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12-20-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, December 20, 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 Mike Reiners, Peace Lutheran Church, 4018 Zola Lane 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 Musical Presentation by the La Camerata Madrigal Singers Under the Director of Pam Ahlman The La Camerata Madrigal Singers under the Direction of Pam Ahlman will present several Christmas selections to the Mayor, City Council, and the public. They have been performing for 20 years. We want to welcome and thank them for this special performance. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E1 Public Hearing on Request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class "C" Liquor License Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: December 20, 2005 Subject: Public Hearing on Request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class “C” Liquor License Item #’s: E-1 & H-1 Presenter(s): RaNae Edwards, City Clerk Background Nickie Kallos, Jr., owner of Club 69, Inc. dba Club 69, 106 East 3rd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Due to the current remodeling of the premises it is recommended that Council approve the application contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request contingent upon final inspections. 2. Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request contingent upon final inspections. Sample Motion Move to approve the request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class “C” Liquor License contingent upon final inspections. Item E2 Public Hearing on Change of Zoning for Land Proposed for Platting as Autumn Park Third Subdivision from RD Residential Development to Amended RD Residential Development Tuesday, December 20, 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: December 20, 2005 Subject: Change of Zoning Item #’s: E-2 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning on a tract of land proposed for platting as Autumn Park Third Subdivision from RD Residential Development to amended RD Residential Development Zone. Discussion This property is currently zoned RD Residential Development. The RD zone is a planned unit development. The developer is required to build the development as it was approved unless they request and receive permission to change the plan for the development. Any such request must be handled in the same manner as the original request with public hearings before the Regional Planning Commission and City Council. City Council has the authority to approve or deny the requested changes. The Autumn Park Subdivision was originally approved in 1995 with 432 units of apartments. The first 144 apartme nts were built upon approval. The second phase of the project was approved in 1996 and was not ever completed. M. Timm Development the owner of the project is seeking approval for an amended project similar to the original design. The amend plan proposed 16 unit buildings instead of 12 unit buildings. They are not proposing to increase the number of units. Phase two and three of this project would still include an additional 288 units. They will also include a club house, swimming pool and playground that was not in the original plan. The developers will be extending city water and sewer to all of their buildings. They will be connecting the driveway on the west side of the project with at the beginning of the second phase of the development. This will give residents and emergency vehicles two ways to enter and exit the property. This proposal will also improve the circulation between the first phase of the development and the second and third phases. It allows for a better parking ratio, more greenspace and less impervious surface area. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning as presented 2. Modify the rezoning to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Haskins 2nd by Miller to approve the rezoning as presented. A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes) voting in favor. Sample Motion Approve the rezoning for Autumn park Third Subdivision as presented. Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: November 21, 2005 SUBJECT: Zoning Change (C-04-2006GI) PROPOSAL: To amend the existing RD-Residential Development Zone for Autumn Park Subdivision located north of State Street and west of the Moore’s Creek Drainway. The RD Zone application also includes both the Preliminary and Final Plats for the Autumn Park Third Subdivision in the City of Grand Island. OVERVIEW: Site Analysis Current zoning designation: RD Residential Development Zone Permitted and conditional uses: RD Residential uses at a density of up to 43 dwelling units per acre depending on the plan approved by Council. In October of 1996, the Grand Island City Council permitted 144 units of apartments in 12 buildings units on this tract with an additional 144 units in 12 buildings planned for the final phase. Comprehensive Plan Designation: Medium Density Residential to Office Use Existing land uses. Farm Ground Adjacent Properties Analysis Current zoning designations: North: R4- High Density Residential East: B2-General Business West R1- Suburban Density Residential and South: R4- High Density Residential Permitted and conditional uses: B2 Commercial and retail uses including those with outside storage of merchandise, office uses and residential uses up to a density of 43 units per acre. R1 Residential uses at a density of 4 dwelling units per acre. R4 Residential uses at a density of 43 dwelling units per acre. . Comprehensive Plan Designation: North: Medium Density Residential to Office Use East: Commercial West: Low to Medium Density Residential South: Medium Density Residential to Office Use Existing land uses: North: Farm ground East: Menards, Moore’s Creek Drainway West: Farm Ground South: Farm Ground EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for commercial development. · Accessible to Existing Municipal Infrastructure: Water and sewer services are available to service the area. Sanitary sewer and water are along the north and east sides of the property. · Provides Additional Housing Opportunities: This development will add 144 apartments in along with private recreational facilities including a club house, playground and pool to the existing Autumn Park Apartments development. The final phase of the development would add another 144 apartments. · Continues a development that has been on hold for 9 years: The second phase of this development was approved in 1996 and has had any activity since that approval. · Adds Connectivity to the Existing Apartments: This proposal includes a connection between the north side of the existing parking lot and the new area to be developed. This lane will allow traffic, including emergency vehicles, multiple access points to the first and second phase of the Autumn Park Apartments. · Monetary Benefit to Applicant: Would allow the applicant to develop and sell this property. Negative Implications: · None Foreseen Other The developers are proposing to keep the same number of units in this phase of the development as was approved in 1996. In addition to building 144 units of apartments in 9 buildings with this phase, they will be developing a clubhouse, playground and pool. These amenities will add to the development. The unbuilt portion of Ebony Lane the City Street on the southwest edge of this development will be built to provide a second entrance into the apartments. This street will be completed and connected as part of this phase of the development. The final phase of this development will include an additional 144 units of apartments in another 9 buildings. The developers are not changing the number of units from the number originally approved for this RD zone but they are changing the location and number of buildings and adding amenities. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council amend the existing RD Residential Development Zone as presented along with the Preliminary and Final Plats for Autumn Park Third Subdivision. ___________________ Chad Nabity AICP, Planning Director Item E3 Public Hearing Concerning Acquisition of Utility Easement - 1932 Aspen Circle - Northstar Plaza, LLC Tuesday, December 20, 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: December 20, 2005 Subject: Acquisition of Utility Easement – 1932 Aspen Circle Aspen Circle & State Street) – Northstar Plaza, LLC Item #’s: E-3 & G-8 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 Northstar Plaza, LLC, located on the south side of the building located at 1932 Aspen Circle, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to locate electric underground cable and a three phase pad- mounted transformer to provide electrical service to the new building. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E4 Public Hearing and Approval for Acquisition of a Public Utilities Easement Located at 4179 Old Potash HWY (Barry & Jolynn Niedfelt) Tuesday, December 20, 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: December 20, 2005 Subject: Public Hearing and Approval for Acquisition of a Public Utilities Easement Located at 4179 Old Potash HWY (Barry & Jolynn Niedfelt) Item #’s: E-4 & G-12 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. Discussion The developer of the property located at the southwest corner of Engleman Road and Old Potash Highway is extending public sewer to serve the development of Copper Creek Subdivision. The existing public sanitary sewer main is along the south side of Old Potash Highway; approximately ¼ mile west of North Road. A public utility easement along the south side of Old Potash Highway for approximately ¼ mile is needed for the sanitary sewer. The developer obtained the easement from the property owners. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Utility Easement. 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 conduct a Public Hearing and approve acquisition of the Public Utility Easement. Sample Motion Move to approve the acquisition of the Public Utility Easement. Item F1 #9021 - Consideration of Vacation of all Public Utility Easements in Lot 1 of Autumn Park 2nd Subdivision (Undeveloped Property West of 3720 West State Street) Tuesday, December 20, 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: December 20, 2005 Subject: Consideration of Vacation of all Public Utility Easements in Lot 1 of Autumn Park 2nd Subdivision (Undeveloped Property West of 3720 West State Street) Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background Vacation of easements requires council action through the passing of an ordinance. Discussion Autumn Park 2nd Subdivision was platted in 1996 west of the existing Autumn Park Apartments located at 3720 West State Street. Autumn Park 2nd Subdivision was never developed. The developer is requesting the easements that are part of the Autumn Park 2nd Subdivision be vacated since the development plan for Autumn Park 3rd Subdivision will have utilities in different locations. Autumn Park 3rd dedicates all of the needed public utility easements needed for the development. Autumn Park 3rd Subdivision will be considered by the council under a separate council agenda item. 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 ordinance vacating the Utility Easement. 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 ordinance for the vacation of the easement. Sample Motion Move to approve the vacation of the Utility Easement. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney ORDINANCE NO. 9021 An ordinance to vacate all the easements located in Autumn Park Second Subdivision in the City of Grand Island, Hall County, Nebraska; to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That the existing easements located in Autumn Park Second Subdivision in the City of Grand Island, Hall County, Nebraska, as shaded and identified in the plat dated December 12, 2005, marked Exhibit "A" attached hereto and incorporated herein by reference, are hereby vacated. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. * This Space Reserved for Register of Deeds * ORDINANCE NO. 9021 (Cont.) - 2 - SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, without the plat, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: December 20, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9022 - Consideration of Change of Zoning for Land Proposed for Platting as Autumn Park Third Addition from RD Residential Development to Amended RD Residential Development This item relates to the aforementioned Public Hearing Item E-2. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney ORDINANCE NO. 9022 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of Autumn Park Second Subdivision and a portion of the Southeast Quarter of the Northwest Quarter, all located within the Southeast Quarter of the Northwest Quarter of Section 12, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, from RD- Residential Development Zone to Amended RD-Residential Development Zone; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-44; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on December 7, 2005, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on December 20, 2005, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed from RD-Residential Development Zone to Amended RD-Residential Development Zone to allow for construction of revised Phases II and III of Autumn Park Apartments previously approved: ORDINANCE NO. 9022 (Cont.) - 2 - Beginning a found 1/2" pipe, being the southeast corner of Autumn Park Second Subdivision or the southwest corner of Lot 1, Autumn Park Subdivision in the City of Grand Island, all located in the Southeast Quarter of the Northwest Quarter of Section 12, Township 11 North, Range 10 West of the Sixth Principal Meridian, Hall County, Nebraska and also said point is on the north right-of-way line of State Street; thence N89º58'26"W, (an assumed bearing) and on the south line of the Northwest Quarter of said Section 12 and the Autumn Park Second Subdivision or the north right-of-way line of said State Street, a distance of 510.66 feet to a set 5/8"x24" rebar with cap, being a point on the east right-of-way line of Ebony Lane; thence N00º38'33"W, and on the east right-of-way line of Ebony Lane, a distance of 115.75 feet to a found 1/2" pipe; thence N89º11'24"E, a distance of 60.06 feet to a found 1/2" pipe, being a point on the east right-of-way line of said Ebony Lane; thence N00º35'05"W, a distance of 930.67 feet to a found 1/2"pipe; thence N89º23'18"E, and on the north line of said Autumn Park Second Subdivision, a distance of 635.60 feet to a found 1/2" pipe, being the northeast corner of said Autumn Park Second Subdivision or the northwest corner of Lot 1 of said Autumn Park Subdivision; thence S00º35'19"E, and on the east line of said Autumn Park Second Subdivision or the west line of Lot 1 of said Autumn Park Subdivision, a distance of 946.08 feet to a found 1/2" pipe, being the east-southeast corner of said Autumn Park Second Subdivision; thence S89º23'01"W, and on the south line of said Autumn Park Second Subdivision or the north line of Lot 1 of said Autumn Park Subdivision, a distance of 124.89 feet to a found 1/2" pipe; thence S00º34'08"E, and on the east line of said Autumn Park Second Subdivision or the west line of Lot 1 of said Autumn Park Subdivision, a distance of 106.01 feet to the point of beginning and containing a calculated area of 654,050.63 square feet or 15.015 acres, more or less; SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 9022 (Cont.) - 3 - Enacted: December 20, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of December 6, 2005 City Council Regular Meeting The Minutes of December 6, 2005 City Council Regular Meeting are submitted for approval. See attached Minutes. Tuesday, December 20, 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 December 6, 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 December 6, 2005. Notice of the meeting was given in the Grand Island Independent on November 30, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Pauly, Hornady, Walker, and Haase. Councilmember Nickerson 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. INVOCATION was given by Father Richard Piontkowski, St. Mary’s Catholic Church, 204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek thanked Jason and Barbara Carter for donating this year’s Christmas Tree. Olivia Exstrum from Wasmer Elementary School read her essay on “Good Reasons to Live in Grand Island”. Also present were Mrs. Susan Francis, 5th Grade Teacher from Wasmer Elementary School, parents Brian and Amy Exstrum, and brother Charlie. Councilmember Pielstick extended an invitation to the public for the Grand Generation Senior Center open house to be held on Sunday, December 11, 2005. CITY COUNCIL REORGANIZATION: Approving Minutes of November 22, 2005 City Council Regular Meeting. Motion by Hornady, second by Walker, carried unanimously to approve. Election of City Council President. Mayor Vavricek reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Councilmember Pielstick nominated Councilmember Meyer. Councilmember Cornelius nominated Councilmember Hornady. Motion by Whitesides, second by Gilbert that nominations cease. Upon roll call vote, all voted aye. Motion adopted. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Hornady had received 5 votes and Councilmember Meyer had received 4 votes. Mayor Vavricek declared Councilmember Hornady the Council President for 2006. Page 2, City Council Regular Meeting, December 6, 2005 Motion was made by Whitesides, second by Gilbert to make the vote a unanimous one for Councilmember Hornady as City Council President. Upon roll call vote, all voted aye. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request of Rod Hooker with Hooker Brothers Construction Company for a Conditional Use Permit for Sand & Gravel Operation Located within the 500 Block of South Gunbarrel Road on the N1/2 of the SW1/4 and NW1/4 of the SE1/4 of Section 18-11-8 Merrick County. Craig Lewis, Building Department Director reported that Rod Hooker from Hooker Brothers Construction requested a conditional use permit for the above referenced location in Merrick County and within the City of Grand Island’s two mile jurisdiction. Mr. Lewis recommended approval with the following conditions: 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. 2). CLOSURE: A drawing of the proposed development of the property after the closing of the sand and gravel operation has been provided along with the application. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line shall be maintained between the pumping operations. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours (15) minutes before sunrise and (15) minutes after sunset Mondays through Saturdays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Two exceptions to this condition shall be in the months of March, April, October, and November activities may operate from 6:00a.m. to 10:00p.m.to allow for winter condition. The second exception shall be that trucking of the product shall be allowed on Sundays from 7:00 a.m. to 12:00 noon to allow for contracted sales. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. No product, material or equipment shall be stored within any easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code. (f). All dead trees, rubbish, and debris, if any must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. Page 3, City Council Regular Meeting, December 6, 2005 (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. (j). Applicant shall not permit the hauling of sand and gravel form the premises and over and across any public highway or road unless said sand and gravel is complete dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall begin the mining operation within a period of 18 months from the issuance of this permit or if the applicant fail to begin operations within the 18 months the permit shall be considered null and void and subject to reapplication and rehearing. Additionally if at anytime during the life of the permit issued the operation shall cease for a period of a continuous 18 months the permit shall become void and a renewal shall be obtained before becoming once again operational. Jeff Hooker, 3615 Palomino Place and Rod Hooker, representing Hooker Brothers Sand & Gravel spoke in support. Chuck Witter, 333 Gunbarrel Road, Bob Plummer, 535 Gunbarrel Road, and Cindy Pfeifer, 406 Gunbarrel Road spoke in opposition. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 3312 West Stolley Park Road. (Dinsy,LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 3312 West Stolley Park Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of this easement would be to place underground primary electrical cable and a pad-mounted transformer to provide electrical service to Dinsdale’s expanded body shop. No public testimony was heard. Public Hearing on Acquisition of Utility Easements Located a Along the West Line of the Parking Lot of Wal-Mart South – US Highway 34 and South Locust Street. (Wal-Mart Real Estate Business Trust and Wal-Mart Stores, Inc.) Gary Mader, Utilities Director reported that acquisition of two utility easements located along the west line of the parking lot of Wal-Mart South – US Highway 34 and South Locust Street were needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of this easement would be to place electrical cable and a pad-mounted transformer to provide service to a new fueling station. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 803 East 9th Street. (Starostka Group Unlimited, Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 803 East 9th Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of this easement would be to provide a clean bill of sale for the owner, the two feet on the east portion of the easement on Lot 3 would be vacated. To maintain 20 feet of total easement, a two foot Page 4, City Council Regular Meeting, December 6, 2005 easement would be dedicated from Lot 2 (803 East 9th Street). The overhead electrical line would remain in place with no changes. No public testimony was heard. Public Hearing on Community Development Block Grant Economic Development Project. Chad Nabity, Regional Planning Director reported that the City of Grand Island is requesting $255000 to $505,000 from the Nebraska Department of Economic Development of which $250,000 to $500,000 would be loaned to Project Cottonwood for activities associated with the start up of a transportation – logistics center. The remaining $5,000 would be retained by the City for audit and administrative expenses associated with the grant. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinance numbered: #9020 - Consideration of Vacating Utilities Easement Located at 805 East 9th Street – Starostka Group Unlimited, Inc. be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported Ordinance #9020 related to the previous public hearing regarding a utility easement located at 803 East 9th Street. Motion by Pielstick, second by Hornady to approve Ordinance #9020. City Clerk: Ordinance #9020 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9020 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9020 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Councilmember Appointments to the following Boards and Commissions: Building Code Advisory Board: Bob Meyer Business Improvement District #3: Fred Whitesides Business Improvement District #4: Fred Whitesides Business Improvement District #5: Jackie Pielstick City/County Communications/Civil Scott Walker, Don Pauly, Page 5, City Council Regular Meeting, December 6, 2005 Defense Committee: Bob Meyer City/County Efficiency Effectiveness: Margaret Hornady & Committee Mitch Nickerson Community Development Advisory Board: Jackie Pielstick Community Redevelopment Authority: Margaret Hornady Fire Station #1/Training: Bob Meyer GI Area Economic Development Corp. Peg Gilbert Humane Society: Bob Meyer & Don Pauly Library Board: Margaret Hornady Library Facility Committee: Margaret Hornady Multi-Cultural Coalition: Carole Cornelius Problem Resolution Team: Jackie Pielstick Regional Planning Commission: Joyce Haase & Mitch Nickerson Systems Information Advisory Committee (City/County) Mitch Nickerson Transportation Committee: Don Pauly Approving the Appointments of Larry Seney, Elio Castillo, Bob Bennett, and Bob Ranard to the Electrical Board and Dean Mathis and Craig Lewis as Ex-Officio Members. Approving the Re-Appointments of Norm Nietfeldt, Mike McElroy, Loren Peterson to the Gas Fitters and Appliance Installers Board and David Scoggins and Craig Lewis as Ex-Officio Members. Approving the Re-Appointments of Larry Callahan, Eric Rose, Robert Luther, and Jennifer Herman to the Plumbers Examining Board and David Scoggins as Ex-Officio Member. Approving Re-Appointment of Kurt Haecker to the City/County Efficiency Effectiveness Committee. #2005-338 – Approving Bid Award for One (1) 2006 Ford E-450 Type III, Class 1 Ambulance with Midwest Vehicle Professionals, Inc. of York, Nebraska in an Amount of $133,953.00. #2005-339 – Approving Acquisition of Utility Easement Located at 3312 West Stolley Park Road. (Dinsy, LLC) #2005-340 – Approving Acquisition of Utility Easements Located Along the West Line of the Parking Lot of Wal-Mart South – US Highway 34 and South Locust Street. (Wal-Mart Real Estate Business Trust and Wal-Mart Stores, Inc.) #2005-341 – Approving Acquisition of Utility Easement Located at 803 East 9th Street. (Starostka Group Unlimited, Inc.) #2005-342 – Approving Safety Glass Contract for Utilities, Public Works and Parks and Recreation departments for 2006-2008 with Eyecare Professionals/Grand Island Optical of Grand Island, Nebraska. Page 6, City Council Regular Meeting, December 6, 2005 #2005-343 – Approving FTE Amendment. #2005-344 – Approving Community Development Block Grant Economic Development Project. #2005-345 – Approving Change Order No. 1 for Sanitary Sewer Project 2004-S-12; Heartland Events Center at Fonner Park with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $6,500.67 and a Revised Contract Amount of $71,450.77. #2005-346 – Approving Certificate of Final Completion for Sanitary Sewer Project 2004-S-12; Heartland Events Center at Fonner Park with The Diamond Engineering Company of Grand Island, Nebraska. #2005-347 – Approving Bid Award for One (1) 26,000 GVW Salt/Sand Truck with Hansen International Truck, Inc. of Grand Island, Nebraska in an Amount of $49,634.75. REQUESTS AND REFERRALS: Consideration of Request from Rod Hooker of Hooker Brothers Construction for Conditional Use Permit for Sand & Gravel Operation Along Gunbarrel Road. Discussion was held by Council regarding the hours of operation, location of operation which will start on the east end of the property and work their way west, traffic concerns, and the time frame this sand and gravel operation would be used. Mr. Hooker stated they were looking at a 15 to 20 year operation possibly longer depending on the supply of gravel in the area. Motion by Pielstick, second by Gilbert to approve the request from Hooker Brother Construction for a Conditional Use Permit along Gunbarrel Road. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Whitesides to approve the Claims for the period of November 23, 2005 through December 6, 2005, for a total amount of $4,307,601.74. Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of December 13, 2005 City Council Study Session The Minutes of December 13, 2005 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, December 20, 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 STUDY SESSION December 13, 2005 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on December 13, 2005. Notice of the meeting was given in the Grand Island Independent on December 7, 2005. Mayor Jay Vavricek 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. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, City Attorney Doug Walker, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Paul Hofrichter, Evangelical Free Church, 2609 South Blaine Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek asked the Council for direction for the 2006 City Council Retreat which would be held either January 28, 2006 or February 11, 2006. Pandemic Flu Presentation by the Health Department. Teresa Anderson, Executive Director from the Central District Health Department presented information on pandemic flu. Pandemic flu was explained as a worldwide outbreak of disease caused by a new flu virus. Past flu pandemics have led to high levels of illness, death, social disruption, and economic loss. Mentioned was a new virus that started about two years ago in Southeast Asia which started in birds, thus the name “Bird Flu”. This virus is affecting young people in their 20’s thru 40’s. Currently there is no vaccine but they are working on it. Respiratory complications have been seen in those affected with the bird flu. The bird flu started in domestic birds and has since spread to wild flocks. These flocks are being monitored. The virus has spread from birds to humans, but has not spread from humans to humans yet. If it does, this could be a pandemic situation. The incubation period could be from 3 to 5 days. The Health Department feels it’s important to educate the public and encourages the public to live a healthy life. Ways to stop germs from spreading would be to cover your mouth and nose with tissue when coughing and sneezing, wash your hands often, and stay home when you’re sick. Ms. Anderson explained the Table Top exercise that took place this week. Representatives at the exercise talked about quarantine and isolation issues during a pandemic flu. Page 2, City Council Study Session, December 13, 2005 Ryan King, Executive Director of the Central District Health Department mentioned work being done by the Game and Parks Commission who were monitoring birds in this area. Mr. King reported what had been done by the Health Department. They were monitoring viruses by checking with the schools, State of Nebraska, other health departments, and St. Francis Medical Center. Presented to the Council was a draft copy of the Prevention of Spread of Communicable Disease, Illness, or Poisoning. This policy wo uld need to be reviewed and brought back to Council for approval. Mr. King explained the difference between quarantine and isolation. Quarantined was putting restrictions upon people who had been exposed whereas isolation was for a person who had been exposed to the virus and keeping them away from other people so it wouldn’t spread. Lela Lowry, Emergency Management Director explained the procedure if a quarantine were needed. The Health Department would be the Incident Commander with law enforcement enforcing the quarantine. The Mayor would designate if it was an emergency. Mayor Vavricek commented on the efforts of Homeland Security. City Administrator Gary Greer commented on the table top exercise and the importance of sharing ideas and working together. Mike Gloor, St. Francis Medical Center commented on the seriousness of this issue but that it probably would not happen in the near future. Mentioned were challenges a pandemic would force on each entity within the city. ADJOURNMENT: The meeting was adjourned at 8:05 p.m. RaNae Edwards City Clerk Item G3 Approving Appointments to the Business Improvement District #5 Board The Mayor has submitted the re-appointments of Vic Aufdemberge, George Bartenbach, Jim Berglund, and Matthew Armstrong to Business Improvement District #5 Board. These appointments would become effective January 1, 2006, upon approval by City Council and would expire on December 31, 2008. Approval is recommended. The Mayor also has submitted the appointment of Joan Dillenbach to complete the term of Steve Poppe who has resigned to Business Improvement District #5 Board. This appointment would become effective immediately, upon approval by City Council and would expire on December 31, 2008. Approval is recommended. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Nickie Kallos, Jr., 1704 East 7th Street for Liquor Manager Designation for Club 69, 106 East 3rd Street Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: December 20, 2005 Subject: Request of Nickie Kallos, Jr., 1704 East 7th Street for Liquor Manager Designation for Club 69, 106 East Third Street Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Nickie Kallos, Jr., 1704 East 7th Street has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “C-70885” Liquor License for Club 69, 106 East Third Street. This application ha s been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Nickie Kallos, Jr., 1704 East 7th Street for Liquor Manager Designation in conjunction with the Class “C-70885” Liquor License for Club 69, 106 East Third Street. Item G5 Approving Preliminary Plat for Autumn Park Third Subdivision Tuesday, December 20, 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: December 20, 2005 Subject: Autumn Park Third Subdivision - Preliminary Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 25 lots on a parcel of land located in the SE ¼ 12-11- 10. This land consists of approximately 15.015 acres. Discussion The Autumn Park Subdivision was originally approved in 1995 with 432 units of apartments. The first 144 apartments were built upon approval. The second phase of the project was approved in 1996 and was not ever completed. M. Timm Development the owner of the project is seeking approval for an amended project similar to the original design. The amend plan proposed 16 unit buildings instead of 12 unit buildings. They are not proposing to increase the number of units. Phase two and three of this project would still include an additional 288 units. They will also include a club house, swimming pool and playground that was not in the original plan. The developers will be extending city water and sewer to all of their buildings. They will be connecting the driveway on the west side of the project with at the beginning of the second phase of the development. This will give residents and emergency vehicles two ways to enter and exit the property. This proposal will also improve the circulation between the first phase of the development and the second and third phases. It allows for a better parking ratio, more greenspace and less impervious surface area. If the rezoning is approved this plat must also be approved. Any discussion on the plat should be included with discussion of the rezoning. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the preliminary plat as presented 2. Modify the preliminary plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Haskins 2nd by Miller to approve the preliminary plat as presented. A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes) voting in favor. Sample Motion Approve the Preliminary Plat for Autumn Park Third as presented. Item G6 #2005-348 - Approving Final Plat and Subdivision Agreement for Autumn Park Third Subdivision Tuesday, December 20, 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: December 20, 2005 Subject: Autumn Park Third - Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 25 lots on a parcel of land located in the SE ¼ 12-11- 10. This land consists of approximately 15.015 acres. Discussion The Autumn Park Subdivision was originally approved in 1995 with 432 units of apartments. The first 144 apartments were built upon approval. The second phase of the project was approved in 1996 and was not ever completed. M. Timm Development the owner of the project is seeking approval for an amended project similar to the original design. The amend plan proposed 16 unit buildings instead of 12 unit buildings. They are not proposing to increase the number of units. Phase two and three of this project would still include an additional 288 units. They will also include a club house, swimming pool and playground that was not in the original plan. The developers will be extending city water and sewer to all of their buildings. They will be connecting the driveway on the west side of the project with at the beginning of the second phase of the development. This will give residents and emergency vehicles two ways to enter and exit the property. This proposal will also improve the circulation between the first phase of the development and the second and third phases. It allows for a better parking ratio, more greenspace and less impervious surface area. If the rezoning is approved this plat must also be approved. Any discussion on the plat should be included with discussion of the rezoning. 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 Haskins 2nd by Miller to approve the final plat as presented. A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, Reynolds, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes) voting in favor. Sample Motion Approve the Final Plat for Autumn Park Third as presented. Approv ed as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-348 WHEREAS, Milan E. Timm, an unmarried individual, as owner, has caused to be laid out into lots, a tract of land of Autumn Park Second Subdivision to the City of Grand Island and a portion of the Southeast Quarter of the Northwest Quarter, all located within the Southeast Quarter of the Northwest Quarter of Section 12, Township 11 North, Range 10 West of the Sixth P.M., Hall County, Nebraska, under the name of AUTUMN PARK THIRD SUBDIVISION, and has caused a plat thereof to be acknowledged by him; 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 AUTUMN PARK THIRD 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, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G7 #2005-349 - Approving Intent to Annex Land Located South of Old Potash Highway and East of Engleman Road and Schedule Public Hearing Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: December 20, 2005 Subject: Annexation of Property Adjacent to City Limits per Owners Request Item #’s: G-7 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located south of Old Potash Highway and east of Engleman Road. The owners of this property are anticipating development of the property and requesting that the city bring it into the corporate limits. This property is surrounded by the Grand Island Municipal limits on all sides. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the schedule set out when this matter was referred to the Regional Planning Commission for recommendation. The second action in this process for Council is to pass a resolution stating their intent to annex, approve an annexation plan and set public hearing for comment on the annexation request before council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for January 24, 2006. 2. Choose not to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation for January 24, 2005. 3. Modify the resolution of intent to annex, the attached annexation plan, and/or the public hearing date. 4. Table the issue Recommendation City Administration recommends that the Council Approve the resolution of intent to annex, the attached annexation plan, and set public hearing on annexation for January 24, 2006. Sample Motion Approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation requests for January 24, 2006. ANNEXATION PLAN –November 2005 November 14, 2005 OVERVIEW Section 16-117 of The Nebraska State Statute allows municipalities of the first class to annex any contiguous or adjacent lands, lots, tracts, streets, or highways that are urban or suburban in character and in such direction as may be deemed proper. Regulations governing municipal annexation were implemented in order to develop an equitable system for adding to and increasing city boundaries as urban growth occurs. Areas of the community that are urban in nature, and are contiguous to existing boundaries, are appropriate for consideration of annexation. Annexation of urban areas adjacent to existing city boundaries can be driven by many factors. The following are reasons annexation should be considered: 1. Governing urban areas with the statutorily created urban form of government, municipalities have historically been charged with meeting the needs of the expanded community. 2. Provide municipal services. Municipalities are created to provide the governmental services essential for sound urban development and for the protection of health, safety and well being of residents in areas that are used primarily for residential, industrial, and commercial purposes. 3. Ensure orderly growth pursuant to land use, building, street, sidewalk, sanitary sewer, storm sewer, water, and electrical services. 4. Provide more equitable taxation to existing property owners for the urban services and facilities that non-city residents in proposed annexation areas use on a regular basis such as parks, streets, public infrastructure, emergency services, retail businesses and associated support. 5. Ensure ability to impose and consistently enforce planning processes and policies. 6. Address housing standards and code compliance to positively impact quality of life for residents. 7. Enable residents of urban areas adjacent to city to participate in municipal issues, including elections that either do or will have an impact on their properties. 8. Anticipate and allocate resources for infrastructure improvements. Specifically, changes in October, 1999 to Nebraska Department of Environmental Quality Regulation Title 124 concerning on site waste water treatment systems impacts new and replacement private septic systems. 9. Assist in population growth to enable community to reach Community Development Block Grant entitlement status – 50,000. Entitlement communities automatically receive Community Development block grant dollars; no competitive process required. 10. Increase number of street or lane miles while increasing gas tax dollars received from the Nebraska Department of Roads. 11. Provide long term visioning abilities as it relates to growth and provision of services. Other Factors Annexation of adjacent properties can also be considered upon the request of the owner(s) of the property. Glenwood Hargens has requested that the City annex his property in the NW ¼ of 23-11-10. It is anticipated that this property will develop for residential purposes in the near future. The proposed developer, Copper Creek Estates LLC, has also submitted a request for annexation of this property. A comprehensive inventory of services and facilities, relative to the types and level of services currently being provided as well as the types of level of services anticipated as a result of annexation, has been developed. The inventory includes general information concerning: · Existing infrastructure in affected area(s) · Summary of expenditures to extend existing infrastructure · Summary of operating expenditures associated with increased services · Emergency services The service plan incorporates detailed elements of the inventory. The inventory and resulting service plan should be the basis for discussions concerning each specific area identified for potential annexation. It should be noted that the capital improvements to existing infrastructure and extending services will take place over a period of time in order to ensure adequate time for planning, designing, funding and constructing such a sizable number of projects while protecting the financial integrity of the City’s enterprise funds. The service plan provides for extending the trunk water and sanitary sewer lines to the annexed area. Individual property owners will be responsible for the cost of extending services through neighborhoods and for connecting their properties to the public systems. General Description of the Property This property is the located in the western part of the community. It is south of Old Potash Highway and west of Engleman Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. The property is currently being farmed. There are no structures on the property. The proximity to the existing city limits and municipal infrastructure makes this property suburban in character and ready for development. INVENTORY OF SERVICES 1. Police Protection. The City of Grand Island Police Department will provide protection and law enforcement services in the annexation area. These services include: · Normal patrols and responses · Handling of complaints and incident reports · Investigation of crimes · Standard speed and traffic enforcement · Special units such as traffic enforcement, criminal investigations, narcotics, and gang suppression These services are provided, on a city-wide basis, by over 89.75 employees. The Police Department is staffed at a rate of 1.72 officers per one thousand population. No additional officers will be necessary to maintain this ratio if all proposed area is annexed. 2. Fire Protection. The City of Grand Island Fire Department will provide emergency and fire prevention services in the annexation area. These services include: · Fire suppression and rescue · Hazardous materials incident response · Periodic inspections of commercial properties · Public safety education These services are provided, on a city-wide basis, by 69 employees operating from four fire stations. The nearest fire station is Station #4 located on State Street east of North Road. 3. Emergency Medical Services. The City of Grand Island is the current provider of local emergency medical services in the city and will provide this service in the annexed area. · Emergency medical and ambulance services · Emergency dispatch (provided by the City/County Emergency Management Department) The City of Grand Island Fire Department provides these services, on a city-wide basis. Fire personnel are emergency medical technicians and 27 are certified paramedics. 4. Wastewater (Sanitary Sewer). The City of Grand Island will provide sanitary sewer services in the area through existing sewer lines. No city costs would be anticipated. The developers are proposing to extend the sewer line along the south side of Old Potash Highway from North Road. 5. Maintenance of Roads and Streets. The City of Grand Island, Public Works Department, will maintain public streets over which the City has jurisdiction. These services include: · Snow and ice removal · Emergency pavement repair · Preventative street maintenance · Asphalt resurfacing · Ditch and drainage maintenance · Sign and signal maintenance · Asphalt resurfacing Portions of Old Potash Highway are already maintained by the City of Grand Island 6. Electric Utilities. This Annexation area is currently provided electrical services by the City of Grand Island. The services appear adequate to meet the needs of the area. These services include: · Electric utility services · Street lights 7. Water Utilities. The City of Grand Island, Utilities Department, currently maintains the water utilities services for the proposed annexation area. 8. Maintenance of Parks, Playgrounds, and Swimming Pools No impact is anticipated as a result of annexation. Recreation facilities and area amenities, including parks and pools, that are privately owned and operated, or operated and maintained by another governmental entity, will be unaffected by the annexation. 9. Building Regulations. The City of Grand Island, Building Department, will oversee services associated with building regulations, including: · Commercial Building Plan Review · Residential Building Plan Review · Building Permit Inspections and Issuance · Investigation of complaints relative to Minimum Housing Standards · Regulation of Manufactured Home Parks · Investigation of Illegal Business Complaints · Investigation and Enforcement of Zoning Violations 10. Code Compliance. The City of Grand Island’s Legal Department and Code Compliance division will continue to provide the following services associated with enforcing compliance with the City Code: · Enforcement Proceedings for Liquor and Food Establishment Violations · Investigation and Enforcement of Complaints Regarding Junked Vehicles and Vehicle Parts, Garbage, Refuse and Litter · Investigation of Enforcement of Complaints Regarding Weed and Animal Violations Providing Enforcement Support to Other Departments for City Code and Regulatory Violations 11. Other City Services. All other City Departments with jurisdiction in the area will provide services according to city policies and procedures. Summary of Impacts Police Protection No Impact Fire Protection No Impact Emergency Medical Services No Impact Wastewater Available Roads and Streets No Impact Electric Service Already in GI Service Area Water Service Available Parks, Playgrounds and Swimming Pools No Impact Building Regulations Already Subject to GI Regulations Code Compliance Already Subject to GI Regulations Other No Impact School District In Cedar Hollow/Northwest School District Financial Impacts of Capital Avenue Properties Annexation Financial Impact Before Annex After Annex Property Valuation $235,839 $235,839 City sales tax now applicable none 1.5% Assume $235,839Value 2004 City property taxes 0 0.250001/$589.60. Community Redevelopment Authority 0 0.024287/$57.28 Rural fire services 0.06034/$142.31 0/$0 Fire Bond 0.014679/$34.62 0.014679/$34.62* Cedar Hollow to GIPS 1.120223/$2641.92 1.075781/$2537.11 CH Bond 0.076716/$180.93 0.076716/$180.93* NW Bond 0.067911/$160.16 0.067911/$160.16* Hall County, ESU, Community College, NRD and other levies will not change. Total property tax levy 1.880403/$4434.72 2.041857/$4834.48 Depending on development these properties will connect to city water and sewer services and ge nerate revenue for those enterprise funds based on the rate structure and usage. *previously approved bonds will remain with property until paid off Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-349 WHEREAS, the City of Grand Island, in accordance with Neb. Rev. Stat. §16-117, et seq., is considering the annexation of the land and a plan for extending city services to the adjacent and contiguous land which are urban or suburban in character and legally described as follows and containing approximately 149.6 acres, as shown on Exhibit A attached hereto and incorporated herein by this reference: A tract of land comprising the Northwest Quarter (NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska; excepting therefrom: 1. All of M and M Subdivision, located in part of the Northwest Quarter of the Northwest Quarter (NW1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. 2. All of Meyer's Subdivision, located in part of the Northeast Quarter of the Northwest Quarter (NE1/4, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. 3. The easterly Thirty Five (35.0) feet of the East Half of the East Half of the Northwest Quarter (E1/2, E1/2, NW1/4) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a plan outlining the city services available to the above-described land and showing or including: (a) the estimated cost impact of providing the services to such land, (b) the method by which the city is financing the extension of services to the land and how services already provided will be maintained, (c) maps drawn to scale clearly delineating the land proposed for annexation, (d) maps showing the current boundaries of the city, (e) maps showing the proposed boundaries of the City after the annexation, and (f) maps showing the general land-use pattern in the land proposed for annexation is hereby adopted and approved and shall be available for inspection during regular business hours in the office of the City Clerk. BE IT FURTHER RESOLVED, that a public hearing before the Mayor and City Council on the proposed annexation shall be held at 7:00 p.m. on January 24, 2006, or as soon thereafter as the matter may be heard, in the Council Chambers at City Hall, 100 East First Street, Grand Island, Nebraska, to receive testimony from interested persons. - 2 - BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to publish in the Grand Island Independent at least once, not less than ten days preceding the date of the public hearing, a copy of this Resolution and a map drawn to scale delineating the land proposed for annexation. BE IT FURTHER RESOLVED, that the City Clerk be, and hereby is, authorized and directed to send by first-class mail, a copy of the resolution providing for the public hearing to the school boards of the school districts including the lands proposed for annexation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G8 #2005-350 - Approving Acquisition of Utility Easement - 1932 Aspen Circle - Northstar Plaza, LLC This item relates to the aforementioned Public Hearing Item E-3. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-350 WHEREAS, a public utility easement is required by the City of Grand Island, from Northstar Plaza, LLC, a Nebraska limited liability company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on December 20, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1) Kaaar Subdivision in the city of Grand Island, Hall County, Nebraska, the centerline of the twenty (20.0) foot wide easement and right-of-way being more particularly described as follows: Commencing at the southwest corner of Lot One (1) Kaaar Subdivision; thence easterly along the southerly line of said Lot One (1), a distance of sixty four (64.0) feet to the ACTUAL point of beginning; thence northerly parallel with the westerly line of said Lot One (1), a distance of seventy five (75.0) feet. The above-described easement and right-of-way containing 0.034 acres, more or less, as shown on the plat dated November 28, 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 Northstar, LLC, a Nebraska limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-351 - Approving Bid Award - 700 Horsepower Motor Repair - Platte Generating Station, Utilities Department Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: December 20, 2005 Subject: 700 Horsepower Motor Repair Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background The Platte Generating Station has two circulating water pumps that pump cooling water between the cooling tower and the main condenser. The use of one pump is required to operate the plant during the cold weather months and both pumps are required for operation during warmer weather, generally April to October. One of the circulating water pump motors recently failed. The 700 HP motor was disassembled and inspected, and a repair specification was prepared. The specification requires that the bidders provide a price to rewind the motor, which is a normal motor repair, and then provide price quotes if more extensive repairs are required. Discussion The specifications for the 700 HP Motor Repair were issued for bid and responses were received from the following bidders. The Engineer’s estimate for this project was $75,000.00. Bidder Bid Price General Electric Co. - Fenton, MO $82,048.00 Hupp Electric Motors – Cedar Rapid, IA $66,894.54 Rocky Mountain Electric Motors – Grand Junction, CO $36,065.18 Wood Group Generator & Motor Services – Farmington, NM $85,328.00 Rocky Mountain Electric Motors took exception to the specification requirement to furnish new steel laminations in the motor core. They propose to reuse the old laminations by cleaning and recoating them. This does not meet the specification, therefore, Rocky Mountain was eliminated from consideration as non-compliant. Hupp Electric did not include sales tax in their bid. Sales tax of $3,679.20 was added to their bid for a total price of $70,573.74. Of the remaining compliant bidders, Hupp Electric Motors provided the lowest price. Hupp also offered a three-year warranty, which is the best warranty of the three bidders. The plant staff recommends that the award be made to Hupp Electric. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve bid award to Hupp Electric Motors for the 700 HP Motor Repair. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. Recommendation City Administration recommends that the Council award the bid to Hupp Electric Motors from Cedar Rapids, Iowa, as the low responsive bidder, at an adjusted bid price of $70,573.74. Sample Motion Motion to approve award of 700 HP Motor Repair to Hupp Electric Motors in the amount of $70,573.74. 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: December 13, 2005 at 11:00 a.m. FOR: 700 HP Motor Repair DEPARTMENT: Utilities ESTIMATE: $75,000.00 FUND/ACCOUNT: E520 PUBLICATION DATE: December 3, 2005 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Rocky Mountain Electric Motors, Inc. Woods Group Generator Service Grand Junction, CO Farmington, NM Bid Security: $1,550.00 $5,000.00 Exceptions: Noted Noted Base Bid Price: $22,181.38 $27,671.00 Options: #1 $11,077.50 $46,484.00 #2 $ 590.80 $ 1,899.00 #3 $ 2,215.50u $ 9,274.00 Total $36,065.18 $85,328.00 Bidder: GE Energy Services Hupp Electric Motors Fenton, MO Cedar Rapids, IA Bid Security: Safeco Insurance Co. 3,345.00 Exceptions: Noted None Base Bid Price: $37,901.00 $21,714.54 Options: #1 $27,289.00 $42,250.00 #2 $ 2,526.00 $ 500.00 #3 $14,332.00 $ 2,430.00 Total: $82,048.00 $66,894.54 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Karen Nagel, Utilities Secretary Pat Gericke, Admin. Asst. Utilities Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1044 Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-351 WHEREAS, the City of Grand Island invited sealed bids for 700 HP Motor Repair, according to specifications on file at the Platte Generating Station; and WHEREAS, on November 13, 2005, bids were received, opened and reviewed; and WHEREAS, Hupp Electric Motors of Cedar Rapids, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the adjusted amount of $70,573.74; and WHEREAS, such bid is below the estimate for such work. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hupp Electric Motors of Cedar Rapids, Iowa, in the adjusted amount of $70,573.74 for the repair of a 700 HP motor is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-352 - Approving Engineering Services Contracts - Utilities Department Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: December 20, 2005 Subject: Engineering Services Agreements – Utilities Department Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department utilizes the services of engineering firms for a variety of projects related to the electric and water utilities. For major projects (like the combustion turbines, transmission line reconstruction, water twenty year study, etc.) the Department utilizes the Request for Proposals provisions as included in the City Purchasing Code. However, the Utilities Department also utilizes engineering services for much smaller projects. These small projects are done in accordance with the Purchase Order and Price Quotes provisions of the Purchasing Code. The types of small projects for which engineering services may be used include; ü High Pressure Pipe Supports – the main steam lines at PGS operate at 1000o Fahrenheit and 1800 psi. Because of the thermal expansion issues, the support systems for these lines require specialty engineering and design. Recently, one of the pipe supports on the main steam line failed. After 25 years of plant operation, this critical system was evaluated. ü Superheater Engineering Evaluation – the superheater is a boiler component that sees the most severe operating conditions. It is not unusual for these components to be replaced during the operating life of a power plant boiler. Engineering analysis can indicate the present condition of the superheater and project remaining life, allowing scheduling of this major component replacement if/when necessary. Other small projects for which engineering services may be required include feedwater heater performance, and water reservoir pump performance. This approach of soliciting price quotes for smaller project engineering services has worked satisfactorily until recently. The Department is finding that engineering firms are increasingly reluctant to provide even small project quotes for services without a contract. In discussing this issue with the Legal Department, this is an overall trend in business; where less and less work is done without a document to define the basic obligations and limits of liability of the parties. Two of the firms with which the Department has worked over the years have requested the execution of a service agreement. Others will likely follow in the future. Discussion In order to maintain the ready access to engineering assistance for small projects, a standard contract for that service can be put in place with firms with whom the Department has worked satisfactorily in the past. Proposed agreements with the firms of Sargent and Lundy (the engineering firm for the Combustion Turbine project) and Black and Veatch (power plant controls replacement) are attached. The Legal Department has reviewed the proposed service agreements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Engineering Service Agreements from Black & Veatch and Sargent & Lundy. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue presented in this motion. Recommendation City Administration recommends that the Council approve the Engineering Services Agreements for the Utilities Department with Black & Veatch of Kansas City, Missouri and Sargent & Lundy of Chicago, Illinois. The Purchase Order and Price Quote provisions of the City Purchasing Code will continue to be used to set costs and obtain competitive pricing for smaller engineering service needs. Sample Motion Motion to approve the Engineering Services Agreements for the Utilities Department with Black & Veatch of Kansas City, Missouri and Sargent & Lundy of Chicago, Illinois. Agreement for General Engineering Services Between The City of Grand Island And Black & Veatch November 2005 Contents Article 1 – Effective Date Article 2 – Governing Law Article 3 – Services to be performed by Engineer Article 4 – Compensation Article 5 – Owner’s Responsibilities Article 6- Changes Article 7 – Standard of Care Article 8 – Liability and indemnification Article 9 – Insurance Article 10 – Limitation of Responsibility Article 11 – Opinions of Cost and Schedule Article 12 – Reuse of Documents Article 13 – Termination Article 14 – Delay in performance Article 15 – Communications Article 16 – Waiver Article 17 – Severability Article 18 – Integration Article 19 – Successors and Assigns Article 20 – Assignment Article 21 – Third Party Rights Article 22- Limitations Agreement For General Engineering Services THIS AGREEMENT, between THE CITY OF GRAND ISLAND (Owner) and BLACK & VEATCH CORPORATION (Engineer); Witnesseth: WHEREAS, Owner intends to make modifications to their existing power stations (the Project); and, WHEREAS, Owner requires certain engineering services in connection with the Project (the Services); and, WHEREAS, Engineer is prepared to provide the Services: NOW THEREFORE, in consideration of the promises contained in this Agreement, Owner and Engineer agree as follows: Article 1 – Effective Date The effective date of this Agreement shall be November 4, 2005. Article 2 – Governing Law This Agreement shall be governed by the laws of the State of Nebraska. Article 3 – Services to be performed by Engineer Engineer shall perform the Services described in Exhibit A, Scope of Services. Article 4 – Compensation Owner shall pay Engineer in accordance with Exhibit A, Compensation. The Schedule of Labor Rates included in Exhibit A shall be reviewed annually. Article 5 – Owner’s Responsibilities Owner shall issue a Purchase Order for the Services described in Exhibit A that contains the following paragraph: The work will be performed per Agreement for General Engineering Services dated November, 4 2005 and Exhibit A CGI-____, dated ____________. Owner shall be responsible for all matters as mutually agreed during project meetings. It is further agreed between the Parties that nothing contained in an individual Purchase Order shall modify or supersede the terms and conditions contained herein, Article 6- Changes It is the desire of the parties to keep changes in the scope of Services at a minimum. The parties recognize, however, that such changes may become necessary and agree that they shall be handled in accordance with this Article. Owner may initiate a change by advising Engineer in writing of the change believed to be necessary. As soon thereafter as practicable, Engineer shall prepare and forward to Owner a cost estimate of the change that shall include the adjustment to Engineer’s compensation, schedule of payments, project schedule, and completion date applicable thereto. Engineer shall be reimbursed for the costs incurred to prepare such estimate. Owner shall advise Engineer in writing of its approval or disapproval of the change. If Owner approves the change, Engineer shall perform the Services as changed. Engineer may initiate changes by advising Owner in writing that in Engineer's opinion a change is necessary. If Owner agrees, it shall advise Engineer and, thereafter, the change shall be handled as if initiated by Owner. Article 7 – Standard of Care Engineer shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional engineer under similar circumstances. If, during the one year period following completion of the Services under the applicable Request for Services, it is shown there is an error in the Services caused solely by Engineer’s failure to meet such standards and Owner has notified Engineer in writing of any such error within that Period, Engineer shall re-perform, at no additional cost to Owner, such Services within the original Scope of Services as may be necessary to remedy such error. Engineer shall have no liability for defects in the Services attributable to Engineer’s reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by Owner or third parties retained by Owner. The obligations and representations contained in this Article 7 are Engineer's sole warranty and guarantee obligations and Owner's exclusive remedy in respect of quality of the Services. Owner's failure to (a) properly operate and maintain the Facilities or (b) allow Engineer to promptly make such tests and perform such remedial services as Engineer may deem appropriate, shall relieve Engineer of its guarantee relative to such improper operation and maintenance or the subject of such test or service. EXCEPT AS PROVIDED IN THIS ARTICLE, ENGINEER MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO ENGINEER'S SERVICES AND ENGINEER DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Article 8 – Liability and Indemnification 8.1 General Having considered the potential liabilities that may exist during their performance of the Services, the benefits of the Project, and the Engineer’s fee for the Services, and in consideration of the promises contained in this Agreement, Owner and Engineer agree to allocate and limit such liabilities in accordance with this Article. 8.2 Indemnification Engineer and Owner each agrees to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses for bodily injury, death, or third party property damage to the extent caused by the indemnifying party’s negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Engineer and Owner, such liability shall be borne by each party in proportion to its own negligence. 8.3 Consequential Damages To the fullest extent permitted by law, Engineer shall not be liable to Owner for any loss of profits or revenue; loss of use; loss of opportunity; loss of goodwill; cost of substitute facilities, goods or services; cost of capital; cost of replacement power; governmental and regulatory sanctions; and claims of customers for such damages; or for any special, incidental, indirect or consequential damages resulting in any way from the performance of the Services. 8.4 Survival Upon completion of all Services, obligations, and duties provided for in this Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article shall survive. 8.5 Total Liability The total cumulative liability of Engineer and any of Engineer’s related companies to Owner for all claims, losses, damages, and expenses resulting in any way from the performance of this Agreement shall not be greater than three times the value of the compensation received by Engineer for each individual Purchase Order up to the sum of one million dollars ($1,000,000) per occurrence and the actual value thereafter. Article 9 - Insurance During the performance of the Services under this Agreement, Engineer shall maintain the following insurance: (1) General Liability Insurance, with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate. (2) Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. (3) Workers’ Compensation Insurance in accordance with statutory requirements and Employers’ Liability Insurance, with limits of $500,000 for each occurrence. (4) Professional Liability Insurance, with limits of $1,000,000 annual aggregate. Engineer shall, upon written request, furnish Owner certificates of insurance which shall include a provision that such insurance shall not be canceled without at least thirty days’ written notice to Owner. All Project contractors shall be required to include Owner and Engineer as additional insureds on their General Liability insurance policies. As between Engineer and Owner, Owner assumes sole responsibility and waives all rights and claims against Engineer for all loss of or damage to property owned by or in the custody of Owner and any items at the job site or in transit thereto (including, but not limited to, construction work in progress) however such loss or damage shall occur, including the fault or negligence of Engineer. Owner agrees to maintain appropriate property insurance and shall require its insurers to waive all rights of subrogation against Engineer for claims covered under any property insurance that Owner may carry. If Owner purchases, or causes a construction contractor to purchase, a builders- all risk or other property insurance policy for a project, Owner shall require that Engineer be included as a named insured on such policy without liability for the payment of premiums. Article 10 – Limitations of Responsibility Engineer shall not be responsible for: (1) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (2) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to Engineer, to fulfill contractual responsibilities to the Owner or to comply with federal, state, or local laws, regulations, and codes; or (3) procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Engineer in Attachment A, Scope of Services. Article 11 – Opinions of Cost and Schedule Since Engineer has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, Engineer’s opinion of probable costs and of Project schedules shall be made on the basis of experience and qualifications as a professional engineer. Engineer does not guarantee that proposals, bids, or actual Project costs will not vary from Engineer’s cost estimates or that actual schedules will not vary from Engineer’s projected schedules. Article 12 – Reuse of Documents All documents, including, but not limited to, drawings, specifications, and computer software prepared by Engineer pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse by Owner or others on extensions of the Project or on any other project. Any reuse without prior written verification or adaptation by Engineer for the specific purpose intended will be at Owner’s sole risk and without liability or legal exposure to Engineer. Owner shall defend, indemnify, and hold harmless Engineer against all claims, losses, damages, injuries, and expenses, including attorneys’ fees, arising out of or resulting from such reuse. Any verification or adaptation of documents will entitle Engineer to additional compensation at rates to be agreed upon by Owner and Engineer. Article 13 – Termination This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The nonperforming party shall have fifteen calendar days from the date of the termination notice to cure or to submit a plan for cure acceptable to the other party. Owner may terminate or suspend performance of this Agreement for Owner’s convenience upon written notice to Engineer. Engineer shall terminate or suspend performance of the Services on a schedule acceptable to Owner. If termination or suspension is for Owner’s convenience, Owner shall pay Engineer for all the Services performed and termination or suspension expenses. Upon restart, an equitable adjustment shall be made to Engineer’s compensation. Upon any such termination, Engineer shall be compensated for all costs incurred and compensation earned for Services then performed in accordance with the provisions of the applicable Purchase Order for Services. Article 14 – Delay in Performance Neither Owner nor Engineer shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, terrorism, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either Owner or Engineer under this Agreement. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Article 15 – Communications Any communication required by this Agreement shall be made in writing to the address specified below: Engineer: Black & Veatch P.O. Box 8405 Kansas City, Missouri 64114 Attn: Gary D. Morrow Vice President Owner: City of Grand Island Nebraska 110 East 1st Street P.O. Box 1968 Grand Island, Nebraska 68801 Attn: Gary R. Mader Utilities Director Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Engineer and Owner. Article 16 – Waiver A waiver by either Owner or Engineer of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. Article 17 – Severability The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision which is of the essence of this Agreement be determined void. Article 18 – Integration This Agreement represents the entire and integrated agreement between Owner and Engineer. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. Article 19 – Successors and Assigns Owner and Engineer each binds itself and its directors, officers, partners, successors, executors, administrators, assigns, and legal representatives to the other party to this Agreement and to the directors, officers, partners, successors, executors, administrators, assigns, and legal representatives of such other party in respect to all provisions of this Agreement. Article 20 – Assignment Neither Owner nor Engineer shall assign any rights or duties under this Agreement without the prior written consent of the other party. Unless otherwise stated in the written consent to an assignment, no assignment will release or discharge the assignor from any obligation under this Agreement. Nothing contained in this Article shall prevent Engineer from employing independent consultants, associates, and subcontractors to assist in the performance of the Services. Article 21 – Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner and Engineer. Article 22- Limitations The warranties, obligations, liabilities and remedies of the parties, as provided herein, are exclusive and in lieu of any others available at law or in equity. To the fullest extent allowed by law, releases from, and limitations of liability shall apply notwithstanding the breach of contract, tort including negligence, strict liability or other theory of legal liability of the party released or whose liability is limited. IN WITNESS WHEREOF, Owner and Engineer have executed this Agreement. CITY OF GRAND ISLAND BLACK & VEATCH By By Mayor Jay Vavricek Gary D. Morrow, Vice President Date Date EXHIBIT A CGI-_____ GENERAL ENGINEERING SERVICES AGREEMENT Between City of Grand Island And Black & Veatch Corporation Pursuant to the terms and conditions of the General Engineering Services Agreement executed and made effective as of the 4th day of November, 2005, by and between City of Grand Island ("Client") and Black & Veatch Corporation ("Engineer"), Client hereby requests, and Engineer agrees to perform the following Services for the compensation indicated below: A. Services : B. Schedule: C. Compensation: Compensation shall be on a time-and-material basis, with an estimated engineering cost not to exceed $_________. Expenses for travel and living costs will be billed at actual cost plus 5%. Charges for all other expenses, including computer expenses, will be at $6 per hour. The Schedule of Labor Rates is attached: D. Monthly Billing: Commencing on or about the first day of the calendar month following execution of this Agreement, and monthly thereafter, Engineer shall furnish Client with an invoice covering the Services performed during the previous month and any interest due under this Agreement. Invoices shall be due upon receipt. E. Method of Payment. Payments to be made to Engineer under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Engineer’s most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. F. Disputes: In the event Client disputes any invoice item, Client shall give Engineer written notice of such disputed item within ten days after receipt of such invoice and shall pay to Engineer the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of eighteen percent per annum, or the maximum amount allowed by law if eighteen percent is a violation of the law, from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client's favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. In the event Engineer refers this Agreement to a third party for collection or enforcement of its terms, Engineer shall be entitled to reimbursement for all costs and expenses incurred, including a reasonable attorneys' fee. In the event that Client has an unpaid invoice over 50 days past due, Engineer may, in addition to all other remedies available at law and equity, terminate this Request for Services. This Request for Services and the above-referenced Agreement constitute the complete understanding of the parties with respect to the Services specified herein. Terms and conditions contained in purchase orders, work orders, or other documents issued by Client with respect to the Services shall be of no force and effect. IN WITNESS WHEREOF, the parties have executed this Request for Services on the date(s) indicated below. Client Engineer By: By: Title: Title: Date: Date: BLACK & VEATCH ENERGY SERVICES DIVISION SCHEDULE OF LABOR RATES (Through December, 2006) Salary Plan B&V Hourly Rate -- Title Grade ($/Hour) OFF -- Office Services 04* 37.29 Word processing, document control, clerical 05* 38.02 accounting services, and related group 06* 42.70 supervisors. 07* 52.02 08* 55.73 ADS -- Administrative Support 01* 29.74 Office support including clerical and secretarial. 02* 34.88 03* 42.91 04* 54.43 05* 66.55 GRP -- Graphics 05* 52.19 Illustrating functions for graphic presentations. 06* 79.61 09 111.19 TEC -- Technical Support 04* 55.95 Technical functions which support engineering 05* 65.98 and other project efforts. 06* 60.76 08 108.73 SPC -- Specialized Staff 01 47.97 Legal, scientific, economic, and related services 02 55.16 for project assignments. Includes scientists, 03 66.60 geologists, environmentalists, oceanographers, 04 73.25 lawyers, economists, etc. 05 96.10 06 114.92 07 120.38 08 140.58 09 171.49 ARC -- Architecture 01 53.51 Architectural design, analysis, and management 02 54.73 of the architectural function. 04 73.44 05 92.37 06 97.99 07 125.09 ENG -- Engineering 01 68.71 Engineering design, analysis, and management. 02 73.20 Includes departmental and project assignments 03 82.34 including engineering department management. 04 94.10 05 111.54 06 127.12 07 145.31 08 167.46 09 165.27 97 38.53 BLACK & VEATCH ENERGY SERVICES DIVISION SCHEDULE OF LABOR RATES (Through December, 2006) ADM -- Administrative/Business 01* 36.53 Administrative business functions for the firm, 02* 46.24 including personnel, public relations, 03 60.60 publications, purchasing, and other functions. 04 71.79 05 87.45 06 94.69 07 135.44 08 179.60 09 196.88 FIN -- Finance 02* 46.48 Project accounting, financial reporting, planning & 03* 56.65 analysis, accounting operations, and tax 04 70.33 05 89.58 06 101.94 07 120.36 08 175.52 CST - Consulting 01* 22.92 Provide advisory services to clients regarding 02* 29.68 operational and administrative functions 03 39.50 04 50.54 05 65.03 06 81.52 07 96.05 CNS -- Construction Services 03 84.50 Construction service functions, including 04 94.86 construction management, construction support, 05 106.78 resident engineering, and project review. 06 118.35 07 127.03 08 141.74 09 155.51 10 163.81 11 182.33 12 203.29 ITS -- Information Science 01 49.10 Information science functions including systems 02 52.54 and software analysis, and 03 68.52 network/communications consulting. 04 86.28 05 105.78 06 123.33 07 128.30 08 151.21 09 199.85 10 232.00 INT -- Information Technology 04* 53.49 Information technology functions including 0.00 systems support, programming, microcomputer 0.00 configurations, and applications support. 0.00 BLACK & VEATCH ENERGY SERVICES DIVISION SCHEDULE OF LABOR RATES (Through December, 2006) PJC -- Project Controls 01* 58.73 Professionals who track the cost associated with 02* 65.63 a project and perform planning and scheduling 03 77.58 functions related to projects. 04 91.53 05 107.57 06 128.82 07 143.56 08 158.32 EST -- Estimating 03 75.44 Professionals who assess the cost related to 04 85.96 projects to assist with the preparation of 05 99.07 proposals. 06 129.22 07 141.55 PCR -- Procurement 01* 62.35 Professionals who secure and administer the 02 62.46 purchase of goods, commodities, and services. 03 71.30 04 79.17 05 90.96 06 115.68 07 138.28 08 150.34 ENT -- Engineering Technician 01* 47.62 Technical designers and drafters. 02* 49.32 03* 52.81 04* 58.43 05* 66.00 06* 78.74 07 * 96.88 08 112.46 09 127.85 10 138.63 CMG -- Executive 10 192.17 Executive Project Managers. 20 214.35 30 271.72 40 303.77 PMT -- Project Management 11 141.28 12 155.89 13 172.65 14 203.26 15 244.71 * Non-exempt. ** Selected positions are non-exempt. Rates are subject to annual adjustment. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-352 WHEREAS, the City of Grand Island utilizes engineering services for many smaller projects which can be completed in accordance with the purchase order and price quotes provisions of the purchasing regulations within the city code; and WHEREAS, it has become more prevalent that engineering firms require a contract to proceed with engineering services work despite the size of the project; and WHEREAS, it has been suggested that a general contract with such engineering firms be approved authorizing the terms of work to be done for various projects, which also allows City staff to comply with the purchase order and price quote provisions of the purchasing regulations; and WHEREAS, it is recommended that Engineering Services Agreements be entered into with Black & Veatch of Kansas City, Missouri and with Sargent & Lundy of Chicago, Illinois to facilitate the projects while still complying with the city code to obtain competitive pricing for the smaller engineering service needs; and WHEREAS, the proposed Engineering Services Agreements to perform engineering services work have 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 Engineering Services Agreements with Black & Veatch of Kansas City, Missouri, and with Sargent & Lundy of Chicago, Illinois for engineering consulting work on various city utility projects is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-353 - Approving Engineering Services for Riverway Hike/Bike Trail Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: December 20, 2005 Subject: Engineering Services for Riverway Hike/Bike Trail Item #’s: G-11 Presenter(s): Steve Paustian, Parks and Recreation Director Background The Parks and Recreation Department submitted a grant request to the Nebraska Department of Roads for a grant to assist in the cost of the design and construction of the Riverway Hike/Bike Trail. The trail will extend from Hall County Park to South Locust Street along the Wood River diversion channel. The City was successful in obtaining the applied for grant. Discussion Following the protocol required for the grant, engineering proposals were solicited. The City received five proposals. The proposal deemed most satisfactory as ranked by the selection committee was provided by Olsson Associates of Grand Island and Lincoln, NE. The State has agreed with the engineering firm selected and has drafted a contract for the Mayor to sign. The engineering contract calls for a set fee of $32,248.00. The grant will pay for 80% of all costs associated with the contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refe r 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 award an engineering contract to Olsson Associates for the design of the Riverway Trail Sample Motion Motion to approve the contract to Olsson Associates for engineering services for the Riverway Hike/Bike Trail. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-353 WHEREAS, the City of Grand Island received grant approval to assist with the cost of the design and construction of the Riverway Hike/Bike Trail which will extend from Hall County Park to South Locust Street along the Wood River diversion channel; and WHEREAS, such project will require an engineering consultant to prepare plans and specifications for the construction of a crushed rock bicycle / pedestrian trail for Project No. STPB-40(53); and WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for engineering services for such project; and WHEREAS, Olsson Associates of Grand Island, Nebraska, submitted a proposal for such project in accordance with the Request for Proposals in the amount of $32,248.00; and WHEREAS, the State of Nebraska Department of Roads has agreed with selection of Olsson Associates for such project; and WHEREAS, the City is responsible for 20% of the project costs; and WHEREAS, a Consultant Agreement with Olsson Associates to perform engineering work for such project has been reviewed and approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Consultant Agreement with Olsson Associates of Grand Island and Lincoln, Nebraska for engineering consulting work for the design and construction of the Riverway Hike/Bike Trail while will extend from Hall County Park to South Locust Street along the Wood River diversion channel [Project No. STPB-40(53)], is hereby approved at a cost of $32,248.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-354 - Approving Acquisition of a Public Utilities Easement Located at 4179 Old Potash HWY (Barry & Jolynn Niedfelt) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-354 WHEREAS, a public utility easement is required by the City of Grand Island, from Barry W. Niedfelt and Jolynn Niedfelt, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on December 20, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the North Half (N1/2) of Section Twenty Three (23), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the city of Grand Island, Hall County, Nebraska, the easement being more particularly described as follows: Beginning at the northeast corner of the West Half of the Northeast Quarter (W ½ NE ¼); thence running south on the east line of said West Half of the Northeast Quarter (W ½ NE ¼), a distance of Thirty Three (33.0) feet, to a point on the south line of the county road right-of- way, and to the Actual Point of Beginning; thence running west parallel with and Thirty Three (33.0) feet south of the north line of said West Half of the Northeast Quarter (W ½ NE ¼), a distance of One Thousand Three Hundred Sixteen and Eleven Hundredths (1316.11) feet, to a point on the west line of the West Half of the Northeast Quarter (W ½ NE ¼), said point also being the east line of the Northwest Quarter (NW ¼); thence continuing west parallel with and Thirty Three (33.0) feet south of the north line of the Northwest Quarter (NW ¼), a distance of Thirty Five (35.0) feet; thence running south parallel with and Thirty Five (35.0) feet west of the east line of the Northwest Quarter (NW ¼), a distance of Twenty Seven (27.0) feet, to a point Sixty (60.0) feet south of the north line of the Northwest Quarter (NW ¼); thence running east parallel with and Sixty (60.0) feet south of the north line of the Northwest Quarter (NW ¼), a distance of Thirty Five (35.0) feet, to a point on the east line of said Northwest Quarter (NW ¼), said point also being on the west line of the West Half of Northeast Quarter (W ½ NE ¼) thence running east parallel with and Sixty (60.0) feet south of the north line of the West Half of the Northeast Quarter (W ½ NE ¼), a distance of One Thousand Three Hundred Sixteen and Thirteen Hundredths (1316.13), to a point on the east line of said West Half of the Northeast Quarter (W ½ NE ¼); thence running north along the east line of the West Half of the Northeast Quarter (W ½ NE ¼), a distance of Twenty Seven (27.0) feet to the Actual Point of Beginning and containing 0.837 acres more or less. 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 Barry W. Niedfelt and Jolynn Niedfelt, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-355 - Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for Construction of Sanitary Sewer District 515; Dale Roush Subdivision (Indian Acres) Tuesday, December 20, 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: December 20, 2005 Subject: Approving Change Order No. 1 to the Contract with The Diamond Engineering Company for Construction of Sanitary Sewer Dis trict 515; Dale Roush Subdivision (Indian Acres) Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On March 18, 2005 the City of Grand Island entered into a contract with The Diamond Engineering Company for construction services to build Sanitary Sewer District 515; Dale Roush Subdivision (Indian Acres). Any changes to the contract must be approved by the city council. Discussion The Engineering Division of the Public Works Department is submitting Change Order No. 1 in the amount of $7,466.00, with the following changes: A. A concrete let down structure was needed to drop storm water runoff into the Moores Creek Drain and to prevent erosion. B. A Sanitary Sewer stub out was needed to prepare for a future extension of city sanitary sewer. C. The contractor was ordered to shut down the de-watering wells after the May 11, 2005 storm to avoid causing more downstream flooding. The contractor is asking for fuel costs for the time it took to lower the groundwater to the level that it was before the pumps were shut off. Original Contract $ 512,633.30 A. Let Down Structure 1 @ $2,700/ea $ 2,700.00 B. Build 18” Stubout – 28’ Length PVC 1 @ $1,742.00/ea $ 1,742.00 C. Fuel cost for ordered dewatering well shut down 504 hrs @ $6.00/hr $ 3,024.00 Revised Contract $ 520,099.30 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve Change Order No. 1. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council pass a resolution authorizing the Mayor to execute the Change Order. Sample Motion Approve Change Order No. 1 to the contract with The Diamond Engineering Company for Sanitary Sewer District 515. City of Grand Island CHANGE ORDER NO. 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: December 1, 2005 PROJECT: Sanitary Sewer District 515; Indian Acres CONTRACTOR: The Diamond Engineering Company, P.O. Box 1327, Grand Island, NE 68802 CONTRACT DATE: March 18, 2005 AMOUNT OF ORIGINAL CONTRACT: $512,633.30 You are directed to make the changes noted below in the subject contract: 1) Let Down Structure (1.00 ea @ $2,700.00 = $2,700.00) 2) Build 18” Stub Out - 28’ Length P.V.C. (1.00 ea @ $1,742.00 = $1,742.00) 3) Fuel cost for ordered dewatering well shut down (504 hrs @ $6.00/hr = $3,024.00) The changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order ......................................................................................$ 512,633.30 Net Increase/Decrease Resulting from this Change Order ..............................................................$ 7,466.00 Revised Contract Price Including this Change Order .......................................................................$ 520,099.30 Contract Time Prior to This Change Order/Calendar Days - Substantial Completion ..........………..205 Days Net Increase Resulting from This Change Order ................................................................................... 0 days Current Contract Time Including this Change Order/ Calendar Days - Substantial Completion………..205 Days Approval Recommended: The Above Change Order Accepted: City of Grand Island The Diamond Engineering Company Owner Contractor By By Public Works Director, City of Grand Island Name, Title Date Date Approved for the City of Grand Island Mayor Attest: City Clerk Date Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-355 WHEREAS, on February 22, 2005, by Resolution 2005-47, the City of Grand Island awarded the bid for Sanitary Sewer District No. 515 to The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modification will increase the contract amount by $7,466.00 for a revised contract price of $520,099.30. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modification set out as follows: Let Down Structure.................................................................................................................2,700.00 Build 18" Stubout – 28' length PVC............................................................................................1,742.00 Fuel cost for ordered dewatering well shut down........................................................................3,024.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-356 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 515; Dale Roush Subdivision (Indian Acres) Tuesday, December 20, 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: December 20, 2005 Subject: Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 515; Dale Roush Subdivision (Indian Acres) Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Sanitary Sewer District No. 515 was awarded to The Diamond Engineering Company of Grand Island, NE on February 22, 2005; the contract was signed on March 18, 2005. Work commenced on May 9, 2005 and was comple ted on November 4, 2005. Discussion The work was completed in accordance with the terms, conditions, and stipulations of the contract and complies with the contract, the plans, and the specifications. The project was completed at a construction price of $509,177.49. Total cost of the project, including contract administration, is $660,324.81. The entire cost for this project will be assessed to the adjacent properties. Costs for the project break down as follows: Original Bid $ 512,633.30 Change Order $ 7,466.00 Underuns ($ 10,921.81) Sub Total (Construction Price) $ 509,177.49 Engineering, Publication, TV Insp. Costs $ 55,526.12 #1 Navajo (Thornton Property) $ 75,000.00 Clean up of #1 Navajo (Bob Stahla Mobil Homes $ 4,936.09 Easements and Right-of-Way $ 12,231.54 Other Costs (Detailed on the Cert. of Final Completion $ 3,453.57 Total Project Cost $ 660,324.81 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Certificate of Final Completion and set the Board of Equalization Hearing. 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 Certificate of Final Completion for Sanitary Sewer District No. 515 and set the Board of Equalization date of January 24, 2006. Sample Motion Move to approve the Certificate of Final Completion and set the Board of Equalization Hearing for Sanitary Sewer District No. 515. ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICT 515 INDIAN ACRES CITY OF GRAND ISLAND, NEBRASKA December 20, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer District No. 515, has been fully completed by The Diamond Engineering Company, of Grand Island, Nebraska under a contract dated March 18, 2005. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. It is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the Final Payment for this work. Sanitary Sewer District 515 is located in Dale Roush and Dale Roush 2nd Subdivisions and Part of the SW1/4, Section 14-11-10. (Commonly referred to as Indian Acres) Item Unit Total Total No. Description Price Quantity Cost 1. Build 10” PVC Sanitary Sewer $ 25.45/lf 640.00 l.f. $ 16,288.00 2. Build 8” PVC Sanitary Sewer $ 22.25/lf 7,547.35 l.f. $ 167,928.54 3. Build 4” Service per Std. Pla n 132 $ 435.00/ea 1 ea $ 435.00 (off 10” sewer main) 4. Build 4” Service line per standard plan $ 775.00/ea 2 ea $ 1,550.00 132A (off 10” sewer main) 5. Build 4” Service per Std. Plan 132 $ 360.00/ea 1 ea $ 360.00 132 (off 8” sewer main) 6. Build 4” Service per Std. Plan 132A $ 665.00/ea 124 ea $ 82,460.00 (off 8” sewer main) 7. Build 4” Service per Std. Plan 132A $ 985.00/ea 2 ea $ 1,970.00 w/ additional 60 l.f. 4” extension (off 8” Sewer main) 8. Build 4’ diameter standard manhole $ 2,200.00/ea 24 ea $ 53,280.00 9. Build 4’ diameter MH Extra Depth $ 203.50/v.f. 205.00 v.f. $ 41,717.50 10. Remove Asphaltic or Conc. Pavement $ 5.75/sy 1004.00 s.y. $ 5,773.00 11. Replace Asphaltic or Conc. Pavement $ 20.95/s.y. 0 s.y. $ 0 12. Pavement Sawcut $ 2.75/l.f. 95.00 l.f. $ 261.25 13. Build 12” PVC Sanitary Sewer Stubout $ 603.50/ea 0 ea $ 0 14. Build 8” PVC Sanitary Sewer Stubout $ 432.80/ea 0 ea $ 0 15. Tree Removal $ 2,610.00/l.s. 1 l.s. $ 2,610.00 16. Construction Dewatering $ 98,955.00/l.s. 1 l.s. $ 98,955.00 17. Build 4” PVC San. Sewer/Watermain $ 465.00/ea 26 ea $ 12,090.00 Crossing - per Std. Plan 138 ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICT 515 Page -2- Item Unit Total Total No. Description Price Quantity Cost 18. Build 8” San.Sewer/Watermain $ 630.00/ea 0 ea $ 0 Crossing - per Std. Plan 138 19. Furnish and Place Gravel $ 12.40/c.y. 1293.00 c.y. $ 16,033.20 SUB TOTAL $ 501,711.49 CHANGE ORDER NO. 1 A. Let Down Structure $ 2,700.00/ea 1 ea $ 2,700.00 B. Build 18” Stubout – 28’ Length PVC $ 1,742.00/ea 1 ea $ 1,742.00 C. Fuel cost for Ordered Dewatering $ 6.00/hr 504 hr $ 3,024.00 Well Shut Down TOTAL CHANGE ORDER AMOUNT $ 7,466.00 TOTAL CONSTRUCTION COST $ 509,177.49 SUMMARY OF OTHER COSTS City of Grand Island Wastewater Division – TV Inspection $ 4,478.76 City of Grand Island Engineering Division – Engineering & Administration $ 50,917.75 Grand Island Independent – Advertising $ 129.61 Fenster Plumbing – Temporary Water Service $ 1,066.00 City of Grand Island Utilities – Temporary Water Service $ 254.66 Bob Stahla Mobile Homes – Demolition & Cleanup of #1 Navajo Dr. $ 4,936.09 Gaylen Sprague – Utility Easement & Temporary Construction Occupancy $ 3,625.00 B&D General Partnership – Crop Loss During Construction Occupancy $ 556.15 Jacqueline Hanover – Utility Easement & Temporary Construction Occupancy $ 3,403.27 Lee Newport – Utility Easement $ 150.00 Teddy Lechner – Utility Easement & Temporary Construction Occupancy $ 3,403.27 Chester & Juliann Thornton - #1 Navajo $ 75,000.00 James & Pauline Thornton – Street ROW $ 1,650.00 US Postmaster – Mailing Charges $ 13.26 Cash – Hall County Recording Fees $ 10.50 Hall County Register of Deeds – Recording Fees $ 20.50 Rockwell & Associates – Subdivided #1 Navajo $ 1,200.00 GI Abstract – Title Search $ 332.50 TOTAL OTHER COSTS $ 151,147.32 TOTAL COST OF SANITARY SEWER DISTRICT 515 $ 660,324.81 ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICT 515 Page -3- Respectfully submitted, Steven P. Riehle City Engineer Public Works Director TO MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Comple tion for Sanitary Sewer District 515 be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from Account No. 53030055-85213 in the amount of $50,917.75.00. I further recommend that the City Council sit as a Board of Equalization on January 24, 2006, to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-356 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island issued a Certificate of Final Completion for Sanitary Sewer District No. 515 located in Dale Roush Subdivision (Indian Acres), certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract dated March 18, 2005, completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer / Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the City Engineer / Public Works Director's recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director's Certificate of Final Completion for Sanitary Sewer District No. 515 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on January 24, 2006 to determine benefits and set assessments for Sanitary Sewer District No. 515. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-357 - Approving Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: December 20, 2005 Subject: Approving Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library Item #’s: G-15 Presenter(s): Steve Fosselman, Library Director Background The contract for asbestos removal and demolition of improvements at 1204, 1212 & 1216 West 2nd Street, 214 N. Washington St. and 1203/1205, 1209, 1215, & 1221 West 3rd Street located west of the Edith Abbott Memorial Library was awarded to Environmental Direct, Inc., Grand Island, Nebraska on August 9, 2005 and has been completed. Discussion The work for this contract has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The project was completed on schedule at a construction price of $159,393.19. Costs for the project break down as follows: Original Bid $ 143,333.19 Change Order No. 1 $ 16,060.00 Total Cost $ 159,393.19 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for this project. Sample Motion Motion to approve the Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library. CERTIFICATE OF FINAL COMPLETION Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library CITY OF GRAND ISLAND, NEBRASKA December 20, 2005 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the project for asbestos removal and demolition of improvements at 1204, 1212 & 1216 West 2nd Street, 214 N. Washington St. and 1203/1205, 1209, 1215, & 1221 West 3rd Street located west of the Edith Abbott Memorial Library has been fully completed by Environmental Direct, Inc., Grand Island, Nebraska under a contract dated August 9, 2005. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Library Director. It is further certified that this project includes the following items and costs and that this certificate shall constitute the Final Payment for this work. Original Bid $ 143,333.19 Change Order No. 1 $ 16,060.00 Total Cost $ 159,393.19 Respectfully submitted, Steve Fosselman Library Director TO MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library be approved. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-357 WHEREAS, the Library Department Director for the City of Grand Island has issued a Certificate of Final Completion for Asbestos Removal and Demolition of Improvements at 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 W. Third Street in the city of Grand Island, Nebraska, certifying that Environmental Direct, Inc. of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Library Department Director recommends the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Asbestos Removal and Demolition of Improvements at 1204, 1212 and 1216 West 2nd Street, 214 North Washington Street and 1203/1205, 1209, 1215 and 1221 W. Third Street in the city of Grand Island, Nebraska, is hereby confirmed and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-358 - Approving State Bid Award for ¾ Ton Pickup Truck (Solid Waste Division of the Public Works Department) Tuesday, December 20, 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: December 20, 2005 Subject: Approving State Bid Award for ¾ Ton Pickup Truck (Solid Waste Division) Item #’s: G-16 Presenter(s): Steven P. Riehle, Public Works Director Background The Solid Waste Division of the Public Works Department is replacing a 2004 Chevy two wheel drive, extended cab pickup. They are replacing it with a 2006 Ford F-250 four wheel drive, extended cab pickup. The four wheel drive pickup is needed in order to get around the landfill. Funds for the truck were in the approved 2005/2006 budget ($30,000 on page 269 of the 2005 / 2006 Annual Budget Report). The Engineering Division will be purchasing the 2004 Chevy from the Solid Waste Division to replace a 1992 Chevy S-10 pickup. Discussion The ¾ ton extended cab pickup truck awarded under State of Nebraska contract #11418 OC meets all of the requirements for the Solid Waste Division. The following is a summary of the State bid contract. Bidder Exceptions Total Cost Anderson Ford Grand Island, Nebraska None $27,315.00 There are sufficient funds for this purchase in Account No. 50530040-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purcha se of the pickup truck. 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 ¾ ton pickup truck from Anderson Ford of Grand Island, Nebraska. Sample Motion Move to approve the purcha se of the ¾ ton pickup truck under state contract from Anderson Ford of Grand Island, Nebraska in the amount of $27,315.00. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-358 WHEREAS, the Solid Waste Division of the Public Works Department budgeted in the 2005/2006 fiscal year to replace a 2004 Chevy two-wheel drive, extended cab pickup with a 2006 Ford F-250 four-wheel drive, extended cab pickup; and WHEREAS, said vehicle can be obtained from the State contract holder; and WHEREAS, purchasing the vehicle from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2005/2006 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2006 Ford F-250 four-wheel drive, extended cab pickup in the amount of $27,315.00 from the State contract holder, Anderson Ford of Grand Island, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-359 - Approving Amendment No. 3 to the Police and Firefighters Pension Plans Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: December 20, 2005 Subject: Approving Amendment No. 3 to Police and Firefighters Pension Plans Item #’s: G-17 Presenter(s): Dave Springer, Finance Director Background The United States Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), which changed the provisions of Federal law governing qualified retirement plans, including eliminating a plan’s ability to distribute vested account balances of more than $1,000 and not more than $5,000 without the participant’s express permission, and requiring that certain mandatory distributions be automatically rolled over to an individual retirement account (IRA) unless the participant makes an election to take cash or make a different rollover. Discussion Currently, if a participant left and failed to give directions regarding account balances not exceeding $3,500, the Plan would simply make a lump sum payment of the entire balance directly to the Participant. Under EGTRRA, such lump sum payments will only be available for account balances that do not exceed $1,000. If the Participant has more than $3,500, the money will continue to stay in the Plan for the Participant’s benefit. Balances between $1,000 and $3,500 will be rolled over into an IRA in the Participants name at Wells Fargo. The intent is to not subject the Participant to a taxable event. In order to be in compliance, the Plan needs to be amended before December 31. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Plan amendment 2. Disapprove the amendment Recommendation City Administration recommends that the Council approve the amendment to the Police and Firefighters pension plans. Sample Motion Approve Amendment No. 3 to the Police and Firefighters Pension plans. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-359 WHEREAS, the City of Grand Island maintains the City of Grand Island, Nebraska Firefighters' Retirement System Plan and Trust (the "Plan") to provide retirement benefits to its employees who may participate in the Plan upon meeting the eligibility requirements of the plan; and WHEREAS, the City of Grand Island maintains the City of Grand Island, Nebraska Police Officers' Retirement System Plan and Trust (the "Plan") to provide retirement benefits to its employees who may participate in the Plan upon meeting the eligibility requirements of the plan; and WHEREAS, the City, through its City Council, has the authority to amend the Plans under Plan Section 9.1; and WHEREAS, the United States Congress passed the Economic Growth and Tax Relief Reconciliation Act of 2001, which changed the provisions of Federal law governing qualified retirement plans, including eliminating a plan's ability to distribute vested account balances of more than $1,000 and not more than $5,000 without the participant's express permission, and requiring that certain mandatory distributions be automatically rolled over to an individual retirement account unless the participant makes an election to take cash or make a different rollover; and WHEREAS, the City of Grand Island desires to amend the above-mentioned Plans in a timely manner to comply with Federal law. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 3 to the Plans, in the form attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein by this reference, is hereby adopted and approved. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the approved amendment for the Plans and to take any and all other action on behalf of the City as is necessary or appropriate to carry out the actions approved in this Resolution and to maintain the qualified status of the Plan. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item G18 #2005-360 - Approving Hall County Local Emergency Operations Plan Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: Lela Lowry City of Grand Island City Council Council Agenda Memo From: Lela L. Lowry, Emergency Management/911 Director Meeting: December 20, 2005 Subject: Local Emergency Management Operations Plan Item #’s: G-18 Presenter(s): Lela L. Lowry, Emergency Management/911 Director Backgro und The local emergency operations plan (LEOP) was developed to provide the city and the county a guideline for an all hazards approach to natural or man made disasters Discussion City Council approval is required and forwarded to the Nebraska Emergency Management Agency for final approval and printing and distribution to all department directors, councils and village boards. The LEOP is seen as a living document and periodic minor changes to numbers and locations may change and are updated as needed by the Emergency Manager to meet the needs of preparedness, response, recovery and mitigation for the City and County. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Hall County Local Emergency Operations Plan. 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 Hall County LEOP. Sample Motion Motion to approve the Hall County Local Emergency Operations Plan. Approved as to Form ¤ ___________ December 15, 2005 ¤ City Attorney R E S O L U T I O N 2005-360 WHEREAS, a Hall County Local Emergency Operations Plan, attached hereto, has been developed in order to provide for a coordinated response to a disaster or emergency within Hall County; and WHEREAS, the City of Grand Island deems it advisable and in the best interest of the City to approve said Local Emergency Operations Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the attached Hall County Local Emergency Operations Plan is hereby approved.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 20, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item J1 Approving Payment of Claims for the Period of December 7, 2005 through December 20, 2005 The Claims for the period of December 7, 2005 through December 20, 2005 for a total amount of $3,742,417.70. A MOTION is in order. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of November 23, 2005 through December 20, 2005 The Claims for the Library Expansion for the period of November 23, 2005 through December 20, 2005 for the following requisitions. #9 $ 23,266.20 #10 $140,651.24 #11 $ 1,333.36 #12 $ 50.00 #13 $ 225.00 A MOTION is in order. Tuesday, December 20, 2005 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council