03-22-2005 City Council Regular Meeting PacketCity of Grand Island
Tuesday, March 22, 2005
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 Gary Schulte, Evangelical Free Church,
2609 South Blaine 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 C1
Recognition of Robert Holmes, Computer Programmer, Finance
Department for 35 Years of Service with the City
The Mayor and City Council will recognize Robert Holmes, Computer Programmer in the
Data Processing Division of the Finance Department for his 35 years of service with the City
of Grand Island. Mr. Holmes was hired on March 9, 1970 as an Accountant and was
promoted on December 1, 1972 to Business Manager. On July 14, 1980 Mr. Holmes moved
to Operations Manager of Data Processing and became Director of Data Processing on
August 1, 1990, with a title change to Data Processing Manager on February 7, 1994. He
then moved to Computer Programmer on October 6, 2003. We congratulate Mr. Holmes for
his dedicated service to the City.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item C2
Proclamation "Child Abuse Prevention Month" April 2005
Because all children deserve love, comfortable homes, and tender care from parents and
adults who make them feel safe, happy and loved and because many children were involved
in substantiated cases of abuse and neglect in 2004, and because the effects of child abuse
are felt by whole communities and need to be addressed by the entire community, the Mayor
has proclaimed the month of April, 2005 as "Child Abuse Prevention Month". See attached
PROCLAMATION.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, a total of 1,434 child abuse and neglect cases were investigated and a
total of 251 cases were substantiated through the Grand Island
Regional Nebraska Health and Human Services System and law
enforcement in Hall, Hamilton, Merrick and Howard Counties in
2004; and
WHEREAS, the effects of child abuse are felt by whole communities and must be
addressed by the entire community; and
WHEREAS, effective child abuse prevention programs succeed because of
partnerships created among social service agencies, schools, religious
organizations, law enforcement agencies and the business community;
and
WHEREAS, all citizens should become more aware of child abuse and its
prevention within the community and become involved in supporting
parents to ensure their children are valued, safe and healthy.
NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, do hereby
proclaim the month of April, 2005 as
“Child Abuse Prevention Month”
in the City of Grand Island and call upon all citizens to accept their
responsibility for reporting and preventing child abuse and to wear a
Blue Ribbon to show that it shouldn’t hurt to be a child. Remembering
that, every child should be valued, safe and healthy and deserves a
Blue Ribbon.
IN WITNESS WHEREOF, I have hereunto set my hand and caused
the Great Seal of the City of Grand Island to be affixed this 22nd day
of March in the year of our Lord Two Thousand and Five.
_____________________________________________ Mayor of Grand Island, Nebraska Attest: _____________________________________________ RaNae Edwards, City Clerk
Item C3
Proclamation "Community Development Week" March 28-April 3,
2005
The Community Development Block Grant (CDBG) program provides Nebraskans with safe,
affordable and accessible housing and infrastructure; and quality jobs and investment,
through financing new and expanding business. The CDBG program was established in 1974
as a part of the Housing and Community Development Act, and in 1981, the Nebraska
Department of Economic Development (DED) instituted a CDBG program. In 1986, the
National Community Development Association initiated National Community Development
Week to remind Congress of the importance of the Community Development Block Grant
(CDBG) program. This reminder is no less important today than it was almost 20 years ago.
As the CDBG program manager for HUD, the Nebraska Department of Economic
Development encourages Nebraska communities to celebrate Community Development Week
through a variety of activities to increase public awareness and educate residents about
services and facilities provided in each community. In conjunction with other activities
throughout the state, the City is proclaiming March 28 – April 3 as Community Development
Week in Grand Island.
In recognition of the benefit the CDBG program provides to the City of Grand Island, this
proclamation represents acknowledgement of the programs value. For example, in 2004
program income reuse funds were used to provide down payment assistance to three (3) first-
time, low-income homebuyers. The program income reuse fund is comprised of loan pay-offs
from past down payment assistance and owner-occupied rehabilitation loans.
These three down payment assistance loans totaled $29,740. The average loan was
$14,896.67. The taxable value for these three homes totals $146,642. Current statistics
regarding the CDBG program shows that it is an economically proven program in Nebraska,
with evidence that $6.85 is spent privately for every $1 of CDBG money spent. Grand Island
is fortunate to have continued Block Grant investment.
The contribution of Community Development programs to the community far exceeds the
above figures. The Senior Center expansion and renovation, combined with a maximum of
$25,000 of improvements to ten (10) homes in Grand Island between 2003-2005, will make a
significant economic contribution to Grand Island.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, Nebraska’s communities are the foundation for providing a high
quality of life for its residents; and
WHEREAS, the City of Grand Island has demonstrated a dedication to the
economic, social, and cultural growth in this community; and
WHEREAS, the City of Grand Island has actively supported community
development activities, including a first-time homebuyer down
payment assistance program; owner-occupied rehabilitation
program; public works projects, including the Grand Generation
Center expansion and renovation; and acquisition and demolition
in Grand Island.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska,
do hereby proclaim the week of March 28 – April 3, 2005 as
“COMMUNITY DEVELOPMENT WEEK”
in the City of Grand Island, and encourage all citizens OF
Grand Island to support community development activities this
week and throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this twenty-second day of
March in the year of our Lord Two Thousand and Five.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Acquisition of Utility Easement - 3604 South
Blaine Street, South of Hwy. 34 - H & J Investments
Tuesday, March 22, 2005
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: March 22, 2005
Subject: Acquisition of Utility Easement – H & J Investments –
South Blaine Street, South of Hwy. 34
Item #’s: E-1 & G-5
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 H & J Investments, LLC, located along the south line of Meadowlark Estates
Subdivision (3604 S. Blaine 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 place underground cable and a junction box along the south
side of Meadowlark Estates. The cable will create a two-way feed for most of the
transformers in Meadowlark Estates. The existing electrical cable in this area is nearing
the end of its useful life and needs to be replaced prior to total failure. By creating a two
–way feed, individual sections of cable can be replaced without causing long outages to
all of the customers in the subdivision.
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 easement for one dollar ($1.00).
Sample Motion
Approve the acquisition of the Utility Easement.
Item F1
#8953 - Consideration of Annexation of Land Proposed for
Platting as Preisendorf Subdivision Located North of Oklahoma
Avenue and East of Washington Street (Final Reading)
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 22, 2005
Subject: Annexation (Final Reading)
Item #’s: F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This application proposes to annex property located in the NW ¼ NE ¼ 21-11-9 into the
City of Grand Island. This land is directly adjacent to the current City limit lines, and is
proposed for platting as Preisendorf Subdivision.
Discussion
The owner of this property is proposing to subdivide the property into two lots as an
addition to the City of Grand Island. The property is contiguous with the Grand Island
Corporate Limits and was part of the county industrial tract. This property may not be
annexed by the City as long as it is part of the County Industrial Tract, however the Hall
County Board is processing an application to remove this property from that tract. This
should be completed prior to council action on this property and must be done prior to
final action on the property. City water and sewer are available to the property. The
subdivider will extend the water line along the front of the property between Lincoln
Street and across the Washington Street Right-Of-Way as part of the subdivision
agreement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the annexation as presented
2. Modify the annexation to meet the wishes of the Council
3. Deny the request for annexation
4. Table the issue
Recommendation
A motion was made by Miller and seconded by Amick to approve and recommend that
the Grand Island City Council approve the annexation of this land into the City of Grand
Island.
A roll call vote was taken and the motion passed with 10 members present (Amick,
Haskins, Lechner, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes,
Wagoner) voting in favor.
Sample Motion
Approve this annexation as presented.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
ORDINANCE NO. 8953
An ordinance to annex Preisendorf Subdivision into the City of Grand Island ; to
repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication
and the effective date of this ordinance.
WHEREAS, Preisendorf Plumbing & Heating, Inc., a Nebraska corporation, as
owner, ha s caused to be laid out into lots, a tract of land comprising a part of the Northwest
Quarter of the Northeast Quarter (NW1/4, NE1/4) of Section Twenty One (21), Township
Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, under the
name of PREISENDORF SUBDIVISION, which is proposed to be an addition to the City of
Grand Island; and
WHEREAS, after public hearing on February 2, 2005, the Regional Planning
Commission recommended the approval of annexing such addition into the City of Grand Island;
and
WHEREAS, on February 22, 2005, the City Council found and determined that
such annexation be approved on first reading; and
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8953 (Cont.)
- 2 -
WHEREAS, on March 8, 2005, the City Council found and determined that such
annexation be approved on second reading; and
WHEREAS, on March 22, 2005, the City Council found and determined that such
annexation be approved on third and final reading.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Preisendorf Subdivision is hereby annexed into the City of
Grand Island, and shall be entitled to all the rights and privileges, and shall be subject to all the
laws, ordinances, rules, and regulations of the City of Grand Island
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: March 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8963 - Consideration of Creation of Water Main District 449T -
North Road and Faidley Avenue
Tuesday, March 22, 2005
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: March 22, 2005
Subject: Creation of Water Main District 449T – North Road and
Faidley Avenue
Item #’s: F2
Presenter(s): Gary R. Mader, Utilities Director
Background
The west and northwest areas of Grand Island continue to see extensive growth, with resulting
increased demand for water service. In accordance with the Water Department’s long range
master plan, system improvements are scheduled to meet that growth. The ’04-’05 budget
includes funding to expand the pumping capacity at the west reservoir (at the intersection of Old
Potash and North Road) that serves the area. The pumping station expansion project is under
contract and construction is underway.
Also included in the ’04-’05 Water Department budget is the construction of water trunk lines
needed to utilize the additional pumping station capacity. The proposed Water Main District
449T would route water from the pump station, north along North Road and east along the future
Faidley Avenue right-of-way. The project will provide increased flows and pressure to existing
and developing areas in the west and northwest portions of the City. Please see the attached plat
indicating the district’s boundary.
Discussion
The trunk line construction is proposed to be done as a Connection District, which has been the
department’s standard method for completing needed system expansions through undeveloped
areas. The connection fees associated with the district would not be collected until the water
main is actually “tapped” to provide direct service to an adjacent property when it develops.
The proposed District’s construction would provide for the installation of 24” and 12” water
mains and appurtenances. Attached are copies of the plat, legal description, and name of the
property owner in the District’s boundary.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve Ordinance 8963 creating Water Main District 449T
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 creation of Water Main District
449T along North Road and east along the future Faidley Avenue right-of-way.
Sample Motion
Motion to approve Ordinance 8963 to create Water Main District 449T.
WATER MAIN DISTRICT 449T BOUNDARY
ORDINANCE NO. 8963
Beginning at the northwest corner of the Southwest Quarter (SW1/4) Section Thirteen
(13), Township Eleven (11) North, Range Ten (10) West of the 6TH PM, Grand Island,
Hall County, Nebraska; thence easterly along the northerly line of the said Southwest
Quarter (SW 1/4), a distance of two thousand four hundred forty two and eighty nine
hundredths (2,442.89) feet to a point one hundred eighty four (184.0) feet west of the
northeast corner of the said Southwest Quarter (SW 1/4); thence southerly and parallel
with the easterly line of said Southwest Quarter (SW 1/4), a distance of one hundred
(100.0) feet; thence westerly on a line that is parallel with and offset southerly one
hundred (100.0) feet from the southerly right-of-way line of Faidley Avenue, a distance of
two thousand three hundred thirteen and twenty five hundredths (2,313.25) feet, to a point
two hundred forty six (246.0) feet easterly of the westerly line of the said Southwest
Quarter (SW 1/4); thence southerly and parallel with the westerly line of said Southwest
Quarter (SW 1/4), a distance of one thousand six hundred nine and thirty eight (1,609.38)
feet, to a point four hundred thirty three (433.0) feet north of the southerly line of the said
Southwest Quarter (SW 1/4); thence westerly and parallel with the southerly line of said
Southwest Quarter (SW 1/4), a distance of two hundred eighty six (286.0) feet, to a point
on the westerly right-of-way line of North Road; thence northerly along the westerly right-
of-way line of said North Road, a distance of two thousand two hundred twenty two and
three hundredths (2,222.03) feet; thence easterly a distance of forty (40.0) feet to the said
Point of Beginning.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
ORDINANCE NO. 8963
An ordinance creating Water Main District No. 449T in the City of Grand Island,
Hall County, Nebraska; defining the boundaries of the district; providing for the laying of water
mains in said district; approving plans and specifications and securing bids; providing for the
connection fee for connecting to such water main; providing for certification to the Register of
Deeds; and providing the effective date hereof.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Water Main District No. 449T in the City of Grand Island,
Nebraska, is hereby created for the laying of twenty four (24.0) and twelve (12.0) inch water
mains with its appurtenances in Faidley Avenue, eastward from North Road in the City of Grand
Island, Hall County, Nebraska.
SECTION 2. The boundaries of such water main district shall be more
particularly described as follows:
Beginning at the northwest corner of the Southwest Quarter (SW1/4) Section
Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6TH PM,
? This Space Reserved for Register of Deeds ?
ORDINANCE NO. 8963 (Cont.)
- 2 -
Grand Island, Hall County, Nebraska; thence easterly along the northerly line of
the said Southwest Quarter (SW 1/4), a distance of two thousand four hundred
forty two and eighty nine hundredths (2,442.89) feet to a point one hundred eighty
four (184.0) feet west of the northeast corner of the said Southwest Quarter (SW
1/4); thence southerly and parallel with the easterly line of said Southwest Quarter
(SW 1/4), a distance of one hundred (100.0) feet; thence westerly on a line that is
parallel with and offset southerly one hundred (100.0) feet from the southerly
right-of-way line of Faidley Avenue, a distance of two thousand three hundred
thirteen and twenty five hundredths (2,313.25) feet, to a point two hundred forty
six (246.0) feet easterly of the westerly line of the said Southwest Quarter (SW
1/4); thence southerly and parallel with the westerly line of said Southwest
Quarter (SW 1/4), a distance of one thousand six hundred nine and thirty eight
(1,609.38) feet, to a point four hundred thirty three (433.0) feet north of the
southerly line of the said Southwest Quarter (SW 1/4); thence westerly and
parallel with the southerly line of said Southwest Quarter (SW 1/4), a distance of
two hundred eighty six (286.0) feet, to a point on the westerly right-of-way line of
North Road; thence northerly along the westerly right-of-way line of said North
Road, a distance of two thousand two hundred twenty two and three hundredths
(2,222.03) feet; thence easterly a distance of forty (40.0) feet to the said Point of
Beginning, as shown on the plat dated March 7, 2005, attached hereto and
incorporated herein by this reference.
SECTION 3. Said improvement shall be made in accordance with plans and
specifications approved by the Engineer for the City, who shall estimate the cost thereof. Bids
for the construction of said water main shall be taken and contracts entered into in the manner
provided by law.
SECTION 4. The cost of construction of such water main connection district
shall be reported to the City Council, and the Council, sitting as a Board of Equalization, shall
determine benefits to abutting property by reason of such improvement pursuant to Section 16-
6,103, R.R.S. 1943. The special benefits shall not be levied as special assessments but shall be
certified by resolution of the City Council to the Hall County Register of Deeds. A connection
fee in the amount of the special benefit accruing to each property in the district shall be paid to
the City of Grand Island at such time as such property becomes connected to the water main in
ORDINANCE NO. 8963 (Cont.)
- 3 -
such district. No property thus benefited by water main improvements shall be connected to the
water main until the connection fee is paid.
SECTION 5. This ordinance shall be in force and take effect from and after its
passage, approval, and publication, without the plat, within fifteen days in one issue of the Grand
Island Independent.
SECTION 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, without the plat,
as provided by law.
Enacted March 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8968 - Consideration of Creation of Sanitary Sewer No. 517;
Deadwood Subdivision, Near Johnstown Road and Arch Avenue
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 22, 2005
Subject: Consideration of Creation of Sanitary Sewer No. 517;
Deadwood Subdivision
Item #’s: F3
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is needed to create a sanitary sewer district. If created, a notice will
be mailed to all effected 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. Public Works staff has been working on design of this
District, and has established a boundary for the District that makes sense for the
area. If created, a notice will be mailed to all effected property owners and a 30-
day protest period allowed.
Alternatives
It appears that the Council has the following alternatives concerning this issue at hand.
The Council may:
1. Approve the recommendation to create Sanitary Sewer District 517.
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 approve the creatio n of Sanitary Sewer
District 517. A ten (10) year assessment period is recommended.
Sample Motion
Move to approve the creation of Sanitary Sewer District # 517.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
ORDINANCE NO. 8968
An ordinance creating Sanitary Sewer District No. 517 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. 517 is hereby created for the
construction of a ten (10) inch sanitary sewer main and appurtenances thereto in Industrial
Foundation Subdivision and in Deadwood Subdivision 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 northeast corner of Lot Two (2) Industrial Foundation
Subdivision; thence south on the easterly line of Lot Two (2) Industrial
Foundation Subdivision and Lot Four (4) Deadwood Subdivision to the south line
of Lot Four (4) Deadwood Subdivision; thence southwesterly on the south line of
Lots One (1), Two (2), Three (3), and Four (4) Deadwood Subdivision and a
* This Space Reserved for Register of Deeds *
ORDINANCE NO. 8968 (Cont.)
- 2 -
prolongation thereof to the west line of Johnstown Road; thence northwesterly on
the west line of Johnstown Road to the south line of U.S. Highway 30; thence
northeasterly on the south line of U.S. Highway 30 also being the north line of
Lots Two (2), Three (3), Four (4), and Five (5) Industrial Foundation Subdivision
to the point of beginning, all as shown on the plat dated March 4, 2005, 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 payment of any warrants or bonds with
interest, issued for the purpose of paying the cost of such sewer in such district; and such special
assessments shall be paid and collected in a fund to be designated and known as the Sewer and
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.
ORDINANCE NO. 8968 (Cont.)
- 3 -
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: March 22, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of March 5, 2005 City Council Special Study
Session (Retreat)
The Minutes of March 5, 2005 City Council Special Study Session (Retreat) are submitted for
approval. See attached MINUTES.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL SPECIAL STUDY SESSION (RETREAT)
March 5, 2005
Pursuant to due call and notice thereof, a Study Session (Retreat) of the City Council of the City
of Grand Island, Nebraska was conducted at Home Federal Bank, 3311 West Stolley Park Road
on March 5, 2005. Notice of the meeting was given in the Grand Island Independent on February
26, 2005.
Mayor Jay Vavricek called the meeting to order at 8:05 a.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, Public Works Director Steve Riehle, City Attorney
Doug Walker, Finance Director David Springer, Police Chief Kyle Hetrick, Utilities Director
Gary Mader, Human Resources Director Brenda Sutherland, Building Department Director Craig
Lewis, Fire Chief Jim Rowell, Library Director Steve Fosselman, Parks & Recreation Director
Steve Paustian, and Regional Planning Director Chad Nabity.
INTRODUCTION:
Mayor Vavricek commented on last years Council Retreat at Crane Meadows and the number of
accomplishments that had happened over the last two years. The Mayor mentioned the new
leadership with new councilmember’s, Mayor, and City Administrator over the last few years.
Changes within the City that have happened over the years had become more effective and
efficient. The Mayor introduced Sandy Olson, Professional Registered Parliamentarian.
ROBERTS RULES OF ORDER: Sandy Olson, Professional Registered Parliamentarian
presented a map to a successful meeting. Presented were the rights of members, the Order of
Business, and the eight steps of handling a motion in a meeting. Discussion and council
participation was had with regards to subsidiary and privilege motions.
REVIEW OF LAST YEARS GOALS:
City Administrator Gary Greer reviewed the following 2004-2005 Council Goals and their
progress:
Public Safety:
· Deve lop a Fire Training Facility – Site and needs recommendation to Council on March
1, 2005
· Replace Fire Station #1 – Site and needs recommendation on March 1, 2005
· Work on legislation to improve law enforcement effectiveness – Sought support from LE
professional organizations (POAN, PCAN, NSA) for redlight camera legislation ; Passed
a more enforceable noise ordinance
Page 2, City Council Special Study Session (Retreat), March 5, 2005
· Continue to develop and implement Community Policing Programs – Think Ba4U Wink;
Alcohol Compliance Checks at Bars; DUI Selective Enforcement; Click-it or Ticket; U
Drink U Drive U Lose; Saturation Patrols; Loud Stereo Selective Enforcement
· Address Problems with Domestic Violence/Abuse through programs – Safe Haven Grant
allowed for hiring of new coordinator & program development; 2-week training at
NLETC for Victim Assistance Coordinator
· Address issues with illegal Drugs through programs – Project Safe Neighborhoods 7
federal indictments on drug gun violence; Received $100,000 grant through HIDTA for
drug enforcement; SICA funding
Economic Development:
· Assist in creating and retaining quality jobs – Mayor/City Administrator involved in
recruitment efforts with Economic Development Corporation
· Become a “Training Center” for various groups – Consultants reviewing and studying
potential sites for Fire Training Facility
· Help develop Downtown programs – Coordinated improvements, upkeep and
maintenance; Cooperated in various downtown events
· 50,000 + population before April 2010 – Metropolitan statistical areas as defined by US
Census include urbanized area outside of city limits; 1% annual growth will put GI over
50,000 by 2010; Initiation of 2010 study September 2004
Infrastructure:
· Create better, more accessible entryways to Grand Island – South Locust Interchange
open; Widening of Hwy 30 East 60% complete – Project continues past Capital and
Gunbarrel into Merrick County
· Find funding for the upgrade of Grand Island’s Infrastructure – Meeting scheduled with
DEQ staff to discuss Brownfields, funding for water/sewer extensions & other proactive
methods; City Representation on Community Transportation Committee-working to
obtain federal funding
· Finalize the Comprehensive Plan, assure for the long term planning of the City – Adopted
and effective August 1, 2004
· Annexation and development of new subdivisions – Presentation at March 5th City
Council Retreat
Government Efficiency:
· Enhance communication by reinventing GITV and webpage – Phase I & II of website
underway-new look & feel and additional features & services. New PSA’S &
programming on GITV including high school sports from Grand Island Senior High,
Grand Island Central Catholic, Heartland Lutheran and Grand Island Northwest
· Seek inter local partnerships that eliminate duplication and promote efficiency –
Reviewing State Records Board grant for websit e development/Various agreements with
Hall County
· Reduce costs by streamlining city services – Systems and program enhancements have
allowed a reduction of 1.5 FTE’s over the last two years; Code Compliance restructuring
· Shift tax burden from property tax – Successful passage of half percent sales tax includes
a $3,875,000 increase in sales tax and a 32.7% drop in the property tax levy
Page 3, City Council Special Study Session (Retreat), March 5, 2005
· Implement a streamlined system through Information Technology – New Information
technology technician hired
Quality of Life:
· Expand Library services – RFP for design/build team scheduled to be issued 3-9-05;
Building Program document under development; Acquisition of property west of library
progressing; Grand Island Facilities Corporation established; Study Session 2-1-05 to
discuss project progress and RFP issuance
· Support ethnic diversity programs – Library obtained federal grant to work with a
multicultural consultant in 10-04 to determine improvements needed in library services
will be working with coordinator to make improvements 1-05 to 6-05. Councilmember
representation on Multicultural Coalition
· Develop a Greenspace policy – Dead Project – Not legal to pursue per attorney
· Develop more recreational facilities – In process – Arboretum planning in works, CAAP
Shooting facility open for business, Trails & Island Oasis expansion
· Develop a CAAP recreational vehicle park – Project has not started – Focus is on
developing the rifle/pistol range this fiscal year
· Funding for Hike/Bike Trails – Received grant for Riverway Trail
· Find funds and implement programs to improve housing – Comprehensive Revitalization
Action Plan and Needs Assessment due 4-15-05; $300,000 to be awarded annually
· Conduct an Aquatics Study – Completed
Community:
· Youth Development – NCFF Grant received for 2005; continued youth programs,
activities and collaborations between CYC, YLT, and MC; Continued programming at
library for infancy to teens
Public Health:
· Regional Hazardous Waste Site – HHW presentation at 1-4-05 Study Session; Submit
with councils approval DEQ grant and business plan 2-05
· Evaluate programs that enhance the quality of housing in the City – Continue Rehab and
Down Payment Assistance Housing Programs; Homeless Housing Planning Grant
announced in Jan
· Evaluate programs that minimize the usage of illegal drugs – D.A.R.E. program;
G.R.E.A.T. program
· Investigate the issue of banning smoking – Currently being reviewed by Health
Department; Proposed ballot language is prepared along with a preliminary draft of
ordinance
PRESENTATIONS:
Environmental Update:
Waste Water Treatment Plant: Steve Riehle, Public Works Director reported that the City had
purchased properties in the area of the Waste Water Treatment Plan to serve as buffer properties
surrounding the facility. The Arends, Yeager, and Miller Lakes were purchased in 2004. The
Page 4, City Council Special Study Session (Retreat), March 5, 2005
sites had been cleared and the properties were fenced. The city was working with consultants,
CH2M Hill of Denver, Colorado to develop a plan to improve the quality of the Arends and
Miller Lakes. Reviewed were maps of these areas.
City Wells Sites: Gary Mader, Utilities Director reviewed the history of the city well sites. A
majority of the wells within the City had been relocated to the Well Field on the Platte River.
Presented were maps of city wells that had been removed due to septic, nitrate PCE, and RDX
contamination along with maps of the Central PCE, RDX, and Multiple VOC Plumes.
Annexation/Expansion of Services: Chad Nabity, Regional Planning Director reviewed the
Annexation Policy and possible future properties that could be annexed into the City. Discussion
was held with regards to water and sewer costs for these areas. Also reviewed were maps of
developed and undeveloped areas and infrastructure availability within the City. Mr. Nabity
stated the Council would need to decide if the City should infill or annex property into the City.
Discussion was held concerning financing and rate structure for these infrastructures.
LUNCH WITH HALL COUNTY BOARD OF SUPERVISORS:
The following Hall County Board Supervisors were present for the Joint City/County Special
Study Session: Jim Eriksen, Pamela Lancaster, Bud Jeffries, Bob Rye, Scott Arnold, and Marla
Connelly County Clerk.
City/County Efficiency Committee: Mayor Vavricek commented on many of the Interlocal
Agreements with the County to make government more efficient. Supervisor Pam Lancaster
commented on the Informational Technology efforts between the City and County. It was
decided to set up a committee with county, city and local citizen representatives to look at ways
to become more efficient.
Law Enforcement Center Agreement: Police Chief Kyle Hetrick reported on the joint city/county
public safety center. The following items were mentioned:
General Terms:
· Joint occupation of the facility with the Hall County Sheriff’s Office and the Grand
Island Police Department
· Joint regulation of facility by a combined Hall/Grand Island board
Specific Terms:
· Information management system for both agencies responsibility of Hall County as
outlined in existing inter-local agreement of August 2001
· Evidence and property services for both agencies responsibility of Grand Island as
outlined in an agreed upon memorandum of understanding delineating day-to-day
responsibilities
· Vehicle impoundment responsibilities will be combined as outlined in the
aforementioned memorandum of understanding
Page 5, City Council Special Study Session (Retreat), March 5, 2005
Facility Use:
· Grand Island and Hall County will agree to an annual use of space fee of twenty-five
thousand ($25,000) per agency for annual maintenance and future capital expenditures
for the facility. Grand Island shall be responsible for the maintenance of the law
enforcement center building
Duplication:
· There shall be no duplication of combined services as set forth by any party subject to
this inter-local agreement and memorandum of understanding
Jail Update: Supervisor Pam Lancaster reported on the work being done on a new jail. The
County is currently working on a new bond election in the near future and the changes that have
been made from the previous bond election. Supervisor Lancaster thanked the Council for their
support.
City’s Future Annexation Plans: Gary Greer City Administrator commented that the City’s future
annexation plan was included in the Comprehensive Plan. County Supervisor Erickson
commented that annexation had caus ed problems between the school districts and wanted to see
the City and County work together to facilitate communication to try to avoid those situations.
PRESENTATIONS:
Major Project Financing: David Springer, Finance Director updated the Council on the Capital
Projects brought about through the 1/2 cent sales tax. Mr. Springer stated the City was very
fortunate to have approximately $11 million in cash and felt that the Fire Station could be paid
for and not bonded.
Modern Roundabouts: Steve Riehle, Public Works Director reported that roundabouts had been
used in other countries for a number of years and more increasingly in the United States the past
few years. A PowerPoint presentation was presented to show how roundabouts worked, their
safety, and efficiency.
Discussed was a location at the intersection of Capital Avenue and North Road for the proposed
first roundabout in Grand Island.
Gas Company Update: Doug Walker, City Attorney stated they were still working on the gas
company purchase but at this time there was nothing new to report.
GOALS FOR 2005-2006:
City Administrator Gary Greer commented that at the Tuesday, March 8, 2005 Regular Meeting
the agenda item for the Fire Station and Training Center would be continued for two weeks.
Mr. Greer commented on the 2004-2005 Goals and his recommendations of those goals for
2005-2006.
Page 6, City Council Special Study Session (Retreat), March 5, 2005
The following is a complete list of the 2005-2006 Goals:
Public Safety
1. Develop a Fire Training Facility
2. Start construction on Fire Station #1
3. Continue to develop and implement Community Policing Programs
4. Address problems with domestic violence/abuse through programs
5. Address issues with illegal drugs through programs
Economic Development
6. Assist in creating and retaining quality jobs
7. Develop opportunities concerning training
8. Help develop Downtown programs
9. 50,000+ population before April 2010
Infrastructure
10. Create better, more accessible entryways to Grand Island
11. Develop funding for the upgrade of Grand Island’s Infrastructure
12. Rework Annexation Policies
13. Update Traffic Study
14. Complete Railroad Corridor Study
15. Pursue construction of a modern roundabout
Government Efficiency
16. Provide for efficient transition of the Community Redevelopment Authority
17. Seek Interlocal partnerships that eliminate duplication and promote efficiency
18. Reduce costs by streamlining city services
19. Create City/County Efficiency Committee
Quality of Life
20. Expand Library facility
21. Support ethnic diversity programs
22. Develop more recreational facilities
23. Develop a CAAP recreational vehicle park
24. Support the enhancement of housing
Community
25. Manage/Support youth development programs
Public Health
26. Pursue Household Hazardous Waste site
27. Continue to address environmental issues
28. Develop storm water plan/program
29. Decide course of action concerning smoking ban
Page 7, City Council Special Study Session (Retreat), March 5, 2005
Mayor Vavricek thanked City staff for their participation.
ADJOURNMENT: The meeting was adjourned at 3:35 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of March 8, 2005 City Council Regular
Meeting
The Minutes of March 8, 2005 City Council Regular Meeting are submitted for approval. See
attached MINUTES.
Tuesday, March 22, 2005
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 8, 2005
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 8, 2005. Notice of the meeting was given in the Grand Island Independent on
March 2, 2005.
Council President Margaret Hornady called the meeting to order at 7:00 p.m. The following
members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson,
Cornelius, Pauly, Hornady, Walker, and Haase. Mayor Vavricek was absent. 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 William
Voelker, Peace Lutheran Church, 4018 Zola Lane.
MAYOR COMMUNICATION: Council President Hornady mentioned the Sandhill Cranes were
flying encouraged people to visit the Platte River Valley Bird Observatory at Crane Meadows.
Also mentioned were that volunteers were needed.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Abbott Sisters Day” March 20, 2005. Council President Hornady presented the
“Abbott Sisters Day” Proclamation of March 20, 2005 to Library Board Member Jerry Bryant.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Property Located at 1204 West 2nd Street. (James and Barbara
Wiltgen) Doug Walker, City Attorney reported that acquisition of property located at 1204 West
2nd Street occupied by Taco John’s restaurant was needed for the Abbott Memorial Library
expansion. A purchase price of $400,000 was recommended. No public testimony was heard.
Public Hearing on Acquisition of Property Located at 214 North Washington Street. (Grand
Island Public Library Foundation, Inc. previously owned by Robert and Gail Mattke) Doug
Walker, City Attorney reported that acquisition of property located at 214 North Washington
Street was needed for the Abbott Memorial Library expansion. The Library Foundation had
acquired this property and was donating it to the City. No public testimony was heard.
ORDINANCES:
Page 2, City Council Regular Meeting, March 8, 2005
Councilmember Pielstick moved to approve Ordinance #8953 on Second Reading. Second by
Walker. Upon roll call vote, all voted aye. Motion adopted.
#8953 – Consideration of Annexation of Land Proposed for Platting as Preisendorf
Subdivision Located North of Oklahoma Avenue and East of Washington Street (Second
Reading)
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#8964 - Consideration of Creation of Water Main District No. 450 – Stewart Place
Subdivision - East Area of Circle Drive
#8965 – Consideration of Creation of Water Main District No. 451 – Stewart Place
Subdivision – West Area of Circle Drive
#8966 – Consideration of Correction to Ordinance No. 8912 Relative to the Legal
Description for Frauen Subdivision
#8967 – Consideration of Vacating Utilities Easements; Martin’s Second Subdivision
(North of Old Potash Highway between U.S. Highway 281 and Webb Road)
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.”
Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
A brief explanation was given on each Ordinance by Utilities Director Gary Mader, Regional
Planning Director Chad Nabity, and Public Works Director Steve Riehle.
Motion by Cornelius, second by Pielstick to approve Ordinances #8964, #8965, #8966, and
#8967.
City Clerk: Ordinances #8964, #8965, #8966, and #8967 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 #8964, #8965, #8966, and #8967 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.
President Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #8964, #8965, #8966, and #8967 are declared to be lawfully adopted upon
publication as required by law.
CONSENT AGENDA: Item G-14 was pulled for further discussion. Motion by Gilbert, second
by Cornelius to approve the Consent Agenda excluding Item G-14. Upon roll call vote, all voted
aye. Motion adopted.
Page 3, City Council Regular Meeting, March 8, 2005
Approving Minutes of February 22, 2005 City Council Regular Meeting.
Approving Minutes of March 1, 2005 City Council Study Session.
Approving Minutes of March 1, 2005 City Council Special Meeting.
#2005-59 – Approving Final Plat and Subdivision Agreement for Martin’s Third Subdivision. It
was noted that 281 & Old Potash L.L.C. had submitted the final plat for Martin’s Third
Subdivision, located on land comprising of the SE1/4, SE1/4 of Section 13-11-10 proposing to
resubdivide Lots 6 & 7 of Martin’s Second Subdivision into 3 lots.
#2005-60 – Approving Safe Haven Grant/Crisis Center Memorandum of Understanding.
#2005-61 – Approving Bid Award for Sanitary Sewer Rehabilitation Project 2005-01-REHAB
D1 with Midlands Contracting, Inc. of Kearney, Nebraska in an Amount of $99,275.80.
#2005-62 – Approving Bid Award for Street Improvement District No. 1255 with A & R
Construction Co. of Plainview, Nebraska in an Amount of $415,354.66.
#2005-63 – Approving the Nebraska Department of Roads Right-of-Way Certificate Project No.
STPAA-2235(4) for the Construction of the Northbound Bridges on South Locust Street.
#2005-64 – Approving Certificate of Final Completion for Street Improvement District No. 1221
with Diamond Engineering Company of Grand Island, Nebraska.
#2005-65 – Approving Bid Award for Burdick Roof Replacement with Weathercraft Co. of
Grand Island, Nebraska in an Amount of $168,587.00.
#2005-66 – Approving Bid Award for Two (2) 2,500 kVA Pad-Mount Transformers with
Pauwels Transformers, Inc. of Washington, Missouri in an Amount of $53,208.00 excluding tax.
#2005-67 – Approving Acquisition of Property Located at 1204 West 2nd Street. (James and
Barbara Wiltgen)
#2005-68 – Approving Acquisition of Property Located at 214 N. Washington Street. (Grand
Island Public Library Foundation, Inc. Previously Owned by Robert and Gail Mattke)
#2005-70 – Approving 2005 CDBG Planning Grant Budget Revision.
#2005-71 – Approving Grand Island/Hall County 2005 Homeland Security Grant.
#2005-72 – Approving Funding of Economic Development Request for Heartland Events Center
(NWPS Rate Agreement Funds) in the Amount of $50,000.00.
#2005-69 – Approving the Request for Proposal Submitted by the Library Facility Committee
and the Grand Island Facilities Corporation for the Library Expansion. City Attorney Doug
Page 4, City Council Regular Meeting, March 8, 2005
Walker reported that the Library Facilities Committee had been working with the Grand Island
Facilities Corporation to develop a Request of Proposals for design/build services for an addition
to the Edith Abbott Memorial Library. Councilmember Gilbert questioned if we should lower the
amount in the proposal by $400,000 since the City bought the Taco John’s property for that
amount at this meeting. City Attorney Doug Walker stated the over all project cost would be
between $4 - $7 million. City Administrator Gary Greer stated the Council will have the final
decision on which firm is hired.
Motion by Pielstick, second by Nickerson to approve Resolution #2005-69. Upon roll call vote,
all voted aye. Motion adopted.
RESOLUTIONS:
#2005-73 – Approving Economic Development Incentive Agreement with CXT Incorporated in
an Amount of $200,000.00. This item was pulled from the Agenda at the Request of Economic
Development Corporation.
#2005-74 – Approving Economic Development Incentive Agreement with Love Signs in an
Amount of $42,000.00. Doug Walker, City Attorney reported that Love Signs of Grand Island,
L.L.C. had applied for a $42,000.00 forgivable loan from the Grand Island Area Economic
Development Corporation pursuant to the Economic Development Plan. The application had
been approved by EDC and the Citizens Advisory Review Committee.
Motion by Pielstick, second by Cornelius to approve Resolution #2005-74. Upon roll call vote,
all voted aye. Motion adopted.
#2005-75 – Approving Acceptance of the Site and Need Study and City Administration
Recommendation for Fire Station #1 and Fire Training Center Facilities. This item was pulled to
the March 22, 2005 City Council Meeting.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of February 23, 2005
through March 8, 2005, for a total amount of $2,127,076.17. Motion adopted unanimously.
Councilmember Pielstick abstained from voting on Claim #93013 and voted no on Claims
#93556, #93557, and #93558.
ADJOURNMENT: The meeting was adjourned at 7:30 p.m.
RaNae Edwards
City Clerk
Item G3
#2005-76- Approving Final Plat and Subdivision Agreement for
Preisendorf Subdivision
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: March 22, 2005
Subject: Preisendorf Subdivision - Final Plat
Item #’s: G-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 2 lots on a parcel of land in the NW ¼ NE 1/4
Section 21, Township 11, Range 9.
Discussion
The owner of this property, Priesendorf Plumbing and Heating Inc., has requested to
subdivide it into 2 lots. The property is zoned M2 Heavy Manufacturing. The proposed
lots meet all of the requirements for a legal subdivision. Streets to serve the lots are
adjacent to the property. Sewer is available to both lots. Water will be extended along
Oklahoma Avenue from Lincoln Street across the Washington Street Right-of-Way by
the subdivider.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Eriksen and seconded by Hayes to approve and recommend that
the Grand Island City Council approve the final plat of Preisendorf Subdivision with the
condition that the east property line of lot 1 be at least 10 feet from the existing building
on that lot. The final plat as submitted to Council shows the adjusted property line as
conditioned by the Planning Commission.
A roll call vote was taken and the motion passed with 10 members present (Amick,
Haskins, Lechner, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes,
Wagoner) voting in favor.
Sample Motion
Approve the Final Plat for Preisendorf Subdivision as presented.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-76
WHEREAS, Preisendorf Plumbing & Heating, Inc., a Nebraska corporation, as owner, has
caused to be laid out into lots, a tract of land comprising a part of the Northwest Quarter of the Northeast
Quarter (NW1/4, NE1/4) of Section Twenty One (21), Township Eleven (11) North, Range Nine (9)
West of the 6th P.M. in Hall County, Nebraska, as an addition to the city of Grand Island, Nebraska, under
the name of PREISENDORF 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 of the
property 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 PREISENDORF 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, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2005-77- Approving Contract for Property Room.Com
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Council Agenda Memo
From: Chief Kyle L. Hetrick
Meeting: March 22, 2005
Subject: Contract Approval for Property Room . Com
Item #’s: G-4
Presenter(s): Chief Kyle L. Hetrick
Background
In looking for a better way to expedite the sale of unc laimed and stolen property, save
storage space, and to receive better compensation for the value of these items, we are
considering entering into an agreement with a property service.
Discussion
With the advent of the Internet new and innovative ways to dispense property have
become available to government agencies. Property Bureau, Inc. through its’ website,
Property Room .Com, is one such resource. Property Bureau will retrieve items to be
sold at auction from the Police Department and list it for sale via the Internet through
Property Room .Com. Though the agreement allows Property Bureau to receive 50% of
the first $1000 and 25% over that amount, agencies have seen a marked increase in their
revenue using this service. Items that would be discarded or sold for a dollar at our local
auctions sell for 30-40-50 dollars over the Internet. Instead of 100 bidders we have a
worldwide bidding pool. Old bicycle parts cluttering up the property room that were
heretofore discarded are placed on pallets and have been sold to China.
We are recommending trying this service for one year and then reevaluating its’
effectiveness. This company will also allow any unused property that the city sells at
auction to be included with this contract. The document has been reviewed and approved
by the legal department.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the service agreement contract with Property Bureau.Inc.
2. Disapprove or /Deny the service agreement contract with Property Bureau
Inc.
3. Modify the aforementioned contract to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the contract with Property
Bureau Inc.
Sample Motion
Approve the service agreement contract with Property Bureau Inc.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-77
WHEREAS, the Grand Island Police Department is responsible for the sale of unclaimed
and/or stolen property; and
WHEREAS, the Police Department periodically schedules auctions to dispense of such
items; and
WHEREAS, Property Bureau, Inc. provides a service to allow such items to be listed on its
website and sold at public auction on the internet; and
WHEREAS, selling such items on the internet has the potential for a larger bidding pool and
a higher sale price than can be obtained selling it locally; and
WHEREAS, Property Bureau, Inc. would receive 50% of the first $1,000 and 25% over
that amount to provide this service; and
WHEREAS, it is recommended that the City authorize a one-year contract with Property
Bureau, Inc. to sell the City's unclaimed and/or stolen property according to the terms of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Police Department is hereby authorized to enter
into a contract with Property Bureau, Inc. to facilitate the sale of the City's unclaimed and stolen property on
the website, PropertyRoom.com, in accordance with the terms of the contract.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2005-78- Approving Acquisition of Utility Easement - 3604 South
Blaine Street, South of Hwy. 34 - H & J Investments
This item refers to in the aforementioned Public Hearing Item E-1.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-78
WHEREAS, a public utility easement is required by the City of Grand Island, from H & J
Investments, LLC, a limited liability company, to install, upgrade, maintain, and repair public utilities and
appurtenances; and
WHEREAS, a public hearing was held on March 22, 2005, for the purpose of discussing
the proposed acquisition of an easement and right-of-way through a part of the North Half of the Southeast
Quarter (N1/2, SE1/4) of Section Thirty Two (32), Township Eleven (11) North, Range Nine (9) West of
the 6th P.M. in Hall County, Nebraska, the northerly line of the twenty (20.0) foot wide easement and right-
of-way being more particularly described as follows:
Beginning at the southeasterly corner of Lot Twelve (12) Meadowlark Estates Subdivision;
thence westerly along the southerly line of said Lot Twelve (12), a distance of One
Thousand Three Hundred Thirty Four (1,334.0) feet to the southwesterly corner of said
Lot Twelve (12).
The above-described easement and right-of-way containing 0.61 acres, more or less, as
shown on the plat dated March 2, 2005, 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 H & J Investments, LLC, a limited liability company, on
the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2005-79- Approving Interlocal Cooperative Agreement for High
Resolution Orthophotos Project
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP Hall County Regional Planning
Director
Meeting: March 22, 2005
Subject: Approving Interlocal Cooperative Agreement for High
Resolution Orthophoto Project
Item #’s: G-6
Presenter(s): Chad Nabity, AICP Hall County Regional Planning
Director
Background
The Nebraska Department of Health and Human Services along with the Central Platte
Natural Resources District, Grand Island, Kearney Hastings Scottsbluff, Gering, Norfolk,
Lancaster County and Scotts Bluff County are working together to provide high
resolution aerial photography for their respective jurisdictions. This project involves
cooperation on many levels and will result in a significant cost savings to all entities
involved in this project.
Discussion
The City of Grand Island along with Hall County purchased aerial photography in 2002.
At that time approximately $120,000 was spent on the photography and processing. The
City of Grand Island has the opportunity to update photos for Grand Island and
surrounding areas for a maximum cost to the City of $20,000. These funds are available
within the current Public Works Engineering and Utilities budgets.
The attached map shows the areas that were photographed in 2002 and those areas that
would be included in the current project. The 2005 area is almost 50% larger than the
area photographed in 2002.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the interlocal agreement.
2. Disapprove or /Deny the interlocal agreement
3. Table the issue
Recommendation
City Administration recommends that the Council approve participation in the interlocal
agreement as presented.
Sample Motion
Approve the interlocal agreement as presented.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-79
WHEREAS, in 2002, the City of Grand Island and the County of Hall spent approximately
$120,000 on photography and processing for aerial photographs to be taken of the area; and
WHEREAS, it is has been recommended that a group of government entities unite to
update the aerial photographs in their respective regions at a more cost effective rate; and
WHEREAS, the Nebraska Department of Health and Human Services along with the
Central Platte Natural Resources District, the cities of Grand Island, Kearney, Hastings, Scottsbluff, Gering
and Norfolk, and the counties of Lancaster and Scotts Bluff have indicated an interest in working together
to provide high resolution aerial photography for their respective jurisdictions; and
WHEREAS, this project involves cooperation on many levels and will result in a significant
cost savings to all entities involved in this project; and
WHEREAS, the City's cost share of the project will be no more than $20,000; and
WHEREAS, the City Attorney has reviewed and approved the proposed Interlocal
Cooperative Agreement; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperative Agreement by and
between the City, the Central Platte Natural Resources District, the City of Kearney, the City of Hastings,
the City of Scottsbluff, the City of Gering, the City of Norfolk, the County of Lancaster, the County of
Scotts Bluff, and the Nebraska Department of Health and Human Services for the High Resolution
Orthophotos Project is hereby approved according to the terms set out in the agreement.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Interlocal Cooperative Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2005-80- Approving Agreement with Trojan Technologies Inc. to
Furnish the Ultraviolet Disinfection Equipment
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 22, 2005
Subject: Approving Agreement with Trojan Technologies Inc. to
Furnish the Ultraviolet Disinfection Equipment for the
Wastewater Treatment Plant
Item #’s: G-7
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
On September 30, 2003, the Nebraska Department of Environmental Equality (NDEQ)
issued a new National Pollutant Discharge Elimination System (NPDES) permit to the
City of Grand Island’s Wastewater Treatment Facility. The permit contained a
compliance schedule to have disinfection in place by October 1, 2006.
On November 18, 2003 a workshop was held with CH2M Hill to develop and evaluate
alternative design and equipment concepts. Two manufacturers responded to a request for
proposals on February 10, 2004 to supply the ultraviolet disinfection equipment. Detailed
presentations were made on March 2, 2004 by WEDECO UV Technologies and Trojan
Technologies to city staff and CH2M Hill engineers. Site visits were made to Lincoln,
Fremont, and Norfolk on April 24, 2004 to assess WEDECO and Trojan equipment
installations. The preliminary selection of Trojan Technologies, Inc. for supply of the UV
Disinfection system was made at a schematic design workshop on May 27, 2004. On
September 16, 2004 a request for a firm cost and purchase agreement was made to Trojan
Technologies.
Discussion
A firm cost and agreement of understanding for $634,110.00 has been negotiated with
Trojan Technologies, Inc. This agreement establishes the terms and conditions that will
be executed between Trojan Technologies, Inc. the UV system supplier, and the
installation contractor regarding the supply of the UV system and associated services.
Furnishing of the Trojan Technologies UV equipment will be part of the bid documents,
plans, and specifications that will be sent out in April 2005.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve a resolution authorizing the Mayor to sign an agreement with Trojan
Technologies, Inc. as the Ultraviolet Disinfection Supplier.
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 approve a resolution authorizing the
Mayor to sign an agreement with Trojan Technologies, Inc. as the Ultraviolet
Disinfection Supplier.
Sample Motion
Move to approve entering into an agreement with Trojan Technologies, Inc.
DEN/156130.UV.FD.SP 1 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
SECTION 01015
UV SYSTEM SUPPLIER AGREEMENT
THIS AGREEMENT is between the City of Grand Island (Owner) and Trojan Technologies,
Inc. (UV System Supplier). The Owner and UV System Supplier, in consideration of the
mutual covenants set forth herein, agree as follows:
1. WORK
UV System Supplier shall complete the Work as specified or indicated. The Work is
described as follows:
The complete Work will provide the Owner with improvements to the existing
City of Grand Island Wastewater Treatment Plant (WWTP). The WWTP is
owned and operated by the Owner and is located at 3013 East Swift Road,
Grand Island, Nebraska. Improvements at the WWTP include the provision
of ultraviolet (UV) disinfection equipment and services to an installation
contractor who will construct a new facility, install the equipment, and
contract with the UV System Supplier to provide the Work.
Additional services will include certificate of proper installation, startup services,
operations and maintenance manuals, and assistance to the installation contractor for
installation of the equipment.
The installation contractor will enter into a separate agreement with the Owner,
following a competitive bidding process. The UV System Supplier shall serve as a
supplier to the installation contractor, and through contract with the installation
contractor, shall be subject to the various requirements of the Contract Documents for
that project. The Contract Documents will include a reproduction of this Agreement,
which will serve to establish the scope of supply and price to the installation
contractor. If the UV System Supplier fails to honor the scope of supply and price as
stated in this Agreement, he will be in breach of this Agreement.
The following Specification sections are attached to this Agreement and are part of
the Work:
· Section 01430, OPERATIONS AND MAINTENANCE DATA, pages 1 to 7,
inclusive.
· Section 01430 SUPPLEMENT, MAINTENANCE SUMMARY FORM, pages 1
to 2, inclusive.
· Section 01640, MANUFACTURER’S SERVICES, pages 1 to 4, inclusive.
· Section 01640 SUPPLEMENT, FORMS: MANUFACTURER’S CERTIFICATE
OF PROPER INSTALLATION, one page.
DEN/156130.UV.FD.SP 2 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
· Section 11737, ULTRAVIOLET (UV) LIGHT DISINFECTION EQUIPMENT,
pages 1 to 23. Excludes Part 3.1, INSTALLATION.
· Section 11737 SUPPLEMENT, WARRANTY BOND, pages 1 to 2, inclusive.
· Section 11737 SUPPLEMENT, O&M COST GUARANTEE, pages 1 to 2,
inclusive.
In addition, a document entitled “Scope of Supply”, developed by the UV System
Supplier, is attached to this Agreement. This document reflects the UV System
Supplier’s understanding of the work covered under this Agreement, and establishes
the terms and conditions for the agreement that will be executed between the UV
System Supplier and the installation contractor regarding the supply of the UV system
and associated services. This “Scope of Supply” document does not constitute an
official part of the Agreement with the Owner. It instead serves solely as information
for the bidding contractors on the installation project, to be reproduced along with the
rest of the Agreement in the Contract Documents for that project. In any disagreement
between the Scope of Supply and either this Agreement or the Contract Documents
for the installation project, the latter two documents shall take precedence.
2. CONTRACT TIMES
The Work, including delivery of the equipment, must accommodate the following
anticipated schedule for the installation contractor.
CONTRACT SCHEDULE
Grand Island UV Disinfection Project
Milestone Duration Required Work by UV System Supplier
Installation
contractor bid
opening.
Varies between March
2005 and July 2005.
Accept a signed purchase order from the installation
contractor for the Work as described herein. The
installation contractor will coordinate the Work by the
UV System Supplier.
Construction of
the UV
Disinfection
Facility (by
installation
contractor).
Start may vary between
May 2005 and September
2005. End date will occur
no later than
September 30, 2006.
Complete the Work as described. Supply equipment
and Work as required under the direction of the
installation contractor.
System
warranty
Begins at Substantial
Completion and continues
for a period of 2 calendar
years.
Warranty service as necessary and as defined in the
Specifications attached to this Agreement.
Operations and
maintenance
cost guarantees.
Ends October 31, 2008. Provide equipment and replacement parts when
requested by the City. Bill in accordance with the
fixed prices.
DEN/156130.UV.FD.SP 3 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
CONTRACT SCHEDULE
Grand Island UV Disinfection Project
Milestone Duration Required Work by UV System Supplier
Operations and
maintenance
cost guarantees
extended term.
Ends October 31, 2011. Provide equipment and replacement parts when
requested by the City. Bill in accordance with the
extended term prices.
3. COST OF THE WORK
The UV System Supplier agrees to supply the Work to the installation contractor in
the amount as follows:
UNIT PRICES FOR PARTS
UV System Supplier agrees to provide replacement parts at the unit prices
listed below for the period from the beginning of the warranty period through
October 31, 2008. For the period from October 31, 2008 through October 31,
2011, the UV System Supplier agrees to provide parts at the unit prices listed
below, as inflated by the increase in U.S. Consumer Price Index from
October 31, 2008 to the time at which the parts order is received by the UV
System Supplier. It is expressly understood that the unit prices are
independent of the exact quantities involved at the time of purchase.
UNIT PRICES FOR OPERATIONS AND MAINTENANCE COST GUARANTEE
Grand Island UV Disinfection Project
Item Unit Unit Price
Lamp, upon returned of used lamps Each $150.00
Ballast Each $390.00
Intensity Sensor (Calibrated
Replacement)
Each $1,590.00
Recalibration of Intensity Sensor Each Not Required
Quartz Sleeve Each $60.00
Wiper Seal Each $18.00
DEN/156130.UV.FD.SP 4 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
LUMP SUMP FOR WORK INCLUDED
UV System Supplier will furnish the Work in accordance with the Agreement
for the following price:
Six hundred thirty-four thousand, one hundred and ten Dollars
(in Words)
and zero Cents $ 634,110.00
(in Words) (Figures)
4. UV SYSTEM SUPPLIER’S REPRESENTATIONS
In order to induce the Owner to enter into this Agreement, UV System Supplier’s
representations are set forth as follows:
The UV System Supplier has examined and carefully studied the Agreement and
other related data identified herein.
If, in the UV System Supplier’s judgment, any local condition may affect cost or
schedule, the UV System Supplier shall visit the project site and become satisfied that
the total cost can accommodate the local conditions.
UV System Supplier is familiar and satisfied as to all federal, state and local laws and
regulations that may affect cost, progress, and furnishing of the Work.
UV System Supplier has given written notice of all conflicts, errors, ambiguities, or
discrepancies that UV System Supplier has discovered in the Agreement, and written
resolution thereof by the Owner is acceptable to the UV System Supplier.
The Agreement and related data are generally sufficient to indicate and convey
understanding of all terms and conditions for furnishing the Work.
5. MISCELLANEOUS
This Agreement is to be governed by the law of the State of Nebraska, United States
of America.
No assignment by a party hereto of any rights under or interests in the Agreement will
be binding on another party hereto without the written consent of the parties sought to
be bound. Specifically, but without limitation, moneys that may become due and
moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law). Unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge assignor from any duty or responsibility under the Agreement.
DEN/156130.UV.FD.SP 5 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
Successors and Assigns: Owner and UV System Supplier each binds itself, its
partners, successors, assigns, and legal representatives to the other party hereto, its
partners successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Agreement.
Severability: Any provision or part of the Agreement held to be void or unenforceable
under any law or regulation shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon the Owner and UV System Supplier. The
Agreement shall be reformed to replace such stricken provision or part thereof and a
valid enforceable provision that comes as close as possible to expressing the intention
of the stricken provision.
Except as may be otherwise specifically stated in the Agreement, the provisions of the
Agreement shall take precedence in resolving any conflict, error, ambiguity or
discrepancy between the provisions of the Agreement and any purchase order,
standard specification, code or instruction. It shall also have precedence for any laws
or regulations applicable, unless such an interpretation would result in a violation of
such law or regulation.
There are no agreements other than this Agreement and those attachments listed
above. This Agreement may only be amended or supplemented with a written
document signed by both the UV System Supplier and the Owner.
IN WITNESS WHEREOF, Owner and UV System Supplier have signed this Agreement in
triplicate. One counterpoint each has been delivered to the Owner, UV System Supplier, and
Engineer. All portions of the Agreement have been signed or identified by the Owner and
UV System Supplier.
This Agreement will be effective on February 9, 2005 .
(date)
City of Grand Island (Owner): UV System Supplier:
Trojan Technologies inc.
By: By: (original signed by Jan van der
Woerd, VP – Sales and Service)
(Jay Vavricek, Mayor)
(Corporate Seal)
Date: Date: February 9, 2005
Attest: Attest:
DEN/156130.UV.FD.SP 6 MARCH 2005
01015 UV SYSTEM SUPPLIER AGREEMENT
(RaNae Edwards, City Clerk)
Approved as to form:
Date:
(City Attorney)
Address for giving notices: Address for giving notices:
100 East First Street
P.O. Box 1968
Grand Island, NE 68802
License No.
Agent for service of process:
(If UV System Supplier is a corporation,
attach evidence of authority to sign.)
END OF AGREEMENT
MARCH 2005
UV SYSTEM SUPPLIER’S SCOPE OF SUPPLY
[to be included later]
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-80
WHEREAS, on September 30, 2003 the Nebraska Department of Environmental Quality
issues a new National Pollutant Discharge Elimination System permit for the City's Wastewater Treatment
Plant; and
WHEREAS, on February 10, 2004, proposals were received from two manufacturers to
supply the ultraviolet disinfection equipment; and
WHEREAS, site visits were made to assess the equipment installations of both companies
providing proposals; and
WHEREAS, it is recommended that Trojan Technologies, Inc. of London, Ontario,
Canada, provide the ultraviolet disinfection system at a cost of $634,111.00; and
WHEREAS, a proposed agreement between the City and Trojan Technologies, Inc. for
such ultraviolet disinfection system has been reviewed and approved by the City Attorney's office; and
WHEREAS, a separate contractor will be sought to install the ultraviolet disinfection system
according to terms and conditions set out in such agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City is hereby authorized to enter into an
agreement with Trojan Technologies, Inc. in the amount of $634,110.00 to supply an ultraviolet disinfection
system for use at the Wastewater Treatment Plant.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute an agreement for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2005-81- Approving Bid Award for One Tandem Articulating
Vibratory Roller for the Street & Transportation Division of the
Public Works Department
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Dale Shotkoski, Assistant City Attorney
Meeting: March 22, 2005
Subject: Approving Bid Award for One Tandem Articulating
Vibratory Roller
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
On March 7, 2005 the Street & Transportation Division of the Public Works Department
advertised for bids for the purchase of a Tandem Articulating Vibratory Roller. Funds for
the roller were in the approved 2004/2005 budget. The City currently has two older units,
one of which will be used for asphalt work and one will be used for parts.
Discussion
Four bids were received and opened on March 15, 2005. 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. A summary of the bids is
shown below.
Bidder Exceptions Total Bid
NSC Equipment, Grand
Island, NE
None $25,806.00
Logan Contractors Supply,
Inc., Omaha, NE
Noted $26,100.00
Nebraska Machinery Co.,
Doniphan, NE
None $31,962.00
Nebraska Rents, Doniphan,
NE
None $29,495.00
There are sufficient funds for this purchase in Account No. 10033501-85615.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve the purchase of the tandem articulating vibratory
roller from NSC Equipment of Grand Island, NE in the amount of $25,806.00.
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 approve the purchase of the tandem
articulating vibratory roller in the amount of $25,806.00 from NSC Equipment of Grand
Island, NE.
Sample Motion
Approve the purchase of the tandem articulating vibratory roller.
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 15, 2005 at 11:00 a.m.
FOR: (1) Tandem Articulating Vibratory Roller
DEPARTMENT: Public Works
ESTIMATE: $32,000.00
FUND/ACCOUNT: 10033501-85615
PUBLICATION DATE: March 7, 2005
NO. POTENTIAL BIDDERS: 8
SUMMARY
Bidder: NSC Equipment Logan Contractors Supply, Inc.
Grand Island, NE Omaha, NE
Exceptions: None Noted
Bid Price: $25,806.00 $26,100.00
Bidder: Nebraska Machinery Co. Nebraska Rents
Doniphan, NE Doniphan, NE
Exceptions: None None
Bid Price: $31,962.00 $29,495.00
cc: Steve Riehle, Public Works Director Scott Johnson, Street Superintendent
Danelle Collins, Public Works Admin. Assist. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P985
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-81
WHEREAS, the City of Grand Island invited sealed bids for One (1) Tandem Articulating
Vibratory Roller for the Streets and Transportation Division of the Public Works Department, according to
plans and specifications on file with the Street Division; and
WHEREAS, on March 15, 2005, bids were received, opened and reviewed; and
WHEREAS, NSC Equipment 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 $25,806.00; and
WHEREAS, such bid is below the estimate for such equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NSC Equipment of Grand Island, NE, in
the amount of $25,806.00 for one tandem articulating vibratory roller is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2005-82- Approving Bid Award for Street Improvement Project
2005-P-1; Concrete Paving on Claude Road for approximately 1/4
mile north of Old Highway 30
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Dale Shotkoski, Assistant City Attorney
Meeting: March 22, 2005
Subject: Approving Bid Award for Street Improvement
Project 2005-P-1; Claude Road
Item #’s: G-9
Presenter(s): Steven P. Riehle, Public Works Director
Background
On March 2, 2005 the Engineering Division of the Public Works Department advertised
for bids for Street Improvement Project 2005-P-1, Claude Road.
Discussion
Three bids were received and opened on March 17, 2005. The Engineering Division of
the Public Works Department and the Purchasing Division of the City Attorney’s Office
reviewed the bids that were received. The 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
A & R Construction
Company
None Universal Surety
Company
$160,318.55
Diamond Engineering
Company
None Travelers Casualty $139,623.85
Castle Construction,
Inc.
None North American
Specialty Insurance
Company
$154,529.58
The engineer’s opinion of cost for this project is $217,696.16. There are sufficient funds
available in the Public Works account No. 40033525-90146.
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 Project 2005-P-1 to
Diamond Engineering Co.
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 approve awarding the contract for
Street Improvement Project 2005-P-1 to Diamond Engineering Co., of Grand Island,
Nebraska, for the amount of $139,623.85.
Sample Motion
Move to approve the award of the contract to Diamond Engineering Co., of Grand Island,
Nebraska for Street Improvement Project 2005-P-1.
Old Hwy 30
US HWY
281
US Hwy 30 Claude Road N
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 17, 2005 at 11:00 a.m.
FOR: Street Improvement Project No. 2005-P-1
DEPARTMENT: Public Works
ESTIMATE: $217,696.16
FUND/ACCOUNT: 40033525-90146
PUBLICATION DATE: March 2, 2005
NO. POTENTIAL BIDDERS: 14
SUMMARY
Bidder: Diamond Engineering Co. Castle Construction Inc.
Grand Island, NE Columbus, NE
Bid Security: Travelers Casualty & Surety North American Specialty Ins. Co.
Exceptions: None None
Bid Price: $139,623.85 $154,529.58
Bidder: A & R Construction
Plainview, NE
Bid Security: Universal Surety Company
Exceptions: None
Bid Price: $160,318.55
cc: Steve Riehle, Public Works Director Ron Underwood, Civil Eng. Manager
Danelle Collins, Admin. Assist. PW Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P983
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-82
WHEREAS, the City of Grand Island invited sealed bids for Street Improvement Project
No. 2005-P-1, according to plans and specifications on file with the City Engineer; and
WHEREAS, on March 17, 2005, 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 $139,623.85; and
WHEREAS, such bid is below the engineer's estimate for such equipment.
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 $139,623.85 for Street Improvement Project No. 2005-P-1 is
hereby approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2005-83- Approving Agreement with CH2M Hill for On-Call
Engineering Consulting Services for Waste Water Division
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 22, 2005
Subject: Approving Agreement with CH2M Hill for On-Call
Engineering Consulting Services
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
On February 8, 2005 the Waste Water Division of the Public Works Department
advertised to receive proposals for on-call engineering consulting services. The request
for Proposals was mailed to four engineering consultants and also appeared in the Grand
Island Independent. One proposal was received from CH2M Hill of Denver, Colorado on
March 9, 2005.
Discussion
CH2M Hill has performed the bulk of the engineering consulting services for the Waste
Water Treatment Plant since 1992. The agreement will allow the city to enter into
agreements with CH2M Hill on subsequent waste water projects without having to issue
multiple Requests for Proposals. The selection of an on-call engineering consulting firm
to provide service will expedite the process of procuring engineering services while still
allowing us to hire other consultants.
Alternatives
1. Approve a resolution authorizing the Mayor to sign an agreement with CH2M
Hill for on-call engineering consulting services.
2. Postpone the issue to a future date.
3. Refer the issue to a Committee.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign an agreement with CH2M Hill to perform on-call engineering consulting
services for the City of Grand Island.
Sample Motion
Move to approve entering into an agreement with CH2M Hill.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ENGINEERING CONSULTING SERVICES FOR
PUBLIC WORKS DEPARTMENT
RFP DUE DATE: March 9, 2005 at 4:00 p.m.
DEPARTMENT: Public Works
PUBLICATION DATE: February 8, 2005
NO. POTENTIAL BIDDERS: 3
SUMMARY OF PROPOSALS RECEIVED
CH2M Hill
Englewood, CO
cc: Steve Riehle, Public Works Director Ben Thayer, WWTP Supt.
Danelle Collins, Admin. Assist. PW Gary Greer, City Administrator
David Springer, Finance Director Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P975
FORM 398
REVISED 3-2002 1
STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between CH2M HILL INC., (“ENGINEER”), and
The City of Grand Island, Nebraska (“OWNER”)
for a PROJECT generally described as:
“On-Call” Professional Engineering Consulting Services related to wastewater collection, treatment and
regulatory compliance. It is understood that this is a one year contract with provisions for annual renewal for
up to 4 additional years with a 90 day close-out clause.
ARTICLE 1. SCOPE OF SERVICES
ENGINEER will perform the Scope of Services set forth
in Attachment A.
ARTICLE 2. COMPENSATION
OWNER will compensate ENGINEER as set forth in
Attachment B. Work performed under this
AGREEMENT may be performed using labor from
affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms
applicable to ENGINEER’s employees.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay ENGINEER as follows:
3.1 Invoices and Time of Payment
ENGINEER will issue monthly invoices pursuant to
Attachment B. Invoices are due and payable within 30
days of receipt.
3.2 Interest
3.2.1 OWNER will be charged interest at the rate of
1-1/2% per month, or that permitted by law if lesser, on
all past-due amounts starting 30 days after receipt of
invoice. Payments will first be credited to interest and
then to principal.
3.2.2 In the event of a disputed billing, only the
disputed portion will be withheld from payment, and
OWNER shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any bill or portion
thereof. No interest will accrue on any disputed portion
of the billing until mutually resolved.
3.2.3 If OWNER fails to make payment in full within
30 days of the date due for any undisputed billing,
ENGINEER may, after giving 7 days' written notice to
OWNER, suspend services under this AGREEMENT
until paid in full, including interest. In the event of
suspension of services, ENGINEER will have no liability
to OWNER for delays or damages caused by OWNER
because of such suspension.
ARTICLE 4. OBLIGATIONS OF ENGINEER
4.1 Standard of Care
The standard of care applicable to ENGINEER's
Services will be the degree of skill and diligence
normally employed by professional engineers or
consultants performing the same or similar Services at
the time said services are performed. ENGINEER will
reperform any services not meeting this standard
without additional compensation.
4.2 Subsurface Investigations
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where
observations, exploration, and investigations have been
made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total
PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of
ENGINEER.
4.3 ENGINEER's Personnel at Construction Site
4.3.1 The presence or duties of ENGINEER's
personnel at a construction site, whether as onsite
representatives or otherwise, do not make ENGINEER
or ENGINEER's personnel in any way responsible for
those duties that belong to OWNER and/or the
construction contractors or other entities, and do not
relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the
construction work in accordance with the construction
Contract Documents and any health or safety
precautions required by such construction work.
4.3.2 ENGINEER and ENGINEER's personnel have
no authority to exercise any control over any
construction contractor or other entity or their
employees in connection with their work or any health or
safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or
safety deficiencies of the construction contractor(s) or
other entity or any other persons at the site except
ENGINEER's own personnel.
4.3.3 The presence of ENGINEER's personnel at a
construction site is for the purpose of providing to
OWNER a greater degree of confidence that the
completed construction work will conform generally to
the construction documents and that the integrity of the
design concept as reflected in the construction
documents has been implemented and preserved by the
construction contractor(s). ENGINEER neither
guarantees the performance of the construction
contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with
the construction documents.
FORM 398
REVISED 3-2002 2
For this AGREEMENT only, construction sites include
places of manufacture for materials incorporated into
the construction work, and construction contractors
include manufacturers of materials incorporated into the
construction work.
4.4 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and schedules for the
PROJECT, ENGINEER has no control over cost or price
of labor and materials; unknown or latent conditions of
existing equipment or structures that may affect
operation or maintenance costs; competitive bidding
procedures and market conditions; time or quality of
performance by operating personnel or third parties; and
other economic and operational factors that may
materially affect the ultimate PROJECT cost or
schedule. Therefore, ENGINEER makes no warranty
that OWNER's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary
from ENGINEER's opinions, analyses, projections, or
estimates.
If OWNER wishes greater assurance as to any element
of PROJECT cost, feasibility, or schedule, OWNER will
employ an independent cost estimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by ENGINEER to OWNER for
periodic construction progress payments to the
construction contractor(s) will be based on ENGINEER's
knowledge, information, and belief from selective
sampling that the work has progressed to the point
indicated. Such recommendations do not represent that
continuous or detailed examinations have been made
by ENGINEER to ascertain that the construction
contractor(s) have completed the work in exact
accordance with the construction documents; that the
final work will be acceptable in all respects; that
ENGINEER has made an examination to ascertain how
or for what purpose the construction contractor(s) have
used the moneys paid; that title to any of the work,
materials, or equipment has passed to OWNER free
and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at
issue between OWNER and the construction
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by
others, and may not always represent the exact
location, type of various components, or exact manner
in which the PROJECT was finally constructed.
ENGINEER is not responsible for any errors or
omissions in the information from others that is
incorporated into the record drawings.
4.7 Access to ENGINEER's Accounting Records
ENGINEER will maintain accounting records, in
accordance with generally accepted accounting
principles. These records will be available to OWNER
during ENGINEER's normal business hours for a period
of 1 year after ENGINEER's final invoice for examination
to the extent required to verify the direct costs
(excluding established or standard allowances and
rates) incurred hereunder. OWNER may only audit
accounting records applicable to a cost-reimbursable
type compensation.
4.8 ENGINEER's Insurance
ENGINEER will maintain throughout this AGREEMENT
the following insurance:
(a)Worker's compensation and employer's liability
insurance as required by the state where the work is
performed.
(b)Comprehensive automobile and vehicle liability
insurance covering claims for injuries to members of the
public and/or damages to property of others arising from
use of motor vehicles, including onsite and offsite
operations, and owned, nonowned, or hired vehicles,
with $1,000,000 combined single limits.
(c)Commercial general liability insurance covering
claims for injuries to members of the public or damage
to property of others arising out of any covered
negligent act or omission of ENGINEER or of any of its
employees, agents, or subcontractors, with $1,000,000
per occurrence and in the aggregate.
(d)Professional liability insurance of $1,000,000
per occurrence and in the aggregate.
(e)OWNER will be named as an additional
insured with respect to ENGINEER's liabilities
hereunder in insurance coverages identified in items (b)
and (c) and ENGINEER waives subrogation against
OWNER as to said policies.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER-Furnished Data
OWNER will provide to ENGINEER all data in
OWNER's possession relating to ENGINEER's services
on the PROJECT. ENGINEER will reasonably rely upon
the accuracy, timeliness, and completeness of the
information provided by OWNER.
5.2 Access to Facilities and Property
OWNER will make its facilities accessible to ENGINEER
as required for ENGINEER's performance of its services
and will provide labor and safety equipment as required
by ENGINEER for such access. OWNER will perform, at
no cost to ENGINEER, such tests of equipment,
machinery, pipelines, and other components of
OWNER's facilities as may be required in connection
with ENGINEER's services.
5.3 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services,
OWNER will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land,
easements, rights-of-way, and access necessary for
ENGINEER's services or PROJECT construction.
5.4 Timely Review
OWNER will examine ENGINEER's studies, reports,
sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial
advisors, and other consultants as OWNER deems
appropriate; and render in writing decisions required by
OWNER in a timely manner.
5.5 Prompt Notice
OWNER will give prompt written notice to ENGINEER
whenever OWNER observes or becomes aware of any
FORM 398
REVISED 3-2002 3
development that affects the scope or timing of
ENGINEER's Services, or of any defect in the work of
ENGINEER or construction contractors.
5.6 Asbestos or Hazardous Substances
5.6.1 If asbestos or hazardous substances in any
form are encountered or suspected, ENGINEER will
stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
5.6.2 If asbestos is suspected, ENGINEER will, if
requested, manage the asbestos remediation activities
using a qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.6.3 If hazardous substances other than asbestos
are suspected, ENGINEER will, if requested, conduct
tests to determine the extent of the problem and will
perform the necessary studies and recommend the
necessary remedial measures at an additional fee and
contract terms to be negotiated.
5.6.4 Client recognizes that CH2M HILL assumes no
risk and/or liability for a waste or hazardous waste site
originated by other than CH2M HILL.
5.7 Contractor Indemnification and Claims
5.7.1 OWNER agrees to include in all construction
contracts the provisions of Article 4.3, ENGINEER's
Personnel at Construction Site, and provisions providing
contractor indemnification of OWNER and ENGINEER
for contractor's negligence.
5.7.2 OWNER shall require construction
contractor(s) to name OWNER and ENGINEER as
additional insureds on the contractor’s general liability
insurance policy.
5.7.3 OWNER agrees to include the following clause
in all contracts with construction contractors, and
equipment or materials suppliers:
“Contractors, subcontractors, and equipment and
material suppliers on the PROJECT, or their sureties,
shall maintain no direct action against ENGINEER,
ENGINEER's officers, employees, affiliated
corporations, and subcontractors for any claim arising
out of, in connection with, or resulting from the
engineering services performed. OWNER will be the
only beneficiary of any undertaking by ENGINEER."
5.8 OWNER's Insurance
5.8.1 OWNER will maintain property insurance on all
pre-existing physical facilities associated in any way
with the PROJECT.
5.8.2 OWNER will provide for a waiver of
subrogation as to all OWNER-carried property damage
insurance, during construction and thereafter, in favor of
ENGINEER, ENGINEER's officers, employees,
affiliates, and subcontractors.
5.8.3 OWNER will provide (or have the construction
contractor(s) provide) a Builders Risk All Risk insurance
policy for the full replacement value of all PROJECT
work including the value of all onsite OWNER-furnished
equipment and/or materials associated with
ENGINEER's services. Such policy will include
coverage for loss due to defects in materials and
workmanship and errors in design, and will provide a
waiver of subrogation as to ENGINEER and the
construction contractor(s) (or OWNER), and their
respective officers, employees, agents, affiliates, and
subcontractors. OWNER will provide ENGINEER a copy
of such policy.
5.9 Litigation Assistance
The Scope of Services does not include costs of
ENGINEER for required or requested assistance to
support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by OWNER. All such
Services required or requested of ENGINEER by
OWNER, except for suits or claims between the parties
to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
OWNER may make or approve changes within the
general Scope of Services in this AGREEMENT. If such
changes affect ENGINEER's cost of or time required for
performance of the services, an equitable adjustment
will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by OWNER will be
authorization for ENGINEER to proceed with the work,
unless otherwise provided for in this AGREEMENT.
6.2 Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and
other deliverables of ENGINEER, whether in hard copy
or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not.
OWNER agrees to indemnify ENGINEER and
ENGINEER's officers, employees, subcontractors, and
affiliated corporations from all claims, damages, losses,
and costs, including, but not limited to, litigation
expenses and attorney's fees arising out of or related to
the unauthorized reuse, change or alteration of these
PROJECT documents.
6.3 Force Majeure
ENGINEER is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts,
accidents, or other events beyond the control of
ENGINEER. In any such event, ENGINEER’S contract
price and schedule shall be equitably adjusted.
6.4 Limitation of Liability
6.4.1 To the maximum extent permitted by law,
ENGINEER's liability for OWNER's damages will not, in
the aggregate, exceed $1,000,000.
6.4.2 This article takes precedence over any
conflicting article of this AGREEMENT or any document
incorporated into it or referenced by it.
6.4.3 This limitation of liability will apply whether
ENGINEER’s liability arises under breach of contract or
warranty; tort; including negligence; strict liability;
statutory liability; or any other cause of action, and shall
include ENGINEER’s officers, affiliated corporations,
employees, and subcontractors.
6.5 Termination
6.5.1 This AGREEMENT may be terminated for
convenience on 30 days' written notice, or for cause if
either party fails substantially to perform through no fault
of the other and does not commence correction of such
nonperformance within 5 days of written notice and
diligently complete the correction thereafter.
FORM 398
REVISED 3-2002 4
6.5.2 On termination, ENGINEER will be paid for all
authorized services performed up to the termination
date plus termination expenses, such as, but not limited
to, reassignment of personnel, subcontract termination
costs, and related closeout costs.
6.6 Suspension, Delay, or Interruption of Work
OWNER may suspend, delay, or interrupt the Services
of ENGINEER for the convenience of OWNER. In such
event, ENGINEER's contract price and schedule shall
be equitably adjusted.
6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than OWNER and ENGINEER and has no third-
party beneficiaries.
6.8 Indemnification
6.8.1 ENGINEER agrees to indemnify OWNER for
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
ENGINEER, ENGINEER's employees, affiliated
corporations, and subcontractors in connection with the
PROJECT.
6.8.2 OWNER agrees to indemnify ENGINEER from
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
OWNER, or its employees or contractors in connection
with the PROJECT.
6.9 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the
other party. Any unauthorized assignment is void and
unenforceable. These conditions and the entire
AGREEMENT are binding on the heirs, successors, and
assigns of the parties hereto.
6.10 Consequential Damages
To the maximum extent permitted by law, ENGINEER
and ENGINEER's affiliated corporations, officers,
employees, and subcontractors shall not be liable for
OWNER’s special, indirect, or consequential damages,
whether such damages arise out of breach of contract
or warranty, tort including negligence, strict or statutory
liability, or any other cause of action. In order to protect
ENGINEER against indirect liability or third-party
proceedings, OWNER will indemnify ENGINEER for any
such damages.
6.11 Waiver
OWNER waives all claims against ENGINEER,
including those for latent defects, that are not brought
within 2 years of substantial completion of the facility
designed or final payment to ENGINEER, whichever is
earlier.
6.12 Jurisdiction
The substantive law of the state of the PROJECT site
shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
6.13 Severability and Survival
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.13.2 Limitations of liability, indemnities, and other
express representations shall survive termination of this
AGREEMENT for any cause.
6.14 Materials and Samples
Any items, substances, materials, or samples removed
from the PROJECT site for testing, analysis, or other
evaluation will be returned to the PROJECT site within
60 days of PROJECT close-out unless agreed to
otherwise. OWNER recognizes and agrees that
ENGINEER is acting as a bailee and at no time
assumes title to said items, substances, materials, or
samples.
6.15 Engineer’s Deliverables
Engineer’s deliverables, including record drawings, are
limited to the sealed and signed hard copies. Computer-
generated drawing files furnished by ENGINEER are for
OWNER or others' convenience. Any conclusions or
information derived or obtained from these files will be
at user's sole risk.
6.16 Dispute Resolution
The parties will use their best efforts to resolve amicably
any dispute, including use of alternative dispute
resolution options.
6.17 Ownership of Work Product and Inventions
All of the work product of the ENGINEER in executing
this PROJECT shall remain the property of ENGINEER.
OWNER shall receive a perpetual, royalty-free, non-
transferable, non-exclusive license to use the
deliverables for the purpose for which they were
intended. Any inventions, patents, copyrights, computer
software, or other intellectual property developed during
the course of, or as a result of, the PROJECT shall
remain the property of the ENGINEER.
ARTICLE 7. ATTACHMENTS, SCHEDULES, AND
SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and
may only be changed by a written amendment executed
by both parties. The following attachments and
schedules are hereby made a part of this
AGREEMENT:
Attachment A--Scope of Services
Attachment B--Compensation
FORM 398
REVISED 3-2002 5
IN WITNESS WHEREOF, the parties execute below:
For OWNER,
dated this day of ,
Signature Signature
Name (printed)Name (printed)
Title Title
For ENGINEER, CH2M HILL INC.,
dated this day of ,
Signature Signature
Name (printed)Name (printed)
Title Title
PAGE 1 OF 2
REV 9/94 FORM 398B.2
ATTACHMENT B - COMPENSATION
ARTICLE 2. COMPENSATION
Compensation by OWNER to ENGINEER will be as follows:
Hourly Rate(1)
Classification Employee (Year 2005)
Management (Program, Project, Design)Tom Heinemann $194.00
Mary Gross $181.00
Steve Polson $154.00
Dave Durant $136.00
Scott Higbee $133.00
Doug Simon $120.00
Senior Project Engineers Pat Nelson $149.00
Gary Davis $142.00
Chris Goz $141.00
Bill Day $140.00
Bob Lawson $136.00
Doug Wagner $134.00
Ron Mesure $131.00
Project Engineers Jack Purdy $126.00
Dave Parks $123.00
Perrin Niemann $111.00
Vani Kathula $99.00
Ty Morton $90.00
Junior Project Engineers Holly Werth $86.00
Geoff Kirsten $82.00
CADD Roy Marken $116.00
Mike Monahan $87.00
Cody Schnee $67.00
Office/Clerical Maudeen Vest $63.00
Amy Stapley $59.00
Senior Consultants Glen Daigger $299.00
Jay Witherspoon $237.00
Jan Allen $228.00
Ron Sieger $184.00
Jim Bays $169.00
Ron Skabo $161.00
Bruce Johnson $154.00
Allen Davis $152.00
Earl Byron $140.00
PAGE 2 OF 2
FORM 398B
REVISED: 7/97
Expenses Communications(2)$1.20/hr
Computers(2)$4.65/hr
Photocopies $0.04 ea.
Direct Expenses(3)As Incurred
Notes
(1)Hourly rates are based on a 2.08 Salary Rate Multiplier and includes allowances for
salary, payroll taxes, fringe benefits, overhead, and profit, but do not include allowances for
direct expenses. These rates are subject to annual calendar year adjustments.
(2)Assessment applies to all labor hours incurred on project.
(3)Direct expenses are charges incurred on the project, as well as CH2M HILL's current
standard rate charges for services such as photocopies, computing systems, special OSHA
health and safety requirements, telecommunications, etc.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-83
WHEREAS, the City of Grand Island invited proposals for On-Call Engineering Consulting
Services in accordance with a Request for Proposal on file with the City Engineer; and
WHEREAS, on March 9, 2005, one proposal was received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, CH2M Hill of Denver, Colorado, submitted a proposal in accordance with
the terms of the request for proposals and all statutory requirements contained therein and the City
Procurement Code, such proposal being at standard rates in accordance with the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of CH2M Hill of Denver, Colorado,
for on-call engineering consulting services at standard rates in accordance with the agreement is hereby
approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute an agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2005-84- Approving Correction to Resolution 2005-62 Regarding
Street Improvement District No. 1255; Independence Avenue,
Shanna Street & Lariat Lane
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 22, 2005
Subject: Approving Correction to Resolution 2005-62
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Engineering Division of the Public Works Department advertised for bids for Street
Improvement District on February 4, 2005. Bids were received and opened on February
22, 2005.
Discussion
The City Council approved Resolution Number 2005-62 at the March 8, 2005 meeting
awarding the contract to A & R Construction Co., of Plainview, Nebraska, for the amount
of $415,354.66. An incorrect bid price was in the resolution. The resolution stated an
amount $1,000 less than the bid that A & R Construction submitted. The resolution
should be approved for $416,354.66.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve a resolution rescinding the original resolution and passing a
corrected version.
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 rescinding the
original resolution and passing a corrected resolution for Street Improvement District
1255.
Sample Motion
Move to approve the rescinding of the original resolution and pass a corrected resolution.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-84
WHEREAS, on March 8, 2005, by Resolution 2005-62, the City Council of the City of
Grand Island awarded the bid of A & R Construction Co. of Plainview, Nebraska for Street Improvement
District No. 1255; and
WHEREAS, Resolution 2005-62 incorrectly stated the bid price of A & R Construction
Co.; and
WHEREAS, it is necessary to amend Resolution 2005-62 to correctly state the bid amount
of $416,354.66 as submitted by A & R Construction Co. for Street Improvement District No. 1255.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2005-62 is hereby amended to correct
the bid amount of $416,354.66 awarded to A & R Construction Co. of Plainview, Nebraska, for Street
Improvement District No. 1255.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2005-85- Approving Removal of the Handicap Parking Stall in
Front of 522 W 1st Street, Northeast Corner of 1st Street & Elm
Street
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: March 22, 2005
Subject: Approving Removal of the Handicap Parking Stall in
Front of 522 W 1st Street
Item #’s: G-12
Presenter(s): Steven P. Riehle, Public Works Director
Background
Council action is required for the installation and removal of handicap parking
stalls.
Discussion
The City Council designated a handicap parking stall in front of 522 West 1st Street at the
January 27, 2004 council meeting. The designation was at the request of the tenant
through the landlord. The tenant no longer lives there and the landlord is requesting the
handicap designation be removed.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the removal of the handicap parking stall in front of 522 W 1st Street.
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 to remove the
handicap parking stall in front of 522 W 1st Street.
Sample Motion
Move to approve the removal of the handicap parking stall.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-85
WHEREAS, on January 27, 2004, by Resolution 2004-21, the City Council of the City of
Grand Island approved the designation of a parking stall for the exclusive use of vehicles for handicapped or
disabled persons in front of the residence at 522 West First Street to accommodate a tenant at that address;
and
WHEREAS, such tenant no longer resides at that address, and the landlord is requesting
that such handicap parking stall be removed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the parking stall designated for handicapped or
disabled persons in front of the residence at 522 West First Street shall hereby be removed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2005-86- Approving Change Order No. 5 to the Grand
Generation Center Renovation and Expansion Project
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Meeting: March 22, 2005
Subject: Change Order #5 Grand Generation Center
Item #’s: G-13
Presenter(s): Joni Kuzma, Development Specialist
Background
The City of Grand Island is the owner of record of the building occupied by Senior
Citizen Industries, Inc, located at 304 East 3rd Street. In July 2004, the City awarded a
contract in the amount of $615,985.00 to Starostka Group Unlimited for the expansion
and renovation of the Center. The City received a Community Development Block grant
in the amount of $350,000 to assist in this expansion and renovation.
At the October 26, 2004 meeting of the City Council, Change Order #1 was approved in
the amount of $17,524.25 for removal of miscellaneous debris found under the footings
during the redigging for the laying of the foundation. Change Order #2 was approved at
the Dec. 21, 2004 Council meeting to decrease the amount of the contract by $29,992.00
for the deduction of the Fire Sprinkler system and allow a 45 day time extension for
completion. Change Order #3 was approved at the January 25, 2005 to decrease the
contract sum by $2,000 from a Home Depot gift applied to contractor supply purchases.
Change Order #4, approved February 22, 2005, increased costs by $4,940 for a revision
of Footings and Foundations, which includes additional work needed in the Kitchen
Work Room and the addition of two receptacles on the east side of the center wall of the
kitchen.
Discussion
Change Order #5 provides for a variety of electrical conduit additions and adds a fire
extinguisher cabinet. With Council approval, the contract amount (amended by change
order #4) of $606,457.25 will be increased by $2,631.50. The new contract amount will
be $609,088.75, an amount less than the original contracted base bid.
Since the City owns the building and the original contract was signed by the City, Change
Order #5 is being submitted to the City for their approval. No other changes are
anticipated for this project.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve Change Order #5.
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that the Council approve Change Order #5.
Sample Motion
Motion to approve Change Order #5 to the contract with Starostka Group Unlimited on
the expansion and renovation of the Senior Citizens Industries, Inc.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-86
WHEREAS, on July 13, 2004, by Resolution 2004-166, the City of Grand Island awarded
the bid for the addition and renovation of the Grand Generation Center at 304 East Third Street to
Starostka Group, Inc. of Grand Island, Nebraska; and
WHEREAS, on October 26, 2004, by Resolution 2004-274, the City of Grand Island
approved Change Order No. 1 for such project to authorize the removal of miscellaneous debris found
under the footings; and
WHEREAS, on December 21, 2004, by Resolution 2004-322, the City of Grand Island
approved Change Order No. 2 for such project to extend the base bid contract completion date to
February 26, 2005 and to transfer the costs of the fire sprinkler system to a separate contract; and
WHEREAS, on January 25, 2005, by Resolution 2005-24, the City of Grand Island
approved Change Order No. 3 decreasing the contract sum by $2,000 due to a Home Depot gift applied
to contractor supply purchases; and
WHEREAS, on February 22, 2005, by Resolution 2005-55, the City of Grand Island
approved Change Order No. 4 increased the contract sum by $4,940 for a revision of footings and
foundations including additional kitchen work; and
WHEREAS, Change Order No. 5 is being proposed for a variety of electrical conduit
additions and a fire extinguisher cabinet; and
WHEREAS, such additional work will increase the contract by $2,631.50 for a total
adjusted contract amount of $609,088.75.
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. 5 between the City of Grand Island and Starostka Group, Inc. of
Grand Island, Nebraska, to increase the contract amount by $2,631.50 for electrical conduit additions and
a fire extinguisher cabinet as set out in such change order.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2005-87- Approving Contract for Carpet Replacement for Suite 3
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: March 22, 2005
Subject: Approving Contract for Carpet Replacement of Suite #3
Item #’s: G-14
Presenter(s): Craig Lewis
Background
Grand Island City government offices have operated from the existing City Hall facilities
for approximately 12 years. The floor coverings in several of the high traffic areas are in
need of replacement. Systematic replacement is proposed for this and next budget year,
with suite 3 being targeted for the initial replacement as it is the most in need.
Discussion
A request for proposal was advertised and sent to several local business requesting
proposals for replacement of the floor covering in suite 3. Three proposals were received
as follows;
Floor to Ceiling $28,901.47 no installation time submitted.
Color Tile & Carpet $24,459.68 one week installation.
Johnson Cash-Way $18,686.77 four week installation time.
The lowest proposal in certainly attractive from a cost comparison perspective but the
time frame associated with that proposal is not acceptable from a functional perspective.
The highest dollar proposal did not submit a time schedule as required in the request and
has not been considered. The middle proposal from Color Tile & Carpet is the most
attractive as the cost appears reasonable and the time schedule proposed is the most
beneficial from an operational viewpoint.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the contract.
2. Disapprove or /Deny the contract.
3. Modify the request to meet the wishes of the Council
4. Table the issue
Recommendation
City Administration recommends that the Council approve the contract and proposal
submitted by Color Tile & Carpet.
Sample Motion
A motio n to approve the contract agreement with Color Tile & Carpet for the
replacement of floor covering in suite 3 of City Hall.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
CARPET REPLACEMENT FOR SUITE 3
RFP DUE DATE: March 10, 2005 at 4:00 p.m.
DEPARTMENT: Building
PUBLICATION DATE: February 19, 2005
NO. POTENTIAL BIDDERS: 7
SUMMARY OF PROPOSALS RECEIVED
Johnson Cash-Way Color Tile & Carpet
Grand Island, NE Grand Island, NE
Floor to Ceiling
Grand Island, NE 68803
cc: Craig Lewis, Building Director Ken Scholl, Building Maintenance
Gary Greer, City Administrator David Springer, Finance Director
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P978
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-87
WHEREAS, the City of Grand Island invited proposals for Replacement of Carpet – 1st
Floor – City Hall, in accordance with a Request for Proposal on file with the Building Department; and
WHEREAS, on March 10, 2005, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Color Tile & Carpet of Grand Island, Nebraska, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal being in the amount of $24,459.68; and
WHEREAS, the City Attorney's office has reviewed and approved a contract for such
project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Color Tile & Carpet of Grand
Island, Nebraska, for Replacement of Carpet – City Hall Suite 3 in the amount of $24,459.68 is hereby
approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2005-88- Approving Authorization for Mayor to Execute
Development Agreement and Loan Documents with Standard Iron,
Inc.
Tuesday, March 22, 2005
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: March 22, 2005
Subject: Resolution Authorizing Mayor to Execute Development
Agreement and Loan Documents with Standard Iron, Inc.
Item #’s: G-15
Presenter(s): Douglas R. Walker, City Attorney
Background
On September 14, 2004, the City Council authorized the City of Grand Island to proceed
with seeking Community Development Block Grant Funds from the Nebraska
Department of Economic Development so that the city could make a grant of Community
Development Block Grant Funds to Standard Iron, Inc. The city has been successful in
obtaining a grant for $429,947.00 in Community Development Block Grant Funds to
extend to Standard Iron, Inc., as part of the incentives to induce Standard Iron, Inc., to
locate their new manufacturing facility in the City of Grand Island. This item is now
before the City Council to authorize the Mayor to sign the development agreement and all
of the final loan documents necessary to complete the process of extending economic
incentives to Standard Iron, Inc.
Discussion
The city has been successful in obtaining Community Development Block Grant Funding
in the amount of $429,947.00. This money will be loaned to Standard Iron, Inc., for
building, construction and equipment purchases with the city retaining $4,000.00 for
auditing and administrative expenses. The city will also be extending another $74,053.00
of Economic Development Program Funds to complete the total incentive package of
$500,000.00. Of this total amount, $250,000.00 will be in the form of a forgivable loan
which will not have to be paid back if all employment objectives are met. The other
$250,000.00 will be extended in the form of a term note that would be paid back in 168
installments at no interest unless Standard Iron defaults. It is necessary to obtain City
Council approval for completing the documents associated with extending the CDBG and
Economic Development Funds to Standard Iron, Inc. The resolution will authorize the
Mayor to sign the necessary documents to complete the process of extending the
incentives to Standard Iron, Inc.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution authorizing the Mayor to sign the necessary
documents to complete the process of extending the Community Development
Block Grant Funds and Economic Development Funds to Standard Iron, Inc.
2. Not approve the resolution which would not permit the process to be
concluded.
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends tha t the Council approve the resolution authorizing the
Mayor to sign the Economic Development Agreement and all other documents necessary
to complete the process of extending financial incentives to Standard Iron, Inc.
Sample Motion
Motion to approve the resolution authorizing the Mayor to sign the necessary documents
to complete the process of extending Community Development Block Grant Funds and
Economic Development Funds to Standard Iron, Inc.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-88
WHEREAS, on September 14, 2004, the Grand Island City Council authorized the Mayor
to proceed with the formulation of documents, contracts and memorandum between the City of Grand
Island and the Nebraska Department of Economic Development to effect the application for acceptance for
Community Development Block Grant Program funds for Standard Iron, Inc.’s building construction and
equipment costs; and
WHEREAS, the city has been successful in obtaining such funds and has proceeded to have
the necessary economic development agreement and financing documents drafted to secure the Community
Development Block Grant Program loan; and
WHEREAS, it is necessary for the Grand Island City Council to authorize the Mayor to
sign the development agreement and the necessary financing documents to conclude the process of
extending the Community Development Block Grant Program funds to Standard Iron, Inc.,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to
proceed with executing the Development Agreement with Standard Iron, Inc., and the Demeules Family
Limited Partnership as well as all other documents necessary to complete the process of extending
Community Development Block Grant Funds to Standard Iron, Inc.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2005-89- Approving Supplemental Agreement for Overhead
Power Line Encroachment and Crossing Agreement with Union
Pacific Railroad
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Gary Mader, Utilities Director
Douglas R. Walker, City Attorney
Meeting: March 22, 2005
Subject: Supplemental Crossing Agreement with
Union Pacific Railway
Item #’s: G-16
Presenter(s): Gary Mader, Utilities Director
Background
The City of Grand Island currently has an agreement with the Union Pacific Railroad for
an overhead wire crossing of the Union Pacific Railroad tracks on the east side of
Engleman Road railroad crossing. Due to planned road construction in the area which
will widen the approaches to this intersection, an electric utility pole needs to be
relocated back onto the Union Pacific Railroad right-of-way. When a power pole is
located on a railroad right-of-way, the railway requires an agreement setting forth the
conditions for permitting that pole to be located on railroad property. A supplement
agreement has been prepared by the Union Pacific Railroad and submitted to the City of
Grand Island for its consideration.
Discussion
The supplement agreement prepared by the Union Pacific Railroad sets forth the terms
under which the city would be permitted to relocate its power pole for the wire line
crossing of the Union Pacific Railroad tracks near the east side of the Engleman Road
Railroad crossing. The supplemental agreement sets forth that a one time license fee
would be paid by the City to the railroad for the relocation of the electric utility pole on
the railroad right-of-way. Reaching an agreement with the railroad is necessary so that
this power line can be properly maintained as it crosses the Union Pacific Railroad right-
of-way and U.S. Highway 30 on the west side of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the supplement agreement with Union Pacific Railroad
which will permit the relocation of the power pole.
2. Choose to not pass the resolution authorizing the city to enter into the
supplement agreement which would not permit the power pole relocation.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council pass the resolution authorizing the city
to enter into the supplemental agreement for relocating the power pole onto the Union
Pacific Railroad right-of-way.
Sample Motion
Motion to approve the resolution authorizing the supplemental agreement with Union
Pacific Railroad.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-89
WHEREAS, Union Pacific Railroad Company has tendered to the City of Grand Island, a
Supplemental Agreement covering an overhead power line encroachment and crossing at or near Grand
Island, Hall County, Nebraska; and
WHEREAS, the City Council of the City of Grand Island has the proposed Supplemental
Agreement before it and has given it careful review and consideration; and
WHEREAS, the best interests of said City will be subserved by the acceptance of said
Supplemental Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the terms of the Supplemental Agreement covering
an overhead power line encroachment and crossing at or near Grand Island, Nebraska, which has been
submitted by Union Pacific Railroad Company as aforesaid be, and the same is hereby accepted on behalf
of said City and the Mayor is hereby authorized, empowered and directed to execute said Supplemental
Agreement on behalf of the City and that the City Clerk of said City is hereby authorized and directed to
attest said Supplemental Agreement and to attach to each duplicate original of said Supplement Agreement
a certified copy of this Resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2005-90- Approving Agreement with Northwest Baseball/Softball
Association
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: March 22, 2005
Subject : Approving agreement with Northwest Baseball/Softball
Organization
Item #’s: G-17
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
Since July 26, 1995 the City of Grand Island has cooperated with the Northwest Baseball
organization to provide youth activities. The arrangement between the city and the
Northwest organization has been guided by a signed agreement. The current agreement
with the Northwest Baseball/Softball Association expires this year , thereby requiring a
new document..
Discussion
A new contract is before the City Council for consideration. The only recommended
change to the contract is to make the contract automatically renewable until which time
the City or Northwest Baseball/Softball Association request to modify it.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City staff recommends the approval of the new contract.
Sample Motion
Motion to approve agreement with Northwest Baseball/Softball Association.
AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of __________________,
2005, by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal
Corporation, hereinafter referred to as “City”, and NORTHWEST BASEBALL/SOFTBALL
ASSOCIATION, hereinafter referred to as "Northwest.".
WHEREAS, the City sponsors a Little League baseball program each summer at the city
parks for the children of Grand Island; and
WHEREAS, Northwest has in the past provided the necessary instruction, baseball
equipment, grounds and maintenance personnel, league schedules, and other services relating to
the implementation of said baseball programs; and
WHEREAS, the City and Northwest desire to continue their relationship to provide said
baseball program under the terms and conditions set forth in this agreement.
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the City
and Northwest agree as follows:
1. SERVICES. Northwest will provide the administration of the baseball program,
hire the umpires, schedule games and tournaments, provide equipment and uniforms, provide an
employee to chalk and drag the infield, and provide direct infield maintenance. The City will
provide overall facility maintenance, including bleacher repair, irrigation operation and repair,
electrical work with respect to field lighting, and general mowing.
2. COMPENSATION. In consideration of Northwest performing the services
provided for in this agreement, the City agrees to pay Northwest an amount up to Two Thousand
Eight Hundred Seventy Five Dollars ($2,875.00) each fiscal year, subject to Northwest
submitting to the City, receipts of amounts expended totaling at least Two Thousand Eight
Hundred Seventy Five Dollars ($2,875.00) with respect to said baseball program.
3. TERM. The terms of this agreement shall be from April 1, 2005 to September 30,
2010. The agreement shall be automatically extended in one (1) year increments thereafter, upon
the same terms and conditions unless terminated by either party as provided herein. It is specially
agreed and understood that either party shall have the right to terminate this agreement by giving
the other party sixty (60) days written notice in advance of the termination date. This agreement
shall immediately terminate in the event either party defaults or fails to perform any of its
obligations or conditions set forth herein.
4. ASSIGNABILITY. This agreement shall not be assigned in whole or in part
without prior written consent of the City.
- 2 -
5. ENTIRE AGREEMENT. This agreement constitutes the entire agreement
between the City and Northwest notwithstanding any other oral agreements or understandings to
the contrary and may be amended only in writing, approved and executed as required by law.
IN WITNESS WHEREOF, this agreement is executed by the respective parties.
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
By: ____________________________________
Jay Vavricek, Mayor
Attest: ____________________________________
RaNae Edwards, City Clerk
NORTHWEST BASEBALL/SOFTBALL
ASSOCIATION,
By: ____________________________________
Ken Thompson, President
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
On ___________________________, 2005, before me, the undersigned, a Notary Public in and for said
County and State, personally appeared Ken Thompson, President of the Northwest Baseball/Softball Association,
known personally to me to be the identical person who signed the foregoing Agreement and acknowledged the
execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the association.
WITNESS my hand and notarial seal the date above written.
____________________________________
Notary Public
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-90
WHEREAS, the City of Grand Island subsidizes the Northwest Baseball/Softball
Association to provide baseball programs each summer at City parks; and
WHEREAS, Northwest Baseball/Softball Association provides the necessary instruction,
baseball equipment, grounds and maintenance personnel, league schedules, and other services relating to the
implementation of the baseball programs; and
WHEREAS, it is recommended that funding to Northwest Baseball/Softball Association in
the amount of $2,875 each fiscal year be approved for providing such services; and
WHEREAS, an agreement for such services 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 agreement by and between the City and
Northwest Baseball/Softball Association for the provision of summer baseball leagues, in accordance with
the terms of the agreement 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, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2005-91- Approving Agreement with Grand Island Softball
Association
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: March 22, 2005
Subject: Approving Agreement with Grand Island Softball
Association
Item #’s: G-18
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
Since the early 1970’s the City of Grand Island has cooperated with the Grand Island
Softball Association to provide softball opportunities to residents. The arrangement
between the organization and the city has been guided by a signed agreement. The
agreement with the Grand Island Softball Association has expired.
Discussion
The agreement before the City Council reflects two changes from the current contract.
The first item changes the contract to being indefinitely renewable until which time either
party wished to renegotiate the agreement. The second change reflects an increase of the
user fee by $1.00 every two years.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement
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 Council approve the agreement with the Grand
Island Softball Association.
Sample Motion
Motion to approve agreement with the Grand Island Softball Association..
Page 1 of 5
A G R E E M E N T
THIS AGREEMENT dated this ______ day of ______________________ 2005,
by and between the CITY OF GRAND ISLAND, Hall County, Nebraska, hereinafter referred to
as “City”, and GRAND ISLAND SOFTBALL ASSOCIATION, INC., a Nebraska non-profit
corporation, hereinafter referred to as “GISBA.”
WHEREAS, GISBA has accepted the responsibility for organizing and
supervising the softball program and taking on more responsibility in future years; and
WHEREAS, the City has agreed to provide maintenance of the playing fields; and
WHEREAS, each party wishes to set its obligations and duties in writing.
NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES, it is agreed
as follows:
1. TERM: The term of this agreement shall be from April 15, 2005 to April 15, 2010. The
agreement shall be automatically extended in one (1) year increments thereafter, upon the
same terms and conditions unless modified in writing with the mutual consent of both
parties or terminated:
(A) By service of a 60-day written notice of termination by either party; or
(B) By service of 60-day written notice of intent to renegotiate by either party.
2. DEFINITIONS: Playing Fields shall mean:
(A) Fonner Park Fields One, Two and Three.
(B) Any other field created by the City which the City authorized for league softball.
3. CITY OBLIGATIONS:
(A) Routine Maintenance:
Page 2 of 5
(1) To water and mow all playing fields as needed to maintain the fields in
good, playable, and safe condition.
(2) To maintain all drinking fountains serving playing fields in good, operable
condition.
(3) To maintain backstops, benches, and bleachers serving playing fields in
good, safe condition.
(4) To maintain all existing and new fences (and gates) surrounding playing
fields in safe, playable, and operable condition.
(5) To provide adequate receptacles for trash and debris, and to provide
pickup of trash on a regular and frequent schedule.
(6) To provide all the lime necessary and the chalker for the chalking of the
fields.
(7) To provide one set of new bases for each field per season, and to insure
that all bases and anchors are in safe and operable condition.
(8) To chalk all fields during the season.
(9) To pay for energy costs associated with lighting for the playing fields.
(10) To provide the opportunity for GISBA to voice any concerns to the Parks
and Recreation Department of the City.
(11) To dedicate all user fees collected hereunder by GISBA to the
maintenance and improvement of the physical plant of the softball fields
used by GISBA.
(B) SPECIAL MAINTENANCE: To provide at the beginning of the season properly
setup infields and outfields for softball play, with such dirt and leveling as is
needed, and to maintain the fields during the season in good, safe, playable
condition.
4. GISBA OBLIGATIONS:
(A) General obligations:
(1) To provide all scheduling of games, handle all leagues, complaints, and all
other administrative duties in regard to softball activities.
(2) To provide all trophies or awards for league participation.
Page 3 of 5
(3) To chalk all fields as needed during the absence of Parks Department
employees.
(4) To stress the need for cleanliness of the parks and playing fields to
members, and to provide for sanctions in the event that rules and
regulations of the City are not followed.
(5) To strictly enforce all rules and regulations of the City concerning use of
public playing fields.
(6) To assist with and cooperate with the City in all areas to promote
recreational activities in Grand Island.
(7) GISBA shall be solely liable for, and indemnify the City against, all
claims for damages to persons or property resulting from the GISBA’s
maintenance work performed pursuant to paragraph 4(B) of this
agreement.
(8) GISBA shall be solely liable for, and indemnify the City against, all
claims for damages to persons or property resulting from the activities and
operations conducted, supervised, managed, or assumed, by GISBA
hereunder.
(9) GISBA shall collect a user fee from each participant in the softball
program. The fee for the 2005 softball season shall be $10.00 per person.
All fees shall be paid by GISBA to the City by delivery to the Parks &
Recreation Department within thirty (30) days after receipt.
Season Amount
2006 $11.00 per person
2007 $11.00 per person
2008 $12.00 per person
2009 $12.00 per person
2010 $13.00 per person
Fees for softball seasons after 2010 shall increase by $1.00 per person
every other year that the contract remains in force.
(B) THE GISBA IS PROHIBITED FROM THE FOLLOWING ACTS:
(1) Operating motorized or self-propelled vehicles or equipment on the
premises;
(2) Adding soils or foreign materials to the ball field;
(3) Using anything other than hand tools for the raking or leveling of the ball
field;
Page 4 of 5
(4) Using or permitting the use of the hurricane fences located on the premises
for backstops during practice drills, unless said fences are protected by
padding approved by the City; and
(5) Use of the underground irrigation system.
5. JOINT OBLIGATIONS:
(A) Tournaments:
(1) The City agrees to provide for routine maintenance during the season. For
all tournaments other than those conducted by the GISBA a fee of $50.00
per day will be charged to the tournament sponsor for field maintenance
and use. This fee must be paid to the Parks and Recreation Department
prior to the tournament.
(2) Tournaments other than those provided by the GISBA shall be authorized
and scheduled by the City of Grand Island Parks & Recreation
Department.
(B) Both parties agree that each will extend to the other full cooperation to insure that
the softball league season is successful.
(C) Parties to be contacted for the purposes of implementing this Agreement are:
City: Parks & Recreation 385-5444
Director ext. 290
GISBA: Darrell Randolph 381-8139
IN WITNESS WHEREOF, this agreement is executed by the respective
parties.
CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
By: ____________________________________
Jay Vavricek, Mayor
Attest: ____________________________________
RaNae Edwards, City Clerk
Page 5 of 5
GRAND ISLAND SOFTBALL ASSOCIATION,
INC., A Nebraska non-profit corporation,
By: ____________________________________
Darrell Randolph, President
STATE OF NEBRASKA )
) ss
COUNTY OF HALL )
The foregoing document was executed before me on ________________________________, 2005, by
Darrell Randolph, President of the Grand Island Softball Association, Inc., a Nebraska non-profit corporation, on
behalf of the corporation.
___________________________________________
Notary Public
____________________________________
Approved as to form by City Attorney
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-91
WHEREAS, the Grand Island Softball Association, Inc., a Nebraska non-profit
corporation, has accepted responsibility for organizing and supervising the softball program at the Fonner
Park Softball Complex; and
WHEREAS, the City of Grand Island has agreed to provide maintenance of the playing
fields; and
WHEREAS, a formal agreement has been agreed to by the City and the Grand Island
Softball Association, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to
execute on behalf of the City of Grand Island, an agreement with the Grand Island Softball Association,
Inc., a Nebraska non-profit corporation, whereby the Grand Island Softball Association, Inc. will organize
and supervise the softball program at Fonner Park Softball Complex, and the City will provide maintenance,
in accordance with the terms of the agreement.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2005-92- Approving Change Order No. 1 to the Contract for
Heartland Public Shooting Park with Hooker Brothers
Construction
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: March 22, 2005
Subject: Change Order #1 for Heartland Public Shooting Park
with Hooker Brothers Construction.
Item #’s: G-19
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department opened bids for earthwork associated with the
construction of the rifle/pistol ranges at the Heartland Public Shooting Park on September
29, 2004. Hooker Brothers Construction of Grand Island provided the low bid and
entered into a contract to provide such services.
Discussion
Since the award of the original contract, modifications to the plan have been made that
has allowed for the reduction of the contract price by $110,500.00. The original contract
was awarded for $684,150.00. The deductive change order will result in a new contract
amount of $573,650.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the change order
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 change order #1 with Hooker
Brothers Construction.
Sample Motion
Motion to approve change order #1 with Hooker Brothers Construction.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-92
WHEREAS, on October 26, 2004, by Resolution 2004-271, the City of Grand Island
awarded the bid for Site Preparation and Lake Excavation at the CAAP Sport Shooting Complex to
Hooker Brothers Construction Company of Grand Island, Nebraska; and
WHEREAS, it has been determined that modifications to the work to be performed by
Hooker Brothers Construction Company are necessary; and
WHEREAS, such modifications have been incorporated into a change order; and
WHEREAS, the result of such modifications will decrease the contract amount by
$110,500 for a revised contract price of $573,650.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute a change order between the City of Grand Island and Hooker Brothers Construction
Company of Grand Island, Nebraska to provide the modifications set out as follows:
Cover crop only with certified seed. Seed to be broadcasted......................................................(25,000.00)
Gravel vs. crushed concrete ..................................................................................................(15,000.00)
Subgrade preparation vs. over excavation of berms ..................................................................(25,000.00)
Eliminate As Build survey by a professional L.S........................................................................( 9,000.00)
Eliminate ballistic sand............................................................................................................( 4,000.00)
Eliminate retaining walls ........................................................................................................(31,000.00)
Eliminate 1,000 feet of road on west side ................................................................................( 1,500.00)
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2005-93- Approving Contract for Design and Engineering
Services for Island Oasis Expansion
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: March 22, 2005
Subject: Approving Contract for Design and Engineering Services
for Island Oasis Expansion
Item #’s: G-20
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department is continuing with long-term plans to update Island
Oasis Water Park. Funding in the 2004-05 budget allows for $50,000.00 for engineering
services. It has been the practice of the City to offer a new option at Island Oasis every
few years.
Discussion
In an effort to continue to offer a top level aquatic facility, the Parks and Recreation
Department is proposing to add a Wet Children’s Play attraction to Island Oasis. This
new addition was also recommended by the Aquatic Consultant the city hired last
summer to assess the community’s aquatic facility needs. Proposals were solicited with
six received. After ranking the proposals it was determined Olsson Associates in
conjunction with Water Technology Inc. provided the proposal that best met City
requirements.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement
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 contract agreement with
Olsson Associates for design services for Island Oasis expansion for preliminary and
final design in an amount not to exceed $42,700.00 based on a $500,000.00 project.
Sample Motion
Motion to approve agreement with Olsson Associates for design services.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-93
WHEREAS, the City of Grand Island invited proposals for Design and Engineering
Services for Children's Wet Play Area at Island Oasis Water Park, in accordance with a Request for
Proposal on file with the City Clerk; and
WHEREAS, on January 13, 2005, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Olsson Associates of Grand Island, Nebraska, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal being for an amount not to exceed $42,700 based on a total
project cost of $500,000; and
WHEREAS, in the event the scope of the project expands, Olsson Associates has agreed
to provide additional design and engineering services at their standard hourly rate as set out in the schedule
attached to the contract for such project; and
WHEREAS, the City Attorney's office has reviewed and approved the proposed contract
for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand Island,
Nebraska, for design and engineering services for Children's Wet Play Area with the necessary
infrastructure for future attractions at Island Oasis Water Park for an amount not to exceed $42,700 based
on a $500,000 total project cost is hereby approved.
BE IT FURTHER RESOLVED, that in the event the scope of the project is expanded,
additional design and engineering services will be provided by Olsson Associates at their standard hourly
rate as set out in the schedule attached to the contract for this project.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2005-94- Approving Acceptance of Site and Need Study and City
Administration Recomendation for Fire Station #1.
This item Relates to Resolution Item I-2
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary Greer
City of Grand Island City Council
Council Agenda Memo
From: Gary D. Greer, City Administrator
Meeting: March 22, 2005
Subject: Accept Fire Station #1 and Fire Training Center Site and
Needs Study and Authorize the City to proceed with
Administration Recommendations
Item #’s: I-1 and I-2
Presenter(s): Gary D. Greer, City Administrator
Background
Over the last few months, the City has moved forward with plans to replace Fire Station
#1 and to begin the process of developing property for a Fire Training Facility. These
projects were identified during the ½ % sales tax election as priority facility
improvements. Since the election the City has engaged in several processes to explore the
best way to bring about the two projects. A committee was formed to manage the process
and guide the public discussion. The culmination of the Committee’s work resulted in a
Site and Needs Study being presented by RDG Schutte Wilscam Birge, Inc, BKV Group,
and Emergency Services Consulting, Inc. at the March 1st study session.
Discussion
The Group looked at many alternatives and presented a recommendation for the
replacement of Fire Station # 1 and the Fire Training Facility. The consultants
recommended a strategy that would build 2 smaller stations in order to create the best
possible response times as Grand Island grows. They indicated that a station should be
build on Fonner Park property and on the land that is currently Lions Park. They also
suggested that current Station # 2 be converted to an EMS station to serve the entire City.
RDG/BKV/ESC also recommended that the City pursue property adjacent to the Central
Community College/College Park campuses for the Fire Training Facility. The Group
recommended that a business plan be completed to guide the development of the facility
to maximize the opportunities for the project.
At the conclusion of the report City Administration provided a recommendation for the
implementation of the consultant’s recommendations. Following is the recommendation
from City Administration:
City Administration’s Recommendation
This recommendation is the opinion of City Administration after reviewing the March 1,
2005 Site and Needs Study presented by RDG.
Fire Station # 1 replacement recommendation
1. Build a replacement fire station without headquarters
2. Build in the Fonner Park area
3. Pay cash for the facility (see attached budget)
4. Do not build a station at Lion’s Park location
5. Continue to study the need for a fire station in the North East portion of the City
6. Closely look at redevelopment area for station in future as build out happens
Fire Training Facility
1. Pursue property east of Central Community College for Fire Training Facility.
2. Continue on a long term, pay as you go approach.
3. Pursue connections with CCC and College Park for facilities and Curriculum
4. Put together a business Plan for the Fire Training facility.
5. Evaluate the possibility of the Fire Administration being located at the Fire
Training Facility long term.
Estimate for Budget for replacement for Fire Station #1 based on assumptions in RDG
Report:
ADMINISTRATION
Land Acquisition $0
Soil Borings $5,000
Survey $3,500
CONSTUCTION COSTS
Site work $56,000
Pavement/Landscape $280,000
Building Construction (New) $1,325,390
FEES
A/E Design/Bidding $132,539
Civil Engineering $6,500
Landscape Architect $5,200
Reimbursable expenses $19,104
Plan review fees & permits $29,966
Special inspections & testing $7,492
City SAC/WAC $27,000
Furnishings, Fixtures & Equipment $118,000
Kitchen Equipment Allowance $15,000
Laundry Equipment Allowance $12,000
FF&E Design Fees $11,644
TECHNOLOGY
Data/Telephone $5,000
Security/Video Systems $47,000
SUBTOTAL $2,106,335
CONTINGENCY
Estimating (5%) $105,316
Project (10%) $210,633
TOTAL $2,422,284
After reviewing the consultant’s report and considering City Administration’s
recommendation the Council is asked to provide policy direction for action in the future
on these important City projects.
Two resolutions have been prepared to allow for separate consideration of the two issues.
· Resolution 2005-94 Accepts the Site and Needs Study and Directs City
Administration to pursue the development of a new Fire Station on Fonner Park
property as recommended, and,
· Resolution 2005-95 directs City Administration to pursue acquisition of property
east of Central Community College for the development of a Fire Training
Facility.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve Resolutions # 2005-94 and/or # 2005-95
2. Modify either resolution to meet the needs of the Council
3. Postpone the issue to a further date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Resolutions # 2005-94 and #
2005-95.
Sample Motion
Move to approve Resolutions # 2005-94 and # 2005-95
Item I2
#2005-95- Approving Acceptance of Site and Need Study and City
Administration Recommendation for Fire Training Center Facility
This item relates to Resolution Item I-1.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: Gary Greer
City of Grand Island City Council
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-95
WHEREAS, on November 9, 2004, by Resolution 2004-289, the City Council of the City
of Grand Island approved the proposal of RDG Schutte Wilscam Birge, Inc. of Omaha, Nebraska
(hereafter "RDG") to prepare a Site and Needs Study for the Fire Department for a new Headquarters Fire
Station and a new Fire Training Center; and
WHEREAS, on March 1, 2005, at the Grand Island City Council Study Session, RDG
presented such study for review and discussion; and
WHEREAS, at the conclusion of such presentation, City Administration recommended (a)
that a replacement fire station be built without headquarters on donated land on Fonner Park property, (2)
that such fire station be constructed and purchased in cash, (3) that the fire station located in the northeast
portion of the City be studied further, and (4) that city staff pursue the acquisition of land east of Central
Community College for the construction of a fire training facility.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that city staff is hereby authorized to pursue the
acquisition of property east of Central Community College for the construction of a fire training facility.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item I3
#2005-96- Approving Date for Personnel Hearing
Tuesday, March 22, 2005
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: March 22, 2005
Subject: Misconduct Charges Against Howard Maxon
Item #’s: I-3
Presenter(s): Douglas R. Walker, City Attorney
Background
Written charges of misconduct against the Emergency Management Director have been
signed, verified and filed with the City Clerk as required by Grand Island Code Section 2-
22. This section of the City Code also requires that a resolution be passed by the City
Council to establish a hearing on the charges of misconduct if requested by a department
director as defined in Section 2-21 of the City Code. The Emergency Management
Director, Howard Maxon, has requested a hearing and a resolution setting a hearing date
has been prepared for consideration of the City Council.
Discussion
The Emergency Management Director is one of the positions listed under Section 2-21 of
the Grand Island City Code as being subject to a process wherein if written charges of
misconduct are filed against a director, then that director is entitled to a hearing before
the City Council pursuant to the provisions of City Code Section 2-22. Section 2-22 of
the City Code further requires that a hearing be established by resolution of the City
Council and that the hearing take place not less than five days nor more than ten days
after the passage of the resolution. The resolution before the City Council for
consideration would establish a hearing for March 29th, which would be seven days after
the passage of the resolution if the Council chooses at 9:00 AM do so at the March 22,
2005 meeting.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the resolution which will establish a hearing on March 29,
2005, for the Council to determine whether or not the charges that have been
filed against Howard Maxon are valid and warrant termination of
employment.
2. Disapprove or deny the resolution setting a hearing in which case a hearing
could not proceed and the process of terminating the employment of Howard
Maxon could not proceed.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends tha t the Council pass the resolution establishing a
hearing date on the charges of misconduct that have been brought against Howard Maxon
on March 29, 2005.
Sample Motion
Motion to approve the resolution establishing a hearing date on March 29, 2005.
Approved as to Form ¤ ___________
March 17, 2005 ¤ City Attorney
R E S O L U T I O N 2005-96
WHEREAS, written charges of misconduct against the Emergency Management Director,
Howard Maxon, have been signed, verified and filed with the City Clerk; and
WHEREAS, Grand Island City Code Section 2-22 requires that the City Council by
resolution set a time for hearing on such charges, not less than five days nor more than ten days subsequent
to the passage of such resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that a hearing on the written charges against Howard
Maxon, Emergency Management Director, which have been signed, verified and filed with the City Clerk,
shall be held on March 29, 2005, at 9:00 a.m.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of March 9, 2005
through March 22, 2005
The Claims for the period of March 9, 2005 through March 22, 2005 for a total amount of
$3,633,868.46. A MOTION is in order.
Tuesday, March 22, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council