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02-08-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, February 08, 2011 Council Session Packet City Council:Mayor: Jay Vavricek Interim City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Scott Taylor, First Christian Church, 2400 West 14th Street 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 E1 Public Hearing Concerning Acquisition of Utility Easement - 2820 Riverside Drive - Country Club Holding Association Tuesday, February 08, 2011 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: February 8, 2011 Subject: Acquisition of Utility Easement – 2820 Riverside Drive – Country Club Holding Association Item #’s: E-1 & G-4 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 Country Club Holding Association (Riverside Golf Club), located at 2820 Riverside Drive, 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 The expansion of the Clubhouse and the subsequent request to increase the amount of power available prompted an examination of the easements for the various transformers and electrical lines serving all of the golf course. In reviewing the records of easements on the property, it was found that there are not documented easements covering the existing utility installations. In order to accurately document the utility easement layout for the entire Riverside Country Club, including those required for the expanded clubhouse, it is recommended that easements for utility installations serving the entire property be acquired at this time. A map of the easements to serve the property is attached for reference. 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 easements for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E2 Public Hearing on the One & Six Year Street Improvement Plan Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: February 8, 2011 Subject: Public Hearing on the One & Six Year Street Improvement Plan Item #’s: E-2 & I-2 Presenter(s): Gary R. Mader, Interim Public Works Director Background Adoption of a One and Six Year Street Improvement Program is mandatory by State Law as part of the requirements to receive approximately three million dollars of state gas tax funds each year. The Public Works Department develops this program through a process to prioritize street projects taking into consideration many factors such as: · Availability of funds · Condition of the street · Traffic Counts · Eligibility for State/Federal funds · Redevelopment patterns · Public/Council input The process this year was expanded to include the 400 Capital Improvement Program (CIP) scoring and ranking system that was first presented at the February 2009 City Council Retreat. The City engages in a public process to assure input into the policy making process. The proposed One & Six Year Street Improvement Program is a result of the following steps: · Tuesday, January 25, 2011 - City Council referred plan to Regional Planning Commission · Wednesday, February 2, 2011 - Regional Planning Commission conducted a Public Hearing and forwarded the recommendation to the City Council · Tuesday, February 8, 2011 - City Council hears presentation from staff, conducts Public Hearing and passes a Resolution adopting the plan · February 26th – 1 & 6 year Street Improvement Program due at the Nebraska Department of Roads Discussion A public hearing was conducted, testimony received and discussion held on the One & Six Year Street Improvement Program at the Grand Island/Hall County Regional Planning Commission meeting on February 2, 2011. The commission forwarded the 1 & 6 Year Street Improvement Program to the council with a recommendation for approval. The projects listed in the 1 & 6 Year Plan for calendar year 2011 are considered definite projects. These projects were in the approved fiscal year 2011 budget. Many of the projects listed in the 1 & 6 Plan for 2012 through 2016 are included in the City’s budget, but are subject to schedule changes depending upon coordination and approval of state and federal funding. 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 the One and Six Year Street Improvement Program. Sample Motion Move to approve the One and Six Year Street Improvement Program. 2011 Construction Season (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310- 577 Hwy 281 Striping 180$ 90$ 90$ M310- 537 Realign Walnut Ent. @ Custer / 15th St w/ Signal 27$ 27$ M310- 508 Build Pipes from US Hwy 30 to Wasmer Cell 32$ 32$ M310- 459 Build Drainway from CCC to Wood River 350$ 350$ M310- 515 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut 7$ 7$ M310- 571 Signal @ Front St & Webb Rd 80$ 80$ Street Resurfacing M310- 541 Annual Paving Program (Assessment Districts)532$ 532$ Drainage & Flood Control M310- 544 Concrete Lining of Drainage Ditches 50$ 50$ M310- 461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310- 485 PVIP Drainage Project - Phase 1 508$ 381$ 127$ M310- 382 Moores Creek Drain - Rogers Well to South of Old Potash 220$ 220$ M310- 447 Trail along Moores Creek Drain - State to Capital Connector 12$ 12$ M310- 572 Annual Sidewalk Projects 25$ 25$ Totals:2,873$ 921$ 90$ -$ 1,862$ Other 1/31/2011 Page 1 of 6 2012 Construction Season (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310- 537 Realign Walnut Ent @ Custer/15th St w/ Signal 270$ 270$ M310- 515 Quiet Zone - UPRR Corridor - Oak, Pine, Elm & Walnut 590$ 140$ 450$ M310- 578 Hwy 30 Concrete Repair (Grant to Claude Rd)1,200$ 600$ 600$ M310- 508 Build Pipes from US Hwy 30 to Wasmer Cell 1,075$ 645$ 430$ M310- 267 Blaine St bridges over Wood River 100$ 100$ M310- 411 Husker Hwy from US Hwy 281 to Locust 1,140$ 940$ 200$ Street Resurfacing M310- 546 Annual Paving Program (Assessment Districts) 750$ 750$ Drainage & Flood Control M310- 461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310- 549 Concrete Lining of Drainage Ditches 50$ 50$ M310- 590 Third & Wheeler Downtown Historical Lighting Project 118$ 118$ M310- 408 Mormon Island Trail Bridges 502$ 401$ 101$ M310- 447 Trail along Moores Creek Drain - State to Capital Connector 288$ 230$ 58$ M310- 572 Annual Sidewalk Projects 25$ 25$ Totals:6,958$ 3,794$ 800$ -$ 2,364$ Other 1/31/2011 Page 2 of 6 2013 Construction Season (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310- 518 Quiet Zone - UPRR Corridor - Lincoln, Broadwell & Blaine/Custer 370$ 370$ M310- 569 Signal @ US Hwy 30 (2nd Street) and Lincoln Ave 55$ 55$ Street Resurfacing M310- 579 Misc Federal Aid Resurfacing - Various Locations 2,700$ 2,150$ 550$ M310- 555 Annual Paving Program (Assessment Districts)750$ 750$ Drainage & Flood Control M310- 567 Integrated Comprehensive Drainage Plan 80$ 80$ M310- 507 Independence Ave Ditch - Design 80$ 80$ M310- 461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310- 568 Update Moores Creek Drainage Plan 78$ 39$ 39$ M310- 559 Concrete Lining of Drainage Ditches 50$ 50$ M310- 485 PVIP Drianage Project - Phase 2 272$ 172$ 100$ M310- 507 Independence - Construct Culverts & Fill in West Ditch 350$ 280$ 70$ M310- 517 Trail along Veteran's Home from Capital & Webb to Eagle Scout Park 600$ 480$ 120$ M310- 572 Annual Sidewalk Projects 25$ 25$ Totals:6,260$ 1,141$ 2,430$ -$ 2,689$ Other 1/31/2011 Page 3 of 6 2014 Construction Season (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310- 89 Capital Ave - Webb Rd to Broadwell Ave 3,200$ 2,560$ 640$ M310- 580 Hwy 281 Southbound Repair 200$ 100$ 100$ M310- 353 Faidley Ave - North Rd east to Irongate Ave (approx 2,000')1,250$ 1,138$ 112$ M310- 581 US 30 Resurfacing - West City Limits to Hwy 281 4,360$ 4,360$ Street Resurfacing M310- 560 Annual Paving Program (Assessment Districts)750$ 750$ Drainage & Flood Control M310- 461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310- 563 Concrete Lining of Drainage Ditches 50$ 50$ M310- 431 Trail along Locust from I-80 to WR Floodway 600$ 480$ 120$ M310- 572 Annual Sidewalk Projects 25$ 25$ Totals:11,285$ 5,390$ 3,798$ -$ 2,097$ Other 1/31/2011 Page 4 of 6 2015 Construction Season (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Resurfacing M310- 458 Signal @ US Hwy 34/281 and Wildwood Rd 150$ 150$ Street Resurfacing M310- 575 Annual Paving Program (Assessment Districts)750$ 750$ Drainage & Flood Control M310- 461 Construction of NW GI Flood Control Project 850$ 450$ 400$ M310- 573 Concrete Lining of Drainage Ditches 50$ 50$ M310- 414 Trail along I-80 from Mormon Island to Locust 600$ 480$ 120$ M310- 572 Annual Sidewalk Projects 25$ 25$ M310- 497 Lighting on US Hwy 281 from Stolley Park to Old Potash 250$ 250$ Totals:2,675$ 930$ -$ -$ 1,745$ Other 1/31/2011 Page 5 of 6 2016 and After Construction (All costs in $1,000s) No. Project Description Total Project State Federal Other City STP City G.O. Bond City Cap. Impr. Fund Street Construction M310- 352 Hwy 30 Relocation - US 281 West 18,000$ 9,000$ 9,000$ M310- 499 Broadwell Ave/UPRR - Construction 10,800$ 8,640$ 2,160$ M310- 499A Broadwell Ave/UPRR - Environmental Study/Preliminary Engineering 640$ 512$ 128$ M310- 499A Broadwell Ave/UPRR - Final Design & ROW Appraisal 128$ 128$ M310- 499A Broadwell Ave/UPRR - ROW 1,000$ 800$ 200$ M310- 564 Stolley - Fonner/HEC/Fair Entrance to Stuhr Rd 920$ 736$ 184$ M310- 533 Husker Hwy W of US Hwy 34/281 Intersection 1,200$ 960$ 240$ M310- 545 Signal @ US Hwy 34/281 and Rae Rd 135$ 68$ 67$ M310- 556 North Rd over UPRR 7,600$ 6,080$ 1,520$ M310- 551 Stolley Park Rd & North Rd Intersection 146$ 146$ M310- 553 Left Turn Lane on 13th @ Redwood/Mansfield 62$ 62$ M310- 528 State/Diers Intersection Improvements 390$ 390$ M310- 552 Left Turn Lane on Husker Hwy @ HLHS 62$ 62$ M310- 502 Shady Bend Rd @ UPRR -E Bypass 16,000$ 12,800$ 3,200$ M310- 550 Left Turn Lane - North Rd @ NWHS 56$ 56$ M310- 574 Misc. Signals - TBD 112$ 112$ M310- 540 North Rd & 13th St Intersection Improvements 300$ 300$ M310- 583 North Rd & Old Potash Intersection Improvements 300$ 300$ M310- 538 Capital Ave & North Rd Intersection Improvement 360$ 360$ M310- 535 Realign Barr Entrance @ Stolley/Adams w/ Signal 360$ 360$ M310- 584 Stolley Park Rd - Locust St to Webb Rd Safety Improvement 1,000$ 900$ 100$ M310- 585 State Street - Webb Rd to Broadwell Ave Safety Improvement 1,500$ 1,350$ 150$ M310- 521 Swift Rd - WWTP to Stuhr Rd 450$ 450$ M310- 554 Resurface Wildwood from US Hwy 281 to Locust St 876$ 876$ M310- 539 3rd St Widening - Adams to Eddy 90$ 90$ M310- 586 Broadwell Ave - Capital to Airport Rd 1,200$ 960$ 240$ M310- 587 Webb Rd - UPRR to south of Stolley Park Rd 1,500$ 1,200$ 300$ M310- 588 Blaine St - Schimmer Dr to Wildwood Dr 1,000$ 1,000$ M310- 520 Capital Ave - Broadwell Ave to St Paul Rd 1,000$ 800$ 200$ Street Resurfacing M310- 582 Annual Paving Program (Assessment Districts) 750$ 750$ Drainage & Flood Control M310- 589 Concrete Lining of Drainage Ditches 50$ 50$ M310- 576 Misc. Major Drainage Development 500$ 250$ 250$ M310- 511 Moores Creek - Old Potash to Edna 150$ 150$ M310- 565 Trail along Locust from US Hwy 34 to Stagecoach 600$ 480$ 120$ M310- 572 Annual Sidewalk Projects 25$ 25$ M310- 527 Misc. Safety Projects - TBD 150$ 150$ Totals:69,412$ 40,304$ 14,416$ -$ 14,692$ Other 1/31/2011 Page 6 of 6 Item E3 Public Hearing #2 Concerning Status of Community Revitalization Grants, 08-CR-002, 09-CR-102 and 09-CR-002 Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Barbara Quandt City of Grand Island City Council Council Agenda Memo From: Barbara Quandt, Community Development Council Meeting: February 8, 2011 Subject: Public Hearing #2 concerning status of Community Revitalization Grants, 08-CR-002, 09-CR-102 and 09- CR-002 Item #’s: E-3 Presenter(s): Barbara Quandt, Community Development Administrator Background In 2008, 2009 and 2010, the Community Development Division of the City of Grand Island received three Community Revitalization grants from the Nebraska Department of Economic Development for housing and infrastructure projects in qualifying low-to-moderate income block groups in the city. The awards were as follows: 1) $254,230 for 08-CR-002 ($236,434 project funds, $17,796 administration) to complete a four block water main replacement project and four homeowner rehabilitation projects, 2) $257,794 for 09-CR-102 ($239,748 project funds, $18,045 administration)to replace five blocks of water main and complete one homeowner rehabilitation project, 3) $12,840 for a 2009-2012 Community Needs Assessment (09-CR-002) of 14 low-to- moderate income block groups in the city ($8,055 administration). General administration from all 3 grants totaled $43,897 and was applied to Community Development staff salaries in lieu of general funds. The Department of Economic Development requires the City to hold two public hearings to solicit public comment and update the public on the status of these grants. This public hearing fulfills this requirement for each of these three grants. Discussion The 08-CR-002 grant enabled the City to do two projects. The first project was to replace 4 blocks of 100-year old 4” water mains with 8” water mains along First St. from Pine St. to Plum St. expanding water capacity and improving fire suppression. The total project cost was $163,185. The grant paid 74% of the project, leaving the City with only 26% in matching funds. Two single-family homes are in the process of being rehabilitated. Two other home rehabilitation projects have been completed. One family received first-time homebuyer down payment assistance with minor rehab to purchase a home. This project received one contract extension and is projected to close out by March 31, 2011. General Administration of $17,796 was awarded to assist with the cost of administering this grant. The 09-CR-002 grant enabled the City to complete a community revitalization needs assessment of 14 low-to-moderate income block groups in the city limits for housing, infrastructure and neighborhood needs. Data collected was used to create a 3-year action plan for a 2009-2012 Community Revitalization project area. Two block groups of greatest need (Block Groups 11 and 12) were combined as the 2009-2012 selected project area. Based on the Needs Assessment, the Department of Economic Development awarded funding for Year 1 (09-CR-102) of the action plan. This planning project has been completed and the grant closed out. The 09-CR-102 grant enabled the City to replace five blocks of 4” cast iron water main with 8” of ductile iron water main pipes in West 6th St. from Elm to Pine Streets and replace 7 Ludlow fire hydrants dating back to 1890. Rehabilitation is nearing completion on one single -family home using Program Income Reuse funds. This grant will close out on March 1, 2011. The total project cost was $293,902. The grant paid 79% of the project, leaving the City with only 21% in matching funds. Notice of the public hearing was given January 31, 2011 in the Grand Island Independent and public comment is solicited at this time regarding progress of the three above described Community Revitalization Grants. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. No action is required on the issue Recommendation No recommendation required. Sample Motion Motion not required. 7190 [0011] 7191 [0012]4th St W 7th St W 5th St W6th St W 8th St W 3rd St W 9th St W El m St N E d d y St N 2nd St W Lin c oln A v e N Pin e S t N Clark St N W aln ut St N Broadwell Ave NNorth Front St WWhite AveG re e n w ic h St N S y c a m ore St N A d a m s S t N C e d ar St N 6th St EWas hin gto n St N 5th St EO a k St N D ivision St W South Front St W L o c u st St N 4th St EPine St SWh e eler A v e N 7th St ELocust St SJ effers o n St N Waln ut St S El m St S M a dis o n St N Cle b urn St N Vin e St N 3rd St E8th St EE d d y St S 1st St W 2nd St ESouth Front St E10th St W 11th St W 12th St W 13th St W14th St W 11th Ave W 4th St W 1st St W12th St W Clark St N10th St W 5th St W 11th St W 4in Water Main Ludlow Hydrant HydrantsBeing Replaced Item F1 #9286 - Consideration of Annexation Right-of-Way along 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. (Second Reading) Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: February 8, 2011 Subject: An Ordinance to Annex Right-of-Way along 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: F-1 Presenter(s): Chad Nabity, Regional Planning Director Background An April 6, 1992 Inter-local agreement between the City of Grand Island, Hall County, the Nebraska Department of Roads and the Federal Highway Administration detailed obligations of the State, County and City regarding the construction of a new Locust Street I-80 Interchange and upgrading Locust Street to a 4-lane roadway. The agreement provided that upon completion of Hall County's improvements and construction obligations, the 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. The agreement provides that the City will accept the rights and obligations to the road including operation and maintenance. The City of Grand Island, as the owner of the property, passed resolution #2011-13 on January 11, 2011 requesting annexation of the property and directing staff to prepare an ordinance for annexation. This ordinance was passed on first reading on January 25, 2011. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. No utilities are necessary to support the property included in this annexation. The city is already responsible for the maintenance of the roads contained in this annexation whether they are in the municipal limits or not. No new residences or businesses would be added to the City as a result of this annexation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Approved as to Form ¤ ___________ February 4, 2011 ¤ City Attorney ORDINANCE NO. 9286 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of the Right-Of- Way for South Locust Street from the Wood River Diversion Channel south to a point north of the Interstate 80 interchange at South Locust in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A and B” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Grand Island City Council as owners of the property passed Resolution 2011-13 January 11, 2011 petitioning for the annexation of said property; and WHEREAS, the City of Grand Island accepted ownership and maintenance of said property in accordance with prior agreements with the County of Hall and State of Nebraska on October 26, 2010; and WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and WHEREAS, on January 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. * This Space Reserved For Register of Deeds * ORDINANCE NO. 9286 (Cont.) - 2 - BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject ORDINANCE NO. 9286 (Cont.) - 3 - to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: February 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9286 (Cont.) - 4 - ORDINANCE NO. 9286 (Cont.) - 5 - ORDINANCE NO. 9286 (Cont.) - 6 - ORDINANCE NO. 9286 (Cont.) - 7 - ORDINANCE NO. 9286 (Cont.) - 8 - Exhibit B Real property known as South Locust Street situated in Hall County, Nebraska: TRACT A 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 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 TRACT B: 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 ORDINANCE NO. 9286 (Cont.) - 9 - 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 TRACT C: 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; 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 TRACT D: ORDINANCE NO. 9286 (Cont.) - 10 - 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 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 TRACT E: 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 ORDINANCE NO. 9286 (Cont.) - 11 - 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 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 TRACT F: 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 ORDINANCE NO. 9286 (Cont.) - 12 - 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 TRACT G: 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: 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 TRACT H: 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: ORDINANCE NO. 9286 (Cont.) - 13 - 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 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. Item F2 #9289 - Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: February 8, 2011 Subject: Consideration of Amendments to Chapter 32 of the Grand Island City Code Relative to Streets and Sidewalks Item #’s: F-2 Presenter(s): Gary R. Mader, Interim Public Works Director Background The Manual on Uniform Traffic Control Devices (MUTCD) is the national standard for work zone traffic control. Part 6 of the MUTCD provides guidance for the proper installation and maintenance of Temporary Traffic Control (TTC) in zones for construction, maintenance, utility and incident activities. The primary benefit of uniformity and compliance with MUTCD standards for TTC is safety; both for workers within the TTC zone and for road users traveling through or around TTC zones. A properly designed and installed TTC plan has four components; Advance Warning Area (warn of upcoming activity), Transition Area (redirection from the normal driving path), Activity Area (where the activity is taking place) and Termination Area (return road user to the normal driving path). Paragraph 10 of Section 6A.01 of the MUTCD states: “TTC plans and devices shall be the responsibility of the authority of a public body or official having jurisdiction for guiding road users. There shall be adequate statutory authority for the implementation and enforcement of needed road user regulations, parking controls, speed zoning, and the management of traffic incidents. Such statutes shall provide sufficient flexibility in the application of TTC to meet the needs of changing conditions in the TTC zone.” One of the key messages on the Federal Highway Administration’s (FHWA) MUTCD Knowledge Overview website (http://mutcd.fhwa.dot.gov/kno-overview.htm) is “Non- compliance of the MUTCD ultimately can result in loss of federal-aid funds as well as significant increase in tort liability.” The City has received a formal written notification from FHWA confirming the penalties for non-compliance. Discussion Requiring contractors, utility companies, or any other person, firm or corporation performing work within the right of way to comply with the standards of the MUTCD will improve safety for motorists and workers. The ability of City officials to withhold approval of permits for working within the right of way unless evidence that TTC will be properly installed and maintained will prompt companies and individuals to initiate efforts to understand and comply with the standards described in Chapter 6 of the MUTCD TTC standards. By providing authority to the Public Works Director or their representative to direct corrective actions for non-compliant TTC, enforcing the standards of Chapter 6 of the MUTCD can be achieved. The authority to direct corrective actions is imperative for public safety. This proposed code includes a requirement for providing contact information of the individuals responsible for installing and maintaining the TTC. This will simplify occurrences when city officials (including law enforcement) are requested to address non-compliant TTC. This proposed code requires inspection of TTC when work zones are left in place for an extended period of time. This will obligate the individuals responsible for installing the TTC to ensure devices that have been damaged or moved will be replaced or corrected within a reasonable time. 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 change to Chapter 32 of the City Code. Sample Motion Move to approve the ordinance revising Section 32-31 of the Grand Island City Code. §32-31. Barricades Temporary Traffic Control Any person making excavations in any street, alley or other public grounds in the City shall, at all times after such work is commenced and up to its completion and acceptance by the public works director, maintain proper barricades for the protection of the traveling public. Amended by Ord. No. 9205, effective 02/25/09 Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) is the national standard for work zone traffic control. The current version shall be followed. Any contractor, utility company, or any other person, firm or corporation performing work within the right of way of any public street, public way, or alley in the City of Grand Island shall install and maintain Temporary Traffic Control (TTC) in accordance with the standards of the MUTCD. Approval of permits to work within public right of way may be contingent upon evidence of capability to provide, install and maintain TTC devices in accordance with the MUTCD and these provisions. The Director of Public Works or their representative shall have the authority to direct corrective actions for TTC not in compliance with the MUTCD and these provisions. These actions include suspending operations and requiring removal of all equipment and materials from the right of way. If the TTC is left in place longer than 4 hours and no personnel are on the site, the individual responsible for installing the TTC shall provide telephone numbers of personnel who will be available on 24 hours per day, seven days per week basis to the Director of Public Works. These people shall be responsible for repair, correction, replacement and maintenance of the traffic control devices. These people shall perform inspections of the TTC at the site twice during the day and once during the night every 24 hours until the work is completed and the right of way is cleared. Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney ORDINANCE NO. 9289 An ordinance to amend Chapter 32 of the Grand Island City Code; to repeal Section 32-31 pertaining to Barricades as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 32-31 of the Grand Island City Code is hereby amended to read as follows: §32-31.Temporary Traffic Control Part VI of the Manual on Uniform Traffic Control Devices (MUTCD) is the national standard for work zone traffic control. The current version shall be followed. Any contractor, utility company, or any other person, firm or corporation performing work within the right of way of any public street, public way, or alley in the City of Grand Island shall install and maintain Temporary Traffic Control (TTC) in accordance with the standards of the MUTCD. Approval of permits to work within public right of way may be contingent upon evidence of capability to provide, install and maintain TTC devices in accordance with the MUTCD and these provisions. The Director of Public Works or their representative shall have the authority to direct corrective actions for TTC not in compliance with the MUTCD and these provisions. These actions include suspending operations and requiring removal of all equipment and materials from the right of way. If the TTC is left in place longer than 4 hours and no personnel are on the site, the individual responsible for installing the TTC shall provide telephone numbers of personnel who will be available on 24 hours per day, seven days per week basis to the Director of Public Works. These people shall be responsible for repair, correction, replacement and maintenance of the traffic control devices. These people shall perform inspections of the TTC at the site twice during the day and once during the night every 24 hours until the work is completed and the right of way is cleared. SECTION 2. Section 32-31as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. 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. ORDINANCE NO. 9289 (Cont.) - 2 - Enacted: February 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of January 22, 2011 City Council Special Study Session (Retreat) Tuesday, February 08, 2011 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 SPECIAL STUDY SESSION (RETREAT) January 22, 2011 Pursuant to due call and notice thereof, a Special Study Session (Retreat) of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chamber at City Hall, 100 East First Street on January 22, 2011. Notice of the meeting was given in the Grand Island Independent on January 17, 2011. Mayor Jay Vavricek called the meeting to order at 7:47 a.m. The following members were present: Councilmembers John Gericke, Mitch Nickerson, Linna Dee Donaldson, Kirk Ramsey, Scott Dugan, Larry Carney, Chuck Haase, Peg Gilbert, and Randy Gard. Councilmember Bob Niemann was absent. The following City staff was present: Interim City Administrator/F inance Director Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, Former City Attorney Dale Shotkoski, Interim Public Works/Utilities Director Gary Mader, Parks & Recreation Director Steve Paustian, Regional Planning Director Chad Nabity, Building Department Director Craig Lewis, Emergency Management Director Jon Rosenlund, Library Director Steve Fosselman, Fire Chief Troy Hughes, Police Captain Pete Kortum, Human Resources Director Brenda Sutherland, Public Works Engineer Terry Brown, Public Works Project Manager Scott Griepenstroh, Public Information Officer Wendy Meyer-Jerke, and Assistant to the City Administrator Shannon Oster. INVOCATION was given by Dan Naranjo followed by the pledge of allegiance. INTRODUCTION: Interim City Administrator/Finance Director Mary Lou Brown stated that today we would focus on strategic planning. The focus of Council was policy making to stand the test of time. Ms. Brown stated for the City of Grand Island – Strategic Planning was a science and art of planning and directing the political, economic, financial and employee forces into the most advantageous position prior to taking action, in other words “getting your ducks in a row”. Mentioned were the Platte Generating Power Plant, Heartland Events Center, and Island Oasis as decisions Council made years ago that had benefited the City. The Goal for 2011 was “Financial sustainability of City policies and services to best serve the people of Grand Island”. OPENING COMMENTS: Mayor Vavricek commented on the uniqueness of this Council Retreat reflective in “Taking Flight”. The reason for having this retreat in the Council Chambers was the use of technology and GITV to have this meeting aired live. Change, life, a call of service, prepare for the future, dedication, and openness was the reason we were here. No decisions would be made at this meeting, as this was a Study Session. Page 2, City Council Special Study Session (Retreat), January 22, 2011 Mayor commented that this was a team effort and listed the number of years of experience of each department director and the make-up of the current Councilmembers. Mentioned was the importance of the citizens of Grand Island when Council makes decisions. Covered were the following predetermined projects: · Progress on quiet zone with a 2012 completion date · Create a plan that addresses the future of the Lincoln Park Pool · Completion of the Veteran’s athletic Complex · Progress on the Wasmer Detention Cell · Drainage construction from Central Community College to Wood River · Northwest drainage · Development of a plan that addresses aging sewer infrastructure · Negotiation of seven union contracts for four unions Covered were the numerous projected 2011 Study Sessions. STRATEGIC PLANNING: Mary Lou Brown introduced Public Works Project Manager Scott Griepenstroh (Grip) who presented the process for Federally Funded Projects through the Nebraska Department of Roads and the importance of money available. The current funding sources were presented: · Surface Transportation Funds (STP) – Federal Aid Routes (80-20 Match) · Transportation Enhancement (TE) – Trails, Historic Preservation (80-20 Match, max $500,000) · Highway Safety Improvement Program (HSIP) – Transportation Safety Issues (Up to 90- 10 Match) · Highway Bridge Program – Replacement or Rehabilitation of Bridges (80-20 Match) · Rail Safety Program – address safety for rail/roadway crossings (match varies 0% to 100%) · Safe Routes to Schools (SRTS) – enable and encourage K-8 students to walk/bike to school (no match, max $250,000) · Emergency Relief Program (ER) – restore eligible roads/bridges to “pre-disaster” condition 80-20 match) Federal aid requirements, project delivery – initiation to letting and National Environmental Policy Act of 1969 were reviewed. Grip mentioned a Responsible Charge (RC) was required to apply for federal aid projects. He currently serves in that position for the City and stated part of the costs for the RC was reimbursable. The goal was to capture federal dollars for the City. Discussion was held concerning matching funds and the amount received from federal funding on projects planned within the City. The amount of extra time for City staff to apply for these funds was mentioned. The following projects were currently on schedule for federal funds: · Wasmer Detention Cell Storm Sewer Improvements Page 3, City Council Special Study Session (Retreat), January 22, 2011 · Walk to Walnut Safe Routes to Schools · State to Capital Connector Trail Transportation Enhancement · Morman Island Trail Bridges Transportation Enhancement · Downtown Historical Lighting Transportation Enhancement · Grand Island Quiet Zone Improvements (Phase I) · Lift Station #7 Disaster Recovery Interim Public Works Engineer Terry Brown reviewed the 1 & 6 Year Street Improvement Plan. Projects scheduled for 2011 construction year totaled $1,657,000. Several projects previously planned were being moved to the 2012 construction year, which totaled $3,121,000. The 2013 construction year totaled $3,052,250; 2014 construction year totaled $1,585,000, 2015 construction year totaled $1,745,000 and 2016 and after construction years totaled $25,176,000. Discussion was held regarding continuing the Transportation Committee to work with the Public Works Department to review projects that would qualify for federal funding. Mr. Brown stated additional RC’s were needed for the City of Grand Island to accomplish getting the most federal funding possible. He would be taking the test in May 2011 to become a RC. Interim Public Works/Utilities Department Director Gary Mader reported on other Capital Projects: Wastewater, Water, and Electric and amounts budgeted for the next three years. Discussion was held regarding additional capital projects such as treating nitrate in the water from JBS and who should pay for this. Mr. Mader stated a rate study was being done. Renewable Portfolio Standard was explained. Dale Shotkoski explained the licensing permits for JBS and past issues. Break: a.m. to 10:03 a.m. to 10:18 a.m. Stewardship of City Owned Property: Building Department Director Craig Lewis reported on the following 3 to 10 year needs: · Council – Chamber lighting up-dates · City Hall (CIRCA 1992) – replace roof, hearing and air conditioning, parking lot, building annex · Fire – New fire station in NE area, expand existing stations to accommodate genders, exercise rooms, training facilities · Finance – customer service center · Library – HVAC renovations, automation · Security – evaluate security in all City buildings · Parks – Lincoln Pool, build-out for Vet’s complex, updated Island Oasis & park restrooms and equipment · Emergency Management – Alternate 911 site, new expanded center · Public Works – shop garage · Old City Hall · New City Hall - 911 alternative site - Customer service Page 4, City Council Special Study Session (Retreat), January 22, 2011 · One Stop Building and Lease Parks and Recreation Director Steve Paustian reviewed the following existing Park Facilities that needed updates: · Lincoln Pool – 1975 · Jack Rabbit Run Golf Course – 1977 · Stolley Restrooms – 1981 · Ryder Restrooms – 1984 · Island Oasis - 1993 Discussion was held concerning future planning for each of these projects. Mr. Paustian stated he was notified this week that the Lincoln Pool permit was granted for this year’s operation with some requirements to be met. Mr. Lewis answered questions concerning the One Stop Building. Mr. Paustian answered questions concerning a north/south Hike Bike trail that was in the Parks Plan and whether the Racquet Club which had been leased was meeting their agreement. Privatization: Human Resources Director Brenda Sutherland gave a presentation on the viability of privatization. Current services that were privatized in Grand Island were Garbage Collection, Animal Control, Forestry, Economic Development, and Little League and Softball Programs. The following were presented as viable alternatives to privatization: · Expertise is no t available with current staff · Task is not a regular occurrence · Expediency · Need for specialized equipment · Liability · $$$ - can be done for less than if the duties were handled internally Reasons privatization is not a viable alternative: · Loss of control · Loss of quality · Less flexibility · Loss of other duties performed · $$$ - may not be less expensive when all things are considered · Loss of transparency · Loss of political responsiveness · Public accountability The following were services the City outsourced now: · Heating and Cooling Repairs · Turf maintenance – fertilizing, aeration, etc. (excluding Parks Dept.) · Mechanical maintenance · Specialized services such as legal counsel, surveys, etc. · Snow removal Page 5, City Council Special Study Session (Retreat), January 22, 2011 · Construction projects · Engineering Discussion was held regarding the responsibility of providing government services. It was suggested that a committee be formed and a policy framework form be created that the City would follow in deciding to privatize. Comments were made that some things currently outsourced needed to be brought back into the City such as Economic Development. Annexation: Regional Planning Director Chad Nabity reported on anne xation. The following were reasons to Annex: to bring property that is developed near the City into the City limits; to allow the City to grow beyond the suburban development; to provide for the extension of City Utilities (increase customer base); and to increase the sales and property tax base of the City. Mr. Nabity reported that when the City annexes if looks at the following: proximity to City limits, is it adjacent?; population, opportunities for growth, extension of services, and tax base – property tax revenue. Break: 11:50 a.m. to 12:00 noon. LUNCH WITH THE HALL COUNTY BOARD OF SUPERVISORS: The meeting reconvened at 12:00 noon. The following Hall County Board of Supervisors were present: Pam Lancaster, Gary Quandt, W.P. Bud Jefferies, Dan Purdy, Stephen Schuppun, and David Ziola and County Clerk Marla Conley. State Fair Overview and Update: Joseph McDermott gave a PowerPoint presentation on the 2010 State Fair. Reviewed were attendance numbers for the Fair along with plans for 2011. State Fair RV Park was mentioned with 211 permanent pads. More signage along South Locust Street, parking, traffic, sidewalks along the entrance, and stop lights were a few of the items brought up to improve the 2011 State Fair. The food and beverage occupation tax would be required for the concession vendors at the 2011 State Fair. More Public/Private relationships would be focused on in the future. Emergency Management Strategic Planning: Emergency Management Director Jon Rosenlund presented the various programs shared by Hall County. Recent Accomplishments were: · Completed first phase of Alternate 911 · Completed 2010 Local Emergency Operations Plan · 80% of Narrowbanding Infrastructure Complete - $122,868.00 in Homeland Security Grant dollars · Warning & notification systems – CodeRED & Sirens through grants · Public Awareness & Involvement – CERT – 318 Training & Volunteer Hours and $6,630.00 in benefits to the County Page 6, City Council Special Study Session (Retreat), January 22, 2011 The following items were on the horizon: · Complete Narrowbanding Upgrade & Migration · Continue Warning Siren Replacement · Alternate 911 Center Phase II · Exercise of Emergency Operations Center · 911 Phone System Replacement · Next Generation E911 (text, SMS) · Facility Needs Discussion was held concerning joint Emergency Management services with other counties. Efficiency and effectiveness were mentioned as important issues to look at if the City was looking at adding or working with multiple counties. Consolidated dispatch through technology was mentioned. Break: 1:11 p.m. to 1:21 p.m. BARNSTORMING: Mary Lou Brown presented additional revenue streams would either be Council enacted or voter approved. The following were revenue generation ideas: · Expansion of Emergency Management Interlocal Agreement - Provide emergency management services to additional counties - Results in lower fixed costs · Convention center turnback tax - Recovers state revenue to offset potential state revenue reductions - Several issues to be researched · Increase existing telephone and mobile telecommunications occupation tax - Increase the current rate 1% - Up to $200,000 of additional revenue · Naming Rights - Develop a policy related to naming rights and charge a fee for those rights · Surcharge on State Fair Admission tickets · Facility use fee - Fieldhouse - Tickets · Public/Private cost sharing · Impound and storage fee · Airline enplanements surcharge · Get our share of Federal dollars · Grant writing expectations for each department · Food and Beverage Occupation Tax - Level the playing field by including State Fair Vendors Page 7, City Council Special Study Session (Retreat), January 22, 2011 - Allowance to defray related costs associated with hosting the State Fair · Odor occupation tax · Payment of fines to schools - Encourage legislation that allows cities to retain some portion of fines for citations · Increase charge for City owned recreational facilities - Renegotiate usage revenue with education partners Comments were made concerning the Odor Committee, which was an example of a public/private partnership. Dale Shotkoski answered a question concerning sales tax within the State Fair. This was being collected on items sold. Assistant City Attorney Jason Eley stated the current City Code allowed for the occupation tax and would be collected at the 2011 State Fair. Discussion was held concerning allowing cities to retain a portion of fines for citations. Comments by council brought forward for increased revenues were leasing fiber optic space, gaming events, fees to cover actual cost for recreational facilities, ambulance fees for lift assists and patient transfers. Police Captain Pete Kortum commented on impound fees at the Police Department. COUNCIL RULES OF ENGAGEMENT: Roberts Rules of Order: Sandy Olson, PRP presented a PowerPoint presentation concerning Parliamentary Procedure and “How to be an Effective Member”. Ms. Olson stated elected council members represent the citizens in deliberation and vote. Covered were deliberation, voting, decorum, debate, addressing remarks only to the Presiding Officer, and division of the question. Rights of majority, minority, individual members, absentees and all of these together were explained. The following motions were explained in depth: amendment, commit, postpone definitely, previous question, lay on the table, reconsider, rescind, recess, and question of privilege. Role of Council, Open Meeting Law, Executive Sessions, Conflict of Interest, and Census Redistricting: Interim City Attorney Jason Eley reported the City Council was responsible for setting the policies that shape Grand Island. City Departments were responsible for carrying out the day-to- day operations of the City and implement the policies of the City Council. The Nebraska Open Meetings Act, Closed Sessions, Conflict of Interest, and Census Redistricting were presented and discussed. Discussion was held regarding the use of electronic media during Council meetings and the confidentiality of Executive Sessions. Committee Liaisons: Mayor Vavricek stated he wanted to have a discussion regarding the Boards and Commissions where City Councilmembers served as liaisons. He commented on those Boards and Commissions that were not required by City Code or Interlocal Agreements. Page 8, City Council Special Study Session (Retreat), January 22, 2011 Discussion was held regarding which Boards and Commissions were not necessary. Comments were made regarding the BID Boards and the importance to have City representation. Regional Planning Director Chad Nabity encouraged a City representative on the Regional Planning Commission. Mayor Vavricek commented on the Heartland Events Center board. Scott Zana is currently representing the City, which was appointed by the Mayor and approved by City Council. Discussion was held concerning Council representation on this board. Mayor stated other boards that might have validity of Council representation were the State Fair Board and the Odor Committee. Council made comments that it was important to have Council, the Mayor or City Administrator representation on the State Fair Board. Comments were made that the Odor Committee was needed. Council/Staff Communications, Study Sessions/Council Meetings, General Requests: Mayor commented that Study Session packets would not have the detailed information that the Regular Meetings have. He stated we would have more Study Sessions in the future. Information for Regular Meetings would be provided to Council as in the past. SUMMARIZATION: Mary Lou Brown stated there would be one more retreat in a more typical retreat format to discuss in more detail the 2011/2012 budget. Ms. Brown thanked the staff for putting together the retreat and Council for attending. CONCLUDING COMMENTS: Mayor Vavricek commented on the teamwork and the foundation that were laid today. Looking at the big picture, using creative minds, and dedication were important. Mayor thanked everyone for attending and stated another Retreat was planned for March. ADJOURNMENT: The meeting was adjourned at 4:40 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of January 25, 2011 City Council Regular Meeting Tuesday, February 08, 2011 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 January 25, 2011 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 January 25, 2011. Notice of the meeting was given in The Grand Island Independent on January 19, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Randy Gard, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. Councilmember Bob Niemann was absent. The following City Officials were present: Interim City Administrator/Finance Director Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, Interim Public Works Engineer Terry Brown, and Interim Public Works/Utilities Director Gary Mader. INVOCATION was given by Pastor Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council member Evan Dexter and Board Member Jennifer Cramer. Mayor commented on the Council Retreat and participation of the Council for long range planning. Mentioned was a hearing at the legislature to be held tomorrow that could impact the City regarding revenues. Finance Director Mary Lou Brown gave the December 2010 Financial Report. Mentioned was the December financials were holding strong from a cash perspective. Food and Beverage tax were coming in strong as well as other taxes. Reduced level of expenditures helped to balance the budget at this time. PRESENTATIONS AND PROCLAMATIONS: Recognition of Bob Sorensen former City Councilmember for 24 Years of Service with the City of Grand Island. The Mayor and City Council recognized Bob Sorensen, one of the longest serving City Councilmember’s to the City of Grand Island. Mr. Sorensen was thanked for his dedication, knowledge and service to the City. Mr. Sorensen was present for the recognition and said a few words regarding the years he served. Recognition of Ray Micek, Electric Distribution Superintendent with the Utilities Department for 45 Years of Service to the City of Grand Island. The Mayor and City Council recognized Ray Micek, Electric Distribution Superintendent for 45 years of service with the City of Grand Island. Mr. Micek will be retiring on February 4, 2011. Utilities Department Director Gary Mader made a few comments concerning Mr. Micek’s service. He was thanked for his dedication and service to the City. Mr. Micek was present for the presentation and said a few words of thanks to the Utilities Department and their employees. Recognition of Katie Wichman and Suzanne Swantek with the Grand Island Fire Department’s Citizen’s Citation Award. The Mayor and City Council recognized Katie Wichman and Suzanne Page 2, City Council Regular Meeting, January 25, 2011 Swantek for their life saving efforts on July 4, 2010. Fire Chief Troy Hughes and Russ Blackburn, EMS Division Chief presented Ms. Wichman and Ms. Swantek with the Citizen Citation Award and thanked them for their outstanding efforts. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 805 Allen Drive (GI Hospitality, Inc.). Gary Mader, Utilities Director reported that acquisition of a utility easement located at 805 Allen Drive was needed in order to have access to install, upgrade, maintain, and repair public water lines and fire hydrants for the purpose of retain public ownership and public maintenance of a fire hydrant . Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 809 Allen Drive (Paul and Linda Younes). Gary Mader, Utilities Director reported that acquisition of a utility easement located at 809 Allen Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of underground conduit, cable and a pad-mounted transformer to supply electric service to the new Buffalo Wild Wings building. Staff recommended approval. No public testimony was heard. ORDINANCES: #9286 – Consideration of Annexation Right-of-Way along 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 (First Reading) Regional Planning Director Chad Nabity reported this was the first of three readings and was not suggesting extension of the zoning jurisdiction as a result of this annexation. Discussion was held regarding sewer and electrical services for this annexation. Mr. Nabity stated no utilities were necessary to support the property included in this annexation and no new residences or businesses would be added to the City as a result of this annexation. Staff recommended approval. Motion by Dugan, second by Ramsey to approve Ordinance #9286 on first reading. Upon roll call vote, all voted aye. Motion adopted. Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9287 – Consideration of Amending Chapter 4 of the Grand Island City Code Relative to Alcohol Sales #9288 – Consideration of Amending the Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted. Page 3, City Council Regular Meeting, January 25, 2011 #9287 – Consideration of Amending Chapter 4 of the Grand Island City Code Relative to Alcohol Sales Parks and Recreation Director Steve Paustian reported Ordinance #9287 would allow alcohol sales for concession operations at the Veterans Athletic Field Complex as was discussed at the January 18, 2011 City Council Study Session. The following people spoke in opposition: · Adam Lunes, 1317 West 6th Street · Sandy Yager, 1007 S. Plum Street · Manny Lopez, 408 W. Koenig Street · Eric Eckstrom, 304 S. Plum Street · Donald Bass Sr., 307 E. Nebraska Avenue · Cory (could not understand last name or address) Eric Buckner, 310 E. 21st Street spoke in a neutral position. Motion by Gilbert, second by Ramsey to approve Ordinance #9287. Comments were made by Council regarding the response from the community who were against the sale of alcohol at the Veteran’s Field Athletic Complex. Mentioned were enforcement, safety, and image of Grand Island, losing teams, revenue, and other City owned property. City Clerk: Ordinance #9287 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Gilbert and Ramsey voted aye. Councilmember’s Haase, Carney, Nickerson, Donaldson, Dugan, Gard, and Gericke voted no. Motion failed. #9288 – Consideration of Amending the Salary Ordinance Human Resources Director Brenda Sutherland reported that Ordinance #9288 was in response to items pointed out by the auditors during the last audit and were housekeeping issues. Motion by Donaldson, second by Nickerson to approve Ordinance #9288. Discussion was held regarding the $30.00 VEBA for non-union employees. Ms. Sutherland stated this had been in effect for 6 or 7 years and explained it was a health related benefit after the employee was no longer employed with the City. Uniform allowance and stand-by pay were discussed. Interim City Administrator/Finance Director Mary Lou Brown commented on the budget process that included these items. City Clerk: Ordinance #9288 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. Page 4, City Council Regular Meeting, January 25, 2011 City Clerk: Ordinance #9288 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Gard, and Gericke voted aye. Councilmember Haase voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9288 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent Agenda item G-9 was removed for further discussion. Motion by Ramsey, second by Gard to approve the Consent Agenda excluding item G-9. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 11, 2011 City Council Regular Meeting. Approving Minutes of January 18, 2011 City Council Study Session. #2011-15 – Approving Acquisition of Utility Easeme nt Located at 805 Allen Drive (GI Hospitality, Inc.). #2011-16 – Approving Acquisition of Utility Easement Located at 809 Allen Drive (Paul and Linda Younes). #2011-17 – Approving Bid Award for Water Main Project 2009-W-1, Cedar Street and Union Pacific Railroad with Van Kirk Brothers Contracting of Sutton, Nebraska in an Amount of $178,172.30. #2011-18 – Approving Bid Award for Water Treatment System Replacement with Eco-Tec, Inc. of Pickering, Ontario in an Amount of $427,956.13. #2011-19 – Approving Bid Award for Vista Switchgear with Kriz Davis Company of Grand Island, Nebraska in an Amount of $142,183.74. #2011-20 – Approving Change Order No. 3 for Primary Clarifier Mechanisms at the Wastewater Treatment Plant with Oakview Construction, Inc. of Red Oak, Iowa for a reduction of $3,100.00 and a Revised Contract Amount of $633,217.00. #2011-22 – Approving Physio-Control Monitors Maintenance Contract Addendum with Medtronic Emergency Response Systems for an Increase in an Amount of $5,668.65 and a Revised Contract Amount of $42,368.65 per year. #2011-23 – Approving Consent and Waiver for Baird Holm LLP to Represent the City of Grand Island. #2011-24 – Approving Required Interim Amendment for the City of Grand Island’s 457(b) Retirement Plan Document. #2011-21 – Approving Bid Award for (1) 2011 Ford Crown Victoria RWD Full Size Police Sedans with Anderson Ford, Grand Island, Nebraska in an Amount of $22,163.84. Police Page 5, City Council Regular Meeting, January 25, 2011 Captain Pete Kortum reported due to uncertain budget cuts by the State of Nebraska that may affect the City; they were requesting one cruiser instead of four to replace a totaled cruiser. Questioned was if the price for one cruiser would change since we were not getting four. Police Captain Kortum stated the price would stay the same. Motion by Gilbert, second by Gericke to approve Resolution #2011-21. Upon roll call vote, all voted aye. Motion adopted. REQUEST S AND REFERRALS: Approving Referral of the One & Six Year Street Improvement Plan to the Regional Planning Commission. Interim Public Works Engineer Terry Brown reported that adoption of a One and Six Year Street Improvement Plan was required by State law as part of the requirements to receive approximately three million dollars of gas tax funds each year. If approved for referral, the Regional Planning Commission would conduct a Public Hearing at their February 2, 2011 meeting and would forward their recommendations to the City Council at their February 8, 2011 regular meeting. The report would then be submitted to the Nebraska Department of Roads by March 1, 2011. A PowerPoint presentation was given showing the 2011, 2012, 2013, 2014, 2015, and 2016 and beyond Construction projects and amounts. Discussion was held regarding adding to the list Webb Road between Highway 30 and Stolley Park Road and Broadwell Avenue from 281 Airport Road to Capital Avenue. Mr. Brown commented on round-a-bouts and the Broadwell Crossing remaining on the list. Motion by Gilbert, second by Haase to approve referring the One & Six Year Street Improvement Plan to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2011-25 – Consideration of Approving Lease/Purchase for Heavy Duty Rescue Pumper. Mayor Vavricek stated due to budgetary concerns raised by potential State legislature bills, this item was pulled from the agenda. #2011-26 – Consideration of Approving Purchase of Heavy Duty Rescue Pumper. Mayor Vavricek stated due to budgetary concerns raised by potential State legislature bills, this item was pulled from the agenda. #2011-27 – Consideration of Amending the Lease Agreement for the One Stop Building. Building Department Director Craig Lewis reported that the Department of Administrative Services, State Building Division and Agency of the State of Nebraska had requested an amendment to the lease agreement for property they were leasing located at 1306 West 3rd Street. They currently lease 9,572 square feet at a monthly rate of $6,947.68 and want to reduce that to 7,590 square feet at a monthly rate of $5,509.08 for the remaining term of the lease. The current lease agreement expires on June 30, 2011. Page 6, City Council Regular Meeting, January 25, 2011 Discussion was held regarding the lease, future use of this building, and the price per square foot for rent currently being received. Ms. Brown commented on options for the building. Mr. Lewis recommended that the City write the new lease if it’s renewed. Motion by Gericke, second by Nickerson to deny Resolution #2011-27 and negotiate a new lease agreement for the property with the State Building Division. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of January 12, 2010 through January 25, 2011, for a total amount of $2,811,738.64. Unanimously approved. Ms. Brown answered a question concerning a claim paid to EMC from the General Insurance Fund for property damage. Motion by Dugan, second by Nickerson to approve the Claims for the Period of January 12, 2010 through January 25, 2011 for the Veterans Athletic Field Complex for a total amount of $2,247.54. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:33 p.m. RaNae Edwards City Clerk Item G3 Approving Councilmember Appointments to Boards and Commissions Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Council Agenda Memo From: Mayor Jay Vavricek Meeting: February 8, 2011 Subject: Approving Councilmember Appointments to Boards and Commissions Item #’s: G-3 Presenter(s): Mayor Jay Vavricek Background It is customary in December of each year for the Mayor to recommend appointments of Councilmember’s to represent the City on various Boards and Commissions. After a thorough review Mayor Vavricek has submitted the following appointments for 2011. Discussion The following appointments have been submitted by the Mayor for approval. These appointments will become effective immediately and will expire on December 31, 2011: Building Code Advisory Board: Larry Carney Business Improvement District #4: Kirk Ramsey (So. Locust – Stolley to Fonner) Business Improvement District #6: Bob Niemann (2nd Street) Business Improvement District #7: Scott Dugan (So. Locust – Hwy 34 to Stolley) Business Improvement District #8: Randy Gard (Downtown) Central District Health Board (Term of 3 years): Chuck Haase Emergency Management/Communications : John Gericke & Mitch Nickerson Community Development Advisory Board: Linna Dee Donaldson Community Redevelopment Authority: Randy Gard GI Area Economic Development Corp.: Peg Gilbert Humane Society: Scott Dugan & Chuck Haase Law Enforcement Co-Location: Bob Niemann Library Board: Peg Gilbert Odor Committee : Larry Carney, John Gericke, Bob Niemann & Kirk Ramsey Problem Resolution Team: Larry Carney & John Gericke Regional Planning Commission: Mitch Nickerson Systems Information Advisory Committee (Spillman): Scott Dugan (City/County) Transportation Committee: Randy Gard, Peg Gilbert & Kirk Ramsey Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the appointments of Councilmember’s to Board and Commissions 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 recommendation of the Mayor. Sample Motion Move to approve the appointments of Councilmember’s to the Boards and Commissions for 2011 as recommended by the Mayor. Item G4 #2011-28 - Approving Acquisition of Utility Easement - 2820 Riverside Drive - Country Club Holding Association This item relates to the aforementioned Public Hearing Item E-1. Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ February 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-28 WHEREAS, a public utility easement is required by the City of Grand Island, from Country Club Holding Association, 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 February 8, 2011, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT #1 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet to the ACTUAL Point of Beginning of Tract #1; thence N89º06’16”W, a distance of one hundred thirty nine and ninety four hundredths (139.94) feet; thence N21º48’22”W, a distance of two hundred (200.0) feet. TRACT #2 The southerly line of a ten (10.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet to the ACTUAL Point of Beginning of Tract #2; thence S89º06’16”E, along the northerly line - 2 - of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet. TRACT #3 The westerly line of a ten (10.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48); thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet to the ACTUAL Point of Beginning of Tract #3; thence S00º05’46”E, along the easterly line of the said present L.E. Ray Park property, a distance of one thousand two hundred forty five and twenty one hundredths (1,245.21) feet to a point on the northerly right-of-way line of U.S. Highway 34. TRACT #4 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28), Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet; thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet to the ACTUAL Point of Beginning of Tract #4; thence N23º20’50”E, a distance of three hundred twenty seven and sixteen hundredths (327.16) feet; thence N28º42’15”W, a distance of one hundred twenty two and eighty four hundredths (122.84) feet; thence - 3 - N60º13’12”E, a distance of two hundred thirty (230.0) feet. TRACT #5 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southwest corner of the Southwest Quarter (SW ¼) of Section Twenty Eight (28,) Township Eleven (11) North, Range Nine (9) West; thence northerly along the west line of the Southwest Quarter (SW ¼) of said Section Twenty Eight (28) on an assumed bearing of N00º17’14”W, a distance of two hundred one and fifty hundredths (201.50) feet; thence N34º59’46”E, along the northerly line of present L.E. Ray Park property, a distance of five hundred fifty eight (558.0) feet; thence N70º06’46”E, along the northerly line of the said present L.E. Ray Park property, a distance of eight hundred eleven and sixteen hundredths (811.16) feet; thence N49º47’46”E, along the northerly line of said present L.E. Ray Park property, a distance of five hundred forty two and forty eight hundredths (542.48) feet; thence S89º06’16”E, along the northerly line of the said present L.E. Ray Park property, a distance of one thousand one hundred fifty nine and forty hundredths (1,159.40) feet; thence N23º20’50”E, a distance of three hundred twenty seven and sixteen hundredths (327.16) feet to the ACTUAL Point of Beginning of Tract #5; thence N50º10’03”E, a distance of one hundred ninety eight and thirty four (198.34) feet; thence N69º23’00”E, a distance of six hundred eight and twenty four hundredths (608.24) feet; thence N45º00’03”E, a distance of two hundred fourteen and twenty eight hundredths (214.28) feet; thence N77º22’06”E, a distance of sixty eight (68.0) feet. TRACT #6 The centerline of a twenty (20.0) foot wide utility easement and right-of way tract being more particularly described as follows: Commencing at the southeast corner of Lot One (1), Larsen Acres Subdivision; thence southwesterly along the southerly line of said Lot One (1), on an assumed bearing of S54º44’35”W, a distance of one hundred eight and seventy one hundredths (108.71) feet to the southwest corner of said Lot One (1), being the ACTUAL Point of Beginning of Tract #6; thence S00º05’18”W, a distance of one hundred twenty five (125.0) feet. The side lines of the above described tracts shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way tracts containing a combined total of 1.57 acres more or less, as shown on the plat dated 11/23/2010, 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, - 4 - authorized to acquire a public utility easement from Country Club Holding Association, on the above- described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-29 - Approving Change Order #1 - Water Main Project 2009-W-6 6th Street from Pine Street to Elm Street Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: February 8, 2011 Subject: Water Main Project 2009-W-6 – Sixth Street; from Elm Street to Pine Street – Change Order #1 Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background The project area is located in part of the Original Town of Grand Island and is designated for revitalization as defined by the Nebraska Department of Economic Development. A location site map is attached. The construction contract, for the referenced project, was awarded to K2 Construction of Lincoln, Nebraska. The work involved replacement of the 100 year old 4” diameter water main in the project area, with a new 8” diameter ductile-iron water main and service lines. The project’s funding is being provided by the Utilities Department and a Community Development Block Grant. Grant funding for this project totals $239,748. The original contract amount was $293,911.47 and needs to be modified to reflect required changes in the installation of the water line. The proposed change order would increase the amount of the contract by $11,065.33. The new contract amount would be $304,976.80. Discussion Upon contract completion, the complete quantities list of the project was reviewed for both increases and decreases, with the changed amounts reflecting a net increase in the contract amount of $11,065.33. A detailed listing of quantity changes is attached. Connecting the new water main into the existing water lines in the 6th and Pine Streets intersection is where most of the changes occurred. The encountered configuration and size of the existing piping was not as reflected in historical records. The scope and difficulty in installing the new main, and the abandonment of the 100 year old main, resulted in additional fittings and restraints needing to be used. There was also increased work associated with the paving removal and replacement. The existing brick road surface was laid on top of 12” of concrete. This resulted in additional removal and replacement quantities. 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 Utility Engineering staff has reviewed all changes and recommends that the Council approve Change Order #1 in the amount of $11,065.33, which would make the new contract amount $304,976.80. Sample Motion Move to approve Change Order #1 to the contract for Water Main Project 2009-W-6 with K-2 Construction. CHANGE ORDER #1 TO: K2 Construction 7701 Cornhusker Highway Lincoln, NE 68507 PROJECT: Water Main Project 2009-W-6 Water Main Replacement – Sixth Street, from Elm to Pine Street You are hereby directed to make the following change in your contract: 1. Amend the original contract price of $293,911.47 to $304,976.80, an increase of $11,065.33, due to necessary addition and deletion of project materials. Amount of Original Contract Price $ 293,911.47 Addition / Deletion of Project Materials (see attached) 11,065.33 Final Contract Price $ 304,976.80 Change Order #1 $ 11,065.33 Approval and acceptance of this Change Order acknowledges understanding and agreement that no additional claims will be considered. APPROVED: CITY OF GRAND ISLAND By: Date: Mayor Attest: Approved as to Form, City Attorney ACCEPTED: K2 CONSTRUCTION By: Date: Approved as to Form ¤ ___________ February 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-29 WHEREAS, K2 Construction of Lincoln, Nebraska, was awarded the contract for Water Main Project 2009-W-6, Sixth Street; from Elm Street to Pine Street, at the July 13, 2010 City Council meeting; and WHEREAS, upon completion of the contract work, the unit quantities were totaled for both contract price reductions and contract price additions; and WHEREAS, the adjustment of the contract unit quantities resulted in a net contract price addition of $11,065.33; and WHEAREAS, Change Order #1 was prepared for the final construction contract adjustment, resulting in a final contract amount of $304,976.80. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with K2 Construction of Lincoln, Nebraska resulting in an additional cost of $11,065.33, for a final contract price of $304,976.80, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-30 - Approving One-Call Member Services Agreement (Digger's Hotline) Tuesday, February 08, 2011 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 Jason Eley, Interim City Attorney Meeting: February 8, 2011 Subject: One Call Member Services Agreement Item #’s: G-6 Presenter(s): Gary R. Mader, Utilities Director Background In 1994, the Diggers hotline and One Call center was established under the one-call notification system act, Nebraska Statutes 76-2301 to 76-2330. This act requires all Nebraska utilities to be members of Diggers Hotline for the protection of citizens and utility workers alike. This service enables customers to have the location of all existing underground utilities within a property identified by simply calling one phone number. On March 11th, 1996, City Council approved a Member Services Agreement to comply with state law. Discussion Diggers Hotline is in the process of updating the agreements with Nebraska utilities with current information. This includes updated information such as telephone and fax numbers as well as instructions related to various methods of electronic transmittal. The procedural requirements and terms and conditions are unchanged from the original contract. The 2011 contract would replace the original 1994 agreement. Alternatives It appears that the Council that 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 updated One Call Member Services Agreement. Sample Motion Move to approve the updated One Call Member Services Agreement. Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-30 WHEREAS, in 1994, the Diggers Hotline and One Call Center was established under the One-Call Notification System Act, Nebraska Statutes §76-2301 to §76-2330; and WHEREAS, this Act requires all Nebraska utilities to be members of Diggers Hotline and the City Council approved a Member Services Agreement to comply with state law on March 11, 1996; and WHEREAS, Diggers Hotline is updating the agreements with current information. WHEAREAS, the City Attorney’s office has reviewed and approved the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Updated One Call Diggers Hotline Contract be, and hereby is, approved in accordance with the terms of the agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-31 - Approving Agreements for Temporary Construction Easements in the Lift Station #7 Disaster Recovery Project Area (Grant Street to Arthur Street, between Oklahoma Avenue and Phoenix Avenue) Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: February 8, 2011 Subject: Approving Agreements for Temporary Construction Easements in the Lift Station #7 Disaster Recovery Project Area (Grant Street to Arthur Street, between Oklahoma Avenue and Phoenix Avenue) Item #’s: G-7 Presenter(s): Gary R. Mader, Interim Public Works Director Background The Lift Station #7 Disaster Recovery project is for work to update the pumping capacity of the lift station located on Grant Street near Oklahoma Avenue and to repair or replace broken and leaking sewer mains within the Lift Station #7 collection area. Lift Station #7 serves the general area from John Street to Stolley Park Road and from Ada Street to Harrison Street. The project is mostly funded by Community Development Block Grant Disaster Recovery funds. These funds are administered by the State of Nebraska Department of Economic Development and are being used for disaster recovery activities for damages that occurred during the incident period from May 22, 2008 and June 24, 2008. During that period, Grand Island received over 22” of rainfall. The combination of a high water table and surface waters caused overloading of the sanitary sewer system, resulting in backups of 139 homes/businesses in this area. The estimate of the work is $1,003,675. Of the total project cost, $160,000 will be funded through Grand Island Wastewater funds. Public Works plans to let the project to contract in the spring of 2011. Actual work may start in the summer or fall. The entire project may take up to ten weeks to complete. Discussion The planned work includes replacing or repairing sanitary sewer pipe in the alley from Grant Street to Arthur Street between Oklahoma Avenue and Phoenix Avenue. A ten foot temporary construction easement will be needed on each side of the alley from Grant Street to Arthur Street. In November 2010, brochures and maps describing the project were mailed to residents from whom the easements are to be acquired. A public informational meeting was held at the First Presbyterian Church, 2103 West Anna Street, on December 2, 2010, to explain the project and the need for temporary easements during project construction. Citizens were allowed the opportunity to ask questions and provide comments. All easement documents have been signed and returned by the property owners. Authorization of the easement documents is contingent upon City Council approval. 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 Agreements for Temporary Construction Easement between the City of Grand Island, Public Works Department and the involved property owners. Sample Motion Move to approve the Temporary Construction Easements. 7 Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-31 WHEREAS, temporary construction easements are required by the City of Grand Island, from property owners on each side of the alley from Grant Street to Arthur Street, in the Lift Station #7 Disaster Recovery project area, and are as follows: · Mary N. Reitan, Revocable Living Trust - The south ten (10) feet of Lot One (1), Block Seven (7) in Parkhill Second Subdivision · Randal K. Gunn and Carla J. Gunn – The south ten (10) feet of Lot Two (2), Block Seven (7) in Parkhill Second Subdivision · Patricia A. Moeller – The south ten (10) feet of Lot Three (3), Block Seven (7) in Parkhill Second Subdivision · Miguel & Raquel Flores – The south ten (10) feet of Lot Four (4), Block Seven (7) in Parkhill Second Subdivision · Brad R. Wentzlaff and Mary E. Wentzlaff – The south ten (10) feet of Lot Five (5), Block Seven (7) in Parkhill Second Subdivision · Trinh Nguyen and Trung Nguyen – The south ten (10) feet of Lot Six (6), Block Seven (7) in Parkhill Second Subdivision · Danny E. Davis – The south ten (10) feet of Lot Seven (7), Block Seven (7) in Parkhill Second Subdivision · John W. Schultz III – The south ten (10) feet of Lot Eight (8), Block Seven (7) in Parkhill Second Subdivision · Leland D. Bredthauer – The north ten (10) feet of Lot Nine (9), Block Seven (7) in Parkhill Second Subdivision · Sharon R. Wert – The north ten (10) feet of Lot Ten (10), Block Seven (7) in Parkhill Second Subdivision · Peggy Taylor, Elizabeth Zwink, Dorthy C. Strehle Life Estate – The north ten (10) feet of Lot Eleven (11), Block Seven (7) in Parkhill Second Subdivision · Robert H. Failing, Sue Anderson & Maxine A. Failing – The north ten (10) feet of Lot Twelve (12), Block Seven (7) in Parkhill Second Subdivision · Marilyn J. Rank – The north ten (10) feet of Lot Thirteen (13), Block Seven (7) in Parkhill Second Subdivision · James Demler – The north ten (10) feet of Lot Fourteen (14), Block Seven (7) in Parkhill Second Subdivision · Jesus G. Galvan and Victoria Galvan – The north ten (10) feet of Lot Fifteen (15), Block Seven (7) in Parkhill Second Subdivision · Madelene M. Rose – The north ten (10) feet of Lot Sixteen (16), Block Seven (7) in Parkhill Second Subdivision WHEREAS, an Agreement for Temporary Construction Easements has been reviewed and approved by the City Attorney. 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 enter into the Agreements for Temporary Construction Easement on the above described tracts of land. - 2 - BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-32 - Approving Certificate of Final Completion for the Addition to the Transfer Station Storage Building Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: February 8, 2011 Subject: Approving Certificate of Final Completion for the Addition to the Transfer Station Storage Building Item #’s: G-8 Presenter(s): Gary R. Mader, Interim Public Works Director Background Rathman & Manning Corporation of Chapman, Nebraska was awarded an $80,750.00 contract by the City Council on July 13, 2010 for the Transfer Station Storage Building addition. Work on the project commenced on September 3, 2010 and was completed on December 28, 2010. Council approved Change Order Number 1 on December 21, 2010, which allowed for a minor change to the interior 8’ x 8’ overhead door track from a standard lift to a vertical lift. A standard lift track would have unnecessarily used space in the building. By changing to a vertical lift overhead door track, the door and track will not interfere with space between the original building and the new addition. The project completion date was also extended by five weeks from the original date of November 19, 2010. Change Order Number 1 was for $200.00 resulting in a revised contract amount of $80,950.00. Discussion The project was completed in accordance with the terms, conditions and stipulations of the contract, plans and specifications. Work was completed at a total cost of $80,950.00. 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 Certificate of Final Completion for the Addition to the Transfer Station Storage Building. Sample Motion Move to approve the Certificate of Final Completion for the Addition to the Transfer Station Storage Building. CERTIFICATE OF FINAL COMPLETION Addition to the Transfer Station Storage Building CITY OF GRAND ISLAND, NEBRASKA February 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the Addition to the T ransfer Station Storage Building has been fully completed by Rathman & Manning Corporation of Chapman, Nebraska under the contract dated July 13, 2010. The work has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans and specifications. The work is hereby accepted for the City of Grand Island, Nebraska, by me as Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. Addition to the Transfer Station Storage Building Lump Sum $80,750.00 Change Order No. 1 $200.00 Original Project Total $80,950.00 I hereby recommend that the Certificate of Final Completion for the Addition to the Transfer Station Storage Building be approved. ____________________________________________ ___________________________________ Gary R. Mader – Interim Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-32 WHEREAS, the Public Works Director for the City of Grand Island has issued a Certificate of Completion for Addition to the Transfer Station Storage Building, certifying that Rathman & Manning Corporation, of Chapman, Nebraska, under contract, has completed the building addition; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the Public Works Director; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for the Addition to the Transfer Station Storage Building, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-33 - Approving Bid Award for Handicap Ramp Project No. 2010-1 Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Interim Public Works Director Meeting: February 8, 2011 Subject: Approving Bid Award for Handicap Ramp Project No. 2010-1 Item #’s: G-9 Presenter(s): Gary R. Mader, Interim Public Works Director Background On January 11, 2011 the Engineering Division of the Public Works Department advertised for bids for the construction of handicap ramps along various streets in the City. The ramps are required in conjunction with street resurfacing in accordance with Federal ADA (Americans with Disabilities Act) regulations. The ADA compliant curb ramps in the 2010 project are adjacent to the streets in the 2010 Asphalt Resurfacing program. If the ramps are not completed this calendar year, the City will not be in compliance with the ADA act. The City is also required to have a planned schedule for upgrading public sidewalks to conform to ADA requirements. The current schedule and budget will bring the City into compliance in approximately 25 years. Discussion Two (2) bids were received and opened on January 25, 2011. The Engineering Division of the Public Works Department and the Purchasing Division of the City's Attorney's Office have reviewed the bids that were received. A summary of the bids is shown below. Bidder Exceptions Bid Price The Diamond Engineering Co. of Grand Island, NE None $169,331.42 Galvan Construction, Inc. of Grand Island, NE None $175,010.50 Funds are available in Account No. 10033503.85318 & 10033503.85547. 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 bid award to the low compliant bidder, The Diamond Engineering Company of Grand Island, Nebraska in the amount of $169,331.42. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 25, 2011 at 2:15 p.m. FOR: Handicap Ramp Project No. 2010-1 DEPARTMENT: Public Works ESTIMATE: $213,919.93 FUND/ACCOUNT: 10033506-85351 PUBLICATION DATE: January 11, 2011 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: The Diamond Engineering Co. Galvan Construction Grand Island, NE Grand Island, NE Bid Security: Universal Surety Co. Western Surety Co. Exceptions: None None Bid Price: Section A: $63,399.44 $66,255.00 Section B: $15,336.93 $15,130.00 Section C: $90,595.05 $93,655.50 Grand Total: $169,331.42 $175,040.50 cc: Gary Mader, Interim Public Works Director Catrina DeLosh, PW Admin. Assist. Dale Shotkoski, City Attorney Jason Eley, Purchasing Agent Mary Lou Brown, Interim City Administrator P1454 Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-33 WHEREAS, the City of Grand Island invited sealed bids for Handicap Ramp Project Number 2010-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on January 25, 2011 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $169,331.42; and WHEREAS, The Diamond Engineering Company’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $169,331.42 for Handicap Ramp Project No. 2010-1 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-34 - Approving Image Trend Contract for the Fire Department Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Troy Hughes City of Grand Island City Council Council Agenda Memo From: Troy Hughes, Fire Chief Meeting: February 8, 2011 Subject: Approving Image Trend Contract Item #’s: G-10 Presenter(s): Division Chief Fred Hotz Background The Fire Department responded to 4813 calls for service in 2010. Each and every one of these calls needs to be accurately recorded into a record keeping database. The department is currently utilizing Firehouse Software to record these calls. Firehouse is not capable of reporting our medical calls to the State Department of Health as required by statute and does not interface with our dispatching software. The fire department is recommending moving all fire and emergency medical record keeping away from Firehouse Software and over to Image Trend. Discussion Firehouse Software yearly maintenance fees are $3750. The Firehouse maintenance fee is now due, so this decision is timely. Image Trend has proposed a maintenance contract of $3,280 for the first four years and then $1280 (maintenance) annually thereafter. Moving to Image Trend will provide the fire department a savings of $515 per year for the first four years and $2515 for year five of the contract. Savings over five years will be $4575. In addition, Image Trend will directly interface with our emergency center dispatching software and transfer call times directly from the dispatching software to the Image Trend record keeping database. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve a five year contract with Image Trend to provide recording keeping software to the fire department. Sample Motion Move to approve a five year contract with Image Trend to provide record keeping software to the fire department. To: Russ Blackburn Bill To:Same as Ship To Grand Island Fire 101 E. First St Grand Island, NE 68801 308-385-5444 x227 rblackburn@grand-island.com Qty Unit Price Total Software CAD Integration Spillman 1 $8,000.00 $8,000.00 CAD Annual Support 1 $1,280.00 $1,280.00 $3,280.00 See Notes Terms of Agreement · The first payment will be invoiced upon receipt of signed contract. · The recurring Annual Fees will be billed annually in advance. · Project completion occurs upon receipt of the product. Grand Island Fire Signature Date Pete Knutson at 952-469-6210 or pknutson@imagetrend.com or Julie Kaufman-Boom at or jkaufman-boom@imagetrend.com Agreed to and accepted by: Making the web work for business. PROPOSAL Salesperson Proposal Number Date Payments will be divided equally over 4 years as follows: Year 1 = $2000 CAD Integration + $1280 Support = $3280 Year 2 = $2000 CAD Integration + $1280 Support = $3280 Year 3 = $2000 CAD Integration + $1280 Support = $3280 Year 4 = $2000 CAD Integration + $1280 Support = $3280 Year 5 = $1280 Support = $1280 ImageTrend, Inc. If you have any questions regarding this proposal, contact: Thank you for your business! Pete Knutson PK-091 January 19, 2011 Description TOTAL Year 1 Fees after Year 1 952-469-1589 ImageTrend, Inc. 20855 Kensington Blvd Lakeville, MN 55044 Tel: 952-469-1589 Fax: 952-985-5671 www.imagetrend.com Approved as to Form ¤ ___________ February 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-34 WHEREAS, the City Of Grand Island has received a proposal from Image Trend Inc. to provide web based software interface with the City/County Emergency Dispatch CAD system for recording and documenting EMS and Fire Incident Runs; and WHEREAS, the proposal from Image Trend Inc. for five years is for $3,280 the first four years and $1,280 annually thereafter. And this proposal realizes $515 in less expenditures for five years and anticipates $2,515 less expenditures annually thereafter; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Image Trend Inc. of $3280 for the first 4 years and 1280 the 5th year is hereby approved - - - Adopted by the City Council of the City of Grand Island, Nebraska, on February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-35 - Consideration of Requesting the Nebraska Liquor Control Commission to Require El Diamante Night Club, 1600 South Eddy Street to Complete a Long Renewal Form Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: Captain Pete Kortum Meeting: February 8, 2011 Subject: El Diamante Liquor License Renewal Item #’s: I-1 Presenter(s): Captain Pete Kortum Background Liquor licenses are generally automatically renewed each year for licensees within the State of Nebraska. However, local governing bodies may request the Nebraska Liquor Control Commission to have a licensee submit a full application (commonly referred to as a long form). The police department is asking council to make this request to the Nebraska Liquor Control Commission. El Diamante’s owner, Rafael Orozco, has been licensed as a Class I since March 22, 2005. Since that time the police department has found several violations of our local ordinances and state regulations. Many of these incidents involve minors who have consumed alcohol. According to the Nebraska Liquor Control Commission’s public web site, the El Diamante has had their license suspended for a total of 32 days in 2008 (fine paid). According to the Nebraska Liquor Control Commission public web site, Rafael Orozco is the registered agent for a liquor license issue to Rafa’s Tacos, 811 West 2nd, Grand Island. This business has been suspended for 56 days in 2005. Certain portions of City Code do NOT apply if the business “derives its principal business from the sale of services or commodities other than alcoholic liquor.” This has not been the case, however. On many occasions Mr. Orozco has told officers that he is not in violation since he serves food. While discussing the upcoming renewal process, Mr. Orozco informed Sergeant Dave Vitera that the El Diamante is contemplating a change to become primarily a restaurant. Also, an attorney representing Mr. Orozco informed the City’s legal department that the El Diamante plans to become primarily a restaurant. In our view, this information supports the police department’s past enforcement of City Code regarding unattended minors in the bar and non emplo yees in the bar after closing. The Grand Island Police Department’s liquor license investigation is provided. The discussion will detail past violations. Discussion The El Diamante is usually open only on weekend dates. The number of violations is high when considered against a seven day a week business. Within the past 12 months, our department has issued (7) seven citations or made referrals for various violations. Past instances include: January 15, 2006 at 12:00 A.M. officers responded to El Diamante regarding a possible assault. Club security pointed out an individual who had been caught drinking twice. The individual was cited for Minor in Consumption of Alcohol. The minor said he had been in the bar drinking for a couple of hours. February 26, 2006 at 12:59 A.M. The emergency center received a call about a physical fight at the El Diamante. An intoxicated 19 year old reported she was assaulted inside the club. The minor reported that various persons inside provided her with alcohol. The minor was cited for Minor in Consumption of Alcohol. Mr. Orozco was cited under City Code 4-20 for allowing an unattended minor in the bar after 9:00 P.M. Mr. Orozco claimed the minors could be in his club since he served food. March 11, 2006 at 11:37 P.M. officer performed a routine bar check. Officers contacted a 17 year old who was not with his parent or legal guardian. Mr. Orozco was cited for City Code 4-20. Orozco said he was under the impression the juvenile was there with his parents. April 9, 2006 at 12:44 A.M. officers responded to a noise complaint. Officers found three individuals standing in club entrance. As the persons left officers contacted them outside. One subject was jailed for Minor in Consumption of Alcohol. A second minor was referred for a probation violation for consuming alcohol. The parties denied drinking inside the El Diamante. September 17, 2006 at 12:51 A.M. officers responded to El Diamante on a report of an assault. Officers found the victim bleeding after being struck with a beer bottle. Two individuals were arrested for felony assault. Two minors were arrested for misdemeanor assault and Minor in Consumption of Alcohol. September 23, 2006 at 11:19 P.M. officers from Grand Island Police and the Hall County Sheriff’s Department performed a compliance check at El Diamante. Three minors were cited fo r Minor in Possession. Two of the three did not have any identification. One individual was removed after officers documented evidence of service to an intoxicated person. Also, three minors ages 17, 16, and 12 were removed who were not accompanied by parents or guardians. June 10, 2007 at 1:20 A.M. officers responded to the El Diamante on a report of a loud vehicle. Two subjects were in the lot yelling and were in possession of alcohol. One was a minor and was arrested for Minor in Possession of Alcohol. December 2, 2007 at 12:11 A.M. officers arrived at El Diamante on a report of loud music. Upon arrival the officer found security personnel breaking up a fight in a restroom. The officers jailed one of the participants for Minor in Consumption and Prohibited Acts for a false I.D. card. April 6, 2008 at 1:56 A.M. officers responded to an anonymous tip that persons were still drinking inside the bar after hours. Officers arrived to find 10-15 parked vehicles and other vehicles entering and leaving the lot. In addition, a person tried to enter the club but the doors were locked. Officer contacted an employee identifying themselves as officer requesting admittance. After five minutes, the officers were allowed entry. When asked why he didn’t let the officers in, the employee said he was new and wanted to get permission from Mr. Orozco. Officers discovered about 28 customers and two employees. Mr. Orozco said he was only serving food. The incident was referred to the Nebraska Liquor Commission. June 6, 2008 at 9:15 P.M. a compliance check was made at the El Diamante. Deputies reported two C.I.’s were sent in to attempt a purchase of alcohol. It was reported that Mr. Orozco sold to the minors. He was cited for two counts of selling to minors. Orozco denied selling to the minors. November 6, 2009 at 10:50 P.M. officers conducted a bar check and discovered approximately 22 unattended minors. Officers found that alcohol was still being served. Employees claimed the minors were there for a fundraiser and were brought by parents, although officers determined they were unaccompanied at this time. The juveniles were removed. March 13, 2010 at 12:00 A.M. officer conducted a bar check. Officers observed an individual running from the El Diamante parking lot. The individual was jailed for Minor in Consumption of Alcohol. The individual denied being in the bar but was wearing a wrist band given by the El Diamante to those 21 years and older. He later admitted he was given to wrist band by security and he may have been drinking in the bar, but other people bought for him. September 12, 2010 at 1:25 A.M. officers performed an afterhour’s bar check. The front door was locked and officers entered through the back door. Officers observed an individual drinking one beer and having a bucket of additional unopened beer in front of him. Orozco was cited for the sale and dispensing of alcohol after hours. Orozco said the person must have been hiding the beer from him. October 24, 2010 at 1:35 A.M. officers entered the El Diamante and discovered alcoholic beverages in front of several patrons. Mr. Orozco was cited for the offense. December 5, 2010 at 12:04 A.M. officers conducted a bar check. Two individuals were found under age and unaccompanied by parent or guardian. There was no evidence of alcohol, and they left. While officers were there, four individuals that officers described as obviously underage entered without being checked. Officers referred Orozco for violation of City Code 4-20. December 5, 2010 at 1:37 A.M. officers observed persons leaving the bar. Officers made entry and found patrons inside the bar eating. Mr. Orozco was referred for City Code 4-23. Unlawful Presence. December 19, 2010 at 1:26 A.M. officers discovered numerous people who were not employees inside the bar. Mr. Orozco was referred for violation of City Code 4-23 Unlawful Presence. January 15, 2011 at 1:25 A.M. officers observed approximately 20 people inside the bar after 1:25 A.M. Officers contacted several persons who identified themselves as minors and admitted they were accompanied by parent or guardian. A situation arose where officer had to tend to a potentially dangerous person, and the minors left without officers able to complete the documentation. Mr. Orozco was referred for violation of Section 4- 23. On December 12, 2010 a shooting took place on the El Diamante premises. The El Diamante rented a room within the building but not connected to the main bar area. Officers found evidence of alcohol inside and outside of the rented room. Most attendees were minors. Officers did not find any employees of the El Diamante supervising the room or other grounds covered by the liquor license. The shooting remains under investigation. The pattern of violations demonstrates non-compliance to City Code and rules of the Nebraska Liquor Control Commission. The El Diamante presents potential danger for minors within the community and disruption to the neighborhood. The police department supports a request to the Nebraska Liquor Control Commission requiring a new application from El Diamante. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass a resolution that a written request be sent to the Nebraska Liquor Control Commission that the owner of El Diamante make application for a new license. Sample Motion Move to approve a resolution whereby the City of Grand Island makes a written request to the Nebraska Liquor Control Commission that requires the owner of El Diamante to make application for a new license. Approved as to Form ¤ ___________ February 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-36 WHEREAS, El Diamante is located at 1600 South Eddy Street and has obtained a Class I Liquor License No. 65760 on March 22, 2005 which will expire on April 30, 2011; and WHEREAS, the Nebraska Liquor Control Act 53-135. Retail licenses; automatic renewal; conditions; licensed premises within annexed area; effect. States in part: “The commission may at any time require a licensee to submit an application, and the commission shall at any time require a licensee to submit an application if requested in writing to do so by the local governing body”; and WHEREAS, the Nebraska Liquor Act 53-117.08. License; suspend, cancel, or revoke; hearing; conviction; court; duty. States in part: “If any licensee violates the regulations adopted and promulgated by the commission or any lawful ordinance of the local governing body, the commission may, after a proper hearing, suspend, cancel, or revoke the license” and WHEREAS, the City of Grand Island Code 4-20 and 4-23 are lawful ordinances governing licensed liquor establishments; and WHEREAS, evidence was presented through police reports demonstrating El Diamante’s violations of the above City Code; and WHEREAS, police records show the Grand Island Police Department has responded to 92 calls for service at this location since March 27, 2005, where numerous incidents involve other violations of State of Nebraska liquor laws; and WHEREAS: the owner, Rafael Orozco, has not demonstrated the type of management and control sufficient to insure the licensed business conforms to the provisions of the license. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a written request be sent to the Nebraska Liquor Control Commission requiring the owner of El Diamante liquor license to make application for a new license. Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: - 2 - _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-36 - Consideration of One & Six Year Street Improvement Plan This item relates to the aforementioned Public Hearing Item E-2. Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Gary R. Mader, Interim Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ February 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-36 WHEREAS, the Regional Planning Commission, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 2, 2011, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, at the February 2, 2011 public hearing, the Regional Planning Commission approved the One and Six Year Street Improvement Program 2011-2016, and recommended that such program be approved by the City Council; and WHEREAS, the Grand Island City Council, after public notice having been published in one issue of the Grand Island Independent, and such notice also having been posted in at least three places in areas where it was likely to attract attention, conducted a public hearing on February 8, 2011, on the One and Six Year Street Improvement Program for the City of Grand Island; and WHEREAS, this Council has determined that the One and Six Year Street Improvement Program as set out in Exhibit “A” should be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the One and Six Year Street Improvement Program 2011-2016, based on priorities of needs and calculated to contribute to the orderly development of city streets, and identified as Exhibit “A”, is hereby approved and adopted by this Council. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of January 26, 2011 through February 8, 2011 The Claims for the period of January 26, 2011 through February 8, 2011 for a total amount of $1,511,408.03. A MOTION is in order. Tuesday, February 08, 2011 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 January 26, 2011 through February 8, 2011 for the Veterans Athletic Field Complex The Claims for the Veterans Athletic Field Complex for the period of January 26, 2011 through February 8, 2011 in the amount of $2,381.15. A MOTION is in order. Tuesday, February 08, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council