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12-07-2004 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 07, 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 - Father Frank Curran, Blessed Sacrament Catholic Church, 518 West State Street 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 -1 Approving Minutes of November 23, 2004 City Council Regular Meeting The Minutes of November 23, 2004 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, December 07, 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 November 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 November 23, 2004. Notice of the meeting was given in the Grand Island Independent on November 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, Nickerson, 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. INVOCATION was given by Pastor Curtis Holzworth, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the property tax impact of Grand Island with a negative 3.1% compared to other communities in the state. PUBLIC HEARINGS: Public Hearing on Changes to the Grand Island Zoning Map for Lots 1 & 2, Block 1, Academy Heights Subdivision Located South of Capital Avenue and West of Hancock Avenue from R2 Low Density Residential to RD Residential Development. Regional Planning Director Chad Nabity reported that Todd Enck, developer had submitted a proposal to change the zoning for Lots 1 & 2, Block 1, Academy Heights Subdivision from R2 Low Density Residential to RD Residential Development. Mr. Nabity commented that this item related to the Preliminary and Final Plat for Via Milano Subdivision before Council at this meeting. Steve Johnson, 3535 Blaine Street, David Vaughn, 301 West 2nd Street, and Todd Enck, 511 Fleetwood Circle spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Sanitary Sewer Easement Located West of Fonner Park Main Building East of South Locust Street. (Hall County Livestock Improvement Association) Steve Riehle, Public Works Director reported that acquisition of a sanitary sewer easement located west of Fonner Park Main Building, east of South Locust Street was required in order to have access to install, upgrade, maintain, and repair public utilities and appurtenances. The easement would be used for construction of public sanitary sewer to serve the Heartland Events Center. No public testimony was heard. Page 2, City Council Regular Meeting, November 23, 2004 Public Hearing on Acquisition of Hike/Bike Path Easement Located Along the East Side of U.S. Highway 281 and South Side of U.S. Highway 34. (The Museum Board of Hall County Nebraska) Steve Paustian, Parks & Recreation Director reported that over the last few months the City had been negotiating with Stuhr Museum representatives for an easement located along the east side of U.S. Highway 281 and the south side of U.S. Highway 34 to extend the Hike/Bike Trail across museum property. The easement would be used to install, upgrade, maintain, and repair a hike/bike path along the west and north side of the Stuhr Museum property at U.S. Highway 281 and U.S. Highway 34. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8942 - Consideration of Vacating Easement and Right of Way Located on Lot 1, Heartland Event Center First Subdivision #8943 – Consideration of Zoning Change to the Grand Island Zoning Map for Lots 1 & 2, Block 1, Academy Heights Subdivision Located South of Capital Avenue and West of Hancock Avenue from R2 Low Density Residential to RD Residential Development #8944 – Consideration of Issuing Building Bonds for Heartland Events Center, Second Addendum to the Lease Purchase Agreement, Management Agreement and Parking Rights and Access Agreement be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Utilities Director Gary Mader reported that Ordinance #8942 vacated an easement to allow for construction of the new Heartland Events Center. Regional Planning Director Chad Nabity reported that Ordnance #8943 was for the zoning change with regards to the Via Milano Subdivision. Discussion was held with regards to concern of the 20’ private street, maintenance of the street, and sidewalks. City Attorney Doug Walker reported that Ordinance #8944 was for bonding the construction of the Heartland Events Center. Included was an Addendum to the Lease Purchase Agreement, Management Agreement and Parking Rights and Access Agreement. Mr. Walker introduced Bill Beavers and Bruce Lefler representing Ameritas Investment Corporation. They reported the successful sale of the bonds at an interest rate of 4.12%. Motion was made by Cornelius, second by Hornady to approve Ordinances #8942 and #8944. City Clerk: Ordinances #8942 and #8944 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. Page 3, City Council Regular Meeting, November 23, 2004 City Clerk: Ordinances #8942 and #8944 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 #8942 and #8944 are declared to be lawfully adopted upon publication as required by law. Motion was made by Pielstick, second by Hornady to approve Ordinance #8943. City Clerk: Ordinance #8943 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Meyer and Gilbert voted no. Motion adopted. City Clerk: Ordinance #8943 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmembers Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmembers Meyer and Gilbert voted no. Motion adopted. Mayor: By reason of the roll call votes on first reading and then upon final passage, Ordinance #8943 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Item G-5 was removed from the Consent Agenda. Motion by Hornady, second by Gilbert to approve the Consent Agenda excluding item G-5. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of November 9, 2004 City Council Regular Meeting. Approving Minutes of November 16, 2004 City Council Study Session. Approving Preliminary Plat for Via Milano Subdivision. Councilmember Meyer voted no. #2004-293 – Approving Final Plat and Development Agreement for Via Milano Subdivision. Councilmember Meyer voted no. #2004-295 – Approving Bid Award for Tree Trimming Contract 2005-TT-1 with Tom’s Tree Service of Grand Island, Nebraska in an Amount of $29,900.00; Sheffield Tree Service of Grand Island, Nebraska in an Amount of $15,700.00; and Wright Tree Service, Inc. of Grand Island, Nebraska in an Amount of $87,828.75. #2004-296 – Approving Bid Award for Water Main Project 2005-W-1 and Sanitary Sewer Project 2004-S-12 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $189,684.76. Page 4, City Council Regular Meeting, November 23, 2004 #2004-297 – Approving Wireline Crossing Agreement with Union Pacific Railroad in an Amount of $1,500.00. #2004-298 – Approving UP Circular 111 with Union Pacific Railroad for Continued Coal Transportation to the Platte Generating Station for the years 2005, 2006 and 2007. #2004-299 – Approving Participation in NPPD’s Ainsworth Wind Energy Facility. #2004-300 – Approving Acquisition of Utility Easement Located West of Fonner Park Main Building and East of South Locust Street. (Hall County Livestock Improvement Association) #2004-301 – Approving Keno Satellite Location and Agreement for The Chicken Coop of Grand Island, Inc., 120 East Third Street. #2004-302 – Approving Agreement with ROCO Rescue Training Programs of Baton Rouge, Louisiana for Rescue Training Grant in an Amount of $12,687.40. #2004-303 – Approving Funding for Relocation of Utilities at the Heartland Events Center in an Amount of $440,000.00. #2004-304 – Approving Contract with the Central Nebraska Ethnic Festival for Office Space and Supplies, and use of Office Equipment. #2004-305 – Approving Acquisition of Hike/Bike Path Easement Located Along the East Side of U.S. Highway 281 and South Side of U.S. Highway 34. (The Museum Board of Hall County Nebraska.) #2004-306 – Approving 2005-2006 Coal Supply Agreement with Kennecott Energy Company of Gillette, Wyoming. #2004-307 – Approving New Pedestrian Crossing Agreement with Union Pacific Railroad Company. #2004-294 – Approving Creation of a Public Building Commission and Appointing Kirk Ramsey, Terry Loschen, Tom Graves, Dee Price, and Roger Bullington to the Board. City Attorney Doug Walker reported that the Public Building Commission was a non-profit corporation created to assist and promote the development of public facilities to be used by the City of Grand Island. City Administrator Gary Greer explained the purpose of the corporation which was to issue tax exempt bonds and enter into lease purchase agreements with the City. Discussion was held with regards to open meetings, council input, and types of projects that would be eligible. Motion was made by Pielstick, second by Hornady to approve Resolution #2004-294. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, November 23, 2004 PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of November 10, 2004 through November 23, 2004, for a total amount of $2,420,340.16. Motion adopted unanimously. EXECUTIVE SESSION: Motion by Hornady, second by Cornelius to adjourn to Executive Session at 8:05 p.m. for the purpose of discussing property negotiations. Motion adopted unanimously. RETURN TO REGULAR SESSION: Motion by Cornelius, second by Haase to return to Regular Session at 8:55 p.m. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:55 p.m. RaNae Edwards City Clerk Item -2 Acceptance of Election Certificate for the November 2, 2004 General Election State law requires the governing body to formally accept the Certificate of Election issued by the Hall County Election Commissioner for the November 2, 2004 City Council General Election. The Certificate of Election containing the vote totals and results is attached. A MOTION to accept the election certificate is in order. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item -3 Administration of Oath to Newly Elected Councilmembers City Clerk RaNae Edwards will administer the Oath of Office to the following Councilmembers who were re-elected: Scott Walker - Ward 1; Margaret Hornady - Ward 2; Fred Whitesides - Ward 3; Jackie Pielstick - Ward 4; and Joyce Haase - Ward 5. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item -4 Election of City Council President The City Council is required to elect one Councilmember to the office of Council President. The term is for a one-year period. The Council President automatically assumes the duties of the Mayor in the event that the Mayor is absent or otherwise unable to fulfill his duties. Nebraska law allows the election of the Council President to be by secret ballot. The total number of votes for each candidate; however, must be stated and recorded in the Minutes. Past practice has included a run-off election between the top two nominees, if necessary. The City Clerk will prepare, distribute, and count ballots. Nominations to fill the vacancy are in order. A second is not required on nominations. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G1 Approving Pawnbroker's Application and Official Bond for Stewart's Loan and Pawnshop, 803 West 4th Street Tuesday, December 07, 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: December 7, 2004 Subject: Approving Pawnbroker’s Application and Official Bond for Stewart’s Loan and Pawnshop, 803 West 4th Street Item #’s: G-1 Presenter(s): RaNae Edwards, City Clerk Background Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business of pawnbroker are required to make application to the Mayor and City Council. Along with the application and fee, a bond is required which is to be approved by the Mayor and City Council. Discussion Linda J. Atkins and Herman T. Meyer, new owners of Stewart’s Loan and Pawn, 803 West 4th Street have submitted an application, fee, and bond for a pawnbroker’s license. If approved this license wo uld replace the license of Lyle L. and Donna L. Stewart dba Stewart’s Loan and Pawnshop located at 506 West 3rd Street. The new license would become effective immediately and expire on April 30, 2005. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the application and bond for Stewart’s Loan and Pawnshop, 803 West 4th Street 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the application and bond for Stewart’s Loan and Pawn. Sample Motion Move to approve the application and bond for Stewart’s Loan and Pawn, 803 West 4th Street. Item G2 Approving Appointments to the Electrical Board The following individuals have expressed their willingness to serve on the City of Grand Island Electrical Board for the year 2005. Shawn Messersmith, Master Electrician, Chad Johnson, Journeymen Electrician, Pat Bittner, Utility Department Representative, Bruce Kleint, General Public Representative, and Dean Mathis and Craig Lewis as Ex-Officio members. The above recommendations are made in compliance with the Grand Island City Code and approval is requested. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G3 Approving Appointments to the Plumbers Examining Board The following individuals have express their willingness to serve on the City of Grand Island Plumbing Board for a two year term 2004/2005. Doug Hough and Eric Rose as Master Plumbers, Ryan King representative from the Health Department, and David Scoggins as Ex- Officio member. The above recommendations are made in compliance with the Grand Island City code and approval is requested. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G4 Approving Appointments to the Gas Fitters & Appliance Board The following individuals have expressed their willingness to serve on the City of Grand Island Gas Fitters & Appliance Installers Board for the year 2005. Norm Nietfeldt, Master Plumber, Mike McElroy, Master Gas Fitter, Loren Peterson, Gas Company Representative, and David Scoggins and Craig Lewis as Ex-Officio members. The above recommendation is made in compliance with the Grand Island City Code and approval is requested. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G5 #2004-308 - Approving Change Order #1 to the Contract for Street Improvement District No. 1252 Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council S:\Docs\4225.doc Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: December 7, 2004 Subject: Approving Change Order No. 1 to the Contract with J.I.L. Asphalt Paving Company for Street Improvement District 1252, Lillie Drive from North Road to Mabel Drive and Mabel Drive from Lillie Drive to Edna Drive Item #’s: G-5 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background The construction contract was awarded to J.I.L. Asphalt Paving Company, Grand Island, Nebraska, on September 14, 2004. Discussion Any change orders to the contract must be approved by City Council. The Public Works Department prepared Change Order No. 1 with the following changes: Original Contract $ 34,217.25 Millings $ 195.09 Remove & Replace/Backhoe $ 400.00 Revised Contract $ 34,812.34 The items of work were needed to correct soft sub-grade. Sufficient funds are available in account 10033506-85354. The additional $595.09 dollars needed will be assessed as part of the Street Improvement District. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: S:\Docs\4225.doc 1. Approve Change Order No.1 so as the contract amount for Street Improvement District No. 1252 would be $34,812.34. 2. Refer the issue to a Committee 3. Postpone the issue to a future date. 4. Take no action on 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 contract with J.I.L. Asphalt Paving Company for Street Improvement District No. 1252. Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-308 WHEREAS, on August 24, 2004, by Resolution 2004-229, the City of Grand Island awarded the bid for Street Improvement District No. 1252 (Lillie Drive from North Road to Mabel Drive, and Mabel Drive from Lillie Drive to Edna Drive) to the J.I.L. Asphalt Paving Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by the J.I.L. Asphalt Paving Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will increase the contract amount by $595.09 for a revised contract price of $34,812.34. 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 J.I.L. Asphalt Paving Company of Grand Island, Nebraska to provide the modifications set out as follows: Millings.....................................................................................................................................195.09 Remove and replace/backhoe ......................................................................................................400.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G6 #2004-309 - Approving Certificate of Final Completion for Street Improvement District No. 1250 Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: December 7, 2004 Subject: Certificate of Final Completion for Street Improvement District 1250, Edna Drive; North Road to Mabel Drive Item #’s: G-6 Presenter(s): Steven P. Riehle, Director of Public Works Background The contract for Street Improvement District 1250 was awarded to J.I.L. Asphalt Paving Company of Grand Island, NE on August 10, 2004. Work commenced October 11, 2004 and has been completed. Discussion The work for Street Improvement District 1250 has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The project was completed on schedule at a construction price of $26,966.75. Total cost of the project, including contract administration, is $29,663.43. All of the costs for this project will be assessed to the adjacent properties. Costs for the project break down as follows: Original Bid $ 27,165.15 Under runs $ (198.40) Sub Total (Construction Price) $ 26,966.75 Additional Costs: 0.00 Engineering and Publication Costs $ 2,696.68 Total Cost $ 29,663.43 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the final completion and schedule the board of equalization. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Street Improvement District 1250 and set the Board of Equalization date of January 11, 2005. Sample Motion Move to approve the Certificate of Final Completion and set the Board of Equalization hearing for Street Improvement District 1250. J:\Admin Asst\STIMP\DISTRICTS\1250 Edna Dr\CM - Final Completion.doc ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT DISTRICT 1250 CITY OF GRAND ISLAND, NEBRASKA December 1, 2004 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1250, has been fully completed by J.I.L. Asphalt Paving Company of Grand Island, NE under the contract dated August 18, 2004. The construction of this street improvement district has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement project is hereby accepted for the City of Grand Island, Nebraska, by me as Director of Public Works in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. District No. 1250, Edna Drive from North Road to Mabel Drive. Item Total Unit Total No. Description Quantity Price Cost____ 1. Asphaltic Conc. Pavement Type “BC” 1153.8 12.50 14,422.50 2. Remove Pavement 0 1.10 0.00 3. Pavement Sawcut 0 4.00 0.00 4. Sub-Grade Prep 13.0 95.90 1,250.06 5. Asphaltic Cement 13979.2 0.76 10,624.19 6. Shouldering Backfill 13.0 40.00 520.00 7. Tack Coat 300 0.50 150.00 TOTAL CONSTRUCTION COST $ 26,966.75 LESS AMOUNT PREVIOUSLY PAID TO CONTRACTOR ($ 25,618.42) BALANCE DUE TO CONTRACTOR THIS FINAL PAYMENT $ 1,348.33 Engineering and Publication Costs - City $ 2,696.68 TOTAL COST OF STREET IMPROVEMENT DISTRICT 1250 $ 29,663.43 Average front foot cost based on Front Foot Method $ 11.83 Amount Assessable to Property Owners $ 29,663.43 City Cost $ 0.00 Respectfully submitted, Steven P. Riehle, P.E. Director of Public Works - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - December 7, 2004 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement District No. 1250, be approved and a warrant be issued from Account No. 40033525-90145 in the amount of $1,348.33 payable to J.I.L. Asphalt Paving Company for the amount due to the contractor. I further recommend that the Costs of Engineering be credited to Account No. 100.130.04516 from Account No. 40033525-90145 in the amount of $2,696.68. I further recommend that the City Council sit as the Board of Equalization on January 11, 2005 to determine benefits and levy special assessments. Respectfully submitted, Jay VavricekMayor Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-309 WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for Street Improvement District No. 1250, certifying that the J.I.L. Asphalt Paving Company of Grand Island, Nebraska , under contract dated August 18, 2004, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Street Improvement District No. 1250, is hereby confirmed. 2. A warrant be issued from Account No. 40033525-90145 in the amount of $1,348.33 payable to the J.I.L. Asphalt Paving Company for the amount due the contractor. 3. The costs of engineering in the amount of $2,696.68 be credited to Account No. 100.130.04516 from Account No. 40033525-90145. 4. The City Council will sit as a Board of Equalization on January 11, 2005 to determine benefits and set assessments for Street Improvement District No. 1250. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G7 #2004-310 - Approving Certificate of Final Completion for Street Improvement District No. 1252 Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: December 7, 2004 Subject: Certificate of Final Completion for Street Improvement District 1252, Lillie Drive from North Road to Mabel Drive, and Mabel Drive from Lillie Drive to Edna Drive Item #’s: G-7 Presenter(s): Steven P. Riehle, Director of Public Works Background The contract for Street Improvement District 1252 was awarded to J.I.L. Asphalt Paving Company of Grand Island, NE on September 14, 2004. Work commenced October 11, 2004 and has been completed. Discussion The work for Street Improvement District 1252 has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The project was completed on schedule at a construction price of $30,876.52. Total cost of the project, including contract administration, is $33,964.17. All of the costs for this project will be assessed to the adjacent properties. Costs for the project break down as follows: Original Bid $ 34,217.25 Underruns $ (3,906.07) Change Order #1 $ 565.34 Sub Total (Construction Price) $ 30,876.52 Additional Costs: Engineering and Publication Costs $ 3,087.65 Total Cost $ 33,964.17 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve final completion and schedule the board of equalization. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Street Improvement District 1252 and set the Board of Equalization date of January 11, 2005. Sample Motion Move to approve the Certificate of Final Completion and set the Board of Equalization hearing for Street Improvement District 1252. ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT DISTRICT 1252 CITY OF GRAND ISLAND, NEBRASKA December 1, 2004 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1252 has been fully completed by J.I.L. Asphalt Paving Company of Grand Island, NE under the contract dated September 22, 2004. The construction of this street improvement district has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement project is hereby accepted for the City of Grand Island, Nebraska, by me as Director of Public Works in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. District No. 1252, Lillie Drive from North Road to Mabel Drive and Mabel Drive from Lillie Drive to Edna Drive. Item Total Unit Total No. Description Quantity Price Cost____ 1. Asphaltic Conc. Pavement Type “BC” 1516.7 11.50 17,441.59 2. Remove Pavement 0 1.10 0.00 3. Pavement Sawcut 0 4.00 0.00 4. Sub-Grade Prep 17.2 95.90 1,646.60 5. Asphaltic Cement 13376.9 0.76 10,166.44 6. Shouldering Backfill 17.17 40.00 686.80 7. Tack Coat 400 0.85 340.00 CHANGE ORDER NO. 1 $ 595.09 TOTAL CONSTRUCTION COST $ 30,876.52 LESS AMOUNT PREVIOUSLY PAID TO CONTRACTOR ($ 29,332.70) BALANCE DUE TO CONTRACTOR THIS FINAL PAYMENT $ 1,543.82 Engineering and Publication Costs - City $ 3,087.65 TOTAL COST OF STREET IMPROVEMENT DISTRICT 1252 $ 33,964.17 Average front foot cost based on Front Foot Method $ 9.61 Amount Assessable to Property Owners $ 33,964.17 City Cost $ 0.00 Respectfully submitted, Steven P. Riehle, P.E. Director of Public Works - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - December 7, 2004 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement District No. 1252, be approved and a warrant be issued from Account No. 10033506-85354 in the amount of $1,543.82 payable to J.I.L. Asphalt Paving Company for the amount due to the contractor. I further recommend that the Costs of Engineering be credited to Account No. 100.130.04516 from Account No. 10033506-85354 in the amount of $3,087.65. I further recommend that the City Council sit as the Board of Equalization on January 11, 2005 to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor J:\Admin Asst\STIMP\DISTRICTS\1252 Lille & Mabel\1252 FinalCertificate.doc Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-310 WHEREAS, the Public Works Director of the City of Grand Island has issued a Certificate of Final Completion for Street Improvement District No. 1252, certifying that the J.I.L. Asphalt Paving Company of Grand Island, Nebraska , under contract dated September 22, 2004, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with the Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Public Works Director's Certificate of Final Completion for Street Improvement District No. 1252, is hereby confirmed. 2. A warrant be issued from Account No. 10033506-85354 in the amount of $1,543.82 payable to the J.I.L. Asphalt Paving Company for the amount due the contractor. 3. The costs of engineering in the amount of $3,087.65 be credited to Account No. 100.130.04516 from Account No. 10033506-85354. 4. The City Council will sit as a Board of Equalization on January 11, 2005 to determine benefits and set assessments for Street Improvement District No. 1252. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G8 #2004-311 - Approving Continuation of Street Improvement District 1255; Independence Ave, Shanna St. & Lariat Lane Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director/City Engin City of Grand Island City Council S:\Docs\4230.doc Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: December 7, 2004 Subject: Approving Continuation of Street Improvement District 1255, Independence Avenue, Shanna Street & Lariat Lane Item #’s: G-8 Presenter(s): Steven P. Riehle, Director of Public Works Background Street Improvement District 1255 was created by the City Council on October 26, 2004. Legal notice of creation of the District was published in the Grand Island Daily Independent on November 2, 2004. Notification was also mailed to the property owners on that date, stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. Discussion This district completed the 20-day protest period at 5:00 p.m., Monday, November 22, 2004. No valid protests were filed against this district. One owner, Third City Christian Church, filed a protest due to the fact that their property along Shanna Street would be subject to an assessment for the paving of Independence Avenue. The church represents 12.02% of the total district frontage, however, they had waived the right of protest during the subdivision process. Accordingly, the District may be continued and constructed. Alternatives It appears that Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the continuation and construction of District 1255 2. Refer the issue to committee. 3. Postpone the issue. 4. Take no action on the issue. S:\Docs\4230.doc Recommendation City Administration recommends that the Council approve the continuation and construction of District 1255. Sample Motion Move to approve and continuation and construction of Street Improvement District 1255. Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-311 WHEREAS, Street Improvement District No. 1255 comprising a part of Independence Avenue, Lariat Lane and Shanna Street was created by Ordinance No. 8938 on October 26, 2004; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on November 22, 2004, and no valid protests were filed with the City Clerk against the creation of Street Improvement District 1255. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1255, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G9 #2004-312 - Approving State Bid Award for Six (6) Police Vehicles Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Kyle Hetrick City of Grand Island City Council Council Agenda Memo From: Captain Robert Falldorf, Police Department Meeting: December 7, 2004 Subject: Approving State Bid Award for Six (6) 2005 Police Vehicles Item #’s: G-9 Presenter(s): Kyle Hetrick, Chief of Police Background The 2004/2005 Police Budget includes the annual replacement/rotation of marked police vehicles in the amount of $156,000.00. The budgeted estimate per vehicle is $26,000.00. These funds are available in Fund/Account No. 10022301.85625. Discussion Anderson Ford of Lincoln, Nebraska holds State Contract No. NIS-11110 OC. Purchasing the vehicles from the State contract holder meets all statutory bidding requirements. The Police Department is requesting to purchase one (1) 2005 Ford Crown Victoria police vehicle (with wiring package) in the amount of $23,560 and five (5) 2005 Ford Crown Victoria police vehicles (without wiring packages) in the amount of $21,760.00 each. Six (6) used Ford Crown Victoria Police vehicles will be traded in for an amount of $4,000.00 each. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purchase of six (6) 2005 Ford Crown Victoria Police vehicles 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of six (6) 2005 Ford Crown Victoria Police vehicles from Anderson Ford of Lincoln, Nebraska. Sample Motion Move to approve the purchase of six (6) 2005 Ford Crown Victoria Police vehicles under state contract from Anderson Ford of Lincoln, Nebraska for a total amount of $132,360.00. Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-312 WHEREAS, the Police Department has budgeted to replace six police vehicles during the 2004/2005 fiscal year; and WHEREAS, said vehicles can be obtained from the State contract holder; and WHEREAS, purchasing the vehicles from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicles is provided in the 2004/2005 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2005 Ford Crown Victoria police vehicle for the amount of $23,560; and five 2005 Ford Crown Victoria police vehicles in the amount of $21,760 each from the State contract holder, Anderson Ford of Lincoln, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G10 #2004-313 - Approving Interlocal Agreement for Library Services with Hall County Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: December 7, 2004 Subject: Approving Interlocal Agreement with Hall County Relative to Bookmobile Item #’s: G-10 Presenter(s): Steve Fosselman Background Hall County has a 40+ year history of contracting with the Grand Island Public Library and City of Grand Island for county residents’ use of the library facilities including the Hall County Bookmobile. A library board committee usually meets with a county board committee to negotiate a new agreement, which in some instances has been multi-year but in this instance is a single-year agreement. Discussion The agreement as negotiated and approved by the Hall County Board of Supervisors on November 16, 2004 provides for a $77,500 payment by the county to the library for these services, retroactive to July 1, 2004 and effective through June 30, 2005. Last year’s agreement provided for a payment of $70,466. Also included in the agreement is the county’s provision/maintenance of mobile data connection equipment and service to facilitate the bookmobile’s online computer functions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve this interlocal agreement. Sample Motion Motion to approve Interlocal Agreement with Hall County Relative to Bookmobile. Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-313 WHEREAS, Hall County desires to have comprehensive library services provided for the citizens and schools of Hall County; and WHEREAS, Nebraska statutes provide that the County Board of Supervisors may contract for the services of a public library already established and may levy a tax for such library service in accordance with said statutes; and WHEREAS, the Grand Island Library Board and the County of Hall intend to provide library service through the facilities of the library with the cooperation of the County of Hall; and WHEREAS, a form of Agreement has been agreed to between the Grand Island Library Board and the County of Hall. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement by and between the Grand Island Library Board and the County of Hall, Nebraska, for library services to the residents of Hall County 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, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item G11 #2004-314 - Approving State Bid Award for One (1) 2005 Chevy Impala for the Public Works Department Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: Steve Riehle City of Grand Island City Council S:\Docs\4231.doc Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: December 7, 2004 Subject: Purchase of 2005 Chevrolet 4-door Sedan (Impala) for the Engineering Division of the Public Works Department Item #’s: G-11 Presenter(s): Steven P. Riehle, Director of Public Works Background The Engineering Division of the Public Works Department budgeted to replace a 1995 Chevrolet Caprice (former police cruiser). The vehicle is only used in town because it is not considered reliable for highway travel. Discussion The vehicle specifications awarded under State of Nebraska contract #11120 OC meets all of the requirements for the Engineering Division vehicle. Husker Auto Group of Lincoln, NE submitted a bid with no exceptions in the amount of $15,579.00. There are sufficient funds for this purchase in Account No. 10033001-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the purchase of the vehicle. 2. Disapprove the purchase of the vehicle. 3. Modify or postpone the purchase. 4. Take no action on the purchase. Recommendation City Administration recommends that the Council approve the purchase of the vehicle in the amount of $15,579.00 from Husker Auto Group of Lincoln, NE. S:\Docs\4231.doc Sample Motion Move to approve the purchase of the Engineering Division vehicle from Husker Auto Group in the amount of $15,579.00. Approved as to Form ¤ ___________ December 2, 2004 ¤ City Attorney R E S O L U T I O N 2004-314 WHEREAS, the Engineering Division of the Public Works Department has budgeted to replace a 1995 Chevrolet Caprice during the 2004/2005 fiscal year; and WHEREAS, said vehicle can be obtained from the State contract holder; and WHEREAS, purchasing the vehicle from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2004/2005 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2005 Chevrolet Impala for the amount of $15,579.00 from the State contract holder, Husker Auto Group of Lincoln, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 7, 2004. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of November 24, 2004 through December 7, 2004 The Claims for the period of November 24, 2004 through December 7, 2004 for a total amount of $4,698,249.18. A MOTION is in order. Tuesday, December 07, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council