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09-27-2005 City Council Regular Meeting PacketCity of Grand Island Tuesday, September 27, 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 - Associate Pastor Cheryl Lamb, First Presbyterian Church, 2103 West Anna 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 E1 Public Hearing on Request of Perez, Inc. dba El Rodeo for Change of Location for Liquor License "C-61867" from 106 East 3rd Street to 410 East 4th Street Tuesday, September 27, 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: September 27, 2005 Subject: Public Hearing on Request of Perez, Inc. dba El Rodeo, for Change of Location for Liquor License “C-61867” from 106 East 3rd Street to 410 East 4th Street Item #’s: E-1 & G-6 Presenter(s): RaNae Edwards, City Clerk Background Perez, Inc. dba El Rodeo, 106 East 3rd Street has submitted an application for a change in location to their Class “C-61867” Liquor License from 106 East 3rd Street to a new location at 410 East 4th Street. 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 contingent upon final inspections. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the request. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Take no action on the issue. Recommendation City Administration recommends that the Council approve this request. Sample Motion Move to approve the request of Perez, Inc. dba El Rodeo, for a change of location for Liquor License “C-61867” from 106 East 3rd Street to 410 East 4th Street. Item E2 Public Hearing on Request of Connie Hartford, 106 Cherokee Avenue for Conditional Use Permit for Temporary Single Wide Trailer Use during Construction of Single Family Dwelling Located at 106 Cherokee Avenue Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig Lewis, Building Department Director Meeting: September 27, 2004 Subject: Request of Connie Hartford for a Conditional Use Permit for a Temporary Building at 106 Cherokee Avenue Item #’s: E-2 &G-7 Presenter(s) Craig Lewis, Building Department Director Background This request is for approval to utilize the existing single wide mobile home proposed to be moved to the back of the property as a dwelling during the construction of a new modular home on the property. The applicant is requesting approval for a one year period. Discussion The City code allows for temporary uses if approved by the City council in the form of a conditional use permit. Similar requests have been granted in the past to allow for a temporary dwelling to be utilized on the property during the construction of a new single family dwelling on larger parcels of land that do not appear to negatively impact the neighborhood. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the Conditional Use Permit. 2. Disapprove or /Deny the Conditional Use Permit. 3. Modify the Conditional Use Permit to meet the wishes of the Council. 4. Table the issue. Recommendation City Administration recommends that the Council approve the requested Conditional Use Permit with the following cond itions, 1). The time limit is for one year from the date of the building permit issued for a new single family dwelling on the property. 2). The existing mobile home is connected to all utilities in a manor approved by the City Building Department. Sample Motion Approve the Conditional Use Permit to allow for the placement of a temporary mobile home with the recommended two conditions. Item E3 Public Hearing on Acquisition of Real Estate for Library Building Addition from the Library Facilities Corporation Tuesday, September 27, 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: September 27, 2005 Subject: Public Hearing on Acquisition of Real Estate for Library Building Addition from the Grand Island Facilities Corporation Item #’s: E-3 & G-20 Presenter(s): Douglas R. Walker, City Attorney Background Nebraska State Statutes require that the acquisition of real property must be approved by the City Council. A public hearing for the acquisition of this property is being done to meet the requirements of Neb. Rev. Stat., §18-1755 and Neb. Rev. Stat., §25-2505. Subsequent to the public hearing, item G-23 will be for approval of a resolution authorizing the acquisition of this property. Discussion The Grand Island Facilities Corporation has entered into a contract for the construction of an addition to the Edith Abbott Memorial Library. This addition to the library is to be built on land owned by the city that is west of the current library building. The city has entered into a lease purchase agreement to acquire the addition to the city library building from the Facilities Corporation and this building is considered real estate for statutory purposes. It is therefore necessary for the City Council to hold a public hearing on the acquisition of the building from the Facilities Corporation and approve a resolution authorizing the city to acquire this real property. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Pass a resolution approving the acquisition of the building addition to the city library. 2. Do not pass a resolution approving the acquisition of the building addition to the city library. 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 building addition to the city library as set forth above. Sample Motion Motion to approve the resolution authorizing the acquisition of the building addition to the city library building. Item E4 Public Hearing Concerning Acquisition of Utility Easement - 401 N. Eddy - 4th & Eddy Plaza, LLC Tuesday, September 27, 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: September 27, 2005 Subject: Acquisition of Utility Easement – Behind 401 N. Eddy 4th & Eddy Plaza, LLC Item #’s: E-4 & 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 4th & Eddy Plaza, LLC, located behind Family Eyecare Center in the alley at 401 North Eddy, in the City Of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement will be used to place underground electrical cable and a pad-mounted transformer to serve the expanded business. 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 Acquisition of Utility Easement 620 North Diers Avenue - West Faidley Medical Center, LLC Tuesday, September 27, 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: September 27, 2005 Subject: Acquisition of Utility Easement – 620 North Diers Avenue – West Faidley Medical Center, LLC Item #’s: E-5 & 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 West Faidley Medical Center, LLC, located at 620 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 This easement will be used to install underground cable and a pad-mounted transformer to provide electrical service to the new West Faidley Medical Center. 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 F1 #9008 - Consideration of Issuing Bonds for the Library Building Expansion Tuesday, September 27, 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: September 27, 2005 Subject: Consideration of Issuing Bonds for the Library Building Expansion Item #’s: F-1 Presenter(s): Douglas R. Walker, City Attorney Background Part of the process of obtaining the necessary financing to proceed with the Grand Island City Library project is the issuance of bonds by the Grand Island Facilities Corporation on behalf of the City of Grand Island so that the addition to the Edith Abbott Memorial Library can be constructed. It is necessary for the Council to pass an ordinance approving the issuance of these bonds for the library building addition. As part of the process of approving the bonds, it is also necessary to approve an addendum to the Lease Purchase Agreement to reflect the final terms for payments on the bonds. The Council also needs to approve the addendum to the design/build contract, the Trust Indenture Security and the Bond Purchase Agreement as part of the process for financing the library project. Discussion The Grand Island Facilities Corporation is in the process of obtaining financing for the construction of the addition to the Edith Abbott Memorial Library. The Facilities Corporation has entered into a contract for constructio n of a 25,000 square foot addition to be located on the west side of the existing city library building. To finance this addition to the city library it will be necessary for the Grand Island Facilities Corporation to issue $7,000,000 worth of bonds and the bond payments are to be made from the payments made by the city pursuant to the lease purchase agreement. As part of the financing project it is also necessary for the City Council to approve the issuance of the bonds by the Grand Island Facilities Corporation to complete the process of obtaining funds for the construction of the library. The ordinance will also give Council approval to several other documents that are necessary to the financing process. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Pass the ordinance approving the issuance of bonds for the construction of the addition of the city library. 2. Do not pass the ordinance approving the issuance of bonds for the construc tion of the addition of the city library. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends tha t the Council pass the ordinance approving the issuance of bonds for the construction of the addition to the Grand Island City Library building. Sample Motion Motion to suspend the rules for three separate readings and to pass the ordinance approving the issuance of bonds for the construction of the addition to the library building. Ordinance No. 9008 AN ORDINANCE PROVIDING FOR THE PURCHASE AND LEASING OF AN ADDITION TO THE CITY’S EXISTING LIBRARY FACILITIES; AUTHORIZING EXECUTION AND DELIVERY OF AN ADDENDUM TO LEASE PURCHASE AGREEMENT WITH GRAND ISLAND FACILITIES CORPORATION, AMENDING AND CONFIRMING THE TERMS OF A LEASE PURCHASE AGREEMENT PREVIOUSLY ENTERED INTO, RELATING TO THE CONSTRUCTION AND ACQUISITION OF SAID LIBRARY ADDITION FOR USE BY THE CITY; APPROVING THE EXECUTION OF DOCUMENTS WITH RESPECT TO SAID ADDENDUM; PROVIDING FOR THE ACCEPTANCE OF TITLE; APPROVING AN APPRAISAL; APPROVING THE TERMS OF A TRUST INDENTURE AND SECURITY AGREEMENT; APPROVING AN ADDENDUM TO CONSTRUCTION CONTRACT; MAKING CERTAIN DETERMINATIONS WITH RESPECT TO BONDS TO BE ISSUED UNDER SUCH INDENTURE; APPROVING THE TERMS OF A BOND PURCHASE AGREEMENT; AND PROVIDING FOR THE PUBLISHING OF THIS ORDINANCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA (the “City”) as follows: Section 1. The Mayor and Council hereby find and determine: that the City has previously approved the execution and delivery of that Lease Purchase Agreement dated as of July 12, 2005 (the “Original Lease Purchase Agreement”) by and between the City and Grand Island Facilities Corporation (the “Corporation”), a Nebraska nonprofit corporation; that it is advisable and necessary to supplement and amend the terms of the Original Lease Purchase Agreement in order to provide for the final agreed upon terms relating to the acquisition of an addition to the City’s existing library facilities to serve the City and its inhabitants (the “Project”); that the Corporation has been formed under the Nebraska nonprofit corporation laws exclusively for purposes permitted by Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”); that the Original Lease Purchase Agreement provides for the construction and acquisition of the Project pursuant to the provisions of Section 19-2421, R.R.S. Neb. 1997; that it is necessary and advisable for the terms of the Original Lease Purchase Agreement to be modified to set forth the payments required to be made by the City for the purchase of the Project and relating to the financing to be obtained for the Project by the Corporation and to recognize the construction contractor as a third party beneficiary; that the documents necessary for such purposes have been prepared and said documents should be approved and their execution authorized. Section 2. The City of Grand Island shall enter into the Addendum to Lease Purchase Agreement to be dated as of October 1, 2005, with the Corporation, modifying the terms of the Original Lease Purchase Agreement (the “Addendum” and together with the Original Lease Purchase Agreement, the “Agreement”) and whereby the Corporation will construct and acquire the Project in accordance with specifications approved by the City and with a set schedule of payments relating to the acquisition of the Project and that the Addendum in the form presented at this meeting is hereby approved. Section 3. The Mayor and City Clerk of the City be and they are hereby authorized and directed to execute and deliver on behalf of the City the Addendum, including any necessary counterparts, in substantially the form and content as presented to this meeting, but with such changes or modifications therein as to them seem necessary, desirable or appropriate on behalf of the City; and said Mayor and City Clerk are further authorized and directed to execute and deliver any other documents or certificates and to do all other things necessary or appropriate in connection with the Agreement. Section 4. The Mayor and Council hereby approve the formation of the Corporation, including the Articles of Incorporation and Bylaws thereof and the five directors thereof; and further approve the Trust Indenture and Security Agreement, dated as of October 1, 2005, (the “Indenture”) from the - 2 - Corporation in favor of Wells Fargo Bank, National Association, under which Building Bonds (Library Project), Series 2005, in the aggregate principal amount of $7,000,000 (the “Building Bonds”) are to be issued, and the City hereby approves the issuance of the Building Bonds, in such principal amount and bearing interest as set forth in the Indenture and the sale of said bonds to Ameritas Investment Corp. (the “Underwriter”) in accordance with the terms of a Bond Purchase Agreement dated September 27, 2005 (the “Bond Purchase Agreement”), at the price of $_______________ (which price takes into consideration original issue discount in the amount of $___________, Underwriter’s discount in the amount of $___________ and bond insurance premium to be paid by the Underwriter in the amount of $___________), is hereby approved. The Mayor is hereby further authorized to sign the approval form on the Bond Purchase Agreement on behalf of the City and to approve at the time of closing of the purchase of the Building Bonds the final form of the Indenture. Section 5. In connection with the execution and delivery of the Addendum and the issuance by the Corporation of the Building Bonds, the following determinations and approvals are hereby made by the Mayor and Council: (a) The Complete Appraisal Report of Edith Abbott Memorial Library Addition Located at 221 ± W. 2nd St. Grand Island, Nebraska (When Completely Built) dated July 25, 2005 made by William C. Fischer, MAI #4722 is hereby approved in accordance with Section 13-403, R.R.S. Neb. 1997. (b) The City hereby declares, as provided in the Agreement, that it will take title to the Project (including additions) when the Building Bonds are discharged. (c) The terms of the Addendum to Design/Build Contract Between Owner and Design Builder (the “Contract Addendum”) recognizing the contractor as a third party beneficiary of the Agreement are hereby approved and authorized. The Mayor and City Clerk of the City be and they are hereby authorized and directed to execute and deliver the Contract Addendum, including any necessary counterparts, in substantially the form and content as presented to this meeting, but with such changes or modifications therein as to them seem necessary, desirable or appropriate on behalf of the City. (d) The designation in the Indenture of the City’s Library Director and the City Finance Director to act as Project Manager (and alternate) (as defined in the Indenture) is hereby approved. Section 6. The Mayor and Council hereby state that it is the intention of the City that interest on the Building Bonds issued by the Corporation shall be excludable from gross income under the federal income tax by virtue of Section 103 of the Code and Revenue Ruling 63-20 and Revenue Procedure 82-26 of the Internal Revenue Service and the Mayor and Council hereby authorize the Mayor, the City Clerk and the City Treasurer (Finance Director) (or any one of more of them) to take all actions necessary or appropriate to carry out said intention and for obtaining such interest exclusion. The City hereby covenants with the Corporation for the benefit of the purchasers and holders of the Building Bonds that it will make no use of the proceeds of said issue, including monies held in any sinking fund for the payments set forth in the Addendum or principal and interest on the Building Bonds, which would cause the Building Bonds to be arbitrage bonds within the meaning of Section 103 and 148 and other related sections of the Code and further covenants to comply with said Sections 103 and 148 and related sections and all applicable regulations thereunder throughout the term of said issue, including all requirements with respect to reporting and payment of rebates, if applicable. The Building Bonds, as issued on behalf of the City are hereby designated by the City as “qualified tax-exempt obligations” under Section 265(b)(3)(B)(i)(III) of the Code and the City in connection with entering into the Agreement hereby covenants and warrants that it does not anticipate issuance directly by it or on its behalf of tax-exempt bonds or other tax-exempt interest bearing obligations in an amount exceeding $10,000,000 in calendar 2005 (taking into consideration the exception for current refunding issues). - 3 - Section 7. The Mayor and Council hereby approve the Preliminary Official Statement dated September 12, 2005 with respect to the Building Bonds and hereby authorize the Mayor to approve the final Official Statement for the Building Bonds with appropriate changes to reflect the final terms for the Building Bonds as sold pursuant to the Bond Purchase Agreement. Section 8. This Ordinance shall be in force and take effect from and after its publication as provided by law. Passed and approved this 27th day of September, 2005. _______________________________ Mayor Attest: _______________________________ City Clerk Item F2 #9009 - Consideration of Amending Chapter 2 of the Grand Island City Code Relative to City Council Study Sessions Tuesday, September 27, 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: September 27, 2005 Subject: Consideration of Amending Chapter 2 of the Grand Island City Code Relative to City Council Study Sessions Item #’s: F-2 Presenter(s): Douglas R. Walker, City Attorney Background Section 2-2.1 sets forth the requirements for City Council study sessions. This section of the code currently requires City Council study sessions to be held on the first and third Tuesdays of each month. The code section as currently drafted also requires these meetings to be held at 7:00 p.m. in the City Council Chambers at City Hall. To allow greater flexibility in scheduling study sessions a revision to Section 2-2.1 of the City Code is being proposed for consideration by the City Council. Discussion Section 2-2.1 as currently drafted uses mandatory language requiring study sessions to be held on the first and third Tuesdays of each month at 7:00 p.m. at City Hall. To allow the Council to have more flexibility on the scheduling of study sessions, revisions to Section 2-2.1 have been proposed which makes the study sessions discretionary as needed by the City Council. The revisions to this code section also gives the Council greater flexibility on the time and place where study sessions will be held. The revisions to the code section also require that study sessions be held as public meetings and that notice be given as required by the state statutes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the changes to City Code Section 2-2.1 to create greater flexibility in scheduling study sessions. 2. Do not approve the revisions to the City Code which would leave this code section unchanged. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council approve the changes to Section 2-2.1 of the Grand Island City Code. Sample Motion Motion to suspend the rule for three separate readings and move to pass the ordinance changing Section 2-2.1 of the City Code regarding study sessions. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney ORDINANCE NO. 9009 An ordinance to amend Chapter 2 of the Grand Island City Code; to amend Section 2-2.1 pertaining to City Council Study Sessions; to repeal Section 2-2.1 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 2-2.1 of the Grand Island City Code is hereby amended to read as follows: §2-2.1. City Council; Study Sessions The City Council may shall hold a meeting to be referred to as a "Study Session" as needed and at the discretion of the City Council. on the first and third Tuesdays of each month. Regular study sessions shall be held in the City Council Chambers at City Hall commencing at 7:00 p.m. Special study sessions may be called in the same manner as special meetings in §2-2. Study sessions will be public meetings held at the time and place to be determined by the Council for which notice will be published pursuant to Nebraska statutory requirements. Study sessions shall be conducted to facilitate discussion between members of the Council and shall not be subject to formal parliamentary procedure. No motion, action, or vote of any kind shall be taken on any matter during a Study Session, except upon a motion to recess or to adjourn. SECTION 2. Section 2-2.1 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. ORDINANCE NO. 9009 (Cont.) - 2 - Enacted: September 27, 2005. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Approving Minutes of September 13, 2005 City Council Regular Meeting The Minutes of September 13, 2005 City Council Regular Meeting are submitted for approval. See attached MINUTES. Tuesday, September 27, 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 September 13, 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 September 13, 2005. Notice of the meeting was given in the Grand Island Independent on September 7, 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, Pauly, Hornady, Walker, and Haase. Councilmember Cornelius was absent. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, and Assistant Public Works Director Bud Buettner. INVOCATION was given by Pastor Steve Warriner, Abundant Life Christian Center, 3409 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Walk to D’Feet ALS” September 18, 2005. Mayor Vavricek proclaimed September 18, 2005 as “Walk to D’Feet ALS”. Steve Langan, Awareness & Development Coordinator for the ALS Association and Steve White were present to receive the proclamation. Proclamation “Hispanic Heritage Month” September 15, 2005 through October 15, 2005. Mayor Vavricek proclaimed the month of September 15, 2005 through October 15, 2005 as “Hispanic Heritage Month”. Yolanda Nunzio was present to receive the proclamation. ADJOURN TO BOARD OF EQUALIZATION: Motion by Hornady, second by Pielstick, carried unanimously to adjourn to the Board of Equalization. #2005-BE-5 – Consideration of Determining Benefits for Business Improvement District #3. Finance Director David Springer stated that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #3. Special assessments were for the amount of $34,314.47. #2005-BE-6 – Consideration of Determining Benefits for Business Improvement District #4. Finance Director David Springer stated that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #4. Special assessments were for the amount of $17,349.05. #2005-BE-7 – Consideration of Determining Benefits for Business Improvement District #5. Finance Director David Springer stated that the City Council in its’ capacity as the Board of Equalization was required to determine the benefits for BID #5. Special assessments were for the amount of $80,007.27. Comments were made concerning the parking ramp and a letter of protest received from The Arter Group Ltd. owners of the Yancey Hotel. Cindy Johnson, President of the Chamber of Page 2, City Council Regular Meeting, September 13, 2005 Commerce commented on the history of the parking ramp and the board looking into this. Doug Walker, City Attorney explained the City Code. #2005-BE-8 – Consideration of Determining Benefits for 2004 Weed Abatement Program. Doug Walker, City Attorney reported that under Chapter 17 of the Grand Island City Code, the City had several properties which were not mowed of which the City contracted to have taken care of. The City Council in its’ capacity as the Board of Equalization was required to determine the benefits for the 2004 Weed Abatement Program. Motion by Pielstick, second by Whitesides to approve Resolutions #2005-BE-5, #2005-BE-6, #2005- BE-7, and #2005-BE-8 carried unanimously. Motion adopted. RETURN TO REGULAR SESSION: Motion by Hornady, Second by Pielstick, carried unanimously to return to Regular Session. PUBLIC HEARINGS: Public Hearing on Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for a Class “CK” Liquor License. City Clerk RaNae Edwards reported that H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road had submitted an application with the City Clerk’s Office for a Class “CK” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 18, 2005; notice to the applicant of date, time, and place of hearing mailed on August 26, 2005; notice to the general public of date, time, and place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 for a Class “I” Liquor License. City Clerk RaNae Edwards reported that Ronad Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 had submitted an application with the City Clerk’s Office for a Class “I” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 22, 2005; notice to the applicant of date , time, and place of hearing mailed on August 26, 2005; notice to the general public of date, time, and place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Edwin D. Bolanos dba La Zona Rosa, 613 West 4th Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that Edwin D. Bolanos dba La Zona Rosa, 613 West 4th Street had submitted an application with the City Clerk’s Office for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 29, 2005; notice to the applicant of date, time, and place of hearing mailed on August 29, 2005; notice to the general public of date, time, and place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street for a Class “C” Liquor License. City Clerk RaNae Edwards reported that Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street had submitted an application with the City Clerk’s Office for a Class “C” Liquor License. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on August 31, 2005; notice to the applicant of date, Page 3, City Council Regular Meeting, September 13, 2005 time, and place of hearing mailed on August 31, 2005; notice to the general public of date, time, and place of hearing published on September 3, 2005; and Chapter 4 of the City Code. No public testimony was heard. Public Hearing on Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist Church for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend Road. Craig Lewis, Building Department Director reported that this request was to allow for the construction of an 80 foot telecommunications tower located at 636 Shady Bend Road for the broadcast of a low power FM station. Jeff Greer, 514 Shady Bend Road spoke in opposition. No further public testimony was heard. Public Hearing on Acquisition of Utility Easements (Heartland Events Center – Fonner Park). Bob Smith, Assistant Utilities Director reported that acquisition of utility easements located at the Heartland Events Center at Fonner Park were required in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. These easements would be used to locate primary electrical cable and a pad-mounted transformer to provide electricity to the Heartland Events Center. No public testimony was heard. Public Hearing on Acquisition of Public Utility Easement Located at 1212 Johnstown Road. (Diamond Plastics) Bud Buettner, Assistant Public Works Director reported that acquisition of a public utility easement located at 1212 Johnstown Road was required in order to have access to install, upgrade, maintain, and repair public utilities. The easement would be used for sanitary sewer servic e to Diamond Plastics. No public testimony was heard. Public Hearing on Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley Avenue. (Abundant Life Christian Church) Bud Buettner, Assistant Public Works Director reported that acquisition of a sanitary sewer easement located at 3411 W. Faidley Avenue was required in order to have access to install, upgrade, maintain, and repair public utilities. The easement would be used to extend sanitary sewer from the existing sanitary sewer main on west North Front Street west of Webb Road to the church on Faidley. No public testimony was heard. Public Hearing on General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported that state statutes requires the City to conduct a public hearing if the property tax request changes from one year to the next. Property tax request for the general property tax was $5,212,064, Parking District No. 2 at $13,000, and the Community Redevelopment Authority property tax at $492,540. 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: #9001 – Consideration of Assessments for Business Improvement District #3 #9002 – Consideration of Assessments for Business Improvement District #4 #9003 – Consideration of Assessments for Business Improvement District #5 #9004 – Consideration of Amending Chapter 13 of the Grand Island City Code Relative to Downtown Improvement and Parking District No. 1 Taxes #9005 – Consideration of Amending Chapter 21 of the Grand Island City Code Relative to Recreational Vehicles and Mobile Home Parks Page 4, City Council Regular Meeting, September 13, 2005 #9006 – Consideration of Assessments for 2004 Weed Abatement Program #9007 – Consideration of Vacating Right of Way at 722 East 7th Street 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. David Springer, Finance Director stated Ordinances #9001, #9002, and #9003 related to the action taken earlier during the Board of Equalization. Ordinance #9004 set the tax rate for the FY 2005- 2006 budget. Craig Lewis, Building Department Director reported that Ordinance #9005 would amend the City Code to allow for a reduction in the amount of space provided by Manufactured Home Parks when providing recreational vehicle spaces. Doug Walker, City Attorney stated Ordinance #9006 related to the action taken earlier during the Board of Equalization. Bud Buettner, Assistant Public Works Director reported that Ordinance #9007 would vacate excess right-of-way along 7th Street in front of 722 East 7th Street retaining an easement for an existing water main. Motion by Pielstick, second by Whitesides to approve Ordinances #9001, #9002, #9003, #9004, #9005, and #9006. City Clerk: Ordinances #9001, #9002, #9003, #9004, #9005, and #9006 on first reading. All those in favor of the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinances #9001, #9002, #9003, #9004, #9005, and #9906 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 #9001, #9002, #9003, #9004, #9005, and #9006 are declared to be lawfully adopted upon publication as required by law. Motion by Walker, second by Whitesides to approve Ordinance #9007. City Clerk: Ordinance #9007 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Gilbert, Nickerson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick abstained. Motion adopted. City Clerk: Ordinance #9007 on final passage. All those in favor of the passage of this ordinance on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Meyer, Whitesides, Gilbert, Nickerson, Pauly, Hornady, Walker, and Haase voted aye. Councilmember Pielstick abstained. Motion adopted. Page 5, City Council Regular Meeting, September 13, 2005 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinance #9007 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Consent items G-9, G-18, G-26, G-29, and G-30 were pulled for further discussion. Motion by Hornady, second by Nickerson to approve the Consent Agenda excluding items G-9, G-18, G-26, G-29, and G-30. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of August 23, 2005 City Council Regular Meeting. Approving Request of H & H Catering, Inc. dba H & H Catering, 700 East Stolley Park Road for a Class “CK” Liquor License. Approving Request of Donita Hagemeier, R. R. !, Box 190 East Hwy. 70, Arcadia, Nebraska for Liquor Manager Designation for H & H Catering, 700 East Stolley Park Road. Approving Request of Rona Rae Kucera dba The Flight Deck Restaurant, 3773 Sky Park Road, Suite 5 for a Class “I” Liquor License. Approving Request of Edwin D. Bolanos dba La Zona Rosa, 613 West 4th Street for a Class “C” Liquor License. Approving Request of Dora, Inc. dba Copas d’Oro Bar, 413 West 4th Street for a Class “C” Liquor License. Approving Request of Mateo Martinez, 110 West 11th Street for a Liquor Manager Designation for Copas d’Oro Bar, 413 West 4th Street. Approving Request of Matthew Carr, 3720 West State Street for Liquor Manager Designation for Old Chicago, 3404 West 13th Street. Approving Preliminary Plat for Kaaar Subdivision. #2005-244 – Approving Final Plat and Subdivision Agreement for Luzenac Fourth Subdivision. It was noted that the County of Hall, owner had submitted the final plat for Luzenac Subdivision for the purpose of re-subdividing lot 1 Luzenac Third Subdivision into 2 lots. #2005-245 – Approving Final Plat and Subdivision Agreement for Northview Second Subdivision. It was noted that Melvin & Dorothy Zichek, owners had submitted the final plat for Northview Second Subdivision for the purpose of creating 21 lots on a parcel of land located in the E 1/2 NE 1/4 Section 2-11-10. #2005-246 – Approving Annexation Plan for Properties Located South of Case New Holland, West of US Highway 281 and South of Sandra Road and East of South Locust Street and Scheduling Public Hearing. #2005-247 – Approving Acquisition of Utility Easements (Heartland Events Center – Fonner Park). Page 6, City Council Regular Meeting, September 13, 2005 #2005- 248 – Approving Appointment of Tim Luchsinger as Board Member from the City of Grand Island Utilities Department to the Public Power Generation Agency. #2005-249 – Approving Extension of Interlocal Agreement with Hall County School District No. 40- 002 for School Resource Officers and Crossing Guards. #2005-250 – Approving Certificate of Final Completion with The Diamond Engineering Company of Grand Island, Nebraska for Street Improvement Project 2005-P-1, Claude Road between Old Highway 30 and New Highway 30. #2005-252 – Approving Acquisition of Sanitary Sewer Easement Located at 3411 W. Faidley Avenue (Abundant Life Church). #2005-253 – Approving Changing the Name of the Beltline Hike/Bike Trail to the John Brownell Hike/Bike Trail. #2005-254 – Approving Change Order No. 1 to the Contract with Rathman & Manning Corp. of Chapman, Nebraska for an increase of $650.00 and a Revised Contract Amount of $105,050.00. #2005-255 – Approving Change Order No. 1 to the Contract with The Diamond Engineering Company of Grand Island, Nebraska for Sanitary Sewer District Nos. 510 and 514; American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions, and Bockman Subdivision for an increase of $3,180.60 and a Revised Contact Amount of $355,237.75. #2005-256 – Approving Certificate of Final Completion with The Diamond Engineering Company of Grand Island, Nebraska for Sanitary Sewer District Nos. 510 and 514; American Independence Subdivision, Western Heights Fourth and Fifth Subdivisions, and Bockman Subdivision. #2005-257 – Approving Bid Award for Concrete Ditch Lining Between Arizona and Nevada from Independence to East of Idaho; 2005-D-2 with The Diamond Engineering Company of Grand Island in an Amount of $48,234.75. #2005-258 – Approving Down Payment Assistance Program Subordination Agreement. (David M. Job) #2005-260 – Approving Annual Agreements for Operating System and Database Administration; and Licensing and Support with MUNIS of $18,063.90 and $68,298.43 respectively. #2005-261 – Approving Changes to Parking Restrictions on the North Side of 3rd Street West of Oak Street; in Front of the Senior Center. #2005-264 – Approving Certificate of Final Completion for the Transfer Station Storage Building with Rathman-Manning Corp. of Chapman, Nebraska. Approving Request of Pastor D. Randolph Brehms on behalf of the Seventh Day Adventist Church for a Conditional Use Permit for a Telecommunications Tower Located at 636 Shady Bend Road. Craig Lewis, Building Department Director answered questions of where the tower would be located. Page 7, City Council Regular Meeting, September 13, 2005 Motion by Nickerson, second by Meyer to approve the request of Pastor D. Randolph Brehms for a Conditional Use Permit. Upon roll call vote, all voted aye. Motion adopted. #2005-251 – Approving Acquisition of Utility Easement at 1212 Johnstown Road (Diamond Plastics). Bud Buettner, Assistant Public Works Director answered questions concerning contaminants going into the sewer system. Motion by Meyer, second by Gilbert to approve Resolution #2005-251. Upon roll call vote, Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Hornady, Walker, and Haase voted aye. Councilmember Pauly voted no. Motion adopted. #2005-259 – Approving Heartland Family Visitation Center MOU Revision and Grant Extension Request. Discussion was held regards to the Safe Havens grant funds and the size of the building. Motion by Hornady, second by Pielstick to approve Resolution #2005-259. Upon roll call vote, all voted aye. Motion adopted. #2005-262 – Approving Continuation of Sanitary Sewer No. 519, Lots 10 through 21 Westwood Park Second Subdivision. #2005-263 – Approving Discontinuation of Sanitary Sewer No. 520, Lots 1 through 18 and Lots 29 through 47 Westwood Park Subdivision. Discussion was held regarding Resolutions #2005-262 and #2005-263 and the costs of the sewer districts and the pay back from 10 to 20 years. Motion by Hornady, second by Nickerson to approve Resolutions #2005-262 and #2005-263. Upon roll call vote, all voted aye. Motion adopted. REQUESTS AND REFERRALS: Consideration of Request from Ray and Dianne Stahla to Amend Mobile Home Park Plan for Stahla Mobile Home Park Located in the 2200 Block of South Engleman Road. Craig Lewis, Building Department Director reported that this request was to modify the park plan for Stahla Mobile Home Park. Mr. & Mrs. Stahla requested the addition of two additional recreational vehicle sites on lots 59 and creating four new recreational vehicle spaces on lot 58. Motion by Hornady, second by Walker to approve the request from Mr. & Mrs. Stahla. Upon roll call vote, all voted aye. Motion adopted. RESOLUTIONS: #2005-265 – Approving General Property, Parking District #2 (Ramp), and Community Redevelopment Authority Tax Request. David Springer, Finance Director reported this item referred to the aforementioned Public Hearing. Motion was made by Pielstick, second by Walker to approve Resolution #2005-265. Upon roll call vote, all voted aye. Motion adopted. Page 8, City Council Regular Meeting, September 13, 2005 #2005-266 – Consideration of Resolution Supporting Enabling Legislation for the Creation of a Storm Water Funding Mechanism. Bud Buettner, Assistant Public Works Director reported that the City of Grand Island had been designated as a National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water community. An application for a storm water permit had been submitted to the NDEQ which would require the city to develop a Storm Water Management Program (SWMP). As this was an un-funded federal mandate with an estimated cost of over $300,000 proposed “enabling” legislation would allow a municipality to decide at the local level how to fund the SWMP. Motion by Hornady, second by Pielstick to approve Resolution #200-266. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Hornady, second by Haase to approve the Claims for the period of August 24, 2005 through September 13, 2005, for a total amount of $4,180,446.76. Motion adopted unanimously. Councilmember Pauly abstained from voting on claim #108056. ADJOURNMENT: The meeting was adjourned at 8:15 p.m. RaNae Edwards City Clerk Item G2 Approving Minutes of September 20, 2005 City Council Study Session The Minutes of September 20, 2005 City Council Study Session are submitted for approval. See attached MINUTES. Tuesday, September 27, 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 September 20, 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 September 20, 2005. Notice of the meeting was given in the Grand Island Independent on September 14, 2005. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmembers Meyer, Whitesides, Pielstick, Gilber, 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, City Attorney Do ug Walker, and Public Works Director Steve Riehle. INVOCATION was given by Pastor Josh Sikes, Third City Christian Church, 4100 West 13th Street followed by the PLEDGE OF ALLEGIANCE. Presentation by the Multicultural Coalition. Odalys Perez, Coordinator for the Multicultural Coalition reported on the great strides in providing services to Grand Island’s immigrant, migrant, non-English speaking, and low-income residents. Presented was a history of the Multi Cultural Coalition (MCC). MCC Board members present were Lynn Cronk, Kari Nazarena, Paul Bresino, and Councilmember Carole Cornelius. Formed in 2001, MCC responds to the needs of Grand Island’s increasingly culturally diverse community. The primary objective of MCC is to provide a one stop comprehensive service delivery center that serves new immigrants, reduces duplication of services, better utilizes the time of clients and service providers, eliminates barriers to services, and stretches limited financial resources of service providers. MCC is located at the recently renovated Old Walnut Building located close to a high percentage of new and established immigrants that live in the area. MCC is collocated with the Grand Island Public Schools Outreach Center where services include school registrations, school physicals, academic assessments and survival English for student’s grades 6 to 12, support group for Hispanic Moms, and translation and interpretation services for school related needs through a Spanish interpreter. Ms. Perez mentioned the funding sources of several contributors throughout Grand Island. The Nebraska Finance Authority (NIFA) had committed $120,000 over a four-year period. The coalition had to provide a $90,000 annual local match. Presented was the budget for FY 2005- 2006. Mentioned were activities and projects that took place in 2004-2005. Page 2, City Council Study Session, September 20, 2005 Discussion was had on how immigrants knew where to go. Ms. Perez stated most was by word- of-mouth, Spanish newspaper, and radio. The owner of the property had agreed to put up signs in Spanish. Mentioned was that the coalition was open from 8:00 a.m. to 5:00 p.m. Language barriers were discussed relative to local business and within the community as a whole. Ms. Perez invited the Mayor and City Council to a One Day Conference on October 4, 2005 at College Park. ADJOURNMENT: The meeting was adjourned at 8:45 p.m. Respectfully submitted, RaNae Edwards City Clerk Item G3 Approving Re-Appointment of Lee Elliott to the Community Redevelopment Advisory (CRA) Board The Mayor has submitted the reappointment of Lee Elliott to the Community Redevelopment Advisory (CRA) Board. The appointment would become effective October 1, 2005, upon approval by city council and would expire September 30, 2010. Approval is recommended. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G4 Approving Re-Appointment of Bob Loewenstein to the Animal Advisory Board The Mayor has submitted the reappointment of Bob Loewenstein to the Animal Advisory Board. The appointment would become effective October 9, 2005, upon approval by city council and would expire October 8, 2008. Approval is recommended. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item G5 Approving Garbage and Refuse Permits Tuesday, September 27, 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: September 27, 2005 Subject: Approving Garbage and Refuse Haulers Permits Item #’s: G-5 Presenter(s): RaNae Edwards, City Clerk Background Grand Island City Code Section 17-15 allows for the Collection, Transportation, and Disposal of Garbage and/or Refuse. These permits are effective October 1 through September 30 of each calendar year. Discussion The following businesses have submitted applications for renewal for 2004/2005: Central Waste Disposal, 147 East Roberts Garbage Clark Brothers Sanitation, 3080 West 2nd Street Garbage Heartland Disposal, 2423 W. Old Lincoln Hwy. Garbage Mid-Nebraska Disposal, Inc., 3080 West 2nd Street Garbage Full Circle, Inc., 3719 Westgate Road Refuse Scott’s Hauling, 3230 Westside Street Refuse All City Code requirements have been met by these businesses. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the renewal for garbage/refuse permits. 2. Disapprove or deny the renewals. 3. Modify the renewals to meet the wishes of the Council. 4. Table the issue Recommendation City Administration recommends that the Council approve the renewals for garbage/refuse permits for 2005/2006. Sample Motion Approve the renewal for garbage/refuse permits for 2005/2006. Item G6 Approving Request of Perez, Inc. dba El Rodeo for Change of Location for Liquor License "C-61867" from 106 East 3rd Street to 410 East 4th Street This item relates to the aforementioned Public Hearing Item E-1. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G7 Approving Request of Connie Hartford, 106 Cherokee Avenue for Conditional Use Permit for Temporary Single Wide Trailer Use during Construction of Single Family Dwelling Located at 106 Cherokee Avenue This item relates to the aforementioned Public Hearing Item E-2. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item G8 #2005-267 - Approving Acquisition of Utility Easement - 401 N. Eddy - 4th & Eddy Plaza, LLC This item relates to the aforementioned Public Hearing Item E-4. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-267 WHEREAS, a public utility easement is required by the City of Grand Island, from 4th & Eddy Plaza, LLC, a limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on September 27, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Fractional Lot Six (6) in Fractional Block Seventeen (17) Rollins Addition to the city of Grand Island, Hall County, Nebraska; the utility easement and right-of-way being more particularly described as follows: The northerly twenty (20.0) feet of the westerly twenty (20.0) feet of Fractional Lot Six (6) in Fractional Block Seventeen (17) Rollins Addition to the City of Grand Island. The above-described easement and right-of-way containing 400.0 square feet more or less, as shown on the plat dated 9/12/2005, 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 4th & Eddy Plaza, LLC, a limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G9 #2005-268 - Approving Acquisition of Utility Easement - 620 North Diers Avenue - West Faidley Medical Clinic This item relates to the aforementioned Public Hearing Item E-5. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-268 WHEREAS, a public utility easement is required by the City of Grand Island, from West Faidley Medical Center, LLC, a limited liability company, to install, upgrade, maintain, and repair public utilities; and WHEREAS, a public hearing was held on September 27, 2005, for the purpose of discussing the proposed acquisition of an easement and right-of-way through a part of Lot Thirteen (13), Richmond Subdivision in the city of Grand Island, Hall County, Nebraska; the centerline of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described as follows: Commencing at the southeast corner of Lot Thirteen (13) Richmond Subdivision; thence westerly along the southerly line of said Lot Thirteen (13), a distance of One Hundred Ninety Seven (197.0) feet to the Actual Point of Beginning; thence northerly, perpendicular to the southerly line of said Lot Thirteen (13), a distance of Seventy Two (72.0) feet. The above-described easement and right-of-way containing 0.033 acres more or less, as shown on the plat dated 9/8/2005, 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 West Faidley Medical Center, LLC, a limited liability company, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G10 #2005-269 - Approving Certificate of Final Completion and Setting BOE Date for Water Main District 443 Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: September 27, 2005 Subject: Water Main District 443 – American Independence Subdivision Item #’s: G-10 Presenter(s): Gary R. Mader, Utilities Director Background District 443 was created by Council to provide municipal water service to the properties along Independence Avenue, Shanna Street, Lariat Lane, and Branding Iron Lane. These streets are within the American Independence Subdivision, American Independence 2nd Subdivision and part of Grand West Subdivision. Attached for reference is a copy of the District Plat showing the project area. To provide for the most economical installation of infrastructure in the area, the Utilities Department and Public Works Department designed and prepared specifications for a joint project to include installation of both water main and sanitary sewer under a single construction project. Water main installation has been completed as per the contract requirements and in accordance with the project specifications. Discussion The Water Main construction was done as an Assessment District, which is the Department’s standard process for water main installation at the request of the property owners in developed areas. The total assessable cost of Water Main District 443 was $70,025.92. The computation of assessments is based on the cost of construction. That cost is apportioned to each of the properties within the district based upon a combination of front footage and lot size to determine the assessment amount. Assessments may be financed with the Water Department over five years, with 7% simple interest on the outstanding balance. The first payment is due 50 days after the Council sets the assessments at the Board of Equalization (BOE) Hearing. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Certificate of Final Completion for Water Main District 443 and set the date of the Board of Equalization to determine benefits for the properties within the boundary of the District. 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 Certificate of Final Completion for Water Main District 443 be issued and that the Board of Equalization be set for October 25, 2005 to consider the benefits and assessments for the district. Sample Motion Motion to approve the Certificate of Final Completion for Water Main District 443 and set the Board of Equalization for this district for October 25, 2005. WATER MAIN DISTRICT 443$15.582837 $0.124726 1/2 FF + 1/2 SFOWNER & ADDRESS LOT SUBDIVISION F / F SQ FT ASSESSMENTGary E Valasek & Mary G Valasek H/W 1 American Independence Subdivision 98.61 9,870.64 2,767.754228 W 13th Street, Grand Island, NE 68803 2 American Independence Subdivision 99.57 10,596.15 2,873.21" " 5 American Independence Subdivision 96.50 12,044.13 3,005.96" " 6 American Independence Subdivision 96.50 12,044.18 3,005.96Brian D & Kellie E Haynes3206 Langenheder Dr, Grand Island, NE 68803 7 105.00 12,356.61 3,177.39Gary E Valasek & Mary G Valasek H/W 8 American Independence Subdivision 174.55 37,168.82 7,355.90" " 9 American Independence Subdivision 101.72 13,021.52 3,209.21" " 10 American Independence Subdivision 100.40 11,310.78 2,975.27" " 11 American Independence Subdivision 100.00 11,185.05 2,953.36" " 12 American Independence Subdivision 100.00 11,182.30 2,953.01" " 13 American Independence Subdivision 100.00 11,179.46 2,952.66" " 14 American Independence Subdivision 100.00 11,176.62 2,952.31" " 15 American Independence Subdivision 110.00 12,291.11 3,247.13" " 16 American Independence Subdivision 115.00 13,055.84 3,420.43" " 17 American Independence Subdivision 105.00 11,921.86 3,123.17" " 18 American Independence Subdivision 105.00 11,923.11 3,123.32" " 19 American Independence Subdivision 105.00 11,924.36 3,123.49" " 20 American Independence Subdivision 104.82 11,965.75 3,125.83Scott C Kuehl & Kenora R Kuehl H/W4357 Manchester Rd, Grand Island, NE 68803 21 American Independence Subdivision 113.54 17,166.99 3,910.45Gary E Valasek & Mary G Valasek H/W 1 American Independence 2nd Subdivision 99.95 14,123.84 3,319.11Rodney E Valasek & Julie R Valasek H/W4240 Norseman Ave, Grand Island, NE 68803 2 American Independence 2nd Subdivision 101.82 14947.59 3,451.00District 443 Front Footage 2,232.98District 443 Square Footage 282,456.71TOTAL TO DISTRICT 443 $70,025.92 Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-269 WHEREAS, the City Engineer and the Utilities Director of the City of Grand Island have issued a Certificate of Final Completion for Water Main District 443 located in Independence Avenue, Shanna Street and Lariat Lane in Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer and the Utilities Director recommend the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Certificate of Final Completion for Water Main District 443 is hereby confirmed and approved. 2. The City Council will sit as a Board of Equalization on October 25, 2005 to determine benefits and set assessments for Water Main District 443. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G11 #2005-270 - Approving Certificate of Final Completion and Setting BOE Date for Water Main District 447T Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: September 27, 2005 Subject: Water Main District 447T – Grand West Subdivision Item #’s: G-11 Presenter(s): Gary R. Mader, Utilities Director Background District 447T was constructed in conjunction with Water Main District 443. Water Main District 443 was created at the request of area property owners to provide municipal water service along Independence Avenue. During the development of construction plans for District 443, there was an opportunity to economically extend a water main in Shanna Street, between Independence and Mansfield Road. The interconnection provides increased reliability and capacity to the area as a whole, and would provide water service to properties on the south side of Shanna. Therefore Water Main District 447T was created and combined for construction and bid with District 443. A map of the district is attached for reference. Discussion The area on the north side of this District is adjacent to a City detention cell. The lots on the south side are owned by the Third City Christian Church and are undeveloped at this time. The District’s construction was done as a Tap District, which is the Department’s standard method for water main extensions through undeveloped areas. The total assessable cost for Water Main District 447T was $19,950.94 That cost is apportioned to each of the properties within the district based upon a combination of front footage and lot size to determine the connection fee. That fee is collected when the properties are connected to receive City water service. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Issue the Certificate of Final Completion for District 447T and set the date of the Board of Equalization to determine benefits for the properties within the boundary of the District. 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 Certificate of Final Comple tion for Water Main District 447T be issued and that the Board of Equalization be set for October 25, 2005. Sample Motion Motion to approve the Certificate of Final Completion for Water Main District 447T and set the Board of Equalization for this district for October 25, 2005. WATER MAIN DISTRICT 447T$15.582837 $0.124726 1/2 FF + 1/2 SFOWNER & ADDRESS LOT SUBDIVISION F/F SQ/FT ASSESSMENTThird City Christian Church 2 Grand West Subdivision 80.00 9,799.20 2,468.84A Nebraska Non-Profit Corp 3 Grand West Subdivision 79.00 9,676.71 2,437.984100 W 13th Street, Grand Island, NE 68803 4 Grand West Subdivision 79.00 9,676.71 2,437.98" " 5 Grand West Subdivision 79.00 9,676.71 2,437.98" " 6 Grand West Subdivision 79.00 9,676.71 2,437.98" " 7 Grand West Subdivision 79.00 9,676.71 2,437.98" " 8 Grand West Subdivision 79.07 10,060.00 2,486.87City of Grand Island - Public Works Dept Detension Cell, PT N 1/2, SE 1/4, Sec 11-11-10 100.00 10,000.00 2,805.33District 447T Front Footage 654.07District 447T Square Footage 78,242.75TOTAL TO DISTRICT 447T $19,950.94 Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-270 WHEREAS, the City Engineer and the Utilities Director of the City of Grand Island have issued a Certificate of Final Completion for Water Main District 447T located in Shanna Street from Mansfield Road to Independence Avenue in Grand Island, Nebraska, certifying that the Diamond Engineering Company of Grand Island, Nebraska, has completed such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the City Engineer and the Utilities Director recommend the acceptance of the final completion; and WHEREAS, the Mayor concurs with such recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Certificate of Final Completion for Water Main District 447T is hereby confirmed and approved. 2. The City Council will sit as a Board of Equalization on October 25, 2005 to determine benefits and set connection fees for Water Main District 447T. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G12 #2005-271 - Approving Capital Financing Options for the Nebraska City #2 Power Plant Project - Utilities Department Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: September 27, 2005 Subject: Nebraska City Unit #2; Capital Costs Item #’s: G-12 Presenter(s): Gary R. Mader, Utilities Director Background The City of Grand Island is a participant in a new coal fired power plant project being built by the Omaha Public Power District (OPPD) at the site of their existing Nebraska City Plant. The new unit will be the second on that site and is generally referred to as NC#2. All environme ntal permitting and state agency approvals have been completed, and the project is proceeding to the point that major capital expenditures are pending for construction. The methods of project funding are included in the Power Participation Agreement (PPA) between the City and OPPD. The Project is a 600 MW power plant with OPPD having 300MW committed to their system and 300MW dedicated to seven Project Participants; public power utilities in Nebraska, Missouri and Minnesota. Grand Island’s Participation Share is 30MW. The financing of the project is structured such that OPPD will issue their bonds for their share and will also issue the bonds for the Participant’s share. The Participant’s costs to service that debt are to be billed monthly over the 40 year life of the plant. Participants are obligated under the PPA to begin Capital Cost payments at the time the unit goes into commercial operation in 2009. The bond issue for the Participants Share of the Capital Costs is referred to as the Separate System Bonds. Discussion The Power Participation Agreement does include provisions whereby each Participant may opt to provide its own share of the Project Capital Costs separately from the group. City staff from the Utilities, Legal and Finance Departments have met with OPPD staff to consider this option. City staff has also discussed this option with our bond agents from Ameritas Investment Corporation and our bond council, Baird Holm. It is the consensus from this evaluation that the City should provide its share of the Project Capital Costs via the Separate System Bond Issue as provided in the Power Participation Agreement with OPPD. The City’s share of Project Capital Cost is estimated at $30,000,000, to be paid over the life of the NC#2 power plant. 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 financing of Grand Island’s share of the NC#2 project be included in the Separate System Bonds as provided in the NC#2 Power Participation Agreement between the City of Grand Island and Omaha Public Power District, and that the Utilities Director be directed to formally notify OPPD of that decision. Sample Motion Motion authorizing OPPD to issue the Separate System Bonds for the City of Grand Island’s share of the Capital Cost of construction of the Nebraska City Unit #2 Power Plant Project, in accordance with the Power Participation Agreement between the parties and directing the Utilities Director to formally notify OPPD of that election. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-271 WHEREAS, on October 14, 2003, by Resolution 2003-279, the City Council of the City of Grand Island approved a Power Participation Agreement between the City of Grand Island and Omaha Public Power District (OPPD) to obtain up to 30 MW of energy from Omaha Public Power District after its Nebraska City Unit #2 plant is constructed and operational; and WHEREAS, all environmental permitting and state agency approvals have been completed, and the project is proceeding to the point that major capital expenditures are pending for construction; and WHEREAS, the financing of the project is outlined in the Power Participation Agreement and is structured such that OPPD will issue their bonds for their share and will also issue the bonds for the Participant's share; and WHEREAS, the Participant's costs to service that debt are to be billed monthly over the 40 year life of the power plant, with the Participants obligated to begin Capital Cost payments at the time the unit goes into commercial operation in 2009; and WHEREAS, after reviewing its options, City staff recommends providing its share of the Project Capital Costs via the Separate System Bond issue as provided in the Power Participation Agreement with OPPD; and WHEREAS, the City's share of Project Capital Cost is estimated at $30,000,000, to be paid over the life of the Nebraska City Unit #2 power plant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Omaha Public Power District is hereby authorized to issue Separate System Bonds for the City of Grand Island's share of the Capital Cost of construction of the Nebraska City Unit #2 Power Plant Project, in accordance with the Power Participation Agreement. BE IT FURTHER RESOLVED, that the Utilities Director is hereby authorized to notify Omaha Public Power District of this election. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G13 #2005-272 - Approving Wireline Crossing Agreement between the City of Grand Island and the Union Pacific Railroad Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Gary R. Mader City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Meeting: September 27, 2005 Subject: Wireline Crossing Agreement between the City of Grand Island and the Union Pacific Railroad Item #’s: G-13 Presenter(s): Gary R. Mader, Utilities Director Background Grand Island Utilities Department is working with CXT to support the expansion of their existing manufacturing plant in Grand Island. As part of the expansion, nearly a mile of new rail spur line will be constructed by CXT to serve the increased capacity of their plant. A fifty foot tall gantry crane will be used along the new rails to load concrete ties on to rail cars. The existing CXT plant and the planned expansion are located in the Union Pacific rail yards on the east side of Grand Island. The Utilities Department has a 115,000 volt (115kV) transmission line crossing the area. This line will have to be raised to provide safe clearance for the gantry crane. Discussion Since this line work is being done on railroad property, a Wireline Crossing Agreement is required by Union Pacific for access to and construction on their property. The Utilities Department made application for the revised agreement to UP earlier this year after design of the reconfigured transmission line was completed. Union Pacific has approved the application. A copy of the Wireline Crossing Agreement is attached. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve the Wireline Crossing 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 Wireline Crossing Agreement. Sample Motion Motion to approve the Wireline Crossing Agreement with Union Pacific Railroad for 115,000 volt transmission line reconstruction project. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-272 WHEREAS, the Grand Island Utilities Department is working with CXT Incorporated to support the expansion of their existing manufacturing plant in Grand Island; and WHEREAS, as part of the expansion, nearly a mile of new rail spur line will be constructed by CXT to serve the increased capacity of their plant; and WHEREAS, a fifty foot tall gantry crane will be used along the new rails to load concrete ties on to rail cars; and WHEREAS, the existing CXT plant and the planned expansion are located in the Union Pacific rail yards on the east side of Grand Island; and WHEREAS, the City Utilities Department has a 115,000 volt (115kV) transmission line crossing the area, which will need to be raised to provide safe clearance for the gantry crane; and WHEREAS, since the power line work is being done on railroad property, and crosses the rail yard, Union Pacific Railroad Company requires a Wireline Crossing Agreement to allow access to and construction on their property; and WHEREAS, the City Attorney has reviewed the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a Wireline Crossing Agreement is hereby approved between the City and the Union Pacific Railroad Company to raise and rebuild the City's 115,000 (115kV) transmission line to provide safe clearance for the use of a fifty foot tall gantry crane by CXT Incorporated to load concrete ties on to rail cars. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G14 #2005-273 - Approving Bid Award for Contracted Snow Removal Services on City Streets for the 2005/2006 Winter Season Tuesday, September 27, 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: September 27, 2005 Subject: Approving Bid Award for Snow Removal Services for the 2005/2006 Winter Season Item #’s: G-14 Presenter(s): Steven P. Riehle, Public Works Director Background On September 7, 2005 the Street and Transportation Division of the Public Works Department advertised for bids for Snow Removal Services for the 2005/2006 Winter Season. Discussion One bid was received and opened on September 20, 2005. The Street and Transportation 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 bid request form with no exceptions. The bid is shown below. Bidder Exceptions Bid Security Total Bid The Diamond Engineering Co. Grand Island, NE None NA Trucks for Hauling Snow - $95.00/HR Front End Loaders - $125.00/HR Motor Graders - $145.00/HR There are sufficient funds in Account No. 10033502-85213 for these services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for snow removal services. 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 awarding the contract for snow removal services to The Diamond Engineering Company, of Grand Island, Nebraska. Sample Motion Move to approve awarding contract to The Diamond Engineering Company. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 20, 2005 at 11:00 a.m. FOR: Snow Removal Services DEPARTMENT: Public Works ESTIMATE: a. Trucks for Hauling Snow $125.00 per hour each b. Front End Loaders $125.00 per hour each c. Motor Graders $145.00 per hour each FUND/ACCOUNT: 10033502-85213 PUBLICATION DATE: September 7, 2005 NO. POTENTIAL BIDDERS: SUMMARY Bidder: The Diamond Engineering Co. Grand Island, NE Exceptions: None Bid Price: Trucks for Hauling Snow $ 95.00 per hour each Front End Loaders $125.00 per hour each Motor Graders $145.00 per hour each cc: Steve Riehle, Public Works Director Scott Johnson, Street Superintendent Danelle Collins, Public Works Admin. Sec. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1017 Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-273 WHEREAS, the City of Grand Island invited sealed bids for Snow Removal Services, according to the plans and specifications on file in the office of the Public Works Department; and WHEREAS, on September 20, 2005, one bid was received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted the only bid in accordance with terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being as follows: Cost Per Hour Front End Loaders 125.00 Motor Graders 145.00 Hauling Snow 95.00 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, for snow removal services in the amounts identified above is hereby approved as the lowest responsible bid submitted. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such snow removal services be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G15 #2005-274 - Approving Bid Award for Concrete Pavement Repair Project 2005-P-8, Northbound Lanes of US Hwy 281 - Old Potash to Capital Ave Tuesday, September 27, 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: September 27, 2005 Subject: Approving Bid Award for Concrete Pavement Repair Project; 2005-P-8, Northbound Lanes of US HWY 281 from Old Potash HWY to Capital Avenue Item #’s: G-15 Presenter(s): Steven P. Riehle, Public Works Director Background The Northbound lanes of US HWY 281 from Old Potash HWY to Capital Avenue are rough and in need of repair. On July 26, 2005 the Council approved an agreement between the City of Grand Island and the Nebraska Department of Roads for these repairs. The agreement allows for the Department of Roads to be responsible for 50 percent of the repair costs up to a maximum cost of $150,000. On September 12, 2005 the Engineering Division of the Public Works Department advertised for bids for the Concrete Pavement Repair Project, 2005-P-8. Discussion One bid was received and opened on September 22, 2005. The Engineering 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 bid request form with no exceptions. The bid tabulation is shown below. Bidder Exceptions Bid Security Total Bid The Diamond Engineering Co. None Universal Surety Co. $288,000.00 The Engineers Estimate for the project was $300,000.00. There are sufficient funds in Account No. 10033506-85351/85354 to fund these repairs. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve awarding the contract for the concrete pavement repair project. 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 awarding the contract for 2005-P-8 to The Diamond Engineering Co., of Grand Island, Nebraska. Sample Motion Move to approve awarding the contract to The Diamond Engineering Company. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: September 22, 2005 at 11:00 a.m. FOR: Concrete Pavement Repair Project 2005-P-8 DEPARTMENT: Public Works ESTIMATE: $300,000.00 FUND/ACCOUNT: 10033506-85351 $150,000.00 NDOR will Cost Share at 50% $150,000.00 PUBLICATION DATE: September 12, 2005 NO. POTENTIAL BIDDERS: 14 SUMMARY Bidder: The Diamond Engineering Co. Grand Island, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: $288,000.00 cc: Steve Riehle, Public Works Director Bud Buettner, Assist. Public Works Director Danelle Collins, Admin. Public Works Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1023 Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-274 WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement Repair Project 2005-P-8 for the northbound lanes of U.S. Highway 281 from Old Potash Highway to Capital Avenue, according to plans and specifications on file with the City Engineer; and WHEREAS, on September 22, 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 $288,000; 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 The Diamond Engineering Company of Grand Island, Nebraska, in the amount of $288,000 for Concrete Pavement Repair Project 2005-P-8 for the northbound lanes of U.S. Highway 281 from Old Potash Highway to Capital Avenue is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract between the City and such contractor for such project be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G16 #2005-275 - Approving Off-Road Diesel Fuel Purchase for the Solid Waste Division Landfill Tuesday, September 27, 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: September 27, 2005 Subject: Approving Off-Road Diesel Fuel Purchase for the Solid Waste Division Landfill Item #’s: G-16 Presenter(s): Steven P. Riehle, Public Works Director Background On September 7, 2005 the Solid Waste Division of the Public Works Department obtained three quotes for 10,000 gallons of off-road diesel fuel. The price of the diesel at the time the quotes were received exceeded the $20,000 purchase order approval limit. Discussion Three vendors were solicited: Sapp Brothers & Aurora Coop of Grand Island and Fauscer Energy of Lincoln, NE. The quotes that were received were: Sapp Brothers $2.29/gallon Aurora Coop was $2.308/gallon Fauscer Energy did not submit a bid Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the purchase of the off-road fuel. 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 purchasing off-road fuel from Sapp Brothers. Sample Motion Move to approve purchasing the off-road fuel. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-275 WHEREAS, the Solid Waste Division of the Public Works Department solicited quotes for 10,000 gallons of off-road diesel fuel; and WHEREAS, Sapp Brothers of Grand Island, Nebraska, submitted a quote for such fuel, such quote being in the amount of $2.29 per gallon; and WHEREAS, it is recommended that Sapp Brothers be approved to provide such diesel fuel at the above-stated price. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quote of Sapp Brothers of Grand Island, Nebraska for 10,000 gallons of off-road diesel fuel is hereby approved as the best quote received. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G17 #2005-276 - Approving Amendment No. 3 to the Agreement with Olsson Associates for Consulting Engineering Services on the Westridge Detention Cell Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Steven P. Riehle, City Engineer/Public Works Direc City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: September 27, 2005 Subject: Approving Amendment No. 3 to the Agreement with Olsson Associates for Consulting Engineering Services on the Westridge Detention Cell Item #’s: G-17 Presenter(s): Steven P. Riehle, Public Works Director Background Any amendments to the agreement must be approved by the City Council. An agreement with Olsson Associates was approved by the City Council on October 23, 2001. The agreement was for performing design services related to the construction of the Westridge Detention Cell and the extension of Independence Avenue from Manchester Avenue down to 13th Street. Discussion The Westridge Detention Cell was excavated by the contractor for the developer of the Grand West Subdivisions. Street Improvement District No. 1255 will pave Independence Avenue between 13th Street and Shanna Street as well as the unpaved sections of Shanna Street. The completion of District 1255 will help traffic flow in the neighborhood by improving the inter-connectivity of the streets. The project to pave Independence Avenue between Shanna Street and Manchester Avenue (behind Westridge Middle School) is currently planned for the 2007 fiscal year. The cell is currently scheduled for improvements as part of the 2007 project. The planning and design of improvements to the cell needs to proceed. This will ensure the detention cell will be a neighborly friendly cell with improvements such as drainage channel improvements, sprinkler system, landscaping, etc. An amendment to the agreement based on actual costs with a maximum dollar amount of $36,520 was negotiated with Olsson Associates to perform design engineering and construction observation work on the detention cell. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve Amendment No. 3 to the agreement with Olsson Associates. 2. Refer the issue to a Committee. 3. Postpone the issue to future date. 4. Take no action on the issue. Recommendation City Administration recommends that the Council pass a resolution authorizing the Mayor to execute the Amendment to the Agreement. Sample Motion Approve Amendment No. 3 to the Agreement with Olsson Associates for Consulting Engineering Services on the Westridge Detention Cell District 1255CellFuture Independence Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-276 WHEREAS, on October 23, 2001, by Resolution 2001-296, the City Council for the City of Grand Island awarded the proposal for conceptual engineering design work on street and safety improvements in the northwest area of Grand Island to Olsson Associates of Grand Island, Nebraska; and WHEREAS, such work including the design services related to the construction of the Westridge Detention Cell and the extension of Independence Avenue from Manchester Avenue to 13th Street; and WHEREAS, it is suggested that the City proceed with the planning and design of improvements to the Westridge Detention Cell which will include drainage channel improvements, sprinkler system, landscaping, etc.; and WHEREAS, due to Olsson Associates' knowledge and experience working on this project, it is recommended that they continue providing engineering work to final completion of the project; and WHEREAS, Olsson Associates is willing to perform design engineering and construction observation work on the detention cell for this phase of the project at a cost not to exceed $36,520; and WHEREAS, the Amendment to Contract for Engineering Services has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Amendment No. 3 to Contract for Engineering Services between the City of Grand Island and Olsson Associates to provide design engineering services and construction observation work on the Westridge Detention Cell for an amount not to exceed $36,520. - - - Adopted by the City Council of the City of Grand Island, Nebraska on September 27, 2005. _____________________________________ RaNae Edwards, City Clerk Item G18 #2005-277 - Approving Contract with McCarthy Group Advisors, L.L.C. for Management Services on Police and Fire Administration Tuesday, September 27, 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: September 27, 2005 Subject: Approving Contract with McCarthy Group Advisors, L.L.C. for Investment Advisory Services Item #’s: G-18 Presenter(s): Dave Springer, Finance Director Background The City has investments with Smith Hayes Financial Services in Omaha which serve as reserves for pre 1984 police and fire employees who participate in a defined benefit retirement plan. The management of these investments has been done by Rod Cerny of Kirkpatrick Pettis Investment Management (KPIM). KPIM has recently merged with Davidson Investment Advisors. Mr. Cerny has left KPIM to take a similar position with McCarthy Group Advisors. Discussion Under Mr. Cerny’s stewardship, the City’s investments have appreciated nearly 8% a year through the last five years, for a net return of over three million dollars, while the S&P500 average was negative. Thus, the value investment disciplines Mr. Cerny employs have substantially out performed the peer group and marketplace. The City’s investment consultant at Smith Hayes, Terence Millard, has done due diligence and met with both the Davidson investment team and the McCarthy Group. While very capable, the performance history of the Davidson firm does not match that of Mr. Cerny. As our consultant with Smith Hayes, Mr. Millard recommends that the City continue to utilize Rod Cerny’s services at the McCarthy Group and is making that recommendation to all their other clients as well. Whether Mr. Cerny is retained or not, the City’s account will continue to be administered under the custody of Smith Hayes. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the contract with McCarthy Group Advisors. 2. Disapprove the contract. 3. Table the issue Recommendation City Administration recommends that the Council approve the contract with the McCarthy Group Advisors and retain Rod Cerny as investment manager. Sample Motion Approve the contract with McCarthy Group Advisors. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-277 WHEREAS, the City has investments with Smith Hayes Financial Services in Omaha, Nebraska, which serve as reserves for pre-1984 police and fire employees who participate in a defined benefit retirement plan; and WHEREAS, the management of the investments has been done by Rod Cerny or Kirkpatrick Pettis Investment Management; and WHEREAS, Kirkpatrick Pettis Investment Management was recently merged with Davidson Investment advisors; and WHEREAS, Mr. Cerny left Kirkpatrick Pettis Investment Management to take a similar position with McCarthy Group Advisors; and WHEREAS, due to Mr. Cerny's knowledge, expertise, and success in managing the City's investments, it is recommended that Mr. Cerny continue to be retained by the City for such services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Rod Cerny of McCarthy Group Advisors is hereby retained as investment manager to manage the investments for the pre-1984 police and fire employees who participate in a defined benefit retirement plan. BE IT FURTHER RESOLVED, that a contract with McCarthy Group Advisors be entered into for such investment advisory services, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G19 #2005-278 - Approving Amendment to the Cafeteria Plan with McDermott & Miller Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: September 27, 2005 Subject: Cafeteria Plan Amendment Item #’s: G-19 Presenter(s): Brenda Sutherland, Human Resources Director Background The City of Grand Island provides a section 125 cafeteria plan for its employees to set pre-tax dollars aside for reimbursable medical expenses. Currently the cafeteria plan is administered by McDermott & Miller, P.C. Discussion Due to a recent change in tax legislation, the City is able to allow its employees a grace period for the medical and dependent care reimbursement portion of the City’s cafeteria plan. An amendment to the plan would allow City employees a grace period that would extend until March 15th of the following plan year. Currently, if an employee has any money left in their account that they have not used by the December 31, 2005, they would lose those dollars. This amendment would allow employees more time to get their cafeteria dollars spent. 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 amendment to the current cafeteria contract. Sample Motion Motion to approve the amendment to the current cafeteria plan. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-278 WHEREAS, on June 14, 1999, by Resolution 99-191, the City of Grand Island approved McDermott & Miller of Grand Island, Nebraska of being the Section 125 Plan Administrator for the Cafeteria Plan Services; and WHEREAS, the current plan covers both health insurance premiums and medical and dependent care reimbursement; and WHEREAS, due to a recent change in tax legislation, the City is able to allow its employees a grace period of the medical and dependent care reimbursement portion of the City's cafeteria plan; and WHEREAS, an amendment to the plan would allow City employees a grace period that would extend until March 15th of the following plan year, and would allow more time for employees to spend money set aside in their cafeteria plan; and WHEREAS, the proposed amendment has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposed amendment to the Cafeteria Plan is hereby approved to allow a grace period until March 15th of the following plan year to spend money set aside in employee cafeteria plans. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G20 #2005-279 - Approving Acquisition of Library Building Addition from the Library Facilities Corporation This item relates to the aforementioned Public Hearing Item E-3. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Doug Walker City of Grand Island City Council Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-279 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, as follows: Section 1. The Mayor and Council hereby find and determine that the City proposes to acquire from Grand Island Facilities Corporation an addition to its existing library facilities pursuant to a Lease Purchase Agreement and has pursuant to the requirements of Section 18-1755, R.R.S., Neb. 1997, as amended, published notice and held a hearing on such acquisition. Section 2. The Mayor and Council hereby further find and determine, after hearing all persons desiring to be heard concerning such acquisition, that the City should proceed with such acquisition. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G21 #2005-280 - Approving Request for Purchase of iSeries Model 520 Express System to Replace Existing AS400 eSeries Model 9406-600 Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council Council Agenda Memo From: Carl Hurd, Information Technology Manager David Springer, Finance Director Meeting: September 27, 2005 Subject: Approving Request for Purchase of IBM iSeries Model 520 Express System to Replace Existing AS400 eSeries Model 9406-600. Item #’s: G-21 Presenter(s): David Springer, Finance Director Carl Hurd, Information Technology Manager Background Our existing AS400 is a Model 9406-600 and was purchased in January 1998 for an amount of $116,000. The IBM Disaster recovery contract expired on our existing AS400 July of this year. We have been granted a six month extension to give us time to purchase a new system. The AS400 system is the platform that supports Utility Billing, Special Assessments, Building Permits, Utility Work Orders and Backflow Prevention Applications. Discussion This will be purchased from Pinnacle Business System, Inc. Edmond Oklahoma. They are the State of Nebraska Contract holder #10809 OC for IBM equipment. 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 State Contract purchase in the amount of $32,765.01. 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of this IBM iSeries Model 520 Express System. Sample Motion Approve request to purchase IBM iSeries Model 520 Express System in the amount of $32,765.01. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-280 WHEREAS, the City of Grand Island uses an AS400 computer system to process utility billing, special assessments, building permits, utility work orders and backflow prevention applications; and WHEREAS, the City's existing AS400 computer system is outdated and the IBM disaster recovery contract expired in July of this year; and WHEREAS, a 6-month extension has been granted to allow the City to purchase a new AS400 computer system; and WHEREAS, a new AS400 computer system can be purchased from the state contract holder; and WHEREAS, purchasing the computer system from the state contract holder meets all statutory bidding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of IBM iSeries Model 520 Express System to replace existing AS400 eSeries Model 9406-600 from Pinnacle Business System, Inc. of Edmond, Oklahoma, the state contract holder, in the amount of $32,765.01 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item G22 #2005-281 - Approving 2nd Amendment for the Heartland Public Shooting Park Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Steve Paustian City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: September 27, 2005 Subject: Approving 2nd Amendment for the Heartland Public Shooting Park Item #’s: G-22 Presenter(s): Steve Paustian, Park and Recreation Director Background The City currently has an agreement with the Grand Island Skeet and Sporting Clays club to manage the day to day operations of the shooting facility. Discussion The agreement before you allows for the transfer of the day to day operation and associated responsibilities from the Grand Island Skeet and Sporting Clays Club to the City of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refe r 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 amendment to the original agreement. Sample Motion Motion to approve the 2nd amendment to the agreement for the Heartland Public Shooting Park. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF GRAND ISLAND, NEBRASKA AND THE GRAND ISLAND SKEET AND SPORTING CLAYS CLUB, INC. D/B/A THE HEARTLAND PUBLIC SHOOTING PARK The City of Grand Island and the Heartland Public Shooting Park, having previously entered into an agreement pertaining to the use of funds, construction, improvements and management of city property for skeet, trap and sporting clays at the city facility, agree that as of October 1, 2005, all previous agreements in regards to management and operation shall be amended due to the continuation of improvements being made at the facility. It is agreed by the parties that as of October 1, 2005, that the City of Grand Island will assume responsibility for the management of the facility. It is also recognized by the parties to the agreement that the official name of the Heartland Public Shooting Park organization is currently the Grand Island Skeet and Sporting Clays Club, Inc. d/b/a The Heartland Public Shooting Park, which corrects the misrepresentation contained in the first amendment to the original contract. The City of Grand Island, recognizing that the knowledge and expertise of many members of the Heartland Public Shooting Park has been a valuable part of the construction and improvements for the facility, will agree to allow the Heartland Public Shooting Park to serve as an advisory board for the City Parks and Recreation Department Director and Shooting Park Superintendent as to the needs and future operation of the facility. It is further recognized between the parties that as the activities continue to expand at the facility, it is anticipated that members of other disciplines, such as rifle, archery, pistol and camping and any others that may be developed, will also be asked to serve in a joint advisory committee for the overall operation and continued success of the facility. The Heartland Public Shooting Park shall serve as a consultant to the City of Grand Island and as such, shall continue to assist and cooperate in the operation of the facility. The Heartland Public Shooting Park shall receive as compensation for its services $1.50-$3.00 per round shot by its members, identified by a list to be compiled by the Board of Directors of the Heartland Public Shooting Park and to be furnished to the City of Grand Island. The Heartland Public Shooting Park, recognizing that government funds have been used for the improvements at the facility, shall continue in its commitment to the city to comply with all state and federal laws and agrees to keep its membership open, non-discriminatory and available to all who can abide by the by-laws and rules of the organization. All sections of the previous contract and agreement between the City of Grand Island and the Heartland Public Shooting Park relating to the management of the facility shall be deleted by this agreement. It is further understood that all other sections of the previous agreement and 2 amendment, including the repayment to the City of Grand Island the amount of $100,000 shall rema in in full force and effect. Either party may commence proceedings in any court having proper jurisdiction to adjudicate the rights and obligations of the parties thereto. This agreement shall be reviewed every year, at least thirty days prior to October 1, and may be amended by mutual agreement. Each party shall have the right to terminate the contract upon providing at least thirty (30) days written notice to the other party. Said notice to the Grand Island Skeet & Sporting Clays Club, Inc. d/b/a Heartland Public Shooting Park shall be sent to Kent Coen, President, PO Box 1117, Grand Island, NE 68802. Notice to the City of Grand Island shall be sent to City Parks and Recreation Director, PO Box 1968, Grand Island, NE 68802. GRAND ISLAND SKEET & SPORTING CLAYS CLUB, INC., d/b/a HEARTLAND PUBLIC SHOOTING PARK, By:________________________________________________ Date:___________________ L. Kent Coen, President CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation, By:________________________________________________ Date:___________________ Jay Vavricek, Mayor Attest:_____________________________________________ RaNae Edwards, City Clerk The Assignment and Amendment is in due form according to law and hereby approved. By:________________________________________________ Date:___________________ Dale M. Shotkoski, Assistant City Attorney Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-281 WHEREAS, on March 9, 2004, by Resolution 2004-46, the City Council of the City of Grand Island approved an Agreement with the Grand Island Skeet & Sporting Clays Club, Inc. of Grand Island, Nebraska ("Skeet Club") to assist in the development, improvements, and maintenance of a shooting sports facility at the former Cornhusker Army Ammunition Plant site; and WHEREAS, the Skeet Club notified the City that it intended to clarify its official name to the Grand Island Skeet & Sporting Clays Club, Inc., of Grand Island, Nebraska, doing business as the Heartland Public Shooting Park; and WHEREAS, on September 28, 2004, by Resolution 2004-243, the City Council of the City of Grand Island approved an Assignment and Amendment to the Agreement with the Grand Island Skeet and Sporting Clays Club, Inc. to assign the terms of the agreement to allow the Skeet Club to provide management for the shooting sports facility; and WHEREAS, the Skeet Club recently expressed interest in the City taking over such management responsibilities of the facility; and WHEREAS, as a result, the City hired Mick Bresley as Shooting Range Superintendent to oversee management of the Heartland Public Shooting Park facility; and WHEREAS, it is now necessary to amend such agreement with the Skeet Club to reflect the City taking over management of the facility. WHEREAS, such amendment has been reviewed and approved by the City Attorney's office. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the 2nd Amendment to Agreement by and between the City and the Grand Island Skeet & Sporting Clays Club, Inc. of Grand Island, Nebraska, doing business as the Heartland Public Shooting Park to allow the City of Grand Island to take over management services at the shooting sports facility is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such 2nd Amendment to Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ - 2 - RaNae Edwards, City Clerk Item G23 #2005-282 - Approving Amending the 2005-2006 Fee Schedule Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: David Springer City of Grand Island City Council Council Agenda Memo From: Steve Paustian, Park and Recreation Director Meeting: September 27, 2005 Subject: Approving Amending 2005-2006 Fee Schedule Item #’s: G-23 Presenter(s): Steve Paustian, Park and Recreation Director Background The City is in the process of developing a shooting park. Effective October 1, 2002 the City will take over all day to day management responsibilities. Discussion As part of the transition to a City operated facility it is necessary for Council to adopt a fee schedule permitting staff to collect fees for the use of the shooting facility. 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 fee schedule as presented. Sample Motion Motion to adopt fee schedule. Approved as to Form ¤ ___________ September 22, 2005 ¤ City Attorney R E S O L U T I O N 2005-282 WHEREAS, on July 26, 2005, by Resolution 2005-207, the City of Grand Island approved and adopted fees for items and services to be provided during the 2005-2006 fiscal year; and WHEREAS, it is necessary to amend such fee schedule to implement fees for the Heartland Public Shooting Sports Park as identified on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, such fees will be in conjunction with the City Parks and Recreation Department taking over management of such facility; and WHEREAS, it is recommended that such amendment be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Fee Schedule is hereby amended to implement the fees identified in Exhibit "A" attached hereto, effective October 1, 2005. - - - Adopted by the City Council of the City of Grand Island, Nebraska, September 27, 2005. _______________________________________ RaNae Edwards, City Clerk Item H1 Approving Appointment of Steve Lamken as Police Chief Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: September 27, 2005 Subject: Appointment of Police Chief Item #’s: H-1 Presenter(s): Brenda Sutherland Background The City’s current Chief of Police, Kyle Hetrick, tendered his resignation due to retirement on June 28, 2005. His last day as Chief of Police will be October 16, 2005. At that time the Mayor asked the Civil Service to begin the process of advertising and testing so that a new police chief could be appointed. The Civil Service met on numerous occasions to approve the posting of the position, the testing process and finally to certify the test results and to send forward three names with the highest test scores to the Mayor as eligible for appointment. The testing process involved a written exam and oral evaluations by a committee consisting of Mark McCue, Don Smith, Jerry Watson and Brenda Sutherland. The three finalists that were interviewed by the Mayor, City Administrator and Human Resources Director were Steven Lamken, Kevin Lindsey and Michael Smitley. The final candidate chosen by the Mayor for appointment underwent professional and criminal background checks as well as a psychological examination. Discussion The Mayor has chosen Steven Lamken to be appointed as the new Chief of Police. Should the Council approve his appointment his employment would begin on October 17, 2005. Mr. Lamken is currently the Director of the Nebraska Law Enforcement Training Center in Grand Island. He has been the Director since 1996. Prior to that he was the Chief of Police from ’87 – ’96 in Kearney and the Chief of Police in Ogallala from ’84 – ’87. He has been employed in the law enforcement field for 34 years. He has a B.A. in Sociology and a M.A. in Adult Education. 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 appointment of Steven Lamken as Chief of Police upon Chief Hetrick’s retirement. Sample Motion Motion to approve Steven Lamken as the next Chief of Police. Item J1 Approving Payment of Claims for the Period of September 14, 2005 through September 27, 2005 The Claims for the period of September 14, 2005 through September 27, 2005 for a total amount of $3,740,734.93. A MOTION is in order. Tuesday, September 27, 2005 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council