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04-11-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, April 11, 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 Nancy Lambert, Trinity United Methodist Church, 511 North Elm 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 Proclamation "Child Abuse Prevention Month" April 2006 Because all children deserve love, comfortable homes, and tender care from parents and adults who make them feel safe, happy and loved and because many children were involved in substantiated cases of abuse and neglect in 2005, and because the effects of child abuse are felt by whole communities and need to be addressed by the entire community, the Mayor has proclaimed the month of April, 2006 as "Child Abuse Prevention Month". See attached PROCLAMATION. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, a total of 1,651 child abuse and neglect cases were investigated and a total of 248 cases were substantiated through the Grand Island Regional Nebraska Health and Human Services System in 2004; and WHEREAS, the effects of child abuse are felt by whole communities and must be addressed by the entire community; and WHEREAS, effective child abuse prevention programs succeed because of partnerships created among social service agencies, schools, religious organizations, law enforcement agencies, and the business community; and WHEREAS, all citizens should become more award of child abuse and its prevention within the community and become involved in supporting parents to ensure their children are valued, safe, and healthy. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the month of April, 2006 as “CHILD ABUSE PREVENTION MONTH” in the City of Grand Island, and encourage all citizens to accept their responsibility for reporting and preventing child abuse and to wear a Blue Ribbon to show that it shouldn’t hurt to be a child. Remembering that, every child should be valued, safe, and healthy and deserves a Blue Ribbon. You have the power to protect a child. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this eleventh day of April in the year of our Lord Two Thousand and Six. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item D1 #2006-BE-4 - Board of Equalization Hearing for Water Main District 449T - North Road and Faidley Avenue Tuesday, April 11, 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: April 11, 2006 Subject: Water Main District 449T – North Road and Faidley Avenue Item #’s: D-1 & G-17 Presenter(s): Gary R. Mader, Utilities Director Background Water Main District 449T was created to extend a 24” diameter main north along North Road, from the Roger’s Pumping Station to Greenwood Drive and a 12” diameter water main east, within the Faidley Avenue extended right-of-way, from North Road to Claude Road extended. A map of the District is attached for reference. The Project is part of the Water Department’s master plan to provide City water service extension to developing areas in the west and northwest parts of the City, and to provide trunkline capacity for expanded pumping capacities at the reservoir at North Road and Potash. Discussion This trunkline construction was done as a connection district, which has been the department’s standard method for completing needed system expansions through undeveloped areas. The connection fees associated with the district would not be collected until the water main is actually “tapped” to provide direct service to an adjacent property when it develops. The total cost to construct Water Main District 449T was $349,454.36. The connection fee chargeable amount is $188,844.29. The chargeable amount for water service connections is based on current prices for the installation of an 8” main. The price difference between the chargeable amount and the actual construction cost is the Department’s cost for over-sizing above the standard 8” diameter pipe size. The connection fees are computed by taking the total chargeable amount ($188,844.29) and dividing it by the district’s frontage (5,856.32 lf.) along North Road and Faidley Avenue. This arrives at a per front foot fee of $32.246239. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the connection fee amounts for Water Main District 449T 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the connection fee amounts for Water Main District 449T be set for the properties within the District as tabulated on the attached listing. Sample Motion Motion to approve the connection fee amounts for Water Main District 449T. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-BE-4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 449T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $188,844.29; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Water Main District No. 449T, such benefits are the sums set opposite the several descriptions as follows: Name Description Connection Fee T & E Cattle Company Commencing at the point 430.0 feet south of the northwest corner of the Southwest Quarter (SW1/4) of Section 13-11-10; thence easterly along the northerly right-of-way line of Faidley Avenue, a distance of 146.0 feet to the Actual Point of Beginning; thence continuing easterly along the northerly right-of-way line of said Faidley Avenue, a distance of 956.80 feet to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 960.0 feet, the long chord of which deflects 20º55'08" left from the last described course, a long chord distance of 685.53 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose radius is 1,040.0 feet, the long chord of which deflects 11º18'35" left from the last described course, a long chord distance of 213.17 feet, to a point on the southerly right- of-way line of the Moore's Creek Outfall Ditch; thence westerly along the southerly right-of-way line of said Moore's Creek Outfall Ditch; a distance of 1,775.7 feet, to the easterly right-of-way line of said Moore's Creek Outfall Ditch; thence southerly along the easterly right- of-way line of said Moore's Creek Outfall Ditch, a distance of 370.0 feet to the said point of beginning. $59,832.89 T & E Cattle Company Commencing at the northeast corner of the Southwest Quarter (SW1/4) of Section 13-11-10; thence westerly along the northerly line of said Southwest Quarter (SW1/4) a distance of 200.0 feet; thence southerly and parallel with the easterly line of said Southwest Quarter (SW1/4), a distance of 60.0 feet to a point on the southerly right-of-way line of the Moore's Creek Outfall Ditch, being the Actual Point of Beginning; thence continuing southerly along the last described course, a distance of 40.0 feet; thence westerly on a line that is 129,011.40 - 2 - parallel with and offset southerly one hundred (100.0) feet from the southerly right-of-way line of Faidley Avenue, a distance of 2,313.25 feet, to a point 246.0 feet easterly of the westerly line of the said Southwest Quarter (SW1/4); thence southerly and parallel with the westerly line of said Southwest Quarter (SW1/4), a distance of 1,609.38 feet to a point 433.0 feet north of the southerly line of the said Southwest Quarter (SW1/4); thence westerly and parallel with the southerly line of said Southwest Quarter (SW1/4), a distance of 100.0 feet, to a point on the easterly right-of-way line of the Moore's Creek Outfall Ditch; thence northerly along the easterly right-of-way line of said Moore's Creek Outfall Ditch, a distance of 1,709.38 feet to a point on the southerly right-of-way line of said Faidley Avenue; thence easterly along the southerly right-of-way line of said Faidley Avenue, a distance of 955.48 feet to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 1,040.0 feet, the long chord of which deflects 20º55'08" left from the last described course, a long chord distance of 742.66 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose radius is 960.0 feet, the long chord of which deflects 11º18'35" left from the last described course, a long chord distance of 357.7 feet, to a point on the southerly right- of-way line of said Moore's Creek Outfall Ditch; thence easterly along the southerly right-of-way line of said Moore's Creek Outfall Ditch, a distance of 335.6 feet to the said point of beginning. TOTAL $188,844.29 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor - 3 - Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class "C" Liquor License Tuesday, April 11, 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: April 11, 2006 Subject: Public Hearing on Request of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road 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. This application was pulled from the March 28, 2006 City Council meeting at the request of the applicant because they were in the process of changing managers. At this time we have not had an application for a different manager so will take action on the liquor license only at this time. 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. Attached is the Police Department’s background investigation and recommendation. It is recommended that Council act on the liquor license request at this time due to the 45 day requirement in which we have to hold a public hearing. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License. Sample Motion Move to approve the application of Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License. Item E2 Public Hearing on Request of De Luna Corporation dba Tabares Bar & Grill, 106 West 4th Street for a Class "C" Liquor License Tuesday, April 11, 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: April 11, 2006 Subject: Public Hearing on Request of De Luna Corporation dba Tabares Bar & Grill, 106 West 4th Street for a Class “C” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background De Luna Corporation dba Tabares Bar & Grill, 106 West 4th 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. Attached is the Police Department’s background investigation and recommendation. Along with this liquor license application was a request from Octavio De Luna- Rodriquez, 908 East Bismark Road for a Liquor Manager designation. This has been reviewed by the City Clerk and Police Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application of De Luna Corporation dba Tabares Bar & Grill, 106 West 4th Street for a Class “C” Liquor License and the request of Octavio De Luna-Rodriquez, 908 East Bismark Road for Liquor Manager designation with the stipulation that a state approved server/seller training program be completed. Sample Motion Move to approve the application of De Luna Corporation dba Tabares Bar & Grill, 106 West 4th Street for a Class “C” Liquor License and the request of Octavio De Luna- Rodriquez, 908 East Bismark Road for Liquor Manager designation with the stipulation that a state approved server/seller training program be completed. Item E3 Public Hearing on Request of Funk Family, LLC by Dale Funk for Conditional Use Permit for Temporary Office Located at 1612 South Webb Road Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: April 11, 2006 Subject: Request of Dale Funk of Funk Family LLC for Approval of a Conditional Use Permit to Allow a Temporary Office at 1612 S. Webb Road Item #’s: E-3 & G-4 Presenter(s): Craig Lewis , Building Department Director Background This request is for Council approval to allow for the placement of a temporary office trailer to facilitate office operations at Lumbermen’s at the above referenced address. The recent snow storm damaged the existing building and repairs are necessary before office operations may resume in the existing building. Discussion The City code allows for temporary buildings and uses if approved by the City Council in the form of a Conditional use permit. This request is to allow for the existing business to continue to operate from the existing location while repairs are made to the building damaged by the recent snow storm. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request and authorize the issuance of a conditional use permit for a nine month period. Sample Motion Motio n to approve the request for a conditional use permit for a temporary office struc ture for a nine month period. Item E4 Public Hearing on Request of John Luisi for NE Colorado Cellular, Inc. dba Viaero Wireless for Conditional Use Permit for a 120' Telecommunications Tower Located at 305 Wilmar Avenue Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: April 11, 2006 Subject: Request of John Luisi of NE Colorado Cellular, Inc. d.b.a. Viaero Wireless for approval of a Conditional Use Permit to construct a telecommunication tower at 305 Wilmar Ave. Grand Island, NE. Item #’s: E-4 & H-2 Presenter(s): Craig Lewis Background This is a request to allow for the construction of a 120 foot telecommunication tower at 305 Wilmar Ave. to facilitate the cellular service area and a proposed new retail location. The Grand Island Zoning Code requires that all telecommunication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations is to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, all of those items have not been submitted. The remaining items are; 1). the engineering of the foundation design, 2). a color photo simulation of the proposed tower providing a realistic representation of the tower as it would appear from the nearest residential zoned property and the nearest roadway, street or highway, and 3). A building permit application. Additional information attesting to a diligent effort to collocate has been submitted from the applicant but no supporting documentation from the other tower owners has been submitted stating the reasons for a denial of collocation. There are several towers in the immediate area. A review of the neighboring properties especially the residential area to the east of the proposed location would indicate that an additional tower at this site would not be in the best interest of the area. The lattice tower proposed does not appear to be aesthetically compatible with the surrounding properties nor in the best interest of the area Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the conditional use permit. 2. Disapprove or /Deny the conditional use permit. 3. Modify the conditional use to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council deny the request for a conditional use permit to construct this telecommunication tower. Sample Motion A motion to deny the request for a conditional use permit to construct a telecommunication tower at 305 Wilmar Ave. Possible findings to support this position might include; that the application was not submitted as prescribed in the City code and that the proposal would not protect residential areas and land uses from the potential adverse impact of this telecommunication tower. Item E5 Public Hearing Concerning Acquisition of Utility Easement Located 1/2 Mile North of Bismark Road and 1/2 Mile East of Gunbarrel Road (Hooker Brothers) Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: April 11, 2006 Subject: Acquisition of Utility Easement – 1/2 Mile North of Bismark Road and ½ Mile East of Gunbarrel Road – Hooker Brothers Item #’s: E-5 & G-16 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 Hooker Brothers, Inc., located ½ mile north of Bismark Road and ½ mile east of Gunbarrel Road, located in Merrick 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 construct a three phase overhead power line to serve the property. 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 E6 Public Hearing Concerning the Semi-Annual Report by the Citizens' Review Committee on the Economic Development Program Plan Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Council Agenda Memo From: Gary Greer, City Administrator Meeting: April 11, 2006 Subject: Public Hearing Concerning the Semi-Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan Item #’s: E-6 & G-21 Presenter(s): Gary Greer, City Administrator Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens’ Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The purpose of this agenda item is to allow for the semi-annual report. During the Public Hearing, Tim White will present the semi-annual report concerning the activities of the Citizens’ Review Committee. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the semi-annual report of the Citizens’ Advisory Review Committee. 2. Move to not accept the semi-annual report of the Citizens’ Advisory Review Committee. 3. Move to modify the request to meet the needs of the council. Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizens’ Review Committee. Sample Motion Motion to approve the semi-annual report of the Citizens’ Review Committee. Item F1 #9041 - Consideration of Creating Sanitary Sewer District 521; Lot 9 of Westwood Park 2nd Subdivision (829 Redwood Road) Tuesday, April 11, 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: April 11, 2006 Subject: Consideration of Creating Sanitary Sewer District 521; Lot 9 of Westwood Park 2nd Subdivision Item #’s: F-1 Presente r(s): Steven P. Riehle, Public Works Director Background Council action is needed to create a Sanitary Sewer District. Sanitary Sewer District 519 was created by council on July 26, 2005 and includes Lots 10 – 21 of Westwood Park 2nd Subdivision (12 lots). The contract for the construction of District 519 was awarded to the Starostka Group Unlimited, Inc. on February 14, 2006 with construction starting in March 2006. The property owners at 829 Redwood (Lot # 9, Westwood Park 2nd Subdivision) requested city sanitary sewer on March 20, 2006. A copy of their request is attached. Their property was not included within the boundary of Sanitary Sewer District 519 when it was created. Discussion The design of the sanitary sewer main in district 519 is such that Lot # 9 can be served with the installation of a sanitary sewer service. The boundaries for district 519 cannot be changed, but the lot can be served if district 521 is created for that one lot and a sanitary sewer service constructed as part of district 519. A joint board of equalization will be held for sewer districts 519 and 521 with the costs distributed equally to the 13 lots in the districts. Holding the boards of equalizations for the two districts jointly will lower the per lot assessment by approximately $1,000. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the recommendation to create Sanitary Sewer District 521. 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 creation of Sanitary Sewer District #521. A ten (10) year assessment period is recommended. Sample Motion Move to approve the creation of Sanitary Sewer District #521. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney ORDINANCE NO. 9041 An ordinance creating Sanitary Sewer District No. 521 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sanitary Sewer District No. 521 is hereby created for the construction of a eight (8.0) inch sanitary sewer main and appurtenances thereto in Lot Nine (9), Westwood Park Second Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at the northeast corner of Lot Nine (9), Westwood Park Second Subdivision; thence southeasterly on the easterly line of said Lot Nine (9) to the southeast corner of Lot Nine (9), Westwood Park Second Subdivision; thence southwesterly on the south line of Lot Nine (9) of said subdivision to the southwest corner of Lot Nine (9) Westwood Park Second Subdivision; thence northwesterly on the west line of Lot Nine (9) of said subdivision and a prolongation thereof to the northwesterly line of Redwood Road; thence * This Space Reserved for Register of Deeds * ORDINANCE NO. 9041 (Cont.) - 2 - northeasterly on the northwesterly line of Redwood Road to the southeast corner of Lot Twenty One (21) of Westwood Park Second Subdivision; thence southeasterly on a prolongation of the east line of Lot Twenty One (21) Westwood Park Second Subdivision to the southeasterly line of Redwood Road; thence northeasterly on the southeasterly line of Redwood Road to the point of beginning, all as shown on the plat dated April 3, 2006, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. ORDINANCE NO. 9041 (Cont.) - 3 - Enacted: April 11, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9042 - Consideration of Vacating a 10' by 15' Utilities Easement on Lot # 6 of Santa Anita Estates 2nd Subdivision (204 Saratoga Circle, Shafer Properties, LLC) Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer / Public Works Directo City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: April 11, 2006 Subject: Consideration of Vacating a 10’ by 15’ Utilities Easement on Lot #6 of Santa Anita Estates 2nd Subdivision (204 Saratoga Circle, Shafer Properties, LLC) Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background Vacation of easements requires council action through passing of an ordinance. Discussion The original easement was used for a guy wire and is no longer needed. Sha fer Properties L.L.C. is requesting the vacation of the easement in order to construct a duplex on Lot No. 6. 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 ¤ ___________ April 6, 2006 ¤ City Attorney ORDINANCE NO. 9042 An ordinance to vacate an existing easement located in Lot Six (6), Santa Anita Estates 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; 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 fifteen by ten foot (15'x10') easement located in Lot Six (6) Santa Anita Estates Second Subdivision is hereby vacated. Such vacated land is shown on Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of Lot Six (6) Santa Anita Estates Second Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 3. 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. 9042 (Cont.) - 2 - 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: April 11, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Documents - Pawnbroker's Official Bonds for Wayne's Pawn Shop and G.I. Loan Shop Chapter 25 of the Grand Island City Code allows for Pawnbrokers licenses. All permits expire on May 1st of each year. City Council approval is required for new applications and renewals. The City Clerk's Office has received renewal applications and Official Bonds from Wayne's Pawn Shop, G.I. Loan Shop, and Stewart's Loan and Pawnshop. Approval is recommended. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G2 Approving Minutes of March 28, 2006 City Council Regular Meeting Tuesday, April 11, 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 March 28, 2006 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on March 28, 2006. Notice of the meeting was given in The Grand Island Independent on March 22, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. Councilmember Meyer 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 Reverend Daniel Bremer, Grace Lutheran Church, 545 East Memorial Drive followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Baby Blues Week” March 26 to April 1, 2006. Mayor Vavricek has proclaimed the week of March 26 to April 1, 2006 as “Baby Blues Week”. Dr. Kent Mann, Sue Beaty, and several students from Grand Island Senior High School were present to receive the proclamation. Proclamation “Autism Awareness Month” April 2006: Mayor Vavricek has proclaimed the month of April 2006 as “Autism Awareness Month”. Russell Wing was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License. This item was pulled from the agenda at the request of the applicant. Public Hearing on Request of WILE E. Investment Properties, LLC for Conditional Use Permit for Temporary Use of a Home as a Veterinary Clinic during Construction of a New Veterinary Clinic Located at 210 East Stolley Park Road. Craig Lewis, Building Department Director reported that Melissa Girard representing WILE E. Investment Properties, LLC had requested a conditional use permit to allow for the temporary use of an existing single family dwelling located at 210 East Stolley Park Road for a veterinary clinic during construction of a permanent facility. No public testimony was heard. Page 2, City Council Regular Meeting, March 28, 2006 Public Hearing on Change of Zoning for Land Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of Highway 281 from TA Agricultural to CD Commercial Development. Chad Nabity, Regional Planning Director reported that the developers of Ponderosa Pointe (Ewoldt Subdivision) had requested the City change the zoning on approximately 100 acres of ground at the southwest corner of Husker Highway and U.S. Highway 281 from TA Transitional Agricultural to CD Commercial Development. No public testimony was heard. Public Hearing on Acquisition of Utility Easements Located at Stuhr and Swift Roads. (Swift Beef Company) Gary Mader, Utilities Director reported that acquisition of two utility easements located at Stuhr and Swift Roads were needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The purpose of these easements would be to place a pad-mounted transformer and underground cable to serve electricity to a new lab building. No public testimony was heard. ORDINANCES: Chad Nabity, Regional Planning Director reported Ordinance #9032 related to the Public Hearing held on January 24, 2006 and was the final of three readings for annexation of Ewoldt Subdivision. #9032 – Consideration of Anne xation of Property Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of U.S. Highway 281. (Final Reading) Motion by Pielstick, second by Cornelius to approve Ordinance #9032 on final reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9035 - Consideration of Change of Zoning for Land Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of Highway 281 from TA Transitional Agricultural to CD Commercial Development #9036 – Consideration of Amendments to Chapter 2 of the City Code Relative to Administration #9037 – Consideration of Amendments to Chapter 3 of the Grand Island City Code Relative to Alarm Systems #9038 – Consideration of Creating Chapter 37 of the Grand Island City Code Relative to Planning and Community Development #9039 – Consideration of Creating Chapter 38 of the Grand Island City Code Relative to Economic Development #9040 – Consideration of Amendments to Chapter 22 of the Grand Island City Code Relative to Truck Routes Page 3, City Council Regular Meeting, March 28, 2006 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 Cornelius seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9035 - Consideration of Change of Zoning for Land Proposed for Platting as Ewoldt Subdivision Located South of Husker Highway and West of Highway 281 from TA Transitional Agricultural to CD Commercial Development Chad Nabity, Regional Planning Director reported on Ordinance #9035 a zoning change for Ewoldt Subdivision which was requested along with the annexation of this property. Motion by Pielstick, second by Cornelius to approve Ordinance #9035. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9035 is declared to be lawfully adopted upon publication as required by law. #9036 – Consideration of Amendments to Chapter 2 of the City Code Relative to Administration Doug Walker, City Attorney explained Ordinances #9036 and the changes made to Chapter 2 of the Grand Island City Code. Motion by Hornady, second by Cornelius to approve Ordinances #9036. Discussion was held with regards to hired versus appointed officials, council agenda’s, removal of elected officials, and county authority duties. Motion by Gilbert, second by Whitesides to amend the motion to strike out “a majority of the entire” in Section 2-6. Upon roll call vote, all voted aye. Motion adopted. Motion by Whitsides, second by Pielstick to add “as per state statute” and “malfeasance” in Section 2-24. Upon roll call vote, all voted aye. Motion adopted. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9036 is declared to be lawfully adopted upon publication as required by law. #9037 – Consideration of Amendments to Chapter 3 of the Grand Island City Code Relative to Alarm Systems Doug Walker, City Attorney explained the changes to Chapter 3 of the Grand Island City Code relative to alarm systems. Page 4, City Council Regular Meeting, March 28, 2006 Motion by Pielstick, second by Hornady to approve Ordinance #9037. Discussion was held on Section 3-7 regarding penalties. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9037 is declared to be lawfully adopted upon publication as required by law. #9038 – Consideration of Creating Chapter 37 of the Grand Island City Code Relative to Planning and Community Development Doug Walker, City Attorney explained that Chapter 37 was added to the Grand Island City Code to include those areas of Planning and Community Development from other parts of the City Code in its own section. Motion by Walker, second by Hornady to approve Ordinance #9038. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9038 is declared to be lawfully adopted upon publication as required by law. #9039 – Consideration of Creating Chapter 38 of the Grand Island City Code Relative to Economic Development Doug Walker, City Attorney explained that Chapter 38 was added to the Grand Island City Code to include those areas relating to Economic Development in one chapter. Motion by Hornady, second by Pielstick to approve Ordinance #9039. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9039 is declared to be lawfully adopted upon publication as required by law. #9040 – Consideration of Amendments to Chapter 22 of the Grand Island City Code Relative to Truck Routes Steve Riehle, Public Works Director reported on the changes to the truck routes throughout Grand Island and the changes to the City Code with regards to allowing the truck routes to be approved by Resolution. Motion by Hornady, second by Walker to approve Ordinance #9040. Upon roll call vote on first reading and final passage, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9040 is declared to be lawfully adopted upon publication as required by law. Page 5, City Council Regular Meeting, March 28, 2006 CONSENT AGENDA: Consent Agenda item G-12 was pulled from the agenda to the April 11, 2006 meeting. Consent Agenda item G-20 was pulled for further discussion. Motion by Cornelius, second by Hornady to approve the Consent Agenda excluding items G-12 and G-20. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of March 7, 2006 Joint City/County Special Meeting. Approving Minutes of March 7, 2006 City Council Regular Meeting. Approving Request of Sage Rath, 3111 College Street, Apt. #23 for Liquor Manager Designation for Whiskey Creek, 1016 Diers Avenue with the stipulation of completing a state approved alcohol server/seller training program. Approving Request of WILE E. Investment Properties, LLC for Conditional Use Permit for Temporary Use of a Home as a Veterinary Clinic during Construction of a New Veterinary Clinic Located at 210 East Stolley Park Road. Approving Preliminary Plat for Ewoldt Subdivision. #2006-890 – Approving Final Plat and Subdivision Agreement for Ewo ldt Subdivision. It was noted that Husker Retail Development, L.L.C., owners had submitted the final plat for Ewoldt Subdivision located on a parcel of land in the NE 1/4 of Section 36-11-10 for the purpose of creating 10 lots and 3 outlots. #2006-90 – Approving Designating No Parking Along the East Side of Exchange Street. #2006-91 – Approving Change Order No. 1 to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for the Capital Heights Drainway Rip Rap & Grading; 2005-D-3 and for the Capital Avenue Outfall Structure; 2005-D-4 for a Decrease of $589.40 and a Revised Contract Amount of $140,962.18. #2006-92 – Approving Certificate of Final Completion with The Diamond Engineering Company of Grand Island, Nebraska for Capital Heights Drainway Rip Rap & Grading; 2005-D- 3 and for the Capital Avenue Outfall Structure; 2005-D-4. #2006-93 – Approving Agreement for Consulting Engineering Services for the Re-Permitting of the Solid Waste Landfill with HDR Engineering, Inc. of Omaha, Nebraska for Actual Costs with a Basic Permit Fee Maximum of $32,400 and a Total Maximum Dollar Amount of $54,000. #2006-94 – Approving Installation of a Temporary Traffic Signal at the intersection of Diers Avenue and Capital Avenue. #2006-95 – Approving Contract for the Nebraska Department of Roads to Aquire Right-of-Way Adjacent to the City Library for the Widening of US Highway 30. This item was pulled from the agenda until the April 11, 2006 meeting. Page 6, City Council Regular Meeting, March 28, 2006 #2006-96 – Approving the Renewal of the Interlocal Agreement with Hall County for Law Enforcement Records Management and Computer Aided Dispatch. It was noted that two additional voting members were to be added. #2006-97 – Approving 20 Year Lease Agreement for Jackrabbit Run Golf Course with the Hall County Regional Airport Authority Based on a Yearly 3% Increase with 2007 in the Amount of $16,172.44. #2006-98 – Approving Acquisition of Utility Easements Located at Stuhr and Swift Roads. (Swift Beef Plant) #2006-99 – Approving Bid Award for 22.5 MVA Substation Transformers - Contract 06-PCC- 01, with VA Tech Ferranti Packard of St. Catharines, Ontario, Canada in an Amount of $1,587,462.00. #2006-100 – Approving Agreement for Air Emissions Monitoring with HDR Engineering, Inc. of Omaha, Nebraska in an Amount not to exceed $20,000.00. #2006-101 – Approving Letter of Agreement between the Nebraska Children and Families Foundation and the Community youth Council for Grant Funds in the Maximum Amount of $25,000.00. #2006-102 – Approving Interlocal Agreement with Hall County for Sharing the Costs for the Operation of the New Law Enforcement Center. #2006-103 – Approving Establishment of Designated Truck Routes. Steve Riehle, Public Works Director explained the changes to the truck routes and approving these rout es through Resolution instead of Ordinance as has been done in the past. Motion by Gilbert, second by Whitesides to approve Resolution #2006-103. Discussion was held with regards to the area of North Road from Husker Highway to Stolley Park Road. Discussed was truck traffic and concerns of public safety crossing North Road to the Cedar Hills Park. Motion by Gilbert, second by Whitesides to amend the motion to delete the truck route on North Road from Husker Highway to Stolley Park Road. Upon roll call voted all voted aye. Motion adopted. Upon roll call vote on the main motion with the amendment, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of the Request from Bosselman, Inc. for Approval of a Ground Sign Exceeding 50’ in Height Located at 7301 Bosselman Avenue. Craig Lewis, Building Department Director reported that Bosselman, Inc. had submitted an application for permission to place a 14’ x 18’ ground sign with a height of 60’ at 7301 Bosselman Avenue. Section 31-25 of the Grand Island Page 7, City Council Regular Meeting, March 28, 2006 City Code requires that ground signs exceeding 50 feet in height be approved by the Mayor and City Council. Brandi Bosselman spoke in support. Motion by Whitesides, second by Hornady to approve the request of Bosselman, Inc. for the proposed 60’ tall sign and authorize the Building Department to issue a permit for such sign. Upon roll call vote, Councilmember’s Whitesides, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick vote no. Motion adopted. RESOLUTIONS: #2006-104 – Approving Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class “C” Liquor License. This item was pulled from the agenda at the request of the applicant. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of March 8, 2006 through March 28, 2006, for a total amount of $4,799,769.20. Motion adopted unanimously. Councilmember Pielstick abstained from Claim #121662. Motion by Corneilus, second by Haase to approve the following Claims for the Library Expansion for the period of March 8, 2006 through March 28, 2006: #23 $75.00 #24 $2,128.67 Motion adopted unanimously. ADJOURNMENT: The meeting was adjourned at 8:35 p.m. RaNae Edwards City Clerk Item G3 Approving the Appointment of Dale Shotkoski as Interim City Attorney The Mayor and City Administrator have submitted the appointment of Dale Shotkoski to serve as the Interim City Attorney. Mr. Shotkoski will serve in this capacity until a City Attorney is hired. Approval is recommended. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Item G4 Approving Request of Funk Family, LLC by Dale Funk for Conditional Use Permit for Temporary Office Located at 1612 South Webb Road This item relates to the aforementioned Public Hearing Item E-3. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G5 Approving Preliminary Plat for Springdale Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Springdale Subdivision - Preliminary Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 36 lots on a parcel of land in the SE ¼ NE ¼ 23-11- 10. This land consists of approximately 14.229 acres. Discussion This property is located west of North Road and south of Lilly Drive. Sewer and water are available to the property and will be extended to serve the planned lots. The property is currently zoned LLR Large Lot Residential. The proposed plat would require that the property be rezoned to R1 Suburban Density Residential at the time of final platting. The availability of sewer and water supports the R1 lot sizes. The developer is including property for a detention cell required by the Moore’s Creek Drainway plan. They will excavate the cell to provide fill material for the lots on the site. Greg Baxter expressed concern about the drainage in this area. 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 Eriksen to approve the preliminary plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Preliminary Plat for Springdale Subdivision as presented. Item G6 Approving Preliminary Plat for Sterling Estates Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Sterling Estates Subdivision - Preliminary Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 241 lots on a parcel of land in the NW ¼ 12-11-10. This land consists of approximately 116.13 acres. This development is proposing 235 residential lots and 6 office lots, along with a 7 acre public park connected to the hike- bike trail along the Moore’s Creek Drainway. Discussion This property is currently zone R1 Suburban Density Residential and R4 High Density Residential. Sewer and water are available to the property. It will drain into the Moore’s Creek Drainway immediately to the east of the property. An application to rezone the property will need to accompany the final plat to adjust zoning district boundaries to line up with the proposed streets. Planning commission members expressed concern about Imperial Lane as it changes from an east/west street to a north/south street at the east end of the subdivision. The developers agreed to change the name of the north/south section of the street. 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 Snodgrass 2nd by Haskins to approve the preliminary plat with a new name for the north/south portion of Imperial Lane. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Preliminary Plat for Sterling Estates Subdivision as presented. Item G7 Approving Preliminary Plat for Summerfield Estates Fifth Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Summerfield Estates Subdivision - Preliminary Plat Item #’s: G-7 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 14 lots on a parcel of land in the W ½ SW ¼ 12-11- 10. This land consists of approximately 3.51 acres. Discussion This property is currently zoned R1 Low Density Residential and R3 Medium Density Residential. Sewer and water are available to the subdivision and will be extended. This preliminary plat eliminates a cul-de-sac that was planned for the area of the Summerfield Fifth Subdivision. This helps loop the water lines. No changes were made in the number of lots proposed for this development. 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 Miller 2nd by Monter to approve the preliminary plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members (Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Preliminary Plat for Summerfield Estates Subdivision as presented. Item G8 #2006-95 - Approving Contract with the Nebraska Department of Roads to Acquire Right-of-Way Along the City Library Parking Lot for the Widening of US HWY 30 Tuesday, April 11, 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: April 11, 2006 Subject: Approving Contract with the Nebraska Department of Roads to Acquire Right-of-Way Along the City Library Parking Lot for the Widening of US HWY 30 Item #’s: G-8 Presenter(s): Steven P. Riehle, Public Works Director Background Council approval is needed for the Mayor to sign contracts. The Nebraska Department of Roads (NDOR) is working with the City of Grand Island Public Works Department on a joint project to widen US HWY 30 (Second Street) from a 4-lane to a 5-lane roadway. The existing road is 50’ wide and the new roadway will be 64’ wide. Approximately 7’ of widening occurs on the north side of 2nd Street and 7’ on the south side of 2nd Street. This item was pulled from the March 28, 2006 council agenda because the ownerships for the City and the Library Board were listed incorrectly. Discussion In conjunction with the widening project, additional Right-of-Way (ROW) and Temporary Easements are needed. Between Adams Street and Washington Street (NDOR Tract No. 33) The City of Grand Island is the owner of the property where the parking lot will be located. The NDOR is acquiring 962.17 square feet of ROW and 2,703.05 square feet of Temporary Easement. The total dollar amount of the contract is $8,020.00. Between Washington Street and Lincoln Street (NDOR Tract No. 38) The Library Board of Grand Island, NE is the owner of the property where the library building is located. The NDOR is acquiring 956.41 square feet of ROW and 2,771.03 square feet of Temporary Easement. The Library Board will be considering a contract with NDOR in the amount of $9,110.00 at their board meeting. 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 contract. 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 Acquisition Contract and associated documents. Sample Motion Move to approve the contract. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-95 WHEREAS, the City has been working with the Nebraska Department of Roads on a joint project to widen U.S. Highway 30 (2nd Street) from a 4-lane to a 5-lane roadway; and WHEREAS, the existing road is fifty feet wide, and the new roadway will be sixty-four feet wide; and WHEREAS, the Nebraska Department of Roads is working to acquire right-of-way and a temporary easement adjacent to the Edith Abbott Memorial Library to accommodate the widening project; and WHEREAS, an Acquisition Contract and related documents have been reviewed and approved by the City Attorney's office for this purpose. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Acquisition Contract by and between the City and the Nebraska Department of Roads for the state to acquire right-of-way and a temporary easement adjacent to the library for the widening of 2nd Street is hereby approved; and the Mayor is hereby authorized and directed to execute such contract and related documents on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2006-105 - Approving Final Plat and Subdivision Agreement for Bosselville Second Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Bosselville Second Subdivision - Final Plat Item #’s: G-9 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 2 lots on a parcel of land consisting of lots 5 & 6 block 1 Bosselville Subdivision and part of the NE ¼ 24-10-10. This land consists of approximately 2.19 acres. Discussion This property is zoned B2. Public sewer and water are not available to the subdivision. A private community water and sewer system serves these properties. This subdivision is including additional property with the lot the Motel 6 is on to bring the sign at this location into compliance with the Grand Island sign regulations. 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 Miller 2nd by Haskins to approve the final plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Final Plat for Bosselville Second Subdivision as presented. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-105 WHEREAS, Bosselman Incorporated, a corporation, as owner, has caused to be laid out into lots, a tract of land consisting of Lot 5 and Lot 6, Block 1, Bosselville Subdivision, and part of Government Lot 1, all located in the Northeast Quarter (NE1/4) of Section 24, Township 10 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, under the name of BOSSELVILLE SECOND SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of BOSSELVILLE SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-106 - Approving Final Plat and Subdivision Agreement for Larue Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Larue Subdivision - Final Plat Item #’s: G-10 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 142 lots on a parcel of land in the E ½ NW ¼ 13-11- 10. This land consists of approximately 35.922 acres. Discussion This property is zoned R4-High Density Residential. Sewer and water are available and will be extended with the development. The developers are proposing to make the easternmost street, Windridge Avenue, a private street. They have presented plans and intend to build this street to city standard of 37 feet. They will be able to use different financing that will make the project feasible if they can maintain this as a private street. Council changed the regulations to allow private streets in residential subdivisions 2 months ago in anticipation of this application. 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 Miller 2nd by Haskings to approve the final plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Final Plat for Larue Subdivision as presented. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-106 WHEREAS, Housing Plus L.L.C., a Nebraska limited liability company, as owner, has caused to be laid out into lots, a tract of land comprising a part of the East Half of the Northwest Quarter (E1/2, NW1/4) of Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name of LARUE SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of LARUE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2006-107 - Approving Final Plat and Subdivision Agreement for Livermore Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Livermore Subdivision - Final Plat Item #’s: G-11 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 2 lots on a parcel of land in the E ½ NW ¼ 28-11-09. This land consists of approximately 1.052 acres. Discussion This property is currently zoned R1 Suburban Density Residential. Sewer and water are both available to the property and sewer will be ext ended to serve the new lots. This is one of the last if not the last unplatted metes and bounds tract in the Riverside area. Subdividing this property creates lots similar in size and shape to the surrounding lots. 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 Miller 2nd by Haskins to approve the final plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Final Plat for Livermore Subdivision as presented. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-107 WHEREAS, James C. Livermore and Marlys M. Livermore, husband and wife, as owners, have caused to be laid out into lots, a tract of land comprising a part of the East Half of the Northwest Quarter (E1/2, NW1/4) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name of LIVERMORE SUBDIVISION, and have caused a plat thereof to be acknowledged by them; 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 owners 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 LIVERMORE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-108 - Approving Final Plat and Subdivision Agreement for Neumann Second Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Neumann Second Subdivision - Final Plat Item #’s: G-12 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 2 lots on a parcel of land comprising of lot 1 Neumann Second Subdivision. This land consists of approximately 108.256 acres. Discussion This property is zoned R1 Low Density Residential. This is the site of the new middle school and additiona l property that will remain under the school’s ownership. This subdivision creates a site for the new middle school and plats Redwood Road through the property as well as establishing easements around the proposed school building. 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 Miller 2nd by Haskins to approve the final plat as presented. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Final Plat for Neumann Second Subdivision as presented. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-108 WHEREAS, the Hall County School District 2, a body corporate, as owner, has caused to be laid out into a lot, a tract of land comprising all of Lot 1, Neumann Subdivision, an addition to the City of Grand Island, Hall County, Nebraska, under the name of NEUMANN SECOND SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of NEUMANN SECOND SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-109 - Approving Final Plat and Subdivision Agreement for Summerfield Estates Fifth Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Summerfield Estates Fifth Subdivision - Final Plat Item #’s: G-13 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 14 lots on a parcel of land in the W ½ SW ¼ 12-11- 10. This land consists of approximately 3.51 acres. Discussion This property is zoned R3 Medium Density Residential. Sewer and water are available and will be extended with the development. Planning commission did recommend the installation of a temporary turnaround at the end of Warbler Road. 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 Ruge 2nd by Haskins to approve the final plat as presented with a provision for a temporary turnaround at the end of Warbler Road. A roll call vote was taken on the motion to recommend approval with 9 members ( Haskins, Reynolds, O’Neill, Niemann, Miller, Eriksen, Ruge, Monter, Snodgrass) voting in favor. Sample Motion Approve the Final Plat for Summerfield Estates Fifth Subdivision as presented with provisions for a temporary turnaround at the end of Warbler Road. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-109 WHEREAS, Little B's Corporation, a corporation, as owner, has caused to be laid out into lots, a tract of land comprising a part of the West Half of the Southwest Quarter (W1/2, SW1/4) of Section 12, Township 11 North, Range 10 West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, under the name of SUMMERFIELD ESTATES FIFTH SUBDIVISION, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SUMMERFIELD ESTATES FIFTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-110 - Approving Certificate of Final Completion for Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; Project 2005-D-2 Tuesday, April 11, 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: April 11, 2006 Subject: Certificate of Final Completion for Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; Project 2005-D-2 Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background The contract for Concrete Lining of the Capital Heights Ditch, Project 2005-D-2 was awarded to The Diamond Engineering Company of Grand Island, NE on September 13, 2005. Work commenced in November 2005 and was completed in March 2006. Discussion The project was completed in accordance with the terms, conditions, and stipulations of the contract, the plans, and the specifications. It was completed at a total construction price of $51,371.25. There was an over run in the square yards of ditch lining of concrete to match field conditions and to build flares at the ends to match / tie into the existing culverts. Costs for the project break down as follows: Original Bid $ 48,234.75 Overruns $ 3,136.50 Total Cost $ 51,371.25 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 the Concrete Lining of the Capital Heights Ditch, Project 2005-D-2. Sample Motion Move to approve the Certificate of Final Completion. IndependenceAvenueNevada AvenueArizona AvenueIdaho AvenueConcrete Ditch Lining Approv ed as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-110 WHEREAS, the City Engineer / Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Concrete Lining of the Capital Heights Ditch between Arizona Avenue and Nevada Avenue from Independence Avenue to east of Idaho Avenue, certifying that The Diamond Engineering Company of Grand Island, Nebraska, completed such project according to the terms, conditions, and stipulations of the contract, plans and specifications for such improvements; and WHEREAS, the City Engineer / Public Works Director recommends the acceptance of the certificate of 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 Concrete Lining of the Capital Heights Ditch between Arizona Avenue and Nevada Avenue from Independence Avenue to east of Idaho Avenue is hereby confirmed and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2006-111 - Approving Bid Award for Street Improvement District No. 1258; Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) Tuesday, April 11, 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: April 11, 2006 Subject: Approving Bid Award for Street Improvement District No. 1258; Faidley Avenue Extending West for Six Hundred Fifty Feet (650 Feet) Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background On March 3, 2006 the Engineering Division of the Public Works Department advertised for bids for Street Improvement District 1258; Faidley Avenue extending west for six hundred fifty feet (650 feet). The original engineers estimate was $147,865.00. There was an error in the calculations of excavation needed to move the Moores Creek drain-way resulting in a revised engineer's estimate of $173,137.00. The excavation needed to move the Moores Creek drain-way will be a city cost; therefore the dollar estimate assessed to the benefiting property owners is not changed by revising the engineers estimate. Discussion One bid was received and on March 21, 2006. The bid was submitted in compliance with the contract, plans, and specifications with no exceptions. A summary of the bid is shown below. Bidder Exceptions Bid Security Bid Price The Diamond Engineering Co. Grand Island NE None Universal Surety Co. $157,886.40 There are sufficient funds in Account No. 50033530-90060 to fund this contract. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. 1. Make a motion to approve awarding the bid to The Diamond Engineering Company for Street Improvement District No. 1258 in the amount of $157,886.40. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve awarding the contract and pass a resolution authorizing the Mayor to sign a contract with The Diamond Engineering Company of Grand Island, NE. Sample Motion Move to approve the award of the contract to The Diamond Engineering Company for Street Improvement District 1258. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 21, 2006 at 11:00 a.m. FOR: Street Improvement District No. 1258 DEPARTMENT: Public Works ESTIMATE: $147,865.00 FUND/ACCOUNT: 50033530-90060 PUBLICATION DATE: March 3, 2006 NO. POTENTIAL BIDDERS: 15 SUMMARY Bidder: The Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $157,886.40 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ron Underwood, Civil Eng. Manager Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1077 Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-111 WHEREAS, the City of Grand Island invited sealed bids for Street Improvement District No. 1258 [Faidley Avenue extending west for 650 feet], according to plans and specifications on file with the City Engineer; and WHEREAS, on March 21, 2006, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $157,886.40; and WHEREAS, The Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $157,886.40 for Street Improvement District No. 1258 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2006-112 - Approving Acquisition of Utility Easement Located 1/2 Mile North of Bismark Road and 1/2 Mile East of Gunbarrel Road (Hooker Brothers) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-112 WHEREAS, a public utility easement is required by the City of Grand Island, from Hooker Brothers, Inc., a corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on April 11, 2006, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the North Half of the Southwest Quarter (N1/2, SW1/4) and the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4) of Section Eighteen (18), Township Eleven (11) North, Range Eight (8) West of the 6th P.M. in Merrick County, Nebraska, the thirty (30.0) foot wide easement and right-of-way being more particularly described as follows: The northerly thirty (30.0) feet of the North Half of the Southwest Quarter (N1/2, SW1/4) of Section Eighteen (18), Township Eleven (11) North, Range Eight (8) West and the northerly thirty (30.0) feet of the westerly twenty-five (25.0) feet of the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4) of Section Eighteen (18), Township Eleven (11) North, Range Eight (8) West, except the westerly thirty three (33.0) feet of the said North Half of the Southwest Quarter (N1/2, SW1/4) being dedicated as road right-of-way. The above-described easement and right-of-way containing 1.73 acres, more or less, as shown on the plat dated March 20, 2006, 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 Hooker Brothers, Inc., a corporation, on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2006-113 - Approving Connection Fees for Water Main District 449T - North Road and Faidley Avenue This item relates to the aforementioned Board of Equalization Item D-1. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-113 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2006-BE-4 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Water Main District 449T, such benefits are the sums set opposite the descriptions as follows: Name Description Connection Fee T & E Cattle Company Commencing at the point 430.0 feet south of the northwest corner of the Southwest Quarter (SW1/4) of Section 13-11-10; thence easterly along the northerly right-of-way line of Faidley Avenue, a distance of 146.0 feet to the Actual Point of Beginning; thence continuing easterly along the northerly right-of-way line of said Faidley Avenue, a distance of 956.80 feet to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 960.0 feet, the long chord of which deflects 20º55'08" left from the last described course, a long chord distance of 685.53 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose $59,832.89 * This Space Reserved for Register of Deeds * - 2 - radius is 1,040.0 feet, the long chord of which deflects 11º18'35" left from the last described course, a long chord distance of 213.17 feet, to a point on the southerly right- of-way line of the Moore's Creek Outfall Ditch; thence westerly along the southerly right-of-way line of said Moore's Creek Outfall Ditch; a distance of 1,775.7 feet, to the easterly right-of-way line of said Moore's Creek Outfall Ditch; thence southerly along the easterly right- of-way line of said Moore's Creek Outfall Ditch, a distance of 370.0 feet to the said point of beginning. T & E Cattle Company Commencing at the northeast corner of the Southwest Quarter (SW1/4) of Section 13-11-10; thence westerly along the northerly line of said Southwest Quarter (SW1/4) a distance of 200.0 feet; thence southerly and parallel with the easterly line of said Southwest Quarter (SW1/4), a distance of 60.0 feet to a point on the southerly right-of-way line of the Moore's Creek Outfall Ditch, being the Actual Point of Beginning; thence continuing southerly along the last described course, a distance of 40.0 feet; thence westerly on a line that is parallel with and offset southerly one hundred (100.0) feet from the southerly right-of-way line of Faidley Avenue, a distance of 2,313.25 feet, to a point 246.0 feet easterly of the westerly line of the said Southwest Quarter (SW1/4); thence southerly and parallel with the westerly line of said Southwest Quarter (SW1/4), a distance of 1,609.38 feet to a point 433.0 feet north of the southerly line of the said Southwest Quarter (SW1/4); thence westerly and parallel with the southerly line of said Southwest Quarter (SW1/4), a distance of 100.0 feet, to a point on the easterly right-of-way line of the Moore's Creek Outfall Ditch; thence northerly along the easterly right-of-way line of said Moore's Creek Outfall Ditch, a distance of 1,709.38 feet to a point on the southerly right-of-way line of said Faidley Avenue; thence easterly along the southerly right-of-way line of said Faidley Avenue, a distance of 955.48 feet to a point of curvature; thence running northeasterly along the arc of a curve to the left whose radius is 1,040.0 feet, the long chord of which deflects 20º55'08" left from the last described course, a long chord dis tance of 742.66 feet, to a point of reverse curvature; thence running northeasterly along the arc of a curve to the right whose radius is 960.0 feet, the long chord of which deflects 11º18'35" left from the last described course, a long chord distance of 357.7 feet, to a point on the southerly right- of-way line of said Moore's Creek Outfall Ditch; thence easterly along the southerly right-of-way line of said Moore's Creek Outfall Ditch, a distance of 335.6 feet to the said point of beginning. 129,011.40 TOTAL $188,844.29 - 3 - - 4 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2006-114 - Approving Bid Award for Transmission Line and Substation Engineering Services - Utilities Department Tuesday, April 11, 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: April 11, 2006 Subject: Award of Transmission Line and Substation Engineering Services Item #’s: G-18 Presente r(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001. And will be fully expanded in 2007. The City and its electric demand continue to grow. Power Generation and regional interconnections to NPPD are concentrated on the south side of the transmission system loop. The northern portion of the transmission loop has no interconnections. And while it can sustain a single line segment loss contingency any additional failure could result in loss of several major substations, resulting in power loss to major portions of the City. With power plant and regional grid interconnections, the southern portion of the transmission loop has more redundancy. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission interconnections. In the long range plan of the Electric Department, these substations are designed for new transmission interconnections as future load growth may require. Discussion The transmission system improvements and substation additions are crucial, interrelated elements of the electric system. It is advantageous to combine planning, routing, right of way acquisition, financing, engineering and construction of these major components in a single long-term project, which might take up to ten years for completion. The Electric Department is not staffed for undertakings of this magnitude. Therefore, a Request for Proposals to provide Transmission Line and Substation Engineering Services was advertised in the February 11, 2006 issue of the Grand Island Daily Independent. In addition to the public advertising, proposals were solicited from six qualified engineering firms. Proposals were received on March 28, from HDR Engineering of Billings, Montana and Advantage Engineering of Chesterfield, Missouri. These were evaluated by the three staff engineers who will be most involved with the project. They unanimously concurred that the proposal from Advantage Engineering was the superior of the two. The criteria by which the proposals would be evaluated was provided to all prospective providers in the RFP. The summary of the evaluation results is attached for reference. Payments are based on hours worked at rates furnished with the proposal. Advantage Engineering furnished a “not to exceed” price of $2,383,000; including a 5% annual increase in labor rates. The contract form proposed by Advantage Engineering has been reviewed by the Legal Department. A copy of the Contract is attached for reference. During the previous ten years, Advantage Engineering has performed several transmission line improvement projects along with the additions of Substations “E” and “F.” The Electric Department staff is entirely satisfied with the quality of their work. 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 accept the Advantage Engineering March 2006 Proposal for Transmission Line and Substation Engineering Services for a “not to exceed” amount of $2,383,000. Sample Motion Motion to approve the March 2006 Proposal from Advantage Engineering of Chesterfield, Missouri and that the Mayor be authorized to sign the Contract for Professional Services. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR TRANSMISSION LINE AND SUBSTATION ENGINEERING SERVICES RFP DUE DATE: March 28, 2006 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: February 11, 2006 NO. POTENTIAL BIDDERS: 6 SUMMARY OF PROPOSALS RECEIVED HDR Engineering, Inc. Advantage Engineering, Inc. Billings, MT Chesterfield, MO cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Burhl Gilpin, Assist. Utilities Director Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1067 Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-114 WHEREAS, the City of Grand Island invited proposals for Transmission Line and Substation Engineering Services in accordance with a Request for Proposals on file at Phelps Control Center; and WHEREAS, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Advantage Engineering of Chesterfield, Missouri, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being for hourly rates as identified in the proposal (including a 5% annual increase in labor rates), with a not to exceed amount of $2,383,000; and WHEREAS, Advantage Engineering has successfully completed numerous transmission line improvement projects in the past for the Utilities Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Advantage Engineering of Chesterfield, Missouri, for transmission line and substation engineering services for hourly rates as identified in the proposal (including a 5% annual increase in labor rates), with a not to exceed amount of $2,383,000 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2006-115- Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Tuesday, April 11, 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: April 11, 2006 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-19 Presenter(s): Steve Paustian, Parks and Recreation Director Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the lease on Building’s No. A-30, A-11, and A-12 located on city property at the former Cornhusker Army Ammunition Plant. Discussion The city purchased property at the former Cornhusker Army Ammunition Plant that had several buildings located on it. The city has been leasing these buildings to the State of Nebraska, Department of Administrative Services, State Building Division; Dominion Construction Company; and Jerry Harders to obtain revenue and utilize these assets. There have not been any problems with damage to the property or with non payment of rent and City Parks & Recreation officials are recommending that the Council extend the lease for an additional year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the resolution authorizing the city to extend the leases for another year. 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 authorizing the extension of the leases for an additional year. Sample Motion Motion to approve the resolution authorizing the city to extend the leases for an additional year to the State of Nebraska, Department of Administrative Services, State Building Division in the amount of $500.00; Dominion Construction Company in the amount of $2,000.00; and Jerry Harders in the amount of $500.00. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-115 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building Leases with the tenants of the buildings pending development of the property; and, WHEREAS, the leases provide an automatic one-year renewal if requested by the Lessee's; and WHEREAS, three of the Lessee's of storage buildings have requested that their lease be extended for another year. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker Army Ammunition Plant are hereby authorized to be extended for an additional year to the following Lessees in accordance with the Building Leases: Lessee Description Rental Dominion Construction Company Storage building $2,000/yr. Jerry Harders Fire/guard building $500/yr. Nebraska State Patrol Storage building $500/yr. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2006-116 - Approving Subordination Request for Doug and Angie Boersen, 3324 Homestead Drive Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Council Meeting: April 11, 2006 Subject: Subordination Request for 3324 North Homestead Drive Item #’s: G-20 Presenter(s): Joni Kuzma, Community Development Background The Cit y Of Grand Island has a Deed of Trust filed on property owned by Douglas and Angela Boersen at 3324 Homestead Drive, in the amount of $25,000.00. On August 12, 2005, Community Development Block Grant funds in the amount of $25,000.00 were loaned to Douglas and Angela Boersen, husband and wife, to assist in the rehabilitation of a home in the Community Development Block Grant program. The legal description is: Lot One (1) in Homestead Second Subdivision, Hall County, Nebraska a/k/a 3324 Homestead Drive. The owner is requesting permission to assume a first mortgage, behind which the City would become the second mortgage. Discussion The City’s current Deed of Trust is junior in priority to a Deed of Trust to EquiFirst Corporation in the amount of $94,900.00. A new lien in the amount of $143,000.00 with the Franklin American Mortgage Company would replace the senior Deed of Trust with EquiFirst, as well as consolidate a third and fourth Deed of Trust used to finish the handicapped accessibility rehabilitation issues the family needed to address. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Franklin American Mortgage Company, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The new appraised value of the property is $168,000 and is sufficient to secure the first mortgage of $143,000.00 and the City’s mortgage of $25,000.00. The City’s loan of $25,000.00 will be forgiven if the original owner of the property (Douglas and Angela Boersen) resides in the house for a period of 10 years from the date the lien was filed which was August 12, 2006. The Boersen’s have lived at this address for 3 years and will have 9 years left before the loan expires with the City. The lien amount decreases 10% per year. Community Development Subordination guidelines state the following: 1) Community Development will subordinate within the following conditions: a. Re-financing the original home loan to reduce the amount of interest paid or to reduce the amount of the original monthly payment. The loan cannot exceed the original loan by more than $500. b. Re-financing the original home loan for debt consolidation ONLY IF THE AMOUNT OF THE LIEN IS PAID OFF TO THE CITY OF GRAND ISLAND. The amount depends if the program prorates the payment back or if it is a 100% payoff regardless of what year it is in. c. Only one subordination granted every 5 years per applicant. d. Loans must be with a NIFA or an FHA approved lender, unless it is an interest rate reduction loan and the loan amount does not increase. Only then will other consideration by given for another loan. e. There may be extenuating circumstances for a request. Community Development staff will consider each client on a case by case basis. f. All subordination requests must be submitted for approval to the Grand Island City Council. Subordination agreements cannot be signed without council approval. All requests need to be in two weeks prior to a regularly scheduled City Council meeting. The circumstances under which Mr. and Mrs. Boersen has requested subordination have been determined by the Community Development Division to be “extenuating” and approval is recommended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Subordination Request. 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that the Council approves the Subordination Request. Sample Motion Recommend approval to the Grand Island City Council of the Subordination Agreement with Franklin American Mortgage Company, placing the City in the junior position to the new Deed of Trust. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-116 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated July 1, 2005 and recorded on August 12, 2005 as Instrument No. 0200507865, in the amount of $25,000.00, secured by property located at 3324 N. Homestead Drive and owned by Douglas A. Boersen and Angela M. Boersen, husband and wife, said property being described as follows: Lot One (1), Homestead Second Subdivision in the City of Grand Island, Hall County, Nebraska. WHEREAS, Douglas and Angela Boersen wish to execute a Deed of Trust and Note in the amount of $143,000 with Franklin American Mortgage Company to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from Douglas A. Boersen and Angela M. Boersen, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Franklin American Mortgage Company, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2006-117 - Approving Semi-Annual Report by the Citizens' Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing Item E-6. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: City of Grand Island City Council Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-117 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens Advisory Review Committee was held at a regular session of the Grand Island City Council on April 11, 2006; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G22 #2006-118- Approving a Time Extension to the Contract with the Starostka Group Unlimited Inc., for Construction of Sanitary Sewer District 519; Lots 10 through 21 of Westwood Park Second Subdivision Tuesday, April 11, 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: April 11, 2006 Subject: Approving a Time Extension to the Contract with the Starostka Group Unlimited Inc., for Construction of Sanitary Sewer Dis trict 519; Lots 10 through 21 of Westwood Park Second Subdivision Item #’s: G-22 Presenter(s): Steven P. Riehle, Public Works Director Background Any changes to a contract require council approval. The City Council awarded the bid for construction of Sanitary Sewer District 519 to the Starostka Group Unlimited Inc., on February 14, 2006. The contract allows 90 calendar days to complete the work. The completion date for the project, based on the notice to proceed date of March 13, 2006, is June 10, 2006. Discussion The Starostka Group is requesting a two week time extension to complete the work due to the snow storm on March 20th and 21st. This would move the completion date to June 24, 2006. Administration believes this request is reasonable. 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 by 14 days to June 24, 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: Sanitary Sewer District 519 CONTRACTOR: Starostka Group Unlimited, Inc. AMOUNT OF ORIGINAL CONTRACT: $170,398.26 CONTRACT AWARD DATE: February 14, 2006 CONTRACT DATE: March 3, 2006 Notice to Proceed Date…………………………………… ………………....March 13, 2006 Original Contract Time Allowance…………………………………….......90 Calendar Days Original Completion Date …………………….…………………………...……June 10, 2006 Revised Contract Time Allowance………………………………………104 Calendar Days Revised Completion Date ……………...…………………..……...…….....…June 24, 2006 Contractor Starostka Group Unlimited, Inc. By Date Title CITY OF GRAND ISLAND, NEBRASKA, By Date Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-118 WHEREAS, on February 14, 2006, by Resolution 2006-44, the City Council of the City of Grand Island approved the bid of the Starostka Group Unlimited, Inc. of Grand Island, Nebraska for Sanitary Sewer District No. 519; and WHEREAS, due to the recent snow storm, the Starostka Group Unlimited, Inc. was unable to proceed with the project; and WHEREAS, Starostka Group Unlimited, Inc. has requested an additional fourteen days to complete the construction of Sanitary Sewer District No. 519. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for Sanitary Sewer District No. 519 is hereby extended fourteen days, with a new completion date of June 24, 2006. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G23 #2006-119 - Approving Installation of a Traffic Signal on US HWY 30 at the Shared Driveway Serving the Public Safety Center and the Hall County Jail Complex Tuesday, April 11, 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: April 11, 2006 Subject: Approving Installation of a Traffic Signal on US HWY 30 at the Shared Driveway Serving the Public Safety Center and the Hall County Jail Complex Item #’s: G-23 Presenter(s): Steven P. Riehle, Public Works Director Background An engineering study and council approval is needed for the installation of traffic signals. Discussion A traffic engineering study was performed using projected traffic counts for the facilities. The study showed that the driveway met the warrants in the Manual of Uniform Traffic Control Devices (MUTCD) for the installation of a signal. Since the signal is being installed based on projected traffic counts, the MUTCD requires a traffic engineering study be performed 12 months after the signal is operational to verify that the warrants are met. Olsson Associates is preparing the traffic signal plans. The Engineering Division of the Public Works Department will prepare the bid specifications. It is anticipated that bids will open in the summer of 2006 with the installation will be completed in the spring of 2007. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the installation of the traffic signal on US HWY 30 at the shared driveway serving the Public Safety Center and the Hall County Jail Complex. 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 installation of the traffic signal. Sample Motion Approve the installation of the traffic signal. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-119 WHEREAS, the City Council, by authority of Section 22-27 of the Grand Island City Code, may by resolution regulate motor vehicle traffic upon the streets of the City of Grand Island; and WHEREAS, a traffic engineering study was performed using projected traffic counts to determine the need for a traffic signal along U.S. Highway 30 at the location of the shared driveway which will serve the new Public Safety Center and the Hall County Jail Complex; WHEREAS, the study revealed the need for a traffic signal at such intersection; WHEREAS, it is requested that a traffic signal be installed at such intersection to allow for increased traffic safety at such location. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that it is hereby approved to install a traffic signal to control traffic along U.S. Highway 30 at the location of the shared driveway to serve the new Public Safety Center and the Hall County Jail Complex. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G24 #2006-120 - Approving Memorandum of Understanding with Nebraska Emergency Management Agency for Homeland Security Grant Funding Tuesday, April 11, 2006 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: April 11, 2006 Subject: Memorandum of Understanding Item #’s: G-24 Presenter(s): Lela L. Lowry, EM/911 Director Background Each County in Nebraska has the opportunity to receive Homeland Security Grants to help support planning, training and exercises to prepare responders and volunteers to effectively respond to any type of emergency or disaster which may present itself. It is understood that NEMA will provide instructors for the training with homeland security money that has been funded to their department. In cooperation with state wide training process, portions of the money that is awarded to Hall County is asked to be used to support training in Hall County. If the training is multiple days with extended classroom hours, overnight housing may be needed. This agreement states that with the Homeland Security money that Hall County receives from the Federal Government, rooms and meals will be paid for with the understanding of full reimbursement by NEMA with Homeland Security Grant Money. This memorandum of understanding will establish terms by which Nebraska expends Homeland Security Grant Funding on behalf of Local Government, provided that Local Government and Nebraska enter into an agreement on the matter. Discussion The purpose of this agreement is to set forth terms by which NEMA shall deliver training and exercise support in Hall County utilizing State Homeland Security Grant funds. Homeland Security Grant Money received by Hall County will also be used to support further training for the city and the county. 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 move to approve this memorandum of understanding between NEMA and Grand Island/Hall County Emergency Management/911 Center. Sample Motion Motion to approve the memorandum of understanding between NEMA and Grand Island/Hall County Emergency Mana gement/911 Center. MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING / AGREEMENT BETWEEN THE STATE OF NEBRASKA/NEBRASKA EMERGENCY MANAGEMENT AGENCY AND LOCAL GOVERNMENT/EMERGENCY MANAGEMENT AGENCY, HALL COUNTY NEBRASKA. REGARDING STATE USE OF HOMELAND SECURITY GRANT FUNDING REGARDING LOCAL GOVERNMENT 1. PARTIES. The parties to this Agreement are the State of Nebraska/Nebraska Emergency Management Agency and the Local Government, Grand Island/Hall County Emergency Agency, Hall County, Nebraska. 2. AUTHORITY. This Agreement is authorized under the provisions of the United States Department of Homeland Security issued grant number 2005-GE-T5-0020. 3. PURPOSE. The purpose of this Agreement is to set forth terms by which Nebraska shall expend Homeland Security Grant Funding o n behalf of Local Government. On April 1 , 2004, the United States Department of Homeland Security issued grant number 2004-GE-T4-0048 to Nebraska. Under this grant, Nebraska must allocate grant funding to Local Government. Under this grant, Local Government may authorize Nebraska to utilize funds on behalf of Local Government, provided that Local Government and Nebraska enter into an Agreement on the matter. a. The purpose of this agreement is to set forth terms by which NEMA shall deliver training and e xercise support in Hall County, Nebraska, utilizing State Homeland Security Grant funds allocated to Hall County Nebraska. 4. RESPONSIBILITIES. a. State i. NEMA will provide course management, instructors, equipment, and instructor transportation as needed. Estimated cost to be $15,000.00 ii. Grand Island/Hall County EMA will provide the facility for classrooms, lodging for participants and instructors, all printed materials, supplies, breaks and appropriate meals. 5. POINTS OF CONTACT. a. NEMA: Henry Tamasi, 1300 Military Road, Lincoln, NE 402-471-7349 b. GRAND ISLAND/HALL COUNTY EMA: Lela Lowry, PO Box 1968, Grand Island, NE 68802, 308-385-5372. 6. OTHER PROVISIONS. Nothing in this Agreement is intended to conflict with current laws or regulations of Nebraska or Local Government. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. 7. EFFECTIVE DATE. The terms of this agreement will become effective on February 1, 2006. 8. MODIFICATION. This agreement may be modified upon the mutual written consent of the parties. 9. TERMINATION. The terms of this agreement, as modified with the consent of both parties will remain in effect until March 31, 2007. Either party upon 10 days written notice of the other party may terminate this agreement. APPROVED BY: ________________________________ ______________________________ February 13, 2006 February 13, 2006 Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-120 WHEREAS, on April 1, 2004, the United States Department of Homeland Security authorized grant funding to the state of Nebraska pursuant to Grant No. 2004-GE-T4-0048; and WHEREAS, it is recommended that such grant funding in the estimated amount of $15,000 be used for personnel from the Nebraska Emergency Management Agency to deliver training and exercise support in Hall County; and WHEREAS, a Memorandum of Understanding has been prepared between the State of Nebraska Emergency Management Agency and the Grand Island/Hall County Emergency Management Center to further address the use of such grant funding and the responsibilities of the parties; and WHEREAS, the City Attorney's office has reviewed and approved the proposed Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding / Agreement between the State of Nebraska Emergency Management Agency and the Grand Island / Hall County Emergency Management Center for the use of Homeland Security grant funding is herby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G25 #2006-121- Approving Interlocal Agreement for Cooperative Public Safety Services for Interoperable Radio System Tuesday, April 11, 2006 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: April 11, 2006 Subject: Inter-local agreement for cooperative public safety services. Item #’s: G-25 Presenter(s): Lela L. Lowry, EM/911 Director Background This is an agreement between the counties of Adams, Buffalo, Chase, Clay, Dawson, Dundy, Frontier, Furnas, Gosper, Hall, Hamilton Harlan, Hayes, Hitchcock, Kearney, Nuckolls, Phelps, Red Willow and Webster and the participating cities and villages within the se counties to form an interoperable radio system among public safety agencies. A radio system that has the capability of connecting multiple frequencies from multiple agency and counties will ensure effective communication and a quicker response without dispatchers having to “relay” information from one agency to another. Discussion Enter into the multi-county agreement to continue to receive Homeland security funding for maintenance and service to the inter-operability communications equipment. 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 move to approve this Inter-Local Agreement for Cooperative Public Safety Service. Sample Motion Motion to approve the Inter-Local Agreement for Cooperative Public Safety Service. Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-121 WHEREAS, the Central Nebraska Radio Interoperability group is composed of governmental agencies within the counties of Adams, Buffalo, Chase, Clay, Dawson, Dundy, Frontier, Furnas, Gosper, Hall, Hamilton, Harlan, Hayes, Hitchcock, Kearney, Nuckolls, Phelps, Red Willow and Webster; and WHEREAS, it is recommended that a public safety Interoperable Radio System be established, maintained, and operated within the jurisdictions of the participating agencies; and WHEREAS, an Interlocal Agreement has been reviewed and approved for such project by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Agreement for Cooperative Public Safety Services by and among the counties of Adams, Buffalo, Chase, Clay, Dawson, Dundy, Frontier, Furnas, Gosper, Hall, Hamilton, Harlan, Hayes, Hitchcock, Kearney, Nuckolls, Phelps, Red Willow and Webster, and the cities and villages within said counties to establish, maintain and operate a public safety Interoperable Radio System is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of the Request from Ryan Hansen for Extension of Nonconforming Use at 2216 South Locust Street Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: April 11, 2006 Subject: Request of Ryan Hansen for Extension of Nonconforming Use at 2216 South Locust Street, Grand Island, Nebraska Item #’s: H-1 Presenter(s): Craig Lewis Background This is a request to allow for the expansion of a nonconforming use at the property located at 2216 S. Locust. The property is currently zoned B-2/A-C, which is a General Business Zone with an Arterial Commercial Overlay Zone. That zo ning classification does not allow for automotive body shops unless as an accessory use to vehicle sales establishments. It appears that the City Council in September of 1980 granted a conditional use permit for the reconstruction of the existing body shop operation damaged by the 1980 tornados for the property addressed 212 Wyandotte. The property of the current request appears to have been utilized as an accessory lot for the approved body shop. As an accessory to an existing shop any expansions of the current operation because the use is not permitted in the zoning classification needs approval of the City Council in the form of an expansion of a non conforming use. It is my understanding that this proposal is to construct a new building at 2216 S. Locust for the body shop operation and possibility sell the existing building at 212 Wyandotte for an alternative business. Discussion The City code does not specifically allow body shop operations in the current zoning classification along the South locust Street corridor. The site for consideration has been utilized as an automotive body shop for approximately the past fifty years and did receive approval from the City Council in 1980 to continue. It does not appear that a continuation of the existing facility or the construction of a new facility on the adjacent lot to the north would create a negative impact on the neighboring properties or the Locust Street Corridor. The South Locust Improvement Board for the Business Improvement District #3 convened a special meeting on April 4, 2006 to discuss this request. At that meeting the Board unanimously voted to support this request with the recommendation that any and all wreaked vehicles be screened such that they would not be visible from Locust Street. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the extension of the nonconforming use. 2. Disapprove or /Deny the request. 3. Modify the approval to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request for a nonconforming use to permit the construction of a new automotive body shop operation with the condition that any and all wrecked vehicles located on the site be screened such that they are not visible from Locust Street. Sample Motion Motio n to approve the request to allow for the extension of a nonconforming use of a automotive body shop facility at 2216 South Locust Street, with the condition that any and all wrecked vehicles be visually screened from Locust Street.. Item H2 Approving Request of John Luisi for NE Colorado Cellular, Inc. dba Viaero Wireless for Conditional Use Permit for a 120' Telecommunications Tower Located at 305 Wilmar Avenue This item relates to the aforementioned Public Hearing Item E-4. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2006-104 - Approving Request of Grand Island Venue I, Inc. dba Copa Cabana, 2850 Old Fair Road for a Class "C" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-104 WHEREAS, an application was filed by Venue I, Inc., doing business as Copa Cabana at 2850 Old Fair Road for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 1, 2006; such publication cost being $13.60; and WHEREAS, a public hearing was held on March 28, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-122 - Approving Request of De Luna Corporation dba Tabares Bar & Grill, 106 West 4th Street for a Class "C" Liquor License and Octavio De Luna-Rodriquez, 908 East Bismark Road for Liquor Manager Designation This item relates to the aforementioned Public Hearing Item E-2. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-122 WHEREAS, an application was filed by De Luna Corporation, doing business as Tabares Bar & Grill at 106 W. 4th Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on April 1, 2006; such publication cost being $13.60; and WHEREAS, Octavia De Luna-Rodriquez has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on March 28, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends the application of Octavia De Luna- Rodriquez as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item I3 #2006-123 - Approving Bid Award for Construction of Fire Station #1 Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Jim Rowell, Fire Chief Meeting: April 11, 2006 Subject: Bid Award for Fire Station 1 Item #’s: I-3 Presenter(s): Jim Rowell, Fire Chief Background Over the past two years the Fire Station Committee has worked on site, architect selection, and station design. During this same time City Council has approved site and architect selection. The Fire Station Committee is comprised of City Administrator Gary Greer, Councilmember Bob Meyer, Duane Donaldson with Home Federal Bank, and the following members from the Fire Department: Jim Rowell, Curt Rohling, Troy Hughes, Todd Morgan, Brett Bamesberger, Russ Bolling, and Chris Hoffman. The fire station project has completed the design phase and received bids for fire station construction. During this time, members of the committee worked closely with Architect Jim Brisnehan to create a quality building. Discussion The Fire Station Project is ready for the construction phase. Selecting the contractor and awarding the contract is the action to consider. The builder then becomes the critical link in the success of the project. Bid opening was held on March 14, 2006 with seven qualified builders submitting bids on the project. A summary document is included in your packet with the amount of the bids for all the bidders. The summary document also includes the bid amount for each alternate item listed in the bid specifications. Alternate items were included in the bid document in the event the base bid was below the estimate. Tri Valley Builders Inc. submitted the lowest base bid for $2,195,000. The dollar amount listed for Tri Valley Builders, Inc. is without any alternates. Should the Council choose to include any one or all of the alternates, Tri Valley Builders, Inc. would remain the lowest bidder. The alternates were: 1: Fourth drive through bay - $125,000 2. Plymovent exhaust system - $3,500 3. Natural gas generator - $55,000 4. Storage building - $77,000. The dollar amount to include all the alternates would be $2,455,500. The bid requirements were met and funds are available for this project. The Finance Department has evaluated the funding available and the Legal Department reviewed applicable state laws and local codes. They advised that we may proceed as approved by Counc il. The rising cost of fuel as well as the cost of the materials affects the overall cost of the project. From the time the project started we have seen a significant rise in costs associated with construction. With the outcome of the current bids being all within a close grouping in terms of cost we feel we have good bids. Due to continued increasing costs, re-bidding the project would most likely result in an increase in project cost. We will work to contain and reduce the cost of the project as allowed by code. Because the architect’s fee is based on a percentage of the project cost, and the bids were all higher than anticipated we are working with the architect to contain the cost of their fee as well. The project committee and the architect met the day of the bid opening and reviewed the results. After discussing the bidder qualifications and the bid figures, they decided to gather more information on the increased costs. The committee then met again and decided that we should move ahead and recommend council approval of the low bid submitted by Tri Valley Builders, Inc. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Move to approve including specific alternates 3. Refer the issue to a Committee 4. Postpone the issue to future date 5. Take no action on the issue Recommendation City Administration recommends that the Council award the contract to Tri Valley Builders, Inc. of Grand Island, Nebraska and authorize the mayor to sign said contract. Sample Motion Motion to approve contract with Tri Valley Builders, Inc. of Grand Island, Nebraska for construction of new fire station one at 409 East Fonner Park Road. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: March 14, 2006 at 11:30 a.m. FOR: Construction of Fire Station 1 DEPARTMENT: Fire ESTIMATE: $2,000,000.00 FUND/ACCOUNT: 40015025-90007 PUBLICATION DATE: February 22, 2006 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Central Contracting Corp. Bierman Contracting, inc. Kearney, NE Columbus, NE Bid Security: Travelers Casualty & Surety Co. Universal Surety Company Exceptions: None None Base Bid Price: $2,292,000.00 $2,320,000.00 Alternate No. 1: 97,800.00 112,500.00 Alternate No. 2: 2,900.00 3,500.00 Alternate No. 3: 47,200.00 59,900.00 Alternate No. 4: 72,000.00 81,000.00 Completion Date: March 1, 2007 February 2007 Bidder: Farris Construction Co., Inc. Lacey Construction Company Hastings, NE Grand Island, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Base Bid Price: $2,456,100.00 $2,430,000.00 Alternate No. 1: 139,195.00 116,000.00 Alternate No. 2: 10,287.00 4,000.00 Alternate No. 3: 57,269.00 50,000.00 Alternate No. 4: 95,151.00 80,000.00 Completion Date: January 2007 July 1, 2007 Bidder: Tri Valley Builders, Inc. Chief Construction Company Grand Island, NE Grand Island, NE Bid Security: Universal Surety Company Fidelity & Deposit Company Exceptions: None None Base Bid Price: $2,195,000.00 $2,433,000.00 Alternate No. 1: 125,000.00 84,400.00 Alternate No. 2: 3,500.00 3,400.00 Alternate No. 3: 55,000.00 59,100.00 Alternate No. 4: 77,000.00 85,000.00 Completion Date: June 2007 January 15, 2007 Bidder: Sampson Construction Co., Inc. Kearney, NE Bid Security: Liberty Mutual Insurance Company Exceptions: None Base Bid Price: $2,450,000.00 Alternate No. 1: 118,000.00 Alternate No. 2: 3,300.00 Alternate No. 3: 46,000.00 Alternate No. 4: 87,000.00 Completion Date: December 15, 2006 cc: Jim Rowell, Fire Chief Curt Rohling, Fire Operations Div. Chief Chris Hoffman, Public Safety Sec. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1065 City Attorney’s Office Douglas R. Walker, City Attorney Dale M. Shotkoski, Assistant City Attorney INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today. DATE: April 6, 2006 TO: Jim Rowell, Fire Chief FROM: Dale M. Shotkoski, Attorney RE: Engineer’s Estimate and Fire Station Bids ----------------------------------------------------------------------------------------------------------------------- In regards to the question asked as to whether it is legal to accept bids which exceed the engineer’s estimate, the question is somewhat misplaced in that no engineer’s estimate was requested or obtained prior to seeking the bids for the fire station, which is not necessarily the problem. The term “engineer’s estimate” is a statutory requirement in certain situations, and can be requested when a new building is going to be erected. Neb. Rev. Stat., §16-321, which governs engineer’s estimates states: “The city engineer shall, when requested by the mayor or city council, make estimates of the costs of labor and material which may be done or furnished by contract with the city and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, the building of culverts, sewers, electric light system, water works, power plant, public heating system, bridges, curbing and gutters, the improvement of streets and the erection and repair of buildings and shall perform such other duties as the council may require.” There are other provisions in the statute when engineer’s estimates are required, however, as you can see for the erection of a building, the engineer’s cost estimate is only necessary when requested by the mayor or council. I do not know if any such request is made of the city engineer prior to obtaining the bids for the fire station and it was my understanding that the cost estimate that was obtained prior to seeking bids was furnished instead by the architect who had been hired by the city to prepare the construction plans. Jim Rowell, Fire Chief April 6, 2006 Page Two The question that needs to be answered as to whether or not the bid for the fire station can be accepted because it exceeded the architect’s cost estimate, is an administrative issue as to whether or not there are enough funds available to award the contract and if there are enough funds to award the contract, whether or not the bid, which is exceeded the estimate, is found and deemed to be reasonable and in the best interests of the city. If the determination is made that there are funds available to award the contract, it would be legal to award the contract, and the contract can be awarded if the costs are found to be reasonable and if the bid is found to be acceptable and in the best interest of the city. Under the City Code for the City of Grand Island, Section 27-8, if it is found that the low responsive bid for the construction project exceeds available funds as certified by the city treasurer or the finance director, and if such bid is found to not exceed such funds by more than 5%, at that time, the city could, if time and economic considerations preclude re-solicitation of work of a reduced scope, negotiate an adjustment of the bid price with the low response of the responsible bidder in order to bring the bid within the amount of available funds. Negotiated adjustments shall be based upon eliminating independently deducted items specified in the invitation for bids or upon adjustments to unit prices or project prices. What this section of the City Code basically requires again, is the finding of whether or not there are funds available to award the contract to a low responsive bidder. If it is found that such funds are not available and if the low bid was no more than 5% of the available funds, then negotiations on a limited basis could commence. If again, a finding is made that time and economic considerations would preclude the re-solicitation of work of a reduced scope. It has been explained to me that the available funds are present to award the contract based upon the low bid received so it may not be necessary to make the findings as to whether or not re-solicitation should be precluded or should be done and at this point, it appears that the mayor and council can legally award the contract if they find that the bid is acceptable based upon the estimate that was provided at the time, available funds and other considerations that they deem relevant. One contributing factor which may have led to the construction bid prices coming in higher than the estimate is that the contract with the architect was written so that the architect’s fees were tied to a percentage of the total construction cost which opened the possibility up of having a building designed at a higher than expected price which would in turn then ratchet up the amount of fees the architect could then request from the city. Apparently some discussion with the architect has occurred in regards to these fees provisions and I do not know the results of those discussions, however, it would be my recommendation in the future, that architect agreements not be written in this fashion to hopefully prevent this situation from re-occurring. Jim Rowell, Fire Chief April 6, 2006 Page Three The architect’s agreement was legal as to form, however, it was written in a fashion which created an opportunity for the architect to design a building at a higher price, thus costing the city and the city tax payers more money to construct the building than may have originally been deemed necessary. Not being an architect, I cannot say that this is what occurred in this case, however, contracts written in this fashion do allow for the situation to arise more easily than if there had been a definite cap put on the architect fees. DMS/sp Approved as to Form ¤ ___________ April 6, 2006 ¤ City Attorney R E S O L U T I O N 2006-123 WHEREAS, the City of Grand Island invited sealed bids for Construction of Fire Station No. 1, according to plans and specifications on file with the architects for the project, Cannon, Moss, Bygger & Associates; and WHEREAS, on March 14, 2006, bids were received, opened and reviewed; and WHEREAS, Tri Valley Builders, Inc. of Grand Island, Nebraska, submitted a base bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such base bid being in the amount of $2,195,000; and WHEREAS, alternate bids were also requested from each of the bidders for additional options to the construction project; and WHEREAS, Tri Valley Builders, Inc. submitted a bid in the amount of $125,000 for Alternate No. 1; a bid in the amount of $3,500 for Alternate No. 2; a bid in the amount of $55,000 for Alternate No. 3; and a bid in the amount of $77,000 for Alternate No. 4. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The base bid of Tri Valley Builders, Inc. of Grand Island, Nebraska, in the amount of $2,195,000 for the construction of Fire Station No. 1 is hereby approved as the lowest responsible base bid. ____ The Tri Valley Builders bid for Alternate No. 1 – (fourth drive-thru bay) in the amount of $125,000 is hereby approved. ____ The Tri Valley Builders bid for Alternate No. 2 – (Plymovent exhaust system) in the amount of $3,500 is hereby approved. ____ The Tri Valley Builders bid for Alternate No. 3 – (natural gas generator) in the amount of $55,000 is hereby approved. ____ The Tri Valley Builders bid for Alternate No. 4 – (storage building) in the amount of $77,000 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, April 11, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of March 29, 2006 through April 11, 2006 The Claims for the period of March 29, 2006 through April 11, 2006 for a total amount of $1,713,001.53. A MOTION is in order. Tuesday, April 11, 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 March 29, 2006 through April 11, 2006 The Claims for the Library Expansion for the period of March 29, 2006 through April 11, 2006 for the following requisitions. #25 $222,699.85 A MOTION is in order. Tuesday, April 11, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council