The URL can be used to link to this page

07-23-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, July 23, 2013 Council Session Packet City Council: Linna Dee Donaldson Scott Dugan John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 7/23/2013 Page 1 / 212 City of Grand Island Tuesday, July 23, 2013 Call to Order 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. Invocation - Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 7/23/2013 Page 2 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item C-1 Recognition of “You Auto Love It Downtown”, Saturday August 3rd The 8th Annual Grand Theatre Custom & Classic Car Show will be held Downtown on Saturday, August 3, 2013 from 5:00 p.m. to 9:00 p.m. All entries are FREE with complimentary movie passes provided to each entry. The entire event is FREE to the public with complimentary hamburgers, hotdogs, ice cream and pop provided by some very generous local business owners. Mayor Vavricek has proclaimed August 3rd as "You Auto Love It Downtown". Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 7/23/2013 Page 3 / 212 Grand Island Council Session - 7/23/2013 Page 4 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-1 Public Hearing on Acquisition of Utility Easement - Part of Lot 1, Block 2 Ponderosa Lake Estates 4th Subdivision - Hehnke Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 7/23/2013 Page 5 / 212 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:July 23, 2013 Subject:Acquisition of Utility Easement – Lot One (1), Block Two (2) Ponderosa Lake Estates Fourth Subdivision - Hehnke Item #’s:E-1, G-6 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of K.C. and Deborah Hehnke, located through a part of Lot One (1), Block Two (2), Ponderosa Lake Estates Fourth Subdivision, an addition to the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water lines. Discussion When Ponderosa Lake Estates Fourth Subdivision was developed, the owner installed a water line across the property and turned over ownership to the City per standard procedures. The transfer of ownership normally includes an easement, but this easement was not included on the plat. While performing an audit of the GIS system, it was discovered that the easement did not exist. This property has since been sold to the Hehnkes. As the City needs the easement to access the water lines, and to compensate the current owner for the loss of use of this portion of their property, an appraisal was commissioned to obtain a fair value of the easement. The appraised price is $1,700.00, which the owner has agreed to accept in exchange for the easement. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 7/23/2013 Page 6 / 212 Recommendation City Administration recommends that Council approve the resolution for acquisition of a public utility easement from K.C. and Deborah Hehnke, on the above-described tract of land, for one thousand seven hundred dollars ($1,700.00). Sample Motion Move to approve the resolution for acquisition of a public utility easement from K.C. and Deborah Hehnke, on the above-described tract of land, for one thousand seven hundred dollars ($1,700.00). Grand Island Council Session - 7/23/2013 Page 7 / 212 Grand Island Council Session - 7/23/2013 Page 8 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 807 West 4th Street - KERJAC, Inc. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 7/23/2013 Page 9 / 212 Council Agenda Memo From:Robert H. Smith, Asst. Utilities Director Meeting:July 23, 2013 Subject:Acquisition of Utility Easement – 807 W. 4th Street – KERJAC, Inc. Item #’s:E-2, G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of KERJAC, Inc., located at the southwest corner of 807 West 4th Street, next to the alley, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Principals of KERJAC, Inc. are Kerry and Jayne Cole. Discussion This easement will be used to place a pad-mounted three phase transformer to provide electrical service to the new business at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 7/23/2013 Page 10 / 212 Grand Island Council Session - 7/23/2013 Page 11 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-3 Public Hearing on Acquisition of Public Right-of-Way for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 12 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Public Hearing on Acquisition of Public Right-of-Way for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Item #’s:E-3, G-10 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public right-of-way is needed to accommodate the North Interceptor Phase II, Part B project, which is on Capital Avenue from Webb Road to Broadwell Avenue. Grand Island Council Session - 7/23/2013 Page 13 / 212 Discussion To allow for the accommodation of public utilities and a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue it is requested that forty-two (42) feet of public right-of-way be acquired by the City of Grand Island on the east side of Broadwell Avenue, north side of Capital Avenue. An appraisal and review appraisal were completed for this tract with an appraised value of $32,000.00. All documents have been signed and returned by the property owner. Authorization of the document and payment to the property owner of $32,000.00 is contingent upon City Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the public right-of-way, in the amount of $32,000.00. Sample Motion Move to approve the acquisition of the public right-of-way. Grand Island Council Session - 7/23/2013 Page 14 / 212 PUBLIC RIGHT-OF-WAY THE COUNTY OF HALL, NEBRASKA, a political subdivision of the State of Nebraska, herein called the Grantor, in consideration of THIRTY-TWO THOUSAND DOLLARS ($32,000) and other consideration, receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual public right-of-way to construct, operate, maintain, extend, repair, replace, and remove public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land consisting of an unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE N89°50'38"E A DISTANCE OF 724.16 FEET; THENCE N42°48'34"E A DISTANCE OF 41.03 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL - 1 - • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 7/23/2013 Page 15 / 212 AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 02°44'27", A ARC LENGTH OF 47.92 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S04°03'24"E FOR A DISTANCE OF 47.91 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S44°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 34.26 FEET; THENCE S89°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 730.67 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31,872 SQUARE FEET OR 0.73 ACRES MORE OR LESS. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the public right-of-way herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. REMARKS Grantor may construct, maintain, repair, and utilize for sprinkler improvements which will infringe upon the Permanent Easement. If Grantee, in its sole discretion, determines than any part or all of the improvement must be removed or is damaged by Grantee, and/or Grantee Parties, during the course of the employment or duties with Grantee, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Any damages to sprinklers as a result of the proposed utility and roadway improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. The brick memorials for the veterans memorial impacted by construction will be reconstructed in place or relocated along the proposed bike trail as approved by Hall County and United Veterans Club. Tree plantings to replace the trees removed associated with proposed utility improvements with the will be completed by Hall County. No additional compensation than described above. - 2 - Grand Island Council Session - 7/23/2013 Page 16 / 212 DATED: ________________, 2013 THE COUNTY OF HALL, NEBRASKA BY________________________________ _ Pamela Lancaster, Chairman Hall County Board of Supervisors ATTEST: _________________________ Marla Conley Hall County Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2013, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Pamela Lancaster and Marla Conley, to me known to be the Chairman of the Hall County Board of Supervisors and the Hall County Clerk, respectively, each signing the foregoing Public Right-of- Way and acknowledging the execution thereof to be their voluntary act and deed on behalf of the County of Hall, Nebraska. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public - 3 - Grand Island Council Session - 7/23/2013 Page 17 / 212 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R SURVEY RECORD Grand Island Council Session - 7/23/2013 Page 18 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-4 Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 19 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Public Hearing on Acquisition of Public Utility Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Item #’s:E-4, G-11 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. A public utility easement is needed in the North Interceptor Phase II, Part B project, which is on Capital Avenue from Webb Road to Broadwell Avenue to accommodate public utilities. The easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easement. Grand Island Council Session - 7/23/2013 Page 20 / 212 Discussion To allow for the accommodation of public utilities and pedestrian facilities it is requested that a twenty (20) foot utility easement be acquired by the City of Grand Island on the north side of Capital Avenue, east of Broadwell Avenue. This new easement will allow for the installation of public utilities. An appraisal and review appraisal were completed for this tract with an appraised value of $5,000.00. All documents have been signed and returned by the property owner. Authorization of the document and payment to the property owner of $5,000.00 is contingent upon City Council approval Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisition of the Easement, in the amount of $5,000.00. Sample Motion Move to approve the acquisition of the Easement. Grand Island Council Session - 7/23/2013 Page 21 / 212 PUBLIC PERMANENT EASEMENT THE COUNTY OF HALL, NEBRASKA, a political subdivision of the State of Nebraska, herein called the Grantor, in consideration of FIVE THOUSAND DOLLARS ($5,000.00) and other consideration, receipt of which is hereby acknowledged, hereby grants and conveys unto the CITY OF GRAND ISLAND, NEBRASKA, a municipal corporation in Hall County, State of Nebraska, herein called the Grantee, a permanent and perpetual easement to construct, operate, maintain, extend, repair, replace, and remove public roadway, pedestrian facilities, and utilities, including but not limited to, sanitary sewers, storm sewers, water mains, electric utility poles, overhead and underground power lines, manholes, pipelines, communication facilities, natural gas facilities, surface markers, and other appurtenances, upon, over, along, across, in, underneath and through a tract of land consisting of an unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 714.80 FEET; THENCE N00°09'22"W A DISTANCE OF 204.32 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE - 1 - • THIS SPACE RESERVED FOR REGISTER OF DEEDS • Grand Island Council Session - 7/23/2013 Page 22 / 212 AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11°20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11°05'44"E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS. together with the following rights, namely, unrestricted ingress and egress under, over, and across such land for the purpose of exercising the rights herein granted, to excavate and refill ditches and trenches, and the right to clear and keep clear of trees, roots, brush, hedges, undergrowth, and other obstructions from the surface of such tracts interfering with the location, construction, inspection, repair, replacement, removal, and maintenance of such utilities and public roadway and pedestrian facilities. Any such utilities and appurtenances placed upon, over, and under such tracts of land shall remain the property of the Grantee or Utility Provider and may be removed or replaced at any time. The Grantors, for themselves, their heirs, executors, administrators, successors, and assigns, hereby covenant that no buildings, fences, or structures shall be erected or permitted on said tract and that the easement herein granted shall run with the title to such tract of land and be binding upon the Grantors, their successors and assigns. REMARKS Grantor may construct, maintain, repair, and utilize for sprinkler improvements which will infringe upon the Permanent Easement. If Grantee, in its sole discretion, determines than any part or all of the improvement must be removed or is damaged by Grantee, and/or Grantee Parties, during the course of the employment or duties with Grantee, Grantee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Any damages to sprinklers as a result of the proposed utility and roadway improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. The brick memorials for the veterans memorial impacted by construction will be reconstructed in place or relocated along the proposed bike trail as approved by Hall County and United Veterans Club. Tree plantings to replace trees removed associated with proposed utility improvements will be completed by Hall County. No additional compensation than described above. Any damages to the United Veterans Club parking lot and driveways as a result of utility and roadway improvements in this area shall be reconstructed by the City. - 2 - Grand Island Council Session - 7/23/2013 Page 23 / 212 DATED: ________________, 2013 THE COUNTY OF HALL, NEBRASKA BY________________________________ _ Pamela Lancaster, Chairman Hall County Board of Supervisors ATTEST: _________________________ Marla Conley Hall County Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On this day of ________________, 2013, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Pamela Lancaster and Marla Conley, to me known to be the Chairman of the Hall County Board of Supervisors and the Hall County Clerk, respectively, each signing the foregoing Public Utilities Easement and acknowledging the execution thereof to be their voluntary act and deed on behalf of the County of Hall, Nebraska. WITNESS my hand and Notarial Seal the date above written. _______________________________________ Notary Public - 3 - Grand Island Council Session - 7/23/2013 Page 24 / 212 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R PERMANENT EASEMENT Grand Island Council Session - 7/23/2013 Page 25 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-5 Public Hearing on Dedication of Street Right-of-Way for the Capital Avenue - Webb Road to Broadwell Avenue Widening Project (Ashley Park - City of Grand Island) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 26 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Public Hearing on Dedication of Street Right-of-Way for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 and Capital Avenue – Webb Road to Broadwell Avenue Widening Project (Ashley Park - City of Grand Island) Item #’s:E-5, G-15 Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. The City of Grand Island is dedicating current park property as street right-of-way to accommodate a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue and for the North Interceptor Phase II Sanitary Sewer. Discussion To allow for the accommodation of public utilities and a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue it is required that current park property be dedicated by the City of Grand Island as street right-of-way. This area is on the east side of Broadwell Avenue, north side of Capital Avenue. 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 Grand Island Council Session - 7/23/2013 Page 27 / 212 Recommendation City Administration recommends that the Council conduct a Public Hearing and approved dedication of the street right-of-way. Sample Motion Move to conduct a Public Hearing and approve the dedication of the street right-of-way. Grand Island Council Session - 7/23/2013 Page 28 / 212 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R SURVEY RECORD Grand Island Council Session - 7/23/2013 Page 29 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item E-6 Public Hearing to Approve Authorization to Apply for Contract Extension for Disaster Recovery Grant-Lift Station # 7 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 30 / 212 Council Agenda Memo From:Marco Floreani, Community Development Meeting:July 23, 2013 Subject:Public Hearing to Approve Authorization to Apply for Contract Extension for Disaster Recovery Grant-Lift Station # 7 Item #’s:E-6, G-21 Presenter(s):Marco Floreani, Community Development Background In September 2009, the City of Grand Island was awarded a Disaster Recovery Grant (#08-DPI- 005) for $803,500, plus $40,175 in General Administration, for installation of a sanitary sewer interceptor and sewer main collection system upgrade to address an urgent community development need that occurred as a result of high ground water levels and flooding between May 22 and June 24, 2008. The project encompasses two southern areas of Grand Island to improve protection of homes from future sanitary sewer backups. Total project cost, including Administration, is projected at $1,003,675. Disaster Recovery Program funds are to be used only for activities related to disaster relief, long- term recovery, and restoration of infrastructure in areas covered by the Federal Emergency Management agency (FEMA) declaration of major disaster 1770-DR. Only damages occurring during the incident period from May 22, 2008 to June 24, 2008 are considered. Discussion The Nebraska Department of Economic Development awarded the City of Grand Island $150,616.00 in additional funds for Disaster Recovery Funding. The City of Grand Island, Nebraska, is an eligible unit of the Disaster Recovery Funding authorized to file a contract extension under the Community Development Block Grant Program. This contract extension will provide additional time to fund the necessary site improvements and complete the infrastructure in the Disaster Recovery Area. The contract extension will be until August 23, 2013. The original contract was to have ended July 28, 2013. Grand Island Council Session - 7/23/2013 Page 31 / 212 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve a resolution granting contract extension Disaster Recovery Grant Funds (Lift Station #7). 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 authorization to apply for a contract extension Disaster Recovery Grant Funds (Lift Station #7). Sample Motion Move to approve authorization to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Grand Island and the Nebraska Department of Economic Development so as to affect acceptance of the grant application #08-DPI-005, Disaster Recovery Grant. Grand Island Council Session - 7/23/2013 Page 32 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-1 Approving Minutes of July 8, 2013 City Council Joint Health Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 7/23/2013 Page 33 / 212 OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF JOINT HEALTH SPECIAL MEETING July 8, 2013 Pursuant to due call and notice thereof, a Special Joint Meeting of the City Council of the City of Grand Island, Nebraska, the Hall County Board of Supervisors, the Hamilton County Board of Commissioners, the Merrick County Board of Commissioners, and the Central District Health Department was conducted at the Grand Island Public Library, 211 North Washington Street, Grand Island, Nebraska on July 8, 2013. Notice of the meeting was given in the Grand Island Independent on July 2, 2013. Central District Health Department Board President Mike Bowman called the meeting to order at 6:00 p.m. The following Health Board members were present: Dan Purdy (Hall Co.), Mike Bowman (Merrick Co.), Steve Kunzman, Mary Ann Apfel, Shelly Graham (Hamilton County), Chuck Haase (Grand Island City Council), Dr. Richard Fruehling, Roger Wiegert (Merrick Co.), and Tim Bergen (Hamilton Co.). The following Hall County Supervisors were present: Daniel Purdy, Pamela Lancaster, Steve Schuppan, Gary Quandt, Bob McFarland and Hall County Clerk Marla Conley. The following Hamilton County Board of Commissioners were present: Tim Bergen and Shelly Graham. The following Merrick County Supervisors were present: Mike Bowman and Roger Wiegert. The following City Officials were present: Councilmembers Chuck Haase, Linna Dee Donaldson, Vaughn Minton, Mitch Nickerson, and City Clerk RaNae Edwards. Mayor Jay Vavricek was present at 6:20 p.m. Health Department employees: Executive Director Teresa Anderson, Assistant Director Ryan King, Jeremy Eschliman, Jeremy Collinson, Lucia Rodriguez and Cindy Valdez. Jeremy Collinson gave a basic overview of the Central District Health Department. There were twenty-six employees within 2 divisions. Teresa Anderson gave an overview of the 2013-2014 budget. Increased fees were discussed. $450,000 was built in to the budget in both the revenues and expenses for new opportunities. The following new programs were mentioned: Every Woman Matters, Healthy Lifestyles, Home Visitation, and Refugee. Grants would cover these new programs. Total FY2013-2014 budget was $3,251,995. Ms. Anderson answered questions regarding the Federal Health Care Plan. CDC funding had been cut which in turn trickled down to the State and Local Health Departments. Ryan King commented on the Community Resources offered at the Health Department such as Health Educator, Nutritionist, Registered Nurses, Registered Dietician, Peer Educators, Laboratory Scientist, Biology, Chemistry, Quality Assurance, Emergency Preparedness, and Support. Explained were the duties of the Environmental Health Division such as inspections of swimming pools, childcare facilities, commercial animal facilities, food establishments, tattoo/body piercing, recreational camps, garbage trucks, well/septic inspections, mobile home parks and clean indoor air inspections. Grand Island Council Session - 7/23/2013 Page 34 / 212 Page 2, City Council Special Meeting, July 9, 2012 Services provided by the Health Department were: West Nile Virus monitoring, mosquito control, indoor air quality, preparedness and response planning, and water testing laboratory. The Community Health Division included: disease surveillance, immunization, and WIC (Women, Infant & Children). Jeremy Collinson explained what swimmers itch was. Currently Mormon Island was the only place affected with this in the city. Testing procedures were explained. Discussion was held with regards to the number of birds at the lakes in and around Grand Island. Jeremy Eschliman explained the WIC program. This was a program for newborns to 5 years. Mentioned were Epidemiology and Immunizations programs. Discussion was held regarding shingle shots. Ms. Anderson stated the Health Department had submitted its budget to the City and County with the request to remain at $110,000 for FY 2013-2014. Hall County Supervisor Gary Quandt said he would recommend that the County reduce the money given to the Health Department for FY 2013-2014 by $30,000. Ms. Anderson explained what the funds were used for. No City position was remarked about aside from Councilmember Haase’s view while serving on the Central District Health Department Finance Committee. Ryan King answered questions regarding measuring the success of the programs. ADJOURNMENT: The meeting was adjourned at 7:25 p.m. Respectfully submitted, RaNae Edwards City Clerk Grand Island Council Session - 7/23/2013 Page 35 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-2 Approving Minutes of July 9, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 7/23/2013 Page 36 / 212 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING July 9, 2013 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 July 9, 2013. Notice of the meeting was given in The Grand Island Independent on July 3, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, John Gericke, Scott Dugan, Mike Paulick, and Vaughn Minton. Councilmember Peg Gilbert was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Finance Director Jaye Monter, and Public Works Director John Collins. INVOCATION was given by Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence Avenue followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Allie Richardson and Board member Maria Lopez. CONSENT AGENDA: Consent Agenda items G-4, G-7, G-8, and G-11 were removed for further discussion. Motion by Donaldson, second by Niemann to approve the Consent Agenda excluding items G-4, G-7, G-8, and G-11. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of June 21, 2013 City Council Special Meeting. Approving Minutes of June 25, 2013 City Council Regular Meeting. #2013-214 – Approving Bid Award for Stagecoach Detention Cell Improvement Project No. 2013-D-1 with Hooker Brothers Construction Co. of Grand Island, NE in an Amount of $112,544.70. #2013-215 – Approving Bid Award for Grand Generation Center Paving Project No. 2013-P-5 with The Diamond Engineering Company of Grand Island, NE in an Amount of $39,977.58. Public Works Director John Collins reported that one bid was received with the exception to the September 10, 2013 completion date. Due to the busy construction season The Diamond Engineering Co. based their bid on a May 1, 2014 completion date. Comments were made by Council regarding the importance of this project and the concern of the later completion date. Questioned was whether the Streets Department could do this work instead of contracting it out. Mr. Collins stated the Streets Department could do this project but other projects would have to wait. He stated this was a Building Department project and he would need a directive to move staff from streets to do a building project. Discussion was held concerning federal funding for projects and taking Public Work employees away from other jobs. Mr. Collins stated there were no federal funds for this project. A lengthy Grand Island Council Session - 7/23/2013 Page 37 / 212 Page 2, City Council Regular Meeting, July 9, 2013 discussion was held regarding the timeline the contractor could finish this project. Comments were made in favor of the Streets Department to complete this work in this construction season. Cost of the project was mentioned and which department would be responsible. Mr. Collins stated Public Works had been approved to pay for this project and it would be paid from the 2012/2013 budget. Motion by Nickerson, second by Haase to approve Resolution #2013-215. Upon roll call vote, all voted no. Motion failed. Motion by Gericke, second by Niemann to direct Public Works to complete the work for the Grand Generation Center Paving Project No. 2013-P-5. Upon roll call vote, all voted aye. Motion adopted. #2013-216 – Approving Bid Award for Fire Station No. 4 (3690 West State Street ) and No. 3 (2310 South Webb Road) Concrete Pavement Replacement – 2013 with The Diamond Engineering Company of Grand Island, NE in an Amount of $99,804.00. #2013-217 – Approving Resolution Directing Property Owner to Repair Sidewalk at 1141 Pleasant View Drive. #2013-218 – Approving Summerfield 8th Subdivision Paving Agreement with Little B’s Corporation. Mr. Collins reported that in association with the street paving for Summerfield Estates 8th Subdivision there were two City projects that could be completed; construction of a headwall for the drainage ditch and a connection to the state Street hike/bike trail. The Developer had agreed to complete these two projects jointly with the street paving, with reimbursement being made to the Developer by the City. Motion by Dugan, second by Haase to approve Resolution #2013-218. Upon roll call vote, all voted aye. Motion adopted. #2013-219 – Approving Agreement with IMS Infrastructure Management Services, LLC of Tempe, AZ for Pavement Management Services not-to-exceed $137,150.00. Mr. Collins reported that Pavement Management System was a set of tools and methods that assisted decision makers in finding optimum strategies for providing and maintaining pavements in an acceptable, serviceable condition over a given time period. This system would assist in making decisions to implement the right maintenance activities at the right times and would be less labor intensive and cost effective. Mentioned was the importance of technical data that would be collected for a cost saving to the City. Explained was the process of how this worked. Motion by Nickerson, second by Dugan to approve Resolution #2013-219. Upon roll call vote, all voted aye. Motion adopted. #2103-220 – Approving Change Orders Nos. 2 & 3 for Lift Station No. 7 Improvements Project No. 2011-S-1A for a decrease of $3,336.89 and a Revised Contract Amount of $484,793.34. Grand Island Council Session - 7/23/2013 Page 38 / 212 Page 3, City Council Regular Meeting, July 9, 2013 #2013-220 – Approving Certificate of Final Completion for Lift Station No. 7 Repairs – Project 2011-S-1 with Midland Contracting, Inc. of Kearney, NE. The meeting was turned over to Council President Niemann due to Mayor Vavricek having a conflict of interest on Resolution #2013-222. #2013-222 – Approving Advertising Contract with the Grand Island Independent. Human Resources Director Brenda Sutherland reported this was a renewal contract to cover advertising for all departments in the City. Advertising that falls under the heading of “legals” was handled separately as the rate was defined by State Statutes. Last year’s contract was for $30,000 which the City had exceeded. To take advantage of the best pricing possible, it was proposed to increase that amount to $40,000 for the current year. Explained was the rate structure. Discussion was held regarding the cost set by state statute. Managing volume of advertising was encouraged. Motion by Donaldson, second by Gericke to approve Resolution #2013-222. Upon roll call vote, Councilmembers Minton, Gericke, Nickerson, Donaldson, and Niemann voted aye. Councilmembers Paulick, Dugan, Hehnke, and Haase voted no. Motion failed. Since the Mayor had recused himself his vote could not be cast. #2013-223 – Approving Purchase of 2014 Smeal Fire Pumper Truck from Smeal Fire Apparatus of Snyder, NE in an Amount of $490,591.75. #2013-224 – Approving Bid Award for 2014 Complete Hook Lift Truck with Flatbed (Unit #1565) – Line Division from Hansen International Truck, Inc. of Grand Island, NE in an Amount of $110,096.00. #2013-225 – Approving Certificate of Final Completion for Water Main Project 2013-W-1 – Clark Street at the Union Pacific Railroad Tracks with Van Kirk Brothers Contracting of Sutton, NE. RESOLUTIONS: #2013-226 – Consideration of Approving Contract with Mid-Plains Power, LLC for Installation of the Grand Island Third and Wheeler Historical Lighting Improvements Project. Public Works Director John Collins reported that Federal-aid Transportation Enhancement (TE) funds were providing 80% funding for the construction of 21 Historical Street Lights near the Kaufmann Park at 3rd Street and Wheeler Avenue. 20% would be matched by the Downtown Business Improvement District. Motion by Minton, second by Gericke to approve Resolution #2013-226. Upon roll call vote, all voted aye. Motion adopted. #2013-227 – Consideration of Approving Contract for Utility Billing Customer Information System. Finance Director Jaye Monter reported that the current Utility billing system which included Electric, Water, Sewer and Backflow billing and collections was 33 years old. In September, 2012 Request for Proposals were issued for third party software in which twelve Grand Island Council Session - 7/23/2013 Page 39 / 212 Page 4, City Council Regular Meeting, July 9, 2013 proposals were received and reviewed. Staff recommended approval of the contract with N. Harris Computer Corporation in an amount of $932,500.00. Discussion was held regarding costs for support maintenance fees, hidden costs such as computer equipment, servicer and hardware. Ms. Monter stated less than $10,000 would be needed for hardware. Mentioned was that this was a 14 month project and money would come out of this year’s budget and next year’s budget. Motion by Haase, second by Dugan to approve Resolution #2013-227. Upon roll call vote, all voted aye. Motion adopted. #2013-228 – Consideration of Removal of City Attorney. Mayor Vavricek reported that on June 11, 2013 and June 25, 2013 Resolutions were approved by Council directing the removal of sign violations. Explained was City Code §2-30 terms of employment for the statutory positions and the authority of the Mayor with Council approval to terminate employment. Mayor Vavricek stated he and the City Administrator’s duties were to carry out direction of the City Council. The following people spoke: Bob Sivick, 1119 So. Eddy Street Marian Bahensky, 1021 6th Street, St. Paul, NE Lewis Kent, 624 Meves Avenue John Folsom, 1504 West 2nd Street Paul Wicht, 1708 Jerry Drive Steve Mossman, Attorney retained by Mayor Vavricek was also present. Motion by Dugan, second by Niemann to approve Resolution #2013-228. Discussion was held regarding Council’s request to seek a court order to remove signs and the City Attorney refusing to do that. Comments were made by Council that a policy had been set by Council and had not been carried out. Mentioned was that this was a management problem. Human Resources Director Brenda Sutherland explained the personnel rights of the five statutory positions. These positions were at-will positions and could be terminated by the Mayor with Council approval. City Administrator Mary Lou Brown stated she had met with Mr. Sivick three times since the June 27th meeting and that Mr. Sivick stated he would not go forward with filing the court documents. Motion by Nickerson, second by Haase to give Mr. Sivick 48 hours to file the paperwork with the Court regarding the signs. Upon roll call vote, Councilmembers Paulick, Gericke, Nickerson, Hehnke, and Haase voted aye. Councilmembers Minton, Dugan, Donaldson, and Niemann voted no. Mayor Vavricek voted no. Motion failed. Comments were made regarding the breakdown of the relationship between the Mayor, City Council, and City Attorney and that there were more issues than just the sign issue. Grand Island Council Session - 7/23/2013 Page 40 / 212 Page 5, City Council Regular Meeting, July 9, 2013 Motion by Donaldson, second by Dugan to go into Executive Session for the protection of the public interest or the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Mr. Sivick requested this matter be held in public. Upon roll call vote of the main motion, Councilmembers Minton, Dugan, Donaldson, and Niemann voted aye. Councilmembers Paulick, Gericke, Nickerson, Hehnke, and Haase voted no. Motion failed. PAYMENT OF CLAIMS: Motion by Dugan, second by Paulick to approve the Claims for the period of June 26, 2013 through July 9, 2013, for a total amount of $4,301,109.72. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Motion by Dugan, second by Niemann to adjourn to Executive Session at 10:03 p.m. for the purpose of a strategy session with respect to collective bargaining with the Fraternal Order of Police (FOP) Lodge No. 24. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Dugan, second by Paulick to return to Regular Session at 10:42 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 10:42 p.m. RaNae Edwards City Clerk Grand Island Council Session - 7/23/2013 Page 41 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-3 Approving Appointment of Justin Oseka and Re-appointments of Todd Enck, Marv Webb and Brad Kissler to the Building Code Advisory Board Mayor Vavricek has submitted the re-appointments of Todd Enck, Marv Webb and Brad Kissler and the appointment of Justin Oseka to the Building Code Advisory Board . Justin Oseka will replace Mike Wenzl who resigned. These appointments will become effective August 1, 2013 upon approval by the City Council and will expire on August 1, 2015. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 7/23/2013 Page 42 / 212 Grand Island Council Session - 7/23/2013 Page 43 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-4 #2013-229 - Approving Preliminary and Final Plat and Subdivision Agreement for Northview Ninth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 7/23/2013 Page 44 / 212 Council Agenda Memo From: Regional Planning Commission Meeting: July 23, 2013 Subject: Northview Ninth Subdivision – Preliminary and Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Idaho Ave and south of US Hwy 2, in the City of Grand Island, in Hall County, Nebraska. Consisting of (10 Lots) and 2.77 acres. Discussion The revised preliminary and final plat for Northview Ninth Subdivision was considered by the Regional Planning Commission at the July 10, 2013 meeting. A motion was made by Bredthauer and seconded by Reynolds to approve the plat as presented. A roll call vote was taken and the motion passed with 10 members present (McCarty, Snodgrass, O’Neill, Ruge, Connelly, Eriksen, Reynolds, Haskins, Amick and Bredthauer) voting in favor; no member present abstaining. 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 Grand Island Council Session - 7/23/2013 Page 45 / 212 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 7/23/2013 Page 46 / 212 Grand Island Council Session - 7/23/2013 Page 47 / 212 Northview Ninth Preliminary & Final Plat Developer/Owner P.O.G. LLC PO Box 28 Central City NE 68826 To create 10 Lots east of Idaho Ave and south of US Hwy 2, in the City of Grand Island, in Hall County, Nebraska. Size: 2.77 acres Zoning: R1 - Suburban Residential Road Access: City Roads Water Public: City water is available Sewer Public: City sewer is available Grand Island Council Session - 7/23/2013 Page 48 / 212 June 24, 2013 Dear Members of the Board: RE: Preliminary & Final Plat – Northview Ninth Subdivision For reasons of Section 19-923 Revised Statues of Nebraska, as amended, there is herewith submitted a preliminary and final plat of Northview Ninth Subdivision, located in the City of Grand Island, in Hall County Nebraska. This final plat proposes to create 10 lots on a tract of land in part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M. in the City of Grand Island Hall County, Nebraska, said tract containing 2.77 acres. You are hereby notified that the Regional Planning Commission will consider this final plat at the next meeting that will be held at 6:00 p.m. on July 10, 2013 in the Council Chambers located in Grand Island's City Hall. Sincerely, Chad Nabity, AICP Planning Director Cc: City Clerk City Attorney City Public Works City Building Department City Utilities Manager of Postal Operations Olsson Associates This letter was sent to the following School Districts 1R, 2, 3, 8, 12, 19, 82, 83, 100, 126. Grand Island Council Session - 7/23/2013 Page 49 / 212 Grand Island Council Session - 7/23/2013 Page 50 / 212 Grand Island Council Session - 7/23/2013 Page 51 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-229 WHEREAS, P.O.G. Inc., being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as NORTHVIEW NINTH SUBDIVISION, to be laid out into 10 lots, a tract of land in part of the East Half of the Northeast Quarter (E ½ NE ¼) of Section Two (2), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of NORTHVIEW NINTH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 52 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-5 #2013-230 - Approving Certificate of Final Completion for City Hall HVAC System Staff Contact: Craig Lewis Grand Island Council Session - 7/23/2013 Page 53 / 212 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:July 23, 2013 Subject:Request from Honeywell Building Solutions for Final Payment for Modifications to City Hall HVAC System Item #’s:G-5 Presenter(s):Craig Lewis, Building Department Director Background On July 24, 2012 the City Council approved a $105,624.52 bid award to Honeywell Building Solutions for modification to the heating and air conditioning system at City Hall located at 100 East 1st. The replacement controls and vent dampers have been installed, the project is now complete and Honeywell is requesting a signature on an acceptance letter for the work completed. Discussion The project for the replacement of control systems and variable air vents to control the air flow for the heating and air conditioning system at City Hall has been completed and functioning appropriately with some minor continued adjustments. Approval of a certificate of completion and the resolution prepared will bring the project to a close. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution. 2.Disapprove or /Deny the resolution. 3.Modify the resolution to meet the wishes of the Council 4.Table the issue Grand Island Council Session - 7/23/2013 Page 54 / 212 Recommendation City Administration recommends that the Council approve the resolution and certificate of completion. Sample Motion Move to approve the resolution and certificate of completion for the modifications to City Hall HVAC Systems. Grand Island Council Session - 7/23/2013 Page 55 / 212 Grand Island Council Session - 7/23/2013 Page 56 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-230 WHEREAS, the City Building Department Director for the City of Grand Island has verified that modifications to the City Hall HVAC system identified in the Building systems agreement between Honeywell Building Solutions and the City of Grand Island signed on July 26, 2012, has been completed; and WHEREAS, the City Building Department Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendation of the City Building Department 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 the Project Modifications to City Hall HVAC system is hereby confirmed. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 57 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-6 #2013-231 - Approving Acquisition of Utility Easement - Part of Lot 1, Block 2 Ponderosa Lake Estates 4th Subdivision - K.C. & Deborah Hehnke This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 7/23/2013 Page 58 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-231 WHEREAS, a public utility easement is required by the City of Grand Island, from K.C. and Deborah Hehnke, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines; and WHEREAS, a public hearing was held on July 23, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The northerly twenty (20.0) feet of Lot One (1) Block Two (2) Ponderosa Lake Estates Fourth Subdivision. The above-described easement and right-of-way containing 0.08 acres, more or less, as shown on the plat dated 2/15/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from K.C. and Deborah Hehnke, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. ______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 59 / 212 Grand Island Council Session - 7/23/2013 Page 60 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-7 #2013-232 - Approving Acquisition of Utility Easement - 807 West 4th Street - KERJAC, Inc. This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 7/23/2013 Page 61 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-232 WHEREAS, a public utility easement is required by the City of Grand Island, from KERJAC, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on July 23, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The southerly twenty (20.0) feet of the westerly twelve (12.0) feet of Lot Three (3); and the southerly twenty (20.0) feet of the easterly eight (8.0) feet of Lot Four (4), both of Block Eighteen (18), Rollins Addition to the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 400 square feet, more or less, as shown on the plat dated 7/10/2013, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from KERJAC, Inc., on the above- described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 62 / 212 Grand Island Council Session - 7/23/2013 Page 63 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-8 #2013-233 - Approving Revision of Connection Fees for Water Main District 398T - North Road between Potash and Stolley Park Road and Setting Board of Equalization Date for August 13, 2013 Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 7/23/2013 Page 64 / 212 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:July 23, 2013 Subject: Water Main District 398T –North Road between Potash Highway and Stolley Park Road Determining Revisions for Connection Fees Item #’s:G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 398T was completed in March, 1992 and provided for the installation of a 20” diameter water main in North Road between Potash Highway and Stolley Park Road. The water main provides municipal water service to the adjacent properties and was an integral part of general improvements to the water system. The work was done as a tap (connection fee) district. This is the standard method used by the City to recoup costs when water mains are installed along undeveloped lands, and the connection fees are due when a property “taps” the main for service. Connection fees were based on the cost of an 8-inch diameter main, the minimum size necessary to serve the potable needs of properties adjacent to the main. Due to the configuration and various sizes of the tracts of land within the district’s boundary, half of the fee was based on property right of way front footage and half on square footage for each tract. Discussion At the time of construction, two of the tracts of land within the district were owned by Green Line Equipment, Inc., being located at 3990 West Highway 30. The property consisting of Lot One (1) Westgate 4th Subdivision and an un-subdivided tract being part of the NW ¼ of the SW ¼, Section 24, Township 11 North, Range 10 West. Attached is a sketch showing the two parcels. During the time Green Line Equipment owned and occupied the property, they remained on their private well, and no connection fee was due. Grand Island Council Session - 7/23/2013 Page 65 / 212 The two parcels have recently been sold to Chief Industries, Inc. They have re-platted the area as Lots 1 – 4, Chief/Westgate Subdivision, and are in the process of redeveloping the area as indicated on the attached subdivision plat. This reconfiguration has three lots adjacent and one lot (Lot 4) not adjacent to the water line in North Road. Lot 4 will be served from the existing water main in Westgate Road, adjacent to the north side of Lot 4, which was installed as assessment District 420 in December, 1997, however, Lot 4 was not included in District 420 and will remain in District 398T. To provide equity in repayment of connection fees due from District 398T, it is recommended that the Council reconvene as a Board of Equalization for Lots 1 – 4, Chief/Westgate Subdivision. The original connection fees were computed on ½ square footage and ½ front footage for each tract of land. The square foot cost is $0.0315948 and the front foot cost is $8.7037317, as follows. Subdivision/Section Lot Square Footage Front Footage Square Foot Fee Front Foot Fee Total Fee Westgate 4th Subdivision 1 111,389.60 160.00 $3,528.81 $1,392.60 $4,921.41 Pt. of the NW ¼, SW ¼, Sec. 24-11-10 444,194.00 795.90 $14,034.22 $6,927.30 $20,961.52 TOTAL $25,882.93 It is recommended that the revised connection fee of $25,882.93 be divided among the four lots on a square foot basis. This computes to $0.0521667 per square foot and provides equity for the properties, as now re-subdivided and currently owned by Chief Industries. Subdivision/Section Lot Square Footage Total Fee Chief/Westgate Subdivision 1 69,941.03 $3,648.59 Chief/Westgate Subdivision 2 168,671.06 $8,799.02 Chief/Westgate Subdivision 3 136,916.92 $7,142.51 Chief/Westgate Subdivision 4 120,628.73 $6,292.81 TOTAL $25,882.93 The difference in the total square footage between the Green Line ownership and the Chief Industries ownership is due to additional right-of-way being dedicated for North Road with the platting of Chief/Westgate Subdivision. Grand Island Council Session - 7/23/2013 Page 66 / 212 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 reconvene as a Board of Equalization on August 13, 2013, for Lots 1, 2, 3, and 4, Chief/Westgate Subdivision (Water Main District 398T), and re-establish connection fees for those properties. Sample Motion Move to reconvene as a Board of Equalization on August 13, 2013 to re-establish connection fees for Lots 1, 2, 3, and 4, Chief/Westgate Subdivision in Water Main District 398T. Grand Island Council Session - 7/23/2013 Page 67 / 212 Grand Island Council Session - 7/23/2013 Page 68 / 212 Water Main District 398T Connection fees based on 1/2 SF + 1/2 FF 3/16/1992 Connection Fee per SQ Ft = $0.0315948 Connection Fee per FF = $8.7037317 Subdivision / Section Lot SQ FT FF SQ FT Fee FF Fee Total Conn. Fee $ Westgate 4th Subdivision 1 111,689.60 160.00 $3,528.81 $1,392.60 $4,921.41 Pt NW 1/4, SW 1/4, Sec. 24‐11‐10 444,194.00 795.90 $14,034.22 $6,927.30 $20,961.52 555,883.60 * $25,882.93 *************************************************************************************************** Connection recalculated per re‐subdivided lots: SQ FT Total Conn. Fee $ Chief / Westgate Subdivision 1 69,941.03 $3,648.59 Chief / Westgate Subdivision 2 168,671.06 $8,799.02 Chief / Westgate Subdivision 3 136,916.92 $7,142.51 Chief / Westgate Subdivision 4 120,628.73 $6,292.81 496,157.74 * $25,882.93 Connection fee per SQ FT = $0.0521667 *Difference in square footage due to additional r‐o‐w being dedicated for North Road as indicated on plat of Chief/Westgate Subdivision. Grand Island Council Session - 7/23/2013 Page 69 / 212 IIlIIIIIII I IIII1I I II s NORTHWEST NW CORNERlSECTION24TWINRTOW WESTGATE ROADN88731613A r4000M 4700041 Yi 1 tl1 gggV z z 1 I SET REFERENCE MONUMENT 4 SOUTH OF TRUE LOCATION 883116E 399841 POB WEST QUARTER Wt4 CORNERSECTION24T11NRIW 40 RIGHTOFWAY TO BE DEDICATED WITH THIS PLAT LOT 21687E3SSF387ACRES PN884719E 17438141 OOLSSON SET REFERENCE MONUMENT 4 EAST OF TRUE LOCATIONCALCULATEDPOINTFALLSONTELEPHONEMANHOLE N884719E 3207241 LOT 16161ACsFRE161ACRES 1t SET SURVEY MARKERwAS874WASHER 4982M SOUTHWEST SW CORNERSECTION24TUNR1OW N8847 LOT3 13891892SF314ACRES 201ea112a Steel P08021022GaudWaneHe680021022let3002808110 AS SOCIATIS FAX2001610262 20 UTILITY EASEMENT CITY 0 GTOBEDEDICATED t HALL COUNTY NEBRASKA 20TH THIS PLAT 19E86782M 06779P FINAL PLAT P R 20 UTILITY EASEMENT ITO BE DEDICATED IWITHTHISPLATI Geer GeenllneSiteSurvey 11616419S884719W IWB LEGENQ SECTION CORNER p CORNER FOUND 12 PIPE SET CORNER 583324 REBARJHURTLS674CARUNLESSOTHERWISENOTED CALCULATED POINT MEASURED DISTANCE PLATTED DISTANCEWESTGATE4THSUB RECORDED DISTANCELAST20110887711282011 SECTION LINE PROPERTY UNE SURVEY BOUNDARY UNE PROPOSED EASEMENT UNE CHIERAND ISLAND SUBDIVISION 18192M lb71 T 560319R20000MP12114Tr1088C8N861406E CL2113M2073P 1 1 20 UTIUTY EASEMENTTOBEDEDICATED 1WWTHTHISPLAT LOT412082837SF277ACRES 42 P ckt 0 40 80 180 SCALE IN FEET LOT2 VVESTOATE FOURRHSUB NOTA PARR 80 SECTION CORNER TIES ACKNOWLEDGMENTNORTHWESTNWCORNERSECTION24T11NRIOWFOUNDALUMINUMCAPINASPHALTNW4580TOMAONAILWASHERINTOPOFFENCEPOST SW 5388 TO MAO NAIL WASHER IN GUY POLE SSW 6957 TO TOP NUT OF FORE HYDRANNE5178TOMAONAILWASHERNPOWER POLE WEST QUARTER WI4 CORNER SECTION 24TUNRIOWFOUNDALUMINUMCAPINASPHALTE3998TOFOUND12IRONPIPE W 3282 TO TOP NUT ON FIRE HYDRANTW3996TOFOUND12IRONPIPEWMASTOCCAP E 3408 TO RED HEAD IN TOP Of W000 POST W 4031 T MAC N IN POST FOUND ALUMINUM CAP IN TASPHALL0 LIMN NW 4990 TO RED HEAD IN W000 POST W 908TO CENTER OF MANHOLE COVER NE 5168 TO RED HEAD IN POWER POLE WNW 10738 TO RED HEAD IN POWER POLE OWNERS CHIEF INDUSTRIES INCADELAWARECORPORATION SUBORDER CHIEF INDUSTRIES INC A DELAWARE CORPORATIONSURVEYOROLSSONASSOCIATES ENGINEER OLSSON ASSOCIATESNUMBEROFLOTS4 IEGAI DFSCRIPTIONAREPEATOFALLOFLOT 1 WESTGATE FOURTH SUBOINSION N THE CITY OF GRANO ISLAND AND PART OF THE SOUNDEST 9UMTIR514OFSECTIONTWENTYFOUR24TOWNSHIPELEVEN11NORTHRANGETEN10WESTOFTHE620PMALLNNAILCOLN10COMMENCINGATTHEWESTQUARTER764CORNEROFSAIDSECTION24TUNRIOWSAIDPOINTALSOBCONOTHEPOINTOFICONNICETHENCEONANASSUMEDBEARINGOFN883118EADISTANCEOF3998FEETTOAPONTONTHECASTRIGHTOFWAYNOWINKOFNORTHROADPOINTALSOBENGTHESOUTHWESTCORNEROFLOTIWESTGATEOATHBUBDINSIONi11101CCN01O141WALONGSAIDEASTROWUNESAIDUNEALSOBONGTHENESTLINEOFSAIDLOT1ADISTANCEOf18980FEETTOAPOINTBENO1NCN11IIS0110NOFSADEASTROWUNEANDTHESOUTHROWUNEOFWESTGATEROADTHENCEN884119EAL0N0SAIDSOUTHRONL1KAIDUNEALSOBEINGTHENORTHUNEOFSADLOTIADISTANCEOf85782FEETTOAPOINTOFCURVATURE1HLINCEMOUNDACLAWNACOUNTERCLOCKWISEDIRECTIONALONGSAIDSOUTHROWUNEANOSAIDNORTHLINEOFLOT1HANNOADELTAAMOREOFOOIYHAVINGAWARMSOF20000FEETMDACHORDBEARINGOFN881408EACHORDDISTANCEOF2113FRETTOAPONTBONOTHENORTHEASTCORNEROFSAOLOTIANDTHENORTHWESTCORNEROFLOT2OFSAIDWESTGATEFOURTHSUBO1NSIONMUM144WITEALONGTHEEASTUNEOFSAOLOT1ANDTHENESTUNEOFSAOLOT2ADISTANCEOF18070FUTTOAPOINTEUNOMIIOU1HEA3YCORNEROFSAIDLOT1THENCES144320EMONONNEWESTUNEOFSAWLOT2ADISTANCEOF19024FEETTOAPONTOFCURVATURESAIDPONTALSOBEINGONTHENORTHERLYROWUNEOfHIGHWAY30THENCEMONOACORKNACOIN118CLOCKWISEDIRECTIONALONGSAIDNORTHERLYROWUNEHAVINGADELTAANGLEOf191745HOMOARADIUSOF2834141TUTMDCHORDREMINDOF5451168WACHORDDISTANCEOF98370FEETTHENCEN5478O6WADISTANCEOF11A28FEETTOAPONTON111EWESTONEOFTHESOUTHWESTQUARTERSW4XTHENCENOTOY42WALONGSAIDWESTUNEADISTANCECF79822TESTTO111EPONTOfBEONNINGSAIDTRACTCONTAINSACALCULATEDAREOF52844503SQUAREFEETOR1213ACRESMOREOR1058OF1WIC4014ACRESARENEWDEDICATEDROADRIGHTOFWAY SURVEYORSCERTIFICATE IHEREBY CERTIFY THAT ON 4ENTR 5 2013 ICOMPLETED AN ACCURATE SURVEY UNDER MY PERSONAL S IVCR1NOFAREPEATOfALLOfLOT41WESTGATEFOURTHSU80INSIONINTHECITYOf51ISLANDMDPMTOf111ESOUMWIOTWARM SWI4 OF SECTION TWENTYFOUR 24 TOWNSHIP ELEVEN 11 NORTH R 7 NEST Of THE CM PMALL N NAIL COUNTYNEBRASKAASSHOWNONTHEACCOMPANYINGPLATTHEREOFTHATIRONyliY1ORALINDICATEDVCREPOUNDATALLCORNERSTHATTHEDIMENSIONSAREASSHOWNONTIEPUTANDINjtATELATHHDPIRINCTTO1040201AND RECORDED MONUMENTS M z 7Ivvr JESSE HURT REGISTERED LAND SURVEYOR NUMBER LS674 DEDICATION OF PLAT KNOW ALL MEN BY THESE PRESENTS THAT CHIEF INDUSTRIES INC A DELAWARE CORPORATION BEANO THE ONUS OF 114 LAND OESCINICDHEREONHAVECAUSEDSAMETOBESURVEYEDSUBDIVIDEDPLATTEDANDDESIGNATEDASCRIIIDISIOIFISVIDOPIIMMANOLAOFALLOFLOT1WESTGATEFOURTHSUBDIVISIONINTHECITYOfGRANOISUNOANOPARTOFTHESOUNDESTONAR1IMSW14CPSECTIONTWENTYFOUR24TOWNSHIPELEVENIINORTHRANCETEN10WESTOfTHE620PMAUNHAILCOUNTYNKRA11ASSHOWNONTHEACCOMPANYINGPLATTHEREOFANDDOHEREBYDEDICATETHEEASEMENTSASSHOWNBRROTOTHENAMANNORUSEFOREVERPMTHELOCATIONCONSTRUCTIONANDMAINTENANCENORPUBLICSEANCEUBUTIESTOGETHER20114THEN0413INMOMSANDEGRESSTHERETOANDHEREBYPROHIBITINGTHEPLANTINGOPTREESBUSHESMDSHRUBSORPLACING011KR053120101IONS1004OVERALONGORUNDERNEATHTHESURFACEOFSUCHEASEMENTSANDTHATTHEFOREGOINOSUBDIVISIONASM8REPM1101NMLYDESCRIBEDINTHEDESCRIPTORHEREONASAPPEARSONTHISPUTISMADEWWITHEFREECONSENTANOINACCMOANCE201NTHEDESIRESOFTHEUNDERSIGNEDOWNERSMOPROPRIETORS6111rNESTWHEAFFIXEDMYSIGNATUREHERETOATluNEBRASKAINKSBAYOfA2413 s1riJl 1 LfsQAS I1rCill44 10PR2N 044k46 DAVE OSTDIEK DICE PRESIDENTCHIEF FINANCIAL OFFICERCHIEFINDUSTRIESINCADELAWARECCRPORATON TAfYAIBEKYA MVO8 ON THIS 512 DAY OF SiAE 2013 BEFORE ME 11WdA1446Ad A NOTARY P00120981984 MD TNSTUD COUNTY PERSONALLY APPEARED DAVE COMM VICE PRESIDENTCHIEF FINANCIAL OFFICER CHIEF INDUSTRIES INC A OCLAWMECORPORATIONTOMEPERSONALLYKNOWNTOBETHEIDENTICALPERSONSWHOSESIGNATURESAREMF1MDHERETO1110A001011UOOLDTHEEXECUTIONTHEREOFTOBEHEIRVfyYNTIRYACTANDDEEDNARCMEREOFIHAWHEREUNTO91BSd68E0MYNAMEMD AFFIXED MY OFFICIAL SEAL ATSIFPAA DIM NEBRASKA 014 ME DATE LAST ABOVE INTIM MY COMMISSION EXPIRES Fib21 toll 1042163e12 g 1NOTARYPUBUc APPROVAL SUBMITTED TO AND APPROVED BY THE REGIONAL PLANNING MI15510N N5510NOFHALLCOUNTYCITIESOfGRAANO WOOD NNNL AND 120EAIDACARDApoOONIPHANNEBRASKSaGL gMAN DA APPROVED AND ACCEPTED BY THE CITY OF GRAND ISLAND NEBRASKA TA 017 CLERK il03 STATE OF NFTRAS 12COUNTYOFHALL55 Ti N 11 PEI 3 93 rL 1 e 1HALLCOillGL2Eos Grand Island Council Session - 7/23/2013 Page 70 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-233 WHEREAS, Water Main District 398T was completed in March 1992 and provided for the installation of a 20” diameter water main in North Road between Potash Highway and Stolley Park Road; and WHEREAS, the work was done as a tap (connection fee) district, the standard method used by the City to recoup costs when water mains are installed along undeveloped lands; and WHEREAS, at the time of construction, two of the tracts of land within the district were owned by Green Line Equipment, Inc.; the property consisting of Lot One (1) Westgate 4th Subdivision and an un-subdivided tract being part of the NW ¼ of the SW ¼, Section 24, Township 11 North, Range 10 West; and WHEREAS, the two parcels have recently been sold to Chief Industries, Inc., and they have re-platted the area as Lots 1 – 4, Chief/Westgate Subdivision, and are in the process of redeveloping the area; and WHEREAS, to provide equity in repayment of connection fees due from Water Main District 398T, it is recommended that the Council reconvene as a Board of Equalization for Lots 1 – 4, Chief/Westgate Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council will sit as a Board of Equalization on August 13, 2013, to re-establish connection fees for Water Main District No. 398T. ---- Adopted by the City Council of the City of Grand Island, Nebraska, on July 23, 2013. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Approved as to Form ¤ ___________ July 17, 2013 ¤ City Attorney Grand Island Council Session - 7/23/2013 Page 71 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-9 #2013-234 - Approving Southwest Power Pool (SPP) Confidentiality Agreement Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 7/23/2013 Page 72 / 212 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:July 23, 2013 Subject:Southwest Power Pool Confidentiality Agreement Item #’s:G-9 Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Department maintains a 115,000 volt transmission loop including distribution substations and several transmission connections with the regional grid. The regional grid is part of a much larger area operated by the Southwest Power Pool (SPP) based in Little Rock, Arkansas. Grand Island has recently become a customer of SPP and continues to become more involved with SPP as markets change. Discussion In a post-911 world, security of sensitive documentation has become increasingly more important. Customers of SPP share sensitive information with other utilities for transmission planning purposes. This information is known to SPP as Critical Energy Infrastructure Information (CEII). In an effort to maintain the security of this information, SPP is requiring a Non-Disclosure Agreement to be signed by all participating utilities. A copy of the Confidential Agreement will be furnished to Council under separate cover. Alternatives It appears that the Council that the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Grand Island Council Session - 7/23/2013 Page 73 / 212 Recommendation City Administration recommends the SPP Confidentiality Agreement be approved and signed to allow access to SPP transmission related material. Sample Motion Move to approve the SPP Confidentiality Agreement to allow access to SPP transmission related material. Grand Island Council Session - 7/23/2013 Page 74 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-234 WHEREAS, electric generation plants are connected to a national electric transmission grid for the distribution of electricity to users; and WHEREAS, the regional grid that Grand Island is located in is the Southwest Power Pool (SPP), and security of sensitive documentation has become increasingly important in a post 9-11 world; and WHEREAS, customers of SPP share sensitive information with other utilities for transmission planning purposes, known as Critical Energy Infrastructure Information (CEII) ; and WHEREAS, in an effort to maintain the security of this information, SPP is requiring a Non-Disclosure Agreement to be signed by all participating utilities; 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 Southwest Power Pool Confidentiality Agreement 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, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 75 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-10 #2013-236 - Approving Acquisition of Public Utility Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 76 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-236 WHEREAS, a public utility easement is required by the City of Grand Island, from Hall County for the North Interceptor Phase II, Part B; Project No. 2013-S-4, Hall County, Nebraska and more particularly described as follows: A tract of land consisting of an unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 714.80 FEET; THENCE N00°09'22"W A DISTANCE OF 204.32 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11°20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11°05'44"E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS. WHEREAS, an Agreement for the public utility easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public utility easement on the above described tract of land, in the amount of $5,000.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Grand Island Council Session - 7/23/2013 Page 77 / 212 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 78 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-11 #2013-235 - Approving Acquisition of Public Right-of-Way for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 79 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-235 WHEREAS, public right-of-way is required by the City of Grand Island, from Hall County, for the North Interceptor Phase II, Part B; Project No. 2013-S-4, Hall County, Nebraska: A tract of land consisting of an unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE N89°50'38"E A DISTANCE OF 724.16 FEET; THENCE N42°48'34"E A DISTANCE OF 41.03 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 02°44'27", A ARC LENGTH OF 47.92 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S04°03'24"E FOR A DISTANCE OF 47.91 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S44°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 34.26 FEET; THENCE S89°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 730.67 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31,872 SQUARE FEET OR 0.73 ACRES MORE OR LESS. WHEREAS, an Agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the acquisition of public right-of-way on the above described tract of land, in the amount of $32,000.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Grand Island Council Session - 7/23/2013 Page 80 / 212 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 81 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-12 #2013-237 - Approving Temporary Construction Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 82 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Approving Temporary Construction Easement for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (Hall County) Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) A Temporary Construction easement from Hall County is necessary for Phase II, Part B of this project to be completed, which must be approved by City Council. A sketch is attached to show the temporary construction easement area. Grand Island Council Session - 7/23/2013 Page 83 / 212 Discussion A temporary construction easement is needed from one property owner for Phase II, Part B to be constructed. An appraisal and review appraisal were completed for this tract with an appraised value of $2,000.00. All documents have been signed and returned by the property owner. Authorization of the document and payment to the property owner of $2,000.00 is contingent upon City Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easement Agreement between the City of Grand Island, Public Works Department and the affected property owner for North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4, in the amount of $2,000.00. Sample Motion Move to approve the temporary construction easement. Grand Island Council Session - 7/23/2013 Page 84 / 212 AGREEMENT FOR TEMPORARY CONSTRUCTION OCCUPANCY Agreement made and entered into by and between the CITY OF GRAND ISLAND, a municipal corporation of the State of Nebraska, herein referred to as “City”, and THE COUNTY OF HALL, NEBRASKA, a political subdivision of the State of Nebraska, herein referred to as “Owner”, whether one or more. Recitals WHEREAS, the City intends to construct sanitary sewer within the boundaries of the North Interceptor Sanitary Sewer Project Phase 2 from Sky Park Road to Diers Avenue along Capital Avenue, on or adjacent to property owned by Owner; and WHEREAS, it may be necessary for the City, its officers, agents, employees, contractors, subcontractors, and authorized representatives to temporarily enter upon, travel over, excavate, clear, backfill, store materials upon, and otherwise use the lands herein described which are owned by Owner during the aforementioned construction project. NOW, THEREFORE, in consideration of the mutual promises and covenants contained within this agreement, the parties agree as follows: Section One Right of Entry Owner hereby grants to the City, its officers, agents, employees, contractors, subcontractors, and authorized representatives the right to enter upon the following described real estate consisting of an unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall Ccunty, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 695.03 FEET; THENCE N00°09'22"W A DISTANCE OF 244.37 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 03°37'16", A ARC LENGTH OF 63.31 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S18°34'28"E FOR A DISTANCE OF 63.30 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND A WESTERLY LINE OF A PROPOSED PERMANENT EASEMENT; THENCE S00°09'22"E ALONG SAID WESTERLY LINE A DISTANCE OF 204.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50'38"W ALONG A NORTHERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 714.80 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 18,607 SQUARE FEET OR 0.43 ACRES MORE OR LESS. to do such work as may be necessary or appropriate for the construction of North Interceptor Sanitary Sewer Project from Sky Park Road to Diers Avenue along Capital Avenue and related facilities adjacent to such property. Such right of entry shall include, but not be limited to the right to enter upon, travel over, excavate, clear fences, drives, irrigation lines and other improvements, backfill, store materials upon, and otherwise use the above described premises. Grand Island Council Session - 7/23/2013 Page 85 / 212 Section Two Term of Agreement The premises may be occupied and used by the City for the purposes related hereto during the period beginning the date construction work starts on North Interceptor, Phase 2 Project and continuing until the construction work is completed. Section Three Exclusions The following improvements and or landscaping shall not be disturbed and shall be protected from damage: The memorial wall located in the southeast corner of the property shall be protected by the Contractor. Section Four Valuation of Improvement The parties hereby agree that the improvements located on the above described premises are limited to the following items having values as shown: Item Value Use of Temporary Construction Area $2,000.00 Section Five Compensation The City hereby agrees to pay to Owner the full value as shown for any item destroyed by the City during the term of this agreement. In the event an item is damaged but not destroyed and the parties are unable to agree as to the amount of such damage, the City shall have the option to either pay Owner the full value of the item or items in dispute as shown or submit the issue of damages on the disputed item or items to a board of appraisers appointed under an action in condemnation. In the event the City shall elect to have the damages determined under an action in condemnation, then the City hereby agrees to pay to Owner the amount as finally determined in such action and appeals. The Owner hereby agrees to accept full payment for damages arising from the use of the aforesaid property by City the amount paid by the City in accordance with this agreement. Section Six Remarks The City shall restore the premises to grade prior to the termination of this agreement. Any damages to sprinklers as a result of the proposed utility improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. The brick memorials for the veterans memorial impacted by construction will be reconstructed in place or relocated along the proposed bike trail as approved by Hall County and United Veterans Club. Tree plantings to replace trees removed associated with proposed utility improvements will be completed by Hall County. No additional compensation than described above. Ceder tress in the southeast corner of the property on the perimeter of the Veteran’s Memorial will be removed. Any damages to the United Veterans Club parking lot and driveways as a result of utility and roadway improvements in this area shall be reconstructed by the City. Grand Island Council Session - 7/23/2013 Page 86 / 212 Section Seven Assignment It is understood that the rights of the owner do not automatically transfer upon sale or lease of the property. The City agrees to permit assignment of the rights and obligations of Owner to a subsequent buyer or tenant, provided Owner obtains the City’s prior written consent which City shall not unreasonably withhold. DATED: ________________, 2013 THE COUNTY OF HALL, NEBRASKA BY_________________________________ Pamela Lancaster, Chairman Hall County Board of Supervisors ATTEST: _________________________ Marla Conley Hall County Clerk CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By Jay Vavricek, Mayor Dated Grand Island Council Session - 7/23/2013 Page 87 / 212 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R TEMPORARY EASEMENT Grand Island Council Session - 7/23/2013 Page 88 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-237 WHEREAS, a temporary construction easement is required by the City of Grand Island, from Hall County, in the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 project area: An unplatted tract of land as described in Deed Book 159, Page 133, Hall County Register of Deeds, located in the Southeast Quarter (SE1/4) of Section 5, Township 11 North, Range 9 West of the 6th p.m., City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 695.03 FEET; THENCE N00°09'22"W A DISTANCE OF 244.37 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 03°37'16", A ARC LENGTH OF 63.31 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S18°34'28"E FOR A DISTANCE OF 63.30 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND A WESTERLY LINE OF A PROPOSED PERMANENT EASEMENT; THENCE S00°09'22"E ALONG SAID WESTERLY LINE A DISTANCE OF 204.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50'38"W ALONG A NORTHERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 714.80 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 18,607 SQUARE FEET OR 0.43 ACRES MORE OR LESS. WHEREAS, an Agreement for the Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the Temporary Construction easement on the above described tract of land, in the amount of $2,000.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Grand Island Council Session - 7/23/2013 Page 89 / 212 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 90 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-13 #2013-238 - Approving Bid Award for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 91 / 212 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:July 23, 2013 Subject:Approving Bid Award for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013- PL-1 Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background On July 11, 2013 the Engineering Division of the Public Works Department advertised for bids for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1. There were 4 (four) potential bidders for the project. This project will address pavement in the Chamber Lot (north side of Second Street, east side of Walnut Street); Nathan Lot (south side of South Front Street, east side of Pine Street); and the Dodge Lot (between First Street and Division Street, from Walnut Street to Wheeler Avenue). Discussion One (1) bid was received and opened on July 17, 2013. The bid was submitted in compliance with the contract, plans, and specifications. A summary of the bid is shown below. Bidder Exceptions Bid J.I.L. Asphalt Paving Co. of Grand Island, NE None $30,844.00 The unit prices in the Engineer’s Estimate for the items “Asphalt Pavement Removal for Patching, Partial Depth” and “Asphalt Pavement Removal for Patching, Full Depth” were based on unit prices from work performed in 2012 on repair areas from a single lot. The work under the 2013-PL-1 contract has more numerous, smaller, and irregular shaped repair areas, resulting in losses in productivity. Also, the work under the 2013-PL-1 Grand Island Council Session - 7/23/2013 Page 92 / 212 contract will occur in three lots and has comparatively higher traffic control and mobilization costs. A recent increase in construction activity nationally is considered as another cause for bid prices being higher than anticipated. The work under the 2013-PL-1 contract consists of repair of potholes that are currently a hazard for motorists and pedestrians. If the planned repair work is delayed, more severe pavement damage and greater repair costs are likely to occur. It is unlikely that re- advertising the project will result in lower bids; therefore Public Works Administration recommends that the contract be awarded to the sole bidder. There are sufficient funds in Account No. 27010001-85213 to fund this project. 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 awarding a contract to J.I.L. Asphalt Paving Co. of Grand Island, Nebraska in the amount of $30,844.00 for the Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1. Sample Motion Motion to approve the bid award. Grand Island Council Session - 7/23/2013 Page 93 / 212 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:July 17, 2013 at 2:00 p.m. FOR:Downtown Parking Lot Pavement Patching & Crack Repair Project No. 2013-PL-1 DEPARTMENT:Public Works ESTIMATE:$23,800.00 FUND/ACCOUNT:27010001-85213 PUBLICATION DATE:July 11, 2013 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:J.I.L. Asphalt Paving Co. Grand Island, NE Bid Security:Granite RE, Inc. Exceptions:None Bid Price:$30,844.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Terry Brown, PW Engineer P1662 Grand Island Council Session - 7/23/2013 Page 94 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-238 WHEREAS, the City of Grand Island invited sealed bids for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on July 17, 2013 bids were received, opened, and reviewed; and WHEREAS, J.I.L. Asphalt Paving Co. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $30,844.00; and WHEREAS, funds are available in the Fiscal Year 2012/2013 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of J.I.L. Asphalt Paving Co. of Grand Island, Nebraska in the amount of $30,844.00 for Downtown Parking Lot Pavement Patching & Crack Repair; Project No. 2013-PL-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 95 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-14 #2013-239 - Approving Use of Land Owned by the City of Grand Island for Facilities to be Constructed on the Capital Avenue- Webb Road to Broadwell Avenue Widening Project and North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 96 / 212 Council Agenda Memo From:Scott Griepenstroh, Project Manager Meeting:July 23, 2013 Subject:Approving Use of Land Owned by the City of Grand Island for Facilities to be Constructed on the Capital Avenue - Webb Road to Broadwell Avenue Project and North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 Item #’s:G-14 Presenter(s):John Collins, Public Works Director Background The City and the Nebraska Department of Roads (NDOR) entered into an agreement, which was executed by the City on May 24, 2011 by Resolution No. 2011-124, which specified various duties and funding responsibilities for the Capital Avenue – Webb Road to Broadwell Avenue project. The agreement required that NDOR Standards and Specifications are to be used for design, construction inspection and quality control. This project will consist of removal of the existing 24 foot wide asphalt roadway and construction of new concrete pavement on Capital Avenue from Webb Road through Broadwell Avenue. The new roadway will consist of five lane curbed concrete pavement. Other improvements include construction of sidewalks and a concrete hike/bike trail, updated street lighting, and construction of new storm sewer. A pedestrian signal will be constructed approximately 1000 feet east of Webb Road to provide for safe crossing for users of the hike/bike trail. The project requires relocation of the overhead electric transmission line on the north side of Capital Avenue. Acquisition of right-of-way and a utility easement is required. This project will be coordinated with new sanitary sewer to be constructed under the North Interceptor project. This area will be utilized by the sanitary sewer also. Discussion As per guidance from the Nebraska Department of Roads, a critical component of any federal aid public transportation project is the land rights needed to facilitate the construction, operation and maintenance of the project in accordance with Federal Highway Administration 23 Code of Federal Regulations 1.23(a), which states “Interest Grand Island Council Session - 7/23/2013 Page 97 / 212 to be acquired. The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation, and maintenance of a project.” These rights ensure that the facility that is developed with Federal Transportation funds has a legal right to exist and cannot be displaced by a competing land use, and a return on the investment will be realized. Property that is currently owned by the City of Grand Island that was initially purchased for a purpose other than for pedestrian, drainage and utility facilities cannot be readily used for this project, without execution of the Declaration of Use document. The purpose or use consistent with the requirements of the project need to be established and of record by execution of a “Declaration as to Use” resolution. The duration the declaration is to be in effect is a minimum of 25 years from completion of construction. Once approved, a copy of the “Declaration as to Use” resolution must be placed on file at the Register of Deeds office. Approval of Environmental Documents was received on April 22, 2013. Completion of design and approval for utility relocation is scheduled to occur this fall. Relocation of utilities is planned to occur in 2014. Roadway construction is planned to occur in 2015. 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 use of a portion of land owned by the City of Grand Island for facilities to be constructed on the Capital Avenue - Webb Road to Broadwell Avenue Project. Sample Motion Move to approve the agreement. Grand Island Council Session - 7/23/2013 Page 98 / 212 CAPITAL AVENUEBROADWELL AVENUE EXHIBIT 'A'DECLARATION OF USE AREAGrand IslandCouncil Session - 7/23/2013Page 99 / 212 CAPITAL AVENUEWHEELER AVENUEEXHIBIT 'A'DECLARATION OF USE AREAGrand IslandCouncil Session - 7/23/2013Page 100 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney GRAND ISLAND, NEBRASKA RESOLUTION NO. 2013-239 DECLARATION AS TO USE WHEREAS; the City of Grand Island is the owner of a portion of the Southwest Quarter of Section 4 , Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, and WHEREAS; said portion of the Southwest Quarter of Section 4 , Township 11 North , Range 9 West of the Sixth Principal Meridian, Hall County, Nebraska, is now being occupied by the pedestrian facilities, drainage facilities, and utility facilities , and WHEREAS; The City of Grand Island hereby wishes to construct, operate, and maintain pedestrian facilities, drainage facilities, and utility facilities across a portion of said property, and WHEREAS; The pedestrian facilities, drainage facilities, and utility facilities are to be constructed as part of Nebraska Department of Roads project URB-5436(5) , Control Number 42707 , and identified as Capital Avenue Paving Improvements , and WHEREAS; To comply with Federal Highway Administration 23 CFR 1.23(a) – “Interest to be acquired – The State shall acquire rights-of-way of such nature and extent as are adequate for the construction, operation, and maintenance of a project”; It is necessary for the City of Grand Island to declare that a portion of said property shall be used for the construction, operation, and maintenance of pedestrian facilities, drainage facilities, and utility facilities for a period of no less than twenty five years from the completion of its construction, and NOW THEREFORE, BE IT RESOLVED; that the Mayor and City Council of the City of Grand Island , Nebraska, hereby approves the use of a portion of said land owned by the City of Grand Island for the construction, operation, and maintenance of pedestrian facilities, drainage facilities, and utility facilities as shown on attached Exhibit “A”, and as aligned in project plans and specifications for Nebraska Department of Roads project URB-5436(5) , Control Number 42707 , and identified as Capital Avenue Paving Improvements , for a period of no less than twenty five years from the completion of its construction. Passed and approved this 23 day of July, 2013. Grand Island Council Session - 7/23/2013 Page 101 / 212 Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 102 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-15 #2013-240 - Approving Dedication of Street Right-of-Way for the Capital Avenue - Webb Road to Broadwell Avenue Widening Project (Ashley Park - City of Grand Island) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 103 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-240 WHEREAS, current park property is being dedicated by the City of Grand Island as street right-of-way to accommodate a widened roadway along Capital Avenue from Webb Road to Broadwell Avenue, described as follows: A TRACT OF LAND CONSISTING OF PART OF A UNPLATTED TRACT LOCATED IN THE SOUTHWEST QUARTER (SW ¼) OF SECTION 4, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SW ¼; THENCE ON AN ASSUMED BEARING OF N8941’00”E ALONG THE SOUTH LINE OF SAID SW ¼ A DISTANCE OF 33.00 FEET; THENCE ALONG A LINE BEING 33.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SW ¼, N0048’52”W A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE AND THE EAST R.O.W. LINE OF BROADWELL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N0048’52”W ALONG SAID WEST R.O.W. LINE A DISTANCE OF 81.55 FEET; THENCE S4132’25”E A DISTANCE OF 64.67 FEET; THENCE S6529’35”E A DISTANCE OF 25.11 FEET; THENCE S8745’41”E A DISTANCE OF 501.55 FEET TO A POINT ON THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S8941’00”W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 565.75 FEET TO THE POINT OF BEGINNIG. SAID TRACT CONTAINS 8,642 SQUARE FEET OR 0.20 ACRES MORE OR LESS. WHEREAS, such dedication of street right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to dedicate said street right-of-way on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 104 / 212 FAX 308.384.8752 TEL 308.384.8750 Grand Island, NE 68802-1072 P.O. Box 1072 201 East 2nd Street R SURVEY RECORD Grand Island Council Session - 7/23/2013 Page 105 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-16 #2013-241 - Approving Change Order No. 1 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 106 / 212 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:July 23, 2013 Subject:Approving Change Order No. 1 for 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3 Item #’s:G-16 Presenter(s):John Collins, Public Works Director Background On October 4, 2012 the Engineering Division of the Public Works Department advertised for bids for the 5th Street Sanitary Sewer Improvements; Project No. 2012-S-3. The completed project provides a new sewer line added along the south side of 5th Street from Eddy Street to the Vine Street. The sewer line size will be a twenty-one (21) inch line with an approximate length of thirty seven hundred (3,700) feet. The existing 15-inch vitrified clay sewer line that is located in the alley between 4th Street and 5th Street from Eddy Street to Vine Street will be rehabilitated with a combination of spot repairs and the installation of a Cured In Place Pipe (CIPP) liner. On August 28, 2012, Resolution 2012-360 awarded Project 2012-S-3, 5th Street Sanitary Sewer Improvements to Van Kirk Brothers Contracting of Sutton, Nebraska, in the amount of $1,734,105.93. Community Development Block Grant has allocated revitalization funds to a portion of the project in the amount of $499,638.70. Discussion Change Order No. 1-1 Revealed by: Contractor Initiated by: Engineer Recommendation by: Wastewater Staff Grand Island Council Session - 7/23/2013 Page 107 / 212 The project, being in a matured residential area has not advanced as expected due to variety of reasons. The primary reason(s) being dry soil conditions adding more construction effort in removals and replacements, significant utility crossings (natural gas, potable water and storm sewer), diligence maintaining homeowner’s services and minimizing traffic impacts. The contractor will not meet the current contracted calendar days. Change Order No. 1 is a no cost change order requesting the construction calendar days be expanded by: Section A; 5th street gravity sewer construction, forty-five (45) days. Original contract completion date:August 15, 2013 Proposed contract completion date:September 30, 2013 Section B; Rehabilitation sewer between 4th and 5th street, thirty-one (31) days. Original contract completion date:June 30, 2013 Proposed contract completion date:July 31, 2013 TOTAL COST FOR CO1-1 $ 0.00 TOTAL SUMMARY OF COSTS $ 0.00 Wastewater staff and the consulting engineer, Olsson Associates, have reviewed the changed condition(s) and believe such changes will bring benefit to the overall finished product. 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 authorization to proceed with additional construction calendar days described in Change Order No. 1 with Van Kirk Brothers of Sutton, Nebraska. Grand Island Council Session - 7/23/2013 Page 108 / 212 Sample Motion Move to approve the Mayor of the City of Grand Island, Nebraska authorized on behalf of the City of Grand Island to execute a Change Order No. 1 with Van Kirk Brothers of Sutton, Nebraska. Grand Island Council Session - 7/23/2013 Page 109 / 212 VAN KIRK BROS. CONTRACTING VAN KIRK SAND & GRAVEL, INC. 1200 West Ash, PO Box 585 Sutton, NE 68979 PHONE (402) 773·5250 July 12, 2013 Fred Tustin Project Manager City of Grand Island P.O. Box 1968 Grand Island, NE 68802-1968 FAX (402) 773·5480 vkbros@vkbros.net RE: 5TH Street Sanitary Sewer Improvements Grand Island, NE Dear Mr. Tustin, Van Kirk Brothers Contracting would respectfully request an extension of calendar days for the individual sections in the construction of 5th street gravity sewer (Section A), and the rehabilitation of gravity sewer between 4th and 5th street (Section B). Section A; 5th street gravity sewer construction we are requesting forty-five (45) days. Original contract completion date: Proposed contract completion date: August 15, 2013 September 30, 2013 The project by nature is a deep bury gravity sewer within established neighborhoods in which unfolds complexities we are continuing to endure, and surmount as the construction progresses. To complete the seeding, concrete sealing, and final area(s) cleanup by the new proposed completion date we are highly hopeful weather will not hinder the progress of these activities. Section B; Rehabilitation of gravity sewer between 4th and 5th street we are requesting thirty-one (31) days. Original contract completion date: Proposed contract completion date: June 30, 2013 July 31,2013 The projects Cured-In-Place Pipe (CIPP) liner installation is substantially complete. The individual services tap connection(s), in which detail high installation time are our primary reason for the calendar day extension request. Grand Island Council Session - 7/23/2013 Page 110 / 212 Van Kirk's project team is committed to safety, and in minimizing impacts to schedule, costs, traffic, and the cities customer's services, and in doing such has impacted the project acceleration. Please let myself or Jim Van Kirk know if you have any questions or comments. Sincerely, Van Kirk Brothers Contracting Jamie Simmennan Estimator I Project Manager Grand Island Council Session - 7/23/2013 Page 111 / 212 R E S O L U T I O N 2013-241 WHEREAS, On August 28, 2012, Resolution 2012-360 awarded Project 2012-S- 3, 5th Street Sanitary Sewer Improvements to Van Kirk Brothers Contracting of Sutton, Nebraska, in the amount of $1,734,105.93; and WHEREAS, Change Order No. 1 incorporates additional construction calendar days into the contract; and WHEREAS, Section A; 5th Street gravity sewer construction will add forty-five (45) days for a completion date of September 30, 2013; and WHEREAS, Section B; Rehabilitation of gravity sewer between 4th and 5th Street will add thirty-one (31) days for a completion date of July 31, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with additional construction calendar days described in Change Order No. 1 with Van Kirk Contracting of Sutton, Nebraska is hereby approved, with no additional cost to the contract. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ July 19, 2013 ¤ City Attorney Grand Island Council Session - 7/23/2013 Page 112 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-17 #2013-242 - Approving Change Order No. 4 for Lift Station No. 7 Improvements Project No. 2011-S-1A Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 113 / 212 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:July 23, 2013 Subject:Approving Change Order No. 4 for Lift Station No.7 Improvements Project No. 2011-S-1A Item #’s:G-17 Presenter(s):John Collins, Public Works Director Background Public Works in conjunction with Community Development developed multi-year contracts in upgrades for the capacity and quality of sanitary sewer in an area of Grand Island defined as the Lift Station No. 7 Watershed. The projects are Community Development Block Grant (CDBG) Disaster Recovery Programs. On July 26, 2012 an ad to bidders for Project WWTP-2011-S-1A, Lift Station No. 7 Improvements was published in the Grand Island Daily Independent. On August 28, 2012, Resolution 2012-224 awarded Project WWTP-2011-S-1A, Lift Station No. 7 Improvements to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $479,558.95. On March 12, 2013, Resolution 2013-66, approved Change Order No. 1 encompassing work to remove asbestos found in the roofing material by B2 Environmental, Inc., in the amount of $1,897.50 for a revised contract amount of $481,456.45. On April 23, 2013, Resolution 2013-121 approved Work Change Directive No. 1 incorporating a required mechanical fitting to transition from the existing forced pumping main to new piping systems, in the amount of $466.00. On July 9, 2013, Resolution 2013-220 approved Change Order Nos. 2 & 3 encompassing work in finalizing Work Change Directive No. 1, the addition of safety grab bars, isolation valve, steel I-Beam, concrete pavement, and surplus brick veneer credit, in the amount of $3,336.89 for a revised contract amount of $484,793.34. Grand Island Council Session - 7/23/2013 Page 114 / 212 Discussion Change Order No. 4-1 Revealed by: Contractor Initiated by: Engineer Recommendation by: Wastewater Staff The Incorporated work requires revised connection to existing six (6) inch force main to include a forty-five (45) degree fitting and additional twenty (20) foot section of six (6) inch ductile iron pipe. The piping revision will extend the completion date to August 14, 2013. TOTAL COST FOR CO4-1 $470.00 TOTAL SUMMARY OF COSTS $470.00 Wastewater staff and the consulting engineer Olsson Associates have reviewed the changed condition(s) and believe such changes will bring benefit to the overall finished product. 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 authorization to proceed with the work scope described in Change Order No. 4 with The Diamond Engineering Company of Grand Island, Nebraska. Grand Island Council Session - 7/23/2013 Page 115 / 212 Sample Motion Move to approve the Mayor of the City of Grand Island, Nebraska is authorized on behalf of the City of Grand Island to execute a Change Order No. 4 with The Diamond Engineering Company of Grand Island, Nebraska in the combined amount of $470.00, for a total contract amount of $485,263.34. Grand Island Council Session - 7/23/2013 Page 116 / 212 Grand Island Council Session - 7/23/2013 Page 117 / 212 Grand Island Council Session - 7/23/2013 Page 118 / 212 Grand Island Council Session - 7/23/2013 Page 119 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-242 WHEREAS, On August 28, 2012, by Resolution 2012-224, City Council awarded, Project WWTP-2011-S-1A, Lift Station No. 7 Improvements to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $479,558.95; and WHEREAS, On March 12, 2013, by Resolution 2013-66, City Council approved Change Order No. 1 encompassing professional services for removal, and disposal of asbestos in a previous roofing system for the amount of $1,897.50 for a revised contract amount of $481,456.45; and WHEREAS, On April 23, 2013, by Resolution 2013-121, City Council approved Work Change Directive No. 1 incorporating a required mechanical fitting to transition from the existing forced pumping main to new piping systems, in the estimated amount of $466.00; and WHEREAS, On July 9, 2013, by Resolution 2013-220, City Council approved Change Order Nos. 2 & 3 incorporating the finished services of Work Change Directive No. 1, and incorporated various mechanical components to the pump station, with a civil edit in a concrete slab grade, and provide savings to the project in using owner provided brick veneer in the amount of $3,336.89 for a revised contract amount of $484,793.34; and WHEREAS, Change Order No. 4 incorporates a revised fitting connection, and pipe to the existing ductile iron forced pumping main in the amount of $470.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that authorization to proceed with scope described in Change Order No. 4 with The Diamond Engineering Company of Grand Island, Nebraska is hereby approved for a revised contract amount of $485,263.34; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Change Order No. 4 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 120 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-18 #2013-243 - Approving Leasehold Agreements for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (United Veterans Club) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 121 / 212 Council Agenda Memo From:Scott Griepenstroh, PW Project Manager Meeting:July 23, 2013 Subject:Approving Leasehold Agreements for the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S-4 (United Veterans Club) Item #’s:G-18 Presenter(s):John Collins PE, Public Works Director Background Public Works Staff in conjunction with the design engineer, Black & Veatch of Kansas City, Missouri have jointly developed multi-year replacement planning stages for the City of Grand Island’s large diameter gravity sanitary sewer interceptor network. The current planned interceptor, entitled the “North Interceptor” will replace aged gravity sanitary sewer, reduce or eliminate current sewer pumping station(s), and provide additional capacity for existing and new growth areas of Grand Island. The new North Interceptor route was developed to incorporate, and partner with other utilities for the Capital Avenue Widening Project, and the new Headworks Pumping Station Project at the Wastewater Treatment Plant. A phased approach of constructing the North Interceptor was developed as follows: Phase I - Wastewater Treatment Plant (WWTP) to 7th Street / Skypark Road Phase II (Part A) - 7th Street / Skypark Road to Broadwell Avenue Phase II (Part B) - Broadwell Avenue to Webb Road Phase II (Part C) - Webb Road to Diers Avenue (Lift Station No. 19) Leasehold Agreements are necessary for this project to be completed, which must be approved by City Council. Grand Island Council Session - 7/23/2013 Page 122 / 212 Discussion Leasehold agreements are necessary with one (1) tenant in this project area. All documents have been signed and returned by the lessee. Authorization of the documents is contingent upon City Council approval. Following is a summary of the payments, totaling $200.00. No.Tenant Legal Description Area Payment (minimum $100.00) Total 1L United Veterans Club (Hall County) Right of Way A TRACT OF LAND CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE N89°50'38"E A DISTANCE OF 724.16 FEET; THENCE N42°48'34"E A DISTANCE OF 41.03 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 02°44'27", A ARC LENGTH OF 47.92 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S04°03'24"E FOR A DISTANCE OF 47.91 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S44°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 34.26 FEET; THENCE S89°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 730.67 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31,872 SQUARE FEET OR 0.73 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, 69,775 s.f.$100.00 Grand Island Council Session - 7/23/2013 Page 123 / 212 TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 714.80 FEET; THENCE N00°09'22"W A DISTANCE OF 204.32 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11°20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11°05'44"E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS. Temporary Easement A TEMPORARY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE Grand Island Council Session - 7/23/2013 Page 124 / 212 POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 695.03 FEET; THENCE N00°09'22"W A DISTANCE OF 244.37 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 03°37'16", A ARC LENGTH OF 63.31 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S18°34'28"E FOR A DISTANCE OF 63.30 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND A WESTERLY LINE OF A PROPOSED PERMANENT EASEMENT; THENCE S00°09'22"E ALONG SAID WESTERLY LINE A DISTANCE OF 204.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50'38"W ALONG A NORTHERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 714.80 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 18,607 SQUARE FEET OR 0.43 ACRES MORE OR LESS. 2L United Veterans Club (State of Nebraska) Right of Way A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 42.00 FEET; THENCE N89°50’38”E A DISTANCE OF 443.66 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 18,634 SQUARE FEET OR 0.43 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., 48,580 s.f.$100.00 Grand Island Council Session - 7/23/2013 Page 125 / 212 CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE AND DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 296.52 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 9,073 SQUARE FEET OR 0.21 ACRES MORE OR LESS. Temporary Easement A TEMPORARY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF Grand Island Council Session - 7/23/2013 Page 126 / 212 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EASTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WESTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 296.52 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 21.75 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E A ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 20,873 SQUARE FEET OR 0.48 ACRES MORE OR LESS. Total $200.00 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 the Leasehold Agreements between the City of Grand Island, Public Works Department and the affected property lessees, in the total amount of $200.00. Grand Island Council Session - 7/23/2013 Page 127 / 212 Sample Motion Move to approve the Leasehold Agreements. Grand Island Council Session - 7/23/2013 Page 128 / 212 STATE OF NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT THIS CONTRACT, made and entered into this day of , 20 by and between, United Veterans Club, Address: 1914 W. Capital Avenue, Grand Island, NE 68803, hereinafter called the LESSEE, and The City of Grand Island, hereinafter called the BUYER. LEASEHOLD INTEREST WITNESSETH: In consideration of the payment or payments as specified below, the LESSEE hereby relinquishes to the BUYER, all leasehold interest to certain lands and any improvements thereon owned by State of Nebraska. The property to which the LESSEE hereby permanently relinquishes interest is described below. (The description may be stated in either “metes and bounds” or “station and offsets”) Right of Way A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 42.00 FEET; THENCE N89°50’38”E A DISTANCE OF 443.66 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 18,634 SQUARE FEET OR 0.43 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE AND DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 296.52 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE Grand Island Council Session - 7/23/2013 Page 129 / 212 S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 9,073 SQUARE FEET OR 0.21 ACRES MORE OR LESS. The property to which the LESSEE hereby temporarily relinquishes interest is described below. (The description may be stated in either “metes and bounds” or “station and offsets”) A TEMPORARY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EASTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WESTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 296.52 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 21.75 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E A ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 20,873 SQUARE FEET OR 0.48 ACRES MORE OR LESS. It is hereby agreed that possession of the above described premises is the essence of this contract and the BUYER may take immediate possession of the premises upon signing of this contract. It is further agreed that relinquishment of LESSEE interest to areas conveyed temporarily shall be during the period of construction and shall cease upon acceptance of the project by the BUYER. Moving and replacing approximately NA rods of fence at $ NA per rod $NA Relinquishment of leasehold interest to approximately 48,580 square feet $ 100.00 Other Damages: None $ NA TOTAL $ 100.00 It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. Grand Island Council Session - 7/23/2013 Page 130 / 212 The above payments shall cover all damages caused by the establishment and construction of the above project except for LESSEE'S share of CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The LESSEE agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. This contract shall be binding on both parties from its inception, but, should none of the above real estate be required, this contract shall terminate. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract. REMARKS Any damages to sprinklers as a result of the proposed utility and roadway improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. Tree plantings to replace trees removed associated with proposed utility improvements will be completed by State of Nebraska. Any damages to the United Veterans Club parking lot and driveways as a result of utility and roadway improvements in this area shall be reconstructed by the City. The sanitary sewer service for the Veterans Club will be maintained during construction. When the North Inceptor Sanitary Sewer is placed into service, the sanitary service for the United Veterans Club will be connected this new deep gravity sewer line and private lift station for the Club will be eliminated. Grand Island Council Session - 7/23/2013 Page 131 / 212 THIS IS A LEGAL AND BINDING CONTRACT - READ IT. The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the BUYER. BUYER LESSEE By Date Dated this day of , 20 Dated this day of , 20 On the above date, before me a General Notary Public duly commissioned and On the above date, before me a General Notary Public duly commissioned and qualified, personally came qualified, personally came to me known to be the identical person whose name affixed to me known to be the identical person whose name affixed to the foregoing instrument as grantor and acknowledged the same to to the foregoing instrument as grantor and acknowledged the same to be a voluntary act and deed.be a voluntary act and deed. WITNESS my hand and Notarial Seal the day and year above written.WITNESS my hand and Notarial Seal the day and year above written. Notary Notary STATE OF STATE OF ss.ss. County County Grand Island Council Session - 7/23/2013 Page 132 / 212 STATE OF NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT THIS CONTRACT, made and entered into this day of , 20 by and between, United Veterans Club, Address: 1914 W. Capital Avenue, Grand Island, NE 68803, hereinafter called the LESSEE, and The City of Grand Island, hereinafter called the BUYER. LEASEHOLD INTEREST WITNESSETH: In consideration of the payment or payments as specified below, the LESSEE hereby relinquishes to the BUYER, all leasehold interest to certain lands and any improvements thereon owned by Hall County, Nebraska. The property to which the LESSEE hereby permanently relinquishes interest is described below. (The description may be stated in either “metes and bounds” or “station and offsets”) Right of Way A TRACT OF LAND CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE N89°50'38"E A DISTANCE OF 724.16 FEET; THENCE N42°48'34"E A DISTANCE OF 41.03 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 02°44'27", A ARC LENGTH OF 47.92 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S04°03'24"E FOR A DISTANCE OF 47.91 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S44°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 34.26 FEET; THENCE S89°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 730.67 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31,872 SQUARE FEET OR 0.73 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 714.80 FEET; THENCE N00°09'22"W A DISTANCE OF 204.32 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. Grand Island Council Session - 7/23/2013 Page 133 / 212 LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11°20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11°05'44"E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS. The property to which the LESSEE hereby temporarily relinquishes interest is described below. (The description may be stated in either “metes and bounds” or “station and offsets”) A TEMPORARY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 695.03 FEET; THENCE N00°09'22"W A DISTANCE OF 244.37 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 03°37'16", A ARC LENGTH OF 63.31 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S18°34'28"E FOR A DISTANCE OF 63.30 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND A WESTERLY LINE OF A PROPOSED PERMANENT EASEMENT; THENCE S00°09'22"E ALONG SAID WESTERLY LINE A DISTANCE OF 204.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50'38"W ALONG A NORTHERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 714.80 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 18,607 SQUARE FEET OR 0.43 ACRES MORE OR LESS. It is hereby agreed that possession of the above described premises is the essence of this contract and the BUYER may take immediate possession of the premises upon signing of this contract. It is further agreed that relinquishment of LESSEE interest to areas conveyed temporarily shall be during the period of construction and shall cease upon acceptance of the project by the BUYER. Moving and replacing approximately NA rods of fence at $ NA per rod $NA Relinquishment of leasehold interest to approximately 69,775 square feet $ 100.00 Other Damages: None $ NA TOTAL $ 100.00 It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above. The above payments shall cover all damages caused by the establishment and construction of the Grand Island Council Session - 7/23/2013 Page 134 / 212 above project except for LESSEE'S share of CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The LESSEE agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage. This contract shall be binding on both parties from its inception, but, should none of the above real estate be required, this contract shall terminate. This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract. REMARKS The City shall restore the premises to grade prior to the termination of this agreement. Any damages to sprinklers as a result of the proposed utility and roadway improvements in this area will be reconstructed by the City of Grand Island or United Veterans Club will be compensated for these repairs. The brick memorials for the veterans memorial impacted by construction will be reconstructed in place or relocated along the proposed bike trail as approved by Hall County and United Veterans Club. Tree plantings to replace trees removed associated with proposed utility improvements will be completed by Hall County. Ceder tress in the southeast corner of the property on the perimeter of the Veteran’s Memorial will be removed. The memorial wall located in the southeast corner of the property shall be protected by the Contractor. Any damages to the United Veterans Club parking lot and driveways as a result of utility and roadway improvements in this area shall be reconstructed by the City. Grand Island Council Session - 7/23/2013 Page 135 / 212 THIS IS A LEGAL AND BINDING CONTRACT - READ IT. The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the BUYER. BUYER LESSEE By Date Dated this day of , 20 Dated this day of , 20 On the above date, before me a General Notary Public duly commissioned and On the above date, before me a General Notary Public duly commissioned and qualified, personally came qualified, personally came to me known to be the identical person whose name affixed to me known to be the identical person whose name affixed to the foregoing instrument as grantor and acknowledged the same to to the foregoing instrument as grantor and acknowledged the same to be a voluntary act and deed.be a voluntary act and deed. WITNESS my hand and Notarial Seal the day and year above written.WITNESS my hand and Notarial Seal the day and year above written. Notary Notary STATE OF STATE OF ss.ss. County County Grand Island Council Session - 7/23/2013 Page 136 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-243 WHEREAS, leasehold agreements are required by the City of Grand Island, from the affected lessees in the North Interceptor Phase II, Part B; Sanitary Sewer Project No. 2013-S- 4 area, as follows: No.Tenant Legal Description Area Payment (minimum $100.00) Total 1L United Veterans Club (Hall County) Right of Way A TRACT OF LAND CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET; THENCE N89°50'38"E A DISTANCE OF 724.16 FEET; THENCE N42°48'34"E A DISTANCE OF 41.03 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 02°44'27", A ARC LENGTH OF 47.92 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S04°03'24"E FOR A DISTANCE OF 47.91 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S44°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 34.26 FEET; THENCE S89°50'38"W ALONG SAID NORTH R.O.W. LINE A DISTANCE OF 730.67 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 31,872 SQUARE FEET OR 0.73 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID 69,775 s.f.$100.00 Grand Island Council Session - 7/23/2013 Page 137 / 212 - 2 - SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A DISTANCE OF 714.80 FEET; THENCE N00°09'22"W A DISTANCE OF 204.32 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 11°20'13, A ARC LENGTH OF 198.21 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S11°05'44"E FOR A DISTANCE OF 197.89 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE; THENCE S42°48'34"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 41.03 FEET; THENCE S89°50'38"W ALONG SAID PROPOSED R.O.W. LINE A DISTANCE OF 724.16 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 19,296 SQUARE FEET OR 0.44 ACRES MORE OR LESS. Temporary Easement A TEMPORARY EASEMENT CONSISTING OF PART OF A UNPLATTED TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133, HALL COUNTY REGISTER OF DEEDS, LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE1/4; THENCE ON AN ASSUMED BEARING OF S89°50'38"W ALONG THE SOUTH LINE OF SAID SE1/4 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF SAID UNPLATTED TRACT; THENCE N00°49'18"W ALONG THE WEST LINE OF SAID UNPLATTED TRACT A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N00°49'18"W ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET; THENCE N89°50'38"E A Grand Island Council Session - 7/23/2013 Page 138 / 212 - 3 - DISTANCE OF 695.03 FEET; THENCE N00°09'22"W A DISTANCE OF 244.37 FEET TO A POINT ON THE WEST R.O.W. LINE OF BROADWELL AVENUE; THENCE ALONG SAID WEST R.O.W. LINE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF 03°37'16", A ARC LENGTH OF 63.31 FEET, A RADIUS OF 1001.74 FEET AND A CHORD BEARING S18°34'28"E FOR A DISTANCE OF 63.30 FEET TO THE POINT OF INTERSECTION OF SAID WEST R.O.W. LINE AND A WESTERLY LINE OF A PROPOSED PERMANENT EASEMENT; THENCE S00°09'22"E ALONG SAID WESTERLY LINE A DISTANCE OF 204.32 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50'38"W ALONG A NORTHERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 714.80 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 18,607 SQUARE FEET OR 0.43 ACRES MORE OR LESS. 2L United Veterans Club (State of Nebraska) Right of Way A TRACT OF LAND CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG AND UPON SAID NORTH R.O.W. LINE S89°50’38”W A DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 42.00 FEET; THENCE N89°50’38”E A DISTANCE OF 443.66 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 18,634 SQUARE FEET OR 0.43 ACRES MORE OR LESS. Permanent Easement A PERMANENT UTILITY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST 48,580 s.f.$100.00 Grand Island Council Session - 7/23/2013 Page 139 / 212 - 4 - CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 42.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID PROPOSED NORTH R.O.W. LINE OF CAPITAL AVENUE AND DISTANCE OF 443.66 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 296.52 FEET; THENCE N00°09’22”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 10.00 FEET; THENCE S00°09’22”E A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 137.14 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 9,073 SQUARE FEET OR 0.21 ACRES MORE OR LESS. Temporary Easement A TEMPORARY EASEMENT CONSISTING OF PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH, RANGE 9 WEST OF THE 6TH P.M., CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE ON AN ASSUMED BEARING OF S89°50’38”W ALONG THE SOUTH LINE OF SAID SECTION 5 A DISTANCE OF 796.00 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AND RECORDED IN DEED BOOK 159, PAGE 133; THENCE N00°49’18”W ALONG THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN DEED BOOK 159, PAGE 133 A DISTANCE OF 33.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE NORTH RIGHT-OF-WAY (R.O.W.) LINE OF CAPITAL AVENUE; THENCE CONTINUING N00°49’18”W ALONG SAID WEST LINE A DISTANCE OF 62.00 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND A NORTH LINE OF A PROPOSED PERMANENT EASEMENT, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S89°50’38”W ALONG SAID NORTH LINE A DISTANCE OF 137.14 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE N00°09’22”W ALONG A EASTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED Grand Island Council Session - 7/23/2013 Page 140 / 212 - 5 - PERMANENT EASEMENT A DISTANCE OF 10.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S00°09’22”E ALONG A WESTERLY LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 20.00 FEET TO A NORTHERLY CORNER OF SAID PROPOSED PERMANENT EASEMENT; THENCE S89°50’38”W ALONG A NORTH LINE OF SAID PROPOSED PERMANENT EASEMENT A DISTANCE OF 296.52 FEET; THENCE N00°49’18”W A DISTANCE OF 20.00 FEET; THENCE N89°50’38”E A DISTANCE OF 21.75 FEET; THENCE N00°09’22”W A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 305.00 FEET; THENCE S00°09’22”E A DISTANCE OF 40.00 FEET; THENCE N89°50’38”E A DISTANCE OF 116.91 FEET TO A POINT ON THE WEST LINE OF SAID TRACT OF LAND DESCRIBED IN BOOK 159, PAGE 133; THENCE S00°49’18”E A ALONG SAID WEST LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 20,873 SQUARE FEET OR 0.48 ACRES MORE OR LESS. Total $200.00 WHEREAS, Leasehold Agreements have been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Leasehold Agreements on the above described tracts of land, in the total amount of $200.00. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 141 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-19 #2013-244 - Approving Change Order No. 1 for Blaine Street Paving; Project No. 2012-P-2 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 142 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Approving Change Order No. 1 for Blaine Street Paving; Project No. 2012-P-2 Item #’s:G-19 Presenter(s):John Collins, Public Works Director Background Gehring Construction & Ready Mix Co. of Columbus, Nebraska was awarded a $588,529.90 contract by the City Council on March 12, 2013 for the Blaine Street Paving; Project No. 2012-P-2 – Wildwood Drive to Schimmer Drive. Funds from LB840, in the amount of $575,000.00, will be combined with a Community Development Block Grant (CDBG) as a match to the City funds to fully fund this paving project. Discussion Public Works Administration is requesting Change Order No. 1 for the Blaine Street Paving; Project No. 2012-P-2, which will allow for relocation of a fence and temporary relocation of field entrance. The estimated cost for the additional work is detailed below. Description Quantity Unit Price Total Price Relocation of fence 1.00 l.s.$2,000.00 $2,000.00 Build and remove temporary field entrance 1.00 l.s.$600.00 $600.00 TOTAL CHANGE ORDER NO. 1 $2,600.00 There are adequate funds for such additional work Grand Island Council Session - 7/23/2013 Page 143 / 212 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 Blaine Street Paving; Project No. 2012-P-2 – Wildwood Drive to Schimmer Drive. Sample Motion Move to approve the resolution. Grand Island Council Session - 7/23/2013 Page 144 / 212 July 9, 2013 Page 1 of 2 CHANGE ORDER CHANGE ORDER NO. 1 NAME OF PROJECT: Blaine Street Paving – 2012-P-2 CONTRACTOR: Gehring Construction OWNER: City of Grand Island THE FOLLOWING MODIFICATIONS TO THE CONTRACT ARE HEREBY ORDERED: 1.Add the following Scope of Work and Costing as follows: Item Description Quantity Units Unit Price Amount $$ 1 Relocation of fence 1 LS 2,000.00 2,000.00 2 Building and remove temporary field entrance 10 LF 60 600.00 THE FOLLOWING MODIFICATIONS TO THE CONTRACT TIMES HEREBY ORDERED: There will be no modification to contract time. REASONS FOR MODIFICATIONS: City staff requested the contractor to provide costing for removal and replacement of an existing fence to allow for construction access as well as to protect recent water main improvements and to be consistent with recent easement acquisitions. The pavement and pipe costs are overrun of quantities on the original contractors bid. A piece of pipe was added to allow for proper grading and 2’ of addition pavement were added to improve roadway shouldering due to the original bid being under the estimated project cost by a large margin. ORIGINAL CONTRACT AMOUNT: $ 588,529.90 THIS CHANGE ORDER AMOUNT: $ 2,600.00 REVISED CONTRACT AMOUNT (including this Change Order) $ 591,129.90 Grand Island Council Session - 7/23/2013 Page 145 / 212 July 9, 2013 Page 2 of 2 Contractor: Date: Gehring Construction Co. Engineer: Date: City of Grand Island Owner: Date: City of Grand Island Grand Island Council Session - 7/23/2013 Page 146 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-244 WHEREAS, on March 12, 2013, by Resolution 2013-60, the City of Grand Island awarded Gehring Construction & Ready Mix Co. of Columbus, Nebraska the bid in the amount of $588,529.90 for the Blaine Street Paving; Project No. 2012-P-2 – Wildwood Drive to Schimmer Drive; and WHEREAS, it has been determined that modifications to the work to be performed by Gehring Construction & Ready Mix. Co. 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 amount by $2,600.00 for a revised contract price of $591,129.90. 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 Gehring Construction & Ready Mix Co. of Columbus, Nebraska to provide the modifications. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 147 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-20 #2013-245 - Approving Agreement for Engineering Consulting Services Related to Westgate Road Paving District No. 1261; North Road to Copper Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 7/23/2013 Page 148 / 212 Council Agenda Memo From:Terry Brown PE, Manager of Engineering Services Meeting:July 23, 2013 Subject:Approving Agreement for Engineering Consulting Services Related to Westgate Road Paving District No. 1261; North Road to Copper Road Item #’s:G-20 Presenter(s):John Collins PE, Public Works Director Background Street Improvement District No. 1261 was created by the City Council on April 23, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on April 29, 2013. A notification letter of the district creation was also mailed to all affected property owners. The District will consist of Westgate Road extending east from North Road to the existing hard surface portion of Westgate Road. This area was platted in November 1987. The project would consist of paving, as well as connecting the initial phase of the Moores Creek Drainway to this area and eliminating the ditch section. This project is currently estimated at $500,000.00 and would be assessed to adjacent property owners. All property owners in this proposed district signed the district creation petition form. On May 28, 2013, by Resolution No. 2013-156 City Council approved the continuation of such street improvement district. On June 17, 2013 the Engineering Division of the Public Works Department advertised for Engineering Services for Westgate Road Paving District No. 1261, with five (5) potential respondents. Discussion Two (2) engineering firms submitted qualifications for the engineering services for Westgate Road Paving District No. 1261. Olsson Associates of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Grand Island Council Session - 7/23/2013 Page 149 / 212 Firm experience and qualifications on similar work (50%) Proposed project schedule (30%) Past experience working with the City of Grand Island Public Works Department (20%) Compensation for Olsson Associates’ services will be provided on a fixed fee basis for $71,870.00, which consists of the following services. Westgate Road Paving Design Phase Services - $32,250.00 Westgate Road Construction Phase Services - $35,300.00 North Road Culvert Design Phase Services - $4,320.00 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 the agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $71,870.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 7/23/2013 Page 150 / 212 Grand Island Council Session - 7/23/2013 Page 151 / 212 Grand Island Council Session - 7/23/2013 Page 152 / 212 Grand Island Council Session - 7/23/2013 Page 153 / 212 Grand Island Council Session - 7/23/2013 Page 154 / 212 Grand Island Council Session - 7/23/2013 Page 155 / 212 Grand Island Council Session - 7/23/2013 Page 156 / 212 Grand Island Council Session - 7/23/2013 Page 157 / 212 Grand Island Council Session - 7/23/2013 Page 158 / 212 Grand Island Council Session - 7/23/2013 Page 159 / 212 Grand Island Council Session - 7/23/2013 Page 160 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-245 WHEREAS, by Resolution 2013-156 Grand Island City Council approved continuation of Westgate Road Paving District No. 1261; North Road to Copper Road; and WHEREAS, the City of Grand Island solicited proposals for engineering consulting services for such project; and WHEREAS, the City of Grand Island and Olsson Associates of Grand Island, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson Associates of Grand Island, Nebraska for engineering consulting services related to the Westgate Road Paving District No. 1261; North Road to Copper Road, in the amount of $71,870.00, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 161 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item G-21 #2013-246 - Approving Contract Extension of CDBG Grant 08- DPI-005 Lift Station #7 This item relates to the aforementioned Public Hearing item E-6 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 162 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-246 WHEREAS, The Nebraska Department of Economic Development has awarded the City of Grand Island $150,616.00 in additional funds for Disaster Relief Funding, and WHEREAS, The City of Grand Island, Nebraska, is an eligible unit of the Disaster Relief Funding authorized to file a contract extension under the Community Development Block Grant Program. 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 to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Grand Island and the Nebraska Department of Economic Development for acceptance of the grant application. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 163 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item H-1 Consideration of Request from Nebraska State Fair Regarding RV Park Use of Primitive Stalls Staff Contact: Craig Lewis Grand Island Council Session - 7/23/2013 Page 164 / 212 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:July 23, 2013 Subject:Request of the Nebraska State Fair, for a Modification to the Conditional Use Permit granted on June 8, 2010 and Revised on August 10, 2010, August 23, 2011, and June 26, 2012 for the Recreational Vehicle Park at 915 E. Fonner Park Rd. This Modification is to Allow for the Continued use of the Recreational Vehicle Park at the Current Improvement Level for 2013 and Future State Fairs Item #’s: H-1 Presenter(s):Craig Lewis, Building Department Director Background This is a request for approval of the existing site and existing improvements to be deemed adequate for the purpose of the State Fair. There currently are 112 RV sites complete with utility services and a concrete pad as required by the City Code. There are 40 sites with utility connections but only rock pads and 59 sites with sewer and water connections but no electrical connections and no concrete parking pads The construction of the recreational vehicle camper park at Fonner Park, has been progressing for the past three years. The installation of the phased improved parking pads was on schedule through 2012 with 112 improved parking pads. The original approval for the construction of the recreational vehicle park identified a phased improvement plan for the parking pads; 52 -- 2011 59 – 2012 50 -- 2013 50 – 2014 The utility connections were originally intended to be completed to all of the sites during the first phase but have been delayed. The last 59 sites have yet to be supplied with electricity, but sewer and water are available to all of the sites within the park. Grand Island Council Session - 7/23/2013 Page 165 / 212 Discussion The City code provides for campgrounds with the following conditions specified in the code; 36-69 (B) 2. (a) Developer shall submit a diagram of the proposed camp ground including a plot plan of the pads, landscaping plan, utility plan and interior street plan with the application for a conditional use permit. (b) A minimum of one toilet and one lavatory for each sex shall be provided for each sex up to the first 25 sites. An additional toilet and lavatory for each sex shall be provided for each additional 25 sites or fraction thereof not provided with sewer connections. (c) All RV pads shall be provided with a landscape buffer yard as identified in the landscaping section of this code. (d) Pads shall not be accessible from any public way. Additionally section 36-6 Definitions, require Recreational Vehicle Pads: a space for parking a recreational vehicle within a campground or other allowed place consisting of no less than 800 square feet with a minimum width of 12 feet. Improvements included within the pad space include 1 hard surfaced improved parking space of not less than 180 square feet (20x9 or 18x10) and 2 hard surfaced improved parallel tire pads of not less than 2.5 feet by 24 feet. Additional conditions placed on the Recreational Vehicle Camper Site were; 1) All interior roads and streets shall be improved to the design standards as identified in section 36-96(G), permanent, dust-free like asphalt, concrete or paving brick. 2) Annual inspection shall be conducted by the Building Department to check compliance with City Codes, conditions imposed, and adopted building, plumbing, electrical, and fire codes. 3) A 90 day time limit on the maximum allowable stay shall be imposed on all recreational vehicles and campers in the campground. No RV shall be allowed to remain longer than a 90 day consecutive period. 4) The size of any propane tank or other fuel container shall be limited to original equipment supplied by the manufacture; no additional or external tanks shall be permitted. 5) No skirting of any kind shall be allowed to be utilized with any recreational vehicle or camper within the camp grounds. The proposal is at this time to determine that the existing improvements are adequate for current and future State Fair events. As the existing improvement do not fully comply with the provisions of the City code the code would need to be amended to lower the standard for recreational vehicle parks or provide some exceptions for park size or duration of operation through- out the year. Another alternative would be to extend the time frame committed to by the Fair and allow additional time in which to bring the camp ground into full compliance. Grand Island Council Session - 7/23/2013 Page 166 / 212 Staff has suggested that the use be limited to the State Fair only for spaces not in compliance with the required improvements and conditions established by the City Council. Once the required improvements are completed it would appear appropriate to allow for additional use of the facility through out the year as the park would be compliant with the established regulations and conditions. I believe most of the spaces within the State Fair RV Park have been utilized in the past three years and temporary measures have been employed to provide electrical service and parking pad. The number of spaces appears to be adequate for now and into the future. I also believe the required improvements for utilities and parking pads are reasonable and provide a minimum standard comparable with other uses identified in the City code. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request and amend the city code to modify the standards , finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2.Disapprove or /Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulations. 3.Approve the request with additional or revised conditions and a finding of fact. 4.Refer the matter to a special committee for a determination of a finding of fact. Recommendation Approve the request to modify the conditional use permit by extending the time frame for completion of the required improved parking pads for the entire facility by the end of the calendar year 2015 and allow for current and continued use finding that the proposed use and application promotes the health, safety, and general welfare of the community, protect property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion A motion to approve the request to modify the conditional use permit and allow for an extension for the completion of the required parking pads to the end of the year 2015, with the conditions identified in the staff memorandum and presented at the City Council meeting and finding that the application conforms to the purpose of the zoning regulations. Grand Island Council Session - 7/23/2013 Page 167 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-1 #2013-247 - Approving Advertising Contract with the Grand Island Independent Staff Contact: Brenda Sutherland Grand Island Council Session - 7/23/2013 Page 168 / 212 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:July 23, 2013 Subject:Approving Contract with Grand Island Independent for Newspaper Advertising Item #’s:I-1 Presenter(s):Brenda Sutherland, Human Resources Director Background The City of Grand Island has entered into contracts with the Grand Island Independent for newspaper advertising in the past. The contracts cover advertising for all departments in the City. Advertising that falls under the heading of “legals” is handled separately as that rate is defined by State bid. The contract with the Independent represents the negotiated line rate for all advertising done in the Independent with the exception of legals. Even though the legals fall under a different rate structure as negotiated under the state contract, the City is given credit towards its commitment for advertising. The City Council was presented this contract on July 9, 2013 and a motion to approve failed. I take responsibility for not clearly communicating the outcome of no negotiated pricing for the City. A call to the Independent to confirm our new pricing structure with no advertising contract in place will nearly double the price the City is currently paying for all advertising with the exception of legals. I believe that is important information for the Council to consider before making a final decision and therefore the proposed contract is being brought back for further consideration. Discussion This contract is a pricing contract only and does not impact the budgeted amount of advertising, only the rate we are charged. 2012 fiscal year advertising totaled $69,007 and this fiscal year, on a year-to-date basis, totals $57,223. The last contract was for a commitment of $30,000. The City has exceeded that amount and therefore it seems prudent to increase the amount of the contract to take advantage of the best pricing possible. The contract being proposed this year is for a $40,000 commitment. This amount is conservative and falls below our current usage. However, Grand Island Council Session - 7/23/2013 Page 169 / 212 should different avenues be used for advertising or a cutback in spending occur, we would then be charged the rate that was appropriate for the actual level of usage. This contract represents negotiated rate pricing. The City will not simply send a check to the Independent for $40,000. Instead, we will pay according to our usage each month. Should our spending fall below the $40,000 rate, our negotiated amount will be adjusted to the $30,000 rate. What we are trying to accomplish with a contract is simply negotiated pricing rather than paying the same amount that anyone walking in off the street would pay. Without a contract, that is the position the City will be in. The contract is attached and the rates are listed. The daily rate has increased from $11.70 to $11.87 and the Sunday rate increased from $11.87 to $12.10. The daily retail rate, which is the rate the City would pay with no contract is place, has increased from $15.16 to $15.66 and the Sunday retail rate has increased from $16.01 to $16.56. As this contract exceeds $20,000, City procurement rules would require the City advertise a RFP or use the bid process to obtain quotes for service. The Council passed Resolution 2011-254 that named the Grand Island Independent as a sole source provider and therefore there were no other quotes obtained. The Grand Island Independent is our only local daily paper. The City does use other local weekly papers and this would not prohibit that practice. In conclusion, without a contract, the City will pay full price advertising rates and the City’s advertising expense will increase substantially. 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 I recommend that the advertising contract with the Grand Island Independent be approved. Sample Motion Move to approve the advertising contract with the Grand Island Independent. Grand Island Council Session - 7/23/2013 Page 170 / 212 Advertising Contract This agreement is made between The Grand Island Independent, hereinafter referred to as the Publisher, and City of Grand Island , hereinafter referred to as the advertiser. Provisions: This contract is an annual dollar volume agreement based on the advertiser’s total planned investment with the Publisher and shall be in effect __June 1, 2013_________ through __May 31, 2014__________ . The advertising rates assigned to the volume levels will be consistent with rates published in the most current Rate Card. The provisions of this contract shall consist of (1) the declarations of the agreement contained in this document and (2) the current Advertising Rate Card of The Grand Island Independent, which includes the Publisher’s policies. The Publisher additionally stipulates that an advertiser bears full responsibility for the payment of all advertising charges. Declarations: 1.In consideration of the Advertiser’s agreement to advertise $_____40,000_______ with The Grand Island Independent, the Advertiser will earn the column inch rates according to the current rate card. 2.In the event the Advertiser does not fulfill the dollar volume agreement, the Publisher will invoice the Advertiser for the difference between the rate billed and the rate earned on the inches that have been published. 3.This agreement may be cancelled by either party by providing a 30 day written notice. In the event the contract is terminated prior to fulfillment, the earned rates will be applied to the published inches. 4.Payment is due the 25th of the month following publication or services. 5.Additional contract entitlements: Classified Rate will be locked in at $11.87 Daily and $12.10 Sunday. Retail Rates will be locked in at $$15.66 Daily and $16.56 Sunday. Authorization: The terms and conditions of the agreement are hereby ratified and placed into force as agreed upon. City of Grand Island Account # 22601_______________________________ ________ Business Name the Independent Representative Date __________________________________ ____________ ______________________________ ___________ Authorized Signature Date the Independent Advertising Director Date Grand Island Council Session - 7/23/2013 Page 171 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-247 WHEREAS, the City of Grand Island advertises in the Grand Island Independent; and WHEREAS, the Grand Island Independent was approved as a sole source provider by the Grand Island City Council under Resolution 2011-254 ; and WHEREAS, the rates listed in the contract will remain in effect from June 1, 2013 until the end of the contract on May 31, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the aforementioned contract with the Grand Island Independent. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 172 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-2 #2013-248 - Consideration of Approving Resolution of Intent to Create Downtown Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 173 / 212 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:July 23, 2013 Subject: Approving Resolution of Intent to Create Downtown Business District 2013 for Five Years. Item #’s:I-2 Presenter(s):Marco Floreani, Community Development Administrator Background The Mayor and Council set preliminary boundaries and appointed an initial Board of Directors to Downtown Business District #13. The Board has recommended formal creation of a new district and the Regional Planning Commission concurs in that recommendation. Discussion Pursuant to the authority given in Neb Rev Stats 19-4015 through 19-4038, cities may create Business Improvement Districts to facilitate improvements and to develop and promote a variety of beneficial activities. The next stage in the process for Downtown Business District #13 is the adoption of a Resolution of Intention to Establish the District. The resolution must contain: a description of the boundaries; the time and place of a hearing to establish the District by Ordinance; the proposed projects, facilities, and improvements for the District; the proposed or estimated costs of the improvements and facilities; and the method of raising revenue. Upon passage of the Resolution of intent, it will be published once in the newspaper and a copy mailed to owners of taxable property in the District giving them notice of the hearing to be held on August 13, 2013. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to adopt the Resolution of Intent to Establish the District. 2.Take no action on the issue Grand Island Council Session - 7/23/2013 Page 174 / 212 Recommendation City Administration recommends that the Council adopt the Resolution of Intent to Establish Downtown Business District #13 setting this matter for hearing on August 13, 2013 at 7:00 p.m. Sample Motion Move to adopt the Resolution of Intent to Establish Downtown Business Improvement District #2013. Grand Island Council Session - 7/23/2013 Page 175 / 212 Budget Proposal Business Improvement District 13 Table 1. Business Improvement District 13 Five-Year Financial Plan Fiscal years beginning October 1, 13-14 14-15 15-16 16-17 17-18 Total BID #8 Revenue 90,000 90,000 90,000 90,000 90,000 450,000 100.00% Retention and Recruitment 18,000 19,000 19,000 19,000 20,000 95,000 21% Main Street Promotions, Advertising, Retention and Recruitment Downtown Beautification 27,000 25,000 25,000 24,000 23,000 124,000 28% Kaufmann Cummings Park, Green Spaces, Historical Lighting, Pedestrian Areas, Streetscape, Signage and Wayfinding Implementation and Maintenance 45,000 46,000 46,000 47,000 47,000 231,000 51% Support Staff, Green Team, City Finance, and Planning Grand Island Council Session - 7/23/2013 Page 176 / 212 Grand Island Council Session - 7/23/2013 Page 177 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-248 WHEREAS, the Downtown Business Improvement Board has recommended that the City of Grand Island create a business improvement district with boundaries in the form hereinafter set forth: and WHEREAS, on June 5, 2013, the Regional Planning Commission recommended approval of the creation of such business improvement district; and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1. The proposed district shall be considered in public hearing before the City Council on August 13, 2013, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 2. District Boundaries. The proposed boundaries of Downtown Business District #13 are described as follows: Beginning at a point being the intersection of the South line of Third Street and the West line of Kimball Avenue; thence South on the West line of Kimball Avenue to a point One Hundred Thirty-Two feet (132’) South of the South line of First Street; thence West on a line One Hundred Thirty-Two fee (132’) South of and parallel to the South line of First Street to the West line of Sycamore Street; thence Southerly on the Westerly line of Sycamore Street to the North line of Court Street; thence Westerly on the North line of Court Street to the West line of Pine Street; thence Southerly on the West line of Pine Street to the North line of Charles Street; thence Westerly on the North line of Charles Street and an extension thereof to the East line of Walnut Street; thence Northerly on the East line of Walnut Street to a point One Hundred Thirty-Two Feet (132’) North of the North line of Division Street; thence West on a line One Hundred Thirty-Two Feet (132’) North of and parallel to the North line of Division Street and an extension thereof to the East line of Cedar Street; thence Northerly on the East line of Cedar Street to the South line of First Street; thence West on the South line of First Street to the West line of Elm Street; thence Southerly on the West line of Elm Street for a distance of One Hundred Thirty-Two Feet (132’); thence Westerly on a line One Hundred Thirty-Two Feet (132’) South of and parallel to the South line of First Street to the East line of Eddy Street; thence Northerly on the East line of Eddy Street to the South line of South Front Street; thence Easterly on the South line of South Front Street to the West line of Oak Street; thence Southerly on the West line of Oak Street to the South line of Third Street; thence Westerly on the South line of Third Street and an extension thereof to the point of beginning. Grand Island Council Session - 7/23/2013 Page 178 / 212 3. Creation of District: Improvements. The proposed work to be performed and specific improvement to be made or maintained within the proposed district shall include: (A) Retention and Recruitment. Downtown Business District #13 will encourage business retention and recruitment through the planning and implementation of Downtown promotions, continued Main Street commitments and downtown investments to attract the attention of people looking for vibrant and welcoming places to dine, shop, live, work and play. Funds have been allocated for each of the five years for Retention and Recruitment, Main Street Promotions, Main Street Contract; and funding in years 1-3 for the research and development of a Downtown Brand/Identity and a Revolving Loan Fund. (i)The development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, in the district area, including, but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance and improvement of communication and image building events and activities, such as holiday events, community events, media activities, newsletters, seasonal and special events and parades and other activities for the benefit of the district. (B) Downtown Beautification. The beautification component of the Downtown Business District #13 budget is comprised of physical improvements to the District. The Board, through a series of informal and formal discussion with downtown property owners, identified a need to augment the existing physical elements in the downtown. By increasing artistic elements, it is believed the personality of the downtown will be strengthened and a sense of place developed. A consistent approach to adding these artistic elements will enhance the uniqueness of downtown and, at the same time, create a pleasant setting to complement the various activities held in the downtown. These physical improvements include, but are not limited to, Kaufmann Cummings Park, planters, murals, sculptures, trees and grates, signs and banners, benches, streetscape, and trash containers. (i)Improvement of any public place or facility in the district area, including landscaping, physical improvements for decoration or security purposes, and plantings, including but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement and associated activities of streetscape and alleyway improvements (ii)Construction or installation of sidewalks, parks, meeting and display facilities, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, and any useful or necessary public improvements, including, but not limited to plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement, and associated activities of street side and other public area projects; (iii)Maintenance, repair, and reconstruction of any improvement’s or facilities authorized by the Business Improvement District Act. -2- Grand Island Council Session - 7/23/2013 Page 179 / 212 (C) Implementation and Maintenance: The talent and resources vested in this district rely upon the successful completion of each project and careful maintenance of the downtown area to ensure the best possible results from the investments of downtown stakeholders, including this District. To accomplish the duties incumbent upon this District in all areas of work described herein, the district may recruit volunteers or secure labor and services for hire: (i)The district may employ or contract for personnel for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, activities, projects, staff, consulting services, materials, equipment, supplies, and services necessary or convenient for the management of the affairs of the business improvement district, to include budget development and supervision, representation of the interests of the district to public and private entities, research, development, travel, training, development and implementation of business and residential recruitment and retention projects, downtown beautification projects and activities which contribute to regaining, sustaining or improving the economic health and viability of the district and the implementation of the goals and objectives of the Business Improvement Board. (ii)Any other project or undertaking for the betterment of the public facilities in the district area, whether the project be capital or noncapital in nature. 4. Term, Annual Budget and Limitations. The proposed district shall become effective on October 1, 2013 for a period of five years to terminate on September 30, 2018. The estimated total annual budget for costs and expenses of the work to be performed within such district during the first year totals $192,637, of which $102,637 will be carried over from fiscal year 2013 and; provided that the maximum amount of the first year’s annual assessment for the district shall not exceed $90,000. In the subsequent four years, the maximum amount of annual assessment and annual budget for the district will not exceed the first year maximum assessment and budget amounts plus an annual increase equal to the amount of the Consumer Price Index or 3%, whichever is less. The assessments levied for the first year shall not exceed $90,000. The district may pursue additional funding (without increasing the district assessments) to complete the amounts for costs and expenses included in the budget. The specific improvements for the first year are listed for purposes of estimating the costs and expenses of performing the proposed work and improvements. Although the district is proposed for a five-year period, the City Council, after public hearing, shall approve an annual budget for specific improvements in each succeeding year consistent with the ordinance creating the district. The City Council retains the authority to change, modify and remove proposed improvements; however, the proposed improvements cannot exceed the scope of improvements and the annual assessment cannot exceed the maximum amounts of the annual assessment as provided by the ordinance creating the district. -3- 5. Method of Assessment. The proposed district shall receive funding from special assessments based upon the special benefits to the property as fairly and equitably assessed by the City Council. The assessments shall be levied annually as a percentage of assessed valuation of taxable property within the district. Based upon the recommendation of the Grand Island Council Session - 7/23/2013 Page 180 / 212 Downtown Business District Board, owner-occupied residential properties within the district will be assessed at 70% of assessed valuation based on their primary benefit from the downtown beautification and maintenance programs. Owners of property exempt from ad valorem taxes are encouraged to support District activities, promotions, and improvements but property exempt from ad valorem taxes will not be subject to special assessment for this Business Improvement District. Property owned by the Federal Government, the State of Nebraska and political subdivisions thereof shall not be subject to special assessment for this Business Improvement District. For mixed use properties that combine owner-occupied residential and other uses, the property owner may submit evidence supporting a pro-rated split of the assessed value (between owner-occupied residential and other uses) for the City Council to consider when sitting as a Board of Equalization. 6.Notice. A copy of this resolution of intention shall be published one time in the Grand Island Independent, and a copy shall be mailed to each owner of taxable property as shown by the latest tax rolls of the Hall County Treasurer. 7.Boundary Lines. Commonly owned properties that are intersected by a boundary line establishing the district shall be considered as entirely within the district unless otherwise determined by the City Council when sitting as a Board of Equalization. 8.Enforcement. The special assessments provided herein shall be a lien on the property assessed superior and prior to all other liens except general taxes and other special assessments which shall be of equal priority. Liens for special assessments may be foreclosed and are subject to interest at the statutory rate when payment of the assessment is delinquent as provided by law. No special assessment made hereunder shall be void for any irregularity, defect, error or informality in procedure, in levy or equalization thereof. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 181 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-3 #2013-249 - Consideration of Approving Resolution of Intent to Create Second Street Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 182 / 212 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:July 23, 2013 Subject:Approving Resolution of Intent to create Second Street Business Improvement District 2013 for One Year Item #’s:I-3 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of June 11, 2013, the Council adopted a resolution defining the boundaries for the Second Street Business Improvement District 2013, from 2nd and Eddy Street to 2nd and Broadwell Street. The Resolution also provided for the formation of the Second Street Business Improvement District 2013 Board and the appointment of Bob Dodendorf, Phil Maltzahn, Bill Raile, Cheryl Nietfeldt, Dave Schaffer, Derek Apfel, Fred Groenke, John Folsom, and Dr. Ryan Waind. The goals include the continued redevelopment of Second Street into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Property owners in this area are organizing their efforts to continue the street improvements that are now evident along the southernmost portions of Second Street, including pedestrian lightning, landscaping, and sidewalks. The Regional Planning Commission, at a meeting on July 10, 2013 reviewed the boundaries, and purposes of the Business Improvement District and by a unanimous vote of the 9 members present recommended the City Council approve the creation of the District. The Second Street BID board 2013 met on July 16, 2013 and voted unanimously to formally recommend that the City Council create the one-year District. The Board reviewed proposed activities in the District and developed a budget for the entire 1- year Grand Island Council Session - 7/23/2013 Page 183 / 212 life of the District. Notification will then be mailed to every property owner in the District as well as published in the Grand Island Independent. Discussion This approval of a resolution of intent to create Second Street Business Improvement District 2014, South Locust Street from 2nd and Eddy Street to 2nd and Broadwell Street. The final step will be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing on August 13, 2013 to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve resolution of intent to create Second Street BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution of intent to create Second Street Business Improvement District 2013 Sample Motion Move to approve resolution of the intention to create Second Street Business Improvement District 2013. Grand Island Council Session - 7/23/2013 Page 184 / 212 Grand Island Council Session - 7/23/2013 Page 185 / 212 Grand Island Council Session - 7/23/2013 Page 186 / 212 SECOND STREET BUSINESS IMPROVEMENT DISTRICT 2013 2010 2011 2012 2013 2013 2014 Actual Actual Actual Budget Forecast Budget Front Footage 7,144 7,144 7,144 7,144 7,144 7,144 Levy (Per Foot)6.00$ 4.50$ 2.00$ 4.50$ 4.50$ 2.00$ REVENUE 94011416 Account 74140 Special Asessments 38,001 31,570 13,815 32,148 32,148 14,288 74787 Interest Revenue 124 123 39 - - - 74795 Other Revenue - 2,376 - 1,000 1,000 11,000 TOTAL REVENUE 38,125 34,069 13,854 33,148 33,148 25,288 APPROPRIATIONS Account 85213 Contract Services 6,892 11,356 12,183 69,900 69,900 16,000 85241 Computer Services - - - - - 85245 Printing & Binding Services 81 74 89 250 250 250 85249 Snow & Ice Removal - - - - - 85290 Other Professional Services 1,500 1,500 1,715 1,500 1,500 1,500 85305 Utility Services - 258 - 1,000 1,000 1,000 85390 Other Property Services - - - - - - 85413 Postage 229 214 184 250 250 250 85416 Advertising - - - - - - 85419 Legal Notices 589 518 494 600 600 600 85422 Dues & Subscriptions - - - - - - 85428 Travel & Training - - - - - - 85490 Other Expenditures - - - - - - 85505 Office Supplies - 9 - - - - 85560 Trees & Shrubs - 1,304 - - - - 85590 Other General Supplies - - - - - - 85608 Land Improvements 3,758 4,282 - 23,000 23,000 5,500 TOTAL OPERATING EXPENSE 13,049 19,514 14,665 96,500 96,500 25,100 ANNUAL EXCESS/(LOSS)25,076 14,555 (811) (63,352) (63,352) 188 Beginning Cash Balance 33,730 58,898 73,544 72,733 72,733 9,381 Revenues 38,125 34,069 13,854 33,148 33,148 25,288 Expenditures 13,049 19,514 14,665 96,500 96,500 25,100 Ending Cash Balance 58,898 73,544 72,733 9,381 9,381 9,569 FOR FISCAL YEARY 2013-2014 Grand Island Council Session - 7/23/2013 Page 187 / 212 Grand Island Council Session - 7/23/2013 Page 188 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-249 WHEREAS, the Business Improvement Board for Second Street Business Improvement District has recommended that the City of Grand Island create a business improvement district along Second Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.The proposed boundaries of the Second Street Business Improvement District are described as follows: Beginning at a point on the Westerly line of Eddy Street, said point being One Hundred Thirty- two Feet (132') Southeast of the Intersection of the Southerly line of Second Street and the Westerly line of Eddy Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of the Easterly line of Greenwich Street; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Greenwich Street to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Greenwich Street; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Greenwich Street to a point One Hundred Thirty-Two Feet (132') Southeast of the Southerly line of Second Street; thence Westerly on a line One Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to a point Sixty-Six Feet (66') Northeast of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to the Northerly line of First Street; thence Westerly on the Northerly line of First Street to a point One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line One hundred thirty-five and sixty-nine hundredths Feet (135.69') Southwest of and parallel to the Westerly line of Broadwell Avenue Sixty-five and seventy-six hundredths feet (65.76’); thence Westerly on a line parallel to the Northerly line of First Street twenty-three Feet (23’); thence Northerly on a line parallel to the Westerly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Southeast of the South line of Second Street; thence Westerly on a line One - 2 - Hundred Thirty-Two Feet (132') Southeast of and parallel to the Southerly line of Second Street to the Easterly line of Garfield Avenue; thence Northerly on the Easterly line of Garfield Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to a point Sixty-Six Feet (66') Southwest of the Westerly line of Broadwell Avenue; thence Northerly on a line Sixty-Six Feet (66') Southwest of and parallel to the Westerly line of Broadwell Avenue to the Southerly line of Grand Island Council Session - 7/23/2013 Page 189 / 212 - 2 - Union Pacific Railroad Right-of-Way; thence Easterly on the Southerly line of Union Pacific Railroad to a point Sixty-Six Feet (66') Northeast of the Easterly line of Broadwell Avenue; thence Southerly on a line Sixty-Six Feet (66') Northeast of and parallel to the Easterly line of Broadwell Avenue to a point One Hundred Thirty-Two Feet (132') Northwest of the Northerly line of Second Street; thence Easterly on a line One Hundred Thirty-Two Feet (132') Northwest of and parallel to the Northerly line of Second Street to the Westerly line of Eddy Street; thence Southeast on the Westerly line of Eddy Street to the point of beginning. 2. The proposed district shall be considered in a public hearing before the City Council on August 13, 2013, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 3.The proposed public facility and improvements to be made and maintained within the proposed district shall include: maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel of Second Street; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses that accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. 4.The estimated one-year assessment for the Second Street Business Improvement District 2013 improvements and facilities as stated in paragraph 3 above are $25,288. The proposed method by which the revenue shall be raised is by special assessment. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 190 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-4 #2013-250 - Consideration of Approving Resolution of Intent to Create Fonner Park Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 191 / 212 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:July 23, 2013 Subject:Approving Resolution of Intent to Create Fonner Park Business Improvement District 2013 for Three Years Item #’s:I-4 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of June 11, 2013 the Council adopted a resolution defining the boundaries for the Fonner Park Business Improvement District 2013, South Locust Street from Stolley Park Road to Fonner Park Road. The Resolution also provided for the formation of the Fonner Park Business Improvement District 2013 Board and the appointment of Hugh Miner, Roy Nenemen, Bennett Chamness, Buzz Douhit, James Goodman, Kris Nolan Brown, and Scott Zana. The goals include the continued redevelopment of South Locust into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. Property owners in this area are organizing their efforts to continue the street improvements that are now evident along the portions of South Locust Street, including pedestrian lightning, landscaping, and sidewalks. The Regional Planning Commission, at a meeting on July 10, 2013 reviewed the boundaries, and purposes of the Business Improvement District and by a unanimous vote of the 9 members present recommended the City Council approve the creation of the District. The Fonner Park BID 2013 board met on July 10, 2013 and voted unanimously to formally recommend that the City Council create the three-year District. The Board reviewed proposed activities in the District and developed a budget for the entire 3 year Grand Island Council Session - 7/23/2013 Page 192 / 212 life of the District. Notification will then be mailed to every property owner in the District as well as published in the Grand Island Independent. Discussion This approval of a resolution of intent to create Fonner Park Street Business Improvement District 2013, South Locust Street from Stolley Park Road to Fonner Park Road. The final step will be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing on August 13, 2013 to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve resolution of intent to create Fonner Park BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution of intent to create Fonner Park Business Improvement District 2013 Sample Motion Move to approve resolution of the intention to create Fonner Park Business Improvement District 2013. Grand Island Council Session - 7/23/2013 Page 193 / 212 Grand Island Council Session - 7/23/2013 Page 194 / 212 2012 2013 2013 2014 2015 2016 Actual Budget Forecast Budget Budget Budget ASSESSMENT PER FRONT FOOTAGE 5.65 7.00 7.00 8.00 8.00 8.00 Front Footage 4,949 4,949 4,949 4,949 4,949 4,949 39,592 39,592 39,592 REVENUE Account 74140 Special Asessments 27,974 34,450 34,450 39,592 39,592 39,592 74787 Interest Revenue 9 - - - - - 74795 Other Revenue - - - - 642 134 TOTAL REVENUE 27,983 34,450 34,450 39,592 40,234 39,726 APPROPRIATIONS Account 85213 Contract Services 16,419 25,000 25,000 27,000 28,000 29,000 85245 Printing & Binding Services 51 100 100 100 100 100 85249 Snow & Ice Removal 1,410 1,500 1,500 1,500 1,500 1,500 85305 Utility Services 3,407 5,000 5,000 5,000 5,000 5,000 85319 Repair & Maint - Land Improve 10,633 1,500 1,500 1,750 2,000 2,500 85413 Postage 71 250 250 250 250 250 85416 Advertising - - - - - - 85419 Legal Notices 308 500 500 500 500 500 85490 Other Expenditures - - - 1,750 1,750 250 85505 Office Supplies - 100 100 100 100 100 85560 Trees and Shrubs 1,941 500 500 1,000 900 500 85590 Other General Supplies - - - - - - TOTAL OPERATING EXPENSE 34,239 34,450 34,450 38,950 40,100 39,700 ANNUAL EXCESS/(LOSS)(6,256) - - 642 134 26 Beginning Cash Balance 9,427 3,171 3,171 3,171 3,813 3,947 Revenues 27,983 34,450 34,450 39,592 40,234 39,726 Expenditures 34,239 34,450 34,450 38,950 40,100 39,700 Ending Cash Balance 3,171 3,171 3,171 3,813 3,947 3,973 FONNER PARK BUSINESS IMPROVEMENT DISTRICT 2013 FOR FISCAL YEAR 2013-2014 Grand Island Council Session - 7/23/2013 Page 195 / 212 Grand Island Council Session - 7/23/2013 Page 196 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-250 WHEREAS, the Business Improvement Board for Fonner Park Business Improvement District 2013 (hereinafter Fonner Park Business Improvement District 2013) has recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.The proposed boundaries of the Fonner Park Business Improvement District are described as follows: Beginning at the southeast corner of Section Twenty One (21), Township Eleven (11) North, range Nine (9) West of the 6th P.M. in Grand Island, Hall County, Nebraska; thence west on a line One Hundred (100.0) feet west of and parallel with the line common to Section 21-11-9 and Section 22-11-9 to the north line of the Southeast Quarter (SE1/4) of Section 21-11-9; thence east on the north line of the Southeast Quarter (SE1/4) of Section 21-11-9 and the north line of the Southwest Quarter (SW1/4) of Section 22-11-9 for distance of Two Hundred (200.0) feet; thence south on a line One Hundred (100.0) feet east of and parallel to the line common to Section 21-11-9 and section 22-11-9 to the south line of Section 22-11-9; thence west on the south line of Section 22-11-9 for a distance of One Hundred (100.0) feet to the point of beginning, as shown on the drawings dated May 28, 2002. 2. The proposed district shall be considered in a public hearing before the City Council on August 13, 2013, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 3.The proposed public facility and improvements to be made and maintained within the proposed district shall include: maintenance and improvement of the landscaped greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel of S. Locust; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses that accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. Grand Island Council Session - 7/23/2013 Page 197 / 212 - 2 - 4.The estimated three-year cost for the Fonner Park Business Improvement District 2013 improvements and facilities as stated in paragraph 3 above are $118,776. The proposed method by which the revenue shall be raised is by special assessment. 5.The proposed special assessment method by which the revenue shall be raised shall be fair and equitable and shall be based upon the special benefit to the property within the district. 6.A copy of this resolution of intention shall be published one time in the Grand Island Independent, and a copy shall be mailed to each owner of the taxable property as shown by the latest rolls of the Hall county Treasurer. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 198 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-5 #2013-251 - Consideration of Approving Resolution of Intent to Create South Locust Street Business Improvement District 2013 Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 199 / 212 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:July 23, 2013 Subject:Approving Resolution of Intent to create South Locust Street Business Improvement District 2013 for Three Years Item #’s:I-5 Presenter(s):Marco Floreani, Community Development Administrator Background At the City Council Meeting of June 11, 2013, the Council adopted a resolution defining the boundaries for the South Locust Street Business Improvement District 2013, from Stolley Park Road to Highway 34. The Resolution also provided for the formation of the South Locust Street Business Improvement District 2013 Board and the appointment of Dan Naranjo, Nate Weiland, William Lawrey, Rhonda Saalfeld, Gene McCloud, and Norman Saale. Property owners in this area are organizing their efforts to continue the street improvements that are now evident along the southernmost portions of South Locust Street, including pedestrian lightning, landscaping, and sidewalks. The goals include the continued redevelopment of South Locust Street into an appealing corridor and entrance into Grand Island. State statute 19-4021, R.R.S. 1943, allows for the creation and implementation of a plan for improving the general architectural design of the public areas within the districts, the development of any public activities and promotion of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, and employing or contracting for personnel for any improvement program under the act. The Regional Planning Commission, at a meeting on July 10, 2013 reviewed the boundaries, and purposes of the Business Improvement District and by a unanimous vote of the 9 members present recommended the City Council approve the creation of the District. The South Locust Street BID 2013 board met on July 17, 2013 and voted unanimously to formally recommend that the City Council create the three-year District. The Board Grand Island Council Session - 7/23/2013 Page 200 / 212 reviewed proposed activities in the District and developed a budget for the entire three- year life of the District. Notification will then be mailed to every property owner in the District as well as published in the Grand Island Independent. Discussion This is a resolution of intent to create South Locust Street Business Improvement District 2013, from Stolley Park Road to Highway 34. The final step will be a period for the property owners in the district to protest the formation of the BID. City Council will then hold a public hearing On August 13, 2013 to create the district. After the hearing Council may pass an ordinance to establish the district. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to Approve resolution of intent to create South Locust Street BID 2013 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution of intent to create South Locust Street Business Improvement District 2013 Sample Motion Move to approve resolution of the intention to create South Locust Street Business Improvement District 2013. Grand Island Council Session - 7/23/2013 Page 201 / 212 Grand Island Council Session - 7/23/2013 Page 202 / 212 2012 2013 2013 2014 2015 2016 Actual Budget Forecast Budget Budget Budget Front Footage 9,814 9,814 9,814 9,814 9,814 9,814 6.00 4.88 4.88 7.00 7.15 7.25 Budgeted Revenue 47,861 68,698 70,170 71,152 REVENUE Account 74140 Special Asessments 59,921 47,892 47,892 68,698 70,170 71,152 74787 Interest Revenue 13 - - - - - 74795 Other Revenue - - - - - - Carry Over TOTAL REVENUE 59,934 47,892 47,892 68,698 70,170 71,152 APPROPRIATIONS Contract Services 28,416 32,000 32,000 36,000 37,000 38,000 Printing & Binding Services 37 - - - - - Snow & Ice Removal 950 2,000 2,000 2,000 2,000 2,000 Other Professional & Tech.- - - - - - Utility Services 6,197 7,000 7,000 7,000 7,000 7,000 Repair & Maint - Land Improv 22,521 9,300 9,300 18,500 18,680 18,865 Repair & Maint - M & E - - - - - - Other Property Services - - - - - - Postage 127 250 250 250 250 250 Advertising - - - - - - Legal Notices 400 500 500 750 750 750 Other Expenditures - - - - 1,500 975 Office Supplies - - - - - - Trees & Shrubs - - - 2,000 2,000 2,000 Other General Supplies - - - - - - Land Improvements - - - 1,500 1,500 1,500 TOTAL OPERATING EXPENSE 58,648 51,050 51,050 68,000 70,680 71,340 ANNUAL EXCESS/(LOSS)1,286 (3,158) (3,158) 698 (510) (188) Beginning Cash Balance 4,406 5,692 5,692 2,534 3,232 2,722 Revenues 59,934 47,892 47,892 68,698 70,170 71,152 Expenditures 58,648 51,050 51,050 68,000 70,680 71,340 Ending Cash Balance 5,692 2,534 2,534 3,232 2,722 2,534 FOR FISCAL YEAR 2013-2014 SOUTH LOCUST STREET BUSINESS IMPROVEMENT DISTRICT 2013 Grand Island Council Session - 7/23/2013 Page 203 / 212 Grand Island Council Session - 7/23/2013 Page 204 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-251 WHEREAS, the Business Improvement Board for South Locust Business Improvement District has recommended that the City of Grand Island create a business improvement district along South Locust Street with boundaries in the form hereinafter set forth; and WHEREAS, on July 10, 2013, the Regional Planning Commission recommended approval of the creation of such a business improvement district, and WHEREAS, the City Council has determined that a public hearing should be held on the proposed business improvement district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that 1.The proposed boundaries of the South Locust Business Improvement District are described as follows: Beginning at the Southeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska; thence West on the South line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Two Hundred Feet (200'); thence Northerly on a line Two Hundred Feet (200') West of and parallel to the East line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the North line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence East on the North line of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the Northeast corner of Section Twenty-Eight (28), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence continuing East on the North line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375'); thence South on a line Three Hundred Seventy-Five Feet (375') East of and parallel to the West line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. to the South line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M.; thence West on the South line of Section Twenty-Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. for a distance of Three Hundred Seventy-Five Feet (375') to the point of beginning. 2. The proposed district shall be considered in a public hearing before the City Council on August 13, 2013, at 7:00 p.m. in the Council Chambers at City Hall in Grand Island, Nebraska. 3.The proposed public facility and improvements to be made and maintained within the proposed district shall include: maintenance and improvement of the landscaped Grand Island Council Session - 7/23/2013 Page 205 / 212 - 2 - greenway; maintenance, repair, improvement and replacement of the sprinkler system in the greenway; regular mowing and trimming of the greenway; all facets of the purchase, care and replacement of trees, shrubs and grass and other decorative improvements; snow removal from sidewalks parallel of S. Locust; employment of or contracting for personnel, purchase of equipment, materials, supplies or other expenses that accomplish the purposes of the district; other incidental or ongoing expenses as needed for the maintenance, improvement and beautification of the green belt area and to accomplish the goals and objectives of the Business Improvement Board of the district. 4.The estimated three-year assessment revenue for the South Locust Business Improvement District 2013 improvements and facilities as stated in paragraph 3 above are $210,906. The proposed method by which the revenue shall be raised is by special assessment. 5.The proposed special assessment method by which the revenue shall be raised shall be fair and equitable and shall be based upon the special benefit to the property within the district. 6.A copy of this resolution of intention shall be published one time in the Grand Island Independent, and a copy shall be mailed to each owner of the taxable property as shown by the latest rolls of the Hall county Treasurer. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 206 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item I-6 #2013-252 - Approving Acceptance of Grand Island as U.S. Dept. of Housing and Urban Development Entitlement Grantee Staff Contact: Marco Floreani Grand Island Council Session - 7/23/2013 Page 207 / 212 Approved as to Form ¤ ___________ July 22, 2013 ¤ City Attorney R E S O L U T I O N 2013-252 WHEREAS, the City of Grand Island, Nebraska, as a designated Metropolitan Statistical Area (MSA), is an eligible unit of a general local government authorized to accept status as an U.S. Department of Housing and Urban Development (HUD) Entitlement Grantee; and WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has identified Grand Island as a MSA and offered the City of Grand Island entitlement status; and WHEREAS, the City of Grand Island may accept or defer entitlement status; and WHEREAS the City must notify HUD, in writing, by September 7, 2013 with intentions to accept or defer entitlement status. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to accept status as a HUD entitlement grantee; and The Mayor is hereby authorized and directed to execute such grant applications and other documentation on behalf of the City of Grand Island for such grant process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 23, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 7/23/2013 Page 208 / 212 Council Agenda Memo From:Marco Floreani, Community Development Administrator Meeting:July 23, 2013 Subject:Approving Acceptance of Grand Island as U.S. Dept. of Housing and Urban Development Entitlement Grantee Item #’s:I-6 Presenter(s):Marco Floreani, Community Development Administrator Background In a letter addressed to Mayor Vavricek, dated June 3, 2013, the City of Grand Island was identified as a potential entitlement grantee for the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant Program (CDBG) in fiscal year 2015. As a Metropolitan Statistical Area (metropolitan cities with populations over 50,000), Grand Island has the opportunity to accept status as an entitlement grantee for the 2015 fiscal year or defer status. Discussion The City of Grand Island has two options in regards to CDBG funding, accept status as an entitlement grantee or defer status as an entitlement program grantee and continue participating through the State CDBG program. The City must notify HUD, in writing, by September 7, 2013 with intentions to accept or defer entitlement status. Should the City choose to accept, the letter to HUD must provide the start date for the City’s CDBG program. City staff recommends that the program year coincide with the City’s fiscal year of October 1st 2014. The program year will be used to set submission dates for the required planning and reporting documents and set timelines for the expenditure of CDBG funds. The CDBG funding the City will receive will vary depending on the federal budget approved by Congress. HUD’s 2014 entitlement funding estimate for Grand Island is $366,214.00. As an entitlement community, the City of Grand Island would receive funds directly from HUD on an annual formula basis. As an entitlement grantee, the City would report directly to HUD and be responsible for all grant administration. The entitlement program funds do not require a local match for CDBG funds, whereas the Nebraska Department of Grand Island Council Session - 7/23/2013 Page 209 / 212 Economic Development Program CDBG funds typically requires a local match of at least 25 percent. After notifying HUD of the City’s intention to participate, Grand Island must develop and submit a Consolidated Plan. The Consolidated Plan acts as the City’s comprehensive planning document under the CDBG program. The Consolidated Plan must be received by the Omaha HUD field office 45 days prior to the program year start date of October 1, 2014. In addition to the Consolidated Plan, the City will also develop and follow a detailed citizen participation plan. The plan should provide opportunities for citizens to participate in the development of the Consolidated Plan and the way CDBG funds are used in the community. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve and accept status as an HUD entitlement grantee and authorize the Mayor to sign all related documents. 2.Refer the issue to a Committee. 3.Postpone the issue to a later date. Recommendation City Administration recommends that Council approves and accepts status for Grand Island as an HUD entitlement grantee and authorize the Mayor to sign all related documents Sample Motion Move to approve status for Grand Island as an HUD entitlement grantee and authorize the Mayor to sign all related documents. Grand Island Council Session - 7/23/2013 Page 210 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of July 10, 2013 through July 23, 2013 The Claims for the period of July 10, 2013 through July 23, 2013 for a total amount of $4,165,596.50. A MOTION is in order. Staff Contact: Jaye Monter Grand Island Council Session - 7/23/2013 Page 211 / 212 City of Grand Island Tuesday, July 23, 2013 Council Session Item X-1 Strategy Session with Respect to Pending Litigation The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Robert Sivick Grand Island Council Session - 7/23/2013 Page 212 / 212