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09-26-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 26, 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 Scott Friesen, Berean Bible Church, 4116 West Capital Avenue 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 "Hispanic Heritage Month" September 15, 2006 to October 15, 2006 Hispanic men and women have worked hard to create opportunities in the next century, overcoming barriers of language, culture, and tradition. They play an integral role in the progress and productivity of our great city, working to fortify our communities and strengthen our families by continuing to strive for equal opportunity in the areas of employment, education, and economic development. The Hispanic population is making Grand Island stronger than ever. The Mayor has proclaimed September 15, 2006 through October 15, 2006 as "Hispanic Heritage Month" in Grand Island. See attached PROCLAMATION. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing Concerning Acquisition of Utility Easement - 2620 S. Shady Bend Road - John & Carolyn Schroll Tuesday, September 26, 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: September 26, 2006 Subject: Acquisition of Utility Easement – 2620 South Shady Bend Road - Schroll Item #’s: E-1 & G-6 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 John J. and Carolyn M. Schroll, located at 2620 South Shady Bend Road, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground cable and a single phase pad mounted transformer to provide electrical service to a new home at 2620 South Shady Bend Road. 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 E2 Public Hearing Concerning Acquisition of Utility Easement - 1417 S. Shady Bend Road - Dennhardt Tuesday, September 26, 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: September 26, 2006 Subject: Acquisition of Utility Easement – 1417 S. Shady Bend Road - Dennhardt Item #’s: E-2 & G-7 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 Leland B. and Judy A. Dennhardt, located along the east side of Shady Bend Road, approximately 1,900’ north of Stolley Park Road, south of 1417 S. Shady Bend Road, located in Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place a pad-mounted single phase transformer to provide electric service. There will be a new home constructed on 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 E3 Public Hearing Concerning Acquisition of Utility Easement - 2620 W. Faidley Avenue - St. Francis Medical Center Tuesday, September 26, 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: September 26, 2006 Subject: Acquisition of Utility Easement – 2620 West Faidley Avenue - St. Francis Medical Center Item #’s: E-3 & G-8 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of St. Francis Medical Center, located on the north side of the new construction, 2620 West Faidley Avenue , in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion St. Francis Medical Center is in the process of constructing additions to their building. To facilitate the new construction, the electric transformers and underground cables must be relocated and expanded. The easement to be acquired will allow the access and maintenance of those new facilities. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Motion to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning Acquisition of Utility Easement - 4949 Juergen Road - BM & M, LLC Tuesday, September 26, 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: September 26, 2006 Subject: Acquisition of Utility Easement – 4949 Juergen Road BM & M, LLC Item #’s: E-4 & G-9 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 BM & M, LLC, located on the northwest corner of property located at 4949 Juergen Road, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground electric cables and a three phase pad- mounted transformer to provide service to a new business. 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 E5 Public Hearing on Change of Zoning for a Tract of Land Proposed for Platting as Sterling Estates Subdivision from R1 Suburban Residential and R4 High Density Residential to R1 Suburban Residential, R4 High Density Residential and RO Residential Office Tuesday, September 26, 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: September 26, 2006 Subject: Change of Zoning for Land Proposed for Platting as Sterling Estates Subdivision Item #’s: E-5 & F-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This application proposes to change the zoning district boundaries on a parcel of land located in the Northwest ¼ of Section 12, Township 11 north, Range 10 west of the 6th P.M. in Grand Island, Nebraska and to change the zoning of a portion of the same property from R4 High Density Residential to RO Residential Office. The property is located between the Moore’s Creek Drainway, North Road, State Street and Capital Avenue in the City of Grand Island. Discussion The proposed changes are consistent with the comprehensive plan and modify the zoning district boundaries so they are consistent with the lot and street layout on the approved preliminary plat for Sterling Estates Subdivision. The change from R4 to RO will increase the intensity of use allowed on the property at the northeast corner of the subdivision. These lots are on a short cul-de-sac that opens onto Capital Avenue. The RO zone at this location is reasonable as the transition is made between the commercial to the east and proposed residential to the west. The other changes in boundaries between R1 and R4 are just shifts that prevent the zoning districts from splitting the proposed lots. The Planning Commission held a hearing on this application at their meeting on September 6, 2006. Members of the public, James Dutton, Sharon Manning and Karen Nagel asked questions concerning access to the development, the location of streets into the subdivision and who would be responsible for paying for the streets. There were no comments the application to rezone the property. Steve Riehle, Chad Nabity and Terry Brown addressed those questions. 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 A motion was made by Haskins and seconded by Monter as presented. A roll call vote was taken and the motion passed with 10 members present (Amick, O’Neill, Ruge, Haskins, Monter, Niemann, Snodgrass, Eriksen, Hayes, Reynolds) voting in favor. Sample Motion Motion to approve the rezoning on this site from R1 Suburban Residential and R4 High Density Residential to R1 Suburban Residential, R4 High Density Residential and RO Residential Office zone, as recommended. Item E6 Public Hearing on Annexation of Property Located at 502 East Capital Avenue (First Reading) Tuesday, September 26, 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: September 26, 2006 Subject: Annexation of Property Located at 502 East Capital Avenue (First Reading) Item #’s: E-6 & F-2 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Annexation of land located in the W ½ of the E ½ of the W ½ of the SE ¼ 4-11-9 into the Grand Island City Limits. The property owners have requested that this property be annexed into the City of Grand Island and the City Council referred the issue to the Regional Planning Commission for a recommendation. Discussion This property is contiguous with the Grand Island City Limits. The owners have requested this annexation by proposing to plat this property as an addition to the City. This property is within the Grand Island Utilities Electrical Service District. Sewer and water are available to this property. This property is within the Grand Island School Districts. This annexation will not impact the two-mile extraterritorial jurisdiction of Grand Island. The public hearing was set and the annexation plan presented to the City Council at the August 22, 2006 City Council Meeting. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the annexation as presented 2. Modify the annexation to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Miller, and seconded by Snodgrass, to recommend the annexation of the above mentioned property as presented. A roll call vote was taken and the motion passed with 8 members present (Miller, O’Neill, Ruge, Haskins, Snodgrass, Amick, Brown, Niemann) voting in favor. Sample Motion Approve the annexation as Submitted Item E7 Public Hearing on Tax Increment Financing for Redevelopment Plan and Redevelopment Project Located at 210 East Stolley Park Road (Wile E Investments) Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP CRA Director Meeting: March 7, 2006 Subject: TIF Application from Wile E Investments Item #’s: E-7 & G-16 Presenter(s): Chad Nabity, AICP CRA Director Background Wile E Investments has applied for tax increment financing for the development of and expansion of a pet grooming business and kennel operation at 210 E Stolley Park Road in the City of Grand Island. To extend tax increment financing through a redevelopment contract, the developer must obtain the approval of the Community Redevelopment Authority and obtain the approval of the Planning Commission prior to coming before the City Council for final approval. Wile E Investments has obtained the approval of the Community Redevelopment Authority and has also obtained approval from the Regional Planning Commission at their September 6, 2006 meeting. This project now comes before the City Council for final consideration for authorizing tax increment financing. Discussion Dr. Melissa Girard of Wile E Investments has submitted a redevelopment contract in a timely manner to the Community Redevelopment Authority for consideration. The Community Redevelopment Authority has prepared the redevelopment contract for use in extending tax increment financing assistance to Wile E Investments. Wile E Investments proposes to construct a building on its property for an Animal Medical Clinic. The new building will allow for additional veterinarians and staff to work at this location as well as providing state of the art veterinary facilities for the Grand Island area. This project will be built on a site along Stolley Park Road that currently has a residential structure on it. The Grand Island City Council did issue a conditional use permit to Dr. Girard to allow her to use this structure as a veterinary clinic until such time as her new building is constructed. Subsequent to receiving CRA approval, the Hall County Planning Commission reviewed the amendment to the redevelopment plan for blight and substandard area number 2. They determined that the proposed development is consistent with the existing zoning and future land use planned and recommended approval. This proposed redevelopment contract, which would extend tax increment financing for fifteen years to this project is now before the City Council for consideration. The total tax increment financing allowed for this project may not exceed $142,500 during this 15 year period. 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 use of tax increment financing for the proposed project. 2. Not approve the use of tax increment financing for this project. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the use of tax increment financing for this project. Sample Motion Motion to approve a resolution to use tax increment financing for the redevelopment project of Wile E Investments. Item E8 Public Hearing on Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for an Addition to Class "CK-69738" Liquor License Tuesday, September 26, 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: September 26, 2006 Subject: Public Hearing on Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for an Addition to Class “CK-69738” Liquor License Item #’s: E-8 & I-1 Presenter(s): RaNae Edwards, City Clerk Background H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road has submitted an application for an addition to their Class “CK-69738” Liquor License. The request includes the entire grounds of approximately 300 acres including all buildings (Grandstand, Softball complex, Thompson arena, Concession trailer and Heartland Event’s Center). The addition would add the Heartland Event’s Center to their current license. 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 recommendation. 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 City Administration recommends that the Council approve the application for an addition of the Heartland Event’s Center to H & H Catering Liquor License “CK-69738” located at 700 Ea st Stolley Park Road contingent upon final inspections. Sample Motion Move to approve the application for an addition of the Heartland Event’s Center to H & H Catering Liquor License “CK-69738” located at 700 East Stolley Park Road contingent upon final inspections. Item E9 Public Hearing Pursuant to the Nebraska Liquor Control Commission Rules and Regulations 53-134.04 Regarding Complaints Filed Against OK Liquor, 305 West Koenig Street, Liquor License "D-15914" Tuesday, September 26, 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: September 26, 2006 Subject: Public Hearing Pursuant to the Nebraska Liquor Control Commission Rules and Regulations §53-134.04 Regarding Complains Filed Against OK Liquor, 305 West Koenig Street Liquor License “D-15914” Item #’s: E-9 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Nebraska Liquor Control Commission Rules and Regulations §53-134.04 states that: Any five residents of the city or village shall have the right to file a complaint with the local governing body of such city or village stating that any retail licensee subject to the jurisdiction of such local governing body has been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued pursuant to the act. Such complaint shall be in writing in the form prescribed by the local governing body and shall be signed and sworn to by the parties complaining. The complaint shall state the particular provision, rule, or regulation believed to have been violated and the facts in detail upon which belief is based. If the local governing body is satisfied that the complaint substantially charges a violation and that from the facts alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten days from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place of such hearing and of the particular charge in the complaint. The complaint shall in all cases be disposed of by the local governing body within thirty days from the date the complaint was filed by resolution thereof, which resolution shall be deemed the final order for purposes of appeal to the commission as provided in section 53-1,115. Discussion The City Clerk’s Office received ten (10) written, signed, and sworn complaints between August 30, 2006 and September 12, 2006 relating to OK Liquor located at 305 West Koenig Street. On September 12, 2006 the City Clerk notified OK Liquor of the hearing date set for September 26, 2006. The ten complaints list the sale of alcohol to a minor on several occasions by OK Liquor as the violation and basis for the Public Hearing. Nebraska Liquor Control Commission Rules and Regulations §53-180 – Sale to minors and incompetents; prohibited states: No person shall sell, give away, dispose of, exchange, or deliver, or permit the sale, gift, or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent. The Council needs to first find that the complaints substantially charge a violation and that from the facts alleged there is reasonable cause for such belief and if so then proceed to the hearing. If reasonable cause is found, a Public Hearing will be held to allow for the testimony regarding these complaints. City Council will need to take action on one of the following options: 1. Take no action – this will result in the continuation of all rights and privileges of this license 2. Cancel – this will discontinue all rights and privileges of this license 3. Revoke – this will permanently void and recall all rights and privileges of this license Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Take no action 2. Cancel Liquor License “D-15914” held by OK Liquor 3. Revoke Liquor License “D-15914” held by OK Liquor Recommendation City Administration recommends that the Council review the complaints and if reasonable cause is found hear all testimony offered based on the Nebraska Liquor Control Commission Rules and Regulation criteria for revocation of a Liquor License and render a decision after all testimony has been received. Public Safety Building =131 South Locust Street = Grand Island, Nebraska 68801 (308) 385-5400 = FAX: 385-5398 = Emergency: 911 Police Department To Protect and Serve Since 1872 Working Together for a Better Tomorrow. Today The Police Department has one additional contact with OK Liquor and owners Harold and Kathy Carmichael that occurred since 6-18-06 that should be included in the City Council packet. 8-9-06 Harold Carmichael reported a minor attempting to purchase alcohol. A minor was charged with attempting to purchase from OK Liquor and possession of alcohol acquired from another person. Respectfully submitted by, Chief Steven Lamken Item F1 #9077 - Consideration of Vacating Easement - St. Francis Medical Center - 2620 W. Faidley Avenue Tuesday, September 26, 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: September 26, 2006 Subject: Vacation of Utility Easements– 2620 W Faidley Ave St Francis Medical Center Item #’s: F-1 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department needs to vacate two easements relative to the property of the St. Francis Medical Center, 2620 W Faidley Ave nue, in the City of Grand Island, Hall County. The easements were located on top of electric utility cables and two pad- mounted transformers that are in the process of being relocated to facilitate the construction of additions to the St Francis Medical Center. Discussion The easements were originally created to provide access to upgrade, maintain, and repair the utility lines and transformers within the easements. Since the lines are being relocated, and buildings need to be constructed in these locations, the easements will no longer be needed. The easements to be vacated are in two sections. A new easement to replace these will be acquired by a separate document. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve vacation of the 16 ft. utility easements 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 Ordinance No. 9077 to vacate the utility easements as described on the St. Francis Medical Center property. Sample Motion Motion to approve Ordinance No. 9077 to vacate the utility easements as described on the St Francis Medical Center property. ORDINANCE NO. 9077 Vacate easement described in doc # 77-002499 and Vacate electric easement described in doc # 81-003216 An ordinance to vacate an existing sixteen (16.0) foot wide easement recorded in the Hall County Register of Deeds as document No. 77-002499; and to vacate an existing sixteen (16.0) foot wide electric easement recorded in the Hall County Register of Deeds as document No. 81-003216; both easements being located in part of Lot One (1) Saint Francis Medical Third Subdivision in the City of Grand Island, Hall County, Nebraska; ..... Easement # 77-002499 (Tract 1) A sixteen (16.0) foot wide tract of land lying eight (8.0) feet on each side of a line described as follows: Beginning at a point where the westerly prolongation of the north li ne of the sanitary sewer easement in Ordinance No. 4946, recorded in the Misc. Book 21, page 313, in the Register of Deeds office of Hall County, Nebraska, intersects the westerly line of the Southeast Quarter of the Northwest Quarter (SE 1/4, NW 1/4) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West; thence running easterly along the northerly line of the said sanitary sewer easement, for a distance of three hundred ninety (390.0) feet; thence running southeasterly a distance of one hundred sixty (160.0) feet, more or less, to a point four hundred ten (410.0) feet, more or less, south of the south right-of-way line of 10th Street and four hundred seventy five (475.0) feet, more or less, west of the west right-of-way line of Howard Avenue. Easement # 81-003216 (Tract 2) A sixteen (16.0) foot wide tract of land, the centerline being more particularly described as follows: Commencing at the Northeast corner of Lot One (1) Saint Francis Medical Subdivision; thence west for two hundred thirty six and seventy hundredths (236.70) feet along the north line of said Lot One (1); thence S23°09’52”E, a distance of one hundred forty eight (148.0) feet; thence N60°21’30”W, a distance of thirty eight and seventeen hundredths (38.17) feet; thence S29°38’30”W, a distance of one hundred twenty eight and forty four hundredths (128.44) feet to the ACTUAL Point of Beginning, being a point on the southerly line of said Lot One (1) and S60°21’30”E, a distance of twenty six (26.0) feet to a property corner on said southerly line; thence continuing S29°38’30”W, a distance of one hundred forty nine (149.0) feet; thence S74°38’30”W, a distance of one hundred thirty one and four hundredths (131.04) feet. The above described easements to be vacated are shown and more particularly described on Exhibit “A”, dated 9/8/2006, attached hereto. Approved as to Form ¤ ___________ September 22, 2006 ¤ City Attorney ORDINANCE NO. 9077 An ordinance to vacate a portion of an existing sixteen (16.0) foot wide easement recorded in the office of the Hall County Register of Deeds on May 10, 1977 as Document No. 77-002499, and to vacate a portion of an existing sixteen (16.0) foot wide easement recorded in the office of the Hall County Register of Deeds on June 19, 1981, as Document No. 81-003216; 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 a portion of an existing sixteen (16.0) foot wide easement recorded in the office of the Hall County Register of Deeds on May 10, 1977, as Document No. 77-002499, and a portion of an existing sixteen (16.0) foot wide easement recorded in the office of the Hall County Register of Deeds on June 19, 1981, as Document No. 81-003216, and through a part of Lot One (1), Saint Francis Medical Third Subdivision in the City of Grand * This Space Reserved for Register of Deeds * ORDINANCE NO. 9077 (Cont.) - 2 - Island, Hall County, Nebraska, more particularly described as follows, is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. TRACT NO. 1: A sixteen (16.0) foot wide tract of land lying eight (8.0) feet on each side of a line described as beginning at a point where the westerly prolongation of the north line of the sanitary sewer easement in Ordinance No. 4946, recorded in the Misc. Book 21, page 313, in the Register of Deeds office of Hall County, Nebraska, intersects the westerly line of the Southeast Quarter of the Northwest Quarter (SE ¼ NW ¼) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West; thence running easterly along the northerly line of the said sanitary sewer easement, for a distance of three hundred ninety (390.0) feet; thence running southeasterly a distance of one hundred sixty (160.0) feet, more or less, to a point four hundred ten (410.0) feet, more or less, south of the south right-of-way line of 10th Street and four hundred seventy five (475.0) feet, more or less, west of the west right-of-way line of Howard Avenue. TRACT NO. 2: A sixteen (16.0) foot wide tract of land lying eight (8.0) feet on each side of a line described as commencing at the Northeast corner of Lot One (1) Saint Francis Medical Subdivision; thence west for two hundred thirty six and seventy hundredths (236.70) feet along the north line of said Lot One (1); thence S23°09’52”E, a distance of one hundred forty eight (148.0) feet; thence N60°21’30”W, a distance of thirty eight and seventeen hundredths (38.17) feet; thence S29°38’30”W, a distance of one hundred twenty eight and forty four hundredths (128.44) feet to the actual point of beginning, being a point on the southerly line of said Lot One (1) and S60°21’30”E, a distance of twenty six (26.0) feet to a property corner on said southerly line; thence continuing S29°38’30”W, a distance of one hundred forty nine (149.0) feet; thence S74°38’30”W, a distance of one hundred thirty one and four hundredths (131.04) feet. SECTION 2. This ordinance is directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 3. 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. ORDINANCE NO. 9077 (Cont.) - 3 - Enacted: September 26, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9078 - Consideration of Annexation of Property Located at 502 East Capital Avenue This item relates to the aforementioned Public Hearing Item E-6. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 22, 2006 ¤ City Attorney ORDINANCE NO. 9078 An ordinance to extend the boundaries and include within the corporate limits of, and to annex to the City of Grand Island, Nebraska, a tract of land comprising a part of the West Half of the East Half of the West Half of the Southeast Quarter (W 1/2, E 1/2, W 1/2, SE 1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska; to provide service benefits thereto; to confirm zoning classifications; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on August 2, 2006, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, a part of the West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4) of Section Four (4), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, more particularly described as follows, into the City of Grand Island, Hall County, Nebraska: Beginning at the southwest corner of said West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4); thence running northerly along the west line of said West Half of the East Half of the West Half * This Space Reserved For Register of Deeds * ORDINANCE NO. 9078 (Cont.) - 2 - of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4), on an Assumed Bearing of N00º06'21"W, a distance of One Thousand Nine Hundred Eighty One and Forty Six Hundredths (1981.46) feet; thence running S89º00'06"E, a distance of Three Hundred Thirty Three and Eighty Five Hundredths (333.85) feet; to a point on the east line of said West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4); thence running S00º09'15"E, along the east line of said West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4), a distance of One Thousand Five Hundred Eighty Six and Forty Nine Hundredths (1589.49) feet, to the northeast corner of Lot One (1), Smith Acres Subdivision; thence running N88º58'38"W, along the north line of Lot One (1), Smith Acres Subdivision, a distance of One Hundred Sixty Seven and Seventy Two Hundredths (167.72) feet to the northwest corner of Lot One (1), Smith Acres Subdivision; thence running S00º09'51"E, along the west line of Smith Acres Subdivision, a distance of Three Hundred Ninety Five and Twenty Hundredths (395.20) feet, to a point on the south line of said West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4); thence running N88º57'24"W, along the south line of said West Half of the East Half of the West Half of the Southeast Quarter (W1/2, E1/2, W1/2, SE1/4), a distance of One Hundred Sixty Seven and Eighty Eight Hundredths (167.88) feet, to the point of beginning. WHEREAS, after public hearing on September 26, 2006, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 26, 2006, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above described tract of land is urban or suburban in character, and that the subject property is contiguous or adjacent to the corporate limits of said City. (B) The subject land will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to ORDINANCE NO. 9078 (Cont.) - 3 - the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services adopted by the City Council by the passage and approval of Resolution No. 2006-242 is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the Cit y of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. ORDINANCE NO. 9078 (Cont.) - 4 - SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extensio n of City Services adopted by herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 26, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9079 - Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Sterling Estates Subdivision from R1 Suburban Residential & R4 High Density Residential to R1 Suburban Residential, R4 High Density Residential & RO Residential Office This item relates to the aforementioned Public Hearing Item E-5. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney ORDINANCE NO. 9079 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising of a part of the Northwest Quarter (NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in Hall County, Nebraska, from R4 High Density Residential to RO Residential; directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 6, 2006, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on September 26, 2006, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned and reclassified and changed to R4 High Density Residential: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 12; THENCE ON AN ASSUMED BEARING OF S00°15'36"W UPON AND ALONG THE EAST LINE OF SAID ORDINANCE NO. 9079 (Cont.) - 2 - NW1/4 A DISTANCE OF 32.89 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE AND THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE N89°00'37"W ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 90.00 FEET; THENCE S00°15'38"W A DISTANCE OF 616.79 FEET TO THE POINT OF BEGINNING; THENCE N89°07'20"W A DISTANCE OF 1152.03 FEET; THENCE S00°52'40"W A DISTANCE OF 1279.60 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 40°00'00", AN ARC LENGTH OF 69.81 FEET, A RADIUS OF 100.00 FEET AND A CHORD BEARING S19°07'20"E FOR A DISTANCE OF 68.40 FEET; THENCE S39°07'20"E A DISTANCE OF 221.03 FEET TO A POINT ON THE WEST LINE OF A UNPLATTED TRACT OF LAND; THENCE N00°16'07"E ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 559.76 FEET TO THE NORTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N89°45'31"W ALONG THE NORTH LINE OF SAID UNPLATTED TRACT AND THE NORTH LINE OF AUTUMN PARK SECOND SUBDIVISION A DISTANCE OF 635.43 FEET TO THE NORTHWEST CORNER OF AUTUMN PARK SUBDIVISION; THENCE N89°45'04"W ALONG THE NORTH LINE OF AUTUMN PARK SUBDIVISION A DISTANCE OF 367.30 FEET; THENCE N00°15'38"E A DISTANCE OF 942.44 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1,172,243 SQUARE FEET OR 26.91 ACRES MORE OR LESS. SECTION 2. The following tract of land is hereby rezoned and reclassified and changed to RO Residential Office: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 12; THENCE ON AN ASSUMED BEARING OF S00°15'36"W UPON AND ALONG THE EAST LINE OF SAID NW1/4 A DISTANCE OF 32.89 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE AND THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE N89°00'37"W ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING; THENCE S00°15'38"W A DISTANCE OF 616.79 FEET; THENCE N89°07'20"W A DISTANCE OF 932.03 FEET; THENCE N00°52'40"E A DISTANCE OF 618.56 FEET TO A POINT ON THE SOUTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S89°00'37"E ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 925.39 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 573,623 SQUARE FEET OR 13.17 ACRES MORE OR LESS. SECTION 3. The following tract of land is hereby rezoned and reclassified and changed ORDINANCE NO. 9079 (Cont.) - 3 - to R1 Suburban Density Residential: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10) WEST, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 12; THENCE ON AN ASSUMED BEARING OF N89°07'58"W UPON AND ALONG THE SOUTH LINE OF SAID NW1/4 AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF STATE STREET A DISTANCE OF 1152.95' FEET, TO THE INTERSECTION OF THE NORTH R.O.W. LINE OF STATE STREET AND WEST R.O.W. OF EBONY LANE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N89°07'58"W ALONG AND UPON SAID NORTH R.O.W. LINE OF STATE STREET A DISTANCE OF 170.01' FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHWEST QUARTER (W1/2, SW1/4) OF SAID SECTION 12; THENCE N89°07'20"W A DISTANCE OF 1022.41' FEET; THENCE N00°24'10"E A DISTANCE OF 825.17' FEET; THENCE N89°09'11"W A DISTANCE OF 266.93' FEET TO A POINT ON THE EAST ROW OF NORTH ROAD; THENCE N 89°09"11W A DISTANCE OF 32.92' FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 12; THENCE N00°27'51"E ALONG SAID WEST LINE OF SECTION 12 A DISTANCE OF 49.75' FEET; THENCE S89°11'37"E A DISTANCE OF 32.91' FEET TO A POINT ON THE EAST ROW LINE OF NORTH ROAD; THENCE S89°11'37"E A DISTANCE OF 267.02' FEET; THENCE N00°26'09"E A DISTANCE OF 144.91' FEET; THENCE N89°11'05"W A DISTANCE OF 266.96' FEET TO A POINT ON THE EAST ROW LINE OF NORTH ROAD; THENCE N89°11'05"W A DISTANCE OF 32.90' FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE N00°27'51"E ALONG SAID WEST LINE OF THE NORTHWEST QUARTER A DISTANCE OF 1360.86' FEET TO THE SOUTHWEST CORNER OF NORTHWEST SUBDIVISION; THENCE S89°01'20"E ALONG THE SOUTH LINE OF NORTHWEST SUBDIVISION A DISTANCE OF 33.16' FEET TO A POINT ON THE EAST ROW LINE OF NORTH ROAD; THENCE S89°01'20"E AND CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 1089.87' FEET TO THE SOUTHEAST CORNER OF NORTHWEST SUBDIVISION; THENCE N00°26'38"E A DISTANCE 240.99' FEET TO A POINT ON THE SOUTH ROW OF CAPITAL AVENUE; THENCE S89°00'37"E ALONG THE SOUTH ROW LINE OF CAPITAL AVENUE A DISTANCE OF 498.48 FEET; THENCE S00°52'40"W A DISTANCE OF 618.56 FEET; THENCE N89°07'20"W A DISTANCE OF 220.00 FEET; THENCE S00°52'40"W A DISTANCE OF 1279.60 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTER CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 40°00'00", AN ARC LENGTH OF 69.81 FEET; A RADIUS OF 100.00 FEET AND A CHORD BEARING S19°07'20"E FOR A DISTANCE OF 68.40 FEET; THENCE S39°07'20"E A DISTANCE OF 221.03 FEET TO A POINT ON THE WEST LINE OF A UNPLATTED TRACT OF LAND; THENCE S00°16'07"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 370.92 FEET TO THE NORTHEAST CORNER OF EBONY LANE; THENCE N89°56'19"W ALONG THE NORTH ROW LINE OF EBONY LANE A ORDINANCE NO. 9079 (Cont.) - 4 - DISTANCE OF 60.08' FEET; THENCE S00°13'21"W ALONG THE WEST ROW OF EBONY LANE A DISTANCE OF 115.03' FEET TO THE POINT OF BEGINNING: SAID TRACT CONTAINS 3,312,927 SQUARE FEET OR 76.05 ACRES MORE OR LESS. SECTION 4. Tha t the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 5. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 26, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F4 #9080 - Consideration of Amendments to Chapter 32-2 of the Grand Island City Code Relative to Trees and Shrubs Projecting into the Street Tuesday, September 26, 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: September 26, 2006 Subject: Consideration of Amendments to Chapter 32-2 of the Grand Island City Code Relative to Trees and Shrubs Projecting into the Street Item #’s: F-4 Presenter(s): Steven P. Riehle, Public Works Director Background The City Code requires trees that overhang the street or sidewalk maintain a minimum of 14’ clearance. The City Code also restricts hedges and foliage, continuous of 5’ or more, to a height of no more than 36 inches in the required front yard set back; however the City Code does not have a similar height restriction in the right-of-way. Discussion Administration is recommending the overhang clearance to a sidewalk be reduced from 14’ to 8’. To be consistent with height restrictions in the required front yard set back, administration is recommending adding a height restriction to the City Code for landscaping in the Right-of-Way. The recommended changes for Section 2 of Chapter 32 are underlined: §32-2. Trees and Shrubs Projecting Into Street It is hereby declared unlawful for any property owner or any lessee or occupant of any property to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any street, lane, or sidewalk in such manner that there shall be a clearance of less than fourteen feet between the surface of such street, lane, or less then seven between the sidewalk and such limbs, branches, or foliage. Administration is recommending the following be added. It is also declared unlawful for any property owner or any lessee or occupant of any property to plant, grow, keep or maintain, or cause to be planted, grown, kept, or maintained, any hedge, bush, or shrubbery of any kind or nature, within the Public Right-of-Way to be continuous of five or more and of a height over three feet above the roadway surface measured from the nearest top of the roadway surface or the centerline grade of the roadway, whichever is higher. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve an Ordinance amending the City Code. 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 an Ordinance to restrict overhanging trees to a minimum of 8’ above the sidewalk and restrict shrub height to 36” within the Right-of-Way. Sample Motion Motio n to approve the Ordinance on trees and shrubs projecting into the street. Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney ORDINANCE NO. 9080 An ordinance to amend Chapter 32 of the Grand Island City Code; to amend Section 32-2 pertaining to trees and shrubs projecting into the street; to repeal Section 32-2 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-2 of the Grand Island City Code is hereby amended to read as follows: §32-2 It is hereby declared unlawful for any property owner or any lessee or occupant of any property to permit the limbs, branches or foliage of any tree or shrub upon such property to project into or extend over any street, lane, or sidewalk in such manner that there shall be a clearance of less than fourteen feet between the surface of such street, lane, or less than eight feet between the sidewalk and such limbs, branches, or foliage. It is also declared unlawful for any property owner or any lessee or occupant of any property to plant, grow, keep or maintain, or cause to be planted, grown, kept, or maintained, any hedge, bush or shrubbery of any kind or nature, within the public right-of-way to be continuous of five feet (5’) or more and of a height over three feet (3’) above the roadway surface measured from the nearest top of the roadway surface or the centerline grade of the roadway, whichever is higher. SECTION 2. Section 32-2 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: September 26, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 12, 2006 City Council Regular Meeting Tuesday, September 26, 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 September 12, 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 September 12, 2006. Notice of the meeting was given in The Grand Island Independent on September 6, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase. Councilmember Pauly was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and Interim City Attorney Dale Shotkoski. INVOCATION was given by Reverend David McCreary, First United Methodist Church, 724 West 12th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Grand Island South Side Nationals Little League Baseball Team, Nebraska Champions and Mid-West Regional Semi-Finalists. The Mayor and City Council recognized the Grand Island South Side Nationals Little League Baseball Team. They were the City, Districts, and State Champions and went on to play in the Mid-West Regional Semi-Finals in Indianapolis, Indiana. The following boys and their coaches were recognized: Will Bamesberger, Sam Foltz, Blake Fruchtl, Ryker Fyfe, Ryan Harris, Austin Meyer, Tanner Meyer, Ben Moul, Kyle Simonds, Austin Steinwart, Alce Waters, and Coaches Monte Fyfe, Greg Enck, and Dennis Fruchtl. Recognition of Contributors to the “GREAT” Summer Youth Program. The Mayor and City Council recognized Coca-Cola, Pepsi Bottling Group, Sam’s Club, Skagway, Swift and Co., and Howard School for sponsoring the Gang Resistance Education Awareness Training (GREAT) program this summer. Police Officer Rick Ressel gave an update on the summer’s program. Dr. Steve Joel thanked the Police Department and commented on the impact of this program. Representatives from Sam’s Club, Swift & Co., and Skagway were present along with several students who had attended the program. Mayor Vavricek stated he had a potential conflict of interest with Resolution #2006-BE-11 and Ordinance #9072 and would not be voting in case of a tie. ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Pielstick, carried unanimously to adjourn to the Board of Equalization. Page 2, City Council Regular Meeting, September 12, 2006 #2006-BE-7 – Consideration of Determining Benefits for Street Improvement District No. 1257, Shanna Street in Western Heights 4th Subdivision. Steve Riehle, Public Works Director reported that Street Improvement District No. 1257 was completed by Diamond Engineering Company and a certificate of final completion was approved on August 8, 2006. The cost to be assessed was $129,474.92. Motion by Pielstick, second by Hornady to approve Resolution #2006-BE-7. Upon roll call vote, all voted aye. Motion adopted. #2006-BE-8 – Consideration of Determining Benefits for Water Main District No. 452, Knott and Palu Subdivision Areas. Gary Mader, Utilities Director reported that Water Main District No. 452 was created at the request of the property owners to serve Knott Avenue, Lake Street, and Tri Street. The cost to be assessed to the district was $72,353.27. Motion by Hornady, second by Pielstick to approve Resolution #2006-BE-8. Upon roll call, all voted aye. Motion adopted. #2006-BE-9 – Consideration of Determining Benefits for Business Improvement District #3. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #3. Special assessments were for the amount of $34,314.47. Motion by Nickerson, second by Cornelius to approve Resolution #2006-BE-9. Upon roll call, all voted aye. Motion adopted. #2006-BE-10 – Consideration of Determining Benefits for Business Improvement District #4. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #4. Special assessments were for the amount of $17,348.99. Motion by Nickerson, second by Cornelius to approve Resolution #2006-BE-10. Upon roll call, all voted aye. Motion adopted. #2006-BE-11 – Consideration of Determining Benefits for Business Improvement District #5. David Springer, Finance Director reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #5. Special assessments were for the amount of $80,004.04. Also mentioned was a letter received from the Arter Group protesting the method of assessments. Motion by Nickeson, second by Cornelius to approve Resolution #2006-BE-11. Upon roll call, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Cornelius, second by Pielstick, carried unanimously to return to Regular Session. Page 3, City Council Regular Meeting, September 12, 2006 PUBLIC HEARINGS: Public Hearing on Request of ScoJay Investments, LLC dba The Tank, 123 E. South Front Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from Scott Johnson and Jay Beckby, owners of ScoJay Investments, LLC dba The Tank, 123 E. South Front Street for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 14, 2006; notice to the general public of date, time, and place of hearing published on September 2, 2006; notice to the applicant of date, time, and place of hearing mailed on August 22, 2006; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Jayo Beckby, 800 S. Short Drive was present to answer questions. No further public testimony was heard. Public Hearing on Request of Edwin Bolanos dba La Zona Rosa, 611 East 4th Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from Edwin Bolanos dba La Zona Rosa, 611 East 4th Street for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 16, 2006; notice to the general public of date, time, and place of hearing published on September 2, 2006; notice to the applicant of date, time, and place of hearing mailed on August 22, 2006; along with Chapter 4 of the City Code. Ms. Edwards stated Mr. Bolanos had completed a state approved alcohol server/training program on July 20, 2006. Staff recommended approval contingent upon final inspections. Al Fitzgerald, 1304 West Sycamore Street spoke in support. Lex Ann Roach representing Project Extra Mile thanked Mr. Bolanos for not promoting kids in bars. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 602 West Stolley Park Road – Bar Middle School (The School District of Grand Island) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 602 West Stolley Park Road, north and south side of Barr Middle School was needed in order to have access to install, upgrade, maintain, and repair water mains. This easement would be provide service and fire protection in the area of the new expansions of Ba rr Middle School. No public testimony was heard. Public Hearing on General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported that state statutes requires the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the general property tax was $5,467,530, Parking District No. 2 at $11,000, and the Community Redevelopment Authority property tax at $492,540. No public testimony was heard. Public Hearing on Request from Equitable Federal Savings Bank of Grand Island for Conditional Use Permit for Temporary Placement of Modular Banking Facility Located at 3012 South Locust Street. Craig Lewis, Building Department Director reported that Equitable Federal Savings Bank of Grand Island had requested a Conditional Use Permit for temporary placement of a modular banking facility located at 3012 South Locust Street until such time as a permanent building can Page 4, City Council Regular Meeting, September 12, 2006 be designed and built. Staff recommended approval for a two year period of time. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9067 - Consideration of Vacation of Utility Easements – 602 West Stolley Park Road – Bar Middle School #9068 – Consideration of Assessments for Water Main District No. 452 - Knott and Palu Subdivision Areas #9069 – Consideration of Assessments for Street Improvement District No. 1257, Shanna Street in Western Heights 4th Subdivision #9070 – Consideration of Assessments for Business Improvement District #3 #9071 – Consideration of Assessments for Business Improvement District #4 #9072 – Consideration of Assessments for Business Improvement District #5 #9073 – Consideration of Amendments to Chapter 12 of the Grand Island City Code Relative to Civil Service #9074 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 #9075 – Consideration of Corrections to Salary Ordinance #9076 – Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Gilbert seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9067 - Consideration of Vacation of Utility Easements – 602 West Stolley Park Road – Bar Middle School #9068 – Consideration of Assessments for Water Main District No. 452 - Knott and Palu Subdivision Areas Gary Mader, Utilities Director commented that Ordinance #9067 related to the aforementioned Public Hearing and Ordinance #9068 related to the aforementioned Board of Equalization action taken earlier. Motion by Pielstick, second by Cornelius to approve Ordinances #9067 and #9068. City Clerk: Ordinances #9067 and #9068 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, September 12, 2006 City Clerk: Ordinances #9067 and #9068 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9067 and #9068 are declared to be lawfully adopted upon publication as required by law. #9069 – Consideration of Assessments for Street Improvement District No. 1257, Shanna Street in Western Heights 4th Subdivision Steve Riehle, Public Works Director stated Ordinance #9069 related to the aforementioned Board of Equalization action taken earlier. Motion by Hornady, second by Meyer to approve Ordinance #9069. City Clerk: Ordinance #9069 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9069 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9069 is declared to be lawfully adopted upon publication as required by law. #9070 – Consideration of Assessments for Business Improvement District #3 #9071 – Consideration of Assessments for Business Improvement District #4 #9072 – Consideration of Assessments for Business Improvement District #5 David Springer, Finance Director stated Ordinances #9070, #9071, and #9072 related to the aforementioned Board of Equalization action taken earlier. Motion by Hornady, second by Walker to approve Ordinances #9070, #9071 and #9072. City Clerk: Ordinances #9070, #9071 and #9072 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9070, #9071 and #9072 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9070, #9071 and #9072 are declared to be lawfully adopted upon publication as required by law. Page 6, City Council Regular Meeting, September 12, 2006 #9073 – Consideration of Amendments to Chapter 12 of the Grand Island City Code Relative to Civil Service Dale Shotkoski, Interim City Attorney commented that code revisions to Chapter 12 would mirror the current state statute requirements for civil service. Motion by Hornady, second by Walker to approve Ordinance #9073. City Clerk: Ordinance #9073 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9073 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9073 is declared to be lawfully adopted upon publication as required by law. #9074 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 David Springer, Finance Director reported that Ordinance #9074 related to the Downtown Improvement and Parking District No. 1 assessments. The FY 2006-2007 occupation tax factor was $.1375 which would provide for occupation taxes in the amount of $40,002. Motion by Pielstick, second by Walker to approve Ordinance #9074. City Clerk: Ordinance #9074 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9074 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9074 is declared to be lawfully adopted upon publication as required by law. #9075 – Consideration of Corrections to Salary Ordinance Brenda Sutherland, Human Resources Director reported that Ordinance #9075 would correct Ordinance #9061 to include Evidence Technician at the Police Department and Maintenance Worker I position at the Heartland Shooting Park. Also included was Bilingual pay in the amount of $1,000. Pay ranges for the following positions were also corrected: Fire Captain, Firefighter/EMT, and Firefighter/Paramedic. Motion by Cornelius, second by Nickerson to approve Ordinance #9075. Page 7, City Council Regular Meeting, September 12, 2006 City Clerk: Ordinance #9075 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, and Walker voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9075 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, and Walker voted aye. Councilmember Haase voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordina nce #9075 is declared to be lawfully adopted upon publication as required by law. #9076 – Consideration of Amendments to Chapter 5 of the Grand Island City Code Relative to Animals Dale Shotkoski, Interim City Attorney reported that the City Code Revision Committee had met and drafted changes for Chapter 5. The Animal Advisory Board had also met and recommended changes. Mr. Shotkoski stated Section 5-1 changes to the definitions would mirror state statute definitions of dangerous animals. Recommended cha nges were to delete reference to vicious animals. Recommended changes to Section 5-41.1 would prohibit the keeping of fowl, including chickens, which included both hens and roosters from being maintained on residential premises within the City. Karen and Steve Hancock, 2303 East 7th Street spoke in support of keeping chickens. Leon Cederland, 4706 Gunbarrel Place also spoke in support of keeping chickens and commented on other noises which were louder than roosters such as motorcycles, boom boxes, and train whistles. Motion by Haase, second by Whitesides to approve Ordinance #9076. A lengthy discussion was held regarding allowing chickens within the city limits, the number of chickens, the size of property, commercial establishments, non-profit businesses, and educational institutions which could have chickens. Mr. Shotkoski stated commercial retail establishments who offer live fowl or chickens for retail sale, governmental and/or non-profit educational facilities would be exempt. Motion by Haase to ame nd the motion to allow chickens on residential properties of 5 acres or more. Motion died due to lack of a second. Motion by Whitesides, second by Walker to amend the main motion to allow four (4) hens per one (1) acre within the City limits. Upon roll call vote, Councilmember’s Whitesides, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember’s Meyer and Pielstick voted no. Motion adopted. Page 8, City Council Regular Meeting, September 12, 2006 City Clerk: Ordinance #9076 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember Meyer voted no. Motion adopted. City Clerk: Ordinance #9076 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase vote aye. Councilmember Meyer voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9076 is declared to be lawfully adopted upon publication as required by law. It was noted that this ordinance would go into effect 15 days after publication or the first week of October. Further discussion was held regarding those properties currently with chickens would be in violation after the effective date. Discussed was held regarding conditional use permits. CONSENT AGENDA: Consent Agenda items G-9 and G-10 were pulled for further discussion. Motion by Hornady, second by Cornelius to approve the Consent Agenda excluding items G-9 and G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 22, 2006 City Council Regular Meeting. Approving Minutes of August 29, 2006 City Council Study Session. Approving Minutes of September 5, 2006 City Council Study Session. Approving Request from Becki Halte, 4164 Texas Avenue for Liquor Manager Designation for Bullwinkle’s Bar & Grill, 3235 South Locust Street. #2006-243 – Approving Acquisition of Utility Easement Located at 602 West Stolley Park Road – Barr Middle School. (The Grand Island School District) #2006-244 – Approving Bid Award for Boiler and Machinery Insurance with Factory Mutual Insurance Co. of St. Louis, Missouri in an Amount of $367,507.00. #2006-245 – Approving Bid Award for 750 MCM Power Cable with WESCO of Grand Island, Nebraska in an Amount of $188,351.24. #2006-246 – Approving Electric Distribution System Engineering Services with Advantage Engineering, Inc. of Chesterfield, Missouri in an Amount of $191,400.00. #2006-249 – Approving Nebraska Children & Families Foundation Prevention Grant. Page 9, City Council Regular Meeting, September 12, 2006 #2006-250 – Approving Change Order No. 2 with Tri Valley Builders, Inc. of Grand Island for Construction of Fire Station No. 1 for an Increase of $55,489.00 and a Revised Contract Amount of $2,387,368.00. #2006-251 – Approving Renewal of South Central Area Law Enforcement Services (SCALES) Interlocal Agreement for an Additional Five Years. #2006-252 – Approving Contract for Employee Assistance Program with Family Resources of Grand Island, Nebraska an an Annual Cost of $14,475.00 for the next three years, for a Total Amount of $43,425.00. #2006-253 – Approving Change Order No. 2 with Hooker Brothers Construction of Grand Island, Nebraska for Site Preparation and Lake Excavation at the Heartland Public Shooting Park for an Increase of $4,574.01 and a Revised Contract Amount of $578,224.00. #2006-254 – Approving Annual Agreements for Support, License, Operating System and Database Administration with MUNIS, Inc. of Falmouth, Maine in the Amounts of $19,509.02 and $76,282.31. #2006-255 – Approving Final Plat and Subdivision Agreement for D K Second Subdivision. It was noted that Paul D. and Rhonda M. Hassett, owners proposed to create 2 lots on a tract of land comprising all of Lot One (1), D.. Subdivision consisting of approximately 0.533 acres. #2006-256 – Approving Final Plat and Subdivision Agreement for Knott Third Subdivision. It was noted that Ronnie L. and Solveig L. Knott, owners proposed to create 2 lots on a tract of land comprising all of Lot Nine (9), Knott Subdivision consisting of approximately 0.446 acres. #2006-257 – Approving Final Plat and Subdivision Agreement for Menard Seventh Subdivision. It was noted that Triad Holdings, L.L.C., owners proposed to replat all of Lot Seven (7), and the north 185 feet of Lot Eight (8), Menard Second Subdivision consisting of approximately 1.905 acres. #2006-258 – Approving Subordination Request for 1208 East 5th Street. (Galen and Rebecca Williams) #2006-259 – Approving Subordination Request for 115 East 9th Street. (Victor M. and Gina A. Henriquez) #2006-560 – Approving Subordination Request for 1805 Freedom Drive. (Dean A. and Patricia D. Bierhaus) #2006-261 – Approving Certificate of Final Completion with Hooker Brothers Construction of Grand Island, Nebraska for Site Preparation and Land Excavation at the Heartland Public Shooting Park. Page 10, City Council Regular Meeting, September 12, 2006 #2006-262 – Approving Certificate of Final Completion with Galvan Construction of Grand Island, Nebraska for Building Construction, Baffles, and Sheds at Heartland Public Shooting Park. #2006-247 – Approving Contract for Engineering Services for Mercury Emissions Monitoring with Black & Veatch of Kansas City, Missouri in an Amount not to exceed $64,500.00. Councilmember Pielstick questioned the amount of the bid submitted by Sargent & Lundy. Gary Mader, Utilities Director commented that he did not have the information with him but that the prices were comparable and Black & Veatch was selected from past performances. Motion by Pielstick, second by Walker to approve Resolution #2006-247. Upon roll call vote, all voted aye. Motion adopted. #2006-248 – Approving Bid Award for Sidewalk District No. 1, 2006 with Galvan Construction, Inc. of Grand Island, Nebraska in an Amount of $6,212.25. Councilmember Gilbert questioned whether this would be in the area of Water Main District No. 454 and would require the removal of sidewalks. Steve Riehle, Public Works Director stated that it was not. Motion by Cornelius, second by Hornady to approve Resolution #2006-248. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Equitable Federal Savings Bank of Grand Island for Conditional Use Permit for Temporary Placement of Modular Banking Facility Located at 3012 South Locust Street. Craig Lewis, Building Department Director reported this item related to the aforeme ntioned Public Hearing. Motion by Hornady, second by Cornelius to approve the request of Equitable Federal Savings Bank for a Conditional Use Permit for temporary placement of a modular banking facility located at 3012 South Locust Street not to exceed two years. Upon roll call vote, all voted aye. Motion adopted. Consideration of Request for Brad Harder for Extension of Non-Conforming Use for Harold’s Upholster Shop Located at 215 W. South Street. Craig Lewis, Building Department Director reported that Brad Harder, owner of Harold’s Upholstery Shop located at 215 W. South Street requested an extension of the non-conforming use to construct additions to the current building. Proposed was a 16’8” x 32’6” addition to the east and a 36’8” x 10’ addition to the south. Current zoning does not allow for the additions without Council approval. Staff recommended approval of the request with the condition that the exterior construction be completed within the next 12 months. Motion by Nickerson, second by Hornady to approve the request of Brad Harder with the condition that the exterior construction be completed within the next 12 months. Upon roll call vote, all voted aye. Motion adopted. Page 11, City Council Regular Meeting, September 12, 2006 RESOLUTIONS: #2006-263 - Consideration of Request from ScoJay Investments, LLC dba The Tank, 123 E. South Front Street for a Class “C” Liquor License and Request of George Jay Beckby, 800 S. Shore Drive, Hastings, Nebraska for Liquor Manager Designation. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Approval was recommended contingent upon final inspections and the stipulation that a state approved alcohol server/seller training program be completed by Mr. Beckby. Motion by Hornady, second by Cornelius to approve Resolution #2006-263 contingent upon final inspections and the stipulation that a state approved alcohol server/seller training program be completed by Mr. Beckby. Upon roll call vote, all voted aye. Motion adopted. #2006-264 – Consideration of Approving Request of Edwin Bolanos dba La Zona Rosa, 611 East 4th Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported this item related to the aforementioned Public Hearing. Approval was recommended contingent upon final inspections. Motion by Nickerson, second by Pielstick to approve Resolution #2006-264 contingent upon final inspections. Question was raised if City Code required window in this building. Craig Lewis, Building Department Director stated windows were not a requirement, but door assess was. Steve Lamken, Police Chief stated he was satisfied with the work that had been done and had no objections to approving this request. Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember Meyer voted no. Motion adopted. #2006-265 – Consideration of Approving General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported this item related to the aforement ioned Public Hearing. Motion by Walker, second by Gilbert to approve Resolution #2006-265. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek commented that he could not approve this Resolution. Mentioned were the goals set at the Council Retreat in January where the council agreed to lower the City tax rate to make a more efficient government. With the increase in valuation and a tax rate request of $.25 per $100 valuation this would increase the taxes. The Mayor requested that the counc il reconsider the tax asking dollars for the General Property tax levy and keep it the same as the FY 2005-2006 request of $5,212,064 instead of $5,467,530. Council voted to reconsider the motion. Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember’s Meyer and Nickerson voted no. Motion adopted. Page 12, City Council Regular Meeting, September 12, 2006 Motion by Whitesides, second by Cornelius that the General Property tax rate be identical to FY 2005-2006 in the amount of $5,212,064. Upon roll call vote, Councilmember’s Whitesides, Pielstick, Gilbbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember’s Meyer and Nickerson voted no. Motion adopted. #2006-266 – Approving Personnel Rules and Regulations. Brenda Sutherland, Human Resources Director reported that City Council reviewed the proposed changes at their August 29, 2006 Study Session. Some of the proposed changes were the addition of administrative policies being incorporated into the Personnel Rules. Presented were the proposed changes. Motion by Whitesides, second by Hornady to approve Resolution #2006-266. A lengthy discussion was held concerning Section 3.13 Nepotism. Motion by Whitesides, second by Hornady to amend the main motion to include in Section 3.13 Nepotism, second paragraph, second sentence the following: “No relative shall work within the same shift or station of the City, nor shall any relative work within any supervisory capacity of another relative on a daily basis”. Discussion was held regarding the impact to union contracts. Upon roll call vote of the amendment, all voted aye. Motion adopted. Motion by Hornady, second by Haase to amend the main motion to allow tuition reimbursement as follows: 100% for an A, 85% for a B, and 70% for a C. Discussion was held regarding the benefits of tuition reimbursement, level of learning, and the importance of encouraging higher education. Upon roll call vote, Councilmember’s Pielstick, Hornady, Walker, and Haase voted aye. Councilmember’s Meyer, Whit esides, Gilbert, Nickerson, and Cornelius voted no. Motion failed. Motion by Gilbert, second by Meyer to amend the main motion by removing the following paragraph in Section 3.13 Nepotism: “In addition to family relationships, and for the same reasons mentioned above, employees involved in romantic and/or sexual relationships or dating must also observe the chain of command rules mentioned above”. Discussion was held regarding dating, romantic relationships, enforcement, etc. Brenda Sutherland, Human Resources Director commented on checking with other cities and the importance of having this in the Personnel Rules and Regulations. Upon roll call vote, Councilmember’s Meyer, Pielstick, Gilbert, and Cornelius voted yes. Councilmember’s Whitesides, Nickerson, Hornady, Walker, and Haase voted no. Motion failed. Motion by Cornelius, second by Whitesides to amend the main motion to allow tuition reimbursement as follows: 100% for an A or B and 85% for a C. Upon roll call vote, Page 13, City Council Regular Meeting, September 12, 2006 Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Cornelius, Hornady, Walker, and Haase voted aye. Councilmember Nicerson voted no. Motion adopted. Upon roll call vote of the main motion, including the amendment to the Nepotism Policy and the amendment to the Tuition Reimbursement, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of August 23, 2006 through September 12, 2006, for a total amount of $2,987,904.68. Motion adopted unanimously. Councilmember Pielstick abstained from Claim #136795. Motion by Cornelius, second by Haase to approve the following Claims for the Library Expansion for the Period of August 9, 2006 through September 12, 2006: #34 $388,607.92 ADJOURNMENT: The meeting was adjourned at 9:55 p.m. RaNae Edwards City Clerk Item G2 Approving Re-Appointment of Tom Gdowski to the Community Redevelopment Authority Board The Mayor has submitted the re-appointment of Tom Gdowski to the Community Redevelopment Authority Board. This appointment would become effective October 1, 2006 upon approval by Council, and would expire on September 30, 2011. Approval is recommended. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G3 Approving Re-Appointment of Robert Niemann and Tom Brown to the Regional Planning Commission The Mayor has submitted the re-appointments of Robert Niemann and Tom Brown to the Regional Planning Commission. Their appointments would become effective November 1, 2006 upon approval by Council, and would expire on October 31, 2009. Approval is recommended. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Garbage Permits for Central Waste Disposal, Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal and Refuse Permit for Full Circle and Scott's Hauling Tuesday, September 26, 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: September 26, 2006 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-4 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2006/2007: Central Waste Disposal, 147 East Roberts Garbage Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 3719 Westgate Road Refuse Scott’s Hauling, 3230 Westside Street Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2006/2007. Sample Motion Approve the renewal for garbage/refuse permits for 2006/2007. Item G5 #2006-267 - Approving Amendment to Subdivision Agreement for Springdale Subdivision Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: September 26, 2006 Subject: Amendment to the Subdivision Agreement for Springdale Subdivision Item #’s: G-5 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background The subdivision agreement approved for Springdale Subdivision required that sidewalks be installed with the construction of new houses. The first phase of Springdale Subdivision is along Lilly Drive an existing rural section asphalt street with significant ditches. Discussion The language in the current subdivision agreement is: The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. Staff is suggesting that the subdivision agreement be amended and the above language replaced with: Immediate sidewalk construction adjacent to Lilly Drive shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the amendment to the subdivision agreement as shown above. Sample Motion Motion to approve the amendment to the subdivision agreement. Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-267 WHEREAS, on June 27, 2006, by Resolution 2006-178, the City Council of the City of Grand Island approved the final plat and Subdivision Agreement for Springdale Subdivision; and WHEREAS, the subdivision agreement required that sidewalks be installed with the construction of new homes; and WHEREAS, because of an existing rural section of an asphalt street with significant ditches, city staff is recommending that construction of sidewalks adjacent to Lilly Drive in Springdale Subdivision should be waived until the property owner is directed to install sidewalks by the City Council.; and WHEREAS, an Amendment to the Springdale Subdivision Agreement has been prepared 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 Amendment to the Springdale Subdivision Agreement is hereby approved to waive the requirement of installation of sidewalks adjacent to Lilly Drive. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item G6 #2006-268 - Approving Acquisition of Utility Easement - 2620 S. Shady Bend Road - John & Carolyn Schroll This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-268 WHEREAS, a public utility easement is required by the City of Grand Island, from John J. Schroll and Carolyn M. Schroll, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on September 26, 2006, for the purpose of discussing the proposed acquisition of an easement located in part of the South Half of the Northeast Quarter (S ½, NE ¼) Section twenty Six (26), Township Eleven (11), Range Nine (9) West of the 6th P.M., Hall County, Nebraska, the easement being more particularly described as follows: Beginning at the Northwest corner of Lot Two (2) Meadow Lane Subdivision, said point being on the southerly line of Lot One (1) Obermeier Subdivision; thence northerly, along the extension of the westerly line of Lot Two (2) said Meadow Lane Subdivision, a distance of ten (10.0) feet; thence easterly and parallel with southerly line of Lot One (1) said Obermeier Subdivision, a distance of sixty nine and thirty eight hundredths (69.38) feet; thence deflecting left 90°36’29” and running northerly, a distance of two hundred fifty two (252.0) feet. The above described easement and right-of-way containing a total of 0.15 acres, more or less, as shown on the plat dated August 29, 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 John J. Schroll and Carolyn M. Schroll, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-269 - Approving Acquisition of Utility Easement - 1417 S. Shady Bend Road - Dennhardt This item relates to the aforementioned Public Hearing Item E-2. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-269 WHEREAS, a public utility easement is required by the City of Grand Island, from Leland B. Dennhardt and Judy A. Dennhardt, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on September 26, 2006, for the purpose of discussing the proposed acquisition of an easement located in part of the Northwest Quarter of the Southwest Quarter (NW ¼ SW ¼), Section Twenty Four (24), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, the Westerly line of the ten (10.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the Northwest corner of the Northwest Quarter of the Southwest Quarter (NW ¼ SW ¼), Section Twenty-Four (24), Township Eleven (11) North, Range Nine (9) West; thence southerly along the westerly line of said Northwest Quarter of the Southwest Quarter (NW ¼ SW ¼), Section Twenty four (24) Township Eleven (11) North, Range Nine (9) West, a distance of four hundred ninety five and twenty five hundredths (495.25) feet; thence easterly and perpendicular to the westerly line of said Northwest Quarter of the Southwest Quarter (NW ¼ SW ¼) Section Twenty Four (24), Township Eleven (11) North, Range Nine (9) West, a distance of thirty three (33.0) feet to a point on the easterly right-of-way line of Shady Bend Road, said point being the Actual Point of Beginning; thence southerly along the easterly line of said Shady Bend Road, a distance of twenty (20.0) feet. The above described easement and right-of-way containing a total of 200 square feet, more or less, as shown on the plat dated September 11, 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 Leland B. Dennhardt and Judy A. Dennhardt, husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-270 - Approving Acquisition of Utility Easement - 2620 West Faidley Avenue - St. Francis Medical Center This item relates to the aforementioned Public Hearing Item E-3. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-270 WHEREAS, a public utility easement is required by the City of Grand Island, from Saint Francis Medical Center, a Nebraska Non-Profit Corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on September 26, 2006, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot One (1), Saint Francis Medical Third Subdivision, located in the city of Grand Island, , Hall County, Nebraska, the centerline of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the southwesterly corner of Lot One (1) Saint Francis Medical Second Subdivision also being the Northwest corner of Lot One (1) Saint Francis Medical Third Subdivision; thence southerly along the westerly line of said Lot One (1), a distance of forty seven and eighteen hundredths (47.18) feet to the ACTUAL Point of Beginning; thence S88°59’35”E, a distance of three hundred seventy five and forty two hundredths (375.42) feet; thence S59°42’10”E, a distance of one hundred ninety eight and ninety six hundredths (198.96) feet; thence N68°24’04”:E, a distance of fifty nine and three hundredths (59.03) feet; thence N28°38’54”E, a distance of one hundred forty three and eighty three hundredths (143.83) feet to a point on a northerly line of said Lot One (1) being twenty six (26.0) feet westerly of a northeasterly corner of said Lot One (1). The above-described easement and right-of-way containing a total of 0.357 acres, more or less, as shown on the plat dated September 8, 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 Saint Francis Medical Center, a Nebraska Non-Profit Corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2006-271 - Approving Acquisition of Utility Easement - 4949 Juergen Road - BM & M, LLC This item relates to the aforementioned Public Hearing Item E-4. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-271 WHEREAS, a public utility easement is required by the City of Grand Island, from BM & M, LLC, a Limited Liability Company, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on September 26, 2006, for the purpose of discussing the proposed acquisition of an easement located in part of Lot Eleven (11) Platte Valley Industrial Park Third Subdivision, located in the city of Grand Island, Hall County, Nebraska, the centerline of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the Northeast corner of Lot Eleven (11) Platte Valley Industrial Park Third Subdivision; thence southeasterly along the westerly line of said Lot Eleven (11), a distance of fifty seen (57.0) feet to the ACTUAL Point of Beginning; thence deflecting left 47°16’33” and running in an easterly direction, a distance of one hundred seventeen and ninety eight hundredths (117.98) feet; thence deflecting right 24°47’10” and running in a southeasterly direction, a distance of one hundred sixty (160.0) feet. The sidelines of the above described easement tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above described easement and right-of-way containing a total of 0.128 acres, more or less, as shown on the plat dated September 6, 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 BM & M, LLC, a Limited Liability Company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2006-272 - Approving the Continuing Disclosure Agreement and Certificate of Participant for Nebraska City Unit #2 - Separate System Bonds - Utilities Dept. Tuesday, September 26, 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, Interim City Attorney Meeting: September 26, 2006 Subject: Nebraska City Unit #2 – Separate System Bonds Continuing Disclosure Agreement and Certificate of Participant Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background The City of Grand Island is a participant in a new coal fired power plant project being built by the Omaha Public Power District (OPPD) at the site of their existing Nebraska City Plant. The new unit will be the second on that site and is generally referred to as NC#2. All environmental permitting and state agency approvals have been completed, and the project is under construction. The project is being financed using bonded debt. The methods of project funding are included in the Power Participation Agreement (PPA) between the City and OPPD. The Project is a 660 MW power plant with OPPD having 330MW committed to their system and 330MW dedicated to seven Project Participants; public power utilities in Nebraska, Missouri and Minnesota. Grand Island’s Participation Share is 33MW. The financing of the project is structured such that OPPD will issue their bonds for their share and will also issue the bonds for the Participants’ share. The Participants’ costs to service that debt are to be billed monthly over the 40 year life of the plant. Participants are obligated under the PPA to begin Capital Cost payments at the time the unit goes into commercial operation in 2009. The bond issues for the Participants’ Share of the Capital Costs are referred to as the Separate System Bonds. Discussion Continuing Disclosure Agreement Once the long term financing is in place for the Participants’ share of the project capital costs, the administration of the bond issue requires each of the Participants to provide annual financial information to OPPD who will act as the Dissemination Agent. OPPD will then compile the annual information from each Participant for disseminatio n to the bond holders and Underwriters in accordance with the bond covenants. Attached is the Continuing Disclosure Agreement. By execution of this agreement, the City certifies that it will provide the required financial and operating information annually to OPPD over the term of the bond issue. The City also agrees that it will notify OPPD of circumstances that might occur during the term of the bonds that would have a material affect on the financial status of the Electric Utility. The information provided under this agreement would normally be provided by the City in support of Electric Revenue bonds issued directly by the City. But in the case of the NC#2 Project, each Participant makes submittal to OPPD, the Dissemination Agent, who compiles the data for dissemination in accordance with the Bond Covenants. All participants in the Separate System Bonds issuance are required to execute the Continuing Disclosure Agreement. Certificate of Participant The NC#2 Separate System Bond issue requires the compilation of financial and operating data from each of the project Participants in order to prepare the Official Statement and other documents necessary to proceed with the issuance of the bonds to finance the Participants’ share of the construction project. Each Participant must provide the required information and certify that this information is correct. Attached is the Certificate of Participant. By execution of this document the City certifies that the information provided for preparation of the Separate System Bonds issue is correct, that there are not material legal matters pending which would affect the Participants’ ability to meet its obligation to the project at the date of bond issuance. All participants in the Separate System Bonds issuance are required to execute a Certificate of Participant. 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 Continuing Disclosure Agreement and the Certificate of Participant be approved by Council for execution by the Mayor. Sample Motion Motion to approve the Continuing Disclosure Agreement and the Certificate of Participant and to authorize the Mayor to execute the documents. Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-272 WHEREAS, the City of Grand Island has entered into a Participation Power Agreement with the Omaha Public Power District (OPPD) dated January 15, 2004 to acquire 5% or approximately 30 megawatts of the capacity of OPPD's Nebraska City Power Plant addition referred to as NC2; and WHEREAS, subsequent to the date of this agreement, the City of Grand Island has determined that the City's best option for financing the City's portion of Omaha Public Power District's NC2 power plant is through the issuance by OPPD of Separate Electric System Revenue Bonds (OPPD Bonds); and WHEREAS, as part of the process of arranging financing for the OPPD Bonds, the Omaha Public Power District has requested that the City execute a Continuing Disclosure Agreement and a Certificate of Participant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Mayor and Council hereby find and determine that the City has entered into a Participation Power Agreement (the "Agreement") with Omaha Public Power District ("OPPD") with respect to the purchase of power from a coal fueled generating unit to be constructed at OPPD's Nebraska City, Nebraska, plant location; that for purposes of carrying out its obligations under the Agreement, OPPD is currently issuing its Separate Electric System Revenue Bonds (Nebraska City2), 2006 Series A, (the "OPPD Bonds") and has requested that the City execute and deliver a Continuing Disclosure Agreement for purposes of assisting OPPD and its underwriters in carrying out their obligations under Rule 15c2-12 of the Securities and Exchange Commission and for the City to deliver certain certifications to OPPD in connection with its issuance of the OPPD Bonds; and that documents for approval by the Mayor and Council have been prepared and presented as follows: (a) Continuing Disclosure Agreement between the City and OPPD (in the separate capacity of Dissemination Agent) to be dated as of September 26, 2006; and (b) Certificate of Participant, to be dated the date of issuance of the OPPD Bonds (the documents described in (a) and (b) are referred to as the "City Closing Documents"); and that the City Closing Documents are in acceptable form and should be approved and their execution and delivery authorized. 2. The Agreement is hereby ratified and confirmed in all respects and the Mayor (or in his absence the Present of the Council) is hereby authorized to execute and deliver the Closing Documents on behalf of the City. - 2 - 3. This resolution is hereby determined to be a measure necessary to carry out the obligations of the City under the Agreement and shall be in force and effect immediately upon its passage and approval. - - - PASSED AND APPROVED by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor ATTEST: ______________________________________ RaNae Edwards, City Clerk Item G11 #2006-273 - Approving Agreement with Olsson Associates for Construction Engineering Services on the Project to Widen Capital Avenue from the Moores Creek Drain to Webb Road Tuesday, September 26, 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: September 26, 2006 Subject: Approving Agreement with Olsson Associates for Construction Engineering Services on the Project to Widen Capital Avenue from the Moores Creek Drain to Webb Road Item #’s: G-11 Presenter(s): Steven P. Riehle, Public Works Director Background Council approval is needed for the Mayor to sign agreements. Right-of-Way (ROW) acquisition for the project is underway. If ROW acquisition is successful, utility work will start in the fall of 2006 with bid opening in the winter and construction starting in the spring of 2007. Construction engineering services are needed for coordination of the utility relocation work. Discussion Olsson Associates performed the preliminary and design engineering services for the project using city funds. An agreement was negotiated with Olsson Associates to perform construction engineering services for the project at actual costs with a maximum of $346,703.00. The construction engineering services are eligible for 80% federal funding. 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 agreement. 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 agreement with Olsson Associates for construction engineering services on the project to widen Capital Avenue. Sample Motion Motion to approve the agreement. ENGINEERING AGREEMENT PROJECT NO. STPAA - 5436 (4), CONTROL NO. 42427 CITY OF GRAND ISLAND OLSSON ASSOCIATES CONSTRUCTION ENGINEERING SERVICES CAPITAL AVENUE PAVING IMPROVEMENTS THIS AGREEMENT, entered into by and between the firm of OLSSON ASSOCIATES hereinafter referred to as the "Consultant", and the City of GRAND ISLAND, Nebraska, hereinafter referred to as the "City". WITNESSETH: WHEREAS, the City is planning to reconstruct Capital Avenue from Moores Creek Drainway to Webb Road with concrete surfacing, storm sewer, sanitary force main, lighting, and traffic signals, and WHEREAS, the work will be done under the project designation of Project No. STPAA - 5436 (4), and WHEREAS, Federal regulations provide that the State shall have the responsibility for the construction of all Federal-aid projects, and will be responsible for insuring that such projects receive the same degree of supervision and inspection as projects constructed under a contract let and directly supervised by the State and that the project is completed in conformity with approved plans and specifications, and WHEREAS, the City and State do not have sufficient personnel available for such supervision and inspection, and WHEREAS, the City may employ a consultant to provide construction engineering services, and WHEREAS, the City agrees to provide a City employee or Consultant to be in responsible charge and direct control of the project at all times, and WHEREAS, it is the desire of the City that the Consultant furnish project management, construction staking, inspection and field testing engineering services for this project, and WHEREAS, the Consultant is willing to perform such work according to the terms hereinafter provided, and the Consultant does represent that it is in compliance with the Nebraska Statutes relating to the registration of professional engineers, and hereby agrees to comply with all Federal, State, and local laws and NOW THEREFORE, in consideration of these facts, the City and Consultant agree as follows: Project No. STPAA - 5436 (4) - 2 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 1. DEFINITIONS: WHEREVER in this agreement the following terms are used, they will mean: "CITY" means the City of GRAND ISLAND of the State of Nebraska, the Mayor or an authorized representative. "STATE" means the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or an authorized representative of the Director. The State is representing the United States Department of Transportation on this project and any reference to the "State" in this agreement means the State on behalf of the United States Department of Transportation. "CONSULTANT" means the firm of OLSSON ASSOCIATES, whose business and mailing address is 201 E. 2nd Street, PO Box 1072, Grand Island, NE 68802. “SUBCONSULTANT/SUBCONTRACTOR” means the firm of (8), whose business and mailing address is (9). "FHWA" means the Federal Highway Administration, Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington, DC 20590, acting through its authorized representatives. "PROJECT MANAGER" means that person appointed by the City to oversee the project construction and to ensure that the project is built in compliance with all the terms of this agreement and requirements for Federal funding. "STATE REPRESENTATIVE" means an employee of the State designated by the State to review the project and to assist the City in complying with requirements for Federal funds. To "ABANDON" the work means that the City has determined that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means the City has determined the progress is not sufficient or the conditions or intentions as originally existed have changed or the work completed or submitted is unsatisfactory and the work as contemplated in this agreement should be stopped on a temporary basis. This cessation will prevail until the City determines to abandon or terminate the work or to reinstate under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement will be the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined in this agreement and as determined by the City. Project No. STPAA - 5436 (4) - 3 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 2. GENERAL DESCRIPTION OF SCOPE AND CONTROL OF THE WORK: The Consultant shall, upon receipt of Notice to Proceed, perform all the project management, construction staking, inspecting and field testing services required under this agreement for Project STPAA - 5436 (4), CAPITAL AVENUE PAVING IMPROVEMENTS, in Hall County, Nebraska, as outlined in the attached EXHIBIT "A", Consultant's Proposal, attached and made a part of this agreement. The services in order to remain eligible for Federal funding must be performed to the satisfaction of the City and State and in accordance with State and Federal applicable publications and regulations. The Consultant has furnished a personnel chart or list in EXHIBIT "A". Any major deviation from or revision in the classifications or personnel shown in the chart or list must receive the prior approval of the City. All personnel replacements must be made with persons of equal ability or experience and failure to provide capable replacements to keep the work on schedule will be cause for termination of this agreement, with settlement to be made as provided for in this agreement. The Consultant's services include, but are not limited to project management, advance staking, conducting the preconstruction conference, staking and inspection during project construction, preparing As-Built plans, progress computations, final computations, and preparing contractor change orders. The Consultant, its Subcontractors or their employees shall not perform any work on the project that is the responsibility of the construction contractor. SECTION 3. TIME OF BEGINNING AND COMPLETION: The City will issue the Consultant a written Notice-to-Proceed after this agreement is approved by the State. Any work or services performed on the project prior to the Notice-to- Proceed date is not eligible for reimbursement. The Consultant shall complete all work required under this agreement in a satisfactory manner within 45 calendar days after acceptance of the project by the City and State. Any costs incurred after the completion deadline are not eligible for reimbursement unless the City has approved an extension of time. SECTION 4. IT IS MUTUALLY AGREED THAT : (A) The City and State retain the right to perform any services on this project with their own staff. (B) The State’s District Engineer will assign a state employee from the District to be the State Representative for the project. The State Representative will assist the City in Project No. STPAA - 5436 (4) - 4 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS complying with the construction contract, design plans, scope of work or services, federal and state regulations, statues, etc. in order that federal funds can be expended on this project. The Representative will review the project for compliance for federal funds, and will notify the city that project is acceptable or unacceptable. If the representative determines the project is unacceptable, the Representative will notify the City in writing, stating why the work is not in compliance with the requirements, etc., and that federal funds for the project are considered in jeopardy. (C) The Consultant shall advise the State's Highway Disadvantaged Business Coordinator when it appears any Disadvantaged Business Enterprise (DBE) is in need of assistance. The Consultant shall make every effort to assist the Contractor or any Subcontractor in interpreting Plans and Specifications. (D) Prior to the start of construction, the Consultant shall respond and be on the project with no more than 24 hours written notice by the City. The Consultant in cooperation with the City shall closely coordinate the number of people the Consultant will provide for the required staking, inspection, and field testing operations. (E) The performance of all work under this agreement will be subject to the inspection and approval of the City and State and must be in accordance with the Construction Contractor's working schedule. (F) The Consultant shall comply with all Federal, State and local laws and ordinances applicable to the work contemplated in this agreement. (G) The completion time will not be extended because of any avoidable delay attributed to the Consultant but delays attributed to the Contractor, City or State will constitute a basis for an equivalent extension of time. (H) Whenever possible, the sampling and testing frequency and methods of construction must be done according to the current State of Nebraska Materials and Sampling Guide, and the State Standard Methods of Tests (www.dor.state.ne.us), the special provisions of the construction contract, or as may be directed by the State Representative. If the Guide does not apply or cannot be followed for some good reason, then the Consultant shall follow the direction of the State Representative in regards to what needs to be done to provide a satisfactory result for the project. Project No. STPAA - 5436 (4) - 5 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 5. FEES AND PAYMENTS: A. For performance of the work as outlined in this agreement, the consultant will be paid a fixed-fee-for-profit of $29,245, as defined in paragraph D of this section, and up to a maximum amount of $292,453 for actual costs as defined in paragraph E of this section, that are allowable subject to the terms of this agreement and the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $346,703. B. The Consultant is responsible for determining if its actual costs will exceed the maximum amount stated above. If at any time during this project, the Consultant determines that its costs will exceed, or have exceeded, the maximum amount stated above, the consultant must immediately notify the City in writing and describe which costs are causing the overrun and the reason. The Consultant must also estimate the additional costs needed to complete the work. The City will then determine if the maximum amount is to be increased, and prepare a supplemental agreement. The City will not be obligated for costs in excess of the maximum amount not approved in advance. C. The City is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date as stated in this agreement. D. The fixed fee is computed upon the direct salary or wage costs, indirect salary costs, indirect non-salary costs, and direct payroll additives. The fixed fee is not allowable upon direct non-salary costs. E. Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1) Direct Labor Costs Direct labor costs are the wages paid to employees for the time they are working directly on the project. For hourly employees, the Consultant shall bill the project at the employee's straight time hourly rate for regular hours worked and at 150% of the employee's straight time hourly rate for overtime hours paid to the employee in accordance with the Consultant's overtime policy. Regular hours must be defined as forty hours of work per calendar week performed on this project. Any hours performed by hourly employees over forty hours on this project per calendar week, will be eligible for overtime wages at 150% of the employees straight time hourly rate. When overtime is included in the Consultant’s overhead rate calculation, the Consultant shall not bill overtime as a direct labor cost. For salaried employees, the Consultant shall determine the Project No. STPAA - 5436 (4) - 6 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS hourly earnings rate by dividing the employee's fixed annual compensation by the number of hours normally expected to be worked that year. In those pay periods when the salaried employee works more hours than normally expected and does not receive additional compensation at least equal to the normally expected hourly rate, the rate for the pay period will be determined by dividing the actual compensation by the actual hours reported. The rates shown herein for direct labor are rates estimated to be in force at the mid-point of the contract for the purpose of estimating the hourly cost of the work. The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (2) Direct Non-Labor Costs Charges in this category include per diem expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this contract and other similar items. Payment for these items must be made on receipted invoices, whenever possible, or on certified billings of the Consultant. For purposes of standardization of this agreement, the following expenses will be reimbursed at the rates indicated: Automobile - $0.485 per mile Survey Vehicle - $0.510 per mile Lodging - Actual cost, not to exceed $60.00 Per person daily Meals - Actual cost not to exceed: Breakfast $ 6.00 Lunch 8.00 Dinner 16.00 $30.00 (Includes tax and gratuity) Project No. STPAA - 5436 (4) - 7 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast: (a) Employee is required to depart at or before 6:30 a.m., or (b) Employee is on overnight travel. Lunch: (a) Employee must be on overnight travel. No reimbursement for same day of travel. (b) Employee is required to leave for overnight travel at or before 11:00 a.m. or (c) Employee returns from overnight travel at or after 2:00 p.m. Dinner: (a) Employee returns from overnight travel or work location at or after 7:00 p.m. or (b) Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant is not required to provide the City with meal receipts, but shall note the actual costs in a daily diary, expense report, or on the individual's time report along with the time of departure to the project and time of return to the headquarters town. (3) Overhead Costs Overhead costs include indirect salary costs, indirect non-salary costs, and direct salary additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the maximum amount established in paragraph A of this section. (4) Payments and Retention The Consultant should submit a copy of invoices to the City at monthly intervals. The invoices must present actual direct labor with regular hours and overtime hours itemized, actual overhead, and actual direct non-labor costs, as well as a prorated amount of the fixed fee for profit based upon the actual direct labor and overhead costs billed for that period relative to the Consultant's estimated total direct labor and indirect overhead costs, until 100 percent of the fixed fee for profit has been billed. The fixed fee for profit amount on the final invoice should be the difference between 100 percent of the agreed-upon fee and the total Project No. STPAA - 5436 (4) - 8 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS amount previously billed. The invoices must identify the hours worked and each individual's actual labor cost. The Consultant shall itemize direct non-labor expenses and provide a complete description of each item billed. Monthly invoices must include a progress report which indicates the percent of work completed during the period, until the work is complete. The Consultant will be paid 100% of actual cost and 100% of the fixed fee for profit until 90% of the fixed fee has been paid. The final 10% of the fixed fee for profit will be retained until completion of the work, acceptance by the City and State and a final audit if determined necessary by the State. The City will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payment is dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the City determines that the work is satisfactory. The acceptance by the Consultant of the final payment will constitute and operate as a release to the City for all claims and liability to the Consultant, its representatives and assigns, for any and all things done, finished, or relating to the services rendered by or in connection with this agreement or any part thereof. The Consultant agrees to reimburse the City for any overpayments discovered by the City or its authorized representative. The Consultant shall maintain, and also require that any Subconsultants/Subcontractors maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final payment under this agreement. Such materials must be available for inspection by the City, State, FHWA, or any authorized representative of the State and federal government, and the Consultant shall furnish copies to those mentioned in this section, when requested. SECTION 6. CHANGE OF PLAN, ABANDONMENT, SUSPENSION AND TERMINATION: In the event the Construction Contractor does not complete the work within the contract by January 1, 2008 for final completion, the total contract amount may be adjusted by a supplemental agreement to establish the compensation to be made for services performed after expiration of the time allowance as adjusted or extended in accordance with the Specifications. Project No. STPAA - 5436 (4) - 9 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS City authorized changes in the scope of services, which increase the work hours or services required of the Consultant, will provide the basis for an extension of time. Additions to the scope of services, if approved by the City, will require negotiation of a supplemental agreement. For any work beyond the scope of services, the Consultant will be required to document the additional work, estimate the cost to complete the work and receive approval from the City before beginning the work. Any of the work performed prior to approval will be done at the expense of the Consultant. The City can abandon the project or change the general scope of work at any time and such action on its part will in no event be deemed a breach of contract. The City can suspend or terminate work under this agreement at any time. The City will give the Consultant seven days written notice of the suspension or termination. If the City abandons the work, or subtracts from the work, suspends the work or terminates the work as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the City can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the City will consider the work performed by the consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all engineering documents completed or partially completed at the time of such termination or abandonment, will be the property of the City and the Consultant shall immediately deliver all documents to the City. All reports, records, results and working papers arising from the work of the Consultant will be the property of the City. The Consultant shall not release or make use of same for any purpose whatever without the specific written permission of the City. The Consultant will be compensated for any leased or rented equipment required on the project for the remaining time of a lease or rental contract up to a maximum time of thirty days from the date of written suspension or termination, less any credit the Consultant receives from the lessor, provided that the Consultant cannot utilize the equipment on another project. SECTION 7. PROFESSIONAL CARE: The Consultant understands that the City will rely on the professional performance and ability of the Consultant. Any examination by the City or the State, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive Project No. STPAA - 5436 (4) - 10 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS examination and will not be considered an approval of the work product of the Consultant that would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further acceptance or approval of any of the plans or work of the Consultant by the City and State or of payment, partial or final, will not constitute a waiver of any rights of the City to recover from the Consultant damages that are caused by the Consultant due to error, omission or negligence of the Consultant in its work. If the Consultant discovers errors in its work, the Consultant shall notify the City within seven days. Failure of the Consultant to notify the City will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the City caused by error, omission or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the City. SECTION 8. CITY TO FURNISH (1) Project Manager or City contact person to assist the Consultant as required by the State. (2) Two sets of project construction plans. SECTION 9. CONSULTANT TO FURNISH OR PERFORM: The Consultant shall furnish and do the following items and services: (1) Hard hats or orange ball caps when hard hats are not required, orange vest or orange shirt, safety-toed shoes, eye and ear protection and will wear them when on the project site. Projects associated along railroad areas may restrict the use of hard hats, ball caps, vests or shirts of certain colors. The Consultant shall coordinate with the State Representative and the railroad company as to specific project requirements for that railroad area. (2) All sampling and testing as required in the current State Materials Sampling Guide and the State Standard Methods of Tests (www.dor.state.ne.us) or applicable AASHTO or ASTM procedures. (3) All portable surveying signs, consultant to install and remove. (4) Submit copies of the field tests each week to the City’s Project Manager and State Representative. (5) Prepare contractor change orders. (6) Construction stakes, nails and flagging material for survey party. (7) Plant inspection of concrete materials for project. (8) Calibrate and check testing and sampling equipment prior to commencing work. Project No. STPAA - 5436 (4) - 11 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS (9) Project signing plan. (10) Signs, and check reflectivity of barricades. (11) Holiday detector. (12) The Consultant shall perform all required services under the direct supervision of a registered Professional Engineer licensed to practice in the State of Nebraska. (13) Prepare and keep: detailed notes, computations and measurements, records of quantities of pay items used in the work, records of those materials entering the work site, the tests or basis of acceptance of these materials, and a daily record of the contractor’s operation and project work. Also, included will be Wage Interview Reports, working day reports, contractor progress estimates, contractor payrolls and statements of compliance and evaluation reports of the contractor. The wage interview report needs to be completed every six months. (14) Provide copies of the reports, estimates, statement, and evaluations to the City and the State Representative as per their desired schedule. (15) Project staking including, but not limited to staking the centerline, bench levels, control point tie out, and construction reference points, and final measurements. (16) Upon completion of the work, the Consultant shall prepare As -Built plans in black ink on full size plan sheets and a summary of the final quantities of all contract items, which together with all original notes, computations, measurements, and records outlined in this agreement for submittal to the City. (17) The Consultant shall certify in writing as to the completeness of the reports, verifications and analyses, and shall affix to the summary sheets the signature of a Professional Engineer employed by the Consultant licensed to practice in the State of Nebraska. (18) The Consultant shall deliver the completed As -Built plans and the final quantities, related documents to the City no later than forty-five calendar days after the City and State accept the construction of this project. If the delivered As-Built plans and the final quantities are not complete or accurate to the satisfaction of the City and State, the City will return them to the Consultant for correction and completion. The Consultant shall make the corrections without expense to the City and return them to the City within ten working days from the date of receipt. Additional work required to complete previous incomplete submittals will be paid for according to the FEES AND PAYMENTS section in this agreement. The time used by the City to review the Project No. STPAA - 5436 (4) - 12 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS As-Built plans and the final quantities or any delays not attributable to the Consultant will not be counted in determining the calendar days the Consultant used in completing the As -Built plans and the final quantities. If the Consultant fails to deliver the acceptable completed As-Built plans and the final quantities to the City within the time frame described in this agreement, liquidated damages in the amount of 100 dollars will be charged for each additional calendar day that the work remains uncompleted. SECTION 10. OWNERSHIP OF DOCUMENTS All surveys, tracings, plans, specifications, maps, computations, sketches, charts, and other data prepared and obtained under the terms of this agreement, are the City’s property and the Consultant shall deliver them to the City without restriction or limitation as to further use. SECTION 11. FORBIDDING USE OF OUTSIDE AGENTS: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit to secure this agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this agreement. For breach or violation of this warranty, the City can annul this agreement without liability, or in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, percentage, brokerage fee, gift, or contingent fee. SECTION 12. NON-RAIDING CLAUSE: The Consultant shall not engage the services of any person or persons presently in the employ of the City or State for work covered by this agreement without the prior written consent of the employer of such persons. SECTION 13. GENERAL COMPLIANCE WITH LAWS: The Consultant hereby agrees to comply with all Federal, State and local laws and ordinances applicable to the work. SECTION 14. DISPUTES: Any dispute concerning a question of fact in connection with the work not disposed of by this agreement, which will affect federal funding, must be referred for determination to the Director of the State or a duly authorized representative, whose decision in the matter will be final and conclusive on the parties to this agreement. Project No. STPAA - 5436 (4) - 13 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 15. RESPONSIBILITY FOR CLAIMS AND LIABILITY: The Consultant agrees to save harmless the City from all claims and liability due to the negligent activities of the Consultant or those of the Consultants, subconsultants, agents, or its employees. In this connection, the Consultant shall for the life of this agreement, carry insurance of the following types in at least the following amounts: 1. Bodily Injury and Property Damage with a combined single unit of liability of $500,000 each occurrence or Bodily Injury General and Automobile $250,000 each person General and Automobile $500,000 each occurrence Property Damage General and Automobile $250,000 each occurrence General $ 500,000 aggregate 2. Workmen's Compensation - Statutory The insurance referred to in Number 1 above must be written under Comprehensive General and Comprehensive Automobile Liability Policy Forms, including coverage for all owned, hired, and non-owned automobiles. The Consultant may at its option provide the limits of liability as set out above by a combination of the above described policy forms and excess liability policies. The Consultant shall furnish proof of insurance coverage to the City. SECTION 16. SUCCESSORS AND ASSIGNS: This agreement is binding on successors and assigns of either party. SECTION 17. DRUG-FREE WORKPLACE POLICY: The Consultant shall have on file with the State an acceptable drug-free workplace policy. SECTION 18. FAIR EMPLOYMENT PRACTICES ACT: The Consultant agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Sections 48-1101 through 48-1126, Nebraska Revised Statutes (Reissue 2004), which is hereby made a part of and included in this agreement by reference. SECTION 19. DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. Project No. STPAA - 5436 (4) - 14 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 20. DISADVANTAGED BUSINESS ENTERPRISES: (A) Policy The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 will have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and incorporated by this reference into this agreement. (B) Disadvantaged Business Enterprise Obligation The Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR 26 have the maximum opportunity to participate in the performance of subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, the Consultant shall take all necessary and reasonable steps in accordance with 49 CFR 26 to ensure the disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. The Consultant shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of FHWA assisted contracts. Failure of the Consultant to carry out the requirements set forth above shall constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the City and State. The SUBLETTING ASSIGNMENT OR TRANSFER section of this agreement further explains the Consultant's responsibility in ensuring that disadvantaged business enterprises have the maximum opportunity to compete for subcontracts. SECTION 21. NONDISCRIMINATION: A. Compliance with Regulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. Project No. STPAA - 5436 (4) - 15 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D. Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the State will impose such agreement sanctions as it or the FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies, and/or cancellation, termination or suspension of this agreement, in whole or in part. F. Incorporation of Provisions: The Consultant shall include the provisions of paragraph A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a Consultant becomes involved in, or is threatened with litigation with a Subconsultant/Subcontractor as a result of such direction, the Consultant may request that the State enter into such litigation to protect the interests of the State, and in addition, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. Project No. STPAA - 5436 (4) - 16 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS SECTION 22. SUBLETTING ASSIGNMENT OR TRANSFER: Any subletting, assignment or transfer of any services to be performed by the Consultant is hereby prohibited unless prior written consent of the City is obtained. If the Consultant chooses to utilize any Subconsultant for work covered under this agreement, the Consultant shall enter into an agreement with the Subconsultant. All Subconsultant agreements for work covered under this agreement in excess of $10,000.00 shall contain all required provisions of this agreement. No right of action against the City shall accrue to any Consultant by reason of this agreement. As outlined in the DISADVANTAGED BUSINESS ENTERPRISES section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subcontracts. Any written request to sublet any other work must include documentation of efforts to employ a minority business enterprise. SECTION 23. CONFLICT OF INTEREST By signing this agreement, the Consultant certifies that it has no financial or other interests in the outcome of this project. SECTION 24. CONSULTANT CERTIFICATION: The Consultant hereby certifies that wage rates and other factual unit costs supporting the fees in this agreement are accurate, complete, current, and subject to adjustment, if required, as provided by Sections 81-1701 through 81-1721, Nebraska Revised Statutes (Reissue 2003). After being duly sworn on oath, I do hereby certify that except as noted below, neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: a) has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Consultant) to solicit or secure this agreement, or b) has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or c) has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, Project No. STPAA - 5436 (4) - 17 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Instructions for Certification 1. By signing this Agreement, the Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the City's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the City determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City may terminate this agreement. 4. The Consultant shall provide immediate written notice to the City if at any time the Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. 6. The Consultant agrees that, should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the City before entering into this agreement. Project No. STPAA - 5436 (4) - 18 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS 7. The Consultant further agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the City or State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the City may terminate this agreement. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions A. The Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Project No. STPAA - 5436 (4) - 19 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and (4) Have not within a three-year period preceding this agreement had one or more public transactions (Federal, State or local) terminated for cause or default. B. Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this Agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SECTION 25. CERTIFICATION OF CITY: After being duly sworn on oath, I ________________________, (print the full name) by signing this agreement do certify that the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the State and FHWA in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable, State and Federal laws, both criminal and civil. SECTION 26. ALL ENCOMPASSED: This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements, either oral or written hereto. Project No. STPAA - 5436 (4) - 20 - Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. STATE OF ____________ ) )ss. _______________ COUNTY ) After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement for the firm. EXECUTED by the Consultant this _____ day of _______________, 20 . OLSSON ASSOCIATES __________________________________ Title______________________________ Subscribed and sworn to before me this _____ day of ________________, 20 . __________________________________ Notary Public EXECUTED by the City this _____ day of ______________________, 20 . WITNESS: THE CITY OF GRAND ISLAND, NEBRASKA ______________________________ __________________________________ City Clerk Mayor STATE OF NEBRASKA DEPARTMENT OF ROADS Approved as to form James J. Knott, P.E. ___________________________________ Roadway Design Engineer ___________________________________ Date Personnel Hours Matrix Olsson Associates Construction Engineering Services 201 E. 2nd Street Capital Avenue Paving Improvements PO Box 1072 Grand Island, NE 68802 Team Project Field Design ConstructionConstruction Survey Survey Survey Survey Const. Testing Leader Manager Engineer Technician Observer Observer Leader Manager Technician Technician Clerical Engineer 1. Surveying A.Verify & Reset Vertical & Horizontal Control 2.0 5.0 10.0 20.0 10.0 C.Grading 4.0 20.0 8.0 40.0 40.0 D.Paving 2.0 10.0 40.0 50.0 10.0 50.0 150.0 100.0 E.Storm Sewer 2.0 2.0 10.0 20.0 10.0 2.0 10.0 50.0 50.0 F.Sanitary Force Main 2.0 2.0 10.0 2.0 5.0 25.0 25.0 E.Lighting 2.0 4.0 2.0 4.0 20.0 20.0 G.Miscellaneous (traffic signals, striping, etc.)4.0 20.0 2.0 20.0 20.0 20.0 H.Utility Staking (Qwest, Northwest, & City Utilities)2.0 10.0 10.0 10.0 2.0 30.0 40.0 20.0 I.Right of Way & Easements 2.0 5.0 10.0 20.0 30.0 20.0 20.0 2.Preconstruction Work A.Preconstruction Conference 3.0 6.0 3.0 6.0 1.0 B.Public Meeting 10.0 40.0 40.0 20.0 5.0 C.Progress Meetings (25)25.0 50.0 50.0 20.0 D.Shop Drawing Review 10.0 5.0 20.0 4.0 E.Coordination with Utilities 40.0 20.0 20.0 (Qwest, Northwest, & City Utilties) 3.Construction Observation A.Removals 10.0 5.0 60.0 B.Grading 4.0 20.0 10.0 40.0 40.0 C.Sanitary Sewer 4.0 30.0 10.0 120.0 20.0 10.0 D.Utilities (Qwest, Northwest, & City Utilities)5.0 40.0 10.0 200.0 50.0 E.Storm Sewer 10.0 50.0 40.0 200.0 100.0 10.0 F.Paving 10.0 200.0 50.0 1,000.0 300.0 20.0 G.Sodding, Seeding, Pavers 10.0 40.0 50.0 5.0 H.Pavement Markings 10.0 60.0 I.Traffic Signal 10.0 10.0 40.0 J.Lighting 10.0 60.0 K.Traffic Control & Signing Plans 10.0 80.0 120.0 40.0 4.Miscellaneous and Office Work A.Project Management 52.0 B.Assume 3 Change Orders 10.0 30.0 30.0 10.0 C.Reporting forms (52 weeks)10.0 50.0 150.0 25.0 D.Quantity Books 5.0 30.0 150.0 40.0 25.0 E.Pay Requests (12)10.0 40.0 40.0 25.0 F.Record Drawings 20.0 80.0 5.0 G.Finalize Project 4.0 40.0 20.0 5.0 Subtotal (Hours)180.0 864.0 65.0 278.0 2,575.0 610.0 43.0 189.0 395.0 315.0 150.0 40.0 Hours $/Hour Cost Team Leader, Kevin Prior 180.0 $43.59 $7,846 Project Manager, Matt Rief 864.0 $33.65 $29,074 Field Engineer, Ryan Kavan 65.0 $21.15 $1,375 Design Technician, Zack Loomis 278.0 $16.75 $4,657 Construction Observer 1, Tom Schroeder 2,575.0 $16.90 $43,518 Construction Observer 2, Noah Siem 610.0 $16.00 $9,760 Survey Leader, Tim Aitken 43.0 $25.70 $1,105 Survey Manager, Jai Andrist 189.0 $20.29 $3,835 Survey Technician, Rod Zulkoski 189.0 $16.75 $3,166 Survey Technician, Jesse Hurt 315.0 $14.80 $4,662 Clerical, Enid Cederlind 150.0 $15.20 $2,280 Construction Testing Engineer, Jeff Palik 40.0 $30.14 $1,206 Direct Labor Subtotal:$112,482 Overhead @ 160%:$179,971 Subtotal $292,453 Profit (10%):$29,245 Total Labor:$321,698 Direct Costs Amount Mileage $6,200 GPS Equipment Usage $800 Phone $900 Postage $100 Copies $500 Subtotal:$8,500 Testing Quantity Unit Price Amount Densities 300 $25 $7,500 Proctors 5 $175 $875 Concrete Cylinders, Slump & Air 40 $65 $2,600 Cylinder Breaks 140 $12 $1,680 Aggregate Testings 5 $50 $250 Subtotal:$12,905 Survey Materials Quantity Unit Price Amount Flags (Bundles)20 $10 $200 Nails (Lbs.)10 $5 $50 Hubs (Bundles)100 $15 $1,500 Guards, Slope stakes, Etc...Stakes (bundles)50 $17 $850 Lathe (bundles)50 $20 $1,000 Subtotal:$3,600 Total Direct Costs:$25,005 Total Estimated Fees:$346,703 NDOR Project No. STPAA-5436 (4) Control No. 42427 Exhibit "B" CAPITAL AVENUE PAVING IMPROVEMENTS Page 1 of 1 Grand Island, NE Project No. STPAA-5436 (4) Exhibit "A" Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS Page 1 of 4 SCOPE OF INSPECTION Capital Avenue Paving Improvements Grand Island, NE GRADING AND REMOVAL ITEM SCOPE OF INSPECTION Remove Pavement Remove Driveway Remove Sidewalk Remove Concrete Swale Remove Concrete Median Surfacing Field inspection, measurement, verification of work performed, notebook record Earthwork Field inspection, verification of work performed, notebook record Overexcavation Field inspection, measurement, notebook record Traffic Control Field inspection, review of plan, verification of the work performed, notebook record Remove & Salvage Fence Field inspection, measurement, verification of work performed, notebook record Relocate & Salvage Light Pole Remove & Relocate Fire Hydrant Remove Pull Box Field inspection, verification of work performed, notebook record CONCRETE PAVEMENT & SURFACING ITEM SCOPE OF INSPECTION ___" Concrete Pavement w/ Integral Curb ___" Imprinted Concrete Median Surfacing 6" Concrete Driveway 6” Concrete Bike Trail 5" Concrete Sidewalk Concrete Combination Curb & Gutter Concrete Combination Curb & Gutter Stem Wall Concrete Median Nose Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, moisture and density tests, etc., notebook record ___” Asphaltic Concrete Pavement Temporary Surfacing Field inspection, measurement, verification of work performed, notebook record Crushed Rock Surface Course Field inspection, truck measurements, placement, notebook record Concrete Pavers Field inspection, measurement, verification of work performed, notebook record Adjust Manhole to Grade Adjust Valve Box to Grade Adjust Pull Box to Grade Adjust Fire Hydrant to Grade Field inspection, verification of work performed, notebook record STORM SEWER ITEM SCOPE OF INSPECTION ___” Reinforced Concrete Sewer Pipe Field inspection, verification of installation, lengths, notebook record Storm Sewer Manhole Type “__” Curb Inlet Area Inlet Reconstruct Area Inlet to Storm Sewer Manhole Concrete Flowliner Concrete for Box Culverts Field inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, field measurement, notebook record ___” Reinforced Concrete Flared End Section Place Salvaged R.C. Flared End Section Field inspection, verification of installation, notebook record Concrete for Collars Reinforcing Steel for Collars Reinforcing Steel for Box Culverts Field inspection, measurement, verification of work performed, notebook record Project No. STPAA-5436 (4) Exhibit "A" Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS Page 2 of 4 Tap Existing Storm Sewer Structure Field inspection, verification of work performed, notebook record Remove Sewer Pipe Field inspection, measurement, verification of work performed, notebook record Remove & Salvage R.C. Flare End Section Remove Inlet Remove Manhole Remove Flared End Section Remove Trench Drain Fie ld inspection, verification of work performed, notebook record Flowable Fill Field inspection, batch ticket, verification of work performed, notebook record WATER MAIN ITEM SCOPE OF INSPECTION ___” Service Saddle ___” Corporate Stop ___” Curb Stop Field inspection, verification of work installation, inspection identification, notebook record ___" Service Tubing Field inspection, measurement, verification of installation, inspection identification, notebook record SANITARY SEWER ITEM SCOPE OF INSPECTION Air and Vacuum Release Manhole Field inspection, verification of installation, inspection identification, notebook record ___” P.V.C. Sanitary Sewer Force Main Bore 36” Steel Pipe Casing Field inspection, measurement, verification of installation, inspection identification, notebook record ___” Plug Valve w/ Box ___” M.J. Tee ___” M.J. Cap ___” M.J. Solid Sleeve ___” M.J. ___ Degree Bend Field inspection, verification of work performed, inspection identification, notebook record Remove ___” D.I. Sewer Pipe Remove 6” D.I. Pipe Water Main Field inspection, measurement, verification of work performed, notebook record Remove ___” 90 Degree Bend Field inspection, verification of work performed, notebook record Remove and Replace Asphaltic Concrete Pavement Field inspection, measurement, verification of installation, inspection identification, notebook record TRAFFIC ITEM SCOPE OF INSPECTION Combination Mast Arm Signal and Lighting Pole, Type CMP-___-___ Field inspection, verification of work installation, inspection identification, notebook record Combination Pole Base Field and plant inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, field measurement, notebook record Street Name Sign Traffic Signal Controller Traffic Signal, Type ___ Pedestrian Signal, Type ___ Pedestrian Push Button, Type ___ Video Detection Camera Service Meter and Pedestal Field inspection, verification of work installation, inspection identification, notebook record Pull Box, Type ____ Field inspection, verification of work installation, notebook record Project No. STPAA-5436 (4) Exhibit "A" Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS Page 3 of 4 Vehicle Detector, Type ___ Field inspection, verification of work performed, notebook record ___ In. Conduit in Trench ___ In. Conduit under Roadway _____ AWG Traffic Signa l Cable _____ AWG Detector Lead-in-Cable Camera Detector Cable ___ Grounding Conductor ___ Street Lighting Cable ___ Service Cable Field inspection, verification of work installation, measurement, notebook record Relocate Street Name Sign Relocate Luminaire Relocate Traffic Signal, Type ___ Field inspection, verification of work installation, notebook record Remove & Salvage Combination Mast Arm Signal and Light Pole Remove Pull Box Remove Traffic Signal Cabinet and Base Field inspection, verification of work performed, notebook record Temporary Traffic Signal at US-281 Relocate Temporary Signal at Diers Avenue Field inspection, verification of work performed, notebook record ROADWAY LIGHTING ITEM SCOPE OF INSPECTION Street Lighting Control Center Street Lighting Unit, Type ____ Field inspection, verification of work installation, inspection identification, notebook record Light Pole Base Field and plant inspection, slump and air tests, concrete tickets, form inspection, placement, concrete cylinders, field measurement, notebook record Pull Box, Type ____ Field inspection, verification of work installation, notebook record Relocate Lighting Unit Field inspection, verification of work installation, notebook record ___ In. Conduit in Trench ___ In. Conduit under Roadway ___ Grounding Conductor ___ Street Light Cable Field inspection, verification of work installation, measurement, notebook record PAVEMENT MARKINGS ITEM SCOPE OF INSPECTION ___" White Preformed Plastic Pavement Marking, Type 3, Grooved ___" Yellow Preformed Plastic Pavement Marking, Type 3, Grooved 8" Yellow Preformed Plastic Pavement Marking, Type 3, Grooved Field inspection, field measurement, notebook record Left Arrow, Preformed Plastic Pavement Marking, Type 3, Grooved Right Arrow, Preformed Plastic Pavement Marking, Type 3, Grooved Field inspection, verification of work performed, notebook record MISCELLANEOUS ITEM SCOPE OF INSPECTION Seeding Sodding Field inspection, measurement, verification of work performed and quantities used, daily report, notebook record Fabric Silt Fence Erosion Control, Type AAA Field inspection, measurement, verification of work performed, notebook record Project No. STPAA-5436 (4) Exhibit "A" Control No. 42427 CAPITAL AVENUE PAVING IMPROVEMENTS Page 4 of 4 Personnel List Team Leader, Kevin Prior Project Manager, Matt Rief Field Engineer, Ryan Kavan Design Technician, Zack Loomis Construction Observer, Tom Schroeder Construction Observer, Noah Seim Survey Leader, Tim Aitken Survey Manager, Jai Andrist Survey Technician, Rod Zulkoski Survey Technician, Jesse Hurt Clerical, Enid Cederlind Construction Testing Engineer, Jeff Palik The following is applicable to all work covered under this agreement The Consultant will perform all tests that relate to control of construction. The sampling and testing frequency and methods shall be in accordance with City of Grand Island Specifications supplemented by current edition State of Nebraska Materials Sampling Guide and State Standard Methods of Tests. The project staking shall include, but not be limited to staking the centerline, bench levels, control point tie out, right of way, and construction reference points, and final measurements. GENERAL: Each inspector will record a daily record of project work. This record should be included in one of the other project notebooks or in a separate notebook. End of Scope of Inspection Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-273 WHEREAS, on November 9, 2004, by Resolution No. 2004-285, the City Council of the City of Grand Island approved an agreement with Olsson Associates of Grand Island, Nebraska, to perform design services to widen Capital Avenue from the Moores Creek Drainway to Webb Road ; and WHEREAS, on April 26, 2005, by Resolution No. 2005-131, the City Council of the City of Grand Island approved Amendment #1 to the agreement with Olsson Associates to extend the final design to Webb Road; and WHEREAS, an agreement was negotiated with Olsson Associates of Grand Island, Nebraska, to perform construction engineering services for the project at actual costs with a maximum of $346,703.00; and WHEREAS, the construction engineering services are eligible for 80% federal funding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand Island, Nebraska, for consulting engineering services on the project to widen Capital Avenue from Moores Creek Drain to Webb Road for actual costs with a maximum dollar amount of $346,703.00 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, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-274 - Approving Bid Award for a TV Camera with Transporter (Waste Water Division) Tuesday, September 26, 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: September 26, 2006 Subject: Approving Bid Award for a TV Camera with Transporter (Waste Water Division) Item #’s: G-12 Presenter(s): Steven P. Riehle, Public Works Director Background The Waste Water Division periodically inspects the existing sewer lines for obstructions and conditions of the pipe. New sewers lines are inspected to assure they were built to specification. On September 5, 2006 the Waste Water Division of the Public Works Department advertised for bids for the purchase of a TV Inspection camera with a tracked transporter for use in sanitary sewer collection system maintenance and cleaning. Discussion Two bid s were received and opened on September 15, 2006. One bid was submitted in compliance with the specifications with no exceptions. The estimate for the inspection camera was $35,000.00. The bid s are shown below. Bidder Exceptions Bid Security Bid Price Aries Industries, Inc. Waukesha, WI Noted Employers Mutual Casualty Company $19,985.00 Cues Orlando, FL None $1000.00 $17,900.00 There are sufficient funds in account no. 53030054-85615 to fund this purchase. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purchase of the TV inspection camera with transporter from Cues of Orlando, FL in the amount of $17,900.00. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the purchase of the TV inspection camera with tracked transporter from Cues of Orlando, Florida in the amount of $17,900.00. Sample Motion Motion to approve the purchase. 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: September 15, 2006 at 11:00 a.m. FOR: One (1) Cues Ozii Pan and Tilt Optical Zoom TV Inspection Camera And One (1) Cues Ultra Shorty 21 Variable Weight Tracked Transporter DEPARTMENT: Public Works ESTIMATE: $35,000.00 FUND/ACCOUNT: 53030054-85615 PUBLICATION DATE: September 5, 2006 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Aries Industries, Inc. Cues Waukesha, WI Orlando, FL Bid Security: Employers Mutual Casualty Company $1,000.00 Exceptions: Noted None Bid Price: $19,985.00 $17,900.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assit. PW Director Ben Thayer, Supt. WWTP Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1112 Approved as to Form ¤ ___________ September 22, 2006 ¤ City Attorney R E S O L U T I O N 2006-274 WHEREAS, the City of Grand Island invited sealed bids for a Cues Ozii Pan and Tilt Optical Zoom TV Inspection camera with a Cues Ultra Shorty 21 Variable Weight Tracked Transporter for the Public Works Department, Waste Water Treatment Plant Division, according to specifications on file at the Public Works Department; and WHEREAS, on September 15, 2006, bids were received, opened and reviewed; and WHEREAS, Cues of Orlando, Florida, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $17,900.00; and WHEREAS, such bid is below the estimate for such Cues Ozii Pan and Tilt Optical Zoom TV Inspection camera with a Cues Ultra Shorty 21 Variable Weight Tracked Transporter. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Cues of Orlando, Florida, in the amount of $17,900.00 for a Cues Ozii Pan and Tilt Optical Zoom TV Inspection camera with a Cues Ultra Shorty 21 Variable Weight Tracked Transporter is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-275 - Approving Bid Award for a Diffuser Cleaning System (Waste Water Division) Tuesday, September 26, 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: September 26, 2006 Subject: Approving Bid Award for a Diffuser Cleaning System (Waste Water Division) Item #’s: G-13 Presenter(s): Steven P. Riehle, Public Works Director Background On September 5, 2006 the Waste Water Division of the Public Works Department advertised for bids for the purchase of a sanitaire Hydrogen Chloride (HCL) diffuser gas cleaning system. The Wastewater Treatment Plant has 4 aeration basins with over 2,000 diffusers in each basin. The diffusers provide oxygen for biological life in the basins. Dirty and plugged diffusers slow down the transfer of oxygen thus reducing the effectiveness of the aeration basin which results in a reduced treatment capacity for the plant. When an aeration basin is taken out of service for cleaning the plant is not operating at capacity. Installation of an HCL diffuser gas cleaning system will allow the diffusers to be cleaned without taking each basin out of service for a manual cleaning process (the cleaning process typically takes one week per basin). Discussion One bid was received and opened on September 15, 2006. The bid was submitted in compliance with the specifications with no exceptions. The estimate for the system was $130,000.00. The bid is shown below. Bidder Exceptions Bid Security Bid Price ITT Industries Sanitaire Brown Deer, WI None $6,000.00 $117,600.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the purchase of the sanitaire HCL diffuser gas cleaning system from ITT industries Sanitaire of Brown Deer, WI in the amount of $117,600.00. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the purchase of the sanitaire HCL diffuser gas cleaning system from ITT industries Sanitaire of Brown Deer, WI Sample Motion Motion to approve the purchase. 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: September 15, 2006 at 11:15 a.m. FOR: One (1) Sanitaire HCL Diffuser Gas Cleaning System DEPARTMENT: Public Works ESTIMATE: $130,000.00 FUND/ACCOUNT: 53030054-85615 PUBLICATION DATE: September 5, 2006 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: ITT Industries Sanitaire Brown Deer, WI Bid Security: $6,000.00 Exceptions: Noted Bid Price: $117,600.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Ben Thayer, Supt. WWTP Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1113 Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-275 WHEREAS, the City of Grand Island invited sealed bids for a Diffuser Cleaning System for the Public Works Department, Waste Water Division, according to specifications on file at the Public Works; and WHEREAS, on September 15, 2006, bids were received, opened and reviewed; and WHEREAS, ITT Industries Sanitaire of Brown Deer, Wisconsin, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $117,600.00; and WHEREAS, such bid is below the estimate for such Diffuser Cleaning System. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of ITT Industries Sanitaire of Brown Deer, Wisconsin, in the amount of $117,600.00 for a Diffuser Cleaning System is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-283 - Approving Bid Award for Fiber Optic Cable - OPGW Project 2006-OPGW-11 Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Carl Hurd City of Grand Island City Council Council Agenda Memo From: Carl Hurd, Information Technology Manager Meeting: September 26, 2006 Subject: Approving Bid Award for Contract 2006-OPGW-2. Installation of 48 Fiber OPGW Shield Wire and ADSS to Provide Network Connection Between City Hall and Waste Water Treatment Plant. Item #’s: G-14 Presenter(s): David Springer, Finance Director Carl Hurd, Information Technology Manager Background On September 1, 2006 the City Information Technology advertised for bids for the installation of 48 fiber OPGW and ADSS from Phelps Control Center to the Waste Water Treatment Plant. This is a continuation of last year’s project that connected City Hall to Phelps Control. Platte Generating Station and Burdick Station are also using this connection. Funds for this project were in the 2005/2006 approved budget. This project is intended to increase network bandwidth between City Hall and remote sites. This is a prerequisite for the fiber connections to the New Safety Center, Jail and Fire Training Center. The current wireless system used to connect the Waste Water Treatment Plant to City Hall has been in service nearly 8 years and has a bandwidth of approximately 2mb. The Fiber will allow bandwidth of 1gb (1000mb) with the use of only 2 of the 48 fibers. This amount of bandwidth will provide the capability of having a backup data system at a remote site such as the Waste Water Treatment Plant. Discussion Nine project bid books were sent to potential bidders. One bid was received and opened on September 18, 2006. The reasons given for not bidding were; the project was too small, project bidders were currently busy with other projects or they could not get materials in time. The initial bid of $176,700.00 was above the Engineers Estimate, but this has been negotiated to $169,100.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve Kayton Electrics’ bid in the amount of $169,100.00 to complete the project. 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 Kayton Electrics’ bid of $169,100.00 to complete the project. Sample Motion Approve Kayton Electrics’ bid to complete the project. 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: September 18, 2006 at 11:00 a.m. FOR: Fiber Optic Cable – OPGW Project 2006-OPGW-II DEPARTMENT: Information Technology ESTIMATE: $170,000.00 FUND/ACCOUNT: IT - 40015025-90002 Utilities – Public Works - PUBLICATION DATE: September 1, 2006 NO. POTENTIAL BIDDERS: 8 SUMMARY Bidder: Kayton Electric, Inc. Holdrege, NE Bid Security: $9,000.00 Exceptions: Noted Bid Price: $176,700.00 cc: Carl Hurd, IT Manager David Springer, Finance Director Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1111 Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-276 WHEREAS, the City of Grand Island invited sealed bids for Fiber Optic Cable for the Information Technology Department, according to specifications on file with Information Technology of the Finance Department; and WHEREAS, on September 18, 2006, one bid was submitted, which was opened and reviewed; and WHEREAS, Kayton Electric, Inc. of Holdrege, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $176,700.00; and WHEREAS, the bid of Kayton Electric, Inc., has been negotiated to $169,100.00, which is below the estimate for such Fiber Optic Cable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Kayton Electric, Inc. of Holdrege, Nebraska, in the amount of $169,100.00 for a Fiber Optic Cable is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2006-277 - Approving Grant Application from the Transportation Enhancement Program for Construction of the Morman Island Hike/Bike Trail Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: September 26, 2006 Subject: Resolution Authorizing Staff to Apply for Trail Grant Item #’s: G-15 Presenter(s): Steve Paustian, Park and Recreation Director Background One of the requirements for applying for grant funding for trail construction is to receive authorization to apply from the City Council. The Parks & Recreation Department continues to expand the Hike & Bike Trail according to the Parks & Recreation Master Plan. The most recent expansion was a 1.8 mile trail from Hall County Park to South Locust Street. Funding from the Department of Roads Transportation Enhancement Fund has enabled the City to fund the Beltline Trail, Shoemaker Trail and River Way Trail. An additional Hike & Bike Trail extension requires that a new grant be submitted to the Department of Roads Transportation Enhancement Fund. Discussion It is the intention of the Park and Recreation Department to construct a trail addition from the south Wood River Diversion Dike where it intersects South Locust to a point 1/2 mile north of Interstate 80 (see map). The proposed Mormon Trail will link to the new River Way Trail and extend into Mormon Island State Park. The total project cost is $628,250, to be comprised of $500,000 TEA-21 federal funds and $128,250 local match. Federal funding will pay for 80% of the costs associated with the project if the grant request is approved. The grant application is due August 29, 2006. If the grant is not awarded, the project will be postponed until other funding can be secured. However, the City’s annual appropriation will be used fro other trail improvements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the grant application and authorize the Mayor to sign all related documents 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 grant application, pass the resolution and authorize the Mayor to sign all related documents. Sample Motion Motion to approve the grant application, pass the resolution and authorize the Mayor to sign all related documents. Rev. June 16, 2005 - Page 1 F I N A L Transportation Enhancement Program Application Form Instructions The following pages provide instructions for filling out the final Transportation Enhancement Application Form. The final application form is attached to these instructions and is intended to be completed after the Project Coordinator assigned to your project has conducted a site visit. It includes additional sections 10-12 not found on the draft application. Please answer all questions directly on the form within the space provided. Attach any additional information you believe will more fully explain and support your proposed project or activity. However, attachments are limited to a total of 10 pages, including the required attachments (maps, budgets, resolution and DR Form 275) listed on page 5. Letters of support (described in Item #13) will not be included in the ten page limit. 1. Governmental Agency Provide information regarding the governmental agency or political subdivision who will own and maintain the project. Attach a resolution from the governmental agency showing support of the proposed project. A resolution must be submitted as a requirement for funding. 2. Contact Person Provide the name, address, daytime telephone number, fax number and e-mail address (if applicable) of the person who is submitting and directing this project. 3. Signature Contact Person – This is the person identified in Item #2 who will be responsible for the management and implementation of your proposed project. 4. Signature Governmental Agency – This is the mayor or chairperson of the governmental agency listed in Item #1. 5. Project Name: Provide a name for the project. 6. Project Description/Location Provide a description of the proposed scope of work for this project. Include information on the specific items of work to be performed with the funds requested and the location of the project. For trail projects, describe the length, width, surface type, and beginning and ending points. For building projects, describe construction (existing vs. new), dimensions, purpose, etc. Explain how your project relates to transportation. Attach an 8½” x 11” map showing the project location. Rev. June 16, 2005 - Page 2 7. Project Cost Identify the cost of this project. Provide the total cost of the project and the amount of federal funding you are requesting (up to 80% of total cost). Attach an itemized budget showing construction items, estimated unit costs, and estimated quantities. Preliminary engineering and construction inspection/testing are also eligible expenses (see enclosed sample). Please note the maximum amount of federal funding per project is $500,000.00. [i.e., Total project cost of $625,000 = 80% federal ($500,000 max.) + 20% local ($125,000).] If the total project cost exceeds $625,000, the percentage of federal and local match must be adjusted. For example, $750,000 total project cost = 67% federal ($500,000 max.) + 33% local ($250,000). 8. Matching Funds Identify the percentage and source of matching funds (minimum 20% cash match required). Exceptions to the minimum 20% cash match requirement would include 1) the use of railbanked land value in lieu of a cash match, and 2) meeting pre-defined criteria which would allow an applicant to be eligible to provide a 10% non-federal cash match. (This pre-defined criteria is available from the Program Consultant and will be used when reviewing your proposed project.) 9. Project Type Check the box indicating your project category as shown below. Trails · Facilities for pedestrians and bicycles · Safety and educational activities for pedestrians and bicyclists · Preservation of abandoned railway corridors (including conversion and use as pedestrian/bicycle trails) Historic Preservation · Rehabilitation of historic transportation buildings, structures, or facilities (including historic railroad facilities) · Archeological planning and research Scenic or Historic Byways · Acquisition of scenic easements and scenic or historic sites · Scenic or historic highway programs (including tourist and welcome center facilities) · Landscaping and other scenic beautification · Environmental mitigation to address water pollution due to highway runoff or reduce vehicle- caused wildlife mortality while maintaining habitat connectivity · Establishment of transportation museums Rev. June 16, 2005 - Page 3 10. Previous Transportation Enhancement Projects Check the box indicating whether you have received transportation enhancement funding in the past. If the answer is yes, please list the names and federal funding amounts received for each project. 11. Transportation/Community Plans Please identify if this project is part of a planning document. 12. Public Benefits Describe how this project serves a public use and any potential economic and social benefits for the community or region. These may be benefits to health, economic development, or tourism. Also, please describe aesthetic, functional and safety impacts, as well as potential improvements to the quality of life. 13. Project Support Provide the names of governmental agencies who are in support of this project, as well as a resolution or meeting minutes from the governmental agency listed in Item #1. Also, please state the current level of support from the general public, other groups and organizations. Attach documentation from them affirming this support. 14. Environmental Impacts (DR Form 275) Impacts of projects can be both beneficial and adverse. Please complete the review area, estimated involvement and remarks portions of the form to the best of your ability. If your project is selected, you will be responsible to obtain necessary environmental clearances and permits. Send one completed application to: R. James Pearson Transportation Enhancement Administrator Nebraska Department of Roads PO Box 94759 Lincoln, NE 68509-4759 Additional forms may be downloaded from http://www.dor.state.ne.us/trans-enhance/ Rev. June 16, 2005 - Page 4 State of Nebraska Department of Roads Transportation Enhancement Improvement Request (Final) 1. AGENCY NAME: GOVERNMENTAL AGENCY (Check One): City of Grand Island Village NRD City State County Other 2. CONTACT PERSON: Steve Paustian FAX NUMBER: (308) 385-5488 MAILING ADDRESS: (Street) P.O. Box 1968 CITY: Grand Island, STATE: NE ZIP: 68802 DAYTIME PHONE: (308) 385-5444 E-MAIL: spaustian@grand-island.com 3. CONTACT PERSON: (Print Name & Title) SIGNATURE Steve Paustian, Parks & Recreation Director DATE: 9-26-06 4. GOVERNMENTAL AGENCY: (Print Name & Title) SIGNATURE Jay Vavricek, Mayor DATE: 9-26-06 5. PROJECT NAME: (Example: Beatrice Big Blue Trail; Neligh Mill Bridge Renovation) Mormon Island Trail 6. PROJECT DESCRIPTION/LOCATION: (Include location, work to be performed, and attach map) The proposed trail will link to the new River Way Trail and extend from the Wood River Diversion Channel south parallelling South Locust St. to a point 1/2 mile north of Interstate 80. The trail will then extend west approximately two miles to tie into Mormon Island State Park (these 2 miles are not a part of this grant application). The new 3.5 mile trail will be a 10' wide x 6" Portland cement concrete trail. All of the right-of-way was acquired as a part of a multi-year South Locust Street expansion project in anticipation of hike and bike trail construction needs. To date, the City has expended over $200,000 on substructure of both bridges, plus$14,500 has been spent on superstructure design in anticipation of the Mormon Island Trail. Until the bridges are completed, the trail will route back from the right-of-way onto the bridge shoulder to cross existing rivers. DESCRIBE HOW YOUR PROJECT RELATES TO TRANSPORTATION: The Hike & Bike Trail transportation system in Grand Island is growing into a widely used and well-traveled recreation and transportation route. A Hall County population of 52,290+ persons, plus tourists, visitors and area residents, represent a wide population base that will benefit from this project. The location of the Mormon Island Trail is unique in its potential for use by national and international travelers, pedestrians, cyclists, and others. The Mormon Island Trail is an extension of the River Way Trail that created a new transportation route from South Locust to Hall County Park, the Platte Valley Industrial Park, Stuhr Museum and College Park. Mormon Island captures traffic from U.S. Highways 281, 34 and 2, and Interstate 80. Travelers fill this busy tourist attraction and camping spot. The proposed trail creates an additional access route into and out of the community. 7. PROJECT COST TOTAL: $628,250.00 FEDERAL FUNDS REQUESTED: $500,000.00 8. MATCHING FUNDS PROVIDED BY: $128,250.00 PERCENTAGE OF MATCH: (Minimum 20% of total) 21% 9. PROJECT TYPE: (Select One Category) Trails Historic Preservation Scenic or Historic Byways Rev. June 16, 2005 - Page 5 10. HAVE YOU RECEIVED TRANSPORTATION ENHANCEMENT FUNDS IN THE PAST? YES NO IF YES, PLEASE LIST ALL PROJECTS FUNDED AND TOTAL DOLLARS RECEIVED: Beltline Trail - $310,969.74 Shoemaker Trail - $273,250.86 River Way Trail - $345,552.00 11. IDENTIFY IF THIS PROJECT IS PART OF A PLANNING DOCUMENT: This project is part of two different plans: 1) the City of Grand Island Comprehensive Plan (completed 2004) and 2) the Parks and Recreation Master Plan (map attached.) 12. PUBLIC BENEFITS OF THIS PROJECT: The Mormon Island Trail expands the Grand Island - Hall County Hike & Bike Trail transportation route to extend into a nationally known and promoted 35-acre tourist attraction and camping area, Mormon Island State Recreation Area. In the opposite direction, the proposed trail creates a direct route from Interstate 80 into Grand Island. The option of hiking/biking decreases vehicular traffic on major roadways, promotes energy conservation, provides opportunity for cost savings on gas that has been as high as $3.60 in the past 30-days at locations near the Interstate 80 exit, and reduces opportunity for vehicle conflicts. A decrease in vehicular traffice equates to less noise, energy conservation and an improved environment. The extended Hike & Bike Trail is a safe, protected transportation network for all ages, providing safe crossing areas and ample width for multiple riders. The Mormon Island Trail will provide an extraordinary view to the public of the migrating sandhill cranes. Between February and April, the cranes feed and roost within 10-miles of the Platte River. The new trail will be adjacent to a protected environmental wetland that hosts the cranes, plus a variety of ducks, geese and other migratory birds. The new 3.5 mile Hike & Bike Trail transportation network is a recreational benefit in itself. According to "Calorie Counter.net", a person can burn 150-300 calories per 30-minute bike ride. The benefit of biking is "an excellent aerobic workout which is highly beneficial for heart and lung efficiency. Biking offers good lower-half body shaping benefits as it works the muscles in buttocks, front and back thighs and lower legs." A 30-minute walk at a brisk speed can burn up to 100 calories . The public benefit of increased weight loss and better health is immeasurable! 13. THIS PROJECT IS SUPPORTED BY: The City of Grand Island and the Hall County Board of Supervisors Nebraska Department of Roads Nebraska Game & Parks Commission Central Platte Natural Resources District Attach the following required items: · Budget · Map (8½” x 11” only.) Maps of some communities may be obtained from the Department of Roads’ Map Sales at (402) 479-4503. · Resolution · Environmental Impact Forms (DR Form 275) Approved as to Form ? _____________ September 22, 2006 ? City Attorney R E S O L U T I O N 2006-277 WHEREAS, on June 10, 1996, by Resolution 96-188, the City of Grand Island approved and adopted the Parks and Recreation Comprehensive Development Plan; and WHEREAS, such plan included the development of a hiker/biker trail system for the community; and WHEREAS, the City of Grand Island is requesting grant funding for such project; and WHEREAS, if granted, assistance would be provided for 80% of the project costs; and WHEREAS, the City of Grand Island, Nebraska, has available a minimum of 20% of the project cost and has the financial ability to operate and maintain the completed facility in a safe and attractive manner for public use. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island supports the construction of the Morman Island hiker/biker trail, and further approves and authorizes an application for assistance from the Transportation Enhancement Program for the purpose of constructing such trail. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such application and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 26, 2006. ____________________________________ Jay Vavricek, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Item G16 #2006-278 - Approving Tax Increment Financing for Redevelopment Plan and Redevelopment Project Located at 210 East Stolley Park Road (Wile E Investments) This item relates to the aforementioned Public Hearing Item E-7. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-278 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 1997, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 2 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be the expansion of a pet grooming business and kenneling facilities to be located at 210 East Stolley Park Road in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: - 2 - 1. The Redevelopment Plan of the City approved for Redevelopment Area No.2 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined, based on the analysis conducted by the Authority, that (a) the redevelopment project in the plan would not be economically feasible without the use of tax- increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission with respect to the Redevelopment Contract. 2. Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3. Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall be December 1, 2006 as follows: a. That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. - 3 - c. The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. 4. The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2006-279 - Approving Subordination of 1805 Freedom Drive (Dean A. Bierhaus and Patricia D. Bierhaus) Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Marsha Kaslon, Community Development Council Meeting: September 26, 2006 Subject: Subordination Request for 1805 Freedom Drive (Dean A. and Patricia D. Bierhaus) Item #’s: G-17 Presenter(s): Marsha Kaslon, Community Development Background The City of Grand Island has a Deed of Trust filed on property owned by Dean A. and Patricia D. Bierhaus at 1805 Freedom Drive, in the amount of $5,810.00. On February 23, 2006, Emergency Repair funds in the amount of $5,810.00 were loaned to Dean A. and Patricia D. Bierhaus, husband and wife, to assist in the emergency repair of a home in the Grand Island area. The legal description is: Lot 14, Freedom Acres Subdivision, Hall County, Nebraska ID # 400155478 The owner is requesting permission to assume a first mortgage, behind which the City would become the second mortgage. Discussion This subordination request was previously submitted to City Council on the September 12, 2006 from Loans for Homes, Inc. It was unknown to Loans for Homes that Ordinance 8854 existed on the property by the City Of Grand Island for assessing and levying a special tax to pay the cost of construction of Sanitary Sewer District No. 501 for sewer taxes that was filed on September 24, 2003. The amount owed to the City of Grand Island for Ordinance 8854 is approximately $7,726.73. Argent Mortgage Company has agreed to loan to Dean and Patricia Bierhaus $108,000 or 90% of the appraised value of the housing unit to refinance their home for minor rehabilitation and to pay off the entire amount of the sewer assessment and taxes for Ordinance 8854 to the City of Grand Island. However, in order for Dean and Patricia Bierhaus to secure the loan from Argent Mortgage, Community Development’s current Deed of Trust must be subordinated. Presently, the Deed of Trust is junior in priority to a Deed of Trust to Citicorp Trust Bank in the amount of $5,810.00. A new lien in the amount of $108,000.00 with Argent Mortgage would replace the senior Deed of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien, however, the new lender, Argent Mortgage, requires and has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The new appraised value of the property is $120,000 and is sufficient to secure the first mortgage of $108,000.00 and the City’s mortgage of $5,810.00. The City’s loan of $5,810.00 will be forgiven if the original owner’s of the property (Dean A. and Patricia D. Bierhaus) reside in the house for a period of 5 years from the date the lien was filed which was February 23, 2006. The lien amount decreases 20% per year. 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 Motion to approve the Subordination Agreement with New Century Mortgage, placing the City in the junior position to the new Deed of Trust. SUBORDINATION AGREEMENT NOTICE; THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECUIRTY INSTRUMENT. THIS AGREEMENT, made this 26th day of September, 2006, by Dean A. and Patricia D. Bierhaus, husband and wife, owners of the land hereinafter described and hereinafter referred to as “Owner”, and Argent Mortgage Company, present owner and holder of the Deed of Trust and Note first and hereinafter described and hereinafter referred to as “Beneficiary”. WITNESSETH: THAT, WHEREAS, Dean A. and Patricia D. Bierhaus , married persons, DID EXECUTE a Deed of Trust dated February 23, 2006 to the City of Grand Island, covering: Lot 14, Freedom Acres Subdivision, Hall County, Nebraska ID # 400155478 To secure a Note in the sum of $5,810.00 February 23, 2006 in favor of the City of Grand Island, which Deed of Trust was recorded March 31, 2006 as Document No. 200602814 in the Official Register of Deeds Office of Hall County; and WHEREAS, Owner has executed, or are about to execute, a Deed of Trust and Note in the sum of $108,000.00 dated September 26, 2006 in favor of Argent Mortgage Company, hereinafter referred to as “Beneficiary” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, Beneficiary is willing to make said loan, provided the Deed of Trust securing the same is a lien or charge upon the above-described property prior and superior to the lien or charge of the Deed of Trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Beneficiary; and WHEREAS, it is to the mutual benefit of the parties hereto that Beneficiary make such loan to Owners; and Beneficiary is willing that the Deed of Trust securing the same shall, when recorded constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Beneficiary to make the loan above referred to, it is hereby declared, understood, and agreed as follows: 1) That said Deed of Trust securing said Note in favor of Beneficiary, and any renewals of extensions thereof shall unconditionally be and remaining all times a lien or charge on the property therein described, prior and superior to the lien or charge of the Deed of Trust first above mentioned. 2) That Beneficiary would not make its loan above described without this Subordination Agreement. 3) That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust first above to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that: 1) He consents to and approves (i) of all provisions of the Note and Deed of Trust in favor of Beneficiary above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Beneficiary for the disbursement of the proceeds of Beneficiary’s loan; 2) Beneficiary in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Beneficiary represented that it will, see to the application of such proceeds by the person or persons to whom Beneficiary disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; 3) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Beneficiary above referred to and understands that in reliance upon, and in consideration of this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and 4) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor of Beneficiary above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. ___________________________________ By: ________________________________ STATE OF NEBRASKA) ) ss COUNTY OF HALL ) Sworn and Subscribed to before me this ______ day of ______________, 2006. ___________________________________ Notary Public Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney R E S O L U T I O N 2006-279 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated February 23, 2006 in the amount of $5,810.00, secured by property located at 1805 Freedom Drive and owned by Dean A. Bierhaus and Patricia D. Bierhaus, husband and wife, said property being described as follows: Lot 14, Freedom Acres Subdivision, Hall County, Nebraska, ID #400155478 WHEREAS, Dean A. and Patricia D. Bierhaus wish to execute a Deed of Trust and Note in the amount of $108,000.00 with Argent Mortgage 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 Dean A. Bierhaus and Patricia D. Bierhaus, husband and wife, to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Argent Mortgage, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2006-280 - Approving Interlocal Agreement with Hall County Relative to Bookmobile Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: September 26, 2006 Subject: Approving Interlocal Agreement with Hall County Relative to Bookmobile Item #’s: G-18 Presenter(s): Steve Fosselman, Library Director Background Hall County has a 40+ year history of contracting with the Grand Island Public Library and City of Grand Island for county residents’ use of the library facilities including the Hall County Bookmobile. A library board committee usually meets with a county board committee to negotiate a new agreement, which in some instances has been for one year but in this instance is a multi-year agreement. Discussion The five-year agreement as negotiated and approved by the Hall County Board of Supervisors provides for a $101,253 payment by the county to the library for these services, retroactive to July 1, 2006 and with annual 2% increases starting July 1, 2007 through June 30, 2011. Last year’s one-year agreement provided for a payment of $79,050. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve this interlocal agreement. Sample Motion Motion to approve the Interlocal Agreement with Hall County Relative to the Bookmobile. Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-280 WHEREAS, Hall County desires to have comprehensive library services provided for the citizens and schools of Hall County; and WHEREAS, Nebraska statutes provide that the County Board of Supervisors may contract for the services of a public library already established and may levy a tax for such library service in accordance with said statutes; and WHEREAS, the Grand Island Library Board and the County of Hall intend to provide library service through the facilities of the library with the cooperation of the County of Hall; and WHEREAS, a form of Agreement has been agreed to between the Grand Island Library Board and the County of Hall. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Interlocal Cooperation Agreement by and between the Grand Island Library Board and the County of Hall, Nebraska, for library services to the residents of Hall County is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item G19 #2006-281 - Approving Purchase Agreement for (2) SelfCheck Workstations with SirsiDynix Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Library Director Meeting: September 26, 2006 Subject: Approving Purchase Agreement for (2) SelfCheck Workstations with SirsiDynix Item #’s: G-19 Presenter(s): Steve Fosselman, Library Director Background Through previous City Council approval, the Grand Island Public Library has been contracting with SirsiDynix (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items. The purchase of 3M SelfCheck workstations (which allow patrons to do the routine checkout of materials without staff intervention) in 1993 was included in this arrangement. Since that initial contract, our library has periodically received City Council approval for various system enhancements and 3M SelfCheck upgrades. Discussion To facilitate the advancement of technologies such as will be implemented in the library’s expansion project, SirsiDynix is offering a trade-in incentive of our current workstations for a net cost of $34,522.00 after trade in. This will allow our library to continue operating in the most cost-effective manner and to allow staff to provide other essential services to library patrons while increasing numbers of routine checkouts handled by the patrons themselves. Purchasing through SirsiDynix is recommended because 3M selfcheck workstations are directly linked to SirsiDynix’s database server, purchasing through SirsiDynix assures the library of consistent maintenance service regardless of the source of the problem, and discounts have been negotiated with SirsiDynix based on previous purchases. This is a budgeted expense in the library’s account 10044301-85620, which has a current balance of $35,000 for automation enhancements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve this purchase agreement in the amount of $34,522.00 with SirsDynix. Sample Motion Motion to approve a purchase agreement in the amount of $34,522.00 with SirsDynix. Approved as to Form ? _______________ September 21, 2006 ? City Attorney R E S O L U T I O N 2006-281 WHEREAS, the Grand Island Public Library has contracted with SirsiDynix (formerly Dynix) since 1993 on a variety of automation system needs, including installation of hardware and software to operate the automated circulation of items; and WHEREAS, to facilitate the advancement of technologies such as will be implemented in the library’s expansion project, to allow our library to continue operating in the most cost-effective manner, and to allow staff to provide other essential services to library patrons while increasing numbers of routine checkouts handled by the patrons themselves, SirsiDynix is offering a trade-in incentive on such equipment; and WHEREAS, the purchase of two 3M Self Check V series workstations for the amount of $34,522.00 is recommended; and WHEREAS, continued use of SirsiDynix is recommended to assure consistent maintenance with SirsiDynix equipment that is directly linked to the SirsiDynix database server. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of two 3M Self Check V series workstations at the Grand Island Public Library from SirsiDynix (formerly Dynix) for the amount of $34,522.00 is hereby approved; and the Mayor is hereby authorized and directed to execute such Purchase Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 26, 2006. _____________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G20 #2006-282 - Approving Extension of Bid Price with CH2M Hill for the Lease of an Aerated Static Pile Compost Pilot Testing Unit Tuesday, September 26, 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: September 26, 2006 Subject: Approving Extension of Bid Price with CH2M Hill for the Lease of an Aerated Static Pile Compost Pilot Testing Unit Item #’s: G-20 Presenter(s): Steven P. Riehle, Public Works Director Background The lease of and Aerated Static Pile (ASP) compost pilot testing unit for use at the Waste Water Treatment Plant was approved by Resolution # 2006-47 at the February 12, 2006 council meeting. The pilot was to determine the effectiveness of an ASP system for composting sewage sludge from the treatment process. This has been a successful operation, thus the pilot is still operating at the waste water treatment plant. The ASP reduces the amount of sludge being disposed of via landfills resulting in a net savings of approximately $10,500 per month. Discussion The original bid was based on a lease period of 2 months therefore the term of the lease needs to be extended. CH2M Hill has agreed to honor their original bid price of $4,470 per month. Administration recommends extending the lease an estimated 18 months (thru October 2007) or until a permanent ASP composting system is in place, which ever is later. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the extension of bid prices with CH2M Hill for the lease of the Aerated Static Pile compost pilot testing unit. 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 extension of the bid price with CH2M Hill for the lease of the Aerated Static Pile compost pilot testing unit for 18 months (thru October 2007) or until a permanent ASP composting system is in place, which ever is later. Sample Motion Motion to approve the extension of bid prices. Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-282 WHEREAS, on February 14, 2006, by Resolution 2006-47, the City Council of the City of Grand Island approved the lease of an Aerated Static Pile (ASP) compost pilot testing unit for use at the Waste Water Treatment Plant to determine the effectiveness of an ASP system for composting sewage sludge from the treatment process; and WHEREAS, the original bid was based on a lease period of two months; and WHEREAS, it is in the City's best interests to extend the lease for an estimated eighteen months; and WHEREAS, CH2M Hill will honor the original bid price of $4,470.00 per month for the extension of the lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to continue the lease with CH2M Hill for the Aerated Static Pile Compost Pilot Testing Unit for a period of eighteen (18) months at the cost of $4,470.00 per month. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2006-284 - Consideration of Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for an Addition to Class "CK-69738" Liquor License This item relates to the aforementioned Public Hearing Item E-8. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2006 ¤ City Attorney R E S O L U T I O N 2006-283 WHEREAS, an application was filed by H & H Catering, Inc., , doing business as H & H Catering at 700 East Stolley Park Road for an addition to their Class “CK-69738” Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on September 16, 2006; such publication cost being $14.03; and WHEREAS, a public hearing was held on September 26, 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 contingent upon final inspections. ____ 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, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-285 - Consideration of Complaints Filed Pursuant to the Nebraska Liquor Control Commission Rules and Regulations 53- 134.04 Regarding OK Liquor, 305 West Koenig Street, Liquor License "D-15914" This item relates to the aforementioned Public Hearing Item E-9. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ July 25, 2006 ¤ City Attorney R E S O L U T I O N 2006-284 WHEREAS, the City of Grand Island has received ten (10) written complaints relating to Liquor License “D-15914” Harold E. Carmichael, Jr. doing business as OK Liquor located at 305 West Koenig Street; and WHEREAS, pursuant to the Nebraska Liquor Control Commission Rules and Regulations §53-134.04 a public hearing notice was published in the Grand Island Independent as required by state law on September 16, 2006; such publication cost being $14.47; and WHEREAS, a public hearing was held on September 26, 2006, for the purpose of discussing such liquor license complaints. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license complaints. ____ The City of Grand Island hereby cancels the above identified liquor license based on the following findings: _______________________________________ __________________________________________________________ ____ The City of Grand Island hereby revokes the above identified liquor license based on the following findings: _______________________________________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 26, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 13, 2006 through September 26, 2006 The Claims for the period of September 13, 2006 through September 26, 2006 for a total amount of $3,853,232.90. A MOTION is in order. Tuesday, September 26, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council