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09-27-2011 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 27, 2011 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Larry Carney Linna Dee Donaldson Scott Dugan Randy Gard John Gericke Peg Gilbert Chuck Haase Mitchell Nickerson Bob Niemann Kirk Ramsey Call to OrderCity of Grand Island City Council A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. Call to Order Pledge of Allegiance Roll Call Invocation - Pastor Jack Gillam, Trinity Lutheran Church, 212 West 12th Street This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. City of Grand Island City Council Item C1 Recognition of Dale Hilderbrand, Police Sergeant with the Grand Island Police Department for 20 Years of Service with the City of Grand Island The Mayor and City Council will recognize Sergeant Dale Hilderbrand with the Police Department for 25 years of service with the City of Grand Island. Sgt. Hilderbrand was hired on September 16, 1991 as a Police Officer and was promoted to Police Sergeant on September 27, 1999. We congratulate Sgt. Hilderbrand for his dedication and service to the City of Grand Island. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of Fred Schritt for Donation for New Police Service Dog The Mayor and City Council will recognize Fred Schritt for his generous donation of $5,000 to the Police Department used to purchase a new K-9 police service dog. Noa, a 3-year-old female Dutch shepherd was purchased to replace Adam who was struck and killed in June by a motor vehicle. Officer Ryan Rathbun is Noa's handler. The City of Grand Island thanks Mr. Schritt for his donation. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Recognition of Bud Jeffries for Service on the Hall County Board of Supervisors The Mayor and City Council will recognize Bud Jeffries for his outstanding service and dedciation to the people of Grand Island and Hall County. Mr. Jeffries service on the Hall County Board of Supervisors will be greatly missed. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C4 Recognition of the Edgar and Frances Reynolds Foundation for Donation of the Flooring at the Fieldhouse The Mayor and City Council will acknowledge the donation from the Edgar and Frances Reynolds Foundation for their $35,000 donation used for the floor covering at the Community Fieldhouse. This financial assistance allowed the City to complete the facility with appropriate flooring to serve a wide range of recreational activities. The City of Grand Island thanks the Edgar Reynolds Foundation for their donation. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C5 Recognition of the Fred and Amanda Glade Foundation for Donation of the Indoor Playground Equipment at the Fieldhouse The Mayor and City Council will acknowledge the donation from the Fred and Amanda Glade Foundation for their $15,000 donation for the indoor playground equipment at the Community Fieldhouse. The City of Grand Island thanks the Glade Foundation for their donation. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item E1 Public Hearing Concerning Acquisition of Utility Easement - 502 East Capital Avenue - Iglesia De Dios Eben-Ezer Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: September 27, 2011 Subject: Acquisition of Utility Easement – Part of Section 4-11-9 (502 East Capital Avenue) - Iglesia De Dios Eben-Ezer Item #’s: E-1 & G-7 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Iglesia De Dios Eben-Ezer, located at the Southeast corner of 502 East Capital Avenue, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Iglesia De Dios Eben-Ezer Church is constructing a new worship center at 502 East Capital Avenue. The building will require new electrical service. This easement will be used to provide a location for the primary cable, conduit, and pad-mounted transformer to provide that service. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E2 Public Hearing Concerning Acquisition of Utility Easement - 2627 W. Highway 30 - Floor to Ceiling Store - Narber Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: September 27, 2011 Subject: Acquisition of Utility Easement – 2627 W. Highway 30 - Narber Item #’s: E-2 & G-8 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Jim and Donna Narber, located in the southeast corner of 2627 West Highway 30 (the Floor to Ceiling building), in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Floor to Ceiling Building was damaged by fire and subsequently torn down. The new building will have a larger underground electrical service. This easement will provide a location for the new high voltage cable, conduit, and pad-mounted transformer. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning Acquisition of Utility Easement - 3405 South Blaine Street - McCallum Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: September 27, 2011 Subject: Acquisition of Utility Easement – 3405 S. Blaine Street – McCallum Item #’s: E-3 & G-9 Presenter(s): Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Kurt and Shirley McCallum, located along the south side of property located at 3405 S. Blaine Street, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to provide primary electric cable, conduit, and a pad-mounted single phase transformer. It will provide electricity to the new residence to be constructed on this lot. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Item E4 Public Hearing on Request to Rezone Properties Located North and West of US Hwy 281 and South of Airport Road from AG-2 – Secondary Agricultural to B2 – General Business Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: September 27, 2011 Subject: Rezone Request for Property being Platted as Olson Subdivision an Addition to the City of Grand Island Located South of Airport Road and North and West of U.S. Highway 281 from AG2 Secondary Agricultural to B2 General Business (C-11-2011GI) Item #’s: E-4 & F-1 Presenter(s): Chad Nabity AICP, Regional Planning Director Background Concerning rezone properties located south of Airport Road and north and west of U.S. Highway 281 from AG2 Secondary Agricultural to B2 General Business. Discussion At the regular meeting of the Regional Planning Commission, held September 7, 2011 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity briefly explained this was a request to rezone properties located north and west of U.S. Highway 281 and south of Airport Road from AG2 Secondary Agriculture to B2 General Business. This would allow for Mr. Olson to provide Ag Services from this location consisting of seed sales and insurance. This would not be a high traffic business and no fertilizer would be at this location. There was no further discussion. O’Neill closed the Public Hearing. The Planning Director’s recommendation to the Planning Commission is also attached to this recommendation from the Planning Commission. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the rezoning request as presented 2. Modify the rezoning request to meet the wishes of the Council 3. Postpone the issue Recommendation A motion was made by Snodgrass to approve the Rezone from AG2 Secondary Agriculture to B2 General Business Zone and was seconded by Ruge. The motion carried with 7 members present and 7 voting in favor (O’Neill, Ruge, Hayes, Reynolds, Monter, Haskins and Snodgrass) and no member abstaining. Sample Motion Approve the rezone request for property proposed for platting as Olson Subdivision. Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: September 7, 2011 SUBJECT: Zoning Change (C-11-2011GI) PROPOSAL: To rezone properties located north and west of U.S. Highway 281 and south of Airport Road from AG2 Secondary Agriculture to B2 General Business OVERVIEW: Site Analysis Current zoning designation: AG2– Secondary Agriculture Permitted and conditional uses: AG2 – Secondary Agriculture. Residential uses are permitted as part of a farming operation. New animal based agricultural operations are allowed with no more than 1000 animal units as part of a farming operation. The minimum size for a farming operation is 20 acres. Green Houses, Nurseries, and other similar uses are also allowed in this zone. Comprehensive Plan Designation: Mixed Use Commercial. This area is planned to transition between commercial areas adjacent to the adjoining highways and future residential development north of Airport Road. Existing land uses. Row Crops and Cell Tower. Proposed Zoning Designation B2 – General Business – A variety of warehousing, storage, light manufacturing and office uses and no residential uses. Minimum lot size of 20,000 square feet with 50% coverage. Adjacent Properties Analysis Current zoning designations: LLR- Large Lot Residential and AG2– Secondary Agriculture. Permitted and conditional uses: AG2 – Secondary Agriculture. Residential uses are permitted as part of a farming operation. New animal based agricultural operations are allowed with no more than 1000 animal units as part of a farming operation. The minimum size for a farming operation is 20 acres. Green Houses, Nurseries, and other similar uses are also allowed in this zone. LLR - Large Lot Residential, Residential uses at a density of 2 dwelling units per acre with 25% coverage, recreational uses and agricultural uses. Comprehensive Plan Designation: North: Designated for Agricultural Uses. East: Designated for low to medium density residential and public use. South and West: Designated for low Mixed Use Commercial. Existing land uses: North: Farm Ground South: U.S. Highway 281, Farm Ground East: U.S. Highway 281 West: Farm Ground EVALUATION: Positive Implications: · Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for mixed use commercial uses. · Reasonable access to transportation systems: The intersection of Airport Road and U.S. Highway 281 is not well designed for a business that would create congestion at the intersection but for a variety of lower impact businesses this site would provide a highly visible location with quick access to U.S. Highway 281 and Nebraska State Highway 2. Negative Implications: · No negative implications foreseen. Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from AG2 Secondary Agriculture to B2 General Business as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Item E5 Public Hearing on Annexation for Property Located So. of Airport Road/US Highway 281 and the West Side of Broadwell Avenue No. of the Burlington Northern Santa Fe Tracks Including Eagle Scout Pk & Veterans Field (Area 3a) being Platted as Olson Sub. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: September 27, 2011 Subject: Annexation Areas Identified as 3a, 6, 7, 12, 13, and 14 Item #’s: E-5, E-6, E-7, E-8, E-9, and E-10 F-2, F-3, F-4, F-5, F-6, and F-7 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background At the March 22, 2011 meeting of the Grand Island City Council a resolution was passed that directed the planning department and other city staff as follows: · to proceed with preparing annexation plans (as required and defined by statute), · to notify property owners and school districts as required by law, and · to forward the annexation plans to the Regional Planning Commission for review The annexation plans for 6 of the 8 eight identified areas are complete and were considered by the Regional Planning Commission after a public hearing at their meeting held July 6, 2011. The attached map identifies those areas under consideration at this meeting. Annexation plans are attached for areas identified as 3a, 6, 7, 12, 13, and 14. On August 9, 2011 The Grand Island City Council passed a resolution of intent to annex these areas, approving the annexation plans as presented and setting public hearings regarding annexation of these areas for September 27, 2011. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation. In following the process approved by Council on March 22nd, 2011 annexation plans have been prepared by staff and referred to the Regional Planning Commission for recommendation. The Planning Commission has made their recommendation and Council has passed a resolution of intent to annex these areas. The next step is for Council to hold the public hearings and consider approval of the ordinances to annex the property. Annexation ordinances must be read on three separate occasions. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Ordinances on First Reading 2. Choose not to approve the Ordinances. 3. Modify the ordinance to change the areas under consideration for annexation. 4. Postpone the issue Recommendation That Council pass the ordinances for annexation of Areas 3a, 6, 7, 12, 13, and 14 as presented. Sample Motion Move to approve the resolution of intent to annex, the attached annexation plan, and set public hearings on annexation of Areas 3a, 6, 7, 12, 13, and 14. From the July 6th 2011 Planning Commission Minutes 4. Public Hearing – Concerning annexation of properties identified as: Annexation Area 3a south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. Eagle Scout Park and the Veterans Field Complex are in this area. Annexation Area 6 located north of Bismark Road to the east side of Stuhr Road. Annexation Area 7 located north of U.S. Highway 34 on the east side of South Locust Street. Annexation Area 12 located north of Husker Highway to the west side of U.S. Highway 281 and Prairieview Street. Annexation Area 13 located south of Old Potash Highway on the west side of North Road. Annexation Area 14 located south of 13th Street on the east and west sides of North Road and north of Faidley Avenue (C-05-2011GI). O’Neill opened the Public Hearing. Nabity briefly talked about the process of annexation; he explained City Council had charged Regional Planning to look at eligible areas for Annexation. City Council had selected eight areas and six of those plans were brought forward to Regional Pla nning. The remaining two may be brought forward for the August meeting. Annexation Area 3a - U.S. Highway 281 and Broadwell Ave This property is the located in the north central part of the community. It is south of Airport Road/U.S. Highway 281 the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 210 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eagle Scout Park and the Veterans Field Complex are in this area and maintained by the City Parks Department. Annexation Area 6 - Bismark Road and Stuhr Road This property is the located in the southeast part of the community. It is mostly north of Bismark Road the east side of Stuhr Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 50 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Nabity stated he had received a call from Tom Pirnie who owns the majority of the land is this area and he was in support of the annexation. Annexation Area 7 - U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 on the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. Nabity stated one homeowner Heidi Aken and she was in favor of this annexation. Janel Laub, 380 E. Highway 34, said she and her husband bought land there in 1996 to farm next to his parents. If the land were annexed into city limits, their children would no longer be eligible for school driving permits, could not have more numerous flocks of ducklings and they would be subject to higher taxes on farm equipment they purchase. Their land would also eventually cease to be part of the Northwest School District, which has a more rural focus. Two of their children want to be farmers, and a third wants to be a veterinarian, Laub said. If their land were to be annexed, "our whole way of life changes," she told the commission. Evie Laub, 450 E Hwy 34, said the annexation would also separate the farm homestead from the farm ground, which runs to the east to Stuhr Road. Commissioner John Amick of Doniphan concurred. He moved to annex just the western half of the proposed area, which includes the former ball fields and the Heidi Aken house that fronts onto Highway 34. Aken had previously spoken in favor of annexation. Amick said water and sewer is available to the western portion of Area 7, (Aken property) but not to the Laub farmsteads on the east. The entire 65 acres is also not surrounded completely by city limits and the annexation, as originally proposed by the city, would substantially change the rural lifestyle the Laubs have, he said. Annexation Area 12 - U.S. Highway 281 and Husker Highway This property is the located in the southwest part of the community. It is north of Husker Highway the west side of U.S. Highway 281 and Prairieview Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 200 acres of property included in the area that is currently used for agricultural purposes. There is one house and no businesses included in this area. Annexation Area 13 - Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. Eric Pollock owns this property and was questioning what exactly this meant. Nabity explained his property was surrounded by the city limits and Council is looking to get rid of the “islands” that have been formed. Sewer and water are available. Pollock questioned if there was a utility plan for the drainage because in the northwest quarter there is a drainage issue. Annexation Area 14 - 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. Landowners Ray Stander, 1104 N. North Road, and Floyd Leiser, 3550 N. Engleman Road, both objected, saying the land is being used for agricultural purposes. "Farm ground is not necessary for city use," Leiser said. "They’re not going to develop it as long as I’m alive," he added. Northwest school Superintendent Bill Mowinkel also objected to the annexation of ag land from Areas 12, 13, 14 and the Laub ground in Area 7. He said the annexation results in a loss of tax base and property tax revenue for the Northwest School District. Planning Commission Chairman Pat O’Neill said the commission is charged with evaluating current and future land use, not school finance. Commissioner Les Ruge said because Grand Island has grown up around those areas, there is confusion on whether city or county forces have jurisdiction when it comes to road issues, drainage and emergency response. Annexation will clarify that. O’Neill closed the Public Hearing. Area 3a: U.S. Highway 281 and Broadwell Ave This has 210 acres located south of Airport Road/U.S. Highway 281 and on the west side of Broadwell Avenue north of the Burlington Northern Santa Fe tracks. City sewer and water is available. It includes the Veterans Athletic Field Complex and Eagle Scout Park and is mostly city-owned so there is no property valuation and no property tax revenue. City annexation would clarify that city police have jurisdiction at the Athletic Complex, which is on ground leased by the city from the state. A motion was made by Hayes to approve the Area 3a Annexation plan as submitted and seconded by Amick. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 6: Bismark Road and Stuhr Road This has 50 acres located north of Bismark Road to the east side of Stuhr Road. City sewer and water is available. Estimated tax base is $100,053. Estimated annual property tax for all political subdivisions is $2,181. A motion was made by Reynolds to approve the Area 6 Annexation plan as submitted and seconded by Brethauer. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 7: U.S. Highway 34 and South Locust Street (Vanosdal Fields) This property is the located in the southeast part of the community. It is north of U.S. Highway 34 the east side of Locust Street. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There are about 65 acres of property included in the area. The property is currently used for agricultural and residential purposes. There are 3 houses included in this area. A motion was made by Amick to approve the Area 7 Annexation plan with the changes made to the annexation area to remove the Laub properties and to just include the Vanosdal property and the Aken property. This was seconded by Haskins. Finding of Facts noted by Amick were this proposed annexation did not have sewer and water services available. This homestead was used as an ag use home property. Annexation of this property would adversely affect the familes. Haskins agreed with Amick’s findings. The motion carried with 9 members present and 9 voting in favor (Amick, O’Neill, Ruge, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and no member present abstaining. Area 12: U.S. Highway 281 and Husker Highway This is about 200 acres of farmland located north of Husker Highway and to the west side of U.S. Highway 281 and Prairieview Street. City sewer and water is available. Estimated tax base is $481,334 and estimated property tax revenue is $10,495 a year. A motion was made by Bredthauer to approve the Area 12 Annexation plan as presented and was seconded by Reynolds. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 8 voting in favor (Amick, O’Neill, Hayes, Reynolds, Haskins, Bredthauer, Connelly and Snodgrass) and 1 member present voting against (Ruge) and no members abstaining. Area 13: Old Potash Highway and North Road This property is the located in the northwest part of the community. It is south of Old Potash Highway on the west side of North Road. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 120 acres of property included in the area that is currently used for agricultural purposes. There are no houses and no businesses included in this area. A motion was made by Bredthauer to approve the Area 13 Annexation plan as presented and was seconded by Amick. Findings of fact noted by Bredthauer were water and sewer service is available and annexing of this property would have little or no impact to the owners. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no members abstaining. Area 14: 13th and North Road This property is the located in the northwest part of the community. It is south of 13th Street on the east and west sides of North Road and north of Faidley Avenue. The City of Grand Island provides electric services to the area. Sewer and water are both available to this property. There is about 100 acres of property included in the area that is currently used for agricultural purposes. There are 3 houses and no businesses include in this area. This is about 100 acres of farmland south of 13th street and west of Sagewood Avenue. City sewer and water is available. Estimated tax base is $687,081 with estimated property tax revenue of $14,981 a year. Planning commission voted 7-2 in favor. Commissioners Bill Hayes and Deb Reynolds objected. A motion was made by Ruge to approve the Area 14 Annexation plan as presented and was seconded by Bredthauer. Findings of fact noted by Ruge were water and sewer service is available and annexing of this property would have little or no impact to the owners also this clears up who needs to provide services to the area, between City and County. The motion carried with 9 members present and 7 voting in favor (Amick, O’Neill, Ruge, Haskins, Bredthauer, Connelly and Snodgrass) and 2 members present voting against (Reynolds, Hayes) and no member abstaining. Area 7 has been modified to include fewer properties than shown on this map, but the general area of town remains the same. Item E6 Public Hearing on Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E7 Public Hearing on Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E8 Public Hearing on Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E9 Public Hearing on Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E10 Public Hearing on Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item E11 Public Hearing on Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Chad Nabity, Regional Planning Director Meeting: September 27, 2011 Subject: An Ordinance to Annex Olson Subdivision an Addition to the City of Grand Island, Nebraska and the Adjoining Right-of -Way Item #’s: E-11 & F-8 Presenter(s): Chad Nabity, Regional Planning Director Background The Annexation Component of the Grand Island Comprehensive Development Plan as adopted by the Grand Island City Council on July 13, 2004 sets as the policy of Grand Island that any and all property subdivided adjacent to the Corporate Limit of the City of Grand Island be annexed into the City at the time of subdivision approval. Phil A. Mader and Linda Mader, as the owners of the property, submitted Olson Subdivision as an addition to the City of Grand Island. The Hall County Regional Planning Commission recommended approval of the subdivision at their meeting on September 7, 2011. Discussion Staff has prepared an ordinance in accordance with the requirements of Nebraska Revised Statute §16-117. Annexation ordinances must be read on three separate occasions. This is the first reading of the ordinance. This ordinance includes exhibits showing the property to be considered for annexation and the legal descriptions of those properties. City staff is not suggesting extension of the zoning jurisdiction as a result of this annexation. Council could request that planning commission consider extension of the zoning jurisdiction. Changes to the zoning jurisdiction cannot be made without a recommendation from the Regional Planning Commission. No existing residences or businesses would be added to the City as a result of this annexation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council pass the annexation ordinance. Sample Motion Move to approve the annexation ordinance on second reading. Item E12 Public Hearing on Annual Report by the Citizens’’ Review Committee on the Economic Development Program Plan Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: September 27, 2011 Subject: Public Hearing Concerning the Annual Report by the Citizen’s Review Committee on the Economic Development Program Plan Item #’s: E-12 & G-31 Presenter(s): Mary Lou Brown, City Administrator Mark Stelk, Chairman, Citizen’s Advisory Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens’ Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens Advisory Review Committee is required by State Statute and the Grand Island City Code to make an annual report to the City Council. Discussion The Citizens Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee looks forward to receiving and reviewing meritorious applications for consideration in the future. The committee received the annual report from the Economic Development Corporation at its meeting of September 13, 2011, and voted to forward it on to the City Council for its review and acceptance. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the semi-annual report of the Citizens’ Advisory Review Committee. 2. Do not accept the semi-annual report of the Citizens’ Advisory Review Committee. Recommendation City Administration recommends that the Council accept the annual report of the Citizens’ Advisory Review Committee. Sample Motion Move to accept the annual report of the Citizens’ Advisory Review Committee. When more jobs are created, wages go up, benefits are more competitive, and Grand Island grows. Economic Development assists the Grand Island area by: Recruiting new qualified businesses Helping local businesses expand by way of job creation, training, and capital investment GIAEDC positively impacts the community by: Attracting permanent investment Broadening the tax base Creating new opportunities for all citizens Improving the overall quality of life Chairman Roger Bullington Chief Industries Vice Chairman Ann Martin Idea Bank Marketing Secretary/Treasurer Tom Gdowski Equitable Bank Elected Trustee Galen Stehlik Lauritsen Law Firm Elected Trustee Tom Pirnie G.I. Express Elected Trustee Jay Kaspar INSUR, Inc. Elected Trustee Bill Westering Westering Enterprises Elected Trustee KC Hehnke 2011 Board of Trustees 2011 Advisory Board Lisa Crumrine Chamber of Commerce Chairman Mary Lou Brown City Administrator Jim Hartman NorthWestern Energy Dr. Lynn Black Central Community College Randy Kissinger NE Workforce Mayor Jay Vavricek Peg Gilbert G.I. City Council Mike Olson Hall Co. Airport Authority Cindy Johnson G.I. Area Chamber of Commerce Dr. Rob Winter G.I. Public Schools Pam Lancaster Hall Co. Board of Supervisors Scope of the Economic Program includes, but is not limited to: A revolving loan fund for non-retail qualified businesses Grants or agreements for job training Technical assistance to businesses Public works improvements and/or purchase of fixed assets including land grants or real estate options essential to the location or expansion of a qualifying business, and Initiatives to stimulate economic growth Types of businesses that qualify for LB-840 funding: Must be a corporation, partnership, LLC, or sole proprietorship that derives its principal source of income from: Manufacturer of articles of commerce Research and development Process, store, transport, or sell of goods, service, or commodities which are sold or traded in interstate commerce (not for local retail) Telecommunications Qualifying business must be located within the zoning jurisdiction of the city unless a variance is granted.Any other business deemed qualifying through the Legislature LB-840 application process 1.Loan fund application may include the following information: Loan fund application Business plan Two years completed and signed Federal Tax returns Current Year to Date Profit/Loss Statement Recent Balance Sheet (signed) Other information as requested LB-840 application process (continued) 2.3-Part Review process of the application GIAEDC Executive Board will determine if application meets with the guidelines of the program. Administrator) reviews application and financial information to determine whether application is to move forward.City Council approves or denies the application. LB-840 FundingThe Economic program receives $750,000 per year from the -year period of 2003 2013. GIAEDC receives from the program $350,000/yr Available funding for Qualified Projects $400,000/yr $750,000/yr (The $400,000 is retained by the City in an interest bearing account and paid out to qualified approved projects.) GIAEDC Utilization of LB-840 Funds 2011-2012 Industrial Park Acquisition $ 75,000 Advertising 20,000 Research & Studies 25,000 Recruitment/Promotional Events 27,000 Real Estate Taxes 48,000 Interest Expense 130,000 Occupancy 25,000 $ 350,000 (same amount has been given since 1999) GIAEDC Utilization of LB-840 Funds 2004-2011 2004 2005 2006 2007 2008 2009 2010 2011 Occupancy 38,000 34,000 34,000 29,500 25,000 25,000 25,000 25,000 Advertising 10,000 15,000 15,000 17,000 19,000 17,000 18,000 20,000 Research & Studies 29,000 60,000 78,000 27,000 38,500 24,000 49,000 25,000 Industrial Parks (3 sites) 76,000 73,000 70,000 83,000 83,000 50,000 50,000 75,000 Real Estate Taxes 12,000 13,000 18,000 18,000 18,000 45,000 65,000 48,000 Interest Expense 14,000 14,000 16,000 22,000 22,000 62,000 62,000 130,000 Recruitment/Promotional Events 54,000 77,000 54,000 81,000 79,000 62,000 36,000 27,000 Special Assessments 117,000 64,000 65,000 45,000 45,000 45,000 45,000 0 Welding Program 0 0 0 27,500 20,500 20,000 0 0 Totals 350,000 350,000 350,000 350,000 350,000 350,000 350,000 350,000 LB-840 projects under current plan October 2003 September 2011. Available funding: $3,200,000 Standard Iron 200,000 (2004) Hastings Foods 70,000 (2008) Heritage Disposal 100,000 (2004) Nova-Tech, Inc. 160,000 (2008) Love Signs 42,000 (2005) Ace Machine Shop 32,500 (2009) CXT, Inc. 200,000 (2005) Structured Solutions 600,000 (2009) J. C. Doyle 20,000 (2006) Hornady Mfg. (2nd App.) 200,000 (2010) 45,000(2007)PV Industrial Park East575,000(2010)Case IH 325,000 (2007) Rogue Manufacturing 50,000 (2010) Hornady Mfg. 154,000 (2007) Standard Iron (2nd App.) 200,000 (2011) Principal Financial 30,000 (2007) Case IH (2nd App.) 219,000 (2011) 18 projects $ 3,222,500 Administration Fees (paid to City of GI) $ 157,500 Process to assure qualifying business meets requirements Annual reviews are performed to ensure the qualifying businesses are meeting the terms and conditions of the agreement. Failure to comply requires the company to reimburse the City. City is responsible to ensure full compliance. Impact of LB-840 investment 3,103 new jobs in 7-1/2 years (NE Dept. of Labor) 1,166 direct jobs created with estimated payroll of $36,048,313 per year. Direct jobs created reflect what was stated on the application. (Every dollar spent turns over 7 times ($890 million) in our community!) Impact of LB-840 investment (Continued) (Actual dollar value does not include last five projects) $2,738,385 in accumulative new real estate taxes from 2003-2008 $21,954,086 in real estate valuation as of 2008 growth and prosperity of Grand Island GI Population is currently 48,520 (3,241 increase over 2003) Assessed Valuation Per Capita in constant dollars: $1,746,978 in 2003/2004 vs. $2,351,144 in 2010/2011 New Construction Permits since 2004: $642,608,646 Taxable Real Estate: $1,883,272,257 in 2004 vs. $2,395,497,486 in 2010 ($512, 225,229 increase) Equates to $10,357,194 in additional Real Estate Tax revenue. Platte Valley Industrial Park Purchased ground in 2000 Platted (Subdivided) 18 original lots; 8 lots available today Zoned ME Manufacturing Estates Improved Site with Infrastructure in 2003 (Water, Sewer, Paving, Gas and Telecommunications) US Highway 281 GIAEDC Spec Building Located on Lot 7 in Platte Valley Industrial Park Built in 2005 Sold in 2008 to a local business for expansion 50,000 sq. ft. EDC received Community Development Block Grant -$250,000 Drew attention to Grand Island Platte Valley Industrial Park East Declared Blighted & Substandard Tax Increment Financing New Infrastructure Sewer, Paving, and looped water - $1 million grant Current with Land Studies - Phase I, Environmental Assessments, Wetland Delineation, and Soil Borings (updated every 3 years) Potential Rail Service Layouts Blaine Street Wildwood Drive Union Pacific Railroad Spur Cornhusker Industrial Park Over 900 acres available Completed an in-depth environmental study in 2010 Developed a strategic plan Dual rail access Real estate taxes paid by the GIAEDC on industrial parks 2003 $16,706 2004 $11,039 2005 $13,319 2006 $26,884 2007 $24,523 2008 $44,258 2009 $63,725 2010 $75,848 2011 $52,723 Total $329,025 GIAEDC supports the community in many ways Air National Guard Grand Island School Bond (2004-2008) Jail Bond Half-Cent Sales Tax Campaign Central Community College Welding Program Nebraska State Fair Legislation Lobbyist Legislative Day in Lincoln Husker Harvest Days 2010 Be Counted Campaign Promotion-Airline Tickets GIAEDC supports local, state and national organizations City of Grand Island Housing Study & I-80 Sewer Extension Greater Nebraska Workforce Board Nebraska Diplomats South Central Economic Development Downtown Improvement Board Grand Island Public Schools Learning Center I-80 Coalition Labor Study NE Economic Developers Assoc. Co-Chair/Chair for 7 years Grand Island Area Chamber of Commerce Grand Island/Hall County Convention and Visitors Bureau Grand Island Sports Council Hall County Airport Authority International Economic Development Council Mid America Economic Development Council Nebraska Chamber of Commerce Creating and retaining jobs has bolstered economic development. The Grand Island area is well prepared for long-term growth thanks to LB-840: Increased population Creating new opportunities for all citizens Expanded tax base Helping local businesses 3rd largest community for manufacturing jobs Nearly $3 million in grants received Approximately 1,300 acres of industrial park land available Quality of life The use of LB-840 funds and the dedication of the GIAEDC has positioned Grand Island/Hall County for continued growth for years to come. Thank you! Item F1 #9327 - Consideration of Request to Rezone Properties Located North and West of US Hwy 281 and South of Airport Road from AG-2 – Secondary Agricultural to B2 – General Business This item relates to the aforementioned Public Hearing item E-4. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9327 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of a tract of land comprising: Lot 1 of Olson Subdivision an Addition to the City of Grand Island, Hall County, Nebraska, from AG 2 Secondary Agricultural District to B2 General Business Zone, directing the such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; amending the zoning map pursuant to Chapter 36; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on September 7, 2011, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, the requested change is found to be in compliance with the Comprehensive Development Plan of the City of Grand Island as adopted July 13, 2004 and subsequently amended; and WHEREAS, after public hearing on September 27, 2011, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tracts of land are hereby rezoned, reclassified and changed from AG 2 Secondary Agricultural Zone to B2 General Business Zone : All of Lot 1 of Olsson Subdivision an Addition to the City of Grand Island, Hall County, Nebraska ORDINANCE NO. 9327 (Cont.) - 2 - SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That 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: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9328 - Consideration of Annexation for Property Located South of Airport Road/US Highway 281 and the West Side of Broadwell Avenue North of the Burlington Northern Santa Fe Tracks Including Eagle Scout Park & Veterans Field (Area 3a) (First Reading) This item relates to the aforementioned Public Hearing item E-5. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9328 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of U.S. Highway 281 and south of Airport Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “3a”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point On The North Line Of Airport Road, U.S. Highway 281 Said Point Being 2,544.35’ West Of And 86.51’ North Of The Northeast Corner Section 5-11-9 Thence Easterly On A Line 86.51’ North Of And Parallel To The North Of Section 5-11- 9 And Section 4-11-9 To A Point On The West Line Of Homestead Second Subdivision Thence Southerly On A Line To The South Right Of Way Line Of Airport Road Thence Southwesterly To The East Right Of Way Line Of Broadwell Avenue Thence Southerly On The East Right Of Way Line Of Broadwell To A Point On The South Line Of Northwest Quarter Of Northwest Quarter Section 4-11-9 Thence Westerly On Said South Line Northwest Quarter, Northwest Quarter Section 4-11-9 To The West Line Of Section * This Space Reserved For Register of Deeds * ORDINANCE NO. 9328 (Cont.) - 2 - 4-11-9 Thence Southerly On The West Line Of Section 4-11-9 To A Point On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad Thence Northwesterly On The South Right Of Way Line Of The Burlington Northern Santa Fe Railroad To A Point On The West Line Of Southeast Quarter Section 5-11-9 Thence Northerly On The West Line Of Southeast Quarter And Northeast Quarter Section 5-11-9 To The Point Of Beginning. WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9328 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9328 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9328 (Cont.) - 5 - Item F3 #9329 - Consideration of Annexation of Property Located North of Bismark Road on the East Side of Stuhr Road (Annexation Area 6) (First Reading) This item relates to the aforementioned Public Hearing item E-6. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9329 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land east of Stuhr Road and north of Bismark Road along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “6 ”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At A Point 33’ South Of And 183’ East Of Northwest Corner 23-11-9 Said Point Being On The South Line Of Bismark Road Thence Continuing Easterly On The South Line Of Bismark Road For A Distance Of 177.5’ Thence Northerly On A Line 360.5’ East Of And Parallel To The West Lines Of Section 23-11-9 And 14-11-9 Thence Westerly On A Line 191.1’ North Of And Parallel To The South Line Of Section 14-11-9 For A Distance Of 73.63’ Thence Northerly On A Line 286.87’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 43.30’ Thence Westerly On A Line To A Point 260’ East Of West Line Section 14-11-9 And 234.4’ North Of South Line Of Section 14-11-9 Thence Northerly On A Line 260.0’ East Of And Parallel To The West * This Space Reserved For Register of Deeds * ORDINANCE NO. 9329 (Cont.) - 2 - Line Of Section 14-11-9 For A Distance Of 170.0’ Thence West On A Line To A Point 191.10’ East Of And 404.4’ North Of The South Line Of Section 14-11-9 Thence Northerly On A Line 191.1’ East Of And Parallel To The West Line Of Section 14-11-9 For A Distance Of 539.47’ Thence Westerly on A Line 943.87’ North Of And Parallel To The South Line Of Section 14-11-9 To The East Line Of Stuhr Road Thence Northerly On The East Line Of Stuhr Road To The Southwest Corner Of Lot 101 Industrial Addition Thence Easterly On The South Line Of Lot 101, 100 & 90 Industrial Addition For A Distance of 884.63’ Thence Southeasterly On The Southwest Line Of Lot 99 Industrial Addition For A Distance Of 146.53’ Thence Northeasterly On The East Line Of Lot 99 Industrial Addition For A Distance Of 50’ To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said Southerly Line Of Burlington Northern Santa Fe Railroad To The Northwest Corner Lot 102 Industrial Addition Thence Southerly On The West Line Of Lots 102, 110, 111 & 118 Industrial Addition To The Southwest Corner Of Lot 118 Industrial Addition Thence Easterly On The South Line Of Lots 115, 116, 117 & 118 Industrial Addition To The Southeast Corner Of Lot 115 Industrial Addition Thence Northerly On The East Line Of Lots 114 & 115 For A Distance of 380’ ± Thence South Easterly On A Southerly Line Of Lot 114 Industrial Addition To The Southeast Corner Of Lot 114 Industrial Addition Thence Easterly On The South Line Of Lot 114 Industrial Addition To The Southerly Line Of The Burlington Northern Santa Fe Railroad Right Of Way Thence Southeasterly On Said South Line Of The Burlington Northern Santa Fe Railroad To A Point Of The South Line Of Bismark Road Thence Southwesterly On A Line For A Distance Of 166.5’± Thence Northwesterly On A Line For A Distance Of 330’ To A Said Point Being 169.4’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line For A Distance of 418.9’ To A Point Being 161’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 1000’ To A Point Being 151’ South Of The North Line Of Section 23-11-9 Thence Continuing Westerly On A Line For A Distance Of 587.6’ To A Point 149.63’ South Of The North Line Of Section 23- 11-9 Thence Continuing Westerly On A Line For A Distance Of 912.4’ To A Point Being 148’ South Of The North Line Of Section 23-11-9 Thence Westerly On A Line Being 148’ South Of And Parallel To The North Line Of Section 23-11-9 For A Distance Of 224.6’ Thence Northerly On A Line For A Distance Of 115’ To The Point Of Beginning. WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: ORDINANCE NO. 9329 (Cont.) - 3 - SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenie nce and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject ORDINANCE NO. 9329 (Cont.) - 4 - to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9329 (Cont.) - 5 - Item F4 #9330 - Consideration of Annexation of Property Located North of US Highway 34 on the East Side of South Locust Street (Annexation Area 7) (First Reading) This item relates to the aforementioned Public Hearing item E-7. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9330 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land east of Locust Street and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “7”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southeast Corner Of Desert Rose Subdivision Thence North On The East Line Of Desert Rose Subdivision For A Distance Of 323.6’ Thence Easterly On The South Line Of Desert Rose Sub For A Distance Of 55’ Thence Northerly On The East Line Of Desert Rose Subdivision For A Distance Of 201’ To The Northeast Corner Of Desert Rose Subdivision Thence Easterly On An Extension Of The North Line Of Desert Rose Subdivision For A Distance Of 445’ ± Thence Northerly On A Line For A Distance Of 669.4’± To The South Line Of Firethorne Estates Subdivision Thence Easterly On The South Line Of Firethorne Estates Subdivision For A Distance Of 1,223.6’± Thence Southerly On A Line For A Distance Of 327.5’± Thence Southwesterly On A Line For A * This Space Reserved For Register of Deeds * ORDINANCE NO. 9330 (Cont.) - 2 - Distance Of 654.1’± Thence Westerly On A Line For A Distance Of 106’ Thence Southerly On A Line For A Distance Of 193.6’± Thence Easterly On A Line For A Distance Of 106’ Thence South On A Line To A Point On The North Line Of the U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said U.S. Highway 34, Husker Highway To The West Line Of Northeast Quarter Of Northwest Quarter Section 34-11-9 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 34-11-9 To The North Line Of Section 34-11-9 Thence Continuing Northerly On The West Line Of The Southeast Quarter Of Southwest Quarter Section 27-11-9 To The North Line Of U.S. Highway 34, Husker Highway Thence Westerly And Northerly On The North Line Of U.S. Highway 34, Husker Highway To The Point Of Beginning WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. ORDINANCE NO. 9330 (Cont.) - 3 - (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. ORDINANCE NO. 9330 (Cont.) - 4 - SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9330 (Cont.) - 5 - Item F5 #9331 - Consideration of Annexation of Property Located North of Husker Highway to the West Side of US Highway 281 and Prairieview Street (Annexation Area 12) (First Reading) This item relates to the aforementioned Public Hearing item E-8. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9331 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of U.S. Highway 281 and north of U.S. Highway 34 along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “12”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Southwest Corner Of Pedcor Subdivision Thence Continuing Southerly On An Extension Of The West Line Of Pedcor Subdivision To The West Line Of Pedcor Subdivision To The Southerly Line Of U.S. Highway 34, Husker Highway Thence Westerly On The South Line Of Said Highway To A Point On The West Line Of The Northeast Quarter Of The Northwest Quarter Section 36-11-10 Thence Northerly On The West Line Of Northeast Quarter, Northwest Quarter Section 36-11-10 To The Northwest Corner Of Northeast Quarter, Northwest Quarter Section 36-11-10 Said Point Also Being The Southwest Corner Of Southeast Quarter Of Southwest Quarter Section 25-11-10 Thence Continuing Northerly On The West Line Of The Southeast Quarter, * This Space Reserved For Register of Deeds * ORDINANCE NO. 9331 (Cont.) - 2 - Southwest Quarter, Northeast Quarter, Southwest Quarter And The Southeast Quarter Northwest Quarter Section 25-11-10. To The Northwest Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Northeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 The Southerly On The East Line Of Southeast Quarter, Northwest Quarter Section 25-11-10 To The Southeast Corner Of Southeast Quarter, Northwest Quarter Section 25-11-10 Said Point Also Being The Center Of Section 25-11-10 Thence Easterly On The North Line Of Southeast Quarter Section 25-11-10 To The Northwest Corner Of Pedcor Second Subdivision Thence Southerly On The West Line Of Pedcor Second Subdivision and Pedcor Subdivision To The Point Of Beginning WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. ORDINANCE NO. 9331 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way tha t are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. ORDINANCE NO. 9331 (Cont.) - 4 - SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9331 (Cont.) - 5 - Item F6 #9332 - Consideration of Annexation of Property Located South of Old Potash Highway on the West Side of North Road (Annexation Area 13) (First Reading) This item relates to the aforementioned Public Hearing item E-9. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9332 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land west of North Road and south of Old Potash Highway along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “13”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Northeast Corner Section 23-11-10 Thence Southerly On The East Line Of Said Section 23-11-10 To A Point 300’ North Of The Southeast Corner Of Northeast Quarter Of Northeast Quarter section 23-11-10 Thence West On A Line For A Distance Of 333’ Thence Southerly On A Line For A Distance Of 300’ To A Point On The North Line Of Gosda Subdivision Thence Westerly On The North Line Of Gosda Subdivision To The Northwest Corner Of Gosda Subdivision Thence Southerly On The West Line Of Gosda Subdivision, Springdale Subdivision And Springdale Second Subdivision To The North Line Of Garland Subdivision Thence Westerly On The North Line Of Garland Subdivision To The Northwest Corner Of Garland Subdivision Also * This Space Reserved For Register of Deeds * ORDINANCE NO. 9332 (Cont.) - 2 - Being The Southwest Corner Northeast Quarter Section 23-11-10 Thence Continuing Westerly On The South Line Of The Northwest Quarter Section 23-11-10 For A Distance Of 35’ Thence Northerly On A Line To The Southeast Corner Of Copper Creek Estates Subdivision Thence continuing Northerly On The East Line Of Copper Creek Estates Subdivision To The Northeast Corner Of Copper Creek Estates Subdivision Being On The North Line Of Section 23-11-10 To The Point Of Beginning WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emerge ncy services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience ORDINANCE NO. 9332 (Cont.) - 3 - and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutio ns or parts thereof in conflict herewith are hereby repealed. ORDINANCE NO. 9332 (Cont.) - 4 - SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9332 (Cont.) - 5 - Item F7 #9333 - Consideration of Annexation of Property Located South of 13th Street on the East and West Side of North Road and North of Faidley Avenue (Annexation Area 14) (First Reading) This item relates to the aforementioned Public Hearing item E-10. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9333 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tracts of land east and west of North Road and south of 13th Street along with all adjoining public Right-of-Way in Hall County, Nebraska referenced as annexation area “14”as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after public hearing on July 6, 2011, the Regional Planning Commission recommended the approval of annexing into the City of Grand Island, the following tract of land in Hall County, Nebraska: Beginning At The Northwest Corner East Half Of Northwest Quarter Section 13-11-10, Said Point Also Being The Northwest Corner Of Larue Third Subdivision Thence Southerly On The West Line Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision To The Southwest Corner Of Larue Third Subdivision Said Point Also Being The Southwest Corner Of The East Half Of Northwest Quarter Of Section 13-11-10 Thence Westerly On The South Line Of The Northwest Quarter Section 13-11-10 To The West Line Section 13-11-10 Thence North On The West Line Of Section 13-11-10 Also Being The East Line Of Section 14-11-10 To The Northeast Corner Of Westwood Park Subdivision Said Point Also Being The Northeast Corner Of * This Space Reserved For Register of Deeds * ORDINANCE NO. 9333 (Cont.) - 2 - Southeast Quarter Of Northeast Quarter Section 14-11-10 Thence Westerly On The North Line Of Westwood Park Subdivision To The Southeast Corner Lot 1 Block 2 Neumann Second Subdivision Thence Northerly On The East Line Of Neumann Second Subdivision And Extension There Of To The North Line Of Section 14-11-10 Thence Easterly On The North Line Of Section 14-11-10 To The Northeast Corner Of Section 14-11-10 Also Being The Northwest Corner Section 13-11-10 Thence Continuing Easterly On The North Line Of Section 13-11-10 To The Point Of Beginning WHEREAS, after public hearing on September 27, 2011, the City Council of the City of Grand Island found and determined that such annexation be approved; and WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation will have no impact on the extraterritorial zoning jurisdiction. ORDINANCE NO. 9333 (Cont.) - 3 - (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. (E) The plan for extending City services is hereby approved and ratified as amended. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. ORDINANCE NO. 9333 (Cont.) - 4 - SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9333 (Cont.) - 5 - Item F8 #9334 - Consideration of Annexation of Olson Subdivision Located South of Airport Road and North and West of US Highway 281 (First Reading). This item relates to the aforementioned Public Hearing item E-11. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9334 An ordinance to extend the boundaries and include within the corporate limits of, and to annex into the City of Grand Island, Nebraska, a tract of land comprised of Olson Subdivision and the adjoining Right-Of-Way for Airport Road and U.S. Highway 281 in Hall County, Nebraska as more particularly described hereinafter and as shown on Exhibit “A” attached hereto; to provide service benefits thereto; to repeal any ordinance or resolutions or parts of thereof in conflict herewith; to provide for publication in pamphlet form; and to provide the effective date of this ordinance. WHEREAS, after the Phil A Mader and Linda Mader as owners of the property submitted a plat of Olson Subdivision an Addition to the City of Grand Isla nd for approval; and WHEREAS, the Annexation Component of the Comprehensive Development Plan for the City of Grand Island requires that owners of property proposed for subdivision adjacent to the Corporate Limits submit such subdivisions as additions to the City; and WHEREAS, according to NRSS §16-177 the City of Grand Island can upon petition of the property owner(s) of property contiguous and adjacent to the City Limits annex said property by ordinance; and * This Space Reserved For Register of Deeds * ORDINANCE NO. 9334 (Cont.) - 2 - WHEREAS, on September 27, 2011, the City Council of the City of Grand Island approved such annexation on first reading. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. It is hereby found and determined that: (A) The above-described tracts of land are urban or suburban in character, and that the subject properties are contiguous or adjacent to the corporate limits of said City. (B) The subject lands will receive the material benefits and advantages currently provided to land within the City's corporate limits including, but not limited to police, fire, emergency services, street maintenance, and utilities services upon annexation to the City of Grand Island, Nebraska, and that City electric, water and sanitary sewer service is available, or will be made available, as provided by law. (C) The various zoning classifications of the land shown on the Official Zoning Map of the City of Grand Island, Nebraska, are hereby confirmed and that this annexation does not extend the extraterritorial zoning jurisdiction. (D) There is unity of interest in the use of the said tract of land, lots, tracts, highways and streets (lands) with the use of land in the City, and the community convenience and welfare and in the interests of the said City will be enhanced through incorporating the subject land within the corporate limits of the City of Grand Island. SECTION 2. The boundaries of the City of Grand Island, Nebraska, be and are hereby extended to include within the corporate limits of the said City the contiguous and adjacent tract of land located within the boundaries described above. ORDINANCE NO. 9334 (Cont.) - 3 - SECTION 3. The subject tract of land is hereby annexed to the City of Grand Island, Hall County, Nebraska, and said land and the persons thereon shall thereafter be subject to all rules, regulations, ordinances, taxes and all other burdens and benefits of other persons and territory included within the City of Grand Island, Nebraska. SECTION 4. The owners of the land so brought within the corporate limits of the City of Grand Island, Nebraska, are hereby compelled to continue with the streets, alleys, easements, and public rights-of-way that are presently platted and laid out in and through said real estate in conformity with and continuous with the streets, alleys, easements and public rights-of-way of the City. SECTION 5. That a certified copy of this Ordinance shall be recorded in the office of the Register of Deeds of Hall County, Nebraska and indexed against the tracts of land. SECTION 6. Upon taking effect of this Ordinance, the services of said City shall be furnished to the lands and persons thereon as provided by law, in accordance with the Plan for Extension of City Services adopted herein. SECTION 7. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. SECTION 8. This ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet form, as provided by law. Enacted: September 27, 2011. ORDINANCE NO. 9334 (Cont.) - 4 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk ORDINANCE NO. 9334 (Cont.) - 5 - Item F9 #9335 - Consideration of City Council’s Approval of all Individual City Negotiators Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Councilman Larry Carney City of Grand Island City Council Council Agenda Memo From: Councilmember Larry Carney Meeting: September 27, 2011 Subject: City Council Approval of City Negotiators Item #’s: F-9 Presenter(s): Councilmember Larry Carney Background To allow the City Council to participate in the selection of City negotiators. Discussion Is is thought to be in the City’s best interest to require the City Council to approve all City negotiators prior to labor negotiations on behalf of the City. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation Recommend that the Council approve Ordinance No. Sample Motion Move to approve Ordinance No. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney ORDINANCE NO. 9335 WHEREAS, pursuant to Neb Rev. Stat. §16-201, the City has authority, by Ordinance to make all rules and regulations, not inconsistent with state laws; and WHEREAS, an ordinance to require the City Council’s approval of all individual City negotiators prior to entering into labor contract negotiations, on behalf of the City, with any individual or union; 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. The Mayor and Council hereby find and determine: that it is in the City’s best interest to require the City Council to approve all City negotiators prior to labor negotiations on behalf of the City. SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication in one issue of the Grand Island Independent, within fifteen days as provided by law. Enacted: September 27, 2011. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 13, 2011 City Council Regular Meeting Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING September 13, 2011 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on September 13, 2011. Notice of the meeting was given in The Grand Island Independent on September 7, 2011. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch Nickerson, Linna Dee Donaldson, Scott Dugan and John Gericke. Councilmember Randy Gard was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, and Public Works Director John Collins. INVOCATION was given by Pastor John Hayes, Grace Baptist Church, 1115 South Vine Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council members Evan Dexter and Jackson Buck. Mayor commented on signing the final bonds for the Heartland Events Center with a gross debt service savings of $900,000. Mentioned were the following boards that had vacancies: Regional Planning Commission, BID #8, and Citizens’ Review Committee. City Administrator Mary Lou Brown commented on upcoming Study Sessions in October. Extension of sewer on Highway 281 would be brought forward in October. BOARD OF EQUALIZATION: Motion by Gilbert, second by Ramsey, carried unanimously to adjourn to the Board of Equalization. #2011-BE-2 – Consideration of Determining Benefits for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road. City Administrator Mary Lou Brown reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #4. Special assessments were for the amount of $27,966.14. #2011-BE-3 – Consideration of Determining Benefits for Business Improvement District #6, Second Street. City Administrator Mary Lou Brown reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #6. Special assessments were for the amount of $14,288.66. #2011-BE-4 – Consideration of Determining Benefits for Business Improvement District #7, South Locust Street from Stolley Park Road to Highway 34. City Administrator Mary Lou Brown reported that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #7. Special assessments were for the amount of $58,882.38. #2011-BE-5 – Consideration of Determining Benefits for Business Improvement District #8, Downtown. City Administrator Mary Lou Brown reported that the City Council in its’ capacity Page 2, City Council Regular Meeting, September 13, 2011 as the Board of Equalization was required to determine the benefits for BID #8. Special assessments were for the amount of $89,691.84. Presented were two Resolutions with a 70% and 100% assessment for owner occupied residents. Motion by Gilbert, second by Ramsey to approve Resolutions #2011-BE-2, #2011-BE-3, #2011- BE-4 and #2011-BE-5 (A). Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Dugan carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on General Property, Parking District #2 (Ramp) and Community Development Authority Tax Request. City Administrator Mary Lou Brown reported that state statutes requires the City to conduct a pub lic hearing if the property tax request changes from one year to the next. Property tax request for the 2011-2012 general property tax was $7,970,431, Parking District No. 2 at $8,000, and the Community Redevelopment Authority property tax at $639,405. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing the Rates for the General Occupation Tax for Downtown Parking District No. 1. City Administrator Mary Lou Brown reported that this was the annual Council action to establish the occupation tax for Downtown Improvement and Parking District No. 1. FY 2011-2012 occupation tax factor was $.1732 per square foot and would provide taxes of $39,992.53. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at the Southwest Corner of the Intersection of Belfry Blvd. and August Parkway (Indianhead Golf Club). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at the southwest corner of the intersection of Belfry Blvd. and August Parkway was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of locating a three phase pad mounted transformer and high voltage switch gear for the residential subdivision and the sewer lift station. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at the Northeast Corner of Stolley Park School Property (School District of Grand Island). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at the northeast corner of Stolley Park School property was needed in order to have access to install, upgrade, maintain, and repair water lines and public fire hydrant for the purpose to provide a new public fire hydrant. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 1220 S. Gunbarrel Road (Christopher & Natalie Meister). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 1220 S. Gunbarrel Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of correcting the easement on Lot Two (2), Paradise Lake Estates Fourth Subdivision. Staff recommended approval. No public testimony was heard. Page 3, City Council Regular Meeting, September 13, 2011 Public Hearing on Acquisition of Utility Easement located at the Northeast Corner of Starr School Property (School District of Grand Island). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at the northeast corner of Starr School property was needed in order to have access to install, upgrade, maintain, and repair a water line and fire hydrant for the purpose to provide a new public fire hydrant. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 5112 S. Antelope Drive (Rich & Sons Camper Sales). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 5112 S. Antelope Drive was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers for the purpose of locating a pad mounted transformer, electrical conduits and cable to serve the expanded facility of Rich and Sons Camper Sales. Staff recommended approval. No public testimony was heard. RESOLUTION: #2011-258 – Consideration of Approving the IBEW (Service/Clerical) Labor Agreement. Human Resources Director Brenda Sutherland reported that this contract was for one year with a 1.75% wage increase and a ten cent shift differential for the position of Public Safety Dispatcher for hours worked between 3:00 p.m. and 11:00 p.m. Other changes were the addition of the Community Development Specialist, renaming the GIS Specialist to GIS Coordinator, medical leave to care for immediate family members increased from forty hours to eighty hours, grandchildren were moved from non-immediate family to immediate family in the Bereavement Leave policy, and temporary Disability was more defined to match the language commonly used in other IBEW contracts. Discussion was held regarding the non-binding arbitration and how it compared to other cities. Ms. Sutherland stated typically discipline was not compared with other cities and this was comparable to other contracts the City had. Explained were the non-binding arbitration and the additional time this step would take. Motion by Ramsey, second by Donaldson to approve Resolution #2011-258. Upon roll call vote, all voted aye. Motion adopted. IBEW representatives Dan Quick and Larry Grim were present to sign the IBEW Labor Agreement along with Mayor Vavricek. ORDINANCES: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: #9318 – Consideration of Approving FY 2011-2012 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 #9319 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 Page 4, City Council Regular Meeting, September 13, 2011 #9320 – Consideration of Assessments for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road #9321 – Consideration of Assessments for Business Improvement District #6, Second Street #9322 – Consideration of Assessments for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 #9323 (A) – Consideration of Assessments for Business Improvement District #8, Downtown #9324 – Consideration of Creation of Sanitary Sewer District No. 529; Westwood Park Subdivision #9325 – Consideration of Granting a Temporary Construction Easement to Burlington Northern Santa Fe (BNSF) on City Owned Property Located West of Webb Road and North of BNSF Railroad Tracks #9326 – Consideration of Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Ramsey second the motion. Upon roll call vote, all voted aye. Motion adopted. #9326 – Consideration of Salary Ordinance Human Resources Brenda Sutherland reported that Ordinance #9326 would allow for the IBEW Service/Clerical Labor Agreement previously adopted and make two corrections to the previous Salary Ordinance. Motion by Donaldson, second by Dugan to approve Ordinance #9326. City Clerk: Ordinance #9326 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, and Dugan voted aye. Councilmember’s Haase and Gericke voted no. Motion adopted. City Clerk: Ordinance #9326 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, and Dugan voted aye. Councilmember’s Haase and Gericke voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9326 is declared to be lawfully adopted upon publication as required by law. #9318 – Consideration of Approving FY 2011-2012 Annual Single City Budget, The Annual Appropriations Bill Including Addendum #1 City Administrator Mary Lou Brown highlighted the changes to the 2011 forecast and 2012 ending cash balances. Public Works Director John Collins presented a PowerPoint answering questions from Council regarding the Wastewater budget. Page 5, City Council Regular Meeting, September 13, 2011 Discussion was held regarding the valuation, mill levy, and programs through Program Prioritization. Motion by Dugan, second by Nickerson to approve Ordinance #9318. City Clerk: Ordinance #9318 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Nickerson, Donaldson, Dugan and Gericke voted aye. Councilmember’s Haase, Carney, Ramsey, and Gilbert voted no. Mayor Vavricek cast the sixth and deciding vote to approve. Motion adopted. City Clerk: Ordinance #9318 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Niemann, Nickerson, Donaldson, Dugan and Gericke voted aye. Councilmember’s Haase, Carney, Ramsey, and Gilbert voted no. Mayor Vavricek cast the sixth and deciding vote to approve. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9318 is declared to be lawfully adopted upon publication as required by law. #9319 – Consideration of Amendments to Chapter 13 of the Grand Island City Code Relative to Occupation Tax for Downtown Improvement and Parking District No. 1 City Administrator Mary Lou Brown stated this item related to the aforementioned Public Hearing. Motion by Gilbert, second by Gericke to approve Ordinance #9319. City Clerk: Ordinance #9319 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9319 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9319 is declared to be lawfully adopted upon publication as required by law. #9320 – Consideration of Assessments for Business Improvement District #4, South Locust Street from Stolley Park Road to Fonner Park Road #9321 – Consideration of Assessments for Business Improvement District #6, Second Street #9322 – Consideration of Assessments for Business Improvement District #7, South Locust from Stolley Park Road to Highway 34 #9323 (A) – Consideration of Assessments for Business Improvement District #8, Downtown Motion by Ramsey, second by Niemann to approve Ordinances #9230, #9321, #9322, #9323. Page 6, City Council Regular Meeting, September 13, 2011 City Clerk: Ordinances #9320, #9321, #9322, and #9323 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9320, #9321, #9322, and #9323 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9320, #9321, #9322, and #9323 are declared to be lawfully adopted upon publication as required by law. City Attorney Robert Sivick stated Ordinance #9323 needed to be clarified as to which percent was approved, either the 70% - (A) or the 100% - (B). Motion by Gilbert, second by Niemann to clarify Ordinance #9323 (A) be approved. Upon roll call vote, all voted aye. Motion adopted. #9324 – Consideration of Creation of Sanitary Sewer District No. 529; Westwood Park Subdivision Public Works Director John Collins reported that Ordinance #9324 would create Sanitary Sewer District No. 529 in Westwood Park Subdivision. A petition was received for the sanitary sewer signed by 22 residents Motion by Dugan, second by Donaldson to approve Ordinance #9324. City Clerk: Ordinance #9324 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9324 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9324 is declared to be lawfully adopted upon publication as required by law. #9325 – Consideration of Granting a Temporary Construction Easement to Burlington Northern Santa Fe (BNSF) on City Owned Property Located West of Webb Road and North of BNSF Railroad Tracks Regional Planning Director Chad Nabity reported that Ordinance #9325 would provide for a temporary construction easement with BNSF for a double track expansion. Motion by Gilbert, second by Donaldson to approve Ordinance #9325. City Clerk: Ordinance #9325 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Page 7, City Council Regular Meeting, September 13, 2011 City Clerk: Ordinance #9325 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9325 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA:. Consent agenda item G16 was removed for further discussion. Motion by Ramsey, second by Dugan to approve the Consent Agenda excluding itemG-16. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 23, 2011 City Council Regular Meeting. Approving Minutes of August 25, 2011 City Council Special Meeting. #2011-228 – Approving Interlocal Cooperative Agreement for School Resource Officer (SRO) with the Grand Island Public Schools. #2011-229 – Approving Police Service Contract with Hall County Housing Authority (HCHA). #2011-230 – Approving Acquisition of Utility Easement located at the Southwest Corner of Intersection of Belfry Blvd. & August Parkway (Indianhead Golf Club). #2011-231 – Approving Acquisition of Utility easement located at the Northeast Corner of Stolley Park School Property (School District of Grand Island). #2011-232 – Approving Acquisition of Utility Easement located at 1220 S. Gunbarrel Road (Christopher & Natalie Meister). #2011-233 – Approving Acquisition of Utility Easement located at the Northeast Corner of Starr School Property (School District of Grand Island. #2011-234 – Approving Acquisition of Utility Easement located at 5112 S. Antelope Drive (Rich & Sons Camper Sales). #2011-235 – Approving Change Order #1 for Water Main Project 2011-W-1 Water Main Replacement – 7th Street, Elm to Clark, and Clark from 7th to 9th Street with Diamond Engineering Company of Grand Island, Nebraska for an increase of $23,418.38 and a Revised Contract Amount of $230,325.70. #2011-236 – Approving the Boiler & Machinery Insurance for the Utilities Department for 2011- 2012 with Factory Mutual Insurance Company of St. Louis, Missouri in an Amount of $382,936.00 and Terrorism Insurance Coverage in an Amount of $22,372.00. #2011-237 – Approving Bid Award for Building Reconstruction – Lift Station No. 4; Project No. 2011-S-4 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $38,372.80. Page 8, City Council Regular Meeting, September 13, 2011 #2011-238 – Approving Union Pacific Railroad/Elm Street Crossing Closure Agreement with Union Pacific Railroad, Nebraska Department of Roads, and Gavilon. #2011-239 – Approving Supplemental No. 1 to the Agreement with Nebraska Department of Roads for the State Street and Capital Avenue Connector Trail. #2011-240 – Approving Change Order No. 1 for Asphalt Maintenance Project 2011-AC-1 with J.I.L. Asphalt Paving Co. of Grand Island, Nebraska for an increase of $22,788.00 and a Revised Contract Amount of $328,252.36. #2011-242 – Approving Bid Award for Grand Island Quiet Zone Project No. 2012-QZ-1 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $247,718.25. #2011-243 – Approving Change Order No. 2 on Project WWTP-2010-3 for Aeration Basin Improvements at the Wastewater Treatment Plant with Oakview of Red Oak, Iowa for an increase of $397,897.00 and a Revised Contract Amount of $3,974,149.00. #2011-244 – Approving Bid Award for Moores Creek Drain Extension – Old Potash Crossing; Drainage Project No. 2008-D-2 with Midlands Contracting, Inc. of Kearney, Nebraska in an Amount of $166,805.00. #2011-245 – Approving Bid Award for 2011-MH REHAB-1 Sanitary Sewer Manhole Rehabilitation Project with Midlands Contracting, Inc. of Kearney, Nebraska in an Amount of $151,809.00. #2011-246 – Approving Application for 2011 Transportation Enhancement Program Grant for the Capital Avenue – Webb road to Broadwell Avenue Trail in an Amount of $173,544.78. #2011-247 – Approving Application for 2011 Transportation Enhancement Program Grant for the Broadwell Avenue – Capital Avenue to Eagle Scout Park Trail in an Amount of $178,091.00. #2011-248 – Approving Application for 2011 Transportation Enhancement Program Grant for the Mormon Island Trail in an Amount of $345,206.00. #2011-249 – Approving Bid Award for the St. Joseph Trail Reconstruction – 2011 with Diamond Engineering Company of Grand Island, Nebraska in an Amount of $168,769.25. #2011-250 – Approving Agreement for Temporary Construction Easement at the Southwest Corner of Capital Avenue and Sky Park Road (Procon Development Company, L.L.C.). #2011-251 – Approving Bid Award for the Southwest Drainage 2011-D-1 Project Pipe with Rinker Materials of Valley, Nebraska in an Amount of $199,728.10. #2011-252 – Approving Water Main Extension Agreement with the Union Pacific Railroad Company. #2011-253 – Approving 2011-2012 Victims of Crime Act (VOCA) Grant in an Amount of $46,110.00. Page 9, City Council Regular Meeting, September 13, 2011 #2011-254 – Approving Contract with The Grand Island Independent for Newspaper Advertisement. #2011-255 – Approving Annual Renewal for Health and Dental Contract with Regional Care, Inc. (RCI). #2011-241 – Approving Bid Award for Submersible Sewage Pumps at Wastewater Treatment Plant with Electric Pump of Des Moines, Iowa in an Amount of $99,472.00. Discussion was held regarding the disparity in the bid numbers. Public Works Director John Collins explained the bid process. This was a re-bid and bidders met specifications. Motion by Nickerson, second by Carney to approve Resolution #2011-241. Upon roll call vote, all voted aye. RESOLUTIONS: #2011-227 – Consideration of Approving 2011-2012 Fee Schedule. This item was referred from the August 25, 2011 City Council meeting. Discussion was held regard the cost recove r of these fees as they related to programs. Motion by Ramsey, second by Donaldson to approve Resolution #2011-227. Upon roll call vote, all voted aye. Motion adopted. #2011-256 – Consideration of Approving General Property, Parking District #2 (Ramp) and Community Redevelopment Authority Tax Request. This item related to the aforementioned Public Hearing. Discussion was held regarding the increase in taxes on property owners. Motion by Donaldson, second by Dugan to approve Resolution #2011-256. Upon roll call vote, Councilmember’s Carney, Niemann, Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmember’s Haase, Ramsey, and Gilbert voted no. Motion adopted. #2011-257 – Consideration of Approving 1% Increase to the Lid Limit. City Administrator Mary Lou Brown reported that in 1998 the Nebraska State Legislature passed LB 989 which put a cap on the amount of restricted revenues a political subdivision could budget for. The restricted revenues that the City of Grand Island included in the budget were Property Taxes, Local Option Sales Tax, Motor Vehicle Tax, Highway Allocation and State Aid. Of those restricted revenues, property tax was the only revenue that the City could control. The increase in restricted funds authority using the 1% additional amount and the population growth (when available) was not an increase in budgeted revenues. It only provided the ability to increase restricted revenues, particularly property tax, in a future year if necessary. Discussion was held regarding the legislative intent to keep a lid on property tax. Human Resources Director Brenda Sutherland commented on CIR issues concerning legislative bills regarding available funds to pay comparables. Comments were made by council concerning the amount that could be raised by the 1% increase to the lid. Page 10, City Council Regular Meeting, September 13, 2011 Motion by Gilbert, second by Gericke to approve Resolution #2011-257. Upon roll call vote, Councilmember’s Niemann and Gericke voted aye. Councilmember’s Haase, Carney, Ramsey, Gilbert, Nickerson, Donaldson, and Dugan vote no. Motion failed. PAYMENT OF CLAIMS: Motion by Dugan, second by Nickerson to approve the Claims for the period of August 24, 2011 through September 13, 2011, for a total amount of $4,890,010.92. Unanimously approved. ADJOURN TO EXECUTIVE SESSION: Comments were made concerning the purpose of Executive Sessions and the need for them. Motion by Gilbert, second by Ramsey to adjourn to Executive Session at 8:37 p.m. for the purpose of union negotiation updates with IBEW. Upon roll call vote, Councilmember’s Haase, Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, and Dugan voted aye. Councilmember Gericke voted no. Motion adopted. Councilmember Carney was absent at 8:37 p.m. RETURN TO REGULAR SESSION: Motion by Gilbert, second by Gericke to return to Regular Session at 9:50 p.m. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 9:50 p.m. RaNae Edwards City Clerk Item G2 Approving Appointment of Eric D. Edwards to the Business Improvement District #8 Board The Mayor has submitted the appointment of Eric D. Edwards to the Business Improvement District #8 Board to replace Mike Wooden. This appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2013. Approval is recommended. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G3 Approving Re-Appointment of Tom Gdowski to the Community Redevelopment Authority Board The Mayor has submitted the re-appointment of Tom Gdowski to the Community Redevelopment Authority Board. This appointment would become effective October 1, 2011 upon approval by the City Council and would expire on September 30, 2016. Approval is recommended. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Re-Appointment of Bob Loewenstein to the Animal Advisory Board The Mayor has submitted the re-appointment of Bob Loewenstein to the Animal Advisory Board. This appointment would become effective October 9, 2011 upon approval by the City Council and would expire on October 8, 2014. Approval is recommended. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G5 Approving Garbage Permits for Clark Brothers Sanitation, Heartland Disposal, Mid-Nebraska Disposal, Inc. and Refuse Permits for Full Circle, Inc. and O’Neill Transportation and Equipment Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: September 27, 2011 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2011/2012: Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 4331 Juergen Road Refuse O’Neill Transportation and Equipment, 558 S. Stuhr Rd. Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2011/2012. Sample Motion Move to approve the renewal for garbage/refuse permits for 2011/2012. Item G6 #2011-259 - Approving Final Plat and Subdivision Agreement for Bosselville Third Subdivision Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: September 27, 2011 Subject: Bosselville Third Subdivision – Final Plat Item #’s: G-6 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This property is located north of Interstate 80 and west of US Hwy 281, in the two mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Consisting of (3 Lots) and 34.12 acres. Discussion The revised final plat for Bosselville Third Subdivision was considered by the Regional Planning Commission at the September 7, 2011 meeting. A motion was made by Ruge and seconded by Hayes to approve the plat as presented. A roll call vote was taken and the motion passed with 8 members present (Amick, Ruge, Hayes, Reynolds, Haskins, Monter, O’Neill and Snodgrass) voting in favor no member present abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the final plat as presented. Sample Motion Motion to approve as recommended. Bosselman Incorporated Developer/Owner 3123 W Stolley Park Rd. Grand Island NE 68801 To create 2 lots north of Interstate 80 and west of US Hwy 281, in the two mile extraterritorial jurisdiction of Grand Island, in Hall County, Nebraska. Size: 34.12 acres Zoning: B2 General Business Zone Road Access: County Road/State Road Water Public: City water is not available Sewe r Public: City sewer is not available Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-259 WHEREAS, Bosselman Incorporated, being the owner of the land described hereon, have caused same to be surveyed, subdivided, platted and designated as BOSSELVILLE THIRD SUBDIVISION, to be laid out into 3 lots, a tract of land consisting of Lots 1, 2 and 3, Block 1 of Bosselville Subdivision located in the Southeast Quarter (SE1/4) of Section 13 and the Northeast Quarter (NE1/4) of Section 24, and vacated Bosselman Avenue Right of Way located in the Northeast Quarter Of Section 24, All Located In Township Ten (10) North, Range Ten (10) West of the 6th P.M., in 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 herein before 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 OLSON 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, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2011-260 - Approving Acquisition of Utility Easement - 502 East Capital Avenue - Iglesia De Dios Eben-Ezer This item relates to the aforementioned Public Hearing item E-1. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-260 WHEREAS, a public utility easement is required by the City of Grand Island, from Iglesia De Dios Eben-Ezer to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on September 27, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southwest corner of Smith Acres Subdivision, located in the City of Grand Island, Hall County, Nebraska; thence northerly along the westerly line of said Smith Acres Subdivision, a distance of thirty three (33.0) feet to a point on the northerly right-of- way line of Capital Avenue, being the ACTUAL Point of Beginning; thence continuing northerly along the westerly line of said Smith Acres Subdivision, a distance of ninety (90.0) feet; thence westerly, parallel with the northerly right-of-way line of said Capital Avenue, a distance of twenty five (25.0) feet; thence southerly and parallel with the westerly line of said Smith Acres Subdivision, a distance of ninety (90.0) feet to a point on the northerly right-of-way line of said Capital Avenue; thence easterly along the northerly right-of-way line of said Capital Avenue, a distance of twenty five (25.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a total of 0.052 acres, more or less, as shown on the plat dated 8/24/2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Iglesia De Dios Eben-Ezer, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G8 #2011-261 - Approving Acquisition of Utility Easement - 2627 W. Highway 30 - Floor to Ceiling Store - Narber This item relates to the aforementioned Public Hearing item E-2. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-261 WHEREAS, a public utility easement is required by the City of Grand Island, from Jim and Donna Narber, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on September 27, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Commencing at the southeast corner of Lot Two (2), Commercial Industrial Park Second Subdivision; thence southwesterly along the southerly line of said Lot Two (2), a distance of one hundred thirty six (136.0) feet to the ACTUAL Point of Beginning; thence deflecting right 90°00’00” and running northwesterly, a distance of forty six (46.0) feet. The above-described easement and right-of-way containing 920 square feet, more or less, as shown on the plat dated 8/31 /2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Jim and Donna Narber, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G9 #2011-262 - Approving Acquisition of Utility Easement - 3405 South Blaine Street - McCallum This item relates to the aforementioned Public Hearing item E-3. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-262 WHEREAS, a public utility easement is required by the City of Grand Island, from Kurt and Shirley McCallum, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on September 27, 2011, for the purpose of discussing the proposed acquisition of an easement located in Hall County, Nebraska; and more particularly described as follows: Beginning at the southwest corner of Lot Three (3), Lake Heritage Second Subdivision; thence northeasterly on an assumed bearing of N33°42’52”E, a distance of fifty eight and seventy four hundredths (58.74) feet; thence N88°10’02”E, a distance of fifty eight and forty nine hundredths (58.49) feet; thence S71°12’48”E, a distance of sixty five and thirteen hundredths (65.13) feet; thence S52°21’21”E, a distance of one hundred eighty six and sixty four hundredths (186.64) feet to a point on the southerly line of said Lot Three (3). The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property line. The above-described easement and right-of-way containing a total of 0.168 acres, more or less, as shown on the plat dated 9/9 /2011, marked Exhibit "A", attached hereto and incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Kurt and Shirley McCallum, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G10 #2011-263 - Approving Bid Award for Pipe Painting and Insulation at Platte Generation Station Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy G. Luchsinger, Utilities Director Jason Eley, Assistant City Attorney Meeting Date: September 27, 2011 Subject: Pipe Painting and Insulation Item #’s: G-10 Presenter(s): Timothy Luchsinger, Utilities Director Background The project at the Platte Generating Station involves maintenance on several cold water lines ranging in size from 1 inch to 12 inches in diameter. These pipes are used to provide cooling water for equipment throughout the plant. Due to the temperature differential between the cold water in the pipes and the outside warm air during the summer months, humidity in the air condenses on the surface of the pipes causing a thin film of water, or ‘sweat’, to accumulate. Over the years this moisture has caused the outside of the pipes to begin to rust. Rust is the deterioration of the iron in the pipe due to a reaction with dissolved oxygen in the water, which can lead to complete failure of the pipe. Also, the ‘sweat’ on the outside of the pipes drips onto the floor during these periods and creates a potential slip hazard for employees. To prevent a complete replacement of these cold water lines in the future at a substantial cost and to assist in avoid ing an employee injury, plant engineering staff reviewed corrective methods. After consulting with paint and insulating contractors, it was determined the best method for fixing all aforementioned problems is to clean, paint, insulate, and install metal jacketing on these pipes in accordance with the methods listed in the detailed specifications of this project. Discussion The specifications for the Pipe Painting and Insulation were advertised and issued for bid in accordance with the City purchasing code. Bids were publicly opened on September 13, 2011. Specifications were sent to five potential bidders and responses were received as listed below. The engineer’s estimate for this project was $100,000.00. Bidder Bid Price O’Neill Transportation and Equipment LLC, Grand Island, NE $ 52,965.00 F&H Insulation Sales & Service, Kechi, KS $ 60,276.23 The bids were reviewed by plant engineering staff. The bid from O’Neill Transportation and Equipment, LLC, included sales tax on materials and labor. Sales tax is required only on materials for this application and their bid price was revised accordingly for a total adjusted bid price of $50,655.00. Both bids are otherwise compliant with the specifications and less than the engineer’s estimate. 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 Pipe Painting and Insulation to O’Neill Transportation and Equipment, LLC, of Grand Island, Nebraska, as the low responsive bidder, with the bid price of $50,655.00. Sample Motion Move to approve the bid award of $50,655.00 from O’Neill Transportation and Equipment for the Pipe Painting and Insulation as submitted. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 13, 2011 at 2:00 p.m. FOR: Pipe Painting and Insulation DEPARTMENT: Utilities ESTIMATE: $100,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: August 25, 2011 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: F & H Insulation Sales & Services, Inc. O’Neill Transportation & Equipment Kechi, KS Grand Island, NE Bid Security: Nationwide Mutual Insurance Co. Western Surety Co. Exceptions: Noted None Bid Price: Materials: $27,571.41 $16,500.00 Labor: $30,774.82 $33,000.00 Sales Tax: $ 1,930.00 $ 3,465.00 Total Bid: $60,276.23 $52,965.00 cc: Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Mary Lou Brown, City Administrator Karen Nagel, Utilities Secretary P1504 Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-263 WHEREAS, the City Electric Department invited sealed bids for Pipe Painting and Insulation at the Platte Generating Station; and WHEREAS, on September 13, 2011, bids were received, opened and reviewed; and WHEREAS, O’Neill Transportation and Equipment, LLC 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 $50,655.00; and WHEREAS, the bid of O’Neill Transportation and Equipment, LLC, is less than the estimate for Pipe Painting and Insulation at the Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of O’Neill Transportation and Equipment, LLC, in the amount of $50,655.00, for Pipe Painting and Insulation at Platte Generating Station is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011 _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G11 #2011-264 - Approving Support Nebraska Challenge to EPA Cross State Air Pollution Rule Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Nebraska Challenge to Cross State Air Pollution Rule Item #’s: G-11 Presenter(s): Timothy Luchsinger, Utilities Director Background In 2005, the Environmental Protection Agency issued the Clean Air Interstate Rule (CAIR), which imposed reductions in sulfur dioxide (SO2) and nitrogen oxides (NOX) in twenty-five states in the eastern half of the country. This rule was later found by a court ruling to have flaws and sent back to the EP A for review, but left in place the CAIR requirements on a temporary basis. In 2010, EPA proposed the Cross State Transport Rule (CSAPR) to replace CAIR, which added Nebraska and Texas to the original twenty-five states. The proposed rule reduced NOX emissions for Nebraska electric generating units by about 9.4% on an annual basis, which was felt to be an attainable number without significant impact on generation by the State’s electric utilities and the Nebraska Department of Environmental Quality. Many utilities determined that this amount of reduction could be achieved by changes in operations and would not require plant capital modifications. On July 6, 2011, EPA issued the final CSAPR that required a reduction 46% lower than previously proposed for Nebraska NOX emissions with compliance effective January 1, 2012. Utilities Department staff has estimated that it will take approximately $4 million in capital modifications for the Platte Generating Station to reduce NOX emissions to the final CSAPR emission levels allocated for Grand Island with a minimum twelve months for procurement and installation of the equipment. The traditional approach for projects of this scope would involve an in-depth engineering analysis of solutions by Department engineering staff or consultants with separate specifications issued for bids to equipment suppliers and installation contractors. The expedited procurement that will be needed to complete the project in one year will require a “turn-key” approach, which will assign a greater responsibility of design to an equipment contractor, who is also responsible for installation. This type of approach can have undesired implications on the final cost and finished product of the project. In addition, the Department has budgeted an additional $1.3 million for additional generation at the Burdick Station using natural gas to offset less generating capacity at Platte until the new emission control equipment can be installed. Discussion The Nebraska Attorney General opposes the implementation schedule of the CSAPR and is considering litigation to stay its implementation. The Attorney General’s position is based on the new rule having a direct and negative impact on the electric ratepayers of Nebraska and it may cause them irreparable harm. As a result of Nebraska being a public power state, the electric ratepayers are also the owners of the utilities, and they will either be forced to raise rates or reduce cash reserves because of the adverse consequences of the new rule. This position has the support of the electric generating utilities in Nebraska. The Utilities Department recommends that the City also indicate support for the Attorney General’s efforts to delay implementation of the CSAPR through passage of a resolution. 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 is sue Recommendation City Administration recommends that the Council approve the resolution supporting a stay of implementation of the Cross State Air Pollution Rule. Sample Motion Move to approve the resolution supporting a stay of the Cross State Air Pollution Rule. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-264 WHEREAS, on July 6th, 2011, the Environmental Protection Agency issued the final Cross State Air Pollution Rule setting air emission levels for Nebraska electric generating utilities; and WHEREAS, this final rule placed unforeseen limits of sulfur dioxides and nitrogen oxides in an unreasonable timeframe upon Nebraska electric utilities including the City of Grand Island; and WHEREAS, this rule will cause a direct and immediate negative impact with possible irreparable harm upon the citizens and businesses who are the ratepayers of the City of Grand Island and the State of Nebraska; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that it supports a challenge of the Cross State Air Pollution Rule and that a stay should be granted to allow further review to consider the impact of this rule on the State of Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G12 #2011-265 - Approving Certificate of Final Completion and Setting Date for Board of Equalization for Water Main District 456T - Engleman Road - 13th Street Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Approving Certificate of Final Completion and Setting of Board of Equalization Date for Water Main District 456T – Engleman Road from 13th Street to Old Potash Hwy, and East of Engleman Road for 600 Feet Item #’s: G-12 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 456T is along Engleman Road from 13th Street to Old Potash Highway and in Old Potash Highway, east of Engleman Road for 600 feet. The construction installed a 20” diameter main along the westerly side of the system to resolve hydraulic deficiencies to the northwest side of the City. Discussion The project was completed by the Diamond Engineering Company, of Grand Island, in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. The final contract amount was $489,989.48. The Engineer’s Certificate of Final Completion is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion, and set the date for a Board of Equalization to be held on November, 8, 2011, to determine benefits for the properties within the boundary of Water Main District 456T. Sample Motion Move to accept the Certificate of Final Completion, and set the date for a Board of Equalization to be held on November 8, 2011. City of Grand Island Utilities Department Reservoir Parcel Pipe (diameter) 6 - 8" 10 - 14" 16 - 20" 24 + Capital Ave W 13th St W Old Potash Hwy Airport Rd Watermain District 456T, 20" Roger's Reservoir Stolley Park Rd W Husker Highway Watermain District 456T Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-265 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main District No. 456T, located along Engleman Road from 13th Street to Old Potash Highway, and in Old Potash Highway, east of Engleman Road for 600 feet, certifying that the Diamond Engineering Company, of Grand Island, Nebraska, under contract awarded November 23, 2010, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the district; and WHEREAS, the Mayor concurs with the Public Works Director’s recommendation, and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificate of Final Completion for Water Main District No. 456T is hereby confirmed. 2. The City Council will sit as a Board of Equalization on November 8, 2011 to determine benefits and set tap fees for Water Main District No. 456T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G13 #2011-266 - Approving Certificate of Final Completion for Water Main Project 2011-W-1 - 7th Street between Elm and Clark Streets, and Clark Street from 7th to 9th Street Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Certificate of Final Completion – Water Main Project 2011-W-1 (7th Street between Elm Street and Clark Street, and Clark Street from 7th to 9th Street) Item #’s: G-13 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main Project 2011-W-1 installed an 8” diameter ductile-iron water main and service lines along 7th Street between Elm Street and Clark Street, and in Clark Street from 7th Street to 9th Street. The construction replaced a 4” water line that had been in service for over 100 years. Partial funding was provided through a Community Development Block Grant from the Nebraska Department of Economic Development. Discussion The project was completed by the Diamond Engineering Company of Grand Island in accordance with the terms, conditions, and stipulations of the contract, plans and specifications. The final contract amount was $230,325.70. The Engineer’s Certificate of Final Completion is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council accept the Certificate of Final Completion for Water Main Project 2011-W-1. Sample Motion Move to accept the Certificate of Final Completion for Water Main Project 2011-W-1. City of Grand Island Utilities Department Pipe (diameter) 6 - 8" 10 - 14" 16 - 20" 24 + Water Main Project 2011-W-1 Replace Services Replace 6" pipe Replace 4" pipe with 8" pipe Replace 4" pipe with 8" pipe Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-266 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2011-W- 1 (7th Street between Elm Street and Clark Street, and Clark Street from 7th to 9th Street) certifying that the Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Utilities Director and the Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2011-W-1 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G14 #2011-267 - Approving Four Railroad Crossing Agreements with BNSF Railroad (East Stolley Park, Mile Post 92.3, Mile Post 92.56, and Shady Bend Crossings) Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Utility Relocations for Burlington Northern Santa Fe Railroad Item #’s: G-14 Presenter(s): Timothy Luchsinger, Utilities Director Background Burlington Northern Santa Fe Railroad (BNSF) is in the process of obtaining land for the construction of a second track through Grand Island. As part of the process, the railroad is requiring all utility companies that are currently either in their property or that cross their property, to move or remove the Utilities. BNSF has proposed to pay for a part of that relocation for portions of the utilities outside of their easement. Discussion The first four relocations that require agreements to be signed are at the East Stolley Park Crossing, Mile Post 92.3 secondary, Mile Post 92.56 secondary, and the Shady Bend Crossing. The agreement for the Stolley Park Crossing is for BNSF to pay the non- betterment costs of moving the electric overhead lines, not to exceed $100,000. The crossing agreement at Shady Bend provides for BNSF to pay one third of the cost of the relocation, not to exceed $5,000.00. The agreements for the two secondary crossings at Mile Post 92.3 and Mile Post 92.56 provides for BNSF to pay 20% of actual costs, not to exceed $2,200.00 each. These percentages of the not-to-exceed payments are based on a proportion of the length of the crossing in the permit and the total length of the crossing relocation. 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 agreements with BNSF to relocate the utility lines at Stolley Park Road, Mile Post 92.3, Mile Post 92.56, and Shady Bend Road crossings. Sample Motion Move to approve agreements with BNSF to relocate utility lines at Stolley Park Road, Mile Post 92.3, Mile Post 92.56, and Shady Bend Road crossings. Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-267 WHEREAS, Burlington Northern Santa Fe Railroad (BNSF) is in the process of obtaining land for construction of a second track through Grand Island; and WHEREAS, as a part of the process, BNSF is requiring all utilities that are currently either in their property, or cross their property to move or be removed; and WHEREAS, there are four relocations that are required; one at the East Stolley Park crossing, one at Mile Post 92.3, one at Mile Post 92.56 and one at the Shady Bend Crossing; and WHEREAS, the agreement for the Stolley Park Crossing is for BNSF to pay the non- betterment costs of moving the electric overhead lines, approximately 20% of Mile Post 92.3, approximately 20% of Mile Post 92.56, and at the crossing at Shady Bend , to pay approximately one third of the cost of the relocation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Relocation Agreements between the City of Grand Island and Burlington Northern Santa Fe Railroad at Stolley Park Road, Milepost 92.3, Milepost 92.56, and Shady Bend Road, are hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G15 #2011-268 - Approving Agreement for Funding with the Crisis Center, Inc Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown, City Administrator Meeting: September 27, 2011 Subject: Approving Funding Contracts for Outside Agencies Item #’s: G-15 thru G-22 Presenter(s): Mary Lou Brown, City Administrator Background As part of the City’s budget process, Outside Agencies were asked to and submitted their budget requests. During the June 23, 2009 City Council meeting, Council agreed to a proposal suggested in 2008 that funding for charitable organizations be reduced to zero over a five year period from the 2009 funding level. The Clean Community System does not fall under the reduced funding proposal. The City is authorized to establish and provide for the support of any service, facility, or system required by the Integrated Solid Waste Management Act. The City has been providing funds to the Clean Community System since 1987. Discussion Resolutions #2011-268 through #2011-275 are agreements with these agencies to provide their services. No agreement is needed with the Central District Health Department, as there is a current inter-local agreement in place which details their services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the contracts with the Outside Agencies 2. Postpone the issue to a future date 3. Modify the Resolution to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the Outside Agency agreements. Sample Motion Move to approve the Funding Agreements for the Outside Agencies. Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-268 WHEREAS, the City is authorized by state law to contract with The Crisis Center, Inc., a non-profit agency, to provide services to victims of family violence and sexual assault; and WHEREAS, the City desires to enter into a contract with The Crisis Center to provide such services to victims of family violence and sexual assault; and WHEREAS, the City shall provide funding to The Crisis Center in the amount of $4,800 during fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Crisis Center, Inc. to provide services to victims of family violence and sexual assault. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Crisis Center on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G16 #2011-269 - Approving Agreement for Funding with the Grand Island Area Council for International Visitors This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-269 WHEREAS, the City is authorized by state law to contract with the Grand Island Area Council For International Visitors, a non-profit agency, to provide cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community; and WHEREAS, the City desires to enter into a contract with the Grand Island Area Council for International Visitors to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Area Council for International Visitors in the amount of $400 during fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Area Council for International Visitors to provide funding in the amount of $400 in support of cultural activities and home hospitality opportunities for foreign leaders, specialists and international scholars in promoting the various aspects of the Grand Island community. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Area Council for International Visitors on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G17 #2011-270 - Approving Agreement for Funding with the Convention & Visitors Bureau This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-270 WHEREAS, the City is authorized by state law to contract with the Grand Island Hall County Convention and Visitors Bureau, a non-profit agency, to market and promote tourism and convention activities in the area; and WHEREAS, the City desires to enter into a contract with the Grand Island Hall County Convention and Visitors Bureau to provide such services; and WHEREAS, it is recommended that the City provide funding to the Grand Island Hall County Convention and Visitors Bureau in the amount of $4,000 during the fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Grand Island Hall County Convention and Visitors Bureau to provide funding in the amount of $4,000 in support of tourism and convention activities in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Grand Island Hall County Convention and Visitors Bureau on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G18 #2011-271 - Approving Agreement for Funding with Izaak Walton Kids Fishing Derby This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-171 WHEREAS, in June, 2011, the fourteenth annual “Izaak Walton Kids Fishing Derby” was held at the Nebraska Veterans Home Lake in Grand Island; and WHEREAS, the goal of this event is to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol; and WHEREAS, the City agrees to pay the Fishing Derby $800 for performing agreed upon services during the 2011-2012 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and the Fishing Derby to perform services to increase public awareness of fishing, to encourage youth to experience the sport first hand and to advocate an alternative activity to drugs and alcohol. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with the Fishing Derby on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G19 #2011-272 - Approving Agreement for Funding with Hope Harbor This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-272 WHEREAS, the City is authorized by state law to contract with Hope Harbor, formerly known as Community Humanitarian Resource Center, a non-profit agency, to assist in the operation of a transitional homeless shelter, emergency services and referrals to the needy and other service providers in the Grand Island area; and WHEREAS, the City desires to enter into a contract with Hope Harbor to provide such services; and WHEREAS, the City shall provide funding to Hope Harbor in the amount of $1,800 during fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Hope Harbor to assist in the operation of the transitional homeless shelter in Grand Island and to offer emergency services and referrals to the needy and other service providers in the Grand Island area. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Hope Harbor on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G20 #2011-273 - Approving Agreement for Funding with the Grand Island Multicultural Coalition This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-273 WHEREAS, the City is authorized by state law to contract with The Multicultural Coalition, a non-profit agency, to provide for the needs of the increasingly culturally diverse city of Grand Island; and WHEREAS, the City desires to enter into a contract with The Multicultural Coalition to provide a comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services and stretches limited financial resources of service providers; and WHEREAS, the City shall provide funding to The Multicultural Coalition in the amount of $4,000 during fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and The Multicultural Coalition to provide services to the increasingly culturally diverse City of Grand Island. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with The Multicultural Coalition on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G21 #2011-274 - Approving Agreement for Funding with Senior Citizens Industries, Inc. This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-274 WHEREAS, the City is authorized by state law to contract with Senior Citizens Industries, Inc., a Nebraska non-profit corporation, to provide the equipment, buildings, utilities and goods including food to provide services to elderly and handicapped individuals; and WHEREAS, the City desires to enter into a contract with Senior Citizens Industries, Inc. to provide such services; and WHEREAS, the City shall provide funding to Senior Citizens Industries in the amount of $6,000 during fiscal year 2011-2012 for performing agreed upon services as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Senior Citizen Industries, Inc. to provide the equipment, buildings, utilities and goods including food to provide services to elderly and physically challenged individuals. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Senior Citizens Industries, Inc. on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G22 #2011-275 - Approving Agreement for Funding with Clean Community System This item relates to Consent item G-15. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-275 WHEREAS, the City is authorized to establish and provide for the support of any service, facility or system required by the Integrated Solid Waste Management Act; and WHEREAS, the City desires to contract with Grand Island Area – Clean Community System to perform certain services associated with environmental education which are required by the Integrated Solid Waste Management Act; and WHEREAS, the City agrees to pay Grand Island Area – Clean Community System $20,000 for performing agreed upon services during the 2011-2012 fiscal year as outlined in the agreement; and WHEREAS, such funding was approved by the Mayor and City Council pursuant to adopted budget statements and annual appropriation ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to sign on behalf of the City of Grand Island, an agreement by and between the City and Grand Island Area – Clean Community System to perform services associated with environmental education. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract with Grand Island Area – Clean Community System on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G23 #2011-276 - Approving Concrete Ditch Liner and Headwall East of Harrison Street Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: September 27, 2011 Subject: Approving Concrete Ditch Liner and Headwall East of Harrison Street Item #’s: G-23 Presenter(s): John Collins, Public Works Director Background On August 31, 2011, the Engineering Division of the Public Works Department solicited bids for the concrete ditch lining and headwall installation east of Harrison Street, by sending the solicitation to eight (8) potential bidders. The Diamond Engineering Company of Grand Island, Nebraska is the only company that responded to the solicitation, submitting a responsible bid of $23,261.00. Any expenditure over $20,000 requires City Council approval. Discussion This project will help on long term maintenance, preserve flow capacity, appearance, and safety of the overflow structure between Cottonwood and Such’s Lake. It is very important to be able to maintain this overflow area to insure the flow capacity between the lakes. The improvement of the appearance will help in this very visible and high traffic area. The work consists of removing ends of existing corrugate metal pipe (C.M.P.), constructing a concrete ditch liner and headwall. The work is located east of Harrison Street, south of 1207 South Harrison Street. The work is scheduled to be completed before November 1, 2011. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Concrete Ditch Liner and Headwall installation east of Harrison Street in the amount of $23,261.00 to The Diamond Engineering Company. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-276 WHEREAS, the City of Grand Island solicited information bids for the installation of a concrete ditch liner and headwall east of Harrison Street, south of 1207 South Harrison Street according to plans and specifications on file with the Public Works Department; and WHEREAS, on September 13, 2011, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska submitted a bid in accordance with the terms of the solicitation of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $23,261.00; 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 $23,261.00 for installation of a concrete ditch liner and headwall east of Harrison Street, south of 1207 South Harrison Street is hereby approved as a responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, and September 27, 2011. Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk Item G24 #2011-277 - Approving Continuation of Sanitary Sewer District No. 528, Wildwood Subdivision Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: September 27, 2011 Subject: Approving Continuation of Sanitary Sewer District No. 528, Wildwood Subdivision Item #’s: G-24 Presenter(s): John Collins, Public Works Director Background Sanitary Sewer District 529 was created by the City Council on July 12, 2011. Legal notice of the creation of the District was published in the Grand Island Independent on July 18, 2011. Discussion The district completed the 30-day protest period at 5:00 p.m., Friday, August 19, 2011. There were protests filed against this District by 4 abutting property owners. These owners represented 1479.74 front feet, or 31.10% of the total District frontage of 4,758.15 feet. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the continuation of Sanitary Sewer District 528. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the continuation of Sanitary Sewer District 528. Sample Motion Move to approve the continuation of Sanitary Sewer District 528. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-277 WHEREAS, Sanitary Sewer District No. 528, Wildwood Subdivision, was created by Ordinance No. 9299 on July 12, 2011; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed, and WHEREAS, the protest period ended on August 19, 2011, and protests representing 31.10% of the total District frontage were received. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 528, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G25 #2011-278 - Approving Agreement for Engineering Consulting Services Related to Grand Island Resurfacing – Various Locations Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: September 27, 2011 Subject: Approving Agreement for Engineering Consulting Services Related to Grand Island Resurfacing – Various Locations Item #’s: G-25 Presenter(s): John Collins, Public Works Director Background The City of Grand Island Public Works Department sought STP funds for the Various Locations in Grand Island Resurfacing project. This proposed project consists of removing 2” of existing bituminous surfacing by cold milling and placement of 2” new Asphaltic Concrete in the following locations. · Blaine Street – Garland Street to Stolley Park Road · Blaine Street – Stolley Park Road to the Beltline Trail · First Street – Walnut Street to Sycamore Street · North Road - 13th Street to State Street · Independence Avenue – Capital Avenue to Nebraska Highway 2 · Broadwell Avenue - Anna Street to Second Street · Broadwell Avenue – Second Street to State Street This project is coordinated with and supplements the Grand Island Streets Division Pavement Preservation Plan. This project will relieve the City of funding these improvements solely with Capital Improvement Program funds. A Project Programming Request for the “Various Locations in Grand Island” project was prepared by Public Works and approved by the Nebraska Department of Roads (NDOR) April 5, 2011. The estimated total cost of the entire project, including preliminary engineering, environmental clearance and construction oversight is $2,747,266. The estimated portion the City of Grand Island will be responsible for is $549,453. Construction is anticipated to be completed in 2013. City Council approved an agreement between the City and the Nebraska Department of Roads (NDOR) on May 24, 2011 for this project. The Project Program Agreement between the City of Grand Island and Nebraska Department of Roads specifies the various duties and funding responsibilities of this Federal-aid project. The Program Agreement requires that NDOR Standards and Specifications are to be used for design, construction inspection and quality control. All agreements must be approved by the City Council. Discussion Two (2) proposals for preliminary engineering and environmental clearance services were received. Olsson Associates of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. The Nebraska Department of Roads has approved the selection and prepared the attached agreement. The work is to be performed at actual costs with a maximum amount of $169,712.83, plus a fixed-fee-for-profit amount of $21,274.82, for a total agreement amount of $190,987.65 . The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. 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 Omaha, Nebraska. Sample Motion Move to approve the resolution. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENGINEERING SERVICES FOR PROJECT URB-5409(2) CN 42709 RESURFACING VARIOUS LOCATIONS RFP DUE DATE: July 19, 2011 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: June 28, 2011, July 5, 2011 & July 12, 2011 NO. POTENTIAL BIDDERS: 10 SUMMARY OF PROPOSALS RECEIVED Olsson Associates Miller & Associates Lincoln, NE Kearney, NE cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Scott Griepenstroh, Project Manager Jason Eley, Purchasing Agent P1485 LPA –CONSULTANT PRELIMINARY ENGINEERING AGREEMENT CITY OF GRAND ISLAND OLSSON ASSOCIATES, INC. PROJECT NO. URB-5409(2) CONTROL NO. 42706GRAND ISLAND RESURFACING –VARIOUS LOCATIONS PRELIMINARY ENGINEERING AND NEPA DOCUMENTATION SERVICES THIS AGREEMENT, made and entered into by and between the City of Grand Island, Nebraska, hereinafter referred to as the Local Public Agency or LPA, and Olsson Associates, Inc., hereinafter referred to as the Consultant. WITNESSETH WHEREAS, the LPA desires to engage the Consultant to render professional services for the above named project at the location shown on EXHIBIT "A", whichis attached and hereby made a part of this agreement, and WHEREAS, the Consultant is qualified to do business in Nebraska and has met all requirements of the Nebraska Board of Engineers and Architects to provide consultant engineering services in the State of Nebraska, and WHEREAS, Consultant is willing to perform the services in accordance with the terms hereinafter provided, is presently in compliance with Nebraska law, and hereby agrees to comply with all federal, state, and local laws and ordinances applicable to this agreement, and WHEREAS, the Consultant and LPA intend that the services provided by Consultant comply with all applicable federal-aid transportation related program requirements, so that LPA’s project will be fully eligible for federal reimbursement, and WHEREAS, the LPA and Consultant intend that the services under this agreement be completed in accordance with the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects;hereinafter referred to as LPA Manual; the LPA Manual is a document approved by the Federal Highway Administration (FHWA) that sets out the requirements for local federal-aid projects to be eligible for federal reimbursement; the LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.gov/gov-aff/lpa/lpa-guidelines.pdf,and WHEREAS, the Consultants primary contact person for LPA will be the LPA’s representative, who has been designated as being in responsible charge of the project, and who is referred to herein as RC or Responsible Charge. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -2 - WHEREAS, the parties understand that the State of Nebraska, Department of Roads is involved in this federal-aid project on behalf of the FHWA only for issues related to the eligibility of the project for reimbursement of project costs with federal-aid funds. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1.DEFINITIONS Wherever in this agreement the following terms are used, they will have the meaning here given: "CONSULTANT" means Olsson Associates, Inc.and any employees thereof,whose business and mailing address is1111 Lincoln Mall, Suite 111, Lincoln, NE 68508,and “LPA” means a Local Public Agency.Local Public Agencies include,but are not necessarily limited to;Nebraska Cities, Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or organizations found to be eligible sub recipients of federal funds for transportation projects, and “LPA MANUAL” shall mean the Nebraska Department of Roads’ LPA Guidelines Manual for Federal-Aid Projects.The LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.gov/gov-aff/lpa/lpa-guidelines.pdf,and “RESPONSIBLE CHARGE” or “RC” shall mean LPA’s representative for the project whose duties and responsibilities are identified in federal law and in the LPA Manual, and "STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its Director, or authorized representative.The State represents the United States Department of Transportation on federally funded transportation projects sponsored by a sub recipient of federal funds and any reference to the "State" in this agreement shall mean the State on behalf of the United States Department of Transportation. "FHWA" means the Federal Highway Administration, United States Department of Transportation, Washington,D.C.20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington,D.C. 20590, acting through its authorized representatives. To "ABANDON" the work means that the LPA has determined that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means that the LPA has determined that progress is not sufficient, or that the conditions or intentions as originally existed have changed, or the work completed or submitted is unsatisfactory, and that the work as contemplated herein should be Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -3 - stopped on a temporary basis. This cessation will prevail until the LPA determines to abandon or terminate the work or to reinstate it under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the LPA. SECTION 2.SCOPE OF SERVICES The Consultant shall providepreliminary engineering and NEPA documentation services for Project No. URB-5409(2),Control No.42706, inHall County, Nebraska. The scope shall be developed in accordance with the LPA manual and attached hereto as Exhibit “B”. SECTION 3. PERSONNEL The Consultant has furnished a personnel chart or list in EXHIBIT “D". Personnel who are added to Exhibit “D”as replacements must be persons of comparable training and experience.Personnel added to Exhibit “D”as new personnel and not replacements must be qualified to perform the intended work. The Consultant shall notify the LPA of any personnel changes. The LPA reserves the right to accept or reject the personnel change.Failure on the part of the Consultant to provide acceptable replacement personnel or qualified new personnel as determined by the LPA will be cause for termination of this agreement, with settlement to be made as provided in the CHANGE OF PLAN, ABANDONMENT, SUSPENSION,OR TERMINATION section of this agreement. SECTION 4.NEW EMPLOYEE WORK ELIGIBILITY STATUS The Consultant agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. The Consultant hereby agrees to contractually require any subconsultants to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The undersigned duly authorized representative of the Consultant, by signing this agreement, hereby attests to the truth of the following certifications, and agrees as follows: Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -4 - Neb.Rev.Stat. § 4-114.I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. I agree to require all subconsultants, by contractual agreement, to require the same registration and verification process. If the Consultant is an individual or sole proprietorship, the following applies: 1.The Consultant must complete the United States Citizenship Attestation form, available on the Department of Roads website at www.transportation.nebraska.gov/projdev/#save. 2.If the Consultant indicates on such Attestation form that he or she is a qualified alien, the Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify the Consultant lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3.The Consultant understands and agrees that lawful presence in the United States is required and the Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev.Stat. §4-108. SECTION 5.STANDARD PRACTICES AND REQUIREMENTS It is mutually agreed that at the request of the LPA, the Consultant shall provide the LPA a detailed report of the product and progress of the work and allow inspection of the existing work product.From time to time, additions, deletions, changes, elaborations, or modifications of the services performed under the terms of this agreement may be determined by the LPA to be desirable or preferable. These changes will be made by supplement agreement. SECTION 6.NOTICE TO PROCEED AND COMPLETION The LPA will issue the Consultant a written Notice-to-Proceed when LPA determines that federal funding approval has been obtained for the project, upon full execution of the agreement and upon State concurrence that the form of this agreement is acceptable for federal funding eligibility.Any work or services performed by Consultant on the project prior to the date specified in the written Notice-to-Proceed is not eligible for reimbursement. The Consultant shall do all the work according to the schedule in attached EXHIBIT “B” and shall complete all work required under this agreement in a satisfactory manner by March 2012. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -5 - Any costs incurred by Consultant after the completion deadline are not eligible for federal funding reimbursement unless the Consultant has received an extension of time in writing from LPA and the LPA has federal funding approval for the extension of time. The completion time will not be extended because of any avoidable delay attributed to the Consultant, but delays attributable to the LPA may constitute a basis for an extension of time. LPA authorized changes in the scope of work, which increase or decrease work-hours or services required of the Consultant, will provide the basis for a change of time and/or changes to the Consultant’s fee. SECTION 7.FEES AND PAYMENTS A.For performance of the services as described in this agreement, the Consultant will be paid a fixed-fee-for-profit of $21,274.82, as defined in paragraph D of this section, and up to a maximum amount of $169,712.83 for actual costs as defined in paragraph E of this section, that are allowable subject to the terms of this agreement and to all requirements and limitations of the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $190,987.65. B.Occasionally, the conditions of this agreement may change. This may be due to a change in scope which may require an adjustment of costs. In order to justify the need to modify this contract, the LPA must first determine that the situation meets the following criteria: That the additional work is beyond the scope of services initially negotiated with Consultant; and That the proposed Services are within the scope of the Request for Proposal under which Consultant was selected and contract entered into; and That it is in the best interest of the LPA that the services be performed under this agreement. Once the need for a modification has been established, a supplemental agreement will be prepared. If the additional work requires the Consultant to incur costs prior to execution of a supplemental agreement, the LPA shall use the Consultant Work Order Form (DR Form 250)to describe and provide necessary justification for the modification of the scope of services, the deliverables, the schedule, and to document the Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -6 - estimated total additional fee. DR Form 250 is available on the State’s webpage at: www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#forms4.The Consultant Work Order must be executed to provide authorization for the additional work and to specify when that work may begin. This agreement will be supplemented after one or more Consultant Work Orders have been authorized and approved for federal funding. C.The LPA is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date stated in the NOTICE TO PROCEED AND COMPLETION Section of this agreement or as provided in a written time extension notification. D.The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect non-laborcosts, and direct payroll additives. The fixed-fee is not allowable upon direct non-labor costs. The fee for profit is calculated by multiplying the sum of the wages and overhead costs billed by the negotiated fee for profit rate of “12.90%”. E.Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1)Direct Labor Costs are the earnings that individuals receive for the time they are working directly on the project. (a)Hourly Rates: For hourly employees, the hourly earnings rate shall be the employee’s straight time hourly rate for the pay period in which the work was performed. For salaried employees, the hourly earnings rate shall be their normal hourly rate as established by the company’s compensation plan, (b)Time records: The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -7 - pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (2)Direct Non-Labor Costs charges in this category include actual allowable expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this agreement, and such other similar items. A non-labor cost cannot be charged as a direct cost and also be included in the Consultant’s overhead rate. If for reasons of practicality, the consultant is treating a direct non-labor cost category, in its entirely, as an overhead cost, then costs from that category are not eligible to be billed to this project as a direct expense. Payment for eligible direct non-salary costs must be made on receipted invoices whenever possible, or on certified billings of the Consultant. For purposes of standardization on this agreement, the following expenses will be reimbursed at actual costs, not to exceed the rates as shown below. Company Automobile/Pick-up truck -The reimbursement for automobile/pick-up truck mileage shall be the prevailing standard rate as established by the Internal Revenue Services through its Revenue Procedures -currently 55.5 cents per mile. Company Survey Vehicle -Currently 58 cents per mile (2.5 cents above Company Automobile/Pick-up truck) Privately Owned Vehicle -Actual reimbursement to employee, not to exceed rates shown for company vehicles outlined above Automobile Rental -Actual reasonable cost Air fare -Actual reasonable cost, giving the State all discounts Lodging -Actual cost –excluding taxes and fees: Not to exceed the federal lodging reimbursement guidelines, as periodically determined by the U.S. General Services Administration – currently at the following rates: Not to exceed *$70.00 per person daily *Omaha/Douglas County, not to exceed Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -8 - $101.00 per person daily Meals -Actual cost –including tax and gratuity:Not to exceed the federal per meal reimbursement guidelines, as periodically determined by the U.S. General Services Administration – currently at the following rates: Statewide Omaha/Douglas County Breakfast $7.00 $10.00 Lunch 11.00 15.00 Dinner 23.00 31.00 Totals $41.00 $56.00 (Includes tax and gratuity) For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast:(a)Employee is required to depart at or before 6:30 a.m., or (b)Employee is on overnight travel. Lunch:(a)Employee mustbe on overnight travel. No reimbursement for same day travel. (b)Employee is required to leave for overnight travel at or before 11:00 a.m., or (c)Employee returns from overnight travel at or after 2:00 p.m. Dinner:(a)Employee returns from overnight travel or work location at or after 7:00 p.m., or (b)Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant shall note the actual lodging and meal costs in a daily diary, expense report, or on the individual's time report along with the time of departure to the project and time of return to the headquarters town. The total daily meal costs must not exceed $41.00 per person, with the exception of Omaha/Douglas County, which must not exceed $56.00 per person (includes tax and gratuity).When requested by LPA or State, the Consultant will provide a copy of the meal receipts. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations -9 - (3)Overhead Costs include indirect labor costs, indirect non-labor costs, and direct labor additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the maximum amount established in paragraph A of this section. When an audit is performed by the State at the completion of the work, the actual allowable overhead rate for the year the project labor was incurred will be applied to the direct labor costs for that year. If a particular year’s actual overhead has not yet been computed or approved by the State, the most recent year’s accepted rate will be applied. The audit may result in additional funds due the Consultant or a cost due from the Consultant to the State. F.The Consultantshall submit invoices to the LPA at a minimum of monthly intervals and in accordance with the “LPA Reimbursement Procedure” located on the State’s webpage at:www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#policies. The invoices must present actual direct labor, actual overhead, actual direct non-labor costs, as well as the fixed-fee based upon the actual direct labor and overhead costs billed for that period. The invoices must identify eachemployee by name and classification, the hours worked,and each individual's actual labor cost. Direct non-labor expenses must be itemized and provide a complete description of each item billed. Each monthly invoice must be substantiated by a progress report which is to include/address, as a minimum: 1.A description of the work completed for that period 2.A description of the work anticipated for the next pay period 3.Information needed from LPA 4.Percent of work completed to date 5.A completed “Cost Breakdown Form”whichis located on the State’s webpage at www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#forms4. If the Consultant does not submit a monthly invoice, it shall submit its progress report monthly. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-10 - G.The State, on behalf of LPA,will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payments are dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the LPA and State determines that the work submitted is satisfactory. Upon determination that the work was adequately substantiated and satisfactory, payment will be made in the amount of 100 percent of the billed actual costs and fixed fee upon acceptance by the LPA and State, a final audit of all invoiced amounts will be completed by the State or its authorized representative. The Consultant agrees to reimburse the State for any overpayments discovered by the State or its authorized representative. The acceptance by the Consultant of the final payment will constitute and operate as a release to the LPA and State for all claims and liability to the Consultant, its representatives, and assigns, for any and all things done, furnished, or relating to the services rendered by or in connection with this agreement or any part thereof. H.The Consultant shall maintain, all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final cost settlement under this agreement. Such materials must be available for inspection by the State, FHWA, or any authorized representative of the federal government, and when requested,the Consultant shall furnish copies at the expense of the requestor. SECTION 8.PROFESSIONAL PERFORMANCE The Consultant understands that the LPA will rely on the professional performance and ability of the Consultant. Any examination by the LPA, State or the FHWA, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further, acceptance or approval of any of the work of the Consultant by the LPA or of payment, partial or final, will not constitute a waiver of any rights of the LPA to recover from the Consultant, damages that are caused by the Consultant due to error, omission, or negligence of the Consultant in its work. That further, if due to error, omission, or negligence of the Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-11 - Consultant, the plans, specifications, and estimates are found to be in error or there are omissions therein revealed during the construction of the project and revision or reworking of the plans is necessary, the Consultant shall make such revisions without expense to the LPA. The Consultant shall respond to the LPA’s or State’s notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to the construction contractor. This may involve visits by the Consultant to the project site, if directed by the LPA. If the Consultant discovers errors in its work, it shall notify the LPA and State of the errors within seven days. Failure of the Consultant to notify the LPA will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the LPA caused by error, omission, or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the LPA. SECTION 9.CHANGE OF PLAN,ABANDONMENT,SUSPENSION,OR TERMINATION Additions to the schedule of services, if approved in writing, will require negotiation of a supplemental agreement. For any work beyond the schedule of services, the Consultant shall document the additional work, estimate the cost to complete the work, and receive written approval from the LPA before the Consultant begins the work. Any such work performed by the Consultant prior to written approval of the LPA will be done at the expense of the Consultant. The LPA has the absolute right to abandon the project or to change the general scope of work at any time and such action on its part will in no event be deemed a breach of agreement. The LPA can suspend or terminate this agreement at any time. Such suspension or termination may be affected by the LPA giving the Consultant seven days written notice. If the LPA abandons or subtracts from the work, or suspends or terminates the agreement as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the LPA can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the LPA will consider the work performed by the Consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all project plans and supporting documents completed or partially completed at the time of such termination or abandonment will be retained by the LPA and the Consultant shall immediately deliver all project plans and supporting documents to the LPA. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-12 - SECTION 10.OWNERSHIP OF DOCUMENTS All surveys, plans, specifications, maps, computations, charts, electronic data, and other project data prepared or obtained under the terms of this agreement are the property of the LPA and the Consultant shall deliver them to the LPA without restriction or limitation as to further use. LPA acknowledges that such data may not be appropriate for use on an extension of the work covered by this agreement or on other projects. Any use of the data for any purpose other than that for which it was intended without the opportunity for Consultant to review the data and modify it if necessary for the intended purpose will be at the LPA’s sole risk and without legal exposure or liability to Consultant. SECTION 11.USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION Certain information provided by the LPA or State to the Consultant is confidential information contained within privileged documents protected by 23 U.S.C. §409. "Confidential information" means any information that is protected from disclosure pursuant to state and federal law and includes, but is not limited to, accident summary information, certain accident reports, diagnostic evaluations, bridge inspection reports, and any other documentation or information that corresponds with said evaluations or reports, and any other information protected by 23 U.S.C. §409. "Privileged document" means any document pertaining to any file or project maintained by the LPA or Statethat is privileged and protected from disclosure, pursuant to appropriate state and federal law, including any document containing attorney-client communications between an LPA or State employee and Legal Counsel. This confidential and privileged information is vital and essential to the Consultant in order that the Consultant adequately design the project at hand on behalf of the LPA or State. The Consultant agrees it will only use any information or documentation that is considered to be privileged or confidential for the purposes of executing the services by which it has agreed to render for the LPA or State for the project at hand only. The Consultant agrees not to reveal, disseminate, or provide copies of any document that is confidential and privileged to any individual or entity. The LPA agrees that any information or documentation that is considered to be privileged or confidential that is provided to Consultant will be marked with the following information: “CONFIDENTIAL INFORMATION:Federal Law, 23 U.S.C §409, prohibits the production of this document or its contents in discovery or its use in evidence in a State or Federal Court. The LPA has not waived any privilege it may assert as provided by Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-13 - that law through the dissemination of this document and has not authorized further distribution of this document or its contents to anyone other than the original recipient.” The Consultant agrees to obtain the written approval of the Consultant Coordinator prior to the dissemination of any privileged or confidential information or documentation if it is unclear to the Consultant whether such information or documentation is in fact privileged or confidential. The Consultant and the LPA agree that any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant will create liability on the part of the Consultant to the LPA for any damages that may occur as a result of the unauthorized dissemination. The Consultant agrees to hold harmless, indemnify, and release the LPA for any liability that may ensue on the part of the LPA for any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant. SECTION 12.FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resultingfrom the award or making of this agreement. For breach or violation of this warranty, the LPA has the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. SECTION 13.NON-RAIDING CLAUSE The Consultant shall not engage the services of any person or persons presently in the employ of the State for work covered by this agreement without the prior written consent of the employer of the persons. SECTION 14.GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all federal, state, and local laws and ordinances applicable to the work. SECTION 15.DISPUTES Any dispute concerning a question of fact in connection with the work covered under this agreement will be addressed in accordance with LPA Manual SectIon 4.4.3.5 DISPUTE RESOLUTION. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-14 - SECTION 16.RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the LPA from all claims and liability due to the activities of the Consultant or those of the Consultant's agents or employees in the performance of work under this agreement. In this connection, the Consultant shall for the life of this agreement, carry insurance as outlined in Exhibit “C”and attached hereto, and hereby made a part of this agreement. SECTION 17.PROFESSIONAL REGISTRATION The Consultant shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all plans, documents, and specifications prepared under this agreement as required by the Nebraska Engineers and Architects Regulations Act, Neb.Rev.Stat §81-3401 et.seq. SECTION 18.SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 19.DRUG-FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug-free workplace policy on file with the State. SECTION 20.FAIR EMPLOYMENT PRACTICESACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Neb.Rev.Stat. 48-1101 through 48-1126, which is hereby made a part of and included in this agreement by reference. SECTION 21.DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. SECTION 22.DISADVANTAGED BUSINESS ENTERPRISES The Consultant shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The Consultant shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out the requirements set forth above will constitute a breach of this agreement and, after the Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-15 - notification of the FHWA, may result in termination of this agreement by the LPA or such remedy as the LPA deems appropriate. SECTION 23.NONDISCRIMINATION A.Compliance with Regulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B.Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants,including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C.Solicitations for Subagreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex, or national origin. D.Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA, State or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall certify to the LPA, State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-16 - E.Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the LPA will impose such agreement sanctions as it or the State and FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies, and/or cancellation, termination, or suspension of this agreement, in whole or in part. F.Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the LPA, State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, that in the event a Consultant becomes involved in or is threatened with litigation with a Subconsultant/ Subcontractor as a result of such direction, the Consultant may request that the LPA enter into such litigation to protect the interests of the LPA and, in addition, the Consultant may request that the State and United States enter into such litigation to protect the interests of the State and United States. SECTION 24.SUBLETTING,ASSIGNMENT,OR TRANSFER Any other subletting, assignment, or transfer of any professional services to be performed by the Consultant is hereby prohibited unless prior written consent of the LPA is obtained. As outlined in the DISABILITIES ACT Section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a disadvantaged business enterprise. SECTION 25. CONFLICT OF INTEREST The Consultant shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR 18.36(b)(3) and agrees to comply with all the Conflict of Interest provisions in order for the project to remain fully eligible for State or Federal funding. Consultant should review, understand and follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE DOCUMENT for CONSULTANTS for LOCAL FEDERAL-AID TRANSPORTATION PROJECTS located on the State website at the following location: Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-17 - http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-guidance-doc-consultant.pdf Consultant must also complete and sign the CONFLICT OF INTEREST DISCLOSURE FORM FOR CONSULTANTS for Local Federal-aid Transportation Projects, for each project. This form is located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-disclosure-doc-consultant.pdf Consultants and sub-consultants providing services for LPA’s, or submitting proposals for services, shall have the duty to notify the LPA and the NDOR LPD PC and submit a revised Conflict of Interest Disclosure Form for Consultants for any changes in circumstances, or discovery of any additional facts, that could result in someone employed by, or who has an ownership, personal, or other interest with Consultant or sub-consultant having a real or potential conflict of interest on an LPA federal-aid transportation project. SECTION 26.CONSULTANT CERTIFICATIONS The undersigned duly authorized representatives of the Consultant, by signing this agreement, hereby swears, under the penalty of law, the truth of the following certifications, and agrees as follows: A.Neb.Rev.Stat.§81-1715(1). I certify compliance with the provisions of Section 81-1715 and, to the extent that this contract is a lump sum or actual cost-plus-a- fixed fee professional service contract, I hereby certify that wage rates and other factual unit costs supporting the fees in this agreement are accurate, complete, and current as of the date of this agreement. I agree that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the LPA determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Neb.Rev.Stat. §§81-1701 through 81-1721. B.Neb. Rev. Stat. §§81-1717 and 1718. I hereby certify compliance with the provisions of Sections 81-1717 and 1718 and, except as noted below neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: 1.Has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-18 - fide employee working solely for me or the above Consultant) to solicit or secure this agreement, or 2.Has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or 3.Has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.Section C1 below contains 10 instructions that consultant agrees to follow in making the certifications contained in C2. 1.Instructions for Certification a.By signing this agreement, the Consultant is providing the certification set out below. b.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the LPA's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. c.The certification in this clause is a material representation of fact upon which reliance was placed when the State determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the LPA may terminate this agreement for cause or default. d.The Consultant shall provide immediate written notice to the LPA if at any time the Consultant learns that its certification was erroneous Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-19 - when submitted or has become erroneous by reason of changed circumstances. e.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. f.The Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the LPA before entering into this agreement. g.The Consultant further agrees to include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h.The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. i.Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j.Except for transactions authorized under paragraph (f) of these instructions, if the Consultant in a covered transaction knowingly Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-20 - enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the LPA may terminate this agreement for cause or default. 2.Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions a.By signing this agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: i.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; ii.Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph A.(ii) of this certification; and iv.Have not within a three-year period preceding this agreement had one or more public transactions (federal, state, or local) terminated for cause or default. b.Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of federal-aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-21 - SECTION 27.LPA CERTIFICATION By signing this agreement, I,Jay Vavricek, do hereby certify that, to the best of my knowledge, the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a)employ or retain, or agree to employ or retain, any firm or person, or (b)pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the FHWA, upon their request,in connection with this agreement involving participation of Federal-Aid highway funds and is subject to applicable state and federal laws, both criminal and civil. SECTION 28.ALL ENCOMPASSED This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. Project No. URB-5409(2) Control No. 42706 Grand Island Resurfacing –Various Locations-22 - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement. EXECUTED by the Consultant this ___ day of _________________,2011. OLSSON ASSOCIATES, INC. Randall J. Kaster, PE ________________________________ Principal STATE OF NEBRASKA))ss. LANCASTER COUNTY ) Subscribed and sworn to before me this ________ day of __________, 2011. ________________________________ Notary Public EXECUTED by the LPA this _____ day of ____________________,2011. CITY OF GRAND ISLAND Jay Vavricek ________________________________ Mayor Subscribed and sworn to before me this _____ day of ________________, 2011. ___________________________________ Clerk STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility: ___________________________________ ___________________________________ Date Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-278 WHEREAS, by Resolution 2011-125 Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads for the Grand Island Resurfacing – Various Locations Project; 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 Omaha, 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 Omaha, Nebraska for engineering consulting services related to the Grand Island Resurfacing – Various Locations Project 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, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G26 #2011-279 - Approving Agreement for Engineering Consulting Services Related to 3rd Street and Wheeler Avenue Historical Lighting Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: September 27, 2011 Subject: Approving Agreement for Engineering Consulting Services Related to 3rd Street and Wheeler Avenue Historical Lighting Item #’s: G-26 Presenter(s): John Collins, Public Works Director Background This project will construct 21 Historical Street Lights one block west, one block east and one half block south of the Kaufmann Park at 3rd Street and Wheeler Avenue. The lighting will be constructed in similar appearance to street lights that existed in this location during the early 20th Century, a period that saw the construction of several buildings in the area that are now on the National Register of Historical Places. The nostalgic appeal will be another draw for shoppers, tourists and seekers of entertainment to an area well known for history, commerce and popular community events. The estimate of the entire project, including preliminary engineering, environmental clearance and construction oversight is $189,540. Construction is anticipated to be completed in 2012. The Downtown Business Improvement District will provide local matching funds (20%) through funding awarded by the Community Redevelopment Authority in March 2011. The remaining 80% of the project cost will be paid for with Federal-Aid Transportation Enhancement (TE) Program Funds. City Council approved an agreement between the City and the Nebraska Department of Roads (NDOR) on May 24, 2011 for this project. The Project Program Agreement between the City Of Grand Island and NDOR specifies the various duties and funding responsibilities of this Federal-aid project. All agreements must be approved by the City Council. Discussion Two (2) proposals for preliminary engineering and environmental clearance services were received. Olsson Associates of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. The Nebraska Department of Roads has approved the selection and prepared the attached agreement. The work is to be performed at actual costs with a maximum amount of $43,372.55, plus a fixed-fee-for-profit amount of $5,703.65, for a total agreement amount of $49,076.20. The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. 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 Omaha, Nebraska. Sample Motion Move to approve the resolution. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENGINEERING CONSULTING SERVICES FOR PROJECT ENH-40(60) CN 42651 GRAND ISLAND THIRD AND WHEELER HISTORICAL LIGHTING IMPROVEMENT RFP DUE DATE: July 20, 2011 at 4:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: June 29, 2011, July 6, 2011 & July 13, 2011 NO. POTENTIAL BIDDERS: 10 SUMMARY OF PROPOSALS RECEIVED JEO Consulting Group, Inc. Olsson Associates Lincoln, NE Lincoln, NE cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Scott Griepenstroh, Project Manager Jason Eley, Purchasing Agent P1486 LPA –CONSULTANT PRELIMINARY ENGINEERING AGREEMENT CITY OF GRAND ISLAND OLSSON ASSOCIATES, INC. PROJECT NO. ENH-40(60) CONTROL NO. 42651GRAND ISLAND 3RD & WHEELER HISTORICAL LIGHTING PRELIMINARY ENGINEERING AND NEPA DOCUMENTATION SERVICES THIS AGREEMENT, made and entered into by and between the City of Grand Island, Nebraska, hereinafter referred to as the Local Public Agency or LPA, and Olsson Associates, Inc., hereinafter referred to as the Consultant. WITNESSETH WHEREAS, the LPA desires to engage the Consultant to render professional services for the above named project at the location shown on EXHIBIT "A", which is attached and hereby made a part of this agreement, and WHEREAS, the Consultant is qualified to do business in Nebraska and has met all requirements of the Nebraska Board of Engineers and Architects to provide consultant engineering services in the State of Nebraska, and WHEREAS, Consultant is willing to perform the services in accordance with the terms hereinafter provided, is presently in compliance with Nebraska law, and hereby agrees to comply with all federal, state, and local laws and ordinances applicable to this agreement, and WHEREAS, the Consultant and LPA intend that the services provided by Consultant comply with all applicable federal-aid transportation related program requirements, so that LPA’s project will be fully eligible for federal reimbursement, and WHEREAS, the LPA and Consultant intend that the services under this agreement be completed in accordance with the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects;hereinafter referred to as LPA Manual; the LPA Manual is a document approved by the Federal Highway Administration (FHWA) that sets out the requirements for local federal-aid projects to be eligible for federal reimbursement; the LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.gov/gov-aff/lpa/lpa-guidelines.pdf,and WHEREAS, the Consultants primary contact person for LPA will be the LPA’s representative, who has been designated as being in responsible charge of the project, and who is referred to herein as RC or Responsible Charge. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -2 - WHEREAS, the parties understand that the State of Nebraska, Department of Roads is involved in this federal-aid project on behalf of the FHWA only for issues related to the eligibility of the project for reimbursement of project costs with federal-aid funds. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1.DEFINITIONS Wherever in this agreement the following terms are used, they will have the meaning here given: "CONSULTANT" means Olsson Associates, Inc.and any employees thereof,whose business and mailing address is1111 Lincoln Mall, Suite 111, Lincoln, NE 68508,and “LPA” means a Local Public Agency.Local Public Agencies include,but are not necessarily limited to;Nebraska Cities, Villages, Counties, Political Subdivisions, Native American Tribes, and other entities or organizations found to be eligible sub recipients of federal funds for transportation projects, and “LPA MANUAL” shall mean the Nebraska Department of Roads’ LPA Guidelines Manual for Federal-Aid Projects.The LPA Manual can be found in its entirety at the following web address: http://www.transportation.nebraska.gov/gov-aff/lpa/lpa-guidelines.pdf,and “RESPONSIBLE CHARGE” or “RC” shall mean LPA’s representative for the project whose duties and responsibilities are identified in federal law and in the LPA Manual, and "STATE" means the Nebraska Department of Roads in Lincoln, Nebraska, its Director, or authorized representative.The State represents the United States Department of Transportation on federally funded transportation projects sponsored by a sub recipient of federal funds and any reference to the "State" in this agreement shall mean the State on behalf of the United States Department of Transportation. "FHWA" means the Federal Highway Administration, United States Department of Transportation, Washington,D.C.20590, acting through its authorized representatives. "DOT" means the United States Department of Transportation, Washington,D.C. 20590, acting through its authorized representatives. To "ABANDON" the work means that the LPA has determined that conditions or intentions as originally existed have changed and that the work as contemplated herein is to be renounced and deserted for as long in the future as can be foreseen. To "SUSPEND" the work means that the LPA has determined that progress is not sufficient, or that the conditions or intentions as originally existed have changed, or the work completed or submitted is unsatisfactory, and that the work as contemplated herein should be Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -3 - stopped on a temporary basis. This cessation will prevail until the LPA determines to abandon or terminate the work or to reinstate it under the conditions as defined in this agreement. To "TERMINATE" or the "TERMINATION" of this agreement is the cessation or quitting of this agreement based upon action or failure of action on the part of the Consultant as defined herein and as determined by the LPA. SECTION 2.SCOPE OF SERVICES The Consultant shall providepreliminary engineering and NEPA documentation services for Project No. ENH-40(60),Control No.42651, inHall County, Nebraska. The scope shall be developed in accordance with the LPA manual and attached hereto as Exhibit “B”. SECTION 3. PERSONNEL The Consultant has furnished a personnel chart or list in EXHIBIT “B". Personnel who are added to Exhibit “B”as replacements must be persons of comparable training and experience. Personnel added to Exhibit “B”as new personnel and not replacements must be qualified to perform the intended work. The Consultant shall notify the LPA of any personnel changes. The LPA reserves the right to accept or reject the personnel change.Failure on the part of the Consultant to provide acceptablereplacement personnel or qualified new personnel as determined by the LPA will be cause for termination of this agreement, with settlement to be made as provided in the CHANGEOF PLAN, ABANDONMENT, SUSPENSION,OR TERMINATION section of this agreement. SECTION 4.NEW EMPLOYEE WORK ELIGIBILITY STATUS The Consultant agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. The Consultant hereby agrees to contractually require any subconsultants to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. The undersigned duly authorized representative of the Consultant, by signing this agreement, hereby attests to the truth of the following certifications, and agrees as follows: Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -4 - Neb.Rev.Stat. § 4-114.I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. I agree to require all subconsultants, by contractual agreement, to require the same registration and verification process. If the Consultant is an individual or sole proprietorship, the following applies: 1.The Consultant must complete the United States Citizenship Attestation form, available on the Department of Roads website at www.transportation.nebraska.gov/projdev/#save. 2.If the Consultant indicates on such Attestation form that he or she is a qualified alien, the Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify the Consultant lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. 3.The Consultant understands and agrees that lawful presence in the United States is required and the Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb.Rev.Stat. §4-108. SECTION 5.STANDARD PRACTICES AND REQUIREMENTS It is mutually agreed that at the request of the LPA, the Consultant shall provide the LPA a detailed report of the product and progress of the work and allow inspection of the existing work product.From time to time, additions, deletions, changes, elaborations, or modifications of the services performed under the terms of this agreement may be determined by the LPA to be desirable or preferable. These changes will be made by supplement agreement. SECTION 6.NOTICE TO PROCEED AND COMPLETION The LPA will issue the Consultant a written Notice-to-Proceed when LPA determines that federal funding approval has been obtained for the project, upon full execution of the agreement and upon State concurrence that the form of this agreement is acceptable for federal funding eligibility.Any work or services performed by Consultant on the project prior to the date specified in the written Notice-to-Proceed is not eligible for reimbursement. The Consultant shall do all the work according to the schedule in attached EXHIBIT “B” and shall complete all work required under this agreement in a satisfactory manner by March, 2012. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -5 - Any costs incurred by Consultant after the completion deadline are not eligible for federal funding reimbursement unless the Consultant has received an extension of time in writing from LPA and the LPA has federal funding approval for the extension of time. The completion time will not be extended because of any avoidable delay attributed to the Consultant, but delays attributable to the LPA may constitute a basis for an extension of time. LPA authorized changes in the scope of work, which increase or decrease work-hours or services required of the Consultant, will provide the basis for a change of time and/or changes to the Consultant’s fee. SECTION 7.FEES AND PAYMENTS A.For performance of the services as described in this agreement, the Consultant will be paid a fixed-fee-for-profit of $5,703.65, as defined in paragraph D of this section, and up to a maximum amount of $43,372.55 for actual costs as defined in paragraph E of this section, that are allowable subject to the terms of this agreement and to all requirements and limitations of the federal cost principles contained in the Federal Acquisition Regulation (48 CFR 31). The total agreement amount is $49,076.20. B.Occasionally, the conditions of this agreement may change. This may be due to a change in scope which may require an adjustment of costs. In order to justify the need to modify this contract, the LPA must first determine that the situation meets the following criteria: That the additional work is beyond the scope of services initially negotiated with Consultant; and That the proposed Services are within the scope of the Request for Proposal under which Consultant was selected and contract entered into; and That it is in the best interest of the LPA that the services be performed under this agreement. Once the need for a modification has been established, a supplemental agreement will be prepared. If the additional work requires the Consultant to incur costs prior to execution of a supplemental agreement, the LPA shall use the Consultant Work Order Form (DR Form 250)to describe and provide necessary justification for the modification of the scope of services, the deliverables, the schedule, and to document the Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting - 6 - estimated total additional fee. DR Form 250 is available on the State’s webpage at: www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#forms4. The Consultant Work Order must be executed to provide authorization for the additional work and to specify when that work may begin. This agreement will be supplemented after one or more Consultant Work Orders have been authorized and approved for federal funding. C.The LPA is not responsible for costs incurred prior to the Notice-to-Proceed date or after the completion deadline date stated in the NOTICE TO PROCEED AND COMPLETION Section of this agreement or as provided in a written time extension notification. D.The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect non-laborcosts, and direct payroll additives. The fixed-fee is not allowable upon direct non-labor costs. The fee for profit is calculated by multiplying the sum of the wages and overhead costs billed by the negotiated fee for profit rate of “13.50%”. E.Actual costs include direct labor costs, direct non-labor costs, and overhead costs. (1)Direct Labor Costs are the earnings that individuals receive for the time they are working directly on the project. (a)Hourly Rates: For hourly employees, the hourly earnings rate shall be the employee’s straight time hourly rate for the pay period in which the work was performed. For salaried employees, the hourly earnings rate shall be their normal hourly rate as established by the company’s compensation plan, (b)Time records: The hours charged to the project must be supported by adequate time distribution records. The records must clearly indicate the distribution of hours to all activities on a daily basis for the entire Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -7 - pay period, and there must be a system in place to ensure that time charged to each activity is accurate. (2)Direct Non-Labor Costs charges in this category include actual allowable expenses for personnel away from their base of permanent assignment, communication costs, reproduction and printing costs, computer charges, special equipment and materials required for the project, special insurance premiums if required solely for this agreement, and such other similar items. A non-labor cost cannot be charged as a direct cost and also be included in the Consultant’s overhead rate. If for reasons of practicality, the consultant is treating a direct non-labor cost category, in its entirely, as an overhead cost, then costs from that category are not eligible to be billed to this project as a direct expense. Payment for eligible direct non-salary costs must be made on receipted invoices whenever possible, or on certified billings of the Consultant. For purposes of standardization on this agreement, the following expenses will be reimbursed at actual costs, not to exceed the rates as shown below. Company Automobile/Pick-up truck -The reimbursement for automobile/pick-up truck mileage shall be the prevailing standard rate as established by the Internal Revenue Services through its Revenue Procedures -currently 55.5 cents per mile. Company Survey Vehicle -Currently 58 cents per mile (2.5 cents above Company Automobile/Pick-up truck) Privately Owned Vehicle -Actual reimbursement to employee, not to exceed rates shown for company vehicles outlined above Automobile Rental -Actual reasonable cost Air fare -Actual reasonable cost, giving the State all discounts Lodging -Actual cost –excluding taxes and fees: Not to exceed the federal lodging reimbursement guidelines, as periodically determined by the U.S. General Services Administration – currently at the following rates: Not to exceed *$70.00 per person daily *Omaha/Douglas County, not to exceed Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -8 - $101.00 per person daily Meals -Actual cost –including tax and gratuity:Not to exceed the federal per meal reimbursement guidelines, as periodically determined by the U.S. General Services Administration – currently at the following rates: Statewide Omaha/Douglas County Breakfast $7.00 $10.00 Lunch 11.00 15.00 Dinner 23.00 31.00 Totals $41.00 $56.00 (Includes tax and gratuity) For the Consultant and its employees to be eligible for the meal allowance, the following criteria must be met. Breakfast:(a)Employee is required to depart at or before 6:30 a.m., or (b)Employee is on overnight travel. Lunch:(a)Employee mustbe on overnight travel. No reimbursement for same day travel. (b)Employee is required to leave for overnight travel at or before 11:00 a.m., or (c)Employee returns from overnight travel at or after 2:00 p.m. Dinner:(a)Employee returns from overnight travel or work location at or after 7:00 p.m., or (b)Employee is on overnight travel. Meals are not eligible for reimbursement if the employee eats within 20 miles of the headquarters town of the employee. The Consultant shall note the actual lodging and meal costs in a daily diary, expense report, or on the individual's time report along with the time of departure to the project and time of return to the headquarters town. The total daily meal costs must not exceed $41.00 per person, with the exception of Omaha/Douglas County, which must not exceed $56.00 per person (includes tax and gratuity).When requested by LPA or State, the Consultant will provide a copy of the meal receipts. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -9 - (3)Overhead Costs include indirect labor costs, indirect non-labor costs, and direct labor additives that are allowable in accordance with 48 CFR 31. Overhead costs are to be allocated to the project as a percentage of direct labor costs. The Consultant will be allowed to charge the project using its actual allowable overhead rate. Overhead rate increases which occur during the project period will not be cause for an increase in the maximum amount established in paragraph A of this section. When an audit is performed by the State at the completion of the work, the actual allowable overhead rate for the year the project labor was incurred will be applied to the direct labor costs for that year. If a particular year’s actual overhead has not yet been computed or approved by the State, the most recent year’s accepted rate will be applied. The audit may result in additional funds due the Consultant or a cost due from the Consultant to the State. F.The Consultantshall submit invoices to the LPA at a minimum of monthly intervals and in accordance with the “LPA Reimbursement Procedure” located on the State’s webpage at:www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#policies. The invoices must present actual direct labor, actual overhead, actual direct non-labor costs, as well as the fixed-fee based upon the actual direct labor and overhead costs billed for that period. The invoices must identify eachemployee by name and classification, the hours worked,and each individual's actual labor cost. Direct non-labor expenses must be itemized and provide a complete description of each item billed. Each monthly invoice must be substantiated by a progress report which is to include/address, as a minimum: 1.A description of the work completed for that period 2.A description of the work anticipated for the next pay period 3.Information needed from LPA 4.Percent of work completed to date 5.A completed “Cost Breakdown Form”whichis located on the State’s webpage at www.transportation.nebraska.gov/gov-aff/lpa-guide-man.html#forms4. If the Consultant does not submit a monthly invoice, it shall submit its progress report monthly. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -10 - G.The State, on behalf of LPA,will make every effort to pay the Consultant within 30 days of receipt of the Consultant's invoices. Payments are dependent upon whether the monthly progress reports provide adequate substantiation for the work and whether the LPA and State determines that the work submitted is satisfactory. Upon determination that the work was adequately substantiated and satisfactory, payment will be made in the amount of 100 percent of the billed actual costs and fixed fee upon acceptance by the LPA and State, a final audit of all invoiced amounts will be completed by the State or its authorized representative. The Consultant agrees to reimburse the State for any overpayments discovered by the State or its authorized representative. The acceptance by the Consultant of the final payment will constitute and operate as a release to the LPA and State for all claims and liability to the Consultant, its representatives, and assigns, for any and all things done, furnished, or relating to the services rendered by or in connection with this agreement or any part thereof. H.The Consultant shall maintain, all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and shall make such material available for examination at its office at all reasonable times during the agreement period and for three years from the date of final cost settlement under this agreement. Such materials must be available for inspection by the State, FHWA, or any authorized representative of the federal government, and when requested,the Consultant shall furnish copiesat the expense of the requestor. SECTION 8.PROFESSIONAL PERFORMANCE The Consultant understands that the LPA will rely on the professional performance and ability of the Consultant. Any examination by the LPA, State or the FHWA, or any acceptance or use of the work product of the Consultant, will not be considered to be a full and comprehensive examination and will not be considered an approval of the work product of the Consultant which would relieve the Consultant from any liability or expense that would be connected with the Consultant's sole responsibility for the propriety and integrity of the professional work to be accomplished by the Consultant pursuant to this agreement. That further, acceptance or approval of any of the work of the Consultant by the LPA or of payment, partial or final, will not constitute a waiver of any rights of the LPA to recover from the Consultant, damages that are caused by the Consultant due to error, omission, or negligence of the Consultant in its work. That further, if due to error, omission, or negligence of the Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -11 - Consultant, the plans, specifications, and estimates are found to be in error or there are omissions therein revealed during the construction of the project and revision or reworking of the plans is necessary, the Consultant shall make such revisions without expense to the LPA. The Consultant shall respond to the LPA’s or State’s notice of any errors or omissions within 24 hours and give immediate attention to these corrections to minimize any delays to the construction contractor. This may involve visits by the Consultant to the project site, if directed by the LPA. If the Consultant discovers errors in its work, it shall notify the LPA and State of the errors within seven days. Failure of the Consultant to notify the LPA will constitute a breach of this agreement. The Consultant's legal liability for all damages incurred by the LPA caused by error, omission, or negligent acts of the Consultant will be borne by the Consultant without liability or expense to the LPA. SECTION 9.CHANGE OF PLAN,ABANDONMENT,SUSPENSION,OR TERMINATION Additions to the schedule of services, if approved in writing, will require negotiation of a supplemental agreement. For any work beyond the schedule of services, the Consultant shall document the additional work, estimate the cost to complete the work, and receive written approval from the LPA before the Consultant begins the work. Any such work performed by the Consultant prior to written approval of the LPA will be done at the expense of the Consultant. The LPA has the absolute right to abandon the project or to change the general scope of work at any time and such action on its part will in no event be deemed a breach of agreement. The LPA can suspend or terminate this agreement at any time. Such suspension or termination may be affected by the LPA giving the Consultant seven days written notice. If the LPA abandons or subtracts from the work, or suspends or terminates the agreement as presently outlined, the Consultant will be compensated in accordance with the provisions of 48 CFR 31, provided however, that in case of suspension, abandonment, or termination for breach of this agreement or for tender of improper work, the LPA can suspend payments, pending the Consultant's compliance with the provisions of this agreement. In determining the percentage of work completed, the LPA will consider the work performed by the Consultant prior to abandonment or termination to the total amount of work contemplated by this agreement. The ownership of all project plans and supporting documents completed or partially completed at the time of such termination or abandonment will be retained by the LPA and the Consultant shall immediately deliver all project plans and supporting documents to the LPA. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -12 - SECTION 10.OWNERSHIP OF DOCUMENTS All surveys, plans, specifications, maps, computations, charts, electronic data, and other project data prepared or obtained under the terms of this agreement are the property of the LPA and the Consultant shall deliver them to the LPA without restriction or limitation as to further use. LPA acknowledges that such data may not be appropriate for use on an extension of the work covered by this agreement or on other projects. Any use of the data for any purpose other than that for which it was intended without the opportunity for Consultant to review the data and modify it if necessary for the intended purpose will be at the LPA’s sole risk and without legal exposure or liability to Consultant. SECTION 11.USE AND/OR RELEASE OF PRIVILEGED OR CONFIDENTIAL INFORMATION Certain information provided by the LPA or State to the Consultant is confidential information contained within privileged documents protected by 23 U.S.C. §409. "Confidential information" means any information that is protected from disclosure pursuant to state and federal law and includes, but is not limited to, accident summary information, certain accident reports, diagnostic evaluations, bridge inspection reports, and any other documentation or information that corresponds with said evaluations or reports, and any other information protected by 23 U.S.C. §409. "Privileged document" means any document pertaining to any file or project maintained by the LPA or Statethat is privileged and protected from disclosure, pursuant to appropriate state and federal law, including any document containing attorney-client communications between an LPA or State employee and Legal Counsel. This confidential and privileged information is vital and essential to the Consultant in order that the Consultant adequately design the project at hand on behalf of the LPA or State. The Consultant agrees it will only use any information or documentation that is considered to be privileged or confidential for the purposes of executing the services by which it has agreed to render for the LPA or State for the project at hand only. The Consultant agrees not to reveal, disseminate, or provide copies of any document that is confidential and privileged to any individual or entity. The LPA agrees that any information or documentation that is considered to be privileged or confidential that is provided to Consultant will be marked with the following information: “CONFIDENTIAL INFORMATION:Federal Law, 23 U.S.C §409, prohibits the production of this document or its contents in discovery or its use in evidence in a State or Federal Court. The LPA has not waived any privilege it may assert as provided by Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -13 - that law through the dissemination of this document and has not authorized further distribution of this document or its contents to anyone other than the original recipient.” The Consultant agrees to obtain the written approval of the Consultant Coordinator prior to the dissemination of any privileged or confidential information or documentation if it is unclear to the Consultant whether such information or documentation is in fact privileged or confidential. The Consultant and the LPA agree that any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant will create liability on the part of the Consultant to the LPA for any damages that may occur as a result of the unauthorized dissemination. The Consultant agrees to hold harmless, indemnify, and release the LPA for any liability that may ensue on the part of the LPA for any unauthorized dissemination of any privileged or confidential information or documentation on the part of the Consultant. SECTION 12.FORBIDDING USE OF OUTSIDE AGENTS The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, the LPA has the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. SECTION 13.NON-RAIDING CLAUSE The Consultant shall not engage the services of any person or persons presently in the employ of the State for work covered by this agreement without the prior written consent of the employer of the persons. SECTION 14.GENERAL COMPLIANCE WITH LAWS The Consultant hereby agrees to comply with all federal, state, and local laws and ordinances applicable to the work. SECTION 15.DISPUTES Any dispute concerning a question of fact in connection with the work covered under this agreement will be addressed in accordance with LPA Manual SectIon 4.4.3.5 DISPUTE RESOLUTION. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -14 - SECTION 16.RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the LPA from all claims and liability due to the activities of the Consultant or those of the Consultant's agents or employees in the performance of work under this agreement. In this connection, the Consultant shall for the life of this agreement, carry insurance as outlined in Exhibit “C”and attached hereto, and hereby made a part of this agre ement. SECTION 17.PROFESSIONAL REGISTRATION The Consultant shall affix the seal of a registered professional engineer or architect licensed to practice in the State of Nebraska, on all plans, documents, and specifications prepared under this agreement as required by the Nebraska Engineers and Architects Regulations Act, Neb.Rev.Stat §81-3401 et.seq. SECTION 18.SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 19.DRUG-FREE WORKPLACE POLICY The Consultant shall have an acceptable and current drug-free workplace policy on file with the State. SECTION 20.FAIR EMPLOYMENT PRACTICESACT The Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Neb.Rev.Stat. 48-1101 through 48-1126, which is hereby made a part of and included in this agreement by reference. SECTION 21.DISABILITIES ACT The Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35, which is hereby made a part of and included in this agreement by reference. SECTION 22.DISADVANTAGED BUSINESS ENTERPRISES The Consultant shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement. Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The Consultant shall not discriminate on the basis of race, color, sex, or national origin in the award and performance of FHWA-assisted contracts. Failure of the Consultant to carry out the requirements set forth above will constitute a breach of this agreement and, after the Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -15 - notification of the FHWA, may result in termination of this agreement by the LPA or such remedy as the LPA deems appropriate. SECTION 23.NONDISCRIMINATION A.Compliance with Regulations: During the performance of this agreement, the Consultant, for itself and its assignees and successors in interest, agrees to comply with the regulations of the DOT relative to nondiscrimination in federally-assisted programs of the DOT (49 CFR 21 and 27, hereinafter referred to as the Regulations), which are hereby made a part of and included in this agreement by reference. B.Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of this agreement, shall not discriminate on the basis of race, color, sex, or national origin in the selection and retention of Subconsultants, including procurements of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the agreement covers a program set forth in Appendixes A, B, and C of 49 CFR 21. C.Solicitations for Subagreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subagreement, including procurements of materials or equipment, each potential Subconsultant or supplier shall be notified by the Consultant of the Consultant's obligations under this agreement and the Regulations relative to nondiscrimination on the basis of race, color, sex,or national origin. D.Information and Reports: The Consultant shall provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA, State or FHWA to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall certify to the LPA, State or FHWA, as appropriate, and set forth what efforts it has made to obtain the information. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -16 - E.Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this agreement, the LPA will impose such agreement sanctions as it or the State and FHWA may determine to be appropriate, including but not limited to withholding of payments to the Consultant under this agreement until the Consultant complies, and/or cancellation, termination, or suspension of this agreement, in whole or in part. F.Incorporation of Provisions: The Consultant shall include the provisions of paragraphs A through E of this section in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The Consultant shall take such action with respect to any subagreement or procurement as the LPA, State or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided however, that in the event a Consultant becomes involved in or is threatened with litigation with a Subconsultant/ Subcontractor as a result of such direction, the Consultant may request that the LPA enter into such litigation to protect the interests of the LPA and, in addition, the Consultant may request that the State and United States enter into such litigation to protect the interests of the State and United States. SECTION 24.SUBLETTING,ASSIGNMENT,OR TRANSFER Any other subletting, assignment, or transfer of any professional services to be performed by the Consultant is hereby prohibited unless prior written consent of the LPA is obtained. As outlined in the DISABILITIES ACT Section of this agreement, the Consultant shall take all necessary and reasonable steps to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform subagreements. Any written request to sublet any other work must include documentation of efforts to employ a disadvantaged business enterprise. SECTION 25. CONFLICT OF INTEREST The Consultant shall review the Conflict of Interest provisions of 23 CFR 1.33 and 49 CFR 18.36(b)(3) and agrees to comply with all the Conflict of Interest provisions in order for the project to remain fully eligible for State or Federal funding. Consultant should review, understand and follow the instructions provided in the NDOR CONFLICT OF INTEREST GUIDANCE DOCUMENT for CONSULTANTS for LOCAL FEDERAL-AID TRANSPORTATION PROJECTS located on the State website at the following location: Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -17 - http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-guidance-doc-consultant.pdf Consultant must also complete and sign the CONFLICT OF INTEREST DISCLOSURE FORM FOR CONSULTANTS for Local Federal-aid Transportation Projects, for each project. This form is located on the State website at the following location: http://www.dor.state.ne.us/gov-aff/lpa/chapter-forms/coi/coi-disclosure-doc-consultant.pdf Consultants and sub-consultants providing services for LPA’s, or submitting proposals for services, shall have the duty to notify the LPA and the NDOR LPD PC and submit a revised Conflict of Interest Disclosure Form for Consultants for any changes in circumstances, or discovery of any additional facts, that could result in someone employed by, or who has an ownership, personal, or other interest with Consultant or sub-consultant having a real or potential conflict of interest on an LPA federal-aid transportation project. SECTION 26.CONSULTANT CERTIFICATIONS The undersigned duly authorized representatives of the Consultant, by signing this agreement, hereby swears, under the penalty of law, the truth of the following certifications, and agrees as follows: A.Neb.Rev.Stat.§81-1715(1). I certify compliance with the provisions of Section 81-1715 and, to the extent that this contract is a lump sum or actual cost-plus-a- fixed fee professional service contract, I hereby certify that wage rates and other factual unit costs supporting the fees in this agreement are accurate, complete, and current as of the date of this agreement. I agree that the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the LPA determines the contract price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. Neb.Rev.Stat. §§81-1701 through 81-1721. B.Neb. Rev. Stat. §§81-1717 and 1718. I hereby certify compliance with the provisions of Sections 81-1717 and 1718 and, except as noted below neither I nor any person associated with the firm in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds: 1.Has employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -18 - fide employee working solely for me or the above Consultant) to solicit or secure this agreement, or 2.Has agreed, as an express or implied condition for obtaining this agreement, to employ or retain the services of any firm or person in connection with carrying out this agreement, or 3.Has paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with procuring or carrying out this agreement, except as here expressly stated (if any). C. Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions.Section C1 below contains 10 instructions that consultant agrees to follow in making the certifications contained in C2. 1.Instructions for Certification a.By signing this agreement, the Consultant is providing the certification set out below. b.The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. The Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the LPA's determination whether to enter into this agreement. However, failure of the Consultant to furnish a certification or an explanation will disqualify the Consultant from participation in this agreement. c.The certification in this clause is a material re presentation of fact upon which reliance was placed when the State determined to enter into this agreement. If it is later determined that the Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the LPA may terminate this agreement for cause or default. d.The Consultant shall provide immediate written notice to the LPA if at any time the Consultant learns that its certification was erroneous Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -19 - when submitted or has become erroneous by reason of changed circumstances. e.The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. f.The Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the LPA before entering into this agreement. g.The Consultant further agrees to include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h.The Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. i.Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j.Except for transactions authorized under paragraph (f) of these instructions, if the Consultant in a covered transaction knowingly Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -20 - enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the LPA may terminate this agreement for cause or default. 2.Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions a.By signing this agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: i.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; ii.Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph A.(ii) of this certification; and iv.Have not within a three-year period preceding this agreement had one or more public transactions (federal, state, or local) terminated for cause or default. b.Where the Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. I acknowledge that this certification is to be furnished to the State and the FHWA in connection with this agreement involving participation of federal-aid highway funds and is subject to applicable, state and federal laws, both criminal and civil. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -21 - SECTION 27.LPA CERTIFICATION By signing this agreement, I,Jay Vavricek,do hereby certify that, to the best of my knowledge, the Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this agreement to: (a)employ or retain, or agree to employ or retain, any firm or person, or (b)pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. I acknowledge that this certification is to be furnished to the FHWA, upon their request,in connection with this agreement involving participation of Federal-Aid highway funds and is subject to applicable state and federal laws, both criminal and civil. SECTION 28.ALL ENCOMPASSED This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. Project No. ENH-40(60) Control No. 42651 Grand Island 3rd & Wheeler Historical Lighting -22 - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officials thereunto duly authorized as of the dates below indicated. After being duly sworn on oath, I do hereby acknowledge the foregoing certification and state that I am authorized to sign this agreement. EXECUTED by the Consultant this ___ day of _________________,2011. OLSSON ASSOCIATES, INC. Randall J. Kaster, PE ________________________________ Principal STATE OF NEBRASKA))ss. LANCASTER COUNTY ) Subscribed and sworn to before me this ________ day of __________, 2011. ________________________________ Notary Public EXECUTED by the LPA this _____ day of ____________________,2011. CITY OF GRAND ISLAND Jay Vavricek ________________________________ Mayor Subscribed and sworn to before me this _____ day of ________________, 2011. ___________________________________ Clerk STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility: ___________________________________ ___________________________________ Date Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-279 WHEREAS, by Resolution 2011-126 Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads for the 3rd Street and Wheeler Avenue Downtown Historical Lighting Project; 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 Omaha, 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 Omaha, Nebraska for engineering consulting services related to the 3rd Street and Wheeler Avenue Downtown Historical Lighting Project 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, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G27 #2011-280 - Approving Bid Award for Sugar Beet Ditch Piping at Suck’s Lake; Drainage Project No. 2011-D-3 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: September 27, 2011 Subject: Approving Bid Award for Sugar Beet Ditch Piping at Such’s Lake; Drainage Project No. 2011-D-3 Item #’s: G-27 Presenter(s): John Collins, Public Works Director Background On September 12, 2011, the Engineering Division of the Public Works Department advertised for bids in the Grand Island Daily Independent for the Sugar Beet Ditch Piping at Suck’s Lake Drainage Project No. 2011-D-3. This project will allow for the lining of what is referred to as the Sugar Beet Ditch and additional piping for better drainage, as well as ease in maintenance. A potentially hazardous situation will also be reduced, as there is the chance of an individual falling into the current ditch. There were seven (7) potential bidders for this project. Discussion Three (3) bids were received and opened on September 20, 2011. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Total Bid The Diamond Engineering Co. of Grand Island, NE None $69,664.40 Philip Carkoski Construction & Trenching of Loup City,NE Noted $89,529.00 (*mathematical error on bid) Van Kirk Bros. Contracting of Sutton, NE None $105,859.60 The bids were higher than the estimate of $55,000.00, but are considered fair, reasonable and competitive. There are sufficient funds in the 2010/2011 budget for this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid award in the amount of $69,664.40.00 to The Diamond Engineering Company. Sample Motion Move to approve the resolution. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 20, 2011 at 2:00 p.m. FOR: Sugar Beet Ditch Piping at Such’s Lake; Project 2011-D-3 DEPARTMENT: Public Works ESTIMATE: $55,000.00 FUND/ACCOUNT: 40033520-90111 PUBLICATION DATE: September 10, 2011 NO. POTENTIAL BIDDERS: 7 SUMMARY Bidder: Van Kirk Bros. Contracting Philip Carkoski Construction & Trenching Sutton, NE Loup City, NE Bid Security: Universal Surety Co. The Cincinnati Insurance Co. Exceptions: None Noted Bid Price: Section A: $26,900.00 $21,392.00 Section B: $20,690.00 $16,608.00 Section C: $58,269.60 $51,129.00 Total Bid: $105,859.60 $89,129.00 Bidder: Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Co. Exceptions: None Bid Price: Section A: $17,727.60 Section B: $13,845.50 Section C: $38,091.30 Total Bid: $69,664.40 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Terry Brown, PW Eng. Mgr. Mary Lou Brown, City Administrator P1511 Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-280 WHEREAS, the City of Grand Island invited sealed bids for the Sugar Beet Ditch Piping at Suck’s Lake; Project No. 2011-D-3, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on September 20, 2011 bids were received, opened, and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, NE 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 $69,664.40, and WHEREAS, funds are available in the Fiscal Year 2010/2011 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company of Grand Island, Nebraska in the amount of $69,664.40 for the Sugar Beet Ditch Piping at Suck’s Lake; Project No. 2011-D-3 is hereby approved as the lowest responsible bid. BE IT FUTHER 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, September 20, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G28 #2011-281 - Approving Bid Award in Concrete for Sludge Storage Building Project No. 2011-WWTP-4 for Wastewater Division of the City of Grand Island Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: John Henderson, Superintendent, Wastewater Division Meeting: September 27, 2011 Subject: Approving Bid Award in Concrete for Sludge Storage Building Project No. 2011-WWTP-4 for Wastewater Division of the City of Grand Island Item #’s: G-28 Presenter(s): John Collins, Public Works Director Background This project will provide the Wastewater Division the replacement of a deteriorated concrete pad; new concrete access pavement; curb; and sidewalk in the main door area around the sludge storage building. Additionally the slope will be changed on the existing pavement on the building’s south side to provide proper drainage. On September 8, 2011 an ad to bidders was published in the Grand Island Daily Independent, with bidding documents being sent to ten (10) potential contractors. The estimate was $335,000.00. Discussion On September 15, 2011 three (3) bids were received, opened and reviewed. A summary of the bids is show below: Bidder Exceptions Total Bid L & L Concrete & Construction Inc. of Grand Island, NE Noted $156,405.99 Lacy Construction Co. of Grand Island, NE Noted $165,335.00 Diamond Engineering Co. of Grand Island, NE None $194,450.26 L & L Concrete & Construction, Inc. is the apparent low bidder. City staff has reviewed L & L Concrete & Construction, Inc. exceptions noted in the bidding documents. L & L Concrete & Construction, Inc. shall add work at base bid exceptions listed as; testing, best management practice (truck cleanout containment), and supplied heating for cold weather pours. All other exceptions noted have been reviewed by city staff as acceptable. City staff recommends additional fund allocation to this project for the addition of sealant work, in the amount of $4,438.00. City staff recommends the bid be awarded to L & L Concrete & Construction, Inc. of Grand Island, Nebraska. 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 bid award to L & L Concrete & Construction, Inc. of Grand Island, Nebraska in the amount of $160,843.99. Sample Motion Move to approve the bid award. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Jason Eley, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 15, 2011 at 2:15 p.m. FOR: Concrete for Sludge Storage Building 2011-WWTP-4 DEPARTMENT: Public Works ESTIMATE: $335,000.00 FUND/ACCOUNT: 53030054-85608 PUBLICATION DATE: September 8, 2011 NO. POTENTIAL BIDDERS: 10 SUMMARY Bidder: Lacy Construction Co. Diamond Engineering Co. Grand Island, NE Grand Island, NE Bid Security: Merchants Bond Co. Universal Surety Co. Exceptions: Noted None Bid Price: $165,335.00 $194,450.26 Bidder: L & L Concrete & Construction, Inc. Grand Island, NE Bid Security: AMCO Insurance Co. Exceptions: Noted Bid Price: $156,405.99 cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jason Eley, Purchasing Agent Don Rowley, Waste Water Division Mary Lou Brown, City Administrator P1510 Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-281 WHEREAS, Advertisement to Bidders for Concrete for Sludge Storage Building 2011- WWTP-4 at the Wastewater Treatment Plant was published in the Grand Island Daily Independent on September 8, 2011, and WHEREAS, on September 15, 2011 bids were received, opened and reviewed; and WHEREAS, L & L Concrete & Construction, Inc. of Grand Island submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, with a base bid of $156,405.99; and WHEREAS, City staff recommends additional fund allocation to the project for L & L Concrete & Construction, Inc. to add joint sealant to the work, in the amount of $4,438.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid award with the contracting firm, L & L Concrete & Construction, Inc. of Grand Island, in the base bid amount of $156,405.99 for Concrete for Sludge Storage Building 2011-WWTP-4, joint sealant in the amount of $4,438.00, for a total contractual amount of $160,843.99 at the Wastewater Treatment Plant is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G29 #2011-282 - Approving Agreement with Olsson Associates for an Update to the Groundwater Study Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Terry Brown, Manager of Engineering Services Meeting: September 27, 2011 Subject: Approving Agreement with Olsson Associates for an Update to the Groundwater Study Item #’s: G-29 Presenter(s): John Collins, Public Works Director Background On December 21, 1998 the City entered into an agreement with the Central Platte Natural Resources District (CPNRD), which provided for the installation of test and monitoring wells to study lowering groundwater levels. The study concluded September 2000 with a recommendation to implement a dewatering program. On July 26, 2011 City Council approved an Interlocal Agreement with the Central Platte Natural Resources District (CPNRD) to update the September 2000 Groundwater Study. The cost will be shared equally between the City and the CPNRD, with the study also being shared with both entities. Discussion Three (3) proposers responded to the Request for Qualifications (RFQ), which was advertised in the Grand Island Independent on August 9, 2011. The RFQ was sent directly to eleven (11) consultant firms. Olsson Associates of Grand Island, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. The anticipated start date of the study update is October 3, 2011, with an anticipated completion date of February 23, 2012. Results of the study will be presented to both the City and the CPNRD once the report is available. 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 and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ September 23, 2011 ¤ City Attorney R E S O L U T I O N 2011-282 WHEREAS, by Resolution 2011-182 Grand Island City Council approved entering into an agreement with the Central Platte Natural Resources District (CPNRD) for the update to the September 2000 Groundwater Study; 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, Central Platte Natural Resources District and Olsson Associates of Grand Island, Nebraska for engineering consulting services related to the September 2000 Groundwater Study Update 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, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G30 #2011-283 - Approving Agreement for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: September 27, 2011 Subject: Approving Agreement for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue Item #’s: G-30 Presenter(s): John Collins, Public Works Director Background The City of Grand Island Public Works Department sought STP funds for the Capital Avenue, Webb Road to Broadwell Avenue widening project. This proposed project consists of removal of the existing 24’ wide asphalt roadway and construction of new concrete pavement on Capital Avenue from Webb Road to Broadwell Avenue. The new roadway will consist of 41’ wide back-to-back curbed concrete pavement to accommodate a three lane roadway (two through lanes and a common turning lane). The purpose of this project is to accommodate traffic volumes and enhance motorist and pedestrian safety. Reconstruction will address the deterioration of the existing pavement, and widening of the roadway will improve safety. A Project Programming Request for the “Capital Avenue, Webb Road to Broadwell Avenue ” project was prepared by Public Works and approved by the Nebraska Department of Roads (NDOR) April 5, 2011. The estimated total cost of the entire project, including preliminary engineering, environmental clearance and construction oversight is $3,250,639. The estimated portion the City of Grand Island will be responsible for is $650,129. Construction is anticipated to be completed in 2014. On May 24, 2011 City Council approved the Project Program Agreement between the City of Grand Island and Nebraska Department of Roads, which specifies the various duties and funding responsibilities of this Federal-aid project. The Program Agreement requires that NDOR Standards and Specifications are to be used for design, construction inspection and quality control. All agreements must be approved by the City Council. Discussion Five (5) proposals for preliminary engineering and environmental clearance services were received. Olsson Associates of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. The Nebraska Department of Roads has approved the selection and prepared the attached agreement. The work is to be performed at actual costs with a maximum amount of $354,124.45, plus a fixed-fee-for-profit amount of $44,912.99, for a total agreement amount of $399,037.44. The fixed-fee is computed upon the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct payroll additives. Supplemental agreements will be required later for engineering services for Right-of- Way acquisition, additional storm sewer design (if necessary), water main reconstruction (if necessary) and sanitary sewer gravity main design. It is not practical to estimate the scope and fees for these additional services until substantial design work has been completed. 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 Omaha, Nebraska. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-283 WHEREAS, by Resolution 2011-124 Grand Island City Council approved entering into an agreement with the Nebraska Department of Roads for the Capital Avenue Widening – Webb Road to Broadwell Avenue Project; 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 Omaha, 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 Omaha, Nebraska for engineering consulting services related to the Capital Avenue Widening – Webb Road to Broadwell Avenue Project 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, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G31 #2011-284 - Approving Annual Report by the Citizens’ Review Committee on the Economic Development Program Plan This item relates to the aforementioned Public Hearing item E-12. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mark Stelk, Chairman CRC City of Grand Island City Council Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-284 WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a report by the Citizens Advisory Review Committee to the City Council at least once every six months on its findings and suggestions on the administration of the Economic Development Plan; and WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review Committee was held at a regular session of the Grand Island City Council on September 27, 2011; and WHEREAS, said report gave information about the activities of the past six months that have taken place pursuant to the Economic Development Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the annual report of the Citizens Advisory Review Committee is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G32 #2011-285 - Approving Continuation of Water Main District #457 - Pioneer Blvd. - Ordinance #9300 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #457 – Pioneer Boulevard & Commerce Avenue - Ordinance #9300 Item #’s: G-32 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 457 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Pioneer Boulevard and Commerce Avenue Discussion The proposed project would install an 8” diameter water main and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #457 ended at 5:00 p.m., September 16, 2011. Protests received represented 32.06% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #457 along Pioneer Boulevard and Commerce Avenue. Sample Motion Move to approve the continuation of Water Main District #457 along Pioneer Boulevard and Commerce Avenue. WMDOwnerNameOwnerAddressRenterAddressLotBlockSubdivision/SectionLegalFrontageSquareFootageForAgainst457MarvinD.&JudithM.Lambertus2409PioneerBlvd.PartSW1/4,NW1/4,Sec28119157.4059,339.80457GaryR.&EllenM.Mader2413PioneerBlvd.1BonneySub98.0721,352.70y?????457GaryR.&EllenM.Mader3BonneySub93.3334,349.20y?????457HerbertW.&LanitaK.Roeser2316PioneerBlvd.2ParkView3rdSub566.4574,442.84457MyrlL.Wieland2019PioneerBlvd.3AParkViewSub107.4040,339.44y??????457JamesF.Crisel2103PioneerBlvd.4AParkViewSub107.4040,339.44y??????457JohnT.&KathrynA.Kluska2107PioneerBlvd.5AParkViewSub107.4040,339.44y??????457CityofGrandIslandParkviewWell#12111PioneerBlvd6AParkViewSub107.4040,339.44457JeffreyH.&DeneldaC.Spease2115PioneerBlvd.7AParkViewSub107.4040,339.44457BankofNewYorkMellon400NationalWay2203PioneerBlvd.8AParkViewSub107.4040,339.44 457John&JenniferGannon2207PioneerBlvd.9AParkViewSub107.4040,339.44y??????457DanielR.&SaraA.Cox2211PioneerBlvd.10AParkViewSub107.4040,339.44y??????457RandyL.&JanE.Dye2305PioneerBlvd.11AParkViewSub107.4040,339.44457RobertG.&JudyA.Eversoll2315PioneerBlvd.12AParkViewSub107.4040,339.44457MyronR.&MargaretE.Berggren2317PioneerBlvd.13AParkViewSub107.4040,339.44y??????457NeilD.&JacquelineJ.Stoecker2401PioneerBlvd.14AParkViewSub107.4040,339.44y??????457RonaldR.Ruhe&MarilynHaith2403PioneerBlvd.15AParkViewSub107.4040,339.44457ArleneFischerc/oRobertFischer10009E.83rdStreet2405PioneerBlvd.16AParkViewSub107.4040,339.44457JoelB.&MelanieL.Garrett2407PioneerBlvd.17AParkViewSub107.4040,339.44457JayneA.Decker2018PioneerBlvd.5BParkViewSub107.4018,709.08y?????? 457DarrelR.Olson2102PioneerBlvd.7BParkViewSub107.4018,645.54457DavidJ.&JamieJ.Parr2106PioneerBlvd.9BParkViewSub107.4018,613.76457BrandonK.Warner2110PioneerBlvd.11BParkViewSub107.4018,581.99457LauraJ.Johnson1146S.VineStreet2114PioneerBlvd.13BParkViewSub107.4018,550.22457DanielJ.&SandraJ.Hostler2202PioneerBlvd.15BParkViewSub107.4018,518.45457JohnW.&WandaM.Sargent2206PioneerBlvd.17BParkViewSub107.4018,486.68457BrandenD.&GretchenL.Wagner2210PioneerBlvd.19BParkViewSub107.4018,454.90457HerbertW.&LanitaK.Roeser21BParkViewSub107.4018,423.13457SharonA.Smaha2416PioneerBlvd.1DParkViewSub267.3022,815.71y??????457StevenD.&LyndaG.Gratopp2412PioneerBlvd.2DParkViewSub188.9032,906.38 457DeanL.&ShirleyD.Carsten2414PioneerBlvd.3DParkViewSub188.9033,038.61y??????457TiffanyB.Pendergraftc/oShoreMortgagePOBox9702418PioneerBlvd.5DParkViewSub106.8040,349.04457RogerKrolikowski2417CommerceAve6DParkViewSub106.8040,349.04457StevenD.&LyndaG.GratoppPT4DParkViewSubS.8.5'Lot4,BlkD,ParkViewSub8.501,484.10457LawrenceD.&KristineA.CoatesPOBox2352410PioneerBlvd.PT4DParkViewSubN.180.4'Lot4,BlkD,ParkViewSub180.4031,497.84457FrederickW.Rauch,Jr.2419PioneerBlvd.1EParkViewSub158.8060,367.824,699.251,224,368.43?????????ŽIW?ŽlG?l?????? Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-285 WHEREAS, Water Main District No. 457 was created by Ordinance No. 9300 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 457 which represented 32.06% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 457, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G33 #2011-286 - Approving Continuation of Water Main District #459 - Park Drive - Ordinance #9301 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #459 – Park Drive - Ordinance #9301 Item #’s: G-33 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 459 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Park Drive. Discussion The proposed project would install an 8” diameter water main and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #459 ended at 5:00 p.m., September 16, 2011. Protests received represented 41.12% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #459 along Park Drive. Sample Motion Move to approve the continuation of Water Main District #459 along Park Drive. WMDOwnerNameOwnerAddressRenterAddressLotBlockSubdivision/SectionLegalFrontageSquareFootageForAgainst459LutherS.&StephanieM.Allen2305ParkDrive1ParkView3rdSub140.2023,131.20459HenryN.&CarolA.Yencer2019ParkDrive6BParkViewSub107.4018,676.86459KrishaC.Bosselman2103ParkDrive8BParkViewSub107.4018,735.93459RogerCharlesBrown2107ParkDrive10BParkViewSub107.4018,795.00459StevenR.&TracyM.Eisemann2111ParkDrive12BParkViewSub107.4018,883.94459CharlesH.&ChristineM.Hoffman2115ParkDrive14BParkViewSub107.4018,972.88X107.40459WallaceF.&BettyA.Jakob602OStreet,#302St.Paul,NE688732203ParkDrive16BParkViewSub107.4019,032.09459EvalynM.Sorahan2207ParkDrive18BParkViewSub107.4019,091.29X107.40459VirgilD.&LoisM.Melsen2211ParkDrive20BParkViewSub107.4019,150.49X107.40459TimothyR.&BeverlyJoPlummer2304ParkDrive1CParkViewSub106.8018,572.52x106.80 459EarlK.&LazettaJ.Barnes2423ParkDrive3CParkViewSub106.8018,572.52X106.80459GeorgeH.&KathrynL.Ferris2425ParkDrive5CParkViewSub106.8018,572.52X106.80459ChadL.&LeslieM.Smith2427ParkDrive7CParkViewSub106.8018,572.52459GregS.&AngelaM.Lehechka2429ParkDrive9CParkViewSub106.8018,572.52459LeslieDean&TerestaV.Westover2503ParkDrive11CParkViewSub106.8018,572.52459DonaldA.&CheriA.Schwieger2505ParkDrive13CParkViewSub106.8018,572.52459K&BAircraftLeasingServices,Inc.5266CherokeeAvenue2507ParkDrive15CParkViewSub106.8018,572.52459SecretaryofHousing&UrbanDevelopment4517thStreetSW2509ParkDrive17CParkViewSub106.8018,572.52459BrianJ.&LisaC.Degen2511ParkDrive19CParkViewSub106.8018,572.52X106.80459BrianJ.&LisaC.Degen2511ParkDrive21CParkViewSub106.8018,572.52X106.80 459StevenR.&MaryM.Mettenbrink2515ParkDrive23cParkViewSub106.8018,572.52459DouglasA.&CherylA.Ward2517ParkDrive25CParkViewSub106.8018,572.52X106.80459DonaldP.&PatriciaD.Whelan2519ParkDrive27CParkViewSub106.8018,572.52459RobertL.&RoxanneL.Lathen2521ParkDrive29CParkViewSub106.8018,572.52X106.802,601.40453,057.481,069.80%ofProtest41.12% Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-286 WHEREAS, Water Main District No. 459 was created by Ordinance No. 9301 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 459 which represented 41.12% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 459, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G34 #2011-287 - Approving Continuation of Water Main District #460 - Grand Avenue, Riverview Drive, and August Street - Ordinance #9302 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #460 – Riverview Drive, Grand Avenue, and August Street - Ordinance #9302 Item #’s: G-34 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 460 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Riverview Drive, Grand Avenue, and August Street. Discussion The proposed project would install an 8” diameter water main and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #460 ended at 5:00 p.m., September 16, 2011. Protests received represented 38.63% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #460 along Riverview Drive, Grand Avenue, and August Street. Sample Motion Move to approve the continuation of Water Main District #460 along Riverview Drive, Grand Ave nue, and August Street. Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-287 WHEREAS, Water Main District No. 460 was created by Ordinance No. 9302 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 460 which represented 38.63% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 460, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G35 #2011-288 - Approving Continuation of Water Main District #461 - Hagge Avenue - Ordinance #9303 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #461 – Hagge Avenue and William Street - Ordinance #9303 Item #’s: G-35 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 461 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Hagge Avenue and William Street. Discussion The proposed project would install an 8” diameter water main and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #461 ended at 5:00 p.m., September 16, 2011. Protests received represented 21.15% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #461 along Hagge Avenue and William Street. Sample Motion Move to approve the continuation of Water Main District #461 along Hagge Avenue and William Street. WMDOwnerNameOwnerAddressRenterAddressLotBlockSubdivision/SectionLegalFrontageSquareFootageForAgainst461DouglasJ.&NanetteP.Redman5043RaintreeCircle2019WilliamStreet33PTHagges'SubW70'ofLot33,Hagges'Sub70.0010,500.00461PamelaB.Haeussler1604HaggeAvenue33PTHagges'SubE6'ofLot33,Hagges'Sub6.00900.00461PamelaB.Haeussler1604HaggeAvenue34Hagges'Sub76.0011,400.00461DebraS.LarsonStarkey1604HaggeAvenue35Hagges'Sub76.0011,400.00461DebraS.LarsonStarkey1604HaggeAvenue36Hagges'Sub76.0011,400.00461Mauro&UbaldinoGarcia1522HaggeAvenue37Hagges'Sub76.0011,400.00461GregoryS.O'Rourke1518HaggeAvenue38Hagges'Sub76.0011,400.00X76.00461JohnnyP.&PeggyJ.Pape2405RiverviewDrive1510HaggeAvenue39Hagges'Sub76.0011,400.00461ToddM.&LanaK.McCain2020S.AugustStreet40Hagges'Sub76.0011,400.00X76.00461KennethP.&RobinG.Tesmer1418HaggeAvenue41Hagges'Sub76.0011,400.00 461ShawnA.&AngelaD.Wheeler1414HaggeAvenue42Hagges'Sub76.0011,400.00461NicholasJ.Benes1412HaggeAvenue43Hagges'Sub76.0011,400.00461LorettaJ.Broberg1408HaggeAvenue44Hagges'Sub76.0011,400.00X76.00461DanielD.&KorinnaJ.Naranjo1328HaggeAvenue45Hagges'Sub76.0011,400.00X76.00461LarryL.&LouiseA.Zimmerman1322HaggeAvenue46Hagges'Sub76.0011,400.00461LarryL.&LouiseA.Zimmerman1322HaggeAvenue47Hagges'Sub76.0011,400.00461PatrickC.&AlisonM.Larson1314HaggeAvenue48Hagges'Sub76.0011,400.00461PatrickC.&AlisonM.Larson1314HaggeAvenue49Hagges'Sub76.0011,400.00461MichaelL.McCarty620N.DiersAvenue,Ste2002020S.AdamsStreet50Hagges'Sub76.0011,400.00461MichaelL.McCarty620N.DiersAvenue,Ste2002020S.AdamsStreet51Hagges'Sub76.0011,400.00 461RomaJ.White2017SAdamsStreet52Hagges'Sub76.0011,400.00461RomaJ.White2017SAdamsStreet53Hagges'Sub76.0011,400.00461NormanP.&ElizabethA.Harrison712HaggeAvenue54Hagges'Sub76.0011,400.00461NormanP.&ElizabethA.Harrison712HaggeAvenue55PTHagges'SubW19'Lot55,Hagges'Sub19.002,850.00461CharlesW.Landgraf,Jr.704HaggeAvenue55PTHagges'SubE57'Lot55,Hagges'Sub57.008,550.00461CharlesW.Landgraf,Jr.704HaggeAvenue56PTHagges'SubW38'Lot56,Hagges'Sub38.005,700.00461ToddA.&KelseyM.Clyne616HaggeAvenue56PTHagges'SubE38'Lot56,Hagges'Sub38.005,700.00461ToddA.&KelseyM.Clyne616HaggeAvenue57Hagges'Sub76.0011,400.00461FoxConstruction,Inc.80PonderosaDrive610HaggeAvenue58Hagges'Sub76.0011,400.00461StephanieR.Williams609HaggeAvenue61Hagges'Sub76.0011,400.00 461RobertP.&BarbaraJ.Fletcher615HaggeAvenue62Hagges'Sub76.0011,400.00461DanielJ.&LisaD.Ruzicka621HaggeAvenue63Hagges'Sub76.0011,400.00461DonaldD.Mehring3421StateStreet,Plaza4703HaggeAvenue64Hagges'Sub76.0011,400.00X76.00461JanelleBrown715HaggeAvenue65Hagges'Sub76.0011,400.00X76.00461JanelleBrown715HaggeAvenue66Hagges'Sub76.0011,400.00X76.00461PreksedaShimek404WoodlandDrive721HaggeAvenue67Hagges'Sub76.0011,400.00X76.00461Dennis&JeanetteSantin2104S.AdamsStreet69Hagges'Sub76.0011,400.00461MarvinL.&PamelaD.Andersen1307HaggeAvenue70Hagges'Sub76.0011,400.00461GeraldD.&JoyceL.Bryant1313HaggeAvenue71Hagges'Sub76.0011,400.00461GeraldD.&JoyceL.Bryant1313HaggeAvenue72Hagges'Sub76.0011,400.00 461WilliamM.&CherylG.Gordon1319HaggeAvenue73Hagges'Sub76.0011,400.00X76.00461WilliamM.&CherylG.Gordon1319HaggeAvenue74PTHagges'SubE1/2Lot74,HaggesSub38.005,700.00X38.00461RodneyL.&MarciaA.Shada1323HaggeAvenue74PTHagges'SubW1/2Lot74,Hagges'Sub38.005,700.00X38.00461RodneyL.&MarciaA.Shada1323HaggeAvenue75Hagges'Sub76.0011,400.00X76.00461LuverneR.&MaryP.Voss1409HaggeAvenue76Hagges'Sub76.0011,400.00461LuverneR.&MaryP.Voss1409HaggeAvenue77PTHagges'SubE1/2Lot77,Hagges'Sub38.005,700.00461ScottM.&AngelaSmith1413HaggeStreet77PTHagges'SubW1/2Lot77,Hagges'Sub38.005,700.00461ScottM.&AngelaSmith1413HaggeStreet78Hagges'Sub76.0011,400.00461JaredM.&JeanM.Loudy1419HaggeAvenue79Hagges'Sub76.0011,400.00461JimmyL.JohnsonandKathleenL.Rall2104S.AugustStreet81Hagges'Sub76.0011,400.00 461BrookeTrimble1509HaggeAvenue82Hagges'Sub76.0011,400.00461CarlosA.&MirnaM.Duran1515HaggeAvenue83Hagges'Sub76.0011,400.00461JamesD.&LisaL.Anderson1523HaggeAvenue84Hagges'Sub76.0011,400.00461MichaelP.&SusieL.Kully1605HaggeAvenue85Hagges'Sub76.0011,400.00461MichaelP.&SusieL.Kully1605HaggeAvenue86PTHagges'SubE1/2Lot86,Hagges'Sub38.005,700.00461SharonR.GravesandStephanieA.Curry604E.SunnybrookDrive1615HaggeAvenue86PTHagges'SubW1/2Lot86,Hagges'Sub38.005,700.00461SharonR.GravesandStephanieA.Curry604E.SunnybrookDrive1615HaggeAvenue87Hagges'Sub76.0011,400.00461GerrodHavelandBrettHavel1621HaggeAvenue88Hagges'Sub76.0011,400.003,952.00582,300.00836.00%ofProtest21.15% Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-288 WHEREAS, Water Main District No. 461 was created by Ordinance No. 9303 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 461 which represented 21.15% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 461, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G36 #2011-289 - Approving Continuation of Water Main District #464 - Antelope Drive - Ordinance #9306 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #464 – Antelope Drive - Ordinance #9306 Item #’s: G-36 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 464 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Antelope Drive. Discussion The proposed project would install a 16” diameter water main and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #464 ended at 5:00 p.m., September 16, 2011. Protests received represented 0% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #464 along Antelope Drive. Sample Motion Move to approve the continuation of Water Main District #464 along Antelope Drive. WMDOwnerNameOwnerAddressRenterAddressLotSubdivision/SectionLegalFrontageSquareFootageForAgainst464RobcoLLCc/oCodyWray2422HighPointCircleWichita,KS672055018AntelopeDrive1WildwoodSub.200.00464RobcoLLCc/oCodyWray2422HighPointCircleWichita,KS672055018AntelopeDrive3WildwoodSub.100.00464Rich&SonsCamperSales5112AntelopeDrive5112AntelopeDrive4WildwoodSub.100.00464Rich&SonsCamperSales5112AntelopeDrive5112AntelopeDrive7WildwoodSub.100.00464Rich&SonsCamperSales5112AntelopeDrive5112AntelopeDrive1HiserSubdivision200.00P.O.Box248Durand,WI464BBREPartnershipP.O.Box248Durand,WI547363334CougarDrive8WildwoodSub.120.05820.050.00%ofProtest0.00% Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-289 WHEREAS, Water Main District No. 464 was created by Ordinance No. 9306 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 464 which represented 0% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 464, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G37 #2011-290 - Approving Continuation of Water Main District #465 - Elk & Cougar Drives - Ordinance #9307 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Continuation of Water Main District #465 – Wildwood Drive, Elk Drive and Cougar Drive - Ordinance #9307 Item #’s: G-37 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 465 was created at the request of area residence to provide municipal water service to the area. The district will serve the properties along Wildwood Drive, Elk Drive and Cougar Drive. Discussion The proposed project would install an 8” and 12” diameter water mains and service lines within the district. The work would be done as an assessment district, which is the Utility Department’s standard method for installing water lines when a petition is received. The eligible construction costs will be charged to the property owners within the district’s boundary. Assessments will be collected over a five year period, at 7% simple interest on the unpaid balance. All owners of record title within the district’s boundary were notified of this information and had 30 days to submit objection to the project. The protest period for District #465 ended at 5:00 p.m., September 16, 2011. Protests received represented 13.99% of the front footage of the district. Since less than 50% of the land owners protested the creation of the district, the district may be continued by Council, per Nebraska Statute, 16.667.01, R.R.S. 1943. Attached for reference is a plat indicating the district’s boundaries and the protests received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council continue Water Main District #465 along Wildwood Drive, Elk Drive, and Cougar Drive. Sample Motion Move to approve the continuation of Water Main District #465 along Wildwood Drive, Elk Drive, and Cougar Drive. WMDOwnerNameOwnerAddressRenterAddressLotSubdivision/SectionLegalFrontageSquareFootageForAgainst465RobcoLLC2422HighPointCircleWichita,KS672055018AntelopeDrive2WildwoodSub.143.00465CodyKrist&RobinTracyWray2422HighPointCircleWichita,KS67205NoAddress14WildwoodSub.100.00465CodyKrist&RobinTracyWray2422HighPointCircleWichita,KS67205NoAddress15WildwoodSub.200.00465BBREPartnershipP.O.Box248Durand,WI54736NoAddress9WildwoodSub.117.74465BBREPartnershipP.O.Box248Durand,WI54736NoAddress10WildwoodSub.100.00465BBREPartnershipP.O.Box248Durand,WI54736NoAddress11WildwoodSub.100.00465Rich&SonsCamperSales5112AntelopeDrive5049ElkDrive12WildwoodSub.100.00465Rich&SonsCamperSales5112AntelopeDrive5049ElkDrive13WildwoodSub.100.00465CharlesD.Bosselman2605ApacheRoad5100&5102ElkDrive18WildwoodSub.100.00465JanetK.Bosselman2605ApacheRoad5130ElkDrive19WildwoodSub.100.00 465JanetK.Bosselman2605ApacheRoad5130ElkDrive20WildwoodSub.100.00465NebraskaTransportCo.,Inc.P.O.Box1646Scottsbluff,NE693635162ElkDrive21WildwoodSub.100576.61X576.61465NebraskaTransportCo.,Inc.P.O.Box1646Scottsbluff,NE693635162ElkDrive22WildwoodSub.111.57*AverageoffrontandbackfootageX465AmericanFreightways,Inc.2200ForwardDriveHarrison,AZ726023391CougarDrive23WildwoodSub.100.00465AmericanFreightways,Inc.2200ForwardDriveHarrison,AZ726023391CougarDrive24WildwoodSub.100.00465AmericanFreightways,Inc.2200ForwardDriveHarrison,AZ726023391CougarDrive25WildwoodSub.100.00465ManProperties,LLC5212AntelopeDrive5212AntelopeDrive25WildwoodSub.100.00465ManProperties,LLC5212AntelopeDrive5212AntelopeDrive26WildwoodSub.100.00465ManProperties,LLC5212AntelopeDrive5212AntelopeDrivePartoftheNE1/4,NE1/4,Section12T10NR10W(400'x218')218.00465JPK&CMAEnterprises,Inc.5018ElkDrive5018ElkDrive1WildwoodSecondSub.210.00 465GMSEnterprises,Inc.4152NorwoodDrive5050ElkDrive2WildwoodSecondSub.189.74465MitchellH.Stauffer,Trustee808W.24thKearney,NE688453344W.WildwoodDr.PartoftheE1/2,SE1/4,Section1T10NR10W1,167.804,122.89576.61%ofProtest13.99% Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-290 WHEREAS, Water Main District No. 465 was created by Ordinance No. 9307 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on September 16, 2011; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 465 which represented 13.99% of the total district front footage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Water Main District No. 465, and such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G38 #2011-291 - Approving Repeal of Water Main District #462 - Chochin Street - Ordinance No. 9304 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Consideration of Repeal of Water Main District #462 – Cochin Street - Ordinance #9304 Item #’s: G-38 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 462 was created at the request of area residents to provide municipal water service to the area. The district would have served the properties along Cochin Street. Discussion Ordinance #9304 provided for creatio n of Water Main District #462. The proposed project would have installed 8” diameter water mains to serve the 11 lots within the district’s boundary. The project was designed as an assessment district, the Utility Department’s standard method for installing water lines at the request of area property owners in developed areas. The district was subject to a 30 day protest period. All owners of record title within the district’s boundary were notified of the creation of the district and advised of the protest provisions. The protest period for Water Main District #462 ended at 5:00 p.m., Friday, September 16, 2011. Protests received represent 62.34% of the front footage of the district. Attached for reference is a plat indicating the district’s boundaries and the protests received. Per Nebraska statute 16.667.01 R.R.S. 1943, if protest is received from property owners representing more than 50% of the front footage in the district, that district may not be continued. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Repeal Ordinance #9304 creating Water Main District #462 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 repeal Ordinance #9304 - Water Main District #462 along Brahma and Bantam Streets. Sample Motion Move to repeal Ordinance #9304 creating Water Main District #462. WMDOwnerNameOwnerAddressRenterAddressLotBlockSubdivision/SectionLegalFrontageSquareFootageForAgainst462JoseFierroAguirre2211CochinStreet732ndAdditiontoHolcomb'sHighwayHomesSub80.0014102.9X80.00462RoyD.&GenevieveB.Fredrickson2219CochinStreet832ndAdditiontoHolcomb'shighwayHomesSub80.0014467.8462BretSmith2223CochinStreet932ndAdditiontoHolcomb'sHighwayHomesSub80.0011102X80.00462RickyL.&JodyJ.Seymour2227CochinStreet1032ndAdditiontoHolcomb'sHighwayHomesSub80.0012449.7X80.00462RickyL.&JodyJ.Seymour2227CochinStreetPT1132ndAdditiontoHolcomb'sHighwayHomesSubN40'ofLot11,2ndAdditiontoHolcomb'sHighwayHomesSub40.006153.3X40.00462VonneF.Wageman2239CochinStreetPT1132ndAdditiontoHolcomb'sHighwayHomesSubS40'ofLot11,2ndAdditiontoHolcomb'sHighwayHomesSub40.005701.3X40.00462VonneF.Wageman2239CochinStreet1232ndAdditiontoHolcomb'sHighwayHomesSub80.0010942.1X80.00462StevenM.&BrendaK.Steinhauser2232CochinStreet9ReSubofBlock4,2ndAdditiontoHolcomb'sHighwayHomesSub(seeattached)0.007,625.1'(includesfraction)X0.00462StevenM.&BrendaK.Steinhauser2232CochinStreetPT11ReSubofBlock4,2ndAdditiontoHolcomb'sHighwayHomesSub(seeattached)101.50X101.50462StevenM.&BrendaK.Steinhauser2232CochinStreetPT12ReSubofBlock4,2ndAdditiontoHolcomb'sHighwayHomesSub(seeattached)0.00X0.00 462CatherinaW.SalinasandClaudiaMadagame11884RTlurodaStreet2228CochinStreet122ndAdditiontoHolcomb'sHighwayHomesSubExceptportion(seeattached)101.5015,236.1'(includesfraction)462HousingDevelopmentCorp.301SouthBurlingtonAvenue2226CochinStreet132ndAdditiontoHolcomb'sHighwayHomesSub101.5016,008.5'(includesfraction)462Frac142ndAdditiontoHolcomb'sHighwayHomesSub(seeattached)20.00804.50501.50%ofProtest62.34% Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney *This Space Reserved for Register of Deeds* R E S O L U T I O N 2011-291 WHEREAS, Water Main District No. 462 was created by Ordinance No. 9304 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 462 by abutting property owners representing 62.34% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests have been filed with the City Clerk against the creation of Water Main District No. 462, and such district shall not be continued and the ordinance which created said district shall be repealed. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G39 #2011-292 - Approving Repeal of Water Main District #463 - Bantam & Brahma Streets - Ordinance #9305 Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Tim Luchsinger City of Grand Island City Council Council Agenda Memo From: Timothy Luchsinger, Utilities Director Meeting: September 27, 2011 Subject: Consideration of Repeal of Water Main District #463 – Brahma & Bantam Streets - Ordinance #9305 Item #’s: G-39 Presenter(s): Timothy Luchsinger, Utilities Director Background Water Main District 463 was created at the request of area residents to provide municipal water service to the area. The district would have served the properties along Brahma and Bantam Streets. Discussion Ordinance #9305 provided for creation of Water Main District #463. The proposed project would have installed 8” diameter water mains to serve the 21 lots within the district’s boundary. The project was designed as an assessment district, the Utility Department’s standard method for installing water lines at the request of area property owners in developed areas. The district was subject to a 30 day protest period. All owners of record title within the district’s boundary were notified of the creation of the district and advised of the protest provisions. The protest period for Water Main District #463 ended at 5:00 p.m., Friday, September 16, 2011. Protests received represent 58.70% of the front footage of the district. Attached for reference is a plat indicating the district’s boundaries and the protests received. Per Nebraska statute 16.667.01 R.R.S. 1943, if protest is received from property owners representing more than 50% of the front footage in the district, that district may not be continued. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Repeal Ordinance #9305 creating Water Main District #463 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 repeal Ordinance #9305 - Water Main District #463 along Brahma and Bantam Streets. Sample Motion Move to repeal Ordinance #9305 creating Water Main District #463. WMDOwnerNameOwnerAddressRenterAddressLotBlockSubdivision/SectionLegalFrontageSquareFootageForAgainst463DanielC.&KassieL.Morse2111BantamStreet412ndAdditiontoHolcomb'sHighwayHomesSub80.008,816.00X463JohnE.Janssen2123BantamStreet512ndAdditiontoHolcomb'sHighwayHomesSub80.009,172.90463BrendaJ.Hawley2203BantamStreet612ndAdditiontoHolcomb'sHighwayHomesSub80.0010,113.60X80.00463BrendaJ.Hawley2203BantamStreetPT712ndAdditiontoHolcomb'sHighwayHomesSubN1/2Lot7,Block1,2ndAdditiontoHolcomb'sHighwayHomesSub40.005,442.80X40.00463TedJ.Robb2811SouthLocustStreet2211BrahmaStreetPT712ndAdditiontoHolcomb'sHighwayHomesSubS1/2Lot7,Block1,2ndAdditiontoHolcomb'sHighwayHomesSub40.005,764.30463TedJ.Robb2811SouthLocustStreet812ndAdditiontoHolcomb'sHighwayHomesSub91.8013,563.00463CarlosAlarconandDelfinaAlarconVelez2223BrahmaStreet912ndAdditiontoHolcomb'sHighwayHomesSub75.009,331.00X75.00463ConnieM.Rookstool2121BrahmaStreet622ndAdditiontoHolcomb'sHighwayHomesSub113.704,525.80X113.70463ConnieM.Rookstool2121BrahmaStreetPT722ndAdditiontoHolcomb'sHighwayHomesSubW65'Lot7,Block2,2ndAdditiontoHolcomb'sHighwayHomesSub65.005,799.60X65.00463JohnC.&StephanieL.Hansen2135BrahmaStreetPT722ndAdditiontoHolcomb'sHighwayHomesSubE10'Lot7,Block2,2ndAdditiontoHolcomb'sHighwayHomesSub10.001,003.20X10.00 463JohnC.&StephanieL.Hansen2135BrahmaStreet822ndAdditiontoHolcomb'sHighwayHomesSub75.009,470.50X75.00463StevenM.&CynthiaJ.Mason2216BrahmaStreet1732ndAdditiontoHolcomb'sHighwayHomesSub85.0012,821.30X85.00463StevenM.&CynthiaJ.Mason2216BrahmaStreetPT1832ndAdditiontoHolcomb'sHighwayHomesSubS20'Lot18,Block3,2ndAdditiontoHolcomb'sHighwayHomesSub20.002,484.00X20.00463AlanJ.&JulieHayman2208BrahmaStreetPT1832ndAdditiontoHolcomb'sHighwayHomesSubN65'Lot18,Block3,2ndAdditiontoHolcomb'sHighwayHomesSub65.007,664.70X65.00463AlanJ.&JulieHayman2208BrahmaStreetPT1932ndAdditiontoHolcomb'sHighwayHomesSubS65'Lot19,Block3,2ndAdditiont5oHolcomb'sHighwayHomesSub65.007,357.80X65.00463NicholasO.&DianeK.Boyd2134BrahmaStreetPT1932ndAdditiontoHolcomb'sHighwayHomesSubN20'Lot19,Block3,2ndAdditiontoHolcomb'sHighwayHomesSub20.002,849.90X20.00463NicholasO.&DianeK.Boyd2134BrahmaStreet2032ndAdditiontoHolcomb'sHighwayHomesSub85.0013,904.12X85.00463KentC.&DiannaL.Orr2114BrahmaStreet2332ndAdditiontoHolcomb'sHighwayHomesSub50.5010,444.80X50.50463KentC.&DiannaL.Orr2114BrahmaStreet2432ndAdditiontoHolcomb'sHighwayHomesSub45.208,634.40X45.20463NinaR.Smith2203BrahmaStreetA2ndAdditiontoHolcomb'sHighwayHomesSubReplatofLots913,Block2,2ndAdditiontoHolcomb'sHighwayHomesSub75.0010,621.50X75.00 463RobertC.Merrick,Jr.2124BantamStreetB2ndAdditiontoHolcomb'sHighwayHomesSubReplatofLots913,Block2,2ndAdditiontoHolcomb'sHighwayHomesSub395.7012,574.90463BarbaraA.Fowle2110BantamStreetC2ndAdditiontoHolcomb'sHighwayHomesSubReplatofLots913,Block2,2ndAdditiontoHolcomb'sHighwayHomesSub80.607,602.70X80.60463JamesE.&WilmaM.Zahm2118BrahmaStreet222ndAdditiontoHolcomb'sHighwayHomesSub47.807,602.70X47.80463HallCountyHousingAuth.2122BrahmaStreet212ndAdditiontoHolcomb'sHighwayHomesSub85.007,602.70TOTAL1,870.30179,962.821,097.80%ofProtest58.70% Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney *This Space Reserved for Register of Deeds* R E S O L U T I O N 2011-292 WHEREAS, Water Main District No. 463 was created by Ordinance No. 9305 on August 9, 2011; and WHEREAS, notice of the creation of such water district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that is the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within 30 days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, protests were filed with the City Clerk against the creation of Water Main District No. 463 by abutting property owners representing 58.70% of the total district frontage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that sufficient protests have been filed with the City Clerk against the creation of Water Main District No. 463, and such district shall not be continued and the ordinance which created said district shall be repealed. - - - - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G40 #2011-293 - Approving Maintenance Consent Letter for Public Road Crossing with Union Pacific Railroad Company at the Oak Street and Pine Street Crossings Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: John Collins, Public Works Director City of Grand Island City Council Council Agenda Memo From: Scott Griepenstroh, PW Project Manager Meeting: September 27, 2011 Subject: Approving Maintenance Consent Letter for Public Road Crossing with Union Pacific Railroad Company at the Oak Street and Pine Street Crossings Item #’s: G-40 Presenter(s): John Collins, Public Works Director Background The purpose of the Grand Island Quiet Zone Improvement Project, Phase I is to construct improvements at the Union Pacific Railroad (UPRR) crossings at Oak Street, Pine Street, Walnut Street and Elm Street so that train horns will not need to be activated for these crossings. “Silent” crossings will be created at Oak Street and Pine Street by constructing concrete medians and concrete curb to narrow the streets at the crossing approaches. Walnut Street will have a Wayside Horn System installed and concrete curb will be constructed to narrow the street. The crossing at Elm Street will be closed after improvements are completed at the other crossings. Discussion The UPRR requires a Maintenance Consent Letter for Public Road Crossing be signed in connection with the Quiet Zone project at the Oak Street and Pine Street crossings. This letter states the City’s intention is to construct center medians in the approaches to the existing at-grade public road crossings, and also serves as acceptance of the proposed work to be performed. The Maintenance Consent Letter also states the City’s responsibilities with the Contractor for the Quiet Zone project. The letter is attached for reference. The contract for the Grand Island Quiet Zones Improvement Project was awarded to the Diamond Engineering Company at the September 13 Council Session. Public Works and Diamond Engineering are currently working to obtain clearances to begin work on UPRR right-of-way. A subsequent change order will be processed to incorporate the “Special Provisions Relating to Work on Union Pacific Railroad’s Property” for Pine Street and Oak Street crossings as required by the Maintenance Consent Letter. 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 resolution authorized the Mayor to sign the Maintenance Consent Letter For Public Road Crossing between the Union Pacific Railroad Company and the City of Grand Island. Sample Motion Move to approve the resolution. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-293 WHEREAS, the Union Pacific Railroad Company (UPRR) requires a Maintenance Consent Letter For Public Road Crossing with the City of Grand Island, in connection with the Quiet Zone project; and WHEREAS, the letter states the City’s intention is to construct center medians in the approaches to the existing Oak Street and Pine Street at-grade crossings; and WHEREAS, the letter serves as acceptance of the proposed work to be performed, and WHEREAS, the letter also states the City’s responsibilities with the Contractor; and WHEREAS, the Council has reviewed the letter and has determined that it is in its best interest for the City to sign the letter in the attached form. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to sign the attached Maintenance Consent Letter For Public Road Crossing between the City of Grand Island and the Union Pacific Railroad Company. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I1 #2011-294 - Consideration of Approving Funding of Economic Development Request Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Council Agenda Memo From: Mary Lou Brown , City Administrator Meeting: September 27, 2011 Subject: Approving Economic Development Funding Request Item #’s: I-1 Presenter(s): Mary Lou Brown , City Administrator Background On July 22, 2003, the City Council approved Ordinance No.8830 adopting an Economic Development Program for the City of Grand Island in conformance with Neb. Rev. Stat. 18-2710. This provides for annual funding of $750,000 by the City. Discussion A request has been received from the Grand Island Area Economic Development Corporation, duly approved by the Citizen’s Review Committee for payment of $350,000. Said funds to be used for operating expenses, community publicity, and promotion. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for funds. 2. Disapprove or Deny the request for funds. 3. Modify the Resolution to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the request for funds. Sample Motion Move to approve the request for funds to allow payment of $350,000 to the Grand Island Area Economic Development Corporation. Approved as to Form ¤ ___________ September 21, 2011 ¤ City Attorney R E S O L U T I O N 2011-294 WHEREAS, on July 22, 2003, by Ordinance No. 8830, the Grand Island City Council approved and adopted an Economic Development Program for the City of Grand Island prepared in conformity with Neb. Rev. Statute No. 18-2710; and WHEREAS, such program was amended on August 12, 2003, by Ordinance No. 8832; and WHEREAS, the program provides for $750,000 in annual funding to be provided by the City of Grand Island; and WHEREAS, a request has been made by the Grand Island Area Economic Development Corporation and the Economic Development Program’s Citizens Review Committee for the payment of $350,000 to be used for operating expenses, community publicity and promotion. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is given to forward $350,000 in City funding to the Grand Island Area Economic Development Corporation in accordance with the Economic Development Program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item I2 #2011-295 - Consideration of Approving Jaye Monter as Interim Finance Director Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Mayor Jay Vavricek Meeting: September 27, 2011 Subject: Mayoral Recommendation for Interim Appointment of City Treasurer/Finance Director Item #’s: I-2 Presenter(s): Mayor Jay Vavricek Background State Statute and Grand Island City Code specifies the need to designate a City Treasurer/Finance Director within the Finance Department of the City of Grand Island. As you are all aware, City Administrator, Mary Lou Brown has been managing both positions in Administration and Finance. A search for a new Finance Director commenced last April without a successful conclusion. In addition, there was a recommendation made by Administrator Brown to restructure the management team and not fill the Finance Director position and instead combine those duties with that of an Assistant City Administrator. The search for a new Finance Director was put on hold until a decision was made by the City Council through the budget process for approval. The Council did not approve the new position. As such, it is time to make a recommendation in order to maintain the on going work of the Finance Department. Jaye Monter has been identified as a capable replacement with 11 years of experience in the City Finance Department. She is currently employed with the City as a Senior Accountant. Discussion Jaye received a Bachelor of Science Degree in Comprehensive Business Administration with an emphasis in Accounting and Finance from Kearney State College. She has 27 years of experience in finance and accounting. Jaye started her career in public accounting with a small firm in Colorado. There she obtained her Certified Public Accountant’s License. After public accounting, her career moved to various private industries where she worked as a Controller. She was hired at the City as an Accountant in September of 2000. She was reclassified to the position of Senior Accountant in 2003. In her current position, she prepares, analyzes and interprets financial statements and accounting records for the City of Grand Island, Community Redevelopment Authority and Business Improvement Districts. She has showed strong leadership in the Finance Department and provided Administrator Brown with a high level of assistance through the budget process. Therefore, I am confident she has the education and previous experience, and as a valued employee within the Finance Department, I am certain this recommendation is in the best interests of the effectiveness of the department. Ms. Monter will be placed in step 3 of the Finance Director pay scale in accordance with the City Personnel Rules and Regulations which is $81,851.68 annually. In October a new 15 step pay scale will be implemented for non-union employees and Ms. Monter will be placed in the next closest step that does not reduce her wages. The new step would be step 5 which is $83,274.10. The interim appointment meets the guidelines under State law and Grand Island City Code and will best serve the people of Grand Island. Ms. Monter’s appointment will be effective September 28, 2011 with Council approval. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council appointment of Jaye Monter as Interim City Treasurer/Finance Director. Sample Motion Move to approve Jaye Monter as Interim City Treasurer/Finance Director. Approved as to Form ¤ ___________ September 22, 2011 ¤ City Attorney R E S O L U T I O N 2011-295 WHEREAS, under Neb. Rev. Stat., §16-308 and City Code, 2 – 30, the office of City Treasurer/Finance Director for the City of Grand Island, Nebraska, is an appointed position; and WHEREAS, the Mayor, with the approval of the City Council, may appoint the position of City Treasurer/Finance Director; and WHEREAS, the position will become vacant and an interim appointment may be made; and WHEREAS, the Mayor has recommended the appointment of Jaye Monter as the Interim City Treasurer/Finance Director effective September 28, 2011 until such time as another appointment is made: and WHEREAS, Ms. Monter will be compensated at step three of the current Finance Director pay scale and then effective October 10, 2011 she will be compensated at step 5 of the new Finance Director pay scale during the interim in compliance with the City Personnel Rules. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Jay Monter is hereby duly appointed the Interim City Treasurer/Finance Director for the City of Grand Island, Nebraska, - - - Adopted by the City Council of the City of Grand Island, Nebraska, and September 27, 2011. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of September 13, 2011 through September 27, 2011 The Claims for the period of September 14, 2011 through September 27, 2011 for a total amount of $4,858,066.72. A MOTION is in order. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mary Lou Brown City of Grand Island City Council Item X1 Update Concerning Union Negotiations for IBEW - (Utilities, Finance, and Wastewater) The City Council may vote to go into Executive Session as required by State law to discuss IBEW (Utilities, Finance, and Wastewater) Union Negotiations for the protection of the public interest. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Item X2 Discussion Concerning Annual Job Performance Review of City Administrator Mary Lou Brown The City Council may vote to go into Executive Session as required by State law to discuss the annual job performance review of City Administrator Mary Lou Brown. The reason for an Executive Session if for the prevention of needless injury to the reputation of the City Administrator. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item X3 Discussion Concerning Possible Litigation The City Council may vote to go into Executive Session as required by State law to discuss possible litigation for the protection of the public interest. Tuesday, September 27, 2011 Council Session City of Grand Island Staff Contact: Bob Sivick City of Grand Island City Council