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11-09-2004 City Council Regular Meeting PacketCity of Grand Island Tuesday, November 09, 2004 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. /Invocation - Pastor Frank Schneider, Immanuel Baptist Church, 1816 North Custer Avenue MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Proclamation "American Education Week" November 15-19, 2004 Public Schools are the backbone of our democracy, equipping young Americans with both practical skills and broader intellectual abilities for hope of a productive future. Education employees work tirelessly to serve our children and communities with care and professionalism. The Mayor has proclaimed November 15-19, 2004 as "American Education Week" and encourages citizens to observe this week by supporting our public schools, its young people, and education employees. See attached PROCLAMATION. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, public schools are the backbone of our democracy, providing young people with the tools they need to maintain our nation’s precious values of freedom, civility and equality; and WHEREAS, by equipping young Americans with both practical skills and broader intellectual abilities, schools give them hope for, and access to a productive future; and WHEREAS, education employees – be they custodians or teachers, bus drivers or librarians – work tirelessly to serve our children and communities with care and professionalism; and WHEREAS, schools are community linchpins, bringing together adults and children, educators and volunteers, business leaders and elected officials in a common enterprise. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim November 15-19, 2004 as “AMERICAN EDUCATION WEEK” in the City of Grand Island, and urge all citizens to observe this week by supporting our public schools, its young people and education employees. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this ninth day of November in the year of our Lord Two Thousand and Four. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item C2 Proclamation "Veterans Appreciation Week" November 8-14, 2004 We want to recognize those Veterans who have served or are serving our country not only on November 11, 2004 Veterans Day, but throughout the year. It is important to honor those Veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. The Mayor has proclaimed the week of November 8-14, 2004 as "Veterans Appreciation Week" and encourages all citizens to recognize the importance of our Veterans. See attached PROCLAMATION. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, “Veterans Day” honors men and women who have served in the United States armed services; and WHEREAS, November 11, 1918, marked the cessation of World War I and in 1919, President Woodrow Wilson proclaimed November 11 as Armistice Day to remind Americans of the tragedies of war; and WHEREAS, on June 1, 1954, Congress changed the holiday’s name to “Veterans Day” to honor all United States veterans; and WHEREAS, Veterans have served our country with distinction, fought valiantly to promote peace, put their civilian lives on hold to defend our democratic principles, and have served in ways we cannot begin to understand; and WHEREAS, it is important to honor those Veterans for their patriotism, love of country, and willingness to serve and sacrifice for the common good. NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island, Nebraska, do hereby proclaim the week of November 8-14, 2004 as “VETERANS APPRECIATION WEEK” in the City of Grand Island, and encourage all citizens to recognize the importance of our Veterans during the week of November 8-14 and by observing Veterans Day on November 11, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this ninth day of November in the year of our Lord Two Thousand and Four. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 for a Class "I" Liquor License Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2004 Subject: Public Hearing on Request of Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 for a Class “I” Liquor License Item #’s: E-1 & G-4 Presenter(s): RaNae Edwards, City Clerk Background Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcoholic beverages on sale only within the corporate limits of the City of Grand Island. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 for a Class “I” Liquor License. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 for a Class “I” Liquor License. Item E2 Public Hearing on Request of Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road for a Class "D" Liquor License Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2004 Subject: Public Hearing on Request of Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road for a Class “D” Liquor License Item #’s: E-2 & G-5 Presenter(s): RaNae Edwards, City Clerk Background Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road ha ve submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcoholic beverages off sale only within the corporate limits of the City of Grand Island. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. The building is currently under construction, so approval is recommended contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road for a Class “D” Liquor License contingent upon final inspections. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road for a Class “D” Liquor License contingent upon final inspections. Item E3 Public Hearing on Request of Hi Brand G.I. dba Old Chicago, 3404 West 13th Street for a Class "I" Liquor License Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2004 Subject: Public Hearing on Request of Hi Brand G.I., Inc. dba Old Chicago, 3404 West 13th Street for a Class “I” Liquor License Item #’s: E-3 & G-6 Presenter(s): RaNae Edwards, City Clerk Background Hi Brand G.I., Inc. dba Old Chicago, 3404 West 13th Street has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcoholic beverages on sale only within the corporate limits of the City of Grand Island. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Building, Fire, Health, and Police Departments. The building is currently under construction so approval is recommended contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request for Hi Brand G.I., Inc. dba Old Chicago, 3404 West 13th Street for a Class “I” Liquor License. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Hi Brand G.I., Inc. dba Old Chicago, 3404 West 13th Street for a Class “I” Liquor License contingent upon final inspections. Item E4 Public Hearing on Acquisition of Utility Easement - 850 Allen Drive - Platte Valley State Bank Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 9, 2004 Subject: Acquisition of Utility Easement – 850 Allen Drive – Platte Valley State Bank & Trust Company Item #’s: E-4 & G-9 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of Platte Valley State Bank and Trust Company, located at 850 Allen Drive, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place high voltage underground cables and a pad-mounted transformer to serve the new bank. 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 I make a motion to approve acquisition of the Utility Easement. Item E5 Public Hearing on Acquisition of Utility Easement - Hall County Livestock Improvement Association Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Robert H. Smith, Asst. Utilities Director Meeting: November 9, 2004 Subject: Acquisition of Utility Easement – Hall County Livestock Improvement Association – West Edge of Fonner Park Parking Lot from Fonner Park Road to Stolley Park Road Item #’s: E-5 & G-10 Presenter(s): Gary R. Mader, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire an easement relative to the property of the Hall County Livestock Improvement Association, located along the west edge of Fonner Park parking lot from Fonner park Road to Stolley Park Road, 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 addition of the new Heartland Events Center building will require the relocation of electric and water lines. This easement will be used to locate those new lines away from the construction area. 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 E6 Public Hearing on Acquisition of Real Estate - 1216 West 2nd Street - Grand Island Public Library Foundation, Inc. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: November 9, 2004 Subject: Public Hearing on Acquisition of Real Estate Located at 1216 West Second Street, Grand Island, Nebraska and Approving Acquisition of Real Estate Located at 1216 West Second Street, Grand Island, Nebraska Item #’s: E-6 & G-13 Presenter(s): Douglas R. Walker, City Attorney Background Nebraska State Statutes require that the acquisition of property must be approved by the City Council. The public hearing for the acquisition of this property is being done to meet the requirements of Neb. Rev. Stat., §18-1755 and Neb. Rev. Stat., §25-2505. Subsequent to the public hearing, Item G-12 will be for approval for acquisition of this property. Discussion The Grand Island Library Foundation has begun acquiring property in the block west of the city library for use in expanding the library facility. At several prior meetings of the City Council, including the meeting on October 19, 2004, presentations were made by the Library Board regarding plans for expanding the city library to the west of the current facility. This expansion will necessitate the acquisition of property in the block west of the current library building to accommodate the expansion and to provide parking for the enlarged facility. The Foundation has committed to purchase some of the property in the block west of the library to help facilitate the expansion. The property which is the subject of this public hearing is in the southwest corner of that block. The Library Foundation has acquired this property and is donating it to the City of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Pass a resolution approving the acquisition of this real estate. 2. Do not pass a resolution approving the acquisition of the real estate. 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 real estate as set forth above. Sample Motion Motion to approve the acquisition of the real estate located at 1216 West Second Street and described as Lots 5 and 6, Block 2, Spaulding and Gregg’s Addition to the City of Grand Island, Nebraska. Item E7 Public Hearing on Acquisition of Real Estate - Lot 1, Heartland Event Center First Subdivision - Fonner Park Exposition and Events Center, Inc. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: November 9, 2004 Subject: Public Hearing on Acquisition of Real Estate Described as Lot 1, Heartland Event Center First Subdivision and Approving Acquisition of Real Estate Described as Lot 1, Heartland Event Center, First Subdivision Item #’s: E-7 & G-14 Presenter(s): Douglas R. Walker, City Attorney Background Nebraska State Statutes require that the acquisition of property must be approved by the City Council. The public hearing for the acquisition of this property is being done to meet the requirements of Neb. Rev. Stat., §18-1755 and Neb. Rev. Stat., §25-2505 (to the extent applicable). Subsequent to the public hearing, Item G-14 will be for approval for acquisition of this property. Discussion As part of the Lease Purchase Agreement between the City of Grand Island and Fonner Park Exposition and Event Center, Inc., the city is to receive the tract of real estate west of the Fonner Park grandstand on which the Heartland Event Center will be constructed. The city will be receiving equitable title to this real estate during the period in which the lease/purchase payments are made. Once all of these payments have been made the city will receive full legal title. A public hearing is required when a municipality acquires real estate; therefore, this matter was scheduled for a public hearing and for a resolution approving the acquisition of this real estate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Pass a resolution approving the acquisition of this real estate. 2. Do not pass a resolution approving the acquisition of the real estate. 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 real estate as set forth above. Sample Motion Motion to approve the acquisition of the real estate described as Lot 1, Heartland Event Center, First Subdivision, Grand Island, Hall County, Nebraska. Item F1 #8940 - Consideration of Amending Chapter 15 of the Grand Island City Code Relative to Electric Utility Rates Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: November 9, 2004 Subject: Electric Utility Rate Revisions Item #’s: F-1 Presenter(s): Gary R. Mader, Utilities Director Background The last rate increase in the Electric Department was in 1980. In that intervening period the City has enjoyed an unusually stable period of electric costs due to a number of factors including steady city load growth, low inflation rates, and stable fuel prices nationally, particularly coal and natural gas. But over the last few years, that stable environment has changed. As was discussed at last year’s Electric Budget hearings and more recently by the Utility Auditors, the Electric Utility financial reports have shown a general down trend in the financial position of that utility for over a year. From December ’02 to December ’03, the department’s reserves have been reduced by 26%. The reduction occurred during a period of relatively normal operations and capital improvements. Department staff began analyzing the source of the decline and now believes that it is directly attributable to increased energy costs for production; fuel costs and purchase power costs. The following indicate the state of these factors; · Delivered coal costs have increased 14% since December ‘02 and are expected to firm up at that or a higher level. · Natural gas prices are extremely volatile but on average, have approximately tripled in the last two years. · Oil prices have increased sharply and OPEC continues production limits. Electric energy markets have reflected the aforementioned source fuel price increases. The attached graphs illustrate the history of the department’s energy costs. For most of the last 15 years (Graph #1), production costs, while very variable on a month to month basis, did, on average, remain fairly steady through 1999 (Graph #2). The historical high peaks are periods when PGS has been down for maintenance and the old gas fired steam units and power purchases were used to meet City electric demand. But in 2000, the volatility of pricing increased and there began a general uptrend in the average costs (Graph #3), with average production costs ramping up approximately 40% from 2000 to 2003. Department staff believes that this is a trend in the industry rather than a “blip” on the radar. This view is shared by other of the state’s electric utilities who have had rate increases in the last two years; including OPPD, NPPD, Lincoln, Hastings and others. As a result of the declining financial condition of the Electric Utility, an economic evaluation was begun in May, 2004. The firm of Stanley Consultants was commissioned to conduct the study working closely with Electric Department Staff. The Study concludes that it is necessary to increase Electric Department revenue to maintain that Department. The results of that analysis were presented at the City Council Study Session of October 5, 2004. Discussion In accordance with the Economic Evaluation and Rate Revision Report of October 5, 2004, an ordinance has been prepared to implement the electric rate changes needed to maintain the financial position of the Electric Department. The Ordinance makes the necessary changes to Chapter 15, Electricity, to implement the proposed rate change in two increments with each providing for revenue increases of approximately 5% in calendar years 2005 and 2006. The rate changes would become effective on January 1st of each year. The Rate Revision Report also called for a 3% revenue increase in the 2008 time frame. Since that projected need is several years future, it is not included in the proposed ordinance as economic conditions can change over that time frame. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommended electric rate changes for 2005 and 2006 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 implementation of the electric rate changes in 2005 and 2006 as included in Ordinance #8940. Sample Motion Move to approve Ordinance #8940 to implement electric rate changes in 2005 and 2006. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney ORDINANCE NO. 8940 An ordinance to amend Chapter 15 of the Grand Island City Code to apply new utility rates for calendar year 2005 and further updated utility rates beginning calendar year 2006; to amend Section 15-55 pertaining to utility rates for 010 Residential Service; to amend Section 15-57 pertaining to utility rates for 030 Single-Phase Commercial Service; to amend Section 15-60 pertaining to utility rates for 050 Three-Phase Commercial Service; to amend Section 15-63 pertaining to utility rates for 100 Three-Phase Power Service; to amend Section 15-68 pertaining to utility rates for 114 Area Floodlighting; to amend Section 15-69 pertaining to contract period and conditions for non-standard installation; to amend Section 15-70 pertaining to power fuel cost adjustments; to amend Section 15-71 pertaining to Interdepartmental Rates; to delete Section 15-72 pertaining to Interdepartmental Rate 110; to delete Section 15-73 pertaining to Interdepartmental Utility Accounts; to amend Section 15-74 pertaining to interdepartmental streetlight Rate 116; to delete Section 15-75 pertaining to Burdick Station Rate; to change all references of Fuel Adjustment to Power Adjustment; to repeal Sections 15-55, 15-57, 15-60, 15- 63, 15-68, 15-69, 15-70, 15-71, 15-72, 15-73, 15-74 and 15-75 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 15-55 of the Grand Island City Code is hereby amended to read as follows: §15-55. 010 Residential Service Applicable in urban and rural distribution areas. Available at single phase, through a single meter, to residential consumers for domestic use in a single dwelling unit; but is not available for commercial or non-domestic use. ORDINANCE NO. 8940 (Cont.) - 2 - Individual single -phase motors, not to exceed 10 HP each, may be connected; however, the City Utilities Department must be notified in writing, if a motor over 5 HP is installed. This schedule has two sets of rates: one for the summer period of five months, beginning with the June billing; and the second for the winter season of seven months, beginning with the November billing. Summer Rate for Calendar Year 2005 Kilowatt-Hours Used Per Month (June - October) First 300 KWH………………………………………. $0.074 per KWH $0.071 per KWH Next 700 KWH……………………………………… $0.049 per KWH $0.046 per KWH All additional KWH…………………………………. $0.055 per KWH $0.053 per KWH Plus a customer charge of $5.00 $1.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. The minimum monthly bill shall be $5.00 $4.00 prior to the Power Fuel Adjustment. Summer Rate Beginning Calendar Year 2006 Kilowatt-Hours Used Per Month (June - October) First 300 KWH………………………………………. $0.077 per KWH Next 700 KWH……………………………………… $0.052 per KWH All additional KWH…………………………………. $0.059 per KWH Plus a customer charge of $5.00 $1.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. The minimum monthly bill shall be $5.00 $4.00 prior to the Power Fuel Adjustment. Winter Rate for Calendar Year 2005 Kilowatt-Hours Used Per Month (November - May) First 300 KWH………………………………………. $0.074 per KWH $0.071 per KWH Next 700 KWH……………………………………… $0.049 per KWH $0.046 per KWH Additional KWH…………………………………….. $0.029 per KWH $0.027 per KWH Plus a customer charge of $5.00 $1.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. The minimum monthly bill shall be $5.00 $4.00 prior to the Power Fuel Adjustment. Winter Rate Beginning Calendar Year 2006 Kilowatt-Hours Used Per Month (November - May) First 300 KWH………………………………………. $0.077 per KWH Next 700 KWH……………………………………… $0.052 per KWH Additional KWH…………………………………….. $0.031 per KWH Plus a customer charge of $5.00 $1.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. The minimum monthly bill shall be $5.00 $4.00 prior to the Power Fuel Adjustment. ORDINANCE NO. 8940 (Cont.) - 3 - SECTION 2. Section 15-57 of the Grand Island City Code is hereby amended to read as follows: §15-57. 030 Single-Phase Commercial Service Applicable in urban and rural distribution areas. Available for commercial customers, for lighting and small appliances. Available for single meter apartment units, and combined residential-commercial use, where the Residential Rate is not applicable. Service shall be through a single meter. Individual single -phase motors, not to exceed 10 HP each, may be connected; however, the City Utilities Department must be notified in writing, if a motor over 5 HP is installed. Kilowatt-Hours Used Per Month Rates - 2005 Calendar Year Rates Beginning 2006 Calendar Year First 350 KWH……………………………………. $0.080 per KWH $0.074 per KWH $0.082 per KWH Next 650 KWH……………………………………. $0.070 per KWH $0.063 per KWH $0.072 per KWH Next 1,500 KWH………………………………….. $0.064 per KWH $0.057 per KWH $0.066 per KWH Next 2,500 KWH………………………………….. $0.060 per KWH $0.053 per KWH $0.062 per KWH Next 5,000 KWH………………………………….. $0.053 per KWH $0.047 per KWH $0.056 per KWH Over 10,000 KWH………………………………... $0.050 per KWH $0.045 per KWH $0.053 per KWH Plus a customer charge of $7.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. The minimum monthly bill shall be $7.00 prior to the Power Fuel Adjustment. SECTION 3. Section 15-60 of the Grand Island City Code is hereby amended to read as follows: §15-60. 050 Three-Phase Commercial Service Applicable in the territory served by the City of Grand Island; and is available through a single meter at three phase, for any electric service uses where three-phase service is available. This schedule has two sets of rates: one for the summer period of five months, beginning with the June billing; and the second for the winter season of seven mo nths, beginning with the November billing. Summer Rate for Calendar Year 2005 Kilowatt-Hours Used Per Month (June - October) First 1,000 KWH………………………… $0.075 per KWH $0.067 per KWH Next 1,500 KWH………………………... $0.068 per KWH $0.060 per KWH Next 2,500 KWH………………………... $0.064 per KWH $0.056 per KWH Next 15,000 KWH………………………. $0.058 per KWH $0.051 per KWH Over 20,000 KWH………………………. $0.055 per KWH ORDINANCE NO. 8940 (Cont.) - 4 - $0.048 per KWH Plus a customer charge of $10.00 $7.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. Summer Rate Beginning 2006 Calendar Year Kilowatt-Hours Used Per Month (June - October) First 1,000 KWH………………………… $0.079 per KWH Next 1,500 KWH………………………... $0.071 per KWH Next 2,500 KWH………………………... $0.067 per KWH Next 15,000 KWH………………………. $0.061 per KWH Over 20,000 KWH………………………. $0.058 per KWH Plus a customer charge of $10.00 $7.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. Winter Rate for Calendar Year 2005 Kilowatt-Hours Used Per Month (November - May) First 500 KWH…………………………... $0.075 per KWH $0.067 per KWH Next 1,000 KWH………………………... $0.068 per KWH $0.060 per KWH Next 2,500 KWH………………………... $0.055 per KWH $0.048 per KWH Over 4,000 KWH………………………... $0.052 per KWH $0.045 per KWH Plus a customer charge of $10.00 $7.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. Winter Rate Beginning 2006 Calendar Year Kilowatt-Hours Used Per Month (November - May) First 500 KWH…………………………... $0.079 per KWH Next 1,000 KWH………………………... $0.071 per KWH Next 2,500 KWH………………………... $0.058 per KWH Over 4,000 KWH………………………... $0.055 per KWH Plus a customer charge of $10.00 $7.00 per month, in addition to that charged for the electrical energy used, plus the applicable Power Fuel Adjustment charge. Minimum The minimum monthly charge shall be no less than $10.00. $7.00. The minimum shall in no event be less than $0.70 per month per connected horsepower. The billing horsepower shall be determined as follows: 1. Total connected horsepower, if total connected horsepower is less than 20 HP. 2. If total connected horsepower exceeds 20 HP, then the billing horsepower shall be the larger of 20 HP, or the largest single connected motor. 3. If questions arise as to the actual billing horsepower, the City Utilities Department may, at its option, install demand meters. The Kilowatt reading shall determine the billing horsepower on the basis of 0.75 Kilowatt = 1.0 HP. It is the responsibility of the customer, to inform the City Utilities Department of changes that may effect minimum billings. ORDINANCE NO. 8940 (Cont.) - 5 - SECTION 4. Section 15-63 of the Grand Island City Code is hereby amended to read as follows: §15-63. 100 Three-Phase Power Service Applicable in the territory served by the City of Grand Island, available through a single meter at three phase. Available for any commercial or industrial use of energy. Calendar Beginning 2006 Year 2005 Calendar Year Demand Charge $8.00 $7.00 $8.50 per KW of billing demand Energy Charge $0.0265 $0.022 $0.0275 per KWH for the first 450 hours of monthly demand $0.0200 $0.017 $0.0210 per KWH for all additional usage; plus applicable Power Fuel Adjustment charge. Customer Charge $300.00 $300.00 per month. The minimum monthly bill shall be no less than $700. $650.00. The Power Fuel Adjustment charge is applied to energy consumption only and does not reduce the minimum billing. SECTION 5. Section 15-68 of the Grand Island City Code is hereby amended to read as follows: §15-68. 114 Area Floodlighting Applicable in the territory served by the City of Grand Island; and is available for any outdoor area floodlighting of consumer's property from dusk to dawn, where such service can be rendered directly from existing secondary distribution lines of the City. Luminare will be selected by Electric Department and provided from Electric Department stock. For installation on an existing wood pole, and connected to existing overhead secondary conductors on such pole, the monthly rate is $0.070 per watt per year, billed on a monthly basis for calendar year 2005; and $0.72 per watt per year billed on a monthly basis beginning calendar year 2006. as follows. 175 watt, 7,000 lumen, mercury vapor luminaire………………………… $6.25 per unit 400 watt, 20,000 lumen, mercury vapor luminaire……………………….. $11.30 per unit 1,000 watt, 63,000 lumen, mercury vapor luminaire……………………... $28.30 per unit 100 watt, 9,500 lumen, high pressure sodium vapor luminaire…………... $5.95 per unit 200 watt, 22,000 lumen, high pressure sodium vapor luminaire…………. $11.90 per unit 400 watt, 50,000 lumen, high pressure sodium vapor luminaire…………. $17.65 per unit Plus the applicable Fuel Adjustment charge on all luminaries. Where an extension of overhead secondary facilities is required, and where such extension is approved by the City Utilities Department, the net monthly rate shall be increased for each additional pole installed, by $1.20; and for each additional span of secondary conductors installed, by $0.90. SECTION 6. Section 15-69 of the Grand Island City Code is hereby amended to read as follows: ORDINANCE NO. 8940 (Cont.) - 6 - §15-69. Contract Period and Conditions Service under Rate 114 is available for a minimum period of 24 months and thereafter until terminated by thirty (30) days notice in writing. The City of Grand Island will install, own, and operate and maintain all area lighting equipment under this schedule. If underground service is desired, approval of the City must be obtained and the additional cost therefor shall be paid in advance to the City by the consumer on a nonrefundable basis. The burning of the lamps shall be controlled by automatic control equipment installed by the City and burning time shall be approximately thirty minutes after sunset to approximately thirty minutes before sunrise. The City shall be notified by the consumer of any operational failure of lamps. Lamp replacement or repairs will be performed only during regular working hours. Non-Standard Installations: If underground service is desired or extension of overhead secondary facilities is required or special materials are requested, approval of the City must be obtained. All additional cost for materials and labor shall be paid in advance to the City, by the consumer, on a nonrefundable basis. SECTION 7. Section 15-70 of the Grand Island City Code is hereby amended to read as follows: Division 6. Power Fuel Cost Adjustment §15-70. Power Fuel Cost Adjustment The rates set out in this chapter are predicated upon a base power fuel cost of 15.00 12.00 mills per kilowatt-hour. When the City's cost of energy per kilowatt-hour shall temporarily be greater than 15.00 12.00 mills per kilowatt-hour, there shall be added to the consumer's monthly charge for electricity used; an amount equal to the number of kilowatt-hours used during the month to which the consumer's charge applies, multiplied by the amount by which the cost of energy for kilowatt-hour shall be greater than 15.00 12.00 mills per kilowatt-hour. Cost of energy per kilowatt-hour as determined for any month shall be applicable to all charges rendered to consumers after the last day of the following month, without any City Council action. The cost of energy per kilowatt-hour applied to the consumer's monthly charge shall be an average of the previous six-months cost of energy per kilowatt-hour. If a permanent increase in the contract cost of energy to the City occurs, beginning with the month that the cost increase becomes effective, the six-month average of the cost of energy per kilowatt-hour may be recalculated; using the new increased cost of energy, to compute the affected components of the cost of energy for the previous six months. This revised six-month average of the cost of energy per kilowatt hour shall then be applied to the consumer's monthly charge for electricity used without any City Council action. For purposes of this section, the following words shall have the following meanings: Cost of Energy shall mean the power fuel cost for the generating plants owned by the City, consisting of the monthly natural gas cost and the cost of any fuel oil consumed; the cost of coal consumed, including freight and handling charges; plus costs of payments by the City for power and energy purchased from other power suppliers, less power fuel costs charged for energy sold to other electric utilities. Cost of Energy per Kilowatt-Hour shall mean "Cost of Energy" as above defined, divided by 95 percent of the total kilowatt hours; consisting of the kilowatt hour output of the City's electric generating plants, plus the kilowatt hours purchased from other power suppliers, less the kilowatt hours of energy sold to other electric utilities. SECTION 8. Section 15-71 of the Grand Island City Code is hereby amended to read as follows: ORDINANCE NO. 8940 (Cont.) - 7 - §15-71. Interdepartmental Rates The Interdepartmental Energy rates shall be applicable to departments or other subdivisions of the City for electric power according to the respective uses of energy. Municipal, non-enterprise accounts shall be assigned to standard retail Rate 30 or Rate 50 as appropriate. An Interdepartmental discount shall be assigned to those accounts. The discount for calendar year 2005 is $0.01 per kWh for Rate 50 Interdepartmental accounts and $0.03 per kWh for Rate 30 Interdepartmental accounts. The discount for the calendar year beginning 2006 is $0.003 per kWh for both Rate 50 and Rate 30 Interdepartmental accounts. SECTION 9. Section 15-72 of the Grand Island City Code is hereby deleted: §15-72. Rate 110; Interdepartmental Rate The demand charge for service under Rate 110 shall be at $3.50 per month per KW of the maximum thirty (30) minute demand. The energy charge for all energy supplied under this rate shall be $0.034 per KWH; plus the applicable Fuel Adjustment charge. SECTION 10. Section 15-73 of the Grand Island City Code is hereby deleted: §15-73. Interdepartmental Rate; Utility Accounts The Interdepartmental Utility Accounts are assigned to Rate 050. SECTION 11. Section 15-74 of the Grand Island City Code is hereby amended to read as follows: §15-74. Rate 116; Interdepartmental; Streetlights The demand charge for the monthly charge for various size lights used for public street lighting, whether City or privately-owned, shall be $0.35 per watt per year billed on a monthly basis for calendar year 2005, and shall be $0.36 per watt per year billed on a monthly basis beginning calendar year 2006. : Wattage Demand Charge 175 Watt light……………………………………. $1.55 400 Watt light……………………………………. $3.15 1,000 Watt light………………………………….. $7.80 The energy charge shall be $0.02 per KWH; plus the applicable Fuel Adjustment charge. SECTION 12. Section 15-75 of the Grand Island City Code is hereby deleted: §15-75. Burdick Station Rate, Power for Pumping The Burdick Station Pumping Facility is assigned Rate 100, with a predefined 750 KW demand. ORDINANCE NO. 8940 (Cont.) - 8 - SECTION 13. Sections 15-55, 15-57, 15-60, 15-63, 15-68, 15-69, 15-70, 15-71, 15-72, 15-73, 15-74 and 15-75 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 14. That this ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: November 9, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #8941 - Consideration of Amending Chapter 17 of the Grand Island City Code Relative to Code Compliance Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: November 9, 2004 Subject: Amending Chapter 17 of the Grand Island City Code Relative to Code Compliance Item #’s: F-2 Presenter(s): Douglas R. Walker, City Attorney Background At the November 2, 2004, study session a proposal was presented by the Grand Island Police Department to handle code compliance duties. To enable the Grand Island Police Department to enforce the City Code, changes will need to be made to several sections of the City Code which specifically reference the code compliance officer. Discussion The proposed ordinance will amend Section 17-2 to authorize the Grand Island Police Department to enforce violations of the City Code relating to garbage, litter, refuse, waste and waste material violations within the city. Sections 17-4.2 and 17-4.3 are being amended to allow the designee of the Health Director or city personnel to enforce the City Code. Section 17-40 is being revised to delete the reference to the code compliance officer. With these changes the City Code should then authorize the community service officers of the Grand Island Police Department to enforce the City Code. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the ordinance amending the City Code to permit community service officers to enforce the City Code. 2. Not approve the ordinance revising the City Code. 3. Modify the proposed ordinance. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the proposed ordinance which would amend the City Code to permit the community service officers to enforce the code. Sample Motion Motion to approve the ordinance amending the City Code to permit the community service officers to enforce the City Code. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney ORDINANCE NO. 8941 An ordinance to amend Chapter 17 of the Grand Island City Code; to amend Sections 17-2, 17-4.2, 17-4.3, and 17-40 pertaining to enforcement of nuisances by employees of the City of Grand Island; to repeal Sections 17-2, 17-4.2, 17-4.3, and 17-40 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 17-2 of the Grand Island City Code is hereby amended to read as follows: §17-2. Duty of Department of Health The Grand Island-Hall County Department of Health or employees of the City of Grand Island are is hereby charged with the duty of enforcing the provisions of this chapter pertaining to the collecting, transporting, and disposing, by approved methods, of all garbage, litter, refuse, yard waste, and waste materials within the City. Approved methods of disposal for garbage, litter, refuse and waste materials are as follows: (A) By delivery to a licensed garbage or refuse collector; (B) By hauling to the City-operated sanitary or landfill transfer station and dispensing there as directed by the person in charge; provided, that the transportation conforms to the requirements of §17-26; (C) By disposal of garbage in a home garbage disposal unit. Approved methods of disposal for yard waste are as follows: (A) By utilizing such yard waste in an approved backyard composting site; (B) By delivery to a licensed garbage collector in a separate yard waste collection service; (C) By hauling to the City-operated composting site, which is adjacent to the City's transfer station, and dispensing there as directed by the person in charge. SECTION 2. Section 17-4.2 of the Grand Island City Code is hereby amended to read as follows: §17-4.2. Notice to Remove; Noncompliance with Notice Whenever it shall come to the knowledge of the Health Director, his or her designee or employees of the City of Grand Island or Code Compliance Officer or his/her designee, that there exists upon such lot or parcel of ground such nuisance, the Health Director, his or her designee or employees of the City of Grand Island or Code Compliance Officer or his/her designee shall cause a notice to abate and remove said nuisance within five (5) days to be served upon the owner or the owner's authorized agent, and upon the tenant or occupant of said premises. Said notice shall be served either in person or by mailing such notice by first-class mail, postage prepaid and by certified or registered mail. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and remove such nuisance at the expiration of the date fixed upon such notice, the Director of Health, his or her designee or employees of the City of Grand Island or Code Compliance Officer or his/her designee may cause such nuisance to ORDINANCE NO. 8941 (Cont.) - 2 - be removed from such parcel or lot, and from any roads, streets, or alleys abutting thereon as set forth in Section 17- 4.3 of this Chapter. SECTION 3. Section 17-4.3 of the Grand Island City Code is hereby amended to read as follows: §17-4.3. Procedure for Removal for Noncompliance If the Health Director, his or her designee or employees of the City of Grand Island or Code Compliance Officer determines that there exists upon any lot or parcel of ground the conditions described above in such a manner as to constitute an immediate nuisance and hazard to the public health and safety, the director, his or her designee or employees of the City of Grand Island or Code Compliance Officer shall request the Mayor to declare that such an immediate public nuisance exists, and after any such declaration, the Health Director, his or her designee or employees of the City of Grand Island or Code Compliance Officer shall cause to be issued a written notice to abate and remove such public nuisance from such lot or parcel of land within twenty-four (24) hours. Said notice shall be served by personal service upon the owner or the owner's authorized agent, and to any tenant, lessee, or occupant of the premises. If such owner, tenant, lessee, or occupant shall have failed or refused to abate and remove such nuisance at the expiration of the twenty-four (24) hours from delivery of the notice, the Health Director, his or her designee or employees of the City of Grand Island or Code Compliance Officer shall cause such nuisance to be removed from such parcel or lot and from any roads, streets, or alleys abutting thereon. SECTION 4. Section 17-40 of the Grand Island City Code is hereby amended to read as follows: §17-40. Unlicensed or Inoperable Vehicles; Public Nuisances The placement of any unlicensed or inoperable vehicle or any vehicle parts on any tract of land within the City of Grand Island shall be deemed a public nuisance and may be abated pursuant to §20-15 of the Grand Island City Code upon written request by the Grand Island Police Department or the Code Compliance Officer to the City Attorney pursuant to §20-15 of the Grand Island City Code. It shall be unlawful for any owner, owner's duly authorized agent or person in possession, charge or control, or the occupant of such a tract to cause, maintain, or permit such public nuisance to exist on said property, except in a manner as set forth below. SECTION 5. Sections 17-2, 17-4.2, 17-4.3, and 17-40 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 8941 (Cont.) - 3 - Enacted: November 9, 2004. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of October 26, 2004 City Council Regular Meeting The Minutes for the October 26, 2004 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 26, 2004 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on October 26, 2004. Notice of the meeting was given in the Grand Island Independent on October 20, 2004. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Counc ilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase. Councilmember Hornady was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker. INVOCATION was given by Pastor George Oxford, First Church of the Nazarene, 1022 West 6th Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the upcoming Election November 2, 2004 and encouraged everyone to exercise their right to vote. PRESENTATIONS AND PROCLAMATIONS: Recognition of the Grand Island Senior High Girls Golf Team for State Championship. Coach Kevin Bartlett and the Grand Island Senior High Girls Golf Team were present. Recognition of Grand Island Central Catholic Boy’s Tennis #2 Double’s State Championship. Assistant Coach Fred Northup and Grand Island Central Catholic Boy’s Tennis #2 Double’s Kenny Howard and Chris Northup were present. ADJOURN TO BOARD OF EQUALIZATION: Motion by Whitesides, second by Cornelius, carried unanimously to adjourn to Board of Equalization. #2004-BE-18 – Consideration of Determining Benefits for Sanitary Sewer District No. 513, Gosda Subdivision along Lillie Drive West of North Road. Public Works Director Steve Riehle reported that that work had been completed on Sanitary Sewer District No. 513 and the City Council in its capacity as the Board of Equalization was required to determine the benefits. Motion by Pielstick, second by Cornelius to approve Resolution #2004-BE-18, carried unanimously. RETURN TO REGULAR SESSION: Motion by Whitesdies, second by Cornelius, carried unanimously to return to Regular Session. Page 2, City Council Regular Meeting, October 26, 2004 PUBLIC HEARINGS: Public Hearing on Request of Scott and Carla Dominick dba Crooner’s, 418 West 4th Street for Class “C” Liquor License. City Clerk RaNae Edwards reported that Scott and Carla Dominick dba Crooner’s, 418 West 4th Street had submitted an application with the City’ Clerk’s Office for a Class “C” Liquor License which allows for the sale of alcoholic beverages on and off sale within the corporate limits of the city. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City of October 1, 2004; notice to the applicant of date, time, and place of hearing mailed on October 1, 2004; notice to the general public of date, time, and place of hearing published on October 16, 2004; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for Class “C” Liquor License. City Clerk RaNae Edwards reported that Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road had submitted an application with the City’ Clerk’s Office for a Class “C” Liquor License which allows for the sale of alcoholic beverages on and off sale within the corporate limits of the city. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City of October 12, 2004; notice to the applicant of date, time, and place of hearing mailed on October 12, 2004; notice to the general public of date, time, and place of hearing published on October 16, 2004; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of A. Meier, Inc. dba El Copa Cabana, 2808 Old Fair Road, Suite B for Class “C” Liquor License. City Clerk RaNae Edwards reported that A. Meier, Inc. dba El Copa Cabana, 3808 Old Fair Road, Suite B had submitted an application with the City’ Clerk’s Office for a Class “C” Liquor License which allows for the sale of alcoholic beverages on and off sale within the corporate limits of the city. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City of October 13, 2004; notice to the applicant of date, time, and place of hearing mailed on October 13, 2004; notice to the general public of date, time, and place of hearing published on October 16, 2004; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for Class “C” Liquor License. City Clerk RaNae Edwards reported that Perez, Inc. dba Tucanaso, 410 East 4th Street had submitted an application with the City’ Clerk’s Office for a Class “C” Liquor License which allows for the sale of alcoholic beverages on and off sale within the corporate limits of the city. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City of October 14, 2004; notice to the applicant of date, time, and place of hearing mailed on October 14, 2004; notice to the general public of date, time, and place of hearing published on October 16, 2004; and Chapter 4 of the City Code. No public testimony was heard. Page 3, City Council Regular Meeting, October 26, 2004 Public Hearing on Acquisition of Utility Easement Located at 2537 Diers Avenue. (Bosselman, Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 2537 Diers Avenue was required in order to have access to install, upgrade, maintain, and repair power appurtena nces, including lines and transformers. The easement would be used to serve electricity to the new business on Lot 1, Bosselman Subdivision from an existing transformer. No public testimony was heard. ORDINANCES: Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title on three different days be suspended and that ordinances numbered: #8938 - Consideration of Creation of Street Improvement District No. 1255; American Independence Subdivision for Independence Avenue, Lariat Lane, and Shanna Street #8939 – Consideration of Assessments for Sanitary Sewer District No. 513, Gosda Subdivision along Lillie Drive West of North Road be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Haase seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Steve Riehle, Public Works Director commented on Ordinance #8938 the creation of Street Improvement District No. 1255 and Ordinance #8939 assessments for Sanitary Sewer District No. 513. Motion was made by Gilbert, second by Walker to approve Ordinances #8938 and #8939. City Clerk: Ordinances #8938 and #8939 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 #8938 and #8939 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: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8938 and #8939 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Council requested items G-4, G-7, G-9, G-10, and G-14 be pulled from the Consent Agenda for separate action. Motion by Gilbert, second by Cornelis to approve the Consent Agenda excluding items G-4, G-7, G-9, G-10, and G-14. Upon roll call vote, all voted aye. Motion adopted. Page 4, City Council Regular Meeting, October 26, 2004 Approving Minutes of October 12, 2004 City Council Regular Meeting. Approving Minutes of October 19, 2004 City Council Study Session. Approving the Appointment of Scott Erickson to the Regional Planning Commission. Approving Request of Stratford Plaza, LLC dba Howard Johnson Riverside Inn, 3333 Ramada Road for a Class “C” Liquor License contingent upon final inspections. Approving Request of Nancy Smith, 1614 West 7th Street, Hastings, Nebraska for Liquor Manager Designation for Howard Johnson Riverside Inn, 3333 Ramada Road. Approving Request of Andrew Meier, 123 Meadowlark Circle, Doniphan, Nebraska for Liquor Manager Designation for El Copa Cabana, 2808 Old Fair Road, Suite B. #2004-268 – Approving Acquisition of Utility Easement Located at 2537 Diers Avenue. (Bosselman, Inc.) #2004-269 – Approving Bid Award for Uniform Rental for Utilities and Public Works Department with Paramount Linen and Uniform Rental of Kearney, Nebraska. #2004-270 – Approving Interlocal Agreement with College Park of Grand Island, Nebraska for Development of the Riverway Hike/Bike Trail. #2004-272 – Approving Certificate of Final Completion for Professional Services Agreement for Development of the Rifle and Pistol Ranges with C. Vargas and Associates of Jacksonville, Florida. #2004-273 – Approving Authorization to Use Emergency Procurement Procedures to Make Repairs to a Blower at the Waste Water Treatment Plant with Northwest Electric Shop of Lincoln, Nebraska in an Amount of $26,284.22. #2004-274 – Approving Change Order #1 to the Contract for the Grand Generation Addition and Renovation with Starostka Group of Grand Island, Nebraska for an increase of $17,524.25, which will be paid entirely by the Senior Citizens Industries, Inc. #2004-275 – Approving Subordination Agreements with Eleanor F. Bennett for Property Located at 1122 East 9th Street and Purchased Under CDBG Down Payment Assistance Program and Affordable Housing Trust Fund. #2004-276 – Approving Subordination Agreement with David and Michelle Grinnell for Property Located at 1208 Warren Lane and Purchased Under CDBG Down Payment Assistance Program. Page 5, City Council Regular Meeting, October 26, 2004 #2004-277 – Approving Renewal of Upgrade and Compliance of Microsoft Licensing with the Microsoft Select Agreement in an Amount of $86,619.42 to be paid in three annual installments. Approving Request of Scott & Carla Dominick dba Crooner’s, 418 West 4th Street for a Class “C” Liquor License contingent upon final inspections. Motion by Whitesides, second by Gilbert to approve contingent upon final inspections. Unanimously approved. Approving Request of A. Meier, Inc. dba El Copa Cabana, 2808 Old Fair Road, Suite B for a Class “C” Liquor License contingent upon final inspections. Motion by Cornelius, second by Haase to approve contingent upon final inspections. Unanimously approved. Approving Request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class “C” Liquor License. Motion by Pielstick, second by Whitesides to deny the request of Perez, Inc. dba Tucanaso, 410 East 4th Street for a Class “C” Liquor License for the reason that the applicant failed to contact City Department’s as required by City Code to complete inspections and previous violations. Upon roll call vote all votes aye. Motion adopted. Approving Request of Anastacio Jacobo, 411 East 4th Street, Apt. 1 for Liquor Manager Designation for Tucanaso, 410 East 4th Street. Motion by Pielstick, second by Whitesides to deny the request of Anastacio Jacobo, 411 East 4th Street, Apt. 1 for Liquor Manager designation for Tucanaso, 410 East 4th Street. Upon roll call vote, all voted aye. Motion adopted. #2004-271 – Approving Bid Award for Site Preparation and Lake Excavation at CAAP with Hooker Brothers Construction Company of Grand Island, Nebraska in an Amount of $684,150.00. Steve Paustian, Parks and Recreation Director reported that the engineer’s estimate for this project was $2,441,970.10 and that the two bids received were below that amount. Total budget available for this work was $500,000.00. Mr. Paustian stated several items of the proposed work could be modified to save substantial dollars. Additional funds were available in the 400 fund as well a possible assistance from private sources and foundations. Motion by Gilbert, second by Whitesides to approve Resolution #2004-271. Discussion was held concerning the costs of this project. Mr. Paustian explained the lake excavation and the bidding process. Motion was made by Whitesides to refer this matter to the first Council Meeting in December 2004. Motion died due to lack of a second. Upon roll call vote to approve, Councilmembers Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Walker, and Haase voted aye. Councilmember Meyer voted no. Motion adopted. Page 6, City Council Regular Meeting, October 26, 2004 PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of October 13, 2004 through October 26, 2004, for a total amount of $3,661,026.41. Motion adopted. Councilmember Pielstick abstained from Invoice #82946. ADJOURNMENT: The meeting was adjourned at 7:55 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of November 2, 2004 City Council Study Session The Minutes for the November 2, 2004 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council OFFICIAL PROCEEDINGS CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION November 2, 2004 Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on November 2, 2004. Notice of the meeting was given in the Grand Island Independent on October 27, 2004. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase. Councilmember Pauly was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Public Works Director Steve Riehle, Finance Director David Springer, and City Attorney Doug Walker Mayor Communication: Mayor Vavricek commented on the following: 1. Acknowledged Gary Greer for his work on the Wood River Diversion flood plain maps 2. Acknowledged Police Department for 100% employee donation to the United Way 3. Grand Island Fire Prevention Week 4. Acknowledged Case New Holland improvements 5. International Visitors 6. Press release regarding Public Facilities Corporation Discussion Concerning Code Compliance Proposal: Police Chief Kyle Hetrick reported that at the request of City Administration, the Police Department had submitted a proposal concerning increasing the efficiency and effectiveness of code enforcement for the City of Grand Island. Introduced were Captain Robert Falldorf and Sergeant Dennis Osterman. Proposed was transferring the code compliance duties to the Grand Island Police Department and incorporating those duties within the present job description of the GIPD Community Service Officer (CSO). Chief Hetrick explained the duties of the CSO’s. After studying the costs and methodology of the existing code compliance apparatus, the study showed that the Police Department could hire 3 to 4 part-time CSO’s, double the hours of enforcement to include scheduling their hours during evenings and weekends, for less money than was presently being paid. Presented was an analysis of cost comparisons and savings with regards to the number of CSO’s hired. Training and recruitment was discussed. Chief Hetrick stated with Council approval, two months would be sufficient time to transfer the code compliance duties to the Police Department. Chief Hetrick recommended hiring 3 addition CSO’s and buying two additional vehicles if Code Compliance was moved to the Police Department. Page 2, City Council Study Session, November 2, 2004 Council discussion was held with regards to contacting violators in person, having more than one person working code compliance, an educational approach, communication, efficiency, and cost effectiveness. Council requested this item be brought back to a regular council meeting for approval. Gene Dominick, 221 East First Street spoke in support. ADJOURNMENT: The meeting was adjourned at 7:32 p.m. City Clerk RaNae Edwards Item G3 Approving Appointment to the Animal Advisory Board The Mayor has submitted the reappointment of Nadine Matthews to the Animal Advisory Board. The appointment would become effective immediately, upon approval by Council, and would expire August 31, 2007. Approval is recommended. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Request of Rona Kucera dba Flight Deck, 3773 Skypark Road, Suite 5 for a Class "I" Liquor License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G5 Approving Request of Harold and Lois Hudiburg dba Island Liquor, 222 West Stolley Park Road for a Class "D" Liquor License This item relates to the aforementioned Public Hearing Item E-2. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G6 Approving Request of Hi Brand G.I. dba Old Chicago, 3404 West 13th Street for a Class "I" Liquor License This item relates to the aforementioned Public Hearing Item E-3. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 Approving Request of Michelle Vanluchene, 1308 Birch Street, Aurora, Nebraska for Liquor Manager Designation for Old Chicago, 3404 West 13th Street Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2004 Subject: Request of Michelle Vanluchene, 1308 Birch Street, Aurora, Nebraska for Liquor Manager Designation for Old Chicago, 3404 West 13th Street Item #’s: G-7 Presenter(s): RaNae Edwards, City Clerk Background Michelle Vanluchene, 1308 Birch Street, Aurora, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “I-66082” Liquor Licenses for Old Chicago, 3404 West 13th Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. All departmental reports have been received. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request of Michelle Vanluchene, 1308 Birch Street, Aurora, Nebraska for Liquor Manager Designation in conjunction with the Class “I- 66082” Liquor License for Old Chicago, 3404 West 13th Street. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request. Sample Motion Approve the request of Michelle Vanluchene, 1308 Birch Street, Aurora, Nebraska for Liquor Manager Designation for Old Chicago, 3404 West 13th Street. Item G8 #2004-278 - Approving Contract for Vending Machine Services at City Hall Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Council Agenda Memo From: RaNae Edwards, City Clerk Meeting: November 9, 2004 Subject: Approving Contract for Vending Machine Services at City Hall Item #’s: G-8 Presenter(s): RaNae Edwards, City Clerk Background City Hall has contracted with VVS, Inc./Coca-Cola Bottling Company for their vending service needs in City Hall for several years. Request for Proposals were sought on October 15, 2004. Five companies submitted proposals. Discussion The proposals submitted for the vending machine services for City Hall have been reviewed by Dale Shotkoski, Assistant City Attorney/Purchasing Agent and RaNae Edwards, City Clerk. The term of the contract will be for five (5) years beginning January 1, 2005 and will expire on December 31, 2009. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Contract with VVS, Inc., Cozad, Nebraska for vending machine services at City Hall. 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 contract with VVS, Inc. of Cozad, Nebraska for the vending machine services at City Hall for five (5) years. Sample Motion Motion to approve the contract with VVS, Inc. of Cozad, Nebraska for vending machine services at City Hall for five (5) years. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR VENDING MACHINE SERVICES AT CITY HALL RFP DUE DATE: October 15, 2004 at 5:00 p.m. DEPARTMENT: City Clerk PUBLICATION DATE: September 24, 2004 NO. POTENTIAL BIDDERS: 6 SUMMARY OF PROPOSALS RECEIVED VVS, Inc. Cozad, NE Coca-Cola Bottling Co., Grand Island, NE Pepsi Bottling Group, Grand Island, NE Boyd’s Full Service Vending, Hastings, NE Nebraska Commission for the Blind & Visually Impaired, Grand Island, NE cc: RaNae Edwards, City Clerk Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P949 Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-278 WHEREAS, the City of Grand Island invited proposals for Vending Machine Services at City Hall, according to the City’s Request for Proposals on file with the City Clerk; and WHEREAS, proposals were due on October 15, 2004; and WHEREAS, VVS, Inc. of Cozad, Nebraska, submitted a proposal in accordance with the terms of the request for proposals; and WHEREAS, the compensation derived by VVS, Inc. would be only that generated from individual purchases of vending machine products; and WHEREAS, no compensation will be provided to VVS, Inc. by the City, and the City will have no responsibility for the operations of the vending machines; and WHEREAS, a proposed contract agreement has been reviewed and approved by the City Attorney’s office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of VVS, Inc. of Cozad, Nebraska, is hereby accepted and approved as the best proposal submitted for such vending services; and that the contract by and between the City and such vendor is hereby approved, and the Mayor is hereby authorized and directed to sign such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G9 #2004-279 - Approving Acquisition of Utility Easement - 850 Allen Drive - Platte Valley State Bank This item relates to the aforementioned Public Hearing Item E-4. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-279 WHEREAS, a public utility easement is required by the City of Grand Island, from Platte Valley State Bank and Trust Company, a Nebraska State Bank, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 9, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Thirteen (13), Meadowlark West Third Subdivision located in the city of Grand Island, Hall County, Nebraska, the centerline of the twenty (20.0) foot wide easement and right-of-way being more particularly described as follows: Referring to the northwest corner of Lot Thirteen (13) Meadowlark West Third Subdivision; thence easterly along the northerly line of said Lot Thirteen (13), a distance of twenty-five (25.0) feet to the ACTUAL point of beginning; thence deflecting right 37º20'27" and running southeasterly, a distance of fifty-eight (58.0) feet. The side lines of the above-described tract shall be prolonged or shortened as required to terminate on the northerly boundary of Grantor's property. The above-described easement and right-of-way containing 0.027 acres, more or less, as shown on the plat dated October 13, 2004, 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 Platte Valley State Bank and Trust Company, a Nebraska State Bank, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G10 #2004-280 - Approving Acquisition of Utility Easement - Hall County Livestock Improvement Association This item relates to the aforementioned Public Hearing Item E-5. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-280 WHEREAS, a public utility easement is required by the City of Grand Island, from the Hall County Livestock Improvement Association, a Nebraska non-profit corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on November 9, 2004, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter (SW1/4) and the Southeast Quarter (SE1/4) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., located in the city of Grand Island, Hall County, Nebraska; the boundaries of the twenty (20.0) foot wide easement and right-of-way being more particularly described as follows: Referring to the southeast corner of the Southwest Quarter (SW1/4) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West; thence northerly along the easterly line of the Southwest Quarter (SW1/4) said Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West, a distance of thirty three (33.0) feet to a point on the northerly right-of-way line of Stolley Park Road; thence westerly along the northerly right-of-way line of said Stolley Park Road, a distance of two hundred (200.0) feet to the ACTUAL Point of Beginning; thence northerly and parallel with the easterly line of the Southwest Quarter (SW1/4) of said Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West on an assumed bearing of N00º00'00"E, a distance of nine hundred seven and eighty two hundredths (907.82) feet; thence S89º56'32"E, a distance of three hundred thirty two (332.0) feet; thence N00º00'00"E, a distance of twenty (20.0) feet; thence N86º56'32"W, a distance of three hundred thirty two (332.0) feet; thence N00º00'00"E, a distance of one hundred sixty one and ninety hundredths (161.90) feet; thence S89º56'32"E, a distance of one hundred twenty five and twenty two hundredths (125.22) feet; thence N00º03'37"E, a distance of twenty (20.0) feet; thence N89º56'32"W, a distance of one hundred twenty five and twenty four hundredths (125.24) feet; thence N00º00'00"E, a distance of three hundred forty five and sixty eight hundredths (345.68) feet; thence S89º56'32"E, a distance of four hundred sixty two (462.0) feet; thence N00º00'00"E, a distance of twenty (20.0) feet; thence N86º56'32"W, a distance of four hundred sixty two (462.0) feet; thence N00º00'00"E, a distance of one thousand fifteen and forty three hundredths (1,015.43) feet; thence S89º13'34"E and parallel with the southerly right-of-way line of Fonner Park Road, a distance of two hundred and two hundredths (200.02) feet to a point on the easterly line of the Southwest Quarter (SW1/4) of said Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West; thence N00º00'00"E along the easterly line of the Southwest Quarter (SW1/4) of said Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West, a distance of twenty (20.0) feet to a point on the southerly right-of-way line of said Fonner Park Road; thence N89º13'34"W along the southerly right-of-way line of said Fonner Park Road, a distance of two hundred twenty and two hundredths (220.02) feet; thence S00º00'00"E and parallel with the easterly line of the Southwest Quarter (SW1/4) of said Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West, a distance of two thousand four hundred ninety and ninety five hundredths (2,490.95) feet; thence N89º33'52"W and parallel with the northerly right-of-way line of said Stolley Park Road, a distance of seventy five (75.0) feet; thence S00º00'00"E, a distance of twenty (20.0) feet to a point on the northerly right-of-way line of said Stolley Park Road; thence S89º33'52"E along the northerly right-of-way line of said Stolley Park Road, a distance of ninety five (95.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing 1.76 acres, more or less, as shown on the plat dated October 26, 2004, 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 Hall County Livestock Improvement Association, a Nebraska non-profit corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G11 #2004-281 - Approving Award of RFP - Emergency Response Agreement - Utilities Department - Power Plant Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader; Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: November 9, 2004 Subject: Award of Request for Proposal - Emergency Response Contractor – Burdick and Platte Generating Stations Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background The Utilities Department stores large quantities of #2 diesel fuel as alternate fuel for the Combustion Turbines and the start-up fuel for Platte Generating Station. The Department also stores #6 residual fuel oil as alternate fuel supply for the older steam generators at Burdick Station. Operation of these fuel oil storage facilities places the Department under extensive federal regulation governing the design, operation and spill prevention for the oil storage and piping systems. In regulation changes over the last few years, it is now required that operators of large oil storage facilities retain the services of a contractor to provide emergency response, clean-up and/or remediation for situations where the City does not have the capability to adequately respond. Under the required agreement, the contractor would immediately respond with trained personnel and appropriate equipment, upon the City’s request, to recover, remove, dispose or contain a release of fuel. Discus sion Plant staff solicited proposals from contractors specializing in this type of environmental work. The proposed agreement is structured such that there is no charge by the contractor unless the contractor is called to respond to an emergency. If called, the contractor bills for services in accordance with the rates included in the agreement. Solicitations were conducted in accordance with the City Procurement Code. Proposals were received from three contractors: Environmental Solutions, Omaha Industrial Services, Lincoln Haz-Mat Response, Olathe, KS Utility environmental compliance staff reviewed each of the proposals based on a review of overall company experience, personnel expertise, equipment availability, and standard fees. The proposal from Haz-Mat Response was evaluated to be most responsive to the City’s request. The Legal Department has reviewed the proposed Contract. Haz-Mat Response is a regional company having facilities and offices in North Platte and Lincoln in Nebraska. Grand Island’s primary contact point would be North Platte. There are no administrative or management fees for maintaining this agreement and this agreement does not preclude the City from using other emergency response Contractors as needed. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the proposed Agreement for Emergency Response 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation The Utilities Department recommends that the Council approve the agreement with Haz- Mat Response to provide Emergency Response Services for the Electric Department Power Plants. Sample Motion Move to approve award of the Emergency Response Services Agreement to Haz-Mat Response of Olathe, KS. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR EMERGENCY RESPONSE AGREEMENT RFP DUE DATE: October 21, 2004 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: September 27, 2004 NO. POTENTIAL BIDDERS: 4 SUMMARY OF PROPOSALS RECEIVED Environmental Solutions, Inc. Industrial Services, Inc. Omaha, NE Lincoln, NE Haz-Mat Response, Inc. Olathe, KS cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P950 Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-281 WHEREAS, the City of Grand Island invited proposals for Emergency Response Agreement, in accordance with a Request for Proposal on file at the Platte Generating Station; and WHEREAS, on October 21, 2004, three proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Haz-Mat Response, Inc. of Olathe, Kansas, submitted a proposal to provide emergency response services for the Electric Department power plants, such services would be billed in accordance with a proposed Agreement for Emergency Response, and would be billed only if the service is needed; and WHEREAS, Haz-Mat Response, Inc. is a regional company having facilities and offices in North Platte and Lincoln, Nebraska; and WHEREAS, the City Attorney reviewed and approved the proposed Agreement for Emergency Response. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal submitted by Haz-Mat Response, Inc. of Olathe, Kansas, is hereby approved to provide emergency response services to the City's Electric Department power plants in accordance with the Agreement for Emergency Response. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G12 #2004-282 - Approving Final Plat and Subdivision Agreement for Heartland Events Center First Subdivision Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Regional Planning Commission Meeting: November 9, 2004 Subject: Heartland Events Center First Subdivision - Final Plat Item #’s: G-12 Presenter(s): Chad Nabity AICP, Regional Planning Director Background This subdivision proposes to create 1 lot on a parcel of land in the S ½ of Section 22, Township 11, Range 9. This subdivision consists of 3.767 acres more or less. Discussion This subdivision is necessary for the Hall County Livestock Improvement Association (Fonner Park) to transfer title on the property on which the Heartland Events Center will be built to the City. This property is zoned B2 General Business. The lot meets all of the requirements for a legal subdivision in the City of Grand Island. This lot has water available and sewer will be extended from the west to serve the lot and facility. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the final plat as presented 2. Modify the final plat to meet the wishes of the Council 3. Table the issue Recommendation A motion was made by Eriksen and seconded by Miller to approve and recommend that the Grand Island City Council approve the final plat of Heartland Events Center First Subdivision. A roll call vote was taken and the motion passed with 12 members present (Amick, Haskins, Lechner, O’Neill, Brown, Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor. Sample Motion Approve the Final Plat for Heartland Events Center First Subdivision as presented. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-282 WHEREAS, Hall County Livestock Improvement Association, a non-profit corporation, as owner, has caused to be laid out into a lot, a tract of land comprising of a part of the South Half (S1/2) of Section Twenty Two (22), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, under the name of HEARTLAND EVENT CENTER FIRST SUBDIVISION, 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 and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of HEARTLAND EVENT CENTER FIRST 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, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G13 #2004-283 - Approving Acquisition of Real Estate - 1216 West 2nd Street - Grand Island Public Library Foundation, Inc. This item relates to the aforementioned Public Hearing Item E-6. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-283 WHEREAS, the Grand Island Public Library Foundation, Inc., a Nebraska non-profit corporation, has acquired real property west of the existing Edith Abbott Memorial Library at 211 N. Washington Street, for the purpose of expanding and renovating such facility; and WHEREAS, the Grand Island Public Library Foundation, Inc. has expressed an interest in donating such real property to the City of Grand Island; and WHEREAS, a public hearing was held on November 9, 2004, for the purpose of discussing the proposed acquisition of property described as Lots Five (5) and Six (6), Block Two (2), Spaulding and Gregg's Addition to the City of Grand Island, Hall County, Nebraska; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to acquire by donation from the Grand Island Public Library Foundation, Inc., a Nebraska non-profit corporation, the property described as Lots Five (5) and Six (6), Block Two (2), Spaulding and Gregg's Addition to the City of Grand Island, Hall County, Nebraska, for the purpose of expanding and renovating the Edith Abbott Memorial Library at 211 N. Washington Street. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G14 #2004-284 - Approving Acquisition of Real Estate - Lot 1, Heartland Event Center First Subdivision - Fonner Park Exposition and Events Center, Inc. This item relates to the aforementioned Public Hearing Item E-7. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-284 WHEREAS, on October 9, 2001, by Resolution 2001-288, the City of Grand Island authorized and approved a Lease Purchase Agreement with Fonner Park Exposition and Events Center, Inc. ("Heartland"), under which Heartland will plan, design, construct, and finance an agricultural exposition and events center which will be leased to and purchased by the City; and WHEREAS, the City is interested in acquiring the real property from Fonner Park Exposition and Events Center, Inc., a Nebraska nonprofit corporation, which is associated with this project; and WHEREAS, a public hearing was held on November 9, 2004, for the purpose of discussing the proposed acquisition of real estate comprising all of Lot One (1), Heartland Event Center First Subdivision located in the City of Grand Island, Hall County, Nebraska. 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 the above-described tract of land from Fonner Park Exposition and Events Center, Inc., a Nebraska nonprofit corporation for the construction of an agricultural exposition and events center. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G15 #2004-285 - Approving Agreement with Olsson Associates for Engineering Consulting Services for Widening of Capital Avenue West of US Highway 281 Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: November 9, 2004 Subject: Approving Agreement with Olsson Associates for Engineering Consulting Services to Widen Capital Avenue West of U.S. HWY 281 Item #’s: G-15 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background Capital Avenue west of US Highway 281 needs widened to accommodate existing traffic volumes and future traffic volumes, especially in light of the new Super Wal Mart that will be built on Diers Avenue south of Capital Avenue. Public Works, Engineering Staff do not have the resources to design a project of this nature. Proposals were solicited from Consulting Engineering Companies in October 2004. Discussion A single proposal was received from Olsson Associates on October 26, 2004. An agreement has been negotiated with the work being performed on an actual cost basis with a maximum dollar amount of $139,210. There are sufficient funds in account 10033506-85213 to fund these services. Alternatives 1. Make a motion to approve a resolution authorizing the mayor to execute the agreement. 2. Refer the issue to a committee. 3. Postpone the issue to a further date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign an agreement with Olsson Associates to perform engineering consulting services for the widening of Capital Avenue west of US Highway 281. Sample Motion Move to approve entering into an agreement with Olsson Associates. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ENGINEERING CONSULTING SERVICES FOR WIDENING CAPITAL AVENUE RFP DUE DATE: October 26, 2004 at 5:00 p.m. DEPARTMENT: Public Works PUBLICATION DATE: October 11, 2004 NO. POTENTIAL BIDDERS: SUMMARY OF PROPOSALS RECEIVED Olsson Associates Grand Island, NE cc: Steve Riehle, Public Works Director Bud Buettner, Assistant Public Works Dir. Gary Greer, City Administrator David Springer, Finance Director Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P955 Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-285 WHEREAS, the City of Grand Island invited proposals for Engineering Consulting Services for the project to widen Capital Avenue, west of U.S. Highway 281, in accordance with a Request for Proposal on file with the Public Works Department; and WHEREAS, on October 26, 2004, one proposal was received, reviewed and evaluated in accordance with established criteria; and WHEREAS, Olsson Associates of Grand Island, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code; and WHEREAS, after negotiations with Olsson Associates, it was determined that the project could be completed at actual costs with a not to exceed amount of $139,210. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the negotiated proposal of Olsson Associates of Grand Island, Nebraska, for Engineering Consulting Services for the project to widen Capital Avenue, west of U.S. Highway 281, at actual costs with a not to exceed amount of $139,210 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G16 #2004-286 - Approving Time Extension to Contract with The Diamond Engineering Company for Construction of Street Improvement District 1253, Island Circle, West of Webb Road, in Lacy Subdivision Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Meeting: November 9, 2004 Subject: Approving Time Extension to Contract with The Diamond Engineering Company for Construction of Street Improvement District 1253, Island Circ le, West of Webb Road, in Lacy Subdivision Item #’s: G-16 Presenter(s): Steven P. Riehle, Director of Public Works Background The City Council awarded the bid for construction of Street Improvement District 1253 to The Diamond Engineering Company on August 24, 2004. A contract was entered into on September 7, 2004 and a notice to proceed was issued on September 8, 2004. Work started on September 13, 2004 and was completed on November 4, 2004. Any modifications to the contract in the form of a time extension must be approved by council. Discussion Diamond Engineering is requesting a time extension from the original contract completion date of October 15, 2004 to a revised date of November 5, 2004. Work on the project was delayed by utility conflicts and because the city directed Diamond to concentrate their efforts on the project to widen Stolley Park Road west of US HWY 281. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the time extension. 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 request for the time extension for Street Improvement District 1253. Sample Motion Move to approve the time extension. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-286 WHEREAS, on August 24, 2004, by Resolution 2004-214, the City Council of the City of Grand Island approved the bid of The Diamond Engineering Company of Grand Island, Nebraska for Street Improvement District No. 1253; and WHEREAS, work on the project was delayed due to utility conflicts and because the City directed the contractor to concentrate their efforts on a different city construction project; and WHEREAS, it is requested that an extension of time be granted to The Diamond Engineering Company to complete the work for Street Improvement District No. 1253; and WHEREAS, the construction of Street Improvement District No. 1253 is expected to be complete on November 5, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for Street Improvement District No. 1253 is hereby extended to November 5, 2004. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Contract Modification on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G17 #2004-287 - Approving use of State Bid for a Tractor Loader Backhoe for the Street & Transportation Division of the Public Works Department Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Steven P. Riehle, P.E., Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, P.E., Director of Public Works Dale Shotkoski, Assistant City Attorney Meeting: November 9, 2004 Subject: Approving Bid Award for Tractor Loader Backhoe Item #’s: G-17 Presenter(s): Steven P. Riehle, P.E., Director of Public Works Background The Street & Transportation Division of the Public Works Department budgeted to replace their current 1975 tractor loader backhoe. Discussion The tractor loader backhoe awarded under State of Nebraska contract #CA-6156 meets all of the requirements for the Street & Transportation Division. Logan Contractors Supply, Inc. of Omaha, Nebraska submitted a bid with no exceptions in the amount of $56,205.74. There are sufficient funds for this purchase in Account No. 10033501-85615. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve the purchase of the tractor loader backhoe. 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 purchase of the tractor loader backhoe in the amount of $56,205.74 from Logan Contractors Supply, Inc. of Omaha, Nebraska. Sample Motion Approve the purchase of the tractor loader backhoe from Logan Contractors Supply, Inc. of Omaha, Nebraska in the amount of $56,205.74. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-287 WHEREAS, the Street and Transportation Division of the Public Works Department is budgeted to replace their current 1975 tractor loader backhoe during the 2004/2005 fiscal year; and WHEREAS, said vehicle can be obtained from the State contract holder; and WHEREAS, purchasing the vehicle from the State contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2004/2005 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a tractor loader backhoe from the State contract holder, Logan Contractors Supply, Inc. of Omaha, Nebraska, for the amount of $56,205.74 is hereby accepted and approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G18 #2004-288 - Approving Bid Award for Stuhr Hike/Bike Trail Construction Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Parks and Recreation Director Meeting: November 2, 2004 Subject: Bid Award for Stuhr Hike/Bike Trail Construction Item #’s: G-18 Presenter(s): Steve Paustian, Parks and Recreation Director Background The City of Grand Island has been in the process of developing a trails network throughout Grand Island and the surrounding area for over ten years. The further expansion of the trail in the southern part of Grand Island is proposed for construction at this time. Discussion A project to extend the existing trail from its terminus at Central Community College to Hall County Park has been designed and bid. Two bids were received, with the low bid being provided by Diamond Engineering. The bid provided by Diamond Engineering was in the amount of $137,463.25. This bid was lower than the bid provided by Galvan Construction in the amount of $177,604.60. 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 Diamond Engineering in the amount of $137,463.25. Sample Motion Motion to approve the bid award to Diamond Engineering in the amount of $137,463.25. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-288 WHEREAS, the City of Grand Island invited sealed bids for Stuhr Hike and Bike Trail Construction, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on October 28, 2004, bids were received, opened and reviewed; and WHEREAS, the Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $137,463.25; and WHEREAS, the Diamond Engineering Company's bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of the Diamond Engineering Company of Grand Island, Nebraska, in the amount of $137,463.25 for the Stuhr Hike and Bike Trail construction is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G19 #2004-289 - Approving Contract for Site & Needs Study for the Fire Department Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Jim Rowell, Fire Chief Meeting: November 9, 2004 Subject: Fire Station and Training Center Site and Needs Study Item #’s: G-19 Presenter(s): Chief Rowell Background A request for proposals to provide a Fire Station and Training Center Site and Needs Study was advertised and the responding firms’ proposals were evaluated by the Site and Needs committee. The committee selected three proposals for further evaluation and the firms were invited to interview and provide a presentation on their qualifications and the proposed process. Two firms chose to continue and one opted not to participate. After the presentations of the two firms, the committee selected the firm RDG to offer the opportunity to conduct the study. In the discussions following the selection we have developed the terms of the agreement and reduced the original cost without reducing the scope or value of the services to be provided. Discussion The process has identified what the committee believes to be the best qualified team to provide the services requested. RDG has put together a group that has the expertise necessary to accomplish the study in a timely and professional manner for a cost of $21,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve an agreement with RDG to complete a site & needs study. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve this agreement. Sample Motion Motion to approve the agreement with RDG Planning & Design of Omaha, Nebraska for Site and Needs Study for the Fire Department in an amount of $21,000.00. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-289 WHEREAS, the City of Grand Island invited proposals for Site and Needs Study for the Fire Department, in accordance with a Request for Proposal on file with the Fire Department; and WHEREAS, on September 15, 2004, proposals were received, reviewed and evaluated in accordance with established criteria; and WHEREAS, RDG Schutte Wilscam Birge Inc. of Omaha, Nebraska, submitted a proposal in accordance with the terms of the request for proposals and all statutory requirements contained therein and the City Procurement Code, such proposal being in an amount not to exceed $21,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of RDG Schutte Wilscam Birge Inc. of Omaha, Nebraska, for a Site and Needs Study for the Fire Department for a new Headquarters Fire Station and a new Fire Training Center in an amount not to exceed $21,000 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement for such services on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G20 #2004-290 - Approving Purchase of a Mail Machine and Inserter, Maintenance Contract, and Postage Machine Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Dave Springer, Finance Director Meeting: November 9, 2004 Subject: Purchase of New Mail Machine, Inserter, and Rental of Postage Meter Item #’s: G-20 Presenter(s): Dave Springer, Finance Director Background The current Mail Inserter was a reconditioned unit purchased from Pitney-Bowes in 1998. They no longer support this equipment with a maintenance contract, so repairs are billed at time, material, and travel rates which are running over a thousand dollars a call. The equipment is presently in need of repair. Also, within the next year and a half, the US Postal Service is requiring that postage be sprayed on, rather than imprinted, which will necessitate a new postage meter and replacement of our other mail machine. Approximately 35,000 to 40,000 pieces of mail are processed monthly. Discussion We have anticipated replacing this equipment for over a year and have been reviewing our options. It would seem prudent to upgrade the equipment at this time, rather than incur another maintenance charge. There are only a few vendors of mailing and inserting machines and postage meters. Pitney-Bowes is the recognized leader in quality and performance. A leasing option would be for a minimum of 4.5 years and is costly, requiring $20,000 more than a purchase over that time. A new Pitney-Bowes mail machine and inserter are available on GSA Contract No.GS-25F-0010M for $42,256. Postage meters are not sold, but would rent for $1,008 annually. This would give a new, totally compatible system. We would have three months warranty, and then an annual maintenance contract for all three pieces of equipment would be $4,376. Funds are budgeted for in accounts 520-39100 and 525-32900. 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 purchase Pitney-Bowes mailing and inserter equipment through GSA contract for $42,256 and approve the rental of a postage meter and a maintenance contract for these three machines for $1,008 and $4,376 per year respectively. Sample Motion Motion to approve the purchase from Pitney-Bowes of a mailing machine and inserter for $42,256, annual rental of a postage meter for $1,008 and an annual maintenance contract for all three of $4,376. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-290 WHEREAS, the Finance Department processes approximately 35,000 pieces of mail each month; and WHEREAS, the equipment currently used to process the mail is in need of repair and, due to the age of the equipment, the repairs will only be a temporary solution; and WHEREAS, in addition, new U.S. Postal Service requirements will soon compel the City to obtain a new postage meter in order to stay in compliance with the postal system; and WHEREAS, it would be beneficial to obtain new equipment and a new postage meter now to avoid expensive repair costs; and WHEREAS, purchasing the equipment from the GSA contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such equipment is provided in the 2004/2005 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The purchase of mailing and inserter equipment through GSA Contract GS-25F-0010M from the State contract holder, Pitney Bowes Inc. of Omaha, Nebraska, in the amount of $42,256 is hereby approved. 2. The rental of a postage meter from Pitney Bowes Inc. of Omaha, Nebraska is hereby authorized at an annual rate of $1,008. 3. An annual maintenance contract be approved for the mailing and inserter equipment and the postage meter at an annual rate of $4,376. 4. The Mayor is hereby authorized and directed to execute such documentation on behalf of the City of Grand Island to complete the transactions identified herein. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. fc _______________________________________ RaNae Edwards, City Clerk Item G21 #2004-291 - Approving Authorization to Transfer Code Compliance Duties to the Police Department Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Council Agenda Memo From: Douglas R. Walker, City Attorney Meeting: November 9, 2004 Subject: Shifting Code Compliance to Grand Island Police Department Item #’s: G-21 Presenter(s): Douglas R. Walker, City Attorney Chief Kyle Hetrick, Grand Island Police Department Background At the November 2, 2004, study session, a proposal was presented by the Grand Island Police Department to handle the code compliance duties with three community service officers. It is anticipated that each of these community service officers would be part-time employees that would work approximately 25 hours per week for a total of 75 hours per week. This would result in a full-time equivalency of 1.9375 employees. The budget as currently adopted by the city authorizes one full-time equivalent for code compliance in the Legal Department. Discussion To amend the previously adopted budget and to establish the full-time equivalency for the three community service officers who will be working part-time for approximately 25 hours each, it is necessary for the Council to adopt a resolution authorizing the 1.9375 FTE’s for the community service officers and to transfer the code compliance duties from the Legal Department to the Police Department. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing 1.975 FTE’s for three part-time community service officers. 2. Not adopt the resolution authorizing the creation of the additional FTE’s in the Grand Island Police Department. 3. Postpone the issue to future date 4. Modify the Police Department proposal. Recommendation City Administration recommends tha t the Council approve the resolution authorizing the creation of 1.9375 FTE’s for three part-time community service officers in the Grand Island Police Department to handle code compliance duties. Sample Motion Motion to approve the resolution. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-291 WHEREAS, the Code Compliance Officer with the Legal Department is responsible for identifying and investigating complaints pertaining to property maintenance, junk vehicles, nuisances and accumulation of garbage; and WHEREAS, at its study session on November 2, 2004, the City Council discussed a proposal to transfer such code compliance duties to the Police Department; and WHEREAS, it is anticipated that the Police Department will hire three part-time community service officers who will each work 25 hours per week to handle the duties formerly conducted by the Code Compliance Officer; and WHEREAS, this will result in a full-time equivalency of 1.9375 employees; and WHEREAS, the 2004/2005 budget currently authorizes one full-time employee to perform code compliance duties; and WHEREAS, it is necessary to amend the adopted 2004/2005 budget to allow the 1.9375 full-time equivalents for the community service officers at the Police Department to begin such code compliance duties. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that effective immediately, the code compliance duties shall be transferred from the Legal Department to the Police Department, with such duties being completed by three part-time community service officers each working 25 hours per week. BE IT FURTHER RESOLVED, that the 2004/2005 adopted budget be amended to permit 1.9375 full-time equivalent employees to perform code compliance duties. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G22 #2004-292 - Approving Amendment to Personnel FTE Budget for Grand Island Public Library Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Steve Fosselman City of Grand Island City Council Council Agenda Memo From: Steve Fosselman, Director, Grand Island Public Library Meeting: November 9, 2004 Subject: Amendment to Personnel FTE Budget for Grand Island Public Library Item #’s: G-22 Presenter(s): Steve Fosselman Background The Grand Island Public Library is budgeted for 26.048 FTE, including the Library Secretary classification budget of .625 FTE (25 hours per week). This position at one time was full time, but was reduced to reflect data entry work that could be accomplished by employees in the Library Assistant classification, which was increased accordingly and currently has a budget of 9.828 FTE. Discussion Both positions require a variety of data entry duties, and after analyzing those duties it appears best for the operations of the Library that the Secretary’s FTE allocation be increased to .700 FTE (28 hours per week), an increase of .075 FTE. To maintain the Library’s total allocation of 26.048 FTE, the Library Assistant allocation needs to be reduced to 9.753 FTE, a decrease of .075 FTE. This can be accomplished within the Library’s total Salaries budget. 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 move to approve. Sample Motion Motion to approve resolution amending personnel FTE budget for Grand Island Public Library. Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-292 WHEREAS, the 2004/2005 adopted budget for the Grand Island Public Library allows a total of 26.048 full-time equivalent positions; and WHEREAS, after evaluating the duties and responsibilities of the Library Assistant and the Library Secretary, it was determined that changes were necessary to both positions; and WHEREAS, it is recommended that the 2004/2005 adopted budget be amended to increase the Library Secretary full-time equivalent allocation from .625 to .0700, and to decrease the Library Assistant full-time equivalent allocation from 9.828 to 9.753; and WHEREAS, this can be accomplished without a budget increase in library personnel costs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2004/2005 adopted budget be amended to increase full-time equivalent allocation for the Library Secretary to .700 full-time equivalent and to decrease the full-time equivalent allocation for the Library Assistant classification to 9.753. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item G23 #2004-225 - Approving Bid Award - Well Field Wells #2, 3, 10 and 11 Enclosures - Platte River Well Field Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: Gary R. Mader;Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: November 9, 2004 Subject: Bid Award - Well Field Wells # 2, 3, 10, 11 Enclosures - Platte River Well Field Item #’s: G-23 Presenter(s): Gary R. Mader, Utilities Director Background The City’s Platte River Well Field currently includes 21 wells. In order to accommodate a program upgrading the well controls, provide additional weather and rodent protection and to add security, the wells are being enclosed. Nine wells have been provided with enclosures to date. Specifications were drafted by staff to detail and construct steel buildings to enclose another four of the wells. The Request for Bids was advertised and promulgated in accordance with City purchasing procedures and publicly opened. Discussion The specifications for the pump enclosures were issued for bid and responses were received from the below listed bidders. Steel Crafters, Inc. did not include sales tax on their bid, and a 5.5% tax amount was added to the bid price for evaluation purposes. The City will only pay actual sales tax due. The engineer’s estimate for this project was $75,000.00. Bidder Bid price Taxes Total Bid Steel Crafters, Inc., $ 63,800.00 $ 3,590.00 $ 67,309.00 Lacy Construction Co., $ 72,520.00 $ 1,980.00 $ 74,500.00 BD Construction Co., $ 75,900.00 $ 2,160.00 $ 78,060.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the contract for enclosures for wells #2, 3, 10, and 11 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City staff reviewed the bids for compliance with the City’s detailed specifications. Steel Crafters, Inc. did not include sales tax on their bid, the tax at a 5.5% rate was added for evaluation purposes only. The City will only pay actual sales tax due. City Administration recommends that the Council award the contract for this work to the lowest responsive bidder, Steel Crafters Inc., of Grand Island, in an amount not to exceed $67,309.00. The final tax payment will require consultation with the Nebraska Department of Revenue and the contractor. Sample Motion Move the award of the contract for Well Field Wells # 2, 3, 10, 11 Enclosures be made to Steel Crafters from Grand Island, NE. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 2, 2004 at 11:15 a.m. FOR: Well Field Wells #2, 3, 10, 11 Enclosures DEPARTMENT: Utilities ESTIMATE: $75,000.00 FUND/ACCOUNT: E525 PUBLICATION DATE: August 20, 2004 NO. POTENTIAL BIDDERS: 11 SUMMARY Bidder: Lacy Construction Company BD Construction, Inc. Grand Island, NE Kearney, NE Bid Security: Universal Surety Company Universal Surety Company Exceptions: None None Bid Price: $74,500.00 (Tax Included) $78,060.00 (Tax Included) Bidder: Steel Crafter’s, Inc. Grand Island, NE Bid Security: $3,190.00 Exceptions: None Bid Price: $63,800.00 (Tax Not Included) cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Shelly Schnakenberg, Senior Utilities Secretary Pat Gericke, Admin. Utilities Secretary Larry Keown, Utilities Dept. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P936 Approved as to Form ¤ ___________ November 4, 2004 ¤ City Attorney R E S O L U T I O N 2004-225 WHEREAS, the City of Grand Island invited sealed bids for Well Field Wells #2, 3, 10, 11 Enclosures, according to plans and specifications on file at the Platte Generating Station; and WHEREAS, on September 2, 2004, bids were received, opened and reviewed; and WHEREAS, Steel Crafters, Inc. 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 $63,800.00; and WHEREAS, Steel Crafters, Inc. did not include sales tax in the amount of their bid, however City staff, while evaluating the bids, added 5.5% for sales tax to such bid; and WHEREAS, Steel Crafters, Inc.'s adjusted bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the adjusted bid of Steel Crafters, Inc. of Grand Island, Nebraska, for an amount not to exceed $67,309.00 for Well Field Wells #2, 3, 10, 11 Enclosures is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, November 9, 2004. _______________________________________ RaNae Edwards, City Clerk Item J1 Payment of Claims for the Period of October 27, 2004 through November 9, 2004 The Claims for the period of October 27, 2004 through November 9, 2004 for a total of $2,403,542.60. A MOTION is in order. Tuesday, November 09, 2004 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council