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01-10-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, January 10, 2006 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 Curtis Holzworth, Evangelical Free Church, 2609 South Blaine Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Presentation by the Grand Island Girl Scout Brownie Troop #331 The Stolley Park 3rd grade Brownie Troop #331 under the leadership of Jill O'Neill will be present to kick off the start of Girl Scout Cookie sales. Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item E1 Public Hearing on Request of The Cigarette Store Corp. dba Smoker Friendly, 724 West 2nd Street for a Class "D" Liquor License Tuesday, January 10, 2006 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: January 10, 2006 Subject: Public Hearing on Request of The Cigarette Store Corp dba Smoker Friendly, 724 West 2nd Street for a Class “D” Liquor License Item #’s: E-1 & H-1 Presenter(s): RaNae Edwards, City Clerk Background The Cigarette Store Corp dba Smoker Friendly, 724 West 2nd Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only 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. Smoker Friendly is located at the intersection of 2nd Street and Eddy Street with a drive thru window for the sale of tobacco. City staff has concerns with traffic safety and would recommend that no business be conducted at the drive thru window. Please see attached memo’s from the Public Works and Building Departments. Nebraska Liquor Control Commission Rules and Regulations Section 53-178.01 reads as follows: Licensee; sale to person within motor vehicle; prohibited; exception. No licensee shall sell alcoholic liquor, including beer, to any person for consumption off the licensed premises while such person is in any manner within any motor vehicle. This section shall not apply to sales to handicapped persons in a motor vehicle displaying a current handicapped license plate issued by the Department of Motor Vehicles. See the attached Liquor Application Checklist. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request with stipulations. 2. Deny the request. 3. Forward to the Nebraska Liquor Control Commission with no recommendation. 4. Take no action on the issue. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this request contingent upon final inspections and with the stipulation that no business will be conducted at the drive thru window. Sample Motion Move to approve the request of The Cigarette Store Corp. dba Smoker Friendly, 724 West 2nd Street for a Class “D” Liquor License contingent upon final inspections and with the stipulation that no business will be conducted at drive thru window. CITY OF GRAND ISLAND LIQUOR APPLICATION CHECKLIST ___ Retail: Individual ** ____ Applicant is Nebraska Resident. ____ Applicant is of good character and reputation in the community in which he or she resides. ____ Applicants is citizen of the United States. ____ Applicant has no Felony or Class I Misdemeanor convictions or guilty pleas. ____ Applicants has had no prior liquor licenses issued under the Nebraska Liquor Control Act revoked. ____ Applicant’s spouse must qualify the same as applicant. ____ Applicant owns premise or has a lease of premise for the full period for which the license is issued. ____ Premise meets State Fire Marshal codes. ____ Applicant is not a law enforcement officer. ____ Applicant is at least 21 years of age. ___ Retail: Partnership ** ____ One partner must be a resident of Nebraska. ____ All partners and spouses must be citizens of the United States. ____ All partners must be of good character and reputation in the community. ____ All partners must not have been convicted or plead guilty to a Felony or Class I Misdemeanor. ____ All partners must not have had a liquor license issued under the Nebraska Liquor Control Act revoked. ___ Retail: Limited Liability Company ** ____ One of the members must be a resident of Nebraska. ____ All members of such company must qualify to above individual restrictions. ___ Retail: Corporation ** ____ Any officer, manager, or director of the corporation or any stockholder owning more than 25% of the stock must qualify to above individual restrictions. ____ The manager and spouse of the corporation must be a resident of Nebraska and qualify to above individual restrictions. ____ Corporation must be registered with the Secretary of State. ____ Corporation owned by a corporation, the owning corporation must register with the Secretary of State. ___ Manufacturer, Wholesaler, Railroad, Airline, Boat, Nonbeverage ____ Application filed in duplicate. ____ Beer Wholesaler must file sales territory of their brands. ____ Must file a bond. ____ Must pay registration fee and license fee. ____ No Manufacturer or Wholesaler may have interest as owner, part owner, lessee, or lessor in any retail establishment. **All Retail Licenses: ____ Premise is not within 150’ from any church, school, hospital, or home for aged or indigent persons or for veterans, their wives or children. ____ Premise is not within 300’ from any college campus. Other Comments or Concerns: CITY OF INTEROFFICE GRAND ISLAND MEMORANDUM DATE: January 5, 2006 SUBJECT: Drive up window to Smoker Friendly at 724 West 2nd Street TO: Gary Greer RaNae Edwards FROM: Steve Riehle The Regional Planning Commission and the City Council adopted guidelines for all site plan reviews in 1985. These guidelines required a minimum 100’ stacking distance for drive-up service windows when the driveway is off a street that is not classified as a local street. The minimum distance of 100’ from the window to the property line is needed for stacking of vehicles in line. In 2004, the business opened a drive-up window that was located closer then 100’ to the property line. In January 2005 in a spirit of cooperation, city staff negotiated with the property owners to move the drive-up window as far back in the existing building as possible. The drive-up window is approximately 45’ from the US Highway 30/2nd Street property line. This window continues to be a problem with 4 to 5 vehicles regularly waiting in line. Many times the line will back up into US Highway 30/2nd Street. The situation is not safe and will only be exacerbated if there is an increase in traffic to the property. Public works recommends that the approval of a liquor license be cont ingent on removal of the existing drive-up window. Smok e r Fri en d l y 2 nd StreetEd d y S t r e e t N Item E2 Public Hearing on Acquisition of 3.198 Acres of Land for Expansion of Recreation Trail Rights-of-Way Located at the Cornhusker Army Ammunition Plant in the SW1/4 of Section 11- 11-11 Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: January 10, 2006 Subject: Right–of-Way Acquisition for Hike/Bike Trail Easement at the Former Cornhusker Army Ammunition Plant Item #’s: E-2 & G-5 Presenter(s): Steve Paustian, Parks and Recreation Director Background Over the past several years nearly 25 miles of trail easements have been acquired on the former Cornhusker Army Ammunition Plant (CAAP) site. These easements have been acquired as the various parcels of land have been auctioned off. The auctions held to date have sold off nearly all lands available for redevelopment. Discussion The easement purchase request before the City Council represents one of the final easements to be acquired to complete the property acquisition necessary to allow for the construction of the trail network laid out for the former CAAP site. The easement consists of 3.198 acres at a cost of $1,918.80. There are funds in the 40044450-90027 Miscellaneous Park Projects account to pay for this easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to accept the easement 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 purchase the easement offered by the Army Corp of Engineers. Sample Motion Motion to purchase the easement offered by the Army Corp of Engineers for an amount of $1,918.80. Item G1 Approving Minutes of December 20, 2005 City Council Regular Meeting The Minutes of December 20, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, January 10, 2006 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 20, 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 20, 2005. Notice of the meeting was given in the Grand Island Independent on December 14, 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, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Pastor Mike Reiners, Peace Lutheran Church, 4018 Zola Lane followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek gave the “State of the City” address in which he mentioned the many activities taken place within the city over the past year. Mentioned were changes in the public safety departments, major improvements such as the Grand Generation Center expansion, library expansion, new fire station, and new police/sheriff department public safety center. Environmental improvements at the wastewater treatment plant was a goal that would be looked at by council next year along with a 10 percent reduction in the tax levy. Also mentioned were the major projects facing each department within the city. PRESENTATIONS AND PROCLAMATIONS: Musical Presentation by the La Camerata Madrigal Singers Under the Direction of Pam Ahlman. The La Camerata Madrigal Singers presented three holiday selections for the Mayor and City Council. PUBLIC HEARINGS: Public Hearing on Request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that Nickie Kallos, Jr. owner of Club 69, Inc. dba Club 69, 106 East 3rd Street had submitted an application with the City Clerk’s Office for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on November 17, 2005; notice to the applicant of date, time, and place of hearing mailed on November 29, 2005; notice to the general public of date, time, and place of hearing published on December 10, 2005; along with Page 2, City Council Regular Meeting, December 20, 2005 Chapter 4 of the City Code. John McDermott, Attorney for Nickie Kallos, Jr. spoke in support. No further public testimony was heard. 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. Chad Nabity, Regional Planning Director reported that M. Timm Development, owner of the land proposed for platting as Autumn Park Third Subdivision, requested an amended plan which was originally approved in 1995. The amended plan proposed 16 unit buildings instead of 12 unit buildings. Tony Clark, representing M. Timm Development spoke in support. Greg Baxter, 1723 Bridle Lane spoke about concerns of drainage. No further public testimony was heard. Public Hearing on Acquisition of Utility Easements Located at 1932 Aspen Circle. (Northstar Plaza, LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 1932 Aspen Circle 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 locate electric underground cable and a three phase pad-mounted transformer to provide electrical service to a new building. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement Located at 4179 Old Potash Highway. (Barry & Jolynn Niedfelt) Steve Riehle, Public Works Director reported that acquisition of a utility easement located at 4179 Old Potash Highway was needed in order to provide public sewer to serve the development of Copper Creek Subdivision. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #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) #9022 – Consideration of Change of Zoning for Land Proposed for Platting as Autumn Park Third Subdivision from RD Residential Development to Amended RD Residential Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director reported on Ordinance #9021. The developer of Autumn Park 2nd Subdivision requested the easements be vacated since this subdivision was never developed and Autumn Park Third Subdivision would have utilities in different locations. Discussion was held concerning Ordinance #9022 and drainage. Chad Nabity, Regional Planning Director reported that it was proposed to create a concrete lining to the north of the property to drain into Moores Creek. Maintenance and green space were also discussed. Page 3, City Council Regular Meeting, December 20, 2005 Motion by Pielstick, second by Hornady to approve Ordinance #9021 and #9022. City Clerk: Ordinances #9021 and #9022 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9021 and #9022 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9021 and #9022 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Item G-7 was pulled for questions. Motion by Cornelius, second by Hornady to approve the Consent Agenda excluding Item G-7. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 6, 2005 City Council Regular Meeting. Approving Minutes of December 13, 2005 City Council Study Session. Approving Re-Appointments of Vic Aufdemberge, George Bartenbach, Jim Berglund, and Matthew Armstrong and the Appointment of Joan Dillenbach to the Business Improvement District #5 Board. Approving Request of Nickie Kallos, Jr., 1704 East 6th Street for Liquor Manager Designation for Club 69, 106 East 3rd Street. Approving Preliminary Plat for Autumn Park Third Subdivision. #2005-348 – Approving Final Plat and Subdivision Agreement for Autumn Park Third Subdivision. It was noted that Milan E. Timm, owner proposed to create 25 lots on a parcel of land located in the SE1/4 of Section 12-11-10. #2005-350 – Approving Acquisition of Utility Easement Located at 1932 Aspen Circle. (Northstar Plaza, LLC) #2005-351 – Approving Bid Award for One (1) 700 Horsepower Motor Repair with Hupp Elect4ric Motors of Cedar Rapids, Iowa in an Amount of $70,573.74. #2005-352 – Approving Engineering Services Contracts Black & Veatch of Kansas City, Missouri and Sargent & Lundy of Chicago, Illinois. #2005-353 – Approving Engineering Services for Riverway Hike/Bike Trail with Olsson Associates of Grand Island and Lincoln, Nebraska in an Amount of $32,248.00. Page 4, City Council Regular Meeting, December 20, 2005 #2005-354 – Approving Acquisition of a Public Utility Easement Located at 4179 Old Potash Highway. (Barry & Jolynn Niedfelt) #2005-355 – Approving Change Order No. 1 to the Contract for Construction of Sanitary Sewer District 515 with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $7,466.00 and a Revised Contract of $520,099.30. #2005-356 – Approving Certificate of Final Completion with The Diamond Engineering Company of Grand Island, Nebraska and Scheduling the Board of Equalization for Sanitary Sewer District No. 515, Dale Roush Subdivision (Indian Acres). #2005-357 – Approving Certificate of Final Completion for Asbestos Removal and Demolition of Improvements Located West of the Edith Abbott Memorial Library with Environmental Director, Inc. of Grand Island, Nebraska. #2005-358 – Approving State Bid Award for 3/4 Ton Pickup Truck (Solid Waste Division) with Anderson Ford of Grand Island, Nebraska in an Amount of $27,315.00. #2005-359 – Approving Amendment No. 3 to the Police and Firefighters Pension Plans. #2005-360 – Approving Hall County Local Emergency Operations Plan (LEOP). #2005-349 – Approving Intent to Annex Land Located South of Old Potash Highway and East of Engleman Road and Schedule Public Hearing for January 24, 2006. Discussion was held concerning the time frame for services to be available. Chad Nabity, Regional Planning Director reported that sewer would be available by the summer of 2006 and the developer would pay the costs. It was reported that water was already available. Motion by Gilbert, second by Hornady to approve Resolution #2005-349. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request of Club 69, Inc. dba Club 69, 106 East 3rd Street for a Class “C” Liquor License. Motion by Whitesides, second by Pauly to approve the request of Club 69, 106 East 3rd Street for a Class “C” Liquor License. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Hornady to approve the Claims for the period of December 7, 2005 through December 20, 2005, for a total amount of $3,742,417.70. Motion adopted unanimously. Councilmember Pielstick abstained from voting on claim #115417. Motion by Cornelius, second by Hornady to approve the following Claims for the Library Expansion: Page 5, City Council Regular Meeting, December 20, 2005 #9 $23,266.20 #10 140,651.24 #11 1,333.36 #12 50.00 #13 225.00 Motion adopted unanimously. Each Councilmember gave a holiday greeting, thanking the Mayor, City Administrator, staff, employees, and constituents for the past year. ADJOURNMENT: The meeting was adjourned at 8:10 p.m. RaNae Edwards City Clerk Item G2 Approving Appointment of Dee Johnson to Business Improvement District #5 Board The Mayor has submitted the appointment of Dee Johnson to Business Improvement District #5 Board. This appointment would become effective immediately, upon approval by City Council and would expire on December 31, 2008. Ms. Johnson would fill the position left vacant by Cindy Duff who did not want to be considered for another appointment to the BID #5 Board. Approval is recommended. Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G3 Approving Request of Megan Kenney, PO Box 131, 221 East Street, Phillips, Nebraska for Liquor Manager Designation for Smoker Friendly, 724 West 2nd Street Tuesday, January 10, 2006 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: January 10, 2006 Subject: Request of Megan Kenney, PO Box 131, 221 East Street, Phillips, Nebraska for Liquor Manager Designation for Smoker Friendly, 724 West 2nd Street Item #’s: G-3 Presenter(s): RaNae Edwards, City Clerk Background Megan Kenney, PO Box 131, 221 East Street, Phillips, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “D-70994” Liquor License for Smoker Friendly, 724 West 2nd Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all 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 Megan Kenney, PO Box 131, 221 East Street, Phillips, Nebraska for Liquor Manager Designation in conjunction with the Class “D-70994” Liquor License for Smoker Friendly, 724 West 2nd Street. Item G4 Approving Preliminary Plat for Copper Creek Estates Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: January 10, 2006 Subject: Copper Creek Estates - Preliminary Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 560 lots and 3 outlots on a parcel of land in the NW ¼ 23-11-10. This land consists of approximately 150.56 acres. Discussion Greg Baxter spoke and expressed concerns with the City continuing to expand into the county and taking good farm ground away and not infilling in the current City Limits. He also expressed concern with drainage. He said this property is usually underwater during a hard rain event and adding more housed and hard surface to this area will only add to the drainage problem in this part of town. Roger Luebbe expressed concerns that he has a grain drying business on the northwest corner of this development and they create a lot of noise. He is concerned that a housing development would prohibit him from continuing to use his agricultural land as he does now. Robert Baker said there would be a 6 to 8 foot block wall around this area to help buffer the noise, and knowing how the land is used now they would create an agreement with the owners of these homes to disclose this use and the noise and also prevent the home owner from filing any law suits against Mr. Luebbe in the future. The Planning Commission discussed the drainage issues thoroughly. The developers will be creating ditches along Old Potash Highway as part of the project to extend sewer to this property. They have a drainage easement across the property immediately to the east and will use the existing cell on their property to contain and control runoff as development occurs. The City will continue to extend the backbone drainage system in this area. Plans are to continue this system to Old Potash Highway in the 2007 budget year with additional expansions in 2008 and beyond. These expansions to the planned drainage system were designed to accommodate water from this and surrounding properties as they develop. 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 Ruge 2nd by Hayes to approve the preliminary plat with any final plat approval subject to rezoning to R2-Low Density Residential and no increase in the rate of drainage leaving the property. A roll call vote was taken and the motion passed with 7 members present (Amick, Haskins, Reynolds, O’Neill, Ruge, Monter, Hayes) voting in favor and one member (Eriksen) voting against. Sample Motion Approve the Preliminary Plat for Copper Creek Estates as presented. Item G5 #2006-1 - Approving Acquisition of Easement Amendment No. 4 for Hike/Bike Trail at the Cornhusker Army Ammunition Plant This item relates to the aforementioned Public Hearing Item E-2. Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-1 WHEREAS, on May 23, 2000, by Resolution 2000-164, the City Council of the City of Grand Island approved the acquisition of property at the former Cornhusker Army Ammunition Plant area to be used as a hike/bike trail; and WHEREAS, the Department of Army, Corps of Engineers has agreed to grant the City of Grand Island use of 3.198 acres of additional land for the expansion of its hike/bike trail; and WHEREAS, a public hearing was held on January 10, 2006, for the purpose of discussing the proposed acquisition of an additional 3.198 acres of land located in part of the Southwest Quarter (SW1/4) of Section Eleven (11), Township Eleven (11) North, Range Eleven (11) West of the 6th P.M., in Hall County, Nebraska, to be used for such hike/bike trail. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 4 to Easement No. DACA45-2- 01-6078 to authorize the City to acquire 3.198 acres of additional land for the expansion of its hike/bike trail located in the former Cornhusker Army Ammunition Plant area is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 4 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2006-2 - Approving Bid Award for Asbestos Abatement and Building Demolition and Removal Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: January 10, 2006 Subject: Bid Award for Asbestos Abatement and Building Demolition and Removal Item #’s: G-6 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City acquired 412 acres of former Cornhusker Army Ammunition Plant property. Included in this 412 acre purchase were several buildings formerly used by the Army. In December one of the buildings was set on fire and now needs to be cleaned up and the debris removed and buried. Discussion Three bids were received, with the low base bid being provided by Environmental Direct, Inc. of Grand Island. The base bid provided by Environmental Direct was for $62,750.00. This base bid was lower than the bids provided by Great Plains Asbestos Control, Inc of $69,750.00 and ESA, Inc. $91,000.00. Two alternate bids were also received from the three bidding entities, however; funding limitations will not allow for the award of these bids at this time. 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 bid award to Environmental Direct, Inc. of Grand Island for $62,750.00. Sample Motion Motion to approve bid award to Environmental Direct, Inc.. 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 29, 2005 at 11:15 a.m. FOR: Asbestos Abatement & Building Demolition & Removal DEPARTMENT: Parks and Recreation ESTIMATE: $225,000.00 FUND/ACCOUNT: 61550020-85465 PUBLICATION DATE: December 11, 2005 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Great Plains Asbestos Control, Inc. ESA, Inc. Kearney, NE Omaha, NE Bid Security: Arch Insurance Company Great American Ins. Co. Exceptions: None None Base Bid Price: $69,750.00 $91,000.00 Alternate #1: $42,475.00 $35,000.00 Alternate #2: $52,340.00 $62,000.00 Total Bid: $164,565.00 $188,000.00 Bidder: Environmental Direct, Inc. Grand Island, NE Bid Security: Arch Insurance Company Exceptions: None Base Bid Price: $62,500.00 Alternate #1: $39,500.00 Alternate #2: $49,500.00 Total Bid: $151,500.00 cc: Steve Paustina, Park & Recreation Director Patti Buettner, Parks & Rec. Sec. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1047 Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-2 WHEREAS, the City of Grand Island invited sealed bids for Asbestos Abatement and Building Demolition and Removal for the Parks and Recreation Department, according to specifications on file with the Parks and Recreation Department office; and WHEREAS, on December 29, 2005, bids were received, opened and reviewed; and WHEREAS, Environmental Direct, Inc. of Grand Island, Nebraska, 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 amount of $62,500.00; and WHEREAS, such bid is below the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Environmental Direct, Inc. of Grand Island, Nebraska, in the amount of $62,500.00 for asbestos abatement and building demolition and removal is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-3 - Approving Bid Award - Circulating Water Pump Motor - Platte Generating Station, Utilities Department Tuesday, January 10, 2006 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: January 10, 2006 Subject: Circulating Water Pump Motor Item #’s: G-7 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. Each of these pumps is driven by a 700 hp motor. 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. That motor is being repaired. However, due to the essential nature of this system and the long lead times required to repair or obtain a replacement motor, it is the recommendation of the Utilities Department that a new motor be purchased as a spare. Specifications were developed for a replacement motor by our consultant for this project, Black & Veatch, and were issued in accordance with City purchasing procedures. Discussion The specifications for the Circulating Water Pump Motor were issued for bid and responses were received from the following bidders. The engineer’s estimate for this project was $112,000.00. Bidder Motor Manuf. Bid Price Rocky Mountain Electric Motors, Grand Junction, CO (US Motor) $ 93,945.64 * Malloy Electric, Inc., Sioux City, IA (US Motor) $102,377.20 Northwest Electric, Inc., Columbus, NE (Weg) $103,052.40 * Hupp Electric, Inc., Cedar Rapids, IA (Weg) $107,066.54 * Colin Electric Motor Service (Weg) $117,329.75 Rocky Mountain Electric Motors, Grand Junction, CO (Siemens) $146,282.08 * * Bid price adjusted for sales tax The bids were reviewed for compliance with the City’s detailed specifications. The bids from Rocky Mountain Electric and Mallory Electric propose to provide a motor that does not meet the specifications. The US Motor proposed in the bids from these two suppliers does not meet the torque requirements called for in the technical specifications. Therefore, those bids are non-compliant with the specifications. The next low bid, from Northwest Electric, meets the requirements of the technical specification with only minor exceptions that are acceptable to the Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the award of the contract for the Circulating Water Pump Motor 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 award the purchase of a Circulating Water Pump Motor to Northwest Electric from Columbus, Nebraska, as the low responsive bidder, at a purchase price of $103,052.40. Sample Motion Motion to approve the bid of $103,052.40 from Northwest Electric of Columbus, Nebraska, for the Circulating Water Pump Motor as submitted. 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 28, 2005 at 11:00 a.m. FOR: Circulating Water Pump Motor DEPARTMENT: Utilities ESTIMATE: $112,000.00 FUND/ACCOUNT: E-525 PUBLICATION DATE: December 9, 2005 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: Colin Electric Motor Service Hupp Electric Motors Lincoln, NE Cedar Rapids, IA Bid Security: $6,977.41 $5,072.00 Exceptions: Noted Noted Bid Price: $117,329.75 $101,428.00 Bidder: Northwest Electric, Inc. Rocky Mountain Electric Motors Columbus, NE Grand Junction, CO Bid Security: Travelers Casualty & Surety $7,400.00 Exceptions: Noted Noted Bid Price: $105,032.26 $146,144.58 Bidder: Rocky Mountain Electric Motors Malloy Electric Grand Junction, CO Sioux City, IA Bid Security: $5,000.00 $5,200.00 Exceptions: Noted Noted Bid Price: 93,808.14 $102,377.20 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Pat Gericke, Utilities Admin. Sec. Karen Nagel, Utilities Secretary Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1045 Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-3 WHEREAS, the City of Grand Island invited sealed bids for Circulating Water Pump Motor for the Utilities Department, according to specifications on file at Platte Generating Station; and WHEREAS, on December 28, 2005, bids were received, opened and reviewed; and WHEREAS, Northwest Electric, Inc. of Columbus, Nebraska, 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 amount of $103,052.40; and WHEREAS, such bid is below the estimate for such motor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Northwest Electric, Inc. of Columbus, Nebraska, in the amount of $103,052.40 for a circulating water pump motor is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-4 - Approving Bid Award - Platte River Well Field - Wells 6 & 7 Earthwork (Contract 2006-WF-1) Tuesday, January 10, 2006 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: January 10, 2006 Subject: Bid Award for Contract 2006-WF-1 – Platte River Wellfield Wells Six (6) and Seven (7) Earthwork Item #’s: G-8 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department is replacing wells six (6) and seven (7) at the Platte River Wellfield. Since the Wellfield is in a flood prone area, all structures and facilities there are placed substantially above the natural elevation of the land. Contract 2006-WF-1 provides for the earth moving work necessary for installation of the pump foundations, well closure buildings and access roads. The raised elevation also provides protection against surface water intrusion during flood events to protect the groundwater quality of the wells. Attached for reference is a site drawing. Discussion The contract bid solicitation was publicly advertised and the bid documents were sent to seve n potential bidders. Bids were opened in accordance with City Procurement Codes at 11:00 a.m. on December 29, 2005. Two bids were received as tabulated below: Bidder Exceptions Bid Price The Diamond Engineering Company None $39,356.61 Grand Island, NE Hooker Brothers Construction None $28,420.00 Grand Island, NE Both bids have been evaluated by Utility Engineering staff. Both are complete and are without exceptions. The project is scheduled for completion by April 1, 2006. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the award of Well Field Contract 2006-WF-4 to the low responding bidder 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 award Contract 2006-WF-1, Platte River Wellfield Wells Six (6) and Seven (7) Earthwork, to the low responsive bidder, Hooker Brothers Construction of Grand Island, NE, in the amount of $28,420.00. Sample Motion Motion to the award of Contract 2006-WF-1 to Hooker Brothers Construction. 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 29, 2005 at 11:00 a.m. FOR: Contract 2006-WF-1 Platte River Well Field – Wells 6 & 7 Earthwork DEPARTMENT: Utilities ESTIMATE: $35,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: December 12, 2005 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: The Diamond Engineering Co. Hooker Brothers Construction Grand Island, NE Grand Island, NE Bid Security: Universal Surety Company Western Surety Company Exceptions: None None Bid Price: $39,356.61 $28,420.00 cc: Gary Mader, Utilities Director Bob Smith, Asst. Utilities Dir. Tom Barnes, Utilities Eng. Manager Pat Gericke, Utilities Admin. Sec. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1048 Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-4 WHEREAS, the City of Grand Island invited sealed bids for Contract 2006-WF-1, Platte River Well Field Wells 6 & 7 Earthwork, according to specifications on file with the Utilities Engineering Office at Phelps Control Center; and WHEREAS, on December 29, 2005, bids were received, opened and reviewed; and WHEREAS, Hooker Brothers Construction of Grand Island, Nebraska, 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 amount of $28,420.00; and WHEREAS, such bid is below the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Hooker Brothers Construction of Grand Island, Nebraska, in the amount of $28,420.00 for Contract 2006-WF-1, Platte River Well Field Wells 6 & 7 Earthwork is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2006-5 - Approving Continuation of Water Main District 452 - Knott Avenue, Lake Street and Tri Street Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: January 10, 2006 Subject: Continuation of Water Main District 452 Item #’s: G-9 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department received a request for a water main district to serve the properties along Knott Avenue, Lake Street, and Tri Street. The area is located south of U.S. Highway 34 and west of Locust Street. Per the request, District 452 was created by Ordinance 9015 to provide service to the single family homes in the area and the new commercial development being planned along the west side of Locust Street. Discussion The proposed installation would be done as an assessment district. This is the standard method for installing water mains in developed areas that request City service. The eligible construction costs are charged to the property owners within the district’s boundary. Assessments can be financed with the Water Department to be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record within the boundaries of District 452 were notified of its creation and had thirty days to submit objection to the project. The protest period ended at 5:00 p.m., December 15, 2005. One letter of protest was received against District 452. That protest represents 101.0 feet of the total 3,072.87 of frontage, or 3.3%. Since protest was received from less than 50% of the front footage of the land owners, the district may be continued by Council, per Nebraska Statute, 16.667.01, RRS 1943. See the attached plat indicating the protesting property’s location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the continuation of Ordinance 9015, creating Water Main District 452 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 continue Water Main District 452. Sample Motion Motion to approve the continuation of Water Main District 452. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-5 WHEREAS, Water Main District No. 452 was created by Ordinance No. 9015 on November 8, 2005; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on December 15, 2005; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 452 which represented 3.3% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 452, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-6 - Approving Change Order No. 1 to the Contract with A&R Construction for Street Improvement District 1255; Independence Avenue, Shanna Street & Lariat Lane Tuesday, January 10, 2006 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: January 10, 2006 Subject: Approving Change Order No. 1 to the Contract with A&R Construction for Street Improvement District 1255; Independence Avenue, Shanna Street & Lariat Lane Item #’s: G-10 Presenter(s): Steven P. Riehle, Public Works Director Background On April 4, 2005 the City of Grand Island entered into a contract with A & R Construction for construction of Street Improvement District 1255; Independence Avenue, Shanna Street and Lariat Lane. 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 $798.00, with the following changes: A. Construct four (4) concrete collars for storm sewer pipe located at both ends of the concrete storm sewer that is tapped into the box culvert. (4 @ $125.00 ea =$500.00) B. Replace a broken sanitary sewer manhole ring and cover located on Shanna Street west of Lariat Lane. (1 @ $298.00) 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 approve Change Order No. 1 to the contract with A & R Construction Co. for construction of Street Improvement District 1255. Sample Motion Motion to approve Change Order No.1. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-6 WHEREAS, on March 8, 2005, by Resolution 2005-62, the City of Grand Island awarded the bid for Street Improvement District No. 1255 to A & R Construction Co. of Plainview, Nebraska; and WHEREAS, on March 22, 2005, by Resolution 2005-84, the City of Grand Island approved a corrected bid amount of $416,354.66 for such contract; and WHEREAS, it has been determined that modifications to the work to be performed by A & R Construction Co. 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 $798.00 for a revised contract price of $417,152.66. 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 A & R Construction Co. of Plainview, Nebraska to provide the modification set out as follows: Construct 4 concrete collars for storm sewer pipe located at both ends of the concrete storm sewer that is tapped into the box culvert....................................................................................500.00 Replace broken sanitary sewer manhole ring and cover .................................................................298.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2006-7 - Approving Certificate of Final Completion for Street Improvement District 1255; Independence Avenue, Shanna Street & Lariat Lane Tuesday, January 10, 2006 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: January 10, 2006 Subject: Certificate of Final Completion for Street Improvement District 1255; Independence Avenue, Shanna Street & Lariat Lane Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Street Improvement District 1255 was awarded to A & R Construction Company of Plainview, NE on March 8, 2005. Work commenced on August 4, 2005 and was completed on October 7, 2005. Discussion Street Improvement District 1255 was completed in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. The project was completed on schedule at a construction price of $412,912.70. To tal cost of the project, including contract administration, is $549,297.66. Costs for the project break down as follows: Original Bid $ 416,354.66 Underruns ($ 4,239.96) Change Order #1 $ 798.00 Sub Total (Construction Price) $ 412,912.70 Additional Costs: Outside Engineering (Olsson Assoc.) $ 128,126.71 Contract Administration, Engineering, and Publication Costs $ 8,258.25 Total Cost $ 549,297.66 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Certificate of Final Completion. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Street Improvement District 1255. Sample Motion Move to approve the Certificate of Final Completion. ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT DISTRICT 1255 CITY OF GRAND ISLAND, NEBRASKA JANUARY 10, 2006 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1255 has been fully completed by A & R Construction Company of Plainview, NE under the contract dated April 4, 2005. The construction of this street improvement district has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement District 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. District No. 1255, Independence Avenue, Shanna Street & Lariat Lane Item Total Unit Total No. Description Quantity Price Cost SECTION A - SURFACING 1. Earthwork 1.00 LS $8.000.00 $ 8,000.00 2. 7” Concrete Pavement 5542.90 SY $21.57 $ 18,870.36 3. 6” Concrete Pavement 6397.30 SY $20.00 $ 228,636.00 4. 6” Concrete Integral Curb 5119.70 LF $1.35 $ 6,911.60 5. 7” Asphaltic Concrete Pavement 0 TN $51.00 $ 0 6. 6” Concrete Driveway 96.50 SY $22.00 $ 2,123.00 7. Concrete Header 41.00 LF $5.00 $ 205.00 8. 6” Concrete Bike Trail 336.70 SY $20.11 $ 6,771.04 9. Adjust Manhole to Grade 8.00 EA $150.00 $ 1,200.00 10. Adjust Valve Box to Grade 42.00 EA $65.00 $ 2,730.00 11. Seeding 3.00 AC $1,200.00 $ 3,600.00 12. Overexcavation 334.00 CY $7.00 $ 2,338.00 13. Remove Existing Asphalt Pvmt. 283.10 SY $5.00 $ 1,415.50 14. Remove 6” Concrete Bike Trail 331.10 SY $3.00 $ 993.30 15. Clearing & Grubbing 1.00 LS $2,500.00 $ 2,500.00 16. Remove Gravel Drive 26.00 SY $5.00 $ 130.00 17. Remove Concrete Drive 98.80 SY $4.00 $ 395.20 18. Remove Concrete Header 37.00 LF $4.00 $ 148.00 TOTAL SECTION A $286,966.99 SECTION B – STORM SEWER 19. 3.5’ x 4.0’ Modified “D” Curb Inle t 7.00 EA $1,250.00 $ 8,750.00 20. 4.0’ x 4.0’ Modified “D” Curb Inlet 3.00 EA $1,250.00 $ 3,750.00 21. 4.5’ x 4.0’ Modified “D” Curb Inlet 0 EA $1,350.00 $ 0 22. 4.0’ x 4.0’ Storm Sewer Manhole 1.00 EA $1,250.00 $ 1,250.00 23. 47B Concrete For Box Culvert 179.00 CY $255.00 $ 45,645.00 24. Reinforcing Steel For Box Culvert 19860.00 LB $0.73 $ 14,497.80 25. 47B Concrete For Headwalls 10.00 CY $257.00 $ 2,570.00 26. Reinforcing Steel for Box Culvert 830.00 LB $0.73 $ 605.90 27. Earthwork for Box Culvert & HW 1.00 LS $7,000.00 $ 7,000.00 28. Manhole Entrance to Box Culvert 1.00 EA $650.00 $ 650.00 29. 15” Reinforced Concrete SS Pipe 447.00 LF $20.21 $ 9,033.87 30. 18” Reinforced Concrete SS Pipe 479.00 LF $22.54 $ 10,796.66 31. 18” Rnd. Equ. Reinforced Pipe 40.00 LF $48.00 $ 1,920.00 32. 24” Reinforced Concrete SS Pipe 427.00 LF $30.24 $ 12,912.48 33. 30” Reinforced Concrete SS Pipe 26.00 LF $52.00 $ 1,352.00 34. 15” Reinforced Cncrte Flared End 1.00 EA $333.00 $ 333.00 35. 18” Reinforced Cncrte Flared End 3.00 EA $377.00 $ 1,131.00 36. 18” Rnd. Equ. Reinforced End 2.00 EA $555.00 $ 1,110.00 37. 24” Reinforced Cncrte Flared End 2.00 EA $444.00 $ 888.00 38. Remove Concrete Splash Pad 55.00 $4.00 $ SY 220.00 39. Remove Existing Culvert 244.00 LF $3.00 $ 732.00 TOTAL SECTION B $ 125,147.71 TOTAL SECTIONS A & B $ 412,114.70 CHANGE ORDER NO. 1 $ 798.00 SUB TOTAL (CONSTRUCTION COST) $ 412,912.70 Additional Costs: Outside Engineering (Olsson Assoc.) $ 128,126.71 Contract Administration, Engineering and Publication Costs - City $ 8,258.25 TOTAL COST OF STREET IMPROVEMENT DISTRICT 1255 $ 549,297.66 Informational Costs Average front foot cost based on Front Foot Method is $68.51 Amount Assessable to Property Owners Including City Property is $315,637.57 City Property Costs is $46,621.78 Total City Cost is $280,281.87 Respectfully submitted, Steven P. Riehle Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - January 10, 2006 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement District No. 1255, be approved. I further recommend that the Costs of Engineering be credited to Account No. 10033001-74516 from Account No. 40033530-90061 in the amount of $8258.25. I further recommend that the City Council sit as the Board of Equalization on February 14, 2006 to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-7 WHEREAS, the City Engineer / Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Street Improvement District No. 1255 located in Independence Avenue, Shanna Street, and Lariat Lane, certifying that A & R Construction Co. of Plainview, Nebraska, under contract dated April 4, 2005, has 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 Street Improvement District No. 1255 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on February 24, 2006 to determine benefits and set assessments for Street Improvement District No. 1255. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-8 - Approving Continuation of Street Improvement District 1258, Faidley Avenue West of Diers Avenue - Extending West for Six Hundred Fifty Feet (650 Feet) Tuesday, January 10, 2006 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: January 10, 2006 Subject: Approving Continuation of Street Improvement District 1258, Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background Street Improvement District 1258 was created by the City Council on November 22, 2005. Legal notice of creation of the District was published in the Grand Island Daily Independent on November 29, 2005. Notification was also mailed to the property owners on that date, stating that the construction would take place unless more than 50% of the abutting landowners submitted written protests during the protest period. Discussion Faidley is now paved for approximately 900’ west of Diers Avenue. This district will extend the paving for another 650’ to the west. A future district(s) will pave the remaining 2000’ to North Road. This district completed the 20-day protest period at 5:00 p.m., Monday, December 19, 2005. No protests were filed against this district. Accordingly, the District may be continued and constructed. Alternatives It appears that Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the continuation and construction of Street Improvement District 1258. 2. Refer the issue to committee. 3. Postpone the issue. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the continuation and construction of District 1258. Sample Motion Move to approve the continuation and construction of Street Improvement District 1258. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-8 WHEREAS, Street Improvement District No. 1258, Faidley Avenue extension, was created by Ordinance No. 9016 on November 22, 2005; and WHEREAS, notice of the creation of such street improvement district was published in the Grand Island Independent in accordance with the provisions of Section 16-619, R.R.S. 1943; and WHEREAS, Section 16-620, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within twenty days from the first publication of said notice written objections to such street improvement district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on December 19, 2005, and no protests were filed with the City Clerk against the creation of Street Improvement District No. 1258. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests having been filed with the City Clerk against the creation of Street Improvement District No. 1258, such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-9 - Approving a Time Extension to the Contract with The Diamond Engineering Company for Construction of the Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; 2005-D-2 Tuesday, January 10, 2006 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: January 10, 2006 Subject: Approving a Time Extension to the Contract with The Diamond Engineering Company for Construction of the Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; 2005-D-2 Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background The City Council awarded the bid for construction of the Concrete Ditch Lining, 2005-D- 2, to The Diamond Engineering Company on September 13, 2005. Diamond Engineering is requesting a time extension to complete the work. Discussion The contractor completed the concrete ditch lining east of Idaho Avenue. The ditch lining west of Idaho was delayed by the city so the contractor could concentrate their efforts on the concrete pavement repair on US HWY 281 and the City Library Sanitary Sewer. Both of these projects were more critical. Any changes to the contract require council approval. Diamond Engineering is requesting that the final completion date be changed from December 1, 2005 to May 5, 2006. 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 time extension. 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 extend the completion date to May 5, 2006. Sample Motion Move to approve the time extension. City of Grand Island CONTRACT TIME EXTENSION 100 East First Street Grand Island NE 68801 PROJECT: Concrete Ditch Lining for Capital Heights Ditch; 2005-D-2 CONTRACTOR: The Diamond Engineering Company AMOUNT OF ORIGINAL CONTRACT: $48,234.75 CONTRACT DATE: September 16, 2005 Notice to Proceed Date…………………………………… …………September 19, 2005 Original Completion Date …………………….………………………….December 1, 2005 Revised Completion Date ……………...…………………..……...…….....… May 5, 2006 Contractor The Diamond Engineering Company By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Mayor Attest: City Clerk IndependenceAvenueNevada Avenue Arizona Avenue Idaho AvenueConcrete Ditch Lining Section to be Completed Completed Section Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-9 WHEREAS, on September 13, 2005, by Resolution 2005-257, the City Council of the City of Grand Island approved the bid of The Diamond Engineering Company of Grand Island, Nebraska for Concrete Lining of the Capital Heights Ditch between Arizona Avenue and Nevada Avenue from Independence Avenue to east of Idaho Avenue; and WHEREAS, the completion of such project has been delayed due to the City requesting the contractor to complete other higher priority City projects; and WHEREAS, The Diamond Engineering Company has requested an extension from December 1, 2005 to May 6, 2006 in order to complete the concrete ditch lining project; and WHEREAS, the Public Works Department is agreeable to such contract extension. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for Concrete Lining of the Capital Heights Ditch between Arizona Avenue and Nevada Avenue from Independence Avenue to east of Idaho Avenue is hereby extended until May 5, 2006. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Contract Modification on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-10 - Approving Transferring the Deferral of Assessments for Agricultural Property at 3732 W Husker HWY (from Gladys Schoel to Jerome Schoel); for Sanitary Sewer District 512 Tuesday, January 10, 2006 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: January 10, 2006 Subject: Approving Transferring the Deferral of Assessments for Agricultural Property at 3732 W Husker HWY (from Gladys Schoel to Jerome Schoel); for Sanitary Sewer District 512, Mary Lane and Kentish Hills Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background City Council action is required to approve deferral of special assessments. Payments of deferred assessments begins once the property is no longer being used for agricultural purposes; at which point the property no longer qualifies for the deferment. Discussion Gladys Schoel owned the agricultural property adjacent to Sanitary Sewer District 512. On December 9, 2003 the City Council approved an agricultural deferment for this property. Mrs. Schoel recently passed away and the property was transferred to Jerome Schoel. Jerome Schoel filed an application for deferral from special assessments with the Hall County Register of Deeds on December 6, 2005 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 request for an agricultural deferment. 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 request for transferring the agricultural deferral. Sample Motion Move to approve the agricultural deferral. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-10 WHEREAS, on October 28, 2003, by Ordinance No. 8862, the City of Grand Island created Sanitary Sewer District No. 512; and WHEREAS, such district includes land adjacent to the City, some of which is and continues to be, within an agricultural use zone and is used exclusively for agricultural use; and WHEREAS, on December 9, 2003, by Resolution 2003-365, the City Council of the City of Grand Island approved an agricultural deferment for property located in such district owned by Gladys V. Schoel; and WHEREAS, Mrs. Schoel passed away and such property was transferred to Jerome K. Schoel on November 29, 2005 according to a Deed of Distribution; and WHEREAS, such property continues to be used exclusively for agricultural purposes; and WHEREAS, an Application for Deferral from Special Assessments was filed by Jerome K. Schoel with the Hall County Register of Deeds on December 6, 2005 as Instrument No. 0200511991 pertaining to such property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The special assessments levied against Gladys V. Schoel under Sanitary Sewer District No. 512 are hereby transferred to Jerome K. Schoel, and shall be deferred until terminated in accordance with Neb. Rev. Stat. §19-2430. 2. That during said deferral, no principal payments shall become due and no interest shall accrue upon the assessment. 3. That the special assessment shall be divisible upon a pro rata basis of the original assessment in the event a portion of the land shall no longer be eligible for deferral. 4. That upon termination of deferral, the principal amount of the special assessment shall be amortized over a term of ten years from that date. The first such installment shall become delinquent in fifty days after termination of deferral. Each installment except the first shall draw interest at seven percent (7%) per annum from and after the date of termination of deferral until the same shall become delinquent. Delinquent installments shall draw interest at fourteen percent (14%) per annum. Approved as to Form ? _______________ January 4, 2006 > City Attorney - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Item G15 #2006-11 - Approving State Bid Award for 3/4 Ton Pickup Truck (Waste Water Division of the Public Works Department) Tuesday, January 10, 2006 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: January 10, 2006 Subject: Approving State Bid Award for ¾ Ton Pickup Truck (Waste Water Division) Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background The Waste Water Division of the Public Works Department is purchasing a 2006 Ford F- 250 four wheel drive, extended cab pickup. The four wheel drive pickup is used by the sewer maintenance crew in easements/alleys during all types of weather cond itions. Funds for the truck were in the approved 2005/2006 budget ($30,000 on page 270 of the 2005 / 2006 Annual Budget Report). Discussion The ¾ ton extended cab pickup truck awarded under State of Nebraska contract #11414 OC meets all of the requirements for the Waste Water Division. The following is a summary of the State bid contract. Bidder Exceptions Total Cost Anderson Ford Grand Island, Nebraska None $23,861.00 There are sufficient funds for this purchase in Account No. 53030054-85625. 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 $23,861.00. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-11 WHEREAS, the Waste Water Waste Division of the Public Works Department budgeted in the 2005/2006 fiscal year to purchase 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 $23,861.00 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, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2006-12 - Approving Setting Board of Equalization Date for Annual Mowing Assessments Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: January 10, 2006 Subject: Accepting Report of Delinquent Weed Abatement Costs and Setting a Public Hearing for the Board of Equalization to Assess Weed Abatement Costs Item #’s: G-16 Presenter(s): Douglas R. Walker, City Attorney Background Article III of Chapter 17 to the Grand Island City Code contains a procedure for abating nuisances created by properties that have excessive growths of weeds, grasses and other vegetation. The City Code provides for owners to receive a notice to cut their weeds and grasses and if the owners do not comply with such notice, then the City is authorized to proceed to have the work done and bill the property owner. Once the property owner has been billed, if the owner fails to pay the bill or refuses to do so, the City is authorized by Section 17-38 of the City Code to levy an assessment on the property for the amount of the mowing expenses. Discussion The City Council is being asked to accept the report on the unpaid weed expenses and set a date of February 14, 2006, for a Board of Equalization hearing to establish the benefits for the 2005 weed abatement program. A notice was sent to property owners who did not keep their weeks and grasses mowed. When the property owners did not respond to the notice, the City contracted to have the properties mowed and then sent a statement to the property owners for the cost of the mowing. Setting a Board of Equalization hearing for the determination of benefits and levying of special assessments on the properties is the next step in the process of collecting on the mowing expense from those property owners who have not paid their mowing statements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Set a date authorizing a Board of Equalization hearing to establish the benefits of the weed abatement program. 2. Do not set a date for a public hearing for the determination of benefits and levying an assessment against the property owners who have not paid their mowing bills. 3. Table the issue. Recommendation City Administration recommends that the Council set a public hearing date of February 14, 2006, for a Board of Equalization to determine the benefits of mowing done during 2005 and levy the unpaid benefits as a lien against the properties that were mowed. Sample Motion Approve setting a Board of Equalization hearing on February 14, 2006, to approve the levying of assessments for unpaid mowing in 2005 against the properties which benefited from this service. Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-12 WHEREAS, pursuant to Article III of Chapter 17 of the Grand Island City Code, for reason of the failure of the owners, agents, occupants, or persons in possession, charge, or control of lots, tracts, or parcels of land in the City to comply with the notices of the City Council in regard to the cutting and removing of weeds and other rank growth of vegetation, such weeds and other rank growth of vegetation were caused to be removed by the City, and the actual expenses thereof have been audited and paid by the City; and WHEREAS, the owners, agents, occupants, or persons in possession, charge or control of lots, tracts or parcels of land whereon such weeds and other rank growth of vegetation were caused to be cut by the City and are in default of payment of the expenses and costs incurred by the City therefor; and WHEREAS, the Finance Department for the City has reported the expenses and costs of such weed cutting to the City Council and recommends that the City Council sit as a Board of Equalization to assess the expenses and costs thereof to the respective lots, tracts, or parcels of land. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The report of the Finance Department for the City pertaining to the cutting of weeds and other rank growth of vegetation is hereby accepted. 2. The City Council shall sit as a Board of Equalization to determine the benefits of such weed cutting on February 14, 2006 at 7:00 p.m. 3. The City Clerk shall give notice, as required by Section 16-707, R.R.S. 1943, as amended, by one publication in the Grand Island Independent that the City Council will sit as a Board of Equalization on the date and time set forth above, at least ten (10) days prior thereto; and further, that the City Clerk, within five (5) days after the date of publication of the above notice, shall send by U.S. mail, a copy of the published notice to each and every party appearing to have a direct legal interest in such proceeding whose name and post office addresses are known, in accordance with the provisions of Section 25-520.01, R.R.S. 1943, as amended. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2006-13 - Approving Addendum to the Memorandum of Understanding with Case New Holland Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: January 10, 2006 Subject: Addendum to Memorandum of Understanding to CNH Agreement Item #’s: G-17 Presenter(s): Douglas R. Walker, City Attorney Background On December 17, 2002, a Memorandum of Understanding (MOU), which was a mutual agreement for inducement loans and benefits to encourage CNH to upgrade and expand their manufacturing facility in Grand Island was approved and executed by the City and Case New Holland North America, Inc. (CNH). Paragraph 17 of the original agreement was subsequently amended by an Addendum to the Memorandum of Understanding executed on April 14, 2005. CNH has now requested that Paragraph 13 of the MOU be amended so that CNH is not required to access the Grand Island Partners Loan (1 (GIPL #1) prior to or simultaneously to seeking the forgivable loan from the City of Grand Island. Discussion Since the original MOU was prepared providing incentives for the expansion of the CNH facility south of Stolley Park Road, it has not been necessary for the company to access the funds available through the GIPL loans made available in the MOU and referred to as GIPL #1 and GIPL #2. CNH has requested that the forgivable loan as set forth in paragraphs 9 through 15 of the MOU be made available for an equipment purchase. The MOU requires that the funds available through GIPL #1 be accessed prior to or simultaneously to disbursements of the forgivable loan. The Second Addendum would remove the requirement that the forgivable loan be accessed prior to or simultaneously to obtaining the forgivable loan by revising 13(a) and 13(f) of the MOU. The other requirements for the forgivable loan would remain the same since the loans are from CDBG funds which must meet Nebraska Department of Economic Development requirements as well as some federal requirements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Second Addendum to the original MOU with CNH. 2. Refer the issue to a Committee or study session for further discussion. 3. Postpone the issue to future date. 4. Reject the Second Addendum, in which case the requirements of the original MOU would remain in effect. Recommendation City Administration recommends that the Council approve the Second Addendum to the Memorandum of Understanding. It appears that the changes requested by CNH are reasonable and will be of greater benefit to the company and the community without having an adverse budgetary impact. Sample Motion Motion to approve the Second Addendum to the Memorandum of Understanding (Mutual Agreement for Inducement Loans and Benefits) with Case New Holland North America, Inc., a corporation (CNH). SECOND ADDENDUM TO MEMORANDUM OF UNDERSTANDING Mutual Agreement for Inducement Loans and Benefits THIS SECOND ADDENDUM TO AGREEMENT is executed and delivered on ___________, 2005, by the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation (City), NEW HOLLAND NORTH AMERICA, INC., a Corporation (CNH), GRAND ISLAND AREA ECONOMIC DEVELOPMENT CORPORATION, a Corporation (EDC), and WELLS FARGO BANK NEBRASKA, a Corporation, as lender of GRAND ISLAND PARTNERS (GIP). RECITALS WHEREAS, the above referenced parties entered into a Memorandum of Understanding dated December 17, 2002, (hereinafter referred to as MOU), a copy of which is attached hereto as Exhibit “A” and made a part hereof by reference, for a mutual agreement for inducement loans and benefits for the improvement and development of the CNH facility in Grand Island, Nebraska; and, WHEREAS, the above referenced parties have also entered into an addendum to the Memorandum of Understanding, Mutual Agreement for Inducement Loans and Benefits on April 14, 2005; and WHEREAS, the parties hereto are in agreement with the need for a Second Amendment to the MOU. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties do hereby agree and contract as follows: 1. The parties hereto agree that paragraph thirteen of the MOU shall be amended as of the date of this Addendum to the MOU as follows: 13(a). Forgivable Loan funds may be disbursed prior to accepting any disbursements under the GIPL #1. 13(f). The City shall receive written funding commitments from CNH for matching funds for their share of the project. 2. Except as specifically modified by this Addendum to the MOU, all other terms and provisions of the MOU, Mutual Agreement fo r Inducement Loans and Benefits and the Addendum to Memorandum of Understanding previously executed by and between the parties to the agreement shall remain in full force and effect. 2 CITY OF GRAND ISLAND, NEBRASKA, NEW HOLLAND NORTH AMERICA, A A Municipal Corporation, INC., A Corporation By:__________________________________ By:_________________________________ Jay Vavricek, Mayor Steven G. Lee, General Manager New Holland North America, Inc. Grand Island Plant ATTEST: _____________________________________ RaNae Edwards, City Clerk WELLS FARGO BANK NEBRASKA, GRAND ISLAND AREA ECONOMIC A Corporation, as Lead Lender for DEVELOPMENT CORPORATION, ISLAND PARTNERS, A Corporation, By:__________________________________ By:_________________________________ Kurt A. Haecker Kurt A. Haecker, Chairman Community Banking President Approved as to Form ¤ ___________ January 4, 2006 ¤ City Attorney R E S O L U T I O N 2006-13 WHEREAS, on December 17, 2002, by Resolution 2002-394, the City of Grand Island approved a Memorandum of Understanding (MOU) with New Holland North America, Inc. (CNH) to lend funds and provide inducements in support of the operation of the Grand Island manufacturing facility; and WHEREAS, on January 25, 2005, the City Council passed Resolution 2005-25 authorizing an Addendum to the MOU amending Paragraph 17 of the agreement and said addendum was executed on April 14, 2005; and WHEREAS, CNH has requested that it be given access to the forgivable loan proceeds without borrowing the money made available in the Grand Island Partners Loan No. 1; and WHEREAS, amending the MOU will enhance the ability of CNH to retain jobs at its Grand Island facility; and WHEREAS, the Addendum to the Memorandum of Understanding 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 Second Addendum to the Memorandum of Understanding with New Holland North America, Inc. to modify Paragraph 13(a) and 13(f) of the Memorandum of Understanding to remove the requirement that CNH borrow the money made available through GIPL#1 prior to or simultaneous to taking funds of the forgivable loan is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Addendum on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 10, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of the Request of The Cigarette Store Corp. dba Smoker Friendly, 724 West 2nd Street for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, January 10, 2006 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 21, 2005 through January 10, 2006 The Claims for the period of December 21, 2005 through January 10, 2006 for a total amount of $2,489,445.25. A MOTION is in order. Tuesday, January 10, 2006 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 December 21, 2005 through January 10, 2006 The Claims for the Library Expansion for the period of December 21, 2005 through January 10, 2006 for the following requisitions. #14 $ 5,494.88 A MOTION is in order. Tuesday, January 10, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council