12-01-2009 City Council Regular Meeting PacketCity of Grand Island
Tuesday, December 01, 2009
Council Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
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.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item -1
Election of City Council President
The City Council is required to elect one Councilmember to the office of Council President.
The term is for a one-year period. The Council President automatically assumes the duties of
the Mayor in the event that the Mayor is absent or otherwise unable to fulfill his/her duties.
Nebraska law allows the election of the Council President to be by secret ballot. The total
number of votes for each candidate; however, must be stated and recorded in the Minutes.
Past practice has included a run-off election between the top two nominees, if necessary. The
City Clerk will prepare, distribute, and count ballots. Nominations to fill the vacancy are in
order. A second is not required on nominations.
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G1
Approving Minutes of November 24, 2009 City Council Regular
Meeting
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
November 24, 2009
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 November 24, 2009. Notice of the meeting was given in The Grand Island
Independent on November 18, 2009.
Mayor Hornady called the meeting to order at 7:00 p.m. The following City Councilmember’s
were present: Meyer, Niemann, Gilbert, Haase, Carney, Dugan, Ramsey, Nickerson, and Zapata.
Councilmember Gericke was absent. The following City Officials were present: City
Administrator Jeff Pederson, City Clerk RaNae Edwards, Finance Director Mary Lou Brown,
City Attorney Dale Shotkoski, and Public Works Director Steve Riehle.
INVOCATION was given by Mayor Hornady followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady introduced Community Youth Council
members Dan Carlson, Sarah Stoltenberg, and Alex Wirth. Mayor Hornady wished Bernice
Southard, a former school teacher for 50 years in Grand Island a happy 90th birthday. Mayor
Hornady also wished everyone a happy Thanksgiving.
PUBLIC HEARINGS:
Public Hearing on Request from James Fox dba Husker Hut, 1403 South Eddy Street for a Class
“I” Liquor License. This item was pulled from the agenda at the request of the applicant.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9242 – Consideration of Vacation of a Utility Easement Located at 805 Allen Drive in
Meadowlark West Fifth Subdivision (Paul Younes).
#9243 – Consideration of Vacation of a Utility Easement Located at 1808 & 1810 South
Locust Street (Goodwill Industries)
#9244 – Consideration of Vacation of Lueth Drive South of Seedling Mile Road
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 Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted.
Public Works Director Steve Riehle reported Ordinance #9242 was a request from a developer
that would vacate a 20’ utility easement in Lot 1 of Meadowlark West Fifth Subdivision for
development of this property.
Page 2, City Council Regular Meeting, November 24, 2009 Mr. Riehle reported Ordinance #9243 was a request from a developer to vacate three (3) twenty
foot (20’) utility easements in Lots 1, 2, and 3 of Goodwill Fifth Subdivision for development of
this property.
Mr. Riehle reported Ordinance #9244 was the vacation of a public right-of-way 16.5’ currently
know as Lueth Drive, south of Seedling Mile Road, between 2415 and 2505 East Seedling Mile
Road and extends to Gregory Avenue. This vacation would accommodate the replatting of
Windolph Subdivision, as Hehnke Subdivision.
Motion by Meyer, second by Nickerson to approve Ordinances #9242, #9243, and #9244.
City Clerk: Ordinances #9242, #9243, and #9244 on first reading. All those in favor of the
passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
City Clerk: Ordinances #9242, #9243, and #9244 on final passage. All those in favor of the
passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted
aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9242, #9243, and #9244 are declared to be lawfully adopted upon publication as
required by law.
CONSENT AGENDA: Consent agenda item G-9 was pulled for further discussion. Motion by
Zapata, second by Meyer to approve the Consent Agenda excluding item G-9. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of November 10, 2009 City Council Regular Meeting.
Approving Minutes of November 17, 2009 City Council Study Session.
Approving Appointment of Rob Czaplewski to the Library Board.
Approving Request from Carl Mayhew, 507 Plum Road for Liquor Manager Designation for the
Liederkranz, 403 West 1st Street.
#2009-2908 – Approving Natural Gas Sales Agreement with Northwestern Energy for the
Wastewater Treatment Plant.
#2009-299 – Approving Change Order No. 2 for Grading Improvements at the Veterans Athletic
Field Complex with Slepicka Construction Co. of Dorchester, Nebraska for an Increase of
$10,127.44 and a Revised Contract of $98,069.69.
#2009-300 – Approving Certificate of Final Completion for Grading Improvements at the
Veterans Athletic Field Complex with Slepicka Construction Co. of Dorchester, Nebraska.
Page 3, City Council Regular Meeting, November 24, 2009 #2009-301 – Approving Bid Award for (1) New 2009 4 Wheel Drive 43 HP Industrial Grade
Tractor/Loader with Cab with Central Nebraska Bobcat of Grand Island, Nebraska in an Amount
of $28,717.00.
#2009-303 – Approving Bid Award for Utility Improvements at Veterans Athletic Field
Complex with Diamond Engineering Co. of Grand Island, Nebraska in an Amount of
$191,335.18.
#2009-304 – Approving Medicate Enrollment Revalidation and Appointing Mary Lou Brown as
Authorized Official and Karen Schneider as a Designated Official.
#2009-302 – Approving Bid Award for Paving Improvements for Veterans Athletic Field
Complex with Diamond Engineering Co. of Grand Island, Nebraska in an Amount of
$364,664.80. Discussion was held regarding Section C of the bid and whether this would need to
be bid again. Parks and Recreation Director Steve Paustian stated this would not have to be re-
bid and work would likely take place in the spring.
Motion by Dugan, second by Gilbert to approve Resolution #2009-302. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Request from Wayne E. Vian for Ashlar Lodge No. 33 A.F. & A.M. for
Permission to Dedicate the Cornerstone at the City Owned State Fair Recreational Building.
Wayne Vian representing the Mason’s requested the Grand Island City Council’s permission to
dedicate the cornerstone at the State Fair Recreational Building.
Discussion was held regarding design changes. Mr. Vian stated this could be done after the
building was completed. Installation cost would be paid by Ashlar Lodge. Also discussed was
State Fair Board approval.
Motion by Meyer, second by Nickerson to approve the request of the Masons to direct staff to
dedicate the cornerstone at the State Fair Recreational Building contingent upon approval from
the State Fair Board. Upon roll call vote, all voted aye. Motion adopted.
RESOLUTIONS:
#2009-305 – Consideration of Request from James Fox dba Husker Hut, 1403 South Eddy Street
for a Class “I” Liquor License. This item was pulled from the agenda at the request of the
applicant.
#2009-306 – Approving the Adoption of the Resolution to Comply with Local Public Agency
Guidelines Manual by Designating a Responsible Charge. Public Works Director Steve Riehle
reported that since Grand Island was a Local Public Agency (LPA) and received federal
transportation funding from the Federal Highway Administration (FHWA) administered through
the Nebraska Department of Roads (NDOR), the City was required to comply with the NDOR’s
LPA Manual. One of the requirements was to designate a Manager of Engineering Services as
the Responsible Charge person for federal aid transportation projects. It was recommended that
Page 4, City Council Regular Meeting, November 24, 2009 David Goedeken be designated as the City’s Responsible Charge individual he had completed
the training and was certified by the NDOR.
Motion by Meyer, second by Gilbert to approve Resolution #2009-306. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Ramsey to approve the Claims for the period of November 11,
2009 through November 24, 2009, for a total amount of $3,521,396.45. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of November 11,
2009 through November 24, 2009 for the Veterans Athletic Field Complex for a total amount of
$126,103.42. Unanimously approved.
Motion by Dugan, second by Ramsey to approve the Claims for the Period of October 28, 2009
through November 24, 2009 for the State Fair Recreation Building for a total amount of
$2,826.62. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 7:25 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Appointment of Julie Connelly and Re-Appointment of
Karen Bredthauer to the Regional Planning Commission
The Mayor has submitted the Re-appointment of Karen Bredthauer and a new appointment
of Julie Connelly to replace Lisa Heineman to the Regional Planning Commission. These
appointments would become effective November 1, 2009 upon approval by the City Council
and would expire on October 31, 2012. Approval is recommended.
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G3
Approving Appointment of Steve Kunzman to the Central District
Health Board
The Mayor has submitted the appointment of Steve Kunzman to the Central District Health
board to replace Ann Marsh. This appointment would become effective January 1, 2010
upon approval by the City Council and would expire on December 31, 2013. Approval is
recommended.
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: Mayor Hornady
City of Grand Island City Council
Item G4
#2009-307 - Approving Locomotive Lease Agreement
Tuesday, December 01, 2009
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
Wesley Nespor, Asst. City Attorney/Purchasing
Meeting: December 1, 2009
Subject: Locomotive Lease Agreement
Item #’s: G-4
Presenter(s): Gary R. Mader, Utilities Director
Background
The Platte Generating Station utilizes a locomotive to move the coal cars onsite during
the coal unloading process. The locomotive is an EMD SW1200 built in 1959 and
purchased by the City in 1982. It is periodically inspected by contractors specializing in
locomotive maintenance. A recent inspection indicated that an overhaul of some of the
major components is required. These include rebuilding the main generator auxiliary
generator drives, engine blowers and drive gears, and replacing the main crank shaft and
traction motor blower bearings.
At the November 10, 2009 Council meeting, National Railway Equipment was awarded
the contract for the locomotive overhaul in the amount of $87,424.65. In order for
National Railway Equipment to begin their work on the locomotive, Platte Generating
Station will need to lease an alternate locomotive during this time to continue unloading
coal.
Discussion
Bids were solicited from locomotive rental suppliers as follows.
Rental Price Freight
Diesel Locomotive $160/day $2,198
Union Pacific $570.38/day
LRS Locomotive $155/day
National Railway $162/day $3,265
LRS Locomotive could not meet our schedule requirements and Union Pacific’s rate was
substantially higher, therefore, freight charges were not determined for the evaluation.
The estimated amount of the locomotive rental is $5,000.
The lease agreement was reviewed by our Legal Department and by utility staff and is
attached.
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 award of the Locomotive
Lease Agreement to Diesel Locomotive Company, LLC, of New Richmond, Wisconsin
in the amount of $160 per day.
Sample Motion
Move to approve award of the lease agreement in the amount of $160 per day from
Diesel Locomotive Company, LLC for the Locomotive Lease Agreement.
LOCOMOTIVE LEASE AGREEMENT
THIS LEASE AGREEMENT, made this ______day of _______, 2009, by and between
DIESEL LOCOMOTIVE COMPANY, LLC, a Wisconsin Corporation, having its principal office
at 1551 100th St. in New Richmond, WI (hereafter called “Lessor”) and City of Grand Island,
Grand Island, NE (hereafter called “Lessee”) WITNESSETH:
1. TERM OF AGREEMENT:
This lease shall be effective for a term of thirty (30) days plus any additional days after,
beginning at delivery /start-up and ending when the unit is set –out for RR pick-up and return
2. PURPOSE:
LESSEE hereby leases from LESSOR, and LESSOR hereby leases to LESSEE, one
locomotive unit (hereafter called the “Unit”) EMD GP10 #DLCX8308. LESSEE agrees to lease
the Unit for commercial purposes only and agrees that this lease is not a consumer contract.
3. LOCATION:
The Unit is currently located in Blair, NE. LESSOR will ship, at LESSEE’S cost, FOB
shipping point to Unit, and all risk of loss shall pass to LESSEE upon placement of the Unit on
the transport for shipment. Additionally, during such move and subsequent operation, LESSEE
shall maintain in effect such inland marine insurance as required under item X herein.
4. REASONABLE CARE:
LESSEE shall use the Unit in a careful and proper manner, complying with all applicable
laws, ordinances or regulations pertaining to the possession, use, or maintenance of the Unit.
LESSEE shall require that the Unit be operated only by competent and qualified employees, and
shall ensure the Unit is not subjected to careless and needless rough usage.
5. INDEMNIFICATION:
LESSEE shall indemnify LESSOR against, and hold LESSOR harmless from, any and all
claims, losses, actions, suits, proceedings, costs, expenses, damages and liabilities, including
reasonable attorneys’ fees, arising out of, in connection with, or resulting from the Unit,
including, without limitation, injury to or loss of the Unit or the manufacture, selection, delivery,
possession, use, operation and return of the Unit. This obligation to indemnify shall also include
the obligation to defend LESSOR by LESSEE and LESSEE’s insurance company. Each party
agrees that it will give the other prompt notice of the assertion of any claim or the institution of
any action, suit or proceeding. Except for losses solely the result of LESSOR’s negligence.
6. OWNERSHIP:
Ownership and title to the Unit shall at all times remain in LESSOR’s name unless
transferred to LESSEE. LESSEE shall have only the right to retain possession of the Unit
pursuant to the terms and conditions of this Agreement. LESSEE shall keep the Unit free from
any and all liens and claims, and LESSEE shall do or permit no act or thing whereby LESSOR’s
title or rights may be encumbered or impaired. Upon expiration or termination hereof by other
than default, the Unit shall be returned unencumbered to LESSOR by LESSEE at Blair, NE. or to
such other places LESSOR and LESSEE agree upon at LESSEE’s sole cost and expense, and in
the same condition as when received by LESSEE, reasonable wear and tear resulting from proper
use thereof excepted. LESSEE shall pay rent at the said rate until all of said Unit arrives at
LESSOR’s premises, or other place designated by LESSOR. LESSEE shall provide LESSOR
with immediate notice to any claim, levy, lien, or legal process issued against the Unit.
LESSEE shall assist LESSOR by executing and delivering to LESSOR any such instruments and
assurances that LESSOR deems necessary for the confirmation or perfection of LESSOR’s
ownership interest in the unit.
LESSEE shall provide for registration and licensing of the Unit wherever or whenever
required. If at any time LESSOR supplies LESSEE with labels, plates, or other marking
indicating LESSOR’s ownership of the Unit, LESSEE shall affix and keep same in a prominent
place on the Unit. LESSEE shall not cover up any marks or identification or ownership,
including the Unit number, displayed on the Unit.
7. ALTERATIONS:
LESSEE shall not make any alteration, additions, and improvements to the Unit, absent
the written approval of LESSOR, provided that no alterations shall in any way reduce the value of
the Unit. Any such alterations, additions and improvements shall immediately become a part of
the Unit and ownership of the alterations, additions and improvements shall rest with LESSOR.
However, at LESSOR’s option, any permitted alterations, additions and improvements shall be
removed by LESSEE upon the expiration or earlier termination of this Lease, if and only if such
removals can be accomplished without damage to the Unit or otherwise reducing its value below
that which it would have been if no such alterations, additions, or improvements had been made.
8. MAINTENANCE AND REPAIR:
LESSEE shall inspect the Unit within forty-eight (48) hours after its receipt. Unless
within said time LESSEE notifies LESSOR in writing, stating the details of any defects in or
other proper objection to the Unit, LESSEE shall be conclusively presumed, as between LESSOR
and LESSEE, to have fully inspected and acknowledged that the Unit is in good condition and
repair, and that the LESSEE is satisfied with and has accepted the Unit in its then condition. The
LESSEE shall be responsible to maintain or cause to be maintained the Unit with the following
items, including : all lubricating oils, all filters, brushes, lighting, fuses, brake shoes, sand, treated
water or anti-freeze, batteries and battery charging system, and testing of the lube oil on a
scheduled basis Thereafter, LESSEE shall effect and bear the expense of all necessary repairs,
maintenance, operation and replacements required to be made to maintain the Unit in good
operable condition, ordinary wear and tear from proper operation excepted. LESSEE’s
agreement to pay all expenses of maintaining and repairing the Unit includes labor, material,
parts, and other similar expenses. LESSEE is responsible for all repairs due to operator error,
negligence, or failure to report required repairs. The LESSEE is responsible to maintain and
operate the wheel and axle sets and traction motor assemblies in accordance with FRA
regulations / specifications; any repairs required from damage such as flat spots on the wheels
from excessive wheel slip and or wheel skidding shall be to the account of the LESSEE. In the
event that replacement of any part, component, or assembly, or any maintenance or repairs to said
#8308 is due to negligent acts or omissions on the part of Platte Generating Station. or its
employees, agents, or subcontractors; misuse, abuse, or unauthorized use of said #8308, Acts of
god, collisions, derailments, vandalism, or the continued operation of the locomotive when in
need of service, Platte Generating Station shall be responsible for charges incurred from such
replacement, maintenance, and or repair at Diesel Locomotive Co.’s and or its authorized agents
at the usual and current rates at the time such products or services are required.
92 Day FRA test shall be completed as per FRA rules, maintenance shall be done per our
maintenance program on not more than an 1800 hour interval, whichever would come first.
Maintenance program is attached. LESSEE shall report hour meter reading monthly to LESSOR
via fax or e-mail.
9. INSPECTION
LESSEE shall, whenever requested, advise LESSOR of the exact location and condition
of the Unit, and shall give LESSOR immediate notice of any attachment or other judicial process
affecting the Unit, and indemnify and save LESSOR harmless from any loss or damage caused
thereby. LESSOR shall have the right, upon reasonable notice, to free access to inspect the Unit
and shall be afforded the necessary time for the purpose of such inspection. LESSOR shall make
arrangements for such inspections so as to minimize any adverse impact upon LESSEE’s normal
operations. LESSOR may remove the Unit forthwith, without notice to LESSEE, if the Unit is, in
the opinion of the LESSOR, used beyond its capacity or in any manner improperly cared for or
abused.
10. CASUALTY AND INSURANCE:
LESSEE hereby assumes all risk or loss or damage to the Unit from any cause.
Destruction of, or damage to the Unit shall not serve to relieve LESSEE of any obligations under
this Agreement and such obligations shall remain in full force and effect until otherwise
discharged. LESSEE agrees to insure the Unit under an inland marine policy for the sum of
$225,000 U.S. Funds and to name LESSOR as the owner and insured. LESSEE agrees to provide
LESSOR proof of such insurance. In the event of the loss or damage to the Unit, LESSOR may
elect to either:
A. remit the proceeds to LESSEE to place the Unit in good repair; and
B. retain the outstanding balance and any other amounts owing under this
Agreement.
Should LESSOR elect to keep the proceeds and remit to the LESSEE, return of the unit at the end
of the lease unrepaired will not be a breach of Paragraph 6 and 15. LESSEE’s maximum liability
for risk of loss or damage to the locomotive will not exceed $225,000 whether paid by the
LESSEE or its insurance or both.
In addition, LESSEE also agrees to purchase and carry public liability and property
damage insurance covering the Unit on the amounts of not less than $2 million in respect to
bodily injury and death to any one person, not less than $2 million in respect to any one accident,
and not less than $1 million in respect to property damage. All such public liability and property
damage insurance shall designate both LESSOR and LESSEE as insureds. LESSEE may effect
such coverages under its blanket policies. All such policies shall be written by companies
reasonably satisfactory to LESSOR, and copies of the policies, certificates showing such
coverages to be in effect, and receipts of improvements thereunder shall be furnished to LESSOR
within thirty (30) days after the execution of this Lease. Each insurer shall agree, by endorsement
upon the certificates issued by it or by independent instrument furnished to LESSOR, that it will
give LESSOR thirty (30) days’ written notice before the policy in question shall be altered or
cancelled, and that any proceeds shall be paid to LESSOR.
In the case of failure of LESSEE to procure and maintain said insurances hereinabove
specified, or to pay the fees, assessments, charges, and taxes described hereafter, shall be
considered an event of default.
11. TAXES AND FEES:
LESSEE shall pay all taxes, assessments, licenses, and registration fees (including
interest and penalties thereon) on the Unit during the term of this Agreement, based upon (a) the
interest of LESSEE in the Unit or upon the use or operation thereof or the earnings arising there
from; and (b) against LESSOR on account of its ownership of the Unit, or any part thereof or the
use or operation thereof, exclusive, however, of any taxes based on net income of LESSOR.
LESSEE agrees to file, on behalf of the LESSOR, all required tax returns or reports concerning
the Unit with all the appropriate government agencies and within not more than forty-five (45)
days after the due date of such filing. LESSEE shall keep the unit free and clear of all levies,
liens, and encumbrances, other than those being contested, which, as a result of such contest, do
not adversely threaten the LESSORS title to the Unit.
12. DEFAULT:
A. Events of the Default – An event of the default shall be the occurrence of one or more
of the following:
1. LESSEE shall fail to make any payment due under this Agreement on the date it is due.
1i. LESSEE shall fail to perform or observe any covenant, condition, or agreement to be
performed or observed by it hereunder, and such failure continues uncured for ten (10) days after
written notice thereof to LESSEE by LESSOR.
1ii. LESSEE shall cease too do business as a going concern or file a voluntary petition of
bankruptcy, be adjudicated as bankrupt or insolvent, file a petition to seek any reorganization
arrangement, composition, readjustment, liquidation, dissolution, or similar arrangements under
any present or future statute, law or regulation, or file against it any such proceeding, consent to
or acquiesce in the appointment of a trustee, receiver, or liquidator of it or all or a substantial part
of its assets or properties, or if it or it’s shareholders or members shall take any action looking to
its dissolution or liquidation.
1iii. LESSEE shall become insolvent (however defined) or make any arrangements for the
benefit of creditors.
1v. LESSEE commits, or fails to commit, any act that jeopardizes the rights of the
LESSOR.
V. LESSEE attempts to remove, sell, transfer, assign, encumber, part with possession, or
sublet the Unit or any part thereof.
Vi. LESSEE shall fail to pay insurance payments as required by this lease under paragraph
10 of this Lease.
B. Remedies for Default – Upon an event of default, LESSOR may elect any of the
following remedies, as well as any other remedies available under the law.
1. All sums due under this Agreement shall become immediately payable in full.
1i. LESSOR may terminate the Agreement, except that such termination shall not serve to
limit the obligations of LESSEE as incurred under this Agreement.
1ii. LESSOR may demand that the Unit be returned to LESSOR, at LESSEE’s expense, at
such place as the LESSOR may designate. LESSOR, without notice or legal process and without
incurring any liability, may enter any premises under control of LESSEE where the Unit may or
is believed to be located for the purpose of repossessing the Unit or any part thereof. Lessee
expressly waives all further right to possession of the Unit and all claims for injuries suffered
through the cause of repossession and not as a penalty, any unpaid rent that accrued on or before
the occurrence of the event of default, plus an amount equal to the difference between the
aggregate rental value of the Unit for such unexpired term; provided, however, that if any statute
governing the proceeding in which such damages are to be clearly specified in the amount of such
claim, LESSOR shall be entitled to prove as and for damages for the breach in an amount equal to
that allowed under such statute.
1iii. LESSOR may enforce by legal proceedings, specific performance of all terms and
conditions of the Agreement, as well as any other remedy available at law or in equity. Should
LESSOR institute such legal proceedings to recover the Unit of any amounts owing under this
Agreement, LESSEE shall pay all expenses incurred by LESSOR or on behalf of LESSOR
relating to such legal proceedings.
1iv. No remedy shall be exclusive of any other remedy provided herein or by law. A waiver
by LESSOR of any event of default shall not constitute any other or subsequent waiver.
13. Term
The term of this Agreement shall commence upon the date first written and shall continue
for a period of thirty (30) days plus any additional days required, unless earlier terminated as
provided herein.
14. Daily Rental Rate:
The daily rental for the Unit shall be One Hundred sixty dollars (160.00) U.S. per day for
one month and the same rate for any additional required days. This daily rental shall continue for
one month during the term of this Agreement. Payment of the first months’ lease shall be made
by LESSEE on or about December 15, 2009 and will represent the first months’ rental. All rental
payments shall be made in advance and apply toward principal. In the event the unit is
unavailable for operation due to failure caused by normal wear and tear, the LESSEE shall not be
responsible for payment for those days after the first 72 hours out of service.
15. Return of Unit:
Upon expiration or termination of this Agreement, LESSEE shall, at LESSEE’s expense,
return the unit to LESSOR in good running condition, except for normal wear and tear, at such
location, within reason, on any premises controlled by the LESSEE, or his affiliated rail
transportation operator, as LESSOR may reasonably direct. In addition, Lessee agrees to make
available, at no expense to LESSOR and at no liability to LESSEE, if required, a suitable location
to store the Unit on LESSEE’s premises for a period of op to ninety (90) days.
16. Acceptance Warranty:
Lessee acknowledges that LESSOR is not the manufacturer of the Unit, nor manufacturer’s
agent, and that LESSOR makes no warranty or representation, either expressed or implied, as to
any matter whatsoever, including, without limitation, the design or condition of the Unit, it’s
marketability, or it’s fitness for any particular purpose, the quality or capacity of the materials in
the Unit, the condition of the Unit, or the workmanship of the Unit, and that the Unit will satisfy
the requirements of any law, rule, specification or contract that provides for specific machinery or
operators or special methods, it being agreed that the Unit is leased “as is” and that all risks, as
between LESSOR and LESSEE, are to be borne by the LESSEE, at its sole risk and expense.
LESSEE, accordingly, agrees not to assert any claim whatsoever against LESSOR for loss of
anticipatory profits or consequential damages. No oral agreement, guarantee, promise, condition,
representations, related hereto and/or to said Unit are integrated herein. No modification hereof
shall be binding unless in writing, signed by LESSOR. No defect or unfitness of the Unit shall
relieve LESSEE of the obligations to payment, or any other obligations under this Lease to
LESSOR.
City of Grand Island Diesel Locomotive Co. LLC
By:_______________________________ By:_________________________________
Its:_______________________________ Its:_________________________________
Date______________________________ Date _______________________________
Approved as to Form ¤ ___________
November 25, 2009 ¤ City Attorney
R E S O L U T I O N 2009-307
WHEREAS, the Platte Generating Station utilizes a locomotive to move coal cars on-site
during the coal unloading process; and
WHEREAS, at the November 10, 2009 Council meeting, National Railway Equipment was
awarded the contract for overhaul of the Platte Generating Station locomotive; and
WHEREAS, in order for National Railway Equipment to begin their work on the
locomotive, Platte Generating Station will need to lease an alternate locomotive during this time to continue
unloading coal; and
WHEREAS, bids were solicited from locomotive rental suppliers and Diesel Locomotive,
LLC, of New Richmond, Wisconsin submitted a bid for locomotive lease; and
WHEREAS, a Lease Agreement was prepared to provide for the locomotive lease for
$160 per day, with an estimated total rental cost of $5,000.00; and
WHEREAS, the Legal Department has reviewed and approved the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Locomotive Lease Agreement between the
City of Grand Island and Diesel Locomotive Company, LLC, of New Richmond, Wisconsin is hereby
approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf on the
City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 1, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2009-308 - Approving Purchase of Dell Computers for Police
Department
Tuesday, December 01, 2009
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: December 1, 2009
Subject: Purchase of Dell Computers
Item #’s: G-5
Presenter(s): Steven Lamken, Police Chief
Background
The police department has scheduled a rotation of a portion of the computer work stations
in the agency. For fiscal 2010, there are 16 work stations scheduled for rotation.
Discussion
The replacements are for various stations that include the criminal division, child abuse,
evidence, patrol, victim assistance, administration, and our off site at the Grand Island
Public Schools Administration building.
We have planned and budgeted for this rotation.
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.
Sample Motion
Move to approve the purchase of 16 Dell work stations from Dell Computer off of State
Bid Contract Number 12551 OC in the amount of $23,178.24.
Approved as to Form ¤ ___________
November 25, 2009 ¤ City Attorney
R E S O L U T I O N 2009-308
WHEREAS, The Police Department planned a computer replacement and rotation within
the fiscal 2010 budget and
WHEREAS, There exists a State bid Contract Number 12551 OC for Dell computers and
WHEREAS, the total cost of replacement off of this state bid is $23,178.24 and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, authorization for the purchase of 16 Dell work stations
for the Police Department in the amount of $23,178.24
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 1, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2009-309 - Approving Purchase of Seven (7) Police Patrol Vehicles
Tuesday, December 01, 2009
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: December 1, 2009
Subject: Purchase of Police Patrol Vehicles
Item #’s: G-6
Presenter(s): Steven Lamken, Police Chief
Background
The Police Department budgeted for the replacement of seven cars from our patrol fleet
in 2009/2010. The State has released contracts for law enforcement patrol vehicles. State
contracts were awarded for Dodge Charger and Ford Crown Victoria vehicles. There
were no contacts awarded to local dealers. The Police Department is recommending
purchasing seven Ford Crown Victoria patrol cars from Tinchner Ford under State
contract 12610 OC.
Discussion
The Police Department has budget funds to replace seven vehicles in our marked patrol
fleet in this fiscal year. The State has awarded contracts for Dodge Charger and Ford
Crown Victoria police fleet vehicles. The manufacturers produce only a limited number
of police package vehicles based primarily off of orders received from law enforcement.
Orders need to place in a timely manner to be able to purchase vehicles.
Nebraska awarded contracts for Dodge Charger and Ford Crown Victoria police vehicles.
The contract price for the Dodge Charger is $20,164. The contract price for the
comparably equipped Ford Crown Victoria is $21,198. The Police Department is
recommending purchasing the Fords due to the overall costs of changing out equipment
from the old cars to the new cars. Our current equipment can be installed in the Fords
while we will need to purchase several items of new equipment to install in the Dodges.
The following is an explanation of the overall costs:
Dodge Charger Ford Crown Victoria
Base Price w/
heated mirrors $20,164 $21,198
Equipment console 1,200 -0-
Cage 1,100 -0-
Radio Tray 392 -0-
Rear deck lights 438 -0-
Cost per vehicle $23,294 $21,198
Cost for seven vehicles $163,058 $148,386
Less trade in for
6 vehicles - 19,000 - 10,750
Replace one damaged
radio tray - 375
Total costs $144,058 $138,011
The overall cost of purchasing the seven Ford Crown Victoria cars results in a total
savings of just over $6,000. The Ford Crown Victoria has a proven performance record
and has been a reliable patrol vehicle for the Police Department. The Department has
funds budgeted for the purchase of the vehicles. We are recommending the purchase of
seven Crown Victoria police package cars from Tinchner Ford of Plattsmouth under State
contract 12610 OC and the trade in of six used patrol cars for a total cost of $138,011.
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 seven Ford
cars for the Police Department fleet.
Sample Motion
Move to purchase seven Ford Crown Victoria police package cars from Tinchner Ford of
Plattsmouth, Nebraska under State contract number 12610 OC and trade in six used cars
for a cost of $138,011.
Approved as to Form ¤ ___________
November 25, 2009 ¤ City Attorney
R E S O L U T I O N 2009-309
WHEREAS, the Grand Island Police Department has budgeted funds to purchase seven
police patrol vehicles and to trade in six older vehicles, and
WHEREAS, the State of Nebraska has awarded Tinchner Ford of Plattsmouth State
contract number 12610 OC to sell Ford Crown Victoria police package vehicles, and
WHEREAS, the purchase of seven Ford Crown Victoria police package vehicles costs
$138,011 with the trade in of six used police fleet vehicles, and
WHEREAS, the contract for the purchase of Ford Crown Victoria vehicles provides the
lowest overall cost for Police Department police package vehicles.
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 the purchase of seven 2010 Ford Crown Victoria police package patrol vehicles and trade in six
used vehicles with Tinchner Ford of Plattsmouth, Nebraska for a total cost of $138,011.
Adopted by the City Council of the City of Grand Island, Nebraska, December 1, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2009-310 - Approving Supplemental Agreement No. 1 with NDOR
for South Locust Street for Northbound Roadway Construction
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: December 1, 2009
Subject: Approving Supplemental Agreement No. 1 with NDOR
for South Locust Street for Northbound Roadway
Construction
Item #’s: G-7
Presenter(s): Steven P. Riehle, Public Works Director
Background
All agreements must be approved by the City Council. The Nebraska Department of
Roads (NDOR) and the City of Grand Island entered into a program agreement for the
above project. The agreement was executed by the City on June 14, 2007 and by the State
on June 19, 2007 and provided for the paving of the northbound lanes on South Locust
Street.
The plans, specifications and estimates (PS&E) package for the paving project was hand
delivered to the NDOR on Friday, September 25, 2009. The NDOR is reviewing the
PS&E packing in preparation for an anticipated February or March 2010 bid letting.
The City has requested that the paving project for the northbound lanes be completed
before the 2010 State Fair. Public Works Administration believes there is enough time to
complete the project as long as the environmental restrictions placed on the project do not
hold up the contractor.
Discussion
Supplemental Agreement Number 1 for this project was approved at the July 28, 2009
council meeting. This supplemental agreement allowed for Federal Stimulus Funds to be
used toward the construction phase of the project modified the estimated project cost and
updated the bid letting responsibilities.
During the time the City signed the supplemental agreement and the NDOR received the
agreement to sign an additional item regarding the naming of a Responsible Charge has
arisen. The NDOR did not fully execute the supplemental agreement and sent a new
supplemental agreement on November 16, 2009. The new one replaces the one that was
approved by council in July 2009.
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
Public Works Administration recommends that the Council approve a resolution
authorizing the Mayor to sign the agreement.
Sample Motion
Move to approve authorization for the Mayor to sign the agreement.
Approved as to Form ¤ ___________
November 25, 2009 ¤ City Attorney
R E S O L U T I O N 2009-310
WHEREAS, the City of Grand Island is widening South Locust Street using American
Recovery and Reinvestment Act (ARRA) Funds; and
WHEREAS, for such work the State and City entered into an agreement; and
WHEREAS, on July 28, 2009, by Resolution 2009-180 the Grand Island City Council
approved Supplemental Agreement Number 1 to the original agreement; and
WHEREAS, the initial Supplemental Agreement Number 1 has become null and void due
to required additonal information; and
WHEREAS, it is now necessary to amend the original Supplemental Agreement Number 1
to allow Federal Stimulus Funds to be used toward the construction phase of the project, modify the
estimated project cost, update the bid letting responsibilities and designate a Responsible Charge individual;
and
WHEREAS, the construction cost is estimated to be $4,012,600.00, all of which is
proposed to be ARRA Funds; and
WHEREAS, the City’s share of the project is to be 100% of the design and preliminary
engineering, and all other costs over the capped construction and construction engineering amounts, and
WHEREAS, David Goedeken has been designated as the Responsible Charge for such
project; and
WHEREAS, Supplemental Agreement No. 1 with the Nebraska Department of Roads is
required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the supplemental agreement number 1 with the
Nebraska Department of Roads to amend the original agreement for the widening of South Locust Street 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.
- - -
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, December 1, 2009.
_______________________________________
Margaret Hornady, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of November 25,
2009 through December 1, 2009
The Claims for the period of November 25, 2009 through December 1, 2009 for a total
amount of $1,336,682.42. A MOTION is in order.
Tuesday, December 01, 2009
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council