Loading...
06-13-2006 City Council Regular Meeting PacketCity of Grand Island Tuesday, June 13, 2006 Council Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Invocation - Pastor Charles Greggory, First Baptist Church, 811 West 10th Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item C1 Presentation of the State of the City Address by Mayor Vavricek Twice a year Mayor Jay Vavricek gives the "State of the City Address" to better communicate to the people of Grand Island. This is an opportunity for the Mayor to update the citizens of Grand Island about the activities and upcoming objectives within the City. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C2 Recognition of Craig Lewis, Building Department Director for 25 Years of Service with the City The Mayor and City Council will recognize Craig Lewis, Building Department Director for 25 Years of Service with the City. Mr. Lewis was hired on June 8, 1981 as a Building Inspector I, then moved to Chief Building Official on November 19, 1984. On April 16, 1991 Mr. Lewis was promoted to Director of Building Inspections. We Congratulate Mr. Lewis for his dedication and service to the City of Grand Island. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Mayor Vavricek City of Grand Island City Council Item C3 Recognition of Lonnie Wilsey, Utilities Department for 30 Years of Service with the City The Mayor and City Council will recognize Lonnie Wilsey, Sr. Materials Handler - Utilities Department for 30 Years of Service with the City. Mr. Wilsey was hired on June 17, 1976 as a Utility Worker I, then moved to Power Plant Operator I on January 30, 1977. On November 15, 1979 Mr. Wilsey was reclassified to Maintenance Operator and on April 19, 1982 moved to Materials Handler. He was then promoted to Materials Handler Lead man on January 20, 1986 and to Sr. Materials Hander on August 1, 1992. We Congratulate Mr. Wilsey for his dedication and service to the City of Grand Island. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Gary Mader City of Grand Island City Council Item E1 Public Hearing on Request of RD & D, Inc. dba Eddie's Fast Gas & More, 417 North Sycamore Street for a Class "D" Liquor License Tuesday, June 13, 2006 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: June 13, 2006 Subject: Public Hearing on Request of RD & D, Inc. dba Eddie’s Fast Gas & More, 417 North Sycamore Street for a Class “D” Liquor License Item #’s: E-1 & I-1 Presenter(s): RaNae Edwards, City Clerk Background Gary Starostka representing RD & D, Inc. dba Eddie’s Fast Gas & More, 417 North Sycamore Street ha s submitted an application for a Class “D” Liquor License. A Class “D” Liquor License allows for the sale of alcohol off sale only inside the corporate limits of the city. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. Attached is the Police Department’s background investigation and recommendation. Also included with this application is the request from Gary Starostka, 633 Faidley Court Apt. 1 for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Approve the application. 2. Forward to the Nebraska Liquor Control Commission with no recommendation. 3. Forward to the Nebraska Liquor Control Commission with recommendations. 4. Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application of RD & D, Inc. dba Eddie’s Fast Gas & More, 417 North Sycamore Street for a Class “D” Liquor License and the request of Gary Starostka, 663 Faidley Court Apt. 1 for Liquor Manager Designation with the stipulation that a state approved alcohol server/seller training program be completed. Sample Motion Move to approve the application of RD & D, Inc. dba Eddie’s Fast Gas & More, 417 North Sycamore Street for a Class “D” Liquor License and the request of Gary Starostka, 663 Faidley Court Apt. 1 for Liquor Manager Designation with the stipulation that a state approved alcohol server/seller training program be completed. Item E2 Public Hearing on Request from Iglesia De Dios Eben-Ezer for Conditional Use Permit for Tent Revival Meetings Located at 502 East Capital Avenue Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Council Agenda Memo From: Craig A. Lewis - Building Department Director Meeting: June 13, 2006 Subject: Request of Iglesia De Dios Eben-Ezer Church for a Conditional Use Permit for Tent Revival Meetings Located at 502 East Capital Avenue Item #’s: E-2 & H-1 Presenter(s): Craig A. Lewis - Building Department Director Background This request is for approval of a conditional use permit to allow for the temporary use of the undeveloped property as an outreach tent revival site for the time from 5:00 p.m. to 9:30 p.m. starting on September 14, 2006 and continuing thru October 1, 2006. The property is currently undeveloped and no facilities exist to support the assembly of people for this type of occupancy and use. The Grand Island City code does permit temporary buildings and uses for periods not to exceed six months in developed areas if approved by the City Council in the form of a conditional use permit. The property is currently zoned T-A Transitional Agriculture and as such recreational camps, public parks, and recreational areas are listed as a permitted principal use. Discussion The request appears to resemble a use similar to that of a public park or recreational area and would appear to be compatible with the surrounding areas. Because the property is undeveloped and no improvements exist for sewer, water, parking, or access to the interior of the property two additional concerns that need to be provided for are; the continued access to the interior of the property for emergency vehicles and a contact person needs to be identified and registered with emergency services. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the request with the two additional conditions as stated in this Staff report. Sample Motion Motion to approve with the conditions that the applicants provide the services as stated in the application and that continued access be provided to the interior of the property and a contact person be identified and supplied to emergency services. Item E3 Public Hearing to Acquire Tracts of Right-of-Way Along Capital Avenue Between Moores Creek Drain and Webb Road for Capital Avenue Widening; Street Improvement District 1256 Tuesday, June 13, 2006 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: June 13, 2006 Subject: Public Hearing and Approval to Acquire Tracts of Right-of- Way and Permanent Easements Along Capital Avenue from the Moores Creek Drainway to east of Webb Road Item #’s: E-3 & G-6 Presenter(s): Steven P. Riehle, Public Works Director Background On July 12th, 2005 a public hearing was held and council approved acquisition of the necessary right-of-ways and permanent easements for the project to widen Capital Avenue. In April 2006 the Federal Highway Administration and the Nebraska Department of Roads approved the environmental documentation for the project and authorized right-of-way negotiations to begin. On May 25th, 2006 a public information open house was held to present the results of the noise study and kick off right-of-way negotiations. Discussion The sanitary sewer force main work on the project was extended to east of Webb Road requiring a new public utility easement. There are four (4) parcels of land where there were minor changes or corrections made to the legal descriptions. Ownership on Tract number 23 has changed. The Federal Highway Administration and the Nebraska Department of Roads have recommended that the resolution approving acquisition of the right-of-ways and permanent easements include authorization for eminent domain proceedings. The council will be updated regarding the negotiations before proceeding with any commendation proceedings. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Make a motion to approve acquisition of the proposed tracts of land. 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 conduct a Public Hearing and approve the acquisition of the tracts of land. Sample Motion Approve the acquisition of the tracts of land along Capital Avenue. Item F1 #9049 - Consideration of Amending Chapter 18 of the Grand Island City Code Relative to Gas Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Council Agenda Memo From: Dale M. Shotkoski, Interim City Attorney Meeting: June 13, 2006 Subject: Revisions to Grand Island City Code; Chapters 18, Gas and Chapter 21, Manufactured Homes and Manufactured Home Parks Item #’s: F-1 & F-2 Presenter(s): Dale M. Shotkoski, Interim City Attorney Background One of the goals set this year by Administration, the Mayor and City Council was to revise and update the Grand Island City Code. As the effort to update the code is continued, meetings were held with Craig Lewis of the Building Department to discuss changes to Chapters 18 and 21. Discussion The City Code Revision Committee and Craig Lewis of the Building Department have the following recommendations as a result of their discussions concerning Chapter 18 - Gas. It is recommended throughout City Code that in most instances, a violation is to be an infraction instead of a misdemeanor. This changes the penalties in Sections 18-3, 18-7 and 18-41. It is recommended that previous Section 18-15 and 18-19 be repealed. These sections pertain to gas inspector inspections of installation within 48 hours of being notified and for the inspector to stick, paste, or tie upon the piping or appliance a notice in printing or writing that the installation has been either accepted or rejected and giving the name of the gas inspector, title and date of acceptance or rejection. This section is outdated and the standard is not being followed. Section 18-19 in regards to records of inspection and tests is also outdated and is no longer being practiced by the Building Department for gas inspections. The title of the city's Building Department was clarified as well as other language clean up which was performed for Chapter 18. The City Code Revision Committee met with Craig Lewis of the city's Building Department to review and discuss Chapter 21 pertaining to manufactured homes and manufactured home parks. Housekeeping and language was again performed for various sections. It is recommended that the process for renewing a permit be simplified to require that the renewal permits be made to the Building Department and it was recommended that the requirement of any changes in the information from the previous permit be submitted in writing to the Building Department at the time of the renewal. This process was no longer deemed necessary by the Building Department. It was recommended that previous Section 21-13 be modified to no longer allow for a person engaged in the business of selling manufactured homes and having manufactured home inventory on site be permitted to use one home on the lot or tract of land where such established business is conducted for a business office and to allow such home to be connected to public utilities. It is recommended that this provision be repealed. It is also recommended that the parking on private property in a manufactured home park, of trailers used for carrying luggage, baggage and boats on private property be deleted. It is further recommended that the requirement of semi-annual inspections be changed to require only annual inspections due to time constraints and limitations within the Building Department to realistically and properly perform the inspections. Another change recommended by the Building Department to Section 21-22 pertains to porches attached to manufactured homes. The recommended change to Section 21-22 was to allow for an entry porch as long as the entry porch was 120 square feet or less covered entry porch (no living space) which is open on at least two sides. It is recommended that the additional language for the covered entry porch to be open on two sides to assist the Building Department in assuring that the porches are to be porches and not living space. Other housekeeping and title changes were made throughout Chapter 21. 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 changes recommended by city staff to Chapter 18 and 21. Sample Motion Motion to approve ordinance revising city code sections. Approved as to Form ¤ ___________ June 8, 2006 ¤ City Attorney ORDINANCE NO. 9049 An ordinance to amend Chapter 18 of the Grand Island City Code; to amend Sections 18-3, 18-7, 18-20, 18-24, 18-34, 18-38, and 18-41 pertaining to housekeeping issues; to delete Section 18-15 pertaining to no tice of inspection approval or rejection; to delete Section 18-19 pertaining to records of inspections and tests; to repeal Sections 18-3, 18-7, 18-15, 18-19, 18-20, 18-24, 18-34, 18-38, and 18-41 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 18-3 of the Grand Island City Code is hereby amended to read as follows: §18-3. Violations of Article It shall be unlawful for any person operating a system of natural gas and distributing through the streets and public places and selling natural gas in the City, or for any agent or employee of any such person, to sell or attempt to sell or to collect for or to charge for, any such gas supplied or furnished to any customer, user, or purchaser thereof in the City at any rate or price in excess of the rate or price fixed by this article, and any person violating any of the provisions of this article shall be deemed guilty of an infractiona misdemeanor. SECTION 2. Section 18-7 of the Grand Island City Code is hereby amended to read as follows: §18-7. Interfering with Safety Equipment Any owner of a gas installation which has been provided with automatic safety equipment, any employee or agent of such owner or any other person who shall block open by manual means or by any other manner whatsoever interfere with or defeat the purpose of such devices to function automatically in the interest of safety shall be guilty of an infraction a misdemeanor within the terms of this article, and subject to its penalties, as in the base of a violation of any other of its terms or provisions. SECTION 3. Section 18-15 of the Grand Island City Code is hereby deleted: §18-15. Notice of Approval or Rejection The gas inspector shall inspect the installation within forty-eight hours after having been notified and shall stick, paste, or tie upon the piping or appliance a notice in printing or writing that the installation has been either accepted or rejected. This notice shall give the name of the gas inspector, title, and the date of acceptance or rejection. ORDINANCE NO. 9049 (Cont.) - 2 - SECTION 4. Section 18-19 of the Grand Island City Code is hereby deleted: §18-19. Records of Inspections and Tests The gas inspector shall keep a complete record of all inspections and tests made as such inspector and make such reports as may be required by the superintendents of other departments, except it shall not be necessary to report the tests made on old work. New work shall be designated as any piping or appliance installation that has not been operated for more than one year. SECTION 5. Section 18-20 of the Grand Island City Code is hereby amended to read as follows: §18-20. Application Application for registration shall be made in writing to the building department blanks furnished by that office which shall show the name, residence and business location of the applicant and such other information as may be required. SECTION 6. Section 18-24 of the Grand Island City Code is hereby amended to read as follows: §18-24. Insurance (A) Every master gas fitting contractor shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in Nebraska, with the following coverages and amounts. (1) Comprehensive General Liability Insurance covering the operations of the licensee, including coverage for completed operations, with limits of not less than $300,000 per occurrence for bodily injury and property damage. (2) A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the licensee's business operations, including completed operations, within the City's zoning jurisdiction. (B) Said contractors shall furnish the City Building Department a certificate or certificates of insurance for the above insurance coverage which shall contain a statement that said policies contain a provision that said policies may not be canceled without written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of cancellation. SECTION 7. Section 18-34 of the Grand Island City Code is hereby amended to read as follows: §18-34. Persons Not Required to Register Any person engaged in wholesale or retail sales of dealing in plumbing or gas connecting materials or supplies but not engaged in the installation, alteration, repair or removal of gas piping or appliances shall not be required to registered hereunder. ORDINANCE NO. 9049 (Cont.) - 3 - SECTION 8. Section 18-38 of the Grand Island City Code is hereby amended to read as follows: §18-38. Issuance; Information in Report Upon approval of the application for permit, the gas inspector shall issue a permit in duplicate to the applicant, stating the name of the owner, agent, or occupant of premises where such work is to be done, the location of premises, lot, block, street, and number and addition, the name and location of the master gas fitting contractor having charge of such work and a description of the work to be done. SECTION 9. Section 18-41 of the Grand Island City Code is hereby amended to read as follows: §18-41. Penalty for Violati on of Article It shall be unlawful for any person upon whom a duty is placed by the provisions of this article to fail or neglect to comply with the provisions thereof, and every person failing or neglecting to comply with or violating any of the provisions of this article, shall be deemed guilty of an infraction a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars; each day's failure or neglect to comply with or the violation of any of the provisions of this article shall be cumulative and deemed a separate and distinct offense and punishable as such. The penalty provided for in this section shall be cumulative and in addition to any other penalty provided for in this article. SECTION 10. Sections 18-3, 18-7, 18-15, 18-19, 18-20, 18-24, 18-34, 18-38, and 18-41 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 11. 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 12. 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. 9049 (Cont.) - 4 - Enacted: June 13, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item F2 #9050 - Consideration of Amending Chapter 21 of the Grand Island City Code Relative to Manufactured Homes and Manufactured Home Parks This item relates to the aforementioned Ordinance Item F-1. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Dale Shotkoski City of Grand Island City Council Approved as to Form ¤ ___________ June 8, 2006 ¤ City Attorney ORDINANCE NO. 9050 An ordinance to amend Chapter 21 of the Grand Island City Code; to amend Sections 21-1, 21-2, 21-3, 21-5, 21-6, 21-8, 21-10, 21-13, 21-14, 21-22, 21-28, and 21-30 pertaining to housekeeping matters; to repeal Sections 21-1, 21-2, 21-3, 21-5, 21-6, 21-8, 21-10, 21-13, 21-14, 21-22, 21-28, and 21-30 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 21-1 of the Grand Island City Code is hereby amended to read as follows: §21-1. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section: Chief building official means the legally designated authority of the city or his authorized representative. Manufactured Home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, and forty body feet or more in length, or when erected on site is three hundred twenty or more square feet in size and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities. Manufactured home lot means any individually owned plot of ground zoned and platted so that it is permissible to place a single manufactured home upon it after a permit is issued by the chief building official or his/her designee. The manufactured home may be attached to a permanent foundation or basement built in accordance with approved codes. Manufactured home park means any lot of ground zoned and licensed as such by the City within which two or more manufactured home spaces are located. Manufactured home space means an area within a manufactured home park for the placement of a single manufactured home and reserved for the exclusive use of its occupants. Manufactured home stand means that facility for the placing of a single manufactured home and appurtenant structures thereto onto a foundation system designed to resist horizontal wind pressure of fifteen (15) pounds per square foot minimum and nine (9) pounds per square foot minimum for uplift, or upon a surface foundation system designed to resist the same forces. Permit means a written permit issued by the chief building official or his/her designee promulgated thereunder. Recreational Vehicle as defined in Chapter 22, Article IX Section 22-124 of the Grand Island City Code. Service building means a building housing toilet and bathing facilities for men and women with laundry facilities and such other facilities as may be required by this chapter. SECTION 2. Section 21-2 of the Grand Island City Code is hereby amended to read as follows: ORDINANCE NO. 9050 (Cont.) - 2 - §21-2. Jurisdiction It is intended that the provisions of this chapter shall be enforced within the city and in the two mile area beyond its corporate limits insofar as compliance with regulations is possible. SECTION 3. Section 21-3 of the Grand Island City Code is hereby amended to read as follows: §21-3. Permit Required It shall be unlawful for any person to open, conduct, establish or maintain any site place or ground for the purpose of a manufactured home park unless a permit so to do so shall have first been issued by the city. SECTION 4. Section 21-5 of the Grand Island City Code is hereby amended to read as follows: §21-5. Renewed Permit Applications for rRenewal of permits under this chapter shall be made to the City Building Department. in writing by the holder of the permit or authorized agent and shall contain the following: (1) Any change in the information submitted since the time the original permit was issued or the latest renewal granted. (2) Such other information as the proper city officials may require. SECTION 5. Section 21-6 of the Grand Island City Code is hereby amended to read as follows: §21-6. Park Plan to be Filed The applicant for a permit required by this chapter or authorized agent shall file with the chief building official or his/her designee a complete plan showing: (1) The area and dimensions of the tract of land to be used for such manufactured home park. (2) The number, location, and size of all manufactured home spaces. (3) The location and width of roadways and walkways. (4) The location of service buildings and any other proposed structures. (5) The location and size of water and sewer lines. (6) Plans and specifications of all buildings and other improvements constructed or to be constructed within the manufactured home park. (7) Parks may have spaces for recreational vehicles provided that such spaces shall be identified on the park plan filed, and shall not exceed twenty percent (20%) of the total number of spaces. Recreational vehicles shall be limited in duration of stay. No recreational vehicle shall be allowed to remain in a space for more than one hundred eighty (180) days within any consecutive three hundred sixty five (365) day period. Any revisions or additions to such plan must be reviewed and approved by the City Council as provided in Section 21-7 of this chapter. ORDINANCE NO. 9050 (Cont.) - 3 - SECTION 6. Section 21-8 of the Grand Island City Code is hereby amended to read as follows: §21-8. Permit Fee (1) If the city council grants such permit required by this chapter to any such applicant, it shall thereupon direct the chief building official or his/her designee to issue such permit upon prepayment of a permit fee to the building department, in accordance with the City of Grand Island Fee Schedule. (2) Prior to expiration of the annual permit, a permit may be renewed upon prepayment of the annual permit fee in accordance with the City of Grand Island Fee Schedule. (3) Failure to obtain a permit renewal by January 31 of each subsequent year, an investigation fee equal to the permit fee shall be paid, in addition to the permit fee, prior to obtaining a renewal of such permit. SECTION 7. Section 21-10 of the Grand Island City Code is hereby amended to read as follows: §21-10. Permit; Revocation; Notice; Hearing If any operator of a manufactured home park to whom a permit has been issued shall continue to violate the ordinances of the a city or the laws of the state pertaining to sanitation, public health and welfare after due notice by the officials of the city or the state of such violation, the city council shall have the right to revoke such permit to operate such park in the following manner: A notice shall be served on the person holding such permit, setting forth wherein permittee has failed to comply with the ordinances of the city or laws of the state and citing permittee to appear before the city council at a day and hour therein specified, not less than three days after the personal service of such notice of such permittee or agent in charge of such manufactured home park and show cause, if any, why such permit should not be revoked or suspended. At the time and place mentioned in such notice, the permittee shall have the right to appear in person or by counsel and to introduce evidence. SECTION 8. Section 21-13 of the Grand Island City Code is hereby amended to read as follows: §21-13. Parking on Private Property It shall be unlawful for any person to park or permit the parking of any manufactured home on private or public property unless such property is within an approved zoning district permitting manufactured homes, or within a permitted manufactured home park or an approved space. A permit for the placement of the manufactured home must be issued by the City Building Department prior to placement. Any person engaged in the business of selling manufactured homes and having manufactured home inventory on the site shall be permitted to use one home on the lot or tract of land where such established business is conducted for a business office. Such home may be connected to public utilities. Nothing contained in this section shall be construed to prevent the keeping and parking of trailers used for carrying luggage, baggage and boats on private property, nor shall it be construed to prevent the owner of a trailer used for vacation and camping purposes from storing or keeping the same on private property if the same is not used for living or sleeping purposes where kept or stored. ORDINANCE NO. 9050 (Cont.) - 4 - SECTION 9. Section 21-14 of the Grand Island City Code is hereby amended to read as follows: §21-14. SemiaAnnual Inspections; Reports It shall be the duty of the chief building official or his/her designee to inspect all manufactured home parks now existing in the city and in the area two miles beyond its corporate limits, and all manufactured home parks hereafter established at least semi-annually. No charge shall be made for such inspection, and the owners of such manufactured home parks shall be furnished in writing the results of such inspection. SECTION 10. Section 21-22 of the Grand Island City Code is hereby amended to read as follows: §21-22. Appurtenances; Accessory and Administrative Buildings All accessory and service buildings shall be detached and located the same as regulations concerning accessory buildings provided in Chapter 36 of the Grand Island City Code, and shall be constructed in conformance with the City Building, Plumbing, and Electrical Codes pursuant to a permit is sued by the Building Department prior to construction. No additions shall be permitted onto a manufactured home except an add-on unit constructed by a manufacturer of manufactured homes recognized by the State of Nebraska. Such add-ons shall receive a permit from the Building Department prior to placement and attachment to the manufactured home and shall be placed onto a foundation system equal to that which the manufactured home rests upon. Exceptions: (A) A one hundred twenty (120) square foot or less covered entry porch (no living space) which is open on at least two (2) sides; (B) Carport or patio cover open on at least three (3) sides; (C) Manufactured home on a private lot placed upon a permanent foundation. No additions shall be constructed without first obtaining a permit from the Grand Island Building Department. SECTION 11. Section 21-28 of the Grand Island City Code is hereby amended to read as follows: §21-28. Fire Prevention (1) Fire prevention in all manufactured home parks shall be under the direct supervision of the City Fire Departmentmayor and city council of the city and its officials charged with the duty of fire prevention in the city. (2) Manufactured home park areas shall be kept free of litter, rubbish, and other flammable materials. (3) Portable fire extinguishers of a type approved by the fire prevention authority shall be kept in service buildings and at all other places designated by such fire prevention authority and shall be maintained in good operating condition. SECTION 12. Section 21-30 of the Grand Island City Code is hereby amended to read as follows: ORDINANCE NO. 9050 (Cont.) - 5 - §21-30. Existing Manufacturing Home Parks This chapter shall not apply to existing mobile home parks, now referred to as manufactured home parks, in existence prior to March 10, 1975, except in the following instances: (1) Any installation, reconstruction, remodeling, or reconfiguration of manufactured home spaces, utility connections, streets, sidewalks, or other infrastructure upon which work is commenced after April 30, 1998, shall comply with all provisions of this chapter. (2) Any placement of a new or different manufactured home on an existing manufactured home space occurring after April 30, 1998, shall comply with all provisions of this chapter. Under no circumstances shall the degree of compliance with this code be increased as a result of the location of a new or different manufactured home on a new or existing manufactured home space. SECTION 13. Sections 21-1, 21-2, 21-3, 21-5, 21-6, 21-8, 21-10, 21-13, 21-14, 21-22, 21-28, and 21-30 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 14. 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 14. That this ordinance shall be in force and take effect from and after its passage and publication, in pamphlet form, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: June 13, 2006. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Item G1 Receipt of Official Document - Hall County Election Certificates for May 9, 2006 Primary Election State law requires the governing body to formally accept the Certificate of Election issued by the Hall County Election Commissioner for the May 9, 2006 City Council Primary Election. The Certificate of Election containing the vote totals and results is attached. A MOTION to accept the election certificate is in order. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item G2 Approving Minutes of May 23, 2006 City Council Regular Meeting Tuesday, June 13, 2006 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 May 23, 2006 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 May 23, 2006. Notice of the meeting was given in The Grand Island Independent on May 17, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Hornady, Walker, and Haase. Councilmember Pauly was absent. The following City Officials were present: City Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle, and Interim Attorney Dale Shotkoski. INVOCATION was given by Pastor Allen Runyon, Grand Island Family Church, 2304 Macron Street followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the severe weather and the procedures to follow if a warning was issued. Also mentioned was the budget process taking place, reminding the council to let staff know if they had any suggestions. PRESENTATIONS AND PROCLAMATIONS: Proclamation “Tourism Recognition Month” May 2006. Mayor Vavricek proclaimed the month of May 15-21, 2006 as “Tourism Recognition Month”. Rene’ Seifert, Trish Beam, Mike Swanson, Liz Gerberding, Tony Schultz, and Ray O’Connor were present. PUBLIC HEARINGS: Public Hearing on Request of Verizon Wireless for Conditional Use Permit for a 150’ Telecommunications Tower Located at 13th Street and Highway 281. Craig Lewis, Building Department Director reported that Scott Goble representing Verizon Wireless had requested a Conditional Use Permit to allow for the construction of a 150’ monopole telecommunications tower located at 13th Street and Highway 281. Staff recommendation was to deny the request as the application was not submitted as prescribed in the City Code and that the proposal would not protect residential areas and land uses from the potential adverse impact of the telecommunications tower. Ray O’Connor, 611 Fleetwood Road and Scott Goble representative from Verizon Wireless spoke in support. No further public testimony was heard. Public Hearing on Changes to Chapter 36 of the Grand Island City Code ME-Manufacturing Estates Zone, in Reference to Installation of Liquid Propane Storage Tank and Accessory Wholesale Propane Sales Chad Nabity, Regional Planning Director reported that the proposed Page 2, City Council Regular Meeting, May 23, 2006 changes were requested by Bosselman Energy, Inc. of Grand Island to allow propane distribution in an ME Zone. Ken Caldwell, 3715 E. Seedling Mile Road spoke in support. No further public testimony was heard. Public Hearing on Changes to Chapter 36 of the Grand Island City Code TA-Transitional Agriculture Zone, in Reference to Landscaping Contractor Business with Onsite Retail. Chad Nabity, Regional Planning Director reported that the proposed changes were requested by Jason Harb of Harb’s Landscaping of Grand Island to allow landscaping contractor business with onsite retail in a TA Zone. 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: #9044 - Consideration of Amending Chapter 8 of the Grand Island City Code Relative to Building Codes #9045 – Consideration of Amending Chapter 17 of the Grand Island City Code Relative to Garbage, Refuse, Waste, and Weeds #9046 – Consideration of Amending Chapter 29 of the Grand Island City Code Relative to Restaurants and Food Service #9057 – Consideration of Amending Chapter 36 of the Grand Island City Code Relative to Zoning 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 Cornelius seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Dale Shotkoski, Interim City Attorney explained the changes to the Grand Island City Code recommended in Ordinances #9044, #9045, and $9046. Chad Nabity, Regional Planning Director stated Ordinance #9057 related to the Public Hearing held earlier. Motion by Pielstick, second by Whitesides to approve Ordinances #9044, #9045, #9046 and #9047. City Clerk: Ordinances #9044, #9045, #9046 and #9047 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 #9044, #9045, #9046 and #9047 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. Page 3, City Council Regular Meeting, May 23, 2006 Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage, Ordinances #9044, #9045, #9046 and #9047 are declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Cornelius, second by Hornady to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of May 9, 2006 City Council Regular Meeting. Approving Re-Appointment of Duane Burns to the Civil Service Commission. Approving Appointments of Dianne Miller, Tom Brown, and Robert Niemann to the Interjurisdictional Planning Commission. #2006-156 – Approving Confidentiality Agreement with Charter Communications Regarding Cable Franchise Issues. #2006-157 – Approving Agreement with Grand Island Youth Baseball, Inc. for Little League Baseball Program. #2006-158 – Approving Certificate of Final Completion with Environmental Direct, Inc. of Grand Island, Nebraska for Asbestos Abatement and Building Demolition at CAAP. #2006-159 – Approving Renewal of Farm Leases for 2006 with: Jiff Johnson, Mike Lilienthal, Ken Clausen, Larry Knuth, Jack Webb, Mike Peters, Gerald Bremer, Phillip Quaring, Robert Nunnenkamp, and Matt Tureck. #2006-160 - Approving Renewal of Lease Agreement – 2nd Lease Addendum with State of Nebraska Department of Administrative Services for One-Stop Workforce Development Center. #2006-161 – Approving Amendment to the Platte River Well Field River Channel Flow Analysis Agreement with U.S. Geological Survey Division and the Central Platte Natural Resources District. #2006-162 – Approving Bid Award for One (1) Used Dump Truck for Waste Water Division with Nebraska Peterbilt of Grand Island, Nebraska in an Amount of $42,000.00. #2006-163 – Approving Bid Award for One (1) Self-Propelled Sewer Cleaning Easement Machine for Waste Water Division with Elliott Equipment Co. of Grimes, Iowa in an Amount of $35,804.00. #2006-164 – Approving Continuation of Sanitary Sewer NO. 521, Lot 9; Westwood Park Second Subdivision. Page 4, City Council Regular Meeting, May 23, 2006 #2006-165 – Approving Extension of Bid Prices with The Diamond Engineering Company of Grand Island, Nebraska for the Lease of Two (2) Dump Trucks; Waste Water Division at a Cost of $675.00 per week and $1.28 per mile. #2006-166 – Approving Services Agreement with PropertyBureau, Inc. #2006-167 – Approving Agreement for Consulting Services for Quality Assurance Inspections and Testing for Law Enforcement Center with Olsson Associates of Grand Island, Nebraska in an Amount not to exceed $40,000.00. #2006-168 – Approving Adoption of the Prevention of Spread of Communicable Disease, Illness, or Poisoning Policy. #2006-169 – Approving Letter of Intent with Qwest for Phone Lines for the New Law Enforcement Center. #2006-170 – Approving Change Order No. 1 with Tri Valley Builders, Inc. of Grand Island, Nebraska for a Decrease of $123,621.00 and a Revised Contract Amount of $2,331,879.00. #2006-171 – Approving Bid Award for Medical Physical Fitness Testing with Internal Medical Associates of Grand Island, Nebraska in an Amount of $24,628.00. REQUESTS AND REFERRALS: Approving Request from Verizon Wireless for a Conditional Use Permit for a 150’ Telecommunications Tower Located at 13th Street and Highway 281. Craig Lewis, Building Department Director reported this item related to the Public Hearing held earlier. Discussion was held concerning other towers in the area. Motion by Nickerson, second by Gilbert to approve the request from Verizon Wireless for a Conditional Use Permit for a 150’ Telecommunications Tower located at 13th Street and Highway 281. Upon roll call vote, all voted aye. Motion adopted. Consideration of Annexation of Property Located at 502 East Capital Avenue (North of Capital Avenue and East of Burlington Northern Railroad) and Refer to the regional Planning Commission. Chad Nabity, Regional Planning Director reported that a request had been made to annex the property located at 502 East Capital Avenue. The owners of the property were anticipating development of the property and wanted it in the corporate limits of the city. Mr. Nabity stated the first step in an annexation process is to refer to the Regional Planning Commission. Discussion was held concerning properties along Capital Avenue which were not within the city limits, cost of sewer and water. Motion by Pielstick, second by Hornady to refer this request to the Regional Planning Commission. Upon roll call vote, all voted aye. Motion adopted. Page 5, City Council Regular Meeting, May 23, 2006 RESOLUTIONS: #2006-172 – Approving Letter of Support for Essential Air Service (EAS) to the Department of Transportation (DOT). Mike Olson, Central Nebraska Regional Airport Executive Director reported that over the last few weeks the Central Nebraska Regional Airport Board had conducted several public meetings to seek input from citizens and businesses concerning air service. The Department of Transportation was accepting recommendations until May 25, 2006 to award a two-year contract for Essential Air Service. Eleven proposals from four airlines were submitted. It was recommended by the Airport Authority Board to accept Big Sky Airlines of Billings, Montana proposal which would provide five (5) weekly round trip nonstop flights to Denver and thirteen (13) weekly roundtrip nonstop flights to Kansas City, Missouri. Discussion was held concerning connections in Kansas City and air fares. Motion by Whitesides, second by Pielstick to approve Resolution #2006-172. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Cornelius, second by Haase to approve the Claims for the period of May 10, 2006 through May 23, 2006, for a total amount of $2,922,205.63. Motion adopted unanimously. Councilmember Pielstick abstained from claim #126751 and Councilmember Hornady abstained from claim #127563. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RaNae Edwards City Clerk Item G3 Approving Minutes of June 6, 2006 City Council Study Session Tuesday, June 13, 2006 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 June 6, 2006 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 June 6, 2006. Notice of the meeting was given in the Grand Island Independent on May 31, 2006. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly, Hornady, Walker, and Haase. The following City Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Interim City Attorney Dale Shotkoski, and Public Works Director Steve Riehle. INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF ALLEGIANCE. MAYOR COMMUNICATION: Mayor Vavricek commented on the following: · Thank you notes from Wasmer Teacher Glenda Frasier Elementary School students · Memorial Day Event at the Veteran’s Home and the importance of flying the American Flag · City Clerk RaNae Edwards – IIMC First Level Master Municipal Clerk Academy Update and Recommendations for Waste Water Treatment Plant Facility Plan. Steve Riehle, Public Works Director reported that on October 11, 2005, the City Council approved an agreement with consulting engineering firm CH2M Hill to prepare a comprehensive plan for the Waste Water Treatment Plant. An update on odor, solids handling and compost operations was discussed at the January 31, 2006 Study Session. Mr. Riehle presented the following: Odor Hotline Update: Summary of calls in 2006 totaled 27 from the whole city. It was difficult to categorize scientifically. An increase in the number of calls in May could be related to spring temperatures by increased outdoor activities. Nasal Ranger Update: Took 325 readings in April & May, 2006 from 12 selected odor sampling locations in the area around the WWTP. Readings greater than “7” DT was considered unsatisfactory. The following readings were taken: Rendering - 46, Straw – 27, Hydrogen Sulfide (rotten egg smell) – 26, and Compost – 9. Mr. Riehle introduced Tom Heinemann representing CH2M Hill to update the Council on the progress with the Waste Water Treatment Plant (WWTP) odors. Reviewed were the ongoing Page 2, City Council Study Session, June 6, 2006 challenges such as changed conditions (industrial loading), regulatory needs, sensitivity to odors, aging equipment and facilities, and maintain reasonable service rates. Discussion was held with regards to the increase in loading which created more sludge, composting, aeration, and the impact of Swift. The City has kept the WWTP in compliance with the permit and had made short-term handling changes to landfilling and pilot composting unit with an aerated static pile. A UV disinfection system was started and was being tested, along with selected solutions for long-term solids handling options. The City was continuing to work toward a Facility Plan update. City staff has been working with the public and coordinating with industries. Mr. Heinemann stated the Ultra Violet Disinfection System would be completed in July 2006. The Pilot Composting Unit (Aerated Static Pile) was started on February 27, 2006 with a 20 day operation per pile for a total of 3 piles. There was an 85% average odor removal efficiency, 45% volume reduction, and 20% of sludge to pilot unit, remainder to the landfill. A total of 1,400 tons of waste was processed to date. Long-Term Solids Handling Options were presented: · Anaerobic Digestion Conventional Anaerobic Digestion $16,829,000 Acid-Gas (Two-Phase) Anaerobic Digestion $13,486,000 · Aerated Static Pile On-site, at the WWTP $17,069,000 · Landfill Disposal $23,212,000 Recommended was the long-term solution Anaerobic Dige stion. The advantages were listed as follows: · Reliable and consistent process – widely used with successful track record · Lowest Operations & Maintenance costs · Major reduction in solids · Pathogen reduction (Class B) allows immediate land application · Improved dewater ability of solids · Enclosed to control odors · Potential beneficial use of digester gas The following was presented for an Anaerobic Digestion Project Implementation: · 3-year project implementation period for anaerobic digesters · Hybrid solution required to meet short-term operations over the implementation period and long-term capital savings/operability · Short-term operations – utilize aerated static pile technology on existing compost site - Reduces landfill fees and trucking costs (short-term) - Use as sludge storage during inclement weather (long-term) - Gives a head-start to class A sludge (potential future requirement) · Financing with revenue bonds likely required to allow fast implementation Page 3, City Council Study Session, June 6, 2006 The following Study Recommendations was presented: · Implement anaerobic digestion at the appropriate time · Pursue financing with revenue bonds to speed implementation · Continue with aerated static pile composting by improving existing compost area · Continue landfilling remainder of sludge until digesters are constructed. Discussion was held with regards to the progress and improvements made at the WWTP. Willie Skala, 323 Mallard Lane commented that the odor had been worse since Memorial Day, but was much better before that. Discussion was held regarding Swift taking care of their own waste. Ron Miller, 704 South Cherry Street stated this problem had been going on for 25 years, but the smell had improved except for some rendering smell. Gary Greer, City Administrator commented that the rendering smell would not go away as long as we had a meat packing plant. Lewis Kent, 624 East Meves stated the odor was much better and we should continue to do what we’re doing. Jan Mefferd, 2725 East Seedling Mile Road thanked the Mayor and Council for what had been done. Ben Thayer, Waste Water Superintendent commented on the stock piling of straw from Fonner Park. Jeff Greer, 514 South Shady Bend Road commented that the odor had been great except for a couple of days and encouraged the City to keep up the good work. City Administrator Gary Greer stated City staff needed direction from the Council. It was the consensus of the Council to move forward with this project. Mayor Vavricek stated this will be brought forward to the Council in the near future. ADJOURNMENT: The meeting was adjourned at 9:15 p.m. RaNae Edwards City Clerk Item G4 Approving Re-Appointments of Jacalyn Ayoub and Roy Anderson to the Community Development Advisory Board The Mayor has submitted the re-appointments of Jacalyn Ayoub and Roy Anderson to the Community Development Advisory Board. These appointments would become effective July 1, 2006, upon approval by City Council and would expire on June 30, 2009. Approval is recommended. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Chad Nabity City of Grand Island City Council Item G5 #2006-173 - Approving Bid Award - 2006/2007 Truck with Telescopic Articulating Aerial Device - Underground Division, Utilities Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Gary R. Mader;DaleShotkoski City of Grand Island City Council Council Agenda Memo From: Gary R. Mader, Utilities Director Dale Shotkoski, Asst. City Attorney/Purchasing Meeting: June 13, 2006 Subject: Bid Award – 2007 Truck with Telescopic Aerial Platform and Chassis Item #’s: G-5 Presenter(s): Gary R. Mader, Utilities Director Background The ’05-’06 Electric Department budget includes the replacement of a 25 year old 1981 Ford F606 bucket truck. Specifications were prepared for the purchase of a standard truck and telescoping bucket for the Electric Underground Division. The specifications were advertised in accordance with the City Procurement Code and publicly opened by the City Clerk on June 1, 2006. Specifications were sent to seven potential bidders. Seven bids were received from three firms. The bids received were: Bidder Truck Equipment Base Bid Trade-In Total Cost Drake-Scruggs Equipment, Inc. Grandview, MO (Primary Bid) Freightliner Versalift VST 5000I $144,842.00 $8,000.00 $136,842.00 Drake-Scruggs Alternate #1 Ford F750 Versalift VST 5000I $145,584.00 $8,000.00 $137,584.00 Drake-Scruggs Alternate #2 Sterling 7500 Versalift VST 5000I $145,756.00 $8,000.00 $137,756.00 Drake-Scruggs Alternate #3 International 4400 Versalift VST 5000I $151,554.00 $8,000.00 $143,554.00 Dra ke Scruggs Alternate #4 GMC TC 7500 Versalift VST 5000I $154,217.00 $8,000.00 $146,217.00 Altec Industries, Inc. St. Joseph MO Freightliner Altec Model TA 50 $144,980.00 $2,000.00 $142,980.00 Terex/Utilities West Commerce City CO Freightliner High Ranger TL 50P $154,109.00 $3,500.00 $150,609.00 Discussion Drake-Scruggs Equipment, Inc. provided the low bid. The low bidder took some minor exceptions to the specifications. The exceptions will not adversely affect the operation of the bucket truck, and the low bid is compliant. The truck chassis for the recommended unit would be from Nebraska Truck Center of Grand Island. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Counc il may: 1. Move to approve the purchase of the 2007 Truck with Aerial Platform from the low, compliant bidder 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council award the bid for the 2007 Truck with Aerial Platform to Drake-Scruggs Equipment of Grandview, Missouri in the amount of $144,842.00, less the trade-in of a 1981 Ford F606 with a Hy-Ranger SF1-45PB bucket for $8,000.00 for a net contract award of $136,842.00. Sample Motion Motion to approve the purchase of the 2007 Truck with Aerial Platform to Drake-Scruggs Equipment of Grandview, Missouri. 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: June 1, 2006 at 11:00 a.m. FOR: 2006/2007 Truck w/ Telescopic Articulating Aerial Platform & Chassis DEPARTMENT: Utilities ESTIMATE: $175,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: May 4, 2006 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Terex/Utilities Altec Industries, Inc. Drake-Scruggs Eq. Inc Commerce City, CO St. Joseph, MO Grandview, MO Bid Security: Bid Bond Bid Bond Cashiers Check Travelers Casualty & Western Surety Co. Surety Co. of America Exceptions: Noted Noted Noted Total Base Bid $154,109 $144,980 $144,842 Less Trade $ 3,500 $ 2,000 $ 8,000 Bid Price: $150,609 $142,980 $136,842 cc: Gary Mader, Utilities Director Robert Smith, Assistant Utilities Director Pat Gericke, Utilities Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1089 Approved as to Form ¤ ___________ June 7, 2006 ¤ City Attorney R E S O L U T I O N 2006-173 WHEREAS, the City of Grand Island invited sealed bids for 2006/2007 Truck – Complete Unit with Telescopic Articulating Aerial Platform and Chassis, according to plans and specifications on file in the office of Utilities Administration; and WHEREAS, on June 1, 2006, bids were received, opened and reviewed; and WHEREAS, Drake-Scruggs Equipment, Inc. of Grandview, Missouri, 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 $144,842, less the trade-in of $8,000 for a net contract award of $136,842; and WHEREAS, Drake-Scruggs Equipment, Inc.'s bid is less than the estimate for such vehicle. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Drake-Scruggs Equipment, Inc. of Grandview, Missouri, in the amount of $144,842, less the trade-in of $8,000 for a net contract award of $136,842 for 2006/2007 Truck – Complete Unit with Telescopic Articulating Aerial Platform and Chassis is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G6 #2006-174 - Approving Acquisition of Tracts of Right-of-Way Along Capital Avenue Between Moores Creek Drain and Webb Road for Capital Avenue Widening; Street Improvement District 1256 This item relates to the aforementioned Public Hearing Item E-3. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Approved as to Form ¤ ___________ June 8, 2006 ¤ City Attorney R E S O L U T I O N 2006-174 WHEREAS, on July 12, 2005, by Resolution 2005-196, the City Council of the City of Grand Island approved the acquisition of real property for utility easements and right-of-way purposes to widen Capital Avenue from the Moore's Creek Drainway (approximately one-half mile west of U.S. Highway 281) east to Webb Road; and WHEREAS, a public hearing was held on June 13, 2006, for the purpose of discussing the acquisition of an additional public utility easement from Northwest Crossings L.L.C., a limited liability company, for this project, such easement is hereby described as follows: A tract of land consisting of part of Lot 1, Block 8 of Replat of Block 8, Continental Gardens Addition, located in Lot 1 of Fractional Section 7 and the Northwest Quarter (NW1/4) of Section 8, all in Township 11 North, Range 9 West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: Commencing at the northwest corner of said Lot 1, said point also being on the south right- of-way (R.O.W.) line of Capital Avenue and the point of beginning; thence southerly along the west line of said Lot 1 a distance of 35.00 feet; thence easterly along a line being 35.00 feet south of and parallel to the north line of said Lot 1 a distance of 37.00 feet; thence northeasterly a distance of 49.19 feet to a point on the north line of said Lot 1, said point being 72.00 feet easterly from the northwest corner of said Lot 1; thence westerly along the north line of said Lot 1 a distance of 72.00 feet to the point of beginning. Said Public Utility Easement contains 1907.31 square feet or 0.044 acres more or less of which 279.99 square feet is existing public utility easement. WHEREAS, corrections need to be made to the legal descriptions for the tracts of land acquired at the July 12, 2005 council meeting, such corrected legal descriptions are set out as follows: Tract No. Property Description 3 Bluestem Properties, L.L.C. ROW Acquisition A tract of land consisting of part of Lot 3 of Bosselman Subdivision, located in the Southwest Quarter of the Southeast Quarter (SW1/4, SE1/4) of Section 1, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the southwest corner of said Lot 3, said point also being on the north Right-Of-Way (R.O.W.) line of Capital Avenue and the Point of Beginning; thence on an assumed bearing of N00°26'48"E along the west line of said Lot 3 a distance of 12.13 feet; thence S89°09'29"E a distance of 115.95 feet; thence S88°21'25"E a distance of 111.33 feet; thence N46°38'35"E a distance of 31.61 feet; to a point on the east line of said Lot 3, said line also being the west R.O.W. line of Diers Avenue; thence S00°29'31"W along the east line of said Lot 3 a distance of 32.47 feet to the southeast corner of said Lot 3, said corner also being - 2 - the point of intersection of the west R.O.W. line of Diers Avenue and the north R.O.W. line of Capital Avenue; thence N89°11'24"W along the south line of said Lot 3 a distance of 250.05 feet to the point of beginning. Said tract contains 3144.02 square feet or 0.072 acres more or less. 5 Poland Oil, Inc. Utility Easement A Public Utility and Walk Easement consisting of part of Lot 1, Block 1 of Dickey Subdivision located in the Southeast Quarter of the Southeast Quarter (SE1/4, SE1/4) of Section 1, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of Lot 2, Block 1 of said Dickey Subdivision, said point being on the east Right-Of-Way (R.O.W.) line of U.S. Highway #281; thence on an assumed bearing of S00°29'32"W along the west line of said Lots 1 and 2 a distance of 471.69 feet to the Point of Beginning; thence S88°33'03"E a distance of 176.69 feet; thence N66°24'30"E a distance of 9.84 feet to a point on the east line of said Lot 1; said line also being the west R.O.W. line of St. Patrick Avenue; thence S00°16'58"W along said east line of Lot 1 a distance of 17.00 feet to the southeast corner of said Lot 2, said corner also being the point of intersection of the west R.O.W. line of St. Patrick Avenue and the north R.O.W. line of Capital Avenue; thence N89°00'48"W along the south line of said Lot 1 a distance of 185.72 feet to the southwest corner of said Lot 1, said corner also being the point of intersection of the north R.O.W. line of Capital Avenue and the east R.O.W. line of U.S. Highway #281; thence N00°29'32"E along the west line of said Lot 1 a distance of 14.33 Feet to the point of beginning. Said Public Utility and Walk Easement contains 2541.15 square feet or 0.058 acres more or less. 20 Gordman Grand Island, L.L.C. Utility Easement A Public Utility and Trail Easement consisting of part of an unplatted tract of land recorded as Instrument Number 04-11617, Hall County Register of Deeds, located in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section 12, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the northwest corner of Lot 2 of Grand Island Plaza Subdivision, City of Grand Island, Hall County, Nebraska, said point being on the east Right-Of- Way (R.O.W.) line of U.S. Highway #281; thence on an assumed bearing of N00°18'43"E along said east R.O.W. line a distance of 135.61 feet to the Point of Beginning; thence continuing N00°18'43"E along said east R.O.W. line a distance of 17.19 feet; thence S89°00'48"E a distance of 199.94 feet to a point on the west line of Lot 3 of said Grand Island Plaza Subdivision; thence S00°20'08"W along the west line of said Lot 3 a distance of 11.28 feet; thence S89°17'39"W a distance of 199.96 feet to the point of beginning. Said Public Utility and Trail Easement contains 2845.58 square feet or 0.065 acres more or less. - 3 - 21 Gordman Grand Island, L.L.C. Utility Easement A Public Utility and Trail Easement consisting of part of Lot 3 of Grand Island Plaza Subdivision, located in the Northeast Quarter of the Northeast Quarter (NE1/4, NE1/4) of Section 12, Township 11 North, Range 10 West of the 6th P.M., City of Grand Island, Hall County, Nebraska and more particularly described as follows: Commencing at the southwest corner of said Lot 3; thence on an assumed bearing of N00°20'08"E along the west line of said Lot 3 a distance of 141.68 feet to the Point of Beginning; thence continuing N00°20'08"E along said west line a distance of 11.28 feet; thence S89°01'35"E a distance of 349.71 feet; thence S32°43'06"E a distance of 1.21 feet; thence S89º17'39"W a distance of 350.41 feet to the point of beginning. Said Public Utility and Trail Easement contains 2152.74 square feet or 0.049 acres more or less. WHEREAS, the ownership to Tract No. 23 described in Resolution 2005-196 has changed to Northwest Crossings L.L.C.; and WHEREAS, Section 19-709, R.R.S. 1943, authorizes the City to appropriate private property for use of the City for public facilities; and WHEREAS, in the event the property authorized for acquisition herein and/or authorized for acquisition in Resolution 2005-196 pertaining to the widening of Capital Avenue from the Moore's Creek Drainway east to Webb Road is unable to be resolved between the parties, it is recommended that the City be authorized to pursue eminent domain proceedings for such acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City of Grand Island is hereby authorized to acquire a permanent utility easement from Northwest Crossings L.L.C. on the above identified tract of land. 2. The City of Grand Island is hereby authorized to acquire permanent utility easements and/or right of way with respect to the corrected legal descriptions outlined above. 3. The City of Grand Island is hereby authorized to acquire Tract No. 23 described in Resolution 2005-196 from its new owner, Northwest Crossings L.L.C. 4. In the event the acquisition of the above-described property, and the property identified and authorized for acquisition pursuant to Resolution 2005-196, cannot be successfully negotiated, that the City Attorney is hereby authorized and directed to commence condemnation proceedings on behalf of the City of Grand Island to acquire it for the Capital Avenue widening project. - 4 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item G7 #2006-175 - Approving Bid Award - Fire Station 4 Roof Replacement Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Jim Rowell City of Grand Island City Council Council Agenda Memo From: Jim Rowell, Fire Chief Meeting: June 13, 2006 Subject: Fire Station 4 Roof Replacement Item #’s: G-7 Presenter(s): Jim Rowell, Fire Chief Background Bids for replacing the roof at Fire Station 4 were opened on May 24, 2006 at 11:00 a.m. There were two bidders on the project. Husker Sales and Distribution Inc. of Grand Island, NE submitted the low bid of $36,510.00. Discussion Fire Station 4 has had reoccurring problems with leaks in the roof. The new roof wll use the standing seam metal roofing. The new roof will provide higher quality materials and eliminate the current problem. The roofing material is the same as that being used in the new Fire Station 1 and is planned for next year on Fire Station 3. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the bid for the roof replacement of Fire Station 4 in the amount of $36,510.00. Sample Motion Motio n to approve the awarding of the contract for roof replacement of Fire Station 4 to Husker Sales and Distribution Inc. of Grand Island, Nebraska in the amount of $36,510.00. Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Dale M. Shotkoski, Assistant City Attorney Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: May 24, 2006 at 11:00 a.m. FOR: Roof Replacement – Fire Station 4 DEPARTMENT: Fire ESTIMATE: $30,000.00 FUND/ACCOUNT: 10022101-85612 PUBLICATION DATE: May 12, 2006 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Husker Sales & Dist., Inc. Steel Crafters, Inc. Grand Island, NE Grand Island, NE Bid Security: $1,825.50 $2,173.80 Exceptions: Noted None Bid Price: $36,510.00 $42,478.00 cc: Jim Rowell, Fire Chief Chris Hoffman, Fire Admin. Assist. Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant P1091 Approved as to Form ¤ ___________ June 7, 2006 ¤ City Attorney R E S O L U T I O N 2006-175 WHEREAS, the City of Grand Island invited sealed bids for Roof Replacement – Fire Station No. 4, according to specifications on file with the Fire Administration Office; and WHEREAS, on May 24, 2006, bids were received, opened and reviewed; and WHEREAS, Husker Sales & Distribution, Inc. of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein, such bid being in the amount of $36,510.00; and WHEREAS, Husker Sales & Distribution, Inc.' bid is more than the estimate for such project, however funding is available in the budget for the Fire Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Husker Sales & Distribution, Inc. of Grand Island, Nebraska, in the amount of $36,510.00 for Fire Station No. 4 roof replacement is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Item H1 Consideration of Request from Iglesia De Dios Eben-Ezer for Conditional Use Permit for Tent Revival Meetings Located at 502 East Capital Avenue This item relates to the aforementioned Public Hearing Item E-2. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Craig Lewis City of Grand Island City Council Item I1 #2006-176 - Approving Request of RD & D, Inc. dba Eddie's Fast Gas & More, 417 North Sycamore Street for a Class "D" Liquor License and Request from Gary Starostka, 663 Faidley Court Apt. 1 for Liquor Manager Designation This item relates to the aforementioned Public Hearing Item E-1. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Approved as to Form ¤ ___________ June 7, 2006 ¤ City Attorney R E S O L U T I O N 2006-176 WHEREAS, an application was filed by RD & D, Inc., doing business as Eddie's Fast Gas & More at 417 North Sycamore Street for a Class "D" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on June 3, 2006; such publication cost being $13.60; and WHEREAS, Gary Starostka has applied for a liquor manager designation for the business; and WHEREAS, a public hearing was held on June 13, 2006, for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____ The City of Grand Island hereby recommends approval of the above-identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application. ____ The City of Grand Island hereby makes no recommendation as to the above- identified liquor license application with the following stipulations: _________ __________________________________________________________ ____ The City of Grand Island hereby recommends denial of the above-identified liquor license application for the following reasons: ________________________ __________________________________________________________ ____ The City of Grand Island hereby recommends the application of Gary Starostka as liquor manager of such business upon the completion of a state approved alcohol server / seller training program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, June 13, 2006. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ - 2 - RaNae Edwards, City Clerk Item J1 Approving Payment of Claims for the Period of May 24, 2006 through June 13, 2006 The Claims for the period of May 24, 2006 through June 13, 2006 for a total amount of $3,728,732.69. A MOTION is in order. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: RaNae Edwards City of Grand Island City Council Item J2 Approving Payment of Claims for the Library Expansion for the Period of May 10, 2006 through May 23, 2006 The Claims for the Library Expansion for the period of May 10, 2006 through June 13, 2006 for the following requisitions. #28 $ 470.00 #29 $249,580.30 A MOTION is in order. Tuesday, June 13, 2006 Council Session City of Grand Island Staff Contact: Dave Springer City of Grand Island City Council