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04-13-2004 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 13, 2004 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer 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 Robert Stretch, Berean Bible Church, 4116 West Capital Avenue MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Proclamation "Community Development Week" April 12-18, 2004 Because Nebraska's communities and neighborhoods are the foundation for providing a high quality of life for its residents and the City of Grand Island has actively supported Community Development activities, the Mayor has proclaimed the week of April 12-18, 2004 as "Community Development Week" and encourages all citizens to support activities during this week and throughout the year by building strong individuals, proud families, and vibrant communities. See attached PROCLAMATION. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item C2 Proclamation "April is for the Arts" Month, April 2004 Whereas, the Arts and Humanities contribute to the betterment of our community and the enrichment of our daily lives. The City along with the Moonshell Arts & Humanities Council has designated April as the month to celebrate the Arts & Humanities in Grand Island and recognize those that teach, support, participate or simply appreciate the Arts and Humanities in Grand Island. The Mayor has proclaimed "April for the Arts" month, 2004. See attached PROCLAMATION. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item C3 Proclamation "National Library Week" April 18-24, 2004 "A Lifetime of Learning @ Your Library" is the local theme for this year's celebration of National Library Week, April 18th through the 24th. This year also marks the 30th year of the Edith Abbott Memorial Library building, and after a week of activities the library will be hosting an open house/donor wall dedication on April 24th to honor the past and plan for the future of our library facilities. The Mayor has proclaimed the Week of April 18-24, 2004 as "National Library Week". See attached PROCLAMATION. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Item C4 Recognition of Parks and Recreation Director Steve Paustian for 25 Years of Service with the Grand Island Parks and Recreation Department Mayor Vavricek and the City Council will recognize Steve Paustian, Parks and Recreation Director for 25 years of service with the City. Mr. Paustian was hired on April 10, 1979 as Recreation Superintendent. He was promoted to Parks and Recreation Director on February 1, 1982. We congratulate Mr. Paustian for his dedication and service to the City of Grand Island. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E1 Public Hearing on Request of Gas 'N Shop, Inc. dba Gas 'N Shop, 3320 Langenheder Street for a Class "B" Liquor License Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: April 13, 2004 Subject: Public Hearing on Request of Gas ‘N Shop, Inc. dba Gas ‘N Shop, 3320 Langenheder Street for a Class “B” Liquor License Item #’s: E-1 & G-3 Presenter(s): RaNae Edwards Background In 2002, the City of Grand Island annexed several properties into the City limits. Gas ‘N Shop, Inc. dba Gas ‘N Shop located at 3320 Langenheder Street was one of those properties. They currently have a Liquor License through Hall County. A new application for a Class “B” Liquor License has been filed with the Liquor Control Commission and received by the City on March 17, 2004. A Class “B” Liquor License allows for the sale of alcohol off sale only within the corporate limits of the City. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Gas ‘N Shop for a Class “B” Liquor License. 2. Disapprove or /Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Table the issue. Recommendation City Administration recommends that the Council approve this request contingent upon final inspections. Sample Motion Approve the request of Gas ‘N Shop, Inc. dba Gas ‘N Shop, 3320 Langenheder Street for a Class “B” Liquor License. Item E2 Public Hearing on Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road, Suite 5 for a Class "I" Liquor License Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: April 13, 2004 Subject: Public Hearing on Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road, Suite 5 for a Class “I” Liquor License Item #’s: E-2 & G-5 Presenter(s): RaNae Edwards Background In 2002, the City of Grand Island annexed several properties into the City limits. Flight Deck Restaurant & Lounge located at 3773 Sky Park Road was one of those properties. They currently have a Liquor License through Hall County. A new application for a Class “I” Liquor License has been filed with the Liquor Control Commission and received by the City on March 29, 2004. A Class “I” Liquor License allows for the sale of alcohol on sale only within the corporate limits of the City. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Flight Deck Restaurant & Lounge for a Class “I” Liquor License. 2. Disapprove or /Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Table the issue. Recommendation City Administration recommends that the Council approve this request contingent upon final inspections. Sample Motion Approve the request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road, Suite 5 for a Class “I” Liquor License. Item E3 Public Hearing on Acquisition of Utility Easement Located at 3200 Bachman Street (Lyman-Richey Corporation) Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 13, 2004 Subject: Acquisition of Utility Easement – 3200 Bachman Street (Lyman-Richey Corporation) Item #’s: E-3 & G-12 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Lyman-Richey Corporation, located along the east side of warehouse of Gerhold Concrete Company located at 3200 Bachman Street, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate underground power lines and pad mounted transformer to serve the new building constructed on the lot. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the acquisition of the easement 2. Disapprove or /Deny the easement 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easeme nt for one dollar ($1.00). Sample Motion Approve the acquisition of the Utility Easement. Item E4 Public Hearing on Acquisition of Property Located at 508 South Shady Bend Road (Jerry and Pamela Miller) Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Doug Walker, City Attorney Meeting: April 13, 2004 Subject: Public Hearing on Purchase of Miller Property located at 508 South Shady Bend Road (Jerry and Pamela Miller) Item #’s: E-4 & I-1 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background A public hearing must be held and Council action must be taken by resolution for the City of Grand Island to acquire property. Jerry and Pamela Miller own the property at 508 Shady Bend Road and have agreed to sell there property as part of the overall settlement of the litigation that was initiated by the Millers in 2003. Discussion The settlement of the lawsuit is in the total amount of $200,000. This property is being acquired for $175,000 of the total. The remaining $25,000 of the settlement is for partial reimbursement of the Miller’s expenses including remediation of the algae growth, fish kill problems, and water quality testing in their lake. The Millers property was appraised for $175,000 in an appraisal done several months ago by a certified appraiser. The appraisal was part of establishing an acquisition price for the real estate and an overall settlement for the lawsuit. An appraisal was also done to comply with the requirements of Nebraska Revised Statute Section 13-403 which requires municipalities to obtain an appraisal of real property purchased for more than $100,000. Alternatives 1. Approve the acquisition of the Miller Property. 2. Disapprove or /Deny the acquisition of the Miller property. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the purchase of the Miller Property for $175,000 and pass a resolution authorizing the Mayor to sign a purchase agreement with the Millers and approve the overall settlement of all legal issues in the lawsuit. Sample Motion Move to approve the acquisition of the Miller Property. Item E5 Public Hearing on Acquisition of Utility Easement Along and Within Proposed Pleasant View Thirteenth Subdivision (GNR Development Corporation) Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: April 13, 2004 Subject: Public Hearing on Acquisition of Utility Easement Located North of Fonner Park Road and South of South Street Along and Within the Proposed Pleasant View 13th Subdivision Item #’s: E-5 & G-19 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background Council action is necessary for the City of Grand Island to acquire public easements. The Public Works department needs to acquire an easement in the proposed Pleasant View Thirteenth Subdivision located North of Fonner Park Road and South of South Street. Discussion This easement will be used in order to have access to install, upgrade, maintain, and repair public utilities including but not limited to sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, surface markers, and other appurtenances, upon, over, along, in, underneath and through the tract of land. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the acquisition of the easement. 2. Disapprove or /Deny the acquisition of the easement. 3. Modify the request to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve the acquisition of the Utility Easement. Item F1 #8896 - Consideration of Creation of Sanitary Sewer No. 515, Dale Roush Subdivision (Indian Acres) Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: April 13, 2004 Subject: Consideration of Creation of Sanitary Sewer No. 515, Dale Roush Subdivision (Indian Acres) Item #’s: F-1 Presenter(s): Steven P. Riehle, P.E., Director of Public Works 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 submitted by residents in the area requesting the creation of a sanitary sewer district. Districts have been created four times in the past. The last two districts which were created in January 2002 and August 2003, were protested out by a narrow margin. Sanitary sewer service is needed in this area and the petitioners are optimistic that the district will pass protest. Public Works staff has been working on design of this district. Alternatives 1. Approve the recommendation to create Sanitary Sewer District 515. 2. Disapprove or /Deny the creation of the District. 3. Modify the recommendation to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the creatio n of Sanitary Sewer District 515. A ten (10) year assessment period is recommended. Sample Motion Move to approve the creation of Sanitary Sewer District # 515. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney ORDINANCE NO. 8896 An ordinance creating Sanitary Sewer District No. 515 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. 515 is hereby created for the construction of eight (8) inch and ten (10) inch sanitary sewer mains and appurtenances thereto in a part of Dale Roush Subdivision, Dale Roush Second Subdivision and Section Fourteen (14), 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: Beginning at the northwest corner of Lot Thirty Three (33), Block One (1) Dale Roush Second Subdivision; thence east on the north line of Dale Roush Second Subdivision to the northeast corner of Lot Twenty Five (25), Block One (1) Dale * This Space Reserved for Register of Deeds * ORDINANCE NO. 8896 (Cont.) - 2 - Roush Second Subdivision; the nce north on a line Three Hundred Twenty Two and Three Hundredths (322.03) feet west of and parallel to the east line of the Southeast Quarter of the Northwest Quarter (SE¼ NW¼) of Section 14-11-10 for a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet; thence east on a line Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet north of and parallel to the north line of Dale Roush Second Subdivision for a distance of Three Hundred Twenty Two and Three Hundredths (322.03) feet to a point on the east line of the SE¼ NW¼ of Section 14-11-10; thence south on the east line of the SE¼ NW¼ of Section 14-11-10 a distance of Two Hundred Seventy Nine and Eighteen Hundredths (279.18) feet to the southeast corner of the SE¼ NW¼ of Section 14-11-10 said point also being the northeast corner of Dale Roush Second Subdivision; thence south on the east line of Dale Roush Second Subdivision to a point Thirty Three (33.0) feet south of the south line of Section 14-11-10; thence west on a line Thirty Three (33.0) feet south of and parallel to the south line of Section 14-11-10 to a point on a line being a prolongation of the west line of Dale Roush Second Subdivision; thence north on the west line of Dale Roush Second Subdivision and a prolongation thereof to the point of beginning, all as shown on the plat dated April 5, 2004, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvement 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 payme nt 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. 8896 (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: April 13, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of March 23, 2004 City Council Regular Meeting The Minutes of March 23, 2004 City Council Regular Meeting are submitted for approval. See attached MINTUES. Tuesday, April 13, 2004 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 March 23, 2004 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 March 23, 2004. Notice of the meeting was given in the Grand Island Independent on March 17, 2004. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nicerkson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. PLEDGE OF ALLEGIANCE was said followed by the INVOCATION given by Pastor Cheryl Lamb, First Presbyterian Church, 2103 West Anna Street. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Six individuals reserved time to speak on agenda items. MAYOR COMMUNICATION: Mayor Vavricek commented on the following: 1. This is the season for severe weather and to plan ahead 2. Street construction 3. Acknowledged the Chamber of Commerce for recognizing outstanding senior scholars 4. Challenged the Economic Development Corporation to work with Kearney and Hastings with regard to recruiting businesses to bring more jobs to the area. Also commended the work of EDC. 5. Introduced Paul Briseno, Executive Assistant to the City of Grand Island PRESENTATIONS AND PROCLAMATIONS: Proclamation “Irene Abernethy Day” March 28, 2004. The Mayor proclaimed March 28, 2004 as “Irene Abernethy Day”. Irene Abernethy was present to receive her proclamation. Proclamation “Child Abuse Prevention Month” April 2004. The Mayor proclaimed the month of April 2004 as “Child Abuse Prevention Month”. Cathy Vega and members of Girl Scout Troop 711 were present to receive the proclamation. Proclamation “Minority Health Month” April 2004 and “Public Health Week” April 5-11, 2004. The Mayor proclaimed the month of April 2004 as “Minority Health Month” and April 5-11, 2004 as “Public Health Week”. Jane Miller and Lisa Heineman from the Central District Health Department were present to receive the proclamation. Page 2, City Council Regular Meeting, March 23, 2004 Presentation by Shonsey & Associates for FY 2003 City Single Audit and General Purpose Financial Statements. Terry Galloway of Shonsey & Associates gave a report on the audited financial statements for the year ended September 30, 2003. Mr. Galloway stated that the City was financially in great shape. A few recommendations were made, such as increasing electric rates. PUBLIC HEARINGS: Public Hearing on Acquisition of Property at 1209 – 1219 West North Front Street. Gary Mader, Utilities Director reported that the Electric Department, Line Division and Underground offices, shops and storage facilities were located in the 1100 block of West North Front Street. Due to the growth of the Utility’s electric division, more property was required for storage of large materials and construction equipment. The Thompson Building warehouse facility located at 1209-1219 West North Front Street was available for purchase in the amount of $350,000.00. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3990 West Capital Avenue. (Grand Island Retirement, LLC) Gary Mader, Utilities Department Director reported that acquisition of a utility easement located at 3990 West Capital Avenue was required in order to have access and locate a pad-mounted transformer. This easement would be used to serve electricity to the new Primrose facility. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way and Permanent Drainage Easement Along Midaro Drive. (Amy Anderson and Emily Anderson) Steve Riehle, Public Works Director reported that acquisition of right-of-way and permanent drainage easement located along Midaro Drive was required in order to grade Midaro Drive per the plans and specifications of the Firethorn Estates Subdivision. No public testimony was heard. Public Hearing on Acquisition of Permanent Drainage Easement Located at 225 Midaro Drive. (Marlene Roush) Steve Riehle, Public Works Director reported that acquisition of permanent drainage easement located at 225 Midaro Drive was required in order to grade Midaro Drive per the plans and specifications of the Firethorn Estates Subdivision. No public testimony was heard. Public Hearing on Amending Chapter 2 of the Grand Island City Code to Include the Economic Development Program and Regulations for the Operation of the Citizens’ Review Committee. Doug Walker, City Attorney reported that the Economic Development Program which was adopted by the city in 2003 included the establishment of a Citizens’ Advisory Review Committee. The original program did not include some details specifying how the Committee was to be organized and operated. The recommendation was to include these requirements and more closely follow state statutory requirements. No public testimony was heard. Public Hearing on Concerning the Semi-Annual Report by the Citizens’ Advisory Review Committee on the Economic Development Program Plan. Tim White, Chairman of the Citizens’ Advisory Review Committee reported that the Economic Development Program required the Citizens’ Advisory Review Committee to give a report to the City Council on its findings and Page 3, City Council Regular Meeting, March 23, 2004 suggestions at a public hearing called for that purpose at least once in every six-month period after the effective date of the ordinance. Mr. White reported that the committee had met several times and had established procedures and policy along with confidential issues. Mentioned were two pending applications, one from Standard Iron and the other from Heritage Storage and Disposal at the Cornhusker Army Ammunition Plant. No public testimony was heard. Public Hearing Concerning Budget Amendments. David Springer, Finance Director reported that a budget amendment was needed to 1) create a separate Program Fund for the $750,000 to the Grand Island Economic Development Corporation, and 2) record the unbudgeted short term credit line from Wells Fargo and the unbudgeted appropriation to repay this loan. 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 ordinances numbered: #8889 – Consideration of Amending Chapter 2 of the Grand Island City Code to Include the Economic Development Program #8892 – Consideration of Creation of Sanitary Sewer District No. 513, Gosda Subdivision Along Lillie Drive West on North Road #8893 – Consideration of Creation of Sanitary Sewer District No. 514 Along West 13th Street West of Branding Iron Lane #8894 – Consideration of Budget Amendment be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage. Counc ilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Mayor: Is there any one in the audience interested in these Ordinances? No public comment was heard. City Clerk: Ordinances #8889, #8892, #8893, and #8894 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #8889, #8892, #8893, and #8894 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8889, #8892, #8893, and #8894 are declared to be lawfully passed and adopted upon publication as required by law. Page 4, City Council Regular Meeting, March 23, 2004 Motion was made by Whitesides, second by Hornady to refer Ordinance #8895 to the April 6, 2004 City Council Study Session. Rich Ludvik, 1752 County Road E, Wahoo, Nebraska representing Ka-Boomers requested to speak regarding changes to the fireworks. It was decided that since there were several people present to speak regarding this issue, that it would be appropriate to wait until the Study Session on April 6, 2004. Upon roll call vote, Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, and Haase voted aye. Councilmember Walker voted no. Motion adopted. #8895 – Consideration of Amending Chapter 16 of the Grand Island City Code Pertaining to Fireworks CONSENT AGENDA: Motion by Hornday, second by Cornelius, to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Receipt of the Economic Development Program Plan Report. Approving Minutes of March 9, 2004 City Council Regular Meeting. Approving Minutes of March 16, 2004 City Council Special Meeting. Approving the Appointments of Lori Hock and Karl Kostbahn to the Library Board. Approving the Appointment of Bobby Ranard to the Community Development Advisory Committee. #2004-58 – Approving Acquisition of Property at 1209 – 1219 West North Front Street. #2004-59 – Approving Acquisition of Utility Easement Located at 3990 West Capital Avenue. (Grand Island Retirement, LLC) #2004-60 – Approving Acquisition of Right-of-Way and Permanent Drainage Easement Located Along Midaro Drive. (Amy and Emily Anderson) #2004-61 – Approving Acquisition of Permanent Drainage Easement Located at 225 Midaro Drive. (Marlene Roush) #2004-62 – Approving Bid Award for Picnic Shelter with Fry and Associates, Inc. of North Kansas City, Missouri in an Amount of $52,265.00. #2004-63 – Approving Land for the Purpose of Public Park and Public Outdoor Recreation Under the Land and Water Conservation Fund Act at the Grand Island Skeet Range. #2004-64 – Approving Bid Award for (1) 2004 Four-Door Police Vehicle with Anderson Ford Lincoln Mercury of Grand Island, Nebraska in an Amount of $23,484.00 less trade-in of $4,700.00 for a Net Price of $18,784.00. Page 5, City Council Regular Meeting, March 23, 2004 #2004-65 – Approving the Date of April 27, 2004 for Board of Equalization for Annual Mowing Assessments. #2004-66 – Approving Subordination Agreement for House Purchased Under CDBG Down Payment Assistance Program. (Jonell Ann Vogt fka Jonell Ann Wilsey) #2004-67 – Approving Change Order #1 with Schmader Electric Construction Co. of West Point, Nebraska for Contract No. 04-PPC-01, Transmission Line Work with an Increase of $14,395.90 and a Revised Contract Amount of $446,341.42. #2004-68 – Approving Certificate of Final Completion with Starostka Group Company of Grand Island, Nebraska and Setting the Board of Equalization Date of April 27, 2004 for Water Main District 441 and 442T (Faidley Avenue). #2004-69 – Approving Bid Award for (2) Police Motorcycles with Harley Davidson Central of Grand Island, Nebraska in an Amount of $28,010.00. Councilmember Pielstick voted no. #2004-70 – Approving Contract for Engineering Services for Stolley Park Arboretum with Clark-Enersen Partners of Lincoln, Nebraska in an Amount of $25,130.00. #2004-71 – Approving Rescheduling the Date for Board of Equalization for Sanitary Sewer District No. 507 to April 27, 2004. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady, carried unanimously to approve the Claims for the period of March 10, 2004 through March 23, 2004, for a total amount of $4,058,738.44. Councilmember Pielstick abstained from claim #65598. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G2 Approving Minutes of April 6, 2004 City Council Study Session The Minutes of April 6, 2004 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, April 13, 2004 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 April 6, 2004 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 April 6, 2004. Notice of the meeting was given in the Grand Island Independent on March 31, 2004. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. Councilmember Gilbert was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Doug Walker and Public Works Director Steve Riehle. RESERVE TIME TO SPEAK ON AGENDA ITEMS: Nineteen individuals reserved time to speak on agenda items. MAYOR COMMUNICATION: Mayor Vavricek introduced Jennifer Fuller newly hired Public Informatio n Officer. Discussion Concerning Amending Chapter 16 of the Grand Island City Code Relative to Fireworks. Fire Chief Jim Rowell stated that fireworks sales and discharge regulations had been in effect for cities in Nebraska for many decades. It had always been a struggle to find a balance between safety and celebration concerning this issue. Originally, this issue was placed on the March 23rd Council Meeting for consideration. There was a great deal of public input on the issue, which indicated a need for a more in depth review on the subject. The State Fire Marshall’s office had provided guidelines for the regulation of fireworks, but the City had the ability to adopt local regulations to ensure local control of the practice of celebrating the 4th of July and other important events. The City of Grand Island had been looking at our fireworks regulations in order to update our code to accomplish the following: · Eliminate duplication and streamline the permitting process · Increase and insure safety · Allow for the appropriate celebration of special events · Mirror newer regulations implemented by the State An ordinance had been drafted with the review and input of the Fire, Police, Building, Legal and Administration Departments. This ordinance would change the City Code with the aforementioned goals in mind. Many of the changes were descriptive or minor housekeeping Page 2, City Council Study Session, April 6, 2004 adjustments. However, there were substantive changes that were policy concerns that would change the direction of the law. Following is a brief description of the substantive changes proposed: · Days of sale shortened from June 24th - July 4th to July 1st –July 4th · Hours changed for Discharging & Sale from 8 AM to 11 PM to: 10 AM to 10 PM for sale of fireworks 10 AM to 11 PM July 1-3 for discharge of fireworks 10 AM to 12 Midnight July 4th for discharge of fireworks · Ban all direct public access to fireworks in fireworks stands · Ban all unattached signs concerning fire stands · Change process for permitting fire stands to make Fire Department One Stop location · Delineate fireworks can not be discharged within 300 feet of a fire works stand · Allow for approval process of special events discharge of fireworks during the year · Establish throwing fireworks as a class III misdemeanor · The size of fireworks stands allowed changed from 300 to 320 square feet. This would accommodate the use of 8’ X 40’spaces such as semi trailers. It was noted that City Administration had contacted organizations that received fireworks permits to assure they knew about the Stud y Session on this issue. Councilmember Hornady made a speech on the meaning of the 4th of July and why we celebrate it. Ms. Hornady supported not changing the time of sales and discharge. This was followed by a standing ovation. Councilmember Walker questioned the reason for shortening the time frame. Chief Rowell stated that it was a safety issue. It would impact the Police and Fire Departments in response calls. Mr. Walker stated the biggest complaints he had received was those people working and wanted to see shortening the hours for discharging. Councilmember Meyer stated he would like to see just seven days available to sell fireworks and supported the ban on selling out of semi-trailers. Councilmember Cornelius questioned the selling of over-the-counter with regards to semi-trailers. Chief Rowell stated that the trailers could store their fireworks in the trailers but this Ordinance would restrict patrons from going into the trailers. Ms. Cornelius supported the full eight days but would encourage shorter time to discharge. Councilmember Pielstick commented on the importance of patriotism and encouraged parents to teach their children the importance of safety. Councilmember Haase questioned throwing Page 3, City Council Study Session, April 6, 2004 fireworks in the street. Chief Rowell stated that it was illegal to use public right-of-way, such as streets for discharging fireworks. City Attorney Doug Walker commented that using city streets had not been a problem. City Administrator Gary Greer stated that in the Ordinance, discharging fireworks on the right-of-way was prohibited because of the liability to the city. Councilmember Whitesides questioned who was involved in creating this ordinance. Chief Rowell stated the Fire, Police, Building, Legal and City Clerk’s office were involved. Mr. Whitesides complemented these individuals for their hard work. He stated that no matter what restrictions we put on fireworks, there would be those that would not follow it. Police Chief Hetrick commented on statistics with regards to the date of sales and calls relating to fireworks. Councilmember Nickerson stated he hoped we would not wait for an accident before we do something. He stated we need to be proactive on this issue. Mentioned was a balance between celebration, pubic safety, and quality of life. Mayor Vavricek commented on the time for discharging fireworks and that it’s barely dark by 10:00 p.m.. Mentioned was the survey done by City Clerk and City Administrator with regards to the cost of the permits. The following individuals spoke with regards to the firework changes proposed: Paul Leech, 924 East Nebraska Avenue – opposed Ken Enck, 619 North Sherman Avenue - opposed Rich Ludvick, 1752 County Road E, Wahoo, Nebraska – opposed Justin Geis, 2203 North Lafayette – opposed Joe DeLeon, 404 West 12th Street – opposed Casey Oldiron, 626 South Colorado, Hastings, Nebraska – commented on fire safety Dianne Orr, 1623 West Koenig – opposed Teri Urbanski, 1824 Grand Island Ave – opposed - suggested 12:00 midnight on July 3rd Virginia Juett, 422 East 9th Street – opposed Rhonda Barker, 608 West 15th Street – opposed Margie Kolar, 1739 South Ingalls Street – opposed Glendale Reiss, 910 North Boggs Street – opposed Lynn Mayhew, 2221 West Anna Street – opposed Mike Miller, 15101 Munridge Road, Lincoln, Nebraska - opposed Donna Wratten, 605 East Bismark Road – opposed Marv Kolar, 1739 South Ingalls Street – opposed - suggested educating the public Kelly Baier, 216 Beachwood Drive – opposed Jerry Pankoke, 818 West Anna Street – opposed Laura Dext er, 4076 Zola Lane - opposed Several Councilmember’s stated that this issue needed to be looked at further and not be placed on the next regular meeting. Craig Lewis, Building Department Director commented on the process of issuing firework permits and inspecting those stands. City Clerk RaNae Edwards commented on pending permits, Page 4, City Council Study Session, April 6, 2004 fees, and applications. Gary Greer, City Administrator stated that this issue would be studied further by city staff and be brought back with those housekeeping issues that were discussed and agreed upon within the next 30 days. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Request of Gas 'N Shop, Inc. dba Gas 'N Shop, 3320 Langenheder Street for a Class "B" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G4 Approving Request of Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska for Liquor Manager Designation for Gas 'N Shop, 3320 Langenheder Street Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: April 13, 2004 Subject: Request of Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska for Liquor Manager Designation for Gas ‘N Shop, 3320 Langenheder Street Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-62824” Liquor License for Gars ‘N Shop located at 3320 Langenheder Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Jess Vetrovsky for Liquor Manager Designation in conjunction with the Class “B-62824” Liquor License. 2. Disapprove or /Deny the request. 3. Table the issue Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Jess Vetrovsky, 200 South LaSalle, Beatrice, Nebraska for Liquor Manager Designation for Gas ‘N Shop, 3320 Langenheder Street. Item G5 Approving Request of Bobbi Ritter dba Flight Deck Restaurant & Lounge, 3773 Sky Park Road, Suite 5 for a Class "I" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G6 Approving Preliminary Plat for Richmond Subdivision Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 13, 2004 Subject: Richmond Subdivision - Preliminary Plat Item #’s: G-6 Presenter(s): Chad Nabity Background This final plat proposes to create 13 lots on a parcel of land in the NW ¼ SE ¼ Section 13, Township 11, Range 10. These lots front onto an existing public right-of-way. Discussion This is infill development along Diers Avenue between Old Potash Highway and Faidley Avenue. The developer is proposing to create some additional lots and change the lot configuration from the preliminary plat approved by the Hall County Regional Planning Commission and the Grand Island City Council in 2003. This subdivision meets the requirements for a legal subdivision in Grand Island. The lot sizes and widths are large enough for the B2 General Business Zone. Water and Sewer are available to the subdivision and will be extended to all lots by the developer. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the preliminary plat as presented 2. Modify the preliminary plat to meet the wishes of the Council 3. Table the issue Recommendation Planning Commission recommends that the Council approve the preliminary plat. Sample Motion Approve the Preliminary Plat for the Richmond Subdivision. Item G7 Approving Preliminary Plat for Woodland Park Subdivision Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 13, 2004 Subject: Woodland Park Subdivision - Preliminary Plat Item #’s: G-7 Presenter(s): Chad Nabity Background This final plat proposes to create 159 lots on a parcel of land in the W ½ SE ¼ Section 2, Township 11, Range 10. North of Capital Avenue, between Independence Avenue and Northwest High School. Discussion This is an infill development proposing residential lots ranging from approximately 12,000 to 16,000 square feet. Twelve phases are proposed for the development with between 1 and 3 phased areas to be developed at a time depending on the housing market. The initial phases would be developed north to south along the west side of the property. Comments from the public at the planning commission meeting were concerns with drainage along Independence Avenue, who will be responsible for the cost of putting in the portion of Idaho Avenue necessary to connect to the existing asphalt paving, and the location of a proposed west entrance into Northwest High School. The development will include a closed storm sewer system built along with the phasing of the development. Starting with the development at the north end of the property will allow them to tie into existing drainage structures and build their structures as the property is developed. The Grand Island Public works department has approved the proposed drainage plans. The Grand Island Public Works Department will review the storm sewer system north of the proposed development to ensure that there is adequate capacity to accommodate this development. The developers indicated that they would pay the cost to transition from a concrete curb and gutter street to the existing asphalt section of Idaho Avenue north of the proposed development. They will be required to build the 37’ street to the development property line. A transition to match the existing asphalt streets would be built in the existing ROW north of the development. As this phase (proposed phase 6) develops, language to this effect should be added to the subdivision agreement for the final plat. The third major item of discussion was access to Northwest High School. Superintendent Bill Mowinkle stated that the school would like west access from this subdivision to their property. They would prefer that the access is across the north property line of the development from the school parking lots onto Idaho Avenue. Scott Eriksen, a neighboring property owner indicated his support for the entrance but requested that it be located so it would empty directly into the proposed New Mexico Avenue rather than ending at a “T” type of driveway onto Idaho Avenue. Jim Eriksen, a former Northwest High School board member also supported the west entrance. The “T” into Idaho would force a turning movement for drivers at the end of the access and would disperse school traffic both north and south from the driveway. The entrance directly onto New Mexico Avenue would not force a turning movement and would encourage traffic to continue west along the new residential street to Independence. This would be a long, wide, straight, residential street between a high school parking lot and a collector street. It is likely that speeding will be a problem in this area regardless of where the driveway intersects with Idaho Avenue. The developers have indicated a willingness to work with Northwest High School toward developing a west access for the school. The city typically only requires access to adjoining properties whe n that access is for a public street. Northwest High School is proposing a gated access drive not a public street. This subdivision meets the requirements for a legal subdivision in Grand Island. The proposed new zoning map for the City of Grand Island would zone this property into R1-Suburban Density and R2-Low Density Residential. The property is currently zoned TA Transitional Agriculture. The lot sizes and widths are large enough for R1-Suburban Density and R2-Low Density Residential zoning districts but would not be sufficient for the current TA-Transitional Agriculture or propose LLR-Large Lot Residential zoning districts. Trunk line water and sewer is available to the subdivision along Independence and will be extended to all lots by the developer. The fact that water and sewer are available and will be extended to all lots justifies allowing the higher density of the R1 and/or R2 zoning districts. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the preliminary plat as presented 2. Modify the preliminary plat to meet the wishes of the Council 3. Table the issue Recommendation Planning Commission recommends that the Council approve the preliminary plat. Sample Motion Approve the Preliminary Plat for Woodland Park Subdivision as presented. Item G8 #2004-72 - Approving Final Plat and Subdivision Agreement for Richmond Fourth Subdivision Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: April 13, 2004 Subject: Richmond Fourth Subdivision - Final Plat Item #’s: G-8 Presenter(s): Chad Nabity Background This final plat proposes to create 6 lots on a parcel of land in the NW ¼ SE ¼ Section 13, Township 11, Range 10. These lots front onto an existing public right-of-way. Discussion This is infill development along Diers Avenue between Old Potash Highway and Faidley Avenue. This development of 6 lots is consistent with the preliminary plat presented for approval at the April 13 meeting of the Grand Island City Council. A utility easement is needed along the eastern edge of lots 1 and 2 extending from the south property line to 20 feet into lot 2. This utility easement needs to be a 20 feet wide. The owner/developer of the property is working with the neighboring property owner to the east to place 10 feet of the 20 foot easement onto the neighboring property. Planning commission did recommend approval of the final plat with the provision that this easement be granted at a minimum width of 20 feet allowing that part of the easement may be place on adjoining property. This subdivision meets the requirements for a legal subdivision in Grand Island. The lot sizes and widths are large enough for the B2 General Business Zone. Water and sewer are available to the subdivision and will be extended to all lots by the developer. Standard subdivision agreements will apply to this subdivision. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat and Subdivision agreement as presented 2. Modify the final plat and subdivision agreement to meet the wishes of the Council 3. Table the issue Recommendation Planning Commission recommends that the Council approve the final plat and subdivision agreement. Sample Motion Approve the Richmond Fourth Subdivision and subdivision agreements. SUBDIVISION AGREEMENT RICHMOND FOURTH SUBDIVISION (Lots 1, 2, 3, 4, 5, and 6) In the City of Grand Island, Nebraska The undersigned, Arlington Investment, Inc., a Nebraska corporation, hereinafter called the Subdivider, as owner of a tract of land comprising all of Lot Four (4), Richmond Third Subdivision and a part of the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4), all in Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the northwest corner of Lot Three (3), Richmond Third Subdivision, said point also being on the southerly right-of-way line of Arlington Circle; thence running southerly along the westerly line of Lot Three (3), Richmond Third Subdivision, on an Assumed Bearing of S00º04'59"W, a distance of Two Hundred Eighty Seven and Sixty One Hundredths (287.61) feet, to the southwest corner of Lot Three (3), Richmond Third Subdivision, to a point on the north line of Commonwealth Business Park Third Subdivision and to a point on the southerly line of said Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4); thence running N89º03'02"W, along the northerly line of - 2 - Commonwealth Business Park Third Subdivision, and the southerly line of said Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4), a distance of Three Hundred Seventy Four (374.00) feet; thence running N00º04'59"E, a distance of Three Hundred Forty Six and Eighty Five Hundredths (346.85) feet; thence running N89º10'01"W, a distance of Nineteen and Two Hundredths (19.02) feet; thence running N00º04'59"E, a distance of Two Hundred Twenty (220.00) feet, to a point on the southerly line of Richmond Subdivision; thence running S89º10'01"E, along the southerly line of Richmond Subdivision, a distance of Two Hundred Eighty One (281.00) feet, to the northwest corner of Lot Five (5), Richmond Third Subdivision; thence running S00º04'59"W, a distance of Two Hundred Twenty (220.00) feet, to the southwest corner of Lot Five (5), Richmond Third Subdivision, and to a point on the northerly right-of- way line of Arlington Circle; thence running N89º10'01"W, along the northerly right-of-way line of Arlington Circle, a distance of Forty Five (45.00) feet; thence running S00º04'59"W, a distance of Sixty (60.00) feet, to the northwest corner of said Lot Four (4), Richmond Third Subdivision, and to a point on the southerly right-of-way line of Arlington Circle; thence running S89º10'01"E, along the northerly line of said Lot Four (4), and the southerly right-of-way line of Arlington Circle, a distance of One Hundred Fifty Seven (157.00) feet, to the point of beginning and containing 4.184 acres more or less; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as RICHMOND FOURTH SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the - 3 - acceptance of the plat of said RICHMOND FOURTH SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1. Paving. The Subdivider agrees to pave Arlington Circle and Lexington Circle in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Arlington Circle and Lexington Circle, the City may create a paving district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Arlington Circle and Lexington Circle where they abut the subdivision if it fails to pave these streets as required herein. 2. Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City's inspection. 3. Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City's inspection. 4. Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of- way or to other drainage systems. The drainage plan must be approved by the Director of Public Works. 5. Sidewalks. The Subdivider shall install all public sidewalks as required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the - 4 - building permit for each such lot. The Subdivider agrees to install public sidewalks within one year of the completion of any street improvement in accordance with the City of Grand Island Sidewalk Policy. 6. Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 7. Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a registered professional engineer and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional registered engineer and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a registered professional engineer shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 8. Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as RICHMOND FOURTH SUBDIVISION, and that an abstract of title will be submitted for examination, if necessary, upon request of the City of Grand Island. 9. Successors and Assigns . This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the - 5 - subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2004. ARLINGTON INVESTMENT, INC., a Nebraska corporation, Subdivider By: ____________________________________ John A. Albers, President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2004, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John A. Albers, President of Arlington Investment, Inc., a Nebraska corporation, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the corporation. WITNESS my hand and notarial seal the date above written. ____________________________________ Notary Public CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By: ____________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk - 6 - STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) Before me, a notary public, qualified in said County personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2004-_____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal on _________________________, 2004. ___________________________________________ Notary Public Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-72 WHEREAS, Arlington Investment, Inc., a Nebraska corporation, as owner, has caused to be laid out into lots, a tract of land comprising all of Lot Four (4), Richmond Third Subdivision and a part of the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4), all in Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name of RICHMOND FOURTH 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 RICHMOND FOURTH 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, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G9 #2004-73 - Approving Intent to Enter the Nebraska Community Improvement Program Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma Meeting: April 13, 2004 Subject: Nebraska Community Improvement Program Intent to Enter & Resolution Item #’s: G-9 Presenter(s): Joni Kuzma Background The Nebraska Department of Economic Development, through the Nebraska Community Improvement Program, recognizes and awards Nebraska communities for outstanding activities and projects they have done to enhance leadership, community and economic development. Grand Island has entered the past two years and would like to enter notable projects again this year. Central Nebraska Ethnic Festival was nominated in 2002. Kids Kingdom playground was no minated and won an award in 2003. Discussion The Nebraska Department of Economic Development is inviting nominations for 2004 activities and projects that enhance leadership, community and economic development in Nebraska communities. Grand Island has numerous projects that will be complete by August 31, 2004 or are on-going and notable events. The City of Grand Island may nominate up to five (5) projects in the Blueprint for Success Award category or up to three (3) projects for individual Special Project Awards. Each nomination includes narrative, photos, newspaper clippings and other documentation that highlights each project. In addition, if the City enters in the Blueprint for Success Award category, judges will make a 45-minute site visit to Grand Island to review each of the five projects/activities. The NCIP Intent to Enter must be submitted to the Nebraska Department of Economic Development by May 1, 2004. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the 2004 NCIP Intent to Enter. 2. Disapprove or /Deny the 2004 NCIP Intent to Enter 3. Modify the 2004 NCIP Intent to Enter to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the 2004 NCIP Intent to Enter. Sample Motion Approve the 2004 Nebraska Community Improvement Program Intent to Enter nomination for the City of Grand Island. 2004 INTENT TO ENTER 1. Name of community: Grand Island, Nebraska 2. Names of Officers Chairperson: Joni Kuzma Mailing Address: P.O. Box 1968, (100 E. 1st St.) Grand Island, NE 68802-1968 Day Phone: 308-385-5444, ext. 248 Eve.: 308-384-2220 Fax: 308-385-5423 E-mail: jkuzma@grand-island.com Assistant Chairperson: Jennifer Fuller Mailing Address: PO Box 1968, (100 E. 1st St.) Grand Island, NE 68802-1968 Day Phone: 308-385-5444, ext 148 Eve.: Fax: 308-385-5486 E-mail: jfuller@grand-island.com Person Writing (or Coordinating) Nominations: Joni Kuzma Mailing Address: P.O. Box 1968, (100 E. 1st St.) Grand Island, NE 68802-1968 Day Phone: 308-385-5444, ext. 248 Eve.: 308-384-2220 Fax: 308-385-5423 E-mail: jkuzma@grand-island.com 3. NCIP Contact Person: Joni Kuzma Mailing Address: P.O. Box 1968, (100 E. 1st St.) Grand Island, NE 68802-1968 Day Phone: 308-385-5444, ext. 248 Eve.: 308-384-2220 Fax: 308-385-5423 E-mail: jkuzma@grand-island.com 4. NCIP Options (check all that apply) __ Sustaining NCIP Community _x_ Special Awards _x_ Community Development Awards __ Marilyn Ristine Leadership Award __ Good Neighbor Awards __ Founders Award __ Youth Leadership Award for Outstanding Community Service 5. Release of Information The committee gives the Nebraska Department of Economic Development permission to duplicate the awards nomination information for public distribution, including on Internet. _x_ yes ___ no __________________________________________ signed Chairperson The Office of the Mayor City Of Grand Island State of Nebraska PROCLAMATION WHEREAS, local municipal and county government must provide leadership for improving community and economic development efforts; and WHEREAS, community and economic development needs can best be determined and solved through a cooperative effort between elected officials and the citizens they represent; and WHEREAS, since 1963 the Nebraska Community Improvement Program has helped communities build on their strong heritage and form a vision for their future through community recognition awards, grants and improvement programs; and WHEREAS, the Nebraska Community Improvement Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a means to improve our community; and WHEREAS, the City of Grand Island is interested in participating in the Nebraska Community Improvement Program and herewith pledges full support, endorsement and cooperation in carrying out the requirements of the NCIP; NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, on behalf of the entire city council, do hereby proclaim the City of Grand Island to be an official entrant for the year of 2004. Signed this 13th day of April, 2004: ________________________________________ Mayor of Grand Island, Nebraska Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-73 WHEREAS, local municipal and county government must provide leadership for improving community and economic development efforts; and WHEREAS, community and economic development needs can best be determined and solved through a cooperative effort between elected officials and the citizens they represent; and WHEREAS, the Nebraska Community Improvement Program, administered by the Nebraska Department of Economic Development, has been reviewed and found to be a means to improve our community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council of the City of Grand Island do herewith pledge their full support, endorsement, and cooperation in carrying out the requirements of the Nebraska Community Improvement Program. BE IT FURTHER RESOLVED, that the City of Grand Island urges its citizens to join this effort and hereby declares the City of Grand Island to be an official entrant in the Nebraska Community Improvement Program for the year of 2004. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G10 #2004-74 - Approving Renewal of Leases at Cornhusker Army Ammunition Plat for Storage Buildings Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: April 13, 2004 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-10 Presenter(s): Douglas R. Walker, City Attorney Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the leases on the three storage buildings located on city property at the former Cornhusker Army Ammunition Plant. Discussion The city purchased property at the former Cornhusker Army Ammunition Plant that had several storage buildings located on it. The city has been leasing these three storage buildings to obtain revenue and utilize these assets. The lessees of the three buildings are to Dominion Construction Company, Jerry Harder and the Nebraska State Patrol. Each of these owners would like to renew their lease for another year. There have not been any problems with damage to the property or with non payment of rent and city Parks & Recreation officials are recommending that the Council extend the lease for an additional year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to extend the leases for another year. 2. Disapprove the resolution which would not permit the city to enter into leases for another year. 3. Modify the resolution or the leases to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the leases for an additional year. Sample Motion Approve the resolution authorizing the city to extend the leases for an additional year. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-74 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases provide an automatic one-year renewal if requested by the Lessee's; and WHEREAS, three of the Lessee's of storage buildings have requested that their lease be extended for another year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be extended for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,000/yr. Jerry Harders Fire/guard building $500/yr. Nebraska State Patrol Storage building $500/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G11 #2004-75 - Approving Waiver of Annual Report from NorthWestern Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: April 13, 2004 Subject: Approving Resolution Waiving the Annual Report from Northwestern Public Services Item #’s: G-11 Presenter(s): Douglas R. Walker, City Attorney Background On August 14, 2001, the City Council Island passed Ordinance No. 8687, which approved an agreement with Northwestern Public Services for retail natural gas to be supplied to the city. As part of that agreement, there were provisions for the filing of financial information on or before April 30th of each year so that the city could ascertain whether the rates charged by Northwestern Public Services are reasonable. Northwestern Public Service has filed a Chapter 11 bankruptcy and the current financia l data may change dramatically depending on whether or not the U.S. Bankruptcy Court approves the settlement proposed by Northwestern Public Services. Discussion Ordinance No. 8687 made a provision that Northwestern Public Service would file financial information with the city on or before April 30th of each calendar year so that city officials could ascertain whether or not the return on investment that Northwestern was receiving justified the rates that were being charged. Since this ordinance has been approved, if Northwestern has not requested an annual rate increase, further action has not been taken to implement a full review of the annual financial information provided by Northwestern Public Services. Northwestern Public Services is not requesting a rate increase and they have committed to city officials that they do not plan to seek a rate increase any time prior to April 2005. Since no rate increase is being requested and since Northwestern’s bankruptcy case has a pending settlement proposal, which if accepted by the U.S. Bankruptcy Court could dramatically change the financial status of the company, the usual review of financial information for Northwestern would be difficult and the financial information provided may not accomplish the usual objective of providing reliable data on which to review the status of the company’s gas rates. Because of these factors, the resolution has been prepared to permit Northwestern Public Services to continue with the same gas rates for another year without filing the usual financial information with the city. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution giving Northwestern permission not to file the usual financial information. 2. Disapprove or /Deny the resolution and require Northwestern Public Services to file financial information with the City of Grand Island. 3. Modify the resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution giving Northwestern Public Services permission not to file financial information with the City of Grand Island. Sample Motion Approve the resolution authorizing Northwestern Public Services not to file financial information. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-75 WHEREAS, on August 14, 2001, by Ordinance No. 8687, the City Council of the City of Grand Island, Nebraska, approved increased rates and other provisions concerning natural gas service at retail in the City by NorthWestern Corporation and its operating utility division ("NorthWestern"), as part of the City's acceptance of a rate settlement by and between Northwestern and the Cities of Grand Island, Kearney and North Platte, and the Village of Alda; and WHEREAS, such Ordinance provided that NorthWestern would file information with the City, on or before April 30th of each calendar year, as of the prior year, consistent with certain terms and conditions of the Ordinance, pursuant to the rate of return realignment mechanism of the Ordinance; and WHEREAS, on September 14, 2003, NorthWestern filed a voluntary petition under Chapter 11 of the United States Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware, seeking a reorganization for NorthWestern, and on March 12, 2004, NorthWestern filed a Plan of Reorganization and Disclosure Statement with the Bankruptcy Court; and WHEREAS, such Plan of Reorganization will not be confirmed nor consummated by the Bankruptcy Court for several months, and the City and NorthWestern believe that it would be extremely difficult to prepare and to review the information that NorthWestern would be required to prepare and submit pursuant to the rate of return realignment mechanism provisions of Ordinance No. 8687 while the bankruptcy matter is pending and until the Plan of Reorganization is implemented and NorthWestern emerges from bankruptcy; and WHEREAS, NorthWestern has represented to the City that it does not plan to seek to increase rates for natural gas in the City prior to April 2005. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The April 30, 2004 rate of return realignment mechanism information filing requirement for NorthWestern under Section 3 of Ordinance No. 8687 is hereby waived. 2. All other provisions of Ordinance No 8687, including rate of return realignment mechanism information filing requirements for years subsequent to 2004, are hereby reaffirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G12 #2004-76 - Approving Acquisition of Utility Easement - 3200 Bachman Street (Lyman-Richey Corporation) This item relates to the aforementioned Public Hearing Item E-3. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-76 WHEREAS, a public utility easement is required by the City of Grand Island, from Lyman- Richey Corporation, a Delaware corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on April 13, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Twenty Four (24), Bachman and Lester Subdivision in the City of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: The westerly twenty (20.0) feet of the easterly ninety-six (96.0) feet of Lot Twenty Four (24) Bachman and Lester Subdivision. The above-described easement and right-of-way containing 0.81 acres, more or less, as shown on the plat dated March 30, 2004, 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 Lyman-Richey Corporation, a Delaware corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G13 #2004-77 - Approving Agreement to Continue Participation in the Whelan Energy Center Unit #2 Power Plant - Utilities Dept. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: April 13, 2004 Subject: Agreement to Continue Participation in the Whelan Energy Center Unit #2 Power Plant Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background Grand Island has been participating in the development of a new base load, coal fired electric generating plant to be built in Hastings at the same site as the existing Hastings plant. That site is named the Whelan Energy Center and the new project is generally referred to as WEC2. WEC2 capacity is designed to be between 180MW and 220MW depending upon the level of participation from other utilities. The current Grand Island share is 15MW. Other participants include the Municipal Energy Agency of Nebraska (MEAN), Hastings, Nebraska Public Power District (NPPD), Heartland Electric Cooperative (S. Dakota) and Nebraska City. Lincoln Electric System (LES) and Falls City were participants in Phase 1 of the project but have since selected other options to meet their future base load needs. LES opted to participate in a coal fired unit in Iowa; Falls City selected Nebraska City Unit #2. Phase 1 of the WEC2 project included site design, steam cycle engineering selection, detailed plant cost estimates, and unit design to the point of allowing application for environmental permitting by NDEQ. The permitting and public hearing processes have been completed and NDEQ has issued the construction permits. Phase 1 of WEC2 project development is completed. Discussion WEC2 Project Phase 1.5 is proposed to continue project development and would include; · Initiation of the preconstruction ambient air particulate monitoring as required by the construction permit. · Initiation of detailed plant design to maintain the permit requirement to begin construction within 18 months of the permit date. · Making application to the Nebraska Power Review Board for project approval as required by state law. · Initiation of the transmission service study for plant output delivery to all participants. The total cost of Phase 1.5 is projected to be $375,000. At a 15MW level of participation, the Grand Island share would not exceed $40,000. A copy of the proposed contract is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Phase 1.5 Contract. 2. Deny the Phase 1.5 Contract. 3. Modify the Contract to meet the wishes of the Council. 4. Table the issue. Recommendation The Hastings WEC2 project is one of three Nebraska base load power plant projects in which the City is participating; · Nebraska City Unit 2 (NC2) is a 600MW unit being built at Nebraska City by OPPD. Grand Island is participating at 30MW. Scheduled unit start-up in 2009. · Hastings WEC2 is a 180MW – 220MW unit to be built at Hastings. Grand Island is participating at 15MW. Scheduled unit start-up is 2010. · NPPD 400MW unit at the Cornhusker Army Ammunition Plant near Grand Island. This unit is still in the early discussion stage. Property acquisition is underway. Project time line is not yet established. The WEC2 project is an integral part of the Utilities Department plans to meet increasing electric demand as Grand Island is projected to continue to grow into the future. City Administration recommends that the Council approve the Financial Agreement for Phase 1.5 and that the Mayor be authorized to execute the contract. Sample Motion Approve the Financial Agreement for Phase 1.5 of the Whelan Energy Center Unit #2 project and authorize the Mayor to execute the contract on behalf of the City Of Grand Island. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-77 WHEREAS, the City of Grand Island has been participating in the development of a new base load, coal fired electric generating plant to be built in Hastings at the same site as the existing Hastings plant; and WHEREAS, the site is named Whelan Energy Center, and the new project is generally referred to as WEC2; and WHEREAS, the City is intending to participate in such project at a level of 15MW; and WHEREAS, Phase 1 of the project is now complete, and Phase 1.5 is proposed to continue project development in the following areas: • Initiation of the preconstruction ambient air particulate monitoring as required by the construction permit • Initiation of detailed plant design to maintain the permit requirement to begin construction within 18 months of the permit date • Making application to the Nebraska Power Review Board for project approval as required by state law • Initiation of the transmission service study for plant output delivery to all participants; and WHEREAS, the total cost of Phase 1.5 is projected to be $375,000, with the City's share not to exceed $40,000; and WHEREAS, it is recommended that the City enter into a Financial Commitment Agreement for Phase 1.5 of such project; and WHEREAS, the City Attorney has reviewed and approved the Financial Commitment Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Financial Commitment Agreement among the Municipal Energy Agency of Nebraska (MEAN) and Hastings Utilities for financial assistance for Phase 1.5 costs for the scope of work outlined above is hereby approved. - 2 - BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G14 #2004-78 - Approving Bid Award for 35,000 GVW Cab and Chassis and 10 Cubic Yard Vacuum Catch Basin Cleaner Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steve P. Riehle, P.E. Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Dale Shotkoski, Assistant City Attorney Meeting: April 13, 2004 Subject: Approval of Bid Award for 35,000 GVW Cab and Chassis and 10 Cubic Yard Vacuum Catch Basin Cleaner Item #’s: G-14 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background On March 5, 2004 the Street & Transportation Division of the Public Works Department advertised for bids for the purchase of a 35,000 GVW Cab and Chassis and 10 Cubic Yard Vacuum Catch Basin Cleaner to replace an existing 1992 unit. Discussion A total of six bids from two different vendors were received and opened on March 23, 2004. The Street & Transportation Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. The two bids received from Elliott Equipment are for a unit that will clean catch basins but will not effectively pick up milled asphalt on the street. There are numerous exceptions to the specifications. The unit we currently have (a Vac-All) does both jobs very well. The Street Division asphalt crew spends about six months each year using the unit to pick up milled asphalt when patching. It is essential that we have a unit capable of both cleaning catch basins and asphalt work as well. The four units bid by Mid-Iowa are all the same vacuum unit (a Vac-All); only the chassis are different. Due to emission standard changes for 2005, their lowest bid does not meet the engine horsepower or torque requirements. Their second lowest bid is on a chassis that meets all specifications except one very minor one. The catch basin unit meets all specifications. A summary of the bids is shown on the following page. Bidder Exceptions Total Bid Mid-Iowa Companies Johnston, IA (Vac-All on Sterling Cargo) Does not meet specifications $137,596.00 Mid-Iowa Companies Johnston, IA (Vac-All on GMC T-7500) Minor $140,015.00 Mid-Iowa Companies Johnston, IA (Vac-All on GMC T-8500) Does not meet specifications $142,891.00 Mid-Iowa Companies Johnston, IA (Vac-All on Sterling Condor) None $152,120.00 Elliott Equipment Lincoln, NE (Vac-Con on Sterling L7501) Does not meet specifications $116,600.00 Elliott Equipment Lincoln, NE (Vac-Con on Freightliner M2) Does not meet specifications $121,513.10 There are sufficient funds for this purchase in Account No. 10033501-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the purchase of the Vac/All on a GMC T-7500 chassis. 2. Disapprove or /Deny the purchase of the Vac/All on a GMC T-7500 chassis. 3. Table the issue. Recommendation City Administration recommends that the Council approve the purchase of the Vac/All on a GMC T-7500 chassis including trade-in in the amount of $140,015.00 from Mid-Iowa Companies of Johnston, Iowa. Sample Motion Approve the purchase of the Vac/All on a GMC T-7500 chassis from Mid-Iowa Companies of Johnston, Iowa in the amount of $140,015.00. 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: March 23, 2004 at 11:00 a.m. FOR: (1) 35,000 GVW Cab & Chassis with Vacuum DEPARTMENT: Public Works ESTIMATE: $144,400.00 FUND/ACCOUNT: 10033501-85625 PUBLICATION DATE: March 5, 2004 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Elliott Equipment Elliott Equipment Lincoln, NE Lincoln, NE Bid Security: Merchants Bonding Company Merchants Bonding Company Exceptions: Noted Noted Base Bid Price: $150,600.00 $155,513.10 Trade -in: $ 34,000.00 $ 34,000.00 Adjusted Bid: $116,600.00 $121,513.10 Bidder: Mid-Iowa Companies Johnston, IA Bid Security: Cashier’s Check Exceptions: None Bid 1 Bid 2 Bid 3 Bid 4 Base Bid Price: $155,796.00 $158,215.00 $161,091.90 $170,320.00 Trade -in: $ 18,200.00 $ 18,200.00 $ 18,200.00 $ 18,200.00 Adjusted Bid: $137,596.00 $140,015.00 $142,891.00 $152,120.00 cc: Steve Riehle, Public Works Director Scott Johnson, Street Superintendent Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P895 Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-78 WHEREAS, the City of Grand Island invited sealed bids for one 35,000 GVW Cab Cab and Chassis and 10 Cubic Yard Vacuum Catch Basin Cleaner for the Street and Transportation Division, according to plans and specifications on file with Street Division; and WHEREAS, on March 23, 2004, bids were received, opened and reviewed; and WHEREAS, Mid-Iowa Companies of Johnston, Iowa, 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 $140,015 for one Vac-All with a GMC T-7500 chassis; and WHEREAS, Mid-Iowa Companies' 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 Mid-Iowa Companies of Johnston, Iowa, in the amount of $140,015 for one 35,000 GVW Cab Cab and GMC T-7500 Chassis and 10 Cubic Yard Vacuum Catch Basin Cleaner is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G15 #2004-79 - Approving Bid Award for Asphalt Maintenance Project 2004-AC-1 Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E. Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Dale Shotkoski, Assistant City Attorney Meeting: April 13, 2004 Subject: Approving Bid Award for the Asphalt Maintenance Project 2004-AC-1 Item #’s: G-15 Presenter(s): Steven P. Riehle, Director of Public Works Background On March 24, 2004 the Engineering Division of the Public Works Department advertised for bids for the Asphalt Maintenance Project 2004-AC-1 . Discussion Two bids were received and opened on April 5, 2004. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. Both bids were submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid J.I.L Asphalt Paving Co. Grand Island, NE None The Cincinnati Insurance Co. $497,154.41 Gary Smith Construction Co, Inc. None Inland Insurance Co. $460,123.29 The engineer’s opinion of cost for this project is $559,971.37. There are sufficient funds in the Public Works and Park and Recreation accounts to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for the Asphalt Maintenance Project 2004-AC- 1 to the lowest bidder. 2. Disapprove or/Deny awarding the contract. 3. Modify the contract to meet the wishes of the Council. 4. Table the issue, however, the contractor may with draw their bid if it is not awarded within 45 days of bid opening. Recommendation City Administration recommends that the Council approve awarding the contract to Gary Smith Construction Company Inc., of Grand Island, Nebraska, for the amount of $460,123.29. Sample Motion Move to approve the award of the contract to the lowest bidder, Gary Smith Construction Company Inc., of Grand Island, Nebraska for the Asphalt Maintenance Project 2004-AC- 1. 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: April 5, 2004 at 11:00 a.m. FOR: Asphalt Maintenance Project 2004-AC-1 DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $559,971.37 FUND/ACCOUNT: 10033506-85354 $452,347.02 40044450-90033 $ 28,200.63 40044450-90027 $ 21,092.29 40044450-90035 $ 39,946.87 40044450-90028 $ 18,384.56 PUBLICATION DATE: March 24, 2004 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: J.I.L. Asphalt Paving Co. Gary Smith Construction Co. Inc. Grand Island, NE Grand Island, NE Bid Security: The Cincinnati Insurance Co. Inland Insurance Company Exceptions: None None Bid Price: $497,154.41 $460,123.29 cc: Steve Riehle, Public Works Director Tom Carlson, Engineering Technician Supervisor Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P900 Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-79 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Maintenance Project 2004-AC-1, according to plans and specifications on file with the City Engineer; and WHEREAS, on April 5, 2004, bids were received, opened and reviewed; and WHEREAS, Gary Smith Construction Co., Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $460,123.29; and WHEREAS, Gary Smith Construction Co., Inc.'s bid is less than the 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 Gary Smith Construction Co., Inc. of Grand Island, Nebraska, in the amount of $460,123.29 for Asphalt Maintenance Project 2004-AC-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G16 #2004-80 - Approving Bid Award for Bleacher and Dugout Covers Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: City Council, April 13, 2004 Subject: Bid Award – Bleacher and Dugout Covers Item #’s: G-16 Presenter(s): Steve Paustian Background The City is in the process of developing the Webb Athletic Field Complex for use by soccer, football and softball enthusiasts. As part of this development, shade structures have been determined to be needed. Discussion Bids were advertised for the purchase of bleacher and dugout covers. Nine firms responded providing bids ranging from $26,124.00 to $66,468.00. One firm provided two bids with the second bid being an alternative product that did not meet specifications. The second low bid did not meet specifications in that the steel columns were only primed and not powder coat finished. The successful low bid was provided by Backyard Adventures, of Omaha NE in the amount of $39,427.00. Alternatives 1. Award the contract as recommended. 2. Award the contract to another bidder. 3. Not award a bid. Recommendation It is the recommendation of staff to award the bid to Backyard Adventures, of Omaha, NE in the amount of $39,427.00. Sample Motion Motion to award the bid to Backyard Adventures of Omaha, NE in the amount of $39,427.00. 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: March 16, 2004 at 11:00 a.m. FOR: Bleacher and Dugout Covers DEPARTMENT: Parks & Recreation ESTIMATE: $50,000.00 FUND/ACCOUNT: 40044450-90035 PUBLICATION DATE: February 25, 2004 NO. POTENTIAL BIDDERS: 13 SUMMARY NAME ADDRESS EXCEPTIONS Bleacher Covers Dugout Covers Extended Costs Ely Churchich & Associates Omaha, NE Noted $39,884.00 $18,420.00 $58,304.00 Alternate Bid: Ely Churchich & Associates Omaha, NE Noted $14,908.00 $11,216.00 $26,124.00 Americana Building Products Salem, IL Noted $30,616.00 $11,392.00 $43,308.00 Fry and Associates, Inc. North Kansas City, MO Noted $31,600.00 $12,800.00 $44,400.00 AB Creative, Inc. DeSoto, KS None $22,416.00 $15,328.00 39,731.00 PRS Associates (GameTime) Fremont, NE None $45,272.00 $21,196.00 $66,468.00 Backyard Adventures Omaha, NE None $22,250.00 $15,190.00 $39,427.00 Chief Construction Grand Island, NE Noted $22,240.00 $16,420.00 $38,660.00 Steel Crafter, Inc. Grand Island, NE Noted $38,200.00 $27,532.00 $65,732.00 cc: Steve Paustian, Parks & Recreation Director Patti Buettner, Parks & Recreation Secretary Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P891 Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-80 WHEREAS, the City of Grand Island invited sealed bids for Bleacher and Dugout Covers at Webb Athletic Field Complex, according to plans and specifications on file with Parks and Recreation Office; and WHEREAS, on March 16, 2004, bids were received, opened and reviewed; and WHEREAS, Backyard Adventures of Omaha, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $39,427 which includes freight charges; and WHEREAS, Backyard Adventures' bid is less than the 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 Backyard Adventures of Omaha, Nebraska, in the amount of $39,427 for bleacher and dugout covers at Webb Athletic Field Complex is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G17 #2004-81 - Approving Bid Award for Street Improvement District No. 1251, Grand West Fourth Subdivision Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E. Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Dale Shotkoski, Assistant City Attorney Meeting: April 13, 2004 Subject: Approving Bid Award for Street Improvement District No. 1251; Grand West Forth Subdivision, Craig Drive, Morrison Drive, and Carol Street Item #’s: G-17 Presenter(s): Steven P. Riehle, Director of Public Works Background On March 12, 2004 the Engineering Division of the Public Works Department advertised for bids for Street Improvement District No. 1251; Craig Drive, Morrison Drive, and Carol Street all located within the Grand West Fourth Subdivision. Discussion Two bids were received and opened on March 29, 2004. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office have reviewed the bids that were received. Both bids were submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bids is shown below. Bidder Exceptions Bid Security Total Bid The Diamond Engineering Company Grand Island, NE None Travelers Casualty and Surety Co. $158,823.95 M.E. Collins Contracting Co., Inc. Wahoo, NE None Universal Surety Co. $219,632.84 The engineers estimate for this project was $195,848.05. There are sufficient funds in Account No. 40033535-90046 (Capital Projects Fund) to fund this contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for Street Improvement District 1251 to the lowest bidder. 2. Disapprove or/Deny awarding the contract. 3. Modify the contract to meet the wishes of the Council. 4. Table the issue, however, the contractor may withdraw their bid if it is not a contract awarded within 45 days of bid opening. Recommendation City Administration recommends that the Council approve awarding the contract to and passing a resolution authorizing the Mayor to sign a contract with The Diamond Engineering Company of Grand Island, Nebraska, for the amount of $158,823.95. Sample Motion Move to approve the award of the contract to the lowest bidder, The Diamond Engineering Company of Grand Island, Nebraska for Street Improvement District 1251. INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow. Today. BID OPENING BID OPENING DATE: March 29, 2004 at 11:00 a.m. FOR: Street Improvement District #1251 DEPARTMENT: Public Works ENGINEER’S ESTIMATE: $195,848.05 FUND/ACCOUNT: 40033525-90049 PUBLICATION DATE: March 12, 2004 NO. POTENTIAL BIDDERS: 16 SUMMARY Bidder: Diamond Engineering Co. M.E. Collins Contracting Co. Grand Island, NE Wahoo, NE Bid Security: Travelers Casualty & Surety Universal Surety Company Exceptions: None None Bid Price: $158,823.95 $219,632.84 cc: Steve Riehle, Public Works Director Ron Underwood, Senior Civil Engineer Gary Greer, City Administrator RaNae Edwards, City Clerk Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P898 Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-81 WHEREAS, the City of Grand Island invited sealed bids for Street Improvement District No. 1251, according to plans and specifications on file with the City Engineer; and WHEREAS, on March 29, 2004, bids were received, opened and reviewed; and WHEREAS, the Diamond Engineering 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 $158,823.95; and WHEREAS, the Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Diamond Engineering Company of Grand Island, Nebraska, in the amount of $158,823.95 for Street Improvement District No. 1251 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G18 #2004-82 - Approving Change Order No. 1 to the Purchase Order with The Diamond Engineering Company for the Emergency Sewer Line Repairs Along the Bike Trail Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: April 13, 2004 Subject: Approving Change Order No. 1 to the Purchase Order with The Diamond Engineering Company for the Emergency Sewer Line Repairs Along the Bike Trail Item #’s: G-18 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background Case New Holland hired an environmental contractor to sample ground water. The environmental contractor punched holes in the city’s sanitary sewer main. This is a major interceptor line which serves many areas of the city, including the hospital. A quote was obtained from The Diamond Engineering Company based on the anticipated emergency repairs that were needed and a purchase order was issued in the amount of $5,400.00. Discussion Upon excavation and inspection, the damage to the sections of pipe was found to be far more extensive than anticipated. The damage required much more excavating which in turn required a commensurate increase in the dewatering because of the depth of this line. The work has been completed and the final cost will exceed the original Purchase Order amount due to additional dewatering, materials, equipment, and labor needed to replace the section of the 24” main. Change Order No. 1 is prepared to include the following changes. Original Purchase Order $ 5,400.00 1) Additional Dewatering $ 2,784.00 2) Additional Equipment / Material $ 4,180.50 3) Additional Labor $ 6,282.00 Revised Purchase Order $18,647.00 We are pursuing recovery of the repair cost from either Case New Holland or their contractor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve Change Order No. 1 so as the Purchase Order amount for the emergency sewer line repairs would be a total of $18,647.00. 2. Disapprove or /Deny Change Order No. 1. The work needed to be performed so Diamond Engineering was told to proceed. Denial of the Change Order is not recommended. 3. Modify the Change Order to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council pass a resolution authorizing the Mayor to execute the Change Order. Sample Motion Approve Change Order No. 1 to the Purcha se Order with The Diamond Engineering Company for the emergency sewer line repairs. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-82 WHEREAS, Case New Holland hired an environmental contractor to sample ground water in the city right-of-way along Blaine Street and along the hike/bike trail between Stolley Park Road and U.S. Highway 34 to determine the presence of contaminants; and WHEREAS, during such soil sampling, the contractor punched holes into the city's sanitary sewer main; and WHEREAS, due to this being a major interceptor sewer line which serves many areas of the city, including the hospital, a quote was obtained from the Diamond Engineering Company based on the anticipated emergency repairs that were needed and a purchase order was issued in the amount of $5,400; and WHEREAS, upon excavation and inspection, the damage to the sections of pipe was more extensive than anticipated; and WHEREAS, all work has been completed to get the 24inch sewer main back into service; and WHEREAS, approval for the additional costs to repair such sewer main is necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the project costs by $13,246.50 for a revised contract price of $18,647.00; and WHEREAS, Case New Holland is responsible for the cost of damages pertaining to this repair work in accordance with a License Agreement by and between the City and New Holland North America, Inc. dated December 23, 2003. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and the Diamond Engineering Company of Grand Island, Nebraska to provide the modifications set out as follows: Additional dewatering ...............................................................................................................2,784.00 Additional equipment / material................................................................................................4,1480.50 Additional labor........................................................................................................................6,282.00 Approved as to Form ? _______________ April 8, 2004 > City Attorney - 2 - BE IT FURTHER RESOLVED, that the City's Public Works Director will request reimbursement from Case New Holland for the final cost for such sewer repair. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G19 #2004-83 - Approving Acquisition of Utilities Easement - Along and Within Proposed Pleasant View Thirteenth Subdivision (GNR Development Corporation) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-83 WHEREAS, a public utility easement is required by the City of Grand Island, from GNR Development Corporation of Hastings, Nebraska, a corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on April 13, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the West Half of the Northeast Quarter (W1/2, NE1/4) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, the twenty (20.0) foot wide and ten (10.0) foot wide utility easement and right-of-way being more particularly described as follows: Beginning at the southeast corner of Lot One (1), Block Two (2), Pleasant View Twelfth Subdivision, said point being Eighty (80.0) feet north of (measured perpendicular to) the south line of said West Half of the Northeast Quarter(W1/2, NE1/4); thence running easterly, parallel with and Eighty (80.0) feet north of (measured perpendicular to) the south line of said West Half of the Northeast Quarter (W1/2, NE1/4), a distance of Three Hundred Ten (310.0) feet; thence deflecting left 90°39’52” and running northerly, parallel with the east line of said Block Two (2), Pleasant View Twelfth Subdivision, a distance of One Hundred Twenty Six and Eighty Four Hundredths (126.84) feet; thence deflecting right 25°39’43” and running northeasterly, a distance of Fifty Seven and Seventy Two Hundredths (57.72) feet; thence deflecting left 25°39’43” and running northerly, parallel with the east line of said Block Two (2), Pleasant View Twelfth Subdivision, a distance of Three Hundred Forty Six and Eight Hundredths (346.08) feet to a point, said point being Ten (10.0) feet south of (measured perpendicular to) the south line of Lots Three (3) thru Ten (10), inclusive, of proposed Pleasant View Thirteenth Subdivision; thence deflecting right 89°55’45” and running easterly, parallel with and Ten (10.0) feet south of (measure perpendicular to) the south line of said Lots Three (3) thru Ten (10), inclusively, of proposed Pleasant View Thirteenth Subdivision, a distance of Four Hundred Eighty Eight and Forty Five Hundredths (488.45) feet to a point on the southerly prolongation of the westerly right of way line of Sun Valley Drive, said point also being on the southerly prolongation of the east line of said Lot Ten (10), of proposed Pleasant View Thirteenth Subdivision; thence deflecting left 90°02’10” and running northerly, along and upon the southerly prolongation of the westerly right of way line of said Sun Valley Drive and also being along and upon the southerly prolongation of the east line of said Lot Ten (10), of proposed Pleasant View Thirteenth Subdivision, a distance of Ten (10.0) feet to the southeast corner of said Lot Ten (10), of proposed Pleasant View Thirteenth Subdivision; thence deflecting left 89°57’50” and running westerly, along and upon the south line of said Lots Ten (10) thru Three (3), of proposed Pleasant View Thirteenth Subdivision, a distance of Six Hundred Thirty Eight and Forty One Hundredths (638.41) feet to the southwest corner of said Lot Three (3), of proposed Pleasant View Thirteenth Subdivision, said point also being on the easterly right of way line of proposed Jackson Drive; thence deflecting left 89°55’45” and running southerly, along and upon the southerly prolongation of said Lot Three, of proposed Pleasant View Thirteenth Subdivision, and also being along and upon the easterly right of way line of proposed Jackson Drive, a distance of Ten (10) feet; thence deflecting left 90°04’15” and running easterly , parallel with and Ten (10.0) feet south of (measured perpendicular to ) the south line of said Lots Three (3) thru Ten (10), inclusive, of proposed Pleasant View Thirteenth Subdivision, a distance of One Hundred Twenty Nine and Ninety Eight Hundredths (129.98) feet; thence deflecting right 90°04’15” and running southerly, parallel with the east line of said Block Two (2), Pleasant View Twelfth Subdivision, a distance of Three Hundred Forty One and Five Tenths (341.50) feet; thence deflecting right 29°39’43” and running southwesterly, a distance of Fifty Seven and Seventy Two Hundredths (57.72) feet; thence deflecting left 25°39’43” and running southerly, parallel with the east line of said Block Two (2), Pleasant View Twelfth Subdivision, a distance of One Hundred Eleven and Sixteen Hundredths (111.16) feet to a point, said being One Hundred (100.00) feet north of (measured perpendicular to) the south line of said West Half of the Northeast Quarter (W1/2, NE1/4); thence deflecting right 90°39’52” and running westerly, parallel with and One Hundred (100.00) feet north of (measured perpendicular to) the south line of said West Half of the Northeast Quarter (W1/2 NE1/4), a distance of Two Hundred Ninety (290.00) feet to a point on the west lone of said Lot One (1), Block Two (2), Pleasant View Twelfth Subdivision; thence deflecting left 90°39’52” and running southerly, along and upon the east line of said Lot One (1), Block Two (2), Pleasant View Twelfth Subdivision, a distance of Twenty (20.0) feet to the point of beginning, as shown on the plat dated March 13, 2004, 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 GNR Development Corporation of Hastings, Nebraska, a corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G20 #2004-84 - Approving Bid Award for 2005 Truck with 55 ft. Non- Overcenter Aerial Device Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: April 13, 2004 Subject: Bid Award for 55 ft. Bucket Truck Item #’s: G-20 Presenter(s): Gary R. Mader, Utilities Director Background Specifications were prepared for the purchase of a standard 55 ft. Bucket Truck for the Electric Line Division; as budgeted in the current fiscal year. The specifications were advertised in accordance with the City Procurement Code, and publicly opened by the City Clerk on March 24, 2004. The Engineer’s estimate was $150,000. The specifications were sent to seven potential bidders. Two bids were received: Bidder: Terex Utilities West Drake Scruggs Equipment of Commerce City, CO of Grandview, MO Equipment: Terex Versilift Bid Price: $141,892.00 $130,470.00 Discussion The “as read” low bid included numerous exceptions to the specifications as listed below. 1. Bid telescoping boom instead of the specified elbow configuration. 2. Did not provide a bucket lift system; as was specified. 3. Bid a 600 lb. bucket capacity in lieu of the specified 700 lb. capacity. 4, Did not provide the specified electric insulating capability certifications. The specifications required submittal of American National Standards Institute (ANSI) test data for the equipment. 5. Did not provide the ANSI data for the bucket hydraulic system as specified. 6. Did not provide the specified load stability data. Stability testing provides a loading chart and calibrated boom angle gage to determine the safe operating range of the boom. Because of the deficiencies in the equipment bid by Drake Scruggs Equipment, that bid has been determined to be non-compliant with the specifications. The bid from Terex Utilities West is compliant to the specifications. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the purchase of the Bucket Truck from the low, compliant bidder, Terex Utilities West. 2. Deny the award of the bid. 3. Table the issue Recommendation City Administration recommends that the Council award the bid for the Bucket Truck to Terex Utilities West of Commerce City, Colorado, in the amount of $141,892.00. Sample Motion Approve the purchase of the 55 ft. Bucket Truck to Terex Utilities West of Commerce City, Colorado. 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: March 24, 2004 at 11:00 a.m. FOR: 2004 Truck with Aerial Device DEPARTMENT: Utilities ESTIMATE: $150,000.00 FUND/ACCOUNT: E520 PUBLICATION DATE: March 6, 2004 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Terex Utilities West Drake-Scruggs Equipment Seattle, WA Springfield, IL Bid Security: Travelers Casualty Cashier’s Check Exceptions: Noted Noted Bid Price: $141,892.00 $130,470.00 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Pat Gericke, Utilities Secretary Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P896 Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-84 WHEREAS, the City of Grand Island invited sealed bids for one 2004 truck with 55-foot non-overcenter material handling aerial device for the Electric Line Division, according to plans and specifications on file with Utilities Administration; and WHEREAS, on March 24, 2004, bids were received, opened and reviewed; and WHEREAS, Terex Utilities West of Commerce City, Colorado, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $141,892.00; and WHEREAS, Terex Utilities West's bid is less than the engineer's estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Terex Utilities West of Commerce City, Colorado, in the amount of $141,892.00 for one 2004 truck with 55-foot non-overcenter material handling aerial device is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G21 #2004-85 - Approving Boiler Inspection Agreement - Platte Generating Station Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: April 13, 2004 Subject: Approving Boiler Inspection Agreement – Platte Generating Station Item #’s: G-21 Presenter(s): Gary R. Mader, Utilities Director Background The PGS boiler incorporates a coal burner system that adjusts the location of the primary fire zone in the boiler fire box, to control steam temperatures and emissions. This adjustment is done by tilting the coal nozzles in each of the four boiler corners. For the last several months, the operating staff at the Platte Generating Station has observed a change in the burner tilts function of the boiler. The tilts are running at a lower than normal angle causing an increase in carbon carryover in the bottom ash. An engineer from Alstrom Power, Inc., the original equipment manufacturer, made several suggestions of things to check during operation of the unit and for additional checks to be done with the unit off-line during the short scheduled spring maintenance outage later this month. Discussion A manufacturer’s technician is available for the scheduled outage. Because PGS is our lowest cost power source, this inspection should be done as soon as possible to ensure the unit is available for the high summer load period. The manufacturer utilized a standard service agreement for this work, copy attached. The agreement has been reviewed by the Legal Department and approved. Because of the technical and unit specific nature of this inspection, it is the intent of the Utilities Department to issue a Purchase Order incorporating the service agreement in an amount of $6,275. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Boiler Inspection Agreement 2. Deny the Boiler Inspection Agreement. 3. Modify the Boiler Inspection Agreement to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the Boiler Inspection Agreement. Sample Motion Approve the Boiler Inspection Agreement with Alstrom Power, Inc. Approved as to Form ¤ ___________ April 8, 2004 ¤ City Attorney R E S O L U T I O N 2004-85 WHEREAS, the boiler at the Platte Generating Station incorporates a coal burner system that adjusts the location of the primary fire zone in the boiler fire box to control steam temperatures and emissions; and WHEREAS, city staff has recently noticed that this feature is not working properly which is increasing the carbon carryover in the bottom ash; and WHEREAS, the manufacturer of such equipment has offered suggestions for resolving this issue, including having a technician available during the scheduled spring outage; and WHEREAS, due to the technical and unit specific nature of the equipment, it is recommended that the City allow the manufacturer's technician to be available to resolve any issues involving the boiler system during the scheduled spring outage; and WHEREAS, an agreement has been prepared outlining the terms and conditions associated with having the manufacturer's technician available for the boiler inspection and related work necessary to resolve these issues; and WHEREAS, the proposed Boiler Inspection Agreement has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Boiler Inspection Agreement by and between the City and Alstrom Power, Inc. for boiler inspection at Platte Generating Station during its scheduled spring outage in the amount of $6,275 is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item G22 #2004-86 - Approving Revision to Copier Lease Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: David Springer, Finance Director Meeting: April 13, 2004 Subject: Approving Revision to Copier Lease Item #’s: G-22 Presenter(s): David Springer, Finance Director Background On January 27, 2004, Council approved a lease with Imagistics International, Inc., of Grand Island for three copiers at a monthly rate of $1,145.10. This lease replaced four old copiers, two city owned units and two that rented at $1,250.00 per month for a cost savings of $104.90 per month. Discussion The copier in the Admin/Legal suite is currently inoperable and we are seeking replacement. The copier unit in the suite used by the Planning and Building Departments is frequently utilized to make copies on odd-shaped or special paper formats, necessitating the removal of the paper tray and then loading it with the special paper to be used. A By-Pass Sheet Feeder would make this process less time consuming and more efficient. A replacement machine and a sheet feeder upgrade could be added to our present monthly lease, bringing it to $1,363.95. Compared to last year, we would be leasing four state-of-the-art machines instead of renting two old ones, for only $113.95 more per month. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the revision to increase the copier lease to $1,363.95 per month. 2. Disapprove or deny the revision to the lease. 3. Modify the Resolution to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request to increase the copier lease to $1,363.95, in order to include a replacement machine and a By-Pass Sheet Feeder upgrade. Sample Motion Approve the request to revise the copier lease with Imagistics Internationa l, Inc., to include an additional machine and a By-Pass Sheet Feeder upgrade for a new total lease rate of $1,363.95 per month. Approved as to Form ¤ ___________ April 9, 2004 ¤ City Attorney R E S O L U T I O N 2004-86 WHEREAS, on January 27, 2004, by Resolution 2004-17, the City of Grand Island authorized and approved a 36-month lease with Imagistics International, Inc. of Grand Island, Nebraska for three copier/printer/scanners at a monthly rate of $1,145.10 per month; and WHEREAS, due to the specialized type of photocopying required by the Planning and Building Departments, it is suggested that a by-pass sheet feeder be added for this model to improve efficiency and to decrease employee time spent photocopying; and WHEREAS, the photocopier for the Administration/Legal suite is no longer operable, and it is prudent to also include a new copier for this suite at this time as well; and WHEREAS, it is recommended that the lease agreement with Imagistics International, Inc. be modified to include a by-pass sheet feeder on one of the copier/printer/scanners, and to include a new photocopier/printer/scanner for the Administration/Legal suite for an additional monthly rate of $113.95. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the lease agreement with Imagistics International, Inc. of Grand Island, Nebraska, for three copier/printer/scanners for the Mail Room, the Finance/Human Resources suite, and the Building/Fire/Planning suite in City Hall is hereby amended to include a by-pass sheet feeder for the copier/printer/scanner located in the Building/Fire/Planning suite and for an additional copier/printer/scanner for the Administration/Legal suite at an additional cost of $113.95 per month. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item I1 #2004-87 - Approving Settlement Agreement and Acquisition of Property Located at 508 South Shady Bend Road (Jerry and Pamela Miller) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ April 9, 2004 ¤ City Attorney R E S O L U T I O N 2004-87 WHEREAS, on May 2, 2003, Jerry and Pamela Miller, husband and wife, filed a lawsuit against the City of Grand Island in the District Court of Hall County, Nebraska, alleging that the discharge from the City's wastewater treatment facilities caused pollution to their property at 508 South Shady Bend Road; and WHEREAS, negotiations to resolve such issues have been ongoing between the parties, and a potential settlement has been reached; and WHEREAS, it is recommended that the City would pay to Jerry and Pamela Miller, the sum of $200,000 in exchange for the conveyance of their property at 508 South Shady Bend Road property to the City by warranty deed for partial reimbursement for remediation expense and in complete settlement of all claims and legal issues between Jerry and Pamela Miller and the City of Grand Island; and WHEREAS, a public hearing was held on April 13, 2004, for the purpose of discussing the proposed acquisition of property, legally described as follows: All of the East 624 feet of Lot Two (2), Mainland, in the Southeast Quarter (SE1/4) of Section Fourteen (14), in Township Eleven (11) North, Range Nine (9) West of the 6th P.M., more particularly described as follows: Beginning at the northeast corner of said Lot Two (2), running thence North 89º28' West along the North line of said lot a distance of 624 feet; running thence South parallel to the East line of said lot a distance of 1029 feet to the original government survey meander line on the North bank of the Platte River; running thence Northeasterly along the original government survey meander line (a broken line) 1157.6 feet to the original government survey meander corner on the East line of said lot; running thence North along the East line of said lot a distance of 66 feet to the place of beginning, containing 7.25 acres, more or less, as shown on the plat attached to the deed recorded in Book 87, Page 1, of the Deed Records of Hall County, Nebraska; and WHEREAS, a letter agreement dated March 25, 2004, sets out the terms and conditions of such settlement terms, and has been reviewed and approved by the City Attorney; and WHEREAS, the approval of such settlement terms will resolve all issues currently pending against the City by Jerry and Pamela Miller. - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the settlement agreement by and between the City and Jerry and Pamela Miller regarding the property located at 508 S. Shady Bend Road is hereby approved according to the terms set out in such agreement; and the Mayor is hereby authorized and directed to execute the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 13, 2004. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of March 24, 2004 through April 13, 2004 The Claims for the period of March 24, 2004 through April 13, 2004 for a total of $5,354,788.17. A MOTION is in order. Tuesday, April 13, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council