); thence west on the extension of the south line of Lot One (1), Block One (1), Gosda Subdivision and the south line of Lots One (1), Two (2), Three · This Space Reserved for Register of Deeds · ORDINANCE NO. 8860 (Cont.) - 2 - (3), Four (4), Five (5), Six (6), Seven (7), and Eight (8) and the extension of the south line of Lot Eight (8), Block One (1) to the west line of Gosda Subdivision; thence north on the west line of Gosda Subdivision to the point of beginning, all as shown on the plat dated October 2, 2000, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. The following street in the district shall be improved by grading, asphalting and other incidental work in connection therewith: Edna Drive from Mabel Road to North Road, 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 ordina nce, with the plat, is hereby directed to be filed in the office of the Register of Deeds, Hall County, Nebraska. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, as provided by law. SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 8860 (Cont.) - 3 - Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F5 #8861 - Consideration of Creation Street Improvement District No. 1251 - Grand West Fourth Subdivision (Craig Drive, Morrison Drive, Carol Street) west of North Road & north of 13th Street Background 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. If the District passes the protest period, the City will bid, construct and levy special assessments for this work. Special assessments would be levied to each property in the district. Discussion Steve Craig, the developer of Grand West Fourth Subdivision has requested the creation of the Paving District. Mr. Craig will be responsible for the installation of public water mains and public sanitary sewer lines in the subdivision prior to the street construction. The roadway would be 37' wide concrete with storm sewer. Recommendation 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. Fiscal Impacts Minimal, the majority of the costs will be assessed to the benefiting properties. Alternatives Deny the creation of the district. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8861 An ordinance to create Street Improvement District No. 1251; 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. 1251 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 Fifteen (15), Grand West Fourth Subdivision; thence north on the west line of Lot Fifteen (15) and a prolongation thereof to the north line of Craig Drive; thence west on the north line of Craig Drive to the southwest corner of Lot Sixteen (16) Grand West Fourth Subdivision; thence north on the west line of said Lot Sixteen (16) to the northwest corner of Lot Sixteen (16) Grand West Fourth Subdivision; thence east on the north line of Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19) and a prolongation thereof to the east line of Morrison Drive; thence south on the east · This Space Reserved for Register of Deeds · ORDINANCE NO. 8861 (Cont.) - 2 - line of Morrison Drive to the northwest corner of Lot Twenty (20) Grand West Fourth Subdivision; thence east on the north line of Lots Twenty (20), Twenty One (21), Twenty Two (22), Twenty Three (23), Twenty Four (24), Twenty Five (25), Twenty Six (26), and Twenty Seven (27) to the northeast corner of Lot Twenty Seven (27) Grand West Fourth Subdivision; thence south on the east line of Lot Twenty Seven (27) Grand West Fourth Subdivision to the north line of Craig Drive; thence east on the north line of Craig Drive and a prolongation thereof to the east line of North Road; thence south on the east line of North Road to a point where a prolongation of the south line of Grand West Fourth Subdivision intersects; thence west on the south line of Grand West Fourth Subdivision and a prolongation thereof to the point of beginning, as shown on the plat dated October 21, 2003, marked Exhibit 'A", 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: Craig Drive between North Road and Mansfield Road, and Carol Street from Craig Drive to one-half block south of Craig Drive, and Morrison Drive from Craig Drive to one-half block north of Craig Drive, all in Grand West Fourth Subdivision in the City of Grand Island, Hall County, Nebraska. Said improvements shall be made in accordance with plans and specifications approved by the Engineer for the City of Grand Island. 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. ORDINANCE NO. 8861 (Cont.) - 3 - SECTION 7. After passage, approval and publication of this ordinance, without the plat, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F6 #8862 - Consideration of Creation of Sanitary Sewer District No. 512 - Marylane, Kentish Hills and Bradley Subdivisions Background Council action is needed to create a sanitary sewer district. If created, a notice will be mailed to all affected property owners and a 30-day protest period allowed. Discussion A petition was received from area residents requesting the creation of the District. This is the same area that is currently experiencing water contamination problems. Public Works staff has been working on design of this sanitary sewer district. Recommendation Approve creation of the District. A ten (10) year assessment period is recommended. Financial Implications Minimal. The majority of the costs will be assessed to the benefiting properties. Alternatives Deny the creation of the District. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8862 An ordinance creating Sanitary Sewer District No. 512 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 512 is hereby created for the construction of eight (8.0) inch and ten (10.0) inch sanitary sewer mains and appurtenances thereto in Marylane Subdivision, Kentish Hills Subdivision, and a part of the Southwest Quarter of the Southwest Quarter (SW1/4, SW1/4) of Section Twenty Five (25), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., all in the city of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: ? This Space Reserved for Register of Deeds ? ORDINANCE NO. 8862 (Cont.) - 2 - Beginning at a point Forty (40.0) feet west of the northwest corner of Lot Twenty Nine (29) Kentish Hills Subdivision, said point also being the northwest corner of Kentish Hills Subdivision; thence east on the north line of Kentish Hills Subdivision to the northeast corner of Kentish Hills Subdivision; thence south on the east line of Kentish Hills Subdivision to the north line of Hampton Road; thence east on a prolongation of the north line of Hampton Road for a distance of Two Hundred (200.0) feet; thence south on a line Two Hundred (200.0) feet east of and parallel to a line being common to the east line of Kentish Hills Subdivision, Marylane Subdivision, and the east line of the SW1/4, SW1/4, of Section 25-11-10 to a point Forty (40.0) feet south of the south line of Section 25- 11-10 said line also being the south line of Husker Highway; thence west on the south line of Husker Highway for a distance of Four Hundred (400.0) feet; thence north on a line Two Hundred (200.0) feet west of and parallel to the east line of the SW1/4, SW1/4 of Section 25-11-10 to the south line of Marylane Subdivision; thence west on the south line of Marylane Subdivision to the southwest corner of Marylane Subdivision; thence north on the west line of Marylane Subdivision, Bradley Subdivision, and Kentish Hills Subdivision to the point of beginning, all as shown on the plat dated October 17, 2003, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvements shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer district shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main has been constructed, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained as provided by law; and such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the purpose of paying the cost of such sewer in such district; and such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and ORDINANCE NO. 8862 (Cont.) - 3 - Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of sanitary sewer shall be paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F7 #8863 - Consideration of Annexation of Property Being Platted as Smith Acres Subdivision, Located North of Capital Avenue and West of Saint Paul Road This item relates to the aforementioned Public Hearing. Annexation of property being platted as Smith Acres Subdivision an addition to the City of Grand Island. The property is located in the E 1/2 W 1/2 SE 1/4 4-11-9. The Regional Planning Commission at their meeting of October 1, 2003, unanimously voted to approve and recommend the city council approve this annexation. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8863 An ordinance to annex Smith Acres Subdivision into the City of Grand Island; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, Helen C. Smith, a widow, as owner, has caused to be laid out into a lot, a tract of land comprising a part of the West One-Half of the south thirty (30.0) acres of the East Half of the West Half of the Southeast Quarter (E1/2, W1/2, SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, under the name of SMITH ACRES SUBDIVISION, which is proposed to be an addition to the City of Grand Island; and WHEREAS, after public hearing on October 1, 2003, the Regional Planning Commission recommended the approval of annexing such addition into the City of Grand Island; and WHEREAS, after public hearing on October 28, 2003, the City Council found and determined that such annexation be approved; and * This Space Reserved for Register of Deeds * ORDINANCE NO. 8863 (Cont.) - 2 - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That Smith Acres Subdivision is hereby annexed into the City of Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to all the laws, ordinances, rules, and regulations of the City of Grand Island SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F8 #8864 - Consideration of Change of Land Use Designation for Property Proposed for Platting as Grand Island Mall 14th Subdivision This item relates to the aforementioned Public Hearing. Gerald Jacobsen, has submitted a request to rezone approximately .876 acres of land located south of Capital Avenue and west of Webb Road from CD Commercial Development to an amended CD Commercial Development. The purpose of the request to rezone the property to allow a larger size building to be built on this lot. The Regional Planning Commission, at their meeting of October 1, 2003, voted unanimously to approve the request. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approv ed as to Form ¤ ___________ October 23, 2003 ¤ City Attorney ORDINANCE NO. 8864 An ordinance to amend the Final Development Plan for the Commercial Development Zone located south of Capital Avenue and west of Webb Road within the zoning jurisdiction of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on October 1, 2003, held a public hearing and made a recommendation on the proposed final development plan for Grand Island Mall Fourteenth Subdivision; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of School Districts in Hall County, Nebraska; and WHEREAS, after public hearing on October 28, 2003, the City Council found and determined that the change in the final development plan will continue the future successful functioning of the commercial development of the subdivision, and determined that such final development plan within the Commercial Development Zone be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The existing platted Final Development Plan for the CD- Commercial Development Zone comprising all of Lot Two (2) Grand Island Mall Eleventh Subdivision in the city of Grand Island, Hall County, Nebraska is hereby amended to allow an increase in size to the proposed building on this property. SECTION 2. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 8864 (Cont.) - 2 - Enacted: October 28, 2003. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Civil Service Minutes of September 24, 2003 Receipt of Official Document - Civil Service Minutes of September 24, 2003. See attached MINUTES. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council City Of HR Department GRAND ISLAND Working Together for a Better Tomorrow. Today. MINUTES CIVIL SERVICE COMMISSION September 24, 2003 Roll Call: Members Present: Burns, Leeper, Hilligas Members Absent: Also Present: Police Captain Kortum, Police Sergeant Mehlin Leeper called the meeting to order at 8:30 a. m. Notice of the meeting was published in the September 22, 2003, edition of the Grand Island Independent. Burns moved to approve the minutes of the September 3, 2003, meeting. Hilligas seconded the motion, which carried upon roll call vote. The Commission received a request from the Police Department to certify names to fill one Police Officer vacancy (Bryant). Burns moved to not certify Johnson and Kully based on Section A, 3 (f), “…made a false statement or practiced or attempted to practice deception or fraud in securing his eligibility or appointment,” and Wilson for A, 3 (g), “for any good and sufficient reason, which in the judgment of the commission, makes the applicant undesirable as a public employee.” Hilligas seconded the motion, which passed unanimously upon roll call vote. Burns move to certify the top three names, namely, Williams, Borgeling and Wood. Hilligas seconded the motion, which passed unanimously upon roll call vote. Discussed possible date for next Commission meeting, tentatively set for October 14, 2003. There being no further business, the meeting adjourned at 9:15 a.m. Respectfully Submitted, Al Satterly, Secretary Designee Approved by Civil Service Commission: 10-14-03 Civil Service Commission Copies of approved Minutes to: City Clerk Item G2 Approving Minutes of October 14, 2003 City Council Regular Meeting The Minutes of October 14, 2003 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, October 28, 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 October 14, 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 October 14, 2003. Notice of the meeting was given in the Grand Island Independent on October 8, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase. The following City Officials were present: Interim City Administrator David Springer, City Clerk RaNae Edwards, Public Works Director Steve Riehle, and City Attorney Doug Walker. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Russell Wolf, United Pentecostal Church, 515 South Oak Street. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. PRESENTATIONS AND PROCLAMATIONS: Recognition of Jacob Ambroz and Boy Scout Troop 114 for Installing Sidewalk at the Nebraska Veterans Home. Mayor Jay Vavricek and the City Council recognized Jacob Ambroz and Boy Scout Troop 114 for installing a sidewalk in front of the Grand Island Veterans Home along Capital Avenue. This 800 foot sidewalk was Central Catholic senior, Jacob Ambroz's Eagle Scout project along with the help of Boy Scout Troop 114. Presentation of Marketing Video by Marlan Ferguson, Grand Island Area Economic Development Corporation. Marlan Ferguson, President of the Grand Island Area Economic Development Corporation presented a power point presentation on what the EDC has to offer and their goals. Also presented was a video used in marketing the Grand Island area. PUBLIC HEARINGS: Public Hearing on Request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that Jose Ayala representing AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street had submitted an application with the City Clerk’s Office for a Class “I” Liquor License which allows for the sale of alcoholic beverages on sale only within the corporate limits of the City. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on September 24, 2003; notice to applicant of date, time Page 2, City Council Regular Meeting, October 14, 2003 and place of hearing mailed on September 24, 2003; notice to the general public of date, time and place of hearing published on October 4, 2003; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Chloe Aguilar, 808 East 8th Street for a Conditional Use Permit for Single Family Home/Child Care Center Located at 4103 Prairie Ridge Lane. Craig Lewis, Building Department Director reported that Chloe Aguilar, 808 East 8th Street had submitted an application with the City Clerk's Office for a Conditional Use Permit to allow for a Single Family Home/Child Care Center located at 4103 Prairie Ridge Lane. The property was currently zoned R1-Suburban Residential and as such, day care centers in which the number of children exceed that allowed by the customary home occupation standards were allowed only as a conditional use approved by the City Council. Applicant Chloe Aguilar, 808 East 8th Street spoke in support. No further public testimony was heard. Public Hearing on Request of Robert Rasher, 1519 North Taylor Avenue for a Conditional Use Permit for an Auto Sales Lot Located at 117 & 123 East 5th Street. Craig Lewis, Building Department Director reported that Robert Rasher, 1519 North Taylor Avenue had submitted a request for a Conditional Use Permit to allow for the continued operation of a used car establishment at 117 & 123 East 5th Street. The City Council earlier this year amended the City Code to require that existing vehicle sales establishments without improved hard surfaced lots receive approval in the form of a Conditional Use Permit from the City Council. Section 36- 49(A) allowed for a waiver approved by the City Council for businesses that were operating at the same location prior to March 9, 1999. This request appeared to be in compliance with the established City Code and approval was recommended. No public testimony was heard. Public Hearing on Request of Hooker Brothers/Werner Construction for a Conditional Use Permit for a Portable Hot-Mix Asphalt Plant Located at 3860 South Locust Street. Craig Lewis, Building Department Director reported that Hooker Brothers Sand & Gravel, 3860 South Locust Street, had submitted an application with the City Clerk's Office to extend their Conditional Use Permit through the remaining months of 2003 and for the entire Calendar Year 2004. This request was to temporarily allow for a portable hot-mix asphalt plant, belonging to Werner Construction to be located at 3860 South Locust Street. On March 4, 2003, City Council approved a Conditional Use Permit for a 6 month period, beginning June 1, 2003 and ending November 30, 2003. Also with the condition that they comply with the regulations as set out by the Nebraska Department of Environmental Quality (NDEQ) in order to operate the plant. Richard Ray representing Werner Construction spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 2916 West Stolley Park Road. (T.J.C.W., L.L.C.) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 2916 West Stolley Park Road, was required in order to have access to install, upgrade, maintain, and repair power appurtenances. This easement would be used to locate underground power lines and a pad mounted transformer to serve a new building. No public testimony was heard. Page 3, City Council Regular Meeting, October 14, 2003 Public Hearing on Acquisition of Sanitary Sewer Easement Located at 1916 West State Street. (Trenton Falk) Steve Riehle, Public Works Director reported that Mark & Tresa Arthur of 1903 Grand Island Avenue currently had sanitary sewer service, however, the line serving their property was in need of replacement and did not run in a public easement. In order to properly serve this property a public sanitary sewer easement was needed from the adjacent property. Trenton H. Falk of 1916 West State Street had granted a sanitary sewer easement to accommodate this installation. The property owner (Trenton Falk) has been contacted regarding the terms of this easement. Mr. Falk had agreed to provide the easement at no cost. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement Located at 1518 Warbler Circle. (Little B’s Corp.) Steve Riehle, Public Works Director reported that Little B’s Corporation was developing Summerfield Third Subdivision located north of 13th Street and east of North Road. In conjunction with this development Little B’s was granting drainage easements to the city to accommodate storm drainage in the subdivision. In conjunction with this development it was necessary to acquire easements in Lot’s 6 and 7 in Summerfield Third Subdivision. The property owner has agreed to provide the easements at no cost to the city. No public testimony was heard. Public Hearing on Acquisition of Drainage Easement Located at 1524 Warbler Circle. (Little B’s Corp.) Steve Riehle, Public Works Dir ector reported that Little B’s Corporation was developing Summerfield Third Subdivision located north of 13th Street and east of North Road. In conjunction with this development Little B’s was granting drainage easements to the city to accommodate storm drainage in the subdivision. In conjunction with this development it was necessary to acquire easements in Lot’s 6 and 7 in Summerfield Third Subdivision. The property owner has agreed to provide the easements at no cost to the city. No public testimony was heard. ORDINANCES: Councilmember Pielstick made the motion that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #8857 – Consideration of Creation of Water Extension District 444 – Marylane Subdivision be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on its first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in this Ordinance? Utilities Director Gary Mader commented on the creation of Water Extension District No. 444. He also stated a petitioned was received to create a water extension district in the Kentish Hills Subdivision, which would come before Council in the near future. No public comment was heard. City Clerk: Ordinance #8857 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, October 14, 2003 City Clerk: Ordinance #8857 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 #8857 is declared to be lawfully passed and adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda items G-10, G-30, and G-33 were pulled from the consent agenda. Motion by Pielstick, second by Hornady, carried unanimously to approve the Consent Agenda, excluding items G-10, G-30, and G-33. Upon roll call vote, all voted aye. Motion adopted. Receipt of Official Document – Civil Service Minutes of September 3, 2003. Approving Minutes of September 23, 2003 City Council Regular Meeting. Approving Minutes of September 30, 2003 City Council Study Session. Councilmembers Walker and Cornelius abstained. Approving Minutes of October 7, 2003 City Council Study Session. Approving Request of AYR, Inc. dba El Toro Mexican Restaurant, 3425 West State Street for a Class “I” Liquor License. Approving Request of Jose Ayala, 3720 West State Street #F9, for Liquor Manager Designation for El Toro Mexican Restaurant, 3425 West State Street. Approving Request of Nicholas Mortensen, 2017 West Koenig Street, for Liquor Manager Designation for Bosselman, Inc. dba Pump & Pantry #6, 3355 Stolley Park Road. Approving Request of Chloe Aguilar, 808 East 8th Street for a Conditional Use Permit for Single Family Home/Child Care Center Located at 4103 Prairie Ridge Lane. Approving Request of Robert Rasher, 1519 North Taylor Avenue for a Conditional Use Permit for an Auto Sales Lot Located at 117 & 123 East 5th Street. #2003-277 – Approving City Council Meeting Schedule for 2004. #2003-278 – Approving Acquisition of Utility Easement Located at 2916 West Stolley Park Road. (T.J.C.W., L.L.C.) #2003-279 – Approving Electric Utility Contract with Omaha Public Power District. #2003-280 – Approving Bid Award for Substation Transformer Testing and Inspection Services with Waukesha Electric Systems of Maitland, Florida in an Amount of $83,600.00 and an Page 5, City Council Regular Meeting, October 14, 2003 Additional Amount at a Maximum of $97,500.00 for Major Load Tap Charger Component Replacement. #2003-281 – Approving Certificate of Final Completion with Starostka Group Company of Grand Island and Setting of Board of Equalization Hearing date for Water Main District 440 – Kay-Dee Subdivision. #2003-282 – Approving Rejection of Terrorist Coverage – Boiler and Machinery Insurance Policy – Utilities Department. #2003-283 – Approving Change Order #1 for the Platte River Pumping Station Engineering Services with CH2M Hill of Englewood, Colorado for an Increase of $29,755.00 for a Modified Contract Sum of $87,864.00. #2003-284 – Approving Final Plat and Subdivision Agreement for Columbian Subdivision. It was noted that St. Mary's Church of Grand Island, owners, had submitted the final plat for Columbian Subdivision, located north of Delta Street and west of Eddy Street for the propose of developing 2 lots. #2003-285 – Approving Final Plat and Subdivision Agreement for Goodwill Fifth Subdivision. It was noted that Goodwill Industries, owners, had submitted the final plat for Goodwill Fifth Subdivision, located south of Delta Street and west of Locust Street for the propose of developing 3 lots. #2003-286 – Approving Outside Funding for the Community Humanitarian Resource Center in an Amount of $4,500.00. #2003-287 – Approving Outside Funding for The Crisis Center, Inc. in an Amount of $12,000.00. #2003-288 – Approving Outside Funding for the Grand Island Area – Clean Community System in an Amount of $20,000.00. #2003-289 – Approving Outside Funding for the Grand Island Area Council for International Visitors in an Amount of $1,000.00. #2003-290 – Approving Outside Funding for the Grand Island Dive & Rescue Team in an Amount of $2,500.00. #2003-291 – Approving Outside Funding for the Grand Island Hall County Convention and Visitors Bureau in an Amount of $10,000.00. #2003-292 – Approving Outside Funding for the Retired Senior Volunteer Program in an Amount of $10,000.00. Page 6, City Council Regular Meeting, October 14, 2003 #2003-293 – Approving Outside Funding for the Senior Citizens Industries, Inc. in an Amount of $15,000.00. #2003-294 – Approving Acquisition of Sanitary Sewer Easement Located at 1916 West State Street. (Trenton Falk) #2003-295 – Approving Acquisition of Drainage Easement Located at 1518 and 1524 Warbler Circle. (Little B’s Corp.) #2003-297 – Approving Bid Award for Solids Handling Contract at WWTP (Amendment 3 Project 2003-WWTP-1) with CH2M Hill of Englewood, Colorado in an Amount of $849,400.00. #2003-298 – Approving Bid Award for Amendment B – Electrical Services Contract at WWTP with CH2M Hill of Englewood, Colorado in an Amount not to Exceed $289,300.00. #2003-300 – Approving Renewal of Interlocal Agreement with Hall County Relative to Juvenile Accountability Program. #2003-301 – Approving Amendment to IAFF Contract Relative to HRA Benefit. #2003-302 – Approving Authorization for the Mayor, City Administrator and Finance Director to Sign Corporate Resolution for Smith-Hayes Fire Pension Funds. #2003-303 – Approving Authorization for the Mayor, City Administrator and Finance Director to Sign Corporate Resolution for Smith-Hayes Police Pension Funds. Approving Request of Hooker Brothers/Werner Construction for a Conditional Use Permit for a Portable Hot-Mix Asphalt Plant Located at 3860 South Locust Street. Motion was made by Walker, second by Nickerson to approve the request of Hooker Brothers/Werner Construction for a Conditional Use Permit. Councilmembers Walker and Meyer requested that the time frame be limited to less tha n the 2004 calendar year. Richard Ray representing Werner Brothers stated he was not sure when the South Locust interchange would be completed. He also mentioned projects around Giltner and Phillips that they would like to finish while the plant was at this location. Motion was made by Whitesides, second by Meyer to amend the motion to limit the Conditional Use Permit to June 30, 2004. Discussion was held with regards to revoking permits, cost of permit, and time it would take to come back to council for approval. Upon roll call vote, Councilmembers Whitesides and Myer voted yes. Councilmembers Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted no. Motion denied. Upon roll call to approve the original motion, Councilmembers Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted yes. Councilmember Meyer voted no. Motion adopted. Page 7, City Council Regular Meeting, October 14, 2003 #2003-296 – Approving Bid Award for Sludge Handling Improvement Project at WWTP (Project 2003-WWTP-1) with John T. Jones Construction of Fargo, North Dakota in an Amount of $8,462,000.00. Motion was made by Hornady, second by Nickerson to approve Resolution #2003-296. Discussion was held with regards to the engineer’s estimate being less than the bids received. Public Works Director Steve Riehle stated he was comfortable with the bids and would have to eliminate items such as the scrubbers, which were essential to the project, in order to get below the engineer’s estimate. Upon roll call vote, all voted aye. Motion adopted. #2003-299 – Approving Purchase of Two (2) 2 x 4 Pickup Trucks for Street & Transportation Division from State Contract Holder, Husker Auto Group, Inc. of Lincoln, Nebraska in an Amount of $32,019.60. Motion was made by Walker, second by Hornady to approve Resolution #2003-299. Discussion was held concerning the local dealers bidding on these vehicles. Public Works Director Steve Riehle explained the state bidding process and that local dealers would service the vehicles. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Request of Kyle and Clydene Reinhard for Interest Reimbursement. City Attorney Doug Walker reported that Kyle and Clydene Reinhard were protesting the interest charged on their sewer main assessment. The Reinhard's claimed that they did not receive a statement for their sewer main last year when it was installed and did not realize that a payment was due. The Reinhard's received a statement this year and elected to pay the full amount of their sewer main assessment but were requesting that they be relieved of the requirement to pay interest for the last year because they were stating that they would have paid in full if they had received their statement. Motion was made by Nickerson, second by Haase, to approve the request reimbursing Kyle and Clydene Reinhard the amount of $415.84 interest. Upon roll call vote, all voted aye. Motion adopted. RESOLUTION: #2003-304 – Approving Economic Development Funding Request. Interim City Administrator David Springer reported that on July 22, 2003, the Grand Island City Council, by Ordinance No. 8830, and amended by Ordinance No. 8832 on August 12, 2003, adopted an economic development program for the City of Grand Island which was prepared in conformity with Neb. Rev. Stat. 18-2710. This called for annual funding of $750,000. A request had been received from the Grand Island Area Economic Development Corporation, duly approved by it's President and the Chairman of it's Citizen's Review Committee for payment of $350,000. Said funds were to be used for operating expenses, community publicity, and promotion. A lengthy discussion was held with regards to the $350,000 and public access to the EDC budget. Marlan Ferguson, President of the EDC explained that this money would be incorporated in the EDC budget and would be audited. Tom Ward, 4060 West Capital Avenue representing the Citizens Review Committee was present and explained the process of the Citizens Review Committee. Page 8, City Council Regular Meeting, October 14, 2003 Motion was made by Walker, second by Hornady to approve Resolution #2003-304. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the period of September 24, 2003 through October 14, 2003, for a total amount of $3,272,472.12. Councilmember Hornday abstained from claim #285753 and Councilmember Pielstick abstained from claim #3168. Motion adopted. EXECUTIVE SESSION: Motion was made by Hornady, second by Wlaker, to adjourn to Executive Session at 8:40 p.m. for the purpose of discussing personnel issues and land negotiations. RETURN TO REGULAR SESSION: Motion was made by Whitesides, second by Pielstick, to return to Regular Session at 9:40 p.m. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Minutes of October 21, 2003 City Council Special Meeting The Minutes of October 21, 2003 City Council Special Meeting are submitted for approval. See attached MINUTES. Tuesday, October 28, 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 SPECIAL MEETING October 21, 2003 Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 21, 2003. Notice of the meeting was given in the Grand Island Independent on October 15, 2003. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker and Haase. Councilmember Whitesides was absent. The following City Officials were present: Interim City Administrator David Springer, City Clerk RaNae Edwards, and Public Works Director Steve Riehle. PLEDGE OF ALLEGIANCE was said. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Two individuals reserved time to speak on agenda items. Mayor Vavricek mentioned that he was no longer associated with KSYZ and Rock 101 Radio Station. He said that would not affect his service to the City of Grand Island as Mayor. The Mayor also commented on the role of the Mayor and future topics that would be brought to council for informational purposes. Steve Riehle, Public Works Director commented on the odor problems and what was currently being done about it. RESOLUTIONS: #2003-305 – Approving Bid Award for Water Main District No. 444 – Marylane Subdivision. Gary Mader, Utilities Director reported that due to the recent discovery of ground water contamination in private wells, a petition representing 95.99% of the property owners within Marylane Subdivision, had been received requesting City water service. On October 14 the referenced district was created by Council. The contract provided for installation of water mains in Mary Lane and Valley View Avenue and service lines to the lots. Plans and specifications were sent to five contractors, six suppliers, and five plan service companies. Bids were publicly opened at 11:00 am on October 17 in accordance with City Procurement Codes. Four bids were received and had been checked and evaluated. All bids were without exceptions and otherwise complied with contract documents. It was recommended that Council award the contract for Water Main District 444 to: General Excavating of Lincoln, Page 2, City Council Special Meeting, October 21, 2003 Nebraska in the amount of $76,220.63. Their bid was below the engineer's estimate of $95,000.00 and was under the time-line for completion of the work. Motion was made by Pielstick, second by Meyer, to approve Resolution #2003-305. Upon roll call voted, all voted aye. Motion adopted. #2003-306 – Approving Agreement with Case New Holland for Reimbursement of Water Main Expenses for Marylane Subdivision and Kentish Hills Subdivision. Gary Mader, Utilities Director reported that the City had tentatively reached two agreements, subject to Council approval, with New Holland of North America, Inc. to be reimbursed for the expenses associated with construction of a water main in the Marylane Subdivision and for the construction of a water main in the Kentish Hills Subdivision. New Holland had taken a very proactive approach in dealing with the contamination problems and in helping the City with the costs of extending water service to those neighborhoods as quickly as possible. Discussed was the agreements with Case New Holland and if it covered all the homeowners in the Marylane and Kentish Hills Subdivisions. Gary Mader, Utilities Director stated he would look into it. Motion was made by Hornady, second by Walker, to approve Resolution #2003-306. Upon roll call voted, all voted aye. Motion adopted. ADJOURNMENT: Adjourn the meeting at 8:25 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G4 Approving Minutes of October 21, 2003 City Council Study Session The Minutes of October 21, 2003 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, October 28, 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 October 21, 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 October 21, 2003. Notice of the meeting was given in the Grand Island Independent on October 15, 2003. Mayor Jay Vavricek called the meeting to order at 8:25 p.m. The following members were present: Councilme mbers Meyer, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. Councilmember Whitesides was absent. The following City Officials were present: Interim City Administrator David Springer, City Clerk RaNae Edwards, and Public Works Director Steve Riehle . Presentation of Victim Assistance Unit by the Police Department. Police Chief Kyle Hetrick reported that the recent dissolution of the Family Violence Coalition left a void in services to victims of crime in Grand Island – Hall County. The Grand Island Police Department, the Hall County Sheriff’s Office and the Hall County Attorney’s office collaborated with the Nebraska Crime Commission to seek funding to develop a victim assistance program. Nebraska state statue 81-1848 outlines the following rights of victims and witnesses of crimes: (1) To be informed by local law enforcement agencies and the county attorney of the final disposition of the cases. If the crime charged is a felony, the victim shall be notified whenever the defendant or perpetrator is released from custody. (2) To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court. (3) To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available. (4) To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services. (5) To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled. (6) To be pr ovided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families and friends of defendants. (7) To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed, shall be returned to the person within ten days of being taken. (8) To be provided with appropriate employer intercession services to insure that employers of victims and witnesses will cooperate with criminal justice process in order to minimize an employee’s loss of pay and other benefits resulting from court appearances. Page 2, City Council Study Session, October 21, 2003 (9) To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter; and (10) To have the family members of all homicide victims afforded all of the rights under subsections (1) to (4) and (6) to (9) and services analogous to those provided under section 81-18-47. The Grand Island Police Department, the Hall County Sheriff’s Office and the Hall County Attorney’s Office have collaborated with the Nebraska Crime Commission to fund a victim assistance unit. A grant for $37,500 had been approved to develop this needed resource in our community. This grant required a 20% match, which could be in-kind services, equipment and dollars. The grant proposal would require the City of Grand Island to hire a Victim Assistance director. Councilmember Cornelius questioned the matching funds, whether it would be a one time match or an annual request. Chief Hetrick stated it would probably be annually. Councilmember Pielstick questioned whether the $37,500 would cover salaries, supplies, rental space, travel, overhead, etc. Chief Hetrick stated that it would. Discussion was held with regards to what would happen to the program if it were not funded by grants. Also discussed was the counties participation. Lewis Kent, 624 East Meves and Shellie Pointer, Executive Director of the Crisis Center spoke in support of this program. Presentation of K-9 Unit for the Police Department. Police Chief Kyle Hetrick discussed a proposal to implement a Police Canine unit in our community. Discussions were held with regards to a canine team, utilization, K-9 policy, and costs. Chief Hetrick stated that funding sources had been made available to the department and there would be no request for additional dollars for this unit within the existing 2003-2004 budget. Canine Costs presented were as follows: Animal(s) - $4,000 to $5,000 Training – Tuition – No Cost Nebraska State Patrol K-9 School 11 Week certification Kennel(s) – Shelter, Slab, Fence $2,000 Vehicle(s) – Use existing cruiser converted to canine carrier - $600.00 x 2 Miscellaneous – Muzzles, Leashes, Vet, Food - $1,200 Start-up Costs: Approximately $15,000 Councilmember Nickerson questioned if this was a “want” or a “need’. Chief Hetrick stated it was a need. Discussed was the payback to the community, by showing the criminals that we are serious in fighting crime. Drug money confiscated within the community was returned to the community. Councilmember Walker stated he would support the K-9 Unit and that it was very important to fight the drug problem within our community. Discussion was held with regards to officer hours worked and over-time. Councilmember Meyer mentioned concerns about liability. Councilmember Haase commented on the benefits of having a K-9 Unit and questioned whether these dogs could be used in the schools. It was stated that they could. State Patrol Trooper Buck Duis who was a canine handler was present to explain training, evaluating, and being a K-9 handler. Presented were the differences of training dogs as passive and/or aggressive Page 3, City Council Study Session, October 21, 2003 and the liability associated with it. Longevity of the animal was about 7 years. Dogs would be trained for narcotics, patrol, building searches, handler protection, conduct area searches, tracking, and evidence recovery. Trooper Duis stated he was a trainer and there would be no cost to the Police Department for the 11 weeks training of the dogs and their handlers. Discussion was held with regards to the number of dogs, vehicles, and extra equipment that would be needed in the future. Chief Hetrick commented on fund raising for a K-9 Unit. Discussion Concerning ½ Cent Sales Ta x. Mayor Vavricek stated that this was part of the on-going discussions that would be conducted at upcoming study sessions to seek input and direction from council and the public on the proposed sales tax initiative planned for the May 11, 2004 ballot. David Springer, Finance Director discussed the dependency of future capital spending upon increased revenues, the limitations on expanding traditional revenue sources, and the pressures, current and future, on the city’s budgets. A budget overview was presented. Mr. Springer stated capital improvement projects were not fully self funded and required support from the general fund cash reserves. Revenue growth had been flat over the last three years; a trend expected to continue. Cost of operations were up $3.5 million over the last three years. Additional sales tax monies could be devoted to future capital projects. Councilmember Meyer questioned how much a ½ cent sales tax would bring in. Mr. Springer stated approximately $3.5 million a year. Several councilmember’s agreed that we limit the number of projects that the sales tax could be used for. Also presented were comments from the phone survey that was conducted by councilmember’s. Mayor Vavricek commented on a utility stuffer to solicit public input regarding ideas on how to spend a ½ cent sales tax. Lewis Kent, 624 East Meves commented on an outstanding job being done by the council in doing the right thing and being open to the public in their decisions. ADJOURNMENT: The meeting was adjourned at 9:30 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G5 Approving Appointments to the Regional Planning Commission The Mayor has submitted the appointment of Tom Brown and Robert Niemann to the Regional Planning Commission. Their appointments would become effective November 1, 2003, upon approval by Council, and would expire October 31, 2006. The terms for current Regional Planning Commission representatives Quentin Hooker and Scott Eriksen will expire October 31, 2003. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G6 Approving Appointments to the Human Rights Commission The Human Rights Commission is composed of nine members who shall be a representative cross section of the citizens of the City, appointed by the Mayor and confirmed by the City Council. Members serve 3-year terms, and no more than two consecutive terms. The Human Rights Commission does not hold regularly scheduled meetings, but is subject to call should the need arise under Chapter 11, Civil Rights, Grand Island City Code. The Code states that "appointees to said Commission shall serve terms of: Three for three years, three for two years, and three for one year" and that any vacancy shall be filled in the same manner as the original appointments. The terms of all previous commissioners have expired. The nine proposed commissioners would serve terms as follows: Irene Abernethy November 1, 2003-October 31, 2006 Reverend Tim Anderson November 1, 2003-October 31, 2006 Mercedes Ayala November 1, 2003-October 31, 2006 Kris Nolan Brown November 1, 2003-October 31, 2005 Jacinto Corona November 1, 2003-October 31, 2005 Dr. Jim Keyser November 1, 2003-October 31, 2005 Anita Lewandowski November 1, 2003-October 31, 2004 Karina Morales November 1, 2003-October 31, 2004 Jose Zapata November 1, 2003-October 31, 2004 Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G7 Approving Appointment to the Zoning Board of Adjustment The Mayor has submitted the appointment of Glen Murray to the Zoning Board of Adjustment. The appointment would become effective immediately, upon approval by council, and would expire August 31, 2006. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G8 Approving Request of Laurie Beason, 2014 North Custer Street, for Liquor Manager Designation for Pump & Pantry #3, 2511 Diers Avenue Laurie Beason, 2014 North Custer Street has submitted an application with the City Clerk's Office for a Liquor Manager Designation in conjunction with the Class "B-13151" Liquor License for Bosselman, Inc. dba Pump & Pantry #3, 2511 Diers Avenue. This application has been reviewed by the Police Department and City Clerk's Office. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G9 #2003-307 - Approving Final Plat and Subdivision Agreement for Grand Island Mall 14th Subdivision Gerald Jacobsen, owner, has submitted the final plat for Grand Island Mall 14th Subdivision, located south of Capital Avenue and west of Webb Road. This plat proposes to develop 1 lot. This plat has been reviewed by the Planning, Public Works and Utilities Departments. The Regional Planning Commission, at their meeting of October 1, 2003, unanimously voted to recommend approval. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council October 6, 2003 Honorable Jay Vavricek, Mayor and Members of the Council City Hall Grand Island NE 68801 Dear Mayor and Members of the Council: RE: FINAL PLAT – Grand Island Mall 14th Subdivision, located South of Capital Avenue, and West of Webb Road, Grand Island, Nebraska. At the regular meeting of the Regional Planning Commission, held October 1, 2003 the above item was considered. This final plat proposes to create lot on a parcel of land comprising of lot 2 Grand Island Mall Eleventh Subdivision. A motion was made by O’Neill and seconded by Wagoner to approve and recommend that the City Council approve the final plat of Grand Island Mall Fourteenth Subdivision. A roll call vote was taken and the motion passed by a unanimous vote of the 10 members present (Amick, Haskins, Lechner, O’Neill, Hooker, Eriksen, Miller, Ruge, Hayes, Wagoner). Yours truly, Chad Nabity AICP Planning Director cc: City Attorney Director of Utilities Director of Public Works Director of Building Inspections Manager of Postal Operations Rockwell & Associates Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-307 WHEREAS, Jacobsen Enterprises Incorporated, a Nebraska corporation, as owner, has caused to be laid out into a lot, a tract of land comprising all of Lot Two (2), Grand Island Mall Eleventh Subdivision, in the city of Grand Island, Hall County, Nebraska, under the name of GRAND ISLAND MALL FOURTEENTH SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of GRAND ISLAND MALL FOURTEENTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G10 #2003-308 - Approving Acquisition of Public Utility Easement located at 5018 Antelope Drive in Wildwood Subdivision (ROBCO, LLC) This item relates to the aforementioned Public Hearing. Background ROBCO, LLC is the owner of Lot’s 1, 2 and 3 in Wildwood Subdivision located at 5018 Antelope Drive. The owner has requested that the city vacate a public utility easement to allow for their use of the area. In turn they will grant a public utility easement in another area of their property. Council action is necessary for the City of Grand Island to vacate and acquire public easements. Discussion The owner wishes to construct an addition to an existing building and needs to have the public easement vacated to facilitate their construction plans. Accordingly, it is now time for Council approval of the easement acquisition, as well as authorizing the vacation of the existing easement. Recommendation Approve the Resolution for the easement acquisition. Financial Implications None Alternatives Deny this request. This would result in no easement vacation or easement acquisition and would curtail ROBCO’s construction plans. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Aproved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-308 WHEREAS, a public utility easement is required by the City of Grand Island, from ROBCO, L.L.C., a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on October 28, 2003, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lots One (1), Two (2), and Three (3) of Wildwood Subdivision in the city of Grand Island, Hall County, Nebraska, the easement and right-of-way being more particularly described as follows: The northerly Ten (10.0) feet of Lot One (1) Wildwood Subdivision, the northerly Ten (10.0) feet of the east One Hundred Thirty Five (135.0) feet of Lot Two (2) Wildwood Subdivision, the easterly Ten (10.0) feet of Lot One (1) Wildwood Subdivision, and the easterly Ten (10.0) feet of Lot Three (3) Wildwood Subdivision, as shown on the plat dated October 7, 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 ROBCO, L.L.C., a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G11 #2003-309 - Approving Certificate of Final Completion for Street Improvement District No. 1239 - Gold Core Drive A Contract in the amount of $627,741.88 for Street Improvement District 1239 was awarded to Gehring Construction and Ready Mix Co., Inc. of Columbus, NE. on March 18, 2003. Work on the project was completed in October 2003. Discussion This project was completed at a construction price of $631,085.08 . Total cost of the project, including Engineering Services is $695,493.98. Recommendation Accept the Certificate of Final Completion and schedule the Board of Equalization for November 18, 2003 Financial Implications The majority of costs for this project will be assessed to the adjacent properties. Alternatives Deny acceptance of the project. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-309 WHEREAS, the Public Works Director of the City of Grand Island has issued his Certificate of Final Completion for Street Improvement District No. 1239, certifying that Gehring Construction and Ready Mix Co., Inc. of Columbus, Nebraska, under contract dated March 26, 2003, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Street Improvement District No. 1239 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on November 18, 2003 to determine benefits and set assessments for Street Improvement District No. 1239. 3. The costs of engineering and contract administration be credited to Account No. 100.130.04516 from Account No. 40033530-90054 in the amount of $167.74. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G12 #2003-310 - Approving Certificate of Final Completion for Sanitary Sewer District No. 505 - Livengood Subdivision; Willow Street, west of Stuhr Road & north of Highway 30 The contract for Sanitary Sewer District No. 505 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on April 17, 2003. Work commenced on June 6, 2003 and was completed on August 18, 2003. Discussion The project was completed at a construction price of $84,231.27. Total cost of the project, including contract administration is $93,603.33. Recommendation Accept the Certificate of Final Completion and set the Board of Equalization date of November 18, 2003. Financial Implications The costs of this project will be assessed to benefiting properties. Alternatives None. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-310 WHEREAS, the Public Works Director of the City of Grand Island has issued his Certificate of Final Completion for Sanitary Sewer District 505, certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract dated May 15, 2003, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Sanitary Sewer District 505 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on November 18, 2003 to determine benefits and set assessments for Sanitary Sewer District 505. 3. The costs of contract administration be credited to Account No. 10033001-74516 from Account No. 53030050-85213 in the amount of $1,853.13. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G13 #2003-311 - Approving Certificate of Final Completion for Sanitary Sewer District No. 508 - Desch 1st & 2nd Subdivisions The contract for Sanitary Sewer District No. 508 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on April 17, 2003. Work commenced on May 23, 2003 and was completed on June 24, 2003. Discussion The project was completed at a construction price of $23,739.39. Total cost of the project, including contract administration, is $30,295.07. Recommendation Accept the Certificate of Final Completion and set the Board of Equalization date of November 18, 2003. Financial Implications The costs of this project will be assessed to benefiting properties. Alternatives None. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-311 WHEREAS, the Public Works Director of the City of Grand Island has issued his Certificate of Final Completion for Sanitary Sewer District 508, certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract dated April 17, 2003, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Sanitary Sewer District 508 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on November 18, 2003 to determine benefits and set assessments for Sanitary Sewer District 508. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G14 #2003-312 - Approving Bid Award for a Truck Tractor for Solid Waste Division of the Public Works Department With the increased tonnage coming into the Transfer Station another truck-tractor was needed to accommodate the increased load. The Solid Waste Division of the Public Works Department Advertised for bids for a 2004 Model 90,000 lbs. GVW Conventional Truck- Tractor for use at the Transfer Station. Bids were opened on October 16, 2003. Discussion Parts availability for the few Sterlings that the City owns has been poor. The Freightliner trucks have served the city of Grand Island well in the past with very few problems and when problems did occur parts were readily available. Vender Exceptions Bid Security Total Price Nebraska Truck Center Inc. (Sterling) 3 exceptions N/A $76,992.00 Grand Island, NE 68803 Nebraska Truck Center Inc. (Freightliner) 3 exceptions N/A $77,327.00 Grand Island, NE 68803 Nebraska Peterbilt 2 exceptions N/A $77,700.00 (Peterbilt) Grand Island, NE 68803 Hanson International 3 exceptions N/A $84,543.66 (International) Grand Island, NE 68803 Recommendation Staff recommends that council pass a resolution awarding the bid to the Nebraska Truck Center, Inc. for one Freightliner Truck-Tractor in the amount of $77,327.00. Financial Implications There are sufficient funds in account # 50530040-85625, Solid Waste Division Capital Expenditures- Vehicles to purchase this equipment. Tuesday, October 28, 2003 Council Session City of Grand Island City of Grand Island City Council Alternatives Award the bid to a different vendor or reject all bids. Staff Contact: Steven P. Riehle, Public Works Director/City Eng 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: October 16, 2003 at 11:00 a.m. FOR: (1) 2004 Model 90,000 GVW Conventional Truck-Tractor DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $95,000.00 FUND/ACCOUNT: 50530040-85625 PUBLICATION DATE: October 3, 2003 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Nebraska Truck Center Nebraska Truck Center Grand Island, NE Grand Island, NE (Sterling) (Freightliner) Exceptions: Noted Noted Bid Price: $76,992.00 $77,327.00 Bidder: Nebraska Peterbilt Hansen International Truck Grand Island, NE Grand Island, NE (Peterbilt) (International) Exceptions: Noted Noted Bid Price: $77,700.00 $84,543.66 cc: Steve Riehle, Public Works Director Kevin McKennon, Solid Waste Superintendent David Springer, Interim City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P863 Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-312 WHEREAS, the City of Grand Island invited sealed bids for one (1) 2004 Model 90,000 GVW Conventional Truck-Tractor, according to plans and specifications on file with the City Engineer; and WHEREAS, on October 16, 2003, bids were received, opened and reviewed; and WHEREAS, Nebraska Truck Center of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of 77,327.00; and WHEREAS, Nebraska Truck Center's bid is less than the estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Truck Center of Grand Island, Nebraska, in the amount of $77,327.00 for one 2004 Freightliner Model 90,000 GVW conventional truck- tractor is hereby approved as the lowest evaluated bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G15 #2003-313 - Approving Bid Award for Sidewalk District No 1, 2003, Various Locations in Grand Island Background The City Council created Sidewalk District No. 1, 2003 on September 9, 2003. Bids for construction were received on October 22, 2003. The district was created to complete the sidewalks that were ordered installed before school started in Fall 2003 but were not completed. Discussion The Public Works Department, Engineering Division and the Purchasing Division of the City Attorney’s Office reviewed the Three (3) bids received. The engineer’s opinion of costs was $34,396.00. FIRM AMOUNT EXCEPTIONS Galvan Construction $22,615.40 None Diamond Engineering $27,664.60 Yes – Completion Date Starostka Construction $27,768.40 Yes – Completion Date Recommendation Award the contract to Galvan Construction Company of Grand Island, Nebraska in the amount of $22,615.40. Financial Implications There are sufficient funds in Account No. 40033535-90072. The costs for the sidewalks will be assessed to the adjoining property owners. Alternatives None – the project should be awarded so the sidewalk work can proceed. Tuesday, October 28, 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: October 22, 2003 at 11:15 a.m. FOR: Sidewalk District No. 1, 2003 DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $34,396.00 FUND/ACCOUNT: 40033535-90072 PUBLICATION DATE: October 14, 2003 NO. POTENTIAL BIDDERS: 12 SUMMARY Bidder: Starostka Group Diamond Engineering Co. Galvan Construction Grand Island, NE Grand Island, NE Grand Island, NE Exceptions: Noted Noted None Bid Price: $27,768.40 $27,664.60 $22,615.40 cc: Steve Riehle, Public Works Director David Springer, Interim City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P866 Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-313 WHEREAS, the City of Grand Island invited sealed bids for Sidewalk District No. 1, 2003, according to plans and specifications on file with the City Engineer; and WHEREAS, on October 22, 2003, bids were received, opened and reviewed; and WHEREAS, Galvan Construction Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $22,615.40; and WHEREAS, Galvan Construction Company's bid is less than the engineer’s estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction Company of Grand Island, Nebraska, in the amount of $22,615.40 for Sidewalk District No. 1, 2003 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, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item G16 #2003-314 - Approving Bid Award - Tree Trimming Project 2004- TT-1 Background: The maintenance of clearance between trees and power lines is very important to maintain the safety and reliability of the electric distribution system. Over the years, as trees grow, the maintenance of this clearance has become increasingly difficult and expensive. Last year over 2,000 trees were clearance trimmed using utility crews and contractor labor; with costs in excess of $200,000. Contract 2004-TT-1 was prepared for bidding by private contractors for 2004 clearance work. The contract consists of furnishing all labor, tools, and equipment to trim trees from around electrical power lines throughout the City. In order to achieve the best price and expedite the work, the project was divided into seventeen (17) sections. A map showing all of the project areas is attached. Discussion: The City may select any or all sections to be awarded in this Contract, and may award to a single Contractor for all sections, or award to multiple Contractors by individual section, whichever provides for the best overall contract price. The project was publicly advertised and specifications were sent to eight (8) potential bidders. Two bids were publicly opened at 11:00 am on October 14. A third bid was not considered. It was rejected, in accordance with City procurement codes, because it was received after the published bid opening time, and after the other bids had been read. A tabulation of the two (2) bids valid bids are listed below: Sheffiel Wright SECTION Tree Service Tree Service Section 1 No Bid $17,150.00 Section 2 No Bid $24,225.00 Section 3 $4,100.00 $5,625.00 Section 4 $6,500.00 $19,875.00 Section 5 $4,800.00 $8,040.00 Section 6 No Bid $28,730.00 Section 7 $4,200.00 $18,150.00 Section 8 $7,400.00 $18,900.00 Tuesday, October 28, 2003 Council Session City of Grand Island City of Grand Island City Council Section 9 $4,600.00 $10,200.00 Section 10 No Bid $20,775.00 Section 11 $6,500.00 $6,960.00 Section 12 $4,500.00 $12,375.00 Section 13 $3,800.00 $16,125.00 Section 14 $4,500.00 $9,025.00 Section 15 $7,600.00 $17,160.00 Section 16 $5,800.00 $19,500.00 Section 17 No Bid $15,450.00 Recommendation: To provide the best project value, it is recommended the Council award sections: 1, 2, and 17 to Wright Tree Service, Inc. of Des Monies, IA in the amount of $56,825.00; and award sections: 3, 4, 5, 7, 8, 14, 15, and 16 to Sheffield Tree Service of Grand Island, NE in the amount of $44,900.00. Section 6, 9, 10, 11, 12, and 13 will not be awarded. Fiscal Effects: The combined total of the lowest recommended bids is $101,725.00. All bids are without exceptions, meet all City contract requirements, and are below the engineer's estimate of $150,000.00. Funds are available for the tree trimming work in Utilities Department Enterprise Fund 520. Alternatives: Do not award the contract. 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: October 14, 2003 at 11:00 a.m. FOR: Tree Trimming Project 2004-TT-1 DEPARTMENT: Utilities ENGINEER’S ESTIMATE: $150,000.00 FUND/ACCOUNT: Enterprise 520 PUBLICATION DATE: September 24, 2003 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Wright Tree Service, Inc. Sheffield Tree Service Des Moines, IA Grand Island, NE Bid Security: Merchants Bonding Co. Western Surety Co. Exceptions: None None Bid Price: Section 1: $17,150.00 No Bid Section 2: 24,225.00 No Bid Section 3: 5,625.00 $4,100.00 Section 4: 19,875.00 6,500.00 Section 5: 8,040.00 4,800.00 Section 6: 28,730.00 No Bid Section 7: 18,150.00 4,200.00 Section 8: 18,900.00 7,400.00 Section 9: 10,200.00 4,600.00 Section 10: 20,775.00 No Bid Section 11: 6,960.00 6,500.00 Section 12: 12,375.00 4,500.00 Section 13: 16,125.00 3,800.00 Section 14: 9,025.00 4,500.00 Section 15: 17,160.00 7,600.00 Section 16: 19,500.00 5,800.00 Section 17: 15,450.00 No Bid cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Ray Micek, Utilities Department City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P861 Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-314 WHEREAS, the City of Grand Island invited bids for Tree Trimming Project 2005-TT-1 for the Utilities Department, according to the plans and specifications on file with the Utility Engineering Office; and WHEREAS, on October 14, 2003, bids were received, opened and reviewed; and WHEREAS, the requested work has been divided into 17 sections in order to achieve the best and lowest cost, and to expedite the completion of the work; and WHEREAS, Sheffield Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $44,900 for Sections 3, 4, 5, 7, 8, 14, 15, and 16 of the contract; and WHEREAS, Wright Tree Service, Inc. of West Des Moines, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $56,825.00 for Sections 1, 2, and 17 of the contract; and WHEREAS, the combined total of the lowest bids for the above-listed eleven sections is less than the engineer's estimate for said project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The bid of Sheffield Tree Service of Grand Island, Nebraska, in the amount of $44,900 for Sections 3, 4, 5, 7, 8, 14, 15, and 16 of Tree Trimming Project 2004-TT-1 is hereby approved as the lowest responsive bid submitted for those sections. 2. The bid of Wright Tree Service, Inc. of West Des Moines, Iowa, in the amount of $56,825.00 for Sections 1, 2, and 17 of Tree Trimming Project 2004-TT-1 is hereby approved as the lowest responsive bid submitted for those sections. 3. A contract for such project be entered into between the City and such contractors; and that 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, October 28, 2003. - 2 - _______________________________________ RaNae Edwards, City Clerk Item G17 #2003-315 - Approving Amendment to Interlocal Agreement with the Central District Health Department The agreement that the City currently has with the Central District Health Department requires that the annual budget be approved by June 15th of each year. The annual budget of the City and County are adopted by August 31st of each year. This resolution has been proposed so that the timing of approving the Central District Health Department budget will be consistent with the timing of adopting the rest of the City budget. This should improve the current budget process by reducing the risk that the Central District Health Department budget would need to be amended due to any variations in the appropriations of the City or the County in their budget process which takes place subsequent to the adoption of the Health Department budget. Approval is recommended. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-315 WHEREAS, on April 23, 2002, by Resolution 2002-119, the City of Grand Island approved its participation in the Central District Health Department and approved an Interlocal Cooperation Agreement for such participation; and WHEREAS, the current agreement requires the health department to provide parties to the agreement a copy of its proposed budget each year by June 1, and to have its budget allocation adopted by June 15 of each year; and WHEREAS, it is recommended that these dates be changed to allow until July 1 to provide copies of the proposed budget, and to have the budget appropriations adopted by August 31 of each year; and WHEREAS, the City Attorney's office has reviewed and approved Amendment 1 to the Interlocal Cooperation Agreement setting out such changes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment 1 to the Interlocal Cooperation Agreement for the Central District Health Department is hereby approved to require the proposed budget to be provided to the parties to the agreement prior to July 1 of each year, and that the budget appropriation for the ensuing fiscal year shall be adopted by August 31 of each year. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item I1 #2003-316 - Approving Bid Award for a Front End Loader for Solid Waste Division of the Public Works Department The Solid Waste Division of the Public Works Department Advertised for bids for a 2004 Model 29,250-pound Four-Wheel Drive Loader. We found there was a need for a loader of a high lift design to replace the Solid Waste Divisions five-year-old loader. Bids were opened on October 9, 2003. Discussion Three local venders provided bids for the replacement loader. Two of the venders bid HIGH LIFT design loaders that had a lift arm clearance at maximum lift of at least 12’6”and were able to provide the complete warranty package. Nebraska Machinery was the only vendor that matched all of the required bid specifications. Vender Exceptions Bid Security Net Bid Price Fairbanks International Inc. (New Holland) 5 exceptions Universal Underwriters $71,800.00 Grand Island, NE 68803 Nebraska Machinery Co. (Caterpillar) No exceptions Fidelity & Deposit Co. $117,891.00 Doniphan, NE 68832 Murphy Tractor and Equipment Co. 2 exceptions Merchants Bonding Co. $123,000.00 (John Deere) Grand Island, NE 68803 List of Exceptions • Fairbanks International: Warranty, Demonstration of equipment non-available at present, Wheels and tires, Lift arm clearance, and No buy back agreement. • Nebraska Machinery: No exceptions • Murphy Tractor and Equipment: Wheels and tires and No buy Back Agreement. All three loaders have four forward gears and three reverse gears. The specifications had called for four gears in each direction, however due to OSHA requirements, industry Tuesday, October 28, 2003 Council Session City of Grand Island City of Grand Island City Council standards have changed to what each manufacturer bid. Recommendation Staff recommends that council pass a resolution awarding the bid to the Nebraska Machinery Co. for one Caterpillar 938G series II High Lift Four Wheel Drive loader in the amount of $117,891.00. Financial Implications There are sufficient funds in account # 50530040-85615, Solid Waste Division Capital Expenditures- Machinery and Equipment to purchase this equipment. Alternatives Award the bid to a different vendor or reject all bids. Staff Contact: Steven P. Riehle, Public Works Director/City Eng 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: October 9, 2003 at 11:00 a.m. FOR: (1) 29,250 lb. Four Wheel Drive Loader DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $210,000.00 FUND/ACCOUNT: 50530040-85615 PUBLICATION DATE: September 23, 2003 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Fairbanks International, Inc. Murphy Tractor & Equipment Co. Grand Island, NE Grand Island, NE Bid Security: Universal Underwriters Inc. Merchants Bonding Co. Exceptions: Noted Noted Bid Price: $146,800.00 $171,000.00 Trade -In: 75,000.00 48,000.00 Net Bid: $ 71,800.00 $123,000.00 Bidder: Nebraska Machinery Company Grand Island, NE Bid Security: Fidelity & Deposit Co. Exceptions: None Bid Price: $182,891.00 Trade -In: 65,000.00 Net Bid: $117,891.00 Evaluation of 4 Wheel Drive Wheel Loaders New Holland Loader offered by Fairbanks Equipment Exceptions Wheels and Tires: There are two loaders at the Transfer Station, one of the loaders is to work inside the Transfer Station and the other loader is used for the outside work. The environment in the Transfer Station is so harsh (nails and debris) that there is one set of tires which is foam filled for use in the Transfer Station and the other set of tires are air filled for outside work. The tires are exchanged between loaders when the loaders are switched from inside the transfer station to outside for an extended period of time. There is need to be able to switch the wheels and tires between loaders. Demonstration: No Demonstration is available for 60 days. The LW170B that is bid is a proto-type and is to tentatively go into production in December or January. High Lift: The New Holland LW 170 B loader is not of a high lift design. The lack of a high lift was not listed as an exception in the bid provided by Fairbanks International. Fairbanks International has not demonstrated that the New Holland LW 170 B will clear a height of 12’ 6”. The height clearance is needed to load the Solid Waste Divisions transfer trailers in an emergency and to regularly load the screener in its normal operating position. Repurchase Agreement: Fairbanks International offered no repurchase agreement for the loader that they bid. The New Holland loaders are not a very common so they do not have a very high trade-in or resale value. The Transfer Station being an especially harsh environment would reduce their value even more. The repurchase agreement is a contract to buy back the loader at any time during the four-year period for a set amount of money based on the age or number of hours, but not on the condition of the loader. This is a guarantee of the value of the machine at trade -in time. Warranty: Fairbanks International warranty says that the first year of ownership the warranty does not cover a replacement loader if our loader is broken down for over 72hrs. The bid specification states that a replacement would be provided after 36hrs for the length of the warranty. Many times the outside loader is loaned to other Pubic Works Departments such as, Waste Water or Streets and Alleys. The Transfer Station requires a functioning loader at all times that it is open to push up trash and load transfer trailers. John Deere Loader offered by Murphy Tractor and Equipment Exceptions Wheels and Tires: There are two loaders at the Transfer Station, one of the loaders is to work inside the Transfer Station and the other loader is used for the outside work. The environment in the Transfer Station is so harsh (nails and debris) that there is one set of tires which is foam fille d for use in the Transfer Station and the other set of tires are air filled for outside work. The tires are exchanged between loaders when the loaders are switched from inside the transfer station to outside for an extended period of time. There is need to be able to switch the wheels and tires between loaders. Repurchase Agreement Murphy Tractor and Equipment offered no repurchase agreement for the loader that they bid. The repurchase agreement is a contract to buy back the loader at any time during the four-year period for a set amount of money based on the age or number of hours, but not on the condition of the loader. This is a guarantee of the value of the machine at trade-in time. 4 Wheel Drive Loader Cost Comparison New Holland Loader John Deer Loader Caterpillar Loader Fairbanks of G.I.Murphy Equipment Nebraska Machinery Base Bid $146,800.00 $171,000.00 $182,891.00 Trade-in $75,000.00 $48,000.00 $65,000.00 *Fuel Consumption (gal/hr)6.51 5.90 5.50 **Annual Fuel Cost $6,379.80 $5,782.00 $5,390.00 Four Year Fuel Cost $25,519.20 $23,128.00 $21,560.00 ***Maintenance Cost $0.00 $0.00 $0.00 ****Worth in 4 years $30,000.00 *****$62,000.00 $74,500.00 Buy Back Agreement Total Cost for Four Years $67,319.20 $84,128.00 $64,951.00 Cost / year $16,829.80 $21,032.00 $16,237.75 Cost / hour $16.83 $21.03 $16.24 *Fuel use data was furnished by the manufacturer. **Costs are based on equipment operating a 1000 hrs/ year and $0.98 / gal. of fuel. ***Maintenance costs are included in the purchase agreement. ****No repurchase agreement was given from Murphy Equipment or from Fairbanks Equipment, so Machinery Trader .com was used to determine comparable trade in prices for a four year old John Deere and New Holland. *****Only one 3.5 year old New Holland LW 170 loader was found on Machinery Trader and it sold for $57,000.00 and it had a very low number of hours (1600) while four year old John Deere and Caterpillar loaders had a greater value with a greater number of hours. New Holland loaders are not very popular so finding comparable trade-in pricing for a four year old New Holland loader is very difficult. The $57,000.00 trade price was reduced by $27,000.00 (2400 hrs x $10.00) = $24,000.00 plus $3000.00 for the environment it would be running in. Buy Back Agreement No repurchase agreement was given from Murphy Equipment or from Fairbanks Equipment, so Machinery Trader .com was used to determine Only one 3.5 year old New Holland LW 170 loader was found on Machinery Trader and it sold for $57,000.00 and it had a very low number of hours (1600) The $57,000.00 trade price was reduced by $27,000.00 (2400 hrs x $10.00) = $24,000.00 plus $3000.00 for the environment it would be running in. Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-316 WHEREAS, the City of Grand Island invited sealed bids for one (1) 29,250 pound Four Wheel Drive Loader, according to plans and specifications on file with the City Engineer; and WHEREAS, on October 9, 2003, bids were received, opened and reviewed; and WHEREAS, Nebraska Machinery Co. of Doniphan, 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 $117,891.00; and WHEREAS, Nebraska Machinery Co.'s bid is less than the estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Machinery Co. of Doniphan, Nebraska, in the amount of $117,891.00 for one Caterpillar 938G Series II High Lift Four Wheel Drive Loader is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item I2 #2003-317 - Approving Discontinuation of Sanitary Sewer District No. 511 - Dale Roush 1st & 2nd Subdivisions Sanitary Sewer District 511 was created by the City Council on September 9, 2003. Legal Notice of the creation of the District was published in the Grand Island Independent on September 16, 2003. A letter with a copy of the Ordinance and Notice was also mailed to all property owners on September 16, 2003. Discussion Sanitary Sewer District 511 completed the 30-day protest period at 5:00 p.m. Thursday, October 16, 2003. There were protests filed against this District by sixty-four abutting property owners. These owners represented 7,224.55 front feet, or 54.3% of the total District frontage of 13,307.5 feet. Recommendation According to Nebraska Statute 16-667.01 Council must discontinue the District. Alternatives None. If Council would like to create a Sanitary Sewer District for the Subdivision and force the improvements because of public health concerns, another district would have to be created. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Eng City of Grand Island City Council Approved as to Form ¤ ___________ October 23, 2003 ¤ City Attorney R E S O L U T I O N 2003-317 WHEREAS, Sanitary Sewer District No. 511 was created by Ordinance No. 8838 on September 9, 2003; and WHEREAS, notice of the creation of such Sanitary Sewer District No. 511 was published in the Grand Island Independent, in accordance with the provisions of Section 16-619 et seq., Neb. Rev. Stat. 1943; and WHEREAS, Section 16-620, Neb. R.R.S. 1943, provides that if owners of record title representing more than 50% of the front footage of the property abutting or adjoining the streets, avenues or alleys, or parts thereof to be improved in any district shall file with the City Clerk within thirty days from the first publication of said notice written objections to the sanitary sewer district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, protests were filed with the City Clerk against the creation of Sanitary Sewer District No. 511 by abutting property owners representing 54.3% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests having been filed with the City Clerk against the creation of Sanitary Sewer District No. 511, such district should not be continued and the ordinance which created said district shall be repealed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 28, 2003. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of October 15, 2003 through October 28, 2003 The Claims for the period of October 15, 2003 through October 28, 2003 for a total of $2,329,519.97. A MOTION is in order. Tuesday, October 28, 2003 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council