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03-11-2014 City Council Regular Meeting Packet City of Grand Island Tuesday, March 11, 2014 Council Session Packet City Council: Linna Dee Donaldson John Gericke Peg Gilbert Chuck Haase Julie Hehnke Kent Mann Vaughn Minton Mitchell Nickerson Mike Paulick Mark Stelk 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 - 3/11/2014 Page 1 / 185 City of Grand Island Tuesday, March 11, 2014 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 Terry Brandenburg, Peace Lutheran Church, 1710 N. North Road 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 - 3/11/2014 Page 2 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-1 Public Hearing on Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class “C-88739” Liquor License to 3333 Ramada Road Staff Contact: RaNae Edwards Grand Island Council Session - 3/11/2014 Page 3 / 185 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:March 11, 2014 Subject:Public Hearing on Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class “C-88739” Liquor License to 3333 Ramada Road Item #’s:E-1 & I-1 Presenter(s):RaNae Edwards, City Clerk Background Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 has submitted an application for a Change of Location for their Class “C-88739” Liquor License to 3333 Ramada Road. In June 2012, Denny’s requested and received a liquor license which did not include the Convention Center area. Starting in December 2012 we began receiving requests for Special Designated Liquor (SDL) Licenses for the Convention area. We approved four SDLs in a two month period and began discussions with the owner and applicants that the intent of the Liquor Control Commission was not to use SDLs in place of a permanent license. Numerous discussions were held with the owner regarding building and fire code requirements for a permanent liquor license. Approval was given by the City Council on May 9, 2013 to Denny’s for a Liquor License for the area of the Convention Center pending code compliance, which was never attained and subsequently the application was withdrawn. The current applicant is requesting the same location and convention center area. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Attached is the Police Department’s background investigation and recommendation. Grand Island Council Session - 3/11/2014 Page 4 / 185 New discussions with the building owner concerning life safety compliance followed this current application. By the February 11, 2014 Council Meeting, these discussions and a time certain schedule of code compliant actions had not been completed. Further discussion has subsequently taken place. The compliancy issues have been identified and are still incumbent upon the owner of the location. A meeting with the owner and architect has now satisfied the fire and building code officials’ concerns for a reasonable timetable to bring the building into full compliance and at the same time allow for conditions that will provide an equivalent or acceptable standard of safety in the interim with a target completion date of July 2014. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation City staff recommends that the Council approve the application of licensure for the convention area of the facility under the following conditions: 1)Any event with 100 or more people must have a fire watch. 2 security personnel present if attendance is over 200 people; and 3 security personnel present if over 300 people. This condition is in place until such time as all necessary changes to the building are made and completion and passing of final inspections has occurred according to time certain completion dates agreed upon by owner. 2)The owner of the building will meet with building and fire code officials and discuss his commitment to and understanding of the life safety plans under development by his architect and will submit a signed letter of intent. 3)The owner of the building will fulfill obligations to provide an approved schedule and remodel plan to meet code compliance. Sample Motion Move to approve the application for a change of location requested by Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 to 3333 Ramada Road for the Class “C-88739” Liquor License with conditions listed above. Grand Island Council Session - 3/11/2014 Page 5 / 185 Grand Island Council Session - 3/11/2014 Page 6 / 185 Grand Island Council Session - 3/11/2014 Page 7 / 185 02/04/14 Grand Island Police Department 450 09:50 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 15:37:59 02/03/2014 Occurred before : 15:37:59 02/03/2014 When reported : 15:37:59 02/03/2014 Date disposition declared : 02/03/2014 Incident number : L14020259 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 3333 Ramada Rd State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 14250 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 56540 02/03/14 Williams, Misti A Owner NM 64076 02/03/14 Williams, Casey J Owner NM 69835 02/03/14 Howard Johnson Riverside Inn, Establishment NM 156454 02/03/14 Full Circle Venue, Establishment LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT14 LT14 Hotel/Motel/Etc. LAW INCIDENT NARRATIVE: Full Circle Venue is Requesting a Change of Location for Their Liquor License. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama Grand Island Council Session - 3/11/2014 Page 8 / 185 -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 15:58:29 02/03/2014 318 Grand Island Police Department Supplemental Report Date, Time: Mon Feb 03 15:58:40 CST 2014 Reporting Officer: Vitera Unit- CID Full Circle Venue is trying to change the location of their liquor license from 1010 N. Diers Ave. Suite 4 to 3333 Ramada Road. I did the original investigation when Full Circle Venue received its license over three and one half years ago. Since then, we have had very few problems with Full Circle Venue. I did a quick check on the owners (Misti and Casey Williams) to see if their criminal history had significantly changed. I looked up Misti and Casey in Spillman and NCJIS. Casey had nothing new in NCJIS. Misti had an alcohol sale to a minor on 12/9/11. They each had a couple of new entries in Spillman but nothing too damaging to their liquor license. It is my understanding that the Fire Department and the Building Department have serious concerns about the building located at 3333 Ramada Road and have been trying to work with the manager and owner of the building to address their concerns. SDL requests have recently been denied due to their safety concerns. Since the SDL's have been denied, a permanent license is also out of the question until the safety issues are resolved. In summary, from strictly a law enforcement perspective that is concerned with criminal activity of the owners/applicants of Full Circle Venue and the business itself, the Grand Island Police Department would normally not object to this change of location due to the lack of such activity. However, knowing that the Fire Department and the Building Department will not approve of a liquor license at this location until corrective action is taken or at least planned, the Police Department will acknowledge their concerns and yield to their position and not give a positive recommendation until one is given by them. Grand Island Council Session - 3/11/2014 Page 9 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-2 Public Hearing on Request from Garry & Jeanne Williams and Midland Ag Service, Inc. for a Conditional Use Permit for a Sand and Gravel Mining Operation located at 1672 South Shady Bend Road and 3116 Stolley Park Road Staff Contact: Craig Lewis Grand Island Council Session - 3/11/2014 Page 10 / 185 Council Agenda Memo From :Craig A. Lewis, Building Department Director Meeting: March 11, 2014 Subject: Public Hearing on Request of Lyman-Richey Corp. dba Central Sand and Gravel for a Conditional Use Permit to Continue to Operate a Sand and Gravel Mining Operation at 1672 S. Shady Bend Road Garry and Jeanne Williams are the Owners of Tract “A” 56 acres located within the North One-Half of the Southeast Quarter Section of 23-11-9 Midland Ag. Services, Inc. Roger Luebbe President is the Owner of Tract “B” 72 acres located within the South One-Half of the Southwest and Southeast Quarter of Section 23-11-9 in Hall County Item #’s:E-2 & H-1 Presenter:Craig Lewis, Building Department Director Background This request is for council approval for the continued operation of a sand and gravel mining operation at the above referenced address. A conditional use permit is required as the current zoning classification, TA or Transitional Agriculture, does not allow for this type of use as a permitted principal use. The zoning classification does list as a permitted conditional use, commercial mines, quarries, sand and gravel pits and accessory uses. Conditional uses as listed in the zoning code must be approved by the City Council. The original request was presented to and approved by the City Council on March 27, 2007 for a 7 year period. Discussion Sand and gravel operations have been a part of Grand Island and the surrounding areas for a long time. As residential development continues to expand and the two uses become closer neighbors more conditions need to be implemented to assure a compatible existence for both uses. Grand Island Council Session - 3/11/2014 Page 11 / 185 City administration has developed the following restrictions, or conditions which appear appropriate to impose upon sand and gravel operations, these conditions were imposed on the original approval and appear appropriate for the continued use. 1). USE: The proposed uses are limited to those listed in the application, sand and gravel pumping processing, storage, stocking piling, distribution, and sales, both wholesale and retail. Retail sale may also include the sale of black dirt, river rock, and similar landscaping materials. The storage, recycling, or processing of other aggregate materials, such as asphalt or concrete is not allowable unless specifically listed, nor are the operation of concrete or asphalt batch plants. 2). CLOSURE: A drawing of the proposed development of the property after the closing of the sand and gravel operation was provided with the original application. The finished width of the developable property at the time the operation of mining is terminated shall be 300’ adjacent to any public right of way and 200’ adjacent to neighboring property lines. 3). PRIMARY CONDITIONS: (a). The permit shall be granted for a period not to exceed 10 years with the possibility of renewal for an additional time at the end of the 10 year period. (b).Pumping of product shall not be allowed within 150 feet of any public road right of way and protected by a 6 foot earthen berm during pumping. The finished width of developable property adjacent to the public right of way shall be 300 feet at the time of termination of the operation. A setback of 100 feet from any adjacent property line shall be maintained. (c).Pumping and other activities (including lighting) at the site shall be limited to daylight hours, (15) minutes before sunrise and (15) minutes after sunset Mondays through Fridays. No pumping or other processing activities shall be permitted on Sundays or from fifteen minutes after sunset to fifteen minutes before sunrise. Applicant shall cease pumping operations at noon on Saturdays and no pumping or hauling will be allowed on Sundays. One exception to this condition shall be in the months of March, April, October, and November where activities may operate from 6:00 a.m. to 10:00 p.m.to allow for winter conditions. (d). Any internal combustion pump motors utilized shall be equipped with a functioning “hospital grade muffler” designed to reduce exhaust noise by 32 to 40 decibels. (e). Materials and equipment shall not be stored on the property within any easements or the regulated floodway as determined by the Federal Emergency Management Agency or its successor and the entity with jurisdiction and authority to enforce floodplain regulations. No product, material or equipment shall be stored within an easement or in such a manor that it would violate any safety provisions of the National Electric Safety Code. (f). All dead trees, rubbish, and debris, if any, must be cleared from the real estate as soon as practical and such real estate must, at all times, be kept in a clean and neat condition. (g). No trash, rubbish, debris, dead trees, lumber, bricks, refuse or junk material of any nature whatsoever shall be dumped, placed or located upon such real estate. (h). Applicant shall not use the real estate in any way so as to create or result in an unreasonable hazard or nuisance to adjacent land owners or to the general public. (i). Applicant shall maintain any and all drainage ditches that may be located upon the real property. Grand Island Council Session - 3/11/2014 Page 12 / 185 (j). Applicant shall not permit the hauling of sand and gravel from the premises and over and across any public highway or road unless said sand and gravel is completely dry and free from water or is hauled in trucks which are designed and equipped so as to prevent water from leaking onto the traveled portion of the roadbed. (k). All water accumulated upon the premises by virtue of such mining and pumping operations shall be retained upon the premises and shall not flow upon or encroach upon any adjacent land. Only surface waters that have historically flowed from the premises shall be permitted to leave the same through historical natural drainage ways. (l). Applicant shall continue the mining operation but if, at anytime during the life of the permit issued, the operation shall cease for a period of a continuous 18 months, the permit shall become void and a renewal shall be obtained before becoming once again operational. An additional request is to incorporate a small fishing pond on Midland Ag’s property to the north with the proposed lake development. This request would allow access from the existing pond to the developed lake. The proposal would be to maintain 150’ of land along the east and west property lines adjacent to the pond and provide approximately 300’ of common lake along the common property line. ALTERNATIVES It appears the Council has the following alternatives concerning the issue: 1.Approve the request with the proposed conditions, finding that the proposed application is and will continue to be in conformance with the purpose of the zoning regulations. 2.Deny the request, finding that the proposed application does not conform to the purpose of the zoning regulation. 3.Approve the request with additional or revised conditions and a finding of fact. 4.Refer the matter to a special committee for a determination of a finding of fact. RECOMMENDATION Approve the request with conditions as stated above assuming the City Council finds that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. SAMPLE MOTION Move to approve the conditional use with the conditions identified by the City Administration, published in the Council packet and presented at the Council meeting, and finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 3/11/2014 Page 13 / 185 Grand Island Council Session - 3/11/2014 Page 14 / 185 Grand Island Council Session - 3/11/2014 Page 15 / 185 SHADY BEND RD SSTOLLEY PARK RD E LOCATION MAP 100' ¯ 100' 100' 150' 150' 200'200' 200' 300' 300' Legend 150' Boundary 200' Boundary 300' Boundary Pumping Restrictions-150' R.O.W.100' Property Line TRACT " A " TRACT " B " Grand Island Council Session - 3/11/2014 Page 16 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-3 Public Hearing on Request from Central Nebraska Transload I, LLC, 4331 Juergen Road for a Conditional Use Permit for a Chemical/Hazardous Material Transload (Rail Car to Truck) Facility located at 1213-1215 & 1221 East Hwy 30 Staff Contact: Craig Lewis Grand Island Council Session - 3/11/2014 Page 17 / 185 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:March 11, 2014 Subject:Conditional Use Permit for Temporary Use as Chemical Warehouse and Distribution Facility at 1213-1215 &1221 East Highway #30 Item #’s:E-3 & H-2 Presenter(s):Craig Lewis, Building Department Director Background This is a request of Central Nebraska Transload l, LLC to allow for the approval of a three year temporary use for a chemical warehouse and distribution facility. The property is currently zoned M-2 Heavy Manufacturing. The zoning classification requires chemicals, industrial, nonhazardous, wholesale uses to come before the City Council and receive approval in the form of a conditional use permit. The City Code does provide for City Council approval of temporary uses, not to exceed two years in undeveloped areas and six months in developed areas. Discussion The City Code does identify temporary uses as an authorized conditional use and also list as a conditional use chemical wholesale facilities. This request is to warehouse chemicals in railcar tankers on site and then transfer the chemical to truck tankers for distribution to customers. Two to four railcar tankers of Sodium Hydroxide and three to six railcar tankers of Sulfuric Acid per month is proposed to be stored and trans loaded. The Fire department has reviewed this proposal and would recommend approval with the conditions that the operations and storage comply with the requirements of Fire codes and NFPA life safety codes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/11/2014 Page 18 / 185 1.Approve the request with the proposed conditions, 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 if all conditions are met as presented by City Administration and if the City Council finds that the proposed use and application promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the conditional use with the conditions identified by the City Administration, published in the Council packet and presented at the Council meeting, finding that the application conforms with the purpose of the zoning regulations. Grand Island Council Session - 3/11/2014 Page 19 / 185 Grand Island Council Session - 3/11/2014 Page 20 / 185 TALC DRUS H IG H W A Y 30 EU S H IG HW A Y 30 E -2-2P U B L I C S A F E T Y D R UP Railroad SpurBNSF Railroad Main Line UP Railroad SpurOFF LOADINGAREA LOCATION MAP ¯ R.R. TANKERSTORAGEAREA Grand Island Council Session - 3/11/2014 Page 21 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-4 Public Hearing on Vacating the Street and Alley Right-of-Way and Easements - Groff Street, Alley in Block 9, and Easements all within Joehnck's Addition to the City of Grand Island Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/11/2014 Page 22 / 185 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:March 11, 2014 Subject:Ordinance # 9474 - Vacation of Part of Groff Street, the Alley in Block Nine, and Easements within Joehnck’s Addition to the City of Grand Island Item #’s:E-4 & F-1 Presenter(s):Timothy Luchsinger, Utilities Director Background The Burdick Station Power Plant campus is located on the property between Cherry Street and the BNSF Railroad. The area houses the Power Plant and related substations, the Phelps Control Center, and material storage areas for the Electric Department. The Utilities Department needs to vacate a part of Groff Street, the alley in Block Nine (9), and utility easements all within the referenced property being a part of Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska. Attached are two maps for reference. Discussion The property is wholly owned by the City and the areas requested to be vacated are maintained for the operation of the Burdick Station Power Plant and Control Center’s operations. The entire area is restricted from public access in conformance with federal regulations. Vacation of the various tracts will clean up abnormalities in the property rights and allow for proper use, operations and maintenance of the lands. 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 - 3/11/2014 Page 23 / 185 Recommendation City Administration recommends that the Council approve Ordinance No. 9474, to vacate part of Groff Street, the alley in Block Nine (9), and easements all within Joehnck’s Addition to the City of Grand Island. Sample Motion Move to approve Ordinance No. 9474, to vacate part of Groff Street, the alley in Block Nine (9), and easements all within Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 3/11/2014 Page 24 / 185 Grand Island Council Session - 3/11/2014 Page 25 / 185 Grand Island Council Session - 3/11/2014 Page 26 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-5 Public Hearing on Acquisition of Property for the North End of Moores Creek Drainway (Stahla) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 27 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Public Hearing on Acquisition of Property for the North End of Moores Creek Drainway (Stahla) Item #’s:E-5 & G-9 Presenter(s):John Collins PE, Public Works Director Background On September 10, 2013 the City’s Legal Department requested authorization to acquire approximately 80 acres of pasture land located north of Eagle Scout Lake along Highway 2 through eminent domain. Such request was postponed to the September 24, 2013 council meeting, and once again to the October 8, 2013 council meeting when approval to pursue such action was received through Resolution No. 2013-310. City staff made reasonable offers to the listed owner, for purchase of such land, in excess of the fair market value to no avail. On October 1, 2013 City legal staff met with the property owner and his attorney to again attempt to negotiate a purchase price for the property in question. The property owner held fast in his demand for a price per acre far in excess of fair market value. Consequently, his demand was rejected by City legal staff. Nebraska State Statute Section 19-709, R.R.S. 1943, authorizes the City to appropriate private property for use of the City for public facilities. Since the proposed use of the land is for a public purpose, Chapter 76, Article 7 of the Nebraska Revised Statutes permits the City to acquire it through eminent domain. Discussion The Public Works Department wishes to convert this parcel into a detention cell to allow the City of Grand Island to better control storm water runoff and drainage affecting Northwest Grand Island. Grand Island Council Session - 3/11/2014 Page 28 / 185 A Petition to Condemn Real Property was filed in the Hall County Court for the approximately 80 acres of pasture land. On January 31, 2014 the Report of Appraisers was filed by Hall County Court with a determination that the amount of damages suffered by the Condemnee, Bob Stahla Mobile Home Service, Inc. is $230,340.00. 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 conduct a Public Hearing and approve acquisition of such land, in the amount of $230,340.00. Sample Motion Move to approve the acquisition of the land from Bob Stahla Mobile Home Service, Inc., of Grand Island, Nebraska. Grand Island Council Session - 3/11/2014 Page 29 / 185 Grand Island Council Session - 3/11/2014 Page 30 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T - Sanitary Sewer Extension to Interstate 80 (Lawney L. Rathman) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 31 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Public Hearing on Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Lawney L. Rathman) Item #’s:E-6 & G-14 Presenter(s):John Collins PE, Public Works Director Background A public utility easement is needed to accommodate the extension of sanitary sewer to Interstate 80. The public utility easement will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easement. Such sanitary sewer district was created by City Council through Ordinance No. 9348 at the December 6, 2011 meeting. Discussion The purchase price of the necessary public utility easement is as follows, and has been agreed upon between the City and the property owner. Property Owner Legal Description Amount Lawney L. Rathman Revocable Living Trust PERMANENT EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 177.10 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF $34,292.00 Grand Island Council Session - 3/11/2014 Page 32 / 185 BEGINNING; THENCE CONTINUING S86o48’58”W ALONG SAID SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 30.03 FEET; THENCE N00o48’35”W PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1179.31 FEET; THENCE N88o22’17”E A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281; THENCE S00o48’35”E ALONG SAID WEST RIGHT- OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1178.49 FEET OF THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 35,367 SQUARE FEET OR 0.812 ACRES MORE OR LESS. AND PERMANENT EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 152.10 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEINNING; THENCE S00o43’06”:E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 220.79 FEET; THENCE S12o20’17”W A DISTANCE OF 420.40 FEET TO THE WEST RIGHT-OF- WAY LINE OF U.S. HIGHWAY #281; THENCE S00o36’02”E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2019.47 FEET TO THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o54’01”W ALONG SAID SOUTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 30.03 FEET; THENCE N00o36’02”W PARALLEL WITH AND 30.00 FEET WEST OF SAID RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2024.18 FEET; THENCE N12o20’17”E A DISTANCE OF 395.58 FEET; THENCE N05o21’00”W A DISTANCE OF 239.93 FEET TO THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE N86o48’58”E ALONG SAID NORTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 55.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 83,421 SQUARE FEET OR 1.915 ACRES MORE OR LESS. Grand Island Council Session - 3/11/2014 Page 33 / 185 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 acquisition of the necessary Public Utility Easement. Sample Motion Move to approve the acquisition of the necessary Public Utility Easement. Grand Island Council Session - 3/11/2014 Page 34 / 185 Grand Island Council Session - 3/11/2014 Page 35 / 185 Grand Island Council Session - 3/11/2014 Page 36 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item F-1 #9474 - Consideration of Vacating the Street and Alley Right-of- Way and Easements - Groff Street, the Alley in Block 9, and Easements all within Joehnck's Addition to the City of Grand Island This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/11/2014 Page 37 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney * This Space Reserved for Register of Deeds* ORDINANCE NO. 9474 An ordinance to vacate part of Groff Street, the alley in Block Nine (9), and easements all within Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska, and to provide the effective date thereof. WHEREAS, the City of Grand Island, as owner of all land abutting the following street, alley, and easements, has determined the necessity of vacating such street, alley, and easement; and WHEREAS, the City Council, after public hearing on March 11, 2014 approved the vacating of such street, alley, and easements; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1 That the portion of Groff Street from the easterly line of Cherry Street to the westerly line of vacated Poplar Street, all in Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska, be, and the same is hereby vacated. SECTION 2 The title to said vacated Groff Street shall remain vested in the City of Grand Island, Nebraska. Grand Island Council Session - 3/11/2014 Page 38 / 185 ORDINANCE NO. 9474 (Continued) - 2 - SECTION 3 That the alley in Block Nine (9) Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska, be, and the same is hereby vacated. SECTION 4 The title to said vacated alley shall remain vested in the City of Grand Island, Nebraska. SECTION 5 That the easements in Block Five (5), and Block Eight (8) Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska, as retained by Ordinance #2845; the easement in Block Four (4) Joehnck’s Addition to the City of Grand Island, Hall County, Nebraska, as retained by Ordinance #3326; and the easement in vacated Poplar Street, as retained by Ordinance #4703; be, and the same are hereby vacated. SECTION 6 That a certified copy of this ordinance is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7 That this ordinance shall be in force and take effect from and after its passage and approval, and publication within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 11, 2014. ____________________________ Jay Vavricek, Mayor Attest: __________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 39 / 185 Grand Island Council Session - 3/11/2014 Page 40 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item F-2 #9475 - Consideration of Amending Chapter 8 of the Grand Island City Code Relative to Buildings Staff Contact: Craig Lewis Grand Island Council Session - 3/11/2014 Page 41 / 185 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:March 11, 2014 Subject:Amendment to Chapter 8 of the Grand Island City Code to Adopt the 2012 International Building Code and the 2012 International Residential Code Item #’s:F-2 Presenter(s):Craig Lewis, Building Department Director Background The City of Grand Island has for generations adopted and enforced building codes which regulate the construction of buildings within the City and jurisdictional areas. The purpose of these codes is to provide minimum requirements to safeguard the public safety, health and general welfare, through affordability, structural strength, means of egress facilities, stability, sanitation, light and ventilation, energy conversation and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to firefighters and emergency responders during emergency operations. Discussion The City currently adopts and enforces the 2009 edition of the International Building and Residential codes as published by the International Code Council. The Building Code Advisory Board has recently reviewed the 2012 editions of these two codes and recommends their adoption with the revisions as outlined in the attached amended Chapter 8 of the City Code. The State of Nebraska does require that political subdivisions who enforce building codes adopt the State Building Code, which is the latest edition of the International codes. The 2012 edition is the latest edition. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/11/2014 Page 42 / 185 1.Approve the request and amend the City Code to adopt the International Building and Residential codes. 2.Disapprove or /Deny the request. 3.Modify the conditional use to meet the wishes of the Council 4.Table the issue Recommendation City Administration recommends that the Council approve the recommendation of the Building Code Advisory Board and amend Chapter 8 to adopt the 2012 International Building and Residential codes and begin enforcement April 15, 2014. Sample Motion Move to approve Ordinance #9475 amending Chapter 8 of the Grand Island City Code and adopting the 2012 editions of the International Building and Residential Codes. Grand Island Council Session - 3/11/2014 Page 43 / 185 Approved as to Form ¤ ___________ March 6, 2014 ¤ City Attorney ORDINANCE NO. 9475 An ordinance to amend Chapter 8 of the Grand Island City Code; to amend Sections 8-1 through 8-4; Sections 8-7; 8-9.1; 8-9.2; 8-15; 8-16; 8-18; and 8-19 and add Section 8-20.1 to make general corrections to various code sections as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 8-1 through 8-4; Sections 8-7; 8-9.1; 8-9.2; 8-15; 8-16; 8-18; 8-19 and 8-20.1 of the Grand Island City Code are hereby amended to read as follows: Article I. General Division 1. International Building Code §8-1. International Building Code (IBC) Adopted The International Building Code, 201209 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. The following sections of the Appendix shall also be adopted: Appendix C Group U – Agricultural Buildings Appendix I – Patio Covers One copy of the International Building Code, 201209 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-2. International Residential Code (IRC) Adopted The International Residential Code, 201209 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. One copy of the International Residential Code, 201209 Edition, and all supplements or amendments thereto shall be filed in the office of the City Clerk as provided by law. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Grand Island Council Session - 3/11/2014 Page 44 / 185 ORDINANCE NO. 9475 (Cont.) 2 Amended by Ordinance No. 9365, effective 03-30-2012 §8-3. International Building Code (IBC) and International Residential Code (IRC); Standards Adopted The following standards shall be used with the International Building Code and the International Residential Code adopted by §8-1 and §8-2 above: Acceptable Wind Load Design Procedures: 201209 I.B.C. - Basic Wind Speed 90 mph The ultimate design wind speed shall be 120 mph, in risk category II,III,&IV. Exposure C only Roof Snow Load - 30 pounds per sq. ft. Frost Depth - 36 inch minimum Seismic Design Category A, Site Class D IRC, Table R301.5 Amend live load for sleeping rooms from 30 pounds to 40 pounds per square foot. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 §8-4. IBC - Certain Sections Not Adopted It is especially provided that the following chapters, sections, and tables of the International Building Code are not adopted or approved, and the same shall be of no force and effect: Chapter 1 Section 101.4.1 Gas Section 101.4.2 Mechanical Section 101.4.3 Plumbing Section 101.4.4 Property Maintenance Section 101.4.6 Energy Section 103 Department of Safety Section 106 Floor and Roof design Loads Section 107.2.5.1 Design Flood Elevations Section 108 Temporary Structures and Uses Section 112 Service Utilities Section 113 Board of Appeals Chapter 13 – Energy Efficiency Section 1809.5 – Frost Protection; #2 Constructing in accordance with ASCE-32, and Exception: 1,2,3. Chapter 27 – Electrical Chapter 28 – Mechanical Chapter 30 – Elevators and Conveying Systems Chapter 32 – Encroachments into the Public Right-of-Way Chapter 33 – Safeguards During Construction Chapter 34 – Existing Structures Appendix A Employee Qualifications Appendix B Board of Appeals Appendix D Fire Districts Appendix E Supplementary Accessibility Requirements Appendix F Rodent Proofing Grand Island Council Session - 3/11/2014 Page 45 / 185 ORDINANCE NO. 9475 (Cont.) 3 Appendix G Flood-Resistant Construction Appendix H Signs Appendix J Grading Appendix K Administrative Provisions Appendix L Earthquake Recording Instrumentation Appendix M Tsunami-Generated Flood Hazard Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-7. IBC - Amendment of Section 1704 Section 1704.21 of the International Building Code is hereby amended in part to read as follows: Section 1704.2 General. Where application is made for construction as described in this section, the owner or the registered design professional in responsible charge acting as the owner's agent may be required to employ one or more special inspectors to provide inspections during construction on the types of work listed under Section 17054. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-9.1. IBC – Amend Section 309 by adding section 309.3 Tenant Separation A tenant separation wall complying with section 7089 shall be required between any tenant space in all buildings with independent tenants with exits to the exterior. Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-9.2. IBC – Amend Section 406.31.2 #2 by adding 2’ or more in residential zoned properties. Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-15. Amend Chapter 29 section 2901.1 replace reference to International Plumbing code to Uniform Plumbing Code and International Private Sewage Disposal Code to State of Nebraska Title 124. Amend table 2902.1 footnote F replace the number 15 to 30. Reserved Amended by Ordinance No. 8955, effective 03-31-2005 Amended by Ordinance No. 9365, effective 03-30-2012 §8-16. IRC – Amendment of Table R301.2(1) and Table 301.5 Section R301.2 of the International Residential Code is hereby amended by adding criteria as set forth in Table R301.2(1). Ground snow load – 25# Wind Speed -- 90 Seismic Design Category A, Site Class D. Weathering --sever Frost line Depth --36” Termite -- M/H Winter Design Temp -- -3 Ice Barrier Underlayment Required – NO Flood Hazard – Firm Air Freezing Index -- >1000-2000 Mean Annual Temp – 50 F Grand Island Council Session - 3/11/2014 Page 46 / 185 ORDINANCE NO. 9475 (Cont.) 4 Amend Table R301.5 Minimum Uniform Distributed Live Loads – Sleeping Rooms – 40# Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-18. IRC. Amend Section R302.5.1 and R501.3 Section R302.5.1 Opening protection., delete, equipped with a self-closing device. Section R501.3 Fire protection of floors, delete entire section. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9162, effective 05-01-2008 Amended by Ordinance No. 9365, effective 03-30-2012 §8-19. IRC – Amendment of Section R311.7.5.14 Section R311.7.5.11 of the International Residential Code is hereby amended to reflect that the maximum riser height shall be 8 inches. Amended by Ordinance No. 8955, effective 3-31-2005 Amended by Ordinance No. 9365, effective 03-30-2012 §8-20.1 IRC Section R907 Reroof #2. Add or asphalt shingle. #3. Delete SECTION 2. Sections 8-1 through 8-4; Sections 8-7; 8-9.1; 8-9.2; 8-15; 8-16; 8- 18; 8-19 and 8-20.1 as now existing, and any ordinances or parts of ordinances in conflict herewith are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect April 15, 2014 and shall be published within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 11, 2014. ______________________________ Jay Vavricek, Mayor Attest: ____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 47 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item F-3 #9476 - Consideration of Vacation of a Utility Easement Located in Copper Creek Estates Subdivision (The Guarantee Group, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 48 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Consideration of Vacation of a Utility Easement Located in Copper Creek Estates Subdivision (The Guarantee Group, LLC) Item #’s:F-3 Presenter(s):John Collins PE, Public Works Director Background A utility easement was dedicated with the original Copper Creek Estates Subdivision plat on January 31, 2006. Such easement is not necessary to accommodate existing or proposed utilities and vacating it will support the new plat, which will be Copper Creek Estates Seventh Subdivision. Discussion The developer/property owner of Cooper Creek Estates Subdivision is requesting to vacate the originally dedicated easement. There are no utilities currently within this easement that will be affected by this vacation. The attached sketch details the referenced easement to be vacated. 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 - 3/11/2014 Page 49 / 185 Recommendation City Administration recommends that the Council pass an ordinance vacating the easement located in Copper Creek Estates Subdivision. Sample Motion Move to pass an ordinance vacating the easement. Grand Island Council Session - 3/11/2014 Page 50 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9476 An ordinance to vacate existing utility easement and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That an existing utility easement within Copper Creek Estates Subdivision in Grand Island, Hall County, Nebraska, more particularly described as follows: A TRACT OF LAND COMPORISING THE SOUTHERLY TEN (10) FEET OF LOTS EIGHT NINE (89), NIENTY (90), NINETY ONE (91) AND NINETY TWO (92); THE WESTERLY TEN (10) FEET OF THE SOUTHERLY SEVENTY FIVE (75) FEET OF THE NORTHERLY EIGHTY (80) FEET OF LOT EIGHTY NINE (89), NINETY (90), NINETY ONE (91) AND NINETY TWO (92); AND THE EASTERLY TEN (10) FEET OF THE SOUTHERLY SEVENTY FIVE (75) FEET OF THE NORTHERLY EIGHTY (80) FEET OF LOT NINETY TWO 92), ALL IN COPPER CREEK ESTATES SUBDIVISION, IN THE CITY OF GRAND ISLAND, NEBRASKA, SAID TRACT CONTAINING 5700 SQ. FT. MORE OR LESS. is hereby vacated. Such easement to be vacated is shown and more particularly described on Exhibit A attached hereto. Grand Island Council Session - 3/11/2014 Page 51 / 185 ORDINANCE NO. 9476 (Cont.) - 2 - SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: March 11, 2014 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 52 / 185 Grand Island Council Session - 3/11/2014 Page 53 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item F-4 #9477 - Consideration of Setting Forth Gender Neutral Calculation for Pre-84 Police Pension Staff Contact: Robert Sivick Grand Island Council Session - 3/11/2014 Page 54 / 185 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:March 11, 2014 Subject:Consideration of Setting Forth a Method for Calculating Gender Neutral Lump Sum Pension Benefits for Pre- 1984 Police Retirees Item #’s:F-4 Presenter(s): Robert J. Sivick, City Attorney Background In 1983 the Nebraska Legislature passed LB237 which contained the Police Officers Retirement Act (Act), codified in Article 10(a) of Chapter 16, §§16-1001 - 1019 of the Nebraska Revised Statutes. The Act and the resulting statutes addressed issues regarding pensions for police officers employed by Cities of the First Class. In November, 2012 it was discovered in 2005 the Police Pension Committee (Committee) ceased calculating lump sum pension benefits for pre-84 police retirees on a gender specific basis. On February 5, 2013 the Grand Island City Council (Council) approved Resolution 2013-26(B) which directed the Committee to henceforth calculate those benefits on a gender specific basis. In April, 2013 retired Grand Island Police Captain Peter E. Kortum filed a complaint against the City of Grand Island (City) with the United States Equal Employment Opportunity Commission (USEEOC) alleging he suffered discrimination on the basis of his gender when the City calculated his lump sum pension benefits. Shortly thereafter five other current Grand Island Police Officers hired prior to 1984 also filed complaints with the USEEOC alleging they would face gender discrimination when they retired. In July, 2013 the USEEOC issued a determination there was reason to believe Captain Kortum suffered gender discrimination on the basis of how his lump sum pension benefits were calculated. Rather than litigating the matter the City entered into settlement negotiations with Captain Kortum and the USEEOC. On November 26, 2013 the Council approved Resolution 2013-376 setting forth a monetary settlement between the City and Captain Kortum. Grand Island Council Session - 3/11/2014 Page 55 / 185 However, the passage of Resolution 2013-376 did not settle the City’s dispute with the USEEOC or the five other police officers alleging prospective gender discrimination. City legal staff negotiated terms which include a provision the City will not admit violating any provision of Title VII of the Civil Rights Act of 1964 which prohibits various forms of discrimination. In addition, City legal staff negotiated a term the City’s governing body, that being the Council, will set forth a method of calculating lump sum police pension benefits on a gender neutral basis. The Ordinance before you for consideration tonight does so. Discussion This matter arose largely because the Act was poorly drafted in 1983 and contained numerous inconsistencies. In particular, §16-1002(1) of the Act requires, “[a]ll actuarial and mortality assumptions adopted by the city or retirement committee shall be on a sex- neutral basis”. In contrast, §16-1007(2)(c) of the Act requires lump sum pension benefits be calculated based on “the average of the cost of three annuity contracts purchased on the open market.” City staff discovered gender neutral annuity products were unavailable for purchase in Nebraska and the gender neutral annuity quotes used to calculate benefits were actually quotes for females. This vastly increased the cost borne by the City’s taxpayers as the purchase price of an annuity for a female of a particular age is much higher than that for a male of the same age due to the longer life expectancy of females. Given this situation it was difficult if not impossible for the City to comply with the Act as presently written. Grand Island City staff in conjunction with the staff of other First Class Cities and the League of Nebraska Municipalities worked with Senator Mike Gloor in drafting LB 929 which was amended into LB 759 last week. That bill sets forth a definition of “sex neutral” and a method of calculating lump sum pension benefits on a gender neutral basis. The language of proposed Ordinance 9477 mirrors the language of LB 759. Approving Ordinance 9477 will allow the City to settle its disputes with the USEEOC related to gender discrimination complaints filed by past and present Grand Island Police Officers. Not approving Ordinance 9477 will constitute a rejection of any settlement with the USEEOC necessitating the matters be resolved through further litigation. Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. 2.Move to deny. 3.Take no action on the issue. Grand Island Council Session - 3/11/2014 Page 56 / 185 Recommendation The City Administration recommends the approval of Ordinance 9477. Sample Motion Move to approve Ordinance 9477. Grand Island Council Session - 3/11/2014 Page 57 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney ORDINANCE NO. 9477 An Ordinance to set forth a method of calculating gender neutral lump sum pension benefits for police officers hired prior to 1984. WHEREAS, the Grand Island City Council has decided to repeal Resolution 2013-26(B) and replace the method of calculating Lump Sum Police Pension Benefits provided by the City of Grand Island in that Resolution with the method set forth in this Ordinance and to bring the City’s method of calculating said benefits in accordance with LB 759 presently pending before the Nebraska Legislature. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: That in calculating Lump Sum Police Pension Benefits on a sex neutral basis in accordance with the Nebraska Police Officers Retirement Act set forth in Article 10 of Chapter 16 of the Nebraska Revised Statutes the following definition of sex neutral shall mean: I. The benefit calculation provided to the City by a licensed domestic or foreign insurance or annuity company with a product available for purchase in Nebraska that utilizes a blended, non-gender specific rate for actuarial assumptions, mortality assumptions, and annuity conversion rates for a particular participant, except that if a blended, non-gender specific rate is not available for purchase in Nebraska, the benefit calculation shall be performed using the arithmetic mean of the male-specific actuarial assumptions, mortality assumptions, or annuity conversion rates and the female-specific actuarial assumptions, mortality assumptions, or annuity conversion rates, as applicable, for a particular participant, and the arithmetic mean shall be determined by adding the male-specific Grand Island Council Session - 3/11/2014 Page 58 / 185 - 2 - actuarial assumptions, mortality assumptions, or annuity conversion rates to the female- specific actuarial assumptions, mortality assumptions, or annuity conversion rates applicable to a particular participant and dividing the sum by two. II. Any ordinances or parts of ordinances or Resolutions in conflict are hereby repealed. III. This ordinance shall be in full force and will take effect from and after its passage and publication pursuant to law. Enacted: March 11, 2014. _______________________________________ Jay Vavricek, Mayor ATTEST: ___________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 59 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-1 Approving Minutes of February 25, 2014 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 3/11/2014 Page 60 / 185 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 25, 2014 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 February 25, 2014. Notice of the meeting was given in The Grand Island Independent on February 19, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Kent Mann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, Mark Stelk, Mike Paulick, and Vaughn Minton. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and City Engineer and Public Works Director John Collins. INVOCATION was given by Father Todd Philipsen, Blessed Sacrament Catholic Church, 518 West State Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Joe Huston and board member Ramona Otto. PRESENTATION AND PROCLAMATION: Proclamation “Habitat for Humanity – Build a Dream Day” February 28, 2014. Mayor Vavricek proclaimed February 28, 2014 as “Habitat for Humanity – Build a Dream Day”. Dana Jelinek with Habitat for Humanity was present to receive the proclamation. Recognition of Crane Trust Nature Center. Mayor Vavricek recognized the Crane Trust Nature Center for their leadership in promoting Central Nebraska and the upcoming spring migration of the sandhill cranes. Chuck Cooper, President and CEO of the Crane Trust Nature Center was present for the recognition and mentioned a video that would be aired on April 25, 2014 on PBS and throughout the nation. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement Located at 1011 Claude Road (Morrison Enterprises, LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1011 Claude Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of providing a loop or two-way feed to all transformers at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement in Vlach Subdivision (Vlach Properties, LLC). Public Works Director John Collins reported that acquisition of a utility easement located in the Vlach Subdivision was needed in order to install and maintain utilities for Street Improvement District No. 1260; Webb Road – South Webb Road extending north from Stolley Grand Island Council Session - 3/11/2014 Page 61 / 185 Page 2, City Council Regular Meeting, February 25, 2014 Park Road to Union Pacific Rialroad Tracks. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Consent Agenda item G-10 was removed for further discussion. Motion by Donaldson, second by Paulick to approve the Consent Agenda excluding item G-10. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of February 11, 2014 City Council Regular Meeting. Approving Minutes of February 18, 2014 City Council Study Session. Approving Appointments of Councilmembers Kent Mann and Chuck Haase to the Metropolitan Planning Organization (MPO) Policy Board. Approving Appointment of Councilmember Mike Paulick to the Building Code Advisory Board. Approving Request for Liquor Manager Designation for Jeff Deline, 3721 West Capital Avenue, Apt. A301 with Ruby Tuesday, 3429 West 13th Street. #2014-29 – Approving Acquisition of Utility Easement Located at 1011 Claude Road (Morrison Enterprises, LLC). #2014-30 – Approving Bid Award for Mark V HMI Upgrades at Platte Generating Station, Fall of 2014 with GE Energy Control Solutions of Longmont, CO in an Amount of $150,934.27. #2014-31 – Approving Bid Award for Burdick Pump Station High Service Pump #2 Recondition with Engineered Pump Services of Mukwonago, WI in an Amount of $34,607.61. #2014-32 – Approving Change Order #1 – Utility Management System with Mainsaver Software Inc. of San Diego, CA for an Increase of $26,040.00 and a Revised Contract Amount of $235,360.00. #2014-33 – Approving Agreement with Olsson Associates for Construction Engineering Services for the Various Locations in Grand Island (Resurfacing) Project in an Amount of $305,106.99. Public Works Director John Collins reported that this was a change order with Olsson Associates for a federal project. Discussion was held concerning the 80% match. Project Manager Scott Greipenstroh explained the fixed fee of $34,000 and stated the state would fund $275,000 of the $305,000 total cost of the project. Anything above the total cost of the project would be the responsibility of the City. Motion by Gilbert, second by Haase to approve Resolution #2014-33. Upon roll call vote, all voted aye. Motion adopted. #2014-34 – Approving Acquisition of Utility Easement in Vlach Subdivision (Vlach Properties, LLC). #2014-35 – Approving Temporary Construction Easement for Street Improvement District No. 1260; Webb Road (Vlach Properties, LLC) in an Amount of $4,048.00. Grand Island Council Session - 3/11/2014 Page 62 / 185 Page 3, City Council Regular Meeting, February 25, 2014 #2014-36 – Approving Contract for Soft Drink Service for Aquatic Facilities with PepsiCo Food Service of Grand Island, NE. RESOLUTIONS: #2014-37 - Consideration of Approving Change Order #1 – Air Quality Control System (AQCS) at Platte Generating Station, AMEC. Utilities Director Tim Luchsinger reported that AMEC of Tucker, GA was awarded the contract for Air Quality Control System at Platte Generating Station. Change Order #1 was needed to replace switchgear cabinets and breakers in an amount of $896,510.00 and a revised contract amount of $42,085,841.00. Comments were made concerning an impact on rates. Mr. Luchsinger stated no rate change would be needed. Motion by Haase, second by Minton to approve Resolution #2014-37. Upon roll call vote, all voted aye. Motion adopted. #2014-38 – Consideration of Approving Coal Supply for Platte Generating Station – 87,000 Tons for 2014 and 335,000 Tons for 2015. Utilities Director Tim Luchsinger reported that the City Electric Department through Western Fuels Association invited bids for 87,000 tons of coal for the remainder of 2014, and the year 2015 Coal Supply. Cloud Peak Energy from the Cordero Rojo Mines submitted bids in accordance with terms and contract specifications. Staff recommended approving the contract with Cloud Peak Energy. Comments were made by Council concerning the efficiency in the market place and the benefit to rate payers. Motion by Haase, second by Paulick to approve Resolution #2014-38. Upon roll call vote, all voted aye. Motion adopted. #2014-39 – Consideration of Approving Applications for Civic and Community Center Financing Fund Grant. Finance Director Jaye Monter reported that the City of Grand Island would seek the opportunity to apply for a $1,125,000 grant from the Civic and Community Center Financing Fund from the State of Nebraska’s Department of Economic Development (DED) Department. Two applications would be submitted: the Veterans Athletic Field Complex Expansion and the Island Oasis Water Park Expansion and Facility Update. Staff recommended approval. Discussion was held concerning the ongoing costs to support these projects. Ms. Monter stated funding for these projects would be included in the 2015 budget. Parks & Recreation Director Todd McCoy stated they estimated $75,000 additional costs for the Veterans Field and $50,000 additional costs for the Water Park per year. City Administrator Mary Lou Brown stated indirect impacts would benefit the City from the Veterans Field with additional tournaments bringing in more people who would pay sales tax, hotel tax, food and beverage tax. Ms. Monter stated only one project would be funded by DED. Motion by Minton, second by Nickerson to approve Resolution #2014-39. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 3/11/2014 Page 63 / 185 Page 4, City Council Regular Meeting, February 25, 2014 PAYMENT OF CLAIMS: Motion by Gilbert, second by Minton to approve the Claims for the period of February 12, 2014 through February 25, 2014, for a total amount of $6,587,476.98. Unanimously approved. Councilmember Hehnke abstained from claim #69313 in the amount of $281.25. Comments were made regarding the purchase of a tablet by the Legal Department. ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Nickerson to adjourn to Executive Session at 8:09 p.m. for the purpose of a strategy session with respect to pending litigation and labor negotiations with IBEW Local 1507, Utilities, Wastewater, Finance, and Service Clerical. Unanimously approved. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Stelk to return to Regular Session at 9:23 p.m. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 9:23 p.m. RaNae Edwards City Clerk Grand Island Council Session - 3/11/2014 Page 64 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-2 Approving Minutes of March 4, 2014 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 3/11/2014 Page 65 / 185 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION March 4, 2014 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on March 4, 2014. Notice of the meeting was given in the Grand Island Independent on February 26, 2014. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers were present: Vaughn Minton, Mike Paulick, Mark Stelk, John Gericke, Mitch Nickerson, Julie Hehnke, and Linna Dee Donaldson. Councilmembers Kent Mann, Chuck Haase, and Peg Gilbert were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter, and City Engineer and Public Works Director John Collins. INVOCATION was given by Community Youth Council member Joe Huston followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Joe Huston. SPECIAL ITEMS: Presentation of City Code Chapter 5 – Animal Code and Related Changes. Assistant City Attorney Stacy Nonhof reported that a lot of work had gone into the proposed changes for Chapter 5 of the Grand Island City Code relating to Animals. The Legal Department had worked closely with the Central Nebraska Humane Society and the Animal Advisory Board and both had approved the recommended changes to Chapter 5 along with changes to the Approved Animals List and the Waiver Schedule. Ms. Nonhof stated the proposed changes would bring Chapter 5 of the City Code up to date, promote a more livable community, define stronger penalties and establish realistic enforcement. Reviewed were the proposed changes in Chapter 5. §5-1 Definitions were explained. §5-2 Animal Advisory Board would increase the number of members from 7 to 9. Appointed members would include: 1 licensed veterinarian, 3 residents of the City of Grand Island, and 1 member of the City Council. Non-appointed members would include: Chief of Police or their designee, Director of the Health Department or their designee, City Attorney or their designee, and the Director of the Animal Control Authority or their designee. Clarified was the City Council appointment would be made by the Mayor with Council approval and the increase in the board was an addition of 2 residents of the City of Grand Island. §5—3 Procedure of Animal Advisory Board was reviewed with voting members of the Board being the veterinarian, 3 residents of the City of Grand Island, City Council member, Chief of Grand Island Council Session - 3/11/2014 Page 66 / 185 Page 2, City Council Study Session, March 4, 2014 Police, Director of the Animal Control Authority, and the Director of the Health Department. The non-voting member would be the City Attorney. Article II. Commercial Animal Establishments §5-7.1 Selling animals on City or private property was a new section of the City Code. This would require obtaining written permission of the property owner to sell animals. Refusal to leave upon request would be punishable by a fine. Article IV – Animal Care §5-14 Shelter defined what was acceptable shelter. §5-15 Enclosure defined acceptable enclosures, restraint systems and that the enclosure other than a yard fence must be 10 feet from the property line. §5-18 Number of Animals; Limits would reduce the number of rabbits from 30 to 15, the number of birds from 64 to 30 and would allow residential property to have up to 8 chicken hens, but must be properly confined at all times at least 15 feet from property line. Comments were made concerning current enclosures. Ms. Nonhof stated those in place would be grandfathered. Councilmembers commented on the number of phone calls received from citizens not wanting chickens in the City. Article IV – Animal Care §5-21 Food, Water Health Care, Grooming ; Owner’s Duty provided for the minimum standards of pet ownership with regards to shelter, grooming requirements, enclosure safety and health care. Dr. Missy Girard, 210 Stolley Park Road, Animal Board member answered questions concerning the dangers of matting of the fur. Ms. Nonhof answered questions regarding enforcement. She stated most issues were complaint driven. Explained was the process Animal Code Officers take to resolve the problem. Barking dogs were discussed. Ms. Nonhof stated there were 3,000 pet licenses last year. Article IV – Animal Care §5-22 Cruelty to Animals Prohibited added this subsection making it unlawful to leave an animal unattended in a dwelling, motor vehicle or trailer under such conditions or for a period of time that endangered the health or well-being of the animal. Article VI – Animal Control §5-34 Running at Large made the restraint system consistent with prior sections and now applied to all animals not just dogs. This section gave the Animal Control Authority or law enforcement the discretion to either impound the animal or return it to the owner. Article VI – Animal Control §5-5-34.1 Animal Training and Shows had been removed as it was discovered this provision of the Code was not used and no longer was needed. Article VI – Animal Control §5-36.1 Dangerous and Potentially Dangerous Animals; Actions Required; Costs was a new section. This would require animals declared dangerous or potentially dangerous to be spayed or neutered and implanted with a microchip within 30 days of being declared. Costs of the procedures would be the responsibility of the owner and failure to comply would subject the animal to impoundment. This section also subjects the owner to a fine – each and every day after the initial 30 days that these actions are not taken. Grand Island Council Session - 3/11/2014 Page 67 / 185 Page 3, City Council Study Session, March 4, 2014 Ms. Nonhof stated the reasons for spaying or neutering an animal was for behavior modification. Dr. Girard explained micro chipping. She stated most dangerous dogs had not been spayed or neutered. City Attorney Robert Sivick commented on the due process of declaring an animal potentially dangerous or dangerous. Article VI – Animal Control §5-38 Animal Noise would subject the owner of the animal to a fine and the owner to a Nuisance Owner declaration. Article IV – Animal Control §5-40 Wild Animals Prohibited would add Section D making the owner of an animal subject to a fine if the owner fails to obtain an animal license. Discussion was held regarding the Approved Animal List and the need to license these animals. Article VII – Penalties §5-46 Nuisance Owner was re-written. This section would provide a procedure for having an owner declared a Nuisance Owner. The Nuisance Owner declaration requires the owner to surrender the animal to the Animal Control Authority. The Owners could appeal the declaration to the Animal Advisory Board. Nuisance Owners would be prohibited from owning or residing with any animal for a period of 2 years from the date of declaration. If a Nuisance Owner was found to be in possession of an animal, the Animal Control Authority may immediately impound the animal. Any violation is subject to a fine – a continuing violation is subject to daily fines. Ms. Nonhof stated the appeal process for the Nuisance Owner was the same as the appeal for a dangerous animal. City Attorney Robert Sivick stated prohibiting citizens from owning pets was done to protect society. There were very few cases this would apply to. Article VIII – Appeal Procedure §5-47 Dangerous and Potentially Dangerous; Nuisance Owner; Declaration; Appeal; Disposition would add Nuisance Ownership and reduces the allowed presentation time from one hour to thirty minutes per side. Reviewed was the Waiver Fine Schedule Updates which would bring the schedule into conformity with City Code. This would increase fines for Chapter 5 and Chapter 16 violations. It would also include a list on the schedule violations of Chapter 17 that were not previously on the Schedule. It would increase the fine for Shoplifting and would create a second offense and would clarify violations in Chapter 22. Increased fines for third offense violations of §39-4 and §39-5 were also included. Ms. Nonhof stated all fines go to the school system. Ms. Nonhof stated the last updated Approved Animal List was on February 16, 1998. These changes would reflect the reality of the situation now. Changes were in conformity with the definition of wild animals in Chapter 5 of the City Code which included animals that were currently sold in Grand Island. The list conformed to the Nebraska Game and Parks. Compliments were made to the Animal Enforcement Officers present and the work they do along with the Animal Advisory Board. It was the intention to bring this back to Council. Council recommended not bringing this back at next week’s meeting. Grand Island Council Session - 3/11/2014 Page 68 / 185 Page 4, City Council Study Session, March 4, 2014 Lauri Dethloff, Central Nebraska Humane Society Executive Director thanked the Council for taking the time to look at this topic and being pro-active. After discussion with the Council Mayor Vavricek recommended this issue would come back to Council on March 25, 2014. ADJOURNMENT: The meeting was adjourned at 9:00 p.m. RaNae Edwards City Clerk Grand Island Council Session - 3/11/2014 Page 69 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-3 #2014-40 - Approving Final Plat and Subdivision Agreement for ALR Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/11/2014 Page 70 / 185 Council Agenda Memo From: Regional Planning Commission Meeting: March 11, 2014 Subject: ALR Subdivision - Final Plat Item #’s: G-3 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of Webb Road and south of west North Front Street in the City of Grand Island, in Hall County, Nebraska. Consisting of (2 Lots) and 2.077 acres. Discussion The final plat for ALR Subdivision Final Plat was considered by the Regional Planning Commission at the February 5, 2014 meeting. The proposed south lot of this development does not have access to a public street. The City of Grand Island Utilities department owns the lot between this property and Webb Road. The City of Grand Island has previously granted drive access across this lot to facilitate the development of the adjoining lots. (See the property south of here including the old Hill Furniture store, Charter Offices and the Axford building.) The developer has had a traffic impact study conducted and the Engineering Division of Public Works has agreed that the addition of this drive access at this location is unlikely to create any significant issues. A statement has been added under paragraph 8 of the attached subdivision agreement that notifies future owners of the traffic generation that can occur at this location without negatively impacting Webb Road. Most uses allowed in the B1 zoning district would be unlikely to generate larger volumes of traffic. The agreement also specifically authorizes the Grand Island Building Department to issue building permits for lot two based on the access to Webb Road granted by the City. Finally this agreement creates the access easement across city owned property that will allow the development of lot two. Grand Island Council Session - 3/11/2014 Page 71 / 185 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 7 members present and voting in favor (McCarty, O’Neill, Reynolds, Vincent, Heckman, Haskins and Bredthauer) and no one voting against. 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 5. Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 3/11/2014 Page 72 / 185 Grand Island Council Session - 3/11/2014 Page 73 / 185 ALR Enterprises, LLC Developer/Owner ALR Enterprises, LLC Andrew L Rathgen, Managing Member 4135 Indianhead Drive Grand Island NE 68803 To create 2 lots located east of Webb Road and south of west North Front Street in the City of Grand Island, in Hall County, Nebraska. Size: 2.077 acres Zoning: B2 – General Business Zone Road Access: City Roads Water Public: City water will be available as extension will be required with this subdivision Sewer Public: City sewer is available. Grand Island Council Session - 3/11/2014 Page 74 / 185 SUBDIVISION AGREEMENT ALR SUBDIVISION (Lots 1 and 2) In the City of Grand Island, Nebraska The undersigned, ALR ENTERPRISES, L.L.C., A Nebraska Limited Liability Company, hereinafter called the Subdivider, as owner of a tract of land comprising all of Lot Nineteen (19), Warren Subdivision, and the North Half (N½) of Lot One (1), DRD Subdivision, all in the City of Grand Island, Hall County, Nebraska, said tract containing 2.077 acres more or less; desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as ALR SUBDIVISION, designating explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission * This Space Reserved for Register of Deeds * Grand Island Council Session - 3/11/2014 Page 75 / 185 - 2 - and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said ALR SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to waive the right to object to the creation of any paving or repaving district for North Front Street where it abuts the subdivision. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. Water may be extended from Webb Road across property owned by the Grand Island Utilities department only within the easement dedicated for access to this property from Webb Road. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. Sanitary sewer to serve Lot Two (2) must be extended across the South One-Half (S½) of Lot One (1) of DRD subdivision at the owners expense prior to building on this lot. Grand Island Council Session - 3/11/2014 Page 76 / 185 - 3 - 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots. Storm drainage from Lot Two (2) shall be conveyed to the detention cell to the east according to plans approved by the Director of Public Works. 5.Sidewalks. The Subdivider shall maintain all public sidewalks required by the City of Grand Island on Lot One (1). As Lot Two (2) does not front on a public street sidewalks are not required. If the sidewalks adjacent to Webb Road are damaged as a result of construction on Lot Two (2) the Subdivider agrees to repair any such damages. 6.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. The westerly line of Lot Two (2) shall be considered a street frontage for landscaping purposes. 7.Accessory Structure. The Subdivider agrees that the accessory structure on Lot Two (2) shall be removed or made compliant by the issuance of a permit for a principal structure on or before October 31, 2014 or One Hundred Eighty (180) days from the date of filing of this agreement if that date falls after October 31, 2014. 8.Traffic Impacts and Required Street Improvements. The Subdivider will not object to necessary street improvement projects to mitigate the traffic impacts of the driveway permitted with this agreement on Webb Road if and when the traffic at the drive way on Lot Two (2) exceeds the following average trip traffic counts: Average Daily Trips 753 Average AM Peak Hour Trips: 116 Average PM Peak Hour Trips: 46 9.Curb Cut and Easement. The City grants approval for a curb cut on the Grand Island Council Session - 3/11/2014 Page 77 / 185 - 4 - east side of North Webb Road, Thirty (30) feet in length and centered at a location approximately Three Hundred Twenty-Five (325) feet south of the northwest corner of Lot Six (6), Webb Road Subdivision to the City of Grand Island, Hall County, Nebraska, and City shall grant to Subdivider an easement for ingress and egress across said Lot Six (6), Webb Road Subdivision as set forth in Exhibit A, attached hereto. Granting this easement shall be considered approval by the Grand Island City Council for issuance of building permits on Lot Two (2) as required by City Code as this lot does not front onto a public way or approved private street. 10.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 11.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. Grand Island Council Session - 3/11/2014 Page 78 / 185 - 5 - 12.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as ALR SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 13.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2014. ALR ENTERPRISES, L.L.C., A NEBRASKA LIMITED LIABILITY COMPANY, Subdivider By: ____________________________________ Andrew L. Rathjen, Managing Member STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Andrew J. Rathjen, Managing Member of ALR Enterprises L.L.C., a Nebraska Limited Liability Company, known personally to me to be the identical person and such officer who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of ALR Enterprises, L.L.C. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Grand Island Council Session - 3/11/2014 Page 79 / 185 - 6 - My commission expires: __________________________ Grand Island Council Session - 3/11/2014 Page 80 / 185 - 7 - CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Jay Vavricek, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2014, before me, the undersigned,, a Notary Public in and for said County and State, personally came Jay Vavricek, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2014-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 3/11/2014 Page 81 / 185 - 8 - [Exhibit A] (RETURN TO: Jerom E. Janulewicz, PO Box 2300, Grand Island, NE 68802) EASEMENT The City of Grand Island, Nebraska, a municipal corporation, as Grantor, for one dollar ($1.00) consideration, receipt of which is hereby acknowledged, hereby grants and conveys to ALR Enterprises, LLC, a Nebraska limited liability company, as Grantee, a permanent and perpetual easement to construct, operate, and maintain a driveway in, upon, and over Lot Six (6), Webb Road Subdivision to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Fifteen (15) feet on each side of a line being three hundred twenty-five (325) feet south of and parallel to the north line of Lot Six (6), Webb Road Subdivision to the City of Grand Island, Hall County, Nebraska. It is understood and agreed that the Grantee may construct such driveway for ingress and egress purposes to Lot Two (2), ALR Subdivision to the City of Grand Island, Hall County, Nebraska, the construction of such driveway to be performed pursuant to specifications approved by Grantor’s Director of Public Works. The Grantor agrees to restore the surface of the Grantee's driveway, at no expense to Grantee, if the surface of the Grantee’s driveway is disrupted as a result of the Grantor’s maintenance, repair or construction of any city utilities in the driveway area. For further consideration of the Grantor granting to the Grantee the easement described above, the Grantee agrees to maintain at its expense the grass and foliage upon that part of Lot Six (6), Webb Road Subdivision, adjacent to Lot Two (2), ALR Subdivision, and for that purpose the Grantor hereby grants the Grantee an easement to go upon Lot Six (6) Webb Road Subdivision, for the exercise of such rights and obligations. The Grantor hereby covenants that the easement hereby granted shall run with the title to such tract of land and shall be binding upon the Grantee, its successors and assigns. Grand Island Council Session - 3/11/2014 Page 82 / 185 - 9 - City of Grand Island, Nebraska By: __________________________ Jay Vavricek, Mayor [attest] ____________________________ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me this ___ day of _______________, 2014, by Jay Vavricek, Mayor, on behalf of said City of Grand Island, Nebraska. _____________________________ Notary Public Grand Island Council Session - 3/11/2014 Page 83 / 185 Grand Island Council Session - 3/11/2014 Page 84 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-40 WHEREAS, ALR Enterprises, LLC, a Nebraska Limited Liability Company, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as ALR SUBDIVISION, to be laid out into 2 lots on a tract of land comprising all of Lot Nineteen (19), Warren Subdivision and the North Half of Lot One (1), DED Subdivision, all in the City Of Grand Island, in Hall County, Nebraska, said tract containing 2.077 acres, 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 ALR 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 85 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-4 #2014-41 - Approving Final Plat and Subdivision Agreement for Baxter Acres Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/11/2014 Page 86 / 185 Council Agenda Memo From: Regional Planning Commission Meeting: March 11, 2014 Subject: Baxter Acres Subdivision – Final Plat Item #’s: G-4 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located south of Capital Ave and west of Engleman Rd., in the City of Grand Island 2 mile jurisdiction, in Hall County, Nebraska. Consisting of (2 Lots) and 20.00 acres. Discussion The plat for Baxter Acres Subdivision Plat was considered by the Regional Planning Commission at the March 5, 2014 meeting. A motion was made by Connick and seconded by Ruge to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (Connick, O’Neill, Ruge, Hayes, Heckman, Haskins, Connelly and Bredthauer) and no one voting against. 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 - 3/11/2014 Page 87 / 185 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 3/11/2014 Page 88 / 185 Grand Island Council Session - 3/11/2014 Page 89 / 185 Elizabeth Baxter Developer/Owner Elizabeth Baxter 4444 West 13th St Grand Island NE 68803 To create 2 lots located west of Engleman Rd. and south of Capital Ave., in the City of Grand Island 2 mile jurisdiction, in Hall County, Nebraska. Size: 20 acres Zoning: AG 2– Secondary Agricultural Zone Road Access: Existing County Road Water Public: City water will be available Sewer Public: City sewer is not available. Grand Island Council Session - 3/11/2014 Page 90 / 185 Grand Island Council Session - 3/11/2014 Page 91 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-41 WHEREAS, Elizabeth Baxter, being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “BAXTER ACRES SUBDIVISION”, to be laid out into 2 lots, on a tract of land in part of the East Half of the Northeast Quarter (E1/2, NE ¼) of Section Ten (10), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of Grand Island 2 mile jurisdiction, 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 BAXTER ACRES 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 92 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-5 #2014-42 - Approving Final Plat and Subdivision Agreement for Copper Creek Estates Sixth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/11/2014 Page 93 / 185 Council Agenda Memo From: Regional Planning Commission Meeting: March 11, 2014 Subject: Copper Creek Estates Sixth Subdivision – Final Plat Item #’s: G-5 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located west of North Rd and south of Old Potash Hwy, in the City of Grand Island, in Hall County, Nebraska. Consisting of (53 Lots) and 15.224 acres. Discussion The plat for Copper Creek Estates Sixth Subdivision Final Plat was considered by the Regional Planning Commission at the February 5, 2014 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 7 members present and voting in favor (McCarty, O’Neill, Reynolds, Vincent, Heckman, Haskins and Bredthauer) and no one voting against. 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 - 3/11/2014 Page 94 / 185 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 3/11/2014 Page 95 / 185 Grand Island Council Session - 3/11/2014 Page 96 / 185 The Guarantee Group, LLC. Developer/Owner The Guarantee Group, LLC Sean P. O’Connor 2502 N Webb Rd Grand Island NE 68803 To create 53 lots located west of North Road and south of Old Potash Highway in the City of Grand Island, in Hall County, Nebraska. Size: 15.224 acres Zoning: R2 – Low Density Residential Zone Road Access: City Roads Water Public: City water will be available as extension will be required with this subdivision Sewer Public: City sewer is available. Grand Island Council Session - 3/11/2014 Page 97 / 185 Grand Island Council Session - 3/11/2014 Page 98 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-42 WHEREAS, The Guarantee Group, LLC, a Nebraska Corp., being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “COPPER CREEK ESTATES 6TH SUBDIVISION”, to be laid out into 53 lots, a tract of land comprising all of Lots Thirty Seven (37) and Thirty Eight (38) Copper Creek Estates Third Subdivision as a part of the Northwest Quarter (NW1/), all in Section Twenty Three (23), 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 COPPER CREEK ESTATES 6TH 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 99 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-6 #2014-43 - Approving Final Plat and Subdivision Agreement for Westgate Industrial Park 2nd Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/11/2014 Page 100 / 185 Council Agenda Memo From: Regional Planning Commission Meeting: March 11, 2014 Subject: Westgate Industrial Park 2nd Subdivision – Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located east of North Road and north of Westgate Road, in the City of Grand Island, in Hall County, Nebraska. Consisting of (13 Lots) and 27.46 acres. Discussion The plat for Westgate Industrial Park 2nd Subdivision Plat was considered by the Regional Planning Commission at the March 5, 2014 meeting. A motion was made by Connick and seconded by Ruge to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present and voting in favor (Connick, O’Neill, Ruge, Heckman, Haskins, Hayes, Connelly and Bredthauer) and no one voting against. 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 - 3/11/2014 Page 101 / 185 Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 3/11/2014 Page 102 / 185 Grand Island Council Session - 3/11/2014 Page 103 / 185 Little B’s Corporation, A Nebraska Corporation Developer/Owner Little B’s Corporation, A Nebraska Corporation 4444 West 13th St Grand Island NE 68803 To create 13 lots located east of North Road and north of Westgate Rd., in the City of Grand Island, in Hall County, Nebraska. Size: 27.46 acres Zoning: B2 – General Business Zone, M2 – Heavy Manufacturing Zone, M1 – Light Manufacturing Zone Road Access: City Streets adjacent and to be extended Water Public: City water will be available as extension will be required with this subdivision Sewer Public: City sewer is available. Grand Island Council Session - 3/11/2014 Page 104 / 185 Grand Island Council Session - 3/11/2014 Page 105 / 185 Grand Island Council Session - 3/11/2014 Page 106 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-43 WHEREAS Little B’s Corp., a Nebraska Corporation, and the City of Grand Island being the owner of the land described hereon, has caused same to be surveyed, subdivided, platted and designated as “WESTGATE INDUSTRIAL PARK 2ND SUBDIVISION”, to be laid out into 13 lots, in Part of the Northwest Quarter (NW1/4) of Section Twenty Four (24), 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 WESTGATE INDUSTRIAL PARK 2ND 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 107 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-7 #2014-44 - Approving Bid Award - Truck with Service Crane Body and Tip Mounted Hydraulic Capstan for the Underground Division, Utilities Department Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/11/2014 Page 108 / 185 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, City Attorney Meeting:March 11, 2014 Subject:2014 Truck Chassis with Service Crane Body & Tip- Mounted Capstan – Underground Division, Utilities Department Item #’s:G-7 Presenter(s):Timothy Luchsinger, Utilities Director Background The Electric Underground Division of the Utilities Department has a 1998 GMC Sierra K2500 truck that was originally used for underground utilities locating and for light crew work. This truck is now used for support of daily work of an underground crew and used to haul materials, set small transformers and single phase pads. Current work practices have changed over time as to not allow the truck to continue to support work activities, therefore, it was scheduled to be replaced this year by a truck with greater capacity and function. Sufficient funds were budgeted in this year’s budget to replace the truck. Discussion Specifications for replacement of Unit #1683 were prepared by Department staff, advertised in accordance with the City Purchasing Code, sent to eight potential bidders, and posted on the City’s Web Site. The bids were publically opened on February 18, 2014. Six bids were received as tabulated below. The estimated amount for this replacement vehicle was $150,000. Bidder Base Bid Trade-In Net Bid Sid Dillon Ford $104,139.00 $(4,500.00) $ 99,639.00 Crete, Nebraska Cab & Chassis: 2015 Ford F550 Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Grand Island Council Session - 3/11/2014 Page 109 / 185 Bidder Base Bid Trade-In Net Bid Roy’s Grand Dodge Chrysler Jeep $105,200.00 $(4,100.00) $100,902.00 Grand Island, NE Cab & Chassis: Dodge Ram – 5500 Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Palfleet Truck Equipment $105,002.00 $(4,100.00) $100,902.00 Council Bluffs, IA Cab & Chassis: Dodge Ram – 5500 Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Palfleet Truck Equipment $105,409.00 $(4,000.00) $101,409.00 Council Bluffs, IA Cab & Chassis: Ford – 550 Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Gene Steffy Chrysler Center $ 57,904.00 $(3,000.00) $ 54,904.00 Fremont, NE Cab & Chassis: Dodge Ram – DPOL 94 Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Hansen International Truck, Inc.$116,904.00 $(4,000.00) $112,904.00 Grand Island, NE Cab & Chassis: International – Terra Star Crane: Palfinger – PSC-4329 Utility Body: Palfinger – PSB 43-11CS Exceptions: Noted Three bidders properly submitted documents with noted exceptions. The lowest bidder was Sid Dillon Ford of Crete, Nebraska with a bid of $104,139.00 and a trade-in value of $4,500.00. All noted exceptions appeared to meet or exceed bid document specified minimums with the exception of two items in the cab-chassis: The rear axle ratio of 4.88 was bid in place of the specified 4.44. A 175 amp alternator was bid in place of the specified 200 amp rated alternator. According to the document, a chassis comes standard with 200 amps, with a noted possible upgrade to a dual alternator set up to 357 amps for a cost adder of $324.00. While a greater amperage could be of benefit with the use of a 12 volt to a 120 volt inverter, this standard equipment would adequately meet the intended needs of the unit and would not limit or detract from normal operation. Grand Island Council Session - 3/11/2014 Page 110 / 185 The second low bidder, Roy’s Grand Dodge of Grand Island, with a net bid of $100,902.00, appeared to meet or exceed specifications with the exception of one item in the cab-chassis portion: A black painted bumper in place of the specified chrome The third low bidder was Hansen International, of Grand Island with a net bid of $112,204.00. Exceptions included: A 6.4 liter engine instead of the specified 6.7 liter engine A bench seat in place of the specified 40/console/40 seat No jack Two 12 volt power outlets in place of the specified three outlets Gene Steffy, Fremont, Nebraska – recalled his bid due to an obvious miscalculation – omission of the chassis cost. Pal Fleet, Council Bluffs, Iowa – Dodge Chassis – only supplied three copies of the bid form, not the specified three complete copies of the bid document. Pal Fleet, Council Bluffs, Iowa - Ford Chassis – only supplied three copies of the bid form, not the specified three complete copies of the bid document. After evaluating the bids for Unit #1683, the Utilities Department recommends accepting the bid from Sid Dillon Ford of Crete, Nebraska with a bid of $104,139.00 and a trade-in value of $4,500.00. The current truck will be offered to other City departments at the trade-in value. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the 2014 Truck with Service Crane Body and Tip-Mounted Hydraulic Capstan (Unit #1683), from Sid Dillon Ford of Crete, Nebraska, in the amount of $104,139.00 and a trade-in value of $4,500.00. Grand Island Council Session - 3/11/2014 Page 111 / 185 Sample Motion Move to approve the purchase of a 2014 Truck with Service Crane Body & Tip-Mounted Hydraulic Capstan (Unit #1683), from Sid Dillon Ford of Crete, Nebraska, in the amount of $104,139.00 and a trade-in value of $4,500.00. Grand Island Council Session - 3/11/2014 Page 112 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 18, 2014 at 2:00 p.m. FOR:2014 Truck Chassis w/Service Crane Body & Tip-Mounted Capstan DEPARTMENT:Utilities ESTIMATE:$150,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:January 22, 2014 NO. POTENTIAL BIDDERS:8 SUMMARY Bidder:Sid Dillon Ford Roy’s Grand Dodge Chrysler Jeep Crete, NE Grand Island, NE Exceptions:Noted Noted Bid Price:Make/Model Make/Model Cab & Chassis:2015 Ford – F-550 Dodge Ram - 5500 Crane:Palfinger – PSC-4329 Palfinger – PSC-4329 Utility Body:Palfinger – PSB 43-11CS Palfinger – PSB 43-11CS Total Bid:$104,139.00 $105,200.00 Trade-in:$ 4,500.00 $ 4,100.00 Final Bid:$ 99,639.00 $100,902.00 Grand Island Council Session - 3/11/2014 Page 113 / 185 Bidder:Palfleet Truck Equipment Palfleet Truck Equipment Council Bluffs, IA Council Bluffs, IA Exceptions:Noted Noted Bid Price:Make/Model Make/Model Cab & Chassis:Dodge Ram – 5500 Ford - 550 Crane:Palfinger – PSC-4329 Palfinger – PSC-4329 Utility Body:Palfinger – PSB 43-11CS Palfinger – PSB 43-11CS Total Bid:$105,002.00 $105,409.00 Trade-in:$ 4,100.00 $ 4,000.00 Final Bid:$100,902.00 $101,409.00 Bidder:Gene Steffy Chrysler Center Hansen International Truck, Inc. Fremont, NE Grand Island, NE Exceptions:Noted Noted Bid Price:Make/Model Make/Model Cab & Chassis:Ram – DPOL 94 International – Terra Star Crane:Palfinger – PSC-4329 Palfinger – PSC-4329 Utility Body:Palfinger – PSB 43-11CS Palfinger – PSB 43-11CS Total Bid:$57,904.00 $116,904.00 Trade-in:$ 3,000.00 $ 4,000.00 Final Bid:$54,904.00 $112,904.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist. Randy Leiser, Elec. Underground Supt.Jaye Monter, Finance Director P1710 Grand Island Council Session - 3/11/2014 Page 114 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-44 WHEREAS, the City of Grand Island invited sealed bids for a 2014 Truck Chassis with Service Crane Body and Tip-Mounted Capstan (Unit #1683); and WHEREAS, on February 18, 2014, bids were received, opened and reviewed; and WHEREAS, Sid Dillon Ford of Crete, 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 $104,139.00 and a trade-in value of $4,500.00; and WHEREAS, the bid Sid Dillon Ford of Crete, Nebraska, is less than the estimate for the 2014 Chassis with Service Crane Body and Tip-Mounted Capstan (Unit #1683). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Sid Dillon Ford, in the amount of $104,139.00 and a trade-in value of $4,500.00, for a 2014 Truck Chassis with Service Crane Body and Tip-Mounted Capstan (Unit #1683), is hereby approved as the lowest responsive bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. ____________________________ Jay Vavricek, Mayor Attest: ____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 115 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-8 #2014-45 - Approving Bid Award - Water Main Project 2014-W-1 Construction - Garfield Avenue and Union Pacific Railroad Tracks Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/11/2014 Page 116 / 185 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:March 11, 2014 Subject:Approving Bid Award – Water Main Project 2014-W-1 – Garfield Street and Union Pacific Railroad Item #’s:G-8 Presenter(s):Timothy Luchsinger, Utilities Director Background The Utilities Department has an ongoing program to replace the water mains that go under the Union Pacific Railroad throughout the center of town. The existing water line at the Garfield Street/UPRR crossing was originally installed in 1933 and is the next crossing planned to be reconstructed. Water Main Project 2014-W-1 will directional bore a 20” diameter steel casing under the tracks, install a new 10” ductile-iron water main within the casing, and reconnect the piping to the existing main. A sketch of the crossing area is attached for reference. Discussion Requests for bids were advertised in accordance with City Procurement Codes. Five plan service firms and eight construction companies received copies of the bid documents and plans. Four bids were received and publicly opened at 2:00 p.m. on February 19, 2014. The bids have been reviewed and evaluated. The bid from Van Kirk Brothers Contracting contains a miscalculation in the extension of the material quantity times the unit price. The correction is shown on the attached spreadsheet – Item D.1.37. The evaluated bid increases their total bid by $2.50 for an evaluated Total Bid of $149,289.29. The other bids are without errors. Tabulated below are the Evaluated Bid Prices: Bidder Bid Security Exceptions Evaluated Bid Price Diamond Engineering Co.Universal Surety Co. None $148,416.76 Grand Island, NE Grand Island Council Session - 3/11/2014 Page 117 / 185 Bidder Bid Security Exceptions Evaluated Bid Price Van Kirk Bros Cont.Universal Surety Co. None $149,289.29 Sutton, NE General Excavating Universal Surety Co. None $207,281.85 Lincoln, NE Merryman Excavation Fidelity & Deposit Co. None $272,775.75 Woodstock, IL 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 award the contract for Water Main Project 2014-W-1 to the low bidder, The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $148,416.76. Sample Motion Move to approve the contract for Water Main Project 2014-W-1 to The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $148,416.76. Grand Island Council Session - 3/11/2014 Page 118 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 19, 2014 at 2:00 p.m. FOR:Water Main Project 2014-W-1 DEPARTMENT:Utilities ESTIMATE:$220,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 31, 2014 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:The Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$148,416.76 $149,286.79 Bidder:General Excavating Merryman Excavation Lincoln, NE Woodstock, IL Bid Security:Universal Surety Co.Fidelity & Deposit Co. Exceptions:None None Bid Price:$207,281.85 $272,775.75 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Tom Barnes, Utilities Engineer Pat Gericke, Utilities Admin. Assist. P1713 Grand Island Council Session - 3/11/2014 Page 119 / 185 WMP 2014-W-1 U.P.R.R. R-O-W N Grand Island Council Session - 3/11/2014 Page 120 / 185 BIDS RECEIVED FOR WATER MAIN PROJECT 2014-W-1February 19, 2014GARFIELD AND UPRR AND 3RD STREET WEST Merryman Excaving General Excavation Van Kirk Bros. Cont Diamond EngineeringESTIMATED Woodstock, IL Lincoln, NE Sutton, NE Grand Island, NEITEM DESCRIPTION QUANTITYUNIT UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $ UNIT $ TOTAL $D.1.01 BORE AND JACK 20”X0.375” STL. CASING163.00LF552.00 89,976.00 450.00 73,350.00 325.00 52,975.00 324.00 52,812.00D.1.02 10”D.I. PIPE (R.J.)335.70LF97.00 32,562.90 79.00 26,520.30 60.00 20,142.00 70.00 23,499.00D.1.03 8”D.I PIPE (S.J.) 377.90LF80.50 30,420.95 65.00 24,563.50 37.00 13,982.30 45.00 17,005.50D.1.04 6” D.I.PIPE (SJ)5.00LF176.00 880.00 59.00 295.00 60.00 300.00 53.70 268.50D.1.05 10”X8” M.J. CROSS1.00EA991.00 991.00 750.00 750.00 665.00 665.00 715.00 715.00D.1.06 10”X6” M.J. TEE2.00EA675.00 1,350.00 620.00 1,240.00 465.00 930.00 555.00 1,110.00D.1.0710”X45O M.J. BEND1.00EA506.00 506.00 550.00 550.00 350.00 350.00 467.00 467.00D.1.0810”X22 1/2O M.J. BEND1.00EA505.00 505.00 550.00 550.00 350.00 350.00 467.00 467.00D.1.09 10”X6” M.J.REDUCER2.00EA648.00 1,296.00 300.00 600.00 288.00 576.00 300.00 600.00D.1.108”X6O M.J. TEE1.00EA598.00 598.00 550.00 550.00 340.00 340.00 415.00 415.00D.1.118”X6” M.J. REDUCER1.00EA307.00 307.00 300.00 300.00 225.00 225.00 230.00 230.00D.1.12 8”RETAINER GLAND1.00EA373.00 373.00 100.00 100.00 65.00 65.00 68.00 68.00D.1.13 8” M.J. CAP W/2” TAP1.00EA287.00 287.00 260.00 260.00 175.00 175.00 240.00 240.00D.1.14 6” SLEEVE COUPLING1.00EA404.00 404.00 220.00 220.00 210.00 210.00 300.00 300.00D.1.15 DUC-LUGS & REDI-ROD9.00SET325.00 2,925.00 150.00 1,350.00 50.00 450.00 100.00 900.00D.1.16 10” R.S. GATE VALVE2.00EA2,570.00 5,140.00 2,100.00 4,200.00 2,150.00 4,300.00 2,260.00 4,520.00D.1.17 8” R.S. GATE VALVE2.00EA1,885.00 3,770.00 1,500.00 3,000.00 1,485.00 2,970.00 1,495.00 2,990.00D.1.18 6 R.S. GATE VALVE1.00EA1,435.00 1,435.00 1,100.00 1,100.00 960.00 960.00 1,000.00 1,000.00D.1.19 VALVE BOX5.00EA321.00 1,605.00 250.00 1,250.00 150.00 750.00 215.00 1,075.00D.1.20 FIRE HYDRANT ASSEMBLY (COMPLETE)3.00EA5,315.00 15,945.00 2,100.00 6,300.00 5,400.00 16,200.00 2,012.00 6,036.00D.1.21 1” CORPORATION STOP W/TAP ON MAIN4.00EA583.00 2,332.00 550.00 2,200.00 275.00 1,100.00 391.00 1,564.00D.1.22 1” TYPE “K” COPPER PIPE194.00LF49.50 9,603.00 40.00 7,760.00 22.00 4,268.00 26.50 5,141.00D.1.23 1” CURB STOP W/BOX 4.00EA699.00 2,796.00 550.00 2,200.00 400.00 1,600.00 350.00 1,400.00D.1.24 SERVICE RECONNECTION4.00EA1,020.00 4,080.00 620.00 2,480.00 100.00 400.00 290.00 1,160.00D.1.25 BELL BLOCK1.00EA2,320.00 2,320.00 1,100.00 1,100.00 460.00 460.00 560.00 560.00D.1.26 THRUST BLOCK5.00EA1,470.00 7,350.00 260.00 1,300.00 175.00 875.00 417.00 2,085.00D.1.27 I-BEAM BLOCK1.00EA5,875.00 5,875.00 1,450.00 1,450.00 925.00 925.00 870.00 870.00D.1.28 REMOVE EXISTING WATER MAIN20.00LF42.50 850.00 35.00 700.00 15.00 300.00 14.00 280.00D.1.29 REMOVE AND SALVAGE EXISTING HYDRANT1.00EA851.00 851.00 800.00 800.00 500.00 500.00 445.00 445.00D.1.30 REMOVE VALVE BOX AND ABANDON VALVE1.00EA851.00 851.00 400.00 400.00 150.00 150.00 170.00 170.00D.1.31 REMOVE WATER MANHOLE1.00EA1,275.00 1,275.00 1,000.00 1,000.00 400.00 400.00 510.00 510.00D.1.32 REMOVE ASPH. /CONC. ROADWAY139.10SY67.00 9,319.70 13.00 1,808.30 8.00 1,112.80 9.80 1,363.18D.1.33 REPLACE CONCRETE ROADWAY139.10SY82.50 11,475.75 82.00 11,406.20 62.50 8,693.75 51.20 7,121.92D.1.34 REMOVE ASPH. /CONC. DRIVEWAY68.80SY40.50 2,786.40 13.00 894.40 8.00 550.40 11.50 791.20D.1.35 REPLACE CONCRETE DRIVEWAY68.80SY69.50 4,781.60 82.00 5,641.60 55.00 3,784.00 42.00 2,889.60D.1.36 REMOVE CONCRETE SIDEWALK253.50SF5.40 1,368.90 1.80 456.30 1.00 253.50 0.85 215.48D.1.37 REPLACE CONCRETE SIDEWALK253.50SF10.00 2,535.00 8.00 2,028.00 5.001,267.506.65 1,685.78D.1.38 SEEDING & MULCHING7,000.00SF0.50 3,500.00 1.60 11,200.00 0.20 1,400.00 0.24 1,680.00D.1.39 TRAFFIC CONTROL1.00LS7,225.00 7,225.00 4,150.00 4,150.00 3,500.00 3,500.00 2,760.00 2,760.00D.1.40 8 MIL POLYWRAP 719.00LF0.45 323.55 1.75 1,258.25 1.16 834.04 1.40 1,006.60EVALUATED AMOUNT272,775.75 207,281.85149,289.29148,416.76As Read Amount149,286.79Grand IslandCouncil Session - 3/11/2014Page 121 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-45 WHEREAS, the City of Grand Island invited sealed bids for Water Main Project 2014-W-1 at Garfield Street and the Union Pacific Railroad Crossing, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 19, 2014, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $148,416.76; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for Water Main Project 2014-W-1 at Garfield Street and the Union Pacific Railroad Crossing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company, in the amount of $148,416.76, for Water Main Project 2014-W-1 construction, is hereby approved as the lowest responsible bid and the Mayor is hereby authorized to, on behalf of the City, execute the contract between the City of Grand Island and The Diamond Engineering Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. ______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 122 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-9 #2014-46 - Approving Acquisition of Property for the North End of Moores Creek Drainway (Stahla) This item relates to the aforementioned Public Hearing item E-5. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 123 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-46 WHEREAS, the City is interested in acquiring property from Bob Stahla Mobile Homes, Inc. to convert a parcel of land into a detention cell to allow the City of Grand Island to better control storm water runoff and drainage affecting Northwest Grand Island; and more particularly described as follows: The West Half of the Southeast Quarter (W ½, SE ¼) of Section Thirty Two (32), Township Twelve (12) North, Range Nine (9) West of the 6th P.M consisting of Seventy-Six and Seventy-Eight Hundredths (76.78) Acres, more or less, Hall County, Nebraska EXCEPTING therefrom tracts of land more particularly described in Return of Appraisers recorded in Book 11, Page 634 and Report of Appraisers recorded in the Register of Deeds Office as Document No. 76-007493; and WHEREAS, Section 19-709, R.R.S. 1943, authorizes the City to appropriate private property for use of the City for public facilities; and WHEREAS, a public hearing for acquisition of such property was held on March 11, 2014 by the Grand Island City Council; and WHEREAS, a Petition to Condemn Real Property was filed in the Hall County Court for the approximately 80 acres of past land; and WHEREAS, on January 31, 2014 the Report of Appraisers was filed by Hall County Court with a determination that the amount of damages suffered by the Condemnee, Bob Stahla Mobile Home Service, Inc. is $230,340.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the acquisition of the above-described property from Bob Stahla Mobile Home Service, Inc. of Grand Island, Nebraska in the amount of $230,340.00 is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute conveyance records on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 124 / 185 Grand Island Council Session - 3/11/2014 Page 125 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-10 #2014-47 - Approving Agreement for Engineering Consulting Services Related to Westgate Industrial Park Drainage Improvement District No. 2013-D-4 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 126 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to Westgate Industrial Park Drainage Improvement District No. 2013-D-4 Item #’s:G-10 Presenter(s):John Collins PE, Public Works Director Background Drainage Improvement District No. 2013-D-4 was created by the City Council on October 22, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on October 28, 2013. A notification letter of the district creation was also mailed to all affected property owners. The District is made up of the north half of Gold Road east to Claude Road and is shown on the attached exhibit. The project will consist of running a pipe along Gold Road and outletting to the existing drainage ditch to drain property within the district boundary which currently does not drain. On December 17, 2013, by Resolution No. 2013-401 City Council approved the continuation of such drainage improvement district. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for eight (8) of the 2014 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for design and construction engineering services to be started by the end of the 2014 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 - Westgate Industrial Park Drainage District No. 2013-D-4 Project 2 - Blaine Street Bridge Replacements; Project No. 2014-B-1 Project 3 - Husker Highway Sanitary Tap District No. 531T Project 4 - Heartland Shoot Park Paving Improvements; Project No. 2014-HPSP-1 Project 5 - Traffic Signal Faidley Ave. & Diers Ave. Intersection; Project No. 2014-TS-1 Project 6 - Faidley Ave. Paving Improvements (2,000 ft. connect to North Road); Project No. 2014-P-1 Grand Island Council Session - 3/11/2014 Page 127 / 185 Project 7 - CDBG Handicap Ramps 4th to 5th Streets; Sycamore St. to Eddy St.; Project No. 2014-2G Project 8 – Webb Road Paving District No. 1260 Construction Services On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Westgate Industrial Park Drainage Improvement District No. 2013-D-4, with twelve (12) potential respondents. Discussion Six (6) engineering firms submitted qualifications for the engineering services for Westgate Industrial Park Drainage Improvement District No. 2013-D-4. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson Associates’ design and construction services will be provided on a fixed fee basis for $30,545.00. 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 $30,545.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/11/2014 Page 128 / 185 Grand Island Council Session - 3/11/2014 Page 129 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-47 WHEREAS, by Resolution 2013-401 Grand Island City Council approved continuation of Westgate Industrial Park Drainage District No. 2013-D-4; 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 Industrial Park Drainage District No. 2013-D-4, in the amount of $30,545.00, 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 130 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-11 #2014-48 - Approving Agreement for Engineering Consulting Services Related to Blaine Street Bridge Replacements; Project No. 2014-B-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 131 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to Blaine Street Bridge Replacements; Project No. 2014-B-1 Item #’s:G-11 Presenter(s):John Collins PE, Public Works Director Background This bridge replacement will update the north bridge structure with two (2) box culverts and the south bridge structure with two (2) Arch RCP culvert pipes. The roadway will also be widened to improve traffic flow in this area. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for eight (8) of the 2014 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for design and construction engineering services to be started by the end of the 2014 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 - Westgate Industrial Park Drainage District No. 2013-D-4 Project 2 - Blaine Street Bridge Replacements; Project No. 2014-B-1 Project 3 - Husker Highway Sanitary Tap District No. 531T Project 4 - Heartland Shoot Park Paving Improvements; Project No. 2014-HPSP-1 Project 5 - Traffic Signal Faidley Ave. & Diers Ave. Intersection; Project No. 2014-TS-1 Project 6 - Faidley Ave. Paving Improvements (2,000 ft. connect to North Road); Project No. 2014-P-1 Project 7 - CDBG Handicap Ramps 4th to 5th Streets; Sycamore St. to Eddy St.; Project No. 2014-2G Project 8 – Webb Road Paving District No. 1260 Construction Services On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Blaine Street Bridge Replacements; Project No. 2014-B-1, with twelve (12) potential respondents. Grand Island Council Session - 3/11/2014 Page 132 / 185 Discussion Five (5) engineering firms submitted qualifications for the engineering services for Blaine Street Bridge Replacements; Project No. 2014-B-1. Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Alfred Benesch & Company’s engineering design, environmental and hydraulic services will be provided on a fixed fee basis for $59,078.47. An amendment to this agreement will be brought before council at a later date to address construction phase services. 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 Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $59,078.47. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/11/2014 Page 133 / 185 Grand IslandCouncil Session - 3/11/2014Page 134 / 185 Grand Island Council Session - 3/11/2014 Page 135 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-48 WHEREAS, on January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Blaine Street Bridge Replacements; Project No. 2014-B-1; and WHEREAS, on February 6, 2014 five (5) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Alfred Benesch & Company of Lincoln, Nebraska wish to enter into an Engineering Services Agreement to provide engineering design services for such project; and WHEREAS, an amendment will be brought before council at a later date to address construction phase services. 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 Alfred Benesch & Company of Lincoln, Nebraska for engineering design services related to Blaine Street Bridge Replacements; Project No. 2014-B-1, in the amount of $59,078.47, 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 136 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-12 #2014-49 - Approving Agreement for Engineering Consulting Services Related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 137 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Agreement for Engineering Consulting Services Related to Faidley Avenue Paving Improvements; Project No. 2014-P-1 Item #’s:G-12 Presenter(s):John Collins PE, Public Works Director Background This project will extend paving to join the two (2) existing segments of Faidley Avenue, between North Road and Irongate Avenue. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for eight (8) of the 2014 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for design and construction engineering services to be started by the end of the 2014 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 - Westgate Industrial Park Drainage District No. 2013-D-4 Project 2 - Blaine Street Bridge Replacements; Project No. 2014-B-1 Project 3 - Husker Highway Sanitary Tap District No. 531T Project 4 - Heartland Shoot Park Paving Improvements; Project No. 2014-HPSP-1 Project 5 - Traffic Signal Faidley Ave. & Diers Ave. Intersection; Project No. 2014-TS-1 Project 6 - Faidley Ave. Paving Improvements (2,000 ft. connect to North Road); Project No. 2014-P-1 Project 7 - CDBG Handicap Ramps 4th to 5th Streets; Sycamore St. to Eddy St.; Project No. 2014-2G Project 8 – Webb Road Paving District No. 1260 Construction Services On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Faidley Avenue Paving Improvements; Project No. 2014-P-1, with twelve (12) potential respondents. Grand Island Council Session - 3/11/2014 Page 138 / 185 Discussion Nine (9) engineering firms submitted qualifications for the engineering services for Faidley Avenue Paving Improvements; Project No. 2014-P-1. Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Alfred Benesch & Company’s services will be provided on a fixed fee basis for $60,885.81, which consists of engineering design services. An amendment to this agreement will be brought before council at a later date to address construction phase services. 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 Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $60,885.81. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/11/2014 Page 139 / 185 Grand Island Council Session - 3/11/2014 Page 140 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-49 WHEREAS, on January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Services for Faidley Avenue Paving Improvements; Project No. 2014-P-1; and WHEREAS, on February 6, 2014 nine (9) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Alfred Benesch & Company of Lincoln, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project; and WHEREAS, an amendment will be brought before council at a later date to address construction phase services. 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 Alfred Benesch & Company of Lincoln, Nebraska for engineering design services related to Faidley Avenue Paving Improvements; Project No. 2014- P-1, in the amount of $60,885.81, 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 141 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-13 #2014-50 - Approving Agreement for Engineering Construction Services Related to Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 142 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Agreement for Construction Engineering Services Related to Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Item #’s:G-13 Presenter(s):John Collins PE, Public Works Director Background Street Improvement District No. 1260 was created by the City Council on February 12, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on February 18, 2013. A notification letter of the district creation was also mailed to all affected property owners. The District consists of South Webb Road extending north from Stolley Park Road to the Union Pacific Railroad tracks. The project consists of widening the roadway from 24’ to 41’ for a 3- lane section with improved drainage and elimination of the ditch section. This project is currently estimated at $1.7 million and would be assessed to adjacent property owners. Depending on the method of assessments, City owned property is estimated to range from $962,159 to $1,188,000. On April 9, 2013, by Resolution No. 2013-107 City Council approved the continuation of such street improvement district. The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for eight (8) of the 2014 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for design and construction engineering services to be started by the end of the 2014 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 - Westgate Industrial Park Drainage District No. 2013-D-4 Project 2 - Blaine Street Bridge Replacements; Project No. 2014-B-1 Project 3 - Husker Highway Sanitary Tap District No. 531T Project 4 - Heartland Shoot Park Paving Improvements; Project No. 2014-HPSP-1 Project 5 - Traffic Signal Faidley Ave. & Diers Ave. Intersection; Project No. 2014-TS-1 Grand Island Council Session - 3/11/2014 Page 143 / 185 Project 6 - Faidley Ave. Paving Improvements (2,000 ft. connect to North Road); Project No. 2014-P-1 Project 7 - CDBG Handicap Ramps 4th to 5th Streets; Sycamore St. to Eddy St.; Project No. 2014-2G Project 8 – Webb Road Paving District No. 1260 Construction Services On January 22, 2014 the Engineering Division of the Public Works Department advertised for Construction Engineering Services for Webb Road Street Improvement District No. 1260; South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks, with twelve (12) potential respondents. Discussion Three (3) engineering firms submitted qualifications for the engineering services for Webb Road Street Improvement District No. 1260; South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson Associates’ services will be provided on a time and expense basis not to exceed $127,700.00. As noted on Page 92 of the 2013/2014 Budget Summary III book this project will be funded with bond proceeds/assessments. 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 $127,700.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/11/2014 Page 144 / 185 Grand Island Council Session - 3/11/2014 Page 145 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-50 WHEREAS, by Resolution 2013-107 Grand Island City Council approved continuation of Webb Road Street Improvement District No. 1260; South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks; 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 construction services related to Webb Road Street Improvement District No. 1260; South Webb Road extending north from Stolley Park Road to Union Pacific Railroad Tracks, in the amount of $127,700.00, 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 146 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-14 #2014-51 - Approving Acquisition of Utility Easement for Sanitary Sewer Tap District No. 530T - Sanitary Sewer Extension to Interstate 80 (Lawney L. Rathman) This item relates to the aforementioned Public Hearing item E-6. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 147 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-51 WHEREAS, a public utility easement is required by the City of Grand Island for the Sanitary Sewer District No. 530T; – Sanitary Sewer Extension to Interstate 80, to construct and maintain such project; and WHEREAS, acquisition of the public utility easement is as follows: Lawney L. Rathman Revocable Living Trust – $34,292.00 PERMANENT EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 177.10 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S86o48’58”W ALONG SAID SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 30.03 FEET; THENCE N00o48’35”W PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1179.31 FEET; THENCE N88o22’17”E A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281; THENCE S00o48’35”E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1178.49 FEET OF THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 35,367 SQUARE FEET OR 0.812 ACRES MORE OR LESS. AND PERMANENT EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 152.10 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 AND THE ACTUAL POINT OF BEINNING; THENCE S00o43’06”:E ALONG SAID WEST RIGHT- OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 220.79 FEET; THENCE S12o20’17”W A DISTANCE OF 420.40 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281; THENCE S00o36’02”E ALONG SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2019.47 FEET TO THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o54’01”W ALONG SAID SOUTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 30.03 FEET; THENCE N00o36’02”W PARALLEL WITH AND 30.00 FEET WEST OF SAID RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2024.18 FEET; THENCE N12o20’17”E A DISTANCE OF 395.58 FEET; THENCE N05o21’00”W A DISTANCE OF 239.93 FEET TO THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE N86o48’58”E ALONG SAID NORTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 55.03 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 83,421 SQUARE FEET OR 1.915 ACRES MORE OR LESS. Grand Island Council Session - 3/11/2014 Page 148 / 185 - 2 - 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 such public utility easement from Lawney L. Rathman Revocable Living Trust, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 149 / 185 Grand Island Council Session - 3/11/2014 Page 150 / 185 Grand Island Council Session - 3/11/2014 Page 151 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-15 #2014-52 - Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Lawney L. Rathman) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 152 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Temporary Construction Easement for Sanitary Sewer Tap District No. 530T – Sanitary Sewer Extension to Interstate 80 (Lawney L. Rathman) Item #’s:G-15 Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 was created by City Council through Ordinance Resolution No. 9348 at the December 6, 2011 meeting. Temporary construction easements are needed to accommodate the extension of sanitary sewer to Interstate 80, which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion A temporary construction easement is needed from one (1) property owner for Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 to be constructed. Value of each tract was agreed upon between the City and the property owner. Property Owner Legal Description Amount Lawney L. Rathman Revocable Living Trust TEMPORARY EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST $13,050.00 Grand Island Council Session - 3/11/2014 Page 153 / 185 HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 207.13 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S86o48’58”W ALONG SAID SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.04 FEET; THENCE N00o48’35”W PARALLEL WITH AND 80.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1180.67 FEET; THENCE S88o22’17”W A DISTANCE OF 40.00 FEET; THENCE N00o48’35”W PARALLEL WITH AND 120.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 139.92 FEET; THENCE N87o02’45”E A DISTANCE OF 80.06 FEET; THENCE S00o48’35”E PARALLEL WITH AND 40.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 141.77 FEET; THENCE N88o22’17”E A DISTANCE OF 10.00 FEET; THENCE S00o48’35”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1179.31 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 70,261 SQUARE FEET OR 1.613 ACRES MORE OR LESS. AND TEMPORARY EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 207.13 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE S05o21’00”E A DISTANCE OF 239.93 FEET; THENCE S12o20’17”W A DISTANCE OF 395.58 FEET; THENCE S00o36’02”E PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2024.18 FEET TO THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o54’01”W ALONG SAID SOUTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.05 FEET; THENCE N00o36’02”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2032.04 FEET; THENCE N12o20’17”E A DISTANCE OF 393.47 FEET; THENCE N05o21’00”W A DISTANCE OF 234.04 FEET TO THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE N86o48’58”E ALONG SAID NORTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.04 FEET TO THE POINT OF BEINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 132,981 SQUARE FEET OR 3.053 ACRES MORE OR LESS. Grand Island Council Session - 3/11/2014 Page 154 / 185 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 between the City of Grand Island and the affected property owner for Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80, in the amount of $13,050.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 3/11/2014 Page 155 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-52 WHEREAS, a temporary construction easement is required by the City of Grand Island, from an affected property owner in the Sanitary Sewer Tap District No. 530T; Sanitary Sewer Extension to Interstate 80 project area: Lawney L. Rathman Revocable Living Trust – $13,050.00 TEMPORARY EASEMENT NO. 1 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBEDAS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 207.13 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE CONTINUING S86o48’58”W ALONG SAID SOUTH LINE OF SAID EAST HALF (E ½) OF THE NORTHEAST QUARTER (NE ¼) A DISTANCE OF 50.04 FEET; THENCE N00o48’35”W PARALLEL WITH AND 80.00 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1180.67 FEET; THENCE S88o22’17”W A DISTANCE OF 40.00 FEET; THENCE N00o48’35”W PARALLEL WITH AND 120.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 139.92 FEET; THENCE N87o02’45”E A DISTANCE OF 80.06 FEET; THENCE S00o48’35”E PARALLEL WITH AND 40.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 141.77 FEET; THENCE N88o22’17”E A DISTANCE OF 10.00 FEET; THENCE S00o48’35”E PARALLEL WITH AND 30.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 1179.31 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 70,261 SQUARE FEET OR 1.613 ACRES MORE OR LESS. AND TEMPORARY EASEMENT NO. 2 A TRACT OF LAND LOCATED IN THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) OF SECTION 12, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE SIXTH P.M., HALL COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o48’58”W (ASSUMED BEARING) ALONG THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 207.13 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE S05o21’00”E A DISTANCE OF 239.93 FEET; THENCE S12o20’17”W A DISTANCE OF 395.58 FEET; THENCE S00o36’02”E PARALLEL WITH AND 30.00 FEET WEST OF THE WEST RIGHT-OF- WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2024.18 FEET TO THE SOUTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE S86o54’01”W ALONG SAID SOUTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.05 FEET; THENCE N00o36’02”W PARALLEL WITH AND 80.00 FEET WEST OF SAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY #281 A DISTANCE OF 2032.04 FEET; THENCE N12o20’17”E A DISTANCE OF 393.47 FEET; THENCE N05o21’00”W A DISTANCE OF 234.04 FEET TO THE NORTH LINE OF SAID EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼); THENCE N86o48’58”E ALONG SAID NORTH LINE OF THE EAST HALF (E ½) OF THE SOUTHEAST QUARTER (SE ¼) A DISTANCE OF 50.04 FEET TO Grand Island Council Session - 3/11/2014 Page 156 / 185 - 2 - THE POINT OF BEINNING. SAID TRACT CONTAINS A CALCULATED AREA OF 132,981 SQUARE FEET OR 3.053 ACRES MORE OR LESS. WHEREAS, such 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 compensate the affected property owner for the Temporary Construction easement on the above described tracts of land, in the total amount of $13,050.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 157 / 185 Grand Island Council Session - 3/11/2014 Page 158 / 185 Grand Island Council Session - 3/11/2014 Page 159 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-16 #2014-53 - Approving Bid Award for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 160 / 185 Council Agenda Memo From:Keith Kurz P.E. - Public Works Engineer Meeting:March 11, 2014 Subject:Approving Bid Award for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks Item #’s:G-16 Presenter(s):John Collins P.E. - Public Works Director Background Street Improvement District No. 1260 was created by the City Council on February 12, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on February 18, 2013. A notification letter of the district creation was also mailed to all affected property owners. The District consists of South Webb Road extending north from Stolley Park Road to the Union Pacific Railroad tracks. The project consists of widening the roadway from 24’ to 41’ for a 3-lane section with improved drainage and elimination of the ditch section. This project was estimated at $1.7 million total project costs (including engineering, construction, construction testing and services, etc.) and would be assessed to adjacent property owners. On April 9, 2013, by Resolution No. 2013-107 City Council approved the continuation of such street improvement district. On February 13, 2014 the Engineering Division of the Public Works Department advertised for bids for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks. There were eighteen (18) potential bidders for the project. Grand Island Council Session - 3/11/2014 Page 161 / 185 Discussion One (1) bid was received and opened on March 4, 2014. The bid was submitted in compliance with the contract, plans, and specifications. A summary of the bid is shown below. Bidder Exceptions Total Bid The Diamond Engineering Co. of Grand Island, NE None Bid Section “A”- $1,271,080.55 Bid Section “B”- $90,371.25 Alternate Bid Section “1A”- $97,500.00 *Bid Section “A” and “B” will be awarded. Alternate Bid Section “1A” will not be awarded. The total contract amount for construction is $1,361,451.80. As noted on Page 92 of the 2013/2014 Budget Summary III book this project will be funded with bond proceeds/assessments. 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 The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,361,451.80 as the compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 3/11/2014 Page 162 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 4, 2014 at 2:00 p.m. FOR:Street Improvement District No. 1260 - South Webb Road DEPARTMENT:Public Works ESTIMATE:$1,700,000.00 FUND/ACCOUNT:40033525-90130 PUBLICATION DATE:February 13, 2014 NO. POTENTIAL BIDDERS:18 SUMMARY Bidder:The Diamond Engineering Co. Grand Island, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price: Section “A”:$1,271,080.55 Section “1A”:$ 97,500.00 Section “B”:$ 90,371.25 Section “A” + “B”:$1,361,451.80 Alternate Sec. 1A:$ 97,500.00 cc:John Collins, Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Terry Brown, PW Engineer P1715 Grand Island Council Session - 3/11/2014 Page 163 / 185 Grand Island Council Session - 3/11/2014 Page 164 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-53 WHEREAS, the City of Grand Island invited sealed bids for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on March 4, 2014 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $1,361,451.80; and WHEREAS, The Diamond Engineering Company’s bid was below the engineer’s estimate for the project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,361,451.80 for Webb Road Street Improvement District No. 1260; South Webb Road Extending North from Stolley Park Road to Union Pacific Railroad Tracks 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 165 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-17 #2014-54 - Approving Bid Award for Westgate Road Paving District No. 1261; North Road to Copper Road Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 166 / 185 Council Agenda Memo From:Keith Kurz P.E. - Public Works Engineer Meeting:March 11, 2014 Subject:Approving Bid Award for Westgate Road Paving District No. 1261; North Road to Copper Road Item #’s:G-17 Presenter(s):John Collins P.E. - 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. The total project was estimated at $580,000.00 (including construction, engineering, construction testing and services, etc.) 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 February 13, 2014 the Engineering Division of the Public Works Department advertised for bids for Westgate Road Paving District No. 1261; North Road to Copper Road. There were eighteen (18) potential bidders for the project. Discussion One (1) bid was received and opened on March 4, 2014. The bid was submitted in compliance with the contract, plans, and specifications. A summary of the bid is shown below. Grand Island Council Session - 3/11/2014 Page 167 / 185 Bidder Exceptions Total Bid The Diamond Engineering Co. of Grand Island, NE None Bid Section “A” – $510,539.96 Bid Section “B” –$75,831.05 Bid Section “C” - $39,865.90 Bid Section “A” is for the pavement and grading for Westgate Road drainage and represents the assessed portion of the project. Bid Section “B” and “C” are for part of the Moore’s Creek Extension project and will be paid for out of the general fund through the CIP budget. These projects were bid together due to the similar types of work and close proximity to each other in order to economize all the projects based on scale. As noted on Page 92 of the 2013/2014 Budget Summary III book this project will be funded with bond proceeds/assessments. 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 The Diamond Engineering Company of Grand Island, Nebraska in the amount of $626,236.91 as the compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 3/11/2014 Page 168 / 185 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 4, 2014 at 3:00 p.m. FOR:Street Improvement District No. 1261 – Westgate Road DEPARTMENT:Public Works ESTIMATE:$580,000.00 FUND/ACCOUNT:40033525-90047 PUBLICATION DATE:February 13, 2014 NO. POTENTIAL BIDDERS:22 SUMMARY Bidder:The Diamond Engineering Co. Grand Island, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price: Section A:$510,539.96 Section B:$ 75,831.05 Section C:$ 39,865.90 Total A, B & C:$626,236.91 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Terry Brown, PW Engineer P1717 Grand Island Council Session - 3/11/2014 Page 169 / 185 Grand Island Council Session - 3/11/2014 Page 170 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-54 WHEREAS, the City of Grand Island invited sealed bids for Westgate Road Paving District No. 1261; North Road to Copper Road, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on March 4, 2014 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $626,236.91; and WHEREAS, The Diamond Engineering Company’s bid is within 7.5% of the engineer’s estimate for the project and is considered fair and reasonable; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $626,236.91 for Westgate Road Paving District No. 1261; North Road to Copper Road 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 171 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item G-18 #2014-55 - Approving Agreement for Engineering Consulting Services to Determine the Benefited Area of Proposed Husker Highway Sanitary Sewer Tap District No. 531T Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/11/2014 Page 172 / 185 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 11, 2014 Subject:Approving Agreement for Engineering Consulting Services to Determine the Benefited Area of Proposed Husker Highway Sanitary Sewer Tap District No. 531T Item #’s:G-18 Presenter(s):John Collins PE, Public Works Director Background This project will plan, design and build the extension of the sanitary sewer interceptor at the North Road and Husker Highway intersection to extend sanitary sewer availability to a defined tap district area (to be determined) and elimination of lift station #23. Funding for this project is with the State Revolving Fund (SRF) loan through Nebraska Department of Environmental Quality (NDEQ). The Engineering Division put together a Request for Qualifications (RFQ) solicitation package for eight (8) of the 2014 Capital Improvement Projects (CIP). The consultants had the option to submit for as many or as few of the projects they felt their firm was qualified for. The request was for design and construction engineering services to be started by the end of the 2014 construction season for the selected projects. Each project was evaluated on the predetermined criteria (detailed in the RFQ) and will be awarded to the consultant that scores the best on that particular project, regardless of the consultant’s qualifications on another project. Project 1 - Westgate Industrial Park Drainage District No. 2013-D-4 Project 2 - Blaine Street Bridge Replacements; Project No. 2014-B-1 Project 3 - Husker Highway Sanitary Tap District No. 531T Project 4 - Heartland Shoot Park Paving Improvements; Project No. 2014-HPSP-1 Project 5 - Traffic Signal Faidley Ave. & Diers Ave. Intersection; Project No. 2014-TS-1 Project 6 - Faidley Ave. Paving Improvements (2,000 ft. connect to North Road); Project No. 2014-P-1 Project 7 - CDBG Handicap Ramps 4th to 5th Streets; Sycamore St. to Eddy St.; Project No. 2014-2G Project 8 – Webb Road Paving District No. 1260 Construction Services On January 22, 2014 the Engineering Division of the Public Works Department advertised for Engineering Consulting Services for the proposed Husker Highway Sanitary Sewer Tap District No. 531T, with twelve (12) potential respondents. Grand Island Council Session - 3/11/2014 Page 173 / 185 Discussion Six (6) engineering firms submitted qualifications for the engineering services for the proposed Husker Highway Sanitary Sewer Tap District No. 531T. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre- approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson Associates’ services will be provided on a fixed fee basis for $20,345.00, which consists of a corridor study and preliminary design services. The benefited area of this sanitary sewer district will be determined through such consulting services, with a request to create a district to follow. Upon creation of this tap district, at a later date, an amendment to this agreement will be brought before council to address final design and construction phase services. 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 $20,345.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/11/2014 Page 174 / 185 Grand Island Council Session - 3/11/2014 Page 175 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-55 WHEREAS, the City of Grand Island is researching the proposed Husker Highway Sanitary Sewer Tap District No. 531T; 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 to determine the benefited area of proposed Husker Highway Sanitary Sewer Tap District No. 531T in the amount of $20,345.00, 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, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 176 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item H-1 Consideration of Request from Garry & Jeanne Williams and Midland Ag Service, Inc. for a Conditional Use Permit for a Sand and Gravel Mining Operation located at 1672 South Shady Bend Road and 3116 Stolley Park Road This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Craig Lewis Grand Island Council Session - 3/11/2014 Page 177 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item H-2 Consideration of Request from Central Nebraska Transload I, LLC, 4331 Juergen Road for a Conditional Use Permit for a Chemical/Hazardous Material Transload (Rail Car to Truck) Facility located at 1213-1215 & 1221 East Hwy 30 This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Craig Lewis Grand Island Council Session - 3/11/2014 Page 178 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item I-1 #2014-56 - Consideration of Request from Full Circle Venue LLC dba Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class “C-88739” Liquor License to 3333 Ramada Road This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 3/11/2014 Page 179 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-56 WHEREAS, an application was filed by Full Circle Venue LLC doing business as Full Circle Venue, 1010 Diers Avenue, Suite 4 for a Change of Location for Class "C-88739" Liquor License to 3333 Ramada Road; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on March 1, 2014; such publication cost being $17.75; and WHEREAS, a public hearing was held on March 11, 2014 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 180 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item I-2 #2014-57 - Consideration of Approving Transfer of Property at 1306 West Third Street from General Fund to Utilities Department Staff Contact: Councilmember MIke Paulick Grand Island Council Session - 3/11/2014 Page 181 / 185 Council Agenda Memo From:Mike Paulick, Councilmember Meeting:March 11, 2014 Subject:Transfer of Property at 1306 West Third Street from General Fund to Utilities Department Item #’s:I-2 Presenter(s):Mike Paulick, Councilmember Background The property at 1306 West Third Street was purchased in July of 1996 and most recently was leased to the State of Nebraska Department of Administrative Services, which expired June 30, 2011. A request for proposal to purchase was issued in July of 2011 with little interest from the general public. At the May 28, 2013 Council meeting, the Council was presented with Consideration of Request for Approval of Transfer of Building located at 1306 West 3rd Street and Related Department Relocations, and approved a resolution to obtain an appraisal to determine a fair market value for the City property at 1306 West 3rd Street. Hendricksen Appraisal Company was retained to provide that appraisal and presented the written document on September 16, 2013. The results in that appraisal determined a value of the building site at $485,000 and the adjacent lots to the northeast of the principal property at $26,000 for a total value of the entire tract at $51,000, and this appraisal was accepted by Council at the November 12, 2013 Council meeting. A request for proposal to purchase was also issued on November of 2013, and one bid from Hall County was received. This bid was later requested by Hall County to be removed from consideration, and the bid was rejected by Council at the February 11, 2014 meeting. Discussion The City Utilities Department has identified this property as advantageous to the overall long-term operations of the Utilities Department. Current plans would include moving the Utilities Engineering Division, currently located at the Phelps Control Center, to this building, along with other utilities distribution functions. The transfer of this property to the Utilities Department appears to be the best use of the property now and for the future. Grand Island Council Session - 3/11/2014 Page 182 / 185 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 Councilmember Paulick recommends that the Council approve the Transfer of Property at 1306 West Third Street from General Fund to Utilities Department for the appraised value of $511,000. Sample Motion Move to Transfer Property at 1306 West Third Street from General Fund to Utilities Department for the appraised value of $511,000. Grand Island Council Session - 3/11/2014 Page 183 / 185 Approved as to Form ¤ ___________ March 7, 2014 ¤ City Attorney R E S O L U T I O N 2014-57 WHEREAS, the City of Grand Island is proposing to transfer the property at 1306 West 3rd Street (One-Stop property) from a general fund asset to an enterprise fund asset; and WHEREAS, the City obtained an appraisal to determine the fair market value for the One-Stop property and concur the value of the property to be $511,000; and WHEREAS, the Mayor and City Council have approved the transfer of the property to the City Utilities Department and established a fair market value of $511,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the property located at 1306 West 3rd Street shall be transferred for a fair market value of $511,000 to the Utilities Department for their use and benefit. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 11, 2014. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/11/2014 Page 184 / 185 City of Grand Island Tuesday, March 11, 2014 Council Session Item J-1 Approving Payment of Claims for the Period of February 26, 2014 through March 11, 2014 The Claims for the period of February 26, 2014 through March 11, 2014 for a total amount of $3,965,557.56. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 3/11/2014 Page 185 / 185