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05-10-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, May 10, 2005 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 Alan Davis, Independent Bethel Baptist Church, 1223 East 6th Street 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 "Salvation Army Week" May 9-15, 2005 Innovative and professional services have been provided by The Salvation Army to the community of Grand Island with little or no thanks expected. Mayor Vavricek has proclaimed the week of May 9-15, 2005 as "Salvation Army Week" in Grand Island and encourages all citizens to join in saluting the steadfast men and women who bind up the brokenhearted and renew the heart of our community by their quiet service of compassion. See attached PROCLAMATION. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council THE OFFICE OF THE MAYOR City of Grand Island State of Nebraska PROCLAMATION WHEREAS, The Salvation Army’s only business in Grand Island, Nebraska, as everywhere, is still human business, undertaken with joy for the family of humankind to the greater glory of God; and WHEREAS, through sound, innovative and professional services, The Salvation Army serves the people of Grand Island with unshakable faith in all, no matter how desperate the situation and views all people as people with possibilities; and WHEREAS, The Salvation Army acts on behalf of all the residents of our community, with neither salvation nor any other condition prerequisite, nor expecting any thanks, yet nonetheless welcoming community support. NOW, THEREFORE, I, Jay Vavricek, Mayor of Grand Island, Nebraska, do hereby proclaim the week of May 9-15, 2005 as “SALVATION ARMY WEEK” in the City of Grand Island, and I urge all citizens to join me in saluting the steadfast men and women who bind up the brokenhearted and renew the heart of our community by their quiet service of compassion. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Grand Island to be affixed this tenth day of May in the year of our Lord Two Thousand and Five. ________________________________________ Jay Vavricek, Mayor Attest: ________________________________________ RaNae Edwards, City Clerk Item E1 Public Hearing on Request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers Avenue for a Catering License Tuesday, May 10, 2005 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: May 10, 2005 Subject: Public Hearing on Request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers Avenue for a Catering Liquor License Item #’s: E-1 & G-6 Presenter(s): RaNae Edwards, City Clerk Background Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers Avenue has submitted an application for a Catering Liquor License in conjunction with their Class “IK-39333” Liquor License. A Catering Liquor License allows Retail Class C, D, I or L licensees to deliver, sell or dispense alcoholic liquors, including beer, for consumption at a location designated on a Special Designated License (SDL). 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. Approval is recommended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 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 contingent upon final inspections. Sample Motion Move to approve the request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers for a Catering Liquor License in conjunction with their Class “IK-39333” Liquor License. Item E2 Public Hearing Concerning acquisition of Utility Easement - 2550 N. Diers Avenue - Capital Park Development Tuesday, May 10, 2005 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: May 10, 2005 Subject: Acquisition of Utility Easement – 2550 N. Diers Avenue – Capital Park Development Company Item #’s: E-2 & G-8 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 Capital Park Development Company, located along the north line of property located at 2550 N. Diers Avenue, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The original cable and transformer serving electricity to this business and property were placed almost 20 years ago. Researching records and upgrading infrastructure in the area showed a discrepancy in the easement and actual location of the transformer. This easement will be used to correct the discrepancy discovered and correct the paperwork at the least cost for both the Utilities Department and the business owner. 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 Motion to approve acquisition of the Utility Easement. Item E3 Public Hearing Concerning acquisition of Utility Easement - 2620 N. Diers Avenue - Yogi Motel Tuesday, May 10, 2005 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: May 10, 2005 Subject: Acquisition of Utility Easement – 2620 N. Diers Avenue – Yogi Motel, Inc. Item #’s: E-3 & 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 Yogi Motel, Inc., located at the southwest corner of Days Inn property located at 2620 North Diers Avenue , in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The original cable and transformer serving electricity to this business and property were placed almost 20 years ago. Researching records and upgrading infrastructure in the area showed a discrepancy in the easement and actual location of the transformer. This easement will be used to correct the discrepancy discovered and correct the paperwork at the least cost for both the Utilities Department and the business owner. 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 Motion to approve acquisition of the Utility Easement. Item E4 Public Hearing Concerning acquisition of Utility Easement - North of Capital Avenue and East of the Ord Branch Union Pacific Railroad - Petersen Tuesday, May 10, 2005 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: May 10, 2005 Subject: Acquisition of Utility Easement – North of Capital Avenue and East of the Ord Branch Union Pacific Railroad – Petersen Item #’s: E-4 & 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 Bradley R. and Amy S. Petersen located north of Capital Avenue and east of the Ord Branch Union Pacific Railroad, in 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 primary electrical underground cable and a single phase transformer to provide electric service to a new home. 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 Motion to approve acquisition of the Utility Easement. Item E5 Public Hearing Concerning the Bi-Annual Report by the Citizens' Review Committee on the Economic Development Program Plan Tuesday, May 10, 2005 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: May 10, 2005 Subject: Public Hearing Concerning the Semi-Annual Report by the Citizen’s Review Committee on the Economic Development Program Plan. Item #’s: E-5 & G-2 Presenter(s): Douglas R. Walker, City Attorney Tim White, Chairman, Citizen’s Advisory Review Committee Background The voters of the City of Grand Island approved an economic development plan at the May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that establishes the economic development plan and a Citizens Advisory Review Committee to oversee the process of approving applications for economic development incentives. The Citizens Advisory Review Committee is required by State Statute and the Grand Island City Code to make a semi-annual report to the City Council. Discussion The Citizens Advisory Review Committee has been conducting regular meetings during the last six months as required by the City Code and the Nebraska Statutes. The committee has been able to approve two applications for funding since the last semi- annual report which have been from Love Signs, LLC and CXT, Inc., an L-B Foster Company. The committee looks forward to receiving meritorious applications for consideration in the future. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Accept the semi-annual report of the Citizens Advisory Review Committee. 2. Do not accept the semi-annual report of the Citizens Advisory Review Committee. Recommendation City Administration recommends that the Council accept the semi-annual report of the Citizens Advisory Review Committee. Sample Motion Accept the semi-annual report of the Citizens Advisory Review Committee. Item E6 Public Hearing on Amendment for Community Development Block Grant Funds Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Council Agenda Memo From: Joni Kuzma, Community Development Specialist Marsha Kaslon, Community Development Administrator Meeting: May 10, 2005 Subject: Public Hearing for Amendment to CDBG Rehab Grant Item #’s: E-6 & G-15 Presenter(s): Joni Kuzma, Community Development Specialist Background In August 2003, the City was awarded a $270,400 Block Grant from the Department of Economic Development for rehabilitation of residential owner-occupied homes. Of this amount, $250,000 was to be used for rehabilitation of 10 owner-occupied homes based on a standard maximum amount of $25,000 per home; $10,000 ($1,000 per house) for Lead-Based Paint assessment and/or remediation and General Administration of $10,400. The period covered under the grant contract is August 15, 2003 to August 15, 2005 (24 months). To date, four houses are under contract and rehabilitation is underway. The Community Development Division is still taking applications (11 distributed between 4/29 and 5/2) and has six additional homes to approve and complete. Discussion The number of applications received for homes located in the CDBG project area has been insufficient to meet the contracted number of homes needed to meet the grant termination deadline. The purpose of the requested amendment to the Block Grant application is to expand the CDBG project area from the original boundaries in northeast Grand Island to encompass the entire City of Grand Island. This request to amend the grant application has been discussed with Department of Economic Development staff. A public hearing is required to amend the original grant application and request amendment approval from the Department of Economic Development. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Block Grant Amendment to expand the boundaries of the CDBG Project Area for this grant and authorize the Mayor to sign all appropriate documents 2. Refer the issue to a Committee. 3. Postpone the issue to a later date. Recommendation City Administration recommends that the Council approve the Bock Grant Amendment to expand the boundaries of the CDBG Project Area for this grant and authorize the Mayor to sign all appropriate documents. Sample Motion Motion to approve the Bock Grant Amendment to expand the boundaries of the CDBG Project Area for this grant and authorize the Mayor to sign all appropriate documents. ILLINOIS AVE20TH ST 19TH ST 6 T H S T INDIANA AVET AFT S T BE A L STB IS C H E L D S T KOENIG ST B UR LI NGT ON NORT H E R N RAIL ROAD R MA PL E STSUPERI OR STEVANS ST POPL A R S T Y U N D S T L A MBERT S T S O U T H F R O N T S T CHARLES ST G R O F F S TCLEBUR N S TMARKET S T HANSEN ST WILLOW STCOURT ST ASHTON AVEWASHINGTO N SWHE E LER AVEWARREN L N CONGDON S T LI NCOL N AVE9 T H S T GEDDES ST4 T H S T OAK STWAL NUT S T 6 T H S TOAK ST1 S T S T CL A RK STEENWICH AVE1 S T S T L OCUST S TS O U T H F R O N T S T 12TH ST WHEEL ER AVEPI NE ST1 6 T H S T 1 0 T H S T VINE ST1 2 T H S T BURLINGTON NORTHERN RRWALNUT S T ASHTON AVE 7 T H S T 11TH ST CEDAR ST8 T H S T CONGDON ST11TH ST CL EBURN ST SYCAMORE STPI NE S T EL M ST7 T H S TMORE S TOAK ST4 T H S T PI NE ST L OCUST ST CHERRY ST6 T H S T CAPITAL AVE GEDDES STL OCUST ST5 T H S T WHEEL E R AV E 4 T H S T 7 T H S T WILLOW ST18TH ST BEAL ST12TH ST 8 T H S T OA K S TL A MBERT S T VI NE STPOPLAR STBEAL S T 14TH ST POPLAR STCHERRY STKIMBALL AVEP I NE ST VI NE STCE DAR ST 1 1 T H S T E V ANS STP L UM S T A S H T O N A V E .PINE ST1 3 T H S T VI NE ST 2 N D S TELM ST 9 T H S T SAI NT PAUL RD9 T H S T KI MBAL L AVE14TH ST KI MBA L L A V EKI MBAL L A V EF R O N T S T CEDAR STILLINOIS AVED IV IS IO N S T LOCUST ST5 T H S T B EAL S T EDDY ST1 5 T H S T OAK STEDDY STU.S. HIGHWAY NO. 30 TA F T STPINE STU N IO N P A C IF IC R A IL R O A D R .O .W .K O E N IG S T 1 7 T H S T 3 R D S TELM STOAK ST MARKET S T 2 N D S T PL UM STKIMBAL L AV E 4 T H S T 19TH ST 1 8 T H S T 6 T H S T SYCAMORE ST SAINT PAUL RD8 T H S T 1 4 T H S T 5 T H S T 15TH ST VI NE ST3 R D S TSY CAMORE S TOA K S TMA P L EWOODP L.WA L NUT STWHEELER A VEL OCUST ST CLARK ST D IV IS IO N S T SUTHERLAND ST.PLUM ST.GREENWI CH AV E SEEDLING M O R IA L D R L IN C O L N S C H O O L 1 0 0 E 2 0 0 3 0 0 4 0 0 5 0 0 1 0 0 W 2 0 0 3 0 0 4 0 0 5 0 0 6 0 0 100N10 0N1 00S100S2 0 03 0020 03 0 03 004 00500600 7 008 00900100011001200 1 0 0 W 1 0 0 E 2 0 0 3 0 0 2 0 0 3 0 0 4 0 0 5 0 0 6 0 01000 110012001300140015007 0 0 8 0 0 9 0 0 1 0 0 0 1 1 0 0 1 2 0 0 1 4 0 0 1 3 0 0 1 5 0 0 1 6 0 0 CDBG PROJECT AREA Item F1 #8974 - Consideration of Creation of Sanitary Sewer No. 518; Westwood Subdivision & Westwood Second Subdivision (Driftwood, Maywood, Sweetwood, Greenwood, & Norwood Drives and Driftwood & Redwood Courts) Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Consideration of Creation of Sanitary Sewer No. 518; Westwood Subdivision & Westwood Second Subdivision Item #’s: F-1 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is needed to create a sanitary sewer district. If created, a notice will be mailed to all affected property owners and a 30-day protest period allowed. Discussion A petition was submitted by residents in the area requesting the creation of a sanitary sewer district. Public Works staff has been working on design of this District, and has established a boundary for the District that makes sense for the area. If created, a notice will be mailed to all affected property owners and a 30- day protest period allowed. Alternatives It appears that the Council has the following alternatives concerning this issue at hand. The Council may: 1. Approve the recommendation to create Sanitary Sewer District 518. 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 creatio n of Sanitary Sewer District 518. A ten (10) year assessment period is recommended. Sample Motion Move to approve the creation of Sanitary Sewer District # 518. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney Be ORDINANCE NO. 8974 An ordinance creating Sanitary Sewer District No. 518 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; providing for the assessment of special taxes for constructing such sewer and collection thereof; and providing 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. Sanitary Sewer District No. 518 is hereby created for the construction of an eight (8) inch sanitary sewer main and appurtenances thereto in Westwood Park Subdivision and Westwood Park 2nd Subdivision in the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: Beginning at the northeast corner of Lot 1, Westwood Park Subdivision; thence south along the west line of North Road for a distance of 564 feet to the southeast corner of Lot 47 Westwood Park Subdivision; thence west along the south line of Lot 47, Lot 42 and Lot 41 Westwood Park Subdivision, a distance of 620 feet to the southwest corner of Lot 41 Westwood Park Subdivision; thence south along * This Space Reserved for Register of Deeds * ORDINANCE NO. 8974 (Cont.) - 2 - the east line of Lots 36 through 30 Westwood Park Subdivision, a distance of 660 feet to the northwest corner of Lot 28 Westwood Park Subdivision; thence east along the north line of Lots 28 through 24 Westwood Park Subdivision, a distance of 620 feet to the northeast corner of Lot 24 Westwood Park Subdivision; thence south along the west line of North Road, a distance of 384 feet to the southeast corner of Lot 23 Westwood Park Subdivision; thence west along the south line of Westwood Park Subdivision for a distance of 621.47 feet to the southwest corner of Lot 19 Westwood Park Subdivision; thence north on the west line of Lot 19 Westwood Park Subdivision for a distance of 37 feet to the southeast corner of Lot 18 Westwood Park Subdivision; thence west on the south line of Lot 18 Westwood Park Subdivision to the east line of Sweetwood Drive; thence south on the east line of Sweetwood Drive for a distance of 19 feet; thence west on the south line of Lot 17 Westwood Park Subdivision and a prolongation thereof to the southwest corner of Lot 17 Westwood Park Subdivision; thence north on the west line of Lots 17 through 13 Westwood Park Subdivision and a prolongation thereof to the north line of Elmwood Drive; thence east on the north line of Elmwood Drive for a distance of 15 feet to the southwest corner of Lot 12 Westwood Park Subdivision; thence north on the west line of Lot 12 Westwood Park Subdivision to the northwest corner of Lot 12 Westwood Park Subdivision; thence east on the north line of Lot 12 Westwood Park Subdivision for a distance of 35 feet to the southwest corner of Lot 11 Westwood Park Subdivision; thence north on the west line of Lot 11 and Lot 10 Westwood Park Subdivision and a prolongation thereof to the southeast corner of Lot 1 Westwood Park Second Subdivision; thence west on the south line of Lots 1 through 8 Westwood Park Second Subdivision to the southwest corner of Lot 8 Westwood Park Second Subdivision; thence southwesterly along the southeasterly line of Lots 9, 10 and 11 Westwood Park Second Subdivision to the southeast corner of Lot 11 Westwood Park Second Subdivision; thence south on the east line of Lot 12 Westwood Park Second Subdivision to the southeast corner of Lot 12 Westwood Park Second Subdivision; thence west on the south line of Lots 12 and 13 Westwood Park Second Subdivision and a prolongation thereof to the southwest corner of Lot 13 Westwood Park Second Subdivision; thence north on the west line of Westwood Park Second Subdivision to the northwest corner of Westwood Park Second Subdivision; thence east on the north line of Westwood Park Subdivision and Westwood Park Second Subdivision to the point of beginning, all as shown on the plat dated April 20, 2005, attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3. Said improvement shall be made in accordance with plans and specifications prepared by the Engineer for the City who shall estimate the cost thereof, and ORDINANCE NO. 8974 (Cont.) - 3 - submit the same to the City Council, and thereafter, bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. The cost of construction of such sanitary sewer district shall be assessed against the property within the district abutting upon the easement or other right-of-way within which such sanitary sewer main has been constructed, to the extent of benefits to such property by reason of such improvement, and a special tax shall be levied at one time to pay for such cost of construction as soon as can be ascertained as provided by law; and such special tax and assessments shall constitute a sinking fund for the payment of any warrants or bonds with interest, issued for the purpose of paying the cost of such sewer in such district; and such special assessments shall be paid and collected in a fund to be designated and known as the Sewer and Water Extension Fund and out of which all warrants issued for the purpose of paying the cost of sanitary sewer shall be paid. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law. Enacted: May 10, 2005. ORDINANCE NO. 8974 (Cont.) - 4 - ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Documents - Pawnbroker's Official Bonds for Wayne's Pawn Shop, G.I. Loan Shop, and Stewart's Loan and Pawnshop Chapter 25 of the Grand Island City Code allows for Pawnbrokers licenses. All permits expire on May 1st of each year. City Council approval is required for new applications and renewals. The City Clerk's Office has received renewal applications and Official Bonds from Wayne's Pawn Shop, G.I. Loan Shop, and Stewart's Loan and Pawnshop. Approval is recommended. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G2 Receipt of the Economic Development Program Plan Report This item relates to the aforementioned Public Hearing Item E-5. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Marlan Ferguson, EDC President City of Grand Island City Council Item G3 Approving Minutes of April 26, 2005 City Council Regular Meeting The Minutes of April 26, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, May 10, 2005 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 April 26, 2005 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 April 26, 2005. Notice of the meeting was given in the Grand Island Independent on April 20, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. 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 Reverend Erin Curtis, First Christian Church, 2400 West 14th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Larry Graves, Sr. Power Plant Operator for 35 Years of Service with the City. Mayor Vavricek and the City Council recognized Larry Graves, Sr. Power Plant Operator for 35 years of service with the City. Utilities Director Gary Mader commented on Mr. Graves service. Mr. Graves was present for the recognition. Proclamation “Tourism Month” May, 2005. Mayor Vavricek proclaimed the month of May, 2005 as “Tourism Month”. Renee’ Seifert and members of the Convention Visitors Bureau were present to receive the proclamation. Presentation by Youth Leadership Tomorrow and Community Youth Council. Paul Briseno, Assistant to the City Administrator introduced Jennifer Worthington, Executive Director of Leadership Tomorrow. Ms. Worthington introduced several students from Youth Leadership Tomorrow and gave an update on activities accomplished this year. Youth Leadership member Jami Harper from the class of 2004 spoke against smoking. The Mayor recognized and gave certificates to the Senior’s from the Community Youth Council. Those receiving certificates were: Haley Greer, Matthew Schultz, Sarah Werth, Tia Troester, and Lindsey Mustion. PUBLIC HEARINGS: Public Hearing on Amendment to the Grand Island Zoning Map for Property Proposed for Platting as Stewart Place Fourth Subdivision Located South of Stolley Park Road and West of Blaine Street from R2 Low Density Residential to RD Residential Development. Regional Planning Director Chad Nabity reported that rezoning was required for property proposed for Page 2, City Council Regular Meeting, April 26, 2005 platting as Stewart Place Fourth Subdivision located south of Stolley Park Road and west of Blaine Street from R2 Low Density Residential to RD Residential Development. Mr. Nabity recommended that Council waive the requirement of a 30’ landscape buffer zone. Sam Grimminger, 2712 Sunnybrook Road spoke in support. No further public testimony was heard. Public Hearing on Request of Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #1326, 2250 N. Diers Avenue for a Class “D” Liquor License. City Clerk RaNae Edwards reported that Wal- Mart Stores, Inc. dba Wal-Mart Supercenter #1326, 2250 N. Diers Avenue had submitted an application with the City Clerk’s Office for a “D” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on April 15, 2005; notice to the applicant of date, time, and place of hearing mailed on April 15, 2005; notice to the general public of date, time, and place of hearing published on April 16, 2005; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Acquisition of Utility Easement Located at 638 North Webb Road. (Le Meridien, LLC) Gary Mader, Utilities Director reported that acquisition of a utility easement located at 638 North Webb Road was required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would be used to locate primary electrical cable and a pad-mounted transformer to serve the new Lofgreen Dental Clinic. 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: #8972 - Consideration of Amendment to the Grand Island Zoning Map for Property Proposed for Platting as Stewart Place Fourth Subdivision Located South of Stolley Park Road and West of Blaine Street from R2 Low Density Residential to RD Residential Development #2973 – Consideration of Amending Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on first reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Hornady seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Brenda Sutherland, Human Resources Director reported that the amendment to the Salary Ordinance #8973 as proposed was to make one position an exempt position. Motion by Pielstick, second by Cornelius to approve Ordinances #8972 and #8973. City Clerk: Ordinances #8972 and #8973 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. Page 3, City Council Regular Meeting, April 26, 2005 City Clerk: Ordinances #8972 and #8973 on final passage. All those in favor of the passage of these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #8972 and #8973 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Hornady, second by Gilbert to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of April 12, 2005 City Council Regular Meeting. Approving Minutes of April 19, 2005 City Council Study Session. Approving Request of Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #1326, 2250 N. Diers Avenue for Class “D” Liquor License. Approving Request of Terence Holcomb, 4040 Norseman Avenue for Liquor Manager Designation for Wal-Mart Supercenter #1326, 2250 N. Diers Avenue. Approving Request of Marcia Rinkol, 1902 15th Avenue, Central City, Nebraska for Liquor Manager Designation for Pump & Pantry #6, 3355 Stolley Park Road. Approving Preliminary Plat for Northview Subdivision. Approving Preliminary Pat for Stewart Place Fourth Subdivision. #2005-97 – Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings with Dominion Construction Company in an Amount of $2,000.00 per year and Jerry Harders in an Amount of $500.00 per year. #2005-120 – Approving Final Plat and Subdivision Agreement for Stewart Place Fourth Subdivision. It was noted that Dynasty Enterprises, Inc., owner had submitted the final plat for Stewart Place Fourth Subdivision, located on a parcel of land in the NW 1/4 NE 1/4 of Section 29-11-9 for the purpose of creating 21 lots. #2005-121 – Approving Final Plat and Subdivision Agreement for Pleasant View Fourteenth Subdivision. It was noted that GNR Development Corp., owner had submitted the final plat for Pleasant View Fourteenth Subdivision, located on a parcel of land in the W 1/2 NE 1/4 of Section 22-11-9 for the purpose of creating 11 lots. #2005-122 – Approving Final Plat and Subdivision Agreement for Woodland Park Second Subdivision. It was noted that Hastings Ventures L.L.C., owner had submitted the final plat for Page 4, City Council Regular Meeting, April 26, 2005 Woodland Park Second Subdivision, located on a parcel of land in the W 1/2 SE 1/4 of Section 2-11-10 for the purpose of creating 20 lots. #2005-123 – Approving Acquisition of Utility Easement Located at 638 N. Webb Road. (Le Meridian, LLC) #2005-124 – Approving Bid Award for Water Main Project 2005-W-5 – System Maintenance with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $68,375.77. #2005-125 – Approving Bid Award for 23kV Vertical Break Group Operated Air Switches with Dutton-Lainson Company of Hastings, Nebraska in an Amount of $56,033.76 including tax. #2005-126 – Approving Agreement for Construction Occupancy with T & E Cattle Company and the Utilities Department. #2005-127 – Approving Continuation of Water Main District No. 450 and No. 451. #2005-128 – Approving Bid Award for Transfer Station Storage Building with Rathman- Manning Corp. of Chapman, Nebraska in an Amount of $104,400.00. #2005-129 – Approving Change Order No. 2 to the Contract with The Diamond Engineering Company for Street Improvement District NO. 1246 Along South Locust Street from Stolley to Fonner Park Road for an Increase in the Amount of $60,941.20 and a Revised Contract Amount of $2,116,594.42. Councilmember Pielstick voted no. #2005-130 – Approving Change Order No. 3 to the Contract with John T. Jones Construction of Fargo, North Dakota for the 2003 Waste Water Treatment Plant-1, Solids Handling Improvements Project for Decrease in the Amount of $16,505.00 and a Revised Contract Amount of $8,549,251.00. #2005-131 – Approving Amendment to the Agreement with Olsson Associates of Grand Island, Nebraska for Right-of-Way Appraisal and Acquisition Services on the Project to Widen Capital Avenue in an Amount not to exceed $99,930.00. #2005-132 – Approving Designation of No Parking Zone and Loading Zone on 3rd Street Near the Senior Center. #2005-133 – Approving Change Order No. 6 to the Grand Generation Center Renovation and Expansion Project with Starostka Group, Inc. of Grand Island, Nebraska for an Increase of $5,065.00 and a Revised Contract Amount of $614,153.75. #2005-134 – Approving Demolition of Improvements at 101-105 North Sycamore Street, 200 East First Street, and 112 North Kimball Avenue with Cook Construction of Kearney, Nebraska in an Amount of $49,600.00. Page 5, City Council Regular Meeting, April 26, 2005 #2005-135 – Approving an Increase to Staff by One Employee for the Position of Maintenance Worker I/II for the Wastewater Treatment Plant. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of April 13, 2005 through April 26, 2005, for a total amount of $2,374,822.61. Motion adopted unanimously. Councilmember Pielstick abstained from claims #96578, #96580, and #96583. ADJOURNMENT: The meeting was adjourned at 7:45 p.m. RaNae Edwards City Clerk Item G4 Approving Minutes of May 3, 2005 City Council Study Session The Minutes of May 3, 2005 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, May 10, 2005 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 May 3, 2005 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 May 3, 2005. Notice of the meeting was given in the Grand Island Independent on April 27, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. 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 Mayor Communication: Mayor Vavricek commented on the following: · Wasmer Elementary School 1st Grade “Thank You’s” · City/County Efficiency Committee – two representative’s from City Council needed · Citizens’ Review Committee – Tom Ward relocation and resignation · Heartland Events Center funds to finish facility to be decided by the County · Tourism Month – Cornhusker State Trap Shoot meet to be held in Doniphan on Thursday, May 5, 2005 Presentation by Central District Health Department Concerning a Smoking Ban. Mayor Vavricek commented on the community forums provided by the Central District Health Department (CDHD) and the public input that was gathered. Mr. Vavricek stated the public input part of the process was over and the Council would need to provide direction on this matter. Introduced was Teresa Anderson, Executive Director of the Central District Health Department (CDHD) who presented a report concerning their findings from community discussions and forums regarding a smoking ban and the effects of Second Hand Smoke (SHS). The following recommendations were submitted by CDHD: · CDHD officials recommend to the Grand Island City Council that the Council actively pursue policy that assures smoke-free environments particularly in places where children would be exposed, in workplaces and indoor public areas, and in all governmental facilities and vehicles. · CDHD officials also recommend that the Council and all involved in policy change be alert to the several current legislative bills related to SHS. Tracking these bills will serve useful. Because it is a health issue, it is likely that enforcement may fall to CDHD Environmental Division. CDHD offers to work closely with the Council to develop policy that is comprehensive, enforceable, and fair. Page 2, City Council Study Session, May 3, 2005 Ryan King, Assistant Director of the CDHD commented on the Clean Indoor Air Act. The CDHD Councilmember Hornady commented that there was no consensus with any group in our community or other communities and recommended the supporters of this issue use the petition process to move forward. Discussion was held concerning public places that were currently non- smoking, the Clean Air Act, people’s choices/rights, and health issues. Councilmember Walker commented on where we go from here, does the City Council write an ordinance. Mayor Vavricek stated that we had come full circle. The following decisions could be made by Council: A. Council create an Ordinance B. Council approve smoking-ban C. Council make no decision D. Public move forward with petition process for an election Councilmember’s Gilbert, Haase, and Nickerson spoke in support of a smoking ban through the election process. Councilmember Gilbert recommended a complete smoking ban through a vote of the people at the next Primary Election. Councilmember’s Hornady, Whitesides, Pielstick, Meyer, Pauly, Walker, and Cornelius did not support a complete smoking ban but supported the petition process for an election. Councilmember Pielstick recommended that city staff work with the Health Department in generating a petition for the General Election on November 2006. City Attorney Doug Walker commented on the Nebraska statutes regarding the petition process to get this issue on the ballot. Discussion was held concerning the Council drafting ballot language. Councilmember Gilbert commented on the City Council’s obligation to deal with this issue as the State Legislature killed a smoking ban bill because this was a local issue. Mayor Vavricek mentioned the lack of consensus on the Council was in no way shirking their duty and that this issue was tailor made for an election. Councilmember Gilbert stated she did not agree with the Mayor’s comments and this would delay the process further. City Administrator Gary Greer stated that on June 22, 2004 an ordinance was brought before Council. City staff would wait for either a Councilmember or a request from the public to come forward with ballot language for an election. ADJOURNMENT: The meeting was adjourned at 8:20 p.m. RaNae Edwards City Clerk Item G5 Approving Re-Appointments to the Business Improvement District #4 Board The Mayor with Council approval is recommending the re-appointments of Buzz Douthit, Mike Toukan, Scott Zana, and Bill Martin to the Business Improvement District #4 Board. The appointments would become effective June 1, 2005 and would expire on May 31, 2008. Approval is recommended. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G6 Approving Request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers Avenue for a Catering License This item relates to the aforementioned Public Hearing Item E-1. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 Approving Request of Alan Niesen, 727 Madden Road, Hastings, Nebraska for Liquor Manager Designation for K-Mart, 3535 West 13th Street Tuesday, May 10, 2005 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: May 10, 2005 Subject: Request of Alan Niesen, 727 Madden Road, Hastings, Nebraska for Liquor Manager Designation for K-Mart, 3535 West 13th Street Item #’s: G-7 Presenter(s): RaNae Edwards, City Clerk Background Alan Niesen, 727 Madden Road, Hastings, Nebraska has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “B-46201” Liquor License for K-Mart, 3535 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. 2. Forward the request with no recommendation. 3. Take no action on the request. Recommendation City Administration recommends that the Council approve this request for a Liquor Manager Designation. Sample Motion Move to approve the request of Alan Niesen, 727 Madden Road, Hastings, Nebraska for Liquor Manager Designation in conjunction with the Class “B-46201” Liquor License for K-Mart, 3535 West 13th Street. Item G8 #2005-136 - Approving Acquisition of Utility Easement - 2550 N. Diers Avenue - Capital Park Development This item relates to the aforementioned Public Hearing Item E-2. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-136 WHEREAS, a public utility easement is required by the City of Grand Island, from Capital Park Development Co., a Nebraska corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on May 10, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Six (6) Bosselman Subdivision in the city of Grand Island, Hall County, Nebraska, the utility easement and right-of-way being more particularly described as follows: The northerly ten (10.0) feet of the easterly twenty (20.0) feet of the westerly two hundred eighty (280.0) feet of Lot Six (6) Bosselman Subdivision. The above-described easement and right-of-way containing 200 square feet, more or less, as shown on the plat dated April 25, 2005, 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 Capital Park Development Co., a Nebraska corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-137 - Approving Acquisition of Utility Easement - 2620 N. Diers Avenue - Yogi Motel This item relates to the aforementioned Public Hearing Item E-3. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-137 WHEREAS, a public utility easement is required by the City of Grand Island, from Yogi Motel, Inc., a Nebraska corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on May 10, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Seven (7) Bosselman Subdivision in the city of Grand Island, Hall County, Nebraska, the ten (10) foot wide utility easement and right-of-way being more particularly described as follows: The southerly ten (10.0) feet of the westerly two hundred eighty (280.0) feet of Lot Seven (7) Bosselman Subdivision. The above-described easement and right-of-way containing 0.064 acres, more or less, as shown on the plat dated April 25, 2005, 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 Yogi Motel, Inc., a Nebraska corporation, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-138 - Approving Acquisition of Utility Easement - North of Capital Ave. and East of the Ord Branch Union Pacific Railroad - Petersen This item relates to the aforementioned Public Hearing item E-4. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-138 WHEREAS, a public utility easement is required by the City of Grand Island, from Bradley R. Petersen and Amy S. Petersen, husband and wife, to install, upgrade, maintain, and repair public utilities and appurtenances; and WHEREAS, a public hearing was held on May 10, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Four (4) Wilson's Subdivision in Hall County, Nebraska, the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the northwest corner of Lot Four (4) Wilson's Subdivision; thence southerly along the westerly line of said Lot Four (4), a distance of nineteen and sixty one hundredths (19.61) feet to the ACTUAL point of beginning; thence deflecting left 87º11'40" and running easterly along the northerly line of Grantor's property, a distance of four hundred sixty one and ninety four hundredths (461.94) feet; thence deflecting right 89º49'31" and running southerly along the easterly line of Grantor's property, a distance of twenty (20.0) feet; thence deflecting right 90º10'29" and running westerly parallel to the northerly line of Grantor's property, a distance of four hundred sixty one and one hundredth (461.01) feet to the westerly line of said Lot Four (4); thence deflecting right 92º48'20" and running northerly along the westerly line of said Lot Four (4), a distance of twenty and two hundredths (20.02) feet to the said point of beginning. The above-described easement and right-of-way containing 0.212 acres, more or less, as shown on the plat dated May 2, 2005, 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 Bradley R. Petersen and Amy S. Petersen husband and wife, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-139 - Approving Bid Award for Water Main District 449T - North Road and Faidley Avenue Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader; DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: May 10, 2005 Subject: Bid Award – Water Main District 449T Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background A part of the Water Department’s master plan includes the expansion of the City’s Rogers Pumping Station located at the intersection of Old Potash and North Road. That project is currently underway. Associated with the pump station work, is the construction of additional water lines capable of handling the increased pumping capacity. Water Main District 449T was created to extend a 24” dia meter trunk line north along North Road, from the Roger’s pump station to Greenwood Drive. A new 12” diameter water main is designed to extend east, within the Faidley Avenue right-of-way, from North Road to Claude Road extended. The construction will provide increased capacity and pressure to the existing and developing areas in the west and northwest portions of the City. Attached is a copy of the district plat, indicating the limits of the project. Discussion The proposed construction would be done as a “connection fee district”, which has been the Department’s standard method for installing trunk-line expansions in undeveloped areas. The associated water connection charges would not be collected from the property owners until the area develops and the water main is actually “tapped” for service. Six potential contractors, along with five plan information agencies, received the bid request information. In accordance with City Procurement Codes, bids were publicly opened at 11:00 am on April 28, 2005. Below is a tabulation of the three bids received: BIDDER: Starostka Group Unlimited Diamond Engineering Co. General Excavation Grand Island, NE Grand Island, NE Lincoln, NE EXCEPTIONS: None None None BID: $317,802.96 $333,229.26 $430,028.60 COMPLETION: 90 days September 30, 2005 120 days Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the award of Water Main District 449T, North Road and Faidley Avenue, to the Starostka Group Unlimited, Inc. 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 for Water Main District 449T to the Starostka Group Unlimited, Inc., in the amount of $317,802.96. The bid is below the project estimate of $404,000; is complete and without exceptions, and meets all City contract requirements. Sample Motion Motion to approve the bid award for construction of Water Main District 449T to the Starostka Group Unlimited, Inc., of Grand Island, Nebraska. 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: April 28, 2005 at 11:00 a.m. FOR: Water Main District 449T DEPARTMENT: Utilities ESTIMATE: $404,000.00 FUND/ACCOUNT: 525 PUBLICATION DATE: April 13, 2005 NO. POTENTIAL BIDDERS: 5 SUMMARY Bidder: Diamond Engineering Starostka Group Co. Grand Island, NE Grand Island, NE Bid Security: Universal Surety Company Merchants Bonding Company Exceptions: None None Bid Price: $333,229.26 $317,802.96 Bidder: General Excavating Lincoln, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $430,028.60 cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director Tom Barnes, Utilities Eng. Manager Pat Gericke, Utilities Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P995 Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-139 WHEREAS, the City of Grand Island invited sealed bids for Water Main District No. 449T, according to plans and specifications on file with the Utility Engineering Office at Phelps Control Center; and WHEREAS, on April 28, 2005, bids were received, opened and reviewed; and WHEREAS, Starostka Group Unlimited, 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 $317,802.96; and WHEREAS, such bid is below 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 Starostka Group Unlimited, Inc. of Grand Island, Nebraska, in the amount of $317,802.96 for Water Main District No. 449T is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-140 - Approving Agreement with Grand Island Softball Association Tuesday, May 10, 2005 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: May 10 2005 Subject: Approving Agreement with Grand Island Softball Association Item #’s: G-12 Presenter(s): Steve Paustian, Parks and Recreation Director Background The Park and Recreation Department has worked with the Grand Island Softball Association (GISBA) to provide softball leagues for the adult citizens of Grand Island and surrounding communities for over 25 years. Discussion A new contract with the GISBA is before you tonight. The only modification to the previous contract is to increase the user fees to help offset increased maintenance costs associated with the fields used by the GISBA. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the agreement 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 agreement with the Grand Island Softball Association. Sample Motion Motion to approve agreement with the Grand Island Softball Association. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-140 WHEREAS, the Grand Island Softball Association, Inc., a Nebraska non-profit corporation, has accepted responsibility for organizing and supervising the softball program at the Fonner Park Softball Complex; and WHEREAS, the City of Grand Island has agreed to provide maintenance of the playing fields; and WHEREAS, a formal agreement has been agreed to by the City and the Grand Island Softball Association, Inc. pertaining to softball program at the Fonner Park Softball Complex. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Grant Island Softball Association, Inc. is hereby authorized to organize and supervise the softball program at the Fonner Park Softball Complex, with the City providing maintenance in accordance with the terms of the agreement. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute the agreement with the Grand Island Softball Association, Inc. pertaining to such softball program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-141 - Approving Renewal of Lease at Cornhusker Army Ammunition Plant for Storage Building Tuesday, May 10, 2005 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: May 10, 2005 Subject: Approving Renewal of Leases at Cornhusker Army Ammunition Plant for Storage Buildings Item #’s: G-13 Presenter(s): Douglas R. Walker, City Attorney Background On May 22, 2001, City Council approved the leasing of several buildings at the former Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132. The leases that were approved provide for an automatic one year renewal requested by the lessees. The resolution that is presented for Council consideration would authorize the city to renew the lease on Building No. A-30 and an adjacent parking lot located on city property at the former Cornhusker Army Ammunition Plant. Discus sion The city purchased property at the former Cornhusker Army Ammunition Plant that had several buildings located on it. The city has been leasing this building to the State of Nebraska, Department of Administrative Services, State Building Division to obtain revenue and utilize this asset. The lessee has greed to pay the cost of installing new electric service to this building and the owner would like to renew the lease for another year. There have not been any problems with damage to the property or with non payment of rent and city Parks & Recreation officials are recommending that the Council extend the lease for an additional year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the resolution authorizing the city to extend the leases for another year. 2. Disapprove the resolution which would not permit the city to enter into leases for another year. 3. Modify the resolution or the leases to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the resolution authorizing the extension of the leases for an additional year. Sample Motion Approve the resolution authorizing the city to extend the leases for an additional year. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-141 WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by the US Army Corp of Engineers during their ownership of the property; and WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved a Building Lease with the Nebraska State Patrol pending development of the property; and, WHEREAS, the lease provides an automatic one-year renewal if requested by the Lessee; and WHEREAS, the Nebraska State Patrol has requested that such lease be extended; and WHEREAS, existing electrical service lines to the building need to be relocated in preparation for the construction a public rifle range; and WHEREAS, the Nebraska State Patrol requires 3-phase electrical service for the building rather than a basic single phase service line; and WHEREAS, the Nebraska State Patrol has agreed to pay the $2,465 cost of the upgrade to 3-phase electrical service line in connection with such electrical service relocation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Lease at the former Cornhusker Army Ammunition Plant utilized by the Nebraska State Patrol is hereby extended for an additional year. BE IT FURTHER RESOLVED, that the electrical service lines providing electrical power to such building shall be relocated with the $2,465 cost of the upgrade to a 3-phase electrical service line to be paid by the Nebraska State Patrol. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-142 - Approving Continuation of Sanitary Sewer No. 517, Deadwood Subdivision (Arch Avenue & Johnstown Road Area) Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Continuation of Sanitary Sewer No. 517, Deadwood Subdivision Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background Sanitary Sewer District 517 was created at the regular City Council meeting on March 22, 2005. Legal Notice of the creation of the District was published in the Grand Island Independent on March 29, 2005. A letter of notification was also sent to all property owners on March 29, 2005. Discussion The protest period for Sanitary Sewer District 517 ended at 5:00 p.m. on Thursday, April 28, 2005. There were no valid protests filed against this district. There was one protest filed by an abutting property owner wherein the right to protest had been waived by the Subdivision agreement. This property owner represented 113.0 front feet, or 12.48 % of the total district frontage of 905.17 feet. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. 1. Make a motion to approve the continuation of Sanitary Sewer District 517, Deadwood Subdivision. 2. Refer the issue to a Committee. 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the continuation of Sanitary Sewer District 517; within Deadwood Subdivision. Sample Motion Move to approve the continuation of Sanitary Sewer District # 517. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-142 WHEREAS, Sanitary Sewer District No. 517 was created by Ordinance No. 8968 on March 22, 2005; and WHEREAS, notice of the creation of such sewer district was published in the Grand Island Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed; and WHEREAS, the protest period ended on April 28, 2005, and no valid protests have been filed against the creation of such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Sanitary Sewer District No. 517, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-143 - Approving Amendment for Community Development Block Grant Funds This item relates to the aforementioned Public Hearing Item E-6. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Marsha Kaslon City of Grand Island City Council Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-143 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to apply for and receive funding under the Housing and Community Development Act of 1974 as amended, for Small Cities Community Development Block Grant (CDBG) Program, and Cranston-Gonzalez National Affordable Housing Act of 1990 (HOME Program) funds distributed by the Department of Economic Development through the Affordable Housing Program; and WHEREAS, the City of Grand Island has received funds for rehabilitation of residential owner-occupied homes, for lead-based paint assessment and/or remediation and for general administration; and WHEREAS, it is recommended that the Community Development Block Grant project area be expanded to encompass the entire city; and WHEREAS, a public hearing was held on May 10, 2005 with respect to expanding the service area, and received favorable public comment. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Community Development Block Grant project area be expanded to encompass the entire city of Grand Island for purposes of providing funding assistance as identified above. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-144 - Approving Exchange Bank to the Approved Financial Institutions List for Public Funds Tuesday, May 10, 2005 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: May 10, 2005 Subject: Approving Exchange Bank to the Approved Financial Institutions List for Public Funds Item #’s: G-16 Presenter(s): Dave Springer, Finance Director Background State Statutes have required that the City Treasurer (Finance Director) deposit funds in banks, capital stock financial institutions, or mutually owned financial institutions of approved and responsible standing as approved by the City Council. Discussion We have received a request from such an institution, Exchange Bank, 1204 Allen Drive, Grand Island, to be added to our list of approved depositories of public funds. Approval is recommended. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the resolution. Sample Motion Motion to approve Exchange Bank to be added to the Approved Financial Institutions List for Public Funds. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-144 WHEREAS, Section 16-712, R.R.S. 1943, the city treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and responsible standing all money collected, received or held by him or her as city treasurer; and WHEREAS, Section 16-713, R.R.S. 1943, the city treasurer may purchase certificates of deposit from and make time deposits in banks or capital stock financial institutions selected as depositories of city funds. WHEREAS, Section 16-714, R.R.S. 1943, for the security of the fund so deposited, the city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. Wells Fargo; U. S. Bank; United Nebraska Bank; Union Bank and Trust Co.; Five Points Bank of Grand Island; Bank One Trust Co. N.A.; Cornerstone Bank; Bank of Doniphan; Heritage Bank; Nebraska Public Agency Investment Trust (NPAIT); The Principal Financial Group; KPM Investment Management, Inc.; Ameritas Life Insurance Corp.; ICMA Retirement Corp.; A.G. Edwards & Sons, Inc.; Ameritas Investment Corp.; Home Federal/Grand Island; the Equitable Building and Loan Association; Platte Valley State Bank & Trust Company, and Exchange Bank be and hereby are, designated and approved as depositories for all money collected, received, or held by the City of Grand Island, Nebraska. 2. The Finance Director or his/her designee, in his official capacity of the office, is directed and authorized to deposit such funds in said banks and capital stock financial institutions. 3. This authorization shall include the deposits of public funds in the hands of the Finance Director or his/her designee belonging to the City of Grand Island, Nebraska; the Compact for the Apprehension of Narcotics and Drug Offenders (CANDO); the High Intensity Drug Trafficking Area (HIDTA), the Tri-City Task Force, the Grand Island Community Redevelopment Authority (CRA); and the Grand Island/Hall County Health Department. 4. The Finance Director or his/her designee is hereby authorized to purchase certificates of deposit, treasury notes, treasury bills, treasury bonds, and or strips from the above named banks and capital stock financial institutions selected as depositories. - 2 - 5. The Finance Director or his/her designee is hereby authorized by the mayor to require the depositories designated by this resolution to give security for the safekeeping and payment of City deposits and the accretion thereof, such security to be in the form and amounts as required by Nebraska statute and the Public Funds Deposit Security Act. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-145 - Approving Renewal of Farm Leases Tuesday, May 10, 2005 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 Gary R. Mader, Utilities Director Steve Riehle, Public Works Director Steve Paustian, Parks & Recreation Director Meeting: May 10, 2005 Subject: Renewal of Farm Leases Item #’s: G-17 Presenter(s): Douglas R. Walker, City Attorney Background The Utilities, Public Works and Parks and Recreation Departments lease lands owned, but not required for actual equipment installations, for agricultural use. This process reduces department maintenance expense and provides revenue from the farming operations. The leases are for one year terms with access for utility purposes guaranteed at any time. Areas included are: unsold property at Platte Valley Industrial Park, Platte Generating Station, Burdick Station, the Well Field, land north of the Wastewater Treatment Plant, land at the former Cornhusker Army Ammunition Plant and the City Landfill. Discussion A summary of the leases for 2005 is listed below: Farm #6 – Platte Valley Industrial Park Larry Knuth 7.5 +/- acres 40% of Alfalfa Farm #7 – Platte Generating Station Mike Lilienthal 255 +/- acres 33% Alfalfa or rotation crops Farm #8 – City Well Field Kenneth Clausen 114 +/- acres 50% Prairie Hay Farm #9 – City Well Field Larry Knuth 520 +/- acres 50% Prairie Hay Farm #10 – City Well Field Jack Webb 650 +/- acres 50% Prairie Hay Farm #11 – GI Industrial Subdivision Mike Peters 116.4 +/- acres $10,500 Cash Rent Farm #11A – Burdick-Rough Hay Meadow Gerald Bremer 16.5 +/- acres $50 Cash Rent Farm #12 – City Landfill Quaring Farms 170 +/- acres $3,500 Cash Rent Farm #16 – CAAP Robert Nunnenkamp 48 +/- acres $3,000 Cash Rent Farm #16 – CAAP Matt Turek 51 +/- acres 33% Prairie Hay Receipt of revenue by the department from the crop share leases depends on success of the farming year. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the annual farm leases. 2. Disapprove the leases. 3. Modify the leases to meet the wishes of the Council. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the farm leases. Sample Motion Approve the farm leases. Approved as to Form ¤ ___________ May 4, 2005 ¤ City Attorney R E S O L U T I O N 2005-145 WHEREAS, the Utilities, Public Works, and Parks and Recreation Departments have negotiated and submitted proposed leases for the 2005 crop year for its crop and hayland; and WHEREAS, approval of these leases is recommended. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the following leases be, and hereby are, approved and the Mayor is authorized and directed to sign the leases on behalf of the City of Grand Island: Property Tenant Acres Rented Rent Share Platte Valley Industrial Park Larry Knuth 7.5 +/- 40% of Alfalfa Platte Generating Station Mike Lilienthal 225 +/- 33% Alfalfa or rotation crops Northwest City Well Field Ken Clausen 114 +/- 50% Prairie Hay Central and Southwest City Well Field Larry Knuth 520 +/- 50% Prairie Hay East City Well Field Jack Webb 650 +/- 50% Prairie Hay City Industrial Subdivision Mike Peters 116 +/- $10,500 Cash Rent Cherry Street Substation Gerald Bremer 16.5 $50 Cash Rent City Landfill Quaring Farms 170 +/- $3,500 Cash Rent CAAP Robert Nunnenkamp 48 +/- $3,000 Cash Rent CAAP Matt Tureck 51 +/- 33% Prairie Hay - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G18 #2005-146 - Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Electrical) Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Electrical) Item #’s: G-18 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Division of the Public Works Department advertised for bids for Final Clarifier Improvements (Electrical) the on April 18, 2005. Discussion One bid was received and opened on May 5, 2005. The Waste Water Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bid that was received. The bid was submitted in compliance with the contract, plans, and specifications. A summary of the bid is shown below. Bidder Exceptions Bid Security Total Middleton Electric, Inc. Grand Island, NE None Merchants Bonding Company $38,387.00 The sum of the low bids for all three portions of the project (Electrical, Painting, and Installation) is $356,529.00. The engineer’s opinion of cost for all three portions of the project was $879,600.00. There are sufficient funds in Account No. 53030054-85213 for this purchase. 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 bid to the lowest bidder, Middleton Electric, Inc., for the Final Clarifier Improvements (Electrical). 2. Refer the issue to a Committee 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the bid to the lowest bidder, Middleton Electric Inc., in the amount of $38,387.00. Sample Motion Move to approve the bid for the Final Clarifier Improvements (Electrical), to Middleton Electric Inc., of Grand Island, NE in the amount of $38,387.00. 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: May 5, 2005 at 10:00 a.m. FOR: Final Clarifier Improvements (Electrical) DEPARTMENT: Public Works ESTIMATE: $879,600.00 (Electrical, Painting, & Installation) FUND/ACCOUNT: 5300054-85213 PUBLICATION DATE: April 18, 2005 NO. POTENTIAL BIDDERS: 22 SUMMARY Bidder: Middleton Electric, Inc. Grand Island, NE Bid Security: Merchants Bonding Company Exceptions: None Bid Price: $38,387.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. Public Works Dir. Ben Thayer, WWTP Supt. Danelle Collins, Assist. Admin. PW Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P997 Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-146 WHEREAS, the City of Grand Island invited sealed bids for Construction of Final Clarifier Improvements (Electrical), Project 2003-WWTP-2B, according to plans and specifications on file with the City Clerk and with CH2M Hill; and WHEREAS, on May 5, 2005, bids were received, opened and reviewed; and WHEREAS, Middleton Electric, 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 $38,387.00; and WHEREAS, the sum of the low bids for all three portions of the project (electrical, painting, and installation) is below 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 Middleton Electric, Inc. of Grand Island, Nebraska, in the amount of $38,387.00 for Construction of Final Clarifier Improvements (Electrical), Project 2003-WWTP-2B is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G19 #2005-147 - Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Painting) Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Painting) Item #’s: G-19 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Division of the Public Works Department advertised for bids for Final Clarifier Improvements (Painting) on April 18, 2005. Discussion One bid was received and opened on May 5, 2005. The Waste Water Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bid that was received. The bid was submitted in compliance with the contract, plans, and specifications. A summary of the bid is shown below. Bidder Exceptions Bid Security Total HEG Painting Company, Inc. Cherokee, IA None Merchants Bonding Company $136,310.00 The sum of the low bids for all three portions of the project (Electrical, Painting, and Installation) is $356,529.00. The engineer’s opinion of cost for all three portions of the project was $879,600.00. There are sufficient funds in Account No. 53030054-85213 for this purchase. 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 bid to the lowest bidder, HEG Painting Company, Inc., for Final Clarifier Improvements (Painting). 2. Refer the issue to a Committee 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the bid to the lowest bidder, HEG Painting Company, Inc., in the amount of $136,310.00. Sample Motion Move to approve the bid for the Final Clarifier Improvements (Painting) to HEG Painting Company, Inc., of Cherokee, IA in the amount of $136,310.00. 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: May 5, 2005 at 10:00 a.m. FOR: Final Clarifier Improvements (Painting) DEPARTMENT: Public Works ESTIMATE: $879,600.00 (Painting, Electrical & Installation) FUND/ACCOUNT: 5300054-85213 PUBLICATION DATE: April 18, 2005 NO. POTENTIAL BIDDERS: 22 SUMMARY Bidder: HEG Painting Company, Inc. Cherokee, IA Bid Security: Merchants Bonding Company Exceptions: None Bid Price: $136,310.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. Public Works Dir. Ben Thayer, WWTP Supt. Danelle Collins, Assist. Admin. PW Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P997 Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-147 WHEREAS, the City of Grand Island invited sealed bids for Construction of Final Clarifier Improvements (Painting), Project 2003-WWTP-2C, according to plans and specifications on file with the City Clerk and with CH2M Hill; and WHEREAS, on May 5, 2005, bids were received, opened and reviewed; and WHEREAS, HEG Painting Company, Inc. of Cherokee, Iowa, 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 $136,310.00; and WHEREAS, the sum of the low bids for all three portions of the project (electrical, painting, and installation) is below 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 HEG Painting Company, Inc. of Cherokee, Iowa, in the amount of $136,310.00 for Construction of Final Clarifier Improvements (Painting), Project 2003-WWTP-2C is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item G20 #2005-148 - Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Installation) Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Approving Bid Award for Final Clarifier Improvements for the Wastewater Treatment Plant (Installation) Item #’s: G-20 Presenter(s): Steven P. Riehle, Public Works Director Background The Wastewater Division of the Public Works Department advertised for bids for Final Clarifier Improvements (Installation) on April 18, 2005. Discussion Six bids were received and opened on May 5, 2005. The Waste Water Division of the Public Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bids that were received. All bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Bidder Exceptions Bid Security Total A & D Millwright, Inc. Alda, NE None AMCO Insurance Co. $279,750.00 Starostka Group Grand Island, NE None Merchants Bonding Co. $371,579.00 Industrial Process Technology, Inc. Fargo, ND None United Stated Fidelity & Guaranty Co. $222,005.00 CAS Construction, Inc. Topeka, KS None Liberty Mutual Insurance $362,000.00 Judds Brothers Construction Lincoln, NE None Inland Insurance Company $548,800.00 The Diamond Engineering Co. Grand Island, NE None Universal Surety Company $181,832.00 The sum of the low bids for all three portions of the project (Electrical, Painting, and Installation) is $356,529.00. The engineer’s opinion of cost for all three portions of the project was $879,600.00. There are sufficient funds in Account No. 53030054-85213 for this purchase. 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 bid to the lowest bidder, The Diamond Engine ering Co., for the Final Clarifier Improvements (Installation). 2. Refer the issue to a Committee 3. Postpone the issue to a future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the bid to the lowest bidder, The Diamond Engineering Co., of Grand Island, NE in the amount of $181,832.00. Sample Motion Move to approve the bid for Final Clarifier Improvements (Installation) to The Diamond Engineering Co., in the amount of $181,832.00. 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: May 5, 2005 at 10:00 a.m. FOR: Final Clarifier Improvements (Installation) DEPARTMENT: Public Works ESTIMATE: $879,600.00 FUND/ACCOUNT: 5300054-85213 PUBLICATION DATE: April 18, 2005 NO. POTENTIAL BIDDERS: 22 SUMMARY Bidder: A & D Millwright, Inc. Starostka Group Alda, NE Grand Island, NE Bid Security: AMCO Insurance Co. Merchants Bonding Co. Exceptions: None None Bid Price: $279,750.00 $371,579.00 Bidder: Industrial Process Technology, Inc. CAS Construction, Inc. Fargo, ND Topeka, KS Bid Security: United States Fidelity & Guaranty Co. Liberty Mutual Insurance Exceptions: None None Bid Price: $222,005.00 $362,000.00 Bidder: Judds Bros. Construction The Diamond Engineering co. Lincoln, NE Grand Island, NE Bid Security: Inland Insurance Company Universal Surety Company Exceptions: None None Bid Price: $548,800.00 $181,832.00 Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-148 WHEREAS, the City of Grand Island invited sealed bids for Construction of Final Clarifier Improvements (Installation), Project 2003-WWTP-2A, according to plans and specifications on file with the City Clerk and with CH2M Hill; and WHEREAS, on May 5, 2005, 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 $181,832.00; and WHEREAS, the sum of the low bids for all three portions of the project (electrical, painting, and installation) is below 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 $181,832.00 for Construction of Final Clarifier Improvements (Installation), Project 2003-WWTP-2A is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Ray and Dianne Stahla to Amend Mobile Home Park Permit Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis, Building Department Director Meeting: May 10, 2005 Subject: Request to Amend Mobile Home Park Permit for Stahla Mobile Home Park, 2200 Block of South Engleman Road Item #’s: H-1 Presenter(s): Craig Lewis Background Stahal Mobile Home Park is located on South Engleman Road, it provides 60 mobile home spaces and one recreational vehicle space. The park has been in existence for at least two decades. This is a request to amend the mobile home park permit for Stahla Mobile Home Park to allow for an existing recreational vehicle site to be further divided to create one additional location for a recreational vehicle, bringing the total spaces in the park for recreational vehicles to two. Section 21-6 of the Grand Island City Code provides that parks may have spaces for recreational vehicles provided that such spaces are identified on the park plan filed , and shall not exceed twenty percent of the total number of spaces. Any revisions or additions to such plan must be reviewed and approved by the City Council. Discussion In reviewing the proposal, the applicant is requesting to divide existing lot 59 into two lots or spaces each providing 5,000 square feet in area, that area is in excess of the minimum 3,000 square feet required in the City Code. A single electrical service with two meters is proposed, both of those meters would be required to be billed to the park as the City has no desire to establish a billing process for these transient type of occupancies. The water and sewer services provided for these spaces appears adequate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request 2. Disapprove or /Deny the request 3. Modify the request to meet the wishes of the Council 4. Table the issue Recommendation City Administration recommends that the Council approve the request to allow for one additional Recreation Vehicle site. Sample Motion Motio n to approve the request to amend the Mobile Home Park Plan for Stahla Mobile Home Park by dividing space #59 into two recreational vehicle sites. Item H2 Consideration of Referral to the Regional Planning Commission the Request from Jeremy and Tina Trotter for Property Located in the S1/2 SW 1/4 of Section 3-11-9 and other properties as suggested by City administration for Annexation into the City of Grand Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Council Agenda Memo From: Hall County Regional Planning Department Meeting: May 10, 2005 Subject: Annexation of properties adjacent to City Limits Item #’s: H-2 Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director Background A request has been received to consider annexation of property located north of Capital Avenue and east of St. Paul Road. The owners of 1024 Capital Avenue wish to connect to city sewer available in Capital Avenue. City administration is suggesting that additional annexation actions be taken by council for properties adjacent to 1024 Capital Avenue and for properties purchased by the waste water utility department near the waste water treatment plant as well as two areas of street right of way that were not officially annexed but because of statutory requirements are the responsibility of the City of Grand Island. Discussion Nebraska Revised Statute §16-117 provides for the process of annexation the first step of which is for the Mayor and City Council to refer the matter to the Regional Planning Commission for a recommendation. This will be followed by the process as outlined in the attached schedule. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Refer the annexation request and areas suggested by City Administration to the Hall County Regional Planning Commission. 2. Choose not to refer the annexation request and areas suggested by City Administration to the Hall County Regional Planning Commission. 3. Modify the annexation request and areas suggested by City Administration to the Hall County Regional Planning Commission only referring those areas of interest to council for annexation. 4. Table the issue Recommendation 5. City Administration recommends that the Council refer the annexation request and areas suggested by City Administration to the Hall County Regional Planning Commission. Sample Motion Refer the annexation request and areas suggested by City Administration to the Hall County Regional Planning Commission for a public hearing and recommendation. TIMELINE 2005 Annexation 05-10-2005 City Council Meeting. Referral of areas considered for annexation to Regional Planning Commission for hearing and recommendation. 05-21-2005 Notice of public hearing re: annexation published in Grand Island Independent for Regional Planning Commission meeting. [§19-929] 06-01-2005 Planning Commission Meeting. Commissioners to make recommendation on annexation of land into the City of Grand Island. 06-14-2005 City Council Meeting. Resolution indicates the city is (1) considering annexation, (2) approves and adopts the annexation plan, and (3) scheduling a public hearing for June 28, 2005. Annexation plan for extension of city services to be on file with the City Clerk. [§16-117] 06-14-2005 Annexation Plan for the extension of city services to the annexed area to be on file with the City Clerk for public review and inspection during regular business hours. 06-15-2005 Upon approval of resolution on 6/14/05, City Clerk sends copy of resolution to the school board of the school district in the land proposed for annexation. 06-16-2005 Notice of Public Hearing before City Council to be published in the Grand Island Independent. Notice must be published at least once, not less than 10 days prior to date of hearing. 06-28-2005 Public Hearing re: annexation. Title of ordinance to be read at council meeting. (1st time) [§16-404] 07-12-2005 Title of ordinance to be read at council meeting. (2nd time) 07-26-2005 Title of ordinance to be read at council meeting. (3rd time) Annexation Ordinance approved by City Council. 08-10-2005 Annexation Ordinance becomes effective. SUB. B & C STUHR ROADSTOLL E Y P A R K R O A D FONN E R P A R K PART O F S. E. 1/ 4, S. E. 1/ 4 SECTI O N 2 2- 1 1- 9 Item I1 #2005-149 - Approving Notification to Property Owners to Install Sidewalk; Various Locations within Grand Island Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Approving Notification to Property Owners to Install Sidewalk; Various Locations within Grand Island Item #’s: I-1 Presenter(s): Steven P. Riehle, Public Works Director Background Council action is required to send notification to property owners to install sidewalk. A five-year sidewalk plan will be reviewed at a council study session every year. After the study session, council will be asked to pass a resolution approving the first year of the plan. Maps of the five-year sidewalk plan are on file with the City Clerk and the Public Works Department. At the November 16, 2004 Study Session, the Public Works Department presented a Five-Year Sidewalk Plan. A few recommendations were made by the City Council. The new plan reflects these recommendations. Discussion City staff will send letters to all impacted property owners listed in year one of the plan asking them to install sidewalk along their property. If the sidewalks are not installed by June 30, 2006, a sidewalk district will be created so the city can hire a contractor to install the sidewalks and assess the cost to the property. A list of the areas for sidewalks to be installed by June 30, 2006 is summarized below. Year 1 (Install by June 30, 2006) - West side of Brentwood Blvd from Woodridge Blvd to Stolley Park Road - East side of Brentwood Blvd from Brentwood Place to Stolley Park Road - Both sides of Cherry Street from Nebraska Avenue to Bismark Rd - West side of Wheeler Avenue from 18th Street to Capital Avenue - South side of Capital Avenue from Broadwell Avenue to Wheeler Avenue - Both sides of Pioneer Blvd from Blaine Street east to existing sidewalk - North side of College Street from Webb Road to Rue de College - Both sides of Adams Street for 2 blocks south of Stolley Park Road - North side of Fonner Park Road from Locust Street to Sycamore Street - West side of Pine Street from Fonner Park Road to South Street - South side of 13th Street from Allen Drive to Webb Road - North side of Kruse Avenue from 4th Street to Capital Avenue - Both sides of Cottage Street from Kruse Avenue to Lafayette Avenue - North side of Cottage Street between Kruse Avenue and Taylor Avenue - East side of Taylor Avenue between Cottage Street and Capital Avenue - North side of Capital Avenue from Broadwell Avenue to Huston Avenue - North side of State Street from Webb Road to Hancock Avenue - West side of Webb Road from State Street to Capital Avenue - East side of Custer Avenue from George Street to Old Potash HWY - South side of Del Monte Avenue from Doreen Street to Curtis Street - West side of Curtis Street from Del Monte Avenue to Del Monte Avenue - Both sides of Cedar Street from 4th Street to North Front Street - Both sides of Adams Street from Anna Street to Phoenix Avenue - Both sides of Hedde Street from Eddy Street to Locust Street - Both sides of Elm Street from Anna Street to Locust Street - East side of Broadwell at 1315 N. Broadwell - East and West side of lot at 1107 N. Broadwell - South side of 13th Street from Webb Road to Kennedy Avenue - South side of State Street and west side of 17th Street at 420 W 17th Street · East side of Kennedy Drive from Faidley Ave nue to Magnolia Court (Added at 11/14/04 Study Session) · West side of Kennedy Drive from Faidley Avenue to Memphis Place · North side of Capital Ave from Independence Ave to North Road (Moved from Year 2 to Year 1 at 11/14/04 Study Session; South side of Capital Avenue from Gateway to Independence was moved from year 1 to year 2) ****All locations for sidewalk apply except where sidewalks already exist**** Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve authorization for City Staff to send out letters of notification to install sidewalk. 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 authorization for City Staff to send out letters of notification to install sidewalk, to be installed by June 30, 2006. Sample Motion Approve authorization to send out notices to install sidewalks. Capital Ave Engleman RdNorth Rd2006 13th St 20052008 2007 20092006 20072 0 0 6 •2009Capital Ave St Paul Rd4thStreet 20072006Cherry StPlumb StBismark Rd 2005 Capital Ave Webb Rd13th St Wheeler AveBroadwell AveState St 2005 2009 Fonner Park RdCherry StLocust St Adams StStolley Park Rd Stagecoach Rd Blaine St20052006 2008 20072009 2005 Stolley Park Rd Blaine St20062 0 0 8 2009 20052006 EXHIBIT "A" Sidewalk Installation Area - West side of Brentwood Blvd from Woodridge Blvd to Stolley Park Road - East side of Brentwood Blvd from Brentwood Place to Stolley Park Road - Both sides of Cherry Street from Nebraska Avenue to Bismark Rd - West side of Wheeler Avenue from 18th Street to Capital Avenue - South side of Capital Avenue from Broadwell Avenue to Wheeler Avenue - Both sides of Pioneer Blvd from Blaine Street east to existing sidewalk - North side of College Street from Webb Road to Rue de College - Both sides of Adams Street for 2 blocks south of Stolley Park Road - North side of Fonner Park Road from Locust Street to Sycamore Street - West side of Pine Street from Fonner Park Road to South Street - South side of 13th Street from Allen Drive to Webb Road - North side of Kruse Avenue from 4th Street to Capital Avenue - Both sides of Cottage Street from Kruse Avenue to Lafayette Avenue - North side of Cottage Street between Kruse Avenue and Taylor Avenue - East side of Taylor Avenue between Cottage Street and Capital Avenue - North side of Capital Avenue from Broadwell Avenue to Huston Avenue - North side of State Street from Webb Road to Hancock Avenue - West side of Webb Road from State Street to Capital Avenue - East side of Custer Avenue from George Street to Old Potash HWY - South side of Del Monte Avenue from Doreen Street to Curtis Street - West side of Curtis Street from Del Monte Avenue to Del Monte Avenue - Both sides of Cedar Street from 4th Street to North Front Street - Both sides of Adams Street from Anna Street to Phoenix Avenue - Both sides of Hedde Street from Eddy Street to Locust Street - Both sides of Elm Street from Anna Street to Locust Street - East side of Broadwell at 1315 N. Broadwell - East and West side of lot at 1107 N. Broadwell - South side of 13th Street from Webb Road to Kennedy Avenue - South side of State Street and west side of 17th Street at 420 W 17th Street · East side of Kennedy Drive from Faidley Avenue to Magnolia Court · West side of Kennedy Drive from Faidley Avenue to Memphis Place · North side of Capital Ave from Independence Ave to North Road ****Sidewalks shall be installed as indicated above, except where sidewalks already exist.**** Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-149 WHEREAS, Section 32-58 of the Grand Island City Code authorizes the City Council to give notice to property owners to construct sidewalks contiguous to the street side boundary lines of any lot, tract or parcel of land within the city; and WHEREAS, at the November 16, 2004 City Council Study Session, it was suggested that a 5-year Sidewalk Plan be implemented to encourage property owners to install sidewalks in various priority areas; and WHEREAS, in accordance with such Five-Year Sidewalk Plan, it is recommended that the City contact the property owners of the property identified on the attached Exhibit "A", giving them notice to construct such sidewalk according to the provisions set out in Section 32-58 of the Grand Island City Code by June 30, 2006; and WHEREAS, if the sidewalks are not installed on such property by June 30, 2006, a Sidewalk District shall be created for the installation of sidewalks, with the costs assessed to the property owners. 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 give notice to the owners of the property identified on Exhibit "A" attached hereto, to install sidewalks by June 30, 2006. BE IT FURTHER RESOLVED, that if such sidewalks have not been installed by June 30, 2006, the City shall create a Sidewalk District for the installation of such sidewalk, with the costs to be assessed to the property owner. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item I2 #2005-150 - Approving Authorization to Perform Emergency Repair on Sanitary Sewer Main located in the Alley between 5th Street and 6th Street from Kimball to Oak Street Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: Steve Riehle, City Engineer/Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: May 10, 2005 Subject: Approving Authorization to Perform Emergency Repair in the Alley between 5th Street and 6th Street from Kimball to Oak Street Item #’s: I-2 Presenter(s): Steven P. Riehle, Public Works Director Background On April 25, 2005, a sewer line broke in the alley between 5th Street and 6th Street from Kimball to Oak Street. In addition to the broken pipe, the flusher hose and root saw are caught in the sewer pipe. Emergency repairs are needed. Discussion The City procurement code limits the dollar amount whereby City Staff can hire a contractor to no more then $7,500.00. Staff believes the total cost will exceed $7,500.00. We are requesting permission to use the emergency procurement procedures as out lined in section 27-13 of the City Code to acquire services of a contractor to perform the necessary emergency repairs. The Public Works Department contacted The Diamond Engineering Company of Grand Island, NE to assess the repairs needed. The Diamond Engineering Company is qualified to execute such work and is available to complete the emergency repairs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the recommendation to use the City’s emergency procurement procedures and authorize The Mayor to issue a purchase order to the contractor for the work. 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 usage of the City’s emergency procurement procedures and pass a resolution authorizing the Mayor to issue a purchase order for the repairs. Sample Motion Move to approve the usage of the City’s emergency procurement procedures and issue a purchase order to The Diamond Engineering Company for the repairs. Approved as to Form ¤ ___________ May 5, 2005 ¤ City Attorney R E S O L U T I O N 2005-150 WHEREAS, the Wastewater Division of the Public Works Department became aware of a broken sewer between 5th and 6th Streets, and Kimball and Oak Streets; and WHEREAS, immediate repairs are necessary; and WHEREAS, using the City's standard procurement procedures to make repairs will not allow the required repair work to be completed in an acceptable time frame; and WHEREAS, it is in the public interest to proceed immediately with the required repair work; and WHEREAS, it is appropriate and necessary to deal with this emergency by proceeding under Section 27-13 of the Grand Island City Code (1988 ed.) and declare and authorize an emergency procurement procedure; and WHEREAS, the Diamond Engineering Company of Grand Island, Nebraska, is qualified to do such work, and was available and willing to do such work on a very short notice; and WHEREAS, the Diamond Engineering Company will evaluate the damage and report back to city officials with a proposed plan to repair the damage and a cost estimate to make such repairs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the use of the City's emergency procurement procedures in this situation is hereby ratified. BE IT FURTHER RESOLVED, that emergency work shall be completed by the Diamond Engineering Company of Grand Island, Nebraska, after such damage has been evaluated and a proposed plan and cost estimates have been provided to city officials. BE IT FURTHER RESOLVED, that the Public Works Department is authorized to issue a purchase order to the contractor for such project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2005. _______________________________________ RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of April 27, 2005 through May 10, 2005 The Claims for the period of April 27, 2005 through May 10, 2005 for a total amount of $2,964,131.32. A MOTION is in order. Tuesday, May 10, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council