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11-08-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 08, 2011 Council Session Packet City Council:Mayor: Jay Vavricek 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 Jones, Third City Christian Church, 4100 West 13th 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 C1 Recognition of Dr. Rebecca Steinke, 2011 Physician Volunteer of the Year and Dr. Jama Obermiller, 2011 Dentist Volunteer of the Year The Mayor and City Council will recognize Dr. Rebecca Steinke, 2011 Physician Volunteer of the Year and Dr. Jama Obermiller, 2011 Dentist Volunteer of the Year. Our thanks go to these two Doctor's for their outstanding service and contribution to our community. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of the Nebraska National Guard In recognition of Veterans Day this Friday, November 11, 2011 the Mayor and City Council will recognize those men and women from Nebraska serving in the Nebraska National Guard. Our thanks and appreciation go to these courageous individuals and others from all branches of service, both past and present for their dedication and service to our country. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item D1 2011-BE-6 - Consideration of Determining Benefits for Water Main District 456T - Engleman Road from 13th Street to Old Potash Hwy,, and Old Potash Hwy., east of Engleman Road for 600' Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Timothy Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Jason Eley, Assistant City Attorney/Purchasing Meeting: November 8, 2011 Subject: Board of Equalization Determining Benefits for Water Main District 456T Item #’s: D-1 & G-6 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 456T is along Engleman Road from 13th Street to Old Potash Highway and in Old Potash Highway, east of Engleman Road for 600 feet. The project included installation of a 20” diameter main along the westerly side of the water system to resolve hydraulic deficiencies to the northwest area of the City. Discussion The project was completed by the Diamond Engineering Company of Grand Island, in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. The final Contract was price was $537,854.24. The Engineer’s Certificate of Final Completion is attached. The work was done as a connection fee district, which is the Department’s standard method for large main extensions. The connection fees are computed by taking the total chargeable amount and dividing it by the District’s frontage. This arrives at a per front foot fee of $46.120794. The connection fees will be collected when the properties within the District’s boundary connect to (tap) the water main for service. 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 set the connection fees for the properties within Water Main District 456T as tabulated on the attached listing. Sample Motion Move to approve the connection fees for the properties within Water Main District 456T. Water Main District 456T Water Work Order #22652 Contractor: Diamond Engineering 20" Main- Engleman Road- Old Potash Highway to 13th Street ITEMDESCRIPTIONQTY ESTEST UNIT $TOTAL EST $Unit $Total $PLACEDCOMPLETED $C.1.0132" Dia x 0.500" Steel Casing73.0LF360.0026,280.00383.1027,966.30 73.00LF27,966.30 C.1.0220" D.I. Pipe (sj)6,043.7LF70.00423,059.0061.50371,687.55 6,038.70LF371,380.05 C.1.0320"x 20"x 16"x 16" Cross (mj)1.0EA2,200.002,200.001,093.001,093.00 1.00EA1,093.00 C.1.0420"x 20"x 20" Tee (mj)1.0EA1,500.001,500.002,300.002,300.00 1.00EA2,300.00 C.1.0520"x 20"x 6" Tee (mj)7.0EA1,000.007,000.00827.005,789.00 7.00EA5,789.00 C.1.0620"x 12" Reducer (mj)1.0EA750.00750.00497.00497.00 1.00EA497.00 C.1.0720"x 22.5º Ell (mj)4.0EA1,000.004,000.00732.002,928.00 2.00EA1,464.00 C.1.0820"x Plug (mj)1.0EA300.00300.00418.00418.00 1.00EA418.00 C.1.0920" Sleeve Coupling13.0EA1,000.0013,000.00946.0012,298.00 12.00EA11,352.00 C.1.1016" Sleeve Coupling3.0EA800.002,400.00225.00675.00 1.00EA225.00 C.1.1120" Butterfly Valve6.0EA3,600.0021,600.004,180.0025,080.00 6.00EA25,080.00 C.1.1216" Butterfly Valve1.0EA2,900.002,900.002,800.002,800.00 1.00EA2,800.00 C.1.136"x24" Hydrant Offset Adapter (mj)1.0EA500.00500.00532.00532.00 0.00EA0.00 C.1.14Valve Box7.0EA200.001,400.00136.00952.00 8.00EA1,088.00 C.1.15Fire Hydrant Assembly6.0EA3,000.0018,000.001,330.007,980.00 6.00EA7,980.00C.1.16Thrust Block14.0EA300.004,200.00510.007,140.00 12.00EA6,120.00 C.1.178 Mil Polyethylene6,142.0LF4.0024,568.000.955,834.90 6,142.00LF5,834.90 C.1.18Remove & Reinstall Fire Hydrant1.0EA1,000.001,000.00430.00430.00 1.00EA430.00 C.1.19Remove & Reinstall 6" Gate Valve & Box1.0EA300.00300.00203.00203.00 1.00EA203.00 C.1.20Remove & Reinstall 6" x90º Ell1.0EA100.00100.00200.00200.00 1.00EA200.00 C.1.21Saw Cut131.0LF5.00655.003.85504.35 170.00LF654.50 C.1.22Remove Asph Roadway207.0SY7.001,449.006.651,376.55 137.70SY915.71 C.1.23Replace Asph Roadway207.0Ton60.0012,420.0035.257,296.75 137.70Ton4,853.93 C.1.24Remove & Replace Field Driveway4.0EA1,000.004,000.00160.00640.00 4.00EA640.00C.1.25Roadway Seeding & Mulching4.7AC3,000.0014,100.001,730.008,131.00 4.70AC8,131.00 C.1.26Salvage 16"x16"x12"x12" Cross (mj)1.0EA300.00300.00167.00167.00 1.00EA167.00 C.1.27Salvage 20"x8" Reducer (mj)1.0EA100.00100.00133.00133.00 1.00EA133.00 C.1.28Salvage 8"x6" Reducer (mj)1.0EA100.00100.00133.00133.00 1.00EA133.00 C.1.29Salvage 12" Cap & Retainer Gland1.0EA200.00200.00100.00100.00 1.00EA100.00C.1.30Salvage 12" Butterfly Valve & Box1.0EA300.00300.00180.00180.00 1.00EA180.00 C.1.31Salvage 12" Sleeve Coupling2.0EA100.00200.00107.00214.00 2.00EA214.00 C.1.32Salvage 16" D.I. Pipe (sj)12.0LF5.0060.0012.30147.60 12.00LF147.60 C.1.33Salvage 12" D.I. Pipe (sj)93.0LF5.00465.0011.001,023.00 93.00LF1,023.00C.1.34Salvage 6" D.I. Pipe10.0LF5.0050.0010.65106.50 10.00LF106.50 C.1.35Remove & Dispose Conc Blocking2.0EA100.00200.00185.00370.00 2.00EA370.00 C.1.36Restoration of Easement Area1.0Sum5,000.005,000.000.000.00 1.00Sum0.00 C.1.37Traffic Control1.0Sum0.000.00 1.00Sum0.00 Contract Amount 594,656.00 $497,326.50 Amount Completed $489,989.48 Geotechnical Services $985.00$985.00 Johnson Appraisal, LLC $3,000.00$3,000.00Van Kirk Sand & Gravel (16" Romac Pipe Couplings)$791.35$791.35 Hall County Sheriff's Office $71.49$71.49 Robin Irvine Easement $5,500.00$5,500.00Hawkins, Inc. (Chlorine)$319.85$319.85 Diamond Engineering Fill Dirt / Concrete $5,221.57$5,221.57 Water Department Materials Ticket #1865 & #1858$10,588.10$10,588.10Water Department Labor & Overhead $108.45$108.45Engineering Labor & Overhead $21,278.95$21,278.95 $47,864.76 TOTAL DISTRICT COSTS:$537,854.24 CONNECTION FEE FOR WATER MAIN DISTRICT 456T Price per linear foot=$46.120794 OWNERDESCRIPTIONFOOTAGEFEEThomas & Elizabeth Lea Baxter, H & WPt. E 1/2, NE 1/4 Sec. 15-11-10 (see attached sheet)5,230.70 $241,244.04Ted LechnerPt. N 1/2, NW 1/4, NW1/4 Sec. 14-11-10 (see attached sheet)511.70 $23,600.01 Ted Lechner & Jacqueline HanoverPt. S 1/2, NW 1/4 Sec. 14-11-10 (see attached sheet)1,985.20 $91,559.00 Robin & Barbara M. IrvinePt. W1/2, SW1/4 Sec. 14-11-10 (see attached sheet)3,223.40 $148,665.77 Copper Creek EstatesPt. W1/2, NW1/4 Sec. 23-11-10 (see attached sheet)260.00 $11,991.41 Midland Ag Service, Inc.Lot 1, M and M Subdivision340.86 $15,720.73 Shirley KlinginsmithLot 1, Block 1, Highland Park Subdivision110.00 $5,073.29 11,661.86$537,854.25 Thomas and Elizabeth Baxter, H & W 4461 W Capital Ave Grand Island, NE 68803 Part of the NE 1/4, and SE 1/4, Section 15, T11N, R10W Front Footage - 5230.7’ Connection Fee - $241,244.04 Beginning at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the westerly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the said westerly right-of-way line of the Engleman Road, a distance of five thousand two hundred thirty and seven tenths (5,230.7) feet to the northerly right-of-way line of Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the westerly right-of-way line of said Engleman Road, to the southerly right-of-way line of said Thirteenth (13th) Street; thence easterly along the southerly right-of-way line of said Thirteenth (13th) Street, a distance of one hundred sixty seven (167.0) feet to the said Point Of Beginning. Teddy Lechner 4311 W 13th Street Grand Island, NE 68803 Part of the NW 1/4, Section 14, T11N, R10W Front Footage - 511.7’ Connection Fee - $23,600.01 Commencing at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the easterly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of one hundred seventeen (117.0) feet to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) Section Fourteen (14) Township Eleven (11) North, Range Ten (10) West of the 6th PM Hall County, Nebraska; thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet; thence westerly parallel with the northe rly line of said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet to the said Point Of Beginning. Teddy Lechner 4311 W 13th Street Grand Island, NE 68803 and Jacqueline Hanover 1104 N North Rd Part of the NW 1/4, Section 14, T11N, R10W Front Footage - 1985.2’ Connection Fee - $91,559.00 Commencing at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the easterly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of six hundred twenty eight and seven tenths (628.7) to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the southerly line of the Northwest Quarter (NW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County, Nebraska; thence easterly along the southerly line of the Northwest Quarter (NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14); thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet to the said Point Of Beginning. Robin and Barbara Irvine, H and W 56520 310th Ave Ravenna, NE 68869 Part of the SW 1/4, Section 14, T11N, R10W Front Footage - 3223.4’ Connection Fee - $148,665.77 Beginning at the intersection of the northerly right-of-way line of Old Potash Highway and the easterly right-of-way line Engleman Road; thence northerly along the easterly right-of-way line of said Engleman Road to the northerly line of the Southwest Quarter (SW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County , Nebraska; thence easterly along the northerly line of the Southwest Quarter (SW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence southerly parallel to the easterly right-of-way line Engleman Road, a distance of two thousand four hundred forty six and nine tenths (2,446,9) feet; thence easterly parallel with the southerly line of said Section Fourteen (14), a distance of four hundred forty two and five tenths (442.5) feet; thence southerly a distance of one hundred sixty seven (167.0) feet to the northerly right-of-way line of said Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of six hundred nine and five tenths (609.5) feet to the said Point Of Beginning. Copper Creek Estates – Grand Island, LLC 1116 E Hwy 30 Cozad, NE 69130 Part of the NW 1/4, Section 23, T11N, R10W Front Footage - 260.0’ Connection Fee - $11,991.41 Commencing at the Northwest corner of Section Twenty Three (23) Township Eleven (11) North Range Ten (10) West of the 6th PM,, Hall County, Nebraska; thence easterly along the northerly of said Section Twenty Three (23), a distance of three hundred eighty and eighty six hundredths (380.86) feet to the Northeast corner of M And M Subdivision; thence southerly along the easterly of said M And M Subdivision, a distance of thirty three (33.0) feet to a point on the southerly right-of way line of Engleman Road being the Actual Point Of Beginning; thence continuing southerly along the easterly of said M And M Subdivision, a distance of one hundred sixty seven (167.0) feet; thence easterly parallel with the northerly line of said Section Twenty Three (23), a distance of two hundred sixty (260.0) feet to a point on the westerly line of Copper Creek Estates Subdivision; thence northerly along the weste rly line of said Copper Creek Estates Subdivision, a distance of hundred sixty seven (167.0) feet to a point on the southerly right-of way line of said Engleman Road; thence westerly along the southerly right-of way line of said Engleman Road, a distance two hundred sixty (260.0) feet to said Point Of Beginning. Midland Ag Services, Inc. 1012 Shady Bend Rd Grand Island, NE 68801 Lot One (1) M And M Subdivision Front Footage - 340.86 Connection Fee - $15,720.73 ********************************************************************************************************** Shirley Klinginsmith 521 Sheridan St St Paul, NE 68873 Lot One (1) Block One (1) Highland Park Subdivision Front Footage - 110.0’ Connection Fee - $5,073.29 Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-BE-6 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Water Main District 456T, after due notice having been given thereof, that we find and adjudge: That the benefits accruing to the real estate in such district to be the total sum of $537,854.25; and Such benefits are equal and uniform; and According to the area of the respective lots, tracts, and real estate within such Water Main District No. 456Tm such benefits are the sums set opposite the several descriptions as follows: Name Description Connection Fee Thomas and Elizabeth Baxter, Husband & Wife Beginning at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the westerly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the said westerly right-of-way line of the Engleman Road, a distance of five thousand two hundred thirty and seven tenths (5,230.7) feet to the northerly right-of- way line of Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the westerly right-of-way line of said Engleman Road, to the southerly right-of-way line of said Thirteenth (13th) Street; thence easterly along the southerly right-of-way line of said Thirteenth (13th) Street, a distance of one hundred sixty seven (167.0) feet to the said Point of Beginning. $241,244.04 Teddy Lechner Commencing at the intersection of the southerly right-of- way line of Thirteenth (13th) Street and the easterly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of one hundred seventeen (117.0) feet to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) Section Fourteen (14) Township Eleven (11) North, Range Ten (10) West of the 6th PM Hall County, Nebraska; thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet; thence westerly parallel with the northerly line of said Section Fourteen (14), a distance of one hundred $23,600.01 - 2 - sixty seven (167.0) feet to the said Point Of Beginning. Name Description Connection Fee Teddy Lechner and Jacqueline Hanover Commencing at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the easterly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of six hundred twenty eight and seven tenths (628.7) to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the southerly line of the Northwest Quarter (NW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County, Nebraska; thence easterly along the southerly line of the Northwest Quarter (NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14); thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet to the Said Point of Beginning. $91,559.00 Robin and Barbara Irvine, Husband and Wife Beginning at the intersection of the northerly right-of-way line of Old Potash Highway and the easterly right-of-way line Engleman Road; thence northerly along the easterly right-of- way line of said Engleman Road to the northerly line of the Southwest Quarter (SW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County , Nebraska; thence easterly along the northerly line of the Southwest Quarter (SW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence southerly parallel to the easterly right-of-way line Engleman Road, a distance of two thousand four hundred forty six and nine tenths (2,446,9) feet; thence easterly parallel with the southerly line of said Section Fourteen (14), a distance of four hundred forty two and five tenths (442.5) feet; thence southerly a distance of one hundred sixty seven (167.0) feet to the northerly right-of-way line of said Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of six hundred nine and five tenths (609.5) feet to the Said Point of Beginning $148,665.77 Copper Creek Estates – Grand Island, LLC Commencing at the Northwest corner of Section Twenty Three (23) Township Eleven (11) North Range Ten (10) West of the 6th PM,, Hall County, Nebraska; thence easterly along the northerly of said Section Twenty Three (23), a distance of three hundred eighty and eighty six hundredths (380.86) feet to the Northeast corner of M And M Subdivision; thence southerly along the easterly of said M And M Subdivision, a distance of thirty three (33.0) feet to a point on the southerly $11,991.41 - 3 - right-of way line of Engleman Road being the Actual Point Of Beginning; thence continuing southerly along the easterly of said M And M Subdivision, a distance of one hundred sixty seven (167.0) feet; thence easterly parallel with the northerly line of said Section Twenty Three (23), a distance of two hundred sixty (260.0) feet to a point on the westerly line of Copper Creek Estates Subdivision; thence northerly along the westerly line of said Copper Creek Estates Subdivision, a distance of hundred sixty seven (167.0) feet to a point on the southerly right-of way line of said Engleman Road; thence westerly along the southerly right-of way line of said Engleman Road, a distance two hundred sixty (260.0) feet to Said Point of Beginning. Midland Ag Services, Inc. Lot One (1) M And M Subdivision $15,720.73 Shirley Klinginsmith Lot One (1) Block One (1) Highland Park Subdivision $5,073.29 BE IT FURTHER RESOLVED that the special benefits as determined by this resolution shall not be levied as special assessments, but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103,R.R.S. 1943. A connection fee in the amount of the above benefit accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. - - - Adopted by the City Council of the City of Grand Island, Nebraska November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #43, 1222 South Locust Street for a Class "D" Liquor License Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 8, 2011 Subject: Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #43, 1222 South Locust Street for a Class “D” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Bosselman Pump & Pantry, Inc. dba Pump & Pantry #43, 1222 South Locust Street has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Also submitted with the application was a request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for a Liquor Manager designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Bosselman Pump & Pantry, Inc. dba Pump & Pantry #43, 1222 South Locust Street for a Class “D” Liquor License contingent upon final inspections and Liquor Manager designation for Susan McAfee, 18963 7th Avenue, Dannebrog, Nebraska contingent upon Ms. McAfee completing a state approve alcohol server/seller training program. 11/02/11 Grand Island Police Department 450 11:18 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 10:40:00 10/31/2011 Occurred before : 10:40:00 10/31/2011 When reported : 10:40:00 10/31/2011 Date disposition declared : 10/31/2011 Incident number : L11104038 Primary incident number : Incident nature : Liquor Lic Inv Liquor License Investigation Incident address : 1309 Diers Ave N State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD Grand Island Police Department Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 4967 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- ----- LW L11104040 11/02/11 Liquor Lic Inv Related NM 5453 10/31/11 Bosselman, Brandi K Secretary NM 17868 10/31/11 Bosselman, Charles D Jr President NM 22099 10/31/11 McAfee, Larry Scott Susan's Spouse NM 23148 10/31/11 Bosselman, Laura Charles Jr.'s Spous NM 51098 10/31/11 Bosselman, Janet K Charles' Spouse NM 65426 10/31/11 Lofing, James D Brandi's Spouse NM 94953 10/31/11 McAfee, Susan R Manager NM 114562 10/31/11 Bosselman, Charles D Chairman NM 171097 10/31/11 Pump & Pantry # 44, Business LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT07 Convenience Store LAW INCIDENT NARRATIVE: I Received a Copy of a Liquor License Application from Pump & Pantry and a Liquor Manager Application from Susan McAfee. Date, Time: Tue Nov 01 15:06:07 CDT 2011 Reporting Officer: Vitera Unit- CID Bosselman Pump & Pantry bought the Byco Stores at 1222 S. Locust and 1309 N. Diers. They are currently selling alcohol on a Temporary Operating Permit (TOP) issued by the NLCC. Each new Pump & Pantry has applied for a Class D corporate liquor license which is for beer, wine, and distilled spirits off sale only. Members of the corporation are: Charles Bosselman (Chairman), Charles Bosselman Jr. (President), and Brandi Bosselman (Secretary/Treasurer). Spouses listed are: Janet Bosselman, Laura Bosselman, and James Lofing. On the application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge. Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." The "No" box was checked. It also asks that the charges be associated to the person convicted if there is more than one person on the application. I checked all parties through NCJIS and found that Charles has an undisclosed speeding conviction from 2000, Janet was convicted of speeding on '98 and 2002, Charles Jr. was convicted of DUI in 1983 and speeding in 2009, Brandi was convicted of a stop sign/fail to yield violation in '06, and James was convicted of speeding in 1998. The information stated in the preceding paragraph are examples of why this application is technically false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) which states: "No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license." The traffic convictions would fall under state law or local ordinance. Either way, the convictions are an infraction or a misdemeanor that do not rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically nullify the liquor license. I also checked Susan and Larry McAfee through NCJIS in regard to the manager application. Larry signed a Spousal Affidavit of Non Participation form. They each disclosed multiple traffic convictions. I found one undisclosed traffic conviction for each of them. Susan has been listed on many manager applications for Pump & Pantry. The new convictions are fairly recent. It appears that she just hasn't updated her application. As far as I know, the GIPD has not had any significant problems with the numerous Pump & Pantry stores in Grand Island, nor are there any issues with Susan McAfee. The applicants should be cautioned about reading and filling out the application completely and keeping it updated, but the Grand Island Police Department has no objection to the issuance of a liquor license for the new Pump & Pantry stores or to Susan McAfee being the liquor manager. Item E2 Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #44, 1309 Diers Avenue for a Class "D" Liquor License Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 8, 2011 Subject: Public Hearing on Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #44, 1309 Diers Avenue for a Class “D” Liquor License Item #’s: E-2 & I-2 Presenter(s): RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A) To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B) To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C) To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Bosselman Pump & Pantry, Inc. dba Pump & Pantry #44, 1309 Diers Avenue has submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liq uor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. (See attached Police Report under Public Hearing item E-1.) Also submitted with the application was a request from Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska for a Liquor Manager designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Bosselman Pump & Pantry, Inc. dba Pump & Pantry #44, 1309 Diers Avenue for a Class “D” Liquor License contingent upon final inspections and Liquor Manager designation for Susan McAfee, 18963 7th Avenue, Dannebrog, Nebraska contingent upon Ms. McAfee completing a state approve alcohol server/seller training program. Item E3 Public Hearing on Request from Pamela D. Hall dba BT’s Lounge, 2320 South Locust Street for a 12’ x 26’ Addition - Beer garden to Liquor License "C-24627" Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 8, 2011 Subject: Public Hearing on Request from Pamela D. Hall dba BT’s Lounge, 2320 South Locust Street for an Addition of a Beer Garden to Class “C-24627” Liquor License Item #’s: E-3 & I-3 Presenter(s): RaNae Edwards, City Clerk Background Pamela D. Hall dba BT’s Lounge, 2320 South Locust Street has submitted an application for a Beer Garden, an addition to their Class “C-24627” Liquor License. The request includes an area of approximately 12’ x 26’ to be added to the southwest side of the existing building. (See attached drawing.) Discussion Chapter 2, Section 012.07 of the Nebraska Liquor Control Commission Rules and Regulations define “Beer garden” as “an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises” City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the request for a 12’ x 26’ Beer Garden addition to Pamela D. Hall dba BT’s Lounge, 2320 South Locust Street, Liquor License “C-24627” contingent upon final inspections. Item F1 #9339 - Consideration of Annexation for Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Annexation Area 3a) (Se Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: November 8, 2011 Subject: Annexation Areas Identified as 3a, 6, 7, 12, and 13 (Second Reading) Item #’s: F-1, F-2, F-3, F-4, and F-5 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background At the March 22, 2011 meeting of the Grand Island City Council a resolution was passed that directed the planning department and other city staff as follows: · to proceed with preparing annexation plans (as required and defined by statute), · to notify property owners and school districts as required by law, and · to forward the annexation plans to the Regional Planning Commission for review The annexation plans for 6 of the 8 eight identified areas are complete and were considered by the Regional Planning Commission after a public hearing at their meeting held July 6, 2011. At the October 25, 2011 City Council meeting, the Council did not approve annexation area 14. The attached map identifies those areas under consideration at this meeting. Annexation plans for areas identified as 3a, 6, 7, 12, and 13 are available from the City Clerk. On October 11, 2011 the Grand Island City Council passed a resolution of intent to annex these areas, approving the annexation plans as presented and setting public hearings regarding annexation of these areas for October 25, 2011. The public hearings were held on October 25, 2011. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the process approved by Council on March 22nd, 2011 annexation plans have been prepared by staff and referred to the Regional Planning Commission for recommendation. The Planning Commission has made their recommendation and Council has passed a resolution of intent to annex these areas. Council held the public hearings. These areas were approved on first reading at the October 25, 2011 City Council meeting. Annexation ordinances must be read on three separate occasions. Tonight the ordinances will be considered on second reading. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Ordinances on Second Reading 2. Choose not to approve the Ordinances. 3. Modify the ordinance to change the areas under consideration for annexation. 4. Postpone the issue Recommendation That Council approve the ordinances for annexation of Areas 3a, 6, 7, 12, and 13 as presented. Sample Motion Move to approve the ordinances on second reading for annexation of Areas 3a, 6, 7, 12, and 13. From the July 6th 2011 Planning Commission Minutes 4. Public Hearing – Concerning annexation of properties identified as: Annexation Area 3a south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. Eagle Scout Park and the Veterans Field Complex are in this area. Annexation Area 6 located north of Bismark Road to the east side of Stuhr Road. Annexation Area 7 located north of U.S. Highway 34 on the east side of South Locust Street. Annexation Area 12 located north of Husker Highway to the west side of U.S. Highway 281 and Prairieview Street. Annexation Area 13 located south of Old Potash Highway on the west side of North Road. Annexation Area 14 located south of 13th Street on the east and west sides of North Road and north of Faidley Avenue (C-05-2011GI). O’Neill opened the Public Hearing. Nabity briefly talked about the process of annexation; he explained City Council had charged Regional Planning to look at eligible areas for Annexation. City Council had selected eight areas and six of those plans were brought forward to Regional Planning. The remaining two may be brought forward for the August meeting. Annexation Area 3a - U.S. Highway 281 and Broadwell Ave This property is the located in the north central part of the community. It is south of Airport Road/U.S. Highway 281 the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 210 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eagle Scout Park and the Veterans Field Complex are in this area and maintained by the City Parks Department. Annexation Area 6 - Bismark Road and Stuhr Road This property is the located in the southeast part of the community. It is mostly north of Bismark Road the east side of Stuhr Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 50 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Nabity stated he had received a call from Tom Pirnie who owns the majority of the land is this area and he was in support of the annexation. Annexation Area 7 - U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 on the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. Nabity stated one homeowner Heidi Aken and she was in favor of this annexation. Janel Laub, 380 E. Highway 34, said she and her husband bought land there in 1996 to farm next to his parents. If the land were annexed into city limits, their children would no longer be eligible for school driving permits, could not have more numerous flocks of ducklings and they would be subject to higher taxes on farm equipment they purchase. Their land would also eventually cease to be part of the Northwest School District, which has a more rural focus. Two of their children want to be farmers, and a third wants to be a veterinarian, Laub said. If their land were to be annexed, "our whole way of life changes," she told the commission. Evie Laub, 450 E Hwy 34, said the annexation would also separate the farm homestead from the farm ground, which runs to the east to Stuhr Road. Commissioner John Amick of Doniphan concurred. He moved to annex just the western half of the proposed area, which includes the former ball fields and the Heidi Aken house that fronts onto Highway 34. Aken had previously spoken in favor of annexation. Amick said water and sewer is available to the western portion of Area 7, (Aken property) but not to the Laub farmsteads on the east. The entire 65 acres is also not surrounded completely by city limits and the annexation, as originally proposed by the city, would substantially change the rural lifestyle the Laubs have, he said. Annexation Area 12 - U.S. Highway 281 and Husker Highway This property is the located in the southwest part of the community. It is north of Husker Highway the west side of U.S. Highway 281 and Prairieview Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 200 acres of property included in the area that is currently used for agricultural purposes. There is one house and no businesses included in this area. Annexation Area 13 - Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eric Pollock owns this property and was questioning what exactly this meant. Nabity explained his property was surrounded by the city limits and Council is looking to get rid of the “islands” that have been formed. Sewer and water are available. Pollock questioned if there was a utility plan for the drainage because in the northwest quarter there is a drainage issue. Area 3a: U.S. Highway 281 and Broadwell Ave This has 210 acres located south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. City sewer and water is available. It includes the Veterans Athletic Field Complex and Eagle Scout Park and is mostly city-owned so there is no property valuation and no property tax revenue. City annexation would clarify that city police have jurisdiction at the Athletic Complex, which is on ground leased by the city from the state. A motion was made by Hayes to approve the Area 3a Annexation plan as submitted and seconded by Amick. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 6: Bismark Road and Stuhr Road This has 50 acres located north of Bismark Road to the east side of Stuhr Road. City sewer and water is available. Estimated tax base is $100,053. Estimated annual property tax for all political subdivisions is $2,181. A motion was made by Reynolds to approve the Area 6 Annexation plan as submitted and seconded by Brethauer. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 7: U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. A motion was made by Amick to approve the Area 7 Annexation plan with the changes made to the annexation area to remove the Laub properties and to just include the Vanosdal property and the Aken property. This was seconded by Haskins. Finding of Facts noted by Amick were this proposed annexation did not have sewer and water services available. This homestead was used as an ag use home property. Annexation of this property would adversely affect the familes. Haskins agreed with Amick’s findings. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 12: U.S. Highway 281 and Husker Highway This is about 200 acres of farmland located north of Husker Highway and to the west side of U.S. Highway 281 and Prairieview Street. City sewer and water is available. Estimated tax base is $481,334 and estimated property tax revenue is $10,495 a year. A motion was made by Bredthauer to approve the Area 12 Annexation plan as presented and was seconded by Reynolds. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 8 voting in favor (Amick, O’Neill, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and 1 member present voting against (Ruge) and no members abstaining. Area 13: Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. A motion was made by Bredthauer to approve the Area 13 Annexation plan as presented and was seconded by Amick. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no members abstaining. rea 7 has been modified to include fewer properties than shown on this map, but the general area of town remains the same. Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney ORDINANCE NO. 9339 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 west of U.S. Highway 281 and south of Airport Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “3a”as more particularly described hereinafter and as shown on Exhibit “A” 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 public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point On The North Line Of Airport Road, U.S. Highway 281 Said Point Being 2,544.35’ West Of And 86.51’ North Of The Northeast Corner Section 5-11-9 Thence Easterly On A Line 86.51’ North Of And Parallel To The North Of Section 5-11- 9 And Section 4-11-9 To A Point On The West Line Of Homestead Second Subdivision Thence Southerly On A Line To The South Right Of Way Line Of Airport Road Thence Southwesterly To The East Right Of Way Line Of Broadwell Avenue Thence Southerly On The East Right Of Way Line Of Broadwell To A Point On The South Line Of Northwest Quarter Of Northwest Quarter Section 4-11-9 Thence Westerly On Said South Line Northwest Quarter, Northwest Quarter Section 4-11-9 To The West Line Of Section * This Space Reserved For Register of Deeds * ORDINANCE NO. 9339 (Cont.) - 2 - 4-11-9 Thence Southerly On The West Line Of Section 4-11-9 To A Point On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad Thence Northwesterly On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad To A Point On The West Line Of Southeast Quarter Section 5-11-9 Thence Northerly On The West Line Of Southeast Quarter And Northeast Quarter Section 5-11-9 To The Point Of Beginning. WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described 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 will have no impact on 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 ORDINANCE NO. 9339 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. 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 Ordina nce, 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. ORDINANCE NO. 9339 (Cont.) - 4 - 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: November 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9339 (Cont.) - 5 - Item F2 #9340 - Consideration of Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (Second Reading) This item relates to the aforementioned Ordinance item F-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ November 1, 2011 ¤ City Attorney ORDINANCE NO. 9340 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 east of Stuhr Road and north of Bismark Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “6 ”as more particularly described hereinafter and as shown on Exhibit “A” 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 public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point 33’ South Of And 183’ East Of Northwest Corner 23-11-9 Said Point Being On The South Line Of Bismark Road Thence Continuing Easterly On The South Line Of Bismark Road For A Distance Of 177.5’ Thence Northerly On A Line 360.5’ East Of And Parallel To The West Lines Of Section 23-11-9 And 14-11-9 Thence Westerly On A Line 191.1’ North Of And Parallel To The South Line Of Section 14-11-9 For A Distance Of 73.63’ Thence Northerly On A Line 286.87’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 43.30’ Thence Westerly On A Line To A Point 260’ East Of West Line Section 14-11-9 And 234.4’ North Of South Line Of Section 14-11-9 Thence Northerly On A Line 260.0’ East Of And Parallel To The West * This Space Reserved For Register of Deeds * ORDINANCE NO. 9340 (Cont.) - 2 - Line Of Section 14-11-9 For A Distance Of 170.0’ Thence West On A Line To A Point 191.10’ East Of And 404.4’ North Of The South Line Of Section 14-11-9 Thence Northerly On A Line 191.1’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 539.47’ Thence Westerly on A Line 943.87’ North Of And Parallel To The South Line Of Section 14-11-9 To The East Line Of Stuhr Road Thence Northerly On The East Line Of Stuhr Road To The Southwest Corner Of Lot 101 Industrial Addition Thence Easterly On The South Line Of Lot 101, 100 & 90 Industrial Addition For A Distance of 884.63’ Thence Southeasterly On The Southwest Line Of Lot 99 Industrial Addition For A Distance Of 146.53’ Thence Northeasterly On The East Line Of Lot 99 Industrial Addition For A Distance Of 50’ To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said Southerly Line Of Burlington Northern Santa Fe Railroad To The Northwest Corner Lot 102 Industrial Addition Thence Southerly On The West Line Of Lots 102, 110, 111 & 118 Industrial Addition To The Southwest Corner Of Lot 118 Industrial Addition Thence Easterly On The South Line Of Lots 115, 116, 117 & 118 Industrial Addition To The Southeast Corner Of Lot 115 Industrial Addition Thence Northerly On The East Line Of Lots 114 & 115 For A Distance of 380’ ± Thence South Easterly On A Southerly Line Of Lot 114 Industrial Addition To The Southeast Corner Of Lot 114 Industrial Addition Thence Easterly On The South Line Of Lot 114 Industrial Addition To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said South Line Of The Burlington Northern Santa Fe Railroad To A Point Of The South Line Of Bismark Road Thence Southwesterly On A Line For A Distance Of 166.5’± Thence Northwesterly On A Line For A Distance Of 330’ To A Said Point Being 169.4’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line For A Distance of 418.9’ To A Point Being 161’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 1000’ To A Point Being 151’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 587.6’ To A Point 149.63’ South Of The North Line Of Section 23- 11-9 Thence Continuing Westerly On A Line For A Distance Of 912.4’ To A Point Being 148’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line Being 148’ South Of And Parallel To The North Line Of Section 23-11-9 For A Distance Of 224.6’ Thence Northerly On A Line For A Distance Of 115’ To The Point Of Beginning. WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ORDINANCE NO. 9340 (Cont.) - 3 - 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 will have no impact on 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. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject ORDINANCE NO. 9340 (Cont.) - 4 - 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: November 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9340 (Cont.) - 5 - Item F3 #9341 - Consideration of Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) (Second Reading) This item relates to the aforementioned Ordinance item F-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ November 1, 2011 ¤ City Attorney ORDINANCE NO. 9341 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 east of Locust Street and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “7”as more particularly described hereinafter and as shown on Exhibit “A” 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 public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southeast Corner Of Desert Rose Subdivision Thence North On The East Line Of Desert Rose Subdivision For A Distance Of 323.6’ Thence Easterly On The South Line Of Desert Rose Sub For A Distance Of 55’ Thence Northerly On The East Line Of Desert Rose Subdivision For A Distance Of 201’ To The Northeast Corner Of Desert Rose Subdivision Thence Easterly On An Extension Of The North Line Of Desert Rose Subdivision For A Distance Of 445’ ± Thence Northerly On A Line For A Distance Of 669.4’± To The South Line Of Firethorne Estates Subdivision Thence Easterly On The South Line Of Firethorne Estates Subdivision For A Distance Of 1,223.6’± Thence Southerly On A Line For A Distance Of 327.5’± Thence Southwesterly On A Line For A * This Space Reserved For Register of Deeds * ORDINANCE NO. 9341 (Cont.) - 2 - Distance Of 654.1’± Thence Westerly On A Line For A Distance Of 106’ Thence Southerly On A Line For A Distance Of 193.6’± Thence Easterly On A Line For A Distance Of 106’ Thence South On A Line To A Point On The North Line Of the U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said U.S. Highway 34, Husker Highway To The West Line Of Northeast Quarter Of Northwest Quarter Section 34-11-9 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 34-11-9 To The North Line Of Section 34-11-9 Thence Continuing Northerly On The West Line Of The Southeast Quarter Of Southwest Quarter Section 27-11-9 To The North Line Of U.S. Highway 34, Husker Highway Thence Westerly And Northerly On The North Line Of U.S. Highway 34, Husker Highway To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described 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. ORDINANCE NO. 9341 (Cont.) - 3 - (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 will have no impact on 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. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. 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. ORDINANCE NO. 9341 (Cont.) - 4 - 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: November 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9341 (Cont.) - 5 - Item F4 #9342 - Consideration of Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (Second Reading) This item relates to the aforementioned Ordinance item F-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ November 1, 2011 ¤ City Attorney ORDINANCE NO. 9342 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 west of U.S. Highway 281 and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “12”as more particularly described hereinafter and as shown on Exhibit “A” 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 public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southwest Corner Of Pedcor Subdivision Thence Continuing Southerly On An Extension Of The West Line Of Pedcor Subdivision To The West Line Of Pedcor Subdivision To The Southerly Line Of U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said Highway To A Point On The West Line Of The Northeast Quarter Of The Northwest Quarter Section 36-11-10 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 36-11-10 To The Northwest Corner Of Northeast Quarter, Northwest Quarter Section 36-11-10 Said Point Also Being The Southwest Corner Of Southeast Quarter Of Southwest Quarter Section 25-11-10 Thence Continuing Northerly On The West Line Of The Southeast Quarter, * This Space Reserved For Register of Deeds * ORDINANCE NO. 9342 (Cont.) - 2 - Southwest Quarter, Northeast Quarter, Southwest Quarter And The Southeast Quarter Northwest Quarter Section 25-11-10. To The Northwest Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Northeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 The Southerly On The East Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Southeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Said Point Also Being The Center Of Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter Section 25-11-10 To The Northwest Corner Of Pedcor Second Subdivision Thence Southerly On The West Line Of Pedcor Second Subdivision and Pedcor Subdivision To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described 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 will have no impact on the extraterritorial zoning jurisdiction. ORDINANCE NO. 9342 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. 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. ORDINANCE NO. 9342 (Cont.) - 4 - 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: November 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9342 (Cont.) - 5 - Item F5 #9343 - Consideration of Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) (Second Reading) This item relates to the aforementioned Ordinance item F-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ November 1, 2011 ¤ City Attorney ORDINANCE NO. 9343 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 west of North Road and south of Old Potash Highway along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “13”as more particularly described hereinafter and as shown on Exhibit “A” 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 public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Northeast Corner Section 23-11-10 Thence Southerly On The East Line Of Said Section 23-11-10 To A Point 300’ North Of The Southeast Corner Of Northeast Quarter Of Northeast Quarter section 23-11-10 Thence West On A Line For A Distance Of 333’ Thence Southerly On A Line For A Distance Of 300’ To A Point On The North Line Of Gosda Subdivision Thence Westerly On The North Line Of Gosda Subdivision To The Northwest Corner Of Gosda Subdivision Thence Southerly On The West Line Of Gosda Subdivision, Springdale Subdivision And Springdale Second Subdivision To The North Line Of Garland Subdivision Thence Westerly On The North Line Of Garland Subdivision To The Northwest Corner Of Garland Subdivision Also * This Space Reserved For Register of Deeds * ORDINANCE NO. 9343 (Cont.) - 2 - Being The Southwest Corner Northeast Quarter Section 23-11-10 Thence Continuing Westerly On The South Line Of The Northwest Quarter Section 23-11-10 For A Distance Of 35’ Thence Northerly On A Line To The Southeast Corner Of Copper Creek Estates Subdivision Thence continuing Northerly On The East Line Of Copper Creek Estates Subdivision To The Northeast Corner Of Copper Creek Estates Subdivision Being On The North Line Of Section 23-11-10 To The Point Of Beginning WHEREAS, after public hearing on October 25, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on October 25, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described 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 will have no impact on 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 ORDINANCE NO. 9343 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. 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. ORDINANCE NO. 9343 (Cont.) - 4 - 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: November 8, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9343 (Cont.) - 5 - Item F6 #9345 - Consideration of Proposed Modifications to City Council Ward Boundaries Resulting from Redistricting Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, AICP Meeting: November 8, 2011 Subject: Consideration of Proposed Modifications to City Council Ward Boundaries Resulting from Redistricting Item #’s: F-6 Presenter(s): Chad Nabity, AICP Background At the August 23, 2011 meeting the Grand Island City Council approved Mayor Jay Vavricek’s appointments by to serve on a redistricting committee. The charge of this committee was to examine the existing City Council ward boundaries and to make a recommendation to the City Council about redrawing these boundaries to best equalize the population in each ward based on data provided by the 2010 U.S. Census of Population and Housing. In a representative democracy each member of the legislative body (City Council) should represent approximately the same number of people in the community to preserve the concept of equality (one person, one vote.) Generally, the equal-population requirement for state legislative and other districts is satisfied as long as the population of the smallest district and the population of the largest district do not vary by more than 10 percent. Based on the 2010 Census each ward would ideally represent 9,704 people. The Census counts people, not voters, so districts need to be split based on the number of people in each district. Another reason to count people instead of voters is to insure that children are equally represented. They are a constituency that is entitled to representation but without the ability to vote. Discussion The Grand Island City Council is required to consider redistricting and adopt new legislative districts if necessary within six months from the date that the Nebraska Unicameral adjourned from their regular session. The ordinance presented tonight will allow Council to meet that requirement. The population of the wards as currently drawn is as follows: Ward Population % Deviation Ward 1 10743 10.74 Ward 2 9432 -2.74 Ward 3 8949 -7.79 Ward 4 10012 3.25 Ward 5 9374 -3.74 The City of Grand Island Redistricting Committee included the following members: Hall County Republican Designee Jerry Piccolo Hall County Democrat Designee Glen Murray Hall County Independent Designee Gary Rosacker Community Youth Council Member Alex Wirth Community Youth Council Member Ashley Bykerk City Council Representative Bob Nieman City Council Representative Linna Dee Donaldson At Large Community Representative Anita Lewandowski Brown Staff Member (Chairman) Chad Nabity The members of this committee along with Pat Larson, the Grand Island GIS Coordinator and Dale Baker, the Hall County Election Commissioner met and used the GIS system to try a variety of different options for Council wards that would achieve the population goals and minimize the number of ballot faces that need to be printed at election time. The committee presented the map recommended for adoption to the City Council at a study session in October. The map as presented would set the boundaries of the wards and the population of each ward as follows: Ward Population % Deviation Ward 1 9833 1.33 Ward 2 9438 -2.74 Ward 3 9716 0.12 Ward 4 9600 -1.07 Ward 5 9935 2.38 The proposed population of each ward is well within the 5% deviation allowed from the ideal number. The ward boundaries break in logical areas based on precinct boundaries and other election boundaries. The proposed changes will not be negatively impacted by any proposed or pending annexation actions that Council may or may not approve. The first map shows the current Council wards and the population of each ward The second map shows the committee recommendation for new ward boundaries and the population of each ward (This is the map attached to the Ordinance and subject to approval). No sitting Council members will be moved from their district with the new boundaries as proposed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Ordinance and the new Ward Map as presented. Sample Motion Move to approve the Ordinance as presented. Current City Council Wards and Population based on 2010 Census Election Ward Map of the City of Grand Island Nebraska, November 8, 2011 Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney ORDINANCE NO. 9345 An ordinance to amend Grand Island City Code Chapter 14, §14-3 pertaining to Elections; to amend §14-3 pertaining to election wards and their boundaries; to define the boundaries of the wards in the City of Grand Island; to adopt a revised map of such wards; to repeal Grand Island City Code §14-3 as it presently exists; and to provide for the publication and effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION I. Grand Island City Code §14-3 is hereby amended to read as follows: §14-3. Wards; Boundaries The City of Grand Island, Nebraska, is hereby divided into five wards, numbered 1 through 5, the boundaries of such wards defined as shown on the drawing entitled, "Election Ward Map of the City of Grand Island, Nebraska." The Election Ward Map of the City of Grand Island, Nebraska, shall be kept current and on file if the office of the City Clerk. SECTION 2. Grand Island City Code §14-3 as it presently exists is hereby 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. Enacted: November 8, 2011. _______________________________________ Jay Vavricek, Mayor ATTEST: ___________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 25, 2011 City Council Regular Meeting Tuesday, November 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 October 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 October 25, 2011. Notice of the meeting was given in The Grand Island Independent on October 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, Bob Niemann, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard, and John Gericke. Councilmember Kirk Ramsey was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards , City Attorney Robert Sivick, Public Works Director John Collins and Interim Finance Director Jaye Monter. INVOCATION was given by Father Chuck Peek, St. Stephen’s Episcopal Church, 422 West 2nd Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Michael Hollman and McKenzie Reed and Board member Jennifer Cramer. Mentioned was the State Fair newsletter on their web-site, Chili Cook-Off here at City Hall for the United Way and several other events taking place this week. PRESENTATIONS AND PROCLAMATIONS: Recognition of Grand Island Senior High Girls Golf Team for Class “A” State Championship. Mayor Vavricek and the City Council recognized the Grand Island Senior High Girls Golf Team and Coach Kelli Jeffries for their win in the Class “A” Girls Golf State Championship. Ms. Jeffries and the girl’s team members: Abbie Otto, Tori Peers, Zandria Cole, Leigh Uhing, and Jennifer Wetzel were present for the recognition. Proclamation “National Adoption Month” November, 2011. Mayor Vavricek proclaimed the month of November, 2011 as “National Adoption Month”. Yolanda Nuncio and Marge Creason were present to receive the proclamation. Recognition of Tim Luchsinger, Utilities Director for 25 Years of Service with the City of Grand Island. Mayor Vavricek and the City Council recognized Utilities Director Tim Luchsinger for his 25 years of service with the City of Grand Island. City Administrator Mary Lou Brown commented on Mr. Luchsinger’s servic e. Mr. Luchsinger was present for the recognition. PUBLIC HEARINGS: Public Hearing on Request from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “CK” Liquor License had been received from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 5, 2011; notice to the general public of date, time, and place of hearing published on October 15, 2011; notice to the applicant of date, time, and place of hearing mailed on October 5, 2011; along Page 2, City Council Regular Meeting, October 25, 2011 with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Dan Thayer, Attorney for the applicant spoke in support. No further public testimony was heard. Public Hearing on Request from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License. RaNae Edwards, City Clerk reported that an application for a Class “I” Liquor License had been received from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on October 6, 2011; notice to the general public of date, time, and place of hearing published on October 15, 2011; notice to the applicant of date, time, and place of hearing mailed on October 6, 2011; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report of Horacio Rodriguez, spouse of Simara Rodriguez undisclosed convictions and not a United States citizen. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 232 Wilmar Avenue (Texas Roadhouse). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 232 Wilmar Avenue was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of placing underground conduit, high voltage cable and a single phase pad-mounted transformer to provide electricity to two new homes to be built on adjacent lots. Staff recommended approval. No public testimony was heard. Mayor Vavricek recused himself due to a potential conflict of interest and Council President Peg Gilbert conducted the meeting for the following item: Public Hearing on Request to Rezone Properties Located West of Webb Road, South of Faidley Avenue and North of West North Front Street from LLR – Large Lot Residential to B2 – General Business Zone. Regional Planning Director Chad Nabity reported that an application had been submitted to rezone properties located west of Webb Road, south of Faidley Avenue and north of West North Front Street from LLR – Large Lot Residential to B2 – General Business Zone. Staff recommended approval. No public testimony was heard. Mayor Vavricek resumed the meeting. Public Hearing on Annexation for Property Located South of Airport Road/U.S. Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field being Platted as Olson Subdivision (Annexation Area 3a). Regional Planning Director Chad Nabity reported that property located south of Airport Road/U.S. Highway 281 and the west side of Broadwell Avenue north of the Burlington Northern Santa Fe Tracks inc luding Eagle Scout Park and the Veterans Field being Platted as Olson Subdivision was being considered for annexation. Staff recommended approval. No public testimony was heard. Public Hearing on Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6). Regional Planning Director Chad Nabity reported that property located north of Bismark road on the east side of Stuhr Road was being considered for annexation. Staff recommended approval. Bill Mowinkel, School Superintendent at Northwest spoke in opposition. No further public testimony was heard. Public Hearing on Annexation of Property Located North of U.S. Highway 34 on the East Side of South Locust Street (Annexation Area 7). Regional Planning Director Chad Nabity reported that Page 3, City Council Regular Meeting, October 25, 2011 property located north of U.S. Highway 34 on the east side of South Locust Street was being considered for annexation. Staff recommended approval. No public testimony was heard. Public Hearing on Annexation of Property Located North of Husker Highway to the West Side of U.S. Highway 281 and Prairieview Street (Annexation Area 12). Regional Planning Director Chad Nabity reported that property located north of Husker Highway to the west side of U.S. Highway 281 and Prairieview Street was being considered for annexation. Staff recommended approval. Bill Mowinkel, School Superintendent at Northwest spoke in opposition. No further public testimony was heard. Public Hearing on Annexation of Property Located South of Old Potash Highway on the West Side of North Road (annexation Area 13). Regional Planning Director Chad Nabity reported that property located south of Old Potash Highway on the west side of North Road was being considered for annexation. Staff recommended approval. Bill Mowinkel, School Superintendent at Northwest spoke in opposition. No further public testimony was heard. Public Hearing on Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14). Regional Planning Director Chad Nabity reported that property located south of 13th Street on the east and west side of North Road and north of Faidley Avenue was being considered for annexation. Staff recommended approval. Bill Mowinkel, School Superintendent at Northwest and Floyd Leiser, 3550 Engleman Road spoke in opposition. No further public testimony was heard. Public Hearing on Acquisition of Public Sanitary Sewer Utility Easement in the SE 1/4 of Section 23-11-1 (Chief Industries, Inc.). Public Works Director John Collins reported that a public sanitary sewer utility easement was needed in the Southeast Quarter of Section 23-11-10 to accommodate public utilities. The easement would allow for the construction, operation, maintenance, extension, repa ir, replacement, and removal of public utilities within the easement. The 20’ easement would provide for extending sanitary sewer to the new Green Line Equipment dealership on the north side of Stolley Park Road and US Highway 30, plus allow for future development in this area. Staff recommended approval. No public testimony was heard. ORDINANCES: #9334 – Consideration of Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 (Final Reading) Regional Planning Director Chad Nabity reported this was the final of three readings for the annexation of Olson Subdivision. Motion by Gilbert, second by Dugan to approve Ordinance #9334 on final reading. Upon roll call vote all voted aye. Motion adopted. Mayor Vavricek recused himself due to a potential conflict of interest and Council President Peg Gilbert conducted the meeting for the following item: Councilmember Nickerson moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: Page 4, City Council Regular Meeting, October 25, 2011 #9338 – Consideration of Request to Rezone Properties Located West of Webb Road, South of Faidley Avenue and North of West North Front Street from LLR – Large Lot Residential to B2 – General Business Zone 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 Dugan second the motion. Upon roll call vote, all voted aye. Motion adopted. Regional Planning Director Chad Nabity reported this item related to the aforementioned Public Hearing. Motion by Dugan, second by Gard to approve Ordinance #9338. City Clerk: Ordinance #9338 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9338 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Council President Gilbert: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9338 is declared to be lawfully adopted upon publication as required by law. Mayor Vavricek resumed the meeting. #9339 – Consideration of Annexation of Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park and the Veterans Field (Area 3a) (First Reading) Motion by Dugan, second by Gericke to approve Ordinance #9339 on first reading. City Clerk: Ordinance #9339 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. #9340 – Consideration of Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (First Reading) Motion by Gilbert, second by Donaldson to approve Ordinance #9340 on first reading. A lengthy discussion was held regarding the reasons for the City to annex these areas at this time. Mr. Nabity stated these were areas that would clean up the City limits, were eligible for annexation, and Council had recommended we move forward with annexation on these areas. Mr. Mowinkel commented on the loss of property tax to the Northwest School District. Virgil Harden, Grand Island Public School Superintendent commented on State Aid to schools and how that is equalized with the property tax. Comments were made that the City provides services to these areas and do not generate revenue from them as they are not in the City limits. Police Chief Steve Lamken commented about calls to these areas. City Attorney Robert Sivick reported that these agricultural areas were suburban in nature and not rural as they were surrounded by the City. Page 5, City Council Regular Meeting, October 25, 2011 City Clerk: Ordinance #9340 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 Haase, Niemann, Gilbert, Donaldson, Gard, and Gericke voted aye. Councilmember’s Carney, Nickerson, and Dugan voted no. Motion adopted. #9341 – Consideration of Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) (First Reading) Motion by Gard, second by Dugan to approve Ordinance #9341 on first reading. City Clerk: Ordinance #9341 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. #9342 – Consideration of Annexation of Property located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (First Reading) Motion by Gard, second by Gilbert to approve Ordinance #9342 on first reading. City Clerk: Ordinance #9342 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 Haase, Carney, Niemann, Gilbert, Donaldson, Gard, and Gericke voted aye. Councilmember’s Nickerson and Dugan voted no. Motion adopted. #9343 – Consideration of Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) (First Reading) Motion by Gard, second by Gilbert to approve Ordinance #9343 on first reading. City Clerk: Ordinance #9343 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 Haase, Carney, Niemann, Gilbert, Gard, and Gericke voted aye. Councilmember’s Nickerson, Donaldson, and Dugan voted no. Motion adopted. #9344 – Consideration of Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) (First Reading) Motion by Gilbert, second by Gard to approve Ordinance #9344 on first reading. City Clerk: Ordinance #9344 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 Niemann, Gilbert, and Gard voted aye. Councilmember’s Haase, Carney, Nickerson, Donaldson, Dugan, and Gericke voted no. Motion failed. CONSENT AGENDA: Consent Agenda items G-9 and G-10 were pulled for further discussion. Motion by Gericke, second by Haase to approve the Consent Agenda excluding items G-9 and G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of October 11, 2011 City Council Regular Meeting. Page 6, City Council Regular Meeting, October 25, 2011 Approving Minutes of October 18, 2011 City Council Study Session. Approving Refuse Hauler Permit for Scott’s Hauling, 3230 Westside Street. #2011-311 – Approving Final Plat and Subdivision Agreement for Olson Subdivision. It was noted that Phil and Linda Mader, owners had submitted the Final Plat and Subdivision Agreement for Olson Subdivision for the purpose of creating 1 lot on property located north and west of US Highway 281 and south of Airport Road in the two mile extraterritorial jurisdiction containing 1.879 acres. #2011-312 – Approving Acquisition of Utility Easement located at 232 Wilmar Avenue (Texas Roadhouse Holdings, LLC). #2011-313 – Approving Bid Award for Transmission Line Construction – 115 kV Interconnection with NPPD at St. Libory with IES Commercial, Inc. (Kayton Electric) of Holdrege, Nebraska in an Amount of $3,732,714.50. #2011-314 – Approving Acquisition of Public Sanitary Sewer Utility Easement in the SE 1/4 of Section 23-11-10 (Chief Industries, Inc.). #2011-315 – Approving Union Pacific Railroad Pipeline Crossing Agreement for Southwest Drainage Project No. 2011-D-1; Central Community College to the Wood River. #2011-316 – Approving Amending the City of Grand Island Police Officers’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Interim Finance Director Jaye Monter reported this was an amendment to the current Retirement System Plan and Trust for changes in the applicable tax laws. Motion by Gericke, second by Haase to approve #2011-316. Discussion was held concerning sections 6, 9, 11, and 12 that do not apply to the City. Ms. Monter stated this was boiler plate amendments as recommended by Wells Fargo and there was no financial impact to the City. Mr. Sivick stated we should check with Wells Fargo before we pulled any of these items out of the plan. City Administrator Mary Lou Brown recommended we have Wells Fargo come to our ne xt Study Session on November 1, 2011 to explain these changes. Motion by Nickerson, second by Haase to refer Resolution #2011-316 to the November 8, 2011 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. #2011-317 – Approving Amending the City of Grand Island Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Interim Finance Director Jaye Monter reported this was an amendment to the current Retirement System Plan and Trust for changes in the applicable tax laws. Motion by Gericke, second by Haase to approve #2011-316. Page 7, City Council Regular Meeting, October 25, 2011 Discussion was held concerning sections 6, 9, 11, and 12 that do not apply to the City. Ms. Monter stated this was boiler plate amendments as recommended by Wells Fargo and there was no financial impact to the City. Mr. Sivick stated we should check with Wells Fargo before we pulled any of these items out of the plan. Motion by Nickerson, second by Haase to refer Resolution #2011-316 to the November 8, 2011 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. City Administrator Mary Lou Brown recommended we have Wells Fargo come to our next Study Session on November 1, 2011 to explain these changes. RESOLUTIONS: #2011-318 – Consideration of Request from Zoul Hospitality, LLC dba Willman’s Bottle Shop, 1201 South Locust Street for a Class “CK” Liquor License and Liquor Manager Designation for Zachary Zoul, 3333 Ramada Road. This item related to the aforementioned Public Hearing. Motion by Haase, second by Gericke to approve Resolution #2011-318. Upon roll call vote, all voted aye. Motion adopted. #2011-319 – Consideration of Request from Simara Y. Rodriguez dba El Trancazo Bar, 413 West 4th Street for a Class “I” Liquor License. This item related to the aforementioned Public Hearing. Simara Rodriguez spoke in support and stated her husband was in the process of becoming a US citizen. Police Chief Lamken commented on Ms. Rodriguez owning the business and not having a temporary operating permit. Motion by Gilbert, second by Haase to deny Resolution #2011-319 based on the Police Department Report of Horacio Rodriguez, spouse of Simara Rodriguez undisclosed convictions and not a United States citizen. Upon roll call vote, all voted aye. Motion adopted. #2011-320 – Consideration of Designating No Parking on 2nd Street, Between Walnut Street and Cedar Street. Public Works Director John Collins reported that a request from St. Steven’s Episcopal Church was received to remove parking between Walnut Street and Cedar Street, on the north side of 2nd Street. Motion by Carney, second by Dugan to approve Resolution #2011-320. Discussion was held regarding a loading zone versus a no parking zone. City Administrator Mary Lou Brown commented on the Public Works Department working with the church on this request. Motion by Carney, second by Nickerson to amend Resolution #2011-320 item #1 to loading/no parking zone. Police Chief Lamken recommended this be designated a loading zone which would be limited to 20 minutes. Motion by Gericke, second by Carney to refer Resolution #2011-320 to the November 8, 2011 City Council meeting. Upon roll call vote, all voted aye. Motion adopted. Page 8, City Council Regular Meeting, October 25, 2011 #2011-321 – Consideration of Advancement of the US Highway 281 Sanitary Sewer Extension to Interstate 80 Project. City Adminis trator Mary Lou Brown clarified the $350,000 JBS settlement. Money applied to this project would reduce the cost to the City and increase the cash balance of the Wastewater Treatment Plant which could be used for other projects. Jeremy Collinson representing the Central District Health Department spoke in support. Comments were made regarding the cost to the City to extend the sanitary sewer which would benefit the City in the future. Mr. Sivick explained that Sanitary Improvement District’s (SID’s) were created by property owners and in this case where farm ground was not in need of the sanitary sewer immediately they could tap in at a later date. Mr. Nabity commented on the future development along Highway 281 and at that time would pay a tap fee when they hooked up to the sewer. If a business went under then the other property owners in the district would pick up the cost. Motion by Gilbert, second by Niemann to approve Resolution #2011-321. 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 October 12, 2011 through October 25, 2011, for a total amount of $3,272,015.40. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:20 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of November 1, 2011 City Council Study Session Tuesday, November 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 STUDY SESSION November 1, 2011 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on November 1, 2011. Notice of the meeting was given in the Grand Island Independent on October 26, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Randy Gard, and John Gericke. Councilmember Scott Dugan was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Cit y Attorney Bob Sivick, and Interim Finance Director Jaye Monter. INVOCATION was given by Community Youth Council member Kaitlin Hehnke followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Kaitlin Hehnke and Andrea Voss. OTHER ITEMS: Discussion Concerning Closed Sessions. City Administrator Mary Lou Brown introduced Executive Director Lynn Rex with the Nebraska League of Municipalities for a presentation concerning Closed Sessions and the Open Meetings Act. Ms. Rex complimented Grand Island for the excellent job the city does with its agenda’s and conducting meetings with regards to the Open Meetings Act. Reviewed were State Statutes §84-1410 Closed Session. Mentioned was the following two reasons to go into closed session: 1) protect the public interest; or 2) for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Mentioned was that no vote could be taken in closed session but council could give direction/guidance on negotiating issues. Confidentiality of closed sessions was discussed. Discussion was held concerning what constituted public records. Discussion Concerning Amending the City of Grand Island Police Officer’s and Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Interim Finance Director Jaye Monter introduced Greg Anderson Vice-President Trust Officer with Wells Fargo. Mr. Anderson clarified the role of Wells Fargo as trustee for both the Police Officer’s and Page 2, City Council Study Session, November 1, 2011 Firefighters’ Retirement System Plans. Mentioned was that the amendments to the plans were required by the Federal Tax Code. Mr. Anderson stated the amendment as presented would have no change to the current plans. Ms. Monter stated this item would come before the City Council on November 8, 2011. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. RaNae Edwards City Clerk Item G3 #2011-322 - Approving Greater Nebraska Cities Membership Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: November 8, 2011 Subject: Greater Nebraska Cities Membership Item #’s: G-3 Presenter(s): Mary Lou Brown, City Administrator Background The Quad Cities of Grand Island, Hastings, North Platte and Kearney have met on a periodic basis for at least twelve years. These meetings have typically included the respective Mayors and City Administrators/Managers and have consisted of topic discussions common to the four cities. Earlier this year, Council had discussions regarding the City’s legislative efforts. At that time, Council comments indicated a willingness to continue with the existing approach and not implement any changes such as hiring a lobbyist. The proposal before Council represents a continuation of the existing approach: continued membership and participation in the League, collaboration with our neighboring cities and no additional professional services. The alliance will serve as an extension of views expressed to the League on an individual basis. Discussion It is clear that on a combined basis the cities have a unique opportunity to collectively impact legislation when speaking with one voice. As a result, the Quad Cities are proposing an increase to the group to five members with the addition of Lexington. The plan is to continue to communicate and collaborate for the furtherance of our common interests. In addition, the group is proposing a revision of the name to the Greater Nebraska Cities (GNC). When appropriate, the GNC will evaluate and respond to legislative issues of mutual concern in a timely manner and with a unified voice. This will give the legislators a greater understanding of our needs. The cities of Hastings, Lexington and Kearney have already brought this item to their Councils for action; each has approved their cities to participate in the alliance. This effort will not impact our membership in the League; in fact, the belief is that it will help the League in more fully understanding the issues of out-state Nebraskans. There may be several other regions within the State that will also be proposing such alliances. There will be no membership fees associated with the GNC. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the City of Grand Island’s membership in the Greater Nebraska Cities and authorizing the Mayor to represent the City 2. Postpone the issue to a future meeting. 3. Take no action. Recommendation City Administration recommends that the Council approve the City of Grand Island’s membership in the Greater Nebraska Cities and authorize the Mayor to represent the City. Sample Motion Move to approve the City of Grand Island’s membership in the Greater Nebraska Cities and authorize the Mayor to represent the City. Approv ed as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-322 WHEREAS, the City of Grand Island, Nebraska desires to establish and further communication and collaboration with similar cities in Nebraska; and WHEREAS, the City of Grand Island, Nebraska desires to preserve local control and represent the interests of and improve the quality of life of their citizens; and WHEREAS, the City of Grand Island, Nebraska desires to share and evaluate best practices in city management and strategies for addressing issues of common concern; and WHEREAS, the City of Grand Island, Nebraska desires to monitor, evaluate and respond to legislative issues of mutual concern to similar cities in a timely manner with a unified voice; and WHEREAS, the City of Grand Island, Nebraska wishes to join with the cities of Lexington, Kearney, Hastings and North Platte to form the Greater Nebraska Cities to take such actions; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be authorized and directed to proceed with the formulation of any and all guidelines, documents or other memoranda between the City of Grand Island and the Greater Nebraska Cities so as to effect acceptance of membership to the organization. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G4 #2011-323 - Approving Bid Award - Transmission Distance Relays Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Meeting: November 8, 2011 Subject: Purchase of Nineteen (19) Transmission Distance Relays Item #’s: G-4 Presenter(s): Tim Luchsinger, Utilities Director Background The Grand Island Electric System utilizes seven substations connected by a 115,000 volt transmission loop (see attached drawing). Substation J, shown in red, is planned for 2013. The loop will consist of eight segments that connect each substation with the next. In addition, four connections with Nebraska Public Power District (NPPD) are located around the loop. This system provides a reliable source of electricity for each substation with the ability to have at least one segment of the loop out of service at a time without any customer outages. Each segment of the loop is protected by several relays that monitor and isolate that segment in the event of a lightning strike or other problem on the line. The protective relaying system utilizes a primary and backup relay or set of relays. These relays are currently absolute electro-mechanical relays or first generation electronic relays. The Department is planning on replacing the protection relays with those meeting current industry standards to allow for compliance with developing federal reliability standards. Failure to comply with these standards can result in fines or other enforcement action. The consultant for the Department for the replacement protective relaying project, Advantage Engineering, developed specifications to issue for bid for new backup relaying, or distance relays, for all eight segments of the transmission loop (sixteen relays, two per line segment) and three spares. In addition to providing backup protective relaying of the transmission segments, the new relays can be programmed for additional protective functions such as synch check, breaker failure, and reclosure operations. The primary protective relays, or differential relays, will be procured under separate specifications. Discussion The specifications for the distance relays were advertised in accordance with City procurement requirements. Specifications were sent to six regional distributors and three local distributors. Bids were publicly opened at 2:15 p.m., on October 13, 2011. The following bids were received. Bidder / Manufacturer Exceptions Bid Price Power Delivery Services, Inc., Omaha, NE Yes $132,145.00 RFL Electronics, Boonton Twp., NJ Yes $138,670.93 Siemens, Wendell, NC Yes $157,232.22 Schweitzer Eng. Laboratories, Inc., Fairview Heights, IL Yes $161,521.85 All bids include appropriate sales tax. The four bids were evaluated based upon price and conformance to the specifications by Advantage Engineering and Department engineering staff. The bid received from Power Delivery Services, Inc., met all functional specifications and contained only minor exceptions regarding communication protocol which were evaluated to be acceptable. The bids received from RFL Electronics and Siemens contain exceptions that are related to the functional specifications which would create issues with implementation. These bids determined not to be compliant with the specifications. The bid received from Schweitzer Engineering Laboratories, Inc., met all functional specifications and their exception, also regarding communication protocol, was acceptable. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid from Power Delivery Services, Inc., of Omaha, Nebraska, for Nineteen (19) Transmission Distance Relays in the amount of $132,145.00. Sample Motion Move to approve the bid from Power Delivery Services, Inc., for Nineteen (19) Transmission Distance Relays in the amount of $132,145.00. LINE #1145BLINE #1061 LINE #1062 LINE #1063A LINE #1063BLINE #1064BBurdick GT-1 12 MW Gas/Oil GT-1 AUX. &PUMP ROOM Burdick Unit 1 16 MW Gas/Oil Steam Burdick Unit 3 54 MWGas/Oil Steam BurdickUnit 2 22 MWGas/Oil Steam LINE #1064AC-11 C-13 SUB "C" C-20 C-30 C-25C-22 C-31 C-35 C-21 C-23C-24C-33C-34C-12 B-11 B-12 B-13 SUB "B" B-20 B-30 B-22 B-25 B-23 B-24 B-31 B-35 B-34 B-33 B-21 A-20 A-12 A-11A-10 SUB "A" A-21 A-25 A-22 A-23 A-24 LINE #1149 LINE #1145A BURDICK GENERATING STATION G-22 G-23 G-24 G-25 G-21 G-11 G-26 G-10 G-27 MAIN BUS TRANSFER BUS LINE #1060 SUB “G” NORTH BUS SOUTH BUS H-6-1 H-6-2 H-6-3 H-5-1 H-5-2 H-4-2 H-4-3 H-3-2 H-3-3 H-3-1 H-2-2 H-1-2 H-2-1 H-1-1 H-1-3 SUB “H” 115 KV H-26 H-36 H-31 H-21 H-20 H-30 SUB “H” 13.8 KV SUB “H” SOUTH BUS NORTH BUS P.G.S. #1 100 MWCoal Steam D-31 D-32 D-42 D-41 NORTH BUS D-11 D-12 D-21 D-22 SOUTH BUS D-13 D-23SUB "D" E-11 E-14 E-13 E-12E-15 SUB "E" E-20 E-21 E-25 E-23E-24H-0-2 H-0-1 H-0-3 BurdickGT-2 34 MW Gas/Oil BurdickGT-3 34 MW Gas/Oil G-20 H-25H-24H-23H-22 H-35H-34H-33H-32 H-2-3 F-11 F-14 F-13 F-12 F-15 SUB "F" F-20 F-21 F-25 F-24 F-23 F-30 F-31 F-34 F-33 F-22 E-30 E-31 E-35 E-33E-34F-35 E-22 LINE #1093 Planned tie to Regional Grid Existing 115 kV Line (City) Existing 115 kV Line (NPPD)J-11 J-14 J-13 J-12J-15 SUB "J" J-20 J-21 J-25 J-24J-23J-30 J-31 J-34J-33J-22J-35 Planned Facilities Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: October 13, 2011 at 2:15 p.m. FOR: (19) Transmission Distance Relays DEPARTMENT: Utilities ESTIMATE: $150,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: September 26, 2011 NO. POTENTIAL BIDDERS: 9 SUMMARY Bidder: Schweitzer Eng. Laboratories, Inc. RFL Electronics, Inc. Fairview Heights, IL Boonton Twp., NJ Bid Security: Fidelity & Deposit Co. International Fidelity Ins. Co. Exceptions: Noted Noted Bid Price: $150,955.00 $129,599.00 Sales Tax: $ 10,566.85 - -____ Total Bid: $161,521.85 $129,599.00 Bidder: Siemens Power Delivery Services, Inc. Wendell, NC Omaha, NE Bid Security: Federal Insurance Co. Liberty Mutual Ins. Co. Exceptions: Noted Noted Bid Price: $146,946.00 $123,500.00 Sales Tax: - -___ $ 8,645.00 Total Bid: $146,946.00 $132,145.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Travis Spiehs, Electrical Engineer P1514 Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-323 WHEREAS, the City of Grand Island invited sealed bids for Transmission Distance Relays, according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 13, 2011, bids were received, opened and reviewed; and WHEREAS, Power Delivery Services, Inc., of Omaha, 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 $132,145.00; and WHEREAS, the bid of Power Delivery Services, Inc., is less than the estimate for the Transmission Distance Relays. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Power Delivery Services, Inc., of Omaha, Nebraska in the amount of $132,145.00, for Transmission Distance Relays, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G5 #2011-324 - Approving Certificate of Final Completion - Water Main Project 2011-W-3 - Broadwell Avenue at the Union Pacific Railroad Tracks, and Vine Street at the Union Pacific Railroad Tracks Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Tim Luchsinger, Utilities Director Meeting: November 8, 2011 Subject: Certificate of Final Completion – Broadwell Ave. and Vine St. - Water Main Project 2011-W-3 Item #’s: G-5 Presenter(s): Timothy Luchsinger, Utilities Director Background Earlier this year, the 10” water mains in Broadwell Avenue and Vine Street broke where they cross under the Union Pacific Railroad tracks. They were both installed directly in soil without protective casings approximately 80 years ago. Due to the age of the pipes and potential damage to railroad property, both sections were taken out of service until permanent repairs could be completed. Discussion The contract for Water Main Project 2011-W-3 provided for boring new 20” diameter protective steel outer casings and replacement of the water mains at both crossing locations. The Engineer’s Certificate of Final Completion is attached signifying that the project was completed by the Diamond Engineering Company of Grand Island, in accordance with the terms, conditions, and stipulations of the contract plans and specifications. The final Contract amount was $184,392.80. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Water Main Project 2011-W-3 at the Union Pacific Railroad tracks at Broadwell Avenue and Vine Street. Sample Motion Move to accept the Certificate of Final Completion for Water Main Project 2011-W-3, at the Union Pacific Railroad tracks at Broadwell Avenue and Vine Street. Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-324 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2011-W- 3 (Broadwell Avenue at the Union Pacific Railroad tracks and Vine Street at the Union Pacific Railroad tracks) certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Utilities Director and the Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2011-W-3 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2011-325 - Approving Benefits for Water Main District 456T - Engleman Road from 13th Street to Old Potash Hwy., and Old Potash Hwy., East of Engleman Road for 600' This item relates to the aforementioned Board of Equalization item D-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney *This Space Reserved for Register of Deeds* R E S O L U T I O N 2011-325 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the special benefits as determined by Resolution 2011-BE-6 shall not be levied as special assessments but shall be certified by this resolution to the Register of Deeds, Hall County, Nebraska, pursuant to Section 16-6,103, R.R.S. 1943. A connection fee in the amount of the benefit identified below accruing to each property in the district shall be paid to the City of Grand Island at the time such property becomes connected to the water main. No property benefited as determined by this resolution shall be connected to the water main until the connection fee is paid. The connection fees collected shall be paid into the fund from which construction costs were made to replenish such fund for the construction costs. According to the front foot and area of the respective lots, tracts, and real estate within such Water Main District 456T, such benefits are the sums set opposite the descriptions as follows: Name Description Connection Fee Thomas and Elizabeth Baxter, Husband & Wife Beginning at the intersection of the southerly right-of-way line of Thirteenth (13th) Street and the westerly right-of way line of Engleman Road, Hall County, Nebraska; thence southerly along the said westerly right-of-way line of the Engleman Road, a distance of five thousand two hundred thirty and seven tenths (5,230.7) feet to the northerly right-of-way line of Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the westerly right-of-way line of said Engleman Road, to the southerly right-of-way line of said Thirteenth (13th) Street; thence easterly along the southerly right-of-way line of said Thirteenth (13th) Street, a distance of one hundred sixty seven (167.0) feet to said Point of Beginning. $241,244.04 Teddy Lechner Commencing at the intersection of the southerly right-of- way line of Thirteenth (13th) Street and the easterly right- $23,600.01 of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of one hundred seventeen (117.0) feet to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) Section Fourteen (14) Township Eleven (11) North, Range Ten (10) West of the 6th PM Hall County, Nebraska; thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of Five Hundred eleven and seven hundredths (511.7) feet; thence westerly parallel with the northerly line of said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet to the said Point Of Beginning. Teddy Lechner and Jacqueline Hanover Commencing at the intersection of the southerly right-of- way line of Thirteenth (13th) Street and the easterly right- of way line of Engleman Road, Hall County, Nebraska; thence southerly along the easterly right-of-way line of said Engleman Road, a distance of six hundred twenty eight and seven tenths (628.7) to the Actual Point Of Beginning; thence continuing southerly along the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the southerly line of the Northwest Quarter (NW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County, Nebraska; thence easterly along the southerly line of the Northwest Quarter (NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence northerly parallel with the easterly right-of-way line of said Engleman Road, a distance of one thousand nine hundred eighty five and two tenths (1,985.2) feet to the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14); thence easterly along the northerly line of the south half of the Northwest Quarter of the Northwest Quarter (S 1/2, NW 1/4, NW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet to the Said Point of Beginning. $91,559.00 Robin and Barbara Irvine, Husband and Wife Beginning at the intersection of the northerly right-of-way line of Old Potash Highway and the easterly right-of-way line Engleman Road; thence northerly along the easterly right-of-way line of said Engleman Road to the northerly line of the Southwest Quarter (SW 1/4) Section Fourteen (14) Township Eleven (11) North Range Ten (10) West of the 6th PM, Hall County , Nebraska; thence easterly along the northerly line of the Southwest Quarter (SW 1/4) said Section Fourteen (14), a distance of one hundred sixty seven (167.0) feet; thence southerly parallel to the easterly $148,665.77 right-of-way line Engleman Road, a distance of two thousand four hundred forty six and nine tenths (2,446,9) feet; thence easterly parallel with the southerly line of said Section Fourteen (14), a distance of four hundred forty two and five tenths (442.5) feet; thence southerly a distance of one hundred sixty seven (167.0) feet to the northerly right- of-way line of said Old Potash Highway; thence westerly along the northerly right-of-way line of said Old Potash Highway, a distance of six hundred nine and five tenths (609.5) feet to the Said Point of Beginning Copper Creek Estates – Grand Island, LLC Commencing at the Northwest corner of Section Twenty Three (23) Township Eleven (11) North Range Ten (10) West of the 6th PM,, Hall County, Nebraska; thence easterly along the northerly of said Section Twenty Three (23), a distance of three hundred eighty and eighty six hundredths (380.86) feet to the Northeast corner of M And M Subdivision; thence southerly along the easterly of said M And M Subdivision, a distance of thirty three (33.0) feet to a point on the southerly right-of way line of Engleman Road being the Actual Point Of Beginning; thence continuing southerly along the easterly of said M And M Subdivision, a distance of one hundred sixty seven (167.0) feet; thence easterly parallel with the northerly line of said Section Twenty Three (23), a distance of two hundred sixty (260.0) feet to a point on the westerly line of Copper Creek Estates Subdivision; thence northerly along the westerly line of said Copper Creek Estates Subdivision, a distance of hundred sixty seven (167.0) feet to a point on the southerly right-of way line of said Engleman Road; thence westerly along the southerly right-of way line of said Engleman Road, a distance two hundred sixty (260.0) feet to Said Point of Beginning. $11,991.41 Midland Ag Services, Inc. Lot One (1) M And M Subdivision $15,720.73 Shirley Klinginsmith Lot One (1) Block One (1) Highland Park Subdivision $5,073.29 TOTAL $537,854.25 - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-326 - Approving Change Order No. 2 for Grand Island Quiet Zone Project No. 2012-QZ-1 Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: November 8, 2011 Subject: Approving Change Order No. 2 for Grand Island Quiet Zone Project No. 2012-QZ-1 Item #’s: G-7 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $247,718.25 contract by the City Council on September 13, 2011 for the Grand Island Quiet Zone; Project No. 2012-QZ-1. Change Order No. 1, for incorporating Union Pacific Railroad Special Provision for City of Grand Island Projects into the contract, was approved by the City Council October 11, 2011. Change Order No. 1 was a “no cost” change order. Discussion Prior to commencing with boring of conduit and installation of electrical cable for the Wayside Horn System at the Walnut Street Crossing, the City of Grand Island is required to enter into Wireline Crossing Agreements with UPRR. These agreements stipulate responsibilities and obligations of the City with respect to the work associated with design, construction, installation, operation, maintenance and repair of underground power wirelines for the Wayside Horn System at the Walnut Street crossing. As per the Wireline Crossing Agreements, Diamond Engineering is required to comply with all the terms and provisions relating to the work of installing both underground wireline crossings. These requirements are listed below. · Insurance requirements as per Exhibit C · Compliance with Interim Guidelines for Horizontal Directional Drilling (HDD) Under Union Pacific Railroad Right of Way · Receipt of approval by the UPRR Assistant Vice President Engineering Design prior to commencement of work · Compliance with requirements as per Exhibit B, including but not limited to Railroad Flagging, Commencement of Work, Supervision, Safety, Protection of Utilities and Restoration of UPRR Property · Compliance with Safety Standards as per Exhibit D Attached for reference are copies of the Wireline Crossing Agreements. The agreement referenced as Folder No. 2683-12 is for 105 feet of conduit and electrical cable between the Wayside Horns that will be installed north and south of the UPRR two mainline tracks and two siding tracks. The agreement referenced as Folder No. 2683-13 is for 90 feet of conduit and electrical cable to be installed under the tracks used by Peavey Grain that will provide power to the Wayside Horn System. This is a “no cost” change order; therefore the contract amount will not increase. Actual unanticipated costs incurred by the Contractor for providing documents as required for the Wireline Crossing Agreement, and other associated work, will be compensated in a subsequent change order. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 2 for the Grand Island Quiet Zone Project No. 2012-QZ-1. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 2 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: November 8, 2011 PROJECT: Grand Island Quiet Zone Project No. 2012-QZ-1 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: September 13, 2011 To incorporate requirements as per the Wireline Crossing Agreements for Mile Post 146.95, Kearney Subdivision located in Grand Island into the Grand Island Quiet Zone Project No. 2012-QZ-1 contract with The Diamond Engineering Company of Grand Island, Nebraska. Diamond Engineering is required to comply with all the terms and provisions relating to the work of installing both underground wireline crossings at the Union Pacific Railroad Crossing at Walnut Street. The Wireline Crossing Agreements UPRR Folder Numbers are 2683-12 and 2683-13. Requirements are listed below. · Insurance requirements as per Exhibit C · Compliance with Interim Guidelines for Horizontal Directional Drilling (HDD) Under Union Pacific Railroad Right of Way · Receipt of approval by the UPRR Assistant Vice President Engineering Design prior to commencement of work · Compliance with requirements as per Exhibit B, including but not limited to Railroad Flagging, Commencement of Work, Supervision, Safety, Protection of Utilities and Restoration of UPRR Property · Compliance with Safety Standards as per Exhibit D Actual unanticipated costs incurred by the Contractor for providing documents as required for the Wireline Crossing Agreement, and other associated work, will be compensated in a subsequent change order. Contract Price Prior to This Change Order ...................................................................................... $247,718.25 Net Increase/Decrease Resulting from this Change Order.............................................................. $ 0.00 Revised Contract Price Including this Change Order ................................................................ $ 247,718.25 Approval Recommended: By_______________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-326 WHEREAS, on September 13, 2011, by Resolution 2011-242, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $247,718.25 for the Grand Island Quiet Zone Project No. 2012-QZ-1; and WHEREAS, Change Order No. 1 was approved by City Council through Resolution 2011-302 on October 11, 2011 and incorporated the Union Pacific Railroad Special Provision for City of Grand Island Projects into the Grand Island Quiet Zone Project No. 2012-QZ-1 contract with The Diamond Engineering Company of Grand Island, Nebraska; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, the result of such modifications will not change the contract amount of $247,718.25. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-327 - Approving Continuation of Sanitary Sewer District No. 529, Westwood Park Subdivision Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Continuation of Sanitary Sewer District No. 529, Westwood Park Subdivision Item #’s: G-8 Presenter(s): John Collins, Public Works Director Background Sanitary Sewer District No. 529 was created by the City Council on September 13, 2011 and will serve the remainder of the Westwood Park Subdivision (see attached sketch). Legal notice of the creation of the District was published in the Grand Island Independent on September 19, 2011. Discussion The district completed the 30-day protest period at 5:00 p.m., Thursday, October 20, 2011. There were protests filed against this District by 9 abutting property owners. These owners represented 1,070.80 front feet, or 18.34% of the total District frontage of 5,837.37 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the continuation of Sanitary Sewer District 529. 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 continuation of Sanitary Sewer District 529. Sample Motion Move to approve the continuation of Sanitary Sewer District 529. Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-327 WHEREAS, Sanitary Sewer District No. 529, Westwood Park Subdivision, was created by Ordinance No. 9324 on September 13, 2011; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed, and WHEREAS, the protest period ended on October 20, 2011, and protests representing 18.34% of the total District frontage were received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 529, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-328 - Approving the Wireline Crossing Agreement between the Union Pacific Railroad Company and the City of Grand Island Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, Public Works Project Manager Meeting: November 8, 2011 Subject: Approving the Wireline Crossing Agreement between the Union Pacific Railroad Company and the City of Grand Island Item #’s: G-9 Presenter(s): John Collins, Public Works Director Scott Griepenstroh, Public Works Project Manager Background The purpose of the Grand Island Quiet Zone Improvement Project, Phase I is to construct improvements at the Union Pacific Railroad (UP RR) crossings at Oak Street, Pine Street, Walnut Street and Elm Street so that train horns will not need to be activated for these crossings. “Silent” crossings will be created at Oak Street and Pine Street by constructing concrete medians and concrete curb to narrow the streets at the crossing approaches. Walnut Street will have a Wayside Horn System installed and concrete curb will be constructed to narrow the street. The crossing at Elm Street will be closed after improvements are completed at the other crossings. Discussion Prior to commencing with construction of the Wayside Horn System at the Walnut Street Crossing, the City of Grand Island is required to enter into the Wireline Crossing agreement with UPRR. The agreement stipulates responsibilities and obligations of the City with respect to the use of the wireline. The wireline shall not be used for any purpose other than the Wayside Horn System. This agreement will allow the City’s contractor, The Diamond Engineering Company of Grand Island, Nebraska, to install conduit under the railroad tracks for the Wayside Horn System cable. Change Order No. 2 is being presented to City Council at tonight’s meeting, which allows this additional work to be incorporated into the contract with The Diamond Engineering Company. For reference the Wireline Crossing Agremeents; Folder No. 2683-12 and Folder No. 2683-13 are attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends Council approve the resolution authorizing the Mayor to sign the Wireline Crossing Agreements between the Union Pacific Railroad Company and the City of Grand Island. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-328 WHEREAS, prior to commencing with construction of the Wayside Horn System at the Walnut Street Crossing the City of Grand Island is required to enter into agreements with the Union Pacific Railroad; and WHEREAS, the agreements stipulate the responsibilities and obligations of the City with respect to the use of the wireline; and WHEREAS, the Council has reviewed the agreements and has determined that it is in its best interest to enter into the agreements in the attached form. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign the attached Wireline Crossing Agreements between the City of Grand Island and the Union Pacific Railroad Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-329 - Approving Change Order No. 1 for Concrete Ditch Liner and Headwall East of Harrison Street Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Change Order No. 1 for Concrete Ditch Liner and Headwall East of Harrison Street Item #’s: G-10 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $23,261.00 bid by the City Council on September 27, 2011 to install a concrete ditch liner and headwall east of Harrison Street. The work consists of removing ends of existing corrugate metal pipe (C.M.P.), constructing a concrete ditch liner and headwall. The work is located east of Harrison Street, south of 1207 South Harrison Street. Discussion To provide a stable base for the ditch liner it was determined that a crushed rock base was necessary. The work was not anticipated in the original construction work, but is necessary to complete the contract work and was discovered subsequent to entering the contract. The contractor provided a cost for furnishing and placing the crushed rock at $1,725.00, which increased the bid amount to $24,986.00. 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 City Administration recommends that the Council approve Change Order No. 1 for the Concrete Ditch Liner and Headwall East of Harrison Street. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: November 8, 2011 PROJECT : Concrete Ditch Liner and Headwall East of Harrison Street CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: September 27, 2011 Furnishing and placing crushed rock to create a stable base for the ditch liner. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ………………………………………………$23,261.00 Net Increase/Decrease Resulting from this Change Order……………………………..$ 1,725.00 Revised Contract Price Including this Change Order………………………………$24,986.00 Approval Recommended: By__________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-329 WHEREAS, on September 27, 2011, by Resolution 2011-276, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the bid in the amount of $23,261.00 to install a concrete ditch liner and headwall east of Harrison Street; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract by the amount of $1,725.00, for a total contract price of $24,986.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-330 - Approving Change Order No. 1 for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Change Order No. 1 for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 Item #’s: G-11 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $69,664.40 contract by the City Council on September 27, 2011 to line the Sugar Beet Ditch and add piping to allow for better drainage, as well as ease in maintenance. Discussion Change Order No. 1 includes additional work requiring extra tree removal to improve aesthetics; removal of headwall for constructability; and relocation of area inlets with smaller concrete pads for improved drainage, which are more appropriate for this recreational area. These items were not included in the original bid documents, but are necessary to complete the project. Change Order No. 1 will increase this project cost by $12,550.00, for a total contract amount of $82,214.40. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 for the Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3. Sample Motion Move to approve the resolution. City of Grand Island CHANGE ORDER NUMBER 1 100 East 1st Street Grand Island, Nebraska 68801 Date of Issuance: November 8, 2011 PROJECT : Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 CONTRACTOR: The Diamond Engineering Company CONTRACT DATE: September 27, 2011 This change order allows for items required to complete the project that were not included in the original bid documents, such as tree and headwall removal, grate installation, and putting in a concrete pad. The changes result in the following adjustment to the Contract Amount: Contract Price Prior to This Change Order ………………………………………………$69,664.40 Net Increase/Decrease Resulting from this Change Order……………………………..$12,550.00 Revised Contract Price Including this Change Order………………………………$82,214.40 Approval Recommended: By__________________________________ John Collins, Public Works Director Date The Above Change Order Accepted: Approved for the City of Grand Island: The Diamond Engineering Company By_________________________________ Contractor Jay Vavricek, Mayor By Attest: RaNae Edwards, City Clerk Date Date_______________________________ Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-330 WHEREAS, on September 27, 2011, by Resolution 2011-280, the City of Grand Island awarded The Diamond Engineering Company of Grand Island, Nebraska the contract in the amount of $69,664.40 to line the Sugar Beet Ditch and add piping; and WHEREAS, it has been determined that modifications to the work to be performed by The Diamond Engineering Company are necessary; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract by the amount of $12,550.00, for a total contract price of $82,214.40. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and The Diamond Engineering Company of Grand Island, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-331 - Approving Change Order No. 1 Building Reconstruction - Lift Station No. 4; Project No. WWTP-2011-S-4 Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Roger Scott, Engineering Technician Meeting: November 8, 2011 Subject: Approving Change Order No. 1 Building Reconstruction – Lift Station No. 4; Project No. WWTP-2011-S-4 Item #’s: G-12 Presenter(s): John Collins, Public Works Director Background On September 13, 2011 City Council awarded, Project WWTP -2011-S-4, Building Reconstruction Lift Station No. 4, to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $38,372.80. Discussion Change Order No. 1 covers the removal of asbestos found in the roofing material by B2 Environmental, Inc. at Lift Station No. 4. The roofing material must be removed and properly disposed of by a licensed asbestos removal contractor. The Change Order amount is an addition of $1,840.00 resulting in a final contract amount of $40,212.80. All other provisions of the contract remain unchanged. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve Change Order No. 1 with The Diamond Engineering Company of Grand Island, Nebraska. Sample Motion Move to approve Change Order No. 1 with The Diamond Engineering Company of Grand Island, Nebraska. 1 CITY OF GRAND ISLAND, NEBRASKA WASTEWATER TREATMENT PLANT BUILDING RECONSTRUCTION LIFT STATION NO. 4 _______________ CITY PROJECT WWTP-2011-S-4 _______________ CHANGE ORDER NO. 1 Change Order No. 1 covers extra work for asbestos removal. An inspection and analysis of roofing material by B2 Environmental, Inc., has revealed greater than one percent asbestos containing material. Consequently the roofing material must be removed and properly disposed of by a licensed asbestos removal contractor. The Contract Price shall change as follows as a result of the extra work to be done as described below. ORIGINAL CONTRACT PRICE $38,372.80 Inspection and Analysis $350.00 Asbestos Removal and Disposal $1,400.00 Subtotal $1,750.00 Less Roof Demolition $150.00 Subtotal $1,600.00 Plus Overhead and Profit 15% $240.00 Total Estimated Cost $1,840.00 CHANGE ORDER NO. 1 $1,840.00 REVISED CONTRACT PRICE $40,212.80 All other provisions of the contract remain unchanged. Agreed to this _______ day of _______________, 2011 2 Recommended: Approved: Diamond Engineering Co. City of Grand Island By:_______________________________ By:_____________________________ Project Manager Date:_____________________________ Date:____________________________ Approved as to Form ___________ November 8, 2011 City Attorney Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-331 WHEREAS, on September 13, 2011, by Resolution Number 2011-237, the City Council of Grand Island approved a $38,372.80 contract with The Diamond Engineering Company of Grand Island, Nebraska for Building Reconstruction – Lift Station No. 4 Project No. WWTP-2011-S-4 at the City of Grand Island; and WHEREAS, Change Order No. 1 for an inspection and analysis of roofing material and removal of asbestos for the amount of $1,840.00; and WHEREAS, with the inclusion of the above modifications to the contract the revised contract price is $40,212.80. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order No. 1 with The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $1,840.00 for Project No. WWTP-2011-S-4 Building Reconstruction Lift Station No. 4 is hereby approved BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a change order for such work on behalf of the City of Grand Island. ---- Adopted by the City Council of the City of Grand Island, Nebraska, on November 8, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Item G13 #2011-332 - Approving Certificate of Final Completion for the 2011 Asphalt Resurfacing Project No. 2011-AC-1 Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: November 8, 2011 Subject: Approving Certificate of Final Completion for the 2011 Asphalt Resurfacing Project No. 2011-AC-1 Item #’s: G-13 Presenter(s): John Collins, Public Works Director Background J.I.L. Asphalt Paving Company of Grand Island, Nebraska was awarded a $305,464.36 contract on July 12, 2011, 2010. Work on the project commenced on August 8, 2011 and was completed on October 25, 2011. City Council approved Change Order No. 1 on September 13, 2011 to allow widening of each corner of the Capital Avenue and Sky Park intersection to better accommodate turning movements for large semitrailers. Change Order No. 1 was for $22,788.00 resulting in a revised contract amount of $328,252.36. Change Order No. 2 was approved by City Council on October 11, 2011and addressed additional work performed on Wyandotte Street and Stoeger Drive, due to delamination at the fabric layer during milling operations and also eliminated the milling operations on the section of Wyandotte Street. Change Order No. 2 resulted in a contract decrease of $551.58, resulting in a revised contract price of $327,700.78 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 $333,819.07. The project was overrun by a total of $6,118.29, which was due to extra asphalt cement being added to reach an approved mix design. Through production testing it was confirmed that the material properties achieved performance standards. The specifications required a minimum content of 5.0%, with 5.3% being reached. Extra flagging work to direct traffic through work zones was deemed necessary at all nine original locations, adding to the cost of the project. Initially flagging was thought only to be necessary on Stuhr Road and Claude Road. 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 Asphalt Resurfacing Project No. 2011-AC-1. Sample Motion Move to approve the Certificate of Final Completion for Asphalt Resurfacing Project No. 2011-AC-1. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Asphalt Resurfacing Project No. 2011-AC-1 CITY OF GRAND ISLAND, NEBRASKA November 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Asphalt Resurfacing Project No. 2011-AC-1 has been fully completed by J.I.L. Asphalt Paving Company of Grand Island, Nebraska under the contract dated July 12, 2011. 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. Asphalt Resurfacing Project No. 2011-AC-1 Item No. Description Total Quantity Unit Unit Price Total Cost Bid Section #1 - August Street 1 Tack Coat 475.00 gal $1.00 $475.00 2 Milling 3,812.00 s.y. $2.11 $8,043.32 3 Type "SPL-B" 375.05 ton $24.45 $9,169.97 4 Asphalt Cement 4,853.30 gal $3.08 $14,948.16 Total Bid Section #1 = $32,636.46 Bid Section #2 - Wyandotte Street 1 Tack Coat 375.00 gal $1.00 $375.00 2 Milling 0.00 s.y. $2.11 $0.00 3 Type "SPL-B" 340.69 ton $24.45 $8,329.87 4 Asphalt Cement 4,602.96 gal $3.08 $14,177.12 Total Bid Section #2 = $22,881.99 Bid Section #3 - Darr Avenue 1 Tack Coat 82.00 gal $1.00 $82.00 2 Milling 250.00 s.y. $2.11 $527.50 3 Type "SPL-B" 75.39 ton $24.45 $1,843.29 4 Asphalt Cement 921.68 gal $3.08 $2,838.77 Total Bid Section #3 = $5,291.56 Bid Section #4 - 7th Street 1 Tack Coat 175.00 gal $1.00 $175.00 2 Milling 680.00 s.y. $2.11 $1,434.80 3 Type "SPL-B" 157.73 ton $24.45 $3,856.50 4 Asphalt Cement 1,770.46 gal $3.08 $5,453.02 Total Bid Section #4 = $10,919.32 Bid Section #5 - Stoeger Drive 1 Tack Coat 193.00 gal $1.00 $193.00 2 Milling 750.00 s.y. $2.11 $1,582.50 3 Type "SPL-B" 220.44 ton $24.45 $5,389.76 4 Asphalt Cement 2,781.19 gal $3.08 $8,566.07 Total Bid Section #5 = $15,731.32 Bid Section #6 - 9th Street 1 Tack Coat 100.00 gal $1.00 $100.00 2 Milling 300.00 s.y. $2.11 $633.00 3 Type "SPL-B" 96.41 ton $24.45 $2,357.22 4 Asphalt Cement 1,286.30 gal $3.08 $3,961.80 Total Bid Section #6 = $7,052.03 Bid Section #7 - Boggs Avenue 1 Tack Coat 300.00 gal $1.00 $300.00 2 Milling 2,646.00 s.y. $2.11 $5,583.06 3 Type "SPL-B" 283.68 ton $24.45 $6,935.98 4 Asphalt Cement 3,553.85 gal $3.08 $10,945.86 Total Bid Section #7 = $23,764.89 Bid Section #8 - Claude Road 1 Tack Coat 1,300.00 gal $1.00 $1,300.00 2 Milling 4,900.00 s.y. $2.11 $10,339.00 3 Type "SPL-A" 1,031.80 ton $24.25 $25,021.15 4 Asphalt Cement 13,241.95 gal $3.08 $40,785.21 5 Shoulder Construction 17.62 sta. $102.00 $1,797.24 Total Bid Section #8 = $79,242.60 Bid Section #9 - Stuhr Road 1 Tack Coat 1,400.00 gal $1.00 $1,400.00 2 Milling 5,900.00 s.y. $2.11 $12,449.00 3 Type "SPL-A" 1,349.66 ton $24.25 $32,729.26 4 Asphalt Cement 15,939.78 gal $3.08 $49,094.52 5 Shoulder Construction 23.30 sta. $102.00 $2,376.60 Total Bid Section #9 = $98,049.38 Bid Section #10 - Job Mix Design & Miscellaneous Items 1 Job Mix Design for Asphaltic Concrete, Type "SPL-A" 1.00 l.s. $900.00 $900.00 2 Job Mix Design for Asphaltic Concrete, Type "SPL-B" 1.00 l.s. $900.00 $900.00 3 Flagging (15 days) 62.00 l.s. $1,200.00 $4,960.00 4 Mobilization 1.00 l.s. $500.00 $500.00 Total Bid Section #10 = $7,260.00 SubTotal Total - Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10= $302,829.54 Change Order No. 1 CO - 1 Asphalt Concrete, Type SPL-1 (64-22) 291.21 ton $84.40 $24,578.12 Total Bid Change Order No. 1 = $24,578.12 Change Order No. 2 CO- 2A Asphaltic Concrete Patching 933.00 s.y. $5.08 $4,739.64 CO- 2B Asphaltic Concrete for Patching, Type B 32.62 ton $51.25 $1,671.78 CO- 2C Milling (Wyandotte Street) - Bid Section #2 0.00 s.y. $2.11 $0.00 Total Bid Section #10 = $6,411.42 PROJECT TOTAL = $333,819.08 I hereby recommend that the Engineer’s Certificate of Final Completion for Asphalt Resurfacing Project No. 2011-AC-1 be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-332 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for Project No. 2011-AC-1, Asphalt Resurfacing, certifying that J.I.L. Asphalt Paving Company of Grand Island, Nebraska, under contract, has completed the asphalt resurfacing; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/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 Project No. 2011-AC-1, Asphalt Resurfacing, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-333 - Approving Certificate of Final Completion for Concrete Ditch Liner and Headwall East of Harrison Street Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Certific ate of Final Completion for Concrete Ditch Liner and Headwall East of Harrison Street Item #’s: G-14 Presenter(s): John Collins, Public Works Director Background The Diamond Engineering Company of Grand Island, Nebraska was awarded a $23,261.00 bid by the City Council on September 27, 2011 to install a concrete ditch liner and headwall east of Harrison Street. Work on the project commenced on October 4, 2011 and was completed on October 24, 2011. Discussion The project was completed in accordance with the terms, conditions and stipulations of the bidding process. Work was completed at a total cost of $24,986.00. Change Order No. 1 is being presented to City Council tonight in the amount of $1,725.00, which is for the furnishing and placing of crushed rock to provide a stable base for the ditch liner. 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 Concrete Ditch Liner and Headwall East of Harrison Street. Sample Motion Move to approve the Certificate of Final Completion for the Concrete Ditch Liner and Headwall East of Harrison Street. ENGINEER’S CERTIFICATE OF FINAL COMPLETION Concrete Ditch Liner and Headwall East of Harrison Street CITY OF GRAND ISLAND, NEBRASKA November 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that the Concrete Ditch Liner and Headwall East of Harrison Street has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated September 27, 2011. 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. Concrete Ditch Liner and Headwall East of Harrison Street Concrete Ditch Liner and Headwall $23,261.00 Change Order No. 1 $ 1,725.00 Total Project Cost $24,986.00 I hereby recommend that the Engineer’s Certif icate of Final Completion for the Concrete Ditch Liner and Headwall East of Harrison Street be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-333 WHEREAS, the City Engineer/Public Works Director for the City Of Grand Island has issued a Certificate of Completion for the Concrete Ditch Liner and Headwall East of Harrison Street, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the project; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Engineer/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 Concrete Ditch Linder and Headwall East of Harrison Street, is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-334 - Approving Amending the 2011/2012 Fee Schedule Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Steve Lamken City of Grand Island City Council Council Agenda Memo From: Steven Lamken, Police Chief Meeting: November 8, 2011 Subject: Amending of 2011/2012 Fee Schedule Item #’s: G-15 Presenter(s): Steven Lamken, Police Chief Background The Police Department recommended that the fee for processing an application and issuing a permit to purchase a handgun be raised from $5.00 to $10.00 to better reflect the costs of issuing the permits. State Statute restricts the amount that we can collect for the permit process to $5.00. We recommend amending the 2011/2012 fee schedule to return the permit fee to $5.00. Discussion The Police Department recommended that the fee for processing an application and issuing a permit to purchase a handgun be raised from $5.00 to $10.00 based upon the costs of issuing the permits. A Police Officer is required to conduct a background check on a permit applicant before a permit can be issued. The amount of work required can vary from ten minutes to well over 30 minutes if the applicant has lived in multiple jurisdictions or had prior arrests. The City Council adopted the new fee of $10.00 in the 2011/2012 City Fee Schedule. We have since become aware that the fees that can be collected for processing and issuing permits to purchase a handgun are set in State Statute at $5.00. State Statute 69- 2404 sets forth a fee of $5.00. We cannot charge more regardless of the cost of performing the service. The Police Department recommends that the Fee Schedule be amended to $5.00 for the cost of processing and issuing a permit to purchase a handgun. 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 amend the 2011/2012 City Fee Schedule to reflect a fee of $5.00 for processing and issuing a permit to purchase a handgun. Sample Motion Move to amend the 2011/2012 City Fee Schedule to have a fee of $5.00 for services to process and issue a permit to purchase a handgun. Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-334 WHEREAS, the 2011/2012 City Fee Schedule has a fee of ten dollars, $10.00 for processing the application and issuing a permit to purchase a handgun; and WHEREAS, State Statute 69-2404 sets forth a fee of $5.00 for obtaining a permit to purchase a handgun; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the 2011/2012 City Fee Schedule be amended to have a fee of five dollars, $5.00 for processing the application and issuing a permit to purchase a handgun. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-335 - Approving Update to the Emergency Management/Communication Center Interlocal Cooperation Agreement with Hall County Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Jon Rosenlund City of Grand Island City Council Council Agenda Memo From: Jon Rosenlund, Emergency Management Director Meeting: November 8, 2011 Subject: Update to the Emergency Management/Comm Agreement with Hall County Item #’s: G-16 Presenter(s): Jon Rosenlund, Emergency Management Director Background This proposed update to the Emergency Management and Communications Interlocal Agreement answers liability concerns raised by County Board members of that Interlocal Committee. Discussion At a recent meeting of the Interlocal Committee for Emergency Management and Communications, members of that committee discussed issues of liability protection. Hall County Board members brought forward a concern that the County might have liability exposure for the actions of City employees in the Emergency Management Department. Working together, the City Attorney, County Attorney, and Director of Emergency Management proposed changes to the existing agreement that include a new “hold harmless” clause whereby the County is not held liable for the actions of City employees. Following recommendations by both City and County Attorneys, the Interlocal Committee voted affirmatively to recommend this new draft of the Interlocal Agreement for Council approval. This replaces the existing agreement dated May 4, 2009. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve this agreement. Sample Motion Move to approve this updated interlocal agreement. EMERGENCY MANAGEMENT/COMMUNICATIONS CENTER INTERLOCAL COOPERATION AGREEMENT WHEREAS, it is in the best interests of the County of Hall to participate in a joint emergency management/communications center with the City of Grand Island; and, WHEREAS, it is in the best interests of the City of Grand Island to participate in a joint emergency management/communications center with the County of Hall; and, WHEREAS, the County of Hall and the City of Grand Island wish to enter into such an agreement, pursuant to the terms of the Interlocal Cooperation Act; and, WHEREAS, the Board of Supervisors of Hall County has reviewed this agreement and has authorized the chairman of the Board of Supervisors of Hall County to sign this agreement; and, WHEREAS, the City Council of the City of Grand Island has reviewed this agreement and has authorized the Mayor of the City of Grand Island to sign this agreement. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO THAT: 1. The term of this agreement shall be perpetual unless terminated as hereinafter provided. 2. The emergency management/communications center established pursuant to the terms of this agreement shall function as a department of the City of Grand Island, subject, however, to the terms of this agreement. The department shall be known as the “Emergency Management/Communications Center”. 3. The Emergency Management/Communications Center shall be supervised by a joint committee consisting of the Chairperson of the Board of Supervisors of Hall County, the 2 Mayor of the City of Grand Island, two members of the Grand Island City Council and two members of the Board of Supervisors. The joint committee shall be responsible for: recommending and providing policy direction and serve as the advisory committee which govern operations of the Emergency Management/Communications Center, and recommending a budget to the Board of Supervisors of the County of Hall and the City Council of the City of Grand Island. In the event the members of the joint committee shall fail to agree as to any matter, such a matter shall be submitted to the Board of Supervisors and the City Council for determination, advising the Mayor of opposition or action. All actions of the joint committee shall be reported in writing within seven days to the Board of Supervisors and the City Council. 4. The Director of the Emergency Management/Communications Center shall be an employee of the City of Grand Island and shall be subject to the employee policies, rules and regulations, including the disciplinary process for city employees. The Director of the Emergency Management/Communications Center shall also be entitled to the benefits of the city personnel systems as department head. The duties and responsibilities of the director shall include: direction and management of the day-to-day operations of the Emergency Management/Communications Center; attending meetings of the joint committee and giving them his/her opinion on any matter, either orally or in writing as may be required; accounting for all funds received and disbursed by the Emergency Management/Communications Center; preparing an annual budget for submission to the joint committee; and performing such other duties as may be required. 5. Employees of the Emergency Manageme nt/Communications Center below the level of the director shall be employees of the City of Grand Island and shall be subject to the 3 employee policies, rules and regulations, including the disciplinary process for city employees, and shall also be entitled to the benefits of the city personnel system. 6. The purpose of the Emergency Management/Communications Center shall include operation of Emergency Management functions, operation of the 911 Emergency Center, and such other duties as shall from time to time be established. 7. The Emergency Management/Communications Center shall adopt a fiscal year commencing October 1st and terminating September 30th. 8. On or before June 15th in each year, the joint committee shall submit a recommended budget to the Board of Supervisors of Hall County and the City Council of the City of Grand Island. The Board of Supervisors shall, prior to August 1st, in each year, adopt a budget for funding of the Emergency Management/Communications Center for the next fiscal year. The City Council shall, prior to July 1st, formally review a budget for funding the Emergency Management/Communications Center for the next fiscal year, and shall adopt a budget for funding the Emergency Management/Communications Center prior to August 1st. 9. The receipts, expenditures, and payroll of the Emergency Management Communications Center shall be received and disbursed through the City Clerk/Finance Director’s office of the City of Grand Island. The City of Grand Island shall regularly invoice the County of Hall for 50% of the balance of actual expenses following a credit of revenues received for that same period. 10. The expenses and receipts of the Emergency Management/Communications Center shall be shared equally by the County of Hall and the City of Grand Island. These items shall include salary and fringe benefits costs; capital expenditures; receipts from sale of property; income from operations; supplies, maintenance; all emergency expenditures; claims, insurance; 4 and other operating income and expenses. As long as the Emergency Management/Communications Center is located in City Hall, no rent shall be charged for the space used by the Center. Any inequities resulting from the differing budget systems used to finance the Communications Center shall be adjusted between the parties in the following budget year or years. 11. All property transferred to or acquired by the Emergency Management/Communications Center shall be owned jointly by the County of Hall and the City of Grand Island. Upon disposal of any property owned by the Communications Center, the proceeds shall be divided equally between the County of Hall and the City of Grand Island. In the event that this agreement is terminated and one of the parties continues operation of the same or similar service provided hereunder, either individually or in cooperation with some other entity, it is understood and agreed that all property of the Emergency Management/Communications Center owned jointly by the parties hereto shall be transferred to such individual party without costs. 12. City agrees to indemnify and hold harmless, protect and defend the County and its elected and appointed officials, employees, agents, and representatives from any and all claims, losses, demands, suits, actions, payments and judgments, including any and all costs and expenses connected therewith, legal cost or otherwise, for any damages which may be asserted, claimed, or recovered against or from the County or its insurers because of personal injury, including bodily injury or death, or on account of property damage, including loss of use thereof, sustained by any person or persons which arises out of, is in any way connected with, or results from any and all work or activity arising out of the responsibilities of the City associated with 5 this agreement unless said claims, losses, damages and liabilities arise out of the sole negligence of the County. 13. This agreement shall replace the Interlocal Cooperation Agreement between the parties dated May 4, 2009, and shall continue the operations hereunder except as specifically herein provided. 14. Either party may terminate this agreement effective on June 30th in any year, provided, written notice of such termination is delivered to the other party prior to March 1st of that year. Dated this _____ day of __________________, 2011. CITY OF GRAND ISLAND, NEBRASKA, ATTEST: A Municipal Corporation, ___________________________________ By: ____________________________________ RaNae Edwards, City Clerk Jay Vavricek, Mayor COUNTY OF HALL, NEBRASKA, ATTEST: ___________________________________ By: ____________________________________ Marla Conley, County Clerk Pam Lancaster, Chairperson Hall County Board of Supervisors Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-335 WHEREAS, it is in the best interests of the County of Hall to participate in a joint emergency management/communications center with the City of Grand Island; and, WHEREAS, it is in the best interests of the City of Grand Island to participate in a joint emergency management/communications center with the County of Hall; and, WHEREAS, the County of Hall and the City of Grand Island wish to update such an agreement, pursuant to the terms of the Interlocal Cooperation Act; and, WHEREAS, the City Council of the City of Grand Island has reviewed this agreement and has authorized the Mayor of the City of Grand Island to sign this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, to enter into an Interlocal agreement with the County of Hall according to the revised terms of the Interlocal agreement draft presented to Council, and the Mayor is hereby authorized and directed to execute such Interlocal on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2011-336 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Street Improvement District No. 1256; Capital Avenue from the Moores Creek Drain to Webb Road Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Certificate of Final Completion and Scheduling the Board of Equalization for Street Improvement District No. 1256; Capital Avenue from the Moores Creek Drain to Webb Road Item #’s: G-17 Presenter(s): John Collins, Public Works Director Background The contract for Street Improvement District No. 1256 was awarded to The Diamond Engineering Company of Grand Island, Nebraska on May 13, 2008. Work commenced on August 26, 2008 and was completed on May 4, 2010. Discussion Street Improvement District No. 1256 was completed in accordance with the terms, conditions and stipulations of the contract, plans, and specifications. The project was completed on schedule at a construction price of $3,946,457.35. Total cost of the project, is $4,684,331.83. Costs for the project break down as follows: Original Bid $3,379,328.25 Underruns -$517.39 Change Order No. 1 $351,219.24 Change Order No. 2 $32,077.94 Change Order No. 3 $141,330.31 Change Order No. 4 $43,019.00 SubTotal (Construction Price)$3,946,457.35 Additional Costs: Preliminary Engineering $278,937.48 Construction Engineering $458,937.00 TOTAL COST $4,684,331.83 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Street Improvement District No. 1256 and set the Board of Equalization date of December 20, 2011. Sample Motion Move to approve the resolution. ENGINEER’S CERTIFICATE OF FINAL COMPLETION STREET IMPROVEMENT DISTRICT NO. 1256 CITY OF GRAND ISLAND, NEBRASKA November 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that construction of STREET IMPROVEMENT DISTRICT NO. 1256 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated May 20, 2008. The construction of this street improvement district has been completed in accordance with the terms, conditions, and stipulations of said contract and complies with the contract, the plans, and the specifications. The work regarding this Street Improvement District 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. District No. 1256, Capital Avenue, from Moores Creek Drain to Webb Road Item No. Description Total Quantity Unit Unit Price Total Cost Bid Section "A" - Surfacing 1 9" Concrete Pavement 26,550.00 s.y. $32.00 $849,600.00 2 9" Concrete Pavement w/ 4" Foundation Course 1,315.00 s.y. $42.10 $55,361.50 3 High Early Concrete Pavement 125.50 c.y. $25.00 $3,137.50 4 6" Concrete Pavement 1,675.00 s.y. $24.60 $41,205.00 5 6" Integral Curb 8,947.00 l.f. $1.45 $12,973.15 6 8" Asphaltic Concrete Pavement 0.00 tns $91.50 $0.00 7 6" Asphaltic Concrete Pavement 0.00 tns $115.00 $0.00 8 6" Concrete Driveway 797.00 s.y. $28.00 $22,316.00 9 8" Concrete Driveway 640.00 s.y. $33.00 $21,120.00 10 Combination Curb & Gutter 1,352.00 l.f. $14.00 $18,928.00 11 Combination Curb & Gutter Stem Wall 70.00 l.f. $25.00 $1,750.00 12 Reinforced Combination Curb & Gutter 63.00 l.f. $21.50 $1,354.50 13 5" Imprinted Colored Concrete Median Surfacing 926.00 s.y. $64.45 $59,680.70 14 5" Concrete Median Surfacing 111.00 s.y. $37.00 $4,107.00 15 Build Concrete Median Nose 11.00 ea. $710.00 $7,810.00 16 5" Concrete Sidewalk 1,860.00 s.y. $26.00 $48,360.00 17 6" Concrete Bike Trail 2,620.00 s.y. $32.40 $84,888.00 18 Detectable Warning Plates 96.00 ea. $280.00 $26,880.00 19 Brick Pavers 830.00 s.f. $20.00 $16,600.00 20 Crushed Rock Surfacing 146.40 tns $26.65 $3,901.56 21 48" Chainlink Fence 35.00 l.f. $45.00 $1,575.00 22 Sod 3,239.00 s.y. $3.65 $11,822.35 23 Seeding 22,981.00 s.y. $1.35 $31,024.35 24 1 1/4" Corporation Stop 1.00 ea. $425.00 $425.00 25 1 1/4" Curb Stop 1.00 ea. $325.00 $325.00 26 1 1/4" Service Tubing 100.00 l.f. $21.50 $2,150.00 27 Adjust Manhole to Grade 19.00 ea. $245.00 $4,655.00 28 Adjust Valve to Grade 13.00 ea. $155.00 $2,015.00 29 Remove and Relocate Fire Hydrant 6.00 ea. $950.00 $5,700.00 30 Adjsut Fire Hydrant to Grade 5.00 ea. $700.00 $3,500.00 31 Remove Pavement 21,458.00 s.y. $4.25 $91,196.50 32 Remove Sidewalk 699.00 s.y. $1.95 $1,363.05 33 Remove Concrete Swale 32.00 s.y. $3.25 $104.00 34 Remove Median Surfacing 278.00 s.y. $5.25 $1,459.50 35 Grind Curb 0.00 l.f. $8.00 $0.00 36 Remove Sanitary Sewer Air Release Manhole 1.00 ea. $300.00 $300.00 37 Remove and Salvage Light Pole 5.00 ea. $360.00 $1,800.00 38 Remove Foundation 5.00 ea. $256.00 $1,280.00 39 Remove and Salvage Fence 209.00 l.f. $5.55 $1,159.95 40 Remove Bollard 6.00 ea. $45.00 $270.00 41 Temporary Surafcing 2,907.00 s.y. $18.15 $52,762.05 42 Temporary Gravel Surfacing 0.00 tns $15.00 $0.00 43 Traffic Control 1.00 ls $70,000.00 $70,000.00 44 Unsuitable Material Overexcavation 5,176.00 c.y. $16.50 $85,404.00 45 Granular Sub-Drain 2.00 ea. $850.00 $1,700.00 46 Additional Subgrade Preparation 14,279.00 s.y. $10.00 $142,790.00 47 Earthwork 1.00 ls $210,000.00 $210,000.00 48 Concrete Protection Barrier 780.00 l.f. $13.50 $10,530.00 Total Bid Section "A" = $2,015,283.66 Bid Section "B" - Storm Sewer 1 Type "D" Modified Curb Inlet 35.00 ea. $1,480.00 $51,800.00 2 Type "BA"Curb Inlet 4.00 ea. $1,815.00 $7,260.00 3 Type "D" Modified Curb Inlet/Junction Box 8.00 ea. $2,700.00 $21,600.00 4 Area Inlet 3.00 ea. $2,200.00 $6,600.00 5 Storm Sewer Manhole 13.00 ea. $3,270.00 $42,510.00 6 Concrete Collar 13.00 ea. $285.00 $3,705.00 7 5" Concrete Flowliner 0.00 s.y. $32.00 $0.00 8 15" Reinforced Concrete Flared End Section 1.00 ea. $485.00 $485.00 9 30" Reinforced Concrete Flared End Section 2.00 ea. $830.00 $1,660.00 10 36" Reinforced Concrete Flared End Section 1.00 ea. $1,115.00 $1,115.00 11 48" Reinforced Concrete Flared End Section 1.00 ea. $1,885.00 $1,885.00 12 Place Salvaged Reinforced Concrete Flared End Section 3.00 ea. $130.00 $390.00 13 24" Corrugated Metal Flared End Section 1.00 ea. $225.00 $225.00 14 15" Reinforced Concrete Storm Sewer Pipe 859.00 l.f. $33.00 $28,347.00 15 18" Reinforced Concrete Storm Sewer Pipe 1,327.00 l.f. $39.00 $51,753.00 16 24" Reinforced Concrete Storm Sewer Pipe 246.00 l.f. $56.00 $13,776.00 17 30" Reinforced Concrete Storm Sewer Pipe 471.00 l.f. $73.00 $34,383.00 18 36" Reinforced Concrete Storm Sewer Pipe 120.00 l.f. $100.00 $12,000.00 19 42" Arch Reinforced Concrete Storm Sewer Pipe 321.00 l.f. $188.00 $60,348.00 20 48" Reinforced Concrete Storm Sewer Pipe 1,068.00 l.f. $153.00 $163,404.00 21 24" Corrugated Metal Storm Sewer Pipe 56.00 l.f. $37.50 $2,100.00 22 Concrete For Box Culverts 63.00 c.y. $300.00 $18,900.00 23 Reinforcing Steel For Box Culverts 6,899.00 lbs $1.20 $8,278.80 24 Erosion Control, Class 2C 957.00 s.y. $16.50 $15,790.50 25 Temporary Erosion Control 1,404.00 l.f. $1.90 $2,667.60 26 Curb Inlet Sediment Filters 27.00 ea. $150.00 $4,050.00 27 Area Inlet Sediment Filters 0.00 ea. $780.00 $0.00 28 Tap Existing Storm Sewer Structure 5.00 ea. $330.00 $1,650.00 29 Reconstruct Area Inlet to Storm Sewer Manhole 0.00 ea. $2,900.00 $0.00 30 Remove Storm Sewer Pipe 624.00 l.f. $8.10 $5,054.40 31 Remove & Salvage Reinforced Concrete Flared End Section 3.00 ea. $105.00 $315.00 32 Remove Area Inlet 1.00 ea. $100.00 $100.00 33 Remove Grate Inlet 6.00 ea. $100.00 $600.00 34 Remove Curb Inlet 3.00 ea. $110.00 $330.00 35 Remove Storm Sewer Manhole 1.00 ea. $200.00 $200.00 36 Remove Trench Drain 25.00 l.f. $15.00 $375.00 37 Dewatering 0.00 l.f. $0.00 $0.00 Total Bid Section "B" = $563,657.30 Bid Section "C" - Sanitary Sewer Force Main 1 Air and Vacuum Release Manhole 3.00 ea. $11,905.00 $35,715.00 2 12" P.V.C. Sanitary Sewer Force Main 86.00 l.f. $47.25 $4,063.50 3 24" P.V.C. Sanitary Sewer Force Main 2,313.00 l.f. $82.85 $191,632.05 4 Jack and Bore 36" Steel Pipe Casing 175.00 l.f. $392.00 $68,600.00 5 12" Plug Valve w/ Box 2.00 ea. $2,617.00 $5,234.00 6 24" Plug Valve w/ Box 2.00 ea. $14,250.00 $28,500.00 7 12" M.J. Tee 0.00 ea. $695.00 $0.00 8 12" M.J. Cap 2.00 ea. $487.50 $975.00 9 12" M.J. Solid Sleeve 2.00 ea. $432.75 $865.50 10 12' M.J. 45 Degree Bend 3.00 ea. $540.80 $1,622.40 11 12" M.J. 90 Degree Bend 2.00 ea. $588.00 $1,176.00 12 24" x 12" M.J. Tee 2.00 ea. $3,025.00 $6,050.00 13 24" M.J. Cap 2.00 ea. $1,225.00 $2,450.00 14 24" J.J. 11 1/4 Degree Bend 1.00 ea. $2,682.00 $2,682.00 15 24" M.J. 22 1/2 Degree Bend 4.00 ea. $2,680.45 $10,721.80 16 24" M.J. 45 Degree Bend 3.00 ea. $2,575.85 $7,727.55 17 Remove 12" 90 Bend 0.00 ea. $69.80 $0.00 18 Remove 12" D.I. Sanitary Sewer Force Main 840.00 l.f. $10.40 $8,736.00 19 Remove & Replace Asphaltic Concrete Pavement 0.00 s.y. $43.75 $0.00 20 Dewatering 2,400.00 l.f. $15.00 $36,000.00 21 Connection to Existing Sanitary DIP 2.00 ea. $750.00 $1,500.00 22 12" Foster Adaptor 1.00 ea. $412.00 $412.00 23 24" Foster Adaptor 2.00 ea. $945.00 $1,890.00 24 24" Pipe Restraint for Bell Joints 18.00 ea. $738.40 $13,291.20 25 24" Pipe Restraint for Fittings 28.00 ea. $367.25 $10,283.00 26 12" Pipe Restraint For Fittings 15.00 ea. $119.70 $1,795.50 27 Concrete Blocking 16.00 c.y. $181.85 $2,909.60 28 8" Ductile Iron Water Main 58.00 l.f. $76.00 $4,408.00 29 8" M.J. 45 Degree Bends 4.00 ea. $432.00 $1,728.00 30 Water Main Wet Cut-In 1.00 ea. $445.00 $445.00 Total Bid Section "C" = $451,413.10 Bid Section "D" - Sanitary Sewer - St. Patrick Ave 1 Reconstruct Manhole to Drop Manhole 1.00 ea. $6,035.00 $6,035.00 2 10" P.V.C. Sanitary Sewer Pipe 278.00 l.f. $38.25 $10,633.50 3 10" P.V.C. Cap 1.00 ea. $185.00 $185.00 4 Dewatering 278.00 l.f. $24.45 $6,797.10 Total Bid Section "D" = $23,650.60 Bid Section "E" - Traffic Signal 1 Combination Mast Arm Signal and Lighting Pole, Type CMP-40-12 1.00 ea. $7,912.00 $7,912.00 2 Combination Mast Arm Signal and Lighting Pole, Type CMP-45-12 1.00 ea. $8,145.00 $8,145.00 3 Combination Mast Arm Signal and Lighting Pole, Type CMP-50-12 2.00 ea. $9,060.00 $18,120.00 4 Combination Mast Arm Signal and Lighting Pole, Type CMP-55-12 1.00 ea. $10,480.00 $10,480.00 5 Combination Mast Arm Signal and Lighting Pole, Type CMP-60-12 1.00 ea. $11,240.00 $11,240.00 6 Combination Mast Arm Signal and Lighting Pole, Type CMP-65-12 2.00 ea. $11,613.00 $23,226.00 7 Combination Mast Arm Signal and Lighting Pole, Type CMP-70-12 1.00 ea. $12,550.00 $12,550.00 8 Street Name Sign 5.00 ea. $110.00 $550.00 9 Traffic Signal Controller 3.00 ea. $9,750.00 $29,250.00 10 Traffic Signal, Type TS-1, T31 3.00 ea. $672.00 $2,016.00 11 Traffic Signal, Type TS-1, T36 18.00 ea. $765.00 $13,770.00 12 Traffic Signal, Type TS-1LL, T51B 5.00 ea. $1,176.00 $5,880.00 13 Traffic Signal, Type TS-1RR, T52 4.00 ea. $1,105.00 $4,420.00 14 Traffic Signal, Type TS-1LB, T47 1.00 ea. $910.00 $910.00 15 Pedestrian Signal, Type PS-1, T19 14.00 ea. $465.00 $6,510.00 16 Pedestrian Push Button, Type PPB 14.00 ea. $147.00 $2,058.00 17 Pull Box, Type PB-1 11.00 ea. $500.00 $5,500.00 18 Pull Box, Type PB-2 4.00 ea. $770.00 $3,080.00 19 Video Detection Camera 12.00 ea. $4,425.00 $53,100.00 20 Vehicle Detector, Type TD-3 2.00 ea. $370.00 $740.00 21 Service Meter and Pedestal 3.00 ea. $536.00 $1,608.00 22 2" Conduit in Trench 2,705.00 l.f. $2.90 $7,844.50 23 2" Conduit Under Roadway 0.00 l.f. $2.90 $0.00 24 3" Conduit in Trench 864.00 l.f. $3.70 $3,196.80 25 3" Conduit Under Roadway 0.00 l.f. $3.70 $0.00 26 2/C #14 AWG, Traffic Signal Cable 589.00 l.f. $0.75 $441.75 27 2/C #14 AWG, Detector Lead-in-Cable 1,908.00 l.f. $0.80 $1,526.40 28 5/C #14 AWG Traffic Signal Cable 1,760.00 l.f. $1.30 $2,288.00 29 7/C #14 AWG Traffic Signal Cable (Interconnect) 2,111.00 l.f. $1.60 $3,377.60 30 12/C #14 AWG Traffic Signal Cable 386.00 l.f. $3.00 $1,158.00 31 20/C #16 AWG Traffic Signal Cable 1,239.00 l.f. $4.20 $5,203.80 32 Camera Detector Cable 1,722.00 l.f. $1.90 $3,271.80 33 #6 Grounding Conductor 716.00 l.f. $0.95 $680.20 34 #8 Groudning Conductor 711.00 l.f. $0.85 $604.35 35 #4 Street Lighting Cable 1,352.00 l.f. $1.20 $1,622.40 36 #6 Street Lighting Cable 1,224.00 l.f. $1.05 $1,285.20 37 #6 Service Cable 638.00 l.f. $1.05 $669.90 38 Relocate Street Name Sign 5.00 ea. $100.00 $500.00 39 Relocate Luminaire 1.00 l.f. $126.00 $126.00 40 Relocate Traffic Signal, Type TS-1 2.00 ea. $140.00 $280.00 41 Remove Combination Mast Arm Signal and Lighting Pole, Complete 1.00 ea. $920.00 $920.00 42 Remove Pull Box 4.00 ea. $95.00 $380.00 43 Remove Traffic Signal Cabinet and Base, Complete 1.00 ea. $185.00 $185.00 44 Temporary Traffic Signal at US-281 & Capital Ave 1.00 ea. $9,000.00 $9,000.00 45 Relocate & Remove Temp Traffic Signal at Diers Ave & Capital Ave 1.00 l.s. $9,000.00 $9,000.00 46 Traffic Signal Removal at US-281 & Capital Ave 1.00 l.s. $2,415.00 $2,415.00 Total Bid Section "E" = $277,041.70 Bid Section "F" - Pavement Marking 1 4" Yellow Preformed Plastic Pavement Marking, Type 4, Grooved 3,928.00 l.f. $1.45 $5,695.60 2 8" Yellow Preformed Plastic Pavement Marking, Type 4, Grooved 30.00 l.f. $4.20 $126.00 3 4" White Preformed Plastic Pavmeent Marking, Type 4, Grooved 5,030.00 l.f. $1.40 $7,042.00 4 8" White Preformed Plastic Pavement Marking, Type 4 Grooved 675.00 l.f. $4.20 $2,835.00 5 12" White Preformed Plastic Pavement Marking, Type 4 Grooved 2,460.00 l.f. $5.50 $13,530.00 6 Arrow, Preformed Plastic Pavement Marking, Type 4, Grooved 33.00 ea. $185.00 $6,105.00 Total Bid Section "F" = $35,333.60 Bid Section "G" - Lighting 1 Street Lighting Control Center 2.00 ea. $1,425.00 $2,850.00 2 Pull Box, Type PB-5 26.00 ea. $357.00 $9,282.00 3 Street Lighting Unit, Type SL-D-40-15-0.25 26.00 ea. $2,160.00 $56,160.00 4 Relocate Existing Lighting Unit 2.00 ea. $735.00 $1,470.00 5 2" Conduit in Trench 4,654.00 l.f. $3.00 $13,962.00 6 2" Conduit Under Roadway 540.00 l.f. $3.00 $1,620.00 7 #4 CU THWN Street Light Cable 8,526.00 l.f. $1.20 $10,231.20 8 #6 CU THWN Street Light Cable 2,128.00 l.f. $1.05 $2,234.40 9 #10 Grounding Conductor 5,327.00 l.f. $0.45 $2,397.15 Total Bid Section "G" = $100,206.75 Total of Bid Sections A, B, C, D, E, F, G = $3,466,586.71 Change Order No. 1 1 Bypass Connection Manhole 1.00 ea. $8,099.15 $8,099.15 2 Construct 24" dia. PVC C-905 63.00 l.f. $243.50 $15,340.50 3 Build 24" dia. Plug Valve & Box 1.00 ea. $16,644.02 $16,644.02 4 Build 24" x 24" x 12" Tee, M. Jt. 1.00 ea. $4,365.00 $4,365.00 5 Build 24" x 24" 45 degree Bend, M.Jt. 1.00 ea. $3,648.30 $3,648.30 6 Dewater Site 1.00 l.s. $16,252.14 $16,252.14 7 Steel Sheeting 1.00 l.s. $24,469.52 $24,469.52 8 24" dia. Pipe Restraints 1.00 ea. $845.07 $845.07 9 24" dia. Pipe Restraints for Fittings 6.00 ea. $483.80 $2,902.80 10 Construct 15" dia. Sanitary Sewer Main SDR #26 66.00 l.f. $211.91 $13,986.06 11 Construct 27" dia. Sanitary Sewer Main SDR #26 31.40 l.f. $322.09 $10,113.63 12 Constrcut 36" dia. Sanitary Sewer Main SDR #26 104.00 l.f. $357.44 $37,173.76 13 Build 36" dia. PVC S.W. Cap Plug 1.00 ea. $2,965.38 $2,965.38 14 Build 2" dia. Corporation Stop w /Saddle 1.00 ea. $740.59 $740.59 15 Build 2" dia. Curb Stop & Box w/ enlarged Base 1.00 ea. $784.81 $784.81 16 Constreuct 2" dia. Type "K" Soft Copper Serv. Line 60.00 l.f. $52.42 $3,145.20 17 Build Special Manhole #1 Approx. 25.67 vft 1.00 ea. $43,599.52 $43,599.52 18 Build Special Manhole #2 Approx. 22.43 vft 1.00 ea. $62,771.06 $62,771.06 19 Build Special Manhole #3 Approx. 21.58 vft 1.00 ea. $59,812.81 $59,812.81 20 Build Special Manhole #4 Approx. 23.59 vft 1.00 ea. $26,178.88 $26,178.88 Total Change Order No. 1 = $353,838.20 Change Order No. 2 1 30" Fire Hydrant Extension 1.00 ea. $1,271.21 $1,271.21 2 6" Ductile Iron Pipe 40.00 l.f. $76.00 $3,040.00 3 8" Gate Valve & Box 2.00 ea. $1,721.60 $3,443.20 4 8" Ductile Iron Coupling 3.00 ea. $401.32 $1,203.96 5 Construct Shoo-fly 1.00 l.s. $2,538.83 $2,538.83 6 Install Linestop 1.00 l.s. $4,804.32 $4,804.32 7 Build Storm Sewer Manhole (See Item B-5) ea. $3,270.00 $0.00 8 36" RCP Precast 45 Degree Bend 1.00 ea. $1,732.03 $1,732.03 9 24" RCP Flared End Section 2.00 ea. $998.84 $1,997.68 10 12" Bell Joint Restraint 1.00 ea. $505.85 $505.85 11 Additional Light Pole Bury 10.00 ea. $185.00 $1,850.00 12 Signal Pole Extension Modification 6.00 c.y. $1,070.00 $6,420.00 13 Concrete for Manhole Inverts 16.50 c.y. $410.00 $6,765.00 Total Change Order No. 2 = $35,572.08 Change Order No. 3 1 Plug Valve Concrete Support Pad 2.00 ea. $593.10 $1,186.20 2 St. Patrick Intersection Shoo-fly 1.00 l.s. $1,800.00 $1,800.00 3 2" Asphaltic Concrete Pavement 137.00 ton $115.00 $15,755.00 4 Concrete Protection Barrier (See Item A-48) $13.50 $0.00 5 Sprinkler Labor 386.00 hr. $35.85 $13,838.10 6 Sprinkler Machine 31.75 hr. $102.25 $3,246.44 7 Sprinkler Fittings 10.22 l.s. $1,000.00 $10,216.46 8 Shipping Extra Fittings 1.00 l.s. $841.50 $841.50 9 Save Dewatering Well 1.00 l.s. $2,395.00 $2,395.00 10 Remove Pavement (See Item A-31) s.y. $4.25 $0.00 11 Concrete Protection Barrier (See Item A-48) l.f. $13.50 $0.00 12 6" Concrete Pavement (See Item A-4) s.y. $24.60 $0.00 13 8" Asphaltic Concrete Pavement (See Item A-6) ton $91.50 $0.00 14 6" Asphaltic Concrete Pavement (See Item A-7) ton $115.00 $0.00 15 9" P.C. Concrete Pavement (See Item A-1) s.y. $32.00 $0.00 16 6" P.C. Concrete Pavement (See Item A-4) s.y. $24.60 $0.00 17 8" P.C. Concrete Driveway (See Item A-9) s.y. $33.00 $0.00 18 Unsuitable Material Overexcavation (See Item A- 44) c.y. $16.50 $0.00 19 Additional Subgrade Preparation (See Item A-46) s.y. $10.00 $0.00 20 Crushed Concrete Backfill 665.00 ton $11.08 $7,368.20 21 2" Conduit Under Roadway (See Item E-23) l.f. $2.90 $0.00 22 3" Conduit Under Roadway (See Item E-25) l.f. $3.70 $0.00 23 2" Conduit, Jacked 154.00 l.f. $11.81 $1,818.74 24 3" Conduit, Jacked 299.00 l.f. $12.86 $3,845.14 25 8" Tapping Tee & Valve 1.00 ea. $4,998.17 $4,998.17 26 Remove Valve Manhole 3.00 ea. $499.52 $1,498.56 27 Reconstruct Area Inlet to Manhoe (See Item B- 29) ea. $2,900.00 $0.00 28 Tap Existing Storm Sewer Structure (See Item B-28) ea. $330.00 $0.00 29 Area Inlet (See Item B-4) ea. $2,200.00 $0.00 30 Modular Block Retaining Wall 403.00 s.f. $36.95 $14,890.85 Total Change Order No. 3 = $83,698.36 Change Order No. 4 1 Relocated Temporary Signal Pole 1.00 ea. $3,225.00 $3,225.00 2 Raise Traffic Signal, Type TS-1RR, T52 2.00 ea. $1,050.00 $2,100.00 3 Traffic Signal, Type TS-1L, T37 (Material Only) 2.00 ea. $718.50 $1,437.00 Total Change Order No. 4 = $6,762.00 Grand Total - Bid Sections A, B, C, D, E, F, G, Change Order No's. 1, 2, 3, 4 = $3,946,457.35 TOTAL SECTIONS A, B, C, D E, F, G $3,466,586.71 CHANGE ORDER NO.’s 1, 2, 3, 4 $ 479,870.64 SUB TOTAL (CONSTRUCTION COST) $3,946,457.35 Additional Costs: Preliminary Engineering (Olsson Assoc.) $ 278,937.48 Construction Engineering (Olsson Assoc.) $ 458,937.00 TOTAL COST OF STREET IMPROVEMENT DISTRICT NO. 1256 $4,684,331.83 Informational Costs Amount Assessable to Property Owners Including City Property is $794,704.80 City Property Costs is $138,038.23 Total City Cost is $1,039,290.37 Respectfully submitted, John Collins, P.E. Public Works Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - November 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for the Street Improvement District No. 1256, be approved. I further recommend that the City Council sit as the Board of Equalization on December 20, 2011 to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor Approved as to Form ¤ ___________ November 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-336 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Street Improvement District No. 1256 located in Capital Avenue, from Moores Creek Drain to Webb Road, certifying that The Diamond Engineering Company of Grand Island, Nebraska under contract date May 20, 2008, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the City Engineer/Public Works Director’s recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for Street Improvement District No. 1256 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on December 20, 2011 to determine benefits and set assessments for Street Improvement District No. 1256. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2011-337 - Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 526; Lot 3 of Grand Island Plaza Subdivision Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Approving Certificate of Final Completion and Scheduling the Board of Equalization for Sanitary Sewer District No. 526; Lot 3 of Grand Island Plaza Subdivision Item #’s: G-18 Presenter(s): John Collins, Public Works Director Background Sanitary Sewer District No. 526 was created by City Council on September 8, 2008 to serve the Gordman property, at the property owner’s request, in connection with the Capital Avenue Widening Project. Discussion Sanitary Sewer District No. 526 was completed in accordance with the terms, conditions, and stipulations of the contract, plans, and the specifications. The project was completed at a construction price of $33,440.60. Total project, as shown below, is $37,589.23. Original Bid $22,772.80 Overruns $ 877.80 Change Order No. 3 (50%) $ 9,790.00 SUBTOTAL (Construction Price) $33,440.60 Preliminary Engineering Costs $ 1,600.00 Construction Engineering Costs $ 2,548.63 TOTAL COST $37,589.23 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Certificate of Final Completion for Sanitary Sewer District No. 526 and set the Board of Equalization date of December 20, 2011. Sample Motion Move to approve the Certificate of Final Completion and set the Board of Equalization Hearing for Sanitary Sewer District No. 526. ENGINEER’S CERTIFICATE OF FINAL COMPLETION SANITARY SEWER DISTRICT No. 526 LOT 3 OF GRAND ISLAND PLAZA SUBDIVISION CITY OF GRAND ISLAND, NEBRASKA November 8, 2011 TO THE MEMBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA This is to certify that Sanitary Sewer District No. 526 has been fully completed by The Diamond Engineering Company of Grand Island, Nebraska under the contract dated May 20, 2008. 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 City Engineer/Public Works Director in accordance with the provisions of Section 16-650 R.R.S., 1943. If is further certified that the improvements as constructed include the following items and costs and that this certificate shall constitute the final payment for this work. Sanitary Sewer District No. 526 Item No. Description Total Quantity Unit Unit Price Total Cost 1 Reconstruct Manhole to Drop Manhole 1.00 ea. $6,035.00 $6,035.00 2 10" P.V.C. Sanitary Sewer Pipe 278.00 l.f. $38.25 $10,633.50 3 10" P.V.C. Cap 1.00 ea. $185.00 $185.00 4 Dewatering 278.00 l.f. $24.45 $6,797.10 2 St. Patrick Intersection Shoo-fly 0.50 l.s. $1,800.00 $900.00 3 2" Asphaltic Concrete Pavement 68.50 ton $115.00 $7,877.50 4 Concrete Protection Barrier (See Item A-48) 75.00 l.f. $13.50 $1,012.50 Total = $33,440.60 SUMMARY OF OTHER COSTS Preliminary Engineering $1,600.00 Engineering $2,548.63 ---------------- TOTAL – OTHER COSTS $ 4,148.63 TOTAL COST OF SANITARY SEWER DISTRICT No. 526 $37,589.23 Respectfully submitted, John Collins City Engineer/Public Works Director TO MEMEBERS OF THE COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 526 be approved. I further recommend that the City Council sit as a Board of Equalization on December 20, 2011 to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek Mayor I hereby recommend that the Engineer’s Certificate of Final Completion for Sanitary Sewer District No. 526 be approved. ____________________________________________ ___________________________________ John Collins – City Engineer/Public Works Director Jay Vavricek – Mayor Approved as to Form ¤ ___________ November 3, 2011 ¤ City Attorney R E S O L U T I O N 2011-337 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Sanitary Sewer District No. 526 located on Lots 3 of Grand Island Plaza Subdivision, certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract awarded May 20, 2008, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer/Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the City Engineer/Public Works Director’s recommendations.. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for Sanitary Sewer District No. 526 is hereby confirmed. 2. The City Council will sit as a Board of Equalization on December 20, 2011 at 7:00 p.m. to determine benefits and set assessments for Sanitary Sewer District No. 526. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2011-316 - Approving Amending the City of Grand Island Police Officers’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: November 8, 2011 Subject: Amendin g the City of Grand Island Police Officers’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Item #’s: G-19 Presenter(s): Jaye Monter, Interim Finance Director Background On October 25, 2011 the City Council referred this item to the November 8, 2011 Council meeting for further review. At the November 1, 2011 Study Session, Greg Anderson, Vice- President Trust Officer with Wells Fargo clarified the amendment to the Police Officers’ Retirement System Plan and Trust. Amendment No. 1 to the City’s retirement plan documents incorporates recent changes to pension laws and regulations for which plan documents need to be updated. Following is a brief summary of each article of the amendment. Generally, requirements must be included in plan documents. However, some provisions do not apply because this is a government plan or for other reasons, as noted. All provisions nevertheless are included in the amendment to provide a record of applicable authority for reference when the plan is required to be restated in a few years. Discussion ART EXPLANATION I General provisions regarding amendment, effective date, etc. II Summary of provisions covered in the amendment. III Specifies actuarial factors – i.e. interest rate and mortality table – that must be used to determine compliance with limitations on benefits imposed by Internal Revenue Code §415. IV Any beneficiary under a qualified plan who is not a spouse and is entitled to a benefit eligible for a rollover can directly roll the distribution over to an IRA. V After-tax contributions received in a distribution, if any, can be rolled over, as well, to certain types of retirement plans. VI Extends period for giving participants notice of distributions from 90 to 180 days. Notice of distributions must include a statement of the effect of delaying distributions and explanation of relative values of optional forms of benefit. Requirements do not apply to governmental plans. VII Domestic relations order directing division of benefits upon a participant’s divorce will not fail in certain cases due to the timing of issuance of the order. VIII No in-service distributions are allowed upon reaching early retirement age. IX Participants are allowed to elect qualified optional survivor annuity permitted under the plan. Requirements do not apply to governmental plans. X Direct rollover of a lump sum distribution is permitted to a ROTH IRA. XI Substitute “severance from employment”, a defined term in the Internal Revenue Code, for “separation from service” for required “top heavy” nondiscrimination testing of the plan. Governmental plans are exempt from top heavy testing. XII Changes to reflect new laws and regulations adopted in recent years regarding underfunded pension plans, specifically restricting optional payments and additional benefit accruals while a plan is in an underfunded state, and requiring annual reporting to plan participants. Requirements do not apply to governmental plans. XIII Incorporate required changes for plan participants in military service, some of which do not apply because of unique terms of the plan. XIV Incorporate certain interest rate and mortality assumptions for lump sum payouts and other plan provisions, to the extent applicable. XV Reflect suspension of 2009 required minimum distributions for participants who reach the later of 70 ½ and retirement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Amendment to the Police Officers’ Retirement System Plan and Trust with Wells Fargo. Motion Move to approve the Amended Services Agreement with Wells Fargo Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-316 WHEREAS, the City of Grand Island currently has a contract with Wells Fargo for the Police Officers’ Retirement System Plan and Trust. WHEREAS, The City’s retirement plan documents must incorporate recent changes to pension laws and regulations for which plan documents need to be updated. WHEREAS, the City must change retirement plan documents to incorporate laws and regulations for which plan documents need to be updated at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. City Administration recommends that the Council approve Amendment 1 to the Police Officers Retirement System Plan and Trust with Wells Fargo. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2011-317 - Approving Amending the City of Grand Island Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: November 8, 2011 Subject: Amendin g the City of Grand Island Firefighters’ Retirement System Plan and Trust for Changes in the Applicable Tax Laws. Item #’s: G-20 Presenter(s): Jaye Monter, Interim Finance Director Background On October 25, 2011 the City Council referred this item to the November 8, 2011 Council meeting for further review. At the November 1, 2011 Study Session, Greg Anderson, Vice- President Trust Officer with Wells Fargo clarified the amendment to the Firefighters’ Retirement System Plan and Trust. Amendment No. 1 to the City’s retirement plan documents incorporates recent changes to pension laws and regulations for which plan documents need to be updated. Following is a brief summary of each article of the amendment. Generally, requirements must be included in plan documents. However, some provisions do not apply because this is a government plan or for other reasons, as noted. All provisions nevertheless are included in the amendment to provide a record of applicable authority for reference when the plan is required to be restated in a few years. Discussion ART EXPLANATION I General provisions regarding amendment, effective date, etc. II Summary of provisions covered in the amendment. III Specifies actuarial factors – i.e. interest rate and mortality table – that must be used to determine compliance with limitations on benefits imposed by Internal Revenue Code §415. IV Any beneficiary under a qualified plan who is not a spouse and is entitled to a benefit eligible for a rollover can directly roll the distribution over to an IRA. V After-tax contributions received in a distribution, if any, can be rolled over, as well, to certain types of retirement plans. VI Extends period for giving participants notice of distributions from 90 to 180 days. Notice of distributions must include a statement of the effect of delaying distributions and explanation of relative values of optional forms of benefit. Requirements do not apply to governmental plans. VII Domestic relations order directing division of benefits upon a participant’s divorce will not fail in certain cases due to the timing of issuance of the order. VIII No in-service distributions are allowed upon reaching early retirement age. IX Participants are allowed to elect qualified optional survivor annuity permitted under the plan. Requirements do not apply to governmental plans. X Direct rollover of a lump sum distribution is permitted to a ROTH IRA. XI Substitute “severance from employment”, a defined term in the Internal Revenue Code, for “separation from service” for required “top heavy” nondiscrimination testing of the plan. Governmental plans are exempt from top heavy testing. XII Changes to reflect new laws and regulations adopted in recent years regarding underfunded pension plans, specifically restricting optional payments and additional benefit accruals while a plan is in an underfunded state, and requiring annual reporting to plan participants. Requirements do not apply to governmental plans. XIII Incorporate required changes for plan participants in military service, some of which do not apply because of unique terms of the plan. XIV Incorporate certain interest rate and mortality assumptions for lu mp sum payouts and other plan provisions, to the extent applicable. XV Reflect suspension of 2009 required minimum distributions for participants who reach the later of 70 ½ and retirement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Amendment to the Firefighters’’ Retirement System Plan and Trust with Wells Fargo. Motion Move to approve the Amended Services Agreement with Wells Fargo. Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-317 WHEREAS, the City of Grand Island currently has a contract with Wells Fargo for the Firefighters’ Retirement System Plan and Trust. WHEREAS, The City’s retirement plan documents must incorporate recent changes to pension laws and regulations for which plan documents need to be updated. WHEREAS, the City must change retirement plan documents to incorporate laws and regulations for which plan documents need to be updated at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement for such services on behalf of the City of Grand Island. City Administration recommends that the Council approve Amendment 1 to the Firefighters’ Retirement System Plan and Trust with Wells Fargo. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-338 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #43, 1222 South Locust Street for a Class "D" Liquor License and Liquor Manager Designation for Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska This item relates to the aforementioned Public Hearing item E-1. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-338 WHEREAS, an application was filed by Bosselman Pump & Pantry, Inc. doing business as Pump & Pantry #43, 1222 South Locust Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 29, 2011; such publication cost being $; and WHEREAS, a public hearing was held on November 8, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-339 - Consideration of Request from Bosselman Pump & Pantry, Inc. dba Pump & Pantry #44, 1309 Diers Avenue for a Class "D" Liquor License and Liquor Manager Designation for Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska This item relates to the aforementioned Public Hearing item E-2. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-339 WHEREAS, an application was filed by Bosselman Pump & Pantry, Inc. doing business as Pump & Pantry #44, 1309 Diers Avenue for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 29, 2011; such publication cost being $; and WHEREAS, a public hearing was held on November 8, 2011 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons:_________________________ _________________________________________________________ ____ The City of Grand Island hereby recommends approval of Susan McAfee, 1863 7th Avenue, Dannebrog, Nebraska as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I3 #2011-340 - Consideration of Request from Pamela D. Hall dba BT’s Lounge, 2320 South Locust Street for a 12’ x 26’ Addition - Beer Garden to Liquor License "C-24627" This item relates to the aforementioned Public Hearing item E-3. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-340 WHEREAS, an application was filed by Pamela D. Hall, doing business as BT’s Lounge, 2320 South Locust Street for an addition of a Beer Garden to their Class "C-24627" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on October 29, 2011; such publication cost being $; and WHEREAS, a public hearing was held on November 8, 2011, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application contingent upon final inspections. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ _________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ _________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Margaret Hornady, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I4 #2011-341 - Approving Confidentiality Agreement with Municipal Energy Agency of Nebraska (MEAN) to Provide Southwest Power Pool Marketing Service Agreement Proposal Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: November 8, 2011 Subject: Confidentiality Agreement with the Municipal Energy Agency of Nebraska (MEAN) to Provide Southwest Power Pool Marketing Service Agreement Proposal Item #’s: I-4 Presenter(s): Timothy Luchsinger, Utilities Director Background Electric generation plants are connected to a national electric transmission grid for the distribution of electricity to users. The national grid is broken into several regional control groups that balance generation with demand among the region’s individual electric utility organizations, as well as the transfer of power to other regional grids. As part of controlling the transfer of electricity, these groups are also involved in the economic aspect of these transfers and the conditions of the sales and purchases. This has evolved from previous informal or formal agreements between utilities to the current point of a free market where power transactions are priced according to what buyers and sellers bid. The electric markets are implementing highly regulated systems for the control and dispatching of power from each plant and are similar to commodity or equity markets, in that they have complex requirements for conducting business transactions. The regional grid that Grand Island is located in is the Southwest Power Pool (SPP). At this time, Grand Island is not a member of SPP and transfers of power are arranged through interconnected utilities, Nebraska Public Power District (NPPD) and the Municipal Energy Agency of Nebraska (MEAN). MEAN conducts marketing of our share of the Whelan 2 plant in Hastings through an agreement with our inter-local body, the Public Power Generation Agency (PPGA). We also conduct sales from our share of the Nebraska City 2 through Omaha Public Power District. These utilities are registered members of SPP and have the qualified staff and systems needed to conduct transactions in the SPP market. The SPP market is evolving from one that looks at current pricing to one that will include conducting transactions a day ahead in order to better balance supply and demand. This will impact our operations as we will go from looking at real-time market conditions to also evaluating market conditions a day in advance and take into consideration hedging our needs and resources as the markets pan out. To participate in future power sales from our units in Grand Island, we will be required to register our generating units in SPP and either become a member of SPP, or use another member to conduct transactions and dispatch power using the SPP control network. At this time, we have neither the staff nor systems necessary to conduct transactions in the SPP market, so we have contacted MEAN and NPPD regarding proposals to become our broker until we determine whether to do these functions internally. Part of these proposals may also include some sort of a commission or other compensation to use their resources to help us determine long and short term strategies. Discussion MEAN has provided the attached Confidentiality Agreement that they require to be executed prior to providing the ir proposal. This agreement is applicable to the SPP market assistance proposal from MEAN, and does not bind or exclude the City to any other agreements. Utilities Department and Legal staff have reviewed the agreement and recommend that it be executed by the City. 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 execution of the Confidentiality Agreement between the City of Grand Island Utilities Department and the Municipal Energy Agency of Nebraska (MEAN) to provide Southwest Power Pool Marketing Service Agreement Proposal. Sample Motion Move to approve execution of the Confidentiality Agreement between the City of Grand Island, Utilities Department, and the Municipal Energy Agency of Nebraska (MEAN) to provide Southwest Power Pool Marketing Service Agreement Proposal. NON-DISCLOSURE CONFIDENTIALITY AGREEMENT This Agreement is made and entered into this _____ day of ________________, 20____ (the “Effective Date”) by and between the Municipal Energy Agency of Nebraska, (hereinafter referred to as “MEAN”) and Grand Island Utilities, acting for and on behalf of the City of Grand Island, Nebraska (hereinafter referred to as “Utility”). WHEREAS, the Parties intend to enter into discussions to explore the possibility of entering into an Agreement Regarding SPP Market Assistance (“Services Agreement”) under which MEAN would provide assistance to Utility to participate in the Southwest Power Pool, Inc. imbalance market and Day Two market; and WHEREAS, the Parties desire to protect the confidentiality of certain information contained within the Services Agreement document, regardless of whether such Services Agreement is executed or declined by the Parties. NOW, THEREFORE, the Parties hereto agree as follows: 1. Confidential Information. Confidential Information shall mean any information regarding compensation, pricing or fees contained within the Services Agreement, including, but not limited to Early Termination Fee, hourly billing rates, administrative fees, and estimated number of hours required to complete each task, except for that information specified in Section 9 below entitled “Exceptions.” 2. Use of Confidential Information. Unless specifically authorized in writing by MEAN, Utility will: a) use such Confidential Information solely for the purpose of evaluating the proposed services relationship for SPP market assistance between the Parties; and b) promptly return to MEAN, upon written request, any and all tangible material concerning such Confidential Information, including all copies and notes, provided, however, that in the event the Services Agreement is executed by and between the Parties, Utility may retain one original copy of the executed Services Agreement. 3. Non-Disclosure. Utility agrees to receive the Confidential Information in confidence. Utility agrees that it will treat such Confidential Information in the same manner that it treats like information of its own that it does not wish to disclose to the public, potential competition, or other carriers, but in all events it shall undertake at least a reasonable degree of care. To that end, Utility will not make a copy of any Confidential Information that is in documented form except for use by its employees and board members with a need to know. Utility further agrees not to distribute, disclose or disseminate the Confidential Information in any way to anyone, except its employees and board members who have such need to know. Utility further agrees not to use the Confidential Information for its own benefit or the benefit of others, except as authorized in writing by MEAN. Utility agrees that its disclosure of Confidential Information to its employees and board members who have such a need to know shall be limited to only so much of such Confidential Information as is necessary for that employee or board member to perform his/her function. 4. Term. This Agreement shall become effective upon execution and shall remain in effect for a term of two (2) years from the Effective Date. 5. No License. Nothing contained in this Agreement shall be construed as granting or conferring any rights by license or otherwise in any Confidential Information disclosed to Utility. 6. No Obligations. The furnishing of Confidential Information hereunder shall not obligate either Party to enter into any further agreement or negotiation with the other or to refrain from entering into an agreement or negotiation with any other party. 7. No Circumvention. Utility agrees not to circumvent MEAN by using Confidential Information or contacts provided or enter into negotiations with an individual(s) or entity(s) that one Party may introduce to the other Party for a period of two (2) years from the Effective Date of this Agreement. 8. Propriety Information. The Parties recognize that the Confidential Information is in many respects proprietary in nature, and as such Utility agrees that for a period of two (2) years from the Effective Date of this Agreement, Utility will not use anything that it may learn from MEAN (except generic industry related information) in such a way as to compete with MEAN. 9. Exceptions. The obligations imposed upon the Parties herein shall not apply to Confidential Information: a) which becomes available to the public through no wrongful act of Utility; or b) which is already in the possession of Utility and not subject to an existing agreement of confidence between the Parties; or c) which is received from a third party without restriction and without breach of this Agreement; or d) which is independently developed by Utility; or e) which is required to be disclosed by law, order, or regulation. In such a case, Utility must first notify MEAN and must make a reasonable effort to obtain a protective order from the issuing court or agency limiting disclosure and use of the Confidential Information solely for the purposes intended to be served by the original order of production. 10. Reliance. Each Party acknowledges that neither MEAN nor any of its representatives makes any express or implied representation or warranty as to the accuracy or completeness of any Confidential Information, except as may be otherwise agreed in writing between the Parties. Neither MEAN nor or its representatives shall have any liability to Utility, Utility’s representatives, or any other person, relating to or arising from the use of the Confidential Information or for any errors therein or omissions therefrom, and Utility assumes full responsibility for all conclusions such Party derives from the Confidential Information, except as may be otherwise agreed in writing between the Parties. 11. Breach of Agreement. The Parties acknowledge that, in the event of a threatened or actual breach of the Agreement, monetary damages may not be sufficient. Accordingly, MEAN shall be entitled to injunctive relief in the event of a threatened or actual breach of this Agreement. 12. Arbitration. Any dispute which shall arise as to the obligations of either Party to this Agreement or as to the interpretation of any provision of this Agreement shall be decided by arbitration in accordance with the Rules of the American Arbitration Association (“AAA”) applicable to commercial disputes. The Parties agree that in the event that arbitration is demanded by either Party, upon reasonable notice each Party shall make all non-privileged documents related to the issues in dispute available to the other Party for inspection and copying. Unless otherwise agreed, any such arbitration hearing shall be conducted in Lincoln, Nebraska. This Agreement shall be construed and any disputes arising thereunder shall be resolved in accordance with the laws of the State of Nebraska. 13. Governing State. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Nebraska. 14. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous oral or written representations with regard to the subject matter hereof. This Agreement may not be modified except by a writing signed by both Parties. IN WITNESS WHEREOF, the Parties have caused this Non-Disclosure Confidentiality Agreement to be executed by their respective duly authorized representatives as of the date first written above. MUNICIPAL ENERGY AGENCY GRAND ISLAND UTILITIES, ACTING OF NEBRASKA FOR AND ON BEHALF OF THE CITY OF GRAND ISLAND, NEBRASKA By: __________________________________ By: __________________________________ Name:________________________________ Name:________________________________ Title:_________________________________ Title:_________________________________ K:\Legal\K\MEAN\Grand Island_Confidentiality Agmt_SPP Market Assistance_final.doc Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-341 WHEREAS, electric generation plants are connected to a national electric transmission grid for the distribution of electricity to users; and WHEREAS, the national grid is broken into several regional groups that balance generation with demand among the region’s individual electric utility organizations, as well as transfer power to other regional grids; and WHEREAS, the market is evolving to a free market where power transactions are priced according to what buyers and sellers bid; and WHEREAS, the electric markets are implementing highly regulated systems for the control and dispatching of power from each plant and are similar to commodity or equity markets, in that they have complex requirements for conducting business transactions; and WHEREAS, the regional grid that Grand Island is located in is the Southwest Power Pool (SPP), and at the time, Grand Island is not a member of SPP and transfers of power are arranged through interconnected utilities, Nebraska Public Power District (NPPD) and the Municipal Energy Agency of Nebraska (MEAN); and WHEREAS, at this time, Grand Island Utilities has contacted MEAN and NPPD regarding proposals to become our broker until it is determined whether this functions can be done internally; and WHEREAS, MEAN has provided a Confidentiality Agreement that is required to be executed prior to providing their proposal, and this agreement is applicable to the SPP market assistance proposal from MEAN, and does not bind or exclude the City to any other agreements; and WHEREAS, Utilities Department and Legal staff have reviewed the agreement and recommend that it be executed by the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, the Confidentiality Agreement with the Municipal Energy Agency of Nebraska (MEAN) to provide Southwest Power Pool Marketing Service Agreement Proposal is hereby approved, and the Utilities Director is authorized to sign the agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I5 #2011-320 - Update Concerning Designating No Parking on 2nd Street, Between Walnut Street and Cedar Street Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: November 8, 2011 Subject: Update Concerning Designating No Parking on 2nd Street, Between Walnut Street and Cedar Street Item #’s: I-5 Presenter(s): John Collins, Public Works Director Background Council action is required to designate No Parking on any public street. At the October 25, 2011 Council Meeting a request from St. Steven's Episcopal Church to remove parking between Walnut Street and Cedar Street, on the north side of 2nd Street was presented. City Council referred this item to the November 8, 2011 meeting. Discussion Upon further evaluation of this request The Engineering Division of the Public Works Department will need to review the request with the Nebraska Department of Roads, as 2nd Street is a State highway. This item will be presented to City Council at a later date once an agreeable solution is reached with all parties. 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 allow the Engineering Division of the Public Works Department ample time to review such request. Sample Motion Move to allow the Engineering Division of the Public Works Department ample time to review such request. Approved as to Form ¤ ___________ November 2, 2011 ¤ City Attorney R E S O L U T I O N 2011-342 WHEREAS, on October 25, 2011 a request from St. Steven’s Episcopal Church to remove parking between Walnut Street and Cedar Street, on the north side of 2nd Street was presented to City Council; and WHEREAS, further evaluation of this request needs to be completed by the Public Works Department and the Nebraska Department of Roads, as 2nd Street is a State highway; and WHEREAS, this item will be presented to City Council at a later date once an agreeable solution is reached with all parties - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I6 #2011-343 - Consideration of Declaration of Intent to Issue Bonds for Uranium Removal System Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: November 8, 2011 Subject: Declaration of Intent to Issue Bonds for Uranium Removal System Item #’s: I-6 Presenter(s): Timothy Luchsinger, Utilities Director Background The City’s municipal water system is supplied primarily from its Platte River Well Field. This well field is comprised of 21 wells and a pumping station. Testing for State regulatory requirements indicated composite uranium levels to be approaching the Maximum Containment Level (MCL) established by the EPA. Uranium is not an acute concern but rather is a chronic concern over a lifetime of exposure, and sampling and testing of the Grand Island water system thus far show full compliance with the EPA regulation. Testing of individual wells for uranium has indicated most wells exceed this MCL. To allow use of these wells during high water system demand periods, additional piping was installed in the past year for blending with lower uranium concentration wells. Recent testing of uranium concentrations in the wells indicated a trend towards increasing levels, reducing the effectiveness of well blending to reduce overall levels, therefore, based on Department recommendations, the Utilities Department was authorized by Council on February 22, 2011, to proceed with the procurement and installation of the large-scale pilot uranium removal system. Based on the multiple phase structure of the uranium engineering services RFP, HDR, the City’s consultant on this project, was directed to provide a proposal for preparing specifications to issue for bids for an adsorptive media pilot plant. On June 28, 2011, Council awarded the contract for the Uranium Removal System – Equipment Procurement to Water Remediation Technology. On August 23, 2011, Council approved the proposal of HDR Engineering, Inc., of Lincoln, Nebraska, for Uranium Removal Water Plant – Task Order No. 2. This task order authorized the detailed engineering services which included preparation of specifications for bidding of a new building and foundations, underground piping, well modifications, and installation of the uranium removal equipment. On October 11, 2011, Council awarded the contract for Uranium Removal Water Treatment Plant - Building Construction to Chief Construction of Grand Island, Nebraska, in the amount of $324,857.30 for the building and foundations that will be required for installation and operation of the uranium removal system. Discussion As previously proposed to Council, it is estimated that the capital cost of this project will be $3,000,000, to be funded by bonding, with an annual operating cost of approximately $800,000, which is to be funded by a rate adjustment resulting in additional annual revenue of about 20%. Until the bonding is in place, our bond underwriter, Ameritas, has advised that the City should declare their intention to use bond revenue to fund the capital improvements of adding the uranium removal system. This will allow bond proceeds to be used for costs of the uranium removal system prior to the bonds being issued and the funds are received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the declaration of intent to issue bonds to reimburse expenses resulting from the procurement and installation of a uranium remova l system for the City’s water system. Sample Motion Move to approve the declaration of intent to issue bonds to reimburse expenses resulting from the procurement and installation of a uranium removal system for the City’s water system. Approved as to Form ¤ ___________ November 4, 2011 ¤ City Attorney R E S O L U T I O N 2011-243 WHEREAS; the Mayor and Council of the City of Grand Island hereby find and determine that it is necessary and appropriate to declare their official intent to issue tax-exempt bonds on behalf of the City, and in addition, the City’s reasonable expectations to reimburse certain expenditures with the proceeds of such bonds as proposed to be issued by the City in connection with the proposed project as described below. WHEREAS; this Resolution shall stand as a statement of the City’s official intent under Regulation Section 1.150-2 of the regulations of the United States Treasury and for such purpose the following information is hereby given: 1. A general functional description of the project for which expenditures may be made and reimbursement from bond proceeds provided is as follows: The procurement and installation of a uranium removal system for improvements to the City’s water system. 2. The maximum principal amount of debt expected to be issued for such project is $3,000.000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the declaration of intent to issue bonds to reimburse expenses resulting from the procurement and installation of a uranium removal system for improvements to the City’s water system is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 8, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of October 26, 2011 through November 8, 2011 The Claims for the period of October 26, 2011 through November 8, 2011 for a total amount of $3,803,152.42. A MOTION is in order. Tuesday, November 08, 2011 Council Session City of Grand Island Staff Contact: Jaye Monter City of Grand Island City Council