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11-14-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 14, 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 Sheri Lodel, Calvary Lutheran Church, 1304 North Custer 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 Presentation of Certificate of Merit to Bill and Betty James for Efforts to Clean up Indian Acres Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council On Saturday October 21st, 2006 the City of Grand Island, Clean Community System and the Grand Island Police Department held a Community Clean Up at the Indian Acres Subdivision. Letters were sent out a week in advance to help the residents prepare. We had two locations for disposal, one of which had a container for the disposal of White Goods. From the two locations, we disposed of 12,000 lbs of garbage and over 10,000 lbs of White Goods. Though not as much as last years clean up which netted over 50.000 lb s of debris removed, still a good effort on behalf of the residents. Many of the residents lent a helping hand. They helped their neighbors unload, and in turn their neighbors did the same. Bill and Betty James, however, went above and beyond. Bill and Betty James are exemplary examples for their community. They have a property that shines above all others in the area. They are very happy to lend a helping hand to their neighbors and to the organizers of the clean up, for whom the y provided coffee, donuts, and they opened their home for what ever our needs were. Bill and Betty, who reside at 207 Arapahoe, purchased the property just to the south of them, just to clean it up. They took a blighted property, removed all of the debris, rodents and other unsightly litter and made it a lot that someone may now occupy and add to the area, not detract from it. For the clean up, moving one property more to the south, Bill contacted his neighbors and lent a helping hand. He helped them deconstruct an old camper, removed; weeds and shabby bushes that stood 6 feet high, lots of litter and debris, and Bill helped them to load all of it. In total, with Bill’s help, this family disposed of three heaping 16ft trailer loads. Not one item contributed to the total removed from Indian Acres came from Bill and Betty James’, though; much of it would not have left without their help. They are true examples of good neighbors who do unselfish acts of kindness. Oh and did I mention, Bill did all of this and he is legally blind. The y are deserving of this Certificate of Merit. Item C2 Recognition of Tom and Kim Dinsdale "Nebraska's Philanthropists of the Year" The Mayor and City Council will recognize Tom and Kim Dinsdale for their outstanding contribution to the City of Grand Island and Nebraska. The Dinsdale's have been named Philanthropists of the Year by the Association of Fundraising Professionals. We are fortunate to have people like Tom and Kim in our community giving of their time and talents to many non-profit organizations. Congratulations Tom and Kim for making Grand Island a better place for all of us to live. We appreciate your hard work. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Recognition of Jeff Wattier, Danelle Collins, and Joel Hestermann for Service in the Armed Forces The Mayor and City Council will recognize Jeff Wattier, Danelle Collins, and Joel Hestermann for their service in the Armed Forces. Jeff Wattier, Solid Waste Superintendent with the Public Works Department is a Sergeant with the Nebraska Army National Guard/189th Transportation Unit. He has been a member with the 189th unit for 10 years and is a Transportation Specialist. He was activated right after 9-11 to conduct security at the airport in Omaha. His most recent deployment was overseas in Iraq, returning in October 2006. Danelle Collins, Administrative Assistant with the Public Works Department is a Staff Sergeant with the Nebraska Air National Guard/155th Air Refueling Wing. She has been a member with the 155th unit for 6 years as a mechanic on the KC 135 refueling jets. She has been deployed to France, Turkey and has most recently served in Iraq in June 2006. Joel Hestermann, Police Officer with the Grand Island Police Department is a Staff Sergeant with the Nebraska Army National Guard Troop A 1-167 Cavalry. He has been a member with the Army National Guard for 15 years. He was deployed to Iraq in January 2005 and returned in June 2006. We want to thank these employees for giving of themselves to protect our country and are proud to have such individuals as city employees. Their bravery and dedicated service in fighting for our nation is appreciated by those who enjoy the freedom we know today, remembering "Freedom Isn't Free". Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing on Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class "C" Liquor License Tuesday, November 14, 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: November 14, 2006 Subject: Public Hearing on Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. At the October 24, 2006 City Council meeting, discussion was held concerning the plans for the sampling of alcohol within the store. The City Council referred the action of this item to the November 14, 2006 meeting to allow Super Saver to submit a plan. (See attached plan.) City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Attached is the Police Department’s background investigation and recommendation. Also included with this application is a request from Fred M. Groenke, 2308 West Charles Street for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C” Liquor License and Liquor Manager Designation for Fred M. Groenke, 2308 West Charles Street with the stipulation that Mr. Groenke complete a state approved alcohol server/seller training program. Item E2 Public Hearing on Request from Geotechnical Services, Inc. for a Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: November 14, 2006 Subject: Request of Geotechnical Services on Behalf of R D & D Inc. for a Conditional Use Permit for a Temporary Trailer to be Placed at 417 N. Sycamore Street, Grand Island, NE Item #’s: E-2 & H-1 Presenter(s): Craig Lewis , Building Department Director Background This request is for approval of a conditional use permit to allow for the temporary placement of a vapor extraction trailer to facilitate the removal of free phase petroleum from groundwater at the site. The site is currently zoned (B-2) General Business. Trailers and temporary buildings are only allowed within this zoning classification if approved by the City Council in the form of a conditional use permit. Discussion This proposal is similar to several in the recent past to allow for a trailer or a temporary building to be placed on the site to aid in the clean up of groundwater. The proposed length of time is for two years and appears allowable in the City code. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties, however in 1995 as a building addition was constructed landscaping regulations were applicable and the proposed location for the trailer appears to conflict with the location of that required landscaping. As the City code requires the landscaping to be maintained approval of this request should be based upon the replacement of any displaced landscaping. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Disapprove or /Deny the request. 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request with the identified replacement of required landscaping and authorize the issuance of a conditional use permit for a two year period. Sample Motion A motion to approve the request for a conditional use permit to allow for a temporary vapor extraction facility for a two year period and identify the location of displaced landscaping to be installed within the next six months. Item E3 Public Hearing on Acquisition of Sidewalk Easement at 720 W Stolley Park Road (John and Colleen Street) Tuesday, November 14, 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: November 14, 2006 Subject: Public Hearing on Acquisition of Sidewalk Easement at 720 W Stolley Park Road (John and Colleen Street) Item #’s: E-3 & G-7 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is necessary for the City of Grand Island to acquire public easements. A public easement is needed for the installation of sidewalks adjacent to the property at 720 E Stolley Park Road. The property owners are installing sidewalk along the East side of Adams Street. Discussion The easement is needed for the sidewalks to be used by the public. The owners have agreed to the terms of the easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the easement. 2. Refer the issue to a Committee. 3. Postpone the issue to future date . 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the Resolution for the acquisition of the Sidewalk Easement in the amount of One Dollar ($1.00). Sample Motion Motion to approve the acquisition of the Sidewalk Easement. Item E4 Public Hearing on Acquisition of Right-of-Way along the South Side of Capital Avenue (2490 Carleton Avenue, 2449 Carleton Avenue, and 2485 N Diers Avenue, John R. Menard) Tuesday, November 14, 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 Dale Shotkoski, City Attorney Meeting: November 14, 2006 Subject: Public Hearing on Acquisition of Right-of-Way along the South Side of Capital Avenue (2490 Carleton Avenue, 2449 Carleton Avenue, and 2485 N Diers Avenue, John R. Menard) Item #’s: E-4 & G-8 Presenter(s): Steven P. Riehle, Public Works Director Dale Shotkoski, City Attorney Background Nebraska State Law requires a Public Hearing and Council approval for acquisition of property. Public Street Right-of-Way and Temporary Construction Easements are needed along Capital Avenue for the property at 2490 Carleton Avenue, 2449 Carleton Avenue, and 2485 N Diers Avenue for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road. Discussion Council action is necessary for the City of Grand Island to acquire public Right-of-Way and easements. Temporary construction easements do not usually go before council for approval to acquire. However, if use of eminent domain is necessary to continue with the project, council approval to acquire Temporary Construction Easements is needed. Although our property acquisition firm, Midwest Right-of-Way Services, Inc, has negotiated successfully with many of the properties along Capital, there remain a few that we have not negotiated an agreement with. Midwest continues to work with the remaining property owners, but eminent domain may be needed to acquire the remaining parcels. Therefore, it is essential that the Council allow for the use of eminent domain in the event that we can not acquire all property needed to accomplish the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. 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 conduct a Public Hearing and approve acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. Sample Motion Motion to approve the acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. PropertyNeeded fromJohn R Menard Item E5 Public Hearing on Acquisition of Right-of-Way along 3426 W Capital Avenue (Robert D. Hancock and Patricia J. Hancock) Tuesday, November 14, 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 Dale Shotkoski, City Attorney Meeting: November 14, 2006 Subject: Public Hearing on Acquisition of Right-of-Way along 3426 W Capital Avenue (Robert D. Hancock and Patricia J. Hancock) Item #’s: E-5 & G-9 Presenter(s): Steven P. Riehle, Public Works Director Dale Shotkoski, City Attorney Background Nebraska State Law requires a Public Hearing and Council approval for acquisition of property. Public Street Right-of-Way and Temporary Construction Easements are needed along the property at 3426 W Capital Avenue for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road. Discussion Council action is necessary for the City of Grand Island to acquire public Right-of-Way and easements. Temporary construction easements do not usually go before council for approval to acquire. However, if use of eminent domain is necessary to continue with the project, council approval to acquire Temporary Construction Easements is needed. Although our property acquisition firm, Midwest Right-of-Way Services, Inc, has negotiated successfully with many of the properties along Capital, there remain a few that we have not negotiated an agreement with. Midwest continues to work with the remaining property owners, but eminent domain may be needed to acquire the remaining parcels. Therefore, it is essential that the Council allow for the use of eminent domain in the event that we can not acquire all property needed to accomplish the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. 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 conduct a Public Hearing and approve acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. Sample Motion Motion to approve the acquisition of the Public Street Right-of-Way and the temporary construction easement, by eminent domain if necessary. Property NeededFrom Hancock3426 W Capital Ave Item E6 Public Hearing on Acquisition of Utility Easement along 3428 W Capital Avenue (Poland Oil, Inc. a.k.a. Sapp Bros) Tuesday, November 14, 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 Dale Shotkoski, City Attorney Meeting: November 14, 2006 Subject: Public Hearing on Acquisition of Utility Easement along 3428 W Capital Avenue (Poland Oil, Inc.) Item #’s: E-6 & G-10 Presenter(s): Steven P. Riehle, Public Works Director Dale Shotkoski, City Attorney Background Nebraska State Law requires a Public Hearing and Council approval for acquisition of property. A permanent easement and a temporary construction easement is needed along the property at 3428 Capital Avenue for the widening of Capital Avenue from Moores Creek Drainway to Webb Road. Discussion Council action is necessary for the City of Grand Island to acquire public Right-of-Way and easements. Temporary construction easements do not usually go before council for approval to acquire. However, if use of eminent domain is necessary to continue with the project, council approval to acquire Temporary Construction Easements is needed. Although our property acquisition firm, Midwest Right-of-Way Services, Inc, has negotiated successfully with many of the properties along Capital, there remain a few that we have not negotiated an agreement with. Midwest continues to work with the remaining property owners, but eminent domain may be needed to acquire the remaining parcels. Therefore, it is essential that the Council allow for the use of eminent domain in the event that we can not acquire all property needed to accomplish the project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the acquisition of the permanent easement and the temporary construction easement, by eminent domain if necessary. 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 conduct a Public Hearing and approve acquisition of the permanent easement and the temporary construction easement, by eminent domain if necessary. Sample Motion Motion to approve the acquisition of the permanent easement and the temporary construction easement, by eminent domain if necessary. Property NeededFrom Sapp Bros3428 W Capital AveSapp Bros. Item F1 #9087 - Consideration of Amendments to Chapter 22 of the Grand Island City Code Relative to Snow Emergency Routes Tuesday, November 14, 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: November 14, 2006 Subject: Consideration of Amendments to Chapter 22 of the Grand Island City Code Relative to Snow Emergency Routes Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background Section 22-113 of the City Code lists all of the designated snow emergency routes. The 2006/2007 snow plan is located on the Grand Island web site. Discussion Administration recommends the following changes to the designated snow emergency routes: Deletions from the snow emergency route - Darr Avenue between Faidley Avenue and 7th Street - Stoeger Drive between 7th Street and Baumann Drive - ** Both proposed deletions have been on the list but have not been plowed as Snow emergency routes since there was a Lutheran Hospital in that location. Additions to the snow emergency route - Mansfield Road between 13th Street and Manchester Road (due to the schools in the area) - Schimmer Drive between US Highway 281 and the east city limits - Wildwood Drive between the west city limits and the east city limits - Faidley Avenue between Redwood Road and North Road - Seedling Mile Access Road between Seedling Mile Road and U.S. HWY 30 - Swift Road from Stuhr Road to ¾ Mile east of Stuhr Road Modifications to the snow emergency routes - Cannon Road should read “between Mansfield Road and North Road” - Manchester Road should read “between Engleman Road and Mansfield Road” Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve an Ordinance making changes to Chapter 22 of the City Code regarding snow emergency routes. 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 designating snow emergency routes. Sample Motion Move to approve an ordinance designating snow emergency routes. Locust St SWebb Rd NState St W Sky Park RdCapital Ave W U S H ig h w ay 3 0 W 3 rd S t W Capital Ave E US Highway 281 SStuhr Rd SDiers Ave NStolley Park Rd W 4 th S t E 13th St W Blaine St SNorth Rd NCuster Ave NBroadwell Ave NHusker Hwy Eddy St NUS Highway 281 NA n n a S t W Old Potash Hwy W Webb Rd SK o e n ig S t W 4 th S t W Ol d H ig h w a y 3 0 W Sy c a mor e St NU S H ig h w a y 3 0 E Faidley Ave W College St Wh e el e r Av e NSt Paul Rd2 n d S t W North Rd SBismark Rd E Swift Rd E Li n c ol n Av e NOld Highway 2 W Independence AveVine St S1 s t S t W Adams St SSchimmer Dr W North Front St W Nebraska Highway 2 W Stolley Park Rd E Stagecoach Rd Fonner Park Rd ECherr y St SSeedling Mile Rd EMansfield Rd1 s t S t E Eddy St SManchester Rd Shady Bend Rd N1 7 th S t E 3 rd S t E Bl ai ne St NWildwood Dr W Neb Hwy. 2 US Highway 34 W Pl um St S13th St W Faidley Ave W 1 3 th S t W U S Hi g h wa y 3 0 W Sky Park RdUS Highway 281 SVine St SNorth Rd SUS Highway 281 NCity Of Grand Island Emergency Snow Routes ² Public Works Department Plot Date 10-25-2006 Ordinance # 9086 , Nov. 14, 2006 Street From To Adams Street Stolley Park Road Anna Street Anna Street Blaine Street Locust Street Bismarck Road Locust Street 400 Feet East of Stuhr Road (City Limits) Blaine Street U.S. Highway 34 Third Street Broadwell Avenue Anna Street ¼ Mile North of Roberts Street (City Limits) Cannon Road Mansfield Road North Road Capital Avenue Engleman Road ½ Mile East of Sky Park Road (City Limits) Cherry Street Bismark Road Sutherland Street College Street Webb Road Broadwell Avenue Custer Avenue Third Street Capital Avenue Diers Avenue Old Potash Highway Capital Avenue Eddy Street Anna Street State Street Eighteenth Street Burlington Northern Santa Fe Railroad St. Paul Road Faidley Avenue Redwood Road North Road Faidley Avenue 500 Feet West of Diers Avenue Broadwell Avenue Fonner Park Road 320 Feet West of Sylvan Street Stuhr Road Fourth Street Broadwell Avenue Sky Park Road Harrison Street Stolley Park Road Anna Street Howard Avenue Faidley Avenue Tenth Street Husker Highway U.S. Highway 30 ¼ Mile East of North Road Husker Highway Prairieview Street U.S. Highway 281 Independence Avenue Manchester Road Nebraska Highway 2 Koenig Street Blaine Street Plum Street Lafayette Avenue State Street Capital Avenue Locust Street Wood River Floodway (City Limits) First Street Manchester Road Engleman Road Mansfield Road Mansfield Road Thirteenth Street Manchester Road Nebraska Highway 2 1200 Feet West of Diers Avenue U.S. Highway 281 North Front Street Webb Road Broadwell Avenue North Road Husker Highway Stolley Park Road North Road Old Highway 30 ¾ Mile North of Old Potash Highway North Road Thirteenth Street Nebraska Highway 2 Old Lincoln Highway Custer Avenue Broadwell Avenue Old Nebraska Highway 2 U.S. Highway 281 Broadwell Avenue Old Potash Highway 540 Feet West of Arapahoe Avenue Custer Avenue Old U.S. Highway 30 West Intersection with U.S. Highway 30 East Intersection with U.S. Highway 30 Overpass Pine Street Court Street South Front Street Pioneer Blvd Blaine Street Stolley Park Road Pleasant View Drive Fonner Park Road Bismark Road Plum Street Sutherland Street Second Street Riverside Drive Stagecoach Road Stolley Park Road St. Paul Road Fourth Street Capital Avenue Schimmer Drive ½ Mile West of U.S. Highway 281 (City Limits) 230 Feet East of Scheel Road (City Limits) Second Street Webb Road Garfield Street Seedling Mile Access Road Seedling Mile Road U.S. Highway 30 Seedling Mile Road ¼ Mile West of Museum Drive ¼ Mile East of Shady Bend Road (City Limits) Seventeenth Street Walnut Street / State Street Intersection Burlington Northern Santa Fe Railroad Shady Bend Road 231 Feet South of Gregory Avenue (City Limits Union Pacific Railroad Right-of- Way (City Limits Shady Bend Road 1910 Feet North of Capital Avenue Airport Road Sky Park Road Fourth Street White Cloud Road South Front Street Walnut Street Vine Street Stagecoach Road Blaine Street Locust Street State Street North Road Seventeenth Street / Walnut Street Intersection Stolley Park Road 920 Feet West of Freedom Drive Stuhr Road Stuhr Road North Intersection with Stolley Park Road U.S. Highway 30 Sutherland Street Plum Street Cherry Street Swift Road Stuhr Road ¾ Mile East of Stuhr Road Sycamore Street Court Street Capital Avenue Tenth Street Broadwell Avenue St. Paul Road Third Street Blaine Street Vine Street Thirteenth Street 910 Feet West of Branding Iron Lane Wheeler Avenue U.S. Highway 30 Husker Highway Grant Street U.S. Highway 30 (Second Street) Grant Street Greenwich Street U.S. Highway 30 (eastbound) / Greenwich Street First Street Second Street U.S. Highway 30 (First Street / Second Street) Greenwich Street Plum Street U.S. Highway 30 Plum Street 270 Feet West of Shady Bend Road (City Limits) U.S. Highway 34 (Husker Highway) U.S. Highway 281 Wortman Drive U.S. Highway 34 (Husker Highway) Karen Road ¼ Mile East of Locust Street (City Limits) U.S. Highway 281 ¼ Mile South of Wildwood Drive Nebraska Highway 2 Walnut Street Locust Street / Charles Street Intersection Fourth Street Webb Road South Intersection with U.S. Highway 281 North Intersection with U.S. Highway 281 Wheeler Street Fourth Street Capital Avenue Wild Wood Road 380 Feet West of Elk Drive (City Limits) 610 Feet East of Gold Core Drive (City Limits) Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney ORDINANCE NO. 9087 An ordinance to amend Chapter 22 of the Grand Island City Code; to amend Section 22-113 pertaining to snow emergency routes; to repeal Section 22-113 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 22-113 of the Grand Island City Code is hereby amended to read as follows: §22-113. Snow Emergency Routes The city council may, by resolution, designate snow emergency routes within the city in accordance with Section 22-113 through 22-117 of the city code. Appropriate signs or other traffic control devices shall be installed indicating the existence of such snow emergency routes . A designation of any street, avenue, road or highway, or portion thereof, as a snow emergency route shall in no way affect designation of that street, avenue, road or highway for any other purpose. Street From To Adams Street Stolley Park Road Anna Street Anna Street Blaine Street Locust Street Bismarck Road Locust Street 400 Feet East of Stuhr Road (City Limits) Blaine Street U.S. Highway 34 Third Street Broadwell Avenue Anna Street ¼ Mile North of Roberts Street (City Limits) Cannon Road Mansfield Road North Road Capital Avenue Engleman Road ½ Mile East of Sky Park Road (City Limits) Cherry Street Bismark Road Sutherland Street College Street Webb Road Broadwell Avenue Custer Avenue Third Street Capital Avenue Diers Avenue Old Potash Highway Capital Avenue Eddy Street Anna Street State Street ORDINANCE NO. 9087 (Cont.) - 2 - Eighteenth Street Burlington Northern Santa Fe Railroad St. Paul Road Faidley Avenue Redwood Road North Road Faidley Avenue 500 Feet West of Diers Avenue Broadwell Avenue Fonner Park Road 320 Feet West of Sylvan Street Stuhr Road Fourth Street Broadwell Avenue Sky Park Road Harrison Street Stolley Park Road Anna Street Howard Avenue Faidley Avenue Tenth Street Husker Highway U.S. Highway 30 ¼ Mile East of North Road Husker Highway Prairieview Street U.S. Highway 281 Independence Avenue Manchester Road Nebraska Highway 2 Koenig Street Blaine Street Plum Street Lafayette Avenue State Street Capital Avenue Locust Street Wood River Floodway (City Limits) First Street Manchester Road Engleman Road Mansfield Road Mansfield Road Thirteenth Street Manchester Road Nebraska Highway 2 1200 Feet West of Diers Avenue U.S. Highway 281 North Front Street Webb Road Broadwell Avenue North Road Husker Highway Stolley Park Road North Road Old Highway 30 ¾ Mile North of Old Potash Highway North Road Thirteenth Street Nebraska Highway 2 Old Lincoln Highway Custer Avenue Broadwell Avenue Old Nebraska Highway 2 U.S. Highway 281 Broadwell Avenue Old Potash Highway 540 Feet West of Arapahoe Avenue Custer Avenue ORDINANCE NO. 9087 (Cont.) - 3 - Old U.S. Highway 30 West Intersection with U.S. Highway 30 East Intersection with U.S. Highway 30 Overpass Pine Street Court Street South Front Street Pioneer Blvd Blaine Street Stolley Park Road Pleasant View Drive Fonner Park Road Bismark Road Plum Street Sutherland Street Second Street Riverside Drive Stagecoach Road Stolley Park Road St. Paul Road Fourth Street Capital Avenue Schimmer Drive ½ Mile West of U.S. Highway 281 (City Limits) 230 Feet East of Scheel Road (City Limits) Second Street Webb Road Garfield Street Seedling Mile Access Road Seedling Mile Road U.S. Highway 30 Seedling Mile Road ¼ Mile West of Museum Drive ¼ Mile East of Shady Bend Road (City Limits) Seventeenth Street Walnut Street / State Street Intersection Burlington Northern Santa Fe Railroad Shady Bend Road 231 Feet South of Gregory Avenue (City Limits Union Pacific Railroad Right-of- Way (City Limits Shady Bend Road 1910 Feet North of Capital Avenue Airport Road Sky Park Road Fourth Street White Cloud Road South Front Street Walnut Street Vine Street Stagecoach Road Blaine Street Locust Street State Street North Road Seventeenth Street / Walnut Street Intersection Stolley Park Road 920 Feet West of Freedom Drive Stuhr Road Stuhr Road North Intersection with Stolley Park Road U.S. Highway 30 Sutherland Street Plum Street Cherry Street Swift Road Stuhr Road ¾ Mile East of Stuhr Road ORDINANCE NO. 9087 (Cont.) - 4 - Sycamore Street Court Street Capital Avenue Tenth Street Broadwell Avenue St. Paul Road Third Street Blaine Street Vine Street Thirteenth Street 910 Feet West of Branding Iron Lane Wheeler Avenue U.S. Highway 30 Husker Highway Grant Street U.S. Highway 30 (Second Street) Grant Street Greenwich Street U.S. Highway 30 (eastbound) / Greenwich Street First Street Second Street U.S. Highway 30 (First Street / Second Street) Greenwich Street Plum Street U.S. Highway 30 Plum Street 270 Feet West of Shady Bend Road (City Limits) U.S. Highway 34 (Husker Highway) U.S. Highway 281 Wortman Drive U.S. Highway 34 (Husker Highway) Karen Road ¼ Mile East of Locust Street (City Limits) U.S. Highway 281 ¼ Mile South of Wildwood Drive Nebraska Highway 2 Walnut Street Locust Street / Charles Street Intersection Fourth Street Webb Road South Intersection with U.S. Highway 281 North Intersection with U.S. Highway 281 Wheeler Street Fourth Street Capital Avenue Wild Wood Road 380 Feet West of Elk Drive (City Limits) 610 Feet East of Gold Core Drive (City Limits) SECTION 2. Section 22-113 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. ORDINANCE NO. 9087 (Cont.) - 5 - SECTION 4. 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: November 14, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9088 - Consideration of Vacating a 25’ Utility / Trail Easement along Lots Five (5) and Six (6) of Cedar Ridge Second Subdivision (GILD Investments, LLC) Tuesday, November 14, 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: November 14, 2006 Subject: Consideration of Vacating a 25’ Utility/Trail Easement along Lots Five (5) and Six (6) of Cedar Ridge Second Subdivision (GILD Investments, LLC) Item #’s: F-2 Presenter(s): Steven P. Riehle, Public Works Director Background Vacation of easements requires council action through passing of an ordinance. Discussion The developer reconfigured the lots as platted in Cedar Ridge 2nd Subdivision with the platting of Cedar Ridge 3rd Subdivision. The 25’ easement along Lots Five (5) and Six (6) of Cedar Ridge 2nd Subdivision has no utilities in it and is not needed for a trail; therefore, it can be vacated. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the ordinance vacating the Utility / Trail Easement. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the Ordinance for the vacation of the easement. Sample Motion Motion to approve the vacation of the Utility/Trail Easement. Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney ORDINANCE NO. 9088 An ordinance to vacate a portion of an existing twenty-five foot (25’) wide easement and 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 twenty-five foot (25’) wide easement on Lots Five (5) and Six (6) of Cedar Ridge Ridge Second Subdivision in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The South Fifteen (15) feet of Lot Five (5), Cedar Ridge Second Subdivision, except the East Thirty (30) feet thereof and a portion of Lot Six (6) Cedar Ridge Second Subdivision in the City of Grand Island, Hall County, Nebraska, as shown on Exhibit “A” attached hereto. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. * This Space Reserved for Register of Deeds * ORDINANCE NO. 9088 - 2 - 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. Enacted: November 14, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F3 #9089 - Consideration of Amended and Restated Participation Agreement for the Public Power Generation Agency Project Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: November 14, 2006 Subject: Approval of Ordinance Authorizing Amended and Restated Participation Agreement with Public Power Generating Agency Item #’s: F-3 Presenter(s): Dave Springer, Finance Director Gary R. Mader, Utilities Director Background On August 9, 2005 by Resolution 2005-224, Council approved an inter-local agreement, participation agreement and bylaws governing the City of Grand Island’s participation in the construction and operation of a new 220 MW coal fired power plant, Whelan Energy Center Unit 2, to be built adjacent to the existing Hastings plant. The governing agency, Public Power Generating Agency (PPGA), is a body made up of representatives from each of the project participants. Discussion In the course of preparing for a February 2007 bond issue, PPGA’s bond counsel, Hawkins, Delafield & Wood and their underwriters, Bear, Stearns & Co. have advised that certain changes to wording and connotations in the Participation Agreement would be seen in a more favorable light by the rating agencies who judge the credit worthiness of PPGA and it’s participants. This in turn, helps establish the interest rates on the bonds, and ultimately, the cost of the debt to PPGA. Some of the statements stressed are: · PPGA pledges it’s revenues as security for the indebtedness and no member has the right to mortgage or grant a security interest in it's share of the project. · The participants will set rates sufficient to meet all obligations. · That the participant’s obligation to make payment under the agreement is limited to electric system revenues. The revisions to the Participation Agreement with PPGA ha ve been reviewed by the City’s bond attorney at Baird Holm, and deemed satisfactory. Attached is a letter from Richard Petersen to that effect. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the revisions to the PPGA Participation Agreement. 2. Disapprove the revised agreement. 3. Refer the issue to a Committee 4. Take no action on the issue. Recommendation City Administration recommends that the Council authorize the Mayor to execute the revised Participation Agreement. Sample Motion Motion to approve the ordinance authorizing amended and restated Participation Agreement with Public Power Generation Agency. Approved as to Form ¤ ___________ November 9, 2006 ¤ City Attorney ORDINANCE NO. 9089 An ordinance to authorize and Amended and Restated Participation Agreement with Public Power Generation Agency; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, the City Council of the City of Grand Island (the “City”) heretofore approved a Participation Agreement with the Public Power Generation Agency relating to Whelan Energy Center Unit 2; and WHEREAS, it is necessary and desirable that the Participation Agreement be amended and restated; and WHEREAS, a form of an Amended and Restated Participation Agreement has been presented to the City Council. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The execution and delivery of an Amended and Restated Participation Agreement by the Mayor of the City of Grand Island is hereby authorized in substantially the form presented, with such changes as such signatory approves, execution and delivery to be conclusive evidence of such approval. SECTION 2. 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: November 14, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 24, 2006 City Council Regular Meeting Tuesday, November 14, 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 October 24, 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 October 24, 2006. Notice of the meeting was given in The Grand Island Independent on October 18, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Counc ilmember’s Meyer, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. Councilmember Whitesides was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and Interim City Attorney Dale Shotkoski. INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the following upcoming dates: · November 14, 2006 – Next City Council Meeting · November 7, 2006 – Election Day · November 11, 2006 – Veteran’s Day – requested everyone fly the American flag PRESENTATIONS AND PROCLAMATIONS: Recognition of Timothy Luchsinger, Assistant Utilities Director for 20 Years of Service with the City of Grand Island. The Mayor and City Council recognized Timothy Luchsinger, Assistant Utilities Director for 20 years of service with the City. Gary Mader, Utilities Director commented on Mr. Luchsinger’s dedication and work with the Utilities Department. Timothy Luchsinger was present for the presentation. PUBLIC HEARINGS: Public Hearing on Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application had been received from B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the recor d: application submitted to the Liquor Control Commission and received by the City on October 2, 2006; notice to the general public of date, time, and place of hearing published on October 14, 2006; notice to the applicant of date, time, and place of hearing mailed on October 2, 2006; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Lex Ann Roach, 609 South Cleburn Street questioned the intent of the Class “C” Liquor License, recommended a stipulation for all employees to take the server/seller training program, and encouraged the Council to look into this matter further. Fred Groenke, 2308 West Charles Street spoke in support of the application and stated sampling Page 2, City Council Regular Meeting, October 24, 2006 would be done by the distributors in a cordoned area in the store. No further public testimony was heard. Public Hearing Change of Zoning for a Tract of Land Proposed for Platting as Francis Second Subdivision Located East of Carleton Avenue and South of Curran Avenue from RO Residential Office to RD Residential Development. Chad Nabity, Regional Planning Director reported that the developer is proposing to build 16 buildings with two dwelling units in each building on this site for a total of 32 units. This would be an addition to Francis Subdivision approved in July of 2006. No public testimony was heard. Public Hearing on Change of Zoning for a Tract of Land Proposed for Platting as Cedar Ridge Third Subdivision Located West of Highway 281 and South of 13th Street from RD Residential Development to R4 High Density Residential. Chad Nabity, Regional Planning Director reported that this property is located west of Highway 281 and the Moore’s Creek Drainage project on the south side of 13th Street, south of Cedar Ridge Apartments. The proposed plan would result in one less apartment building and 12 additional single family or duplex lots. The development does not allow for the extension of a bridge across the Moore’s Creek drainway to the east as original planned. No public testimony was heard. Public Hearing on Acquisition of Hike/Bike Path Easement Located at 2421 Sothman Road (Herbert F. Mayer, Jr. Trust). Steve Paustian, Parks and Recreation Director reported that a request for the development of a hike/bike trail connection from the St. Joe branch of the Union Pacific trail to Sothman Drive had been made by Mrs. Toni Mayer. After negotiations, an easement to construct a trail connection was granted at no cost to the City by Mrs. Mayer. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way along the South Side of Rae Road between James Road and US Highway 34/281 Located at 3785 James Road. (Husker Retail Development, LLC) Steve Riehle, Public Works Director reported that the developer (Husker Retail Development) of the property in the southwest quadrant of Husker Highway and US Highway 281 intersection was dedicating the ROW along the south side of Rae Road for the extension of Rae Road west of US Highway 34/281. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way along the South Side of Rae Road between James Road and US Highway 34/281 Located at 3780 James Road. (Husker Retail Development, LLC) Steve Riehle, Public Works Director reported that the developer (Husker Retail Development) of the property in the southwest quadrant of Husker Highway and US Highway 281 intersection was dedicating the ROW along the south side of Rae Road for the extension of Rae Road west of US Highway 34/281. No public testimony was heard. Public Hearing on Acquisition of Right-of-Way along the South Side of Rae Road west of James Road and US Highway 34/281 Located at 3780 James Road. (Ponderosa Lake Estates Subdivision Homeowners Association, Inc.) Steve Riehle, Public Works Director reported that Ponderosa Lake Estates Subdivision Homeowners Association, Inc. was dedicating the ROW along the south side of Rae Road for the extension of Rae Road west of James Road. No public testimony was heard. ORDINANCES: #9078 – Consideration of Annexation of Property Located at 502 East Capital Avenue (Final Reading) Page 3, City Council Regular Meeting, October 24, 2006 Chad Nabity, Regional Planning Director reported the Public Hearing for this item was held on September 26, 2006 and the second reading was held on October 10, 2006, this was the final reading of three readings. Motion by Pielstick, second by Cornelius to approve Ordinance #9078 on final reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #9084 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Francis Second Subdivision Located East of Carleton Avenue and South of Curran Avenue from RO Residential Office to RD Residential Development #9085 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Cedar Ridge Third Subdivision Located West of Highway 281 and South of 13th Street from RD Residential Development to R4 High Density Residential be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Chad Nabity, Regional Planning Director reported that Ordinances #9084 and #9085 related to the aforementioned Public Hearing. #9084 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Francis Second Subdivision Located East of Carleton Avenue and South of Curran Avenue from RO Residential Office to RD Residential Development Motion by Cornelius , second by Gilbert to approve Ordinance #9084. Discussion was held concerning curb streets, parking, driveway’s versus public streets, and drainage. Mr. Nabity stated this would be a 24’ private street which would handle emergency vehicles. City Clerk: Ordinance #9084 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 Gilbert, Nickerson, Cornelius, Pauly, Horandy, Walker, and Haase voted aye. Councilmember’s Meyer and Pielstick voted no. Mayor Vavricek voted aye making a total of eight votes in favor. Motion adopted. City Clerk: Ordinance #9084 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 Gilbert, Nickerson, Cornelius, Pauly, Horandy, Walker, and Haase voted aye. Councilmember’s Meyer and Pielstick voted no. Mayor Vavricek voted aye making a total of eight votes in favor. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9084 is declared to be lawfully adopted upon publication as required by law. Page 4, City Council Regular Meeting, October 24, 2006 (It was noted after the meeting that approval of Ordinances per state statutes was by a majority vote or six votes.) #9085 – Consideration of Change of Zoning for a Tract of Land Proposed for Platting as Cedar Ridge Third Subdivision Located West of Highway 281 and South of 13th Street from RD Residential Development to R4 High Density Residential Motion by Gilbert, second by Cornelius to approve Ordinance #9085. City Clerk: Ordinance #9085 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 #9085 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 #9085 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Hornady, second by Cornelius to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 10, 2006 City Council Regular Meeting. Approving Appointments of Paul Briseno, Gregg Ahlers, Jeremy Collinson, Betty Curtis, Brad Driml, Craig Lewis, Kathy Mankin, Chad Nabity, Dennis Osterman, Dale Shotkoski, Jackie Pielstick, and Fred Hotz to the Problem Resolution Team (PRT) Board. It was noted that Fred Hotz name was inadvertently left off the memo but should be included in the appointments. Approving Preliminary Plat for Francis Second Subdivision. Approving Preliminary Plat for Cedar Ridge Third Subdivision. #2006-313 – Approving Final Plat and Subdivision Agreement for Francis Second Subdivision. It was noted that Raymond J. and Jennifer S. O’Connor, owners proposed to create 16 lots on a tract of land comprising all of Lot 7 and the North Half of Lot 8, Bosselman Second Subdivision consisting of approximately 1.291 acres. #2006-314 – Approving Final Plat and Subdivision Agreement for Cedar Ridge Third Subdivision. It was noted that Michael D. Roasch, owner proposed to create 15 lots on a tract of land comprising of Lot 3, Lot 4, Lot 5, Lot 6, and part of Outlot A, of Cedar Ridge Second Subdivision consisting of approximately 9.02 acres. #2006-315 – Approving Grant Funding in the Amount of $31,889 for Gang Resistance Education and Training (GREAT) Program. It was noted the city match was $3,189. #2006-316 – Approving Storm Water Management Plan Program Grant Application. Page 5, City Council Regular Meeting, October 24, 2006 #2006-317 – Approving Change Order No. 1 to the Contract with The Starostka Group Unlimited, Inc. for Construction of Sanitary Sewer District No. 519/521; Lots 9 through 21 of Westwood Park Second Subdivision for a decrease of $22,852.14 and a Revised Contract Amount of $147,546.12. #2006-318 – Approving Certificate of Final Completion with The Starostka Group Unlimited, Inc. of Grand Island, Nebraska and Scheduling Board of Equalization Date for Sanitary Sewer District 519; Lots 10 through 21 of Westwood Park Second Subdivision and Sanitary Sewer District 521; Lot 9 of Westwood Park Second Subdivision. #2006-319 – Approving Certificate of Final Completion with The Starostka Group Unlimited, Inc. of Grand Island, Nebraska for Sanitary Sewer Project No. 2005-S-14; Sewer Extension to Serve the Law Enforcement Center and the Hall County Correctional Facility. #2006-320 – Approving Acquisition of Right-of-Way along the South Side of Rae Road between James Road and US Highway 34/281 Located at 3785 James Road. (Husker Retail Development, LLC) #2006-321 – Approving Acquisition of Right-of-Way along the South Side of Rae Road West of US Highway 34/281 Located at 3780 James Road. (Husker Retail Development LLC) #2006-322 – Approving Acquisition of Right-of-Way along the South Side of Rae Road West of James Road Located at 3780 James Road. (Ponderosa Lake Estates Subdivision Homeowners Association, Inc.) #2006-323 – Approving Nebraska Children & Families Foundation Continuation Grant Application in the Amount of $25,000. #2006-324 – Approving Acquisition of Hike/Bike Path Easement Located at 2421 Sothman Road. (Herbert F. Mayer, Jr. Trust) #2006-325 – Approving Interlocal Agreement with Hall County for Emergency Management/Communications Center. RESOLUTIONS: #2006-326 – Approving Request of B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class “C” Liquor License and Liquor Manager Designation for Fred M. Groenke, 2308 West Charles Street. RaNae Edwards, City Clerk reported that this item related to the aforementioned Public Hearing. Also included was the request from Fred M. Groenke, 2308 West Charles Street for a liquor manager designation. Motion by Pielstick, second by Meyer to deny Resolution #2006-326. A lengthy discussion was held concerning no plan in place for the sampling of alcohol within the store. Mentioned were concerns of minors working in the area of alcohol being sampled. Fred Groenke, 2308 West Charles Street stated there were other grocery stores within the state and one in Grand Island that were allowed a Class “C” Liquor License for sampling purposes. He stated they were looking at sampling once a month. Page 6, City Council Regular Meeting, October 24, 2006 Discussion was held concerning referring this decision to the next council meeting. City Clerk RaNae Edwards stated the council had 45 days in which to make a decision. Procedural questions were answered also. Gary Greer, City Administrator stated that findings of facts were needed when denying a liquor license and that other grocery stores throughout the state were allowed a Class “C” Liquor License. Mr. Greer stated the Liquor Control Commission would probably approve the request. It was suggested that we defer the decision until the next council meeting to allow Super Saver time to come back with a plan. Councilmember Pielstick requested her motion be pulled and Councilmember Meyer agreed. Motion by Pielstick, second by Meyer to defer Resolution #2006-326 to the November 14, 2006 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius , second by Hronady to approve the Claims for the period of October 11, 2006 through October 24, 2006, for a total amount of $3,936,321.14. Motion adopted unanimously. Councilmember Hornady abstained from Claim #139411 and Councilmember Pielstick abstained from Claim #139927. SPECIAL ITEMS: Discussion Concerning Capital Avenue Widening Project Acquisition of Real Estate. Motion by Hornady, second by Gilbert to go into Executive Session at 8:00 p.m. for the discussion concerning Capital Avenue Widening Project Acquisition of Real Estate. Upon roll call vote, all voted aye. Motion adopted. Motion by Pielstick, second by Walker to return to Regular Session at 9:40 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:40 p.m. RaNae Edwards City Clerk Item G2 Approving Appointment of Tom Graves to the Grand Island Facilities Corporation Board The Mayor has submitted the re-appointment of Tom Graves to the Grand Island Facilities Corporation Board. This appointment would become effective December 1, 2006 upon approval by Council, and would expire on November 30, 2009. Approval is recommended. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G3 #2006-327 - Approving Final Plat and Subdivision Agreement for Sundance Subdivision Tuesday, November 14, 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: November 14, 2006 Subject: Sundance Subdivision – Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This final plat proposes to create 2 lots on a tract of land comprising all of the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section 12, Township 11 North, Range 9, West of the 6th P.M. Grand Island, Hall County, Nebraska. This land consists of approximately 14.720 acres. This property is zoned B2 General Business. City sewer and water are not available to the property. Access is available to both lots from U.S. Highway 30. Discussion The Final Plat for Sundance Subdivision was considered by the Regional Planning Commission at their meeting on November 1, 2006. A motion was made by Amick and seconded by Miller to approve the Final Plat as presented. A roll call vote was taken and the motion carried with 12 members present voting in favor (Miller, Amick, O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins, Ericksen, Brown, Niemann, Snodgrass). 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 final plat as presented Sample Motion Motion to approve as recommended. Sundance Subdivision Summary Developer/Owner Kathleen and Anthony Seitz 4155 E. Highway 30 Grand Island, NE 68801 (308) 382-4950 Two lots fronting onto Highway 30 Size: 14.72 Acres Zoning B2 General Business Road Access: Public Highway 30 Water Private: Private Well Sewer Private: Private Septic System Approved as to Form ¤ ___________ November 9, 2006 ¤ City Attorney R E S O L U T I O N 2006-327 WHEREAS, Anthony Seitz and Kathleen Seitz, husband and wife, as owners, have caused to be laid out into a lot, a tract of land comprising a part of all that part of the Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼) of Section Twelve (12), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., Hall County, Nebraska, lying south of the southerly right of way line of U.S. Highway No. 30, said tract containing 14.720 acres, more or less, under the name of SUNDANCE SUBDIVISION, and have caused a plat thereof to be acknowledged by them; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, the City of Grand Island approved the subdivision agreement to be filed with this subdivision; and WHEREAS, as the City Council waives the minimum lot size requirement in the large lot residential/zoning district to preserve and retain future street right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of SUNDANCE SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2006-328 - Approving Contract for Long Term Disability Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: November 14, 2006 Subject: Long Term Disability Insurance Item #’s: G-4 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island has provided long term disability insurance for its employees for several years. The City’s contract with Jefferson Pilot has been in place for seven years and will expire as of November 30, 2006. This benefit has been implemented to provide monthly income benefits to an employee who can no longer work due to an accident or illness. It provides a partial replacement of income while the employee is disabled. Discussion The Human Resources Department advertised a request for proposal to secure a contract with a company to provide long term disability insurance for the employees at the City. Analysis was done as to the current level of benefits and what is common in the marketplace today. The City’s current plan allows for income replacement of up to 60% of an employee’s monthly income with a maximum of $3,000 for employees who are compensated at an annual rate of $48,000 or more per year and 50% of an employee’s monthly income with a maximum of $2,000 per month for employees who are compensated at an annual rate of $48,000 or less per year. These rates were set in 1999. After consideration and evaluation of current salaries and marketplace trends, a decision to obtain coverage with higher limits to more accurately reflect the needs of the City’s employees was made. The City was able to negotiate a contract that will allow for a 60% income replacement with a limit of $6,000 for less than it paid for the current coverage with much lower limits. The company that is being brought forward for the Council’s consideration to provide the insurance benefit is The Standard Insurance Company. The Standard is rated with an A or higher by all three of the major rating companies (A.M. Best, Moody’s and Standard and Poor’s). This proposal was brought to us by a local company, Primark Inc. J.J. Green is the local agent who will service the account. The new contract with higher levels of coverage will actually represent a savings of 3.7% over the current price. This rate is guaranteed for three years. A copy of the contract is on file at the Clerk’s office. 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 contract with The Standard Insurance Company to provide long term disability insurance for City employees. Sample Motion Motion to approve the contract with The Standard Insurance Company of Portland, Oregon for long term disability insurance coverage. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR LONG TERM DISABILITY INSURANCE RFP DUE DATE: October 27, 2006 at 4:00 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: October 6, 2006 NO. POTENTIAL BIDDERS: 5 SUMMARY OF PROPOSALS RECEIVED Primark, Inc. Phares Financial Services MetLife Grand Island, NE North Platte, NE Overland Park, KS (Mutual of Omaha) (Fort Dearborn Life) (Primark) (The Standard) (ING Employee Benefits (Homes Murphy) (Fort Dearborn Life) (Mutual of Omaha) (Strong Financial Resources, Inc.) (Lincoln Financial/Jefferson Pilot) (Prudential) CBS Insurance Associates, Inc. Strong Financial Resources, Inc. Holmes Murphy & Associates Grand Island, NE Aurora, NE Omaha, NE (Mutual of Omaha) (Kansas City Life) (ING Employee Benefits) (Sun Life) cc: Brenda Sutherland, Human Resources Director Tami Herald, HR Specialist Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1118 Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-328 WHEREAS, the City subscribes to long term disability insurance for its employees as authorized by the City of Grand Island Personnel Rules and federal regulation; and WHEREAS, the City of Grand Island invited proposals for a long term disability plan, according to the City's Request for Proposal on file with the Human Resources Department; and WHEREAS, review and evaluation of the proposals were held; and WHEREAS, The Standard Insurance Company submitted a proposal for administration of the Long Term Disability Coverage in accordance with the terms of the advertisement for proposals and the plans and specifications and all other statutory requirements contained therein; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of The Standard Insurance Company for the administration of long term disability insurance as set out in the contract is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contracts for such long term disability insurance on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2006-329 - Approving Bid Award for Feedwater Heater Tube Bundle - Platte Generating Station Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Interim City Attorney Meeting: November 14, 2006 Subject: Feedwater Heater Tube Bundle Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background The Platte Generating Station utilizes five stages of boiler feedwater heaters in its steam cycle. These feedwater heaters are specialized heat exchangers that use steam from the main turbine-generator to preheat the boiler feedwater and improve the overall plant steam cycle efficiency. One of the feedwater heaters has internal leakage problems which makes control of its operation difficult and wall thinning of the feedwater heater tubes is occurring. The present heater tube bundle is the originally installed equipment. The tube bundle weighs approximately 18 tons and includes about 24,000 feet of tubing. The Utilities Department solicited bids and awarded engineering evaluation services to a consulting engineer, Sargent & Lundy, to evaluate corrective options. The options evaluated were re-tubing the heater, replacing the heater, or taking the heater permanently out of service. Based on equipment costs, efficiency evaluations, and field labor costs, the recommended option was to replace the feedwater heater tube bundle. This preferred option also included upgrading the original copper-nickel alloy tubes to stainless steel. The increased operating cost of permanently removing this feedwater heater from service is approximately $200,000 per year. Based on this analysis, replacement feedwater heater tube bundle specifications were prepared. The specifications were advertised, issued for bid, and publicly opened in accordance with City Procurement Procedures. Discussion The specifications for the Feedwater Heater Tube Bundle were issued for bid and responses were received from the following bidders. The engineer’s estimate for this project was $225,000.00. Bidder Bid Price American Exchanger Services, Inc., Hartford, WI $298,500.00 Thermal Engineering International, Santa Fe Springs, CA $445,400.00 Yuba Heat Transfer LLC, Tulsa, OK $313,214.00 Only one bid, from American Exchanger Services, Inc., complied with the equipment delivery date specified, August 31, 2007. The two other bids proposed deliveries of November, 2007. The replacement of this equipment is planned for the scheduled Platte Generating Station maintenance and inspection outage in October, 2007. The bid specifications requested optional pricing for the replacement feedwater heater shell; in addition to the replacement feedwater heater tube bundle. This option was requested in order to simplify outage construction activities and to protect and preserve the equipment during shipping and storage prior to installation. The cost for this option is $11,615.00, for a total cost of $310,115.00. The bid submitted by American Exchanger Services, Inc., exceeds the engineer’s estimate by a considerable amount. This is due to several factors further discussed below. 1. Material costs have risen considerably in recent months. This is further reflected in the pricing terms proposed by American Exchanger Services, In., which includes adjustment of the price based on stainless steel tubing surcharge values. The power industry has encountered increases in stainless steel materials in excess of 30% in the last three to six months. Increases in demand have further increased manufacturing labor costs. 2. Demand for power plant equipment has risen considerably in 2006. This has a two-fold affect, one on price and the other on shop load. American Exchanger Services, Inc., has indicated that new feedwater heater orders are being quoted with lead times of 14-16 months. Their offer on this feedwater heater is shorter, and is likely one of the last orders they will take at less than 14-16 months. The other two bids are more representative of the new lead time. American Exchanger Services, Inc., has also indicated that they have some overtime costs included in their price due to the increasing shop load; and indicated that these overtime costs would become typical of new orders. 3. American Exchanger Services, Inc. has indicated that due to the requested equipment delivery date, their tubing supplier choices were limited. They advised that this impact their bid by approximately $10,000-$15.000. It is the Department’s opinion that this cost could not be recouped by re-bidding the equipment with a later delivery date. 4. This feedwater heater is a 30 year old design (vertical, channel up) and not typical of new orders (horizontal). This drives up cost since the design for this one heater uses engineering resources that could otherwise be used on an increasing volume of more typical horizontal heaters, and typically for orders of more than one heater. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the award of the Feedwater Heater Tube Bundle 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the bid for Feedwater Heater Tube Bundle to American Exchanger Services, Inc., from Hartford, Wisconsin as the low responsive bidder, with the bid price of $298,500.00, plus acceptance of the option of providing a replacement feedwater heater shell for $11,615.00 Sample Motion Motion to award the bid for Feedwater Heater Tube Bundle, with new heater shell, in the amount of $310,115.00 to American Exchanger Services, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 24, 2006 at 11:00 a.m. FOR: Feedwater Heater Tube Bundle DEPARTMENT: Utilities ESTIMATE: $225,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 27, 2006 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: American Exchanger Services, Inc. Thermal Engineering International Hartford, WI Santa Fe Springs, CA Bid Security: $16,000.00 Westchester Fire Insurance Co. Exceptions: Noted Noted Bid Price: $298,500.00 $445,400.00 Bidder: Yuba Heat Transfer LLC Tulsa, OK Bid Security: Westchester Fire Insurance Co. Exceptions: Noted Bid Price: $313,214.00 cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director Karen Nagel, Utilities Secretary Pat Gericke, Utilities Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1117 Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-329 WHEREAS, the City of Grand Island invited sealed bids for a Feedwater Heater Tube Bundle for the Utilities Department, according to specifications on file with the Utilities Department; and WHEREAS, on October 24, 2006, three bids were received, opened and reviewed; and WHEREAS, the bid from American Exchanger Services, Inc., from Hartford, Wisconsin, was the lowest bid received, and the only bid submitted to comply with the specified delivery date of August 31, 2007, and such bid was 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 $310,115.00; and WHEREAS, such bid exceeds the estimate for such Feedwater Heater Tube Bundle, however, due to increasing material costs and increasing demand for power plant equipment since the engineer’s estimate was prepared, the bid of American Exchanger Services, Inc., is fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of American Exchanger Services, Inc. of Hartford, Wisconsin, in the amount of $310,115.00 for a Feedwater Heater Tube Bundle is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2006-330 - Approving Agreement with CH2M Hill for Engineering Consulting Services for Composting System Improvements at the Waste Water Treatment Plant Tuesday, November 14, 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: November 14, 2006 Subject: Approving Agreement with CH2M Hill for Engineering Consulting Services for Composting System Improvements; Waste Water Division Item #’s: G-6 Presenter(s): Steven P. Riehle, Public Works Director Background The Facility Plan Update was presented to the Grand Island City Council on August 29, 2006 by the engineering firm CH2M Hill of Englewood, Colorado. The City of Grand Island Administration was directed to proceed forward with proposals for engineering for a scaled composting facility. The request for proposals was advertised in the Grand Island Independent on September 27, 2006 and sent to five (5) consulting engineering firms. One (1) proposal was received on October 12, 2006 from CH2M Hill of Englewood Colorado. Discussion The proposal was reviewed by Public Works Staff. An agreement of understanding has been negotiated with CH2M Hill of Englewood, Colorado. The agreement with CH2M Hill shall be for final design services, bidding services, programming and services during construction. The work will be performed at actual costs with a maximum of $399,200. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve a resolution authorizing the Mayor to execute the agreement. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve a Resolution allowing the Mayor to sign the agreement for actual costs with a maximum amount of $399,200. Sample Motion Motion to approve the agreement with CH2M Hill of Englewood, Colorado to perform consulting engineering services for composting system improvements. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR COMPOSTING SYSTEM IMPROVEMENTS RFP DUE DATE: October 12, 2006 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: September 27, 2006 NO. POTENTIAL BIDDERS: 5 SUMMARY OF PROPOSALS RECEIVED CH2M Hill Englewood, CO cc: Steve Riehle, Public Works Director Bud Buettner, Assist. PW Director Danelle Collins, Admin. Assist PW Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Sherry Peters, Legal Secretary P1116 Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-330 WHEREAS, on August 29, 2006, the Waste Water Treatment Plant (WWTP) Facility Plan Update presentation was conducted to Council; and WHEREAS, on August 29, 2006, the City of Grand Island Administration directed to proceed with proposals for consulting engineering services for a scaled composting facility at the WWTP; and WHEREAS, on September 27, 2006, an invitation for request for proposals was advertised in the Grand Island Independent as on file with the Public Works Department; and WHEREAS, on October 12, 2006, proposals were received and one engineering firm, CH2M Hill of Englewood, Colorado, responded to the request for proposals; and WHEREAS, a maximum cost and an agreement of understanding has been negotiated with CH2M Hill of Englewood, Colorado for final design services, bidding services, programming and services during construction; and WHEREAS, work will be performed at actual costs with a maximum budgetary amount for all services of $399,200.00; and WHEREAS, such contract is reasonable and acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to sign the agreement for final design services, bidding services, programming and services during construction for Composting System Improvements with the engineering firm of CH2M Hill of Englewood, Colorado at the Grand Island Waste Water Treatment Plant of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-331 - Approving Acquisition of Sidewalk Easement at 720 W Stolley Park Road (John and Colleen Street) Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: StevenRiehle City of Grand Island City Council Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-331 WHEREAS, the City Council of the City of Grand Island has encouraged public sidewalks in all areas of the community to facilitate safe pedestrian traffic; and WHEREAS, after discussions with the property owner located at 720 West Stolley Park Road, it was agreed that John and Colleen Street would grant the city a sidewalk easement just outside the right-of-way along Adams Street to allow for the installation of a sidewalk for public use; and WHEREAS, a public hearing was held on November 14, 2006, for the purpose of discussing the proposed acquisition of a sidewalk easement consisting of the West Five Feet (5’) of Lot One (1), in Jack Bailey Subdivision in the City of Grand Island, Hall County, Nebraska, except a tract of land deeded to the City of Grand Island, recorded as Document No. 78-000994 in the Office of the Register of Deeds. 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 sidewalk easement from John and Colleen Street, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2006-332 - Approving Acquisition of Right-of-Way along the South Side of Capital Avenue (2490 Carlton Avenue, 2449 Carlton Avenue, and 2485 N Diers Avenue, John R. Menard) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: StevenP. Riehle, Public Works Director City of Grand Island City Council Approv ed as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-332 WHEREAS, a Public Street Right-of-Way and temporary construction easements are required by the City of Grand Island from John R. Menard, along the property at 2490 Carleton Avenue, 2449 Carleton Avenue, and 2485 North Diers Avenue for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road; and WHEREAS, a public hearing was held on November 14, 2006, for the purpose of discussing the proposed acquisition of Public Street Right-of-Way and temporary construction easements along a tract of land consisting of Lots Two (2), Three (3), and Six (6) in Menards Second Subdivision in the City of Grand Island , Hall County, Nebraska. WHEREAS, although city officials continue to negotiate with the affected property owner for the acquisition of such property for Public Street Right-of-Way and temporary construction easements, negotiations have not been successful; and WHEREAS, it is recommended that the City Attorney be authorized to commence condemnation proceedings on behalf of the City of Grand Island for acquisition of Public Street Right- of-Way and temporary construction easements as described in Exhibit “A” for this project if such acquisition cannot be successfully negotiated; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island be, and hereby is, authorized to acquire Public Street Right-of- Way and temporary construction easements as described in Exhibit “A” attached hereto from John R. Menard. 2. If successful negotiations for the acquisition of property are not possible, the City Attorney is hereby authorized and directed to commence condemnation proceedings on behalf of the City of Grand Island to acquire such property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Exhibit “A” Acquisition of Property along the South Side of Capital Avenue 2490 Carleton Avenue, 2449 Carleton Avenue and 2485 N Diers Avenue (John R. Menard) TRACT 16 RIGHT-OF-WAY A TRACT OF LAND CONSISTING OF PART OF LOT 2, MENARD SECOND SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW1/4,NE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89°00'53"E ALONG THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 229.36 FEET TO A NORTHEASTERLY CORNER OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE SOUTH R.O.W. LINE OF CAPITAL AVENUE AND THE WEST R.O.W. LINE OF CARLETON AVENUE; THENCE S41°18'54"E ALONG THE NORTHEAST LINE OF SAID LOT 2 A DISTANCE OF 28.11 FEET TO A NORTHEASTERLY CORNER OF SAID LOT 2; THENCE N64°57'47"W A DISTANCE OF 36.36 FEET; THENCE N89°01'29"W A DISTANCE OF 122.48 FEET; THENCE N85°18'49"W A DISTANCE OF 92.78 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1257.11 SQUARE FEET OR 0.029 ACRES MORE OR LESS. TRACT 16 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOT 2 OF MENARD SECOND SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW1/4, NE1/4) OF SECTION 12, T11N, R10W OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF N00°15'16"E ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 204.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°15'16"E ALONG SAID WEST LINE A DISTANCE OF 21.01 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE S85°18'49"E A DISTANCE OF 92.78 FEET; THENCE S89°01'29"E A DISTANCE OF 122.48 FEET; THENCE S64°57'47"E A DISTANCE OF 36.36 FEET TO A POINT ON THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF CARLETON AVENUE; THENCE S00°15'07"W ALONG SAID WEST R.O.W. LINE A DISTANCE OF 0.17 FEET; THENCE N89°01'29"W A DISTANCE OF 248.01 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3753.16 SQUARE FEET OR 0.086 ACRES MORE LESS. TRACT 17 RIGHT-OF-WAY A TRACT OF LAND CONSISTING OF PART OF LOT 3, MENARD SECOND SUBDIVISION LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW1/4, NE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHEASTERLY CORNER OF LOT 6 OF SAID MENARD SECOND SUBDIVISION, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE ON AN ASSUMED BEARING OF N89°00'53"W ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 637.47 FEET TO THE NORTHEAST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S00°19'09"W ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE OF 10.05 FEET; THENCE N86°03'59"W A DISTANCE OF 56.05 FEET; THENCE N88°21'33"W A DISTANCE OF 38.71 FEET; THENCE S72°23'29"W A DISTANCE OF 29.29 FEET; THENCE S20°07'11"W A DISTANCE OF 23.22 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3, SAID LINE ALSO BEING THE EAST R.O.W. LINE OF CARLETON AVENUE; THENCE NOO°15'20"E ALONG THE WEST LINE OF SAID LOT 3 A DISTANCE OF 16.21 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 3; THENCE N42°39'21"E ALONG THE NORTHWEST LINE OF SAID LOT 3 A DISTANCE OF 29.17 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 3, SAID CORNER ALSO BEING THE POINT OF INTERSECTION OF THE EAST R.O.W. LINE OF CARLETON AVENUE AND THE SOUTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S89°00'53"E ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF 110.75 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1066.63 SQUARE FEET OR 0.024 ACRES MORE OR LESS. TRACT 17 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOT 3 OF MENARD SECOND SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3, THENCE ON AN ASSUMED BEARING OF S00°19'09"W ALONG THE EAST LINE OF SAID LOT 3 A DISTANCE OF 10.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S00°19'09"W ALONG SAID EAST LINE A DISTANCE OF 12.76 FEET; THENCE N88°21'33"W A DISTANCE OF 92.47 FEET; THENCE S72°23'29"W A DISTANCE OF 26.74 FEET; THENCE S59°03'23"W A DISTANCE OF 14.61 FEET TO A POINT ON THE WEST LINE OF SAID LOT 3; THENCE N20°07'11"E A DISTANCE OF 23.22 FEET; THENCE N72°23'29"E A DISTANCE OF 29.29 FEET; THENCE S88°21'33"E A DISTANCE OF 38.71 FEET; THENCE S86°03'59"E A DISTANCE OF 56.05 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 1867.52 SQUARE FEET OR 0.043 ACRES MORE OR LESS. TRACT 19 RIGHT-OF-WAY A TRACT OF LAND CONSISTING OF PART OF LOT 6, MENARD SECOND SUBDIVISION, LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER (NW1/4, NE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 6, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF DIERS AVENUE AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°20'26"E ALONG THE WEST LINE OF SAID LOT 6 A DISTANCE OF 227.10 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 6; THENCE N38°52'23"E ALONG THE NORTHWEST LINE OF SAID LOT 6 A DISTANCE OF 27.85 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 6, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE EAST R.O.W. LINE OF DIERS AVENUE AND THE SOUTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S89°00'53"E ALONG THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 190.09 FEET TO A NORTHEASTERLY CORNER OF SAID LOT 6; THENCE S39°09'42"E ALONG THE NORTHEAST LINE OF SAID LOT 6 A DISTANCE OF 48.99 FEET; THENCE N89°03'22"W A DISTANCE OF 211.60 FEET; THENCE S46°42'02"W A DISTANCE OF 23.49 FEET; THENCE S00°20'26"W A DISTANCE OF 195.05 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE N89°10'32"W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 10434.79 SQUARE FEET OR 0.240 ACRES MORE OR LESS. TRACT 19 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOT 6 OF MENARD SECOND SUBDIVISION, LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SW1/4, SE1/4) OF SECTION 12, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SOUTHWEST CORNER OF SAID LOT 6; THENCE ON AN ASSUMED BEARING OF S89°11'04"E ALONG THE SOUTH LINE OF SAID LOT 6 A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE N00°20'26"E A DISTANCE OF 195.05 FEET; THENCE N46°42'02"E A DISTANCE OF 23.49 FEET; THENCE S89°03'22"E A DISTANCE OF 211.60 FEET TO A POINT ON THE NORTHEAST LINE OF SAID LOT 6; THENCE S39°09'42"E ALONG SAID NORTHEAST LINE A DISTANCE OF 19.61 FEET; THENCE N89°03'22"W A DISTANCE OF 231.08 FEET; THENCE S00°20'26"W A DISTANCE OF 196.41 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 6; THENCE N89°11'04"W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 5347.50 SQUARE FEET OR 0.123 ACRES MORE OR LESS. Item G9 #2006-333 - Approving Acquisition of Right-of-Way along 3426 W Capital Avenue (Robert D. Hancock and Patricia J. Hancock) This item relates to the aforementioned Public Hearing Item E-5. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-333 WHEREAS, a Public Street Right-of-Way and temporary construction easements are required by the City of Grand Island from Robert D. Hancock and Patricia J. Hancock, husband and wife, along the property at 3426 West Capital Avenue for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road; and WHEREAS, a public hearing was held on November 14, 2006, for the purpose of discussing the proposed acquisition of Public Street Right-of-Way and temporary construction easements along a tract of land consisting of Lots One (1), Two (2), Three (3) and Four (4) in Bels Second Subdivision in the City of Grand Island, Hall County, Nebraska WHEREAS, although city officials continue to negotiate with the affected property owners for the acquisition of such property for Public Street Right-of-Way and temporary construction easements, negotiations have not been successful; and WHEREAS, it is recommended that the City Attorney be authorized to commence condemnation proceedings on behalf of the City of Grand Island for acquisition of Public Street Right- of-Way and temporary construction easements as described in Exhibit “A” for this project if such acquisition cannot be successfully negotiated; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island be, and hereby is, authorized to acquire Public Street Right-of- Way and temporary construction easements as described in Exhibit “A” attached hereto from Robert D. Hancock and Patricia J. Hancock. 2. If successful negotiations for the acquisition of property are not possible, the City Attorney is hereby authorized and directed to commence condemnation proceedings on behalf of the City of Grand Island to acquire such property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Exhibit “A” Acquisition of Property along the North Side of Capital Avenue 3426 W Capital Avenue (Robert D. Hancock and Patricia J. Hancock) TRACT 6 RIGHT-OF-WAY A TRACT OF LAND CONSISTING OF PART OF LOT 1, BELS SUBDIVISION, LOCATED IN THE SOUTHEAS T QUARTER OF THE SOUTHEAST QUARTER (SE1/4,SE1/4) OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1, BELS SUBDIVISION, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTH RIGHT- OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE AND THE EAST R.O.W. LINE OF ST. PATRICK AVENUE AND THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF N00°20'53"E ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 10.00 FEET; THENCE S44°19'51"E A DISTANCE OF 14.22 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1, SAID LINE ALSO BEING THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE N89°00'34"W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 50.00 SQUARE FEET OR 0.001 ACRES MORE OR LESS. TRACT 6 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOTS 1, 2 AND 3 OF BELS SECOND SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4, SE1/4) OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF N00°20'53"E ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°20'53"E ALONG SAID EAST LINE A DISTANCE OF 98.26 FEET; THENCE S89°00'34"E A DISTANCE OF 10.00 FEET; THENCE S00°20'53"W A DISTANCE OF 93.26 FEET; THENCE S89°00'34"E A DISTANCE OF 138.86 FEET TO A POINT ON THE EAST LINE OF SAID LOT 3; THENCE S00°22'46"W ALONG SAID EAST LINE A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE N89°00'34"W ALONG THE SOUTH LINE OF SAID LOTS 1, 2 AND 3 A DISTANCE OF 138.86 FEET; THENCE N44°19'51"W A DISTANCE OF 14.22 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 3115.51 SQUARE FEET OR 0.072 ACRES MORE OR LESS. TRACT 7 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOT 4 OF BELS SECOND SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4, SE1/4) OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 15.00 FEET OF SAID LOT 4. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 749.42 SQUARE FEET OR 0.017 ACRES MORE OR LESS. Item G10 #2006-334 - Approving Acquisition of Utility Easement along 3428 W Capital Avenue (Poland Oil, Inc.) This item relates to the aforementioned Public Hearing Item E-6. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-334 WHEREAS, a permanent utility and sidewalk easement as well as a temporary construction easement is required by the City of Grand Island from Poland Oil, Inc., along the property at 3428 West Capital Avenue for the widening of Capital Avenue from the Moores Creek Drainway to Webb Road; and WHEREAS, a public hearing was held on November 14, 2006, for the purpose of discussing the proposed acquisition of a permanent utility and sidewalk easement as well as a temporary construction easement along a tract of land consisting of Lot One (1), Block One (1), Dickey Subdivision, in the City of Grand Island, Hall County, Nebraska WHEREAS, although city officials continue to negotiate with the affected property owners for the acquisition of such property for a permanent utility and sidewalk easement as well as a temporary construction easement, negotiations have not been successful; and WHEREAS, it is recommended that the City Attorney be authorized to commence condemnation proceedings on behalf of the City of Grand Island for acquisition of a permanent utility and sidewalk easement as well as a temporary construction easement as described in Exhibit “A” for this project if such acquisition cannot be successfully negotiated; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island be, and hereby is, authorized to acquire a permanent utility and sidewalk easement as well as a temporary construction easement as described in Exhibit “A” attached hereto from Poland Oil, Inc. 2. If successful negotiations for the acquisition of property are not possible, the City Attorney is hereby authorized and directed to commence condemnation proceedings on behalf of the City of Grand Island to acquire such property. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Exhibit “A” Acquisition of Property along the North Side of Capital Avenue 3428 W Capital Avenue (Poland Oil, Inc. / a.k.a. Sapp Bros) TRACT 5 PERMANENT EASEMENT A PUBLIC UTILITY AND SIDEWALK EASEMENT CONSISTING OF PART OF LOT 1, BLOCK 1 OF DICKEY SUBDIVISION LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4, SE1/4) OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 2, BLOCK 1 OF SAID DICKEY SUBDIVISION, SAID POINT BEING ON THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF U.S. HIGHWAY #281; THENCE ON AN ASSUMED BEARING OF S00°29'32"W ALONG THE WEST LINE OF SAID LOTS 1 AND 2 A DISTANCE OF 471.69 FEET TO THE POINT OF BEGINNING; THENCE S88°33'03"E A DISTANCE OF 176.69 FEET; THENCE N66°24'30"E A DISTANCE OF 9.84 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; SAID LINE ALSO BEING THE WEST R.O.W. LINE OF ST. PATRICK AVENUE; THENCE S00°16'58"W ALONG SAID EAST LIN E OF LOT 1 A DISTANCE OF 17.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2, SAID CORNER ALSO BEING THE POINT OF INTERSECTION OF THE WEST R.O.W. LINE OF ST. PATRICK AVENUE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE N89°00'48"W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 185.72 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID CORNER ALSO BEING THE POINT OF INTERSECTION OF THE NORTH R.O.W. LINE OF CAPITAL AVENUE AND THE EAST R.O.W. LINE OF U.S. HIGHWAY #281; THENCE N00°29'32"E ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 14.33 FEET TO THE POINT OF BEGINNING. SAID PUBLIC UTILITY AND WALK EASEMENT CONTAINS 2541.15 SQUARE FEET OR 0.058 ACRES MORE OR LESS. TRACT 5 TEMPORARY EASEMENT A TEMPORARY CONSTRUCTION EASEMENT CONSISTING OF PART OF LOT 1, BLOCK 1 OF DICKEY SUBDIVISION, LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE1/4, SE1/4) OF SECTION 1, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF N00°29'32"E ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 14.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N00°29'32"E ALONG SAID WEST LINE A DISTANCE OF 10.00 FEET; THENCE S88°33'03"E A DISTANCE OF 149.65 FEET; THENCE N00°16'58"E A DISTANCE OF 35.38 FEET; THENCE S89°00'48"E A DISTANCE OF 21.50 FEET; THENCE N00°16'58"E A DISTANCE OF 101.36 FEET; THENCE S89°43'02"E A DISTANCE OF 14.50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE S00°16'58"W ALONG SAID EAST LINE A DISTANCE OF 143.04 FEET; THENCE S66°24'30"W A DISTANCE OF 9.84 FEET; THENCE N88°33'03"W A DISTANCE OF 176.69 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY CONSTRUCTION EASEMENT CONTAINS 4587.82 SQUARE FEET OR 0.105 ACRES MORE OR LESS. Item G11 #2006-335 - Approving Service Maintenance Agreement with Audiovisual, Inc. for GITV Operations Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Council Agenda Memo From: Wendy Meyer-Jerke, Public Information Officer Meeting: November 14, 2006 Subject: GITV Maintenance Agreement with AVI Item #’s: G-11 Presenter(s): Wendy Meyer-Jerke, Public Information Officer Background GITV - Channels 6 and 56 continue to move forward with the vision and goal of an all digital, broadcast quality studio and equipment within the next two years that will provide the citizens of Grand Island with a broadcast quality television station. GITV focuses on governmental, educational and community related segments to keep the residents informed of the latest happenings within our community. Approximately ten to twelve different segments run daily. In the past few years, GITV has seen multiple upgrades to meet technology changes. It is important to remember that GITV only has one full-time employee and one part-time employee so when issues arise regarding equipment problems our internal resources are limited. Due to the amount of dollars being put in the GITV station upgrade and the limited technological talents that are within the GITV staff a service maintenance agreement is a necessity. Discussion The proposed service maintenance agreement would be a yearly agreement in an amount of $3,947.00 that would be provided by Audiovisual, Inc. (AVI) out of Omaha, Nebraska. AVI is the company where the majority of the GITV studio equipment has been purchased from. The contract will include two service checks throughout the year on the GITV studio equipment for preventive maintenance including routine cleaning, adjustments, and repairs. In addition, on demand service throughout the year would be provided by AVI with phone support guaranteed within two hours and on-site support within 24 hours. The agreement also covers labor to perform on-site correction of problems, perform repairs, adjustments to restore system operation and coverage of minor parts. Travel costs are also covered with this service maintenance agreement. Another great thing about this agreement is that it allows for a 10% discount on service parts, add-on parts to our current equipment and software upgrades. AVI will also take care of the time and cost of mailing in equip ment that need to be repaired. The public information division of the city believes this agreement is essential at this time. Since dollars are being spent on getting broadcast quality equipment, dollars need to be spent to maintain it and to ensure that the studio is running the best it absolutely can. It is important to have the capability of calling up an engineer who is an expert regarding our equipment and knowing that he/she will be able to help fix the problem over the phone or will be down the next day on location to take appropriate action necessary so GITV can be up and running. A small studio like GITV, and one that is located several hours away from most service technicians, often gets put to the bottom of the waiting list when it comes to maintenance calls. By council approving this agreement this would no longer be a concern for GITV. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer this to a Committee 3. Postpone the issue to a future date 4. Take no action on this issue Recommendation City Administration recommends that the Council approve the service maintenance agreement with AVI, Inc. regarding GITV--Channels 6 and 56. Sample Motion Motion to approve the service maintenance agreement with AVI, Inc. of Omaha, Nebraska in an amount of $3,947.00. Approved as to Form ¤ ___________ November 9, 2006 ¤ City Attorney R E S O L U T I O N 2006-335 WHEREAS, GITV has served Hall County and the Grand Island area with governmental- educational programming since 1993; and WHEREAS, within the next two years, GITV will provide the citizens of Grand Island with an all digital, broadcast quality studio and equipment; and WHEREAS, due to upgrades of GITV, a service agreement for audio/visual equipment is necessary; and WHEREAS; GITV has negotiated with Audiovisual, Inc. (AVI) of Omaha, Nebraska, to provide GITV with an annual service maintenance agreement n the amount of $3,947.00; and WHEREAS, it is in the best interest of the City of Grand Island to approve The Service Maintenance Agreement, to be effective November 1, 2006. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Service Maintenance Agreement between Audiovisual, Inc., for the operation of GITV for the term November 1, 2006 through October 31, 2007, in the amount of $3,947.00 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, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2006-336 - Approving the Grand Island Area Habitat for Humanity Environmental Review for Release of Funds Tuesday, November 14, 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 Administrator Meeting: November 14, 2006 Subject: Habitat for Humanity Environmental Review Item #’s: G-12 Presenter(s): Marsha Kaslon, Community Development Administrator Background The Grand Island Area Habitat for Humanity began in 1992. They have completed 38 homes since their inception and build 4 homes a year, with two currently under construction. Families interested in Habitat for Humanity must income qualify and must have the ability to pay a zero percent interest mortgage based on the cost build of the home. The family must improve their housing situation and are required to commit to 500 hours of sweat equity and attend mandatory homeownership classes. The Habitat for Humanity Selection Committee examines the prospective homeowner's income information, references, landlord and employer information, personal references, and credit checks, to insure the applicants chosen best fit the program's intentions. Discussion The Grand Island Area Habitat for Humanity has recently applied for U.S. Department of Housing and Urban Development (HUD) funds to build two more houses this year. The future houses are located at 1112 North Cherry Street and 823 East 5th Street. As a requirement to secure these funds, the Grand Island Area Habitat for Humanity must complete an Environmental Review through the local government. The City of Grand Island has continually provided support for this program since 1992 by ensuring the Environmental Review was done properly and allowing the acting mayor to sign as the Chief Elected Official as required by HUD. The Grand Island Area Habitat for Humanity is currently requesting the City of Grand Island to sign the Environmental Review for the remaining two houses to be built. The City of Grand Island would certify to the U.S. Department of Housing and Urban Development (HUD) and consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. HUD’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows the Grand Island Area Habitat for Humanity to use HUD program funds. 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 Grand Island Area Habitat for Humanity Environmental Review for Release of Funds. Sample Motion Motion to allow the City of Grand Island to sign the Environmental Review as required by the U.S. Department of Housing and Urban Development to secure the Release of Funds for the Grand Island Area Habitat for Humanity. form HUD-7015.15 (1/99)Previous editions are obsolete Request for Release of Funds and Certification Part 1. Program Description and Request for Release of Funds (to be completed by Responsible Entity) 1. Program Title(s) 2. HUD/State Identification Number 3. Recipient Identification Number (optional) 4. OMB Catalog Number(s) 5. Name and address of responsible entity 6. For information about this request, contact (name & phone number) 7. Name and address of recipient (if different than responsible entity) 8. HUD or State Agency and office unit to receive request The recipient(s) of assistance under the program(s) listed above requests the release of funds and removal of environmental grant conditions governing the use of the assistance for the following 9. Program Activity(ies)/Project Name(s) 10. Location (Street address, city, county, State) 11. Program Activity/Project Description OMB No. 2506-0087 (exp. 11/30/2004) This form is to be used by Responsible Entities and Recipients (as defined in 24 CFR 58.2) when requesting the release of funds, and requesting the authority to use such funds, for HUD programs identified by statutes that provide for the assumption of the environmental review responsibility by units of general local government and States. Public reporting burden for this collection of information is estimated to average 36 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. U.S. Department of Housing and Urban Development Office of Community Planning and Development form HUD-7015.15 (1/99)Previous editions are obsolete Part 2. Environmental Certification (to be completed by responsible entity) With reference to the above Program Activity(ies)/Project(s), I, the undersigned officer of the responsible entity, certify that: 1. The responsible entity has fully carried out its responsibilities for environmental review, decision-making and action pertaining to the project(s) named above. 2. The responsible entity has assumed responsibility for and complied with and will continue to comply with, the National Environmental Policy Act of 1969, as amended, and the environmental procedures, permit requirements and statutory obligations of the laws cited in 24 CFR 58.5; and also agrees to comply with the authorities in 24 CFR 58.6 and applicable State and local laws. 3. After considering the type and degree of environmental effects identified by the environmental review completed for the proposed project described in Part 1 of this request, I have found that the proposal did did not require the preparation and dissemination of an environmental impact statement. 4. The responsible entity has disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 58.55 a notice to the public in accordance with 24 CFR 58.70 and as evidenced by the attached copy (copies) or evidence of posting and mailing procedure. 5. The dates for all statutory and regulatory time periods for review, comment or other action are in compliance with procedures and requirements of 24 CFR Part 58. 6. In accordance with 24 CFR 58.71(b), the responsible entity will advise the recipient (if different from the responsible entity) of any special environmental conditions that must be adhered to in carrying out the project. As the duly designated certifying official of the responsible entity, I also certify that: 7. I am authorized to and do consent to assume the status of Federal official under the National Environmental Policy Act of 1969 and each provision of law designated in the 24 CFR 58.5 list of NEPA-related authorities insofar as the provisions of these laws apply to the HUD responsibilities for environmental review, decision-making and action that have been assumed by the responsible entity. 8. I am authorized to and do accept, on behalf of the recipient personally, the jurisdiction of the Federal courts for the enforcement of all these responsibilities, in my capacity as certifying officer of the responsible entity. Signature of Certifying Officer of the Responsible Entity Title of Certifying Officer Date signed X Address of Certifying Officer Part 3. To be completed when the Recipient is not the Responsible Entity The recipient requests the release of funds for the programs and activities identified in Part 1 and agrees to abide by the special conditions, procedures and requirements of the environmental review and to advise the responsible entity of any proposed change in the scope of the project or any change in environmental conditions in accordance with 24 CFR 58.71(b). Signature of Authorized Officer of the Recipient Title of Authorized Officer Date signed X Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-336 WHEREAS, the Grand Island Area Habitat for Humanity has applied for U.S. Department of Housing and Urban Development (HUD) funds to build two homes in the city of Grand Island; and WHEREAS, to secure HUD funds, the Grand Island Area Habitat for Humanity must complete an Environmental Review through local government; and WHEREAS, since the Grand Island Area Habitat for Humanity began in 1992,the City of Grand Island has ensured that the Environmental Review has been done in compliance with the U.S. Department of Housing and Urban Development ; and WHEREAS, the acting mayor of the City of Grand Island is authorized to sign the Environmental Review as the Chief Elected Official as required by HUD. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the mayor of the City of Grand Island is hereby authorized to sign the Environmental Review as required by the U.S. Department of Housing and Urban Development to secure the Release of Funds for the Grand Island Area Habitat for Humanity. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2006-337 - Approving Change Orders No. 4, 5 & 6 with Chief Construction for Law Enforcement Center Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: November 14, 2006 Subject: Change Orders 4, 5 & 6, Law Enforcement Center Item #’s: G-13 Presenter(s): Steven Lamken Background The construction of the new Law Enforcement Center began in the summer of 2006. $150,000 in contingency funds were included in the bid price for the construction project for change orders. Change orders 4, 5 and 6 are minor changes in the construction of the Law Enforcement Center. Discussion Change orders 4, 5 and 6 are minor change orders that are needed to meet code standards or improve the long term durability and maintenance of the facility. Change order 4 provides for the changing of door framing at the primary employee entrance to accommodate handicap accessible door opener mechanisms. The architects have determined that this entrance is required to be handicapped accessible. The new aluminum door framing costs an additional $1,100.00. Change order 5 provides for the use of a new edging system on countertops in the building. The edging in the plans is laminate and is prone to chipping and or losing adhesion over time. Change order 5 proposes using a newer edging style that replaces the laminate edging with a Corian edge that is much more durable and less prone to damage. The use of the Corian edging will improve the long term durability of the countertops and reduce further maintenance costs in the building. The use of the Corian edging on all laminate countertops will cost and additional $1263.00 Change order 6 provides for the installation of electronic accessing into the arsenal room of the Center. The current plans require the use of a key to enter the arsenal room. There are several employees between the Police Department and the Sheriff's Office who require access to the arsenal. The access is required at all hours and days of the week. Issuing keys to such a large number of employees to the arsenal room creates problems. Tracking keys and maintaining control of keys could eventually compromise security of the room and require replacement of the lock set. The installation of electronic access controls allows the Police Department to program which employees are allowed and or denied access quickly and efficiently without the use of keys. The installation of the electronic accessing on the arsenal entrance door will cost an additional $1,668.00. Acceptance of proposed change orders 4, 5, and 6 will reduce the contingency funds to $150,230.00 which is still more than originally budgeted. 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 change orders 4, 5, and 6 for the construction of the Law Enforcement Center. Sample Motion Motion to approve change order #4 at a cost of $1,100.00, change order #5 at a cost of $1,263.30, and change order #6 at a cost of $1,668.56 with Chief Construction of Grand Island, Nebraska for the Law Enforcement Center. Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-337 WHEREAS, on May 2, 2006, by Resolution 2006-151, the City of Grand Island awarded a bid in the total amount of $7,406,080.00 (including alternate bids 2 and 3) for the construction of a Law Enforcement Center to Chief Construction Company of Grand Island, Nebraska; and WHEREAS, included in the $7,406,080 bid was a construction contingency of $150,000; and WHEREAS, on October 10, 2006, by Resolution 2006-307, the City of Grand Island approved Change Order No. 3 to modify door access control and hardware; and WHEREAS, at this time it is necessary to change the door framing at the primary employee entrance to accommodate handicap accessible door opener mechanisms; to provide a new edging system on the countertops in the building; and, install electronic accessing into the arsenal room of the Law Enforcement Center; and WHEREAS, such changes have been incorporated into Change Order Nos. 4, 5 and 6, and will result in a decrease the contingency fund by $150,230.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order Nos. 4, 5 and 6 for the construction of the Law Enforcement Center to provide the modification set out as follows: Install aluminum door framing to accommodate handicap accessible door opener mechanisms……$1,100.00 Install new edging system on countertops…………………………………………………………..$1,263.00 Installation of electronic accessing into arsenal room………………………………………………$1,668.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, November14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2006-338 - Approving State Bid Contract for Three (3) Police Vehicles Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: November 14, 2006 Subject: Purchase of 2007 Police Department Patrol Vehicles Item #’s: G-14 Presenter(s): Steven Lamken, Police Chief Background The Police Department budgeted $143,000 for six new vehicles for the Police patrol fleet in the 2006/2007 budget. The Department planned to purchase three four wheel drive vehicles for the fleet and three patrol cars. We are recommending the purchase of three Ford Crown Victoria sedans for the patrol fleet at this time. Discussion The State bid's for vehicles was received and the Department is recommending the following purchases off the State bid from Anderson Ford of Grand Island: Three 2007 Ford Crown Victoria's @ $21,232 each = $63,696 (State Contract # 11746) for a total cost of $63,696 which is within the budget line item. Three Ford Crown Victoria sedans will be sold or traded in from the current fleet once the new vehicles are in service. The three fo ur wheel drive vehicles will be purchased at a later date. 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 purchase of three Ford Crown Victorias at $21,232 each off of the Nebraska State bid from Anderson Ford of Grand Island. Sample Motion Motion to approve the purchase of three Ford Crown Victoria sedans at $21, 232 each, off of the State of Nebraska bid list from Anderson Ford of Grand Island, Nebraska for total cost of $63,696. Approved as to Form ¤ ___________ November 9, 2006 ¤ City Attorney R E S O L U T I O N 2006-338 WHEREAS, the Police Department for the City of Grand Island budgeted $143,000.00 in the 2006/2007 fiscal year to purchase six new vehicles; and WHEREAS, said vehicles can be obtained from the State contract holder; and WHEREAS, purchasing the vehicles from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicles is provided in the 2006/2007 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of three Ford Crown Victoria sedans in the amount of $63,696.00 from the State contract holder, Anderson Ford of Grand Island, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Geotechnical Services, Inc. for a Conditional Use Permit for Temporary Placement of a Soil Vapor Extraction Trailer Located at 417 North Sycamore Street This item relates to the aforementioned Public Hearing Item E-2. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item H2 Consideration of Request from Wayne E. Vian for Ashlar Lodge No. 33 AF & AM for Permission to Dedicate the Cornerstone at the New Law Enforcement Facility Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Item H3 Consideration of Request from Wayne E. Vian for Ashlar Lodge No. 33 AF & AM for Permission to Dedicate the Cornerstone at the Heartland Events Center Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Gary Greer City of Grand Island City Council Item H4 Consideration of Water Main District Options, Parkview Area Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: November 14, 2006 Subject: Parkview Subdivision – Water Main District Creation Request Item #’s: H-4 Presenter(s): Gary R. Mader, Utilities Director Background Water Main District 454 was created in response to requests from residents in the Parkview area of the City. That District was designed to provide extension of the municipal water system throughout the subdivision. District 454 was ultimately protested by a substantial majority of the property owners in the area and was discontinued by Council in accordance with state law. The City has received a new request for creation of a modified district, one serving a reduced area. The residents’ request included three options for consideration. A copy of the citizens’ request is attachment “A”. Discussion Utilities Department Staff contacted the petitioners to discuss details of how they wished to proceed. The result of that discussion was a proposed water main district as shown on Attachment “B”. The Council has the authority to create the new district. The protests received for District 454 would have no direct bearing on the protest process for a new district created in response to this request. If a district is created, all property owners would be notified of its creation and would have the same rights of protest as the previous district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to direct the Utilities Department to prepare the required documentation for creation of a Water Main District. 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 proceed with the creation of a Water Main District in response to citizens’ request, as shown in Attachment “B.” Sample Motion Motion to direct the Utilities Department to prepare the required documentation for creation of a Water Main District as per Attachment “B.” Item H5 Consideration of Request to Discontinue Non-Emergency Transports by Grand Island Emergency Medical Services (EMS) Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Fred Whitesides, Councilmember City of Grand Island City Council Item I1 #2006-326 - Consideration of Request from B & R Stores, Inc. dba Super Saver #19, 1602 West 2nd Street for a Class "C" Liquor License and Liquor Manager Designation for Fred M. Groenke, 2308 West Charles Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-326 WHEREAS, an application was filed by B & R Stores, Inc., doing business as Super Saver #19 at 1602 West Second Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on November 4, 2006; such publication cost being $13.60; and WHEREAS, a public hearing was held on November 14, 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: _________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of Fred M. Groenke as liquor manager of such business upon the completion of a state approved alcohol server/seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2006-339 - Consideration of Economic Development Incentive Agreement with CNH America LLC Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, Interim City Attorney Meeting: November 14, 2006 Subject: Approving Economic Development Incentive Agreement with CNH America, LLC Item #’s: I-2 Presenter(s): Dale M. Shotkoski, Interim City Attorney Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the city to extend economic development incentives through the Grand Island Economic Development Corporation. The Economic Development Corporation has received an application from CNH America, LLC, to expand the facility located in Grand Island, Nebraska. Discussion CNH America, LLC has submitted an application (attached) for economic development incentives, which would include $250 per employee hired for training (a maximum of $25,000); $2,500 per job created equal to $200,000; and, $100,000 for plant expansion. CNH states in its application that it intends to expand its manufacturing plan in Grand Island to allow it to manufacture, Case IH and New Holland brand self-propelled hay harvesting equipment. The expansion would be approximately 90,000 square feet and employment would increase by 80 to 100 new, full time employees. The intended completion date for the expansion would be July 1, 2007, and production of the hay harvesting equipment would begin by the second half of 2007. The application of CNH America, LLC meets all the criteria for extending economic incentives and has been approved by the Executive Board of the Economic Development Corporation and by the Citizens Review Committee. Confidential communications began between CNH and the EDC before the announcement of the plant expansion by CNH America, LLC and because of the sensitivity of other plant closings, the negotiations of this application for funds was kept confidential until recently. The application for funds was made months ago when the Grand Island facility was the one being considered for plant expansion. Both the Economic Development Corporation Executive Board and the Citizens Review Committee have approved this application and is now being forwarded to the City Council for final consideration. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with CNH America, LLC. 2. Do not approve the Economic Development Agreement with CNH America, LLC. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the resolution authorizing the city to enter into the Economic Development Agreement with CNH America, LLC. Sample Motion Motion to approve the resolution authorizing the city to enter into the Economic Development Agreement with CNH America, LLC. Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-339 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, CNH America, L.L.C., a limited liability company, has applied for a forgivable loan in the amount of $200,000 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on November 7, 2006 by the Citizens Advisory Review Committee; and WHEREAS, CNH America, L.L.C. will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to CNH America, L.L.C. as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and CNH America, L.L.C., a limited liability company, to provide $200,000 in economic assistance through a forgivable loan to CNH America, L.L.C., to be used for expanding its business at 3445 West Stolley Park Road in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2005. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item I3 #2006-340 - Consideration of Economic Development Incentive Agreement with O'Neill Wood Resources Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, Interim City Attorney Meeting: November 14, 2006 Subject: Approving Economic Development Incentive Agreement with O’Neill Wood Resources Item #’s: I-3 Presenter(s): Dale M. Shotkoski, Interim City Attorney Background At the May 2003 special election, the voters of the City of Grand Island approved LB840 funding to enable the city to extend economic development incentives through the Grand Island Economic Development Corporation. The Economic Development Corporation has received an application from O’Neill Wood Resources to develop its existing business. Discussion O’Neill Wood Resources provides recycling services for clean wood waste and has submitted an application (attached) for economic development incentives, which would include $3,000 per employee for job creation, for a total of $45,000. O’Neill Wood Resources currently employs 0 full time employees; this would increase to 15 full time employees. Services provided by O’Neill Wood Resources will include providing a roll- off container collection for clean wood waste; provide a drop off site for wood waste; and provide an on-site grinding of wood waste for large volume producers. Services will also include custom grinding and land clearing operations. In addition, O’Neill Wood Resources intends to use the wood waste to produce products for local and regional markets, such as animal bedding, bio-fuel and mulch. The application of O’Neill Wood Resources meets all the criteria for extending economic incentives and has been approved by the Executive Board of the Economic Development Corporation and by the Citizens Review Committee. Both the Economic Development Corporation Executive Board and the Citizens Review Committee have approved this application and is now being forwarded to the City Council for final consideration. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Economic Development Agreement with O’Neill Wood Resources. 2. Do not approve the Economic Development Agreement with O’Neill Wood Resources. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the resolution authorizing the city to enter into the Economic Development Agreement with O’Neill Wood Resources. Sample Motion Motion to approve the resolution authorizing the city to enter into the Economic Development Agreement with O’Neill Wood Resources. Approved as to Form ¤ ___________ November 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-340 WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic Development Program and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives; and WHEREAS, O’Neill Wood Resources, has applied for a forgivable loan in the amount of $45,000 from the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program; and WHEREAS, such application has been approved by the executive committee of the Economic Development Corporation and was approved on November 7, 2006 by the Citizens Advisory Review Committee; and WHEREAS, O’Neill Wood Resources will be required to meet or exceed employment numbers and employee salary levels as outlined in the Economic Development Agreement to retain all of the economic incentives granted under the agreement; and WHEREAS, it is in the best interests of the City to provide economic development funding to O’Neill Wood Resources as provided by the Grand Island Economic Development Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and between the City, the Grand Island Area Economic Development Corporation and O’Neill Wood Resources, to provide a $45,000 in economic assistance through a forgivable loan to O’Neill Wood Resources, to be used for establishing its business at 558 South Stuhr Road in Grand Island is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 14, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of October 25, 2006 through November 14, 2006 The Claims for the period of October 25, 2006 through November 14, 2006 for a total amount of $3,805,147.78. A MOTION is in order. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of October 11, 2006 through November 14, 2006 The Claims for the Library Expansion for the period of October 11, 2006 through November 14, 2006 for the following requisitions. #40 $ 25.00 #41 20,564.45 #42 649,435.49 #43 1,000.00 A MOTION is in order. Tuesday, November 14, 2006 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council