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10-12-2010 City Council Regular Meeting PacketCity of Grand Island Tuesday, October 12, 2010 Council Session Packet City Council:Mayor: Margaret Hornady City Administrator: Jeff Pederson City Clerk: RaNae Edwards T u 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 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 C1 Recognition of "Savvy Awards" The City of Grand Island Public Information Division recently was recognized for two national awards by the City-County Communications and Marketing Association’s (3CMA). The Savvy Awards competition recognizes outstanding local government achievements in communications marketing, public relations and citizen-government relationships. The Public Information Office was notified in July that two submitted entries were selected as a finalist as part of the Savvy Award competition. At the 3CMA National Conference the Public Information Division was notified of their standings. The City of Grand Island’s “Leave-a-Mark, Adopt-a-Park” event, sponsored by the Community Youth Council in partnership with the Parks Department, received the first place Savvy Award for all city population sizes, in the category of 2009-10 Special Events—One Time Event. At the City Council meeting Paige Liess, youth co-chair of the event and Brad Foster, representing the Parks Department, will be recognized for the role their groups played in the event. The second category that the Public Information Division was recognized by the 3CMA organization was the 2009-10 TV Promotional Video—population of 1 to 82,172. At the City Council meeting, the efforts of Grand Island Television audio technician Jeremy Watson, in partnership with Police Department, will be recognized for receiving the second place Silver Circle Award, for the Police Recruitment Video, entitled “A Dedication to Serve.” Last year the City of Grand Island took home the Savvy Award in this same category for GITV’s Fire Recruitment Video. 3CMA received over 580 entries this year in three divisions containing 13 categories. Savvy Award entries are judged on overall accomplishments, with measurable outcomes being heavily weighted. In addition, entries are judged on overall creativity, quality of content, design and production, and budget. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Wendy Meyer-Jerke City of Grand Island City Council Item E1 Public Hearing on Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located near 1515 West 2nd Street Tuesday, October 12, 2010 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: October 28, 2008 Subject: Request of Olsson Associates on behalf of Ms. Helen Forman for a Conditional Use Permit for a Temporary Trailer Located at 1515 West 2nd Street Item #’s: E-1 & H-1 Presenter(s): Craig Lewis – Building Department Director Background This request is for approval of a conditional use permit to allow for the placement of a vapor extraction trailer to facilitate the removal of petroleum contamination 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. The request is for approval for a five year period. Discussion This proposal is to allow for the use of the trailer at the site to aid in the clean up of groundwater. The proposed length of time is for five years, however the City code provides for a two year approval with the possibility of subsequent approvals. The site location is such that it would not appear that this request will have any negative impact on the neighboring properties, and no concerns have been presented. The proposal includes the installation of a cedar picket fence for screening. It does appear appropriate to include this as a condition to any approval as the Business Improvement District and local property owners have a considerable investment in providing landscaping along the 2nd Street corridor. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for a Conditional Use Permit finding that the proposed application is and will continue to be in conforma nce with the purpose of the zoning regulations. 2. Disapprove or /Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3. Approve the request with additional or revised conditions and a finding of fact. 4. Refer the matter to a special committee for a determination of a finding of fact. Recommendation Approve the request with the condition that the proposed picket fence be maintained at a height of 6’ around the trailer and associated equipment during the duration of the conditional use permit and for a two year period, finding that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the request for a conditional use permit to allow for the use of a temporary vapor extraction facility for a two year period, including staff recommendations, finding that the application conforms with the purpose of the zoning regulations. Item E2 Public Hearing on Acquisition of Utility Easement - 2923 and 2915 West Louise Street - Rhoads Enterprises, Inc. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 12, 2010 Subject: Acquisition of Utility Easement – 2923 & 2915 West Louise Street – Rhoads Enterprises, Inc. Item #’s: E-2 & G-13 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Rhoads Enterprises, Inc., located at 2923 and 2915 West Louise Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Rhoads Enterprises, Inc. is constructing two four unit apartments at the addresses listed. The power needed will be fed from a pad-mounted transformer between the two buildings. The easement will be used to locate the transformer and needed underground cable. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council appr ove the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing on Acquisition of Utility Easement - 3321 Island Circle & 702 South Webb Road - GMD, LLC & Lacy Construction Company Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: October 12, 2010 Subject: Acquisition of Utility Easement – 3321 Island Circle and 702 South Webb Road – GMD, LLC & Lacy Construction Item #’s: E-3 & G-14 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of GMD, LLC & Lacy Construction Company located along the south side of property located at 3321 Island Circle and 702 South Webb Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Lacy Construction is constructing a new building for GMD which will need electrical service and a new transformer. This easement will be used to locate the primary electrical cable and another new transformer. It will also allow the Utilities Department to create a loop through the property so each transformer will have the ability to be fed from two directions which will improve reliability. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska) Tuesday, October 12, 2010 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: October 12, 2010 Subject: Public Hearing on Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska) Item #’s: E-4 & G-16 Presenter(s): Steven P. Riehle, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing be conducted with the acquisition approved by the City Council. Through an Inter-Local Agreement, entered into on April 6, 1992 between the City and Hall County, it is stated that upon completion of its improvements and construction obligations Hall County shall transfer to the City of Grand Island that portion of South Locust Street between the Grand Island city limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange. Discussion With the completion of the 4-lane roadway on South Locust Street it is now time to complete the transfer of the portion of South Locust Street named in the Inter-Local Agreement. The County Board approved the transfer of real estate to the City at their September 28, 2010 meeting. Since the City is taking over maintenance of this section of Locust Street, Public Works Administration will bring forward a resolution for council to refer the property to the RPC for them to consider annexation of the right-of-way into City limits. 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 conduct a Public Hearing and approve acquisition of that portion of South Locust Street between the Grand Island city limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange. Sample Motion Move to approve the acquisition. Item F2 #9278 - Consideration of Amending Ordinance No. 9141 for Sidewalk District No. 1, 2007 (Second and Final Reading) Tuesday, October 12, 2010 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: October 12, 2010 Subject: Amending Ordinance No. 9141 for Sidewalk District No. 1, 2007 (Second and Final Reading) Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background On September 25, 2007 City Council approved Ordinance No. 9141, which created Sidewalk District No. 1, 2007. Property owners at 519 & 523 E 14th Street, which are in Sidewalk District No. 1, 2007, have requested their two (2) lots be removed from the District, as they are on a dead end street that leads to the overhead railway. Council action is necessary to make any amendments to an Ordinance. Discussion All locations included in Sidewalk District No. 1, 2007, except 519 & 523 E 14th Street; 706 Kennedy Drive; and 424 E 14th Street have sidewalk installed. In order to final this project and assess the properties involved, a resolution needs to be reached as to whether the property at 519 & 523 E 14th Street will be removed from the District or if the sidewalk will be built. Council considered the request at the September 28, 2010 regular council meeting and passed the ordinance on 1st reading. The ordinance to remove the properties at 519 & 523 E 14th Street from the sidewalk district was passed based on council’s finding of fact that requiring sidewalk does not serve a public purpose. This evening’s council meeting could be the 2nd and final reading for the ordinance. 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 amend Ordinance No. 9141 to remove the property at 519 E 14th Street and 523 E 14th Street from Sidewalk District No. 1, 2007. Sample Motion Move to approve amendment of Ordinance No. 9141. Approved as to Form ¤ ___________ October 8, 2010 ¤ City Attorney ORDINANCE NO. 9278 An ordinance to amend Ordinance No. 9141; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. WHEREAS, City Council has approved removing 519 E 14th Street and 523 E 14th Street from Sidewalk District No. 1, 2007. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. 519 E 14th Street and 523 E 14th Street are hereby removed from Sidewalk District No. 1, 2007. SECTION 2. The district where sidewalks shall be constructed shall include the following lots and parcels of ground: ADDRESS LEGAL DESCRIPTION 507 E 13th St Lot 4, Block 65, Wheeler & Bennett’s 2nd Addition 511 E 13th St Lot 3, Block 65, Wheeler & Bennett’s 2nd Addition 515 E 13th St Lots 1 & 2, Block 65, Wheeler & Bennett’s 2nd Addition 412 E 14th St Lot 8, Block 78, Wheeler & Bennett’s 3rd Addition 424 E 14th St Lot 10, Block 78, Wheeler & Bennett’s 3rd Addition 504 E 14th St Lot 6, Block 79, Wheeler & Bennett’s 3rd Addition 507 E 14th St Lot 4, Block 66, Wheeler & Bennett’s 2nd Addition 304 E 16th St Lot 6, Block 91, Wheeler & Bennett’s 4th Addition 667 Bischeld St Lot 1, Block 9, Meves 1st Addition 2224 S Blaine St Lot 1, Elmer’s Subdivision 2226 S Blaine St Lot 2, Elmer’s Subdivision, an addition to the City of Grand Island, Hall County, Nebraska, excepting therefrom a tract conveyed to the City of Grand Island by warranty deed recorded as Document NO. 88-101716 2305 S Blaine St Lots 31 & 33, Block C, Parkview Subdivision 2315 S Blaine St Lots 32 & 34, Block C, Parkview Subdivision 2409 S Blaine St Lot 40, Block D, Parkview Subdivision ORDINANCE NO. 9278 (Cont.) - 2 - 2410 S Blaine St A tract of land comprising a part of the West Half of the Northeast Quarter (W1/2NE1/4) of Section Twenty-Nine (29), Township Eleven (11) North, Range Nine (9) West of the 6th p.m., in Hall County, Nebraska, more particularly described as follows: Beginning at a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4), said point being One Thousand Three Hundred Twenty-Five and Seven Tenths (1,325.7) feet west and One Thousand Three Hundred Twenty- One and Five Tenths (1,321.5) feet south of the northeast corner of said Section Twenty-Nine (29); thence running westerly and parallel to the north line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Four Hundred Twenty- Eight (428.0) feet; thence southerly parallel to the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Nine and Fifty-Five Hundredths (609.55) feet; thence easterly, a distance of Four Hundred Twenty-Eight (428.0) feet, to a point on the east line of said West Half of the Northeast Quarter (W1/2NE1/4); thence northerly along the east line of said West Half of the Northeast Quarter (W1/2NE1/4), a distance of Six Hundred Ten and Seven Tenths (610.7) feet to the place of beginning and containing 5.995 acres, more or less. 4177 W Capital Ave The easterly Eighty Eight and Ninety Four Hundredths (88.94) feet of Lot Two (2) and the westerly Nineteen and Seventy Hundredths (19.70) feet of Lot Three (3) in Sunset Subdivision, in the North Half of the Northeast Quarter (N1/2NE1/4) of Section Eleven (11), Township Eleven (11) North, Range Ten (10), West of the 6th p.m., in Hall County, Nebraska. 230 S Cherry St Lot 5, Griesman Subdivision 234 S Cherry St Lot 4, Griesman Subdivision 238 S Cherry St Lot 3, Griesman Subdivision 246 S Cherry St Lot 1, Griesman Subdivision 250 N Darr Ave Lot 4, and the South Six (6) feet of Lot Five (5), Block 20, Packer & Barr’s 2nd Addition 667 Groff St Lot 1, Block 10 Joehnck’s Addition 706 Kennedy Dr Lot 10, Block 1, Colonial Estates 2nd Subdivision 2104 W North Front St Lot 1, Block 13, Packer & Barr’s Addition 2117 W North Front St The Easterly One-Half (E1/2) of Lot 6, in Block Twenty (20), in Packer & Barr’s 2nd Addition 2123 W North Front St The West Half (W1/2) of Lot Six (6), in Block Twenty (20), in Packer & Barr’s 2nd Addition 414 N Oak St Lot 2, Habitat for Humanity Subdivision 2526 Pioneer Ave Lot 2, Parkview 2nd Subdivision ORDINANCE NO. 9278 (Cont.) - 3 - 359 S Plum St The North Fifty-Four (54) Feet of Lot Twenty Two (22), in Block One (1), in Koehler Place an addition to the City of Grand Island, Hall County, Nebraska and also a certain part of Lot Twenty-Two (22) in Block One (1), Koehler Place as originally platted, more particularly described in warranty deed recorded as Document No. 97-104819 828 Saint Paul Rd Lot 1, Nabob Subdivision – Being a part of Lot Twenty (20), part of Lots Twenty-One (21) and Twenty Two (22) of the County Subdivision of the West Half of the Southwest Quarter (W1/2SW1/4) of Section Ten (10), Township Eleven (11) North, Range Nine (9), West of the 6th p.m., Hall County, Nebraska and in part of Lots One (1) and Two (2) and Three (3), Block Four (4), Voitle’s Addition, all in the City of Grand Island, Hall County, Nebraska 930 Saint Paul Rd Lot 5, Nabob Subdivision 1020 Saint Paul Rd Those portions of Lots 1, 2, 3, 4, 7, 8, and 9 of Block 33 of Russell Wheeler’s Addition to Grand Island, Hall County, Nebraska, lying West of Saint Paul Road and lying Easterly of a line drawn parallel with a distance 65.0 feet Easterly, as measure at right angles from the Westerly line of said Block 33 AND also known as a tract of land comprising all of Lots Two (2), Three (3) and Eight (8) and a part of Lots Four (4) and Seven (7) and that part of the vacated alley lying adjacent to said aforementioned lots, all being in Block Thirty Three (33), Russell Wheeler’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the point of intersection of the northwesterly line of said Block Thirty Three (33) and the Westerly right of way line of Saint Paul Road; thence running Southerly, along and upon said Westerly right of way line of Saint Paul Road, a distance of Two Hundred Eighty Nine and Forty Seven Hundredths (289.47) feet; thence deflecting right 150 degrees 06’24’ and running northwesterly, a distance of Two Hundred Fifty Two and Five Tenths (252.50) feet to a point on the Northwesterly line of said Block Thirty Three (33); thence deflecting right 90 degrees 36’49” and running Northeasterly along and upon the northwesterly line of said Block Thirty Three (33), a distance of One Hundred Forty Four and Twenty Seven Hundredths (144.27) feet to the point of beginning 1804 N Webb Rd Lot 1, Conestoga North Subdivision 1812 N Webb Rd Lot 2, Conestoga North Subdivision 1816 N Webb Rd Lot 3, Conestoga North Subdivision ORDINANCE NO. 9278 (Cont.) - 4 - SECTION 3. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 4. 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: October 12, 2010. ____________________________________ Margaret Hornady, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 28, 2010 City Council Regular Meeting Tuesday, October 12, 2010 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 September 28, 2010 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 28, 2010. Notice of the meeting was given in The Grand Island Independent on September 22, 2010. Mayor Hornady called the meeting to order at 7:00 p.m. The following City Council members were present: Meyer, Niemann, Dugan, Ramsey, Zapata and Gericke. Councilmember’s Gilbert, Haase, Carney, and Nickerson were 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 Andres Gamboa, Reyna Raymundo and Board Member Jarod Stockwell. Mayor Hornady thanked Lee Elliott for his 10 years of service on the Community Redevelopment Authority Board. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Public Power Week” October 3-9, 2010. Mayor Hornady proclaimed the week of October 3-9, 2010 as “Public Power Week”. Utilities Director Gary Mader was present to receive the proclamation. PUBLIC HEARINGS: Public Hearing on Request from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road for a Class “C” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “C” Liquor License had been received from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road. Ms. Edwards presented the following exhibits for the record: application submitted to the Liq uor Control Commission and received by the City on August 30, 2010; notice to the general public of date, time, and place of hearing published on September 18, 2010; notice to the applicant of date, time, and place of hearing mailed on August 30, 2010; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report. Bill Francis, Attorney, 222 North Cedar Street, for the applicant spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement Located South of Capital Avenue and West of Lynn Lane in Merrick County (Joel Leetch & Janet Stryker). Gary Mader, Utilities Director reported that a utility easement was needed south of Capital Avenue and west of Lynn Lane in Merrick County in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The easement would be used to place primary underground electric conduit, cable, and a pad-mounted transformer to provide electrical service to a new home. Staff recommended approval. No public testimony was heard. Page 2, City Council Regular Meeting, September 28, 2010 Public Hearing on Acquisition of Utility Easement Located at 2210 North Webb Road (James & Barbara Wiltgen). Gary Mader, Utilities Director reported that a utility easement was needed at 2210 North Webb Road in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformer. This easement would be used to provide electrical conduit, cable and a pad-mounted three phase transformer to a new Taco John’s restaurant. Staff recommended approval. No public testimony was heard. Public Hearing on the Semi-Annual Report by the Citizens’ Review Committee (CRC). Mark Stelk, CRC Chairman, 3117 Brentwood Drive gave the semi-annual report for the Citizens’ Review Committee. Mentioned was the intent of CRC to bring new businesses and jobs to Grand Island for future growth. No public testimony was heard. ORDINANCES: #9278 – Consideration of Amending Ordinance No. 9141 for Sidewalk District No. 1, 2007 (First Reading) Public Works Director Steve Riehle reported that property owners at 519 & 523 East 14th Street had requested their two lots be removed from the Sidewalk District No. 1, 2007 as they were on a dead end street that leads to the overhead railway. Discussion was held concerning other areas in the City where there were dead ends and if this would set a precedence if approved. Mr. Riehle stated the Sidewalk Committee discussed this issue and decided this was a dead end because of the railroad track and both properties were owned by the same person. City Attorney Dale Shotkoski stated issues like this needed to be decided on a case-by-case basis with public purpose in mind. Motion by Meyer, second by Niemann to approve Ordinance #9278 on First Reading. CONSENT AGENDA: Consent Agenda item G-4 was removed for further discussion. Motion by Zapata, second by Ramsey to approve the Consent Agenda excluding Item G-4. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 14, 2010 City Council Regular Meeting. Approving Minutes of September 21, 2010 City Council Special Meeting. Approving Appointment of Michelle Fitzke to the Community Redevelopment Authority Board. Approving Request from Robert Blue, 917 West 15th Street for Liquor Manager Designation for Firehouse Bar, 418 West 4th Street contingent upon Mr. Blue completing a state approved alcohol server/seller training program. Approving Request from Kristine Lange, 2021 West Louise Street for Liquor Manager Designation for Bullwinkle’s Bar & Grill, 2118 north Webb Road contingent upon Ms. Lange completing a state approved alcohol server/seller training program. Page 3, City Council Regular Meeting, September 28, 2010 #201-257 – Approving Semi-Annual Report by the Citizens’ Review Committee on the Economic Deve lopment Program Plan. #2010-258 – Approving Acquisition of Utility Easement Located South of Capital Avenue and West of Lynn Lane in Merrick County (Joel Leetch & Janet Stryker). #2010-259 – Approving Acquisition of Utility Easement Located at 2210 North Webb Road (James & Barbara Wiltgen). #2010-260 – Approving Certificate of Final Completion for Water Main Project 2010-W-1; Poplar Street between 9th and 12th Streets with Diamond Engineering Company of Grand Island, Nebraska. #2010-261 – Approving Agreement with the Nebraska Game and Parks Commission for Hunter Education Program. #2010-262 – Approving Change Order No. 1 for Furnishing and Installation of Ball Field Lighting at the Veterans Athletic Field Complex with Ensley Electrical Services, Inc. of Grand Island, Nebraska for an Increase of $8,370.00 and a Revised Contract Amount of $239,647.00. #2010-263 – Approving Bid Award for Purchase and Installation of Sod at the Veteran’s Athletic Field Complex with Tilley Sprinkler Systems of Grand Island, Nebraska in an Amount of $46,629.00. #2010-264 – Approving Bid Award for Root Foaming Machine for the Wastewater Treatment Plant with Douglas Products and Packaging of Liberty, Missouri in an Amount of $24,000.00. #2010-265 – Approving Bid Award for Root Foaming Chemical for the Wastewater Treatment Plant with Douglas Products and Packaging of Liberty, Missouri in an Amount of $290.00 Unit Price. #2010-266 – Approving Contract with Ameritas Investment Corp of Omaha, Nebraska for Bond Underwriter. #2010-267 – Approving Annual Agreement for Financial Software Licensing and Support with Tyler Technologies, Inc. for Laserfiche Interface in an Amount of $4,365.90. Approving Garbage Permits for Clark Brother Sanitation, Heartland Disposal, Mid-Nebraska Disposal and Refuse Permits for Full Circle and O’Neill Transportation and Equipment. Discussion was held regarding signage on the garbage trucks and where the waste was being delivered. City Administrator Jeff Pederson stated in order to have all garbage haulers deliver to the City landfill there would need to be contracts in place, which currently there were none. Motion by Meyer, second by Gericke to approve the Garbage Permits. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, September 28, 2010 RESOLUTIONS: #2010-268 – Consideration of Request from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road for a Class “C” Liquor License and Liquor Manager Designation for Jackie Rezac, 1512 E. Stolley Park Road. This item related to the aforementioned Public Hearing. Discussion was held regarding the spouses information on the application. Bill Francis stated this was a corporation and it didn’t fall under the Nebraska State Statute §53-125(13). Police Chief Steve Lamken commented on Mr. Rezac’s criminal history and the fact that the financial papers had his name on them. He recommended the Council deny the application. Motion by Ramsey, second by Zapata to deny Resolution #2010-268 based upon the Police Department report that the applicant’s spouse, Richard Rezac listed a “Fed Felony” conviction which is ineligible under Nebraska State Statute §53-125 (13). Upon roll call vote, Councilmember’s Meyer, Niemann, Ramsey, Zapata, and Gericke voted aye. Councilmember Dugan voted no. Motion failed. Motion by Dugan, second by Ramsey to forward the application from Rezac Enterprizes, Inc. dba Tiki Lounge, 3333 Ramada Road for a Class “C” Liquor License to the Liquor Control Commission with no recommendation. Upon roll call vote, Councilmember’s Meyer, Niemann, Dugan, Ramsey, and Zapata voted aye. Councilmember Gericke voted no. Mayor Hornady cast the deciding vote. Motion adopted. #2010-269 – Consideration of Approving Funding of Economic Development Request. This item related to the aforementioned Public Hearing. Motion by Meyer, second by Niemann to approve Resolution #2010-269. 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 September 15, 2010 through September 28, 2010, for a total amount of $3,286,707.74. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of September 15, 2010 through September 28, 2010 for the Veterans Athletic Field Complex for a total amount of $185,232.58. Unanimously approved. Motion by Dugan, second by Ramsey to approve the Claims for the Period of September 15, 2010 through September 28, 2010 for the State Fair Recreation Building for a total amount of $420,956.00. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. RaNae Edwards City Clerk Item G2 #2010-270 - Approving City Council Meeting Schedule for 2011 Tuesday, October 12, 2010 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: October 12, 2010 Subject: City Council Meeting Schedule for 2011 Item #’s: G-2 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005 amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the discretion of the City Council. Discussion The City Clerk has prepared the proposed 2011 meeting schedule. This provides for the first City Council meeting to be a Regular Meeting on Tuesday, January 11, 2011. See attached proposed meeting dates. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the 2011 meeting schedule as presented 2. Refer the issue to a Committee 3. Modify the 2011 meeting schedule to meet the wishes of the Council 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed 2011 City Council meeting schedule. Sample Motion Move to approve the 2011 City Council meeting schedule as proposed. PROPOSED 2011 CITY COUNCIL MEETING DATES January 11, 2011 July 12, 2011 January 25, 2011 July 26, 2011 February 8, 2011 August 9, 2011 February 22, 2011 August 23, 2011 March 8, 2011 September 13, 2011 March 22, 2011 September 27, 2011 April 12, 2011 October 11, 2011 April 26, 2011 October 25, 2011 May 10, 2011 November 8, 2011 May 24, 2011 November 22, 2011 June 14, 2011 December 6, 2011 June 28, 2011 December 20, 2011 Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-270 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council of the City of Grand Island, Nebraska will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates: 2011 City Council Meetings: January 11, 2011 July 12, 2011 January 25, 2011 July 26, 2011 February 8, 2011 August 9, 2011 February 22, 2011 August 23, 2011 March 8, 2011 September 13, 2011 March 22, 2011 September 27, 2011 April 12, 2011 October 11, 2011 April 26, 2011 October 25, 2011 May 10, 2011 November 8, 2011 May 24, 2011 November 22, 2011 June 14, 2011 December 6, 2011 June 28, 2011 December 20, 2011 - - - Adopted by the City Council of the City of Grand Island, Nebraska on October 12, 2010. _____________________________________ Margaret Hornady, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Item G3 #2010-271 - Approving Agreement for Funding with the Central Nebraska Ethnic Festival Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Council Agenda Memo From: Jeff Pederson, City Administrator Meeting: October 12, 2010 Subject: Approving Funding Contracts for Outside Agencies Item #’s: G-3 thru G-11 Presenter(s): Jeff Pederson, City Administrator Background As part of the City’s budget process, Outside Agencies were asked to and submitted their budget requests. Discussion Resolutions #2010-271 through #2010-279 are agreements with these agencies to provide their services. No agreement is needed with the Central District Health Department, as there is a current inter-local agreement in place with them which details their services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the contracts with the Outside Agencies 2. Postpone the issue to a future date 3. Modify the Resolution to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the Outside Agency agreements. Sample Motion Move to approve the Funding Agreements for the Outside Agencies. Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-271 WHEREAS, the Central Nebraska Ethnic Festival has planned, coordinated, and conducted an ethnic festival each year for the past ten years to celebrate and support the various ethnic cultures throughout the community; and WHEREAS, the City of Grand Island has provided office space, supplies and the use of office equipment to the Central Nebraska Ethnic Festival in support of this annual event; and WHEREAS, the value of providing such office space, supplies and equipment is approximately $300; and WHEREAS, it has been recommended that a contract between the Central Nebraska Ethnic Festival and the City of Grand Island be entered into which outlines the obligations of each party, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a contract be entered into between the City and the Central Nebraska Ethnic Festival to provide office space and supplies and the use of office equipment to the Central Nebraska Ethnic Festival through September 30, 2011 to plan, coordinate and conduct the annual Central Nebraska Ethnic Festival. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Central Nebraska Ethnic Festival on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2010-272 - Approving Agreement for Funding with the Crisis Center, Inc. This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-272 WHEREAS, the City is authorized by state law to contract with The Crisis Center, Inc., a non-profit agency, to provide services to victims of family violence and sexual assault; and WHEREAS, the City desires to enter into a contract with The Crisis Center to provide such services to victims of family violence and sexual assault; and WHEREAS, the City shall provide funding to The Crisis Center in the amount of $7,680 during fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Crisis Center, Inc. to provide services to victims of family violence and sexual assault. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Crisis Center on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2010-273 - Approving Agreement for Funding with the Grand Island Area Council for International Visitors This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-273 WHEREAS, the City is authorized by state law to contract with the Grand Island Area Council For International Visitors, a non-profit agency, to provide cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community; and WHEREAS, the City desires to enter into a contract with the Grand Island Area Council for International Visitors to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Area Council for International Visitors in the amount of $640 during fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Area Council for International Visitors to provide funding in the amount of $640 in support of cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Area Council for International Visitors on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 11, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2010-274 - Approving Agreement for Funding with the Convention & Visitors Bureau This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-274 WHEREAS, the City is authorized by state law to contract with the Grand Island Hall County Convention and Visitors Bureau, a non-profit agency, to market and promote tourism and convention activities in the area; and WHEREAS, the City desires to enter into a contract with the Grand Island Hall County Convention and Visitors Bureau to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Hall County Convention and Visitors Bureau in the amount of $6,400 during the fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Hall County Convention and Visitors Bureau to provide funding in the amount of $6,400 in support of tourism and convention activities in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Hall County Convention and Visitors Bureau on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2010-275 - Approving Agreement for Funding with Izaak Walton Kids Fishing Derby This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-275 WHEREAS, in June, 2010, the thirteenth annual “Izaak Walton Kids Fishing Derby” was held at the Nebraska Veterans Home Lake in Grand Island; and WHEREAS, the goal of this event is to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol; and WHEREAS, the City agrees to pay the Fishing Derby $1,280 for performing agreed upon services during the 2010-2011 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Fishing Derby to perform services to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Fishing Derby on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2010-276 - Approving Agreement for Funding with Hope Harbor This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-276 WHEREAS, the City is authorized by state law to contract with Hope Harbor, formerly known as Community Humanitarian Resource Center, a non-profit agency, to assist in the operation of a transitional homeless shelter, emergency services and referrals to the needy and other service providers in the Grand Island area; and WHEREAS, the City desires to enter into a contract with Hope Harbor to provide such services; and WHEREAS, the City shall provide funding to Hope Harbor in the amount of $2,880 during fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Hope Harbor to assist in the operation of the transitional homeless shelter in Grand Island and to offer emergency services and referrals to the needy and other service providers in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Hope Harbor on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2010-277 - Approving Agreement for Funding with the Grand Island Multicultural Coalition This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-277 WHEREAS, the City is authorized by state law to contract with The Multicultural Coalition, a non-profit agency, to provide for the needs of the increasingly culturally diverse city of Grand Island; and WHEREAS, the City desires to enter into a contract with The Multicultural Coalition to provide a comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services and stretches limited financial resources of service providers; and WHEREAS, the City shall provide funding to The Multicultural Coalition in the amount of $6,400 during fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Multicultural Coalition to provide services to the increasingly culturally diverse City of Grand Island. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Multicultural Coalition on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2010-278 - Approving Agreement for Funding with Senior Citizens Industries, Inc. This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-278 WHEREAS, the City is authorized by state law to contract with Senior Citizens Industries, Inc., a Nebraska non-profit corporation, to provide the equipment, buildings, utilities and goods including food to provide services to elderly and handicapped individuals; and WHEREAS, the City desires to enter into a contract with Senior Citizens Industries, Inc. to provide such services; and WHEREAS, the City shall provide funding to Senior Citizens Industries in the amount of $9,600 during fiscal year 2010-2011 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Senior Citizen Industries, Inc. to provide the equipment, buildings, utilities and goods including food to provide services to elderly and physically challenged individuals. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Senior Citizens Industries, Inc. on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2010-279 - Approving Agreement for Funding with Clean Community System This item relates to the aforementioned Consent Agenda Item G-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Jeff Pederson City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-279 WHEREAS, the City is authorized to establish and provide for the support of any service, facility or system required by the Integrated Solid Waste Management Act; and WHEREAS, the City desires to contract with Grand Island Area – Clean Community System to perform certain services associated with environmental education which are required by the Integrated Solid Waste Management Act; and WHEREAS, the City agrees to pay Grand Island Area – Clean Community System $20,000 for performing agreed upon services during the 2010-2011 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Grand Island Area – Clean Community System to perform services associated with environmental education. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Grand Island Area – Clean Community System on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2010-280 - Approving Memorandum of Understanding for Nebraska Foster Youth Council Project Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Joni Kuzma City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Meeting: October 12, 2010 Subject: Approve Memorandum of Understanding for Nebraska Foster Youth Council Project Item #’s: G-12 Presenter(s): Joni Kuzma, Community Development Administrator Background The Nebraska Children and Families Foundation (NCFF) offered the City, through the Coalition for Children (CfC), an opportunity to enhance resources and support for youth with foster care experience in our community and in Nebraska. NCFF has funded a variety of programs and collaboration building activities in Grand Island for almost 15 years. For the past four years, the CfC has been building mutual community partnerships, with guidance from NCFF, in preparation for this and other projects that enhance the Child Well-being Prevention System of Care. The CfC invited Coalition members and other interested parties to submit proposals to conduct the work outlined by NCFF to create a local Foster Youth Council. Court Appointed Special Ad vocates (CASA) submitted a proposal and has agreed to carry out the scope of work as outlined in Attachment A: Scope of Services (Items A and C) and to meet grant requirements identified in the Independent Contractor Agreement between the City and NCFF. Discussion The Foster Youth Advisor and Council Development offer generally includes: · Financial support of up to $10,000 to select and provide funding for a part-time staff person to enhance and support a local Nebraska Foster Youth Council (NFYC) Chapter. · Additional financial support of up to $2,000 for facilitating monthly Nebraska Foster Youth Council meetings in Central Nebraska · Technical support to assist in creating a strategic plan for foster youth · $1,000 for community partner meeting expenses The City will act as fiscal agent. The Coalition for Children in collaboration with Community Development will work with CASA to carry out the Scope of Work, Items A and C, between October 1, 2010 and January 31, 2011. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Memorandum of Understanding 2. Refer the issue to a Committee 3. Postpone the issue to future date Recommendation City administration recommends that Council approve the Memorandum of Understanding. Sample Motion Move to approve the Memorandum of Understanding with the Coalition for Children and Court Appointed Special Advocates for the specified project and authorize the Mayor to sign all related documents. MEMORANDUM OF UNDERSTANDING NEBRASKA FOSTER YOUTH COUNCIL INITIATIVE This Memorandum of Understanding is approved and executed on this 12th day of October, 2010, by THE CITY OF GRAND ISLAND (The City), COURT APPOINTED SPECIAL ADVOCATES (CASA), and the COALITION FOR CHILDREN (CfC). I. Project Description. The purpose of this Memorandum of Understanding is to state the general terms, conditions, scope of work and commitments of respective parties to administer and meet the contract specifications of the “Nebraska Foster Youth Council” grant award to the City of Grand Island by the Nebraska Children and Families Foundation. This document will outline the understanding between the parties to this agreement to enhance resources and supports for youth with foster care experience in Grand Island and surrounding communities through a collaborative assessment and planning process. II. Background. The Nebraska Children and Families Foundation (NCFF) offered the City, through the CfC, an opportunity to enhance resources and support for youth with foster care experience in our community and in Nebraska.. NCFF has funded a variety of programs and collaboration building activities in Grand Island for almost 15 years. For the past four years, the CfC has been building mutual community partnerships, with guidance from NCFF, in preparation for this and other projects that enhance the Child Well-being Prevention System of Care. The CfC invited Coalition members and other interested parties to submit proposals to conduct the work outlined by NCFF to create a local Foster Youth Council. CASA submitted a proposal and has agreed to carry out the scope of work as outlined in Attachment A: Scope of Services and to meet grant requirements identified in the Independent Contractor Agreement between the City and NCFF. III. Recitals. WHEREAS, the City of Grand Island, a Nebraska Municipal Corporation, is an eligible applicant, collaborates with the Coalition for Children and Court Appointed Special Advocates. and has received a grant award for funding the creation of a Foster Youth Council in Central Nebraska; and WHEREAS, the Nebraska Children and Families Foundation has asked the Coalition for Children to identify a Host Agency for this project; and WHEREAS, Court Appointed Special Advocates has expressed interest and intent to act in the capacity of Host Agency in collaboration with the Coalition for Children; and NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 2 IV. Roles and Responsibilities City of Grand Island, Hall County, Nebraska will · Act as the fiscal agent for the cooperative agreement; · Ensure compliance with spending and reporting requirements of NCFF; · Support the collaborative efforts of the project by providing meeting space and other support; · Designate staff members from appropriate departments (i.e. the Police Department and Community Development Division) to participate on the Coalition for Children; · Approve the proposed project budget in collaboration with the CfC and expenditures for reimbursement. Coalition for Children, local collaborative for Child Well-being, will · Identify the Host Agency · Collaborate with Director and staff of CASA support NFYC Chapter activities and events; · Oversee Host Agency deliverables · Participate on Community Youth Partnership Board · Assist in community engagement and NFYC Chapter Start-Up · In collaboration with CASA and NCFF, create a Foster Youth Council, community environmental scan, and a local Community Partnership Board during Phase 1; Phase 2 includes the development of a sustainability plan and a final Project Everlast Plan · Approve the proposed project budget. Court Appointed Special Advocates will · Dedicate employed staff members and volunteers to provide the services outlined in Attachment A: Scope of Services; · Support growth of the collaborative effort; · Submit monthly documentation to the CfC and the City on progress meeting outlines in Attachment A: Scope of Work and the Foster Youth Initiative; · Submit financial documentation for all expenditures attributable to allowable costs; · Maintain confidentiality about youth participating in the Foster Youth Council; · Provide facilities for program service objectives; 3 · In collaboration with CASA and NCFF, create a Foster Youth Council, community environmental scan, and a local Community Partnership Board during Phase 1; Phase 2 includes the development of a sustainability plan and a final Project Everlast Plan V. Time Line . The beginning and ending dates of this collaborative effort would coincide with the approved NCFF grant period of October 1, 2010 to January 31, 2011, or any subsequent extension or amendment as approved by NCFF. Any previously approved MOU will become null and void as of the effective date of this document. VI. Nothing in this MOU is intended to create a legal partnership, joint venture, or agency relationship between the parties. VII. The City of Grand Island reserves the right to withdraw from participation in this agreement at any time during the grant period. VIII. Funding This MOU includes the reimbursement of funds between the two parties. The Foster Youth Advisor and Council Development offer generally includes: · Financial support of up to $10,000 to select and provide funding for a part-time staff person to enhance and support a local Nebraska Foster Youth Council (NFYC) Chapter. · Additional financial support of up to $2,000 for facilitating monthly Nebraska Foster Youth Council meetings in Central Nebraska · Technical support from NCFF to assist in creating a strategic plan for foster youth · $1,000 for community partner meeting expenses IX. Record Retention All records must be retained for three years from fiscal closure. This requirement applies to fiscal records, reports and client information. Supporting documentation may be kept at the subcontractor level, but must be available for review for three years from the date of quarterly claim submittal. Any costs that cannot be substantiated by source documents will be disallowed as charges to the project. X. Future Amendments. Occasionally the undersigned may jointly desire to amend the terms of this Memorandum of Understanding for any future agreement. Such consent shall not be unreasonably withheld but must be acknowledged in writing by all original parties to this Memorandum of Understanding before going into effect. 4 APPROVAL We, the undersigned have read and agree with this MOU. Further, we have reviewed the portion of the proposed project budget pertaining to the collaborative effort described here, and approve it. By ________________________________ Diana Meyer, Executive Director Court Appointed Special Advocates Date _______________________________ By_________________________________ Robbie Wilke, Board Chair Court Appointed Special Advocates By _____________________________ Margaret Hornady, Mayor City of Grand Island Date __October 12, 2010___________ By_________________________________ By_________________________________ By_________________________________ By_________________________________ Coalition for Children Steering Committee Date ___________________________ (Dave Reed) (Randy See) (Beth Schuler) (Joni Kuzma, Grant administrator) ATTEST: ________________________________ RaNae Edwards, City Clerk Date____________________________ Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-280 WHEREAS, the Nebraska Children and Families Foundation is awarded a Foster Youth Advisory and Council Development grant to the City of Grand Island; and WHEREAS, the grant includes financial support of up to $13,000 to complete a community assessment and strategic plan for foster youth; WHEREAS, a Foster Youth Council must be formed and a community assessment completed by January 31, 2011, or as amended or extended by the Nebraska Children and Families Foundation; WHEREAS, the Coalition for Children sought independent proposals for a Host Agency to coordinate the project in collaboration with Coalition members and Community Development; and WHEREAS, Court Appointed Special Advocates (CASA) submitted a proposal and has agreed to carry out the Scope of Work as identified by the Nebraska Children and Families Foundation; and WHEREAS, the Coalition will work closely with CASA in completing the project; and WHEREAS, the City of Grand Island will serve as fiscal agent for dispersing grant funds and monitoring expenses; and WHEREAS, a Memorandum of Understanding has been prepared outlining the responsibilities of the City of Grand Island, the Coalition for Children and Court Appointed Special Advocates; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Understanding between the City, the Coalition for Children and Court Appointed Special Advocates is approved and that the Mayor is hereby authorized and directed to execute any related documents on behalf of the City of Grand Island for such agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2010-281 - Approving Acquisition of Utility Easement - 2923 and 2915 West Louise Street - Rhoads Enterprises, Inc. This item relates to the aforementioned Public Hearing Item E-2. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-281 WHEREAS, a public utility easement is required by the City of Grand Island, from Rhoads Enterprises, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 12, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: The southerly twenty (20.0) feet of the westerly ten (10.0) feet of Lot Three (3), Block Four (4), Gladstone Place; and the southerly twenty (20.0) feet of the easterly ten (10.0) feet of Lot Four (4), Block Four, Gladstone Place. The above-described easement and right-of-way containing a combined total of 400 square feet, more or less, as shown on the plat dated 9/17/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Roads Enterprises, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2010-282 - Approving Acquisition of Utility Easement - 3321 Island Circle and 702 South Webb Road - GMD, LLC & Lacy Construction This item relates to the aforementioned Public Hearing Item E-3. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-282 WHEREAS, a public utility easement is required by the City of Grand Island, from GMD, LLC and Lacy Construction Company to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on October 12, 2010, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand, Hall County, Nebraska; and more particularly described as follows: ` The southerly twenty (20.0) feet of Lot One (1) Lacy Second Subdivision and the southerly twenty (20.0) feet of Lot Two (2) Lacy Second Subdivision. The above-described easement and right-of-way containing a total of 0.32 acres, more or less, as shown on the plat dated 9/27/2010, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from GMD, LLC & Lacy Construction Company on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2010-283 - Acquisition of Utility Easements for St. Libory Transmission Line by Condemnation - Leisers - Tracts 6 & 10 Tuesday, October 12, 2010 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, City Attorney Meeting: October 12, 2010 Subject: Acquisition of Utility Easements – George W. Leiser, Trustee and William G. and Sandra K. Leiser 115 kV Line; Tracts 6 and 10 Item #’s: G-15 Presenter(s): Gary R. Mader, Utilities Director Background The Electric Department has electric distribution substations connected at various distances along a 115 kV transmission loop. The loop generally runs along the outer edge of the urban area, providing power to the substations and providing power supply redundancy by use of the looped configuration. A map of the transmission system is attached for reference. Substations reduce voltage from the 115,000 volt level to 13,800 volts for distribution to individual customers across the City. Substations “E,” located north of Swift on the east side of the loop, and “F,” located north of Menards on the west side of the loop, are the newest substations. They were placed in initial service in 2001, and completed in 2007. Recognizing that the City is continuing to grow, that future transmission line construction will occur and that reliability improvement is always important, Substations “E” and “F” were constructed with provisions to accept additional 115 kV transmission regional interconnections. In the long range plan of the Electric Department, these substations were designed for new transmission interconnections to meet future growth. The Utilities Department is currently in the process of acquiring easements to provide for the construction of an additional 115 kV transmission interconnection to the north of the City. Discussion Unlike the other 21 tracts associated with the transmission line construction project, we were unable to reach a negotiated settlement on two easements, Tract 6 (extending ½ mile north of Abbot Road), and Tract 10 (a ¼ mile long tract north of White Cloud Road). Both Tract 6 and 10 are owned by George W. Leiser, Trustee; William G. Leiser and Sandra K. Leiser, Husband and Wife. Maps of the easement locations are attached for reference. Because of the inability to reach a negotiated settlement, the City Attorney’s Office filed the appropriate court documents to proceed with the appointment of a Board of Appraisers and to proceed with a condemnation process to acquire the needed easements. The Board of Appraisers convened on Monday, September 27, 2010 at the Hall County Court House. After hearing testimony from the City and from the property owner, the hearing was re-convened at the locations of the properties in question where the appraisers viewed actual field conditions. The Board of Appraisers issued their findings later that same afternoon. Their ruling sets the value of the easement on Tract 6 at $3,590.00, and the value of the easement on Tract 10 at $1,615.00. A copy of Appraisers’ ruling is attached. Note: The attached appraisers’ document also refers to property owned by Norma, Jerry and Barbara Simonson. Prior to the hearing, a tentative negotiated settlement was reached with those parties. Therefore a hearing was not conducted and no rulings made on the Simonson’s properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the findings of the court appointed appraisers and authorize payme nt of $3,590.00 for the electrical easement on Tract 6 and payment of $1,615.00 for the electrical easement on Tract 10. Sample Motion Move to accept the findings of the court appointed appraisers and authorize payment of $3,590.00 for the electrical easement on Tract 6 and payment of $1,615.00 for the electrical easement on Tract 10. Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-283 WHEREAS, on April 28, 2009, by Resolution No. 2009-98, the City Council of Grand Island, Nebraska, authorized City staff to acquire certain tracts of land for a 115 kV transmission and substation system from Grand Island Utilities Department (GIUD) Substation F to Nebraska Public Power District’s St. Libory Junction Northwest of the City; and WHEREAS, a condemnation hearing was held in Hall County Court on September 27, 2010 wherein the Board of Appraisers issued their determination; for the acquisition of Tracts 6 and 10; and WHEREAS, in order to continue with the Transmission Line Project, it is necessary that the City deposit with Hall County Court the amount of $3,590.00 for Tract 6, and $1,615.00 for Tract 10, (total of $5,205.00) as determined by the Board of Appraisers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City deposit with the Hall County Court the sum of $3,590.00 for Tract 6, and $1,615.00 for Tract 10 (Total of $5,205.00), in accordance with the laws of eminent domain. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2010-284 - Approving Acquisition of a Portion of South Locust Street between the Grand Island City Limits and the Northernmost Terminus of the Exit Ramps to the Interstate 80 Interchange (County of Hall, Nebraska) This item relates to the aforementioned Public Hearing Item E-4. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-284 WHEREAS, on April 6, 1992, the City of Grand Island entered into an Inter- Local Cooperation Agreement with the Nebraska Department of Roads and Hall County, for the purpose of the improvement of South Locust Street and the construction of an interchange at the intersection of South Locust Street and Interstate 80; and WHEREAS, said Inter-Local Cooperation Agreement imposed upon the County of Hall, Nebraska certain obligations in furtherance of said improvement and construction project; and WHEREAS, said Inter-Local Cooperation Agreement further provides that upon completion of its improvements and construction obligations under said agreement, the County of Hall, Nebraska, shall transfer to the City of Grand Island, Nebraska, and the City shall accept all right and obligations the County may have in and to that portion of South Locust Street between the Grand Island city limits and the northernmost terminus of the exit ramps at the Interstate 80 interchange ; and WHEREAS, a public hearing was held on October 12, 2010, for the purpose of discussing the proposed acquisition of the portion of South Locust Street, particularly described as follows: Real property known as South Locust Street situated in Hall County, Nebraska: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 34, THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 193.77 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°36’52” RIGHT A DISTANCE OF 552.03 FEET; THENCE WESTERLY DEFLECTING 91°17’24” RIGHT A DISTANCE OF 32.82 FEET; THENCE SOUTHWESTERLY DEFLECTING 84°19’09” LEFT A DISTANCE OF 243.29 FEET; THENCE SOUTHERLY DEFLECTING 6°58’15” LEFT A DISTANCE OF 328.08 FEET; THENCE SOUTHEASTERLY DEFLECTING 8°31’52” LEFT A DISTANCE OF 66.35 FEET; THENCE SOUTHERLY DEFLECTING 8°31’52” RIGHT A DISTANCE OF 132.17 FEET; THENCE WESTERLY DEFLECTING 91°26’01” RIGHT A DISTANCE OF 29.54 FEET; THENCE SOUTHERLY DEFLECTING 91°26’01” LEFT A DISTANCE OF 229.46 FEET; THENCE SOUTHEASTERLY DEFLECTING 7°58’07” LEFT A DISTANCE OF 165.64 FEET; THENCE SOUTHERLY DEFLECTING 9°01’13” RIGHT A DISTANCE OF 926.70 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 90°25’45” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 117.70 - 2 - FEET TO THE SOUTHWEST CORNER OF SAID SECTION 34; THENCE NORTHERLY DEFLECTING 88°31’11” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 34 A DISTANCE OF 2,639.34 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 8.61 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33 THENCE SOUTHERLY ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 2,639.34 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE WESTERLY DEFLECTING 91°47’14” RIGHT A DISTANCE OF 79.43 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 89°37’17” RIGHT A DISTANCE OF 166.50 FEET; THENCE NORTHERLY DEFLECTING 1°24’30” LEFT A DISTANCE OF 721.78 FEET; THENCE NORTHWESTERLY DEFLECTING 4°17’21” LEFT A DISTANCE OF 131.60 FEET; THENCE NORTHERLY DEFLECTING 4°17’21” RIGHT A DISTANCE OF 299.98 FEET; THENCE NORTHEASTERLY DEFLECTING 7°55’15” RIGHT A DISTANCE OF 71.43 FEET; THENCE NORTHERLY DEFLECTING 7°55’15” LEFT A DISTANCE OF 137.71 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 377.38 FEET; THENCE NORTHWESTERLY DEFLECTING 17°55’46” LEFT A DISTANCE OF 191.83 FEET; THENCE NORTHERLY DEFLECTING 17°55’46” RIGHT A DISTANCE OF 551.81 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°03’18” RIGHT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 A DISTANCE OF 134.37 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 5.53 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 130.71 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 87°03’39” RIGHT A DISTANCE OF 402.17 FEET; THENCE SOUTHERLY DEFLECTING 2°57’32” RIGHT A DISTANCE OF 919.67 FEET; - 3 - THENCE SOUTHERLY DEFLECTING 2°51’05” LEFT A DISTANCE OF 1,322.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTHERLY DEFLECTING 2°32’33” RIGHT A DISTANCE OF 1,056.50 FEET; THENCE SOUTHERLY DEFLECTING 0°42’42” LEFT A DISTANCE OF 1589.72 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°15’19” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 137.51 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 88°44’10” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,645.95 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE NORTHERLY DEFLECTING 0°24’13” LEFT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 2,643.04 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 16.61 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 4, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 4; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,643.04 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTHERLY DEFLECTING 0°24’13” RIGHT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 2,645.95 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE WESTERLY DEFLECTING 91°12’27” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 85.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 88°48’07” RIGHT A DISTANCE OF 288.80 FEET; THENCE NORTHEASTERLY DEFLECTING 10°28’12” RIGHT A DISTANCE OF 108.33 FEET; THENCE NORTHERLY DEFLECTING 9°54’52” LEFT A DISTANCE OF 330.02 FEET; THENCE NORTHERLY DEFLECTING 0°33’40” LEFT A DISTANCE OF 596.69 FEET; THENCE NORTHWESTERLY DEFLECTING 7°56’35” LEFT A DISTANCE OF 165.88 FEET; THENCE NORTHERLY DEFLECTING 8°06’19” RIGHT A DISTANCE OF 1,158.41 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE NORTHERLY DEFLECTING 0°34’19” LEFT A DISTANCE OF 1,322.05 FEET; THENCE CONTINUING NORTHERLY DEFLECTING - 4 - 0°0’00” RIGHT A DISTANCE OF 1,322.31 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 91°42’40” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 A DISTANCE OF 81.90 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 9.56 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 140.58 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°14’10” RIGHT A DISTANCE OF 378.99 FEET; THENCE SOUTHERLY DEFLECTING 2°24’38” RIGHT A DISTANCE OF 195.30 FEET; THENCE SOUTHERLY DEFLECTING 2°59’57” LEFT A DISTANCE OF 2,068.22 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTHERLY DEFLECTING 2°02’55” LEFT A DISTANCE OF 595.53 FEET; THENCE SOUTHWESTERLY DEFLECTING 64°15’00” RIGHT A DISTANCE OF 103.31 FEET; THENCE SOUTHERLY DEFLECTING 62°24’44” LEFT A DISTANCE OF 354.89 FEET; THENCE NORTHEASTERLY DEFLECTING 140°40’08” LEFT A DISTANCE OF 8.71 FEET; THENCE NORTHEASTERLY DEFLECTING 27°45’06” RIGHT A DISTANCE OF 402.00 FEET; THENCE NORTHEASTERLY DEFLECTING 2°45’00” LEFT A DISTANCE OF 99.44 FEET; THENCE SOUTHWESTERLY DEFLECTING 161°22’06” RIGHT A DISTANCE OF 15.01 FEET TO A POINT OF CURVATURE; THENCE ON A 213.06 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF 166.49 FEET SUBTENDING A CENTRAL ANGLE OF 44°46’21” TO A POINT OF TANGENCY; THENCE TANGENT SOUTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 176.03 FEET TO A POINT OF CURVATURE; THENCE ON A 279.06 FOOT RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 438.35 FEET SUBTENDING A CENTRAL ANGLE OF 90°00’00”; THENCE SOUTHERLY DEFLECTION TO THE INITIAL TANGENT OF 90°00’00” LEFT A DISTANCE OF 1,242.35 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 91°21’39” RIGHT ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 158.56 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 88°01’56” RIGHT ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,642.94 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 10, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE NORTHWEST - 5 - QUARTER OF SAID SECTION 10; THENCE NORTHERLY DEFLECTING 00°00’50” RIGHT ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 A DISTANCE OF 2,643.07 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 19.94 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 9, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,643.07 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE SOUTHERLY DEFLECTING 0°00’50” LEFT ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 2,642.94 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE WESTERLY DEFLECTING 91°00’03” RIGHT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 110.11 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, NORTHERLY DEFLECTING 90°04’21” RIGHT A DISTANCE OF 490.37 FEET; THENCE NORTHERLY DEFLECTING 2°10’03” RIGHT A DISTANCE OF 115.02 FEET; THENCE NORTHERLY DEFLECTING 3°54’27” LEFT A DISTANCE OF 1,015.16 FEET; THENCE NORTHERLY DEFLECTING 1°14’11” RIGHT A DISTANCE OF 286.18 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 737.87 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTHERLY DEFLECTING 2°07’45” RIGHT A DISTANCE OF 33.01 FEET; THENCE NORTHERLY DEFLECTING 2°54’38” LEFT A DISTANCE OF 912.73 FEET; THENCE NORTHERLY DEFLECTING 0°57’04” RIGHT A DISTANCE OF 1,510.83 FEET; THENCE NORTHERLY DEFLECTING 2°43’47” RIGHT A DISTANCE OF 186.66 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°42’54” RIGHT ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 A DISTANCE OF 68.45 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.64 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: - 6 - BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 15; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 158.56 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE ON AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, SOUTHERLY DEFLECTING 88°47’55” RIGHT A DISTANCE OF 703.87 FEET; THENCE SOUTHERLY DEFLECTING 1°33’03” RIGHT A DISTANCE OF 624.76 FEET; THENCE SOUTHERLY DEFLECTING 1°00’46” RIGHT A DISTANCE OF 394.22 FEET; THENCE SOUTHERLY DEFLECTING 2°48’45” LEFT A DISTANCE OF 951.49 FEET; THENCE SOUTHERLY DEFLECTING 1°37’30” RIGHT A DISTANCE OF 581.49 FEET; THENCE SOUTHERLY DEFLECTING 0°33’08” LEFT A DISTANCE OF 1,548.66 FEET; THENCE SOUTHERLY DEFLECTING 3°06’10” RIGHT A DISTANCE OF 531.25 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 15; THENCE LEAVING THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, WESTERLY DEFLECTING 86°04’29” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 15 A DISTANCE OF 145.70 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 15; THENCE NORTHERLY DEFLECTING 90°57’55” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,668.57 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 15; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE WEST LINE OF SAID SECTION 15 A DISTANCE OF 2,669.05 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 20.38 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 10 NORTH, RANGE 9 WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 16; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,669.05 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 16; THENCE CONTINUING SOUTHERLY DEFLECTING 0°00’11” RIGHT ALONG THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 2,668.57 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 89°01’42” RIGHT ALONG THE SOUTH LINE OF SAID SECTION 16 A DISTANCE OF 75.01 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET; THENCE NORTHERLY DEFLECTING 90°58’18” RIGHT AND PARALLEL WITH AND 75.00 FEET DISTANT FROM THE EAST LINE OF SAID SECTION 16 A DISTANCE OF 1,336.08 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°06’15” LEFT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 56.28 FEET; THENCE NORTHERLY DEFLECTING 91°37’29” RIGHT A DISTANCE OF 85.96 FEET; THENCE NORTHERLY DEFLECTING 0°52’03” RIGHT A DISTANCE OF 459.97 FEET; THENCE CONTINUING NORTHERLY DEFLECTING 0°00’00” RIGHT A DISTANCE OF 394.98 FEET; THENCE NORTHEASTERLY DEFLECTING 73°36’05” RIGHT A DISTANCE OF 35.90 FEET; THENCE NORTHERLY DEFLECTING 74°59’35” LEFT A DISTANCE OF - 7 - 384.68 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16, SAID POINT ALSO BEING ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY DEFLECTING 91°13’30” LEFT ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 16 A DISTANCE OF 17.00 FEET; THENCE NORTHERLY DEFLECTING 91°04’54” RIGHT A DISTANCE OF 620.10 FEET; THENCE NORTHERLY DEFLECTING 2°01’18” RIGHT A DISTANCE OF 328.23 FEET; THENCE NORTHERLY DEFLECTING 4°34’51” LEFT A DISTANCE OF 197.10 FEET; THENCE NORTHERLY DEFLECTING 1°52’18” RIGHT A DISTANCE OF 189.70 FEET; THENCE NORTHERLY DEFLECTING 1°07’58” RIGHT A DISTANCE OF 597.09 FEET; THENCE NORTHERLY DEFLECTING 2°09’07” LEFT A DISTANCE OF 588.67 FEET; THENCE NORTHERLY DEFLECTING 2°08’05” RIGHT A DISTANCE OF 149.15 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 16; THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH LOCUST STREET, EASTERLY DEFLECTING 88°59’27” RIGHT ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 110.11 FEET TO THE PLACE OF BEGINNING. CONTAINING AN AREA OF 11.41 ACRES MORE OR LESS. 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 said portion of South Locust Street from the County of Hall, Nebraska, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2010-285 - Approving Agreement with NDOR for National Bridge Inspection Standards Responsibilities Tuesday, October 12, 2010 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: October 12, 2010 Subject: Approving Agreement with NDOR for National Bridge Inspection Standards Responsibilities Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background All agreements must be approved by the City Council. The Nebraska Department of Roads (NDOR), at the request of the Federal Highway Administration (FHWA), has prepared an agreement between the City and the NDOR to establish uniform bridge inspection and load rating guidelines in accordance with the Nationa l Bridge Inspection Standards (NBIS). Discussion The State is responsible for the inspection and evaluation of all State Highway System bridges, while the City is responsible for the inspection and evaluation of all bridges on streets and roadways within their respective jurisdiction. Bridge inspections and load ratings are a requirement of the NBIS and the Nebraska Bridge Inspection Program (BIP). A BIP Manual was developed by the NDOR to set forth methods and proceduress that enable local public bridge owners to comply with the NBIS. The NDOR will create and maintain a database for bridge inventory and load rate data for all public bridges in Nebraska. Funding for such inspections will be from a combination of federal aid and local 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 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. Item G18 #2010-286 - Approving Bid Award for Downtown Lawn/Landscape Maintenance and Sidewalk Snow Removal Adjacent to Public Parking Lots Tuesday, October 12, 2010 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: October 12, 2010 Subject: Approving Bid Award for Downtown Lawn/Landscape Maintenance and Sidewalk Snow Removal Adjacent to Public Parking Lots Item #’s: G-18 Presenter(s): Steven P. Riehle, Public Works Director Background On August 22, 2010 the Engineering Division of the Public Works Department advertised for bids for Downtown Lawn/Landscape Maintenance and Sidewalk Snow Removal adjacent to public parking lots in Parking District #2, including equipment and labor. There were five (5) potential bidders for the work. Discussion One bid was received and opened on September 21, 2010. The Engineering Division of the Public Works Department and the Purchasing Division of the City Attorney's Office reviewed the bid that was received. The bid is shown below. Bidder Description Bid Estimate Mowing $35.00 each $50.00 each Maintenance $2,840.00 yearly lump sum $9,000.00 yearly lump sum Rick's Lawn Care Co. of Grand Island, NE Snow Removal $125.00 per hour $160.00 per hour The exceptions listed by Rick's Lawn Care Co. were to use sterilization to prevent grass and plants from growing in the sidewalks; parking lot concrete joint and crack areas; shrub and tree beds; and the tree grate areas. The bid specifications called for Spring Pre- Emergent to be used for the prevention of grass and plants growing in the previously listed areas, the bid to use sterilization is deemed acceptable. An item was also added at $45.00 per hour shovel time for snow removal on sidewalks; this will help reduce the overall cost of the snow removal. Funds are available in Account Numbers 27010001-85213 & 27110010-85213 for this maintenance. The cost for this work is paid for through assessments to downtown businesses in Parking District #2. The specifications include automatic renewal of the contract with a 60 day cancellation clause. The Downtown Board made a request to the City this past spring that certain work be eliminated from the Downtown Lawn/Landscape Maintenance and Snow Removal contract. The work that has been removed from the contract consists of litter pickup; and shrub, tree & grate maintenance and can be attributed to the reduced cost of lump sum maintenance work that included things such as grate cleanup work. This maintenance work will be done by the Green Team, which is managed by the Downtown Board. 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 awarding the contract for Downtown Lawn/Landscape Maintenance & Snow Removal to Rick’s Lawn Care Company of Grand Island, Nebraska. Sample Motion Move to approve awarding the contract for Downtown Lawn/Landscape Maintenance & Snow Removal to Rick’s Lawn Care Company of Grand Island, Nebraska. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 21, 2010 at 2:00 p.m. FOR: Downtown Lawn Maintenance & Snow Removal DEPARTMENT: Public Works ESTIMATE: Mowing - $50.00 each Maintenance - $9,000 (yearly lump sum) Snow Removal - $160 Bobcat -- $50 per man/shovel FUND/ACCOUNT: 27010001-85213 & 27110010-85213 PUBLICATION DATE: August 22, 2010 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Rick’s Lawn Care, Co. Grand Island, NE Exceptions: Noted Bid Price: A) Mowing: $ 980.00 B) Maintenance: $2,840.00 Bid Grand Total: $3,820.00 C) Snow Removal: $125.00 per hour cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Jeff Pederson, City Administrator P1430 Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-286 WHEREAS, the City Of Grand Island invited sealed bids for Downtown Lawn/Landscape Maintenance and Sidewalk Snow Removal adjacent to public parking lots in Parking District #2, according to specifications on file in the office of the Public Works Department; and WHEREAS, on September 21, 2010, one bid was received, opened and reviewed; and WHEREAS, Rick’s Lawn Care Company of Grand Island, Nebraska, submitted a bid in accordance with terms of the advertisement of the specifications and all other statutory requirements contained therein, such bid being as follows: Mowing $35.00 each Maintenance $2,840.00 yearly lump sum Snow Removal $125.00 per hour Snow Shovel $15.00 per hour/per shovel NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Rick’s Lawn Care Company of Grand Island, Nebraska for Lawn/Landscape Maintenance and Snow Removal in the amounts identified above is hereby approved. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such Lawn/Landscape Maintenance and Snow Removal be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City Of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2010-287 - Approving Bid Award for One (1) 2011 Dozer Tuesday, October 12, 2010 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: October 12, 2010 Subject: Approving Bid Award for One (1) 2011 Model Tracked Dozer (Solid Waste Division) Item #’s: G-19 Presenter(s): Steven P. Riehle, Public Works Director Background On August 14, 2010 the Solid Waste Division of the Public Works Department advertised for a 2011 Model Tracked Dozer. There were three potential bidders for this machine. Funds for the dozer are in the approved 2010/2011 budget. The tracked dozer is an essential front-line machine used at the landfill on a daily basis. It is used for pushing and spreading incoming solid waste at the working face operating in tandem with the compactor, pushing and spreading WWTP sludge for use as alternate daily cover, and for pushing and spreading soil for use as intermediate cover, among other essential tasks. We typically replace this machine every four years and utilize a total cost of ownership bid process which includes a re-purchase agreement, total machine warranty, and a preventative maintenance/customer service agreement. The total cost of ownership bid process has served us well. Discussion Bids were received and opened on September 8, 2010. The Solid Waste Division of the Public Works Department and the Purchasing Division reviewed the bids that were received. The dozer bid by Roadbuilders Machinery of Grand Island, NE is the lowest bid based on an anticipated 4-year ownership, but several important exceptions were noted. The dozer bid by NMC, Inc. of Doniphan, NE meets all of the specifications with no exceptions. Bidder Base Price Repurchasing Agreement Net Cost of Ownership NMC, Inc. of Doniphan, NE $668,899 4 yrs or 9,250 hours = $211,092 $457,807 Roadbuilders Machinery of Grand Island, NE $570,158 4 yrs or 9,250 hours = $140,000 $430,158 *Base price includes 7,500 hour total machine warranty and 8,000 hour service agreement There were several noteworthy exceptions to the specifications in the bid submitted by Roadbuilders Machinery. Changing the exceptions after the bid opening could be considered negotiating and is not allowed. 1. The specifications required heavy-duty swing-out screens for the cab doors, which Roadbuilders Machinery stated they would not provide. The screens are meant to prevent debris from shattering the cab glass and for operator safety and protection. It is also necessary for the screens to swing-out in order for the equipment operators to be able to clean the glass for visibility while operating the machine. The estimated cost to add the screen is $1,500.00. 2. Roadbuilders Machinery also listed a stipulation to their re-purchase agreement that the dozer’s undercarriage must have at least 50% service life left on all components in order for the City to receive the guaranteed re-purchase amount when the City replaces the machine. A tracked dozer’s undercarriage consists of several high-wear steel components that would cost the City an estimated $32,000 to $39,000 to replace. The Solid Waste Division has operated several tracked machines at the Landfill in the past, none of which have ever had 50% service life left on the undercarriage when the machine was replaced. All of the undercarriages were replaced by the dealer after trade-in before being sold to another customer. 3. The bid specifications also stated that the bidders should include warranty details with the machine and that failure to comply may cause bid rejection. As part of the base bid, a 7,500 hour total machine warranty was specified in the bid documents. The warranty details provided with Roadbuilders Machinery’s bid was a sample warranty which did not meet many of the criteria for the requested 7,500 hour total machine warranty. 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 the purchase of the 2011 Model Tracked Dozer from NMC, Inc. Sample Motion Move to approve purchase of the 2011 Model Tracked Dozer from NMC, Inc. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 8, 2010 at 2:00 p.m. FOR: (1) 2011 Dozer DEPARTMENT: Public Works ESTIMATE: $715,000.00 FUND/ACCOUNT: 50530043-85615 PUBLICATION DATE: August 14, 2010 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Roads Builders NMC,Inc. Grand Island, NE Doniphan, NE Bid Security: Fidelity & Deposit Co. Travelers Casualty & Surety Co. Exceptions: Noted None Bid Price: $570,158.00 $668,899.00 Trade-In: $175,000.00 $169,485.00 Repurchasing Agreement: 1 yr or 2,250 hrs. $376,000.00 $343,728.00 2 yrs or 4,500 hrs. $260,000.00 $292,168.00 3 yrs or 6,750 hrs. $200,000.00 $248,343.00 4 yrs or 9,250 hrs. $140,000.00 $211,092.00 Delivery Date: 5 – 6 months 90 – 120 days cc: Steve Riehle, Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Jeff Pederson, City Administrator Jeff Wattier, Solid Waste Supt. P1429 Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-287 WHEREAS, the City Of Grand Island invited sealed bids for one (1) 2011 model Tracked Dozer, according to specifications on file with the Public Works Department; and WHEREAS, on September 8, 2010 bids were received, opened and reviewed; and WHEREAS, NMC, Inc. of Doniphan, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, at a base price of $668,899.00; and WHEREAS, the base bid of NMC, Inc. is less than the estimate. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of NMC, Inc. of Doniphan, Nebraska, at a base price of $668,899.00, for a 2011 model Tracked Dozer is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2010-288 - Approving Amendment #1 To Agreement For Landfill Re-Permitting Tuesday, October 12, 2010 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: October 12, 2010 Subject: Approving Amendment #1 To Agreement For Landfill Re-Permitting Item #’s: G-20 Presenter(s): Steven P. Riehle, Public Works Director Background The City of Grand Island owns and operates a Transfer Station and Landfill for solid waste management operations for the City of Grand Island and the surrounding area. Both facilities are operated under NDEQ Title 132 regulations. The current Title 132 operating permit for the Landfill expires on April 15, 2011. On May 25, 2010 the City Council approved the award of proposal for Professional Services with Aquaterra Environmental Solutions, Inc. for consulting services related to re-permitting of the Solid Waste Landfill. Any amendments to the agreement must be approved by the City Council. The agreement provided technical work to meet with the City and the NDEQ to determine the requirements of the re-permitting process, represent the City in meetings and public hearings, review and revise all permit drawings, and incorporate the recently completed major permit modification into the permit application at a maximum cost of $43,605. Discussion Aquaterra Environmental Solutions submitted the permit application and supporting documentation to the NDEQ on August 20, 2010. The NDEQ reviewed the permit application documents and responded with numerous comments pertaining to the permit application on September 14, 2010. The majority of the comments from the NDEQ that need to be addressed pertain to sections of the permit that had been previously approved in the City’s 2001 and 2006 operating permits. This amount of effort was not previously thought to be necessary and, consequently, was not part of the original scope of work covered under the original agreement. The NDEQ has identified and commented on several appendices from the current operating permit that must be changed as summarized below: 1. Appendix A (Operational Plan) – language pertaining to leachate re- circulation, which is not permitted at our Landfill, but the NDEQ wants it documented in our permit. 2. Appendix E (Ground Water Monitoring Plan) – multiple sections pertaining to monitoring system adjustments and sampling procedures. 3. Appendix F (Landfill Gas Monitoring Plan) – add detailed language pertaining to well/probe locations, boring logs, and reporting timelines. 4. Appendix G (Closure/Post-Closure Plan) – language pertaining to the capping system, venting layer, erosion layer, and final cover vegetation. 5. Appendix H (Financial Assurance) – individual costs for future closure/post- closure activities. 6. Appendix I (Construction Quality Assurance Plan) – language pertaining to CQA for letdown structures, drainage structures, and corrective action. 7. Appendix K (Permit Drawings) – permit drawings such as additional cross sections, adding future gas vent locations, and separating a certain drawing into two new drawings. The NDEQ requires that these comments be addressed and re-submitted to them by November 15, 2010 in order to comply with their pre-determined deadlines to complete the re-permitting process by April 2011. 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 the amendment to the agreement with Aquaterra Environmental Solutions, Inc. for Professional Services related to re-permitting of the Solid Waste Landfill with work being performed at actual costs with a maximum amount of $15,879. Sample Motion Move to approve Amendment Number 1 with Aquaterra Environmental Solutions, Inc. Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney City of Grand Island AMENDMENT NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: October 12, 2010 PROJECT: Landfill Re-Permitting CONSULTANT: Aquaterra Environmental Solutions, Inc. CONTRACT DATE: May 27, 2010 To respond to Nebraska Department of Environmental Quality’s comments pertaining to the application for the Re-Permitting of the Grand Island Solid Waste Landfill. The changes result in the following adjustment to the Agreement Amount: Agreement Price Prior to This Change Order .................................................................................$43,605.00 Net Increase/Decrease Resulting from this Change Order..............................................................$15,879.00 Revised Agreement Price Including this Amendment................................................................$59,484.00 Approval Recommended: By_______________________________________ Steven P. Riehle, Public Works Director Date The Above Amendment Accepted: Approved for the City of Grand Island: Aquaterra Environmental Solutions, Inc. By_________________________________ Consultant Margaret Hornady, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-288 WHEREAS, on May 25, 2010, by Resolution 2010-141, the Grand Island City Council approved an agreement with the consulting engineering firm, Aquaterra Environmental Solutions, Inc., of Omaha, Nebraska for the professional services for the Re-Permitting of the Solid Waste Landfill; and WHEREAS, additional work beyond the scope of work that was included in the original agreement is needed to address comments received from the Nebraska Department of Environmental Quality on the previously approved 2001 & 2006 operating permits; and WHEREAS, City Staff has negotiated Amendment #1 with the consulting firm, Aquaterra Environmental Solutions, Inc., of Omaha, Nebraska modifying the scope of the original agreement to allow for the addressing of comments; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment #1 with the consulting firm, Aqua terra Environmental Solutions, Inc. of Omaha, Nebraska is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment to the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2010-289 - Approving Contract for Modification of Concrete Work at the Veterans Athletic Field Complex Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: October 12, 2010 Subject: Contract Modification for Concrete Work at the Veterans Athletic Field Complex Item #’s: G-21 Presenter(s): Steve Paustian, Parks and Recreation Director Background In November of 2009 bids were received for the construction of a parking lot and other concrete work at the Veterans Athletic Field Complex. Diamond Engineering of Grand Island submitted the low responsible bid for this work. A line item in the original bid called for the construction of a 10 ft. sidewalk leading from the parking lot to the commons area. Diamond engineering submitted a unit cost of $24.30 per square yard for this work. This price provided by Diamond Engineering was the lowest unit cost price for this work when compared to the four other bids received. Discussion As part of the original design, we are now ready to pour the sidewalks and commons area around the concession/restroom building and under the bleachers and picnic shelters. Diamond Engineering, having submitted the low bid for this type of work it is in the best interest of the City to modify the contract to extend the publicly bid unit price submitted by Diamond Engineering. 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 a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the contact modification in the amount of $58,320.00 to allow for the concrete flatwork associated with the commons area around the concession/restroom building and under the bleachers and picnic shelters at the Veterans Athletic Field Complex, based upon the unit bid price of $24.30 per square yard. Sample Motion Move to modify the contract to Diamond Engineering by $58,320.00 for concrete work in the commons area of the Veterans Athletic Field Complex. Approved as to Form ¤ ___________ October 8, 2010 ¤ City Attorney R E S O L U T I O N 2010-289 WHEREAS, on November 24, 2009 by Resolution 2009-302, the City Council of the City of Grand Island awarded the Diamond Engineering Co. from Grand Island, Nebraska, the bid in the amount of $364,664.80, for the Paving Improvements Sections A and B at the new Veterans Athletic Field Complex; and WHEREAS, it has been determined that additional flatwork needs to be added to the existing contract; and WHEREAS, such modifications have been incorporated into a Contract Modification; and WHEREAS, the result of such modifications will increase the contract amount by $58,320.00 for a revised contract price of $422,984.80. 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 a Contract Modification between the City of Grand Island and the Diamond Engineering Co. from Grand Island, Nebraska to provide the modifications set out as follows: Additional concrete flatwork at $24.30 per sq yd x 2,400 sq yd……………………..$58,320.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G22 #2010-290 - Approving Assignment of Investment Advisory Contract with McCarthy Group Advisors, L.L.C. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: October 12, 2010 Subject: Approving Assignment of Investment Advisory Contract with McCarthy Group Advisors, L.L.C. Item #’s: G-22 Presenter(s): Mary Lou Brown, Finance Director Background McCarthy Group Advisors, L.L.C. (MGA) provides the investment advisory services for the reserve funds held at Smith Hayes. These funds are the backstop to the pension obligations that are administered by Wells Fargo. Discussion MGA has entered into a definitive agreement with Westwood Holdings Group (WHG) for WHG’s acquisition of MGA which will result in the combination of the two companies’ resources. MGA concluded that WHG’s approach to preservation and growth of capital, their core values and their commitment to excellence were compatible with their own. All employees of MGA will become employees and shareholders of WHG and offices will be maintained in Omaha and Dallas. MGA’s current offerings will continue; MGA will assume the WHG name. The transaction results in the assignment of the City’s investment advisory contract with MGA to WHG. Under the existing investment advisory agreement, the City’s consent is required for the assignment to occur. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the assignment of the City’s investment advisory contract with MGA to WHG. 2. Postpone the issue to a future meeting. 3. Take no action. Recommendation City Administration recommends that the Council approve the assignment of the City’s investment advisory contract with MGA to WHG. Sample Motion Move to approve the assignment of the City’s investment advisory contract with MGA to WHG. Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-290 WHEREAS, the City has an investment advisory agreement with McCarthy Group Advisors, L.L.C.; and WHEREAS, the City has been notified of a definitive agreement between McCarthy Group Advisors, L.L.C. and Westwood Holdings Group, Inc. pursuant to which Westwood Holdings Group, Inc. proposes to acquire ownership of 100% of the equity interests in McCarthy Group Advisors, L.L.C.; and WHEREAS, the transaction will result in the assignment to Westwood Holdings Group, Inc of the City’s investment advisory agreement with McCarthy Group Advisors, L.L.C.; and WHEREAS, the City’s investment advisory agreement with McCarthy Group Advisors, L.L.C. requires consent for such assignment; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, the Consent to Assignment of Investment Advisory Agreement consenting to the assignment to Westwood Holdings Group, Inc. of the City’s investment advisory agreement with McCarthy Group Advisors, L.L.C. which will result from the transaction and following such assignment, the investment advisory agreement will remain in full force and effect as written. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Consent on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G23 #2010-291 - Approving Extension of the Escrow Agreement for the Fieldhouse at Fonner Park Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, Finance Director Meeting: October 12, 2010 Subject: Approving Extension of the Escrow Agreement for the Fieldhouse Item #’s: G-23 Presenter(s): Mary Lou Brown, Finance Director Background The City of Grand Island (Lessee), Wells Fargo Brokerage Services, LLC (Lessor) and Wells Fargo Bank, NA (Escrow Agent) entered into an escrow agreement dated July 1, 2009. The escrow agreement is related to the financing of the Fieldhouse. Discussion Section 2.03 of the escrow agreement states that “Amounts for payment of costs of the Project shall be disbursed no later than August 31, 2010.” Since payments of costs related to the Project are continuing, it is appropriate to make a change to the existing escrow agreement. The Lessor is proposing that an amendment to the escrow agreement be executed and that the amendment move the date from August 31, 2010 to June 30, 2011. Costs totaling $4,494,253.12 have been submitted to Council through the September 28, 2010 Council meeting. It is expected that the remainder of the $5,000,000 will be expended prior to June 30, 2011; however, in order to accommodate the unknown, it is recommended that the date be extended to June 30, 2011. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the amendment to the escrow agreement by and between the Lessor, the Lessee and the Escrow Agent. The amendment extends the payment of costs from August 31, 2010 to June 30, 2011. 2. Postpone the issue to a future meeting. 3. Take no action. Recommendation City Administration recommends that Council approve the amendment to the escrow agreement by and between the Lessor, the Lessee and the Escrow Agent. The amendment extends the payment of costs from August 31, 2010 to June 30, 2011 Sample Motion Move to approve the amendment to the escrow agreement by and between the Lessor, the Lessee and the Escrow Agent. Approved as to Form ¤ ___________ October 7, 2010 ¤ City Attorney R E S O L U T I O N 2010-291 WHEREAS, Wells Fargo Securities, LLC (Lessor), the City of Grand Island (Lessee) and Wells Fargo Bank, NA (Escrow Agent) entered into an escrow agreement dated July 1, 2009; and WHEREAS, Section 7.09 of the escrow agreement allows for the amendment of the date specified in Section 2.03 of the escrow agreement to no more than three years after the date of delivery of the Lease; and WHEREAS, Section 2.03 of the escrow agreement states that project costs shall be disbursed no later than August 31, 2010; and WHEREAS, the lessor and the lessee desire to amend the date specified in Section 2.03 of the escrow agreement; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, the Exhibit C to Escrow Agreement that extends the end date for disbursement of project costs from August 31, 2010 to June 30, 2011. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment with Wells Fargo Securities, LLC on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 12, 2010. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Olsson Associates on behalf of Helen Foreman for a Conditional Use Permit for a Soil Vapor Extraction and Air Sparge Remediation Trailer Located near 1515 West 2nd Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item J1 Approving Payment of Claims for the Period of September 29, 2010 through October 12, 2010 The Claims for the period of September 29, 2010 through October 12, 2010 for a total amount of $3,010,393.75. A MOTION is in order. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item J2 Approving Payment of Claims for the Period of September 29, 2010 through October 12, 2010 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of September 29, 2010 through October 12, 2010 for the following requisition. #27 $37,794.87 A MOTION is in order. Tuesday, October 12, 2010 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council